Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 116 CONGRESS, SECOND SESSION

E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 116 CONGRESS, SECOND SESSION

Vol. 166 WASHINGTON, WEDNESDAY, SEPTEMBER 30, 2020 No. 170 House of Representatives The House met at 9 a.m. and was sponders and frontline medical per- ESTABLISHING A DEPARTMENT OF called to order by the Speaker pro tem- sonnel get the protective equipment RECONCILIATION pore (Mr. CUELLAR). that they need to effectively battle the The SPEAKER pro tempore. The f virus. Chair recognizes the gentleman from For these reasons, I want to see our Texas (Mr. GREEN) for 5 minutes. DESIGNATION OF SPEAKER PRO protective equipment made in the TEMPORE Mr. GREEN of Texas. And still I rise, United States and not in a country Mr. Speaker, in the name of liberty and The SPEAKER pro tempore laid be- controlled by the Chinese Communist justice for all. I rise to call to our at- fore the House the following commu- Party. tention that we saw last night evidence nication from the Speaker: For the last two decades, most ob- of what happens when one party comes WASHINGTON, DC, servers have predicted that either the to debate and another party comes to September 30, 2020. United States or China will lead the disrupt. I hereby appoint the Honorable HENRY world in the 21st century. In the early We saw a President who did any and CUELLAR to act as Speaker pro tempore on 2000s, we saw China as a friendly com- this day. everything that he could to avoid de- petitor that we could work with eco- NANCY PELOSI, bating. And we saw a Vice President Speaker of the House of Representatives. nomically. However, in recent years, who did any and everything that he the actions of the Chinese Communist f could to debate. Party have revealed the true colors of But something more important hap- MORNING-HOUR DEBATE an authoritarian force. They are not pened than the disruption. We saw a The SPEAKER pro tempore. Pursu- our friends, and they are not a force for President who refused to denounce ant to the order of the House of Janu- good in this world. white supremacy and the supremacists. ary 7, 2020, the Chair will now recog- Given the fact that it was China that This is not the first time this has hap- nize Members from lists submitted by mishandled the virus, and China that pened. A President who refuses to de- the majority and minority leaders for allowed it to spread, and China that nounce white supremacy and white su- morning-hour debate. lied to the world about it, how accept- premacists should not hold office. The Chair will alternate recognition able is it that the American people Mr. Speaker, I was proud of the Vice between the parties, with time equally should be reliant on China for the es- President. He indicated that the Presi- allocated between the parties and each sential personal protective equipment dent of the United States is a racist. Member other than the majority and that we need to fight the virus? That Some things bear repeating: The Vice minority leaders and the minority would be like having to beg the arson- President, former Vice President, indi- whip limited to 5 minutes, but in no ist to help you put out the fire that cated that the current President is a event shall debate continue beyond they started. racist. 10:50 a.m. That is why I introduced the Make By the way, he is not the first person PPP in America Act, along with Con- f to say so. Many members of the leader- gresswoman Jan Schakowsky. This bi- ship of the House have said so. Other MADE IN AMERICA partisan legislation requires the De- prominent Americans have said so. So The SPEAKER pro tempore. The fense Logistics Agency to issue longer it should not surprise anyone that the Chair recognizes the gentleman from term contracts to make personal pro- RECORD should reflect what has been North Carolina (Mr. BUDD) for 5 min- tective equipment in the United said. utes. States. The Vice President went on to say Mr. BUDD. Mr. Speaker, one of the We have to boost our domestic supply that he wants to do something about biggest lessons that the COVID–19 pan- chains and make sure our most impor- racism in this country. That, if elected, demic has taught us is the importance tant products come from our shores he will convene a meeting of persons, of the phrase ‘‘Made in America.’’ and not from our adversaries like Com- prominent persons, law enforcement, In my home State of North Carolina, munist China. and others, to do something about rac- we are a national leader in textile man- Bottom line, we need to ensure that ism, and I am going to add systemic ufacturing, and we have a rich history Made in America is more than just a racism. of producing high-quality products. slogan. Made in America needs to be a I believe that the Vice President’s That is why North Carolina has been at guiding principle as we move into the heart is in the right place, but I also the forefront of helping our first re- 2020s and beyond. know that convening is not enough.

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

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VerDate Sep 11 2014 13:02 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A30SE7.000 H30SEPT1 SSpencer on DSK126QN23PROD with HOUSE H5058 CONGRESSIONAL RECORD — HOUSE September 30, 2020 Mr. Vice President, whom I happen robocalls warrants a serious conversa- RECOGNIZING THE DIOL FAMILY to like very much, convening is not tion that is long overdue. The SPEAKER pro tempore. The enough. Under the 1991 Telephone Consumer Chair recognizes the gentleman from Protection Act, TCPA, prerecorded It is time for us to turn the talking Colorado (Mr. CROW) for 5 minutes. voice messages and the use of auto- points associated with racism into ac- Mr. CROW. Mr. Speaker, in the early matic dialing systems were effectively tion items, and we have done much of morning hours of August 5, five Sen- banned. The prevailing argument was that here on the Hill. But there is one egalese immigrants, including an in- that the American people would no thing that we need to do that we have fant and a toddler, died in an arson fire longer face intrusive nuisances that we not done in this country that goes back in their Denver home. The victims de- have now come to recognize as to 1619, and that is, we have not rec- serve to be recognized. onciled. We have not reconciled the dif- robocalls. In retrospect, the TCPA was a novel Djibril Diol, who was 30 years old, ferences that we have, the racial dif- immigrated to the United States from ferences. It is time for reconciliation. endeavor, but the Bipartisan Budget Act of 2015 introduced setbacks that Senegal 10 years ago to make a better To turn this talking point into an ac- life for himself and his family. He grad- tion item, Mr. Vice President, I beg compromised the progress that had been achieved in the fight against uated from Colorado State University that you would establish a department with a degree in civil engineering and of reconciliation with a secretary of robocalls. Debt collectors received a special carve-out that allowed them to was an outstanding student with a reconciliation who wakes up every bright future ahead of him. morning with the job of eliminating in- place automatic calls to Americans who owed money to the Federal Gov- He was well loved by his family and vidious discrimination in all of its friends. His brother described him as forms in this country. ernment. Though the Supreme Court elimi- ‘‘a good person, a good worker, and a It is time for us to deal forthrightly, good Muslim.’’ A coworker said that to deal in an open and notorious man- nated this carve-out on the basis that it was a violation of the First Amend- Djibril ‘‘was a way better man than I ner, with racism and invidious dis- will ever be.’’ crimination in this country in all of its ment, bountiful opportunities to enact meaningful reform remain on the hori- Djibril’s wife, Adja, and 2-year-old various forms. daughter, Khadija, also died in the fire, It is time, Mr. Vice President. You zon. Unwanted robocalls have become the as did Coumba Diol Hassan, Djibril’s are the man. You are the man in the bane of many, and with phones ringing sister, and Hawa Beye, her 10-month- sense that you are the man running for off the hook in households across the old son. President as the nominee of the Demo- country, Americans are wondering We don’t know what motivated this cratic Party. In that sense, you are the when they will get a reprieve from attack, but it has deeply shaken our person to be more appropriate who can these nuisances. Imagine you are sit- African immigrant community and left make this happen. ting down for dinner with your family, them feeling unsafe. While this was a We saw a President declare a war on and within seconds of the meal start- tragic incident, and we mourn for the poverty, President Johnson. It is time ing, your phone begins ringing. It is family, I want to emphasize the to declare a war on racism. It is time yet another robocall. strength and resilience of our African to end what we are seeing occurring al- Now, magnify the scene to house- immigrant community. most on a weekly basis in this country holds across the country. It is an en- As a case in point, the African Lead- to African Americans, minorities, and raging scenario that all of us have been ership Group, ALG, a local nonprofit women. It is time to have a department affected by, but I have a blueprint that that provides a wide variety of vital of reconciliation. can set things right. services to our immigrant neighbors, To this end, I will send the Vice Since 2005, I have introduced the has consoled and supported the Diol President a letter asking him to con- Robo Calls Off Phones Act, legislation family and kept pressure on law en- sider a department of reconciliation. that directs the FTC to revise its regu- forcement to solve this horrific crime. To talk about it is not enough. We lation for the National Do Not Call Led by Papa Dia, who is a native of have to have the action item. Registry and allows politically ori- Senegal himself, I thank them for their There are many other things that ented messages to be added to that list. service. can be done. I don’t oppose a task In fact, the genesis for this legisla- force. I don’t oppose opportunities to tion came from my constituents. Many RECOGNIZING STANLEY MARKETPLACE look at other forms of reconciliation. were livid that they had been Mr. CROW. Mr. Speaker, it is my But a department of reconciliation is bombarded with unwanted calls during honor today to recognize the accom- the means by which we can formalize the 2004 election year. They demanded plishments of Stanley Marketplace, a and actualize reconciliation in this that Congress act to end these community-focused urban market in country. nuisances, and I took it upon myself to Aurora, Colorado. It won’t be easy, and it won’t happen carry the mantle. Located in northwest Aurora on the right away, which is why we need the Ever since I have reintroduced this border of Denver’s Central Park neigh- department of reconciliation. Call it legislation to address the cyclical borhood, Stanley Marketplace is a anything that you want, as long as it is issue, and I remain adamant that Con- community of businesses and people about reconciliation. gress must address this immediately. who believe in doing things dif- I will contact you, Mr. President. For years, politicians in Washington ferently—sustainably, creatively, and The SPEAKER pro tempore. Mem- have told their constituents that they with more than the bottom line in bers are reminded to refrain from en- would fight against robocalls. Now it is mind. gaging in personalities toward the time to hold ourselves to account and The marketplace’s 22-acre site was President. be part of the solution. once the site of the Stanley Aviation f H.R. 805, the bipartisan Robo COP factory. It is now a community gath- Act, is the vessel by which we can ering place, home to 50 independently PUTTING AN END TO POLITICAL achieve meaningful reform. owned Colorado businesses. ROBOCALLS The simple truth is that no American Today, the same innovative spirit The SPEAKER pro tempore. The is immune to receiving robocalls. It is that once filled Stanley’s building has Chair recognizes the gentlewoman from becoming a nagging problem that has been harnessed to offer our community North Carolina (Ms. FOXX) for 5 min- evolved to the point where we now be- an urban marketplace featuring goods utes. lieve it is commonplace to receive and services from local independent Ms. FOXX of North Carolina. Mr. them at any point during the day. businesses. Speaker, we are in the height of The answer to this problem is right The property includes a 30,000-square- robocall season, and the American peo- before our very eyes, and Congress foot sustainable greenhouse and an ple are beyond fed up. finds itself in an opportune moment to urban farm. Under construction is an The recent 6–3 ruling by the Supreme enact meaningful reforms that have inclusive playground where children of Court that upholds a Federal ban on been overlooked for far too long. all abilities can play.

VerDate Sep 11 2014 14:12 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K30SE7.002 H30SEPT1 SSpencer on DSK126QN23PROD with HOUSE September 30, 2020 CONGRESSIONAL RECORD — HOUSE H5059 b 0915 mend Mary for her support for the Col- United States. It is important for our During the pandemic, the Stanley orado Air and Space Port. Her stead- survival into the upcoming technology Marketplace team has gone above and fast advocacy was integral in bringing advancements that our country is so beyond to support its community of that project to fruition. dependent on. It also requires the De- small business owners, helping them Commissioner Hodge’s diverse profes- partment of Defense to source these weather the continued challenges of sional background and leadership expe- materials from America. COVID–19. rience has benefited our community for Pennsylvania, my home, is home to a Stanley Marketplace is guided by a many years. dedicated and highly skilled workforce, document they call the Stanifesto, I congratulate Commissioner Mary and I am working on a plan to which includes these lines: Hodge on her retirement and thank her incentivize companies to bring their for her service to our community and research, the development, and the pro- We believe the best rules are simple and clear: Love your neighbor. Leave each place to Adams County. duction of materials back home. better than you found it. Be good and do f As President Trump said earlier this month: ‘‘We want to build factories in good. ESSENTIAL MEDICAL INNOVATION Baltimore, not Beijing. We want to I congratulate the Stanley team on AND MANUFACTURING MUST make our products in Chicago, not their ongoing work to support our COME HOME TO AMERICA neighbors and locally owned small Shanghai.’’ And, I might add, we want The SPEAKER pro tempore. The businesses. to make medicines in Chambersburg, Chair recognizes the gentleman from not China. HONORING THE TIRELESS WORKERS IN COLORADO Pennsylvania (Mr. JOYCE) for 5 min- Mr. Speaker, this is the fight of our DURING THE 2020 CENSUS utes. lives, and we have a real opportunity Mr. CROW. Mr. Speaker, it is my Mr. JOYCE of Pennsylvania. Mr. to make a difference. There is nothing honor today to recognize the accom- Speaker, in 2020, America is facing sig- partisan about securing America’s plishments of organizations in my dis- nificant threats to our health, to our place as a leader in the 21st century. trict that have worked tirelessly to values, and to our national security. There is nothing partisan about bring- promote and ensure their communities The Chinese Communist Party has ating jobs home to America. There is are counted in the 2020 Census. tempted to exert control over every nothing partisan about combating a With over 800,000 citizens and 160 lan- facet of America’s economy and indus- hostile regime’s overreach into Amer- guages spoken in my district, making try, and even our health and safety. ican lives. sure that every single resident is The coronavirus has exposed that This is not about Republicans or counted is difficult work. With the help much of America’s medical supply Democrats; this is about Americans. I of many hardworking organizations, chain, as it currently stands, runs di- urge my colleagues from across the po- Colorado’s Sixth District has a self-re- rectly through China. This should con- litical spectrum to get behind our com- sponse rate of 76.5 percent, surpassing cern every American. Why would we monsense solutions to counter the Chi- its 2010 rate and surpassing the State trust a regime that lies about a pan- nese Communist Party and protect our average of 69.5 percent. In fact, it holds demic to control our access to Nation. the highest response rate of any Colo- healthcare? It is simple. We must secure our sup- rado congressional district. As a physician, I have long been con- ply chains. We must defeat China in I would particularly like to acknowl- cerned about the Chinese Communist the race to the next-generation tech- edge the following 11 organizations for Government’s near monopoly on the nology. We must prepare Americans to their help in spreading awareness: To- manufacturing of generic medicines. succeed in the years to come. gether We Count, the Asian Pacific De- And that threat doesn’t stop there. We From strengthening our supply velopment Center, the Oromo Commu- cannot allow the Chinese Communist chains and bringing jobs home to nity of Colorado, The ARC of Aurora, Party to control our access to prescrip- America and to our allies, countering the Aurora Economic Opportunity Coa- tion drugs and the vital materials that Chinese interference in our educational lition, the Mosaic Church of Aurora, are used in healthcare equipment, not institutions, we must take action. We the African Chamber of Commerce in to mention PPE. must continue fighting to defend the Colorado, the Village Exchange Center, For the sake of American patients American people and equip America to the City of Aurora, Arapahoe County, and our national security, we must cor- lead the way in the 21st century. and Mi Pueblo Market. rect course and return the essential As I have said before on this floor, These organizations truly make a dif- medical innovation and manufacturing this is the fight of our lifetime, and it ference in my district for their tireless home to America and away from this is one that we certainly can win. work in the 2020 Census. hostile regime. f HONORING MARY HODGE ON HER RETIREMENT For months, the China Task Force Mr. CROW. Mr. Speaker, it is my has been working to identify realistic HONORING HEALTHCARE HEROES honor today to recognize the accom- and achievable solutions to secure our The SPEAKER pro tempore. The plishments of Mrs. Mary Hodge, a medical supply chain and ensure that Chair recognizes the gentleman from former State legislator and current Americans are never beholden to the Texas (Mr. BABIN) for 5 minutes. Adams County commissioner, and con- Chinese Communist Party for our Mr. BABIN. Mr. Speaker, it is an gratulate her on her upcoming retire- medicines and for our healthcare honor to stand here today and recog- ment. equipment. We are taking a com- nize a handful of remarkable individ- Commissioner Hodge is a Colorado prehensive approach to end America’s uals from my congressional district for native, who has dedicated her career to reliance on China and bring jobs home their exceptional contributions to the making an impact in her home State. to America. health and safety of communities Mary, among many things, is a former Our supply chain challenges extend across southeast Texas since the out- State representative in the Sixth Dis- beyond the healthcare regime. From break of the COVID–19 virus. trict of Colorado and a county commis- technology to manufacturing, too I have seen people come together like sioner. Mary has also taught first many materials that we rely on every never before to help and support each grade in Greeley and preschool in Glen- day are sourced from China. other throughout this unprecedented wood Springs. Earlier this year, I introduced legis- time. People from all walks of life and Mary went on to own and operate a lation that seeks to end America’s de- from different backgrounds and motel in Wyoming and worked for sev- pendence on China for rare earth ele- ideologies have put their own needs eral businesses. Her public service ments and other critical minerals— aside to respond to the crisis at hand began in 2000, when she was elected as these are essential, and they are used without hesitation. a Colorado State representative. in the manufacturing of medical sup- Today I wish to personally honor and As a servant leader, Commissioner plies, defense technology, and high- say thank you to our frontline Hodge is a tireless champion for edu- tech products—by establishing a supply healthcare workers. You have selflessly cation and small businesses. I com- chain for these materials here in the put yourselves in the path of the virus

VerDate Sep 11 2014 13:02 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K30SE7.005 H30SEPT1 SSpencer on DSK126QN23PROD with HOUSE H5060 CONGRESSIONAL RECORD — HOUSE September 30, 2020 in order to protect the rest of us, and demic started and for your clinical duce the GIVE MILK Act last month. you are true American heroes. oversight, which has undoubtedly re- The GIVE MILK Act, Mr. Speaker, To the doctors, nurses, technicians, sulted in successful patient outcomes. gives families who use the WIC pro- EMTs, pharmacists, home health aides, Dr. George Rodriguez, thank you for gram, or Women, Infants, and Children and everyone else who supports patient providing clinical guidance and leader- program, more control over the nutri- care, from the bottom of my heart, ship on patient care and protocol devel- tion of their children by making 2 per- thank you. You have gone above and opment. cent and whole milk available through beyond. Your dedication, courage, and And I thank Dr. Zaher Shebib, who the WIC program to any child over the strength deserve our most profound ad- has consulted on every single COVID–19 age of 2. miration and gratitude. Your service to patient case for St. Luke’s. b 0930 your community has impacted and Also from St. Luke’s, allow me to saved countless lives. highlight lab director, Charlie Combs, Currently, WIC participants are lim- It would take days for me to appro- who is described by his colleagues as an ited to low-fat or nonfat milk, meaning priately honor each and every person unsung hero, as well as Chelsea they are missing all the nutrition that who deserves special recognition. Un- Pavlowich, Christina Andrews, Sarah comes from that milk fat. fortunately, I have limited time today, Hill, Candace Fernandez, Jason Case, This legislation will give families so I want to highlight just a few of Nidia Johnson, Cole Morse, Cassie Fire, who depend on WIC more options when these heroes. and Lisa Agler, who are all superhero considering nutritional options for From my neck of the woods in Tyler nurses and whose commitment to pa- their children. It will also help in- County, Texas, I want to thank Carrie tients supersedes any fear of this dan- crease milk consumption, which is a Holland Evans, a registered nurse who gerous virus. win for our dairy farmers. was infected with COVID–19 in the line And to the thousands of healthcare I talked about this legislation, of duty. Since her recovery, Carrie has workers who, due to time constraints among other things, when I had the participated in virology studies and were not mentioned today, please know pleasure of joining the folks at the Na- has donated convalescent plasma to this: You are the heroes of this unprec- tional Milk Producers Federation last save lives. edented time. week on their new podcast, ‘‘Dairy De- I want to recognize Dr. Qamar This country and your Congressman fined’’. We covered a lot of ground, in- Arfeen, who delivers home health and will forever be grateful. May God bless cluding the importance that milk plays hospice care across southeast Texas each and every one of you, and may we in our diets and how coronavirus has and is the head of the COVID–19 unit at see an end to this global pandemic very impacted the dairy industry. Baptist Hospital, for all of his work soon. Safety net programs like the Dairy with convalescent plasma. God bless you. Margin Coverage program, coupled From Houston Methodist in Bay- f with the coronavirus relief efforts, town, I want to mention four brave and have helped ease the burden somewhat resilient registered nurses: Jennifer DAIRY UPDATES on our producers, but times remain Vera, LaDuska James, Dorothy Terry, The SPEAKER pro tempore. The tough. We must continue to spread the and Jon Ann Watson. Your contribu- Chair recognizes the gentleman from word about these critical safety net tions to the hospital and dedication to Pennsylvania (Mr. THOMPSON) for 5 programs so our Nation’s dairy pro- patient care were simply awe inspiring. minutes. ducers, those farm families, can take Also, from Houston Methodist in Mr. THOMPSON of Pennsylvania. full advantage of all the tools at their Baytown, I want to thank Gina Cotter, Mr. Speaker, this past Sunday, Sep- disposal. who collaborated across disciplines to tember 27, was National Chocolate If there has been one positive thing educate and upskill nurses to provide Milk Day. that has come out of this pandemic, it respiratory care, while also serving as Chocolate milk is adored by millions is that we have seen more families re- a frontline respiratory therapist. of Americans nationwide and is a fa- turning to the dining room table, Mr. From Houston Methodist in Clear vorite among children. Seventy percent Speaker. Milk consumption has seen an Lake, I want to thank Dr. Omar Acres, of the milk children consume is fla- uptick in the past few months and Dr. Nina Zatikyan, and Dr. Arthur vored, with chocolate being the most more and more Americans are bene- Lim, who all cared for many infected popular flavor. Chocolate milk is low fiting from the essential nutrients that patients. I also want to recognize three in fat, high in nutrients, and packed whole milk provides. registered nurses—Stephanie Dockter, with flavor. Mr. Speaker, I would like to close by Diana Freyberger, and Nicole Herrick— Milk consumption, Mr. Speaker, has thanking the hardworking men and who all volunteered to care exclusively been declining, however, and when the women who have the 24/7, 365-day-a- for COVID–19 patients so their other National School Lunch Program re- year job of running our dairy farms. staff members would not have to. moved the most popular and nutritious Thank you for working tirelessly to en- I want to acknowledge the largest option from schools to only serve fat- sure that we have access to delicious, hospital system in southeast Texas, free milk, the numbers continued to nutritious, and top-quality milk. Memorial Hermann Health System, drop. As a result of these detrimental f which has been on the front lines of the policies, we have lost nearly a genera- RECESS region’s response to the pandemic. Me- tion of milk drinkers, and those milk morial Hermann’s more than 6,000 phy- drinkers have lost access to the best The SPEAKER pro tempore. Pursu- sicians, 8,000 nurses, and hundreds of nutrition. ant to clause 12(a) of rule I, the Chair case managers and social workers have This detrimental policy was partially declares the House in recess until 11 been caring for patients and their fami- reversed when the USDA made a deci- a.m. today. lies in one of the country’s most sig- sion to once again allow 1 percent fla- Accordingly (at 9 o’clock and 31 min- nificant hot spots. They risk their lives vored milk back into school lunches, utes a.m.), the House stood in recess. every day to care for our community and I am grateful to Secretary Sonny f and have worked tirelessly to slow the Perdue for his leadership on the issue. b 1100 spread of this disease. To build on this momentum, I intro- And, finally, I want to mention a duced the Whole Milk for Healthy Kids AFTER RECESS handful of heroes from CHI St. Luke’s. Act last year to once again allow whole The recess having expired, the House Thank you to Dr. Lou Hamer, a milk, both flavored and unflavored, to was called to order by the Speaker at pulmonologist who closed his out- be offered within the program because 11 a.m. patient practice and instead fully dedi- children can greatly benefit from the f cated his services to supporting the essential nutrients whole milk pro- needs of COVID patients. vides. PRAYER Thank you Dr. Monte Orahood for Taking that one step further, I joined The Chaplain, the Reverend Patrick working day and night since the pan- my colleague FRED KELLER to intro- J. Conroy, offered the following prayer:

VerDate Sep 11 2014 13:02 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K30SE7.006 H30SEPT1 SSpencer on DSK126QN23PROD with HOUSE September 30, 2020 CONGRESSIONAL RECORD — HOUSE H5061 God of the universe, Father to us all, Our postal workers and letter car- for 1 minute and to revise and extend we give You thanks for giving us an- riers do great work for the American his remarks.) other day. people. This administration needs to Mr. NEWHOUSE. Mr. Speaker, some During these few days before the get out of the way and allow them to may say that I am biased, but I firmly House breaks for the final weeks of the do their job, their good and honest pub- believe that Washington State is home campaign, send us Your spirit of peace. lic service. to the best farmers in the world. Today Inspire the Members to complete their f I rise to congratulate one of those in- charge to promote the common good of credible farmers, my fellow Washing- our Nation. Comfort those who con- RECOGNIZING NATIONAL SUICIDE tonian, Nicole Berg, for her appoint- tinue to suffer from the coronavirus, AWARENESS MONTH ment to the Federal Crop Insurance and protect those who labor still to (Mr. GIANFORTE asked and was Corporation board of directors. treat the disease and bring an effective given permission to address the House Nicole’s experience as a fourth-gen- vaccine to the world. for 1 minute and to revise and extend eration farmer in central Washington May all that is done this day be for his remarks.) has provided her with a strong, yet per- Your greater honor and glory. Mr. GIANFORTE. Mr. Speaker, I rise sonal, understanding of the needs of Amen. today to mark National Suicide Aware- family-run farms in the United States. For many years, I have seen Nicole’s f ness Month. Unfortunately, Montanans are all too passion for putting food on America’s THE JOURNAL familiar with the epidemic of suicide. table. Her work with the National As- The SPEAKER. Pursuant to section As we have faced this ongoing public sociation of Wheat Growers has been of 4(a) of House Resolution 967, the Jour- health and economic crisis, the demand immense benefit to the region and to nal of the last day’s proceedings is ap- for mental health services has grown. the world. And there is no doubt in my proved. In Gallatin County, my home, crisis mind that she will be a great asset to the Federal Crop Insurance Corpora- f response therapists have experienced a higher volume of calls. Each month tion. PLEDGE OF ALLEGIANCE they receive more calls than the last I wish Nicole the very best as she en- The SPEAKER. Will the gentleman from people needing help. Centers ters this new chapter. Her appointment from Virginia (Mr. CLINE) come for- throughout Montana are seeing similar to the FCIC board of directors is well ward and lead the House in the Pledge increases. deserved, and I congratulate her on of Allegiance. To confront the greater demand for this fantastic achievement. Mr. CLINE led the Pledge of Alle- services and to help people in crisis, we f giance as follows: must ensure access to necessary re- HONORING AMERICANS WHO LOST I pledge allegiance to the Flag of the sources are available. One crucial re- THEIR LIVES TO COVID–19 United States of America, and to the Repub- source is the national suicide hotline. (Ms. MCCOLLUM asked and was lic for which it stands, one nation under God, I am grateful to my colleagues, Re- given permission to address the House indivisible, with liberty and justice for all. publicans and Democrats, for working for 1 minute and to revise and extend f with me to designate 988 as the hot- her remarks.) ANNOUNCEMENT BY THE SPEAKER line’s number. I am proud of that bi- Ms. MCCOLLUM. Mr. Speaker, I rise partisan accomplishment. The SPEAKER. The Chair will enter- to honor the over 200,000 Americans Let’s continue to provide these crit- who have lost their lives to COVID–19 tain up to 15 requests for 1-minute ical resources for those who need them speeches on each side of the aisle. and the over 7 million people who have the most and support them through been infected. f their darkest hours. The pandemic has put great stress on U.S. POSTAL SERVICE MUST BE f our communities and wreaked havoc on FIXED HONORING THE LIFE AND MEM- our economy. Millions of Americans (Mr. HIGGINS of New York asked and ORY OF MADELEINE BRENNAN have lost their jobs and, with it, their health insurance. was given permission to address the (Mr. ROSE of New York asked and House for 1 minute.) During the pandemic, common sense was given permission to address the would say we should strengthen our na- Mr. HIGGINS of New York. Madam House for 1 minute.) Speaker, in the era of COVID–19, people tional healthcare system. President Mr. ROSE of New York. Mr. Speaker, Trump and the congressional Repub- are reliant on the United States Postal I rise today to honor the life and mem- Service more than ever, a beloved licans continue their assault on the Af- ory of Ms. Madeleine Brennan, a legend fordable Care Act, urging the courts to American institution built on trust, re- in Dyker Heights and a testament to liability, and durability. strike the law down. the idea that great schools begin with The House has passed 340 bipartisan During the Presidential elections of great leaders. health bills. The Senate refuses to take 1864, 156 years ago, during the end of For 50 years, Madeleine served as the them up. the Civil War, soldiers were mailed bal- principal of Dyker Heights Inter- The President signs executive orders lots, and they voted and returned those mediate School, making her the long- that do nothing. They do not protect ballots via the United States Postal est serving principal in New York City people with preexisting conditions or Service. There was no fraud. history and perhaps the entire country. cover preventative medicine. The ACA Sadly and unbelievably, the United She loved her job so much that even does. States Postal Service is being sabo- when her pension and 401(k) meant The President claims to have a taged from within. The Trump Post- that she could make more money in re- healthcare plan to replace the ACA, master has removed and destroyed 671 tirement, she kept on working. That but he only intends to release it after sorting machines nationally, including passion inspired many of her students the election. 5 of 20 from Buffalo. I inspected the to not only become teachers them- This is no way to govern. It is time Buffalo facility on September 9 and selves, but to return to Dyker Heights to end the political stunts, to work found priority mail delayed for more Intermediate School to work on her across the aisle, and to get serious than a month—or longer. staff. about the health of the American peo- The dedicated postal workers at the Ms. Brennan passed away this past ple. Buffalo facility report that the situa- April, but her legacy lives on in the f tion has worsened in the past few days. thousands of lives she influenced over Mail is sitting on the floor. Five of 20 the years. She will be dearly missed. SUPREME COURT FIGHT IS ABOUT LIFE AND DEATH mail sorters were removed or de- f stroyed. (Mr. WILSON of South Carolina Today I am calling on the Nation’s CONGRATULATING NICOLE BERG asked and was given permission to ad- Postmaster to fix and to restore all (Mr. NEWHOUSE asked and was dress the House for 1 minute and to re- mail sorters to the Buffalo facility. given permission to address the House vise and extend his remarks.)

VerDate Sep 11 2014 13:02 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K30SE7.009 H30SEPT1 SSpencer on DSK126QN23PROD with HOUSE H5062 CONGRESSIONAL RECORD — HOUSE September 30, 2020 Mr. WILSON of South Carolina. Mr. Founded in 2016 by Lois Fritz, New minute and to revise and extend his re- Speaker, on Tuesday, the insightful Freedom Farm is a nonprofit commu- marks.) columnist Star Parker provided an ex- nity that aids veterans suffering from Mr. BILIRAKIS. Mr. Speaker, I rise traordinary analysis, ‘‘Supreme Court post-traumatic stress disorder, sub- today to bring some thunder to the Fight is about Life and Death,’’ in the stance abuse, and traumatic brain in- House Chamber and recognize the now Aiken Standard. jury. two-time Stanley Cup Champion ‘‘CHUCK SCHUMER, Senate minority Through animal therapy, farming, Tampa Bay Lightning. leader, says, ‘Our number one goal and peer-to-peer support, this tremen- Behind the leadership of Captain Ste- must be to communicate the stakes of dous organization strives to empower ven Stamkos and Stanley Cup MVP this Supreme Court fight to the Amer- veterans and help them heal through Victor Hedman, the Bolts have en- ican people’ . . . ‘nothing is off the the realization of their own efforts and shrined themselves as one of the great- table.’ contributions. The farm says its mis- est teams of all time. ‘‘Nothing? Not even violence?’’ sion is to heal heroes through horses. Although COVID prevented fans from ‘‘ . . . Senator SCHUMER is right that At the facility, veterans often de- attending the playoffs, the distant the American people must know what’s velop deep friendships through equine thunder of the greatest fans in hockey at stake. activity and gentling, fostering, phys- and the determination of the Lightning ‘‘Will we have a culture of life and ci- got them to the top of the mountain, vility, or a culture of death, violence, ical, emotional, and spiritual health, Mr. Speaker. and chaos. . . . ’’ which helps with reintegration into ci- ‘‘Fortunately, President Donald vilian life. Mr. Speaker, as we say in Tampa Trump understands what is at stake.’’ They offer their services to veterans Bay, Stanley Needs a Tan. And let me Because of ‘‘the diligence of this entirely free of charge and say they are just say, it is sunny back in Tampa President and the Republican Senate, able to operate through donations and Bay. we will soon see an outstanding con- faith. While one Tampa Bay championship servative woman—one who respects I applaud the entire team at New run comes to an end, another begins. both the sanctity of life and the sanc- Freedom Farm for their passion and Best of luck to the Tampa Bay Rays as tity of our Nation’s institutions—fill commitment to serving those who they begin their quest to secure their this Court vacancy.’’ serve our Nation. I wish them contin- first World Series title. In conclusion, God bless our troops, ued success moving forward and thank Let’s make Tampa Bay Title Town and we will never forget September the them for their incredible work. USA. 11th in the global war on terrorism. f f Godspeed, Amy Barrett and Carol THANK YOU TO OUR MEN AND Davis. CONGRATULATIONS, DALLASTOWN ELEMENTARY AREA SCHOOL WOMEN IN UNIFORM f DISTRICT (Mr. HUIZENGA asked and was given HONORING TOM WICKHAM (Mr. SMUCKER asked and was given permission to address the House for 1 (Mr. PRICE of North Carolina asked permission to address the House for 1 minute and to revise and extend his re- and was given permission to address minute.) marks.) the House for 1 minute.) Mr. SMUCKER. Mr. Speaker, I rise Mr. HUIZENGA. Mr. Speaker, I re- Mr. PRICE of North Carolina. Mr. today to congratulate the faculty, mind Mr. BILIRAKIS, everyone knows Speaker, I rise to recognize a faithful staff, and students of Dallastown Ele- that Detroit is actually hockey town. servant of the people’s House, Parlia- mentary School in the Dallastown Mr. Speaker, every day, members in mentarian Tom Wickham. Area School District on being recog- law enforcement put on their uniform Tom is only the fifth Parliamen- nized as a 2020 National Blue Ribbon not knowing if they are going to come tarian in this institution’s history, and School. home, these mothers, fathers, sisters, he is concluding his 25 years of service brothers, sons, and daughters. in the Parliamentarian’s Office this The National Blue Ribbon Schools Program was founded nearly 40 years In an era of heightened rhetoric, I week. stand here today to say thank you to One of the distinguishing features of ago to recognize outstanding public and private schools that are making a our women and men in uniform. Tom’s service has been his work with Recently, we have seen a rise in at- the House Democracy Partnership and difference and exemplify excellence. Dallastown Elementary was recognized tacks against police officers across the his willingness to extend himself intercountry and even in west Michigan. nationally, to share his experiences as an Exemplary High Performing School. This month, officers in Muskegon and insight with those organizing and Heights responded to a domestic dis- administering parliaments in emerg- I thank Dallastown Area Super- intendent Dr. Joshua Doll, the school turbance where two people were shot, ing, often struggling democracies. one of them murdered. Just last fall, Members would have board, and the leadership and teachers at Dallastown Elementary for working A police chase ensued when a deputy been heartened to see the reception encountered the suspect driving the that Tom, along with Clerk Cheryl so hard for this achievement. In their application, school principal Charles wrong way. When the deputy tried to Johnson and Shuwanza Goff, received apprehend the suspect while driving, he from their counterparts in Kenya, Li- Patterson noted that one of the distin- was fired upon. beria, Ethiopia, and The Gambia. guishing characteristics he sees about Multiple departments working to- We have all benefited from Tom’s Dallastown Elementary is that they gether were able to use a police cruiser dedicated service and the skill, integ- have built a school family. The quality to disable the suspect’s vehicle. rity, and fairness he has brought to the education these students receive pre- Unbeknownst to the officers, there Parliamentarian’s role. pares them for success throughout the was also a developmentally disabled We wish him and his family Godspeed rest of their lives. woman in the backseat who was res- as they begin the next chapter of their Congratulations, again, to cued and brought to safety. lives. Dallastown Elementary School for This incredible story follows a week- being named a 2020 National Blue Rib- f end where 11 shootings took place in bon School. RECOGNIZING NEW FREEDOM Grand Rapids. FARM f Despite all this, some of my col- (Mr. CLINE asked and was given per- b 1115 leagues still think that defunding the mission to address the House for 1 police is a good idea. I am here to tell THE TAMPA BAY LIGHTNING ARE minute and to revise and extend his re- you it is not. This will only hurt com- marks.) TWO-TIME STANLEY CUP CHAM- munity policing initiatives for the very Mr. CLINE. Mr. Speaker, I rise today PIONS communities that need it the most. to recognize New Freedom Farm in (Mr. BILIRAKIS asked and was given So, Mr. Speaker, I say thank you to Buchanan, Virginia. permission to address the House for 1 the incredible men and women who

VerDate Sep 11 2014 13:02 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K30SE7.011 H30SEPT1 SSpencer on DSK126QN23PROD with HOUSE September 30, 2020 CONGRESSIONAL RECORD — HOUSE H5063 serve in west Michigan. We stand with SECTION 1. SHORT TITLE. pursuant to this subsection available to the pub- you and appreciate your profes- This Act may be cited as the ‘‘Uyghur Forced lic on the website of the Commission. sionalism, your courage, and your dedi- Labor Disclosure Act of 2020’’. ‘‘(3) REPORTS.— cation to our community. SEC. 2. FINDINGS. ‘‘(A) ANNUAL REPORT TO CONGRESS.—The Congress finds the following: Commission shall— f (1) Since early 2017, the Government of the ‘‘(i) conduct an annual assessment of the com- HONORING ROYCE CARTER People’s Republic of China has conducted a pol- pliance of issuers with the requirements of this icy of disappearance, mass internment, and im- subsection; and (Mr. CARTER of Georgia asked and prisonment of Turkic Muslims, particularly ‘‘(ii) issue a report to Congress containing the was given permission to address the Uyghurs, in China’s Xinjiang Uyghur Autono- results of the assessment required under clause House for 1 minute and to revise and mous Region (XUAR). (i). extend his remarks.) (2) Since 2014, Chinese authorities have de- ‘‘(B) GAO REPORT.—The Comptroller General Mr. CARTER of Georgia. Mr. Speak- tained between 800,000 and possibly up to three of the United States shall periodically evaluate er, I rise today to remember and honor million Uyghurs, ethnic Kazakhs, Kyrgyz, and and report to Congress on the effectiveness of a great American. other ethnic minorities in forced education, the oversight by the Commission of the disclo- Mr. Royce Everett Carter of training, and labor camps. sure requirements under this subsection. ‘‘(4) DEFINITIONS.—In this subsection: Blackshear, Georgia, passed away on (3) The bi-partisan, bi-cameral Congressional- Executive Commission on China’s 2019 Annual ‘‘(A) FORCED LABOR CAMP.—The term ‘forced September 12 at the age of 85. labor camp’ means— Royce was born and raised in Geor- Report found numerous reports of forced labor associated with government repression of ethnic ‘‘(i) any entity engaged in the ‘mutual pairing gia, and he lived in Pierce County for minority groups in the XUAR. Detainees per- assistance’ program which subsidizes the estab- the past 52 years. formed forced labor in factories both within and lishment of manufacturing facilities in XUAR; Committed to improving transpor- outside of internment camps in XUAR. ‘‘(ii) any entity using convict labor, forced tation and infrastructure in the State (4) Radio Free Asia reported in January 2019 labor, or indentured labor described under sec- of Georgia, he had worked for the Geor- that authorities had also sent Uyghurs and tion 307 of the Tariff Act of 1930 (19 U.S.C. gia Department of Transportation as a Kazakhs from the XUAR to other provinces in 1307); and project engineer for the State Highway China for forced labor. ‘‘(iii) any other entity that the Commission (5) Comments in March 2018 from the presi- determines is appropriate. Department until his retirement. ‘‘(B) XUAR.—The term ‘XUAR’ means the Royce worked on several projects dent of the China National Textile and Apparel Council suggested that textile manufacturers Xinjiang Uyghur Autonomous Region.’’. with T.R. Long Engineering over the were working with XUAR authorities to exploit The SPEAKER pro tempore. The bill, years, including the Royce E. Carter forced labor. as amended, shall be debatable for 1 roundabout on New School Road, which (6) Companies that work in the XUAR are at hour, equally divided and controlled by was dedicated to the work he did great risk of complicity in the human rights the chair and ranking minority mem- throughout his life to improve his com- abuses being committed in the region. munity. (7) In a March 2020 report, the Australian ber of the Committee on Financial He was a steadfast public servant Strategic Policy Institute identified 27 factories Services. who was always looking for opportuni- in nine Chinese provinces that are using The gentlewoman from California ties to improve the lives around him. Uyghur labor transferred from Xinjiang. These (Ms. WATERS) and the gentleman from In his limited free time, he enjoyed factories indirectly supply global brands, in- Michigan (Mr. HUIZENGA) each will concluding many American multinational compa- golf, and took his appreciation for it to trol 30 minutes. nies. The Chair recognizes the gentle- new heights when he served on the (8) Forced labor in XUAR is Chinese govern- board of the Lakeview Golf Club and ment policy and due diligence efforts to ensure woman from California. eventually became president. clean supply chains is nearly impossible due to GENERAL LEAVE Royce loved his friends, his family, mass surveillance, pervasive police presence, Ms. WATERS. Mr. Speaker, I ask his community, and his church dearly, and intimidation of workers. unanimous consent that all Members and he used every opportunity to make SEC. 3. DISCLOSURE OF CERTAIN ACTIVITIES RE- may have 5 legislative days within the most of the time he spent on this LATING TO THE XINJIANG UYGHUR which to revise and extend their re- Earth. AUTONOMOUS REGION. Section 13 of the Securities Exchange Act of marks on H.R. 6270 and to insert extra- Mr. Speaker, I am thankful for the 1934 (15 U.S.C. 78m) is amended by adding at neous material thereon. life he lived, and I know his legacy will the end the following: The SPEAKER pro tempore. Is there continue for years to come. ‘‘(s) DISCLOSURE OF CERTAIN ACTIVITIES RE- objection to the request of the gentle- I know that every time I drive the LATING TO THE XINJIANG UYGHUR AUTONOMOUS woman from California? Royce E. Carter roundabout, I will re- REGION.— There was no objection. member the impact he made on Geor- ‘‘(1) IN GENERAL.—Not later than the end of Ms. WATERS. Mr. Speaker, I yield gia’s First Congressional District. the 180-day period beginning on the date of en- myself such time as I may consume. actment of this subsection, the Commission shall f issue rules to require each issuer required to file Mr. Speaker, I rise in strong support UYGHUR FORCED LABOR an annual report under this section or section of H.R. 6270, the Uyghur Forced Labor DISCLOSURE ACT OF 2020 15(d) or a proxy statement under section 14 to Disclosure Act of 2020, important legis- disclose in each such report or proxy statement lation introduced by Representative Ms. WATERS. Mr. Speaker, pursuant whether, during the period covered by the report WEXTON, a valued member of the Com- to House Resolution 1129, I call up the or proxy statement— mittee on Financial Services. bill (H.R. 6270) to amend the Securities ‘‘(A) the issuer or any affiliate of the issuer, The Uyghurs are a Turkic-speaking Exchange Act of 1934 to require issuers directly or indirectly, engaged with an entity or Muslim group and are one of a number to make certain disclosures relating to the affiliate of an entity to import— of Muslim groups in Xinjiang that are the Xinjiang Uyghur Autonomous Re- ‘‘(i) manufactured goods, including elec- persecuted, arbitrarily arrested, de- gion, and for other purposes, and ask tronics, food products, textiles, shoes, and teas, tained in forced labor concentration for its immediate consideration in the that originated in the XUAR; or ‘‘(ii) manufactured goods containing materials camps, and even executed. It has been House. that originated or are sourced in the XUAR; reported by human rights advocates The Clerk read the title of the bill. ‘‘(B) with respect to any goods or materials The SPEAKER pro tempore (Mr. that over 1 million people are being described under subparagraph (A), whether the held by the Chinese Government in de- CUELLAR). Pursuant to House Resolu- goods or material originated in forced labor tion 1129, an amendment in the nature camps; and tention camps across the Xinjiang of a substitute consisting of the text of ‘‘(C) with respect to each manufactured good Uyghur Autonomous Region. Rules Committee Print 116–64 is adopt- or material described under subparagraph (A)— The Government of the People’s Re- ed and the bill, as amended, is consid- ‘‘(i) the nature and extent of the commercial public of China falsely refers to these ered read. activity related to such good or material; concentration camps as vocational The text of the bill, as amended, is as ‘‘(ii) the gross revenue and net profits, if any, camps or reeducation camps. attributable to the good or material; and Make no mistake: The truth is that follows: ‘‘(iii) whether the issuer or the affiliate of the H.R. 6270 issuer intends to continue with such importa- today, in 2020, 1 million human beings Be it enacted by the Senate and House of Rep- tion. are being held in concentration camps resentatives of the United States of America in ‘‘(2) AVAILABILITY OF INFORMATION.—The where they are beaten, starved, and Congress assembled, Commission shall make all information disclosed forced to work long hours in conditions

VerDate Sep 11 2014 13:02 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K30SE7.013 H30SEPT1 SSpencer on DSK126QN23PROD with HOUSE H5064 CONGRESSIONAL RECORD — HOUSE September 30, 2020 that can only be described as inhu- To be clear, this bill would require crats who feel the need to ‘‘get tough mane. Their relatives often have no the SEC to issue rules regarding Amer- on China all of a sudden’’ a win—sad, in idea where they are or whether they ican companies, and only American my opinion. are alive. They are dying each day due companies, to disclose whether they or I urge my colleagues to oppose H.R. to the cruelty of their living conditions any of their affiliates directly or indi- 6270, as it will limit opportunities for and the brutality of the Chinese Gov- rectly engaged with an entity or an af- everyday investors, reduce the number ernment, which executes them with filiate of an entity to import not only of public companies, increase compli- impunity. goods from the XUAR, but also goods ance costs on businesses, and may Within these concentration camps, containing materials originating or harm, actually, the Uyghurs them- the Uyghurs are used as slave labor to sourced from the XUAR. selves who this bill is intending to pro- make goods and products for Now, we all have been talking about tect. unsuspecting American consumers. Disney a lot and a lot of other places Let’s go after China. Let’s not go Each day, millions of us unknowingly that have had content from, seemingly, after the Uyghurs. buy, use, and transport products made this area. Mr. Speaker, I reserve the balance of by the hands of people who are held in So now let’s look at what this would my time. these government-run detention cen- mean for a manufacturer. Let’s look at Ms. WATERS. Mr. Speaker, I yield what this would mean in so many var- such time as she may consume to the ters while their families wait for some ious areas of our economy. gentlewoman from Virginia (Ms. proof of life that may never come. This means that companies would be EXTON), a distinguished member of Mr. Speaker, I urge all Members to W required to know if its affiliates, its the Financial Services Committee and vote for H.R. 6270. suppliers, anyone they may have a re- Mr. Speaker, I reserve the balance of the sponsor of this legislation. lationship with, are ‘‘indirectly en- Ms. WEXTON. Mr. Speaker, I thank my time. gaged with affiliates of certain compa- Chairwoman WATERS for working with Mr. HUIZENGA. Mr. Speaker, I yield nies.’’ me on this important legislation and myself such time as I may consume, So you may not be doing something for her unwavering commitment to de- and I rise today in opposition to H.R. directly, but an affiliate or a partner of fending human rights and demanding 6270. yours may be doing something with an accountability, two things that H.R. Republicans are unwavering in our affiliate or a partner of somebody else 6270 would do. support to hold China accountable for that may be dealing and doing some I also wish to thank Representatives the human rights violations that are business in that area. JIM MCGOVERN and CHRIS SMITH for occurring in the Xinjiang Uyghur Au- This is a poorly constructed disclo- their leadership and commend them on tonomous Region, or the XUAR. sure regime where a public company their hard work on the Uyghur Forced We agree with each other on the facts would be required to disclose impos- Labor Prevention Act, which passed on the ground, from the oppression sible-to-discern information, and it the House overwhelmingly last week. that the Uyghurs are feeling, to the would be liable for securities fraud, a Both of them have worked tirelessly to forced labor camps. very powerful word, if it is impossible shine a light on the atrocities taking In fact, Mr. Speaker, I would remind to discern information that is not dis- place in Xinjiang. my colleagues that we passed H.R. 6210 closed correctly. Speaker PELOSI pointed out that it last week, literally last week, on a bi- So think about that. They may not was Congressman SMITH and Congress- partisan basis to address these human know they are breaking the law, this man Frank Wolf who, years ago, vis- rights violations. law, but they would be held account- ited a forced labor camp and reported Moreover, to date, the Trump admin- able for that. back to the U.S. Congress and to the istration has taken significant action Further, the bill does not contain a world about what was happening there. to punish human rights violators in the sunset clause, and the disclosure re- Frank Wolf held my seat in Vir- region, including recent sanctions and quirement would apply indefinitely ginia’s 10th Congressional District for additions to the Commerce Depart- even if behavior in the region has 34 years, so I am proud to continue his ment’s Entity List. changed. important work defending religious On the other hand, this window- This bill’s framework has proven dis- freedom and human rights. For that dressing bill, put forth by the Demo- astrous. reason, I rise in strong support of H.R. crats less than a month before the elec- Section 1502 of the Dodd-Frank Act 6270, the Uyghur Forced Labor Disclo- tion and a week after we actually mandated disclosures relating to the sure Act. passed legislation, will not hold any use of conflict minerals that originated This legislation is a critical and long- bad actors accountable. in the DRC, or the Democratic Repub- overdue human rights disclosure bill Adding additional mandatory disclo- lic of Congo, or an adjoining country. that will inform investors and the mar- sures for public companies is not the There is an entire Great Lakes region, kets of publicly traded companies’ pas- appropriate way to curtail human they call it, in Africa. sive complicity or active exploitation rights atrocities. The implementation of section 1502 of one of the most pressing and ongoing Sanctioning is the most effective way cost billions of dollars—Democrat esti- human rights violations of our life- to hold these human rights abusers ac- mates put it at over $7 billion—and the time. countable. provisions led to devastating job losses, For years, the Government of the The framework of this bill is deeply not here in America, but in Africa. People’s Republic of China has been en- flawed. First, the Securities and Ex- Mr. Speaker, this bill did not go gaged in the mass internment of reli- change Commission, the SEC, has no through regular order either, I might gious minorities in the Xinjiang foreign policy expertise. The SEC’s add. Uyghur Autonomous Region. Because Committee Republicans have not had three-part mission is to: one, protect of the well-documented and massive the opportunity to make substantive investors; two, maintain fair, orderly, scale of abuses committed in the re- changes or suggestions, let alone exam- and efficient markets; and third, facili- gion, Xinjiang has become globally no- ine the bill’s likely harmful con- tate capital formation here in the torious for human rights violations, in- sequences. United States. So, again, just last week, the House cluding the extensive use of forced The Treasury and State Department passed H.R. 6210, the Uyghur Forced labor. handle the sanctions regime. Labor Prevention Act, to hold China Chinese authorities have used the We should instead be working with accountable. That is where the respon- pretext of terrorism to suspend civil both the State Department and Treas- sibility lies, with China, not U.S. com- and political rights, including the in- ury to hold these bad actors account- panies or the Securities and Exchange ternment of more than 1 million able, not the Securities and Exchange Commission. Uyghurs and other ethnic minorities in Commission. reeducation centers across Xinjiang, I would point out, Mr. Speaker, that b 1130 where they are subjected to harsh we are working with the State Depart- Today, we are only trying to give a abuse and forbidden from practicing ment and Treasury. vulnerable Member and other Demo- their religious or cultural beliefs.

VerDate Sep 11 2014 13:02 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K30SE7.015 H30SEPT1 SSpencer on DSK126QN23PROD with HOUSE September 30, 2020 CONGRESSIONAL RECORD — HOUSE H5065 These reeducation centers also func- being invested in companies whose sup- group, the SEC, an enforcer to accom- tion as forced labor camps where var- ply chains benefit from forced labor. It plish a policy objective completely un- ious goods, especially those made from is critical that publicly traded compa- related to their mission and expertise. cotton, the region’s top export, are nies disclose this so that investors This responsibility is better housed manufactured with forced Uyghur have the information that they need to in the Treasury Department, where we labor and sent to producers and con- make the best investment decisions do have the expertise and the tools to sumers around the world. possible and to ensure that no parts of effectively punish those who support Chinese manufacturers are provided our market or economy utilize forced the grotesque human rights violations development assistance to build fac- labor or are complicit in further viola- that the CCP inflicts on the Uyghurs. tories in or near the camps to take ad- tions of human rights. One final point. I would like to re- vantage of detainee labor. Through The gentleman from Michigan be- mind everyone that this bill never government-sponsored endeavors like lieves that sanctions would be a better went through a markup and received the mutual pairing assistance program, option. Sanctions need to be part of the zero hearings on the Financial Services former detainees are transferred from solution, and I, along with others, Committee, primarily because, as we Xinjiang to other parts of China for pushed the Trump administration to all know, these virtual hearings are factory labor, where they are separated sanction the Chinese Government offi- awful, to put it kindly. The virtual from their families, live in segregated cials and entities. When they finally hearings do not work, and they serve as dormitories, and are assigned minders did, I finally supported that. I firmly a tremendous disservice to our con- who monitor their every move. agree with what they did. stituents. It is important to point out that a lot But sanctions alone aren’t effective. Since the pandemic struck, we have of these workers were accomplished We need a multipronged approach that not held a single markup as a com- people in Uyghur society. We are talk- deals with the supply side and the de- mittee. What is the purpose of our ing about professors, doctors, and jour- mand side. committee if we can’t even figure out nalists, educated, successful people It was mentioned that it is not pos- how to mark up a bill? There is so much work to be done who had their livelihoods taken from sible to exercise the kind of due dili- here, and we aren’t seriously taking up them. Their only crime was being gence necessary. What price a human any of it. We can and must find a way Uyghur. life? There are lots of opportunities for to safely and effectively hold real hear- Shockingly, reports show that many publicly traded companies to pressure ings and real markups in a socially of these factories supply manufactured their suppliers not to take advantage distanced way so that we can do the materials for some of the largest com- of this forced labor, and it could cause job that the American people sent us panies in the world, and some of these reputational and financial risks and here to do. products are finding their way to U.S. burdens to the company if they are I urge my colleagues to oppose this consumers. found out that they are profiting from legislation. The U.S. has banned imports made this forced labor. Ms. WATERS. Mr. Speaker, I yield 5 with forced labor since 1930, and U.S. My bill, along with Chairman minutes to the gentleman from Texas companies are required to exercise due MCGOVERN’s, H.R. 6270, which passed (Mr. GREEN). diligence in order to better understand overwhelmingly last week, sends a Mr. GREEN of Texas. Mr. Speaker, I their supply chains and potential links strong message that the United States thank the gentlewoman, Ms. WEXTON, to forced labor. But traditional human economy and the financial system will for bringing this legislation before the rights due diligence efforts are falling not tolerate human rights abuse. I urge House. short in Xinjiang, where forced labor is my colleagues to support the Uyghur To be very candid with you, upon re- widespread and systemic in the re- Forced Labor Disclosure Act. viewing the materials that have been gional economy. Mr. HUIZENGA. Mr. Speaker, I yield submitted to me, I was absolutely Xinjiang is also tightly controlled. 2 minutes to the distinguished gen- amazed that this kind of activity is Travel to the region is restricted, mak- tleman from Ohio (Mr. GONZALEZ). taking place. ing efforts to audit supply chains near- Mr. GONZALEZ of Ohio. Mr. Speak- Forced labor. Is that what they are ly impossible. Auditors have reportedly er, I rise in opposition to H.R. 6270 be- calling it now when you force people to been detained, threatened, and stopped fore us here today. work, when you separate families, at airports. Workers are intimidated China is the greatest existential when you have persons denounce their not to talk. threat that our country has faced in religion, when you put them in reedu- Just last week, five supply chain au- my lifetime. From their efforts to dis- cation centers? Is that what this is all diting organizations pulled out of place the U.S. as an international lead- about, forced labor? Xinjiang, citing restricted access and er, to hurting our job creators and I have a history that requires me to increased difficulty in meeting audit- workers, to China’s human rights speak up and speak out on these issues. ing standards. abuses, the U.S. needs to work in a bi- Forced labor is how I got to this coun- Despite all of this, international partisan and strategic way with our al- try. If you understand my history, you companies continue to source from lies to fight back against the CCP. have to understand why I am abso- Xinjiang or allow products from labor That is why I was honored to serve lutely, totally, and completely opposed from the region to come into their sup- on the House China Task Force that to what is happening to the Uyghurs. ply chains. just today released our comprehensive This is unconscionable, and it is unac- My legislation, the Uyghur Forced report. From this report, we have rec- ceptable. Labor Disclosure Act, would require ommended hundreds of policy proposals I am proud to be a person who will the SEC to issue rules requiring pub- and ideas, over 60 percent of which are strongly recommend to my colleagues licly traded companies to annually dis- bipartisan, on the most effective ways that we not allow this to continue. It is close imports of manufactured goods to counter the Chinese Communist one thing to have the forced labor, and and materials that originate in or are Party. then to compound it by having Amer- sourced from Xinjiang. Unfortunately, this piece of legisla- ican companies benefit from the forced Because of the strong likelihood that tion before us today misses the mark, labor, that is sinful. It is criminal in products from Xinjiang were created though I do appreciate my colleagues’ international courts, but it is also just using forced labor from concentration intent. sinful that American companies would camp prisoners, companies that import Once again, my colleagues on the participate in this kind of activity. products and materials from the region other side of the aisle are attempting I think this notion that they should face greater legal reputational and fi- to use the SEC, which has no foreign be audited, their supply chains should nancial risks that may impact their policy expertise and whose mission is be audited, is more than reasonable. short- and long-term value. to, one, protect investors; two, main- Why would we not want to know Just as important, shareholders and tain fair, orderly, and efficient mar- whether American companies are par- consumers have the right to know kets; and, three, facilitate capital for- ticipating in this kind of behavior? We whether their hard-earned dollars are mation. This bill seeks to make that need to know.

VerDate Sep 11 2014 13:02 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K30SE7.017 H30SEPT1 SSpencer on DSK126QN23PROD with HOUSE H5066 CONGRESSIONAL RECORD — HOUSE September 30, 2020 How do we find out? Audit the supply chains, and that is what this legisla- flict mineral law and to weaken and chain. It just makes sense that we tion would require. eliminate the conflict mineral rule, I would do this. Another issue that was brought up by am proud to say that support for sec- I don’t understand how we can oppose the gentleman from Michigan is that tion 1502 has been sustained by a sense trying to find out if this kind of activ- this is like a supply chain disclosure of moral responsibility and by the fact ity is being engaged in by American requirement under Dodd-Frank. Rule that evidence is showing that the rule companies. 1502 had required publicly traded com- is having positive effects. Indeed, the Finally, this: I don’t understand how panies to disclose whether their prod- conflict mineral rule continues to spur we consistently find people opposed to ucts contained certain minerals that these intense efforts to operationalize making inquiries about the suffering of have been known to finance violent and expand regional, national, and in- other people. At some point, the people conflicts in sub-Saharan Africa, but dustry due diligence systems. who are suffering have to be given that comparison misses the point. The some opportunity to have their suf- implication is that businesses will find The U.N. Group of Experts on the fering addressed. And it doesn’t matter these disclosure requirements so bur- DRC has reported that section 1502 where they are in the world. Suffering densome that they will have to divest ‘‘has had a massive and welcome im- has to be addressed. We cannot allow it from the region and local jobs will be pact so far, requiring chain partici- to happen there because, if we do, it lost. pants all over the world to take due can happen here. The business environment is not the diligence and conflict financing seri- I am absolutely supportive of H.R. same in the DRC as it is in Xinjiang, ously. This should not and must not be 6270, and I strongly encourage my col- where free enterprise does not exist thrown away or weakened.’’ leagues to help us end the suffering of and people are being put into con- Likewise, H.R. 6270 is a critical com- the Uyghur people. centration camps and work camps ponent of the effort by the House to I just spoke to a constituent who is against their will. We should be push- marshal the might of the United States of Chinese ancestry who said to me ing companies to reassess their supply economy and American conscience to that she believes all of this to be true. chains in Xinjiang and find alter- I just don’t understand how we can natives, preferably here in America, make clear the reprehensible nature of oppose this piece of legislation, and I where they are not exploiting forced China’s actions on a minority in its strongly urge my colleagues to support labor. Unlike legitimate mining jobs in country. it. the DRC, we want these forced labor This bill complements another bill Mr. HUIZENGA. Mr. Speaker, may I jobs to go away. that passed the House last week, H.R. inquire as to the time remaining. Mr. HUIZENGA. Mr. Speaker, I con- 6210, the Uyghur Forced Labor Preven- The SPEAKER pro tempore. The gen- tinue to reserve the balance of my tion Act. That bill provides mecha- tleman from Michigan has 23 minutes time. nisms that will require the United remaining. The gentlewoman from Ms. WATERS. Mr. Speaker, I yield States to establish a diplomatic strat- California has 18 minutes remaining. myself such time as I may consume. egy and issue reports that will assist Mr. HUIZENGA. Mr. Speaker, I re- Mr. Speaker, a report published ear- all interested parties in implementing serve the balance of my time. lier this year by the Australian Stra- Ms. WATERS. Mr. Speaker, I yield 5 H.R. 6270 and provides complementary tegic Policy Institute noted that Nike, disclosures for public companies. So, if minutes to the gentlewoman from Vir- Adidas, and Apple all had supply chains ginia (Ms. WEXTON). you supported H.R. 6210, Mr. Speaker, that included Uyghur workers laboring then you should also vote for H.R. 6270. b 1145 under forced conditions. It is critical The bill before us also enjoys the sup- Mr. HUIZENGA. Parliamentary in- that investors in these companies be port of a wide array of civic-minded or- quiry, Mr. Speaker. given the information they need to Is it appropriate— consider the legal, reputational, and fi- ganizations, including the AFL–CIO, The SPEAKER pro tempore. The gen- nancial risks associated with investing Public Citizen, the Uyghur American tleman will suspend. The gentlewoman in these and other publicly traded U.S. Association, Human Rights First, and from Virginia may yield for a par- companies with forced labor in their the Uyghur Human Rights Association. liamentary inquiry. supply chain. And it is equally critical We must all stand up against the un- The gentlewoman is recognized. that, when required to disclose this in- just and inhumane treatment of the Mr. HUIZENGA. Will the gentle- formation, these companies confront Uyghurs and push China to end this woman yield for a parliamentary in- the reality of their choices and make brutality once and for all. I believe quiry? decisions that don’t contribute to suf- that resolve will not weaken just be- Ms. WEXTON. The gentlewoman will fering, racism, and death. cause China happens to be the second not yield, no. Representative WEXTON’s bill, H.R. largest economy in the world. Just as Mr. Speaker, the gentleman from 6270, is a necessary step in ending this each Member of this Chamber knows Michigan raises a couple of points in injustice. Her bill would require the his argument saying that H.R. 6270 is SEC to issue rules requiring publicly that this is wrong, so do our U.S. com- redundant because of the McGovern traded companies to annually disclose panies, investors, and the American bill. None of the disclosures that are imports of manufactured goods and public. required by this bill are required under materials that originate or are sourced So I would like to just relate to some H.R. 6210, the Uyghur Forced Labor in the Xinjiang Uyghur Autonomous of what Mr. GREEN has said as he tried Prevention Act. There is no overlap. In Region. It would also require the SEC to make our friends on the opposite fact, we worked very hard to make sure and the GAO to provide information to side of the aisle understand why we are that the two bills were complementary. Congress regarding these disclosures, so invested in this legislation. H.R. 6210 imposes a disclosure obliga- as well as oversight. We are descendants of slaves—let me tion for certain activities the issuer is So I would like to just speak briefly say that one more time; we are de- knowingly engaged in, which is appro- to the misleading letter from the scendants of slaves—and when we learn priate in certain circumstances. Im- Chamber of Commerce opposing H.R. port-related activities are covered 6270 on the grounds that a similar sup- about slavery anywhere in the world, under H.R. 6270. The issuer would have ply chain due diligence effort—that is, we are opposed to it. There is no jus- an affirmative obligation to know their section 1502 of the Dodd-Frank Act, the tification for it. It does not matter suppliers, so they would have to engage Congo conflict mineral law—failed and whether it is the principals or their as- in due diligence to determine whether caused the situation to worsen. I am sociates who are involved with prod- they were engaging in supporting these encouraged by their letter because, ucts and services, et cetera, as a result forced labor practices. when your opponents have to use dis- of slave labor. We are opposed to it, Companies that continue to import honest arguments to their make their and we would ask our Members on the from the region despite the over- case, Mr. Speaker, it means they have opposite side of the aisle to have a sen- whelming evidence of forced labor no legitimate ones to make. sitivity to that when they oppose slav- practices should, at the very least, be So, despite every effort on the other ery no matter where it is and who is required to actively audit their supply side of the aisle to take down the con- causing it.

VerDate Sep 11 2014 14:12 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K30SE7.019 H30SEPT1 SSpencer on DSK126QN23PROD with HOUSE September 30, 2020 CONGRESSIONAL RECORD — HOUSE H5067 Mr. Speaker, I reserve the balance of the Japanese in internment camps in and make the SEC responsible for for- my time. Indonesia or in the Netherlands under eign policy. In fact, targeting our secu- Mr. HUIZENGA. Mr. Speaker, I yield the Nazis or whether it was our broth- rities law is the Democrats’ solution myself such time as I consume. ers and sisters who came here involun- for virtually everything—climate Let me just address the point that tarily as slaves, we have to recognize change, outsourcing, conflict minerals, was just brought up, Mr. Speaker. the evil and the sinfulness behind this, not enough mustard at the ballpark. It There is a sensitivity to that. There as my friend and colleague from Texas is not the job of the SEC to make sure has been an injustice in our history, had talked about its being sinful. I that these things are happening. It is there is no doubt, and we need to ad- wholeheartedly agree. our job and Treasury’s job and the dress that now. Obviously, it was ad- The question is: How are we going to State Department’s job to make sure dressed at the time, but it has been on- remediate that and address it? Unfor- that those sanctions are in place. going. tunately, the Securities and Exchange This bill does not target the problem. But whether it was the slave traf- Commission is not the right vehicle for Instead, it simply puts, not just incon- ficking that the chairlady was talking that. venient duties on the plates of these about or whether it was family mem- Mr. Speaker, I continue to reserve publicly traded companies, no, it ac- bers of my wife who were enslaved by the balance of my time. cuses them of fraud—fraud—over some- Nazis in work camps or whether they Ms. WATERS. Mr. Speaker, I would thing that is impossible for them to de- are modern-day slave labor camps like like to inquire through the Chair if my termine. On top of it, it requires en- this with the Uyghurs, this must be colleague has any remaining speakers forcement from an agency that simply stamped out. This must be stamped on his side. I have no further speakers, cannot do it. out. We are in robust agreement about and I am prepared to close. Sanctioning bad actors is the appro- the problem and about the issue. Mr. Speaker, I reserve the balance of priate and most effective way to punish The question here is enforcement and my time. human rights abusers, as sanctions responsibility. So, Mr. Speaker, I am Mr. HUIZENGA. Mr. Speaker, we are hurt the Chinese Communist Party going to read a quote from the head of hoping to get one more person here without hurting the Uyghurs or the the Securities and Exchange Commis- who is on their way, so I continue to American capital markets or other in- sion. We heard about moral obligation reserve the balance of my time. vestors and employees around the and those kinds of things. This is what Ms. WATERS. Mr. Speaker, I yield world. And ironically, sanctions cover the head of the Securities and Ex- myself such time as I may consume to everyone. If you are a privately held change Commission said: ‘‘As we all help buy some time until the opposite company that is using materials from a know, the SEC has little or no experi- side gets its speaker. source that is under sanctions, guess ence in crafting trade sanctions or ar- Mr. Speaker, I reserve the balance of what? You just broke the law. You ticulating and enforcing human rights my time. can’t do that. policy, two areas which have not tradi- Mr. HUIZENGA. Mr. Speaker, I yield Now under this, if we are only using tionally been within the purview of se- myself such time as I may consume. the SEC, guess who the SEC applies to? curities regulation.’’ Mr. Speaker, we have had a good, ro- Publicly traded companies only. So This is from Mary Jo White, Barack bust conversation, and we have agreed those private companies could still go Obama’s head of the Securities and Ex- violently here on the problem and on along their merry way doing business change Commission. the issue that we need to address. with those folks. Yet, these publicly So this is not a partisan issue. This is Again, we have no disagreement about traded companies have this massive not a question of whether you support the atrocities against the Uyghurs. We burden put on them, enforced by an Uyghur slavery or not. I am offended if have no disagreement about what is agency that says it cannot enforce our colleagues are trying to portray it happening on the ground and the des- them. I would like to see everyone cov- as that. I don’t think they are, but that picableness of the CCP, the Chinese ered, not just these publicly traded may be kind of how they are tinting it. Government. companies. And I might refer everybody to the fact Mr. Speaker, I really hope that it is Mr. Speaker, both the House and the that, last week, we passed a bipartisan not simply that the Democrats are administration have taken meaningful bill addressing this very issue. wanting to appear ‘‘tough on China’’ by action to combat human rights viola- But this is about enforcement. This pushing through an empty window tors in the Xinjiang Uyghur Autono- is about the State Department doing dressing bill that hurts U.S. investors mous Region. This includes recent its job. This is about the Treasury De- and companies but, unfortunately, sim- sanctions imposed by the administra- partment doing its job, and, yes, our ply pays lip service to the Uyghurs tion on a number of China’s 25-member Financial Services Committee, which with a framework that has already ruling Politburo and party secretary of has done its job with sanctions. We are been proven disastrous. the region, as well as additions to the very much a part of that sanction re- And I just read a short while ago the Commerce Department’s Entity List. gime with the Department of the quote from Barack Obama’s head of the Mr. Speaker, that is why I request Treasury. Securities and Exchange Commission, my colleagues oppose H.R. 6270, not be- So, please, Mr. Speaker, do not mis- Mary Jo White, who said that the Se- cause we don’t agree on the goal, not understand, and please don’t mis- curities and Exchange Commission is that we don’t want to make sure that construe opposition to this particular not equipped for this. Using the SEC as the Uyghurs are protected, but because bill. Again, we have no disagreement social police didn’t work with conflict using an agency to enforce the law is about the atrocities. We have no dis- minerals, and it won’t work as we all the wrong direction to go. We are lit- agreement about what is happening on attempt to protect the Uyghurs. erally asking the street department to the ground to the Uyghurs and, frank- go be the police department. And ly, to others. b 1200 whether you are doing the fire depart- By the way, if this was about others, I would remind my Democrat col- ment or the street maintenance, or we would include others, but it is nar- leagues, again, that a year ago, Repub- something else in the city government, rowed down to the Uyghurs. licans put forth strong proposals to you may be good at that but that So I am hoping and I am praying that prohibit taxpayer-backed financing doesn’t mean you are a good police de- this isn’t just a political ploy to look through the Export-Import Bank from partment or a good fire department. So tough on China, finally, but I hope this going to the CCP, the Chinese Com- let’s not ask the SEC to do that job, is really about helping people, because munist Party, the Chinese Govern- the job of the State Department. I know that is why I am here. ment. Our proposals had real teeth in Mr. Speaker, this is only going to be So I want to make sure, whether it is them. hurting those American investors, a young lady in the Philippians who is Sadly, the Democrats on our com- those American companies, everyday in sex slavery or whether it is a Uyghur mittee rejected this proposal with no investors, who are trying to make sure in a labor camp or whether it was my real explanation. So instead, Demo- that they get a reasonable return, yet, wife’s family that was imprisoned by crats want to target our securities laws have a concern to protect the Uyghurs

VerDate Sep 11 2014 13:02 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K30SE7.021 H30SEPT1 SSpencer on DSK126QN23PROD with HOUSE H5068 CONGRESSIONAL RECORD — HOUSE September 30, 2020 that, unfortunately, this bill fails to Well, I will tell you something: His- The SPEAKER pro tempore. Is the do. tory has taught us that for all of those gentleman opposed to the bill? Mr. Speaker, I yield back the balance who turned their backs and said, they Mr. MCHENRY. In its current form, of my time. didn’t understand, they didn’t see, but yes. Ms. WATERS. Mr. Speaker, may I in- they didn’t agree, but they didn’t know The SPEAKER pro tempore. The quire how much time I have remaining. what was going on, that is how these Clerk will report the motion to recom- The SPEAKER pro tempore. The gen- injustices continue, when people turn a mit. tlewoman has 10 minutes remaining blind eye. The Clerk read as follows: Ms. WATERS. Mr. Speaker, I yield I don’t care whether it is the SEC or Mr. McHenry moves to recommit the bill myself such time as I may consume. any other agency of government who H.R. 6270 to the Committee on Financial Mr. Speaker, disclosure may seem to can make the argument that they are Services with instructions to report the be a small thing. It is a powerful thing. not equipped to do what we are asking same back to the House forthwith with the It will force publicly traded companies them to do. Then go and get your act following amendment: to audit their supply chains and ensure together and get equipped because the Page 3, after line 2, insert the following: (9) The bi-partisan, bi-cameral Congres- investors are better informed regarding Congress of the United States is charg- sional Executive Commission on China’s 2019 their investments. Moreover, the re- ing you with this responsibility. And Annual Report made recommendations to ports Congress will receive under this when you tell me that we should re- address the human rights atrocities occur- legislation will help us shape our fu- spect the SEC, saying that it has not ring in the XUAR, including recommending ture legislative efforts. had the kind of experience that is need- the Administration ‘‘aggregate policy re- In its letter, supporting H.R. 6270, the ed in order to deal with this issue, let sponses within the U.S. Government to ad- Uyghur American Association stated: me just share with you that I don’t dress gross human rights violations in the XUAR, including by Using Global Magnitsky Passing the Uyghur Forced Labor Disclo- care whether it is an appointee by Human Rights Accountability Act (Public sure Act of 2020, H.R. 6270, is one necessary Obama or anybody else. One of the rea- Law No. 114–328) sanctions to hold account- step in leveraging our collective power to sons I have created a subcommittee on able Chinese business entities and officials put a stop to this genocide. diversity and inclusion is because most complicit in the mass internment and sur- Mr. Speaker, let me just take a mo- of the agencies of government, particu- veillance of Uyghurs and other Turkic Mus- ment to talk about slavery. And as I larly in financial services, you don’t lim minorities and to encourage like-minded mentioned earlier, those of us who are have people who look like me who are allies to issue their own sanctions’’. descendants of slaves are very much al- going to stand up and take on these (10) In the same report, the Commission ways interested in what we can do to issues. recommended Holding Chinese Government stop slavery wherever it is or to stop it Unfortunately, a lack of caring, a Officials Accountable for Abuses by levying lack of understanding, a lack of experi- financial sanctions against Chinese officials before it starts. complicit in human rights violations against Mr. Speaker and Members, let me ence—or whatever you want to call it— the Uyghur people in XUAR. just say, while my friend on the oppo- we are about opening up these agencies (11) The Trump Administration has taken site side of the aisle makes an argu- so that we have people who will stand meaningful action to combat human rights ment about the inconvenience and the up, just like I am standing up here violators in the Xinjiang Uyghur Autono- loss of money to American firms, slav- today, and teach you about that which mous Region (XUAR), including recent sanc- ery is always about money. Slavery in you don’t know, or you don’t under- tions and additions to the Commerce Depart- this country was about labor. It was stand. ment’s Entity List. So when I take a look at the SEC or (12) Targeted sanctions, such as financial about using those who they brought sanctions led by the Department of Treas- over on slave ships from Africa to pick the OCC or the Treasury or the Federal Reserve, none of them, none of them ury, are the more effective method for ad- cotton, and to enrich those owners on dressing the issue of human rights violations the plantations that were involved have people in management positions against the Uyghurs by authorities of the with cotton as its major trade, as its who will talk about the experiences of People’s Republic of China and for punishing major source of income and profit. those in this country—African Ameri- those bad actors. So we cannot be sympathetic to any cans and our ancestors—in a way that Add at the end the following: argument that talks about it is going will create the sensitivity for change. SEC. 4. SENSE OF CONGRESS. to inconvenience investors or Amer- So we are always focused and centered The sense of the Congress is the following: (1) Using securities law is misguided and ican companies. Slavery is about ex- on justice, and we understand injustice when we see it—we feel it very deeply— will not protect the vulnerable in the XUAR ploitation and the use of other human nor does it appropriately target or punish beings in order, basically, to derive a and we are opening up these agencies and we are providing the leadership on those that continue to oppress them. profit from their work and from the (2) Attempts to address human rights vio- fact that they are slaves. So when my diversity and inclusion so that we can lations of the type being committed against friend on the opposite side of the aisle get people in these agencies who are the Uyghur people in XUAR using the securi- talks about, he, too, is sympathetic to willing to do the job and to help share ties laws will not improve the quality of life the arguments that are made against the information that is needed to cre- for the Uyghur people. Freedom for the ate change. Uyghur people will only come by holding the slavery—and he points out that his own Mr. Speaker, again, I urge my col- Chinese Communist Party accountable. wife was a victim of slavery, as he leagues to support this legislation, SEC. 5. EFFECTIVE DATE. talks about what happened to her and which is a most important step to- The amendment made by section 3 shall her family, as we all know, and we cer- wards protecting our investors and take effect on the date that the commis- tainly are opposed to the Holocaust doing our part as global citizens. It is sioners of the Securities and Exchange Com- and what happened—let us focus on the our moral imperative to do everything mission unanimously report to Congress that the amendment required by section 3 will fact that whether you are talking we can to stand up against injustice. about the Holocaust or whether you improve the lives of the oppressed in the Mr. Speaker, I yield back the balance XUAR and ultimately lead to their freedom, are talking about slavery with the of my time. Uyghurs, whether you are talking target bad actors in the Chinese Communist The SPEAKER pro tempore. All time Party in a more effective manner than sanc- about slavery that we experienced as for debate has expired. tions would, and will cause no negative im- African Americans brought over on Pursuant to House Resolution 1129, pact on the population similar to the unin- slave ships, slavery is slavery no mat- the previous question is ordered on the tended negative effects caused by the con- ter where it takes place. bill, as amended. flict minerals provisions under section 13(p) So, no, we are not sympathetic to the The question is on the engrossment of the Securities Exchange Act of 1934. fact that investors may lose money if, and third reading of the bill. Mr. MCHENRY (during the reading). in fact, we stop slavery. We are not The bill was ordered to be engrossed Mr. Speaker, I ask unanimous consent sympathetic to the fact that it is an in- and read a third time, and was read the to dispense with the reading of the bill. convenience and that somehow the third time. The SPEAKER pro tempore. Is there SEC should not be burdened with the MOTION TO RECOMMIT objection to the request of the gen- responsibility to deal with this, they Mr. MCHENRY. Mr. Speaker, I have a tleman from North Carolina? don’t know how to deal with this. motion to recommit at the desk. There was no objection.

VerDate Sep 11 2014 14:12 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K30SE7.022 H30SEPT1 SSpencer on DSK126QN23PROD with HOUSE September 30, 2020 CONGRESSIONAL RECORD — HOUSE H5069 The SPEAKER pro tempore. Pursu- bill that is very workable. We would the truth. This is about the Uyghur ant to the rule, the gentleman from support a whole-of-government ap- people. This is not about me. This is North Carolina is recognized for 5 min- proach to combat the rising threat and not about an election. utes in support of his motion. ensure the freedom of the Uyghur peo- Before I was even elected to Con- Mr. MCHENRY. Mr. Speaker, this ple. gress, I met with Uyghur Muslims in amendment will not kill the bill. It This bill doesn’t do that. This bill my district. I have one of the largest will make this a serious piece of legis- uses the same mechanisms that have populations of Uyghur diaspora in my lation rather than just a political talk- previously failed in their intended pur- district, and they told me their hor- ing point, which is what it currently is. pose. In fact, the last time the Demo- rible stories about relatives who dis- The legislation will then target real crats paid lip service to similar human appeared into the camps, who perished human rights abuses. rights abuses in the Democratic Repub- in those camps. So don’t try to make Mr. Speaker, Republicans in this lic of Congo, they failed to support the this about me. House have been standing against the Congolese miners, while at the same Before I came to Congress, I served in Chinese Communist Party and the ris- time costing American companies an the Virginia State Senate, and there ing threat it presents, not only to the estimated $7 billion. That is just one we had an expression for when people American businesses in our commu- example. tried to change our bills on the floor or nity, in our economy, but also to na- If you need more evidence that the on the fly, and that was, ‘‘Get your tional security. And Republicans have Democrats are not serious about com- own bill.’’ also worked to address the atrocities bating the Chinese Communist Party, It is disappointing that my Repub- committed against the Uyghur people, just look at their new COVID relief lican colleagues are politicizing this including in the House Committee on bill, which would send more than $170 issue and opposing this bill, especially Financial Services. Republicans stand billion to the Chinese Government. when we have been hearing for so long with the Trump administration against What does that do for small businesses how Democrats are weak on China. But, when given the chance to hold the communism and the global threat the and their employees who are still hurt- Chinese Government responsible for Chinese Government poses, while ing and need our support because of gross human rights abuses and reveal Democrats have excused the Chinese COVID? the extent of the system of forced Communist Party’s actions for years. Now, there are many good news labor, it turns out Republicans aren’t Just last year, we offered House items here. Because Democrats are feeling vulnerable on China leading up all that interested. Democrats an opportunity in the Com- Crimes against humanity, and per- to this election, we were able to get to- mittee on Financial Services, to stand haps even genocide, are being com- gether on some pieces of legislation up against the Chinese Communist mitted by the Chinese Government. Re- that would do some positive things in Party, and they didn’t. And we offered publicans talk a good game, but only if terms of our relationship with China them the opportunity to stand against it doesn’t create any kind of burden on human rights abuses against religious and holding them accountable. The bill U.S. corporations or their profit mar- minorities in China, and they didn’t last week is a good example of that. gins, profit that may be earned off of The bill before us today is nothing work with us. the backs of slave labor. We had those votes when we consid- more than a press release for an elec- During debate on this bill, the other ered the reauthorization of U.S. Ex- tion. I think we will see that. I think side made it clear that they don’t be- port-Import Bank. Instead of joining we will probably see Democrats using lieve that corporations, publicly traded us, Democrats voted to allow compa- this in campaign ads, maybe. companies, should be held responsible nies owned by the Chinese Communist My amendment recognizes that sanc- for knowing the origins of their prod- Party to receive U.S.-taxpayer sub- tioning is the most effective way to ucts. The other side is saying that sidies, subsidies that support the very punish bad actors and to address the companies can turn a blind eye to people committing these human rights human rights violations in Xinjiang, in genocide and not have to disclose to atrocities in which they are now, all of the Uyghur Autonomous Region, as their shareholders about the use of a sudden, a few days before the elec- recommended by the bipartisan, bi- slave labor in their supply chains. tion, against. cameral Congressional-Executive Com- This MTR is more of the same. It Mr. Speaker, if you look at that vote mittee on China in their 2019 report, neuters the bill and adds a sense of tally, you will see today’s bill’s spon- the very same report, I might add, that Congress. Well, Congress has a sense al- sor’s name. She voted against these Re- the author of this bill cites in her bill ready: The exploitation and enslave- publican measures to hold the Chinese to describe the atrocities against the ment of the Uyghurs must stop. Ameri- Communist Party accountable, includ- Uyghur people. cans don’t want to purchase goods ing holding them accountable for It also ensures the bill accomplishes made with slave labor. abuses against the Uyghur people. So its intended purpose: cracking down on So maybe my colleagues are fol- what has changed? the Chinese Communist Party and end- lowing the lead of the President, who Mr. Speaker, I would submit that it ing the human rights atrocities in the seems to be okay with what is hap- is an election that has made these ongoing struggle that the Uyghur peo- pening in Xinjiang. When given the op- things more of a reality for these ple are facing. portunity to confront Xi over the mass Democrats that were very weak on A vote for this amendment says that internment of Uyghurs, Trump actu- communist China. Democrats in the you are serious about addressing the ally encouraged them to carry on House failed to stand up for the Amer- threats of China and what it poses to building the camps. He said it was ‘‘the ican people and stand against the our national security. A vote for this right thing to do.’’ That is according to human rights abuses of the Uyghur amendment says that we are serious his former National Security Advisor, people. And now 33 days before the about ending the human rights atroc- John Bolton. election, they are scrambling to look ities and serious as legislators. With only the interpreters present, tough on China. Mr. Speaker, I urge my colleagues to Xi had explained to Trump why he was support this motion to recommit, urge basically building concentration camps b 1215 its adoption, and I yield back the bal- in Xinjiang. According to our inter- Let me be clear: This bill is not ance of my time. preter, Trump said that Xi should go tough on China. It actually won’t do Ms. WEXTON. Mr. Speaker, I claim ahead and build the camps, which the things that the bill’s sponsor is time in opposition to this motion to re- Trump thought was exactly the right saying and committee Democrats are commit. thing to do. saying. The SPEAKER pro tempore. The gen- Maybe you don’t believe John If we really want to be tough on tlewoman from Virginia is recognized Bolton—I certainly question his integ- China, we would target and sanction for 5 minutes. rity—but Donald Trump admitted it. those responsible to the greatest ex- Ms. WEXTON. Mr. Speaker, the gen- When he was asked, he said: ‘‘Well, we tent possible. That is what we did in a tleman is trying to make this about were in the middle of a major trade bipartisan way last week with a good me, and nothing could be further from deal.’’

VerDate Sep 11 2014 13:02 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K30SE7.025 H30SEPT1 SSpencer on DSK126QN23PROD with HOUSE H5070 CONGRESSIONAL RECORD — HOUSE September 30, 2020 Mr. Speaker, we are better than this. ice located at 15 East Market Street in Nicol Avenue in Thomasville, Alabama, shall With this bill, we can stand up against Leesburg, Virginia, as the ‘‘Norman be known and designated as the ‘‘Postmaster forced labor; we can stand up against Duncan Post Office Building’’, and ask Robert Ingram Post Office’’. genocide; we can stand up for religious for its immediate consideration in the (b) REFERENCES.—Any reference in a law, map, regulation, document, paper, or other freedom and the Uyghur people by de- House. record of the United States to the facility re- feating this motion to recommit and The Clerk read the title of the bill. ferred to in subsection (a) shall be deemed to passing the Uyghur Forced Labor Dis- The SPEAKER pro tempore. Is there be a reference to the ‘‘Postmaster Robert closure Act. objection to the request of the gen- Ingram Post Office’’. Mr. Speaker, I yield back the balance tleman from Virginia? Mr. CONNOLLY (during the reading). of my time. There was no objection. Mr. Speaker, I ask unanimous consent The text of the bill is as follows: The SPEAKER pro tempore. Without that further reading be dispensed with. objection, the previous question is or- H.R. 4971 The SPEAKER pro tempore. Is there dered on the motion to recommit. Be it enacted by the Senate and House of Rep- objection to the request of the gen- There was no objection. resentatives of the United States of America in tleman from Virginia? Congress assembled, The SPEAKER pro tempore. The There was no objection. SECTION 1. NORMAN DUNCAN POST OFFICE question is on the motion to recommit. BUILDING. The amendment was agreed to. The question was taken; and the (a) DESIGNATION.—The facility of the The bill was ordered to be engrossed Speaker pro tempore announced that United States Postal Service located at 15 and read a third time, was read the the noes appeared to have it. East Market Street in Leesburg, Virginia, third time, and passed. Mr. MCHENRY. Mr. Speaker, on that shall be known and designated as the ‘‘Nor- The title of the bill was amended so I demand the yeas and nays. man Duncan Post Office Building’’. as to read: ‘‘A bill to designate the fa- The SPEAKER pro tempore. Pursu- (b) REFERENCES.—Any reference in a law, cility of the United States Postal Serv- map, regulation, document, paper, or other ant to section 3 of House Resolution record of the United States to the facility re- ice located at 115 Nicol Avenue in 965, the yeas and nays are ordered. ferred to in subsection (a) shall be deemed to Thomasville, Alabama, as the ‘Post- Pursuant to clause 8 of rule XX, fur- be a reference to the ‘‘Norman Duncan Post master Robert Ingram Post Office’.’’. ther proceedings on this question are Office Building’’. A motion to reconsider was laid on postponed. The bill was ordered to be engrossed the table. f and read a third time, was read the f HOLLY VETERANS MEMORIAL third time, and passed, and a motion to RAY CHAVEZ POST OFFICE POST OFFICE reconsider was laid on the table. BUILDING f Mr. CONNOLLY. Mr. Speaker, I ask Mr. CONNOLLY. Mr. Speaker, I ask unanimous consent that the Com- POSTMASTER ROBERT INGRAM SR. unanimous consent that the Com- mittee on Oversight and Reform be dis- POST OFFICE mittee on Oversight and Reform be discharged from further consideration of Mr. CONNOLLY. Mr. Speaker, I ask charged from further consideration of the bill (H.R. 5954) to designate the fa- unanimous consent that the Com- the bill (H.R. 3005) to designate the facility of the United States Postal Serv- mittee on Oversight and Reform be dis- cility of the United States Postal Serv- ice located at 108 West Maple Street in charged from further consideration of ice located at 13308 Midland Road in Holly, Michigan, as the ‘‘Holly Vet- the bill (H.R. 5307) to designate the fa- Poway, California, as the ‘‘Ray Chavez erans Memorial Post Office’’, and ask cility of the United States Postal Serv- Post Office Building’’, and ask for its for its immediate consideration in the ice located at 115 Nicol Avenue in immediate consideration in the House. House. Thomasville, Alabama, as the ‘‘Post- The Clerk read the title of the bill. The Clerk read the title of the bill. master Robert Ingram Sr. Post Office’’, The SPEAKER pro tempore. Is there The SPEAKER pro tempore. Is there and ask for its immediate consider- objection to the request of the gen- objection to the request of the gen- ation in the House. tleman from Virginia? tleman from Virginia? The Clerk read the title of the bill. There was no objection. There was no objection. The SPEAKER pro tempore. Is there The text of the bill is as follows: The text of the bill is as follows: objection to the request of the gen- H.R. 3005 H.R. 5954 tleman from Virginia? Be it enacted by the Senate and House of Rep- Be it enacted by the Senate and House of Rep- There was no objection. resentatives of the United States of America in resentatives of the United States of America in The text of the bill is as follows: Congress assembled, Congress assembled, H.R. 5307 SECTION 1. RAY CHAVEZ POST OFFICE BUILDING. SECTION 1. HOLLY VETERANS MEMORIAL POST Be it enacted by the Senate and House of Rep- (a) DESIGNATION.—The facility of the OFFICE. resentatives of the United States of America in United States Postal Service located at 13308 (a) DESIGNATION.—The facility of the Congress assembled, Midland Road in Poway, California, shall be United States Postal Service located at 108 SECTION 1. POSTMASTER ROBERT INGRAM SR. known and designated as the ‘‘Ray Chavez West Maple Street in Holly, Michigan, shall POST OFFICE. Post Office Building’’. be known and designated as the ‘‘Holly Vet- (a) DESIGNATION.—The facility of the (b) REFERENCES.—Any reference in a law, erans Memorial Post Office’’. United States Postal Service located at 115 map, regulation, document, paper, or other (b) REFERENCES.—Any reference in a law, Nicol Avenue in Thomasville, Alabama, shall record of the United States to the facility re- map, regulation, document, paper, or other be known and designated as the ‘‘Postmaster ferred to in subsection (a) shall be deemed to record of the United States to the facility re- Robert Ingram Sr. Post Office’’. be a reference to the ‘‘Ray Chavez Post Of- ferred to in subsection (a) shall be deemed to (b) REFERENCES.—Any reference in a law, fice Building’’. be a reference to the ‘‘Holly Veterans Memo- map, regulation, document, paper, or other The bill was ordered to be engrossed rial Post Office’’. record of the United States to the facility re- and read a third time, was read the ferred to in subsection (a) shall be deemed to The bill was ordered to be engrossed be a reference to the ‘‘Postmaster Robert third time, and passed, and a motion to and read a third time, was read the Ingram Sr. Post Office’’. reconsider was laid on the table. third time, and passed, and a motion to AMENDMENT OFFERED BY MR. CONNOLLY f reconsider was laid on the table. Mr. CONNOLLY. Mr. Speaker, I have CHAPLAIN (CAPT.) DALE GOETZ f an amendment at the desk. MEMORIAL POST OFFICE BUILD- NORMAN DUNCAN POST OFFICE The SPEAKER pro tempore. The ING BUILDING Clerk will report the amendment. Mr. CONNOLLY. Mr. Speaker, I ask The Clerk read as follows: Mr. CONNOLLY. Mr. Speaker, I ask unanimous consent that the Com- unanimous consent that the Com- Strike all after the enacting clause and in- mittee on Oversight and Reform be dis- sert the following: mittee on Oversight and Reform be discharged from further consideration of SECTION 1. POSTMASTER ROBERT INGRAM POST charged from further consideration of OFFICE. the bill (H.R. 4725) to designate the fa- the bill (H.R. 4971) to designate the fa- (a) DESIGNATION.—The facility of the cility of the United States Postal Serv- cility of the United States Postal Serv- United States Postal Service located at 115 ice located at 8585 Criterion Drive in

VerDate Sep 11 2014 14:12 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K30SE7.026 H30SEPT1 SSpencer on DSK126QN23PROD with HOUSE September 30, 2020 CONGRESSIONAL RECORD — HOUSE H5071 Colorado Springs, Colorado, as the the bill (H.R. 3680) to designate the fa- mittee on Oversight and Reform be dis- ‘‘Chaplain (Capt.) Dale Goetz Memorial cility of the United States Postal Serv- charged from further consideration of Post Office Building’’, and ask for its ice located at 415 North Main Street in the bill (H.R. 2454) to designate the fa- immediate consideration in the House. Henning, Tennessee as the ‘‘Paula Rob- cility of the United States Postal Serv- The Clerk read the title of the bill. inson and Judy Spray Memorial Post ice located at 123 East Sharpfish Street The SPEAKER pro tempore. Is there Office Building’’, and ask for its imme- in Rosebud, South Dakota, as the ‘‘Ben objection to the request of the gen- diate consideration in the House. Reifel Post Office Building’’, and ask tleman from Virginia? The Clerk read the title of the bill. for its immediate consideration in the There was no objection. The SPEAKER pro tempore. Is there House. The text of the bill is as follows: objection to the request of the gen- The Clerk read the title of the bill. H.R. 4725 tleman from Virginia? The SPEAKER pro tempore. Is there Be it enacted by the Senate and House of Rep- There was no objection. objection to the request of the gen- resentatives of the United States of America in The text of the bill is as follows: tleman from Virginia? Congress assembled, H.R. 3680 There was no objection. SECTION 1. CHAPLAIN (CAPT.) DALE GOETZ ME- Be it enacted by the Senate and House of Rep- The text of the bill is as follows: MORIAL POST OFFICE BUILDING. resentatives of the United States of America in H.R. 2454 (a) DESIGNATION.—The facility of the Congress assembled, Be it enacted by the Senate and House of Rep- United States Postal Service located at 8585 SECTION 1. PAULA ROBINSON AND JUDY SPRAY Criterion Drive in Colorado Springs, Colo- resentatives of the United States of America in MEMORIAL POST OFFICE BUILDING. Congress assembled, rado, shall be known and designated as the (a) DESIGNATION.—The facility of the ‘‘Chaplain (Capt.) Dale Goetz Memorial Post United States Postal Service located 415 SECTION 1. BEN REIFEL POST OFFICE BUILDING. Office Building’’. North Main Street in Henning, Tennessee, (a) DESIGNATION.—The facility of the (b) REFERENCES.—Any references in a law, shall be known and designated as the ‘‘Paula United States Postal Service located at 123 map, regulation, document, paper, or other Robinson and Judy Spray Memorial Post Of- East Sharpfish Street in Rosebud, South Da- record of the United States to the facility re- fice Building’’. kota, shall be known and designated as the ferred to in subsection (a) shall be deemed to (b) REFERENCES.—Any reference in a law, ‘‘Ben Reifel Post Office Building’’. be a reference to the ‘‘Chaplain (Capt.) Dale map, regulation, document, paper, or other (b) REFERENCES.—Any reference in a law, Goetz Memorial Post Office Building’’. record of the United States to the facility re- map, regulation, document, paper, or other ferred to in subsection (a) shall be deemed to record of the United States to the facility re- The bill was ordered to be engrossed ferred to in subsection (a) shall be deemed to and read a third time, was read the be a reference to the ‘‘Paula Robinson and Judy Spray Memorial Post Office’’. be a reference to the ‘‘Ben Reifel Post Office third time, and passed, and a motion to Building’’. reconsider was laid on the table. AMENDMENT OFFERED BY MR. CONNOLLY Mr. CONNOLLY. Mr. Speaker, I have The bill was ordered to be engrossed f an amendment at the desk. and read a third time, was read the RALPH HALL POST OFFICE The SPEAKER pro tempore. The third time, and passed, and a motion to reconsider was laid on the table. Mr. CONNOLLY. Mr. Speaker, I ask Clerk will report the amendment. unanimous consent that the Com- The Clerk read as follows: f mittee on Oversight and Reform be dis- Strike all after the enacting clause and in- charged from further consideration of sert the following: b 1230 the bill (H.R. 5987) to designate the fa- SECTION 1. PAULA CROOM ROBINSON AND JUDY cility of the United States Postal Serv- SPRAY MEMORIAL POST OFFICE AUDIE MURPHY POST OFFICE BUILDING. BUILDING ice located at 909 West Holiday Drive in (a) DESIGNATION.—The facility of the Fate, Texas, as the ‘‘Ralph Hall Post United States Postal Service located 415 Mr. CONNOLLY. Mr. Speaker, I ask Office’’, and ask for its immediate con- North Main Street in Henning, Tennessee, unanimous consent that the Com- sideration in the House. shall be known and designated as the ‘‘Paula mittee on Oversight and Reform be dis- The Clerk read the title of the bill. Croom Robinson and Judy Spray Memorial charged from further consideration of The SPEAKER pro tempore. Is there Post Office Building’’. the bill (H.R. 5988) to designate the fa- objection to the request of the gen- (b) REFERENCES.—Any reference in a law, cility of the United States Postal Serv- map, regulation, document, paper, or other tleman from Virginia? record of the United States to the facility re- ice located at 2600 Wesley Street in There was no objection. ferred to in subsection (a) shall be deemed to Greenville, Texas, as the ‘‘Audie Mur- The text of the bill is as follows: be a reference to the ‘‘Paula Croom Robinson phy Post Office Building’’, and ask for H.R. 5987 and Judy Spray Memorial Post Office’’. its immediate consideration in the Be it enacted by the Senate and House of Rep- Mr. CONNOLLY (during the reading). House. resentatives of the United States of America in Mr. Speaker, I ask unanimous consent The Clerk read the title of the bill. Congress assembled, to dispense with the further reading of The SPEAKER pro tempore. Is there SECTION 1. RALPH HALL POST OFFICE. the amendment. objection to the request of the gen- (a) DESIGNATION.—The facility of the The SPEAKER pro tempore. Is there tleman from Virginia? United States Postal Service located at 909 objection to the request of the gen- There was no objection. West Holiday Drive in Fate, Texas, shall be tleman from Virginia? The text of the bill is as follows: known and designated as the ‘‘Ralph Hall Post Office’’. There was no objection. H.R. 5988 (b) REFERENCES.—Any reference in a law, The amendment was agreed to. Be it enacted by the Senate and House of Rep- map, regulation, document, paper, or other The bill was ordered to be engrossed resentatives of the United States of America in record of the United States to the facility re- and read a third time, was read the Congress assembled, ferred to in subsection (a) shall be deemed to third time, and passed. SECTION 1. AUDIE MURPHY POST OFFICE BUILD- be a reference to the ‘‘Ralph Hall Post Of- The title of the bill was amended so ING. fice’’. as to read: ‘‘A bill to designate the fa- (a) DESIGNATION.—The facility of the The bill was ordered to be engrossed cility of the United States Postal Serv- United States Postal Service located at 2600 and read a third time, was read the Wesley Street in Greenville, Texas, shall be ice located at 415 North Main Street in known and designated as the ‘‘Audie Murphy third time, and passed, and a motion to Henning, Tennessee, as the ‘Paula Post Office Building’’. reconsider was laid on the table. Croom Robinson and Judy Spray Me- (b) REFERENCES.—Any reference in a law, f morial Post Office Building’.’’. map, regulation, document, paper, or other A motion to reconsider was laid on record of the United States to the facility re- PAULA ROBINSON AND JUDY the table. ferred to in subsection (a) shall be deemed to SPRAY MEMORIAL POST OFFICE be a reference to the ‘‘Audie Murphy Post Of- f BUILDING fice Building’’. Mr. CONNOLLY. Mr. Speaker, I ask BEN REIFEL POST OFFICE The bill was ordered to be engrossed unanimous consent that the Com- BUILDING and read a third time, was read the mittee on Oversight and Reform be dis- Mr. CONNOLLY. Mr. Speaker, I ask third time, and passed, and a motion to charged from further consideration of unanimous consent that the Com- reconsider was laid on the table.

VerDate Sep 11 2014 14:12 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K30SE7.032 H30SEPT1 SSpencer on DSK126QN23PROD with HOUSE H5072 CONGRESSIONAL RECORD — HOUSE September 30, 2020 LANCE CPL. STACY ‘‘ANNIE’’ thorization Act for Fiscal Year 2018 (40 (g) RULE OF CONSTRUCTION.—Nothing in DRYDEN POST OFFICE U.S.C. 11301 note). this Act shall be construed to impair or oth- (2) EXECUTIVE AGENCY.—The term ‘‘execu- erwise affect the authority delegated by law Mr. CONNOLLY. Mr. Speaker, I ask tive agency’’ has the meaning given the term to an executive agency or the head of an ex- unanimous consent that the Com- ‘‘Executive agency’’ in section 105 of title 5, ecutive agency. mittee on Oversight and Reform be dis- United States Code. SEC. 3. DETERMINATION OF BUDGETARY EF- charged from further consideration of (3) PROGRAM.—The term ‘‘Program’’ means FECTS. the bill (H.R. 4875) to designate the fa- the Information Technology Modernization The budgetary effects of this Act, for the cility of the United States Postal Serv- Centers of Excellence Program established purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be deter- ice located at 2201 E. Maple Street in under subsection (b). (b) ESTABLISHMENT.—The Administrator of mined by reference to the latest statement North Canton, Ohio, as the ‘‘Lance Cpl. General Services shall establish a program titled ‘‘Budgetary Effects of PAYGO Legisla- Stacy ‘Annie’ Dryden Post Office’’, and to be known as the Information Technology tion’’ for this Act, submitted for printing in ask for its immediate consideration in Modernization Centers of Excellence Pro- the Congressional Record by the Chairman of the House. gram to facilitate the adoption of modern the House Budget Committee, provided that The Clerk read the title of the bill. technology by executive agencies on a reim- such statement has been submitted prior to The SPEAKER pro tempore. Is there bursable basis. the vote on passage. (c) RESPONSIBILITIES.—The Program shall The SPEAKER pro tempore. Pursu- objection to the request of the gen- have the following responsibilities: tleman from Virginia? (1) To encourage the modernization of in- ant to the rule, the gentleman from There was no objection. formation technology used by an executive Virginia (Mr. CONNOLLY) and the gen- The text of the bill is as follows: agency and how a customer interacts with tlewoman from West Virginia (Mrs. H.R. 4875 an executive agency. MILLER) each will control 20 minutes. (2) To improve cooperation between com- The Chair recognizes the gentleman Be it enacted by the Senate and House of Rep- mercial and executive agency information resentatives of the United States of America in from Virginia. technology sectors. Congress assembled, GENERAL LEAVE (3) To the extent practicable, encourage Mr. CONNOLLY. Mr. Speaker, I ask SECTION 1. LANCE CPL. STACY ‘‘ANNIE’’ DRYDEN the adoption of commercial items in accord- POST OFFICE. ance with section 3307 of title 41, United unanimous consent that all Members (a) DESIGNATION.—The facility of the States Code. may have 5 legislative days in which to United States Postal Service located at 2201 (4) Upon request by the executive agency, revise and extend their remarks and in- E. Maple Street in North Canton, Ohio, shall to assist executive agencies with planning clude extraneous material about the be known and designated as the ‘‘Lance Cpl. and adoption of technology in focus areas measure before us. Stacy ‘Annie’ Dryden Post Office’’. designated by the Administrator, which may The SPEAKER pro tempore. Is there (b) REFERENCES.—Any reference in a law, include the following: objection to the request of the gen- map, regulation, document, paper, or other (A) A commercial cloud computing system record of the United States to the facility re- tleman from Virginia? that includes— There was no objection. ferred to in subsection (a) shall be deemed to (i) end-to-end migration planning and an be a reference to the ‘‘Lance Cpl. Stacy assessment of progress towards moderniza- Mr. CONNOLLY. Mr. Speaker, I yield ‘Annie’ Dryden Post Office’’. tion; and myself such time as I may consume. The bill was ordered to be engrossed (ii) a cybersecurity and governance frame- Mr. Speaker, the Information Tech- and read a third time, was read the work that promotes industry and govern- nology Modernization Centers of Excel- third time, and passed, and a motion to ment risk management best practice ap- lence Program Act is the product of reconsider was laid on the table. proaches, prioritizing efforts based on risk, great bipartisan work between Rep- impact, and consequences. resentative RO KHANNA and the rank- f (B) Tools to help an individual receive sup- ing member of our committee, Mr. port from and communicate with an execu- ANNOUNCEMENT BY THE SPEAKER COMER. tive agency. Since 2017, the Centers of Excellence PRO TEMPORE (C) Contact centers and other related cus- The SPEAKER pro tempore. Pursu- tomer supports. have provided state-of-the-art tech- ant to clause 8 of rule XX, the Chair (D) Efficient use of data management, nical expertise to assist Federal agen- will postpone further proceedings analysis, and reporting. cies with their IT modernization so today on motions to suspend the rules (E) The optimization of infrastructure, in- that they can serve the American peo- cluding for data centers, and the reduction of on which the yeas and nays are or- ple more effectively. operating costs. The program aims to leverage pri- dered. (F) Artificial intelligence. vate-sector innovation and centralized The House will resume proceedings (5) To share best practices and expertise expertise to help the Federal Govern- on postponed questions at a later time. with executive agencies. ment improve its services to the pub- f (6) Other responsibilities the Adminis- trator may identify. lic, deploy cutting-edge technology, at- INFORMATION TECHNOLOGY MOD- (d) COORDINATION.—The Administrator tract top talent to its workforce, en- ERNIZATION CENTERS OF EX- shall coordinate with the Secretary of Home- hance its cybersecurity, and optimize CELLENCE PROGRAM ACT land Security in establishing the Program to the data resources available to it. ensure that the technology, tools, and frame- Today, six Centers of Excellence sup- Mr. CONNOLLY. Mr. Speaker, I move works facilitated for executive agencies by port agencies in the strategic com- to suspend the rules and pass the bill the Program provide sufficient cybersecurity and maintain the integrity, confidentiality, petency areas of artificial intelligence, (H.R. 5901) to establish a program to fa- cloud adoption, contact centers, cus- cilitate the adoption of modern tech- and availability of Federal information. (e) PROGRAM REPORTING.—Not later than 1 tomer experience, data and analytics, nology by executive agencies, and for year after the date of enactment of this Act, and infrastructure optimization. other purposes, as amended. and every year thereafter, the Administrator This bill would codify that program The Clerk read the title of the bill. shall submit to the Committee on Homeland and to support agencies in efficiently The text of the bill is as follows: Security and Governmental Affairs of the improving customer service, imple- H.R. 5901 Senate and the Committee on Oversight and Reform of the House of Representatives a re- menting cloud computing systems and Be it enacted by the Senate and House of Rep- port on the Program, which shall include the data management, optimizing IT infra- resentatives of the United States of America in following: structure, and sharing best practices Congress assembled, (1) A description of the reimbursable agree- and expertise. SECTION 1. SHORT TITLE. ments, statements of work, and associated As chairman of the Subcommittee on This Act may be cited as the ‘‘Information project schedules and deliverables for the Government Operations with responsi- Technology Modernization Centers of Excel- Program. bility for Federal IT modernization, I lence Program Act’’. (2) Details on the total amount of the re- have kept a close eye on this program SEC. 2. GSA MODERNIZATION CENTERS OF EX- imbursable agreements. since its inception, and I intend to CELLENCE PROGRAM. (3) Any additional information the Admin- (a) DEFINITIONS.—In this section: istrator determines necessary. keep a close eye as it continues to put (1) CLOUD COMPUTING.—The term ‘‘cloud (f) SUNSET.—This Act shall cease to have its mission and goals into practice. computing’’ has the meaning given the term effect on the date that is 7 years after the I applaud the improvements made to in section 1076 of the National Defense Au- date of enactment of this Act. the bill to ensure that assistance is

VerDate Sep 11 2014 14:12 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\K30SE7.039 H30SEPT1 SSpencer on DSK126QN23PROD with HOUSE September 30, 2020 CONGRESSIONAL RECORD — HOUSE H5073 provided to agencies by request on a re- businesses when interacting with the I want to applaud the bipartisan spir- imbursable and transparent basis. Federal Government. I am sure that it in which this bill came to the floor. I support the commonsense bill be- my colleagues are as well. It was originally the White House Chief fore us to modernize and improve the The current pandemic has shown how of Staff Mark Meadows who was the co- functioning of the Federal Govern- critical it is for all Americans to be sponsor of the legislation. I thank him, ment. able to effectively and reliably interact as well as the cosponsor, now the rank- Mr. Speaker, I reserve the balance of with government agencies. It is time ing member, Representative RICE. On my time. the Federal Government leveraged the Senate side, we have bipartisan Mrs. MILLER. Mr. Speaker, I yield modern cloud computing systems, commitment from the leadership of myself such time as I may consume. data-driven analytic capabilities, arti- Senator PORTMAN and Senator MAGGIE Mr. Speaker, I rise in support of H.R. ficial intelligence, and modern cus- HASSAN. So I am hopeful that this will 5901, the Information Technology Mod- tomer experience tools to offer the actually become law and allow us to ernization Centers of Excellence Pro- highest level of service possible. continue to compete. gram Act. This bill will help our gov- H.R. 5901 will give congressional I just want to end by thanking Geo ernment catch up with private-sector backing and ensure regular oversight Saba, a staff member who was extraor- innovations by equipping agencies to of the existing GSA program in order dinarily helpful on this; as well as, take advantage of modern information to accomplish these goals. again, the committee staff that has technology solutions. By giving legal authority to the pro- been excellent to work with; and, of gram, we are also ensuring the pro- Federal agencies remain challenged course, Chairwoman CAROLYN MALO- gram’s stability through the next two by inefficient, costly, and unwieldy NEY, who helped bring this to the floor. Presidential administrations, which is legacy technology systems that do not Mrs. MILLER. Mr. Speaker, I urge critical to gaining agency buy-in and adequately deliver citizen services and my colleagues to support this bipar- having the time to realize the benefits allow agencies to achieve their legally tisan government reform bill, and I mandated missions. of this new modernization approach. The Congressional Budget Office’s re- yield back the balance of my time. For example, the Government Ac- Mr. CONNOLLY. Mr. Speaker, I yield countability Office has reported that, view of this bill found that it will have no budgetary impact, which shows that myself the balance of my time. between 2010 and 2017, the Federal Gov- Mr. Speaker, I think this is a good ernment spent over $450 billion just there are still legislative opportunities to modernize the government without bill. I think as Mr. KHANNA indicated, maintaining outdated legacy IT sys- it adds to the corpus of information tems. That is over 70 percent of the spending additional taxpayer funds. I hope the House Oversight and Re- technology legislation where we are government’s entire IT budget. form Committee and this Congress can trying to modernize the Federal Gov- There is increasingly less and less continue to work together on similar ernment; we are trying to retire legacy Federal IT funding available for new legislative reforms to bring our govern- systems; we are trying to move to the agency modernization projects. The ment into the 21st century. cloud for cyber reasons, for efficiency government needs to take advantage of Mr. Speaker, I want to thank my col- reasons, and to be of better service to the cutting-edge technology solutions leagues for their bipartisan work on the American people. already being used by the private sec- this bill. I encourage my colleagues to I think this is another piece in that tor. support H.R. 5901, and I reserve the bal- mosaic, and I urge its passage by our Recognizing the need for a different ance of my time. colleagues here in the House. approach to transition large Federal Mr. CONNOLLY. Mr. Speaker, I yield Mr. Speaker, I yield back the balance agency technology projects, the Cen- 5 minutes to the gentleman from Cali- of my time. ters of Excellence were established by fornia (Mr. KHANNA), the author of this The SPEAKER pro tempore. The the Trump administration at the Gen- bill. question is on the motion offered by eral Services Administration to help Mr. KHANNA. Mr. Speaker, I thank the gentleman from Virginia (Mr. CON- agencies overcome persistent mod- Chairman CONNOLLY for his leadership NOLLY) that the House suspend the ernization challenges. on this, on FITARA, and on so many rules and pass the bill, H.R. 5901, as These challenges include identifying efforts to bring technology to our gov- amended. the best new technology solutions, pur- ernment. I thank the gentlewoman The question was taken; and (two- chasing that technology, and then inte- from West Virginia and the bipartisan thirds being in the affirmative) the grating that technology into an agen- committee that has helped bring this rules were suspended and the bill, as cy’s unique operations and workflows. legislation to the floor, including the amended, was passed. The GSA Centers of Excellence teams majority and minority staffs. A motion to reconsider was laid on serve as change management consult- Mr. Speaker, we worked with the the table. ants that bring private-sector best White House Office of Innovation and f practices to Federal agency technology Matt Lira on this. The idea was very challenges. simple. We in the Federal Government CHAI SUTHAMMANONT By adopting commercially available should have cutting-edge technology in REMEMBRANCE ACT OF 2020 solutions, in conjunction with delib- our Federal agencies. As a representa- Mr. CONNOLLY. Mr. Speaker, I move erate enterprise-wide transformation tive of Silicon Valley, it has always to suspend the rules and pass the bill planning, agencies can effectively tran- perplexed me why the world’s greatest (H.R. 7340) to ensure that personal pro- sition into modern operating environ- institution, the strongest institution, tective equipment and other equipment ments. By improving the operational the United States Government, can’t and supplies needed to fight efficiency of our Federal agency pro- adopt the latest technology. coronavirus are provided to employees grams and mission, we can save tax- What this bill does is says that we required to return to Federal offices, payer dollars. need to have digital expertise in the and for other purposes, as amended. While modernizing government is General Service Administration, about The Clerk read the title of the bill. good for the taxpayer, the Centers of 50 to 150 individuals who will help all of The text of the bill is as follows: Excellence also deliver an additional our Federal agencies adopt cloud com- H.R. 7340 benefit to Americans by bringing a cen- puting, adopt artificial intelligence, tral focus to improving agency delivery adopt the latest technology moderniza- Be it enacted by the Senate and House of Rep- resentatives of the United States of America in on constituent services. tion and infrastructure, adopt the best Congress assembled, H.R. 5901 promises to make the citi- digital practices for customer service. SECTION 1. SHORT TITLE. zens’ engagement with our government We want our Federal Government to This Act may be cited as the ‘‘Chai programs more intuitive and straight- be user friendly. We want our Federal Suthammanont Remembrance Act of 2020’’. Government to use all the tools of forward, like an engagement with a SEC. 2. TELEWORK, LEAVE, AND RETURNING TO modern business. technology to be competitive, to be the WORK FOR FEDERAL EMPLOYEES. I am well aware of the challenges leader in the world. That is what this (a) ISSUANCE OF POLICIES AND PROCEDURES faced by veterans, senior citizens, and bill does. BY AGENCIES.—Not later than 30 days before

VerDate Sep 11 2014 13:02 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K30SE7.041 H30SEPT1 SSpencer on DSK126QN23PROD with HOUSE H5074 CONGRESSIONAL RECORD — HOUSE September 30, 2020 the date on which an agency plans to reopen Mr. Speaker, the Chai We, as Members of Congress, have an a facility and after consultation with the Suthammanont Remembrance Act absolute obligation to protect the Fed- Chief Human Capital Officer and director of would require each Federal agency to eral workforce that keeps our country administration or the equivalent, the head of publish online a plan to reopen the an agency shall publish on the website of running, keeps our country safe. We that agency a reopening plan that details the Federal office building at least 30 days must ensure that Federal employees procedures and policies related to sending prior to the return of their workforce. have the most accurate and up-to-date employees back to workstations during the The legislation also requires agency in- information regarding agencies’ recovered period that includes the following: spectors general to report on whether opening plans. (1) The personal protective equipment that their agencies have, in fact, complied Currently, Federal agencies are fail- will be provided by the agency, the addi- with the provisions in this bill and pro- ing to communicate with employees tional cleaning protocols to be implemented, vided adequate personal protective across the board and other stake- and efforts to ensure social distancing at equipment for their employees return- holders about their coronavirus prac- worksites. ing to office spaces. (2) The actions the agency will take to pro- tices and policies. As some agencies tect employees who are required to work in This bill is named after my con- begin calling employees back to Fed- locations outside of Federal office buildings stituent who tragically lost his life to eral office buildings, many civil serv- for activities such as audits and inspections. coronavirus on May 26, 2020. Chai’s pic- ants are receiving incomplete or un- (3) The requirements that members of the ture is behind me. Chai was a real clear instructions, leading to fear and public must meet in order to enter Federal human being. He wasn’t a statistic. He uncertainty about health. office spaces. left behind a family. He is survived by I represent the third largest number (4) A description of the proper contin- four sons, his wife, and four grand- gencies for employees who have a high risk of Federal employees of any congres- children. He succumbed on May 26, sional district in America, but there of contracting coronavirus. 2020. are Federal employees in every Federal (5) Ensures the continuity of operations, Chai immigrated to the United including plans to reverse reopening meas- States from Thailand when he was 17. congressional district. This bill matures if there is a resurgence in coronavirus ters and ought to matter to every one cases in certain geographic areas. Throughout his life he was known for helping others. of us and our constituents. (b) INSPECTORS GENERAL REVIEW.—Not I refuse to sit idly by and risk more later than 6 months after the date of the en- When he first came to our country, actment of this section, the inspector gen- he landed in the restaurant industry at and more of our Federal workforce eral for each agency shall submit to the a famous jazz club in Greenwich Vil- being forced back to office buildings Committee on Oversight and Reform of the lage in New York City, where he made under superficial plans with zero ac- House of Representatives and the Committee it among the first restaurants to offer countability. This bill simply includes on Homeland Security and Governmental Af- health insurance to its employees. the commonsense provisions taken di- fairs of the Senate a review on whether that After retiring from that industry, rectly from the best practices rec- agency has provided adequate personal pro- ommendations of the Government Ac- tective equipment for the employees who are Chai moved to the National Capitol Re- returning to a Federal office location for the gion and returned to work as a Federal countability Office to communicate ef- agency and published the policies and proce- employee in the Marine Corps Commu- fectively with the workforce and to endures required pursuant to subsection (a). nity Services Child Development Cen- sure they have adequate PPE. The (c) DEFINITIONS.—In this section: ter in Quantico, Virginia. Chai wanted Trump Office of Management and (1) AGENCY.—The term ‘‘agency’’ has the to continue giving back to his adopted Budget had no concerns with this bill. meaning given that term in section 551 of country. He was a proud American cit- The least we can do for our Federal title 5, United States Code. izen. employees is to ensure the Federal (2) COVERED PERIOD.—The term ‘‘covered Chai was also a beloved employee period’’ means a period during which a na- agencies they work for are being trans- tionwide declaration of a public health emer- working in the development center’s parent with their plans so that there is gency by the Secretary of Health and Human kitchen, preparing meals for the chil- a level of reassurance and security be- Services under section 319 of the Public dren of our Marine families. He devel- fore they are called back physically to Health Service Act (42 U.S.C. 247d) is in ef- oped a unique handshake for each kid the workplace. fect. in the daycare, making each child feel I wholeheartedly support this bill SEC. 3. DETERMINATION OF BUDGETARY EF- special and included. dedicated to my constituent Chai, and FECTS. At the beginning of this terrible pan- I encourage every one of my colleagues The budgetary effects of this Act, for the demic, Chai’s workplace was not en- purpose of complying with the Statutory to join me in doing the same. forcing or taking proper precautions to Mr. Speaker, I reserve the balance of Pay-As-You-Go Act of 2010, shall be deter- protect its workers. On April 27, Chai mined by reference to the latest statement my time. titled ‘‘Budgetary Effects of PAYGO Legisla- worked his last full shift at the Mrs. MILLER. Mr. Speaker, I yield tion’’ for this Act, submitted for printing in daycare kitchen as one of his cowork- myself such time as I may consume. the Congressional Record by the Chairman of ers coughed repeatedly and looked very Mr. Speaker, the Chai the House Budget Committee, provided that ill. There was no protective equipment Suthammanont Remembrance Act is such statement has been submitted prior to for the other employees, including well-intentioned legislation. the vote on passage. Chai. First, let me send my deepest condo- The SPEAKER pro tempore. Pursu- Sadly, soon after that, Chai was in- lences to Chai’s family. He sounds like ant to the rule, the gentleman from formed that the coworker had, indeed, such a beloved person. I am sure Chai tested positive for coronavirus. Almost Virginia (Mr. CONNOLLY) and the gen- is greatly missed. exactly 1 month later, after 13 days on tlewoman from West Virginia (Mrs. Each and every COVID–19-related a ventilator, Chai died on May 26. MILLER) each will control 20 minutes. tragedy is a stark reminder of the pre- The Chair recognizes the gentleman Let me be clear: This was an avoid- ciousness of life. America has faced as- from Virginia. able death. Had there been protocols in tonishing challenges over the last 6 GENERAL LEAVE place, had there been PPE in place and available to employees like Chai, Chai months with this global struggle. Mr. CONNOLLY. Mr. Speaker, I ask As the Nation’s largest employer, the unanimous consent that all Members would still be alive today, in my view. Chai’s widow, Christina, has worked Federal Government has offices and may have 5 legislative days in which to employees across the Nation in every revise and extend their remarks and in- with my office to make sure this never happens to anybody else again. State and territory. There are unprece- clude extraneous material about the dented challenges facing our Federal measure before us. I named the bill after Chai because, workforce and the management of our The SPEAKER pro tempore. Is there although the provisions in this bill can government’s many facilities. Every objection to the request of the gen- no longer help him, they can help the tleman from Virginia? millions of Federal and contract work- single State and territory is working There was no objection. ers who will reenter the Federal work overtime to operate under a disruptive spaces across the United States. emergency declaration. b 1245 This legislation is designed to save The work of our Federal agencies’ di- Mr. CONNOLLY. Mr. Speaker, I yield lives and protect those who serve the verse workforce is more critical than myself such time as I may consume. American people. ever, and they are working around the

VerDate Sep 11 2014 13:02 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\A30SE7.018 H30SEPT1 SSpencer on DSK126QN23PROD with HOUSE September 30, 2020 CONGRESSIONAL RECORD — HOUSE H5075 clock. It is critical that the Federal The text of the bill is as follows: clude extraneous material on the meas- agencies have stepped up to the plate H.R. 7496 ure before us. to answer the calls for help. Be it enacted by the Senate and House of Rep- The SPEAKER pro tempore. Is there President Trump and his team at the resentatives of the United States of America in objection to the request of the gen- Office of Management and Budget and Congress assembled, tleman from Virginia? the Office of Personnel Management SECTION 1. SHORT TITLE. There was no objection. should be commended for issuing time- This Act may be cited as the ‘‘COVID Pre- Mr. CONNOLLY. Mr. Speaker, I yield ly directives that gave agencies the paredness, Response, and Effective Planning myself such time as I may consume. necessary guidance and flexibility to for Advanced Requirements by the Executive Mr. Speaker, I thank Representatives Branch Act of 2020’’ or the ‘‘COVID PRE- BRAD SCHNEIDER and JOHN KATKO for accomplish their missions. PARE Act of 2020’’. their strong bipartisan work on this The requirements of this bill may du- SEC. 2. COVID–19 RESURGENCE PLAN. plicate planned administration and (a) IN GENERAL.—Not later than 30 days good-government bill. agency actions. Therefore, the bill after the date of the enactment of this Act, Reflecting back on the outbreak of could have benefited from further com- the head of each agency shall submit to Con- the pandemic, I think we can all agree mittee work to avoid potential duplica- gress an initial report detailing an action that our Nation and the Federal Gov- tion. However, H.R. 7340 is well inten- plan, informed by research and best practices ernment were not prepared for what tioned, and I support governmentwide learned from the onset of COVID–19 and pre- lay ahead. Conflicting safety and work- transparency. vious presidentially declared emergencies, from-home guidelines caused confusion for addressing the needs and mitigating and across the Federal workforce. We I have heard my colleague, Mr. CON- eliminating the risks and challenges associ- NOLLY, speak passionately about Mr. ated with any resurgence in COVID–19 cases, didn’t have a clear understanding of Chai, about his character and his pas- that includes— how the virus spread or how best to re- sion for working with children, and my (1) agency priorities for preparing for and spond to it, so agencies managing of- thoughts and prayers are with his fam- responding to any resurgence of COVID–19, fices and priorities across the country ily, friends, and colleagues that knew including continuity of operations and ful- were left to make their own best deci- him so well. filling the mission of the agency; sions as they saw it. Many agencies Mr. Speaker, I reserve the balance of (2) measurable goals specific to priorities were not telework-ready, and we did and a time line for addressing each priority; not grasp the sheer length of time that my time. (3) anticipated challenges to addressing Mr. CONNOLLY. Mr. Speaker, I priorities and how the agency will address this pandemic would last, let alone thank my friend, Mrs. MILLER, for her such challenges; plan for it. kind remarks, and I certainly know (4) how the agency will consult with Con- Now with the winter months ap- they will be appreciated by his widow, gress, the public, State and municipal gov- proaching, the projections are grim. In Christina. ernments, and relevant stakeholders while June, the University of Washington Mr. Speaker, we have no further working remotely; and School of Medicine predicted 200,000 speakers on this side, and I am pre- (5) how the agency plans to issue relevant U.S. deaths by October, a number we guidance to entities under the jurisdiction of had already passed by September 22. pared to close. the agency. Mr. Speaker, I reserve the balance of (b) SUBSEQUENT REPORTS.—Not later than Their model now predicts, sadly, the my time. 60 days after the date of the enactment of death rate will more than double by Mrs. MILLER. Mr. Speaker, I have no this Act, and quarterly thereafter until the the end of this year. In all likelihood, further comments on this bill, and I President ends the declared emergency, the the worst is still to come. But this yield back the balance of my time. head of each agency shall submit to Congress time we can and must be prepared. Mr. CONNOLLY. Mr. Speaker, I urge a report that provides an update of the de- To make sure the Federal Govern- my friends in the House, on a bipar- tails submitted in the plan under subsection ment is ready for the challenges ahead, (a), including— the COVID PREPARE Act would re- tisan basis, to join with me in honoring (1) the status of each priority; Chai and preventing further deaths and (2) an explanation for any goal that has not quire each Federal agency submit to further infections from COVID–19 with- been met within the specified time frame; Congress an initial action plan for ad- in the Federal workforce and the Fed- and dressing and managing any resurgence eral contract workforce. This is a pru- (3) any changes or updates to the plan. of coronavirus cases. The plans would dent measure, and, as I said, President (c) DEFINITIONS.—In this section: use the important lessons learned since Trump’s OMB does not oppose this bill. (1) AGENCY.—The term ‘‘agency’’ has the the onset of the coronavirus crisis to Mr. Speaker, I urge the passage of meaning given that term in section 551 of develop data-driven blueprints for an- title 5, United States Code. this bill, and I yield back the balance ticipating and addressing any resur- (2) STATE.—The term ‘‘State’’ means each of my time. of the several States, the District of Colum- gence. The bill also would require The SPEAKER pro tempore. The bia, each commonwealth, territory, or pos- agencies to provide quarterly progress question is on the motion offered by session of the United States, and each feder- reports to Congress. the gentleman from Virginia (Mr. CON- ally recognized Indian Tribe. Agencies should already be engaging NOLLY) that the House suspend the SEC. 3. DETERMINATION OF BUDGETARY EF- in the strategic evidence-based plan- rules and pass the bill, H.R. 7340, as FECTS. ning required by this bill, so compli- amended. The budgetary effects of this Act, for the ance ought not to be difficult. Adding purpose of complying with the Statutory this important step would maximize The question was taken; and (two- Pay-As-You-Go Act of 2010, shall be deter- thirds being in the affirmative) the mined by reference to the latest statement the impact of these plans by ensuring rules were suspended and the bill, as titled ‘‘Budgetary Effects of PAYGO Legisla- transparency and accountability amended, was passed. tion’’ for this Act, submitted for printing in through oversight. A motion to reconsider was laid on the Congressional Record by the Chairman of It is more urgent than ever that Fed- the table. the House Budget Committee, provided that eral agencies ensure the responsible such statement has been submitted prior to f stewardship of taxpayer dollars while the vote on passage. protecting their workforces and the COVID PREPAREDNESS, RE- The SPEAKER pro tempore. Pursu- most effective pandemic response pos- SPONSE, AND EFFECTIVE PLAN- ant to the rule, the gentleman from sible by committing to a sound and NING FOR ADVANCED REQUIRE- Virginia (Mr. CONNOLLY) and the gen- transparent planning and preparedness MENTS BY THE EXECUTIVE tlewoman from West Virginia (Mrs. process. BRANCH ACT OF 2020 MILLER) each will control 20 minutes. Mr. Speaker, I urge support of this Mr. CONNOLLY. Mr. Speaker, I move The Chair recognizes the gentleman thoughtful bill as a complement to the to suspend the rules and pass the bill from Virginia. bill we just passed, and I reserve the (H.R. 7496) to require Federal agencies GENERAL LEAVE balance of my time. to submit plans for responding to any Mr. CONNOLLY. Mr. Speaker, I ask Mrs. MILLER. Mr. Speaker, I yield resurgence of COVID–19, and for other unanimous consent that all Members myself such time as I may consume. purposes, as amended. may have 5 legislative days in which to Mr. Speaker, I rise to speak on H.R. The Clerk read the title of the bill. revise and extend their remarks and in- 7496, the COVID PREPARE Act of 2020.

VerDate Sep 11 2014 13:02 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K30SE7.045 H30SEPT1 SSpencer on DSK126QN23PROD with HOUSE H5076 CONGRESSIONAL RECORD — HOUSE September 30, 2020 The bill requires every Federal agen- and ensure our Nation’s government So many people are suffering and cy to report COVID–19 resurgent action has the resources that it needs. looking to their government for relief. plans to Congress. These plans will I look forward to working with my They needed help as they navigated the cover agency pandemic resurgence colleagues on legislation that helps our daunting challenges of spring and sum- preparations to assure agency mission government remain effective at fight- mer, and they want confidence that the continuity. ing this pandemic. Federal Government, our entire gov- The bill also requires agencies to out- Mr. Speaker, I reserve the balance of ernment, has a plan as we head into line their communication plans to nec- my time. the fall and winter. essary stakeholders, including Con- Mr. CONNOLLY. Mr. Speaker, I yield Every day I hear from constituents gress, States, and localities, and enti- myself such time as I may consume. in my community, Illinois’ 10th Con- ties in the agency’s jurisdiction. Fi- Mr. Speaker, I do think it is impor- gressional District, about how they are nally, the bill requires quarterly up- tant when we talk about Operation struggling to cope. I hear from parents dates on these plans through the end of Warp Speed and we talk about the juggling full-time jobs while schooling the pandemic. This, of course, pre- promise of vaccines, that we remind their children; from small business sumes a resurgence of the pandemic, ourselves that not all vaccines are cu- owners scraping to pay their bills and which we hope will not happen. rative. In fact, many vaccines exist to worried they may have to shut their In discussing this bill, we would be lessen the severity of the illness that doors forever; from healthcare workers remiss if we did not commend the work could follow. forced to use and reuse their PPE, the the Federal agencies and their work- We are 100 years after the Spanish personal protective equipment that force have already done and continue flu, and we still don’t have a cure for keeps them safe—for up to an entire to do combating COVID–19 across our the flu. We have an annual vaccine to week because of ongoing shortages of Nation. lessen the severity of the illness should supplies; from city mayors and village We should recognize the progress we you get it and to prevent it in some presidents forced into cutting essential have made as a nation in fighting this cases, but not a cure. services and laying off critical work- global pandemic. Thanks to this ad- We have been grappling with AIDS ers; from individuals of all ages and in ministration’s leadership, we are see- for over 40 years. We don’t have a drug all stages of life concerned about their ing continual progress in the or a vaccine that completely cures future and the future of our country. coronavirus fight. AIDS. With the timeline for rolling out a The President’s Cabinet and agency So when we talk to the American safe and effective vaccine still un- leaders have been constantly evalu- public, we have to be careful about the known, it is imperative that the gov- ating the pandemic and making deci- implied promise or explicit promise ernment develop and implement com- sions in real time, with the safety of those of us in public life make. prehensive strategies for beating back the Federal workforce and the Amer- That is why I think Mr. SCHNEIDER’s this virus and mitigating its effect on ican public as their primary goal. bill and Mr. KATKO’s bill is so impor- our healthcare system, on our econ- As our collective knowledge of tant. In the event we don’t have a vac- omy, and our lives and our livelihoods. COVID–19 evolves, Congress needs to cine that is efficacious, we need to This is not about politics. Congress ensure that the legislation we advance have contingency planning. and the administration must work to- empowers Federal agencies to make Mr. Speaker, I yield 5 minutes to the gether to provide immediate relief to these critical real-time decisions. Con- gentleman from Illinois (Mr. SCHNEI- those suffering now and get us on a gress needs to be careful about contin- DER), the author of this bill and my path to full recovery as soon as pos- ually laying on new reporting require- friend. sible. ments to already-strained Federal Mr. SCHNEIDER. Mr. Speaker, I We can’t get there by ignoring our agencies. thank the gentleman from Virginia challenges or by wishing them away. b 1300 (Mr. CONNOLLY), my friend, for yielding We can only get to the other side of me the time. These agencies are currently respon- these crises with clear-eyed assessment I rise today in support of the COVID sible to congressional oversight, and and realistic, fact-based, science-driven PREPARE Act, H.R. 7496. new, broadly defined reporting require- solutions. As I stand here, our Nation stands at ments can have the unintended con- These are the ideas that lie behind more than 7 million Americans consequences of redirecting scarce agency the COVID PREPARE Act. This is bi- firmed infected with the SARS-Cov-2 resources during a national emergency. partisan, commonsense legislation, virus and more than 206,000 American H.R. 7496 requires, within 30 days of crafted with my friend JOHN KATKO, to lives lost to COVID–19. the legislation’s enactment, that every assure the American people that their The scale and scope of this pandemic Federal agency communicates plans to Federal Government is fully prepared is unprecedented in American history, Congress for how they will handle the to address this ever-changing public causing dual national crises: one of unthinkable; this pandemic worsening. health crisis and economic crisis. The bill’s language is broad, and we public health, the other of economic This legislation would require Fed- didn’t have the opportunity to fully en- calamity. eral agencies to submit to Congress gage in debate on what it means and Over the past 6 months, the pandemic their plans for addressing surges of what metrics we are using. has affected all of us, putting our loved COVID–19, anticipating a potential in- Legislation like this could have bene- ones at risk, overwhelming our crease in infections and even greater fited from additional work in our com- healthcare systems, keeping our kids demands on our healthcare system and mittee to clarify its intentions. out of school, devastating our busi- pressure on our economy. Fortunately, the agencies already nesses, and pushing State and local Trying to anticipate the unforeseen have plans in place, and we hope the re- governments to the brink. is always a difficult task, but any num- surgence action plans envisioned by Most experts agree that things are ber of our ills—from shortages of PPE, this bill won’t be needed. likely to get worse before they get bet- to nationwide testing strategies, to Thanks to the administration’s Oper- ter. According to Reuters, for the week school reopening protocols—could be at ation Warp Speed, the American people ending September 27, total new cases least partially cured by thoughtful are optimistic that the Food and Drug are up 10 percent from the prior week. planning and careful preparation. Administration will shortly announce Daily new cases are again rising, with The COVID PREPARE Act will pro- a safe and effective vaccine. The New York Times reporting a 23 vide bipartisan oversight and full In the meantime, we need to work in percent increase in average daily cases transparency in both the planning and Congress to assure that Federal agen- over 2 weeks ago. And The Times shows execution of our national response. cies are able to remain fully focused on that more than half of U.S. States al- The goal of this legislation is not to handling their present work and chal- ready have high rates of infection—at tell our Federal agencies what to do. lenges so that we can stop this virus. least 15 cases per 100,000 population—or Rather, this bill provides the American Our constituents sent us here to are concerningly facing rising rates of people transparency and confidence work together, put partisanship aside, infection. that their government is putting their

VerDate Sep 11 2014 13:02 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\K30SE7.048 H30SEPT1 SSpencer on DSK126QN23PROD with HOUSE September 30, 2020 CONGRESSIONAL RECORD — HOUSE H5077 needs and the needs of our Nation front SECTION 1. SHORT TITLE. in the United States protected under the and center; that the government is an- This Act may be cited as the United States Constitution. ticipating what resources and re- ‘‘Transnational White Supremacist Extre- The SPEAKER pro tempore. Pursu- sponses will be required in the imme- mism Review Act’’. ant to the rule, the gentlewoman from diate, middle, and long-term battle SEC. 2. THREAT ASSESSMENT. Illinois (Ms. UNDERWOOD) and the gen- against COVID; and that we are taking (a) IN GENERAL.—The Under Secretary for tleman from Pennsylvania (Mr. JOYCE) Intelligence and Analysis of the Department each will control 20 minutes. the necessary steps at the Federal level of Homeland Security shall, in coordination to maximize our likelihood of national The Chair recognizes the gentle- with appropriate Federal partners, develop a woman from Illinois. success. terrorism threat assessment and reference In a time of such great uncertainty, aid regarding threats to the United States GENERAL LEAVE any reassurances we can provide our associated with foreign violent white su- Ms. UNDERWOOD. Mr. Speaker, I country should and will be a welcome premacist extremist organizations. Con- ask unanimous consent that all Mem- salve. sistent with the protection of classified and bers may have 5 legislative days to re- I will say it again: ending the pan- confidential unclassified information, the vise and extend their remarks and to demic should not, should not be a par- Under Secretary shall share the threat as- include extraneous material on this sessment developed under this section with measure. tisan issue. We need to move forward State, local, and Tribal law enforcement offi- together, Democrats and Republicans. The SPEAKER pro tempore. Is there cials, including officials who operate within objection to the request of the gentle- My bill seeks to do just that, and to State, local, and regional fusion centers take an aggressive approach to tack- through the Department of Homeland Secu- woman from Illinois? ling this urgent public health crisis. rity State, Local, and Regional Fusion Cen- There was no objection. We can certainly hope for the best, ter Initiative established in accordance with Ms. UNDERWOOD. Mr. Speaker, I but we must responsibly prepare for section 210A of the Homeland Security Act of yield myself as much time as I may the worst. 2002 (6 U.S.C. 124h). consume. Mrs. MILLER. Mr. Speaker, I have no (b) COORDINATION.—The threat assessment Mr. Speaker, the government’s latest further speakers, and I am prepared to and reference aid developed pursuant to sub- reports describe violence by white su- section (a)— close. premacists as a significant terrorist (1) shall be developed in coordination with threat to the homeland. Mr. Speaker, I have no further com- the Office of Civil Rights and Civil Liberties ments on this legislation, and I yield In fact, it was recently reported that of the Department of Homeland Security and DHS analysts assessed ‘‘the threat back the balance of my time. other appropriate Federal agencies; and Mr. CONNOLLY. Mr. Speaker, I (2) may be informed by existing products from white supremacists as the dead- would just simply close by reminding developed by such Office and agencies, as ap- liest domestic terror threat facing the everybody that bad planning exacer- propriate. U.S.’’ bated greatly the severity and duration (c) OVERVIEW.—The threat assessment and Further, this past week, a DHS offi- of this pandemic. And if we have reference aid shall include an overview of cial testified before a Senate com- learned anything, we have learned that symbols, flags, or other references utilized mittee that attacks by white suprema- by adherents of foreign violent white su- cists are on average the most lethal of we need to plan, we need to have a premacist extremist organizations. plan, and that is certainly true with domestic terrorist actors. (d) DISTRIBUTION.—Consistent with the pro- This statement came on the heels of our Federal agencies. tection of classified and confidential unclas- I believe this bill is a commonsense sified information, the Under Secretary for testimony before the Senate Homeland bill that will add to our capability to Intelligence and Analysis of the Department Security and Governmental Affairs respond quickly in the event of a resur- of Homeland Security shall share the threat Committee by FBI Director Chris- gence of the coronavirus, and I urge its assessment and reference aid with the fol- topher Wray, who stated that racially- passage. lowing: motivated violent extremists are ‘‘the Mr. Speaker, I yield back the balance (1) State, local, and Tribal law enforce- most lethal of all domestic extrem- ment officials, including officials who oper- of my time. ists,’’ and that white supremacists are ate within State, local, and regional fusion the number one threat within that The SPEAKER pro tempore (Mr. centers through the Department of Home- HECK). The question is on the motion land Security State, Local, and Regional Fu- group. offered by the gentleman from Virginia sion Center Initiative established in accord- We have also seen evidence that this (Mr. CONNOLLY) that the House suspend ance with section 210A of the Homeland Se- threat is increasingly linked to indi- the rules and pass the bill, H.R. 7496, as curity Act of 2002 (6 U.S.C. 124h). viduals and groups abroad. amended. (2) Appropriate owners and operators of on- Last year, the perpetrators of terror The question was taken; and (two- line platforms to assist in identifying con- attacks in El Paso, Texas, and Poway, thirds being in the affirmative) the tent that may be associated with a foreign California, drew inspiration from the violent white supremacist extremist organi- deadly white supremacist attack in rules were suspended and the bill, as zation that may violate the terms of service amended, was passed. Christchurch, New Zealand. of such online platforms, upon request from There are indications that the links A motion to reconsider was laid on such online platforms and in consultation the table. with the Office of Civil Rights and Civil Lib- go beyond mere inspiration. Reports have documented that white f erties of the Department. (e) DEFINITIONS.—In this section: supremacists have traveled inter- TRANSNATIONAL WHITE SU- (1) FOREIGN VIOLENT WHITE SUPREMACIST nationally to train with neo-Nazi mili- PREMACIST EXTREMISM REVIEW EXTREMIST ORGANIZATION.—The term ‘‘for- tant groups in war zone environments. ACT eign violent white supremacist extremist or- By some accounts, white supremacist Ms. UNDERWOOD. Mr. Speaker, I ganization’’ means an organization based groups are drawing on jihadist tactics move to suspend the rules and pass the outside the United States that seeks, wholly to organize, and the threat they pose is or in part, through unlawful acts of force or bill (H.R. 5736) to direct the Under Sec- no less deadly. violence, to support a belief in the intellec- The Transnational White Suprema- retary for Intelligence and Analysis of tual and moral superiority of the white race the Department of Homeland Security over other races. cist Extremism Review Act would re- to develop and disseminate a threat as- (2) ONLINE PLATFORM.—The term ‘‘online quire the Department of Homeland Se- sessment regarding threats to the platform’’ means internet-based information curity to disseminate a terrorist threat United States associated with foreign services consisting of the storage and proc- assessment regarding foreign, violent violent white supremacist extremist essing of information by and at the request white supremacist extremist groups to organizations, and for other purposes, of a content provider and the dissemination State and local law enforcement part- of such content to third parties. as amended. ners. (f) LIMITATION.—The Under Secretary for The Clerk read the title of the bill. The bill also authorizes DHS to share Intelligence and Analysis of the Department information regarding symbols used by The text of the bill is as follows: of Homeland Security shall ensure that the H.R. 5736 threat assessment and reference aid does not such groups with social media compa- Be it enacted by the Senate and House of Rep- contain the name or other identifiable infor- nies to assist in efforts to identify con- resentatives of the United States of America in mation of any individual or organization en- tent that may violate their terms of Congress assembled, gaged in lawful political or public discourse service.

VerDate Sep 11 2014 13:02 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\K30SE7.050 H30SEPT1 SSpencer on DSK126QN23PROD with HOUSE H5078 CONGRESSIONAL RECORD — HOUSE September 30, 2020 The bill includes vital civil rights ing with more frequent and cata- els is equipped with the best available and civil liberties safeguards to protect strophic natural disasters. information. This bill makes sure that First Amendment rights. Sadly, though, amidst all of this, ter- our frontline responders in the law en- The first step in confronting a threat rorism does not stop. The homeland se- forcement community have just that. is making sure that the people on the curity threat posed by white suprema- It is endorsed by the ADL, an expert front lines have the information they cist extremists is pervasive and per- advocacy group that has tracked the need to understand it. sistent. Extremists exploit such crises white supremacist threat for decades. When it comes to the white suprema- as we are in right now. Often, this in- It is also endorsed by the Blue Dog Co- cist threat, that is exactly what this volves the targeting of the most vul- alition, a group that looks past par- bill would do. nerable in society. tisanship and advocates for common- Mr. Speaker, I urge my colleagues to Earlier this year, the Directors of the sense national security solutions. support this legislation, and I reserve FBI and the National Counterterrorism Mr. Speaker, I urge my colleagues to the balance of my time. Center testified before our committee vote ‘‘yes’’ on its passage. regarding the unrelenting nature of b 1315 Mr. JOYCE of Pennsylvania. Mr. bad actors during times like these. Speaker, I urge a ‘‘yes’’ vote on the Mr. JOYCE of Pennsylvania. Mr. Both testified to the significant home- bill, and I yield back the balance of my Speaker, I yield myself such time as I land security threat posed by racially time. may consume. motivated domestic actors, primarily Ms. UNDERWOOD. Mr. Speaker, I I rise today in strong support of H.R. white supremacist extremists. yield myself such time as I may con- 5736, the Transnational White Su- In my capacity as chair of the Intel- sume. premacist Extremism Review Act. ligence and Counterterrorism Sub- As the surge in white supremacist ex- H.R. 5736 requires the Department of committee, I have joined with my col- tremist attacks in the United States Homeland Security Undersecretary for leagues to raise the alarm about this and around world puts all of us at risk, Intelligence and Analysis, I&A, to co- threat. In carrying out my work on the I commend my committee colleague ordinate with Federal partners and de- committee, I have identified a common Mr. ROSE for introducing this legisla- velop a terrorism threat assessment theme. And that is, plain and simple, tion, and I urge passage. concerning homeland threats related to that this white supremacist domestic Mr. Speaker, I yield back the balance ‘‘foreign violent white supremacist ex- terrorist problem is, in fact, not do- of my time. tremist organizations.’’ mestic at all. It is global in nature. The SPEAKER pro tempore. The This bill further requires I&A to Look no further than the deadly at- question is on the motion offered by share the information with State and tacks in El Paso, Texas, and Poway, the gentlewoman from Illinois (Ms. local law enforcement partners, as well California, last year. The U.S. experi- UNDERWOOD) that the House suspend as fusion centers. Ensuring that State enced firsthand the ramifications of an the rules and pass the bill, H.R. 5736, as and local law enforcement and fusion international white supremacist move- amended. centers have access to information on ment when two domestic actors inde- The question was taken; and (two- current and emerging threats is a fun- pendently drew inspiration from the thirds being in the affirmative) the damental responsibility of the Depart- foreign terrorists who committed the rules were suspended and the bill, as ment of Homeland Security, particu- Christchurch, New Zealand, attack. amended, was passed. larly the Office of Intelligence and Troublingly, there are reports that A motion to reconsider was laid on Analysis. white supremacist groups have adapted the table. The Trump administration has taken recruitment tactics and begun using f significant action to address domestic training camps modeled after jihadist extremism, including white supremacy. groups like al-Qaida and ISIS. SAFE COMMUNITIES ACT OF 2020 The creation of the Office of Targeted Just last week, a former Trump ad- Ms. UNDERWOOD. Mr. Speaker, I Violence and Terrorism Prevention in ministration counterterrorism official move to suspend the rules and pass the April 2019 and the release of the DHS confirmed that training by foreign bill (H.R. 5780) to enhance stakeholder Strategic Framework for Countering groups is happening when she acknowl- outreach to and operational engage- Terrorism and Targeted Violence in edged that there have been instances ment with owners and operators of September 2019 demonstrate a coordi- when our foreign counterterrorism critical infrastructure and other rel- nated and comprehensive commitment partners have alerted us to the fact evant stakeholders by the Cybersecu- to addressing emerging threats in both that U.S. citizens were in their coun- rity and Infrastructure Security Agen- international and domestic terrorism. tries to conduct trainings or partici- cy to bolster security against acts of Subcommittee Ranking Member pate in trainings with white suprema- terrorism and other homeland security WALKER led our efforts to negotiate cist movements. threats, including by maintaining a changes to the base bill during the These foreign partners told this clearinghouse of security guidance, committee markup. I want to thank former official that the U.S. is an ex- best practices, and other voluntary Subcommittee Chairman ROSE for ac- porter of this ideology and must ad- content developed by the Agency or ag- cepting our changes to the bill. I urge dress this problem. gregated from trusted sources, and for its passage, and I reserve the balance of This is exactly what this bill today other purposes, as amended. my time. seeks to address, a bill designed to send The Clerk read the title of the bill. Ms. UNDERWOOD. Mr. Speaker, I a message to our foreign partners that The text of the bill is as follows: yield as much time as he may consume Congress hears them and is taking ac- H.R. 5780 to the gentleman from New York (Mr. tion. Be it enacted by the Senate and House of Rep- ROSE), the sponsor of this bill. This bill would require DHS to resentatives of the United States of America in Mr. ROSE of New York. Mr. Speaker, produce and circulate a threat assess- Congress assembled, I thank the gentlewoman from Illinois ment on foreign violent white suprema- SECTION 1. SHORT TITLE. for yielding her time. cist extremist groups to local law en- This Act may be cited as the ‘‘Safe Com- Mr. Speaker, I rise in support of my forcement. It would also push social munities Act of 2020’’. bill, H.R. 5736, the Transnational White media companies to do so much more SEC. 2. RESPONSIBILITIES OF CISA DIRECTOR Supremacist Review Act. in addressing this threat. Crucially, RELATING TO SECURITY RE- Today, our country faces a wide this bill includes civil rights and civil SOURCES CLEARINGHOUSE. range of complex threats to our safety, liberty safeguards as well. Subsection (c) of section 2202 of the Home- our security, and our way of life. Not Countering white supremacy will re- land Security Act of 2002 (6 U.S.C. 652) is only are American families having to quire a whole-of-society approach, edu- amended— (1) by redesignating paragraphs (6) through keep their communities safe and their cation, awareness, and so on. (11) as paragraphs (7) through (12), respec- economy together in the face of Through our work on this com- tively; and COVID, but in large swaths of the mittee, we found that Americans stay (2) by inserting after paragraph (5) the fol- country, they are doing so while deal- safest when law enforcement at all lev- lowing new paragraph:

VerDate Sep 11 2014 13:02 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K30SE7.052 H30SEPT1 SSpencer on DSK126QN23PROD with HOUSE September 30, 2020 CONGRESSIONAL RECORD — HOUSE H5079 ‘‘(6) maintain a clearinghouse for owners (10) A description of how to prioritize en- Illinois (Ms. UNDERWOOD) and the gen- and operators of critical infrastructure and gagement with critical infrastructure sec- tleman from Pennsylvania (Mr. JOYCE) other relevant stakeholders to access secu- tors based on threat information and the ca- each will control 20 minutes. rity guidance, best practices, and other vol- pacity of such sectors to mitigate such The Chair recognizes the gentle- untary content developed by the Agency in a threats manner consistent with the requirements of (c) STAKEHOLDER INPUT.—In issuing the woman from Illinois. section 508 of the Rehabilitation Act of 1973 stakeholder outreach and operational en- GENERAL LEAVE (29 U.S.C. 794d) and the Plain Writing Act of gagement strategy required under subsection Ms. UNDERWOOD. Mr. Speaker, I 2010 (5 U.S.C. note) or aggregated from trust- (a), the Director of the Cybersecurity and In- ask unanimous consent that all Mem- ed sources;’’. frastructure Security Agency of the Depart- bers may have 5 legislative days to re- ment of Homeland Security shall, to the ex- SEC. 3. STAKEHOLDER OUTREACH AND OPER- vise and extend their remarks and to ATIONAL ENGAGEMENT STRATEGY. tent practicable, solicit input from stakeholders representing the following: include extraneous material on this (a) STRATEGY.—Not later than 180 days measure. after the date of the enactment of this Act, (1) Each of the critical infrastructure sectors. The SPEAKER pro tempore. Is there the Director of the Cybersecurity and Infra- objection to the request of the gentle- structure Security Agency of the Depart- (2) Critical infrastructure owners and oper- ment of Homeland Security shall issue a ators located in each region in which the woman from Illinois? strategy to improve stakeholder outreach Agency maintains a field office. There was no objection. (d) IMPLEMENTATION PLAN.—Not later than and operational engagement that includes Ms. UNDERWOOD. Mr. Speaker, I 90 days after issuing the stakeholder out- the Agency’s strategic and operational goals yield myself such time as I may con- reach and operational engagement strategy and priorities for carrying out stakeholder required under subsection (a), the Director of sume. engagement activities. the Cybersecurity and Infrastructure Secu- Mr. Speaker, I rise today in strong (b) CONTENTS.—The stakeholder outreach rity Agency of the Department of Homeland support of H.R. 5780, the Safe Commu- and operational engagement strategy issued Security shall issue an implementation plan nities Act. under subsection (a) shall include the fol- for the strategy that includes the following: Last month, a teenager from my dis- lowing: (1) Strategic objectives and corresponding trict in Antioch, Illinois, went to Keno- (1) A catalogue of the stakeholder engage- tasks for protective security advisor and cy- ment activities and services delivered by sha, Wisconsin, where he allegedly bersecurity advisor workforce development, killed two people with an AR–15-style protective security advisors and cybersecu- training, and retention plans. rity advisors of the Cybersecurity and Infra- (2) Projected timelines, benchmarks, and rifle. structure Security Agency of the Depart- resource requirements for such tasks. The next day, I heard from another ment of Homeland Security, including the (3) Metrics to evaluate the performance of constituent, a mother who lives in the locations of the stakeholder engagement and such tasks. alleged shooter’s hometown. She wrote: services delivered and the critical infrastruc- (e) CONGRESSIONAL OVERSIGHT.—Upon ‘‘There is a militia cell in Antioch that ture sectors (as such term is defined in sec- issuance of the implementation plan re- is becoming more and more tion 2001(3) of the Homeland Security Act of quired under subsection (d), the Director of 2002 (6 U.S.C. 601(3)) involved. emboldened to take the law into their the Cybersecurity and Infrastructure Secu- own hands. I am becoming fearful to (2) An assessment of the capacity of pro- rity Agency of the Department of Homeland grams of the Agency to deploy protective se- Security, shall submit to the Committee on send my children to the same schools curity advisors and cybersecurity advisors, Homeland Security of the House of Rep- at white supremacist militia mem- including the adequacy of such advisors to resentatives and the Committee on Home- bers.’’ meet service requests and the ability of such land Security and Governmental Affairs of I share my constituents’ concerns advisors to engage with and deliver services the Senate the stakeholder outreach and with the rise of domestic violent extre- to stakeholders in urban, suburban, and operational engagement strategy required mism in this country. FBI Director rural areas. under subsection (a) and the implementation Wray recently testified before the (3) Long-term objectives of the protective plan required under subsection (b), together security advisor and cybersecurity advisor with any other associated legislative or House Homeland Security Committee programs, including cross-training of the budgetary proposals relating thereto. that white supremacist extremists are protective security advisor and cybersecu- SEC. 4. INFORMATION PROVIDED BY PROTEC- a leading threat to our Nation. rity advisor workforce to optimize the capa- TIVE SECURITY ADVISORS. I believe we must do more to address bilities of such programs and capacity goals. The Director of the Cybersecurity and In- the root causes of violent behavior, and (4) A description of programs, policies, and frastructure Security Agency of the Depart- I look forward to continuing to work activities used to carry out such stakeholder ment of Homeland Security shall ensure, to with my colleagues in Congress to engagement activities and services under the greatest extent practicable, protective make America a place where racism, paragraph (1). security advisors of the Agency are dissemi- (5) Resources and personnel necessary to nating homeland security information on misogyny, and other forms of hate can effectively support critical infrastructure voluntary programs and services of the De- no longer flourish. owners and operators and, as appropriate, partment of Homeland Security, including Meanwhile, in the face of extremist other entities, including non-profit organiza- regarding the Nonprofit Security Grant Pro- threats like these, we must take imme- tions, based on current and projected de- gram, to bolster security and terrorism resil- diate action to secure our critical in- mand for Agency services. ience. frastructure and make soft targets less (6) Guidance on how outreach to critical SEC. 5. PROTECTIVE SECURITY ADVISOR FORCE vulnerable to attack. infrastructure owners and operators in a re- MULTIPLIER PILOT PROGRAM. In addition to domestic extremists, gion should be prioritized. (a) IN GENERAL.—Not later than one year (7) Plans to ensure that stakeholder en- after the date of the enactment of this Act, our suburban and rural communities gagement field personnel of the Agency have the Director of the Cybersecurity and Infra- face too many other threats of mass vi- a clear understanding of expectations for en- structure Security Agency of the Depart- olence. Just last year, five of our gagement within each critical infrastructure ment of Homeland Security shall establish a neighbors, four of whom were my con- sector and subsector, whether during steady one-year pilot program for State, local, Trib- stituents, were killed by an act of gun state or surge capacity. al, and territorial law enforcement agencies violence at the Henry Pratt Company (8) Metrics for measuring the effectiveness and appropriate government officials to be trained by protective security advisors of the in Aurora, Illinois. Our workplaces, of stakeholder engagement activities and schools, and places of worship are far services under paragraph (1), including Agency regarding carrying out security vul- mechanisms to track regional engagement of nerability or terrorism risk assessments of too vulnerable to mass shootings and field personnel of the Agency with critical facilities. other forms of targeted violence. This infrastructure owners and operators, and (b) REPORT.—Not later than 90 days after bill seeks to fix that. how frequently such engagement takes the completion of the pilot program under Rural and suburban communities place. subsection (a), the Director of the Cybersecu- like mine in northern Illinois are in- (9) Plans for awareness campaigns to famil- rity and Infrastructure Security Agency of creasingly targets of violence but often the Department of Homeland Security shall iarize owners and operators of critical infra- don’t have access to the Federal restructure with security resources and sup- report on such pilot program to the Com- mittee on Homeland Security of the House of sources they need to protect them- port offered by the Cybersecurity and Infra- selves. That is why I introduced H.R. structure Security Agency, including the Representatives and the Committee on clearinghouse maintained pursuant to para- Homeland Security and Governmental Af- 5780, the Safe Communities Act of 2020, graph (6) of section 2202(c) of the Homeland fairs of the Senate. bipartisan legislation to help better Security Act of 2002 (6 U.S.C. 652(c)), as The SPEAKER pro tempore. Pursu- protect soft targets in communities added by section 2. ant to the rule, the gentlewoman from like mine.

VerDate Sep 11 2014 13:02 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\A30SE7.019 H30SEPT1 SSpencer on DSK126QN23PROD with HOUSE H5080 CONGRESSIONAL RECORD — HOUSE September 30, 2020 The Cybersecurity and Infrastructure Ms. UNDERWOOD. Mr. Speaker, I cybersecurity risks and cybersecurity Security Agency’s protective security yield myself such time as I may con- threats to information systems of State, advisers help improve security at sume. local, Tribal, or territorial governments (re- schools, places of worship, and other ferred to as the ‘State and Local Cybersecu- Last week, I was appointed as the rity Grant Program’ in this section). soft targets, but there are too few of new chair of the Subcommittee on Cy- ‘‘(b) BASELINE REQUIREMENTS.—A grant them to meet the demand of their serv- bersecurity, Infrastructure Protection, awarded under this section shall be used in ices. and Innovation of the Homeland Secu- compliance with the following: H.R. 5780 would require CISA to rity Committee. It is a great honor and ‘‘(1) The Cybersecurity Plan required under maintain an online security resources opportunity for me to amplify the subsection (d) and approved pursuant to sub- clearinghouse to provide security guid- section (g). homeland security concerns of the peo- ‘‘(2) The Homeland Security Strategy to ance and best practices, serving as a ple of Illinois’ 14th Congressional Dis- one-stop shop for school districts, reli- Improve the Cybersecurity of State, Local, trict here in Washington. Tribal, and Territorial Governments re- gious organizations, and local officials b 1330 quired in accordance with section 2210, when to find the information they need to issued. keep their communities safe. My constituents are concerned about ‘‘(c) ADMINISTRATION.—The State and Local The bill would also require CISA to the vulnerability of so-called soft tar- Cybersecurity Grant Program shall be ad- develop a stakeholder outreach and gets to violence. CISA, which is over- ministered in the same program office that operational engagement strategy and seen by my subcommittee, has a crit- administers grants made under sections 2003 and 2004. implementation plan to ensure that ical role to play to empower commu- the Agency is delivering infrastructure ‘‘(d) ELIGIBILITY.— nities to be more secure and resilient ‘‘(1) IN GENERAL.—A State applying for a security services across sectors and against ever-increasing lists of home- grant under the State and Local Cybersecu- throughout regions. land security threats. rity Grant Program shall submit to the Sec- Finally, H.R. 5780 would authorize a I am committed to ensuring the suc- retary a Cybersecurity Plan for approval. PSA force multiplier pilot program, cess of the PSA program, and I look Such plan shall— which would require CISA PSAs to ‘‘(A) incorporate, to the extent practicable, forward to working with CISA to make train State, local, Tribal, and terri- any existing plans of such State to protect sure that every community can benefit torial officials to perform security vul- against cybersecurity risks and cybersecu- from it. Enactment of the Safe Com- nerability and terrorism risk assess- rity threats to information systems of State, ments. These risk assessments are an munities Act of 2020 will help CISA local, Tribal, or territorial governments; ‘‘(B) describe, to the extent practicable, important part of qualifying for think more strategically about how it deploys PSAs and other services and do how such State shall— FEMA’s security grants; the force mul- ‘‘(i) enhance the preparation, response, and tiplier program will help expand access so in a way that will scale. Mr. Speaker, I urge my colleagues to resiliency of information systems owned or to them. operated by such State or, if appropriate, by I am proud that the Safe Commu- support the measure, and I yield back local, Tribal, or territorial governments, nities Act of 2020 has been endorsed by the balance of my time. against cybersecurity risks and cybersecu- the Jewish Federations of North Amer- The SPEAKER pro tempore. The rity threats; ica and the Anti-Defamation League. question is on the motion offered by ‘‘(ii) implement a process of continuous cy- I would like to thank my colleague, the gentlewoman from Illinois (Ms. bersecurity vulnerability assessments and Mr. KATKO, for joining me in intro- UNDERWOOD) that the House suspend threat mitigation practices prioritized by de- ducing this measure. I am grateful for the rules and pass the bill, H.R. 5780, as gree of risk to address cybersecurity risks his collaboration and leadership as amended. and cybersecurity threats in information systems of such State, local, Tribal, or terri- ranking member of the Subcommittee The question was taken; and (two- torial governments; on Cybersecurity, Infrastructure Pro- thirds being in the affirmative) the ‘‘(iii) ensure that State, local, Tribal, and tection, and Innovation. rules were suspended and the bill, as territorial governments that own or operate I want to extend my sincere apprecia- amended, was passed. information systems within the State adopt tion to the Homeland Security Com- A motion to reconsider was laid on best practices and methodologies to enhance mittee staff for their work on this leg- the table. cybersecurity, such as the practices set forth in the cybersecurity framework developed by islation. f I urge my colleagues on both sides of the National Institute of Standards and the aisle to support this legislation STATE AND LOCAL CYBERSECU- Technology; today to make sure every community RITY IMPROVEMENT ACT ‘‘(iv) promote the delivery of safe, rec- in America has the resources it needs ognizable, and trustworthy online services Ms. UNDERWOOD. Mr. Speaker, I by State, local, Tribal, and territorial gov- to keep people safe. move to suspend the rules and pass the ernments, including through the use of the I urge my colleagues to support H.R. bill (H.R. 5823) to establish a program .gov internet domain; 5780, and I reserve the balance of my to make grants to States to address cy- ‘‘(v) mitigate any identified gaps in the time. bersecurity risks and cybersecurity State, local, Tribal, or territorial govern- Mr. JOYCE of Pennsylvania. Mr. threats to information systems of ment cybersecurity workforces, enhance re- Speaker, I yield myself such time as I State, local, Tribal, or territorial gov- cruitment and retention efforts for such may consume. workforces, and bolster the knowledge, I rise in support of H.R. 5780. This bill ernments, and for other purposes, as skills, and abilities of State, local, Tribal, makes the great work done by the Cy- amended. and territorial government personnel to ad- bersecurity and Infrastructure Secu- The Clerk read the title of the bill. dress cybersecurity risks and cybersecurity rity Agency more accessible to stake- The text of the bill is as follows: threats; H.R. 5823 ‘‘(vi) ensure continuity of communications holders. and data networks within such State be- Be it enacted by the Senate and House of Rep- CISA provides advice and rec- tween such State and local, Tribal, and terri- resentatives of the United States of America in ommendations upon the request of crit- torial governments that own or operate in- Congress assembled, ical infrastructure owners and opera- formation systems within such State in the tors on how to secure and protect their SECTION 1. SHORT TITLE. event of an incident involving such commu- facilities in cyberspace and physically. This Act may be cited as the ‘‘State and nications or data networks within such This bill will help stakeholders clear- Local Cybersecurity Improvement Act’’. State; ly know what CISA can do. Continuing SEC. 2. STATE AND LOCAL CYBERSECURITY ‘‘(vii) assess and mitigate, to the greatest to develop the relationship between GRANT PROGRAM. degree possible, cybersecurity risks and cy- CISA and our private stakeholders re- (a) IN GENERAL.—Subtitle A of title XXII of bersecurity threats related to critical infra- the Homeland Security Act of 2002 (6 U.S.C. mains an integral piece of our critical structure and key resources, the degradation 651 et seq.) is amended by adding at the end of which may impact the performance of in- infrastructure security. the following new sections: formation systems within such State; NDERWOOD I thank Representatives U ‘‘SEC. 2215. STATE AND LOCAL CYBERSECURITY ‘‘(viii) enhance capability to share cyber and KATKO for their bill. GRANT PROGRAM. threat indicators and related information be- Mr. Speaker, I urge a ‘‘yes’’ vote on ‘‘(a) ESTABLISHMENT.—The Secretary, act- tween such State and local, Tribal, and terri- the bill, and I yield back the balance of ing through the Director, shall establish a torial governments that own or operate in- my time. program to make grants to States to address formation systems within such State; and

VerDate Sep 11 2014 13:02 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\K30SE7.055 H30SEPT1 SSpencer on DSK126QN23PROD with HOUSE September 30, 2020 CONGRESSIONAL RECORD — HOUSE H5081 ‘‘(ix) develop and coordinate strategies to ‘‘(B) such State certifies to the Secretary ‘‘(A) not less than 80 percent of funds avail- address cybersecurity risks and cybersecu- that the activities that will be supported by able under such grant; rity threats in consultation with— such grant are integral to the development ‘‘(B) with the consent of such local, Tribal, ‘‘(I) local, Tribal, and territorial govern- of such Cybersecurity Plan; or and territorial governments, items, services, ments within the State; and ‘‘(C) such State certifies to the Secretary, capabilities, or activities having a value of ‘‘(II) as applicable— and the Director confirms, that the activi- not less than 80 percent of the amount of the ‘‘(aa) neighboring States or, as appro- ties that will be supported by the grant will grant; or priate, members of an information sharing address imminent cybersecurity risks or cy- ‘‘(C) with the consent of the local, Tribal, and analysis organization; and bersecurity threats to the information sys- and territorial governments, grant funds ‘‘(bb) neighboring countries; and tems of such State or of a local, Tribal, or combined with other items, services, capa- ‘‘(C) include, to the extent practicable, an territorial government in such State. bilities, or activities having the total value inventory of the information technology de- ‘‘(h) LIMITATIONS ON USES OF FUNDS.— of not less than 80 percent of the amount of ployed on the information systems owned or ‘‘(1) IN GENERAL.—A State that receives a the grant. operated by such State or by local, Tribal, or grant under this section may not use such ‘‘(3) CERTIFICATIONS REGARDING DISTRIBU- territorial governments within such State, grant— TION OF GRANT FUNDS TO LOCAL, TRIBAL, TER- including legacy information technology ‘‘(A) to supplant State, local, Tribal, or RITORIAL GOVERNMENTS.—A State shall cer- that is no longer supported by the manufac- territorial funds; tify to the Secretary that the State has turer. ‘‘(B) for any recipient cost-sharing con- made the distribution to local, Tribal, and ‘‘(e) PLANNING COMMITTEES.— tribution; territorial governments required under para- ‘‘(1) IN GENERAL.—A State applying for a ‘‘(C) to pay a demand for ransom in an at- graph (2). grant under this section shall establish a cy- tempt to regain access to information or an ‘‘(4) EXTENSION OF PERIOD.—A State may bersecurity planning committee to assist in information system of such State or of a request in writing that the Secretary extend the following: local, Tribal, or territorial government in the period of time specified in paragraph (2) ‘‘(A) The development, implementation, such State; for an additional period of time. The Sec- and revision of such State’s Cybersecurity ‘‘(D) for recreational or social purposes; or retary may approve such a request if the Plan required under subsection (d). ‘‘(E) for any purpose that does not directly Secretary determines such extension is nec- ‘‘(B) The determination of effective fund- address cybersecurity risks or cybersecurity essary to ensure the obligation and expendi- ing priorities for such grant in accordance threats on an information systems of such ture of grant funds align with the purpose of with subsection (f). State or of a local, Tribal, or territorial gov- the grant program. ‘‘(2) COMPOSITION.—Cybersecurity planning ernment in such State. ‘‘(5) EXCEPTION.—Paragraph (2) shall not committees described in paragraph (1) shall ‘‘(2) PENALTIES.—In addition to other rem- apply to the District of Columbia, the Com- be comprised of representatives from coun- edies available, the Secretary may take such monwealth of Puerto Rico, American Samoa, ties, cities, towns, and Tribes within the actions as are necessary to ensure that a re- the Commonwealth of the Northern Mariana State receiving a grant under this section, cipient of a grant under this section is using Islands, Guam, or the Virgin Islands. including, as appropriate, representatives of such grant for the purposes for which such ‘‘(6) DIRECT FUNDING.—If a State does not rural, suburban, and high-population juris- grant was awarded. make the distribution to local, Tribal, or dictions. ‘‘(i) OPPORTUNITY TO AMEND APPLICA- territorial governments in such State re- ‘‘(3) RULE OF CONSTRUCTION REGARDING EX- TIONS.—In considering applications for quired under paragraph (2), such a local, ISTING PLANNING COMMITTEES.—Nothing in grants under this section, the Secretary Tribal, or territorial government may peti- this subsection may be construed to require shall provide applicants with a reasonable tion the Secretary. that any State establish a cybersecurity opportunity to correct defects, if any, in ‘‘(7) PENALTIES.—In addition to other rem- planning committee if such State has estab- such applications before making final edies available to the Secretary, the Sec- awards. lished and uses a multijurisdictional plan- retary may terminate or reduce the amount ‘‘(j) APPORTIONMENT.—For fiscal year 2020 of a grant awarded under this section to a ning committee or commission that meets and each fiscal year thereafter, the Sec- State or transfer grant funds previously the requirements of this paragraph. retary shall apportion amounts appropriated awarded to such State directly to the appro- ‘‘(f) USE OF FUNDS.—A State that receives to carry out this section among States as priate local, Tribal, or territorial govern- a grant under this section shall use the grant follows: ment if such State violates a requirement of to implement such State’s Cybersecurity ‘‘(1) BASELINE AMOUNT.—The Secretary this subsection. Plan, or to assist with activities determined shall first apportion 0.25 percent of such by the Secretary, in consultation with the amounts to each of American Samoa, the ‘‘(m) ADVISORY COMMITTEE.— Director, to be integral to address cybersecu- Commonwealth of the Northern Mariana Is- ‘‘(1) ESTABLISHMENT.—The Director shall rity risks and cybersecurity threats to infor- lands, Guam, and the Virgin Islands, and 0.75 establish a State and Local Cybersecurity mation systems of State, local, Tribal, or percent of such amounts to each of the re- Resiliency Committee to provide State, territorial governments, as the case may be. maining States. local, Tribal, and territorial stakeholder ex- ‘‘(g) APPROVAL OF PLANS.— ‘‘(2) REMAINDER.—The Secretary shall ap- pertise, situational awareness, and rec- ‘‘(1) APPROVAL AS CONDITION OF GRANT.—Be- portion the remainder of such amounts in ommendations to the Director, as appro- fore a State may receive a grant under this the ratio that— priate, regarding how to— section, the Secretary, acting through the ‘‘(A) the population of each State; bears to ‘‘(A) address cybersecurity risks and cyber- Director, shall review and approve such ‘‘(B) the population of all States. security threats to information systems of State’s Cybersecurity Plan required under ‘‘(k) FEDERAL SHARE.—The Federal share State, local, Tribal, or territorial govern- subsection (d). of the cost of an activity carried out using ments; and ‘‘(2) PLAN REQUIREMENTS.—In approving a funds made available under the program may ‘‘(B) improve the ability of such govern- Cybersecurity Plan under this subsection, not exceed the following percentages: ments to prevent, protect against, respond, the Director shall ensure such Plan— ‘‘(1) For fiscal year 2021, 90 percent. mitigate, and recover from cybersecurity ‘‘(A) meets the requirements specified in ‘‘(2) For fiscal year 2022, 80 percent. risks and cybersecurity threats. subsection (d); and ‘‘(3) For fiscal year 2023, 70 percent. ‘‘(2) DUTIES.—The State and Local Cyberse- ‘‘(B) upon issuance of the Homeland Secu- ‘‘(4) For fiscal year 2024, 60 percent. curity Resiliency Committee shall— rity Strategy to Improve the Cybersecurity ‘‘(5) For fiscal year 2025 and each subse- ‘‘(A) submit to the Director recommenda- of State, Local, Tribal, and Territorial Gov- quent fiscal year, 50 percent. tions that may inform guidance for appli- ernments authorized pursuant to section ‘‘(l) STATE RESPONSIBILITIES.— cants for grants under this section; 2210, complies, as appropriate, with the goals ‘‘(1) CERTIFICATION.—Each State that re- ‘‘(B) upon the request of the Director, pro- and objectives of such Strategy. ceives a grant under this section shall cer- vide to the Director technical assistance to ‘‘(3) APPROVAL OF REVISIONS.—The Sec- tify to the Secretary that the grant will be inform the review of Cybersecurity Plans retary, acting through the Director, may ap- used for the purpose for which the grant is submitted by applicants for grants under prove revisions to a Cybersecurity Plan as awarded and in compliance with the Cyberse- this section, and, as appropriate, submit to the Director determines appropriate. curity Plan or other purpose approved by the the Director recommendations to improve ‘‘(4) EXCEPTION.—Notwithstanding the re- Secretary under subsection (g). such Plans prior to the Director’s determina- quirement under subsection (d) to submit a ‘‘(2) AVAILABILITY OF FUNDS TO LOCAL, TRIB- tion regarding whether to approve such Cybersecurity Plan as a condition of apply AL, AND TERRITORIAL GOVERNMENTS.—Not Plans; for a grant under this section, such a grant later than 45 days after a State receives a ‘‘(C) advise and provide to the Director may be awarded to a State that has not so grant under this section, such State shall, input regarding the Homeland Security submitted a Cybersecurity Plan to the Sec- without imposing unreasonable or unduly Strategy to Improve Cybersecurity for State, retary if— burdensome requirements as a condition of Local, Tribal, and Territorial Governments ‘‘(A) such State certifies to the Secretary receipt, obligate or otherwise make available required under section 2210; and that it will submit to the Secretary a Cyber- to local, Tribal, and territorial governments ‘‘(D) upon the request of the Director, pro- security Plan for approval by September 30, in such State, consistent with the applicable vide to the Director recommendations, as ap- 2022; Cybersecurity Plan— propriate, regarding how to—

VerDate Sep 11 2014 13:02 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\A30SE7.021 H30SEPT1 SSpencer on DSK126QN23PROD with HOUSE H5082 CONGRESSIONAL RECORD — HOUSE September 30, 2020 ‘‘(i) address cybersecurity risks and cyber- under this section and any progress made to- SEC. 3. STRATEGY. security threats on information systems of ward the following: (a) HOMELAND SECURITY STRATEGY TO IM- State, local, Tribal, or territorial govern- ‘‘(A) Achieving the objectives set forth in PROVE THE CYBERSECURITY OF STATE, LOCAL, ments; the Homeland Security Strategy to Improve TRIBAL, AND TERRITORIAL GOVERNMENTS.— ‘‘(ii) and improve the cybersecurity resil- the Cybersecurity of State, Local, Tribal, Section 2210 of the Homeland Security Act of ience of such governments. and Territorial Governments, upon the strat- 2002 (6 U.S.C. 660) is amended by adding at ‘‘(3) MEMBERSHIP.— egy’s issuance under section 2210. the end the following new subsection: ‘‘(A) NUMBER AND APPOINTMENT.—The State ‘‘(B) Developing, implementing, or revising ‘‘(e) HOMELAND SECURITY STRATEGY TO IM- and Local Cybersecurity Resiliency Com- Cybersecurity Plans. PROVE THE CYBERSECURITY OF STATE, LOCAL, mittee shall be composed of 15 members ap- ‘‘(C) Reducing cybersecurity risks and cy- TRIBAL, AND TERRITORIAL GOVERNMENTS.— pointed by the Director, as follows: bersecurity threats to information systems ‘‘(1) IN GENERAL.—Not later than 270 days ‘‘(i) Two individuals recommended to the owned or operated by State, local, Tribal, after the date of the enactment of this sub- Director by the National Governors Associa- and territorial governments as a result of section, the Secretary, acting through the tion. the award of such grants. Director, shall, in coordination with appropriate Federal departments and agencies, ‘‘(ii) Two individuals recommended to the ‘‘(o) AUTHORIZATION OF APPROPRIATIONS.— Director by the National Association of State, local, Tribal, and territorial govern- There are authorized to be appropriated for ments, the State and Local Cybersecurity State Chief Information Officers. grants under this section— ‘‘(iii) One individual recommended to the Resilience Committee (established under sec- ‘‘(1) for each of fiscal years 2021 through tion 2215), and other stakeholders, as appro- Director by the National Guard Bureau. 2025, $400,000,000; and ‘‘(iv) Two individuals recommended to the priate, develop and make publicly available ‘‘(2) for each subsequent fiscal year, such a Homeland Security Strategy to Improve Director by the National Association of sums as may be necessary. Counties. the Cybersecurity of State, Local, Tribal, ‘‘(v) Two individuals recommended to the ‘‘(p) DEFINITIONS.—In this section: and Territorial Governments that provides Director by the National League of Cities. ‘‘(1) CRITICAL INFRASTRUCTURE.—The term recommendations regarding how the Federal ‘‘(vi) One individual recommended to the ‘critical infrastructure’ has the meaning Government should support and promote the Director by the United States Conference of given that term in section 2. ability State, local, Tribal, and territorial Mayors. ‘‘(2) CYBER THREAT INDICATOR.—The term governments to identify, protect against, de- ‘‘(vii) One individual recommended to the ‘cyber threat indicator’ has the meaning tect respond to, and recover from cybersecu- Director by the Multi-State Information given such term in section 102 of the Cyber- rity risks, cybersecurity threats, and inci- Sharing and Analysis Center. security Act of 2015. dents (as such term is defined in section 2209) ‘‘(viii) Four individuals who have edu- ‘‘(3) DIRECTOR.—The term ‘Director’ means and establishes baseline requirements and cational and professional experience related the Director of the Cybersecurity and Infra- principles to which Cybersecurity Plans to cybersecurity analysis or policy. structure Security Agency. under such section shall be aligned. ‘‘(B) TERMS.—Each member of the State ‘‘(4) INCIDENT.—The term ‘incident’ has the ‘‘(2) CONTENTS.—The Homeland Security and Local Cybersecurity Resiliency Com- meaning given such term in section 2209. Strategy to Improve the Cybersecurity of mittee shall be appointed for a term of two ‘‘(5) INFORMATION SHARING AND ANALYSIS State, Local, Tribal, and Territorial Govern- years, except that such term shall be three ORGANIZATION.—The term ‘information shar- ments required under paragraph (1) shall— years only in the case of members who are ing and analysis organization’ has the mean- ‘‘(A) identify capability gaps in the ability appointed initially to the Committee upon ing given such term in section 2222. of State, local, Tribal, and territorial gov- the establishment of the Committee. Any ‘‘(6) INFORMATION SYSTEM.—The term ‘in- ernments to identify, protect against, detect, member appointed to fill a vacancy occur- formation system’ has the meaning given respond to, and recover from cybersecurity ring before the expiration of the term for such term in section 102(9) of the Cybersecu- risks, cybersecurity threats, and incidents; which the member’s predecessor was ap- rity Act of 2015 (6 U.S.C. 1501(9)). ‘‘(B) identify Federal resources and capa- pointed shall be appointed only for the re- ‘‘(7) KEY RESOURCES.—The term ‘key re- bilities that are available or could be made mainder of such term. A member may serve sources’ has the meaning given that term in available to State, local, Tribal, and terri- after the expiration of such member’s term section 2. torial governments to help such govern- until a successor has taken office. A vacancy ‘‘(8) ONLINE SERVICE.—The term ‘online ments identify, protect against, detect, re- in the Commission shall be filled in the man- service’ means any internet-facing service, spond to, and recover from cybersecurity ner in which the original appointment was including a website, email, virtual private risks, cybersecurity threats, and incidents; made. network, or custom application. ‘‘(C) identify and assess the limitations of ‘‘(C) PAY.—Members of the State and Local ‘‘(9) STATE.—The term ‘State’— Federal resources and capabilities available Cybersecurity Resiliency Committee shall ‘‘(A) means each of the several States, the to State, local, Tribal, and territorial gov- serve without pay. District of Colombia, and the territories and ernments to help such governments identify, ‘‘(4) CHAIRPERSON; VICE CHAIRPERSON.—The possessions of the United States; and protect against, detect, respond to, and remembers of the State and Local Cybersecu- ‘‘(B) includes any federally recognized In- cover from cybersecurity risks, cybersecurity Resiliency Committee shall select a dian tribe that notifies the Secretary, not rity threats, and incidents, and make rec- chairperson and vice chairperson from later than 120 days after the date of the en- ommendations to address such limitations; among Committee members. actment of this section or not later than 120 ‘‘(D) identify opportunities to improve the ‘‘(5) FEDERAL ADVISORY COMMITTEE ACT.— days before the start of any fiscal year in Agency’s coordination with Federal and non- The Federal Advisory Committee Act (5 which a grant under this section is awarded, Federal entities, such as the Multi-State In- U.S.C. App.) shall not apply to the State and that the tribe intends to develop a Cyberse- formation Sharing and Analysis Center, to Local Cybersecurity Resilience Committee. curity Plan and agrees to forfeit any dis- improve incident exercises, information ‘‘(n) REPORTS.— tribution under subsection (l)(2). sharing and incident notification procedures, ‘‘(1) ANNUAL REPORTS BY STATE GRANT RE- the ability for State, local, Tribal, and terri- ‘‘SEC. 2216. CYBERSECURITY RESOURCE GUIDE CIPIENTS.—A State that receives a grant DEVELOPMENT FOR STATE, LOCAL, torial governments to voluntarily adapt and under this section shall annually submit to TRIBAL, AND TERRITORIAL GOVERN- implement guidance in Federal binding oper- the Secretary a report on the progress of the MENT OFFICIALS. ational directives, and opportunities to le- State in implementing the Cybersecurity ‘‘The Secretary, acting through the Direc- verage Federal schedules for cybersecurity Plan approved pursuant to subsection (g). If tor, shall develop a resource guide for use by investments under section 502 of title 40, the State does not have a Cybersecurity Plan State, local, Tribal, and territorial govern- United States Code; approved pursuant to subsection (g), the ment officials, including law enforcement of- ‘‘(E) recommend new initiatives the Fed- State shall submit to the Secretary a report ficers, to help such officials identify, prepare eral Government should undertake to im- describing how grant funds were obligated for, detect, protect against, respond to, and prove the ability of State, local, Tribal, and and expended to develop a Cybersecurity recover from cybersecurity risks, cybersecu- territorial governments to help such govern- Plan or improve the cybersecurity of infor- rity threats, and incidents (as such term is ments identify, protect against, detect, re- mation systems owned or operated by State, defined in section 2209).’’. spond to, and recover from cybersecurity local, Tribal, or territorial governments in risks, cybersecurity threats, and incidents; (b) CLERICAL AMENDMENT.—The table of such State. The Secretary, acting through contents in section 1(b) of the Homeland Se- ‘‘(F) set short-term and long-term goals the Director, shall make each such report curity Act of 2002 is amended by inserting that will improve the ability of State, local, publicly available, including by making each after the item relating to section 2214 the Tribal, and territorial governments to help such report available on the internet website following new items: such governments identify, protect against, of the Agency, subject to any redactions the detect, respond to, and recover from cyberse- Director determines necessary to protect ‘‘Sec. 2215. State and Local Cybersecurity curity risks, cybersecurity threats, and inci- classified or other sensitive information. Grant Program. dents; and ‘‘(2) ANNUAL REPORTS TO CONGRESS.—At ‘‘Sec. 2216. Cybersecurity resource guide de- ‘‘(G) set dates, including interim bench- least once each year, the Secretary, acting velopment for State, local, marks, as appropriate for State, local, Trib- through the Director, shall submit to Con- Tribal, and territorial govern- al, territorial governments to establish base- gress a report on the use of grants awarded ment officials.’’. line capabilities to identify, protect against,

VerDate Sep 11 2014 13:02 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\A30SE7.021 H30SEPT1 SSpencer on DSK126QN23PROD with HOUSE September 30, 2020 CONGRESSIONAL RECORD — HOUSE H5083 detect, respond to, and recover from cyberse- GENERAL LEAVE ices in the face of steep COVID–19-re- curity risks, cybersecurity threats, and inci- Ms. UNDERWOOD. Mr. Speaker, I lated revenue losses. dents. ask unanimous consent that all Mem- It is time for the Federal Govern- ‘‘(3) CONSIDERATIONS.—In developing the bers may have 5 legislative days to re- ment to step up and help. Passing H.R. Homeland Security Strategy to Improve the Cybersecurity of State, Local, Tribal, and vise and extend their remarks and to 5823, the State and Local Cybersecurity Territorial Governments required under include extraneous material on this Improvement Act, which I am proud to paragraph (1), the Director, in coordination measure. cosponsor, is an important first step. with appropriate Federal departments and The SPEAKER pro tempore. Is there The bill would establish a $400 mil- agencies, State, local, Tribal, and territorial objection to the request of the gentle- lion targeted grant program to help governments, the State and Local Cyberse- woman from Illinois? States and local governments develop curity Resilience Committee, and other There was no objection. robust cybersecurity capabilities. Im- stakeholders, as appropriate, shall consider— Ms. UNDERWOOD. Mr. Speaker, I portantly, it requires States to pay a ‘‘(A) lessons learned from incidents that yield myself such time as I may con- have affected State, local, Tribal, and terri- graduated match to incentivize them torial governments, and exercises with Fed- sume. to budget better for cybersecurity. eral and non-Federal entities; Mr. Speaker, I don’t need to tell any- And it requires the Department of ‘‘(B) the impact of incidents that have af- one here that cyberattacks against Homeland Security to create a plan to fected State, local, Tribal, and territorial State and local governments are grow- improve the cybersecurity posture of governments, including the resulting costs ing more frequent and more sophisti- State and local governments to ensure to such governments; cated. In 2019, there were over 100 that Federal resources align with State ‘‘(C) the information related to the inter- ransomware attacks on State and local goals and objectives. The smart invest- est and ability of state and non-state threat governments. ments we make in the cybersecurity of actors to compromise information systems From major cities like New Orleans owned or operated by State, local, Tribal, our State and local governments now and territorial governments; and Baltimore to small towns across will pay for themselves in the future. ‘‘(D) emerging cybersecurity risks and cy- Texas, cyberattacks sought to cripple Mr. Speaker, I urge my colleagues to bersecurity threats to State, local, Tribal, the ability of governments across the support H.R. 5823, and I reserve the bal- and territorial governments resulting from country to carry out basic functions, ance of my time. the deployment of new technologies; and from processing real estate trans- Mr. JOYCE of Pennsylvania. Mr. ‘‘(E) recommendations made by the State actions to collecting payments for Speaker, I yield myself such time as I and Local Cybersecurity Resilience Com- services. may consume. mittee.’’. The cost is more than just a mere in- (b) RESPONSIBILITIES OF THE DIRECTOR OF Mr. Speaker, I rise in strong support THE CYBERSECURITY AND INFRASTRUCTURE SE- convenience. A ransomware attack of H.R. 5823. CURITY AGENCY.—Subsection (c) of section against a State and local government Preparing our State, local, Tribal, 2202 of the Homeland Security Act of 2002 (6 can disrupt lifeline services, like 911 and territorial governments for the in- U.S.C. 652) is amended— call centers and public hospitals, and creasing number of cyber threats they (1) by redesignating paragraphs (6) through extort money those governments do face is a necessary priority. (11) as paragraphs (11) through (16), respec- not have. Cybersecurity preparedness is inef- tively; and Last summer, the mayor of Atlanta, (2) by inserting after paragraph (5) the fol- fective if our only focus is on Federal lowing new paragraphs: Keisha Lance Bottoms, testified before preparedness. It is incumbent on us to ‘‘(6) develop program guidance, in con- my subcommittee that the ransomware ensure that our State and local part- sultation with the State and Local Govern- attack that hit her city in 2018 cost ners are taking advantage of the re- ment Cybersecurity Resiliency Committee city taxpayers $7.2 million to recover sources that we can offer so they, too, established under section 2215, for the State from, but experts expect that cost to can prepare for the threats that they and Local Cybersecurity Grant Program grow to as much as $17 million. might face. H.R. 5823 will do just that. under such section or any other homeland The COVID–19 pandemic, by dramati- It establishes a matching grant pro- security assistance administered by the De- cally expanding the threat landscape partment to improve cybersecurity; gram for State and local governments ‘‘(7) review, in consultation with the State and making government networks to access and close vulnerabilities in and Local Cybersecurity Resiliency Com- more attractive targets for hackers, their IT systems. mittee, all cybersecurity plans of State, has made the situation more dire. More Mr. Speaker, I thank Representatives local, Tribal, and territorial governments de- Americans than ever before are work- Richmond and Katko for their bill, and veloped pursuant to any homeland security ing from home. That includes State I reserve the balance of my time. assistance administered by the Department and local government workers who Ms. UNDERWOOD. Mr. Speaker, I to improve cybersecurity; may be less accustomed to teleworking yield 2 minutes to the gentleman from ‘‘(8) provide expertise and technical assist- and less prepared to do it securely. Maryland (Mr. RUPPERSBERGER). ance to State, local, Tribal, and territorial government officials with respect to cyberse- At the same time, the cyber risk to Mr. RUPPERSBERGER. Mr. Speak- curity; State and local networks has increased er, I thank the gentlewoman for yield- ‘‘(9) provide education, training, and capac- dramatically due to unprecedented de- ing. ity development to enhance the security and mand for online services, including un- Before I start, I want to acknowledge resilience of cybersecurity and infrastruc- employment compensation and human the gentlewoman’s leadership position. ture security; services applications. I was sitting in my chair—I have been ‘‘(10) provide information to State, local, The transition to online learning dealing with cyber issues for a long Tribal, and territorial governments on the that COVID–19 has forced many schools time—and when I heard Mr. JOYCE security benefits of .gov domain name reg- to undertake has also not been without agree with the gentlewoman, I almost istration services;’’. (c) FEASIBILITY STUDY.—Not later than 180 incident. According to Education fell out of my chair, but I didn’t. I real- days after the date of the enactment of this Week, there have been 220 cyberattacks ly applaud both Members for working Act, the Director of the Cybersecurity and against schools so far this year. And together. Infrastructure Security Agency of the De- while the pandemic is bringing the vul- Cyber issues are some of the most partment of Homeland Security shall con- nerability of our school districts’ net- important national security issues that duct a study to assess the feasibility of im- works into focus, it is worth noting our country faces, internationally and plementing a short-term rotational program for the detail of approved State, local, Trib- that there have been over 1,000 also within our country, and coming al, and territorial government employees in cyberattacks against school districts together like this is how we get things cyber workforce positions to the Agency. since 2016, according to the K–12 Re- done for our constituents. I hope people The SPEAKER pro tempore. Pursu- search Center. on both sides of the aisle observe what ant to the rule, the gentlewoman from Despite the urgent need to address these Representatives are doing. That Illinois (Ms. UNDERWOOD) and the gen- their cyber vulnerabilities, many State is the way we need to go. tleman from Pennsylvania (Mr. JOYCE) and local governments are not in a po- First, as a former Baltimore County each will control 20 minutes. sition to do so without outside assist- executive, I am well aware of the prob- The Chair recognizes the gentle- ance, as they are overwhelmed by the lems that State and local governments woman from Illinois. challenges of maintaining basic serv- face on a daily basis. They are where

VerDate Sep 11 2014 13:02 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\A30SE7.021 H30SEPT1 SSpencer on DSK126QN23PROD with HOUSE H5084 CONGRESSIONAL RECORD — HOUSE September 30, 2020 the rubber meets the road and the deliver urgently needed investments to b 1345 source of many of the critical services address the vulnerabilities that persist HOMELAND SECURITY ACQUISI- our constituents rely on, which in- in State, local, Tribal, and territorial TION PROFESSIONAL CAREER cludes schools, law enforcement, parks, cyber infrastructures. PROGRAM ACT fire, and libraries. These cyber threats are real, and our Yet, according to the National Asso- communities need help. Ms. UNDERWOOD. Mr. Speaker, I ciation of State Chief Information Offi- I have spoken with a county auditor move to suspend the rules and pass the cers, nearly half of all States do not just recently who said she is conscious bill (H.R. 5822) to amend the Homeland have a dedicated cybersecurity line that her systems are constantly tar- Security Act of 2002 to establish an ac- item in their budget. In fact, most geted. quisition professional career program, State cybersecurity budgets are be- I have spoken with public power pro- and for other purposes, as amended. The Clerk read the title of the bill. tween 0 and 3 percent of their overall viders who understand that, in the ab- The text of the bill is as follows: information technology budget. sence of sufficient cybersecurity, we While some support from the Federal could see an attack that would wipe H.R. 5822 Government does exist already, less out our critical utilities for citizens Be it enacted by the Senate and House of Rep- than 4 percent of current Homeland Se- and could undermine our economy. resentatives of the United States of America in Congress assembled, curity Grant Program funding has been I have recently spoken with a Tribal allocated to cybersecurity needs at the leader who said that they have enough SECTION 1. SHORT TITLE. State and local level. As we have seen This Act may be cited as the ‘‘Homeland technology challenges without seeing Security Acquisition Professional Career from recent cyberattacks on many the threat of cyberattack compound American cities and States, this is sim- Program Act’’. things. SEC. 2. AUTHORIZATION OF THE ACQUISITION ply not enough. I have spoken with a county hospital PROFESSIONAL CAREER PROGRAM. Last year, there were at least 24 pub- in my district that was hit by a (a) IN GENERAL.—Title VII of the Homeland lic-sector ransomware attacks, includ- ransomware attack. Security Act of 2002 (6 U.S.C. 341 et seq.) is ing a ransomware attack in Baltimore, This bill is about letting those folks amended by adding at the end the following my hometown, that is expected to cost know and the people whom they serve new section: more than $18 million in remediation. know that they are not on their own, ‘‘SEC. 711. ACQUISITION PROFESSIONAL CAREER PROGRAM. A separate attack in 2018 temporarily that the Federal Government under- disabled Baltimore’s 911 dispatch sys- ‘‘(a) ESTABLISHMENT.—There is established stands that cybersecurity vulnerabili- in the Department an acquisition profes- tem. ties don’t only exist in marble build- This is part of a growing nationwide sional career program to develop a cadre of ings in Washington, D.C., but that they acquisition professionals within the Depart- trend. The COVID–19 pandemic has exist in communities in every State in ment. only exacerbated the threat to local our Nation, and with this bill the Fed- ‘‘(b) ADMINISTRATION.—The Under Sec- governments as hackers exploit over- eral Government says: We are going to retary for Management shall administer the whelmed organizations that are in- have your back. That is why I urge my acquisition professional career program established pursuant to subsection (a). creasingly dependent on digital tools. colleagues on both sides of the aisle to We cannot simply stand by and watch ‘‘(c) PROGRAM REQUIREMENTS.—The Under support this bipartisan plan. There is Secretary for Management shall carry out this happen. We can and must do more. no time to waste. The SPEAKER pro tempore. The the following with respect to the acquisition Ms. UNDERWOOD. Mr. Speaker, I professional career program. time of the gentleman has expired. have no more speakers, and I am pre- ‘‘(1) Designate the occupational series, Ms. UNDERWOOD. Mr. Speaker, I pared to close after the gentleman grades, and number of acquisition positions yield the gentleman from Maryland an from Pennsylvania closes. I reserve the throughout the Department to be included in additional 2 minutes. balance of my time. the program and manage centrally such posi- Mr. RUPPERSBERGER. Mr. Speak- tions. er, the bill before us today establishes Mr. JOYCE of Pennsylvania. Mr. ‘‘(2) Establish and publish on the Depart- a program making grants available to Speaker, I urge a ‘‘yes’’ vote on the ment’s website eligibility criteria for can- State, local, Tribal, and territorial bill, and I yield back the balance of my didates to participate in the program. governments to address cybersecurity time. ‘‘(3) Carry out recruitment efforts to at- Ms. UNDERWOOD. Mr. Speaker, over tract candidates— risks and threats to their information ‘‘(A) from institutions of higher education, systems. the past decade and a half, Congress has redoubled efforts to secure Federal including such institutions with established This is not a silver bullet, but it al- acquisition specialties and courses of study, lows us to leverage Federal expertise in networks. This legislation will con- historically Black colleges and universities, cyber, like that of the Cybersecurity tinue that work by supporting State and Hispanic-serving institutions; and Infrastructure Security Agency, or and local cybersecurity improvements. ‘‘(B) with diverse work experience outside CISA, to help State and local govern- It was approved on a bipartisan basis in of the Federal Government; or ments get their information security committee and has broad and deep sup- ‘‘(C) with military service. ‘‘(4) Hire eligible candidates for designated programs off the ground. port within stakeholder communities. I would like to congratulate Con- positions under the program. This bill will further empower State ‘‘(5) Develop a structured program com- gressman CEDRIC RICHMOND, the former and local governments around the prised of acquisition training, on-the-job ex- country to begin assuming the funding chairman of the Cybersecurity, Infra- perience, Department-wide rotations, burden in their normal budget cycles in structure Protection, and Innovation mentorship, shadowing, and other career de- the future by reducing the Federal Subcommittee, on this important leg- velopment opportunities for program partici- share over time. islation. pants. I thank Chairman THOMPSON, Chair- Mr. Speaker, I urge my colleagues to ‘‘(6) Provide, beyond required training established for program participants, addi- man RICHMOND, and all those involved support the measure, and I yield back the balance of my time. tional specialized acquisition training, infor this bipartisan coalition. cluding small business contracting and inno- Ms. UNDERWOOD. Mr. Speaker, I The SPEAKER pro tempore. The vative acquisition techniques training. yield 3 minutes to the gentleman from question is on the motion offered by ‘‘(d) REPORTS.—Not later than December Washington (Mr. KILMER). the gentlewoman from Illinois (Ms. 31, 2020, and annually thereafter through Mr. KILMER. Mr. Speaker, I thank UNDERWOOD) that the House suspend 2026, the Secretary shall submit to the Com- my good friend for yielding and echo the rules and pass the bill, H.R. 5823, as mittee on Homeland Security of the House of the gratitude for her leadership and the amended. Representatives and the Committee on bipartisan leadership of the sub- The question was taken; and (two- Homeland Security and Governmental Af- committee. thirds being in the affirmative) the fairs of the Senate a report on the acquisition professional career program. Each such Mr. Speaker, I rise in strong support rules were suspended and the bill, as report shall include the following informa- of the State and Local Cybersecurity amended, was passed. tion: Improvement Act, a bipartisan bill A motion to reconsider was laid on ‘‘(1) The number of candidates approved for that I was proud to help introduce, to the table. the program.

VerDate Sep 11 2014 13:02 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\K30SE7.058 H30SEPT1 SSpencer on DSK126QN23PROD with HOUSE September 30, 2020 CONGRESSIONAL RECORD — HOUSE H5085 ‘‘(2) The number of candidates who com- force, which oversees billions of dollars Mr. Speaker, enactment of H.R. 5822 menced participation in the program, includ- of transactions to procure what DHS would help ensure that DHS maintains ing generalized information on such can- needs to carry out its diverse missions. a pipeline for hard-to-fill acquisition didates’ backgrounds with respect to edu- They are charged with purchasing ev- positions throughout the Department. cation and prior work experience, but not in- erything from cybersecurity software cluding personally identifiable information. Given the critical nature of DHS’ mis- ‘‘(3) A breakdown of the number of partici- for protecting Federal networks, to dis- sion, it is essential that it have a ro- pants hired under the program by type of ac- aster response supplies, to sophisti- bust acquisition workforce in place. quisition position. cated security screening equipment. Mr. Speaker, I urge my colleagues to ‘‘(4) A list of Department components and And when it comes to COVID–19, they support H.R. 5822, and I yield back the offices that participated in the program and have been responsible for spending over balance of my time. information regarding length of time of each $1.7 billion on a wide range of response The SPEAKER pro tempore. The program participant in each rotation at such activities. components or offices. question is on the motion offered by Unfortunately, the Government Ac- the gentlewoman from Illinois (Ms. ‘‘(5) Program attrition rates and post-pro- countability Office has highlighted UNDERWOOD) that the House suspend gram graduation retention data, including workforce shortages as a persistent the rules and pass the bill, H.R. 5822, as information on how such data compare to challenge for DHS acquisition pro- the prior year’s data, as available. amended. grams—one that can negatively affect ‘‘(6) The Department’s recruiting efforts The question was taken; and (two- for the program. their ability to deliver vital capabilities on time and on budget. thirds being in the affirmative) the ‘‘(7) The Department’s efforts to promote rules were suspended and the bill, as retention of program participants. H.R. 5822 will help address this chal- ‘‘(e) DEFINITIONS.—In this section: lenge by authorizing DHS’ rigorous de- amended, was passed. ‘‘(1) HISPANIC-SERVING INSTITUTION.—The velopment program, which provides A motion to reconsider was laid on term ‘Hispanic-serving institution’ has the participants with acquisition training, the table. meaning given such term in section 502 of mentorship, department-wide rota- the Higher Education Act of 1965 (20 U.S.C. tions, and other career development f 1101a). opportunities. ‘‘(2) HISTORICALLY BLACK COLLEGES AND H.R. 5822, if enacted, will help DHS UNIVERSITIES.—The term ‘historically Black TSA PERSONNEL WORKPLACE colleges and universities’ has the meaning maintain a pipeline for its acquisition IMPROVEMENT ACT OF 2020 workforce that directly supports the given the term ‘part B institution’ in section Ms. UNDERWOOD. Mr. Speaker, I 322(2) of Higher Education Act of 1965 (20 Department’s frontline officers with U.S.C. 1061(2)). the tools that they need to perform move to suspend the rules and pass the ‘‘(3) INSTITUTION OF HIGHER EDUCATION.— their jobs. bill (H.R. 5811) to require the Transpor- The term ‘institution of higher education’ Mr. Speaker, I commend the gentle- tation Security Administration to pro- has the meaning given such term in section woman from Nevada, Representative vide nursing facilities and paid paren- 101 of the Higher Education Act of 1965 (20 TITUS, for introducing this measure, tal leave for Administration personnel, U.S.C. 1001).’’. and I urge my colleagues to support it. and for other purposes, as amended. (b) CLERICAL AMENDMENT.—The table of Mr. Speaker, I reserve the balance of The Clerk read the title of the bill. contents in section 1(b) of the Homeland Se- my time. The text of the bill is as follows: curity Act of 2002 is amended by inserting after the item relating to section 710 the fol- Mr. JOYCE of Pennsylvania. Mr. H.R. 5811 lowing new item: Speaker, I yield myself such time as I Be it enacted by the Senate and House of Rep- ‘‘Sec. 711. Acquisition professional career may consume. resentatives of the United States of America in program.’’. Mr. Speaker, I rise in support of H.R. Congress assembled, The SPEAKER pro tempore (Mr. 5822. The Department of Homeland Se- SECTION 1. SHORT TITLE. ESPAILLAT). Pursuant to the rule, the curity has an important mission to This Act may be cited as the ‘‘TSA Per- gentlewoman from Illinois (Ms. UNDER- protect the homeland and secure our sonnel Workplace Improvement Act of 2020’’. borders. To accomplish this mission, WOOD) and the gentleman from Penn- SEC. 2. NURSING FACILITIES FOR TRANSPOR- DHS must enter into contracts for sylvania (Mr. JOYCE) each will control TATION SECURITY ADMINISTRATION 20 minutes. equipment and services. To protect PERSONNEL. The Chair recognizes the gentle- taxpayer dollars and ensure that DHS (a) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, woman from Illinois. is getting the most bang for its buck, the Department must utilize experi- the Administrator of the Transportation Se- GENERAL LEAVE enced acquisition professionals. curity Administration shall ensure that all Ms. UNDERWOOD. Mr. Speaker, I In the past decade, GAO has consist- Administration personnel have adequate access to facilities designated for use by nurs- ask unanimous consent that all Mem- ently identified issues that must be ad- bers may have 5 legislative days to re- ing mothers in the workplace. Such facilities dressed to improve acquisition oper- shall be— vise and extend their remarks and to ations at DHS, including shortages in include extraneous material on this (1) assessed for cleanliness, safety, and ac- the number of trained acquisition pro- cessibility to personnel duty stations; measure. fessionals. This bill addresses this spe- (2) free of charge; The SPEAKER pro tempore. Is there cific issue by developing trained acqui- (3) located in a place, other than a bath- objection to the request of the gentle- sition professionals within DHS. room, that is shielded from view and free woman from Illinois? H.R. 5822 provides the on-the-job ac- from intrusion from coworkers and the pub- There was no objection. quisition training, rotations through- lic; and Ms. UNDERWOOD. Mr. Speaker, I out the Department, mentoring, and (4) available for personnel to use with a reasonable break time to express breast milk yield myself such time as I may con- other opportunities to enhance acquisi- sume. for a child of such personnel each time such tion knowledge, and experience for the personnel has a need to express milk. Mr. Speaker, I rise in support of H.R. participants. I applaud my colleague, 5822, the Homeland Security Acquisi- (b) DURATION.—The Administrator of the Representative TITUS, for her efforts to Transportation Security Administration tion Professional Career Program Act. bring this bill forward. shall ensure that the availability to Admin- Mr. Speaker, H.R. 5822 authorizes an Mr. Speaker, I reserve the balance of istration personnel described in subsection existing program within the Depart- my time. (a)(4) is for a period of time equal to at least ment of Homeland Security focused on Ms. UNDERWOOD. Mr. Speaker, I one year from the birth of a child of an Ad- strengthening its acquisition work- have no further speakers, and I reserve ministration employee. force. DHS established the Acquisition the balance of my time. (c) COORDINATION WITH STAKEHOLDERS.—In Professional Career Program in 2008 to Mr. JOYCE of Pennsylvania. Mr. carrying out the requirements in subsection create a pipeline for hard-to-fill acqui- Speaker, I urge a ‘‘yes’’ vote on the (a), the Administrator of the Transportation Security Administration shall coordinate sition workforce positions, such as con- bill, and I yield back the balance of my with the National Institutes for Health and tract specialists. time. the labor organization representing Adminis- Since its inception, the program has Ms. UNDERWOOD. Mr. Speaker, I tration screening personnel. had over 300 program graduates join yield myself such time as I may con- (d) NOTIFICATION.—The Administrator of the ranks of DHS’ acquisition work- sume. the Transportation Security Administration

VerDate Sep 11 2014 14:12 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\A30SE7.022 H30SEPT1 SSpencer on DSK126QN23PROD with HOUSE H5086 CONGRESSIONAL RECORD — HOUSE September 30, 2020 shall inform Administration personnel about officers. Given TSA’s complex and UNDERWOOD) that the House suspend the availability under subsection (a) of fa- challenging mission, the agency must the rules and pass the bill, H.R. 5811, as cilities designed for use by nursing mothers explore all options to retain talent, amended. in the workplace. which includes parents and nursing The question was taken; and (two- SEC. 3. PAID PARENTAL LEAVE. mothers. thirds being in the affirmative) the Section 114(n)(1) of title 49, United States Code, is amended— Mr. Speaker, I urge my House col- rules were suspended and the bill, as (1) by striking ‘‘The personnel manage- leagues to support this legislation, and amended, was passed. ment’’ and inserting ‘‘(A) Consistent with I reserve the balance of my time. A motion to reconsider was laid on subparagraph (B), the personnel manage- Mr. JOYCE of Pennsylvania. Mr. the table. ment’’; and Speaker, I yield myself such time as I f (2) by adding at the end the following: may consume. ‘‘(B) The Administrator shall ensure that Mr. Speaker, I rise today in strong DHS BLUE CAMPAIGN all Administration personnel not provided support of H.R. 5811, the TSA Personnel ENHANCEMENT ACT paid parental leave under subparagraph (B) Workplace Improvement Act of 2020. Ms. UNDERWOOD. Mr. Speaker, I of section 111(d)(2) (as added by section 7606 move to suspend the rules and pass the of the National Defense Authorization Act This bipartisan legislation, cham- for Fiscal Year 2020 (Public Law 116–92)) are pioned by Representative JOHN KATKO, bill (H.R. 5804) to amend the Homeland provided at least 12 weeks of such leave, con- will make important enhancements to Security Act of 2002 to enhance the sistent with the requirements of such sub- the workplace rights of TSA employ- Blue Campaign of the Department of paragraph.’’. ees, in particular, women and nursing Homeland Security, and for other pur- The SPEAKER pro tempore. Pursu- mothers. poses, as amended. ant to the rule, the gentlewoman from Throughout the COVID–19 pandemic, The Clerk read the title of the bill. Illinois (Ms. UNDERWOOD) and the gen- frontline personnel of the Transpor- The text of the bill is as follows: tleman from Pennsylvania (Mr. JOYCE) tation Security Administration have H.R. 5804 each will control 20 minutes. continued to serve the traveling public Be it enacted by the Senate and House of Rep- The Chair recognizes the gentle- to keep our Nation’s transportation resentatives of the United States of America in woman from Illinois. system secure. At a time when the Congress assembled, GENERAL LEAVE criticality of the TSA personnel is so SECTION 1. SHORT TITLE. Ms. UNDERWOOD. Mr. Speaker, I clearly demonstrated, we, in Congress, This Act may be cited as the ‘‘DHS Blue ask unanimous consent that all Mem- have an opportunity with this bill to Campaign Enhancement Act’’. bers may have 5 legislative days to re- express appreciation for their services. SEC. 2. DEPARTMENT OF HOMELAND SECURITY vise and extend their remarks and to H.R. 5811 requires the administrator BLUE CAMPAIGN ENHANCEMENT. to ensure that employees have access Section 434 of the Homeland Security Act include extraneous material on this of 2002 (6 U.S.C. 242) is amended— measure. to safe, clean, and free lactation facili- (1) in subsection (e)(6), by striking ‘‘uti- The SPEAKER pro tempore. Is there ties for an appropriate amount of time. lizing resources,’’ and inserting ‘‘developing objection to the request of the gentle- It requires TSA to coordinate with Na- and utilizing, in consultation with the Advi- woman from Illinois? tional Institutes for Health to ensure sory Board established pursuant to sub- There was no objection. that lactation facilities meet necessary section (g), resources’’; and Ms. UNDERWOOD. Mr. Speaker, I standards. Finally, this legislation will (2) by adding at the end the following new yield myself such time as I may con- ensure paid family leave for the entire subsections: ‘‘(f) WEB-BASED TRAINING PROGRAMS.—To sume. TSA workforce. Mr. Speaker, I rise today to support enhance training opportunities, the Director Mr. Speaker, this corrects an over- of the Blue Campaign shall develop web- H.R. 5811, the TSA Personnel Work- sight in last year’s NDAA that pro- based interactive training videos that utilize force Improvement Act of 2020. The vided paid family leave to the rest of a learning management system to provide country recently observed the 19th an- the Federal workforce. I thank the gen- online training opportunities that shall be niversary of the September 11 terrorist tleman from New York (Mr. KATKO) for made available to the following individuals: attacks, a day that shook the Nation his leadership on this important legis- ‘‘(1) Federal, State, local, Tribal, and terri- to its core and changed it forever. The lation. I also thank the gentleman torial law enforcement officers. ‘‘(2) Non-Federal correction system per- federalization of the aviation screening from California (Mr. CORREA) for his workforce was one of the most impor- sonnel. support of this bipartisan legislation. ‘‘(3) Such other individuals as the Director tant steps taken as a Nation to restore Mr. Speaker, I urge my colleagues to determines appropriate. America’s confidence in flying again. support this bill, and I reserve the bal- ‘‘(g) BLUE CAMPAIGN ADVISORY BOARD.— Today, with the emergence of the ance of my time. ‘‘(1) IN GENERAL.—The Secretary shall es- COVID–19 pandemic, we find ourselves Ms. UNDERWOOD. Mr. Speaker, I tablish within the Department a Blue Cam- at another moment when many Ameri- have no further speakers, and I reserve paign Advisory Board and shall assign to cans are not comfortable flying. Still, the balance of my time. such Board a representative from each of the we have a dedicated workforce in our Mr. JOYCE of Pennsylvania. Mr. following components: Nation’s airports that stand ready to Speaker, I urge a ‘‘yes’’ vote on the ‘‘(A) The Transportation Security Admin- istration. protect America’s flying public. Yet, bill, and I yield back the balance of my ‘‘(B) U.S. Customs and Border Protection. this cadre of frontline workers, trans- time. ‘‘(C) U.S. Immigration and Customs En- portation security officers—also known Ms. UNDERWOOD. Mr. Speaker, I forcement. as TSOs—continues to be among the yield myself such time as I may con- ‘‘(D) The Federal Law Enforcement Train- lowest paid Federal employees. sume. ing Center. Mr. Speaker, H.R. 5811, the TSA Per- Mr. Speaker, I urge support for H.R. ‘‘(E) The United States Secret Service. sonnel Workplace Improvement Act of 5811, a bill that seeks to improve condi- ‘‘(F) Any other components or offices the 2020, seeks to ease some of the burden tions for working parents in TSA’s Secretary determines appropriate. on TSOs who are also juggling the care ‘‘(2) CONSULTATION.—The Director shall frontline workforce. These improve- consult the Board established pursuant to of small children. The legislation di- ments may increase morale and reten- paragraph (1) regarding the following: rects TSA to provide lactation facili- tion, which is critical to ensure the ef- ‘‘(A) Recruitment tactics used by human ties for nursing mothers and 12 weeks fectiveness of aviation security in the traffickers to inform the development of of paid parental leave for all TSA per- face of evolving threats. training and materials by the Blue Cam- sonnel. I thank the gentleman from New paign. Under H.R. 5811, these lactation fa- York for introducing this bill, and I ‘‘(B) The development of effective aware- cilities must be assessed for cleanli- urge its passage. ness tools for distribution to Federal and ness, safety, and accessibility to per- Mr. Speaker, I yield back the balance non-Federal officials to identify and prevent instances of human trafficking. sonnel duty stations, and TSA must co- of my time. ‘‘(C) Identification of additional persons or ordinate implementation of the bill The SPEAKER pro tempore. The entities that may be uniquely positioned to with relevant stakeholders, including question is on the motion offered by recognize signs of human trafficking and the the union representing frontline TSA the gentlewoman from Illinois (Ms. development of materials for such persons.

VerDate Sep 11 2014 13:02 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\A30SE7.023 H30SEPT1 SSpencer on DSK126QN23PROD with HOUSE September 30, 2020 CONGRESSIONAL RECORD — HOUSE H5087 ‘‘(3) APPLICABILITY.—The Federal Advisor HOUSE OF REPRESENTATIVES, dustry professionals. The ability to Committee Act (5 U.S.C. App.) does not COMMITTEE ON THE JUDICIARY, recognize the signs of trafficking can apply to— Washington, DC, September 4, 2020. lead to rescuing individuals from traf- ‘‘(A) the Board; or Hon. BENNIE G. THOMPSON, ficking and bringing the criminals who ‘‘(B) consultations under paragraph (2). Chairman, Committee on Homeland Security, seek to exploit them to justice. House of Representatives, Washington, DC. ‘‘(h) CONSULTATION.—With regard to the de- This bill would build on the excellent velopment of programs under the Blue Cam- DEAR CHAIRMAN THOMPSON: This is to advise you that the Committee on the Judici- work of the DHS Blue Campaign and paign and the implementation of such pro- expand its awareness to include even grams, the Director is authorized to consult ary has now had an opportunity to review with State, local, Tribal, and territorial the provisions in H.R. 5804, the ‘‘DHS Blue more individuals that are likely to en- agencies, non-governmental organizations, Campaign Enhancement Act,’’ that fall with- counter victims of human trafficking. private sector organizations, and experts. in our Rule X jurisdiction. I appreciate your I applaud the efforts of my colleague Such consultation shall be exempt from the consulting with us on those provisions. The from Texas (Mr. CRENSHAW) and urge Federal Advisory Committee Act (5 U.S.C. Judiciary Committee has no objection to other Members to support the bill. App.).’’. your including them in the bill for consider- Mr. Speaker, I reserve the balance of ation on the House floor, and to expedite my time. The SPEAKER pro tempore. Pursu- that consideration is willing to forgo action Ms. UNDERWOOD. Mr. Speaker, I re- ant to the rule, the gentlewoman from on H.R. 5804, with the understanding that we serve the balance of my time. Illinois (Ms. UNDERWOOD) and the gen- do not thereby waive any future jurisdic- Mr. JOYCE of Pennsylvania. Mr. tional claim over those provisions or their tleman from Pennsylvania (Mr. JOYCE) Speaker, I yield 4 minutes to the gen- each will control 20 minutes. subject matters. In the event a House-Senate conference on tleman from Texas (Mr. CRENSHAW). The Chair recognizes the gentle- this or similar legislation is convened, the Mr. CRENSHAW. Mr. Speaker, I rise woman from Illinois. Judiciary Committee reserves the right to in strong support of my bill, H.R. 5804. Human trafficking is modern-day GENERAL LEAVE request an appropriate number of conferees to address any concerns with these or simi- slavery. It is one of the most heinous Ms. UNDERWOOD. Mr. Speaker, I lar provisions that may arise in conference. crimes imaginable. It deprives its vic- ask unanimous consent that all Mem- Please place this letter into the Congres- tims of their inalienable rights to life, bers may have 5 legislative days to re- sional Record during consideration of the liberty, and the pursuit of happiness. vise and extend their remarks and to measure on the House floor. Thank you for While DHS and the Department of include extraneous material on this the cooperative spirit in which you have Justice are the lead Federal agencies measure. worked regarding this matter and others be- in the fight against trafficking, State tween our committees. The SPEAKER pro tempore. Is there Sincerely, and local law enforcement frequently objection to the request of the gentle- JERROLD NADLER, encounter victims and their traf- woman from Illinois? Chairman. fickers. Individuals and employees of There was no objection. certain industries, such as medical pro- HOUSE OF REPRESENTATIVES, fessionals, educators, and airline em- Ms. UNDERWOOD. Mr. Speaker, I COMMITTEE ON HOMELAND SECURITY, ployees, among others, are also more yield myself such time as I may con- Washington, DC, September 16, 2020. likely to encounter victims and need to sume. Hon. JERROLD NADLER, know how to identify and respond to Mr. Speaker, the Department of Chairman, Committee on the Judiciary, them. This is where the Blue Campaign Homeland Security’s Blue Campaign is House of Representatives, Washington, DC. DEAR CHAIRMAN NADLER: Thank you for has come in to fill an important gap. dedicated to raising awareness about your letter regarding H.R. 5804, the ‘‘DHS ‘‘Blue Campaign is a national public how to identify and prevent human Blue Campaign Act.’’ The Committee on awareness campaign, designed to edu- trafficking. Homeland Security recognizes that the Com- cate the public, law enforcement, and Last year, over 4,000 self-reported mittee on the Judiciary has a jurisdictional other industry partners to recognize victims and survivors from all over the interest in H.R. 5804, and I appreciate your the indicators of human trafficking, country contacted the U.S. national effort to allow this bill to be considered on and how to appropriately respond to the House floor. possible cases.’’ hotline for help with a human traf- I concur with you that forgoing action on ficking situation, an increase of almost In the 10 years since it began, the the bill does not in any way prejudice the Blue Campaign has helped raise aware- 20 percent over the previous year. Committee on the Judiciary with respect to ness of trafficking. Materials developed Traffickers subject their victims to its jurisdictional prerogatives on this bill or by the Blue Campaign have helped in- forced labor, debt bondage, or sexual similar legislation in the future, and I would dividuals outside law enforcement rec- exploitation using violence, manipula- support your effort to seek appointment of ognize the signs of trafficking and tion, and false promises. an appropriate number of conferees to any House—Senate conference involving this leg- helped those at risk of being trafficked. This DHS campaign works to combat islation. It has fostered communication and trafficking by educating law enforce- I will include our letters on H.R. 5804 in the partnerships between industry, law en- ment and the public on how to recog- Congressional Record during floor consider- forcement, and nongovernmental organize the signs of human trafficking. To ation of this bill. I look forward to working nizations. effectively identify trafficking victims with you on this legislation and other mat- My bill, H.R. 5804, the DHS Blue and keep their community safe, local ters of great importance to this nation. Sincerely, Campaign Enhancement Act, amends and State law enforcement need to BENNIE G. THOMPSON, the Homeland Security Act to expand have timely information about the tac- Chairman. the reach of the Blue Campaign tics and techniques these criminals Mr. JOYCE of Pennsylvania. Mr. through the use of online educational use. Speaker, I yield myself such time as I videos and the creation of a Blue Cam- Mr. Speaker, H.R. 5804, the Blue may consume. paign Advisory Committee within DHS Campaign Enhancement Act, seeks to Mr. Speaker, I rise in support of H.R. to provide support and guidance for fu- do just that by, among other things, 5804. ture development, training, and out- expanding human trafficking preven- According to DHS, there are millions reach. It expands on the great work of the tion training opportunities. Impor- of victims of trafficking worldwide Blue Campaign and the fight against tantly, it would also create new, web- each year. Men, women, and children human trafficking. It is another step based training programs for State and are trafficked throughout the world— toward ending the cruel and inhumane local partners to ensure these edu- many of the victims right here in the exploitation by traffickers and res- cation tools can reach the widest pos- United States. cuing those caught in its grasp. sible audience. H.R. 5804 has bipartisan The Blue Campaign is a national support and was reported out of com- I appreciate my colleagues’ support campaign designed to promote aware- of this bill. mittee by unanimous consent. ness of trafficking and help identify Mr. Speaker, I urge my colleagues to the signs of trafficking. The Blue Cam- b 1400 support this legislation, and I reserve paign conducts outreach to law en- Ms. UNDERWOOD. Mr. Speaker, I the balance of my time. forcement, the public, and certain in- have no speakers, I am prepared to

VerDate Sep 11 2014 13:02 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\A30SE7.024 H30SEPT1 SSpencer on DSK126QN23PROD with HOUSE H5088 CONGRESSIONAL RECORD — HOUSE September 30, 2020 close, and I reserve the balance of my Keller Olson Stewart Shalala Takano Veasey time. Kelly (MS) Palazzo Stivers Sherman Thompson (CA) Vela Kelly (PA) Palmer Taylor Sherrill Thompson (MS) Vela´ zquez Mr. JOYCE of Pennsylvania. Mr. King (IA) Pence Thompson (PA) Sires Titus Visclosky Speaker, I urge a ‘‘yes’’ vote on the King (NY) Perry Thornberry Slotkin Tlaib Wasserman bill, and I yield back the balance of my Kinzinger Posey Tiffany Smith (WA) Tonko Schultz Soto Torres (CA) Waters time. Kustoff (TN) Reed Timmons LaHood Reschenthaler Tipton Spanberger Torres Small Watson Coleman Speier (NM) Welch Ms. UNDERWOOD. Mr. Speaker, I LaMalfa Rice (SC) Turner Lamborn Riggleman Stanton Trahan Wexton urge my colleagues to support H.R. Upton Latta Roby Stevens Trone Wild 5804, which seeks to build upon the suc- Van Drew Lesko Rodgers (WA) Suozzi Underwood Wilson (FL) cess of the DHS Blue Campaign’s Long Roe, David P. Wagner Swalwell (CA) Vargas Yarmuth human trafficking awareness campaign Loudermilk Rogers (AL) Walberg Lucas Rogers (KY) Walden NOT VOTING—17 to make it more accessible and effec- Walker tive. Luetkemeyer Rose, John W. Abraham Hagedorn Richmond Marchant Rouzer Walorski Carter (GA) Harris Rooney (FL) Mr. Speaker, I yield back the balance Marshall Roy Waltz DeGette Lamb Simpson of my time. Mast Rutherford Watkins Diaz-Balart Mitchell Stauber The SPEAKER pro tempore. The McCarthy Scalise Weber (TX) Emmer Mullin Wright McCaul Schweikert Webster (FL) Graves (GA) Nadler question is on the motion offered by McClintock Scott, Austin Wenstrup the gentlewoman from Illinois (Ms. McHenry Sensenbrenner Westerman b 1456 UNDERWOOD) that the House suspend McKinley Shimkus Williams Meuser Smith (MO) ´ the rules and pass the bill, H.R. 5804, as Wilson (SC) Messrs. GARCIA of Illinois, SEAN Miller Smith (NE) Wittman PATRICK MALONEY of New York, amended. Moolenaar Smith (NJ) Womack Mooney (WV) ALLRED, Ms. WASSERMAN The question was taken; and (two- Smucker Woodall Murphy (NC) Spano thirds being in the affirmative) the Yoho SCHULTZ, Messrs. PERLMUTTER, Newhouse Stefanik Young TAKANO, and MFUME changed their rules were suspended and the bill, as Norman Steil amended, was passed. Nunes Steube Zeldin vote from ‘‘yea’’ to ‘‘nay.’’ A motion to reconsider was laid on Messrs. CLOUD and TIPTON changed the table. NAYS—229 their vote from ‘‘nay’’ to ‘‘yea.’’ Adams Escobar Luria So the motion to recommit was re- f Aguilar Eshoo Lynch jected. Allred Espaillat Malinowski Amash Evans Maloney, The result of the vote was announced UYGHUR FORCED LABOR as above recorded. DISCLOSURE ACT OF 2020 Axne Finkenauer Carolyn B. Barraga´ n Fletcher Maloney, Sean Stated for: The SPEAKER pro tempore. Pursu- Bass Foster Massie Mr. CARTER of Georgia. Mr. Speaker, I Beatty Frankel Matsui ant to clause 8 of rule XX, the unfin- Bera Fudge McAdams was unavoidably detained. Had I been ished business is the vote on the mo- Beyer Gabbard McBath present, I would have voted ‘‘yea’’ on rollcall tion to recommit on the bill (H.R. 6270) Bishop (GA) Gallego McCollum No. 209. to amend the Securities Exchange Act Blumenauer Garamendi McEachin Blunt Rochester Garcıá (IL) McGovern MEMBERS RECORDED PURSUANT TO HOUSE of 1934 to require issuers to make cer- Bonamici Garcia (TX) McNerney RESOLUTION 965, 116TH CONGRESS tain disclosures relating to the Boyle, Brendan Golden Meeks Beatty Kaptur (Dingell) Napolitano Xinjiang Uyghur Autonomous Region, F. Gomez Meng (Lawrence) Kennedy (Kuster (Correa) and for other purposes, offered by the Brindisi Gonzalez (TX) Mfume Butterfield (NH)) Payne Brown (MD) Gottheimer Moore (Kildee) Kirkpatrick (Wasserman gentleman from North Carolina (Mr. Brownley (CA) Green, Al (TX) Morelle Chu, Judy (Stanton) Schultz) MCHENRY), on which the yeas and nays Bustos Grijalva Moulton (Takano) Langevin Pingree (Clark were ordered. Butterfield Haaland Mucarsel-Powell Cohen (Beyer) (Lynch) (MA)) Carbajal Harder (CA) Murphy (FL) The Clerk will redesignate the mo- DeSaulnier Lawson (FL) Pocan (Raskin) Ca´ rdenas Hastings Napolitano (Matsui) (Evans) Pressley (Garcıá tion. Carson (IN) Hayes Neal Frankel (Clark Lieu, Ted (Beyer) (IL)) The Clerk redesignated the motion. Cartwright Heck Neguse (MA)) Lipinski (Cooper) Roybal-Allard The SPEAKER pro tempore. The Case Higgins (NY) Norcross Fudge (Bass) Lofgren (Jeffries) (Aguilar) Casten (IL) Himes O’Halleran Garamendi Lowenthal Rush question is on the motion to recommit. Castor (FL) Horn, Kendra S. Ocasio-Cortez (Sherman) (Beyer) (Underwood) The vote was taken by electronic de- Castro (TX) Horsford Omar Grijalva (Garcıá Lowey (Tonko) Serrano vice, and there were—yeas 184, nays Chu, Judy Houlahan Pallone (IL)) McEachin (Jeffries) Cicilline Hoyer Panetta 229, not voting 17, as follows: Hastings (Wexton) Thompson (CA) Cisneros Huffman Pappas (Wasserman Meng (Clark (Kildee) [Roll No. 209] Clark (MA) Jackson Lee Pascrell Schultz) (MA)) Titus (Connolly) Clarke (NY) Jayapal Payne YEAS—184 Hayes (Courtney) Moore (Beyer) Watson Coleman Clay Jeffries Perlmutter Huffman (Kildee) Mucarsel-Powell (Pallone) Aderholt Cheney Gonzalez (OH) Cleaver Johnson (GA) Peters Johnson (TX) (Wasserman Wilson (FL) Allen Cline Gooden Clyburn Johnson (TX) Peterson (Jeffries) Schultz) (Adams) Amodei Cloud Gosar Cohen Kaptur Phillips Armstrong Cole Granger Connolly Keating Pingree The SPEAKER pro tempore (Mr. Arrington Collins (GA) Graves (LA) Cooper Kelly (IL) Pocan BLUMENAUER). The question is on the Babin Comer Graves (MO) Correa Kennedy Porter Bacon Conaway Green (TN) Costa Khanna Pressley passage of the bill. Baird Cook Griffith Courtney Kildee Price (NC) The question was taken; and the Balderson Crawford Grothman Cox (CA) Kilmer Quigley Speaker pro tempore announced that Banks Crenshaw Guest Craig Kim Raskin the ayes appeared to have it. Barr Curtis Guthrie Crist Kind Rice (NY) Bergman Davidson (OH) Hartzler Crow Kirkpatrick Rose (NY) Mr. MCHENRY. Mr. Speaker, on that Biggs Davis, Rodney Hern, Kevin Cuellar Krishnamoorthi Rouda I demand the yeas and nays. Bilirakis DesJarlais Herrera Beutler Cunningham Kuster (NH) Roybal-Allard The SPEAKER pro tempore. Pursu- Bishop (NC) Duncan Hice (GA) Davids (KS) Langevin Ruiz Bishop (UT) Dunn Higgins (LA) Davis (CA) Larsen (WA) Ruppersberger ant to section 3 of House Resolution Bost Estes Hill (AR) Davis, Danny K. Larson (CT) Rush 965, the yeas and nays are ordered. Brady Ferguson Holding Dean Lawrence Ryan The vote was taken by electronic de- Brooks (AL) Fitzpatrick Hollingsworth DeFazio Lawson (FL) Sa´ nchez vice, and there were—yeas 253, nays Brooks (IN) Fleischmann Hudson DeLauro Lee (CA) Sarbanes Buchanan Flores Huizenga DelBene Lee (NV) Scanlon 163, not voting 14, as follows: Buck Fortenberry Hurd (TX) Delgado Levin (CA) Schakowsky [Roll No. 210] Bucshon Foxx (NC) Jacobs Demings Levin (MI) Schiff Budd Fulcher Johnson (LA) DeSaulnier Lieu, Ted Schneider YEAS—253 Burchett Gaetz Johnson (OH) Deutch Lipinski Schrader Adams Bass Blunt Rochester Burgess Gallagher Johnson (SD) Dingell Loebsack Schrier Aguilar Beatty Bonamici Byrne Garcia (CA) Jordan Doggett Lofgren Scott (VA) Allred Bera Boyle, Brendan Calvert Gianforte Joyce (OH) Doyle, Michael Lowenthal Scott, David Axne Beyer F. Carter (TX) Gibbs Joyce (PA) F. Lowey Serrano Banks Bishop (GA) Brindisi Chabot Gohmert Katko Engel Luja´ n Sewell (AL) Barraga´ n Blumenauer Brooks (IN)

VerDate Sep 11 2014 13:02 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\K30SE7.068 H30SEPT1 SSpencer on DSK126QN23PROD with HOUSE September 30, 2020 CONGRESSIONAL RECORD — HOUSE H5089 Brown (MD) Himes Peterson Fulcher Lesko Rouzer ed, on which the yeas and nays were or- Brownley (CA) Horn, Kendra S. Phillips Garcia (CA) Long Roy dered. Bustos Horsford Pingree Gianforte Loudermilk Rutherford Butterfield Houlahan Pocan Gibbs Lucas Scalise The Clerk read the title of the bill. Carbajal Hoyer Porter Gohmert Luetkemeyer Scott, Austin The SPEAKER pro tempore. The Ca´ rdenas Huffman Pressley Gonzalez (OH) Marchant Sensenbrenner question is on the motion offered by Carson (IN) Hurd (TX) Price (NC) Gooden Marshall Smith (MO) the gentleman from New Jersey (Mr. Cartwright Jackson Lee Quigley Gosar Massie Smith (NE) Granger Mast Case Jayapal Raskin Smucker PALLONE) that the House suspend the Casten (IL) Jeffries Reed Graves (LA) McCarthy Spano rules and pass the bill, as amended. Castor (FL) Johnson (GA) Rice (NY) Graves (MO) McCaul Steil Castro (TX) Johnson (TX) Richmond Green (TN) McClintock The vote was taken by electronic de- Steube Chu, Judy Kaptur Rose (NY) Griffith McHenry vice, and there were—yeas 414, nays 0, Cicilline Katko Rouda Guest McKinley Stewart not voting 16, as follows: Cisneros Keating Roybal-Allard Guthrie Meuser Stivers Clark (MA) Kelly (IL) Ruiz Harris Miller Taylor [Roll No. 211] Clarke (NY) Kennedy Ruppersberger Hern, Kevin Moolenaar Thompson (PA) YEAS—414 Clay Khanna Rush Hice (GA) Mooney (WV) Thornberry Cleaver Kildee Ryan Higgins (LA) Murphy (NC) Timmons Adams Craig Hice (GA) Clyburn Kilmer Sa´ nchez Hill (AR) Newhouse Tipton Aderholt Crawford Higgins (LA) Cohen Kim Sarbanes Holding Norman Turner Aguilar Crenshaw Higgins (NY) Allen Crist Connolly Kind Scanlon Hollingsworth Nunes Walberg Hill (AR) Allred Crow Himes Cooper King (IA) Schakowsky Hudson Olson Walden Amash Cuellar Holding Correa King (NY) Schiff Huizenga Palazzo Walker Costa Kinzinger Schneider Jacobs Palmer Amodei Cunningham Hollingsworth Watkins Armstrong Curtis Horn, Kendra S. Courtney Kirkpatrick Schrader Johnson (LA) Pence Weber (TX) Johnson (OH) Arrington Davids (KS) Horsford Cox (CA) Krishnamoorthi Schrier Perry Webster (FL) Craig Kuster (NH) Johnson (SD) Posey Axne Davidson (OH) Houlahan Schweikert Wenstrup Crist LaHood Scott (VA) Jordan Reschenthaler Babin Davis (CA) Hoyer Westerman Crow Langevin Scott, David Joyce (OH) Rice (SC) Bacon Davis, Danny K. Hudson Williams Cuellar Larsen (WA) Serrano Joyce (PA) Riggleman Baird Davis, Rodney Huffman Cunningham Larson (CT) Sewell (AL) Keller Roby Wilson (SC) Balderson Dean Huizenga Davids (KS) Lawrence Shalala Kelly (MS) Rodgers (WA) Wittman Banks DeFazio Hurd (TX) Davis (CA) Lawson (FL) Sherman Kelly (PA) Roe, David P. Womack Barr DeLauro Jackson Lee ´ Davis, Danny K. Lee (CA) Sherrill Kustoff (TN) Rogers (AL) Woodall Barragan DelBene Jacobs Dean Lee (NV) Shimkus LaMalfa Rogers (KY) Yoho Bass Delgado Jayapal DeFazio Levin (CA) Sires Lamborn Rooney (FL) Young Beatty Demings Jeffries DeLauro Levin (MI) Slotkin Latta Rose, John W. Zeldin Bera DeSaulnier Johnson (GA) DelBene Lieu, Ted Smith (NJ) Bergman DesJarlais Johnson (LA) Delgado Lipinski Smith (WA) NOT VOTING—14 Beyer Deutch Johnson (OH) Demings Loebsack Soto Abraham Graves (GA) Nadler Biggs Dingell Johnson (SD) Bilirakis Doggett Johnson (TX) DeSaulnier Lofgren Spanberger DeGette Hagedorn Simpson Bishop (GA) Doyle, Michael Jordan Deutch Lowenthal Speier Diaz-Balart Lamb Stauber Bishop (NC) F. Joyce (OH) Dingell Lowey Stanton Emmer Mitchell Wright Doggett Luja´ n Stefanik Gabbard Mullin Bishop (UT) Duncan Joyce (PA) Doyle, Michael Luria Stevens Blumenauer Dunn Kaptur Blunt Rochester Engel Katko F. Lynch Suozzi b 1542 Engel Malinowski Swalwell (CA) Bonamici Escobar Keating Escobar Maloney, Takano So the bill was passed. Bost Eshoo Keller Eshoo Carolyn B. Thompson (CA) The result of the vote was announced Boyle, Brendan Espaillat Kelly (IL) Espaillat Maloney, Sean Thompson (MS) F. Estes Kelly (MS) Evans Matsui Tiffany as above recorded. Brindisi Evans Kelly (PA) Finkenauer McAdams Titus A motion to reconsider was laid on Brooks (AL) Ferguson Kennedy Fitzpatrick McBath Tlaib the table. Brooks (IN) Finkenauer Khanna Fletcher McCollum Tonko Brown (MD) Fitzpatrick Kildee Fortenberry McEachin Torres (CA) MEMBERS RECORDED PURSUANT TO HOUSE Brownley (CA) Fleischmann Kilmer Foster McGovern Torres Small RESOLUTION 965, 116TH CONGRESS Buchanan Fletcher Kim Buck Flores Kind Frankel McNerney (NM) Beatty Kennedy (Kuster Payne Bucshon Fortenberry King (IA) Fudge Meeks Trahan (Lawrence) (NH)) (Wasserman Budd Foster King (NY) Gaetz Meng Trone Schultz) Butterfield Kirkpatrick Burchett Foxx (NC) Kinzinger Gallagher Mfume Underwood Pingree (Clark (Kildee) (Stanton) Burgess Frankel Kirkpatrick Gallego Moore Upton (MA)) Chu, Judy Langevin Bustos Fudge Krishnamoorthi Garamendi Morelle Van Drew Pocan (Raskin) (Takano) (Lynch) Butterfield Fulcher Kuster (NH) Garcıá (IL) Moulton Vargas Pressley (Garcıá Cohen (Beyer) Lawson (FL) Byrne Gaetz Kustoff (TN) Garcia (TX) Mucarsel-Powell Veasey (IL)) DeSaulnier (Evans) Calvert Gallagher LaHood Golden Murphy (FL) Vela Richmond (Matsui) Lieu, Ted (Beyer) Carbajal Gallego LaMalfa Gomez Napolitano Vela´ zquez (Davids (KS)) Frankel (Clark Lipinski (Cooper) Ca´ rdenas Garamendi Lamborn Gonzalez (TX) Neal Visclosky Rooney (FL) (MA)) Lofgren (Jeffries) Carson (IN) Garcia (CA) Langevin Gottheimer Neguse Wagner (Beyer) Fudge (Bass) Lowenthal Carter (GA) Garcıá (IL) Larsen (WA) Green, Al (TX) Norcross Walorski Roybal-Allard Garamendi (Beyer) Carter (TX) Garcia (TX) Larson (CT) Grijalva O’Halleran Waltz (Aguilar) Cartwright Gianforte Latta Grothman Ocasio-Cortez Wasserman (Sherman) Lowey (Tonko) Rush ´ Case Gibbs Lawrence Haaland Omar Schultz Grijalva (Garcıa McEachin (Underwood) Casten (IL) Gohmert Lawson (FL) Harder (CA) Pallone Waters (IL)) (Wexton) Serrano Castor (FL) Golden Lee (CA) Hartzler Panetta Watson Coleman Hastings Meng (Clark (Jeffries) Castro (TX) Gomez Lee (NV) Hastings Pappas Welch (Wasserman (MA)) Thompson (CA) Chabot Gonzalez (OH) Lesko Hayes Pascrell Wexton Schultz) Moore (Beyer) (Kildee) Cheney Gonzalez (TX) Levin (CA) Heck Payne Wild Hayes (Courtney) Mucarsel-Powell Titus (Connolly) Chu, Judy Gooden Levin (MI) Herrera Beutler Perlmutter Wilson (FL) Huffman (Kildee) (Wasserman Watson Coleman Cicilline Gosar Lieu, Ted Higgins (NY) Peters Yarmuth Johnson (TX) Schultz) (Pallone) Cisneros Gottheimer Lipinski (Jeffries) Napolitano Wilson (FL) Clark (MA) Granger Loebsack NAYS—163 Kaptur (Dingell) (Correa) (Adams) Clarke (NY) Graves (LA) Lofgren Aderholt Brady Collins (GA) f Clay Graves (MO) Long Allen Brooks (AL) Comer Cleaver Green (TN) Loudermilk Amash Buchanan Conaway Cline Green, Al (TX) Lowenthal Amodei Buck Cook TIMELY REAUTHORIZATION OF Cloud Griffith Lowey Armstrong Bucshon Crawford NECESSARY STEM-CELL PRO- Clyburn Grijalva Lucas Arrington Budd Crenshaw GRAMS LENDS ACCESS TO NEED- Cohen Grothman Luetkemeyer Babin Burchett Curtis Cole Guest Luja´ n Bacon Burgess Davidson (OH) ED THERAPIES ACT OF 2019 Collins (GA) Guthrie Luria Baird Byrne Davis, Rodney The SPEAKER pro tempore. Pursu- Comer Haaland Lynch Balderson Calvert DesJarlais Conaway Harder (CA) Malinowski Barr Carter (GA) Duncan ant to clause 8 of rule XX, the unfin- Connolly Harris Maloney, Bergman Carter (TX) Dunn ished business is the vote on the mo- Cook Hartzler Carolyn B. Biggs Chabot Estes tion to suspend the rules and pass the Cooper Hastings Maloney, Sean Bilirakis Cheney Ferguson bill (H.R. 4764) to reauthorize the Stem Correa Hayes Marchant Bishop (NC) Cline Fleischmann Costa Heck Marshall Bishop (UT) Cloud Flores Cell Therapeutic and Research Act of Courtney Hern, Kevin Massie Bost Cole Foxx (NC) 2005, and for other purposes, as amend- Cox (CA) Herrera Beutler Mast

VerDate Sep 11 2014 13:02 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\A30SE7.026 H30SEPT1 SSpencer on DSK126QN23PROD with HOUSE H5090 CONGRESSIONAL RECORD — HOUSE September 30, 2020 Matsui Reschenthaler Stivers Moore (Beyer) Pocan (Raskin) Thompson (CA) consideration of this resolution, all ´ McAdams Rice (NY) Suozzi Mucarsel-Powell Pressley (Garcıa (Kildee) time yielded is for the purpose of de- McBath Rice (SC) Swalwell (CA) (Wasserman (IL)) Titus (Connolly) McCarthy Richmond Takano Schultz) Richmond Watson Coleman bate only. McCaul Riggleman Taylor Napolitano (Davids (KS)) (Pallone) b 1630 McClintock Roby Thompson (CA) (Correa) Roybal-Allard Wilson (FL) McCollum Rodgers (WA) Thompson (MS) Payne (Aguilar) (Adams) GENERAL LEAVE McEachin Roe, David P. Thompson (PA) (Wasserman Rush Mr. MCGOVERN. Mr. Speaker, I ask McGovern Rogers (AL) Thornberry Schultz) (Underwood) McHenry Rogers (KY) Tiffany Pingree (Clark Serrano unanimous consent that all Members McKinley Rose (NY) Timmons (MA)) (Jeffries) be given 5 legislative days to revise and McNerney Rose, John W. Tipton f Meeks Rouda extend their remarks. Titus The SPEAKER pro tempore. Is there Meng Rouzer Tlaib REPORT ON RESOLUTION PRO- Meuser Roy Tonko objection to the request of the gen- Mfume Roybal-Allard VIDING FOR CONSIDERATION OF Torres (CA) tleman from Massachusetts? Miller Ruiz SENATE AMENDMENTS TO H.R. Torres Small Moolenaar Ruppersberger There was no objection. (NM) 925, NORTH AMERICAN WET- Mooney (WV) Rush Mr. MCGOVERN. Mr. Speaker, the Trahan LANDS CONSERVATION EXTEN- Moore Rutherford Trone Rules Committee met and reported a Morelle Ryan SION ACT Turner rule, House Resolution 1161, providing Moulton Sa´ nchez Underwood Mr. MCGOVERN, from the Com- Mucarsel-Powell Sarbanes for consideration of the Senate amend- Upton Murphy (FL) Scalise mittee on Rules, submitted a privi- ments to H.R. 925, America’s Conserva- Van Drew Murphy (NC) Scanlon leged report (Rept. No. 116–556) on the Vargas tion Enhancement Act. Napolitano Schakowsky Veasey resolution (H. Res. 1161) providing for The rule makes in order a single mo- Neal Schiff consideration of the Senate amend- Neguse Schneider Vela tion offered by the chair of the Com- ´ Newhouse Schrader Velazquez ments to the bill (H.R. 925) to extend mittee on Appropriations or her des- Norcross Schrier Visclosky the authorization of appropriations for Wagner ignee that the House: One, concur in Norman Schweikert allocation to carry out approved wet- Nunes Scott (VA) Walberg the Senate amendment to the title; O’Halleran Scott, Austin Walden lands conservation projects under the and, two, concur in the Senate amend- Ocasio-Cortez Scott, David Walker North American Wetlands Conserva- ment to the text with an amendment Olson Sensenbrenner Walorski tion Act through fiscal year 2024, which Waltz consisting of the text of Rules Com- Omar Serrano was referred to the House Calendar and Palazzo Sewell (AL) Wasserman mittee Print 116–66, which is identical Pallone Shalala Schultz ordered to be printed. to H.R. 8406, the Heroes Act. Waters Palmer Sherman f Finally, the rule provides for 2 hours Panetta Sherrill Watkins Pappas Shimkus Watson Coleman PROVIDING FOR CONSIDERATION of debate equally divided and con- Pascrell Sires Weber (TX) OF SENATE AMENDMENTS TO trolled by the chair and the ranking Payne Slotkin Webster (FL) minority member of the Committee on Pence Smith (MO) Welch H.R. 925, NORTH AMERICAN WET- Perlmutter Smith (NE) Wenstrup LANDS CONSERVATION EXTEN- Appropriations. Perry Smith (NJ) Westerman SION ACT Mr. Speaker, we are here today be- Peters Smith (WA) Wexton cause the American people are tired of Peterson Smucker Wild Mr. MCGOVERN. Mr. Speaker, by di- waiting. Williams Phillips Soto rection of the Committee on Rules, I It has been more than 4 months since Pingree Spanberger Wilson (FL) call up House Resolution 1161 and ask Pocan Spano Wilson (SC) this House passed the Heroes Act in re- Porter Speier Wittman for its immediate consideration. sponse to the coronavirus pandemic to Posey Stanton Womack The Clerk read the resolution, as fol- help our first responders, healthcare Pressley Stefanik Woodall lows: Price (NC) Steil Yarmuth workers, struggling businesses, and Quigley Steube Yoho H. RES. 1161 local governments. Raskin Stevens Young Resolved, That upon adoption of this reso- This bill passed this House on May Reed Stewart Zeldin lution it shall be in order to take from the 15, Mr. Speaker. But what did the Sen- NOT VOTING—16 Speaker’s table the bill (H.R. 925) to extend ate do, Mr. Speaker? Nothing. the authorization of appropriations for allo- Abraham Graves (GA) Rooney (FL) cation to carry out approved wetlands con- They apparently couldn’t be bothered Brady Hagedorn Simpson servation projects under the North American to bring this bill up for a vote in over DeGette Lamb Stauber 4 months, but it took MITCH MCCON- Diaz-Balart Mitchell Wright Wetlands Conservation Act through fiscal Emmer Mullin year 2024, with the Senate amendments NELL roughly 80 minutes after Justice Gabbard Nadler thereto, and to consider in the House, with- Ginsburg passed away to announce a out intervention of any point of order or b 1625 vote on a Supreme Court nominee. question of consideration, a single motion Now, you can’t make this stuff up. So (two-thirds being in the affirma- offered by the chair of the Committee on Ap- Something is terribly, terribly wrong propriations or her designee that the House: tive) the rules were suspended and the here. bill, as amended, was passed. (1) concur in the Senate amendment to the title; and (2) concur in the Senate amend- More than 205,000 Americans have The result of the vote was announced ment to the text with an amendment con- lost their lives due to coronavirus and as above recorded. sisting of the text of Rules Committee Print more than 7 million more have been af- A motion to reconsider was laid on 116-66. The Senate amendments and the mo- fected. the table. tion shall be considered as read. The motion Millions of people are out of work, Stated for: shall be debatable for two hours equally di- small businesses are struggling, and Mr. BRADY. Mr. Speaker, had I been vided and controlled by the chair and rank- some have had to shut their doors for- ing minority member of the Committee on present, I would have voted ‘‘yea’’ on H.R. ever. Our economy hasn’t taken a hit 4764. Appropriations. The previous question shall be considered as ordered on the motion to its like this since the Great Depression. MEMBERS RECORDED PURSUANT TO HOUSE adoption without intervening motion or de- Many families are struggling every day RESOLUTION 965, 116TH CONGRESS mand for division of the question. to make ends meet. Kids are going hun- Beatty Grijalva (Garcı´a Langevin The SPEAKER pro tempore (Mr. gry. (Lawrence) (IL)) (Lynch) CARSON of Indiana). The gentleman This pandemic isn’t going to just dis- Butterfield Hastings Lawson (FL) (Kildee) (Wasserman (Evans) from Massachusetts is recognized for 1 appear overnight, as the President has Chu, Judy Schultz) Lieu, Ted (Beyer) hour. suggested. It is going to take a whole- (Takano) Hayes (Courtney) Lipinski (Cooper) Mr. MCGOVERN. Mr. Speaker, for of-government response for quite some Cohen (Beyer) Huffman (Kildee) Lofgren (Jeffries) DeSaulnier Johnson (TX) Lowenthal the purpose of debate only, I yield the time, and that requires Congress to (Matsui) (Jeffries) (Beyer) customary 30 minutes to the gen- act. Frankel (Clark Kaptur (Dingell) Lowey (Tonko) tleman from Oklahoma (Mr. COLE), the The Republicans in the Senate may (MA)) Kennedy (Kuster McEachin ranking member of the Rules Com- be able to sleep at night telling the Fudge (Bass) (NH)) (Wexton) Garamendi Kirkpatrick Meng (Clark mittee, pending which I yield myself American people to wait and then wait (Sherman) (Stanton) (MA)) such time as I may consume. During some more and then wait some more

VerDate Sep 11 2014 13:02 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\A30SE7.032 H30SEPT1 SSpencer on DSK126QN23PROD with HOUSE September 30, 2020 CONGRESSIONAL RECORD — HOUSE H5091 while they rubber stamp another judge, port this rule and the underlying He- jority insists on blocking these meas- but I cannot ask our people, our com- roes Act so we can finally, finally get ures and bringing up their own par- munities, our small businesses, our relief to where it is so badly needed. tisan wish list instead does not make workers and their families to wait any Mr. Speaker, I reserve the balance of sense to me. longer. No one in this majority can. my time. But what makes even less sense is Our country is suffering, and our peo- Mr. COLE. Mr. Speaker, I yield my- the egregious process they followed in ple are in pain. That is why we have self such time as I may consume, and I considering this bill. The process, if tried over these past 4 months to strike thank my good friend, the gentleman you can even call it that, violated a fair and commonsense deal with Sen- from Massachusetts (Mr. MCGOVERN), House rules and any notion of fairness. ate Republicans, but they couldn’t the distinguished chairman of the The bill was introduced on Monday even come to an agreement on a pack- Rules Committee, for yielding me the night after being drafted in secret in age among themselves. Republicans are customary 30 minutes. Speaker PELOSI’s office without any fighting with Republicans over there, Mr. Speaker, we are here today to Republican input whatsoever. No com- so they just abandoned doing anything consider a rule that provides for con- mittee held a hearing on it and no com- at all. sideration of a single item, the Senate mittee marked it up. That is violating Doing nothing is unconscionable. amendment to H.R. 925, the majority’s the McGovern rule, which requires any I am proud that our Speaker, NANCY second attempt to pass a partisan wish bill coming before the Rules Com- PELOSI, has never given up. She has list under the guise of a coronavirus re- mittee to have a hearing and a markup spoken with Treasury Secretary lief bill. in the committee of jurisdiction. Mnuchin again and again and again There are two quotes that sum up The bill is 2,152 pages long, and I and again trying to come up with an how I feel about today’s rule, Mr. highly doubt that most Members have agreement. Speaker. The first, widely had time to read, review, and digest it Her offer to this administration was misattributed to Albert Einstein, is in that short amount of time. simple: let’s meet halfway. Let’s take that: ‘‘The definition of insanity is I will say this, though: it does set a the $3.4 trillion in relief contained in doing the same thing over and over record. It spends $1 billion a page. That the initial Heroes Act and reduce it by again and expecting different results’’; is pretty remarkable spending. $1.2 trillion. We would still fund our the second, accurately attributed to When your process is that bad, no first responders, our small businesses, Yogi Berra, is that today’s action feels wonder the output is as bad as the bill and our State and local governments, like: ‘‘It’s deja vu all over again.’’ we are considering today. but we would meet Republicans in the Today, the House majority is bring- The majority claims that today’s bill middle. We would come down $1 trillion ing up again a partisan coronavirus re- is a scaled-down version of the Heroes and they would come up $1 trillion. lief package, just as they did in May. Act, a bill we considered back in May. That is called compromise. That is As in May, today’s bill was written If the majority’s funding calculations what you do, and it is what you have to with only Democratic input. on the amount of money we are spend- do from time to time in divided govern- Like in May, today’s bill has a mas- ing in this bill are accurate, that may ment. The bill included in this rule, sive price tag. This sits at $2.4 trillion. be technically correct, but it still has H.R. 8406, reflects that give-and-take. As in May, today’s bill contains a the exact same policies and problems There is funding here for State and plethora of provisions that are com- as the Heroes Act. local governments to avert layoffs and pletely unrelated to coronavirus relief. This bill includes massive spending continue critical services; for Indeed, just like in May, today’s bill even in areas where we appropriated coronavirus testing, tracing, and treat- is more akin to a Democratic policy funds as part of the CARES Act in ment; for our hospitals and for our wish list than to an actual relief bill. March and haven’t fully spent them healthcare providers; for continuing And just as in May, we all know what yet: funding for Democratic policy pri- unemployment insurance; and for fami- the end result will be: the Senate will orities at the expense of bipartisan lies to pay for necessities like food, not pass this bill and the President will ones; inclusion of provisions that are utilities, and rent during this pan- not sign it into law. completely unrelated to coronavirus demic. But it doesn’t have to be this way, relief, like a complicated and con- This revamped Heroes Act totals $2.2 Mr. Speaker. troversial multiemployer pension bill, trillion. Many Democrats, including For whatever reason, the majority is a provision revealing an existing provi- myself, favored the original larger bill. refusing to truly negotiate on a bipar- sion of law requiring the auction of T- My friends on the other side wanted tisan coronavirus relief bill that would Band spectrum, massive student loan something much smaller. But disagree- provide real relief for millions of Amer- forgiveness, and the mandating of a na- ment should never result in inaction. icans. tional vote by mail. One in four children in this country I grant them, discussions have taken Some of these may deserve consider- are at risk of going hungry this year place. But when the majority continues ation, but what they are doing in a bill because of this pandemic, Mr. Speaker. to insist that it is their way or no way that is supposed to be about providing The lines for food banks in some com- and refuses to meet Republicans half- relief to Americans affected by the munities already go for miles. way, one begins to understand how we coronavirus pandemic is beyond me. People are hurting today, right now. got to this point. Mr. Speaker, in any bill this size, it We all know that. And if you don’t Mr. Speaker, I would remind both is inevitable that all Members will find know that, you don’t go back to your this Chamber and the American people at least one provision that they like, district. that it has been the Democrats who but it is the package as a whole that is We all know what it takes to truly do have blocked a second coronavirus re- offensive and objectionable. something about it. lief bill. Just last week, House Demo- Drafted without Republican input We have pleaded with the Senate to crats blocked Republicans from bring- and with nothing but Democratic ideas take this bill up for months, we have ing up a simple bill to extend the Pay- and extraneous policy priorities, it is negotiated over and over again, and check Protection Program. In the Sen- doomed to the same result as happened today we are back with a compromise ate, Democrats blocked the majority the last time the majority tried this proposal. from bringing up a clean extension of approach. The only question, Mr. Speaker, is PPP, and later, Democrats blocked a With their actions today, we will not whether my Republican colleagues are Republican-led coronavirus relief bill move the ball forward, we will not finally ready to take ‘‘yes’’ for an an- from being considered, not because draw closer to a final deal that actu- swer. they disagreed with anything in the ally helps Americans. And what they On behalf of the most vulnerable bill, but because they just thought will do is to continue to pass on the among us, those who are out of work, other things should be in the bill. chance to actually work together as a going hungry, and struggling to get by, All of these bills are bills that the bipartisan institution and to provide I pray the answer is finally ‘‘yes.’’ President would have signed into law. real help to the American people. Once again, Mr. Speaker, I ask my At a time when so many Americans Just as in May, the majority is put- colleagues, all my colleagues, to sup- are truly suffering, why the House ma- ting up a partisan bill, when what we

VerDate Sep 11 2014 13:02 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K30SE7.077 H30SEPT1 SSpencer on DSK126QN23PROD with HOUSE H5092 CONGRESSIONAL RECORD — HOUSE September 30, 2020 need is a bipartisan deal. We did that ployed; protects payrolls; ensures pass a bill. It was my friend’s party four times before, Mr. Speaker. If we worker safety; preserves health cov- that kept them from considering it. chose to, we could do so again. erage; restores unemployment benefits; As to the Supreme Court, thank They are doing the same thing again bolsters housing assistance; strength- goodness they don’t have to deal with and expecting a different result. ens food security at a time when a the House of Representatives. That is Mr. Speaker, it didn’t have to be this record number of Americans are going why they are able to move quickly. way. There are many areas where we hungry. They could move pretty quickly if they agree: Paycheck Protection Program; Again, just to put this in context, we had somebody they could deal with additional money for schools to reopen; passed something 4 months ago. Four here as well. a one-time payment of $1,200 per indi- months ago, we sent it over to the Sen- It is my friends who have chosen to vidual, $500 per child in households ate. Now, they should have passed craft legislation that they know will be making less than $75,000 a year; addi- something, and then we could have ne- unacceptable, that they know the tional money to speed the distribution gotiated the differences. That is the President will not sign, and then rail of vaccines. way it usually works. at them for not passing it and the Those are areas we could bring out The Republicans are fighting with President for not signing it. That is the one at a time or bundled together and Republicans over in the Senate. There height of chutzpah, if you will. pass. Instead, my friends have chosen is a big chunk of Republicans who Mr. Speaker, I yield 3 minutes to the to use a formula they know is doomed don’t want to appropriate one more gentlewoman from Arizona (Mrs. to failure. penny for the American people. No, LESKO), my distinguished friend and As to the amount, the President has they don’t have the time. But they fellow member of the Rules Com- actually been flexible. The original have the time to rush through another mittee. Mrs. LESKO. Mr. Speaker, I thank Senate proposal was $1 trillion, no in- Supreme Court Justice, in record time. Mr. COLE for yielding me the time. considerable sum of money, I might I guess what is so frustrating is that some of my friends act like this is not I agree with Chairman MCGOVERN add. The President moved that up to an emergency, like, you know, we can that we need to help the American peo- $1.5 trillion. That wasn’t good enough, just kind of go along and everything ple. There are still people hurting out even though many members of my will be fine. This is an emergency. there, and they need help from us. friend’s party actually supported that, We haven’t faced a crisis like this in That is why it is so frustrating to me the so-called Problem Solvers Caucus. our lifetime, and if we don’t have an that we have this bill in front of us be- So I don’t want to belabor the point, all-out comprehensive approach, not a cause it is just a very similar version but I know the difference between a se- scalpel approach—it is not just about to the partisan bill that the Democrats rious effort to pass legislation that has PPP. It is also about our schools, our pushed out of here just a few months a chance of passing in the Senate and healthcare workers, our first respond- ago that they know is not going to get being signed by the President and a ers. It is about a whole bunch of stuff. anywhere. messaging exercise, and that is all we But if we don’t have an all-comprehen- I remember seeing in the media how are engaged in today. So it is indeed, sive approach, then this economy is Democrats in the House in swing dis- Mr. Speaker, deja vu all over again. going to have a very difficult time re- tricts were asking, pleading with Mr. Speaker, I urge opposition to the covering. Speaker PELOSI, to please negotiate rule, and I reserve the balance of my It is just frustrating to me. I was with the Republicans and the President time. home in Massachusetts. I did tours of to actually get a bill that will be Mr. MCGOVERN. Mr. Speaker, I yield restaurants in my district, and people passed and signed into law because, myself such time as I may consume. have been visiting some of our res- after all, you all know that if you real- Mr. Speaker, I just want to say that taurants, eating outside. But in Massa- ly want to help the American people, when my friend says this is a Demo- chusetts, we get winters. It is going to you have to have a bill that is actually cratic wish list of things, I mean, the get cold soon, and pretty soon, people able to get signed into law, and this fact of the matter is, we are trying to are not going to want to eat outside. bill is not it. respond to a pandemic. We haven’t had They won’t be able to. Unfortunately, this bill, once again, to deal with something like this since If people don’t feel safe going inside highlights a lot of the priorities that 1918. because, as we are seeing now in a my Democratic colleagues have that b 1645 number of States that aren’t following have nothing to do with coronavirus, some of the recommendations of the quite frankly. It has basically impacted our econ- CDC, we see case numbers going up. So One of the things that I found very omy in ways that have resulted in mil- if we had another surge, how are these interesting in this bill is that, in the lions of people losing their jobs. We restaurants going to survive? They are original Heroes Act that was passed a have schools that have not fully re- going to shut their doors forever. few months ago, they had $600 million opened because it is not safe. We have We have an opportunity to provide a in there for the COPS hiring program. had shortages of PPE. We don’t have lifeline until we get through all of this. That is to help State and local law en- adequate testing. I can go on and on I mean, there are so many aspects of forcement. Curiously enough, it is not and on. our economy that have been impacted in this version of the bill. But the wish list that this bill ad- by this, so many people who are just So I was wondering, is this how they dresses has things like we support struggling to get by. are planning to save some money on small businesses. We improve the Pay- It is unconscionable to me that this the bill, to take away funding for po- check Protection Program. That is hasn’t occupied a greater sense of ur- lice and law enforcement? hardly—I would like to think Repub- gency in the Republican leader’s mind Also in this bill, once again, is ex- licans share that, too. over in the Senate. I just don’t get it. tending the extra $600 a week in unem- Additional assistance for the airline It really is so disappointing to me. ployment assistance into the beginning industry workers: Is that so controver- Mr. Speaker, I reserve the balance of and through spring of next year. Well, sial? my time. many businesses, multiple businesses, More funds to bolster education and Mr. COLE. Mr. Speaker, let me yield have told us that they are having trou- childcare: Given what we are going myself such time as I may consume ble hiring workers back because work- through, is that controversial? just to quickly make a couple of points ers are getting paid more to stay at We honor our heroes. We provide as- and then move to my friend from Ari- home and not work. This is right here sistance to State, local, territorial, and zona. in that bill, in this bill, right now. Tribal governments that desperately Far be it for me, Mr. Speaker, to de- We cannot pay people more to stay need funds to pay first responders. Is fend the upper body. I am a very proud home and not work. We need to that a point of contention? Member of this House, as I know all of incentivize them to come back to It supports testing, tracing, and us here are. work. treatment; provides additional direct But it is worth noting for the RECORD This bill also allows illegal immi- payments for those who are unem- the Senate actually had 52 votes to grants to get $1,200 stimulus checks

VerDate Sep 11 2014 13:02 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\K30SE7.078 H30SEPT1 SSpencer on DSK126QN23PROD with HOUSE September 30, 2020 CONGRESSIONAL RECORD — HOUSE H5093 and their children $500 stimulus ously, my friends make up ways to jus- foreclosure. The restaurant money, I checks. That is right here in this lan- tify their voting ‘‘no’’ on this. want it for the independent pizza shops guage, right here in this bill. American Mr. Speaker, I yield 2 minutes to the who hire people, for the workers who citizens, my taxpayers in Arizona, do gentlewoman from Texas (Ms. JACKSON are going to be out of work, like air- not want to subsidize illegal immi- LEE). port workers or airline workers. The grants. Ms. JACKSON LEE. Mr. Speaker, I food insecurity, people are standing on This bill also removes safeguards in say to the gentleman from Massachu- line to get food. the Paycheck Protection Program. setts, the American people cannot take What don’t my good friends under- The SPEAKER pro tempore. The this anymore. stand? That people are desperate, and time of the gentlewoman has expired. And my good friend from Oklahoma, they are in need? Mr. COLE. Mr. Speaker, I yield the I know the compassion that he has. We I wish we were not discussing ques- gentlewoman from Arizona an addi- have worked together, as well as my tions about white supremacy and tional 1 minute. friends from Ohio and Arizona. whether or not someone believed it or Mrs. LESKO. This bill also removes But yesterday, I stood with the not. I wish we would stay focused on any protections from using taxpayer mayor of the city of Houston, and we getting this bill passed for the des- dollars to fund abortions. That is right announced a mental health hotline for perate people, no matter what back- here in this bill. people being impacted by COVID–19. grounds they are. I want to rise in enthusiastic support This bill, as Representative COLE also Yes, the stress of COVID–19 is taking a for this Heroes bill, H.R. 8406. Let’s said, federalizes elections. In fact, it toll on the American people. They need pass it now. prohibits States from requiring voter relief. ID. Arizona requires voter ID. This bill A very proud, brave parent got up to b 1700 would take that away. talk about how difficult it is to vir- Mr. COLE. Mr. Speaker, I yield my- It also legalizes ballot harvesting. tually teach her children while she self such time as I may consume. Arizona opposed—the legislature said works and how concerned she was. Mr. Speaker, if we defeat the pre- no ballot harvesting. This would bring Why? Because the mandate comes from vious question, I will offer an amend- it right back, right here in this bill. on high—the White House—that if you ment to the rule to immediately bring Again, it would also provide tax are not having your children in school up H.R. 8265, a bill to extend the Pay- breaks to millionaires and billionaires in some form, meaning in the build- check Protection Program through the in blue States that require taxpayers ings, because that is the decision she end of the year and release $137 billion in low-tax States, like Arizona, to sub- was grappling with, then you don’t get in unspent funds for that program. sidize them. money. Mr. Speaker, every Member of Con- That is why we can’t support this They have no money. They have no gress can agree we need to enact relief bill. There are too many poison pills. money to have expanded buildings or for the millions suffering from the pan- Please come up with something that temporary buildings so that they can demic, but we should only move for- we can agree on to help the American help parents who work have children ward on legislation that can actually people. safely in school. They have no money be signed into law. The measure the Mr. MCGOVERN. Mr. Speaker, I yield for testing. They have no money to be majority is attempting to pass today myself such time as I may consume. able to provide for sick employees from simply doesn’t fit that bill. Absent a Before I yield to the gentlewoman COVID–19. comprehensive bipartisan package, we from Texas, I just want to say a couple So I rise today to say: The American should pass smaller pieces where there of things for the RECORD. people cannot take it anymore. The is broad consensus, such as the Pay- I guess the new Republican tactic—if stress is enormous. What we have done check Protection Program. anybody watched the debate yester- here is a very merciful response to the PPP is of great importance to our day—is to try to twist and turn and bill we already passed, that our friends, constituents. It is helping keep millions of Americans employed and re- confuse people. conflicted with each other and the ceiving a paycheck. Members on both The gentlewoman implied that this White House, cannot seem to get a grip sides of the aisle and in both Chambers somehow defunds police. I mean, there on. agree that this crucial program needs is $436 billion in here to provide assist- I support $225 billion for education to be extended, and it could be ex- ance directly to State and local gov- and childcare, $436 billion in assistance tended today if the majority were to ernments to support the police. to our State and local governments. bring a bipartisan bill extending PPP If my friend was so interested in sup- I thank Mr. MCGOVERN for making it to the floor. porting the police, she should know clear. Those are our municipal work- But you don’t have to take my word that the bill that Senate Majority ers. Those are police and fire, and we for it, Mr. Speaker. Many House Demo- Leader MITCH MCCONNELL brought up need it because who has gotten sick? crats agree we need to pass a true relief provided no money for State and local Police officers, firefighters. And we bill now rather than just another polit- governments. I mean nothing. need this money. ical messaging bill. In fact, that bill didn’t provide The SPEAKER pro tempore (Mr. A bipartisan letter recently sent to money for a lot of the most needy peo- BLUMENAUER). The time of the gentle- the Speaker stressed that ‘‘failing to ple in this country who are suffering as woman has expired. reach a deal is unacceptable and is a a result of this virus: no money for nu- Mr. MCGOVERN. I yield the gentle- failure of duty to the American peo- trition to help our families who are woman from Texas an additional 1 ple.’’ going hungry, no money for a lot of the minute. A separate letter sent to the Speaker priorities that I know are priorities not Ms. JACKSON LEE. Mr. Speaker, we by eight Democrats last week de- only in my district but all over the need the testing. We are doing testing manded ‘‘a vote on a clean relief pack- country. on the last pennies of the money that age that has direct assistance for those The bottom line is, my friends can we were granted through the leader- in need.’’ come up with excuse after excuse after ship, our Speaker and others. Perhaps the most telling is a third excuse to not support this. But by not They need testing. I will be in a sta- letter sent just a few days ago and supporting it, we are not supporting dium this coming week, trying to get signed by 23 Democrats. These Mem- the American people at a time of des- people tested. That is how much we bers correctly point out to their lead- perate need. need it. ers that, absent a bipartisan deal, a Again, we have come down $1.3 tril- Then, of course, $28 billion in pro- ‘‘discharge petition is the only poten- lion from what we originally put for- curement, distribution, education, ma- tial option for COVID–19-related action ward, not because we think it is nec- terials for the vaccine. on the House floor.’’ essarily the right thing to do, because But I want to focus on the $600 for As my colleagues know, House Re- the need is so great. We are doing it to unemployment, the money for the publicans have such a discharge peti- try to find ways to accommodate, to $1,200, as well as the money for rental tion ready to be signed, and we look move this process forward. And obvi- and mortgage to prevent mortgage forward to these Members joining us.

VerDate Sep 11 2014 13:02 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\K30SE7.081 H30SEPT1 SSpencer on DSK126QN23PROD with HOUSE H5094 CONGRESSIONAL RECORD — HOUSE September 30, 2020 However, I would point out, Madam ond PPP if they can demonstrate a sig- Mr. BLUMENAUER. Madam Speaker, Speaker, to my colleagues that we nificant revenue reduction or a first- I appreciate the gentleman’s courtesy don’t have to wait for a discharge peti- round loan if they didn’t get one the in permitting me to speak on this. tion to succeed. We can take a clear first time. Additionally, it adds more I commend our leadership, the step right now by defeating the pre- flexibility in how the PPP dollars can Speaker, for again putting forward leg- vious question and bringing H.R. 8265 be spent and still be eligible for loan islation to support working families, up for an immediate vote. forgiveness. local government, and healthcare as we Madam Speaker, I ask unanimous Many small businesses are still deal with the COVID–19 pandemic. consent to insert the text of my struggling across this country. We need This updated Heroes Act provides for amendment in the RECORD, along with to act now to help these small busi- another round of cash payments, hous- extraneous material, immediately nesses, the people that they employ, ing and food assistance, help for unem- prior to the vote on the previous ques- and the families that they, in turn, ployed workers, and targeted relief for tion. support. small businesses who need it most, like The SPEAKER pro tempore (Ms. Let’s defeat the previous question independent restaurants. JACKSON LEE). Is there objection to the and restart the Paycheck Protection I would like to speak on that for a request of the gentleman from Okla- Program. The Nation’s economy is at moment because I am very proud that homa? stake. We still have $137 billion sitting this legislation includes $120 billion There was no objection. there that was intended to go to these from our RESTAURANTS Act for sav- Mr. COLE. Madam Speaker, I yield 3 small businesses. We don’t have to allo- ing 500,000 independent restaurants and minutes to the distinguished gen- cate any more funding. The funding is their 11 million employees. This sector there. tleman from Ohio (Mr. CHABOT), who is of the economy totals $1 trillion when Now, my Democratic colleagues have my good friend and the ranking mem- you deal with all those organizations, said that they are for small business. ber of the Small Business Committee, all their supply chains, and ancillary This is the time not just to talk the to explain more about this critical bill. effects. talk but to walk the walk. You get two Mr. CHABOT. I thank the gentleman Local, independent restaurants are opportunities, Madam Speaker, you the cornerstone of communities large for yielding, Madam Speaker. can vote against this previous question Madam Speaker, the Paycheck Pro- and small, your community and mine. or you can sign the discharge petition. I think it is hard to imagine what life tection Program, or PPP as many of us Either one of them gives us another refer to it, has been shut down now for would be like in Oklahoma City or Cin- vote. cinnati or Portland, Oregon, without over 50 days. That is nearly 2 months Let’s save these small businesses. that small businesses have been unable those vital institutions. That is where Mr. MCGOVERN. Madam Speaker, I communities come together. They pro- to access approximately $137 billion yield myself such time as I may con- that still remains in the program that vide a disproportionate avenue for eco- sume. nomic success for minorities, immi- was supposed to go for their relief. The gentleman would be happy to grants, and women-owned enterprises. Small businesses and their workers know that, in this bill that we are A restaurant for many of us was the need our help. Small businesses employ bringing before here, we have most of first job, and it is an avenue for moving nearly half of the workers in this Na- what he requested but more. Our PPP tion, one out of two. Think of that. One forward. language is more expansive, because a They are, unfortunately, hurting out of every two people employed in lot of businesses didn’t qualify under more than any other industry. They this Nation works for one of America’s the old formula. are the largest contributor to unem- small businesses. Not only do they rep- But I do have to say that it really pains me that my friends don’t under- ployment. One in four job losses is in resent millions of workers, but they this industry. We have a chance to do also are the Nation’s job creators. They stand that it is not just about small businesses. It is about our cities and something about it. They are the larg- create approximately two out of every est contributor of unemployment of three new jobs in America. towns and our first responders. We have communities that are about any sector—one in four job losses. In Of course, these aren’t just statistics. fact, they were half the unemployed in One example of an outstanding small to fire firefighters and police officers. Isn’t that important to my friends? April. Already one in six restaurants business owner is Lacie Sims. Re- have closed their doors permanently, cently, I had the opportunity to visit Or helping to pay for schools to reopen safely or to be able to help kids but this legislation provides relief for Lacie’s business, the Village Family those who are hanging on by a thread. Restaurant, in Waynesville, Ohio, back get an education remotely or in a hybrid way, doesn’t that fall on the top The evidence is that if we don’t take in my district. action like this that is targeted for Lacie spoke with me about how she list of my Republican friends? Healthcare coverage, the airline in- independent restaurants, we are going used the Paycheck Protection Program dustry, which is about to lay off thou- to have 85 percent of them close by the to keep her 25 workers employed so sands of workers, we provide some help end of the year permanently. that they could continue to serve the for them, but yet that doesn’t make The Heroes Act targets $120 billion of community and, most importantly, the cut. our RESTAURANTS Act that would continue to support their families. So, yes, we can have a scalpel ap- generate $250 billion in economic im- Lacie went on to tell me about how she proach to this. We will do a little bit pact. It would support millions of res- quickly adapted her business to accom- here and maybe we will do a little bit taurant workers, truck drivers, farm- modate pickup, delivery, and safe in- there, but that fails to recognize the ers, and fishermen—people who support door dining. severity of the crisis that we are now this critical industry. It is not just the Like Lacie, many small business in. fruits and vegetables and the linens. owners have adapted and persevered Open your eyes and look at what is Think about it for a moment, Madam through the pandemic. Unfortunately, happening in this country, in large Speaker. All of those are involved. COVID–19 continues to challenge their part, due to the mismanagement of This legislation would, by giving $120 very existence. this President, which is unconscion- billion of direct relief, provide $250 bil- Now is the time for us to act, and we able. lion in economic savings by having have an option before us here today. If But here in Congress, we can’t deal people not filing bankruptcy and not we defeat today’s previous question, we with him. We can’t fix the way he ap- adding to the unemployed ranks, but can move directly to my legislation to proaches his job. But we can provide di- keeping them in business paying taxes, reopen the Paycheck Protection Pro- rect resources to businesses and to paying employees, and keeping those gram, the PPP program. H.R. 8265 local governments that can help keep essential food supply chains going. would provide targeted assistance to our economy afloat until we can get by The SPEAKER pro tempore. The small businesses that truly need the this. time of the gentleman has expired. Federal Government’s help. Madam Speaker, I yield 31⁄2 minutes Mr. MCGOVERN. Madam Speaker, I This legislation gives small busi- to the gentleman from Oregon (Mr. yield the gentleman from Oregon an nesses the opportunity to receive a sec- BLUMENAUER). additional 1 minute.

VerDate Sep 11 2014 13:02 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\K30SE7.083 H30SEPT1 SSpencer on DSK126QN23PROD with HOUSE September 30, 2020 CONGRESSIONAL RECORD — HOUSE H5095 Mr. BLUMENAUER. Madam Speaker, As in May, today’s bill is ultimately The House did its job more than 4 independent restaurants are the true doomed. It will not pass the Senate. months ago when we passed the origi- and quintessential embodiment of The President has made it clear he will nal Heroes Act; the Senate abdicated small businesses. What this legislation not sign it. its responsibility. But we have not is geared for is the small, independent Madam Speaker, the majority is walked away. We have not stopped try- restaurants. That assistance is more missing a real chance here. The Amer- ing to help protect the lives and liveli- important now than ever. ican people are suffering as a result of hood of people that we represent. We It is sad that we have not had much the coronavirus. It is past time for the are back today with a bill that puts on bipartisan support in the House for two parties to do what we did very suc- paper the compromises that we are this, although in the Senate there are cessfully four times in a row in a 10- willing to make, not to get a win for 40 cosponsors including a number of week period and work together and ac- one side or the other, but to help the Republicans led by Senator WICKER tually provide a package that provides American people in the middle of a from Mississippi. I would hope that my real relief for the American people. pandemic. That is what this is all colleagues on the other side of the aisle There are plenty of things we agree about. would see fit to vote for this legisla- on, such as the extension of the Pay- Madam Speaker, to my friends on the tion, vote to save independent res- check Protection Program, such as en- other side of the aisle, I beg, please taurants, and be able to move forward suring that more funds are provided for don’t abandon the American people. in a way that will benefit every com- testing and tracing, such as one-time Don’t throw up your hands and walk munity across America. payments of $1,200 per individual and away because you don’t like every line Mr. COLE. Madam Speaker, I yield $500 per child to every household mak- of this bill. Take ‘‘yes’’ for an answer. myself such time as I may consume. ing less than $75,000 a year. We disagree Madam Speaker, this bill doesn’t Madam Speaker, I just want to re- about the exact amount, but we agree Federalize elections. It provides safe- spond quickly to my friends and point every American who is unemployed, guards for elections and provides fund- out something that is striking to me in through no fault of their own, should ing to States to be able to carry out listening to the debate. There is almost get at least $400 more a week. elections safely in the middle of a pan- nothing that any of my friends have Frankly, because the Democrats did demic. To object over the fact that this mentioned that we don’t support—al- not take up that offer, those people bill protects Americans from losing most nothing. All these worthy pro- have gotten zero since the end of July. their health coverage is startling to grams for restaurants, all this relief for We absolutely agree that we need addi- me, although it shouldn’t be, because individuals, and all this help, we all tional money for the opening of the President, as we speak, is in court agree with that. It is the things my schools. trying to get the Affordable Care Act friends don’t mention that they have in Madam Speaker, so why don’t we put repealed outright, where millions of their bill that we don’t agree with. on the floor—it is a novel suggestion— people would lose their healthcare, We don’t agree with more money for the things we agree on, the things we people with preexisting conditions Planned Parenthood. That has no place know the Senate will pass and we know would lose that protection, and you in this bill. the President would sign. The only rea- wouldn’t be able to keep your kids on We obviously have very serious objec- son we have failed to do that is because your insurance until they are 26. tions to federalizing the election sys- the Democratic leadership has made Think about it: In the middle of a tem of this country, which is State the decision that we have to agree on pandemic, that is the priority of this based. That has no place in this bill. everything before we do anything. That White House—to rip healthcare away We obviously don’t want to give a tax is no way to legislate in a body that from people. It takes my breath away break to millionaires and billionaires has a Democratic majority in the what a disconnect there is about what in blue States by getting rid of the House, a Republican majority in the the American people need and what State and local tax limitations that Senate, and a Republican President. some of my friends’ priorities are. were placed in. The majority is not in the position to Madam Speaker, I ask my colleagues Those are the things, none of which dictate to either the Senate or the to join us in compromising to get have anything to do with coronavirus, President what is going to happen, but something done. I get it. This is an that we object to. Those are the things they are in a powerful position to nego- election year and people are used to that my friends are insisting on that tiate, and negotiate in good faith, and running to their political corners, but they cannot pass in the United States focus on the areas where we agree. this crisis demands more than just Senate and that the President will not Madam Speaker, I think that would business as usual. It demands action. sign. move us forward productively. I think And it demands more than a scalpel ap- If they want to actually pass all that would be in the best interests of proach: ‘‘Well, let me do a little bit these other wonderful things, we agree the American people. So I call on the here,’’ or ‘‘let me do a little bit there.’’ with them, and we have been very gen- majority to end this charade and en- I am told that the White House erous in terms of the amount of money. gage with Republicans in the House, doesn’t want to fund nutrition pro- The President has moved up on that. the Senate, and the administration and grams to help make sure that no one in Money is a negotiable item here. Pol- come to an agreement on a real bipar- this country goes hungry. I can’t be- icy positions—poison pills, as my good tisan relief package. I know my friends lieve anybody would take that posi- friend from Arizona said—are not, and can do it because we did it together tion, but we are told that is one of the that is what is keeping us from acting. four times in a row. hot button items that people don’t Frankly, that is a tragedy and a trav- Madam Speaker, I urge my col- want to fund, that it is one of the esty, in my view, Madam Speaker. leagues to vote ‘‘no’’ on the previous Democratic priorities that is so con- Madam Speaker, I reserve the bal- question, ‘‘no’’ on the rule, and ‘‘no’’ troversial. ance of my time. on the underlying bill, and I yield back Really? Even before this pandemic, the balance of my time. we had 40 million people in this coun- b 1715 Mr. MCGOVERN. Madam Speaker, I try who didn’t know where their next Mr. COLE. Madam Speaker, I am pre- yield myself the balance of my time. meal was going to come from; and pared to close, and I yield myself the Madam Speaker, I have served in this every year it is a battle to make sure balance of my time. House for many years. I have been here they don’t cut nutrition programs. But Madam Speaker, in closing, I urge through unimaginable tragedies, like now we are in a pandemic and hunger opposition to the rule. Today’s bill is September 11. Every time this Nation has increased dramatically in this nothing more than a Democratic wish has been challenged, we came to- country. Every one of us should not list masquerading as a coronavirus re- gether—not as Democrats or Repub- only be concerned about that, but we lief bill, roughly the same as the par- licans, but as Americans. Never could I should be ashamed that that is a re- tisan bill the majority passed back in have imagined that after a shock like ality in the richest country in the his- May and it was never taken up by the the coronavirus, that has taken more tory of the world. Senate, would never be signed by the than 205,000 lives, that we would strug- Madam Speaker, I urge all my col- President. gle to reach a compromise. leagues to come together. This is an

VerDate Sep 11 2014 13:02 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\K30SE7.084 H30SEPT1 SSpencer on DSK126QN23PROD with HOUSE H5096 CONGRESSIONAL RECORD — HOUSE September 30, 2020 opportunity to meet this moment. Larsen (WA) Norcross Sewell (AL) Walorski Westerman Woodall Vote ‘‘yes’’ on this rule and on the un- Larson (CT) O’Halleran Shalala Waltz Williams Yoho Lawrence Ocasio-Cortez Sherman Watkins Wilson (SC) Young derlying bill. Lawson (FL) Omar Sherrill Webster (FL) Wittman Zeldin The material previously referred to Lee (CA) Pallone Sires Wenstrup Womack by Mr. COLE is as follows: Lee (NV) Panetta Slotkin Levin (CA) Pappas Smith (WA) NOT VOTING—16 AMENDMENT TO HOUSE RESOLUTION 1161 Levin (MI) Pascrell Soto Abraham Emmer Simpson At the end of the resolution, add the fol- Lieu, Ted Payne Spanberger Babin Graves (GA) Stauber Lipinski Perlmutter Speier lowing: Buck Hagedorn Weber (TX) Loebsack Peters Stanton Davis (CA) Mitchell Wright SEC. 2. Immediately upon adoption of this Lofgren Peterson Stevens DeGette Mullin resolution, the House shall proceed to the Lowenthal Phillips Suozzi Diaz-Balart Rooney (FL) consideration in the House of the bill (H.R. Lowey Pingree Swalwell (CA) 8265} to amend the Small Business Act and Luja´ n Pocan Takano b 1821 Luria Porter Thompson (CA) the CARES Act to establish a program for Ms. GRANGER, Messrs. COLLINS of second draw loans and make other modifica- Lynch Pressley Thompson (MS) Malinowski Price (NC) Titus Georgia and CARTER of Texas changed tions to the paycheck protection program, Maloney, Quigley Tlaib their vote from ‘‘yea’’ to ‘‘nay.’’ and for other purposes. All points of order Carolyn B. Raskin Tonko against consideration of the bill are waived. Maloney, Sean Rice (NY) Torres (CA) So the previous question was ordered. The bill shall be considered as read. All Matsui Richmond Torres Small The result of the vote was announced points of order against provisions in the bill McAdams Rose (NY) (NM) as above recorded. McBath Rouda Trahan are waived. The previous question shall be MEMBERS RECORDED PURSUANT TO HOUSE considered as ordered on the bill and on any McCollum Roybal-Allard Trone McEachin Ruiz Underwood RESOLUTION 965, 116TH CONGRESS amendment thereto to final passage without McGovern Ruppersberger Vargas Beatty Kennedy (Kuster Payne intervening motion except: (1) one hour of McNerney Rush Veasey (Lawrence) (NH)) (Wasserman debate equally divided and controlled by the Meeks Ryan Vela Butterfield Kirkpatrick Schultz) ´ ´ chair and ranking minority member of the Meng Sanchez Velazquez (Kildee) (Stanton) Pingree (Clark Committee on Small Business; and (2) one Mfume Sarbanes Visclosky Chu, Judy Langevin (MA)) Moore Scanlon Wasserman motion to recommit. (Takano) (Lynch) Pocan (Raskin) Morelle Schakowsky Schultz Cohen (Beyer) Lawson (FL) Pressley (Garcıá SEC. 3. Clause 1(c) of rule XIX shall not Moulton Schiff Waters DeSaulnier (Evans) (IL)) apply to the consideration of H.R. 8265. Mucarsel-Powell Schneider Watson Coleman (Matsui) Lieu, Ted (Beyer) Richmond Mr. MCGOVERN. Madam Speaker, I Murphy (FL) Schrader Welch Frankel (Clark Lipinski (Cooper) (Davids (KS)) Nadler Schrier Wexton (MA)) Lofgren (Jeffries) yield back the balance of my time, and Roybal-Allard Napolitano Scott (VA) Wild Fudge (Bass) Lowenthal I move the previous question on the (Aguilar) Neal Scott, David Wilson (FL) Garamendi (Beyer) resolution. Neguse Serrano Yarmuth (Sherman) Lowey (Tonko) Rush The SPEAKER pro tempore. The Grijalva (Garcıá McEachin (Underwood) Serrano question is on ordering the previous NAYS—185 (IL)) (Wexton) Hastings Meng (Clark (Jeffries) Aderholt Gianforte McHenry question. (Wasserman (MA)) Thompson (CA) Allen Gibbs McKinley Schultz) Moore (Beyer) (Kildee) The question was taken; and the Amash Gohmert Meuser Hayes (Courtney) Mucarsel-Powell Titus (Connolly) Speaker pro tempore announced that Amodei Gonzalez (OH) Miller Huffman (Kildee) (Wasserman Watson Coleman Armstrong Gooden Moolenaar the ayes appeared to have it. Johnson (TX) Schultz) (Pallone) Arrington Gosar Mooney (WV) Mr. COLE. Madam Speaker, on that I (Jeffries) Napolitano Wilson (FL) Bacon Granger Murphy (NC) Kaptur (Dingell) (Correa) (Adams) demand the yeas and nays. Baird Graves (LA) Newhouse The SPEAKER pro tempore. Pursu- Balderson Graves (MO) Norman The SPEAKER pro tempore. The ant to section 3 of House Resolution Banks Green (TN) Nunes Barr Griffith Olson question is on the resolution. 965, the yeas and nays are ordered. Bergman Grothman Palazzo The question was taken; and the The vote was taken by electronic de- Biggs Guest Palmer Speaker pro tempore announced that vice, and there were—yeas 229, nays Bilirakis Guthrie Pence the ayes appeared to have it. Bishop (NC) Harris Perry 185, not voting 16, as follows: Bishop (UT) Hartzler Posey Mr. WOODALL. Madam Speaker, on [Roll No. 212] Bost Hern, Kevin Reed that I demand the yeas and nays. Brady Herrera Beutler Reschenthaler The SPEAKER pro tempore. Pursu- YEAS—229 Brooks (AL) Hice (GA) Rice (SC) Adams Cooper Garcia (TX) Brooks (IN) Higgins (LA) Riggleman ant to section 3 of House Resolution Aguilar Correa Golden Buchanan Hill (AR) Roby 965, the yeas and nays are ordered. Allred Costa Gomez Bucshon Holding Rodgers (WA) The vote was taken by electronic de- Axne Courtney Gonzalez (TX) Budd Hollingsworth Roe, David P. vice, and there were—yeas 225, nays Barraga´ n Cox (CA) Gottheimer Burchett Hudson Rogers (AL) Bass Craig Green, Al (TX) Burgess Huizenga Rogers (KY) 188, not voting 17, as follows: Beatty Crist Grijalva Byrne Hurd (TX) Rose, John W. [Roll No. 213] Bera Crow Haaland Calvert Jacobs Rouzer Beyer Cuellar Harder (CA) Carter (GA) Johnson (LA) Roy YEAS—225 Bishop (GA) Cunningham Hastings Carter (TX) Johnson (OH) Rutherford Adams Cisneros Doggett Blumenauer Davids (KS) Hayes Chabot Johnson (SD) Scalise Allred Clark (MA) Doyle, Michael Blunt Rochester Davis, Danny K. Heck Cheney Jordan Schweikert Axne Clarke (NY) F. Bonamici Dean Higgins (NY) Cline Joyce (OH) Scott, Austin Barraga´ n Clay Engel Boyle, Brendan DeFazio Himes Cloud Joyce (PA) Sensenbrenner Bass Cleaver Escobar F. DeLauro Horn, Kendra S. Cole Katko Shimkus Beatty Clyburn Eshoo Brindisi DelBene Horsford Collins (GA) Keller Smith (MO) Bera Cohen Espaillat Brown (MD) Delgado Houlahan Comer Kelly (MS) Smith (NE) Beyer Connolly Evans Brownley (CA) Demings Hoyer Conaway Kelly (PA) Smith (NJ) Bishop (GA) Cooper Finkenauer Bustos DeSaulnier Huffman Cook King (IA) Smucker Blumenauer Correa Fletcher Butterfield Deutch Jackson Lee Crawford King (NY) Spano Blunt Rochester Costa Foster Carbajal Dingell Jayapal Crenshaw Kinzinger Stefanik Bonamici Courtney Frankel Ca´ rdenas Doggett Jeffries Curtis Kustoff (TN) Steil Boyle, Brendan Cox (CA) Fudge Carson (IN) Doyle, Michael Johnson (GA) Davidson (OH) LaHood Steube F. Craig Gabbard Cartwright F. Johnson (TX) Davis, Rodney LaMalfa Stewart Brindisi Crist Gallego Case Engel Kaptur DesJarlais Lamborn Stivers Brown (MD) Crow Garamendi Casten (IL) Escobar Keating Duncan Latta Taylor Brownley (CA) Cuellar Garcıá (IL) Castor (FL) Eshoo Kelly (IL) Dunn Lesko Thompson (PA) Bustos Cunningham Garcia (TX) Castro (TX) Espaillat Kennedy Estes Long Thornberry Butterfield Davids (KS) Golden Chu, Judy Evans Khanna Ferguson Loudermilk Tiffany Carbajal Davis (CA) Gomez Cicilline Finkenauer Kildee Fitzpatrick Lucas Timmons Ca´ rdenas Davis, Danny K. Gonzalez (TX) Cisneros Fletcher Kilmer Fleischmann Luetkemeyer Tipton Carson (IN) Dean Gottheimer Clark (MA) Foster Kim Flores Marchant Turner Cartwright DeFazio Green, Al (TX) Clarke (NY) Frankel Kind Fortenberry Marshall Upton Case DeLauro Grijalva Clay Fudge Kirkpatrick Foxx (NC) Massie Van Drew Casten (IL) DelBene Haaland Cleaver Gabbard Krishnamoorthi Fulcher Mast Wagner Castor (FL) Delgado Harder (CA) Clyburn Gallego Kuster (NH) Gaetz McCarthy Walberg Castro (TX) DeSaulnier Hastings Cohen Garamendi Lamb Gallagher McCaul Walden Chu, Judy Deutch Hayes Connolly Garcıá (IL) Langevin Garcia (CA) McClintock Walker Cicilline Dingell Heck

VerDate Sep 11 2014 13:02 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\K30SE7.086 H30SEPT1 SSpencer on DSK126QN23PROD with HOUSE September 30, 2020 CONGRESSIONAL RECORD — HOUSE H5097 Higgins (NY) McBath Schakowsky Sensenbrenner Thompson (PA) Watkins COMMUNICATION FROM THE Himes McCollum Schiff Shimkus Thornberry Weber (TX) SERGEANT AT ARMS Horn, Kendra S. McEachin Schneider Smith (MO) Tiffany Webster (FL) Horsford McGovern Schrader Smith (NE) Timmons Wenstrup The SPEAKER pro tempore (Ms. Houlahan McNerney Schrier Smith (NJ) Tipton Westerman JACKSON LEE) laid before the House the Hoyer Meeks Smucker Turner Scott (VA) Williams following communication from the Ser- Huffman Meng Scott, David Spanberger Upton Wilson (SC) Jackson Lee Mfume Serrano Spano Van Drew Wittman geant at Arms of the House of Rep- Stefanik Wagner Jayapal Moore Sewell (AL) Womack resentatives: Jeffries Morelle Steil Walberg Shalala Woodall Johnson (GA) Mucarsel-Powell Steube Walden OFFICE OF THE SERGEANT AT ARMS, Sherman Yoho Johnson (TX) Murphy (FL) Sherrill Stewart Walker HOUSE OF REPRESENTATIVES, Kaptur Nadler Stivers Walorski Young Washington, DC, September 29, 2020. Sires Zeldin Keating Napolitano Slotkin Taylor Waltz Hon. NANCY PELOSI, Kelly (IL) Neal Smith (WA) NOT VOTING—17 Speaker, House of Representatives, Kennedy Neguse Soto Washington, DC. Khanna Norcross Abraham Emmer Mullin Speier DEAR MADAM SPEAKER: Pursuant to section Kildee O’Halleran Stanton Aguilar Gonzalez (OH) Rooney (FL) Kilmer Ocasio-Cortez 1(b)(2) of House Resolution 965, following Stevens Babin Graves (GA) Simpson Kim Omar consultation with the Office of Attending Suozzi DeGette Hagedorn Stauber Kind Pallone Demings Mitchell Physician, I write to provide you further no- Swalwell (CA) Wright Kirkpatrick Panetta Diaz-Balart Moulton tification that the public health emergency Takano Krishnamoorthi Pappas due to the novel coronavirus SARS-CoV-2 re- Kuster (NH) Pascrell Thompson (CA) b 1859 Thompson (MS) mains in effect. Lamb Payne Sincerely, Langevin Perlmutter Titus So the resolution was agreed to. Larsen (WA) Peters Tlaib The result of the vote was announced PAUL D. IRVING, Larson (CT) Peterson Tonko as above recorded. Sergeant at Arms. Torres (CA) Lawrence Phillips A motion to reconsider was laid on f Lawson (FL) Pingree Torres Small Lee (CA) Pocan (NM) the table. ANNOUNCEMENT BY THE SPEAKER Lee (NV) Porter Trahan MEMBERS RECORDED PURSUANT TO HOUSE Trone PRO TEMPORE Levin (CA) Pressley RESOLUTION 965, 116TH CONGRESS Levin (MI) Price (NC) Underwood The SPEAKER pro tempore. The Lieu, Ted Quigley Vargas Beatty Kennedy (Kuster Payne Chair announces the Speaker’s further Lipinski Raskin Veasey (Lawrence) (NH)) (Wasserman Loebsack Rice (NY) Vela Butterfield Kirkpatrick Schultz) extension, pursuant to section 1(b)(2) of Lofgren Richmond Vela´ zquez (Kildee) (Stanton) Pingree (Clark House Resolution 965, effective October Lowenthal Rose (NY) Visclosky Chu, Judy Langevin (MA)) 3, 2020, of the ‘‘covered period’’ des- (Takano) Lowey Rouda Wasserman (Lynch) Pocan (Raskin) ignated on May 20, 2020. Luja´ n Roybal-Allard Schultz Cohen (Beyer) Lawson (FL) Pressley (Garcı´a Luria Ruiz Waters DeSaulnier (Evans) (IL)) f Lynch Ruppersberger Watson Coleman (Matsui) Lieu, Ted (Beyer) Richmond Frankel (Clark Lipinski (Cooper) APPOINTMENT OF INDIVIDUALS Malinowski Rush Welch (Davids (KS)) (MA)) Lofgren (Jeffries) Maloney, Ryan Wexton Roybal-Allard TO NATIONAL ADVISORY COM- Fudge (Bass) Lowenthal Carolyn B. Sa´ nchez Wild (Aguilar) MITTEE ON INSTITUTIONAL Garamendi (Beyer) Maloney, Sean Sarbanes Wilson (FL) Rush QUALITY AND INTEGRITY Matsui Scanlon Yarmuth (Sherman) Lowey (Tonko) Grijalva (Garcı´a McEachin (Underwood) Serrano The SPEAKER pro tempore. The NAYS—188 (IL)) (Wexton) Hastings Meng (Clark (Jeffries) Chair announces the Speaker’s ap- Aderholt Fitzpatrick LaHood (Wasserman (MA)) Thompson (CA) pointment pursuant to U.S.C. 1011c, Allen Fleischmann LaMalfa Schultz) Moore (Beyer) (Kildee) and the order of the House of January Amash Flores Lamborn Hayes (Courtney) Mucarsel-Powell Titus (Connolly) Amodei Fortenberry Latta Huffman (Kildee) (Wasserman Watson Coleman 3, 2019, of the following individuals on Armstrong Foxx (NC) Lesko Johnson (TX) Schultz) (Pallone) the part of the House to the National Arrington Fulcher Long (Jeffries) Napolitano Wilson (FL) Advisory Committee on Institutional Bacon Gaetz Loudermilk Kaptur (Dingell) (Correa) (Adams) Quality and Integrity for a term of 6 Baird Gallagher Lucas Balderson Garcia (CA) Luetkemeyer f years: Banks Gianforte Marchant MESSAGE FROM THE SENATE Upon the recommendation of the mi- Barr Gibbs Marshall nority leader: Bergman Gohmert Massie A message from the Senate by Ms. Dr. Arthur E. Keiser, Fort Lauder- Biggs Gooden Mast Byrd, one of its clerks, announced that Bilirakis Gosar McAdams dale, Florida Bishop (NC) Granger McCarthy the Senate has passed without amend- Ms. Jennifer Blum, Washington, D.C. Bishop (UT) Graves (LA) McCaul ment bills of the House of the following Mr. Robert G. Mayes, Jr., Elberta, Bost Graves (MO) McClintock titles: Alabama Brady Green (TN) McHenry Brooks (AL) Griffith McKinley H.R. 1952. An act to amend the Inter- Upon the recommendation of the ma- Brooks (IN) Grothman Meuser country Adoption Act of 2000 to require the jority leader: Buchanan Guest Miller Secretary of State to report on intercountry Ms. Kathleen Sullivan Alioto, New Buck Guthrie Moolenaar adoptions from countries which have signifi- York, New York Bucshon Harris Mooney (WV) cantly reduced adoption rates involving im- Mr. Robert Shireman, Berkeley, Cali- Budd Hartzler Murphy (NC) migration to the United States, and for Burchett Hern, Kevin Newhouse fornia other purposes. Burgess Herrera Beutler Norman H.R. 8337. An act making continuing appro- Dr. Roslyn Clark Artis, Columbia, Byrne Hice (GA) Nunes South Carolina Calvert Higgins (LA) Olson priation for fiscal year 2021, and for other Carter (GA) Hill (AR) Palazzo purposes. f Carter (TX) Holding Palmer The message also announced that the RECOGNIZING BARB IVES Chabot Hollingsworth Pence Senate has passed a bill of the fol- Cheney Hudson Perry (Mr. THOMPSON of Pennsylvania Cline Huizenga Posey lowing title in which the concurrence Cloud Hurd (TX) Reed of the House is requested: asked and was given permission to ad- Cole Jacobs Reschenthaler dress the House for 1 minute and to re- S. 4762. An act to designate the airport Collins (GA) Johnson (LA) Rice (SC) traffic control tower located at Piedmont vise and extend his remarks.) Comer Johnson (OH) Riggleman Mr. THOMPSON of Pennsylvania. Conaway Johnson (SD) Roby Triad International Airport in Greensboro, Cook Jordan Rodgers (WA) North Carolina, as the ‘‘Senator Kay Hagan Madam Speaker, I rise today to thank Crawford Joyce (OH) Roe, David P. Airport Traffic Control Tower’’. and celebrate someone who has been a Crenshaw Joyce (PA) Rogers (AL) f dedicated member of my team for Curtis Katko Rogers (KY) many years now. Barb Ives, a field rep- Davidson (OH) Keller Rose, John W. MESSAGE FROM THE PRESIDENT Davis, Rodney Kelly (MS) Rouzer resentative and office manager, re- DesJarlais Kelly (PA) Roy A message in writing from the Presi- cently surpassed a 20-year milestone Duncan King (IA) Rutherford dent of the United States was commu- representing our district. Dunn King (NY) Scalise Estes Kinzinger Schweikert nicated to the House by Miss Kaitlyn Barb has selflessly served the district Ferguson Kustoff (TN) Scott, Austin Roberts, one of his secretaries. since September of 2000, initially with

VerDate Sep 11 2014 13:02 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\A30SE7.037 H30SEPT1 SSpencer on DSK126QN23PROD with HOUSE H5098 CONGRESSIONAL RECORD — HOUSE September 30, 2020 my predecessor Congressman John outbreak in Wuhan to turn into the To show their appreciation, Mayor Peterson. We were truly blessed to wel- global pandemic that decimated our Farmer and the City Council formally come her to the Thompson Team. economy, killed almost a million peo- honored Mr. Wood for his contributions Barb is an active member in her com- ple worldwide, and weakened the Amer- to the community with a commemora- munity and never stops working hard ican resolve. tive plaque. The beautiful sight of for our constituents, helping individ- Madam Speaker, I commend the these flags has inspired others in the uals get much-needed assistance on China Task Force for their hard work community to add more of their own. issues related to the VA, Social Secu- making realistic policy recommenda- Mr. Woods’ actions have served as a rity, Medicare, and so much more. She tions to help the U.S. stand strong in bright light in these trying times, and is the kind of person who is willing to the face of the growing threat in China. we thank him for his selfless service to step up, take charge, and get the job f his city. done. RECOGNIZING JAMES ‘‘SKIP’’ RUTHERFORD HEALING THE NATION In the little spare time she has when Mr. HILL of Arkansas. Madam she is not helping others, Barb is an (Ms. JACKSON LEE asked and was Speaker, today I rise to recognize avid golfer and a wonderful singer. I given permission to address the House James ‘‘Skip’’ Rutherford, who an- can’t thank Barb enough for her hard for 1 minute and to revise and extend nounced plans to retire as dean of the work and dedication and sense of her remarks.) University of Arkansas, Clinton School humor over the years. Ms. JACKSON LEE. Madam Speaker, of Public Service in Little Rock. f I rise because in the last day, I feel Mr. Rutherford has served in this compelled to speak about healing the role since 2006 and planned to retire RECOGNIZING THE BOTTO FAMILY Nation. earlier this year but stayed longer than (Mr. VAN DREW asked and was given Through my years of service, I have expected to help the school, students, permission to address the House for 1 been able to serve on a number of com- faculty, and staff weather the storm of minute and to revise and extend his re- mittees and alliances in my Congres- COVID–19, which shows his dedication marks.) sional district, in my city, in my State, to the lives of those with whom he Mr. VAN DREW. Madam Speaker, I that brought people together. works. rise to recognize a well-known and be- I was chairperson of the Interfaith Skip had a passion for public service loved family in south Jersey, the Ministries. at a young age as he watched the elec- Bottos. I participated in a campaign of No tion returns on the courthouse lawn in The Botto family embodies the More Hate. Batesville, Arkansas. He believed in American Dream. Under the vision of I have interacted with Muslims and order to make a real difference, you Robert Sr.—the Sausage King, or Big Jewish communities alike. need to roll up your sleeves and get in Bob—the Bottos followed their meat Where the Nation is now is not where the arena. He was instrumental in the market with the Botto’s Italian Line her values are. The Nation is not tak- building of the Clinton Presidential Li- restaurant, a supermarket, catering ing the attention that is being given by brary, the development of the River and banquet hall. the world because of the rise of white Market District, and coordinating the I can attest, the Bottos’ family sau- supremacy—Boogaloo Boys, Proud 40th anniversary commemoration of sage, meatballs, and meats are abso- Boys. the 1957 integration of Little Rock Cen- lutely delicious. I had the pleasure of The Nation needs a healer and a uni- tral High School, which in turn led to touring some of the facilities last fier. We, as the American people, are the school being named a national his- month with Dominic and Enrico Botto. much better when we disagree and ac- toric site. Your family is a testament to the knowledge our disagreement, but we Martha and I wish Skip a fulfilling fact that hard work and passion will are unified around the values of equal- and active retirement. get you far in life. And in the minds of ity and justice in this Nation. everyone who has ever had the pleasure Those of us who want to improve po- b 1915 of enjoying a meal or spending time lice community relationships are not RECOGNIZING GRADY SPANN with you, this is the true American antipolice and should not be seen as Mr. HILL of Arkansas. Madam Dream, a family who worked hard, who that. Black Lives Matter is not a ter- Speaker, I rise today to recognize reached for the brass ring, who did rorist group. In fact, the terrorist Grady Spann, the director of Arkansas more, and never gave up. groups have been designated as white State Parks, who was recently named God bless you and your family for supremacists. president of the National Association your commitment to the community, Let us unify and come together of State Park Directors. and I look forward to plenty of full around the truth. I am ready to do so Mr. Spann is a 27-year employee of stomachs in the future. to heal the Nation. Arkansas State Parks, having pre- f f viously served as superintendent of the Ozark Folk Center, Historic Wash- THE GROWING THREAT IN CHINA RECOGNIZING DARRELL WOOD ington, and the Parkin Archaeological (Mr. LAMALFA asked and was given The SPEAKER pro tempore (Ms. State Park. In 2012, he was named su- permission to address the House for 1 TLAIB). Under the Speaker’s announced pervisor of Region 5, a newly created minute and to revise and extend his re- policy of January 3, 2019, the gen- region of State parks. marks.) tleman from Arkansas (Mr. HILL) is Mr. Spann’s passion and dedication Mr. LAMALFA. Madam Speaker, the recognized for 60 minutes as the des- earned him not only the position of di- China Task Force uncovered reprehen- ignee of the minority leader. rector of Arkansas State Parks in 2016, sible behavior from the Chinese Com- Mr. HILL of Arkansas. Madam but now as president of the National munist Party, and it is time that we Speaker, I rise today to recognize Mr. Association of State Park Directors. hold them accountable. Darrell Wood and his patriotic con- The association aims to promote and This body has taken action to contributions to the city of Benton, Ar- advance State park systems through- demn the gross state-sponsored oppres- kansas. out the United States. sion of the Uyghurs and stood strongly Earlier this summer, Benton’s Grady’s commitment to the preserva- in support of freedom and democracy in mayor, Tom Farmer, noticed a street tion of the Natural State and beyond is Hong Kong. adorned with American flags. Over the evident in his leadership. I congratu- However, the COVID–19 pandemic coming weeks, Mayor Farmer noticed late Grady Spann and wish him well in spotlighted for the American people that more and more flags were appear- this new leadership assignment. the growing threat the Chinese Com- ing around the city until nearly every RECOGNIZING THE VFW DEPARTMENT OF munist Party poses. street in Benton was decorated. After ARKANSAS’ POST 4453 From the beginning, the CCP has asking citizens, Mayor Farmer deter- Mr. HILL of Arkansas. Madam covered up vital medical information, mined that Mr. Wood was responsible Speaker, I rise to recognize the VFW allowing what could have been a local for this patriotic display. Department of Arkansas’ Post 4453 in

VerDate Sep 11 2014 13:02 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\K30SE7.093 H30SEPT1 SSpencer on DSK126QN23PROD with HOUSE September 30, 2020 CONGRESSIONAL RECORD — HOUSE H5099 Morrilton, Arkansas, on the occasion gust 7 Ryan Christiansen Appreciation prove the literacy of Arkansas chil- of their 75th year of service. Day coinciding with Purple Heart Day. dren. Post 4453, also known as the Martin- Now a freshman at Arkansas State Ms. Jackson recognized the impor- Bradley Post, has been given their Dia- University, Mr. Christiansen has tance of literacy very young, after re- mond Jubilee Award for their excep- worked tirelessly in the service of oth- alizing that a family member could not tionally long and dedicated service to ers, and I am proud to honor his hard read or write when they signed a docu- veterans in the Morrilton area. work and perseverance today. ment with an X rather than sign their Our Veterans of Foreign Wars posts RECOGNIZING BARRY MCKUIN name. This experience inspires her in Arkansas do so much to support our Mr. HILL of Arkansas. Madam work daily at AR Kids Read. heroes, once they return home from Speaker, I rise today to recognize Dionne grew up in the Western Hills service, by providing access to re- Barry McKuin. Barry is stepping down neighborhood of Little Rock and at- sources and a sense of community. The from his responsibilities after 15 years tended Hendrix College in Conway. VFW posts also honor veterans once of service to the Winthrop Rockefeller After earning her degree, she became a they pass, keeping their memories Institute as an original board member science teacher at her alma mater, alive in the hearts of central Arkan- and advocate for this important non- Horace Mann High School. sans. profit organization. She earned her master’s from the Every year for the Fourth of July, Mr. McKuin first served as the CFO University of Central Arkansas and VFW Post 4453 lines up American flags of Winrock Farms after Governor Win- went on to earn a Doctorate in Edu- for the Morrilton Walk of Flags. Each throp Rockefeller passed away in 1973, cation from Baylor University, then of these flags is a visual reminder of and his involvement only grew from becoming a tenured professor at the brave men and women from there. He was heavily involved in the Hendrix. Conway County who defended our free- Conway County Economic Develop- As the executive director of AR Kids dom at home and abroad. ment Corporation and served as its Read, she works every day to further Thank you to our central Arkansas president. their mission to advance the literacy veterans who have laid their lives on Barry has always put his community, education of Arkansas children and the line for country, and congratula- the town of Morrilton, on the map by families with the aim of having stu- tions to the Martin-Bradley Post of the involving the town in the Uncommon dents read proficiently by the third American Veterans of Foreign Wars for Communities Program, which pro- grade. Our community is so grateful to her their 75 years of service. May they motes local community and economic dedication for this essential need in serve many more in the years ahead. development. HONORING DALE ENGLISH Lisenne Rockefeller, Institute board our area. Mr. HILL of Arkansas. Madam member, said, ‘‘Barry saw the big pic- RECOGNIZING DARRELL WALKER Speaker, I rise today to honor the life ture, focused on the future, and kept Mr. HILL of Arkansas. Madam of a great Arkansas public servant, Mr. others on track.’’ Speaker, as we start a new school year, Dale English. He was 80 years old. Mr. McKuin’s service to the nonprofit I rise today to recognize the University Before passing, Dale served the city and community are greatly appre- of Arkansas at Little Rock’s men’s bas- of Searcy for 33 years as city council- ciated. Congratulations on his success- ketball coach, my friend, Darrell Walk- man, and he served the fire department ful tenure at the Winthrop Rockefeller er, who was named last year’s Sun Belt for 20 years, retiring as captain. Institute, and we wish Barry McKuin Coach of the Year. Throughout his years of public serv- success in years to come. Coach Walker became the third UA ice, Mr. English developed a reputation Little Rock coach ever to win the RECOGNIZING MARY NEWSOME as a thoughtful, intelligent leader who award, leading the Trojans to one of earned the respect of his peers. Mr. HILL of Arkansas. Madam the Nation’s best turnarounds, going As a constant presence on the Searcy Speaker, today, I recognize the career from a 10–21 record the previous year to City Council for the past 33 years, Mr. and contributions of Mary Newsome to 21–10 this past season. English’s knowledge and experience the University of Arkansas Community That includes a 15–5 record in the were only matched by his love and College at Morrilton and to Conway Sun Belt Conference, on the way to UA commitment to youth sports. County, Arkansas. Little Rock’s first outright league title His memory will serve the commu- Mary is the longest-serving employee since 2015–2016. nity as a model of an effective, dedi- of the college, beginning in 1981 as The spring of pandemic cut short the cated public servant for years to come. extra help and, now, currently serving passion of March Madness. The Trojans I join the citizens of Searcy and all as the assistant to the chancellor. Yet were one of just two teams in Division Arkansans in honoring the remarkable after 39 years, her dedication to others I that finished in 1st place in their con- life of Dale English. He will be missed. goes far beyond the campus in ference after being picked 11th or lower May he rest in peace. Morrilton. in the conference preseason. RECOGNIZING RYAN CHRISTIANSEN Her list of community involvement is Coach Walker’s passion for excel- Mr. HILL of Arkansas. Madam long, including her service as a board lence in leadership and hard work are Speaker, today I rise to recognize the member of the Morrilton Area Cham- always evident, and he can now add accomplishments and service of Ryan ber of Commerce, CHI St. Vincent Sun Belt Coach of the Year to his long Christiansen of Bald Knob, Arkansas. Morrilton, Conway County Senior list of accolades and career accom- Ryan is a member of Troop 157 of the Adult Center, and the Conway County plishments. Boy Scouts of America. His goal was School Counts. She additionally serves Good luck to Coach Walker, and good always to become an Eagle Scout, as secretary of the Conway County luck to the 2020–2021 team. Go Trojans. which he accomplished on April 25, branch of the NAACP and as a Sunday RECOGNIZING DERRICK CLARK 2019, after earning 51 Scouting badges, school teacher at her church. Mr. HILL of Arkansas. Madam 30 more than the number required. Mary always makes you feel so wel- Speaker, I rise today to recognize Der- For his Eagle Scout project, Ryan come. She is a neighbor that everybody rick Clark, who has made Arkansas built a mobile drop box for the proper wants and a citizen that every commu- proud with his resilience and his deter- retirement of American flags. He is ad- nity needs. She has dedicated her life mination. ditionally working to place Purple to the betterment of others, and I For years, Derrick wrestled with Heart parking signs at businesses in thank her for her years of service to drug abuse and homelessness on the his area. UA Community College Morrilton and streets in Little Rock, looking some- The Arkansas Veterans of Foreign central Arkansas. how for a fresh start. He spent time at Wars named Ryan the 2020 Eagle Scout RECOGNIZING DIONNE JACKSON Jericho Way, our Little Rock shelter, of the Year. He was additionally hon- Mr. HILL of Arkansas. Madam where he was able to meet people who ored with a challenge coin from the Speaker, today I rise to recognize saw his potential. White County Sheriff’s Office, and Dionne Jackson, the executive director Madam Speaker, Mr. Clark made County Judge Mike Lincoln named Au- of AR Kids Read, for striving to im- that slow march to sobriety and self-

VerDate Sep 11 2014 13:02 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\K30SE7.095 H30SEPT1 SSpencer on DSK126QN23PROD with HOUSE H5100 CONGRESSIONAL RECORD — HOUSE September 30, 2020 sufficiency by working minimum-wage ment Chief Jeremy Creason for re- CONGRATULATIONS TO MARIE GATTON PHILLIPS jobs until he landed a position with a cently being named the Kentucky ELEMENTARY SCHOOL trucking company. Armed with a com- League of Cities 2020 City Employee of Mr. COMER. Madam Speaker, I rise mercial driver’s license and gainful em- the Year. to congratulate Marie Gatton Phillips ployment under his belt, Derrick estab- Mr. Creason joined the Mayfield Fire Elementary School in Sacramento, lished the Paul Philia Scholarship to Department in Graves County in 2008, Kentucky, for receiving the distinction give others the opportunity to attend serving as a firefighter and paramedic. of a 2020 National Blue Ribbon School trucking school. He quickly rose through the ranks to by the U.S. Department of Education. Mr. Clark put up the first $1,000 of his become chief at the age of 34. The award is based on a school’s over- own money to launch the scholarship, At a time when essential workers all academic performance or progress and the fund was quickly put with the have made numerous adjustments to in closing achievement gaps among Arkansas Community Foundation. The serve their communities, Mr. Creason’s student subgroups. I am grateful to the hardworking fac- J.C. Thompson Trust has agreed to dedication to Mayfield has been on full ulty and staff at Marie Gatton Phillips match every dollar donated up to display. When personal protective Elementary School for their commit- $10,000. Mr. Clark is now enrolled in equipment was scarce, he found some ment to the betterment of their stu- college classes and dreams of writing a for his fellow firefighters to ensure dents and the local community. Their book. they remained safe. This, along with passion for creating a positive and sup- Madam Speaker, I commend Mr. other precautions he took, have proven portive learning environment helps Clark and wish him the best of luck in to be effective, with no positive cases each student develop essential aca- his journey, that journey of the pursuit within the Mayfield Fire Department demic and social skills. of happiness. personnel. These skills help them succeed both Madam Speaker, I yield back the bal- In addition to taking good care of his inside and outside the classroom, plac- ance of my time. staff, Mr. Creason met with local busi- ing them on a path to become leaders f nesses and churches to advise them on in their communities for years to REMEMBERING CULLAN BROWN capacity seating in their buildings and come. regulations for reopening. His due dili- At a time when schools are working The SPEAKER pro tempore. Under gence is a shining example of caring for tirelessly to adjust to present chal- the Speaker’s announced policy of Jan- others and taking proper precautions lenges, I am proud to congratulate you uary 3, 2019, the Chair recognizes the to safely reopen. all on this terrific achievement. Your gentleman from Kentucky (Mr. COMER) I am honored to recognize Jeremy faculty, staff, and students are very de- for 30 minutes. Creason for this award and his excel- serving of this honor. Mr. COMER. Madam Speaker, I rise lent service and commitment to his I look forward to continued success today to pay tribute to the remarkable community. from Marie Gatton Phillips Elemen- life led by Mr. Cullan Brown from tary School. All of McLean County, the Eddyville, Kentucky. b 1930 First Congressional District, and the Mr. Brown was a student athlete at Commonwealth of Kentucky should be the University of Kentucky where he HONORING NEIGHBORHOOD PET STORES very proud of this recognition. excelled on the golf course. He passed Mr. COMER. Madam Speaker, I rise HONORING ROGER HOLLOWAY away in August at the age of 20 after today to honor the support neighbor- Mr. COMER. Madam Speaker, I rise battling a rare form of bone cancer. hood pet stores provide for our local today to honor Roger Holloway of Hop- A young man with a love for golf, he communities. kinsville, Kentucky, a veteran and one racked up numerous accomplishments Due to the COVID–19 pandemic, small of the last Buffalo Soldiers alive, who over his young career. He won the indi- businesses have been slammed eco- is on a mission to keep their legacy vidual Kentucky High School Athletic nomically, but these dire cir- front and center. Association State Championship, Lyon cumstances have provided us with an Mr. Holloway enlisted in the U.S. County’s first State championship in opportunity to raise awareness of the Army in 1950 at the age of 17, serving in any sport. tremendous impact local pet stores the Vietnam and Korean wars where he Mr. Brown was a highly ranked re- have on our communities. rose in the ranks to be named a cor- cruit nationwide in 2018 and could have As we all know, our animals serve as poral and squad leader. played golf at many different schools, an extension of our families and often At that time, the all-Black regiment but he decided to commit to the Uni- provide a source of friendship and com- was segregated from the general Army versity of Kentucky, saying: ‘‘I love fort for both adults and children. Dur- that would soon be integrated in 1951. the State of Kentucky and its people.’’ ing the pandemic, that companionship In 1953, Mr. Holloway took a break Cullan Brown would go on to have a has become even more paramount as from service, but soon reenlisted in successful freshman year at the Uni- pet owners are spending significantly 1954 and served in the airborne division versity of Kentucky, including being more time with their pets. until his retirement in 1972. named to the All-Southeastern Con- Local pet stores establish personal Mr. Holloway is now on a mission, a ference freshman team. relationships with the community, new mission, spreading the word to Even more impressive than his suc- whether those relationships are formed keep the stories of the Buffalo Soldiers cess on the golf course, friends, coach- through employees providing expert alive. In 1866, Congress passed the Army Or- es, and others have widely noted that advice and helping customers buy the ganization Act, creating the Buffalo this young man had a love for the peo- correct product for their animals or Soldiers, a unit composed of all Afri- ple around him and impacted many helping to raise money for the local hu- can-American troops. The Buffalo Sol- lives with his wonderful personality. mane society. diers mainly helped to protect the Cancer takes a harsh toll on individ- These small businesses make a huge western frontier after the American uals and families. One life lost to this impact on the lives of our animals, and Civil War and later fought in the Span- disease is too many. It is critical for they become part of our families’ lives, ish-American War and the Korean war. our Nation to double down on efforts to watching the pets grow over the years The Buffalo Soldiers were a pivotal fight cancer, including expanding re- and serving as a go-to resource time part of our Armed Forces, including search efforts aimed at developing ef- and time again. working to secure the first U.S. victory fective treatments and cures. I join with everyone in honoring the in Korea on July 20, 1950. Cullan Brown was a force for good extraordinary work neighborhood pet I am honored to share the excep- whose courageous battle inspired stores do to make a difference in our tional history of the Buffalo Soldiers many. His family and friends continue pets’ lives. I am honored to represent on the House floor today. Throughout to be in our thoughts and prayers. them as they continue to build rela- decades of service, they provided much- HONORING JEREMY CREASON tionships throughout the First Con- needed support, not only for our mili- Mr. COMER. Madam Speaker, I rise gressional District of Kentucky and tary but for all Americans. I am proud today to honor Mayfield Fire Depart- across the United States. of all of their accomplishments.

VerDate Sep 11 2014 13:02 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\K30SE7.096 H30SEPT1 SSpencer on DSK126QN23PROD with HOUSE September 30, 2020 CONGRESSIONAL RECORD — HOUSE H5101 I am honored to recognize Mr. Hollo- erts, a Paducah, Kentucky, whose life they see judges as lawmakers, not way and the Buffalo Soldiers for their was dedicated to public service in his merely interpreters of the law, as out- exceptional service to our Nation. I es- community. lined in the Constitution. Any judge pecially want to thank Mr. Holloway Throughout his job at the United who rightfully stands in the way of ju- for being an exceptional leader in his States Postal Service, Mr. Roberts rose dicial activism is a barrier to their community and the First Congres- through the ranks to become the first agenda. sional District of Kentucky. and only African American to hold the They want policy to be made by CONGRATULATIONS TO STARFISH ORPHAN position of postmaster for the United unelected black robes, not through the MINISTRIES States Postal Service in this tristate leaders we elect at the ballot box. Mr. COMER. Madam Speaker, I rise region. Democrats’ only hope for forcing fringe today to congratulate Starfish Orphan In addition to serving as postmaster, policies on the American people is for Ministries in Paducah, Kentucky, for he served as a member of the Post- judges to sign off on unconstitutional being selected as an Angels in Adoption master General Speaker’s Bureau in executive actions, which we saw Presi- Honoree by the 2020 Congressional Coa- 1991 and a member of the National dent Obama repeatedly pursue as a sub- lition on Adoption Institute. League of Postmasters of the United stitute for congressional approval. The Angels in Adoption program hon- States. Judge Amy Coney Barrett is an ex- ors individuals and organizations fo- Mr. Roberts’ community service exceptional nominee who brings a wealth cusing on adoptions, permanency, and tends beyond the Postal Service. He of experience from her time in both the child welfare issues. I was proud to was a part of the Paducah mayor’s private sector and on the Federal nominate this outstanding organiza- Task Force on Human Rights; commis- bench. She was confirmed to her cur- tion for this award, which they have sioner of the Paducah Human Rights rent position on the Seventh Circuit gone above and beyond to achieve. Commission; vice president of the Pa- Court of Appeals by a bipartisan vote, The Starfish Orphan Ministries sup- ducah, Kentucky, NAACP chapter; and including with the support of Hillary ports children going through the foster an associate member of the Fraternal Clinton’s 2016 running mate. Everyone care and adoption processes, both in Order of Police. Throughout these who has spent time around her has my district and around the world. roles, Mr. Roberts proved himself to be praised her qualifications and devotion One way they help children is an integral part of his community. to the law. through Kendra’s Kloset. This program In addition to serving his commu- Additionally, she clerked for the late serves single-parent households, foster nity, Mr. Roberts served his country in Justice Scalia and has pledged to fol- parents, and teens aging out of the sys- the Navy during the Vietnam war. low his philosophy of following the tem by providing them with clothing I am honored to recognize Mr. Rob- words of the Constitution, not legis- and furniture. These and other neces- erts, whose distinguished record of pub- lating from the bench. sities allow children to become more lic service is remarkable. Being extremely qualified and de- settled in their new home environ- Thank you for being an exceptional voted to the Constitution is apparently ments. leader with unparalleled contributions a red flag for Washington Democrats. In addition to serving Kentucky chil- to the city of Paducah and all of west They are going to desperate lengths to dren, Starfish Ministries has expanded Kentucky. stop her confirmation, including at- the footprint of their ministry through HONORING RICHARD DICKEN tacking her faith and threatening to international mission trips. They regu- Mr. COMER. Madam Speaker, I rise impeach President Trump for following larly take high school students on mis- to honor Richard Dicken from my his constitutional duty to nominate a sion trips to Central and South Amer- hometown of Tompkinsville, Kentucky. replacement for the late Justice Ruth ica, giving young people hands-on expo- Richard retired from TVA, where he Bader Ginsburg. sure to community outreach programs, was a well-respected engineer. The American people put President which make an extraordinary dif- To demonstrate both his work ethic Trump and the Republican Senate in ference in countless lives. and his entrepreneurial spirit, Richard charge to nominate and confirm judges Thanks to their tireless efforts to began building houses while working to the Federal bench. President Trump promote the well-being of children, I full time at TVA. was incredibly transparent about his can think of no organization more de- Upon his retirement from public plans, even putting out a list of can- serving of this recognition. work, Richard returned home to Mon- didates he would choose from. And the Congratulations, again, to Starfish roe County and started four credible American people elected him to do just Orphan Ministry of Paducah. businesses, which employed hundreds that. HONORING THE LATE TREVOR GOSSER of people: Dicken Construction, South- I look forward to seeing the Senate Mr. COMER. Madam Speaker, I rise ern Kentucky Hardwood Flooring, fulfill their constitutional duty and today to honor my friend, the late Country Boy Pellets, and a lumber confirm the President’s very qualified Trevor Gosser from Russell County, company. and capable nominee. Kentucky, who tragically passed away Richard told people to ‘‘always keep Madam Speaker, may I inquire how last month. busy and work hard for anything and much time I have remaining. I first met Trevor on Gosser Ridge in everything you want in life.’’ The SPEAKER pro tempore. The gen- Russell County when I was out cam- Richard Dicken passed away unex- tleman has 17 minutes. paigning with farmers. I hired Trevor pectedly last month. He is survived by EXPLAINING THE DIFFERENCE BETWEEN at the Kentucky Department of Agri- his spouse, Stephanie Dicken, four ABSENTEE VOTING AND MAIL-IN VOTING culture when I served as Kentucky’s stepchildren, one brother, and two sis- Mr. COMER. Madam Speaker, I want Commissioner of Agriculture. ters. to conclude by talking about the elec- He quickly demonstrated a strong He was a true Monroe County success tion process that we are about to face. work ethic and high level of dedication story who will be deeply missed. Recent news stories from across Amer- to his work. He also became a good SUPREME COURT NOMINEE AMY CONEY BARRETT ica highlight the fundamental problem friend of mine, and I offer heartfelt Mr. COMER. Madam Speaker, I rise with blue States implementing uni- condolences to his family. today to speak on the importance of versal mail-in voting. Trevor was a devoted husband, fa- ensuring that the Supreme Court, the Now, let me explain the difference ther, and employee who was able to get highest court in our land, is armed between absentee voting and universal along with everyone. with Justices who will respect our gov- mail-in voting. Absentee voting is I join with everyone throughout Rus- ernment’s guiding light, the Constitu- where a registered voter requests a bal- sell County and the First Congres- tion. lot. Universal mail-in voting is where sional District of Kentucky in keeping There is a reason that my friends on everyone on the voter rolls receives his family in our thoughts and prayers. the left are so heartbroken by the pos- ballots unsolicited. HONORING THE LATE TED ROBERTS sibility of President Trump’s out- With respect to mail-in voting, we Mr. COMER. Madam Speaker, I rise standing nominee to the Supreme have uncertainty, delay, and inaccu- today to honor the late Mr. Ted Rob- Court being confirmed. Unfortunately, racy. These are the consequences of the

VerDate Sep 11 2014 13:02 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\K30SE7.098 H30SEPT1 SSpencer on DSK126QN23PROD with HOUSE H5102 CONGRESSIONAL RECORD — HOUSE September 30, 2020 universal mail-in scheme that threaten cation, and secure ballot submission products our military, national infra- the integrity of American elections. practices. These safeguards will mini- structure, and economy depend on the As ranking member of the Oversight mize any delay in election results and most. Our country needs critical min- and Reform Committee, I recently pub- ensure the integrity of the outcome. erals to make airplanes, computers, lished a report, alongside Congressman I wish Congress could come together cell phones, electricity generation and JIM JORDAN, that laid out these threats to have universal voting standards for transmission systems, and advanced to our elections. Simply put, Democrat what will be a Presidential race that, electronics. States are changing the rules in the by all accounts, will come down to the Though these minerals are indispen- middle of the game. wire. sable to our country, we presently lack There is nothing wrong with absentee Ballots should be received by elec- the capacity to produce them in proc- voting. Absentee voting is a time-hon- tion day, and if we can’t agree on that, essed form in the quantities we need. ored tradition where voters request a then surely we can agree that ballots American producers depend on foreign ballot if they are unable to vote in per- that are received after election day countries to supply and process them. son. Expanded absentee voting is ap- have to be postmarked. Whereas the United States recognizes propriate for those who don’t feel safe There are States that are coming out the continued importance of coopera- because of the COVID–19 pandemic. I with new guidance that say ballots re- tion on supply chain issues with inter- support absentee voting. ceived after election day don’t even national partners and allies, in many However, blue State Governors have have to be postmarked. Are you kid- cases, the aggressive economic practices of certain non-market foreign taken mail-in voting to a whole new ding me? producers of critical minerals have de- level. Their brilliant idea is to mail out We have to come together on this be- stroyed vital mining and manufac- ballots to everyone on the voter rolls, fore we leave. We have to come to- turing jobs in the United States. We which are notoriously inaccurate. gether to ensure the integrity of our must reduce our vulnerability to ad- b 1945 elections. verse foreign government action, nat- Madam Speaker, that concludes my They include people who have moved ural disaster, or other supply disrup- remarks, and I yield back the balance tions. Our national security, foreign and even died, creating a situation ripe of my time. for fraud as millions of unrequested policy, and economy require a con- ballots go out to households. Who lives f sistent supply of each of these minerals. in those households? We don’t know. ADDRESSING THE THREAT TO THE Using the authority vested in me by Look no further than my home State DOMESTIC SUPPLY CHAIN FROM of Kentucky, where former Secretary IEEPA, the Executive Order requires RELIANCE ON CRITICAL MIN- the Secretary of the Interior, in con- of State Alison Lundergan Grimes was ERALS FROM FOREIGN ADVER- sultation with the Secretary of the sued for the State’s failure to maintain SARIES AND SUPPORTING THE Treasury, the Secretary of Defense, the accurate voter registration lists. DOMESTIC MINING AND PROC- Secretary of Commerce, and the heads And just yesterday, New York City ESSING INDUSTRIES—MESSAGE of other executive departments and announced that they would be re- FROM THE PRESIDENT OF THE agencies, as appropriate, to investigate sending nearly 100,000 absentee ballots UNITED STATES (H. DOC. NO. 116– our Nation’s undue reliance on critical out due to a printing error just a 155) minerals, in processed or unprocessed month before the election. The SPEAKER pro tempore laid be- form, from foreign adversaries. Fol- This raises numerous questions: How fore the House the following message lowing this investigation, the Execu- many of these ballots were already from the President of the United tive Order requires the Secretary of the cast? Will votes in New York count States; which was read and, together Interior to submit a report to the twice? Do these ballots even have to be with the accompanying papers, referred President recommending additional ex- postmarked? to the Committee on Foreign Affairs ecutive action. The fact that we are even asking and ordered to be printed: The Executive Order also declares these questions raises fundamental that it is the policy of the United concerns with the integrity of the up- To the Congress of the United States: States to protect and expand the do- coming election. Pursuant to the International Emer- mestic supply chain for minerals. Spe- Another concern is the flurry of late gency Economic Powers Act (50 U.S.C. cific executive department and agency ballots we will see after election day. It 1701 et seq.) (IEEPA), the National heads, including the Secretary of the is a disgrace to our electoral system Emergencies Act (50 U.S.C. 1601 et Interior and the Secretary of Energy, that we are allowing ballots to be seq.), and section 301 of title 3, United are directed to take various actions to counted for days after the November 3 States Code, I hereby report that I protect and expand the domestic sup- election. Shame on the States that are have issued an Executive Order declar- ply chain for minerals, consistent with allowing this to happen, including Ken- ing a national emergency to deal with applicable law, such as the publication tucky. the threat posed by our Nation’s undue of guidance, the revision of regula- Ballots received after election day is reliance on critical minerals, in proc- tions, and the acceleration of the a disaster waiting to happen. If you essed or unprocessed form, from foreign issuance of permits. vote by mail, then do it now, or at adversaries. I am enclosing a copy of the Execu- least by October 15 or October 20 to en- A strong America cannot be depend- tive Order I have issued. ent on imports from foreign adver- sure that it has time to arrive by elec- DONALD J. TRUMP. tion day. saries for the critical minerals that are THE WHITE HOUSE, September 30, 2020. We know what the consequences of increasingly necessary to maintain our f ballots accumulating in the days and economic and military strength in the weeks after election day will be. Look 21st century. Because of the national HOUSE BILLS APPROVED BY THE no further than a recent New York pri- importance of reliable access to crit- PRESIDENT mary, where Governor Cuomo’s shift to ical minerals, I signed Executive Order The President notified the Clerk of mail-in voting led to absolute chaos. 13817 of December 20, 2017 (A Federal the House that on the following dates Election officials disqualified thou- Strategy To Ensure Secure and Reli- he had approved and signed bills of the sands of ballots for not having timely able Supplies of Critical Minerals), following titles: postmarks, and the election wasn’t cer- which required the Secretary of the In- July 14, 2020: tified for 6 weeks. terior to identify critical minerals and H.R. 7440. An Act to impose sanctions with The surest guarantee of election in- made it the policy of the Federal Gov- respect to foreign persons involved in the tegrity is for Americans to vote in per- ernment ‘‘to reduce the Nation’s vul- erosion of certain obligations of China with son where safe and possible. Even Dr. nerability to disruptions in the supply respect to Hong Kong, and for other purposes. Fauci has declared in-person voting to of critical minerals.’’ The critical min- August 4, 2020: be safe. This method comes with erals identified by the Secretary of the H.R. 1957. An Act to amend title 54, United knowledgeable workers, identity verifi- Interior are necessary inputs for the States Code, to establish, fund, and provide

VerDate Sep 11 2014 13:02 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\K30SE7.100 H30SEPT1 SSpencer on DSK126QN23PROD with HOUSE September 30, 2020 CONGRESSIONAL RECORD — HOUSE H5103 for the use of amounts in a National Parks program and separate amounts authorized forcement and justice protocols appropriate and Public Land Legacy Restoration Fund to for other loans under section 7(a) of the to address missing and murdered Indians, address the maintenance backlog of the Na- Small Business Act, and for other purposes. and for other purposes. tional Park Service, the United States Fish July 13, 2020: S. 982.—An act to increase intergovern- and Wildlife Service, the Bureau of Land S. 4091. An Act to amend section 1113 of the mental coordination to identify and combat Management, the Forest Service, and the Social Security Act to provide authority for violent crime within Indian lands and of In- Bureau of Indian Education, and to provide fiscal year 2020 for increased payments for dians. permanent, dedicated funding for the Land temporary assistance to United States citi- and Water Conservation Fund, and for other zens returned from foreign countries, and for f purposes. other purposes. August 8, 2020: July 22, 2020: S. 4148. An Act to extend the Chemical Fa- JOINT RESOLUTIONS PRESENTED H.R. 886. An Act to direct the Attorney TO THE PRESIDENT General to establish and carry out a Veteran cility Anti-Terrorism Standards Program of Treatment Court Program. the Department of Homeland Security, and Cheryl L. Johnson, Clerk of the H.R. 3504. An Act to amend title 38, United for other purposes. House, reported that on September 22, States Code, to provide for improvements to August 3, 2020: S. 4209. An Act to amend title IX of the So- 2020, she presented to the President of the specially adapted housing program and the United States, for his approval, the educational assistance programs of the De- cial Security Act to improve emergency un- partment of Veterans Affairs, and for other employment relief for governmental entities following joint resolutions: purposes. and nonprofit organizations. H.J. Res. 87. Providing for the reappoint- H.R. 4920. An Act to amend title 38, United August 14, 2020: ment of Michael M. Lynton as a citizen re- States Code, to provide for an exception to S. 2163. An Act to establish the Commis- gent of the Board of Regents of the Smithso- certain small business contracting require- sion on the Social Status of Black Men and nian Institution. ments applicable to the Department of Vet- Boys, to study and make recommendations H.J. Res. 88. Providing for the appointment erans Affairs procurement of certain goods to address social problems affecting Black of Franklin D. Raines as a citizen regent of and services covered under the Ability One men and boys, and for other purposes. the Board of Regents of the Smithsonian In- S. 3607. An Act to extend public safety offi- program, and for other purposes. stitution. cer death benefits to public safety officers f whose death is caused by COVID–19, and for f SENATE BILLS APPROVED BY THE other purposes. S. 3637. An Act to amend the PRESIDENT Servicemembers Civil Relief Act to extend ADJOURNMENT The President notified the Clerk of lease protections for servicemembers under The SPEAKER pro tempore. Pursu- the House that on the following dates stop movement orders in response to a local, ant to section 4(b) of House Resolution he had approved and signed bills of the national, or global emergency, and for other purposes. 967, the House stands adjourned until 9 Senate of the following titles: a.m. tomorrow for morning-hour de- f July 2, 2020: bate and 11 a.m. for legislative busi- S. 3084. An Act to amend title 38, United SENATE ENROLLED BILLS SIGNED ness. States Code, to modify the limitation on pay Thereupon (at 7 o’clock and 51 min- for certain high-level employees and officers The Speaker announced her signa- of the Department of Veterans Affairs. ture to enrolled bills of the Senate of utes p.m.), under its previous order, the July 4, 2020: the following titles: House adjourned until tomorrow, S. 4116. An Act to extend the authority for S. 227.—An act to direct the Attorney Gen- Thursday, October 1, 2020, at 9 a.m. for commitments for the paycheck protectionh eral to review, revise, and develop law en- morning-hour debate. BUDGETARY EFFECTS OF PAYGO LEGISLATION Pursuant to the Statutory Pay-As-You-Go Act of 2010 (PAYGO), Mr. YARMUTH hereby submits, prior to the vote on passage, for printing in the CONGRESSIONAL RECORD, that H.R. 5068, the Women Who Worked on the Home Front World War II Memorial Act, as amended, would have no significant effect on the deficit, and therefore, the budgetary effects of such bill are estimated as zero.

Pursuant to the Statutory Pay-As-You-Go Act of 2010 (PAYGO), Mr. YARMUTH hereby submits, prior to the vote on passage, for printing in the CONGRESSIONAL RECORD, that H.R. 5126, the DESCEND Act of 2020, as amended, would have no significant effect on the deficit, and therefore, the budgetary effects of such bill are estimated as zero.

Pursuant to the Statutory Pay-As-You-Go Act of 2010 (PAYGO), Mr. YARMUTH hereby submits, prior to the vote on passage, for printing in the CONGRESSIONAL RECORD, that H.R. 5139, the Stop Sexual Assault and Harassment in Transpor- tation Act, as amended, would have no significant effect on the deficit, and therefore, the budgetary effects of such bill are estimated as zero.

Pursuant to the Statutory Pay-As-You-Go Act of 2010 (PAYGO), Mr. YARMUTH hereby submits, prior to the vote on passage, for printing in the CONGRESSIONAL RECORD, that H.R. 7340, the Chai Suthammanont Remembrance Act of 2020, as amended, would have no significant effect on the deficit, and therefore, the budgetary effects of such bill are estimated as zero.

Pursuant to the Statutory Pay-As-You-Go Act of 2010 (PAYGO), Mr. YARMUTH hereby submits, prior to the vote on passage, for printing in the CONGRESSIONAL RECORD, that H.R. 7496, the COVID PREPARE Act of 2020, as amended, would have no significant effect on the deficit, and therefore, the budgetary effects of such bill are estimated as zero.

Pursuant to the Statutory Pay-As-You-Go Act of 2010 (PAYGO), Mr. YARMUTH hereby submits, prior to the vote on passage, the attached estimate of the costs of H.R. 7718, the Protecting the Health and Wellness of Babies and Pregnant Women in Custody Act, as amended, for printing in the CONGRESSIONAL RECORD.

Estimate of Pay-As-You-Go Effects for H.R. 7718

By fiscal year, in millions of dollars— 2020– 2020– 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2025 2030

Statutory Pay-As-You-Go Impact ...... 0 0 0 0 0 0 0 0 0 0 0 0 1 Components may not sum to totals because of rounding

VerDate Sep 11 2014 13:02 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00047 Fmt 4634 Sfmt 8634 E:\CR\FM\A30SE7.043 H30SEPT1 SSpencer on DSK126QN23PROD with HOUSE H5104 CONGRESSIONAL RECORD — HOUSE September 30, 2020 Pursuant to the Statutory Pay-As-You-Go Act of 2010 (PAYGO), Mr, YARMUTH hereby submits, prior to the vote on passage, for printing in the CONGRESSIONAL RECORD, that H.R. 8225, the Fight Notario Fraud Act of 2020, as amended, would have no significant effect on theh deficit, and therefore, the budgetary effects of such bill are estimated as zero.

EXECUTIVE COMMUNICATIONS, for printing and reference to the proper By Mr. COHEN: ETC. calendar, as follows: H.R. 8448. A bill to prohibit certain signa- Under clause 2 of rule XIV, executive Mr. MCGOVERN: Committee on Rules. tures on checks and notices issued by the De- communications were taken from the House Resolution 1161. Resolution providing partment of the Treasury, and for other pur- Speaker’s table and referred as follows: for consideration of the Senate amendments poses; to the Committee on Ways and Means. to the bill (H.R. 925) to extend the authoriza- By Mr. CROW (for himself, Mr. KELLY 5387. A letter from the OSD FRLO, Office tion of appropriations for allocation to carry of the Secretary, Department of Defense, of Mississippi, Mr. DESJARLAIS, Ms. transmitting the Department’s final rule — out approved wetlands conservation projects OMAR, and Mr. CRIST): National Geospatial-Intelligence Agency under the North American Wetlands Con- H.R. 8449. A bill to direct the Secretary of (NGA) Privacy Program [Docket ID: DoD- servation Act through fiscal year 2024 (Rept. Veterans Affairs to carry out a pilot pro- 2019-OS-0082] (RIN: 0790-AK66) received Sep- 116–556). Referred to the House Calendar. gram to collect and analyze data regarding tember 17, 2020, pursuant to 5 U.S.C. f suicides and attempted suicides by veterans 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 PUBLIC BILLS AND RESOLUTIONS on the property of the Department of Vet- Stat. 868); to the Committee on Armed Serv- Under clause 2 of rule XII, public erans Affairs, and for other purposes; to the ices. Committee on Veterans’ Affairs. 5388. A letter from the OSD FRLO, Office bills and resolutions of the following By Mr. CURTIS (for himself, Ms. of the Secretary, Department of Defense, titles were introduced and severally re- KENDRA S. HORN of Oklahoma, Mr. transmitting the Department’s final rule — ferred, as follows: National Security Agency/Central Security KELLY of Pennsylvania, Mr. BERA, Services Privacy Act Program [Docket ID: By Mr. DUNN (for himself and Mr. HAS- Mr. VAN DREW, and Mr. HARRIS): DoD-2020-OS-0030] (RIN: 0790AK68) received TINGS): H.R. 8450. A bill to treat certain face cov- H.R. 8443. A bill to amend part E of title IV September 17, 2020, pursuant to 5 U.S.C. erings and disinfectants as medical expenses of the Social Security Act to require States 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 to provide for the placement of a foster child for purposes of certain Federal tax benefits; Stat. 868); to the Committee on Armed Serv- to the Committee on Ways and Means. ices. in a cottage home, and to make a child so placed eligible for foster care maintenance By Ms. DELAURO (for herself, Ms. 5389. A letter from the OSD FRLO, Office OCASIO-CORTEZ, Ms. NORTON, Mr. of the Secretary, Department of Defense, payments; to the Committee on Ways and CARSON of Indiana, Mrs. HAYES, and transmitting the Department’s final rule — Means. Mr. SAN NICOLAS): Defense Security Service Privacy Program By Mr. TAYLOR (for himself and Ms. [Docket ID: DoD-2018-OS-0008] (RIN: 0790- SHALALA): H.R. 8451. A bill to amend the Housing and AK67) received September 17, 2020, pursuant H.R. 8444. A bill to direct the Secretary of Community Development Act of 1974 to pro- to 5 U.S.C. 801(a)(1)(A); Public Law 104-121, Health and Human Services to enter into an vide additional funding under the Commu- Sec. 251; (110 Stat. 868); to the Committee on agreement with the National Academy of nity Development Block Grant program for Armed Services. Medicine under which the National Academy units of general local government to digitize 5390. A letter from the OSD FRLO, Office agrees to conduct a one-year study assessing and make available online information re- of the Secretary, Department of Defense, the effectiveness of current vital statistics garding violations of housing construction, transmitting the Department’s final rule — reporting and data sharing between State, building, and safety codes, and for other pur- National Reconnaissance Office Privacy Act local, and Federal agencies, and for other poses; to the Committee on Financial Serv- Program [Docket ID: DoD-2019-OS-0067] (RIN: purposes; to the Committee on Energy and ices. 0790-AK71) September 17, 2020, pursuant to 5 Commerce. By Ms. GABBARD: U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. By Mr. WILSON of South Carolina (for H.R. 8452. A bill to amend title 18, United 251; (110 Stat. 868); to the Committee on himself, Mrs. WAGNER, Mr. PERRY, States Code, to clarify certain offenses re- Armed Services. Mr. YOHO, Mr. BURCHETT, Mr. WALK- 5391. A letter from the Director, Office of lated to espionage, and for other purposes; to ER, Mr. STEUBE, Mr. KELLY of Mis- Legislative Affairs, Federal Deposit Insur- the Committee on the Judiciary. sissippi, Mr. BACON, Mr. HIGGINS of ance Corporation, transmitting the Corpora- By Ms. GARCIA of Texas (for herself, Louisiana, Mr. GOSAR, Mrs. LESKO, tion’s statement — Joint Statement on En- Mr. CASTRO of Texas, Mr. GONZALEZ forcement of Bank Secrecy Act/Anti-Money and Mr. MCCLINTOCK): H.R. 8445. A bill to impose certain meas- of Texas, Mr. DOGGETT, Mr. VELA, Mr. Laundering Requirements received Sep- ures with respect to Hezbollah-dominated CUELLAR, Mr. CARTER of Texas, Mr. tember 14, 2020, pursuant to 5 U.S.C. areas in Lebanon and Latin America and to ROY, Mr. VEASEY, Mr. WILLIAMS, Mr. 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 TAYLOR, Mr. HURD of Texas, Mr. Stat. 868); to the Committee on Financial impose sanctions with respect to senior for- ALLRED, Mr. GREEN of Texas, Ms. Services. eign political figures in Lebanon, Venezuela, 5392. A letter from the Director, Office of Cuba, and Nicaragua supporting Hezbollah; ESCOBAR, Mr. BABIN, and Mr. CREN- Legislative Affairs, Federal Deposit Insur- to the Committee on Foreign Affairs, and in SHAW): ance Corporation, transmitting the Corpora- addition to the Committees on the Judici- H.R. 8453. A bill to designate the facility of tion’s final rule — Incorporation of Existing ary, and Financial Services, for a period to the United States Postal Service located at Statement of Policy Regarding Requests for be subsequently determined by the Speaker, 5302 Galveston Road in Houston, Texas, as Participation in the Affairs of an Insured De- in each case for consideration of such provi- the ‘‘Vanessa Guille´n Post Office Building’’; pository Institution by Convicted Individ- sions as fall within the jurisdiction of the to the Committee on Oversight and Reform. uals (RIN: 3064-AF19) received September 14, committee concerned. By Ms. GARCIA of Texas (for herself 2020, pursuant to 5 U.S.C. 801(a)(1)(A); Public By Mr. STEWART: and Mrs. WAGNER): Law 104-121, Sec. 251; (110 Stat. 868); to the H.R. 8446. A bill to provide greater con- Committee on Financial Services. servation, recreation, economic development H.R. 8454. A bill to establish a National 5393. A letter from the Program Specialist, and local management of Federal lands in Commission on Online Child Sexual Exploi- Chief Counsel’s Office, Office of the Comp- Garfield and Kane Counties, Utah; to the tation Prevention, and for other purposes; to troller of the Currency, Department of the Committee on Natural Resources. the Committee on Energy and Commerce, Treasury, transmitting the Department’s By Mr. BEYER (for himself, Mr. ROG- and in addition to the Committees on the Ju- final rule — Standardized Approach for Cal- ERS of Alabama, and Mr. diciary, and Education and Labor, for a pe- culating the Exposure Amount of Derivative LOWENTHAL): riod to be subsequently determined by the Contracts; Correction [Docket ID: OCC-2018- H.R. 8447. A bill to authorize the Secretary Speaker, in each case for consideration of 0030] (RIN: 1557-AE93) received September 29, of Transportation to provide loans for the such provisions as fall within the jurisdic- 2020, pursuant to 5 U.S.C. 801(a)(1)(A); Public acquisition of electric or fuel cell buses and tion of the committee concerned. Law 104-121, Sec. 251; (110 Stat. 868); to the related infrastructure; to the Committee on By Ms. HAALAND (for herself, Mr. Committee on Financial Services. Transportation and Infrastructure, and in GREEN of Texas, Ms. BARRAGA´ N, Mr. f addition to the Committee on Energy and ESPAILLAT, Mr. DANNY K. DAVIS of Il- REPORTS OF COMMITTEES ON Commerce, for a period to be subsequently linois, Ms. TLAIB, Mr. GALLEGO, Mr. BLUMENAUER, Mr. TED LIEU of Cali- PUBLIC BILLS AND RESOLUTIONS determined by the Speaker, in each case for consideration of such provisions as fall with- fornia, Mr. EVANS, Ms. LEE of Cali- Under clause 2 of rule XIII, reports of in the jurisdiction of the committee con- fornia, Mrs. NAPOLITANO, and Ms. committees were delivered to the Clerk cerned. JAYAPAL):

VerDate Sep 11 2014 15:02 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\A30SE7.049 H30SEPT1 SSpencer on DSK126QN23PROD with HOUSE September 30, 2020 CONGRESSIONAL RECORD — HOUSE H5105 H.R. 8455. A bill to create a process by determined by the Speaker, in each case for H. Res. 1162. A resolution expressing the which the Board on Geographic Names shall consideration of such provisions as fall with- sense of the House of Representatives that review and revise offensive names of Federal in the jurisdiction of the committee con- the Federal Government should drop all land units, to create an advisory committee cerned. charges against Edward Snowden; to the to recommend Federal land unit names to be By Ms. SPANBERGER (for herself and Committee on the Judiciary, and in addition reviewed by the Board, and for other pur- Mr. KATKO): to the Committee on Intelligence (Perma- poses; to the Committee on Natural Re- H.R. 8464. A bill to amend the Foreign nent Select), for a period to be subsequently sources. Agents Registration Act of 1938 to clarify the determined by the Speaker, in each case for By Mr. KELLY of Pennsylvania: application to informational materials post- consideration of such provisions as fall with- H.R. 8456. A bill to amend the National ed on online platforms by agents of foreign in the jurisdiction of the committee con- Voter Registration Act of 1993 to increase principals of the disclaimer requirements ap- cerned. the criminal penalties under such Act; to the plicable under such Act to informational ma- By Mr. TURNER: Committee on House Administration, and in terials transmitted by agents of foreign prin- H. Res. 1163. A resolution recognizing the addition to the Committee on the Judiciary, cipals through the United States mails, and 25th anniversary of the Dayton Peace Ac- for a period to be subsequently determined for other purposes; to the Committee on the cords; to the Committee on Foreign Affairs. by the Speaker, in each case for consider- Judiciary. f ation of such provisions as fall within the ju- By Ms. SPEIER (for herself, Mr. ENGEL, risdiction of the committee concerned. Mr. CASTRO of Texas, Ms. NORTON, CONSTITUTIONAL AUTHORITY By Mr. KILMER (for himself, Ms. Ms. ESCOBAR, Ms. HAALAND, Mr. GON- STATEMENT WEXTON, Mr. BEYER, Mr. CASE, and ZALEZ of Texas, Mrs. DINGELL, Mr. Pursuant to clause 7 of rule XII of Mr. CONNOLLY): CARSON of Indiana, Mr. PRICE of H.R. 8457. A bill to restore leave lost by North Carolina, Mr. SAN NICOLAS, Mr. the Rules of the House of Representa- Federal employees during certain public KIND, Mrs. WATSON COLEMAN, Mr. tives, the following statements are sub- health emergencies, and for other purposes; LARSON of Connecticut, Ms. PINGREE, mitted regarding the specific powers to the Committee on Oversight and Reform, Ms. SCHAKOWSKY, and Ms. OMAR): granted to Congress in the Constitu- and in addition to the Committees on House H.R. 8465. A bill to require the Secretary of tion to enact the accompanying bill or Administration, and the Judiciary, for a pe- State to develop policy and procedures on joint resolution. riod to be subsequently determined by the prevention and response to harassment, dis- Speaker, in each case for consideration of crimination, sexual assault, and related re- By Mr. DUNN: H.R. 8443. such provisions as fall within the jurisdic- taliation, and for other purposes; to the Congress has the power to enact this legis- tion of the committee concerned. Committee on Foreign Affairs, and in addi- lation pursuant to the following: tion to the Committees on Education and By Mr. TED LIEU of California: Article , Section 8, Clause 1 states: ‘‘The H.R. 8458. A bill to amend the Securities Labor, Oversight and Reform, House Admin- Congress shall have Power to . . . provide for Exchange Act of 1934 to require public com- istration, and the Judiciary, for a period to . . . the general Welfare of the United States panies to provide sexual harassment claim be subsequently determined by the Speaker, . . .’’ [Page H8458] disclosures in certain reports, to require pub- in each case for consideration of such provi- By Mr. TAYLOR: lic companies to implement mandatory sex- sions as fall within the jurisdiction of the H.R. 8444. ual harassment training, and for other pur- committee concerned. Congress has the power to enact this legis- poses; to the Committee on Financial Serv- By Mr. SWALWELL of California (for lation pursuant to the following: ices. himself and Mr. MCCAUL): Article I, Section 8, Clause 3 and Article I, H.R. 8466. A bill to provide for a system for By Ms. LOFGREN (for herself and Mr. Section 8, Clause 18 of the United States reviewing the case files of cold case murders JOHNSON of Georgia): Constitution H.R. 8459. A bill to amend the Federal Elec- at the instance of certain persons, and for By Mr. WILSON of South Carolina: tion Campaign Act of 1971 to require organi- other purposes; to the Committee on the Ju- H.R. 8445. zations that spend more than $50,000 on Fed- diciary. Congress has the power to enact this legis- eral judicial nomination communications to By Mr. THOMPSON of California (for lation pursuant to the following: file statements disclosing donors and certain himself and Mr. KELLY of Pennsyl- Article 1, Section 8, Clause 1. other information with the Federal Election vania): By Mr. STEWART: Commission; to the Committee on House Ad- H.R. 8467. A bill to amend titles XVIII and H.R. 8446. ministration. XIX of the Social Security Act and title Congress has the power to enact this legis- By Mr. MCEACHIN (for himself and Ms. XXVII of the Public Health Service Act to lation pursuant to the following: BONAMICI): provide for coverage of certain drugs used in Article IV, Section III H.R. 8460. A bill to prohibit the use of cor- the treatment or management of a rare dis- By Mr. BEYER: poral punishment in schools, and for other ease or condition, and for other purposes; to H.R. 8447. purposes; to the Committee on Education the Committee on Energy and Commerce, Congress has the power to enact this legis- and Labor, and in addition to the Committee and in addition to the Committee on Ways lation pursuant to the following: on Armed Services, for a period to be subse- and Means, for a period to be subsequently Article 1, Section 8 quently determined by the Speaker, in each determined by the Speaker, in each case for By Mr. COHEN: case for consideration of such provisions as consideration of such provisions as fall with- H.R. 8448. fall within the jurisdiction of the committee in the jurisdiction of the committee con- Congress has the power to enact this legis- concerned. cerned. lation pursuant to the following: By Mr. PANETTA: By Mrs. TRAHAN (for herself, Mrs. Clause 3 of section 8 of Article I H.R. 8461. A bill to amend the Arms Export HAYES, and Mrs. BUSTOS): By Mr. CROW: Control Act relating to export licenses for H.R. 8468. A bill to amend the Higher Edu- H.R. 8449. firearm silencers; to the Committee on For- cation Act of 1965 to allow certain students Congress has the power to enact this legis- eign Affairs. enrolled in an institution of higher edu- lation pursuant to the following: By Mr. PRICE of North Carolina (for cation to apply for teaching residency pro- Article 1, Section 8, Clause 18: To make all himself and Mr. ZELDIN): grams, and for other purposes; to the Com- Laws which shall be necessary and proper for H.R. 8462. A bill to safeguard taxpayer re- mittee on Education and Labor. carrying into Execution the foregoing Pow- sources and strengthen the Nation’s resil- By Mr. YOUNG (for himself and Ms. ers, and all other Powers vested by the Con- ience against severe storms and flooding; to GABBARD): stitution in the Government of the United the Committee on Financial Services, and in H.R. 8469. A bill to amend the Alyce Spot- States, or in any Department or Officer addition to the Committee on Transpor- ted Bear and Walter Soboleff Commission on thereof. tation and Infrastructure, for a period to be Native Children Act to extend the deadline By Mr. CURTIS: subsequently determined by the Speaker, in for a report by the Alyce Spotted Bear and H.R. 8450. each case for consideration of such provi- Walter Soboleff Commission on Native Chil- Congress has the power to enact this legis- sions as fall within the jurisdiction of the dren, and for other purposes; to the Com- lation pursuant to the following: committee concerned. mittee on Natural Resources. Article 1, Section 8 of the United States By Mr. SCHNEIDER (for himself, Mr. By Ms. DEAN (for herself and Mrs. Constitution FITZPATRICK, Mr. SHERMAN, and Mr. LAWRENCE): By Ms. DELAURO: KATKO): H. Res. 1160. A resolution expressing sup- H.R. 8451. H.R. 8463. A bill to deter foreign inter- port for the designation of September 2020 as Congress has the power to enact this legis- ference in United States elections, and for ‘‘Pain Awareness Month’’ and recognizing lation pursuant to the following: other purposes; to the Committee on Foreign the disproportionate impact of migraine dis- Article I, Section 8 Affairs, and in addition to the Committees ease and headache disorders on women; to By Ms. GABBARD: on Intelligence (Permanent Select), the Ju- the Committee on Energy and Commerce. H.R. 8452. diciary, Financial Services, Ways and Means, By Ms. GABBARD (for herself and Mr. Congress has the power to enact this legis- and Rules, for a period to be subsequently GAETZ): lation pursuant to the following:

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The U.S. Constitution including Article 1, Congress has the power to enact this legis- H.R. 6654: Mr. PAYNE and Ms. SHALALA. Section 8. lation pursuant to the following: H.R. 6794: Mr. EVANS. By Ms. GARCIA of Texas: Article I H.R. 6802: Mr. LAMALFA. H.R. 8453. By Mrs. TRAHAN: H.R. 6908: Ms. GABBARD. Congress has the power to enact this legis- H.R. 8468. H.R. 6933: Ms. PINGREE. lation pursuant to the following: Congress has the power to enact this legis- H.R. 6958: Mr. PAYNE, Mr. CASTEN of Illi- This bill is enacted pursuant to the power lation pursuant to the following: nois, Ms. CRAIG, Mrs. CAROLYN B. MALONEY granted to Congress under Article I, Section Article I, Section 8, Clause 18 of New York, Mr. CARSON of Indiana, Mr. 8, Clause 7 to establish post offices and post By Mr. YOUNG: O’HALLERAN, Mr. COX of California, Mr. FOS- Roads H.R. 8469. TER, Mr. PRICE of North Carolina, Mr. SAN By Ms. GARCIA of Texas: Congress has the power to enact this legis- NICOLAS, and Mr. RASKIN. H.R. 8454. lation pursuant to the following: H.R. 6986: Mr. SIRES and Mr. DEUTCH. Congress has the power to enact this legis- Article I, Section 8, Clause 3 and Article I, H.R. 6997: Mr. GOHMERT. lation pursuant to the following: Section 8, Clause 18 H.R. 7039: Mr. CRIST. Amendments XIII and XIV of the U.S. Con- f H.R. 7040: Mr. CRIST. stitution; and Article I, Section 8, Clause 3 of H.R. 7071: Mr. DELGADO, Mr. MCGOVERN, the U.S. Constitution. ADDITIONAL SPONSORS Mr. BRINDISI, and Mr. UPTON. By Ms. HAALAND: Under clause 7 of rule XII, sponsors H.R. 7186: Ms. JUDY CHU of California. H.R. 8455. ASTEN were added to public bills and resolu- H.R. 7197: Mr. C of Illinois. Congress has the power to enact this legis- H.R. 7370: Mr. KILDEE. lation pursuant to the following: tions, as follows: H.R. 7486: Mr. HIGGINS of New York and Ms. Article II, Section 8 H.R. 597: Mr. DELGADO. DAVIDS of Kansas. By Mr. KELLY of Pennsylvania: H.R. 692: Mr. JACOBS. H.R. 7525: Mrs. DEMINGS. H.R. 8456. H.R. 913: Ms. DAVIDS of Kansas, Mr. KIND, H.R. 7595: Mr. COX of California, Mr. Congress has the power to enact this legis- and Mr. DESAULNIER. DEUTCH, Mr. GARAMENDI, and Mr. CA´ RDENAS. lation pursuant to the following: H.R. 961: Mr. CLEAVER and Ms. OMAR. H.R. 7615: Mrs. MILLER. Article I, Section 8, Clause 18 H.R. 1042: Mr. CLEAVER. H.R. 7640: Ms. MCCOLLUM and Ms. JAYAPAL. By Mr. KILMER: H.R. 1098: Mr. JOYCE of Pennsylvania. H.R. 7658: Mr. BARR. H.R. 8457. H.R. 1325: Mr. GARCI´A of California. H.R. 7758: Mr. KELLY of Mississippi. Congress has the power to enact this legis- H.R. 1367: Mr. JOYCE of Ohio. H.R. 7777: Mr. MEUSER, Mr. RIGGLEMAN, and lation pursuant to the following: H.R. 1432: Ms. HOULAHAN. Mr. MCADAMS. Article 1, Section 8, Clause 3 H.R. 1711: Ms. SCANLON, Ms. PINGREE, and H.R. 7783: Ms. KELLY of Illinois. By Mr. TED LIEU of California: Ms. SHERRILL. H.R. 7806: Ms. HAALAND and Ms. MATSUI. H.R. 8458. H.R. 2009: Mr. TONKO. H.R. 7809: Mr. LOUDERMILK and Mr. ROONEY Congress has the power to enact this legis- H.R. 2179: Mr. BISHOP of North Carolina. of Florida. lation pursuant to the following: H.R. 2245: Mrs. LURIA. H.R. 7838: Mr. GREEN of Tennessee and Mr. Pursuant to Article 1, Section 8. H.R. 2293: Mr. KATKO. VISCLOSKY. By Ms. LOFGREN: H.R. 2350: Mr. SWALWELL of California and H.R. 7839: Ms. KELLY of Illinois. H.R. 8459. Mr. CARTWRIGHT. H.R. 7879: Mr. BALDERSON, Mr. CLEAVER, Congress has the power to enact this legis- H.R. 2415: Mr. PRICE of North Carolina and Mr. RODNEY DAVIS of Illinois, Mr. lation pursuant to the following: Mr. LYNCH. O’HALLERAN, Mr. GALLEGO, Ms. KUSTER of United States Constitution, Article I, Sec- H.R. 2442: Ms. ADAMS. New Hampshire, Mr. AMODEI, Ms. KELLY of tion 8 H.R. 2471: Mrs. NAPOLITANO. Illinois, and Mr. JOHNSON of South Dakota. By Mr. MCEACHIN: H.R. 2643: Mr. GOTTHEIMER. H.R. 7883: Mr. BYRNE and Mr. YOUNG. H.R. 8460. H.R. 3316: Mrs. BEATTY. H.R. 7886: Mr. BLUMENAUER, Mr. CARTER of Congress has the power to enact this legis- H.R. 3548: Mr. MORELLE. Georgia, and Mr. CA´ RDENAS. lation pursuant to the following: H.R. 3711: Ms. NORTON. H.R. 7918: Mr. GOTTHEIMER. Article I, Section 8 H.R. 3874: Mrs. WATSON COLEMAN and Ms. H.R. 7926: Mr. SAN NICOLAS. By Mr. PANETTA: WILD. H.R. 7927: Mr. LARSON of Connecticut and H.R. 8461. H.R. 4002: Mr. GONZALEZ of Texas. Mr. KUSTOFF of Tennessee. Congress has the power to enact this legis- H.R. 4041: Mr. MORELLE. H.R. 7933: Mr. KATKO. lation pursuant to the following: H.R. 4100: Mrs. MURPHY of Florida. H.R. 7950: Mr. EVANS. Article I, Section 8, Clause 18 H.R. 4236: Mr. MORELLE. H.R. 7954: Mr. SIRES and Mr. PHILLIPS. By Mr. PRICE of North Carolina: H.R. 4283: Mr. GOTTHEIMER. H.R. 7985: Mr. KELLY of Mississippi. H.R. 8462. H.R. 4326: Mr. SIRES and Mr. SHERMAN. H.R. 7990: Mr. SIRES. Congress has the power to enact this legis- H.R. 4379: Mr. PHILLIPS. H.R. 8006: Mr. FLORES. lation pursuant to the following: H.R. 4393: Mrs. DAVIS of California. H.R. 8012: Mr. MARSHALL. Article 1, Section 8, clause 1, also known as H.R. 4446: Mr. STEUBE. H.R. 8013: Mr. MARSHALL. the general welfare clause, reads in part: H.R. 4507: Mr. SIRES, Mr. DEUTCH, Ms. H.R. 8021: Mr. MORELLE. ‘‘The Congress shall have power to lay and BASS, Mr. TED LIEU of California, Mr. H.R. 8058: Mr. BALDERSON, Mr. PERRY, Mr. collect taxes, duties, imposts and excises, to CICILLINE, and Mr. BERA. RIGGLEMAN, and Mr. POSEY. pay the debts and provide for the common H.R. 4542: Mr. WEBSTER of Florida. H.R. 8075: Ms. STEFANIK, Mr. MULLIN, and defense and general welfare of the United H.R. 4549: Ms. SHERRILL and Ms. BONAMICI. Mr. CASE. States . . .’’ H.R. 4575: Mr. AGUILAR. H.R. 8077: Mr. KIND. By Mr. SCHNEIDER: H.R. 5002: Mr. BURCHETT, Mr. POSEY, Mr. H.R. 8079: Mr. LARSON of Connecticut and H.R. 8463. COOPER, Mr. COX of California, and Mr. ADER- Mr. EVANS. Congress has the power to enact this legis- HOLT. H.R. 8101: Mr. HASTINGS. lation pursuant to the following: H.R. 5046: Mrs. MURPHY of Florida and Mr. H.R. 8112: Mr. RUIZ. Article I WENSTRUP. H.R. 8143: Mr. RESCHENTHALER. By Ms. SPANBERGER: H.R. 5227: Ms. JACKSON LEE and Mr. H.R. 8171: Mr. CLEAVER, Mr. MORELLE, and H.R. 8464. CICILLINE. Ms. PINGREE. Congress has the power to enact this legis- H.R. 5326: Mr. BEYER. H.R. 8178: Mr. WELCH, Mr. SIRES, Mr. lation pursuant to the following: H.R. 5435: Mr. MORELLE. DESAULNIER, and Ms. JAYAPAL. U.S. Constitution, Article I, Section 8 H.R. 5589: Mr. MORELLE. H.R. 8179: Mr. BARR, Mr. KIND, and Mr. By Ms. SPEIER: H.R. 5605: Mr. BUDD, Mr. WOMACK, and Mr. RIGGLEMAN. H.R. 8465. FOSTER. H.R. 8198: Mr. GOODEN and Mr. Congress has the power to enact this legis- H.R. 5814: Mr. AGUILAR. RESCHENTHALER. lation pursuant to the following: H.R. 5845: Mr. MORELLE. H.R. 8236: Ms. SHALALA, Mrs. MURPHY of This bill is enacted pursuant to the power H.R. 5917: Mr. AGUILAR. Florida, Mr. BACON, and Mr. POSEY. granted to Congress under Article 1, Section H.R. 5952: Mr. MCKINLEY. H.R. 8254: Mrs. NAPOLITANO, Mr. 8 of the United States Constitution. H.R. 5957: Mr. MCGOVERN. SCHWEIKERT, Mr. GONZALEZ of Texas, Mr. By Mr. SWALWELL of California: H.R. 5986: Mr. CARTWRIGHT and Mr. PETERS, Mr. THOMPSON of California, and Mr. H.R. 8466. MORELLE. NEGUSE. Congress has the power to enact this legis- H.R. 6142: Mr. DEUTCH. H.R. 8260: Mr. CUELLAR. lation pursuant to the following: H.R. 6556: Ms. SCANLON and Ms. KELLY of H.R. 8265: Mr. EMMER. Article I, Section 8 Illinois. H.R. 8266: Ms. JUDY CHU of California. By Mr. THOMPSON of California: H.R. 6644: Mr. MCGOVERN, Ms. NORTON, Ms. H.R. 8283: Mr. TRONE. H.R. 8467. SCANLON, and Mr. RUPPERSBERGER. H.R. 8287: Mr. STEWART.

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H.R. 8294: Mrs. DEMINGS, Ms. SCHAKOWSKY, H. Res. 958: Mr. GONZALEZ of Texas, Mr. H. Res. 1144: Ms. JOHNSON of Texas, Ms. and Ms. LEE of California. TED LIEU of California, Mr. COSTA, Mr. CON- ROYBAL-ALLARD, Mr. GRIJALVA, and Mr. SAN H.R. 8313: Mr. CA´ RDENAS and Mr. CART- NOLLY, Mr. KINZINGER, Mr. BURCHETT, Mr. NICOLAS. WRIGHT. MEEKS, Mr. HASTINGS, Mr. COHEN, Mr. WIL- H. Res. 1145: Mr. DEUTCH, Mr. CASTRO of H.R. 8345: Mr. BRADY, Ms. KENDRA S. HORN SON of South Carolina, Mr. KHANNA, and Mr. Texas, Mr. SIRES, Ms. SPEIER, Mr. CICILLINE, of Oklahoma, Mr. HORSFORD, Mr. KIND, Mr. TRONE. Mr. LYNCH, Mr. SHERMAN, Mr. ESPAILLAT, LUCAS, Mr. MAST, Mr. SUOZZI, and Mrs. WAT- H. Res. 992: Mr. CARSON of Indiana. and Mr. PHILLIPS. SON COLEMAN. H. Res. 996: Mr. GONZALEZ of Texas, Mr. H. Res. 1150: Mr. MCGOVERN, Mr. SIRES, Mr. H.R. 8353: Mr. KELLER and Mr. JOHN W. TED LIEU of California, Mr. CONNOLLY, Mr. FITZPATRICK, Mr. MALINOWSKI, Mr. ROSE of Tennessee. MEEKS, Mr. HASTINGS, Mr. COHEN, Ms. CHE- ESPAILLAT, Mr. SMITH of New Jersey, and Mr. H.R. 8367: Mr. CRENSHAW. NEY, Mr. WILSON of South Carolina, Mr. BERA. H.R. 8368: Mr. GONZALEZ of Ohio. WRIGHT, and Mr. TRONE. H. Res. 1156: Mr. YOHO, Mr. HASTINGS, Mr. H.R. 8379: Mr. FITZPATRICK. H. Res. 1012: Mr. KELLY of Pennsylvania, STEUBE, and Mr. GREEN of Tennessee. H.R. 8405: Mr. SHERMAN. Mr. PANETTA, Mr. GALLEGO, Mr. ROUDA, Mr. H. Res. 1159: Mr. HASTINGS. H.R. 8410: Mr. STEIL. H.R. 8417: Mr. GRAVES of Louisiana. RUPPERSBERGER, Mr. SIRES, Mr. CUELLAR, H.R. 8424: Mr. SOTO, Ms. OMAR, and Ms. LEE Mr. WILSON of South Carolina, Mr. DEUTCH, f of California. and Mr. GALLAGHER. H.R. 8428: Mr. CASTRO of Texas, Mr. YOHO, H. Res. 1050: Mr. SHERMAN. PETITIONS, ETC. Mr. SHERMAN, Mr. RODNEY DAVIS of Illinois, H. Res. 1077: Mr. FERGUSON, Mr. LANGEVIN, Mr. SIRES, Mr. WILSON of South Carolina, Mr. FITZPATRICK, Mr. MAST, Mr. SENSEN- Under clause 3 of rule XII, petitions Mr. LOWENTHAL, Mr. FITZPATRICK, Mr. BRENNER, Mr. SHIMKUS, Mr. FORTENBERRY, and papers were laid on the clerk’s DEUTCH, Mr. CONNOLLY, Mr. SUOZZI, Mr. Mr. BOST, Mr. JOYCE of Ohio, Mr. SIRES, Mr. desk and referred as follows: RASKIN, Mr. CICILLINE, and Mr. BERA. ROONEY of Florida, Mr. GONZALEZ of Ohio, 137. The SPEAKER presented a petition of H.R. 8433: Ms. BARRAGA´ N, Mr. FITZPATRICK, and Mr. PHILLIPS. the Interstate Oil and Gas Compact Commis- and Mr. VARGAS. H. Res. 1082: Mr. LEVIN of California. sion, relative to Resolution 20.072, urging the H.R. 8438: Mr. FITZPATRICK, Mr. DEUTCH, H. Res. 1109: Ms. KENDRA S. HORN of Okla- President of the United States and the Con- and Mr. CICILLINE. homa. gress to investigate the excessive dumping of H.J. Res. 53: Mr. BUCK. H. Res. 1110: Mr. WOMACK, Mr. GOODEN, crude oil by Saudi Arabia and Russia and H.J. Res. 94: Mr. CLEAVER, Mr. MORELLE, Mrs. DAVIS of California, Mrs. MCBATH, Mr. take appropriate action; to the Committee Ms. PINGREE, Ms. NORTON, Mr. GOLDEN, and CUELLAR, Mr. NORCROSS, Mr. WITTMAN, Mr. on Foreign Affairs. Ms. JAYAPAL. CARBAJAL, Mr. RASKIN, Mr. BERA, Mr. TIF- 138. Also, a petition of the Interstate Oil H.J. Res. 95: Mr. BROOKS of Alabama. FANY, Mr. BABIN, Mr. BUCSHON, Mr. BROWN of and Gas Compact Commission, relative to H. Con. Res. 28: Mr. SUOZZI, Ms. BONAMICI, Maryland, Mr. JOHNSON of Ohio, Mr. CASE, Resolution 20.071, urging the United Con- Ms. NORTON, Mr. CARSON of Indiana, Mr. MI- Mrs. LESKO, Mr. JACOBS, Mrs. DEMINGS, Mr. gress to Adopt Legislation to Stimulate the CHAEL F. DOYLE of Pennsylvania, and Mrs. LOUDERMILK, Ms. MENG, Mr. MCEACHIN, Mr. National Economy and Promote Energy CAROLYN B. MALONEY of New York. LATTA, Mr. NEWHOUSE, Mr. BROOKS of Ala- Independence by Plugging Orphan Wells; H. Con. Res. 100: Ms. DELBENE, Mr. HECK, bama, Mr. MOONEY of West Virginia, Mr. jointly to the Committees on Energy and Mrs. TORRES of California, and Mr. CORREA. TURNER, Mr. WENSTRUP, Mr. GARCI´A of Cali- Commerce, Agriculture, Transportation and H. Con. Res. 115: Ms. SPANBERGER and Mr. fornia, Mr. JOHN W. ROSE of Tennessee, Mr. Infrastructure, and Natural Resources. COSTA. TAKANO, Mr. HIGGINS of New York, Mr. H. Res. 17: Mr. SIRES and Mr. DEUTCH. 139. Also, a petition of the Interstate Oil SCHRADER, and Mr. GAETZ. H. Res. 114: Mr. HIGGINS of Louisiana, Mr. and Gas Compact Commission, relative to IRES UEST GONZALEZ of Texas, and Mr. Castro of Texas. H. Res. 1115: Mr. S and Mr. G . Resolution 20.073, urging the United States H. Res. 452: Mr. SMITH of New Jersey and H. Res. 1121: Mr. SIRES, Ms. BONAMICI, Mrs. Congress to Adopt Legislation To Stimulate Mr. LOWENTHAL. BROOKS of Indiana, and Mr. PHILLIPS. the National Economy and Promote Energy H. Res. 697: Mr. SIRES, Mr. GALLAGHER, Mr. H. Res. 1125: Mrs. LURIA and Ms. JUDY CHU Independence By Investing in Carbon Cap- GUEST, and Mr. PHILLIPS. of California. ture, Use, and Storage; jointly to the Com- H. Res. 823: Mr. SIRES and Mr. SHERMAN. H. Res. 1138: Mr. YOHO, Mr. KELLER, Mr. mittees on Energy and Commerce, Agri- H. Res. 825: Mr. ALLRED, Mr. SIRES, and Mr. GOSAR, Mr. HARRIS, Mr. RUTHERFORD, Mr. culture, Natural Resources, and Transpor- PHILLIPS. TAYLOR, and Mr. BURGESS. tation and Infrastructure.

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Vol. 166 WASHINGTON, WEDNESDAY, SEPTEMBER 30, 2020 No. 169—Part II Senate (Legislative day of Tuesday, September 29, 2020)

The Senate met at 12 noon, on the ex- drug prices for anybody.’’ This is false, RECOGNITION OF THE MAJORITY piration of the recess, and was called to and I hope that the news media will LEADER order by the President pro tempore call out Mr. Biden for the lie. The PRESIDING OFFICER. The Ma- (Mr. GRASSLEY). Among several other actions, Presi- jority Leader is recognized. dent Trump launched an initiative to f lower the out-of-pocket costs of insulin f PRAYER for seniors through the Part D Med- NOMINATION OF AMY CONEY BARRETT The Chaplain, Dr. Barry C. Black, of- icaid-Medicare Program. Also, Presi- fered the following prayer: dent Trump recently signed an Execu- Mr. MCCONNELL. Mr. President, this Let us pray. tive order that will launch several pro- week, the Senators who are sitting Almighty God, we praise You with grams to lower drug costs and help sen- down with Judge Amy Coney Barrett our whole hearts. We refuse to forget iors afford their medicines. are meeting an incredibly impressive More disingenuous than this claim how You have led our Nation in the jurist and highly qualified nominee. from Mr. Biden is that it was actually past and trust You to guard our future. They are hearing from the professor the Vice President’s former Demo- Lord, encourage our lawmakers to be whom former colleagues call ‘‘mind- cratic colleagues here in the Senate a part of Your solutions and not a part blowingly intelligent,’’ ‘‘one of the who walked away from the negotiating most humble people you’re going to of the problems that confront our land. table and killed any hope of passing Give them the courage to carry on meet,’’ and ‘‘the complete package.’’ legislation to lower prescription drug They are meeting a law school valedic- knowing that nothing is too difficult costs before the election. This was an for Your sovereign might. torian and award-winning academic effort by Minority Leader SCHUMER and May the light of Your truth illu- whom peers praise for her ‘‘lucid, ele- his Democratic colleagues to hurt gant prose,’’ ‘‘piercing’’ legal analysis, minate their way as they find in You a President Trump and Senate Repub- sure guide. Help them to commit their and ‘‘absolute dedication to the rule of licans. Mr. Biden seems content to cap- law.’’ lives to those that will cause justice to italize on his own party’s obstructions. roll down like waters and righteous- Senators are meeting the distin- Now, I have come to expect election- guished circuit judge whom the liberal ness like a mighty stream. year partisan politics such as I have We pray in Your sacred Name. Amen. law professor Noah Feldman says is ‘‘a just described it, but during a pan- brilliant and conscientious lawyer’’ f demic that has left hundreds of thou- who is ‘‘highly qualified to serve on the sands dead and millions unemployed, it PLEDGE OF ALLEGIANCE Supreme Court.’’ is particularly egregious that Demo- Some of our Democratic colleagues The President pro tempore led the crats have decided it is more important have decided they will refuse to meet Pledge of Allegiance, as follows: to hurt Republicans than help Ameri- with Judge Barrett. Several have vol- I pledge allegiance to the Flag of the cans. I am sorry to say this is the truth unteered their votes will have nothing United States of America, and to the Repub- of the matter. to do with her qualifications, as though It will be up to Democrats to make it lic for which it stands, one nation under God, that were something to be proud of. indivisible, with liberty and justice for all. right. I am not holding my breath, but The Democratic leader says: ‘‘It’s not I do hope voters hold accountable a The PRESIDING OFFICER (Mr. her qualifications.’’ The junior Senator party that failed in its basic duty to LANKFORD). The Senator from Iowa. from Delaware says: ‘‘This isn’t about Mr. GRASSLEY. Mr. President, I ask put people ahead of politics. I yield the floor. her qualifications.’’ to speak for 1 minute as in morning Certainly, every Senator may define business. I suggest the absence of a quorum. The PRESIDING OFFICER. The ‘‘advice and consent’’ how they wish, The PRESIDING OFFICER. Without clerk will call the roll. but I think it is telling to see Senate objection, it is so ordered. The senior assistant legislative clerk Democrats openly affirming that Judge f proceeded to call the roll. Barrett’s actual judicial qualifications Mr. MCCONNELL. Mr. President, I do not matter to them. Our friends on PRESCRIPTION DRUG COSTS ask unanimous consent that the order the left really do mistake the Court as Mr. GRASSLEY. Mr. President, last for the quorum call be rescinded. an unelected superlegislature. They are night, former Vice President Biden said The PRESIDING OFFICER. Without not interested in Judge Barrett’s legal that President Trump ‘‘hasn’t lowered objection, it is so ordered. qualifications because they think

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

S5899

VerDate Sep 11 2014 05:16 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A30SE6.000 S30SEPT1 SSpencer on DSK126QN23PROD with SENATE S5900 CONGRESSIONAL RECORD — SENATE September 30, 2020 judges are there to dictate policy out- answer is. That is exactly what they face by introducing yet another multi- comes rather than following the facts are up to. That is exactly what they in- trillion-dollar far-left wish list with and text wherever they lead. tend to do. virtually all the same non-COVID-re- That is why we have had the same Last year, our colleague Senator lated poison pills as their last scare tactics for almost half a century. HARRIS said explicitly that she was unserious bill. John Paul Stevens was going to end open to it. That is another way of say- Speaker PELOSI’s latest offering still women’s rights. David Souter was ing that is what they intend to do. Nu- does not include a single cent of new going to send vulnerable people into merous of our colleagues have refused money toward the Paycheck Protec- the Dark Ages. John Roberts was going to rule out this radical institution- tion Program to help small businesses to declare war on health insurance. shattering step. that are going under. It does nothing to And now our Democratic colleagues Now Senate Democrats are trying to help schools, universities, doctors, want Americans to believe Judge Bar- make Judge Barrett precommit to han- nurses, or employers avoid frivolous rett is on a one-woman crusade to hurt dle hypothetical issues the way they lawsuits. But the House did find room Americans with preexisting conditions. want—more disrespect for judicial to provide special treatment to the One Senator has literally claimed the independence. marijuana industry. Their bill men- nominee would—listen to this—‘‘create Judge Barrett understands a judge’s tions the word ‘‘cannabis’’ more times a humanitarian catastrophe.’’ only loyalty must be to our laws and than the words ‘‘job’’ or ‘‘jobs.’’ They are the same old scare tactics, our Constitution. She understands our They still want to send taxpayer- totally predictable and totally dis- system would collapse if judges do not funded stimulus checks to people in honest. leave politics aside. If the Democratic our country illegally. They still want These baseless attacks over Party feels differently, if Democrats to hand a massively expensive tax cut healthcare are supposedly founded on a have decided that judicial independ- to millionaires and billionaires in technical argument in a 4-year-old ence is simply an inconvenience to places like New York City and San scholarly article. Then-Professor Bar- their radical agenda, it shows how lit- Francisco, a pet priority of the Speak- rett analyzed the Supreme Court’s rul- tle weight we should afford their criti- er and the Democratic leader that ing on one piece of ObamaCare—the un- cisms of this outstanding nominee. would do nothing to help working families through this pandemic. fair, unpopular individual mandate f penalty, which we have since zeroed All of these far-left poison pills are out. The constitutional arguments over CORONAVIRUS still in their recycled bill. They have whether that terrible idea was a ‘‘pen- Mr. MCCONNELL. If Senate Demo- no intention of making bipartisan law alty’’ or a ‘‘tax’’ are now moot because, crats were half as concerned as they for American families, but there are a whatever you want to call it, Repub- say about America’s family healthcare, few changes from the last bill. So get this. Now that supporting law licans in Congress zeroed it out 3 years they would not have filibustered a enforcement has become less than fash- ago. Working Americans are no longer multihundred-billion-dollar proposal ionable on the far left, the Democrats penalized by that Democrat policy. for more coronavirus relief just a few have actually taken out hundreds of Americans with preexisting conditions weeks ago. millions of dollars for hiring and as- are still protected and that specific A Senate minority that was focused sisting police officers. Let me say that legal question is moot. on America’s health would have let us again. In this latest version, there were Our Democratic colleagues are grasp- fund more tests, treatments, and vac- at least some changes. Now that sup- ing at straws. Now they want Judge cine development, like Republicans porting law enforcement has become Barrett to promise to recuse herself tried to do just a few weeks ago. A Sen- less than fashionable on the far left, from whole categories of cases. Of ate minority that was prioritizing the Democrats have actually taken out course, that is ridiculous. It is hard to wellness would have let us spend more hundreds of millions of dollars for hir- think of anyone in the country over than $100 billion to make schools safe ing and assisting police officers. Their whom a President has less leverage for students, like Republicans tried to so-called sequel to the Heroes Act has do just a few weeks ago. A Senate mi- than a judge with a lifetime appoint- decided that cops are not heroes after nority that sought to protect citizens ment. Nobody suggested Justice all. Apparently, cops are not heroes with preexisting conditions would have Sotomayor or Justice Kagan needed to after all. The House Democrats let us reaffirm legal protections for categorically sit on the sidelines until couldn’t miss a chance to defund the those Americans, like Republicans had President Obama left office. This is police. just a backdoor attempt to impugn in our bill just a few weeks ago. A Sen- This latest bill from the Speaker is Judge Barrett’s integrity. ate minority that was serious about no more serious than any of their other If Senators believe this nominee is economic recovery would have let us political stunts going back months. If committed to impartial justice in fund a second round of the Paycheck they continue to refuse to get serious, every case, if they believe she will Protection Program and continued the then American families will continue mean her oath when she takes it, they expanded unemployment checks, like to hurt. Less than a month ago, every should vote to confirm her. If they Republicans tried to do just a few single Senator voted on providing hun- don’t, they should vote no. weeks ago. dreds of billions of dollars for kids, But only one of these arguments has The Senate voted on all of this 3 jobs, healthcare, and reaffirming pro- any basis in Judge Barrett’s resume, weeks ago. Three weeks ago, every sin- tections for preexisting conditions. her reputation, and the praise that has gle Senator cast a vote on preexisting There were 52 Republicans who voted been showered on her jurisprudence conditions, money for testing, money to advance all of these things, but even by famous liberal lawyers. for vaccines, money for safe schools, every single Democrat who showed up Judge Barrett has already stated in money for small businesses, and money voted to block them. writing to the Senate that she has for unemployed workers—just 3 weeks The American people are still hurt- given nobody in the White House any ago. Fifty-two Republicans voted to ing. The layoffs are still mounting. hints or any assurances about any kind pass all of these policies and every sin- Families still need more help, and the of cases, real or hypothetical. It is only gle Democrat who showed up voted to healthcare fight needs more resources. Senate Democrats who are trying to filibuster it dead. One side voted to supply all of that extract promises and precommitments. The Democratic leader and the help. The other side decided to block it. It is only Democrats who are trying to Speaker of the House were determined I suggest the absence of a quorum. undermine judicial independence. that American families should not see The PRESIDING OFFICER. The Last night on national television, another dime before the election. This clerk will call the roll. former Vice President Biden refused to week, Speaker PELOSI is finally caving The senior assistant legislative clerk rule out the radical notion of packing to months of pressure from fellow proceeded to call the roll. the Supreme Court. He ducked the Democrats who argue that her Mr. SCHUMER. Mr. President, I ask question. In Washington, when you stonewalling is hurting our country. unanimous consent that the order for duck the question, you know what the House Democrats are trying to save the quorum call be rescinded.

VerDate Sep 11 2014 05:16 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G30SE6.002 S30SEPT1 SSpencer on DSK126QN23PROD with SENATE September 30, 2020 CONGRESSIONAL RECORD — SENATE S5901 The PRESIDING OFFICER. Without joicing at the tacit endorsement of I will tell you what: This is not a objection, it is so ordered. their violent tactics by the President joke to the American people. This is f himself. They made logos out of the not a joke to the 20 million Americans President’s remarks: ‘‘Stand back and who could lose their health insurance if RECOGNITION OF THE MINORITY stand by.’’ the ACA is struck down—not a joke to LEADER I just want to ask my Republican col- the parents of a child who has cancer The PRESIDING OFFICER. The leagues: How are you not embarrassed and who would have to watch help- Democratic leader is recognized. that President Trump represents your lessly as their child suffers if the pro- f party? How can you possibly—pos- tections for preexisting conditions are sibly—support anyone who behaves PRESIDENTIAL DEBATE struck down; not a joke to the millions this way? Are you watching the same of Americans on Medicare, whose drug Mr. SCHUMER. Mr. President, last person we are? Are you listening? Are prices would soar; not a joke to women night, President Trump delivered one you not embarrassed that millions of across the country who could, once of the most disgraceful performances Americans watched President Trump again, be charged more for health in- at a Presidential debate that anyone and thought: ‘‘That is what the Repub- surance than men, denied maternity has ever seen, and I do not mean that lican Party stands for now’’? care, and free access to birth control. from a political perspective; I mean it He can’t express sympathy for the The only joke here is the Republican from a human perspective. families of 200,000 Americans who have leader’s desperate attempt to pretend One can become inured to the Presi- died from COVID; can’t go 30 seconds that his President, his party, and their dent’s tendency to melt down when without interrupting someone when he Supreme Court nominee pose no threat confronted with his facts, his brazen is not speaking; can’t refrain from at- to our Nation’s healthcare law—the lack of self-awareness, his stunning tacking someone’s family and pre- same Senate leader who did everything lack of regard for others, but it was tending not to know a person’s de- he could on the floor of this Senate to maddening to watch the President last ceased son; can’t honor the military, repeal the ACA. night—angry and small—unable to defend democracy, respect elections, or President Trump said he will pick show a scintilla of respect, unable to tell the truth; can’t even make it Supreme Court nominees who will through a debate without emboldening follow even the most basic rules of ‘‘terminate the Affordable Care Act.’’ White supremacists. human civility or decorum, unwilling His administration is in court right to constrain a stream of obvious false- How are you, my Senate colleagues, not deeply, utterly, personally embar- now, suing to eliminate it. Senate Re- hoods and rightwing bile. publicans tried to repeal the law and Shakespeare summed up in ‘‘Mac- rassed that Donald Trump is a Repub- lican? How are we not all embarrassed replace it with nothing. The Repub- beth’’ Trump’s performance last licans’ lawsuit against the Affordable night—‘‘a tale told by an idiot, full of that someone who behaved the way President Trump did last night is our Care Act will be heard by the Supreme sound and fury, signifying nothing.’’ Court during the week after the elec- Yes, President Trump’s debate per- President? I know I am. How about you? tion. There is a reason the Republicans formance was, in the words of ‘‘Mac- are scrambling to fill this seat so beth,’’ a tale told by an idiot, full of Again, this President is just amazing, and his speech last night—‘‘a tale told quickly, and Judge Barrett, when the sound and fury, signifying nothing. ACA was challenged in major litiga- In an hour and a half that felt like a by an idiot, full of sound and fury, signifying nothing.’’ tion, twice before—twice—sided lifetime, the President managed to in- against the law. f sult Vice President Biden’s deceased So, if the Republican leader believes son and smear his living one, please a SUPREME COURT NOMINATIONS that the Democrats are raising un- fringe White supremacist group, and Mr. SCHUMER. Mr. President, on founded fears about healthcare, will he cap the night off by, yet again, casting SCOTUS, it is for this President that urge the plaintiffs to drop their lawsuit doubt on our own elections—tarnishing Senate Republicans are now rushing against the ACA? Will Leader MCCON- our own democracy. Those were just through a Supreme Court nominee NELL urge the Justice Department not his worst moments. The rest of the de- nearly days before a national election. to spend taxpayer dollars in trying to bate saw the President heap lies upon A Republican majority that once ar- eliminate the taxpayers’ healthcare? lies—lies big and small and every size gued the American people should be Normally these questions would be in between. This President and truth given a voice in the selection of their rhetorical, but yesterday I filed a pro- don’t intersect at all. next Supreme Court Justice is plan- cedural motion that will set up a vote Still, one moment stands out. When ning to confirm a nominee in the mid- on a bill that would protect the asked to condemn White supremacist dle of an election that is already under- healthcare of hundreds of millions of groups like the Proud Boys—classified way. You could not design a scenario Americans and prevent efforts by the as a hate group by the Southern Pov- that would more fully expose the Re- Department of Justice—Donald erty Law Center and called ‘‘hard-core publicans’ double standard than this Trump’s Department of Justice—to ad- white supremacists’’ by the Anti-Defa- one. Of greater concern to the Amer- vocate that courts strike down the Af- mation League—President Trump de- ican people is how the rush by Senate fordable Care Act. Leader MCCONNELL murred and then said: ‘‘Proud Boys, Republicans to confirm this nominee and all of my Republican colleagues stand back and stand by.’’ will put their healthcare at risk. will have to vote on that shortly. Let ‘‘Stand back and stand by.’’ Now, yesterday, the Republican lead- me repeat. Leader MCCONNELL and all President Obama once wondered rhe- er actually mocked the idea that a far- of my Republican colleagues will have torically: ‘‘How hard is it to say Nazis right Supreme Court majority might to vote very soon on whether the Sen- are bad?’’ strike down the ACA and that Judge ate should consider a bill to protect Apparently, for President Trump, it Barrett’s judicial philosophy might Americans with preexisting conditions. is beyond his capacity. In a national play a part in that. ‘‘What a joke,’’ With that vote, we will see just how debate, he not only refused to condemn Senator MCCONNELL said, that Justice much of a joke it is that Senate Repub- a far-right group of violent White su- Barrett might pose any risk to Ameri- licans and their Supreme Court nomi- premacists, but he told them to stand cans’ healthcare. nees want to eliminate Americans’ by. I guess Judge Barrett must have been healthcare. As much of the country was in de- joking when she publicly criticized I yield the floor. spair last night at the President’s juve- Justice Roberts for upholding the Af- nile behavior, one group was cele- fordable Care Act. It must have been f brating—the Proud Boys. They are who with a sarcastic flick of the pen when were celebrating President Trump’s de- she wrote that the Supreme Court RESERVATION OF LEADER TIME bate performance—White supremacists. would ‘‘have had to invalidate’’ the law The PRESIDING OFFICER. Under Within minutes of the President’s com- if it had read the statute the way she the previous order, the leadership time ments, the Proud Boys were online, re- does. is reserved.

VerDate Sep 11 2014 06:33 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G30SE6.004 S30SEPT1 SSpencer on DSK126QN23PROD with SENATE S5902 CONGRESSIONAL RECORD — SENATE September 30, 2020 LEGISLATIVE SESSION ciary Committee expressing their sup- what wary of attacking her religion, as port for her confirmation. This in- they did during her confirmation hear- cluded Justice Ginsburg’s clerks and ing to the Seventh Circuit, when mul- CONTINUING APPROPRIATIONS other clerks from the liberal wing of tiple Democrats suggested that Judge ACT, 2021 AND OTHER EXTEN- the Court. Barrett was unqualified because she SIONS ACT—Continued Here is what they had to say: happened to be a practicing Catholic. I The PRESIDING OFFICER. Under We are Democrats, Republicans, and inde- think Democrats may be realizing that the previous order, the Senate will re- pendents, and we have diverse points of view their bias against religious people on politics, judicial philosophy, and much sume consideration of H.R. 8337, which doesn’t play well with the millions of else. Yet we all write to support the nomina- Americans who take their faith seri- the clerk will report. tion of Professor Barrett to be a Circuit The senior assistant legislative clerk ously. Judge on the United States Court of Appeals They may also be remembering that read as follows: for the Seventh Circuit. Professor Barrett is a woman of remarkable intellect and char- the Constitution explicitly forbids— A bill (H.R. 8337) making continuing appro- forbids—religious tests for public of- priations for fiscal year 2021, and for other acter. She is eminently qualified for the job. purposes. Judge Barrett’s colleagues from fice, although I will note that that didn’t stop one of the Democratic Pres- Pending: Notre Dame sent a similar letter. They said: idential candidate’s advisers from say- McConnell Amendment No. 2663, to change ing just this week that she doesn’t Amy Coney Barrett will be an exceptional the enactment date. think that orthodox Catholics, Mus- McConnell Amendment No. 2664, of a per- federal judge. . . . As a scholarly commu- fecting nature. nity, we have a wide range of political views, lims, or Jews should sit on the Su- preme Court. That is right—in this The PRESIDING OFFICER. The Sen- as well as commitments to different approaches to judicial methodology and judi- Biden adviser’s world, taking your reli- ator from South Dakota. cial craft. We are united, however, in our gious faith seriously should disqualify NOMINATION OF AMY CONEY BARRETT judgment about Amy. She is a brilliant you from sitting on the Supreme Mr. THUNE. Mr. President, on Satur- teacher and scholar, and a warm and gen- Court. day the President announced his nomi- erous colleague. She possess in abundance all Apparently Democrats still don’t nee to fill the Supreme Court seat left of the other qualities that shape extraor- think that people of faith are capable vacant by Justice Ginsburg. As the Na- dinary jurists: discipline, intellect, wisdom, of upholding the Constitution or dis- impeccable temperament, and above all, fun- tion mourns the death of this trail- damental decency and humanity. charging the duties of their office. But, blazing Justice, it is fitting that the again, it seems the Democrats realize That letter was signed by every full- President chose an outstanding woman that offending millions of religious time member of the Notre Dame Law to replace her. Americans may not be their best strat- School faculty—every full-time mem- I had the pleasure of sitting down egy, so they have turned to healthcare ber. scare tactics. with Judge Amy Coney Barrett yester- Four hundred seventy Notre Dame Judge Barrett, Democrats say, will day, and I can say with confidence that Law graduates, former students of she is everything you would want in a take away Americans’ healthcare if she Judge Barrett, sent a letter as well. is confirmed to the Supreme Court. It Supreme Court Justice. Here is what they said: She is supremely qualified. Like Jus- is actually a very old Democratic Our backgrounds and life experiences are tice Ginsburg, Judge Barrett was first line—something that they always use varied and diverse. Our legal practices are as in their playbook. in her class in law school—in this case, varied as the profession itself. . . . Our reli- at Notre Dame. She was a clerk for DC gious, cultural, and political views span a It was deployed, if you can believe Circuit Judge Laurence H. Silberman wide spectrum. Despite the many and gen- this, against Justice Kennedy when he and then for Supreme Court Justice uine differences among us, we are united in was a Supreme Court nominee back in Antonin Scalia. our conviction that Professor Barrett would 1986. She worked at a prestigious law firm make an exceptional federal judge. It was deployed against Justice Souter, a Republican nominee, who be- and served as a visiting professor at They went on: came known for siding with the liberal the George Washington University Law We are convinced that Professor Barrett wing of the Court. There were lots of School before accepting a position at would bring to the federal bench the same in- posters at the time that said things the University of Notre Dame Law telligence, fairness, decency, generosity, and hard work she has demonstrated at Notre like ‘‘Stop Souter or women will die.’’ School, where she went on to teach for Dame Law School. She will treat each liti- ‘‘He will jeopardize the health and lives 15 years. gant with respect and care, conscious of the of Americans,’’ it was said by the left During her time at Notre Dame, reality that judicial decisions greatly affect at the time. Judge Barrett built a distinguished the lives of those before the court. And she It was deployed against Justice Rob- record. She was published repeatedly in will apply the law faithfully and impartially. erts—the very same man who cast the prominent law journals and was chosen I could go on for a while here. There deciding vote upholding the Affordable by Chief Justice John Roberts to serve are a lot of tributes to Amy Coney Bar- Care Act—when he was Chief Justice on the Advisory Committee for the rett out there, like the one in support on the Supreme Court. They said at the Federal Rules of Appellate Procedure. of her circuit court nomination that time that there would literally be mil- She was elected Distinguished Pro- was joined by former Obama Solicitor lions of American consumers and fami- fessor of the Year by the law school’s General Neal Katyal, which praised her lies at risk of losing their coverage. graduating class three times. ‘‘first-rate’’ qualifications and stated That statement was made by a Member She also served as a visiting asso- that she was ‘‘exceptionally well quali- of the current leadership here in the ciate professor at another prominent fied’’ or the recent tribute from Har- U.S. Senate about Chief Justice Rob- law school, the University of Virginia vard law professor Noah Feldman, one erts. School of Law. of the House Democrats’ star impeach- Now it is being deployed against In 2017, she moved to the U.S. Court ment witnesses, who stated: ‘‘Barrett Judge Barrett in an attempt to derail of Appeals for the Seventh Circuit, is highly qualified to serve on the Su- her nomination, while promulgating winning Senate confirmation in a bi- preme Court.’’ But I will stop here be- one of the liberals’ favorite myths— partisan vote. During her confirmation cause I think it is abundantly obvious that Republicans are eagerly waiting to the Seventh Circuit, support for to everyone—my colleagues across the to rip away Americans’ healthcare. Judge Barrett poured forth from her aisle included—that Judge Barrett is Democrats are particularly focused students, colleagues, and peers from supremely qualified to be a Supreme on suggesting that Republicans would both side of the aisle. Court Justice, which is why Democrats like to take away protections for pre- Every one of the Supreme Court have resorted to scare tactics to try to existing conditions, despite the fact, I clerks who had served with Judge Bar- sink her nomination. might add, that every single Senate rett during her clerkship with Justice Democrats realize that it is pretty Republican supports protecting people Scalia wrote a letter to the then-chair- hard to oppose Judge Barrett on the with preexisting conditions—every sin- man and ranking member of the Judi- merits, and they seem at least some- gle Senate Republican. In fact, just a

VerDate Sep 11 2014 05:16 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G30SE6.006 S30SEPT1 SSpencer on DSK126QN23PROD with SENATE September 30, 2020 CONGRESSIONAL RECORD — SENATE S5903 few weeks ago, Republicans included This is dangerous territory and leads It may be rude. It may be crude to even language affirming protections for to an erosion of public faith in the judi- ignore this man who is eminently those with preexisting conditions in ciary. Where would such a path lead qualified to be the nominee of Presi- our COVID relief bill—a bill that us? Thirteen Justices? Maybe 21 Jus- dent Barack Obama, but that is the Democrats filibustered. tices? At what point does it stop? way it is going to be, because we are so It is both ridiculous and offensive to I thought we settled this under FDR, committed to the Constitution that we suggest that Judge Barrett, the mom way back in 1937–1938. It is telling that will not fill the vacancy on the Su- of seven children—more than one of Democrats are not trying to justify preme Court until after the election. whom has faced medical challenges—is their discussion of Court packing by And then came the epiphany—a va- out to eliminate Americans’ saying there is some practical reason cancy on the Supreme Court with a Re- healthcare. why it is needed. publican President, Donald Trump, oc- The truth is, we have no idea how In fact, the Supreme Court is hearing curring in the last year of his Presi- Judge Barrett would vote on any par- fewer cases than ever. Any Democratic dency in his first term—maybe his only ticular healthcare case, just as we have Court-packing plan would be nothing term—and the decision then by Sen- no idea how any Supreme Court Jus- more than a naked power grab, an ef- ator MCCONNELL in the name of the tice will vote on any particular fort by Democrats to subvert the will Constitution to completely reverse healthcare case. How could we? How of the people when they couldn’t get himself and to say: We will not fill the could we? Each case is unique, with the results they wanted at the ballot vacancy in the way we did 4 years ago. unique legal and constitutional issues. box that would have let their party We will fill it the way we want to fill What we can say with certainty about pick and confirm judges. it now, and the way we want to fill it Judge Barrett is that she will carefully Let’s try to remain focused on the now is immediately, on a quicker time- consider each case. She will consider political independence of the judiciary table than virtually any person who the facts of the case, the law, and the and leave politicking to this branch of has been appointed to the Supreme Constitution, and she will rule based government—the legislative branch. Court for a lifetime appointment, the on those things regardless of her per- I yield the floor. highest Court in the land. sonal feelings or beliefs. The PRESIDING OFFICER (Mr. ROM- There was a time, as a member of the As Judge Barrett noted in her speech NEY). The assistant Democratic leader Senate Judiciary Committee, that accepting the President’s nomination, is recognized. after hearing the nominee’s name you ‘‘A judge must apply the law as writ- Mr. DURBIN. Mr. President, the Sen- waited for the reports. Many of them ten. Judges are not policymakers, and ator from Iowa who just spoke is my would come to you, talking about the they must be resolute in setting aside friend. We have worked on things to- biography of the nominee, the back- any policy views that they might gether. We, occasionally, don’t see eye- ground of the nominee, the writings, hold.’’ That is the kind of Justice that to-eye on issues. I certainly don’t see the speeches, the articles, and, if they Judge Barrett would be, and that is the eye-to-eye with him on what he just were judges, their judicial opinions. We kind of Justice that all of us, Democrat said on the floor of the Senate. It would carefully study those and be pre- or Republican, should want—someone would be credible if, 4 years ago, ex- pared when it came time for a hearing. who will protect the principles of jus- actly the opposite result had not been Not in this situation, no way—Sen- tice and equality under the law by produced by the Republican majority. ator MCCONNELL wants this done and judging according to the law and the Remember, 4 years ago, Antonin done now. He clearly has doubts in his Constitution and nothing else; someone Scalia’s untimely death on a hunting own mind as to whether this President who will leave her personal beliefs at trip, and there was a vacancy on the can be reelected, and he is not going to the courtroom door; someone who will, Supreme Court, in February, if I re- waste his time. He is going to make as Judge Barrett said last week, member correctly? There was the ques- sure the Senate Judiciary Committee quoting the judicial oath, ‘‘administer tion as to whether the incumbent acts before the election on November 3. justice without respect to persons, do President, duly elected, of the United The hard and fast principle of 4 years equal right to the poor and rich, and States of America, Barack Obama, ago has disappeared with President faithfully and impartially discharge would be able to fill the Supreme Court Trump. my duties under the United States.’’ vacancy? I have watched Republican Senator One of the reasons I ran for the Sen- But, no, the Republicans insisted after Republican Senator, with only ate was to help put judges like Amy that was unacceptable—unacceptable two exceptions, march before the cam- Coney Barrett on the bench. I com- for this lame duck President with only era and look at their shoes and say: I mend the President for his outstanding a year left in his term to fill the va- changed my mind. We are going to fill choice, and I look forward to sup- cancy on the Supreme Court. No, they this vacancy now. Because of the Con- porting her nomination as the Senate had a more constitutional idea. Their stitution? No, because politically it moves forward. constitutional idea was to delay filling helps us. I yield the floor. the vacancy on the Supreme Court Why the hurry? Why before Novem- The PRESIDING OFFICER. The Sen- until the American people spoke in an ber 3? Why wouldn’t they at least wait ator from Iowa. election in November of the same year. until the end of November? Mr. GRASSLEY. Mr. President, I ask So when President Obama sent his No, the hurry is obvious, because on unanimous consent to speak for 1 nominee, Merrick Garland, eminently November 10, the U.S. Supreme Court minute as in morning business. qualified, to be considered by the Sen- will have oral arguments on whether or The PRESIDING OFFICER. Without ate, Senator MCCONNELL instructed his not the Affordable Care Act will be objection, it is so ordered. membership: We are not only going to eliminated. You see, Republican attor- SUPREME COURT NOMINATIONS refuse him a hearing; I am going to neys general, as well as this adminis- Mr. GRASSLEY. Mr. President, last refuse him even a meeting in my office. tration, have decided they want to do night former Vice President Biden re- I will not dignify—will not dignify—the away with it. They want it to go away. fused to rule out packing the Court if nomination of Merrick Garland to fill When they are asked very simple the President and the Senate proceed the Supreme Court vacancy, because— questions: How will people be affected? to fulfilling their constitutional duties Senator MCCONNELL told us in his gold- They shrug their shoulders. and filling the High Court vacancy. en rule—the American people have to Well, I will tell you how. Twenty mil- I understand there are differences of speak in the election about the next lion Americans will lose their health opinion on the direction of the Court, President, who will then fill the va- insurance if the Supreme Court abol- but threatening to expand the Court cancy. ishes the Affordable Care Act, and and pack it with favorable Justices That was the hard and fast rule that nearly every American will lose the just because the other side won fair every Republican Senator swore alle- protections it gives for people with pre- and square and simply followed the giance to on the floor of the Senate, be- existing conditions. The President Constitution does not meet the com- fore the microphones and cameras, and said—and he said again last night, in monsense test. said: That is the way it is going to be. what some characterized as a debate,

VerDate Sep 11 2014 05:16 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G30SE6.007 S30SEPT1 SSpencer on DSK126QN23PROD with SENATE S5904 CONGRESSIONAL RECORD — SENATE September 30, 2020 and what I characterize as a free-for- when either a Presidential candidate or From the rightwing social media all—the President said: Well, we have a an incoming President says it. site—which I am not going to name be- substitute plan. But this President is pretty obvious. cause I don’t want to give any pub- Really, Mr. President? Where would He wants to fill that Supreme Court licity to it, but I will put it in the that be? I haven’t seen it—not on the vacancy because he says: There may be Record—Proud Boys leader Joe Biggs floor of the Senate, not in the news- an election contest after November 3; I said he took Trump’s words as a direc- papers, not in the press releases. want 9 people on the Court. tive to ‘‘[F] . . . them up.’’ There is no substitute plan. That is What he didn’t say, which is obvious, For years now, in letters, briefings, why 3 years ago Senator McCain came is that he wants that ninth person to and hearings, I have repeatedly urged to the floor and said he would not join be his nominee. So that is what we face the Department of Justice and the Fed- the Republicans in killing the Afford- with this situation and what we have eral Bureau of Investigation and the able Care Act, because there was no ahead of us in the next week and a half. Department of Homeland Security to substitute. It would leave too many PRESIDENTIAL DEBATE take a strong stand against the ongo- Americans without the protection of Mr. President, I watched what was ing threat of violent White supremacy health insurance. supposedly called a debate last night. and other far rightwing extremists. Un- Well, that is going to be argued in It was painful. It was painful as this fortunately, instead of following up the Supreme Court on November 10, President showed so little respect when with a comprehensive, coordinated ef- and by tradition, a Supreme Court Jus- it came to the rules of the debate. fort—to no surprise—the Trump admin- tice cannot vote come next spring on Chris Wallace, the FOX Television istration has repeatedly chosen to the fate of this lawsuit if they didn’t newsman who moderated was beside downplay this deadly threat—a law- sit in on the oral argument. So there is himself. He didn’t know how to get the and-order President who looks the a mad dash—a mad dash—by the Sen- President to stop interrupting, to fol- other way, winks, nods, and says ate Judiciary Committee to bring up low the rules of the debate. This Presi- ‘‘stand by’’ to militia groups and White the nomination of Amy Coney Barrett dent doesn’t follow anybody’s rules but supremacists. from Notre Dame University Law his own. That was very obvious last Last year, several of us wrote to At- School. They want it done before No- night. torney General Barr and FBI Director vember 3 so she can sit in on the deci- There was one moment, though, that Wray to inquire about the Trump ad- sion—or at least on the oral argument I want to highlight. It was a moment ministration’s inexplicable, irrespon- when Chris Wallace basically said: Will and then the decision—in this case, sible decision to stop tracking White both of you, the Democrat, Biden, and California v. Texas. supremacist incidents as a separate the Republican, President Trump— That is what it is all about. It is all category of domestic terrorism. The both of you—condemn violence, White about 600,000 people in the State of Illi- Trump administration has yet to re- nationalism, and White supremacists? nois—600,000—who rely on the Afford- spond to our many letters asking what Well, Biden did. Biden said: There is no able Care Act to get their health insur- the Department of Justice and the FBI place for violence in the name of polit- ance. It is all about a law that elimi- are doing to combat the ongoing threat nated the number of uninsured in my ical protests—none. Unequivocal. Then came the turn of the President, of White supremacist violence tar- State by 50 percent. It is all about a who, if you remember, had difficulty geting religious minorities and com- protection that we all take for granted parsing out the good guys and bad guys munities of color. that says insurance companies cannot in Charlottesville—those who went Since then, our concern has obvi- discriminate against us because of pre- down to Charlottesville to march for ously grown. Instead of focusing on the existing conditions. That is what it is civil rights and those who went down significant threat of domestic ter- all about. to march, frankly, chanting what was rorism motivated by White supremacy Over 50 votes on the floor of the used during the time of the German and far-rightwing extremism, terror- House of Representatives by the Re- rise of Nazism, their anti-Semitic ists have killed more than 100 Ameri- publican majority to end this Afford- chant. They grabbed their torches and cans since 9/11. President Trump able Care Act couldn’t get the job done. marched. When asked later, President claims, as he did last night, that vio- A last minute scramble on the floor of Trump struggled with it and said that lence is a ‘‘left-wing problem, not a the U.S. Senate in 2017 couldn’t get the there were good folks on both sides, the right-wing problem.’’ job done. Senator MCCONNELL is going White nationalist side, as well as those Let me tell you, we should condemn to get it done. He is going to get it for civil rights. That was an outrage. violence on both wings and everything done by pushing through a nominee be- Last night, Chris Wallace served up an in between. I join Vice President Biden fore November 10 who can vote to opportunity for the President to clear in condemning all violence, including eliminate this Affordable Care Act. it up. the alleged murder of a Federal Protec- How do I know that this Supreme I came to the floor today to speak tive Service officer in Oakland, CA, by Court nominee is going to eliminate about the President’s response, to a rightwing ‘‘Boogaloo’’ extremist, and the Affordable Care Act? Because she speak also about the most significant the alleged murder of two Black Lives wrote it down. She wrote down her domestic terrorism threat facing our Matter protesters in Kenosha, WI, by opinion as to whether or not this was Nation today: the threat of violent an Illinois teenager who reportedly constitutional. She has already let us White supremacists. Like most Ameri- considered himself to be a member of a know, and she obviously let President cans, I was stunned by the President’s militia—17 years old. Trump know, and that is why he named refusal last night to condemn White su- Unfortunately, as we have learned her. premacists during the course of last from former Trump administration of- And there is one other reason. You night’s Presidential debate. ficials, the Trump administration has see, this President, for the first time in Moderator Chris Wallace gave Presi- downplayed the threat of violent White the history of the United States of dent Trump an uninterrupted oppor- supremacy and other far rightwing do- America, will not pledge if he will ac- tunity to condemn the Nation’s biggest mestic terrorists. cept the results of this election on No- domestic terrorist group, White su- POLITICO recently reported that a vember 3. It is the first time it has premacists. Instead, Trump said, and I draft homeland threat assessment re- ever, ever happened in our history, and quote: They should ‘‘stand back and port from DHS was edited and changed it is a constitutional outrage. stand by.’’ ‘‘Stand back and stand by.’’ by the Trump administration to weak- I commend the Presiding Officer, the Trump’s comments were quickly em- en language discussing the particular only Republican Senator on the floor braced by the Proud Boys, an alt-right threat posed by violent White suprema- who has spoken out against it, that I self-described, ‘‘western chauvinist’’ cists. The Trump boys don’t want to know of. Others should have joined group that clearly heard it as a call to talk about it. him. The Governor of Massachusetts, a action. The group immediately turned Shortly thereafter, a DHS whistle- Republican, joined him, saying it is the the President’s words in the debate blower alleged that DHS officials, in- wrong thing to say, the wrong thing to into a logo that has been widely cir- cluding Ken Cuccinelli, requested the do, and both parties should condemn it culated on social media. modification of the homeland threat

VerDate Sep 11 2014 05:16 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G30SE6.008 S30SEPT1 SSpencer on DSK126QN23PROD with SENATE September 30, 2020 CONGRESSIONAL RECORD — SENATE S5905 assessment report to make the threat The PRESIDING OFFICER. Without this year, the trustees of Medicare proof White supremacists ‘‘appear less se- objection, it is so ordered. jected that that program would be vere’’ and add information on violent HEALTHCARE bankrupt in 2026. Then, of course, we ‘‘leftwing groups.’’ Mr. GRASSLEY. Mr. President, it is have this unprecedented public health The efforts of officials within the typical during an election season to emergency to deal with, the pandemic, Trump administration to obscure this hear Democrats try to scare people as we always call it, which dealt a crip- threat posed by violent White suprema- into believing that Republicans want pling blow to our Nation. The sacrifices cists and other far-rightwing extrem- to destroy programs that Americans and efforts made to stop the spread of ists are misguided and dangerous. We rely on for their health and security. the coronavirus effectively shut down know the significance of this threat. We have recently heard this on Medi- the U.S. economy and altered life as we An unclassified May 2017 FBI-DHS care and Social Security. Now there is all know it. joint intelligence bulletin found that a new subject to add: health insurance. Congress stepped in to provide Fed- ‘‘White supremacist extremism poses a The programs are different, but the eral relief. The COVID response bills persistent threat of lethal violence’’ scenarios are the same. were passed on an overwhelming bipar- and that White supremacists were re- The Democrats concoct a story, at- tisan majority, specifically the CARES sponsible for more homicides from 2000 tribute it to the President and to Re- Act—better known as the Coronavirus to 2016 than any other domestic ex- publican Members of Congress, and Aid Relief and Economic Security tremist group. FBI Director Wray ad- then turn to their allies to amplify this Act—passed the House by a vote of 419 mitted, when questioned before a Sen- false narrative. What really stands out to 6, and the U.S. Senate, 96 to 0. ate Judiciary Committee at a hearing this election season is how those all- CARES gives extra Medicare funding last year, that the majority of domes- too-familiar scare tactics directly con- to hospitals and other healthcare pro- tic terrorism threats in America in- tradict the message coming from the viders to keep them in business in the volve White supremacists. Presidential nominee of the Demo- face of an unexpected drop in demand Thankfully, there is something in the cratic Party. for medical services. Additionally, be- Senate we can do to respond to this Vice President Biden says he is for cause of Medicare Part A, as financed threat. I have introduced the Domestic hope, not fear. His actions and those of by payroll taxes that are split between Terrorism Prevention Act, a bill that his party show just the opposite. So employers and employees, unemploy- would enhance the Federal Govern- let’s start with the Democrats’ efforts ment caused by the pandemic has re- ment’s efforts to prevent domestic ter- to pin Medicare’s financial struggles on sulted in less money coming into the rorism by requiring Federal law en- Republicans. The facts tell a much dif- trust fund. So it, then, is not surprising forcement agencies to regularly assess ferent story. that the Congressional Budget Office domestic terrorism threats, focus their Republicans have fought for decades, estimated earlier this month that the limited resources on the most signifi- often in the face of Democratic resist- Medicare trust fund could run out of cant domestic terrorism threat, and ance, to keep Medicare strong not only money in 2024, 2 years earlier than the provide training and resources to assist for current enrollees but for their chil- Medicare trustees had projected, with- State, local, and Tribal law enforce- dren and grandchildren. For instance, out taking into account the impact of ment. Good news: Last week, the House of in 1995, President Clinton vetoed Re- COVID because they didn’t know about Representatives passed the House com- publican efforts to keep Medicare on it and couldn’t take that into consider- panion to my bill on a unanimous voice sound financial footing. ation. Faced with the prospect that the It is important to note that during vote. The Democrats and Republicans Medicare hospital insurance trust fund the Trump Presidency and prior to the all agreed. Senator MCCONNELL has a was going broke in just a few years, pandemic, the projected insolvency chance take it up. Are we going to back then, Republicans still pressed on. stand together, as the House did, on a date of the Medicare health insurance bipartisan basis, condemning White su- It was the work of a Republican House trust fund remained pretty steady. No premacists who resort to violence and of Representatives and a Republican one could have anticipated this current terrorism or are we going to say to Senate that ultimately convinced crisis. Instead of taking it as a reminder of them: Stand back and stand by? President Clinton to sign the Balanced It is time for us to step up together Budget Act of 1997. That act of 1997 ex- the need to shore up Medicare for the on a bipartisan basis. Condemn violent tended the life of the health insurance long haul, Democrats have opted to conduct on both political spectrums— trust fund, but it was not a silver bul- create a false narrative that the cur- on the right, on the left, and every- let to solve the Medicare Program’s rent administration is the problem. thing in between. You can use our Con- long-term financial challenges. Every recent President, Republican stitution responsibly. You don’t have For many years, spanning both and Democratic, has offered Medicare to resort to violence. You don’t have to Democratic and Republican adminis- reform ideas in budget requests sub- resort to vandalism or looting, the use trations, the Medicare trustees have mitted to the Congress. Many of those of guns and threats, or the killing of cautioned that the program’s financial budgets contained identical policy innocent people. It is never ever ac- shortfalls require further legislative ideas, whether from a Republican ceptable, right or left. action. The trustees reported repeat- President or a Democratic President. The dominant group, when it comes edly—advised Congress to enact such Putting aside that Congress, and not to this activity, is White supremacists. legislation sooner rather than later to the President, makes laws, the notion Our opportunity now to keep track of minimize the impact on beneficiaries, that proposals aimed at making Medi- them and their activities is before us. healthcare providers, and taxpayers. care more efficient is equivalent to Republicans know how important sabotaging the program is absurd. Yet, All it takes is for Senator MCCONNELL to agree to take up this unanimously Medicare is to the over 60 million whenever a Republican occupies the passed bill from the House of Rep- Americans who rely on the program for White House, we repeatedly hear from resentatives and to say to President their healthcare, but we also realize Democrats that proposals for program Trump, once and for all, join us in con- that Medicare is on an unsustainable integrity represent cuts or efforts to demning all violence across the polit- course. I have already said that we weaken or destroy Medicare, even when ical spectrum. need to work in a bipartisan way to some of those same proposals were put I yield the floor. protect Medicare, particularly here in forward by Democratic administra- I suggest the absence of a quorum. the U.S. Senate, where it takes 60 votes tions. The PRESIDING OFFICER. The to get anything done. That work re- Because Medicare is on a path to clerk will call the roll. quires an honest assessment and a very bankruptcy, the greatest threat, then, The legislative clerk proceeded to serious discussion. is what often happens around here—in- call the roll. Sadly, it seems that Democrats are action. Over the past decade, Demo- Mr. GRASSLEY. Mr. President, I ask only willing to take their heads out of crats not only stood firmly in the way unanimous consent that the order for the sand long enough to point fingers. of meaningful Medicare reform, but the quorum call be rescinded. So let’s set the record straight. Earlier they actually made the problem worse.

VerDate Sep 11 2014 05:16 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G30SE6.010 S30SEPT1 SSpencer on DSK126QN23PROD with SENATE S5906 CONGRESSIONAL RECORD — SENATE September 30, 2020 Rather than confront the looming cri- ate Republicans worked with the House The President reaffirmed that very sis in 2009, President Obama, Vice and Obama administration to prevent thing in his commitment in an Execu- President Biden, and Washington disability security trust fund exhaus- tive order that he signed last week. Democrats raided more than $700 bil- tion and even to improve the program. That Executive order states that it has lion from the Medicare Program. They There was no privatization of any- been, and will continue to be, the pol- didn’t do it to save Medicare; they cut thing, and the only thing that could be icy of the United States to assure that money from a financially strapped construed as a benefit cut came di- Americans with preexisting conditions Medicare Program and then spent that rectly from President Obama. can obtain insurance of their choice at money on a brandnew entitlement pro- You will not hear anything about an affordable price. gram called ObamaCare. It was the that from these Senate Democrats. In- The Democrats don’t want to stop at Democrats who pushed ObamaCare stead, they just bring out their stale ObamaCare. What they really want to through Congress without a single Re- talking points and, of course, scare tac- do is impose their government-run publican vote. tics about Republicans trying to de- Medicare for All Program and take And what do Democrats want to do if stroy the program. Now they are apply- away people’s private insurance plans they find their way back into power? ing the same wornout, baseless scare that they like—because 160 million They want to enact something called tactics to this Supreme Court con- people have it. Medicare for All. Moving the 180 mil- firmation process. As I mentioned earlier, this one-size- lion Americans with private, employer- Democrats want to make the Presi- fits-all approach would take away peo- based insurance to the Medicare rolls dent’s nomination to fill the vacancy ple’s private insurance, result in worse would cause Federal spending to bal- all about ObamaCare and the case the care, and bankrupt the country. Court will consider this fall. loon to unthinkable levels. Republicans want to strengthen Going to the minority leader’s own An analysis conducted by the Medicare, preserve Social Security, words when it comes to Judge Barrett’s Mercatus Center in 2018 found that and ensure affordable private coverage Medicare for All would increase Fed- confirmation hearing, he said: ‘‘We must focus like a laser on health care.’’ options now as well as in the future. eral spending by $32 trillion over the Democrats want to mislead now in next 10-year period. This Democratic The left is misrepresenting an article by then-Professor Barrett in hopes of hopes of future political gains. plan would also give the Federal Gov- finding something—almost anything— Americans deserve better. We can do ernment more control over healthcare, to gum up this confirmation process. It better. impose massive tax increases on the seems to me they are just frustrated Vice President Biden and his party middle class, and disrupt access to this nominee had the audacity to sug- should stop their shameful election- services. That is why Democrats would gest judges interpret law as written. year scare tactics. They should end the rather mischaracterize the unavoidable There is an old saying in the legal malarkey. impact of COVID and demonize Medi- profession: If the law isn’t on your side, It is time to have the courage to en- care budget proposals that are often bi- pound the facts. If the facts aren’t on gage in an honest, civil conversation partisan in nature. your side, pound the law. If neither about bipartisan ideas to improve these Democrats used the very same dirty fact or law is on your side, just pound health and security programs for mil- tricks related to Social Security, as I the table. lions of people who depend on them. just talked about with Medicare. Some That is what we see yet again from f across the aisle recently concocted a our Democratic colleagues. It is ludi- hypothetical proposal that eliminates crous to pick one pending case and pre- RECESS the funding source for Social Security dict how every member of the Court, Mr. GRASSLEY. Mr. President, I ask and asked the program’s Chief Actuary including one just starting the con- unanimous consent that the Senate to assess its impact. firmation process, would vote on that stand in recess until 2:15 p.m. This was an obvious attempt to case, especially when entirely different The PRESIDING OFFICER (Mr. alarm seniors and disabled Americans legal issues are at stake. Frankly, it is TOOMEY). Is there objection? with the ultimate intent of smearing a disservice to the American people. There being no objection, the Senate, Republicans and feeding false talking The Democrats know this, but that at 1:36 p.m., recessed until 2:15 p.m. and points to a Democratic candidate for will not stop them. It will not stop reassembled when called to order by President. Even when their schemes them from trying to mislead hard- the Presiding Officer (Mr. PERDUE). and false talking points earned four working Americans into believing that Pinocchios from even the Washington their healthcare coverage could dis- f Post, Democrats still proceed full appear tomorrow. CONTINUING APPROPRIATIONS speed ahead with their misinformation It is also just the latest example of ACT, 20201 AND OTHER EXTEN- campaign. And even though Ways and how many Democrats in Congress view SIONS ACT—Continued Means Committee Ranking Member the Supreme Court—just somehow an- The PRESIDING OFFICER. The Sen- BRADY and I got the Social Security other policy end that they can’t ac- ator from Oklahoma. Actuary to affirm the Democrat’s re- complish through this branch of gov- cent scheme was just a bunch of malar- ernment, where we are now. That is not NOMINATION OF AMY CONEY BARRETT key, the Democrats and Candidate the role of the Court. I am sure Judge Mr. LANKFORD. Mr. President, we Biden continue with this misinforma- Barrett will reiterate that point before are once again in a conversation about tion. the Judiciary Committee. freedom of religion and the free exer- Again, Democrats use scare tactics in The Supreme Court will hear oral ar- cise of religion and what that means. the runup to an election. While they guments in the case mid-November, Very simply, I would argue that it accuse Republicans of wanting to de- and there are countless scenarios on a means the ability to have any faith, to stroy Social Security, Senate Demo- potential outcome. So is it is useless, have no faith at all, to change your crats do little or nothing to work in a then, to speculate. But that will not faith, and to be able to live it out. bipartisan way to help this program. stop the Democrats from speculating The ability to have a faith is a part Remember, in 2015, when the disability during this process of Judge Barrett’s of who we are. It is our most precious insurance trust fund was going to run nomination. possession within us. If it is not that, if dry, Senate Democrats demanded that The bottom line is, no matter the de- it is something less than that, if the the only thing that you could possibly cision, no one will lose healthcare cov- free exercise of religion has limitations do was to take from the retirement erage on the day the Supreme Court on it, then it is simply the freedom to trust fund and then just simply kick issues its ruling. worship or to have a named faith the can down the road. In the meantime, Republicans will around you but not to actually live Senate Democrats had no interest in continue to protect individuals with your faith. working with us to at least try to preexisting conditions and fight to give That is not what we have in this make the disability insurance program Americans more affordable healthcare country, thankfully. We have a con- better for beneficiaries. Instead, Sen- options. stitutionally protected right to the

VerDate Sep 11 2014 05:16 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G30SE6.011 S30SEPT1 SSpencer on DSK126QN23PROD with SENATE September 30, 2020 CONGRESSIONAL RECORD — SENATE S5907 free exercise of religion. We have more view—it was sent all over the coun- All 49 full-time faculty members of than the freedom of worship at the try—about, she is not just Catholic; she Notre Dame Law School—all 49 of place of our choosing; we have the abil- is one of those Catholics. It went into them—signed a letter stating: ity to live our faith freely, 7 days a great detail about how she attends [Barrett] possesses in abundance all of the week, in all aspects of our lives. Bible studies and is on a board of a other qualities that shape extraordinary ju- The question has become, though, are school and helps educate children and rists: discipline, intellect, wisdom, impec- there certain positions in public life seems to believe that there is a per- cable temperament, and above all, funda- where you cannot have the free exer- sonal relationship with Jesus, as they mental decency and humanity. cise of religion; where, literally, if you quoted in the article, as if that were Seventy-three law professors across are elected or appointed into certain some sort of criminal thing and needs the country, including former Obama offices, you lose your constitutional to have some suspicion. administration Solicitor General Neal right. It is about her faith that she is being Katyal, stated this: The U.S. Constitution makes that challenged, this undercurrent. How- Although we have differing perspectives on very, very clear. Article VI of the Con- ever, Justice Ginsburg was not shy the methods and conclusions in her work, we stitution says that ‘‘no religious Test about the fact that she was Jewish— all agree that Professor Barrett’s contribu- shall ever be required as a Qualifica- tions to legal scholarship are rigorous, fair- nor should she have been. We have minded, respectful, and constructive. tion for any Office or public Trust heard a lot about the fact that she was under the United States.’’ It should be So she is criticized tenaciously be- the longest serving Jewish Justice and pretty straightforward and clear. cause of her faith. She is criticized be- the first Jewish person to lie in state In our last confirmation hearing, cause she is not woman enough, what- in the Capitol. Why is it OK for Justice then-Professor Amy Coney Barrett ever that may mean. She has even been Ginsburg to talk about her faith and said, when asked a question about her criticized this past week and called a not Judge Barrett? Why is Justice faith: ‘‘White colonizer.’’ Two of her seven Ginsburg’s faith celebrated and Judge Senator, I see no conflict between having a children were adopted from Haiti. She Barrett’s faith currently being demon- sincerely held faith and duties as a judge. In has been accused of using her children ized? It is because those on the left be- fact, we have many judges, both State and as props. How low can this go? Federal, across the country who have sin- lieve their faith is OK, but for people This is what Judge Barrett had to cerely held religious views and still impar- on the right, it is suspicious. say about her family: tially and honestly discharge their obliga- Even last night, Vice President Biden tions as a judge. And were I confirmed as a The president has asked me to become the introduced himself as an Irish Catholic. ninth justice, and as it happens I am used to judge, I would decide cases according to rule That is celebrated on the left. But for of law, beginning to end, and in the rare cir- being in a group of nine—my family. Our cumstances that might ever arise—I can’t Judge Barrett to identify herself as a family includes me; my husband, Jesse; imagine one sitting here now—where I felt I Catholic, she is asked questioningly: Emma; Vivian; Tess; John Peter; Liam; Ju- had some conscientious objection to the law, Yeah, but are you one of those ortho- liet; and Benjamin. Vivian and John Peter, I would recuse. dox Catholics? as the president said, were born in Haiti, and Three years ago, like today, Judge One of the most remembered things they came to us five years apart when they were very young. And the most revealing Barrett’s faith—not her judicial philos- about Justice Ginsburg—of many—was her storied friendship with Justice fact about Benjamin, our youngest, is that ophy or her temperament—seemed to his brothers and sisters unreservedly iden- be front and center. Three years ago, Scalia. On paper, they would be the tify him as their favorite sibling. my colleague from California, Senator unlikeliest of friends. She was a Jewish Our children obviously make our life very DIANNE FEINSTEIN, said this during liberal. He was a Catholic conservative. full. While I am a judge, I’m better known Amy Coney Barrett’s confirmation Their differences didn’t divide them or back home as a [room] parent, carpool driv- hearing: offend each other. er, and birthday party planner. When schools went remote last spring, I tried on another Why is it that so many of us on this side Of their friendship, Judge Barrett hat. Jesse— have this very uncomfortable feeling that, said: you know, dogma and law are two different Particularly poignant to me was her long— That is, her husband— things, and I think whatever religion is, it The ‘‘her’’ being Justice Ginsburg— and I became co-principals of the Barrett e- has its own dogma. The law is totally dif- learning academy. And yes, the list of en- ferent. And I think in your case, Professor, and deep friendship with Justice Antonin rolled students was a very long one. Our chil- when you read your speeches, the conclusion Scalia, my own mentor. Justices Scalia and dren are my greatest joy, even though they one draws is that the dogma lives loudly Ginsburg disagreed fiercely in print without deprive me of any reasonable amount of within you. rancor in person. Their ability to maintain a sleep. warm and rich friendship despite their dif- Senator DURBIN from Illinois just ferences even inspired an opera. These two Judge Barrett has even been criti- asked her a very straightforward ques- great Americans demonstrated that argu- cized in her faith and been criticized in tion: ‘‘Do you consider yourself an or- ments, even about matters of great con- her relationship in her family. thodox Catholic?’’ sequence, need not destroy affection. Judge Barrett said this about her A question like that about the defin- There is no question that Justice husband and her family: ing of faith and how much of a Catholic Ginsburg did a lot for the advancement I could not manage this very full life with- are you or how much dogma lives in of women in this country. Doesn’t out the unwavering support of my husband, Jesse. At the start of our marriage, I imag- you is really a question of, how much Judge Barrett also exemplify that? She faith do you really practice, do you ined that we would run our household as is a circuit court judge. She graduated partners. As it has turned out, Jesse does far have a name on you, or do you practice summa cum laude from Notre Dame a little too much faith for my comfort more than his share of the work. To my cha- Law School, first in her class. She has level? grin, I learned at dinner recently that my been a professor for 15 years at Notre children consider him to be the better cook. See, the free exercise of religion per- Dame, has clerked for a Supreme Court For 21 years, Jesse has asked me every sin- tains to an individual’s sincerely held gle morning what he can do for me that day. religious beliefs. It is not about the ac- Justice, is the mother of seven children, and was three times voted as the And though I almost always say ‘‘Nothing,’’ ceptance of that belief by others. If it he still finds ways to take things off my were, the free exercise of religion top law professor at Notre Dame. plate. And that’s not because he has a lot of would be dictated by what others be- Thirty-four Supreme Court clerks free time. He has a busy law practice. It is lieve rather than what you believe. But who worked alongside Barrett—of all because he is a superb and generous husband, in America—at least the America that parties—wrote this: and I am very fortunate. I know—individuals are allowed to We are Democrats, Republicans, and inde- Faith, her family—why are we doing have a faith, live their faith, have no pendents, and we have diverse points of view personal attacks on a qualified canon politics, judicial philosophy, and much faith, or change their faith. didate for the Supreme Court of the else. Yet we all write to support the nomina- United States? First in her class, rec- For whatever reason, Judge Amy tion of Professor Barrett to be a Circuit Coney Barrett is being criticized be- Judge on the United States Court of Appeals ognized by the faculty as superior, rec- cause she is Catholic. for the Seventh Circuit. Professor Barrett is ognized by judges and leaders across There is an AP article that came out a woman of remarkable intellect and char- the country as qualified—why are we just this week that did an in-depth acter. She is eminently qualified for the job. into this conversation?

VerDate Sep 11 2014 05:16 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G30SE6.013 S30SEPT1 SSpencer on DSK126QN23PROD with SENATE S5908 CONGRESSIONAL RECORD — SENATE September 30, 2020 On September 29, an article from gious views are his own private affair, nei- the hands of our businesses that put it NPR was entitled ‘‘Amy Coney ther imposed by him upon the nation, or im- into the hands of their employees, Barrett’s Catholicism Is Controversial posed by the nation upon him as a condition which kept tens of millions of people, of holding that office. But May Not Be Confirmation Issue.’’ I would not look with favor upon a presi- by some counts, on the payrolls instead The article said: dent— of on the unemployment rolls. History will be the judge of the long- Never before has the Court been so domi- Or in this case, I would say a judge— term success of the program, for sure, nated by one religious denomination. . . . working to subvert the First Amendment’s That is, Catholics. guarantees of religious liberty. Nor would but it is unquestionable that in the short term, this program succeeded. It ‘‘It’s legitimate for senators to be con- our system of checks and balances permit cerned about whether the court is reflecting him to do so. And neither do I look with is time for us now to uphold our com- the diversity of faith in the United States.’’ favor upon those who would work to subvert mitment. Article VI of the Constitution by requiring a America’s lenders and borrowers are Wow. Now it is maybe we have too religious test—even by indirection—for it. If ready to take that next step, proving many Catholics. Maybe this is one too they disagree with that safeguard, they that they have complied with the rules many, and Senators should consider should be out openly working to repeal it. so they can receive forgiveness for the greater diversity. As odd as it We are a nation that celebrates faith these loans. sounds, the article didn’t identify the and recognizes faith as a unifying fac- Sadly for them, but not surprising to fact that Amy Coney Barrett would be tor, even in diversity of faith. I have me, the forgiveness process designed by the only Justice not to have graduated had the privilege—many of us have—to the agency is burdensome, complex, from Harvard or Yale. There doesn’t be able to pray with each other. We are and already in need of reform. That is seem to be a desire to have a diversity Senators of different faiths, different not just my opinion; that is the opin- of opinion or background in that. It is backgrounds, different places. We work ion of the Government Accountability just about this one area—her faith. to treat each other with respect. Office. They said: ‘‘Applying for loan Imposing a religious test on a Su- Faith is not something that Ameri- forgiveness is more time consuming preme Court Justice is not only anti- cans should demand—nor the Senate than applying for the PPP loan itself thetical to the Constitution; it is a should demand—that people have to and requires more lender review.’’ very slippery slope, and it is one we take off to be able to serve the Amer- You see the trap that we have laid have been down before and I thought ican people. We don’t take our faith for borrowers and lenders. We, the Fed- we had cleared. off. It is not a jersey that we wear on eral Government, spent weeks— In 1960—1960—then-Candidate John F. the outside; it is the core of who we are months—telling our hurting, fragile Kennedy stood in front of a group of on the inside. That is not something small businesses: Take this money. ministers in Houston, TX, who were that I just take off to put on public Take this money. Just use it correctly, concerned about having a Catholic service. You put on public service, but and it will be forgiven. President because we, as a country, your core faith should not be chal- Well, here we are. Our businesses are had never had a Catholic President, lenged to be removed from your soul to still struggling, still facing uncer- and there were all these rumors and be a viable person to be able to serve tainty, and the agency-prescribed solu- innuendoes out there that the Presi- the Court. tion appears to be creating a system dent would work for the Pope. So in Let’s work on our concept of reli- more intense than any they have expe- 1960 JFK stood in Houston, TX, and gious liberty. Whether you are a Chris- rienced during this pandemic just so spoke to a group of ministers and made tian, whether you are a Muslim, wheth- they can prove to the right people that this statement. He said: er you are a Buddhist or a Hindu, you they didn’t use their money incor- I believe in an America . . . where no reli- can be a great American and you can rectly. That is a problem. gious body seeks to impose its will directly serve this great country in any loca- We have known it was going to be a or indirectly upon the general populace or tion that you choose because we are a problem for a long time. That is why the public acts of its officials; and where re- nation that honors and protects the we have been working for months on ligious liberty is so indivisible that an act right of free exercise of religion. bipartisan solutions to the problems in against one church is treated as an act I yield the floor. this bipartisan program. Over the sum- against all. The PRESIDING OFFICER. The Sen- mer, Senator MENENDEZ and I brought For while this year it may be a Catholic ator from North Dakota. together a bipartisan coalition and in- against whom the finger of suspicion is UNANIMOUS CONSENT REQUEST—S. 4117 troduced the Paycheck Protection pointed, in other years it has been, and may Mr. CRAMER. Mr. President, 6 someday be again, a Jew—or a Quaker or a Small Business Forgiveness Act. Here Unitarian or a Baptist. It was Virginia’s har- months ago, our Nation’s small busi- is what it does. Of those 5 million PPP assment of Baptist preachers, for example, nesses faced an existential crisis and recipients, 4.2 million had loans of that helped lead to Jefferson’s statute of re- unprecedented threat. Like the rest of $150,000 or less. Remember, they could ligious freedom. us, they didn’t truly know what this borrow up to $10 million. They account Today I may be the victim, but tomorrow virus was, how hard it would hit us, for around $132 billion of the PPP funds it may be you—until the whole fabric of our how long it would last, or what the fu- that we have spent. Think about that: harmonious society is ripped at a time of ture would hold. But they did know 4.2 million of the 5 million—so 86 per- great national peril. that their businesses were preparing to cent of the borrowers—account for $132 JFK said this: close, that employees were being told billion of the $571 billion that we have Finally, I believe in an America where reli- to stay home, and they needed help, spent. That is only 27 percent. So what gious intolerance will someday end; where which is why I and every other col- we did was separate the 86 percent of all men and all churches are treated as league in this Chamber passed the the loans, which account for 27 percent equal; where every man has the same right CARES Act and created the Paycheck of the money, and said that if bor- to attend or not attend the church of his Protection Program. rowers—small businesses—complete a choice; where there is no Catholic vote, no We gave money to the administra- anti-Catholic vote, no bloc voting of any simple, one-page forgiveness document kind; and where Catholics, Protestants, and tion, which, in turn, gave that money to the lender—our banks, our credit Jews, at both the lay and pastoral level, will to lenders, and those lenders, in turn, unions—the loan will be forgiven. It is refrain from those attitudes of disdain and loaned that money to small businesses that simple. division which have so often marred their to use for employee retention. If they It eliminates the anxiety being felt works in the past, and promote instead the followed the rules, they were told they by our businesses. It puts account- American ideal of brotherhood. wouldn’t have to return the money. ability on the borrowers and frees up [This] is the kind of America . . . I believe That was the commitment we made to enforcement efforts to focus on the 14 [in]. And it represents the kind of presidency them while we strongly encouraged percent of the PPP recipients who took in which I believe—a great office that must neither be humbled by making it the instru- them—I emphasize ‘‘strongly encour- 73 percent of the funds. If this seems to ment of any one religious group, nor tar- aged them’’—to use the program, and it be obvious common sense, it is because nished by arbitrarily withholding its occu- worked. it is. pancy from the members of any one religious We had nearly 5 million PPP loans Congress isn’t known for working group. I believe in a president whose reli- worth $571 billion out the door and into well together; I know that. But, here, a

VerDate Sep 11 2014 05:16 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G30SE6.014 S30SEPT1 SSpencer on DSK126QN23PROD with SENATE September 30, 2020 CONGRESSIONAL RECORD — SENATE S5909 Republican from North Dakota has The House took its action to help ac- small businesses to be able to operate teamed up with a Democrat from New complish these goals last May when effectively. The House bill provides a Jersey to find a plan that works for they passed the Heroes Act. To this separate amount of funds so that the Members from Arizona to Alabama, date, the Republican leader, Senator local governments can directly help from North Carolina to Nebraska. MCCONNELL, has not allowed us to take small businesses. That is not included Nearly one-third of the Senate—with up the comprehensive legislation that in the unanimous consent request. Members from both parties—has signed will help our country, help deal with We can approve the 7(a) Loan Pro- onto our bill. the virus, help our economy, and help gram, 504 Loan Program, and What has happened since? The Pre- small businesses. Microloan Program. They are in the siding Officer knows as well as anybody Just today, Speaker PELOSI has up- House bill, not in the unanimous con- that our friends blocked us from con- dated the Heroes Act because it has sent request. sidering a new relief package just a been over 4 months since it was passed We have all heard from our live couple of weeks ago. Many of the proviso that we now have a Heroes Act that venue operators. They need help. They sions of our bipartisan bill were in that is within the range between what the are going to close if we don’t do some- package. Many bipartisan plans from Republican Senators originally sug- thing to help them. It is our responsi- all Senators were in it, but politics pre- gested and the Democrats originally bility to do that. It is in the Heroes vailed, and we came up short. That suggested. That is moving toward a bi- Act. It is not in the unanimous consent happens around here. partisan bill. That is what we need. request. Just because our total package was In the Heroes Act, there are so many We need to expand the employee re- blocked doesn’t mean our small busi- provisions that are desperately needed tention tax credit, which allows work- nesses and lenders who gave them PPP for small business that are not in this ers to be retained by small businesses. funds don’t still need relief. That is unanimous consent request. Let me This was expanded in the Heroes Act, what we have heard from our commu- point out a few. but it is not in the unanimous consent nities and hundreds of association lead- We need a second round of PPP. Busi- request. ers from all across the country. On nesses have suffered significant rev- I could go on and on about all of the their behalf—on behalf of the small enue losses. The hardest hit, the small- provisions that we need to take up now businesses that need help and the lender of the small businesses need more that are necessary to help small busi- ers we encouraged to help them—I am help. The PPP program is designed for nesses. If we wait until after the elec- going to ask for unanimous consent to an 8-week pandemic. This pandemic tions, more small businesses will be pass S. 4117. has gone long beyond 8 weeks. shuttered forever. That is the No. 1 pri- Mr. President, I ask unanimous con- The House legislation includes re- ority of small businesses. sent that the Committee on Small sources for mission lenders, such as We also find that we need to help in Business be discharged from further CDFIs and depository institutions. I regard to streamlining the process of consideration of S. 4117 and the Senate mention that because we have found loan forgiveness. I agree with my col- proceed to its immediate consider- that when you rely on the 7(a) commer- league. I agree that we need to simplify ation; further, that the Johnson cial loans in order to get forgivable that process. I have had my arguments amendment at the desk be considered loans, those who are traditionally un- with the Small Business Administra- and agreed to, the bill, as amended, be derserved are not able to get the same tion and so have those who have over- considered read a third time and type of attention—minority businesses, sight in the executive branch. We know passed, and the motion to reconsider be women-owned businesses, businesses in what they did to the EIDL Program. considered made and laid upon the rural areas. We need to pay special at- They didn’t administer it the way we table with no intervening action or detention to providing additional re- said—3 days to process grants. They bate. didn’t do that. They didn’t give us the The PRESIDING OFFICER. Is there sources and allocations to mission data we needed so we could understand objection? lenders. That is not included in the the program. So why do we have con- The Senator from Maryland. unanimous consent request. Mr. CARDIN. Reserving the right to We need to expand PPP eligibility. fidence that, under the Senator’s unan- object, I want to thank my friend Sen- We have heard from our nonprofits imous consent request, he will do the ator CRAMER for bringing attention to that were left out of the first round. right form? You give them the author- this issue. I think he knows that the They need to be included. Local news- ity to issue the form, and I am not ex- PPP program was included in the papers were not included. Previously actly sure that will work. CARES Act. I take great pride in work- incarcerated individuals were denied Here is the good news. We want to do ing with Senator RUBIO—Republican certain help. The House legislation— something in this area because the and Democrat—and other members of the Heroes Act—makes those changes Senator is right in that we need to our committee. so that all eligible small businesses streamline the process. The SBA is not We were the architects of the PPP would be able to qualify for these doing it the way we intended it to be program. It was bipartisan. It was in- loans. done. The House took action, but the cluded in the CARES Act, and it was The Economic Injury Disaster Loan House’s action is a little bit different. enacted in March. It is very interesting Program, EIDL, is desperately in need The House has said: Look, for those that if we would have gone with the of congressional attention. We have bi- loans under $50,000, why don’t we do it original bill that came out of the Re- partisan support for significantly in- without any paper. Let them retain the publicans, it would not have been a bi- creasing the resources going into the records, but let’s eliminate any possi- partisan bill, and much of the help for EIDL Program—Senator CORNYN, Sen- bility of the SBA’s delaying the loan small businesses would not have been ator ROSEN—so that we could replenish forgiveness. I think that is one we there in the CARES Act. It is only the grants and provide the grants that should look at, but we can’t do that if through bipartisan legislation that we are desperately needed for small busi- we are to let this unanimous consent were able to advance the types of tools nesses. go forward. that are necessary to help America’s We can eliminate that $150,000 arbi- Lastly, this consent also deals with small businesses. trary cap that was put on by the Small safe harbor for the PPP lenders. It I must tell you, the No. 1 priority Business Administration, which is con- would provide safe harbor from claims today for small businesses is to safely trary to law. We need to make it clear under the Small Business Act, the be able to resume full operations. They that the loans could be made up to $2 False Claims Act, the Financial Insti- need it to be safe for parents and their million under the EIDL Program. tutions Reform, Recovery, and En- children to be able to get back to We need to help State and local gov- forcement Act, the Federal Deposit In- school. They need us to get this virus ernments. That is in the Heroes Act. It surance Act, and the Bank Secrecy under control, so businesses that de- is not in the unanimous consent that is Act, or any other Federal, State or pend on large gatherings—such as food being suggested. We have to help State criminal or civil law regulations. I service, hospitality, events, travel, and and local governments because their think we should look at that before we tourism—can literally survive. services are critically important for just, all of a sudden, agree that we

VerDate Sep 11 2014 05:16 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G30SE6.016 S30SEPT1 SSpencer on DSK126QN23PROD with SENATE S5910 CONGRESSIONAL RECORD — SENATE September 30, 2020 should give that type of blanket safe The PRESIDING OFFICER. The Sen- portfolio with the same sort of sam- harbor. ator from North Carolina. pling that the IRS does to make sure Small businesses need help now. My Mr. TILLIS. Mr. President, I thank there is not any fraud or abuse and to colleague is correct. They need help Senator CRAMER and my colleague Sen- make sure people are held accountable. now, but they need help far broader— ator ROUNDS from North Dakota. If Senator CARDIN really wants to get far broader—than this unanimous con- North Carolina’s businesses are to the work of the next Paycheck Pro- sent takes us. There is also a need for struggling. I heard Senator CARDIN and tection Program, let’s lay the ground- negotiations in regard to the provi- am sympathetic to most of what he work and clear the plumbing so we sions that the Senator has brought to said. Yet, as I have traveled across the may call on the Small Business Admin- the floor. I can assure him that I will State—and I have had 65 telephone istration, which is in the process of hir- continue to work with Senator RUBIO townhalls since COVID started and ing 1,200 people just to deal with loan in a bipartisan manner once we get the have talked with citizens in North forgiveness. The banks that want to numbers from the powers that be—they Carolina for an hour, spending 55 min- provide more loans need to clear their being the Speaker of the House, the utes hearing from them and answering backlogs so they will have the capacity Secretary of the Treasury, the admin- their questions—I know we have a very to do it as fast as possible. istration, and our leaders. difficult problem in North Carolina and Senator CARDIN is right in that we As we did under the CARES Act, we across the country. I just talked with a have a lot more to do. This is a step in will put together a comprehensive pro- hotel and lodging association and a res- a long journey. Yet, in doing this for- gram to help all small businesses, not taurant association a few weeks ago. giveness program—the measure that just those that are struggling right They said we have 18,000 restaurants in Senator CARDIN objected to—we would now with this form but those that can’t North Carolina, and 9,000 of them are have the opportunity to take a straw even get the loan because they were at risk of closing permanently. off the camel’s back. We have to do not eligible but should have been eligi- When we passed the CARES Act, we something. We continue following up ble or those that need additional help knew we had to do something big, bold, on the CARES Act, but I am very dis- or those that need the EIDL Program and fast, and I think everyone at the appointed that we have gotten where to work well or a microloan. We want Small Business Administration and in we are in this Chamber when every- to provide that comprehensive help the banking industry mobilized to do body knows this is good legislation. now—this week—for small businesses, something that was unprecedented. We should do it, but they are turning but this unanimous consent just does their backs on businesses. Unfortu- not get us there. They got that money out and into the hands of businesses. nately, I think it is going to result in The commitment to my colleague is more people being on unemployment that we are going to work with him The program is called the Paycheck Protection Program for a reason. We and more businesses closing. I will and our other colleagues, as we always work as hard as I can with Senator do, and that we are going to include were doing everything we could to make sure that those businesses that CRAMER and Senator ROUNDS and other the provision to make it easier for Members to get this done. small businesses to get loan forgive- were willing could make payroll—could keep people on their benefits, could I yield the floor. ness because we agree that the SBA The PRESIDING OFFICER. The Sen- keep people on their healthcare—and has not interpreted our law the way we ator from South Dakota. wanted it to. could weather the storm while closures Mr. ROUNDS. Mr. President, first of For all of those reasons, I object. were going on all across this country. all, let me thank my colleague from The PRESIDING OFFICER. Objec- They were closing down businesses or, North Dakota for making this presen- tion is heard. certainly, dramatically reducing their tation to begin with and my colleague The Senator from North Dakota. business. from North Carolina for supporting Mr. CRAMER. Mr. President, I appre- Thank goodness for the brave busi- him in this action. We appreciate the ciate Senator CARDIN’s commitment to nesses that stepped up and applied for comments the Senator from Maryland work together. We are all committed Paycheck Protection Program loans, has made, but we, most certainly, dis- to that as well. and thank goodness for the banks that agree with the approach he is sug- I do struggle a little bit when the were willing to underwrite them while reasons to oppose something are all of gesting. we were still, really, working the rules Senator CRAMER has suggested that the things that aren’t in it. Sure, there out—literally building the cars as they we have a very serious problem here is not support for State or local gov- were rolling down the road. They ernments. There is not a new EIDL that has to be addressed. This is some- should be commended for what they thing that does not affect just Repub- Program or a reformed PPP program have done. or a microloan program or tax credits. lican businesses. It affects all busi- This measure is a simple measure. nesses. You are talking about 4.2 mil- Of course, tax credits are under a whole We know that more than 85 percent of different jurisdiction. There is not nu- lion small businesses across the United all of the loans that were underwritten States that are being impacted by this clear modernization, and there is not under the Paycheck Protection Pro- unemployment insurance. There are that have borrowed money in good gram were under $150,000, and we know faith and that have kept their busi- lots of things that aren’t in it. Yet pol- that they were small businesses. Yet itics is the art of the possible, and nesses open. Now, surprisingly, when it we have a lot of paperwork that these around here, big packages become very comes time for the forgiveness portion businesses are going to have to do, and difficult, and politics gets in the way. of this to occur, we have a very chal- I was hoping we could find an incre- small businesses interacting with the lenging process put in place—a burden- ment to help small businesses in a sig- Federal Government on four or five oc- some process—that could only have nificant way that, frankly, wouldn’t casions before the loan is forgiven is a been done with the common sense cost the government anything but, in daunting task when you are still trying found in Washington, DC, not in the fact, might save it some money in its to figure out how you can make payroll rest of the country. To make the appli- just not hiring another large bureauc- and how you can keep your business cation more difficult for one to get for- racy. going. giveness than the actual application to I look forward to working with the Then you have the banking industry participate in the program in the first Senator. I appreciate his work on the that we rely on for moving all of this place is simply absurd. CARES Act and the PPP and his work capital out there and making sure that Let me share with you a message with Chairman RUBIO and SUSAN COL- payrolls can be met and want to be pre- from one of our bank executives in LINS in creating this program. I am pared for the next tranche of CARES South Dakota. He is a rather promi- just disappointed that we couldn’t get Act Paycheck Protection Program nent CEO in South Dakota. I share it across the finish line today, but I loans. Yet we are going to tie them up with you that I have cleaned this up a hope we can soon. over paperwork with these small busi- little bit and will paraphrase his quote I yield the floor as I know that a cou- ness loans that we can forgive? It is to us after we asked him for informa- ple of my colleagues want to speak on not like we are turning a blind eye to tion concerning how the banks will try the same topic. compliance. We will look at that loan to handle this.

VerDate Sep 11 2014 05:16 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G30SE6.018 S30SEPT1 SSpencer on DSK126QN23PROD with SENATE September 30, 2020 CONGRESSIONAL RECORD — SENATE S5911 Remember, the banks didn’t have to Senator CRAMER from North Dakota The Democratic Senators are calling participate in this, but they did so, in has proposed. I hope that our col- on their colleagues to pack the Court— a way, to literally get money out in a leagues on both sides of the aisle will to add two more liberal, activist Jus- very short period of time to the busi- come back and start using some of that tices to the Supreme Court. nesses that desperately needed the common sense that seems to prevail in One Senator tweeted about it this money in order to survive. the rest of the United States even weekend. That is, of course, what they First of all, they had open lines of though it is not always evident here in plan to do if they win the White House, communication with the SBA literally Washington, DC. the House, and the Senate in the No- 24/7 for more than a week in their try- I yield the floor. vember elections. Now, this would de- ing to get approval for individual appli- I suggest the absence of a quorum. liver partisan decisions that make law cations. They helped small businesses The PRESIDING OFFICER. The but don’t apply the law. actually fill out the applications in the clerk will call the roll. Now, for Vice President Biden in the first place. Second of all, these banks The senior assistant legislative clerk Presidential debate last night, he re- will become responsible for these loans, proceeded to call the roll. fused to answer a specific, direct ques- and unless they are forgiven, they will Mr. BARRASSO. Mr. President, I ask tion about this very topic. He refused stay with the banks. unanimous consent that the order for to reject a position that Democrats are If we are successful in coming to an the quorum call be rescinded. holding that is highly unpopular and agreement on additional loans being The PRESIDING OFFICER. Without highly divisive. made in the future, how in the world objection, it is so ordered. And now adding members to the Su- can we expect these banks to get back NOMINATION OF AMY CONEY BARRETT preme Court—you know who said that in if we can’t even follow up on our Mr. BARRASSO. Mr. President, I was a bad idea? Well, it was Ruth agreement that we would make this a come to the floor today to discuss the Bader Ginsburg. She said nine members simple process to get the loans forgiven President’s historic choice for the U.S. is the right number; that it works. in the first tranche that we have com- Supreme Court. The President has People shouldn’t try to add to that. It pleted? nominated Judge Amy Coney Barrett would be seen as partisan, political. Let me share with you what this CEO of the Seventh Circuit Court of Ap- And, of course, that number has been writes. This has to do with his version peals. She would fill the vacancy left in place since 1869. of what is going on. We have literally by the passing of Ruth Bader Ginsburg. Last year, in an interview, she said received dozens of these types of com- This is a powerful and positive ap- that nine was the right number. So this ments from bank loan officers in the pointment by President Trump. Judge isn’t something she said a long time Upper Midwest, particularly in South Barrett is a brilliant jurist. She has a ago. It was just last year in an inter- Dakota. I will paraphrase because, as I stellar record, and she has a solid char- view with National Public Radio. say, we had to clean this up a little bit. acter. She will serve as a role model for Democrats aren’t going to listen to The forgiveness piece of the PPP is a dis- an entire generation in the legal pro- her. Senior Democrats appear deter- aster. I have 750 loans out of 1,381 that are fession. mined to remake the Senate and de- under $20,000 and 50 that are under $2,000. She has already been vetted by the stroy the Supreme Court in the proc- They have, basically, the same forgiveness Senate. She was vetted and received bi- ess. process as the loans of my largest borrower, partisan support when she was con- The radical left sees Judge Barrett which is for over $4 million. So we are asking firmed 3 years ago to her current court simply as collateral damage. She is an them to fill out the same paperwork as we do position. Well, that is the definition of obstacle to be overcome, no matter the a large loan recipient. ‘‘highly qualified.’’ cost. That is why she is being attacked He goes on to write: She embodies the qualities the Amer- for her faith—for being an active mem- The simplified version of the PPP loan for- ican people want in a Justice. Now, the ber of her church, for participating giveness application program is not that American people want fair Justices. fully. simple. The Government Accountability Of- She is being attacked as a mother, fice has studied it and has said that it takes They want Justices who know that a borrower 15 hours to complete and the their job is to apply the law, not legis- being attacked for her religious beliefs. lender 75 hours to process. late from the bench. The far left, in their haste to attack Let me say that again. It takes 15 That is what people in my home the judge, never mention that she has hours for the loan borrower to actually State of Wyoming talked about this seven children. Now, two of those seven do the paperwork and 75 hours to proc- past weekend, when I was visiting at children were adopted from Haiti. One ess it. home with the people of Wyoming. of her children has special needs. Judge They want Judge Barrett, and she is Barrett is a full-time caregiver, as well Our borrowers are not happy nor are we as bankers. This is not what we signed up for in committed, through her time in the as a public servant. She understands order to get disaster payments to our cus- legal profession and on the bench, to the importance of healthcare. She un- tomers. We are trying to hold off the small these very values. derstands how precious life is. She is businesses that borrowed under $150,000, but So here in the Senate, in this body, an outstanding nominee. they are getting anxious. We as lenders bust- we have a job to do, and it is to offer Two years ago, we considered an- ed our tails to get this money out, and we advice and consent. other nominee for the Supreme Court. are getting absolutely hosed by this process. We will hold fair hearings, and we Democrats dragged him through the I might add that this is not the word will hold a timely floor vote on Judge mud. We witnessed a gangland char- he used. Barrett’s nomination. acter assassination. I wouldn’t be sur- Lenders feel as though they have really My colleagues on the other side of prised if we see the same thing happen been let down. There is more than a little fa- the aisle don’t seem to feel the same again, and the far left is already de- tigue with the entire PPP loan forgiveness way about this process. In fact, they manding it. process. have already announced their opposi- They are demanding that mud con- If we used any kind of common sense tion to the nominee—regardless of how tinue to be thrown at this nominee like they have in the Upper Midwest, qualified this nominee is who is before until it sticks—something, anything to we would have fixed this thing already. us, regardless of the vacancy that ex- undermine her character and to under- Unfortunately, it is in the middle of a ists on the Court, regardless of the mine her credibility. political process in Washington, DC, spectacle that the American people saw Now, I might remind my friends what and 4.2 million small businesses hang 2 years ago with the confirmation of the outcome of that seek-and-destroy in the balance. Their ability to take Judge Kavanaugh. mission was the last time. Justice care of a loan—that we had committed The Senate minority leader has made Kavanaugh’s family was put through would be forgiven if they were to follow his position clear. He appears to be so the meat grinder, and Republicans through—is now in jeopardy. Time is disturbed by the prospect of a constitu- stood by him. He was confirmed by the running out. tional jurist on the bench that he is Senate and sits on the Supreme Court. I appreciate the opportunity, once willing to upend the core institutions The Senate and the American people again, to support the legislation that of our Nation. will not stand for more political gains.

VerDate Sep 11 2014 05:16 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G30SE6.020 S30SEPT1 SSpencer on DSK126QN23PROD with SENATE S5912 CONGRESSIONAL RECORD — SENATE September 30, 2020 We will not accept the dirty tricks that hid the truth about how deadly the Well, another challenge to the Af- the far left is going to continue to try virus is and how it spreads. fordable Care Act is going to be back to pull. This is personal to me. When the up before the Supreme Court just 1 Chairman LINDSEY GRAHAM has President was telling the American week after the election on November promised a fair process in the Judici- people that this was all going to go 10. Do you think that has anything to ary Committee. The majority leader away; that it was going to go away by do with this rush to a Justice? Is that has indicated full and fair consider- Easter, at the same time that he knew, what it is? Because it is right after the ation on the Senate floor. We will not we now know, that it was deadly; that election. yield an inch to the mob. he knew that it was airborne, when my Otherwise, why wouldn’t you wait? Let me be even clearer. If Democrats family was just trying to wash off all See who wins the election. That is continue to smear this outstanding of the counters and wash your hands, what Abraham Lincoln did—the only nominee, this mother of seven, this which is still a good idea, but we time in history a Justice died this woman of faith, it is going to backfire thought that would be the way to keep close to an election. He waited to see on them again. They continue such ourselves safe, this President didn’t who won. stunts at their own peril. share that information. But, no, we are told this has to hap- After the Kavanaugh confirmation And my husband, early on, got very, pen now, despite the fact that only a devolved into a circus, Democrats lost very sick from the virus. He ended up few years ago a completely different seats in the Senate, and they lost in the hospital with severe pneumonia precedent was set by the majority of credibility with the public. and on oxygen. So, for me, it is per- people who are serving in this Senate The American people expect fairness. sonal. But guess what. It is personal to right now on the Republican side of the They demand it for the highest Court nearly everyone in America because aisle. in the land, and Senate Republicans they know someone—a friend, a family But what is coming up November 10? will ensure it. We will ensure Judge member who has died or who has got- The case. The Affordable Care Act or, Barrett is fairly treated. She deserves ten sick. as they like to call it, ObamaCare. I al- dignity and respect, and we will ensure Now, in my husband’s case, thanks to ways love that President Obama was that she is heard. the brave frontline workers and the more than happy to adopt the name for Amy Coney Barrett appears to have nurses and the hospital and the doc- the bill, given that the bill has become all the qualities I look for in a Su- tors, and thanks to the fluke—it is just more and more popular, given that it preme Court Justice. She is a model of serendipity if people are able to survive has helped hundreds of thousands of integrity, intelligence, and of judicial this or not, depending on how hard-hit people to get insurance, given that it independence. She is highly qualified they are. Our story isn’t unique, and has helped, more than that, millions of for the role to which she is nominated, many other people who went to the people to not be kicked off their insur- and she will receive a fair vote in the hospital didn’t come home, and we now ance. U.S. Senate. know this has inordinately hit front- You don’t have to be in one of those I yield the floor. line workers and inordinately hit peo- exchanges to be protected by the Af- The PRESIDING OFFICER (Mr. COT- ple of color. fordable Care Act, which basically says TON). The Senator from Minnesota. So here we are, so many months later that if you have a preexisting condi- HEALTHCARE and well over 100 days after the House tion, whether it is diabetes, Alz- Ms. KLOBUCHAR. Mr. President, I first passed the Heroes Act—legislation heimer’s, or cancer, that you cannot be am here today to make clear what is at to provide true funding for testing, kicked off of your health insurance. stake if the Supreme Court overturns help State and local governments go That applies to everyone in America, the Affordable Care Act in the middle through this time, to make sure our with that bill. of this global pandemic. elections are safe during this pan- This is something the Trump admin- demic—and still we wait. There are people in the Senate, right istration has been trying for, for years. And while I am encouraged that here, who have been trying to repeal It came out of a case in Texas, and Speaker PELOSI is, once again, negoti- the Affordable Care Act—trying to do they brought it all the way now to the ating after she and Senator SCHUMER it for years. They had a big debate over U.S. Supreme Court. had met with the White House, met it. That didn’t work. That didn’t work It has been over 9 months since the with the majority leader of this Sen- because John McCain walked in. I can United States had its first confirmed ate, offered to go halfway, that was re- still picture him right now walking in case of the coronavirus. Now we have jected, and still people kept dying. I that door and saying no. All he would over 7 million cases and, tragically, think something like 800 businesses say was that he wasn’t going to deny over 200,000 people have died. closed a day. Hundreds of people are healthcare coverage to people because It has been 9 months but still we do dying a day. he had it himself. not have a national testing strategy in So now they are at it again. Speaker So then they tried again—went down place—something that would not only PELOSI is coming up with a new plan to Texas and found a court down there save lives but also would be a great that is significantly less funding but maybe that they thought would be help in having the ability to open our one that we hope has a glimmer of helpful. And guess what. Then it gets economy again. hope. But this has not been a priority struck down there—not just a part of We don’t have sufficient contact in this place. it. They said no, no, no. They made it tracing or clear guidance to schools Instead, the plan is to spend the next the whole thing. That is what is com- and businesses of how to keep their few weeks jamming through a nominee ing up to the Supreme Court on No- students, employees, and customers to the Supreme Court. What is the vember 10. So if you can’t get your way safe. rush? Why not focus on working to- one way, the administration decided Nearly 30 million people are out of gether to help the American people get they were going to try it in court. It is work, and today many are still strug- through this pandemic? Why not focus their lawyers—their lawyers—who ar- gling to pay their rent and put food on on getting a bunch of the bills done gued this, Donald Trump’s lawyers. the table for their families. that have been sitting on the majority They have been trying to get rid of Millions of kids are sometimes going leader’s desk, like the Violence the Affordable Care Act and the protec- to school in hybrid models—in for a few Against Women Act? That is sitting tions it provides for people with pre- days, out of a few days. They are learn- there. Why not take some action on existing conditions for years, but have ing to use Zoom. First graders—one of climate change? That is sitting there we seen an alternative plan from this my staff members in Minnesota, her as the fires are blazing on the west President? No, we have not. first grade daughter is learning the coast. Why not do something about That last time, when we saw that ef- mute and unmute button. pharmaceutical prices—something the fort by my colleagues to repeal the But instead of being honest with the President has claimed to be trying to healthcare law, it would have kicked 11 American people about how serious do something about in the last month million people off of Medicaid, it would this was, we have had a President who of his administration. have let insurance companies charge

VerDate Sep 11 2014 05:16 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G30SE6.021 S30SEPT1 SSpencer on DSK126QN23PROD with SENATE September 30, 2020 CONGRESSIONAL RECORD — SENATE S5913 people more if they got sick, and it in- Before the ACA—and I remember this My daughter is now 23 years old, and she is cluded an age tax, where an older per- because we debated it in this very the definition of a preexisting condition. She son could have been charged five times Chamber—43 States allowed insurers to is still on our health plan, but we are already more than a younger person. charge higher premiums to people with looking at the time in about 2 years when that will no longer be possible. Although she That was the plan we saw before. preexisting conditions. We can’t go is at least feeling well enough to begin the That plan was opposed by every major back to that. job search again, there is no security for any group you trust when it comes to your Without the Affordable Care Act, of us without the existence of the Affordable healthcare, the largest groups of doc- health insurance exchanges, and the Care Act as an option should she not have tors, nurses, seniors, hospitals, people support for States to expand Medicaid, employer-based healthcare. She is a young with cancer, Alzheimer’s, lung disease, it is estimated that 20 million Ameri- woman who has already gone through so heart disease, diabetes. They said it cans would lose their insurance. much in these short years. There are enough was the worst bill for the people of this The ability to keep your kid on your unknowns. Please continue— country. insurance plan until they are 26 years This is her writing to me— There was never even a vote on that old would be gone. How many parents to protect the Affordable Care Act so she bill because it was so unpopular. That are using this right now in the middle knows she has healthcare. was, of course, just months after that of this pandemic? I don’t know the President Trump last night contested previous effort I just described where number, but I know it is a lot. the idea that 100 million Americans John McCain walked into the Chamber The work we have done to close the have preexisting conditions. Well, and gave the repeal of the Affordable Medicare doughnut hole coverage gap maybe he is right because most data Care Act, which would have taken for prescription drugs would be gone. suggests that the number is 130 million healthcare away from so many Ameri- The provisions that would help peo- Americans who have some form of pre- cans, a big no. ple buy insurance on the healthcare ex- existing condition that, if insurance Senator McCain believed that cour- changes would be gone in the middle of companies were allowed to, would ei- age is not just standing by yourself, a global pandemic. ther result in rate hikes for them be- giving a speech to an empty Chamber, Over 7 million Americans have been cause of their diagnosis, or insurance like I happen to be doing right now, so infected by the coronavirus, and the would be made unavailable to them en- thank you, the 10 people who are here. cases are rising. That is 7 million peo- tirely. It is not just that. It is whether you ple who, without the Affordable Care Now, it has almost been 10 years are willing to stand next to someone Act, could be found to have another since we lived in a world where insur- whom you don’t always agree with for preexisting condition, and that is 7 ance companies could deny you the betterment of this country. million people who may have recovered healthcare because of a preexisting But that is not what we are seeing from the virus, but, as Dr. Fauci has condition or could raise your rate sim- here. Indeed, my colleagues have not warned, they continue to struggle with ply because you are a woman. So for been able to succeed in repealing the a range of long-term effects that re- many Americans, it is even hard to re- healthcare law using the legislative quire comprehensive healthcare cov- member those days in which you could process. The administration has turned erage. be discriminated against just because to the courts. So why? Why ram this through in 2 of a childhood cancer. But those days Let’s look at the track record. I like weeks? Is it because that case is com- are about to come back. We are lit- looking at evidence, as a former pros- ing up—if you read the President’s erally months away, if President ecutor. Even before he was elected, the tweets, it makes you think it has a lot Trump is successful in ramming President promised that his judicial to do with it—or is it because of the al- through this Supreme Court nominee, appointment ‘‘will do the right thing’’ ternative theory he has put out there from insurance companies once again and overturn the Affordable Care Act. that he wants to make sure the Su- being able to deny coverage to anybody He has criticized the sitting Chief Jus- preme Court is in place in order to de- they want based upon their gender, tice, Justice Roberts, for upholding the cide the election result? Neither of based upon their medical history, based law when it was last before the Court. those theories is a reason to jam upon their prior diagnosis. Just days ago he said on Twitter that through a nominee, and my colleagues This isn’t hyperbole because I have it would be a ‘‘big win’’ if the Supreme know it. been in the Congress long enough to Court strikes down the health law. I know that the people of this coun- know two things. One, Republicans will Now, with Americans already voting, try see through this raw use of polit- stop at nothing in order to repeal the the President is trying to jam through ical power. They know their healthcare Affordable Care Act, and we will talk a nominee who has already voiced seri- is on the line. They know it is on the this afternoon about what that means ous opposition to upholding the Afford- line. They know our environment is on beyond the 130 million Americans who able Care Act. The same year that this the line. That is why they are voting. will have their rates increased. But I nominee became a judge—that would They are voting in droves. They are know something else as well, which is be in 2017; she was confirmed in Octo- voting as we speak. They are casting that there is no replacement. There is ber—she published an article with the ballots with each and every second we nothing coming from the Republican University of Minnesota Law School stand here in this Chamber. majority in the Senate or from this ad- Journal—a pretty good journal—writ- I yield the floor. ministration to replace the Affordable ing that she believed Chief Justice The PRESIDING OFFICER. The Sen- Care Act. Do you know why I know Roberts—this was her criticism of the ator from Connecticut. that? Because I have been waiting for Chief Justice—‘‘pushed the Affordable Mr. MURPHY. Mr. President, Wendy the replacement for a decade, and it Care Act beyond its plausible meaning is a constituent of mine from Stanford, has never shown up because it never to save the statute.’’ CT, and she tells a story that is going will. If President Trump’s nominee is con- to sound incredibly familiar to folks Republicans tried to repeal the Af- firmed before oral arguments on No- who have been part of this healthcare fordable Care Act here the first year of vember 10, yes, she could easily cast debate over the last 10 years in this the President’s term. A lot of people the deciding vote to strike down the Chamber. She said: said it was a foregone conclusion—of law in its entirety. The American peo- When my daughter was 15, she was diag- course, after having pledged to repeal ple know what that will mean to them. nosed with a type of bone cancer and under- the Affordable Care Act for 5 years, Re- To start, protection for people with went a year of treatment. We were hopeful publicans now, with control of the Sen- preexisting conditions like diabetes or that she was cured, but exactly 1 year ago— ate and the House and the White asthma would be gone. More than 100 it was 2 months after she graduated from House, will of course make good on million Americans have a preexisting college and was about to move across the their promise. Of course, we know how country to begin her career when she under- condition, and the Affordable Care Act went a routine checkup and found out that that turned out. They couldn’t because makes sure they cannot be denied in- the cancer had returned. The past year has the American people rose up. Phone surance coverage or charged signifi- included more chemo, surgery, and lines lit up, townhall meetings ex- cantly higher premiums. immunotherapy. ploded, and Republicans in the end

VerDate Sep 11 2014 05:16 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G30SE6.023 S30SEPT1 SSpencer on DSK126QN23PROD with SENATE S5914 CONGRESSIONAL RECORD — SENATE September 30, 2020 could not find the votes, even with ma- But then, all those people with pre- the American healthcare system, and jorities in both Houses and control of existing conditions—and, remember, every single Senator who votes to con- the White House, to repeal the Afford- we now have a new preexisting condi- firm Amy Coney Barrett to the Su- able Care Act. tion. That is COVID. What we are preme Court, I believe, is voting to Well, then, Republicans said, let’s learning about COVID–19 is very, very take insurance away from over 20 mil- find another way. If we can’t use the worrying. Researchers have observed lion Americans, voting to render most democratic process—legislation— changes to the heart, the vascular sys- COVID a preexisting condition that re- in order to repeal the Affordable Care tem, the lungs, the brain, the kidneys quires you to pay more for healthcare Act, then let’s go to the courts. in those who have gotten sick, and for the rest of your life, and going back So Republican attorneys general filed even in many people who are asymp- to the days in which any preexisting a lawsuit seeking to overturn the en- tomatic. In fact, there is a study out condition could cause you to lose your tirety of the Affordable Care Act on a there right now that Dr. Fauci noted health insurance and then lose every- legal premise that most mainstream before the HELP Committee recently thing that you have saved up over dec- scholars thought had no shot, but they that shows 70 to 80 percent of people ades and decades. weren’t counting on this President who have had COVID have some lasting Betty Burger is one of those people, being able to pack the Court with damage to their heart. COVID is a pre- and I will finish with her story. Betty enough extreme, rightwing jurists to existing condition. Burger had good insurance through her accept the flawed argument. So the Now, you may think, I haven’t had husband her entire life. He changed President started by putting Neil COVID, so I am not at risk of that pre- jobs, and he had about a week’s period Gorsuch on the Court. He continued existing condition causing my rates to of time in which he didn’t have a job in with Brett Kavanaugh. Now, one vote go up if Amy Coney Barrett gets con- between those two jobs and did not away from being able to overturn the firmed to the Court. Well, you don’t have healthcare. During that week, one Affordable Care Act, he now has a know if you have had COVID or not, of their kids was diagnosed with can- chance, with the nomination of Amy and let me tell you that insurance cer, and it became a preexisting condi- Coney Barrett, to finally get what he companies are not going to play dumb. tion, such that the husband’s employ- couldn’t get done in the elected branch If they are allowed to discriminate er’s healthcare plan wouldn’t cover it, of American government—the full re- against you because you have COVID, and the Burgers lost everything—ev- peal and elimination of the Affordable then they are going to require you to erything. They went bankrupt. They Care Act with nothing to replace it. prove that you haven’t had it before went through their savings. They went It is not hyperbole because there is you get a policy. Millions and millions through the college fund. They lost literally that case that I described get- of Americans are going to have their their house. They lost everything. ting ready for argument before the Su- rates increased or be denied healthcare It has been a decade since any Amer- preme Court a week after election day. at all because they had COVID, wheth- ican has had to face that kind of finan- So guess why it is so important that we er they were asymptomatic or sympto- cial ruin because of a diagnosis for confirm a Justice before election day— matic. That, in and of itself, is a them or their child. It is hard for us to because they need the votes to invali- healthcare crisis in this country. remember those days, but they are date the Affordable Care Act shortly So the stakes of this debate over the coming back. They are coming back—I after the election occurs, and it be- nomination of this new Supreme Court tell you this now—if this Supreme comes a little bit harder if that Justice Justice couldn’t be higher. Senator Court Justice is rammed through over is not there to hear the arguments in KLOBUCHAR talked about the fact that the course of the next month. mid-November. this Supreme Court may decide the I yield the floor. Take Republicans at their word: outcome of this election, and that is a The PRESIDING OFFICER. The Sen- They want the Affordable Care Act subject that we should explore at a dif- ator from New Hampshire. gone. Take Republicans at their word: ferent time. But 1 week after the elec- Mrs. SHAHEEN. Mr. President, I join They don’t have a replacement. tion, the Court will hear a case asking my colleague in coming to the floor to It will be a humanitarian catastrophe for the invalidation of the entire Af- talk about what is at stake as the Sen- in this country, in the middle of a pan- fordable Care Act. Republicans in the ate considers who will fill the Supreme demic—a pandemic that is killing 1,000 Senate and the White House have no Court vacancy left by the passing of people a day; 44,000 new infections that plan to replace it, and if that case is Justice Ginsburg. we know of on a daily basis—if 23 mil- successful, 23 million people are at risk Justice Ginsburg was not only an ex- lion Americans lose access to insur- of losing their health insurance: 11 mil- traordinary legal mind, but she was an ance. lion who are on the exchanges; 12 mil- unwavering advocate for equality Remember, this lawsuit doesn’t ask lion who are covered by Medicaid; 133 under the law. I believe she epitomized for the Affordable Care Act to be elimi- million Americans, roughly half of what we should seek in any Supreme nated in pieces or over time; the rem- America’s population under the age of Court Justice: a respect for the rule of edy it seeks is the Affordable Care Act 65, could have their rates increase be- law coupled with an understanding gone, all of it, overnight. There are 23 cause of preexisting conditions; 2 mil- that our Constitution was designed to million Americans who rely on that lion young people under the age of 26 protect the rights of the many, not just and 260,000 in my State—the equivalent could be kicked off their parents’ the few. of 62 different towns in my State alone health insurance; and 9 million people Unfortunately, President Trump and losing their health insurance. who receive Federal subsidies, tax my colleagues across the aisle are Don’t think that States are going to credits, to buy private insurance would doing a disservice to Justice Ginsburg’s be able to pick up the pieces here. A lot lose that coverage. legacy by attempting to rush through a of these folks are on Medicaid. Theo- In the midst of a global pandemic, a nominee when the election is already retically, States could decide to pick COVID diagnosis would possibly render underway. And that is not being dra- up the bill themselves, but they can’t you ineligible for insurance. That is a matic. The fact is, we have 31 States, because the President has forced States nightmare—a nightmare on top of the including my home State of New to foot the lion’s share of the bill for pandemic nightmare that we are living Hampshire, that have already begun fighting COVID because of the failure through currently. distributing their absentee ballots. In to stand up a national response. So So we are on the floor today to make fact, I was at a UPS distribution center States have no money lying around in sure that our Senate Republican col- in the city of Dover yesterday—actu- order to make up for all the people who leagues don’t distract the American ally it was on Monday—and I talked to are going to lose Medicaid access. public, don’t try to create controver- several people there who showed me There are 23 million people who can sies around this nomination that don’t their absentee ballots because they had lose their insurance, potentially by the exist, and don’t try to put words in filled them out, and they were getting end of the year or early next year, if Democrats’ mouths. Listen to what we ready to mail them. this Justice gets confirmed to the are saying. What we are saying is that So voting is already underway, and Court. this nomination is about the future of this is no ordinary election. It comes

VerDate Sep 11 2014 05:16 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G30SE6.024 S30SEPT1 SSpencer on DSK126QN23PROD with SENATE September 30, 2020 CONGRESSIONAL RECORD — SENATE S5915 during a global pandemic, when cities healthcare but also for their childcare to approve a comprehensive funding relief and towns are struggling to stay afloat benefits. package to support our businesses. and Americans are trying to figure out They shared that they have concerns They go on to say: how they are going to continue to pay with the lack of availability of testing Although we—and our members—are grate- the rent and put food on the table. capability. They have had orders that ful for the support already allocated through With more than 200,000 Americans, in- never arrived at their facility, despite previous CARES Act funding relief packages, cluding 439 Granite Staters who have commitments from the companies who we know this economic crisis caused by COVID–19 is far from over. And for many, the died from COVID–19, we are still expe- are selling the tests. worst is yet to come. But the leadership and the staff at riencing as many as 40,000 new cases They finally conclude by saying: each day in this country. St. Joseph remain committed to serv- Our economy is struggling to get ing their community, as do all of the It is clear that without another round of assistance, many businesses will not survive back on its feet. There are still 11.5 hospitals across New Hampshire, so into 2021. many of whom are facing similar finan- million fewer workers employed since I ask unanimous consent that these cial difficulties and need additional the pandemic began, and many are un- letters, including the ones I just quoted able to go back to work because the help from the Federal Government. from, be printed in the RECORD. majority of our childcare centers re- I am hearing from people across my There being no objection, the mate- main closed out of safety concerns. We State who urgently need Federal help. rial was ordered to be printed in the I have had letters from people all still have so many schools, at least in RECORD, as follows: New Hampshire, where the students are across New Hampshire, representing NEW HAMPSHIRE COALITION AGAINST different industries in the State and working from home. If they are lucky, DOMESTIC & SEXUAL VIOLENCE, they are going to school part time and different segments of our communities. September 18, 2020. working from home part time, but I want to read an excerpt from a letter Hon. JEANNE SHAHEEN, most of them are not back in school that I received from Pamela Keilig, U.S. Senate, full time. who works with the New Hampshire Washington, DC. Treatment and recovery centers are Coalition Against Domestic Violence. DEAR SENATOR SHAHEEN: On behalf of the reporting that the overdose crisis has She says: New Hampshire Coalition Against Domestic and Sexual Violence and our 13 member pro- worsened because of the pandemic. In The pandemic has had grave consequences grams, we are writing with the urgent re- New Hampshire, where we saw in 2019 on the health and safety of survivors as they quest for additional COVID–19 relief funding for the first time in a number of years encounter ongoing barriers to accessing the to meet the continued and escalated needs of the overdose death rate began to fall, support they need. . . . Overall, the state- survivors of domestic and sexual violence in we are now seeing an increase again. wide hotlines have seen a 7 percent increase our state. Such funding is imperative to fur- in call volume compared to this time last ther the life-saving work of our crisis cen- We are also facing a looming eviction year. crisis and housing shortage that has ters, keep the lights on in our shelters, and Pamela’s letter goes on to highlight been exacerbated by COVID–19. help prevent violence in our communities. Over the last 6 months we have witnessed Yet, given this reality, what we are what is at stake if Congress refuses to act. She says: the full impact and extent of the pandemic seeing in the Senate is not an effort to unfold before us, and it is has become in- [P]rolonged inaction in providing addi- pass a bipartisan COVID–19 relief pack- creasingly evident that we have transitioned tional funding places survivors and their age that is actually going to help the into a sustained crisis in New Hampshire, families in increased jeopardy. . . . [T]he where every intersection of our work has millions who have been impacted by time to intervene is now. this pandemic. Instead, what we are been interrupted. Annually, our member pro- They need help now. seeing from the Republican leadership grams serve more than 15,000 survivors I also want to read a letter from here is a focus on quickly ramming through prevention education, court and Chris Coates, who is the county admin- hospital accompaniment, crisis counseling, through a nominee to serve on the Su- istrator for Cheshire County in New and housing support. Crisis centers have preme Court in just a few short weeks. Hampshire over in the western part of worked tirelessly to adapt service delivery While that is going on, we have seen our State that borders Vermont. and transform their advocacy efforts under Republican leadership in the Senate Chris’s letter describes the important incredible circumstances. Despite the resil- blocking bipartisan negotiations on a ience and innovation of crisis centers, long- role local governments are playing in COVID–19 relief bill. That has been term support is needed to maintain the work mitigating the spread of COVID–19. He going on since May, when we received and respond effectively to the needs of sur- says: the House bill called the Heroes Act. vivors and their families. The pandemic has had grave consequences During those last 4 months, businesses We are providing essential support and guidance to small businesses, record num- on the health and safety of survivors as they have been shuttered in New Hampshire bers of unemployed individuals, and those encounter ongoing barriers to accessing the and across this country; families have suffering from mental illness and substance support they need, while simultaneously ex- been evicted; hospitals have laid off abuse disorders. periencing more severe and lethal cases of staff. All of this is going on while the State and local leaders like Chris are violence and abuse. Crisis centers remain in- undated with service demands as abusers pandemic continues—more than 40,000 facing severe budgetary shortfalls. new cases a day. continue to utilize new ways to leverage They desperately need help from Con- power and control, noting an increase in Yesterday, I was in Nashua, the sec- gress. The State of New Hampshire ond largest city in New Hampshire, and calls from Child Advocacy Centers, male sur- alone expects to experience a budget vivors of domestic violence, and individuals I met with leadership from St. Joseph shortfall of nearly $540 million if Con- experiencing mental health crises. Overall, Hospital there. It is one of two hos- gress doesn’t provide additional sup- the statewide hotlines have seen a 7 percent pitals in Nashua, and it is one of the port. increase in call volume compared to last four hospitals that has treated the In his letter Chris Coates goes on to year. Moreover, victims of domestic violence most COVID cases of any of the hos- say: and sexual assault have a higher vulner- pitals in New Hampshire. Nashua is one ability to homelessness, substance abuse, Cheshire County is not looking for a spe- and poverty compared to the general popu- of the communities in New Hampshire cial handout. My request reflects the simple that has been hardest hit by the lation, requiring a greater number of inter- reality that county governments, along with ventions. coronavirus. our state and local partners, are dealing with New Hampshire’s housing crisis has made What I heard at the hospital was that immense challenges at the community level. it increasingly difficult to place survivors in COVID–19 has had a huge impact on Then I also heard from the Seacoast transitional or permanent housing, and this their facility. Despite the very much Chamber Alliance, which represents has been exacerbated since March. In 2019, needed injection of funds from the chambers of commerce in the commu- well before a global pandemic was on our CARES Act and assistance from the nities of Hampton, Exeter, Ports- radar, crisis centers provided shelter for over 400 survivors, accounting for more than Medicare advance payments loan pro- mouth, Dover, Somersworth, and Roch- gram, they are still forecasting signifi- 40,000 bed nights, and even then, had to turn ester. The Chamber Alliance says: away more than 3,000 adult and child sur- cant losses. They have had to furlough The Seacoast Chamber Alliance respect- vivors due to the lack of available services. employees, many of whom rely on their fully requests you and your colleagues in the Advocates have reported an increased need jobs at St. Joseph not just for their Senate work together in a bipartisan effort for housing support, as survivors experience

VerDate Sep 11 2014 05:16 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G30SE6.026 S30SEPT1 SSpencer on DSK126QN23PROD with SENATE S5916 CONGRESSIONAL RECORD — SENATE September 30, 2020 job loss and threat of homelessness due to vi- customers to the area and help to support economy. With our physical distance, olence at home. Most shelters across the numerous other businesses such as retailers though, our places in the economy have state have remained at capacity since the and service-oriented businesses. The loss of evaporated. In the absence of the PPP loan start of the pandemic, utilizing hotels to restaurants will create a ripple effect that program, it seems doubtful that our organi- house additional victims, often for extended will be catastrophic to downtown business zation would have been able to cover our stays lasting several weeks at a time. Crisis districts resulting in the closing of many payroll costs this summer, and our prospects centers remain deeply concerned about the other small businesses, loss of jobs and are looking increasingly dim if the federal consequences of not having enough housing empty buildings. government does not provide additional support, especially as we move into winter. Although hospitality businesses are facing funding to ensure the sustainability of essen- Despite added efforts to help domestic vio- an urgent need due to the change of season, tial community organizations like ours. Cul- lence and stalking victims access the legal many other businesses are still in need of as- tural and historic nonprofits are key to the system, there has been a severe decrease in sistance as well. Supply chain delays, slower local tourism economy, and to the economy the number of protective orders filed com- mail and shipping services and lower cus- of the region. We urge New Hampshire’s leg- pared to last year. In a state where over 50 tomer spending are resulting in businesses islators to support additional federal support percent of Lethality Assessment screenings seeing lower revenues and higher costs for for our community, and our economy. represent high risk of fatality, and where do- materials across all sectors. A great many of From a Catering Company: Our challenges mestic violence is a factor in nearly half of our businesses are not able to operate at full lie in people not being able to gather. Limits all homicides, there is an essential need to capacity and are furloughing employees as a on indoor get-togethers and events are our ensure that survivors are able to access result. main difficulty. Our corporate catering ac- every resource available to them, and re- Feedback from some of our members is counts have all but dried up due to people ceive the support needed to navigate the below. It is clear that without another round working remotely and not going into their legal system during a public health crisis. of assistance, many businesses will not sur- offices. Our wedding business is about half of The continued challenges that survivors vive into 2021. Please urge the Senate to vote what it was last year and that will all end in face in accessing vital services cannot be on a bipartisan bill and send the relief need- early November. Previous events that we had overstated; prolonged inaction in providing ed to ensure our business community’s sur- scheduled, like being an in house caterer for additional funding places survivors and their vival. a private club in Portsmouth, will not be families in increased jeopardy. At the onset Thank you for your consideration. gathering and thus a loss of over $45,000 for of the pandemic, crisis centers quickly iden- JOHN NYHAN, the winter season. We have come up with tified the immediate loss of funding due to President, Hampton some creative ways to bring in revenue but COVID–19 as annual fundraisers had to be Area Chamber of we will likely fall far short of the $20,000 we cancelled. It is projected that the total loss Commerce. need monthly for occupancy and to pay our of revenue for all 13 member programs will JENNIFER WHEELER, full-time staff. When we discuss our outlook be over one million dollars. This has required President, Exeter Area for the next 6 months, it’s looking for ways member programs to tap into unrestricted Chamber of Com- to survive that next 6 months. It will be very funding in order to meet the increased serv- merce. challenging and will likely cause us to go ice demands and needs of survivors, leaving VALERIE ROCHON, further into debt to maintain everything. ca- crisis centers with limited funding to cover Chief Collaborator, tering service and function hall. basic operating costs. Crisis center staff have Chamber Collabo- From a History Museum/Attraction: The been running an endless marathon over the rative of Greater museum’s fiscal year ends on March 31st—we last six months and are in great need for Portsmouth. project a $180,000 operating deficit. Up to this point we have been able to keep year-round Congress to rally behind them. MARGARET JOYCE, As we continue to acknowledge the full im- President, Greater staff [27] fully employed and a reasonable pact of COVID–19 on our field, we would be Dover Chamber of amount of programming, mostly focused on exceedingly grateful for further federal fund- Commerce. serving the schools. To reduce costs we hired far fewer seasonal employees [last year we ing to help us weather this storm. Centering ALLISON ST. LAURENT, the needs and experiences of survivors in fu- Executive Director, had about 65 part-time seasonal staff, this ture relief packages would be instrumental The Falls Chamber year a dozen.] Looking to 2021—I anticipate to the individuals that crisis centers serve of Commerce. that we will continue to run a significant deficit. This may result in some furloughing throughout the country. Survivors will feel LAURA RING, the impact of this pandemic on their lives President, Greater of some staff and reduction in programs, es- for months to come; the time to intervene is Rochester Chamber pecially special events that draw such large now. of Commerce. crowds to the city. No matter if the pan- Thank you for your continued dedication demic is under control with a vaccine or bet- FEEDBACK FROM MEMBERS to supporting survivors in New Hampshire, ter treatments, tourism will be down and and throughout the United States. From a small independent restaurant: philanthropy will be depleted for the most Sincerely, Most people are getting to a point that even part because of donor fatigue and signifi- PAMELA KEILIG, if congress needs to piecemeal a deal, we cantly reduced funds. I think 2021 will be Public Policy Specialist. need to get some funding. Those parts of the much harder for tourist—based businesses package that everyone agrees upon should be and cultural organizations. Unless there is a SEPTEMBER 22, 2020. funded, leaving aside that which is conten- significant change, older and middle age peo- Senator JEANNE SHAHEEN, tious. MUST be funded now. To hold up the ple [a major part of our audience] will not U.S. Senate, funding to small business, while the other travel in great numbers because of reduced Washington, DC. funding is being debated, isn’t helping any- funds or their reluctance to spend because of DEAR SENATOR SHAHEEN: The Seacoast one at all. Could help many small businesses the fluctuating economy. Chamber Alliance respectfully requests that by getting the funding out as quickly as pos- From a 501(c)(6) Membership Art Associa- you and your colleagues in the Senate work sible. At the end of the day, stop holding out tion: As a non-profit organization, we really together in a bipartisan effort to approve a for everything, agree on common ground, get need all the help we can get to stay in exist- comprehensive funding relief package to sup- it done, and get the funds out to those who ence. As an art oriented organization, we are port our businesses. desperately need it. finding it extremely challenging to get Although we—and our members—are grate- From a downtown Retail & Commercial grants and do other fund raising because ful for the support already allocated through Real Estate: I’m concerned that the level of much of the money available in grants, previous CARES Act funding relief packages, additional funding that Sen. Shaheen is sup- (other than the governor’s main street we know this economic crisis caused by porting may be more than necessary for funds), and from individuals, seems to be COVID–19 is far from over. And for many, the most circumstances and, more importantly, prioritized to more social oriented non-prof- worst is yet to come. will certainly add even more to the huge its—such as food banks, homeless shelters, As we head into the winter months, many debt that we are already leaving on the etc. We certainly realize these are very im- are seeing continued declines in business shoulders of the younger generations. I sug- portant at this time, but we also have to over concerns about a surge in coronavirus gest that they stop holding out to get every- have the ability for other nonprofits to get cases during what is typically the season for thing, but get SOMETHING—those things funding assistance. We have had to reinvent flu and other illnesses. they agree upon now—so our businesses can the way we do business by moving more of it Our restaurants and hospitality industry stay in business. They can argue about the online, which has meant increased staff in particular are seeing a lack of consumer contentious items later, which may or may costs, and software expenditures so things confidence in dining indoors. Restaurants not happen. remain a challenge for us. are often ‘destination businesses’ that at- From a Historic Museum: By our inter- From an Amusement Attraction: Thank tract patrons not just to their own business actions, based here at the historic museum, you for spearheadng this. I have to tell you, but serve as an attraction for other busi- on common interests in our past and our cul- this may be the most important battle we nesses located nearby. Downtown business tural heritage, we have played a significant have had to wage collectively. This is the districts rely heavily on restaurants to bring part in creating and maintaining a vibrant first time I’ve stopped and put what we are

VerDate Sep 11 2014 05:16 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\A30SE6.003 S30SEPT1 SSpencer on DSK126QN23PROD with SENATE September 30, 2020 CONGRESSIONAL RECORD — SENATE S5917 dealing with and what it could very well COVID–19 pandemic, and as we move closer who have lost their jobs—instead of mean for my family and our business into to 2021 with so many unknown fiscal reali- providing more resources for them, the words. The result? I cried for an hour. Please ties, I was extremely disappointed that the majority is hoping to confirm a nomi- fight for us. new supplemental aid package being consid- nee who would strike down healthcare From a Cultural/Tourist destination: We ered in the U.S. Senate left out new fiscal re- were closed for our 2020 season (this weekend lief or flexibility for county governments. coverage for people, including those would have been our closing weekend!). This As you look to the next stimulus or with preexisting conditions. resulted in the loss of over $3 million in in- CARES Act funding, I urge you to work with My colleague from Connecticut, Sen- come, and while we were able to reduce our the White House and leaders of both parties ator MURPHY, was very eloquent in expenses by $1.7 million, we still face a mas- in the House and Senate to resume negotia- talking about what the impact of strik- sive challenge this year, and uncertainty tions on a bipartisan relief package that pro- ing down the Affordable Care Act will about the status of our 2021 season. We did vides this missing direct, flexible aid to be. But the fundamental concern is receive both a PPP loan (which we antici- counties, cities and towns. With national pate will be fully forgiven) and a NERF that, instead of working together here numbers showing that last week that 1.7 mil- to help Americans who are struggling grant, which made a big difference for us— lion Americans filed new jobless and unem- but even this amazing support (totaling over ployment claims, we now stand with 30 mil- with this pandemic, what the majority $800K!) didn’t cover our losses for this fiscal lion Americans out of work. has chosen to do, what the Republicans year. However, nobody knows what is going If a new stimulus agreement is not reached in this Chamber have chosen to do, is to happen next year. We are in the process of prior to the seating of the new congress the to ram through a nominee who threat- considering benefit reductions, furloughs, fiscal ramification could be devastating. ens to erode these fundamental rights and possibly even layoffs for early 2021, de- Counties could be looking at tax payments pending on what happens. If an effective vac- while in the Court. from towns and cities that may be substan- cine is widely available and administered by Right now, Granite Staters and all tial short of normal revenues and services May or June (which is seeming less and less Americans need the Senate to work for that are dictated by state statute may need likely, we will be able to open safely. Having them, not for a partisan agenda to to be immediately reduced. A stimulus pack- said that, we can’t wait till June to make radicalize the Supreme Court. age that allows municipalities to utilize fed- tough decisions—so even if we can open, we eral funding to offset lost revenue could ad- I urge my colleagues on the other need additional support in the winter vert what may be a pending catastrophe for side of the aisle to set aside this effort months. And if we can’t open, we need even not just Cheshire County but the country. and to work together for the American more support. I can’t imagine where we Cheshire County is not looking for a spe- people to get people the help they so would be without the PPP loan and NERF cial handout. My request reflects the simple grant this year. If a vaccine isn’t forth- desperately need. reality that county governments, along with coming, we could be in the exact same posi- Thank you. our state and local partners, are dealing with tion next year, and would be looking for a I yield the floor. immense challenges at the community level. similar amount of funding. Star is open to The PRESIDING OFFICER. The Sen- Local governmental bodies are playing a the public and welcomes nearly 20,000 people ator from Nevada. significant role in mitigating the spread of a year. We consider ourselves stewards of PRESIDENTIAL DEBATE the COVID–19 virus. We are providing essen- this NH treasure, we are grateful with the tial support and guidance to small busi- Ms. ROSEN. Mr. President, I rise funding we received in 2020, and we know today to condemn President Trump’s that without continued support, our ability nesses, record numbers of unemployed individuals, and those suffering from mental ill- refusal to denounce White supremacy to continue to welcome guests and protect during last night’s Presidential debate. this important NH resource would be in jeop- nesses and substance use disorders. We re- ardy. Senator Shaheen has been an effective main steadfast in our focus to protect our At a time when this Nation is having advocate for our nonprofit organization (and most vulnerable residents such as at-risk a profound discussion about race—with many others), and I am happy she is con- children and seniors. anti-Semitism rearing its ugly head tinuing this fight. We understand the need for appropriate here in the United States and around public accountability standards, and the COUNTY OF CHESHIRE, the globe and the Nation being torn September 25, 2020. oversight guardrails that are in place for the existing and proposed legislation, and we apart over political differences—our Hon. JEANNE SHAHEEN, leaders, particularly our President, U.S. Senate, will meet those expectations. Our goal is to always ensure that all fed- must call out hate in all its forms. Washington, DC. Last night, the President failed to DEAR SENATOR SHAHEEN: I write to you eral resources are utilized wisely and respon- today in my position as County Adminis- sibly at the local level to address the imme- rise to the occasion, and he failed the trator for Cheshire County to first and fore- diate and far-reaching impacts of the current American people in doing so. On the most thank you for your leadership, guid- pandemic, and to make our nation more re- global stage in the year 2020, the leader ance and advocacy on this seemingly never- silient and safer at the individual commu- of the free world gave an unequivocal ending COVID–19 journey. nity level. I therefore request, with the utmost re- wink and nod to White supremacists, In the early days of COVID–19 your voice of racists, and neo-Nazis, all while the calm reassurance allowed us to know that we spect and gratitude for your tireless and had a friend in Washington and you and your steadfast work during this pandemic, that Nation and the world looked on in ab- staff provided us valuable guidance in the you continue to fight and advocate to your solute horror. early days of this virus. That guidance colleagues on both sides of the aisle. Not only did the President of our helped us deal with this tsunami of a pan- The urgency to agree upon a stimulus bill United States not condemn the White demic that came down upon our commu- prior to the new year that will address the supremacist violence that he has in- nities and up-ended our lives. needs of the counties, cities and towns in the cited during his tenure, he implicitly Your leadership in Washington has helped State of New Hampshire cannot be stressed gave them marching orders. strongly enough. The ability to access flexi- Cheshire County receive funding for PPE, When asked to condemn the hate stipends for our nursing home, sheriff’s depu- ble funding that allows municipal bodies to ties and Department of Corrections. We have address revenue shortfalls will strengthen all group, the Proud Boys, the President of received funding to cover for lost revenues at of our communities, but especially Cheshire the United States said that they should our nursing home and unemployment bene- County. ‘‘stand back and stand by.’’ Let me re- fits for those in-need living in Cheshire Again, thank you for your voice in Wash- peat. He gave the order for them to County. This is just a short list of the work ington, you make a difference. ‘‘stand back and stand by.’’ you have done on behalf of the citizens of CHRISTOPHER C. COATES, There is no justification for his words Cheshire County and I thank-you. County Administrator. or for his refusal to give a clear, direct, When Cheshire County needed you, you Mrs. SHAHEEN. So in the middle of were there, and continue to be today. As the and swift condemnation of White su- impact of the pandemic endures, the resi- this pandemic, the likes of which we premacy. dents of Cheshire County continue to feel the haven’t seen in more than 100 years, The President’s emboldening of vio- devastating impact on our health and eco- what we see here in the Senate is that lent extremists comes just as the FBI nomic structures. The Delivering Immediate Majority Leader MCCONNELL has and Department of Homeland Security Relief to America’s Families, Schools and prioritized moving a nominee who named White supremacist extremists Small Businesses Act which was voted down would enable the Court to strip away as the most significant terrorism-re- yesterday, fell short in many areas but espe- critical health protections that keep lated threat right here in the United cially for counties due to the lack of pro- Americans safe. viding direct flexible relief to counties, cities States. and towns of all sizes. Instead of providing more resources As a member of the Homeland Secu- At a time when so many Cheshire County for the businesses, the hospitals, the rity and Governmental Affairs Com- citizens are serving on the front lines of the healthcare providers, and the people mittee, I heard the FBI Director testify

VerDate Sep 11 2014 10:52 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\A30SE6.005 S30SEPT1 SSpencer on DSK126QN23PROD with SENATE S5918 CONGRESSIONAL RECORD — SENATE September 30, 2020 to this very point just last week. The We must speak out, and we must country adoptions involving immigra- message was clear: White supremacists take action. I urge my colleagues, tion to the United States and the coun- pose a dangerous and violent threat to again, on both sides of the aisle, not to try from which each child emigrates, our homeland. be complicit in their silence. I want the time required for completion of the Against this backdrop, the Presi- them all to join me. I want you all to adoption, and the information on the dent’s shocking remarks last night join me in denouncing White suprem- adoption agencies, their fees, and their were, in fact, a continuation of deeply acy, as President Trump failed to do, work. disturbing patterns of racist and anti- clearly and explicitly, in last night’s But to better tackle this issue, we Semitic behavior that this President debate. need to provide more transparency and has allowed to take place on his watch. This is not a partisan issue. It never accountability about some of the crit- Three years ago in Charlottesville, will be a partisan issue. ical factors affecting intercountry violent chaos and hatred were on full I hope all my colleagues join me in adoption. The Intercountry Adoption display for the world to see. As neo- denouncing hatred in all forms. Information Act adds additional key Nazis openly marched in the streets, I yield back. elements to this report by requiring they chanted: ‘‘Jews will not replace I suggest the absence of a quorum. the State Department to provide infor- us’’ and ‘‘blood and soil.’’ The PRESIDING OFFICER. The mation on, one, countries that have en- President Trump not only didn’t de- clerk will call the roll. acted policies to prevent adoptions nounce this anti-Semitic and racist The bill clerk proceeded to call the from the United States; two, actions rhetoric, he did something much worse. roll. the State Department has taken which He did something much worse. He Mr. BURR. Mr. President, I ask unan- have prevented adoptions to the United praised the White nationalists. He imous consent that the order for the States; and, three, for each of these, praised them as ‘‘very fine people.’’ quorum call be rescinded. how the State Department has worked These were not very fine people. The PRESIDING OFFICER. Without to encourage the resumption of inter- Just last month, a teen vigilante objection, it is so ordered. asked his mother to drive him across country adoptions. State lines to the protests in Kenosha f There are children around the world with a rifle. He went there to use it, INTERCOUNTRY ADOPTION whose only chance to grow up in a fam- and, in fact, he did. He took the life of INFORMATION ACT OF 2019 ily is through the Intercountry Adop- two people and shot a third. He has tion Program. There are families in the Mr. BURR. Mr. President, I rise to, in United States who are eager to open been charged with homicide and right- a minute, ask unanimous consent to ly so. Instead of condemning this act of their arms, their homes, their hearts to call up and pass the Intercountry these children. hatred, President Trump has hailed Adoption Information Act of 2019, but this murderer as a ‘‘hero.’’ I ask unanimous consent, at this first let me say that this is a strong bi- time, to call up and pass H.R. 1952, to But this is the norm for President partisan bill that was first introduced Trump. The President’s use of dog further transparency accountability in March of 2019, with Senators CARDIN, whistles and charged language gives a and to ensure we are working toward BLUNT, KLOBUCHAR, TILLIS, BROWN, and voice to White supremacy and empow- the goal of enabling all children to WICKER as original cosponsors. When have families which love them. I ask ers vigilantes. It is inexcusable, and it the House considered its version of the is indefensible. unanimous consent that the Com- bill last year, it passed 397 to 0. Let re- This rise in hatred that the President mittee on Foreign Relations be dis- peat that, 397 to 0. No House Member fails to condemn is one of the reasons charged from further consideration of why, last year, I cofounded the Senate objected to it. H.R. 1952 and the House proceed to its Our country is divided on many Bipartisan Task Force for Combating immediate consideration. Anti-Semitism. The goal of this bipar- issues right now, but one thing that The PRESIDING OFFICER. The tisan, nonpartisan endeavor is to help unites most of us is the belief that all clerk will report the bill by title. stop hate before it starts, to call out children deserve to grow up in a perma- The bill clerk read as follows: nent, loving home. This is a matter of bigotry and anti-Semitism wherever we A bill (H.R. 1952) to amend the Inter- see it—left, right, or center. I am proud justice and recognizing the intrinsic country Adoption Act of 2000 to require the of the work that we have done so far to dignity in every human being. Many, Secretary of State to report on intercountry push back on anti-Semitism right here many Americans have done more than adoptions from countries which have signifi- in the United States, in Europe, in the just hold this belief; they have acted on cantly reduced adoption rates involving im- Middle East, and around the world. it, adopting children both domestically migration to the United States, and for But the President’s silence and his and internationally. other purposes. disturbing call to arms to White su- According to the most recent avail- There being no objection, the com- premacist groups like the Proud Boys able statistics, however, intercountry mittee was discharged, and the Senate make our work that much harder. adoption has dramatically declined in proceeded to consider the bill. Some of the President’s defenders recent years. Last year, fewer than Mr. BURR. Mr. President, I ask unan- often write off his most troubling 3,000 children were adopted in the imous consent that the bill be consid- statements, claiming the President United States—down from nearly 23,000 ered read a third time and passed and misspoke or that we just don’t under- in 2004. There are numerous reasons for that the motion to reconsider be con- stand what he is trying to say or that this decline, many of which warrant sidered made and laid upon the table. is his speaking style or that he is just continued efforts to ensure that orphan The PRESIDING OFFICER. Without joking. children are given the chance to grow objection, it is so ordered. Let me be clear. He didn’t misspeak up in a loving home, whether in their The bill (H.R. 1952) was ordered to a last night. He didn’t make a joke last own country or here in the United third reading, was read the third time, night. And regardless of what others States. and passed. say, words matter. His words matter. We must address any barriers by ex- f He is the President of the United amining our own policies and how they States. are implemented and by working inter- SENATOR KAY HAGAN AIRPORT Let me say today, as the President nationally to help more children grow TRAFFIC CONTROL TOWER should have said last night—and I in- up in families. Mr. BURR. Mr. President, I now vite all of my colleagues here in this Each year, the State Department re- would like to talk about a special Chamber to join me in repeating this leases its annual report on inter- project in North Carolina which in- statement: I condemn White nation- country adoptions—a key document volves my former partner from North alism; I condemn racism; I condemn that keeps families, adoption agencies, Carolina, Senator Kay Hagan. anti-Semitism; and I condemn and de- and policymakers informed about the We are currently in the process of nounce the groups that promote these state of adoption. The report is pub- building a brand-new FAA tower at the vile ideologies, the Proud Boys among licly available, and it includes, among Piedmont Triad International Airport them. other things, the number of inter- in Greensboro, NC. The bill before us

VerDate Sep 11 2014 10:52 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G30SE6.029 S30SEPT1 SSpencer on DSK126QN23PROD with SENATE September 30, 2020 CONGRESSIONAL RECORD — SENATE S5919 would name the currently under-con- have today, but since the floor is va- As the vice chair of the Senate Com- struction air traffic tower after Sen- cant, let me take this opportunity to merce, Justice, Science, and Related ator Kay Hagan. say that the American people have just Agencies Appropriations Sub- The late Senator Hagan worked tire- seen that the Senate can function, the committee, I have worked with Mem- lessly to secure the funding for the new Senate can pass legislation, the Senate bers on both sides of the aisle to ensure tower, and it will serve as a fitting can find legislation that both sides that the Census Bureau has the re- tribute to her legacy as a Senator and agree on. sources it needs to ensure a complete her work on behalf of the citizens of Yes, we, quite frankly, have issues on and accurate 2020 census. This includes North Carolina. which we disagree, but why not spend securing, for the past several fiscal Once completed in 2022, the 180-foot the balance of this week, the balance of years, the entire amount that was re- tower will not only provide a state-of- this year, focused on the things that we quested by the administration, includ- the-art traffic facility for PTI Airport can find agreement on and come to this ing reserve funding, which has been but also serve other general aviation floor and debate them and pass them. critical to meet the challenges of the airports in a rather large geographic There are many more things that we COVID–19 pandemic. region. In one of her last public appear- agree upon, on both sides of the aisle, However, in addition to funding, the ances, in June of 2019, Senator Hagan than we disagree upon. Census needs sufficient time to get the was able to participate in the There are some hot-button issues job done right. To protect public groundbreaking ceremony of that FAA that we will probably never find una- health, on April 13, 2020, Census Direc- tower. nimity on, but there are many, many tor Steven Dillingham and Commerce This bill has bipartisan support in things that affect thousands, if not Secretary Wilbur Ross announced that the Senate, including Senators KLO- millions, of people’s lives in this coun- the Census Bureau would delay field BUCHAR, WARNER, and TILLIS. A com- try that we can do by simple unani- operations by 3 months and they asked panion bill has also been introduced in mous consent. It just takes a willing- Congress to delay reporting apportion- the House by Representative BUDD with ness of 100 members of the U.S. Senate ment and redistricting counts by 4 a majority of the delegation sup- to agree to take it up. months in order to ‘‘ensure the com- porting, including Representatives So I urge my colleagues on both sides pleteness and accuracy of the 2020 Cen- PRICE, BUTTERFIELD, and ADAMS. of the aisle: Don’t be the one or don’t This is a testament to Senator Hagan sus.’’ That was Census Director be part of the contingent that objects and shows how we can continue to Dillingham and Commerce Secretary to something. If it is in the best inter- work together to not only achieve Ross. Under this revised plan, the largest of this institution, of this country, great things for our constituents but est and most important field data col- of the American people, let it come up. also recognize the achievements of lection operation to follow up with Let it have a debate, and let it have a public servants like Kay Hagan. households that have been nonrespon- Madam President, I ask unanimous vote—hopefully, a unanimous consent sive would run until October 31. On a consent that the Senate proceed to the request like we have just seen. bipartisan basis, this request from the immediate consideration of S. 4762, in- I suggest the absence of a quorum. administration was welcomed. We want The PRESIDING OFFICER. The troduced earlier today. to give the Census both the time and The PRESIDING OFFICER (Mrs. clerk will call the roll. the resources that it needs to do the The bill clerk proceeded to call the BLACKBURN). The clerk will report the job right. bill by title. roll. Over the course of the summer, the The bill clerk read as follows: Mrs. SHAHEEN. Madam President, I Trump administration installed new ask unanimous consent that the order A bill (S. 4762) to designate the airport political appointees at the Census, and traffic control tower located at Piedmont for the quorum call be rescinded. a number of reports indicated that the Triad International Airport in North Caro- The PRESIDING OFFICER. Without Trump administration was looking to lina, as the ‘‘Senator Kay Hagan Airport objection, it is so ordered. rush the 2020 decennial census oper- Traffic Control Tower’’. CENSUS BUREAU ations so that Secretary Ross—despite There being no objection, the Senate Mrs. SHAHEEN. Madam President, what he said to us last spring—could proceeded to consider the bill. there is a lot going on in America right transmit the apportionment counts to Mr. BURR. Madam President, I ask now. We are in the middle of a pan- the President by December 31, 2020. unanimous consent that the bill be demic where we have lost over 200,000 Then, on August 3—just last month, considered read a third time and passed people. We have millions who are un- August 3—Census Director Dillingham and that the motion to reconsider be employed. We are only 34 days away announced that 2020 field data collec- considered made and laid upon the from a Presidential election. It is easy tion and self-response operations would table. to see that a lot of Americans could be shortened by a month, ending today, The PRESIDING OFFICER. Without have missed the fact that we are also September 30. This decision to curtail objection, it is so ordered. in the middle of a decennial census. operations was not based on the advice The bill (S. 4762) was ordered to be Under article I, section 2 of the Con- of career Census Bureau experts. Cen- engrossed for a third reading, was read stitution, since 1790, the United States the third time, and passed as follows: sus data collection operations are in- has conducted a census every 10 years. credibly complicated even under the S. 4762 The U.S. Census Bureau is currently best of conditions, but their com- Be it enacted by the Senate and House of Rep- executing the 2020 decennial census. As plexity is greatly exacerbated by the resentatives of the United States of America in we speak, census workers are con- Congress assembled, COVID–19 pandemic. In fact, this ducting interviews and filling out sur- SECTION 1. DESIGNATION. spring, experts made clear that a 4- The airport traffic control tower located at vey forms in every community in our month delay of statutory deadlines was Piedmont Triad International Airport in country despite the tremendous obsta- necessary. Greensboro, North Carolina, and any suc- cles that have been posed by COVID–19. In May, Tim Olson, Director for Field cessor airport traffic control tower at that Their work is of utmost importance. I Operations for the 2020 decennial cen- location, shall be known and designated as want to take this opportunity to thank sus, stated: the ‘‘Senator Kay Hagan Airport Traffic them for their very challenging efforts. Control Tower’’. We have passed the point where we could The 2020 census will dictate appor- even meet the current legislative require- SEC. 2. REFERENCES. tionment of the House of Representa- ment of December 31. We can’t do that any- Any reference in a law, map, regulation, more. document, paper, or other record of the tives for the next decade. In addition, United States to the airport traffic control Federal programs rely on census data That was back in May. tower referred to in section 1 shall be deemed to distribute more than $1.5 trillion in After the truncated data collection to be a reference to the ‘‘Senator Kay Hagan funding every year to States, local- operations were announced, a career of- Airport Traffic Control Tower’’. ities, individuals, and businesses. So ficial stated: SENATE BIPARTISANSHIP the stakes are high for the census, and It’s going to be impossible to complete the Mr. BURR. Madam President, that is we have only one chance to get it count in time. I’m very fearful we’re going to all the unanimous consent requests I right—one chance every 10 years. have a massive undercount.

VerDate Sep 11 2014 07:01 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G30SE6.031 S30SEPT1 SSpencer on DSK126QN23PROD with SENATE S5920 CONGRESSIONAL RECORD — SENATE September 30, 2020 I share this fear. I am deeply con- administration and Secretary of Com- Without objection, it is so ordered. cerned that cutting short data collec- merce Wilbur Ross to include a citizen- CLEAN WATER tion and processing operations during a ship question as part of the 2020 census Mr. DAINES. Madam President, global pandemic will necessitate and in an attempt to reduce participa- water is the most basic element of changes that will be detrimental to the tion in immigrant communities. Ulti- human life. In Montana, we depend on accuracy and completeness of the 2020 mately, Secretary Ross’s attempt to a steady supply of water to drink, to ir- decennial census. In particular, I am include a citizenship question was re- rigate our crops, to water our live- concerned that the Census Bureau will jected by the Supreme Court. stock, and to provide energy through reduce the number of attempts to We can’t let these latest attempts to hydropower. Water is a precious re- count households and significantly in- undermine the accuracy of the con- source, but there are still rural com- crease the use of less accurate data col- stitutionally mandated count succeed. munities in Montana that face chal- lection methods. This could lead to a Last week, a Federal court issued an lenges to access and that are in dire substantial undercount in historically injunction preventing the Census Bu- need of Federal assistance. The health hard-to-count areas. Those areas in- reau from ramping down operations and economic risks associated with the clude Native American, rural, and im- prematurely because there would be ir- lack of reliable water have increased migrant communities. An undercount reparable harm to communities from because of the current pandemic. would mean that these communities rushing the count. However, this could I stand here today to highlight three would be left disenfranchised, without just be temporary. In defying the bills that would ensure rural Montana proper political representation and court, earlier this week, the Census Bu- communities have access to water. without millions of dollars of Federal reau announced a mere 5-day delay so S. 1882 would allow the 130 family funding. that operations will now end on Octo- farms in the Kinsey Irrigation Com- We should be clear about the gravity ber 5. This is not long enough. The Cen- pany and Sidney Water Users Irriga- of this outcome. This would be a con- sus Bureau has also announced plans to tion District to continue the use of stitutional crisis that further under- appeal the court’s injunction. Pick-Sloan power, which they have mines faith in our governing institu- This is not solely a rural or an urban reasonably relied on for more than 74 tions. issue, a red State or a blue State prob- years. Thankfully, this bill has been I called for the Department of Com- lem. I hope my colleagues will listen to passed out of the U.S. Senate and now merce inspector general to investigate this because the States with the lowest awaits House consideration. I thank why the Trump administration sud- percentage of households counted are both Senate and House leadership for denly curtailed data collection oper- Alabama, Louisiana, Montana, South getting this bill to the finish line, and ations. I have also requested that the Carolina, Mississippi—Senator I urge my colleagues in the House to Government Accountability Office con- WICKER—and Georgia. Some of these pass it. Another Montana water priority is duct an investigation into how this States are on the bubble of gaining or the bipartisan St. Mary’s Reinvest- rushed timeline could affect data qual- losing Representatives, so an ment Act, which supports the St. Mary ity and the overall completeness of the undercount, which is a real risk if oper- and Milk River Project by allowing the census count. ations are rushed and shut down pre- reconstruction and restoration of the Last week, the Commerce inspector maturely, would have serious repercus- over 100-year-old infrastructure. I am general released a preliminary report, sions. proud to be working with the entire finding what we already knew: that the That is why I call on my colleagues Montana delegation on this important decision to accelerate the 2020 census to pass a 4-month extension of the bill that supplies over 18,000 water schedule was not made by the experts Census’s statutory deadlines so that users and municipalities along the Hi- at the Census Bureau and that rushed the Trump administration is compelled Line, including the Blackfeet Reserva- schedule increases the risk to the accu- to stick to the timeline it had originally announced. Congress already tion and Fort Belknap. racy of the 2020 census. The catastrophic failure of a drop missed an opportunity to address this In particular, the report raises that structure this past summer is proof issue as part of the continuing resolu- the curtailed timeline does not provide that Congress must pass this bipar- schedule flexibility in the case of nat- tion. tisan legislation. I spent time out there Again, there is bipartisan support for ural disasters. Unfortunately, over the in July and saw firsthand the cata- this extension, with a bipartisan bill last month, we have seen record strophic failure of that drop and why it filed. In addition, last month, a bipar- wildfires out West and several hurri- is so important to get this legislation canes in the gulf. This has delayed op- tisan group of 48 Senators sent a letter passed. This bill is critical for Mon- erations in those regions. to Senate and House leadership that tana’s families and Montana’s farmers The GAO came to a similar conclu- called for the inclusion of legislation and ranchers along the Hi-Line. sion, publishing a report last month to extend the statutory deadlines as I would also like to highlight my bi- that found that cutting the timeframe part of the next coronavirus relief partisan bill, the Clean Water for Rural for the 2020 census could increase the package, as the House has done in the Communities Act. It is hard to believe risk of an inaccurate count. One line updated Heroes Act that was released that there are approximately 40,000 from the inspector general’s report recently. We should also ensure that Americans across 12 counties in both really stuck with me. It said: the data collection operations, includ- Montana and North Dakota who cur- A statutory extension would permit the ing nonresponse followup and self-re- rently do not have access to water that Bureau to adhere, as closely as practicable, sponse, continue through October 31. is safe to drink. In fact, I have brought to the 2020 Census plan it developed over a It is imperative for the census to with me today some examples of the decade instead of the replan it developed count every person in the United drinking water that Montanans in the over a weekend. States and where one lives. This in- central and eastern parts of our State I hope my colleagues will review cludes communities that have had his- have shared with me. these reports. I know everybody is anx- torically low participation in decennial Here is a sample that literally came ious to go home. I am anxious to go censuses. The census is too important from the tap of the Arnesons. It is hard home. But I hope people will review to allow meddling for political gain. to believe we are in 2020 and that a these reports and join me in providing We must take action immediately to Montanan can open up a tap and see the Census Bureau the time the agency ensure that the Census Bureau takes water like this. needs. the time to get it right. This example came from the Good This last-minute attempt to shorten The PRESIDING OFFICER. The Sen- family. Again, it is yellow water, and data collection and data processing ator from Montana. this is black water. This is water that isn’t surprising, sadly. The Trump ad- Mr. DAINES. Madam President, I ask has literally come from the taps of ministration has made other attempts unanimous consent that I be permitted Montanans who live in the eastern part to manipulate the count for political to use props during my speech. of our State. gain. It has been well documented that The PRESIDING OFFICER. Is there You see, iron content in these im- political operatives have pushed the objection? pacted areas is nearly five times the

VerDate Sep 11 2014 07:01 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G30SE6.033 S30SEPT1 SSpencer on DSK126QN23PROD with SENATE September 30, 2020 CONGRESSIONAL RECORD — SENATE S5921 Safe Drinking Water Act’s standard, Greg Kelly had been lied to and was ing. The trial began a few days ago, and nearly all residents must rely on walking into a trap that had been de- and the court allowed prosecutors to bottled water. This water is so con- signed by Nissan executives and Japa- give a 6-hour presentation at the open- taminated that it is corrosive to appli- nese authorities. ing of the trial, with there being no si- ances, which requires residents to oper- According to emails obtained by multaneous English translation. ate water softeners to avoid damage. Bloomberg News, that Nissan executive They denied the same right to Mr. My bill would allow two regional, was working in collusion with Japa- Kelly. He has yet to make his opening rural water systems to be rebuilt in nese prosecutors to disrupt a merger statement. Instead of letting Mr. Kelly order to provide Montanans access to between Nissan and the French auto speak in his own defense, the court reliable, safe water in central and east- company, Renault. Greg Kelly was in- then recessed for 2 weeks. ern Montana. I don’t think that is ask- volved in negotiating that merger. The proceedings have been incredibly ing for too much. All we are asking for Their plan required framing him for slow and will continue to be incredibly is reliable and safe water for thousands bogus financial crimes and throwing slow. The trial is expected to last more of Montanans. Both of these rural him under the bus. than a year because Japanese rules drinking water projects have been While he was en route to Tokyo, Nis- allow the prosecutors to meet at the working with the Bureau of Reclama- san executives launched a ‘‘boardroom trial for only 6 days per month and also tion for over 15 years to gain Federal coup’’ to strip Mr. Kelly of his position. because the court refused to allow si- authorization, and they can’t wait any Government prosecutors seized his multaneous English translation at the longer. boss, Carlos Ghosn, chairman of the trial. I rise on behalf of the 40,000 Mon- board of Nissan, for allegedly under- This is a stark reminder of how for- tanans who lack access to clean water, reporting his income—another bogus tunate we are in this country, under and I urge the swift passage of the charge. our Constitution, which guarantees the Clean Water for Rural Communities Hours later, upon his arrival at the right to a speedy trial. Act as well as the St. Mary’s Reinvest- airport, Mr. Kelly was arrested on I have zero confidence that the Japa- ment Act. these trumped-up charges. Mr. Kelly nese criminal justice system will give I yield the floor. was treated with cruelty by Japanese Mr. Kelly a fair trial. The fix was in for The PRESIDING OFFICER. The Sen- authorities from day one. He was kept him from the beginning. His being ator from Mississippi. in solitary confinement for 34 days. lured to Japan, his wrongful arrest, his GREG KELLY This American citizen, this resident of deplorable treatment in solitary con- Mr. WICKER. Madam President, I the State of Tennessee, was kept in sol- finement and in court are a scandal have a serious matter to discuss with itary confinement, where he slept on worthy of Vladimir Putin, not our al- the Senators about the U.S. relation- the floor in the dead of winter and had lies in Japan. It should be an embar- ship with our ally Japan. no heat. He was interrogated daily, for rassment for any modern democracy. Japan has been a valued American several hours at a time, without having This is a matter that should have partner in the Pacific. It is our fourth the presence of a defense counsel—a been resolved in the board room and by largest trading partner and a close basic legal right. shareholders. This needless ordeal military ally. Our nations are better This is the treatment given to our sends an unmistakable message to the off because of the alliance between American citizen by Japanese authori- American business community: If you Japan and the United States, and I ties. His requests for medical attention do business in Japan, you had better hope it grows stronger in the days were refused. When they did eventually watch your back. When it suits Japa- ahead. allow him to get surgery, it was too nese interests, they could set a trap for I regret that today I must be sharply late to do much good, and, predictably, you, throw you under the bus, put you critical of the Japanese Government. I Greg Kelly’s physical condition got in prison, deprive you of your rights to rise to express concern over Japan’s worse. Thankfully, Mr. Kelly was even- counsel and your rights to return unjust treatment of an American cit- tually allowed to live in a Tokyo apart- home, and waste years of your life izen, Greg Kelly. It is a concern that ment while he awaited trial. His trial needlessly. That is the message it raises questions about whether Ameri- began only this month—more than 650 sends to the American business com- cans can be comfortable about Japan’s days after his arrest. munity. adherence to the basic rule of law. Mr. With regard to former CEO Carlos This is a shameful story for an ally of Kelly has become the latest victim of Ghosn, in a celebrated escapade, Mr. the United States, and it looms as an Japan’s criminal justice system. Some Ghosn was able to escape from Japan ominous shadow over the coming have called it a hostage justice system. to his native Lebanon after being re- Tokyo Olympic Games, the recently Even some leaders in Japan have called leased on bail, but Greg Kelly remains completed U.S.-Japan agreement, and it a hostage justice system, because it in Japan to this day and vehemently future trade negotiations. is. It is unfair, harsh, and arbitrary. denies the charges against him. Our two nations have shared in pros- Japanese prosecutors have an alarming It is noteworthy that the CEO of Nis- perity for decades because of mutual conviction rate of 99 percent, which is san, Hiroto Saikawa, was involved in respect and mutual cooperation. I hope clearly designed to produce guilty ver- the same negotiations as Mr. Kelly. In our Japanese friends will show a re- dicts. other words, if Mr. Kelly is guilty of a newed interest in preserving that rela- Greg Kelly is a Tennessee resident financial crime, so is Mr. Saikawa. Yet, tionship, which has been harmed by the who joined Nissan in 1988 and became a instead of being arrested, he was al- Greg Kelly fiasco. respected employee. He rose steadily lowed to simply resign. The newly installed Prime Minister within the company and in June of 2012 Japanese leaders may deny it, but it of Japan, Prime Minister Suga, needs became the first American to join Nis- looks an awful lot like there is a dou- to intervene in this matter. Japan san’s board. Yet, shortly before ble standard in Japan’s justice sys- needs to right this wrong and end this Thanksgiving of 2018, his 30-year career tem—a lenient standard for native Jap- highly visible stain on its international at Nissan came to a crashing halt—a anese and a much harder one for Amer- reputation. troubling halt to his career and to fun- icans. This double standard is not lost I yield the floor. damental fairness. on American businesses, and it is not The PRESIDING OFFICER. The Sen- A company executive lured him to lost on this Senator. Japan should ator from Vermont. Tokyo for what was supposed to be an worry about the consequences of its be- H.R. 8337 urgent business meeting. Mr. Kelly was havior. A perceived legal bias could put Mr. LEAHY. Madam President, 2 weeks away from having badly needed a seriously chilling effect on our eco- today, we in the Senate will vote on a neck surgery and was hesitant to trav- nomic relationship as more Americans continuing resolution to keep the gov- el internationally, but the Nissan exec- think twice about doing business in ernment funded through December 11, utive assured him he would be home Japan or doing business with Japan. 2020. It is the last day we can do that. within a week, so Mr. Kelly boarded a Mr. Kelly’s treatment in the Japa- I strongly urge all Members to vote Nissan corporate jet to Tokyo. In fact, nese courtroom has been no less appall- aye. The last thing our country needs

VerDate Sep 11 2014 10:52 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G30SE6.034 S30SEPT1 SSpencer on DSK126QN23PROD with SENATE S5922 CONGRESSIONAL RECORD — SENATE September 30, 2020 is a government shutdown in the mid- every single town, represented by every stead of doing their job and considering dle of a global pandemic and an unprec- single Senator in this body. and passing full-year appropriations edented economic crisis. Look what is happening across our bills and a desperately need a COVID Now, the bill we are considering country. Schools are struggling to safe- relief bill, Senate Republicans have fo- passed the House by a wide margin to ly educate our Nation’s children, in cused this year almost entirely on show they were doing their job—some- both the classroom and, where nec- packing the courts with rightwing, ex- times a rarity in Washington. It pro- essary, remotely, without enough fund- treme judges. Faced with an unprece- vides funding for the government ing to do so. dented health and economic crisis, does through December 11 at fiscal year 2020 More than 9 million children do not this spur Republicans to action? No. funding levels and under the same have access to the internet in their But what does? Aha. A Supreme Court terms and conditions contained in the homes. In normal times, this would set vacancy in an election year that under fiscal year 2020 appropriations bills. these children far behind their more af- their own precedent—under Republican It also includes several authorization fluent peers who can access online edu- precedent—should not be filled until matters to extend programs that other- cational resources. By doing nothing— the American people have their say in wise would expire, including important by doing nothing, at a time when much November. All of a sudden, they are health and transportation and veterans of our Nation’s children are remote ready to go to work. That is shameful. programs. learning, Senate Republicans and At least on that, wait until the elec- Now, I am pleased the bill includes President Trump are choosing to leave tion. Let the American people speak. the emergency USCIS Stopgap Sta- these children behind, and these chil- You know, it is frustrating because bilization Act. This will help prevent dren are all over the Nation, in every we could have passed every one of furloughs of Federal employees at the single State, and they are being left be- those appropriations bills and not be U.S. Citizenship and Immigration Serv- hind. Inaction is a choice, and that faced with this. And I bet they would ices, many of whom work in my home choice is to actively prop up the cycle have passed overwhelmingly. State of Vermont. of poverty for yet another generation. So if Senate Republicans want to Now, these are dedicated Federal em- Look at the lines at our food banks. keep the Senate in session during Octo- ployees. They perform critical work, They are at a historic level during this ber, I say do it. There is plenty of work helping immigrants apply for citizen- enormous economic downturn. Today, left undone. The Senate could act on ship and visas and asylum, and they in America, the wealthiest country in the fiscal year 2021 appropriations bills, have come to work every single day the world, one in four households are a COVID relief bill, or any one of the living under the threat of furloughs for experiencing food insecurity during hundreds of bills the House has passed months now, in the middle of a global this pandemic. that are currently bottled up in Sen- pandemic, and all the while continuing Nobody in this room has looked their ator MCCONNELL’s legislative grave- their important work. child in the eyes with the knowledge yard. While I believe more fiscal year re- that you do not know where the next But these pressing needs—pressing forms and stronger oversight are need- meal will come from. Think of those needs of people going hungry, being thrown out of their homes, not getting ed at USCIS, this legislation will help people who do, day by day, have to the medical care they need, facing the stave off the immediate crisis while we look at their children, knowing that danger of COVID, something the Presi- work on a longer term solution. they don’t know where their next meal dent said would go away in the spring— I am also glad the bill includes near- is coming from and how they are going their needs are being ignored while Re- ly $8 million for child nutrition pro- to feed these children. publicans focus on filling a vacancy to grams, especially the extension of the Inaction here and at the White House the Supreme Court that should right- Pandemic Electronic Benefits Transfer. is a choice to let that child go hungry fully remain vacant until a month That is the P-EBT Program. That is and force their parents to live with from now when the people have spoken important because it provides millions that terrible pain that comes when you at the polls. of children with additional monthly cannot put enough food on the table for Congress is failing the American peo- benefits for food purchases while your family. ple because Republicans, led by Presi- schools are closed. And this assistance Families are struggling to pay rent dent Trump, care more about securing is desperately needed as families across and eviction moratoriums have expired a hyperpartisan Supreme Court than the Nation struggle to make ends meet across the country in every State. In the health and safety of the American and to put food on the table. July, it was reported that, in this econ- people—all people. It doesn’t matter Now, I support the continuing resolu- omy, more than 43 million Americans— their politics in this country. It is that tion. It is what I do in my role as vice one-quarter of the adult population of simple. chairman of the Appropriations Com- this country—either missed a rent or Now, I remain committed to committee, and I urge my colleagues to do mortgage payment or had little to no pleting the fiscal year 2021 appropria- the same. confidence they could make the next tions bills. I want to produce bipar- But I cannot help but note the reason payment. That was two rent or mort- tisan bills before the CR expires on De- we need this is because of a dysfunc- gage payments ago, with no relief. cember 11. I think Chairman SHELBY tional Congress. It is a symptom of More than 31 million Americans were shares this commitment. I look for- that. It is a senseless and entirely unemployed in August; 163,735 busi- ward to working with him to complete avoidable, made-in-Washington crisis. nesses have closed, and 97,066 of those our work. The Senate Appropriations Com- have closed permanently. When he was not blocked by his own mittee should have been allowed to do States don’t have the money they party’s leadership, we passed, by over- its work. We could have completed all need to safely carry out an election whelming margins, all of the appro- 12 appropriations bills months ago, and that is only 34 days away and in the priations bills. Let’s work to complete the majority of those bills would have middle of a pandemic. our work. But for now, let’s remove the had overwhelmingly bipartisan support Without a legislative change extend- threat of any more chaos in this coun- of both Republicans and Democrats. ing critical deadlines, our ability to try—prevent a government shutdown Apparently, the Republican leader achieve a fair and accurate count in by passing this bill. I urge all Members did not want to allow that to happen, the 2020 census remains a risk—a cen- of both parties to vote aye on the con- so we are left with a continuing resolu- sus that is required under the Constitu- tinuing resolution. tion. It simply kicks the can down the tion of the United States, a Constitu- I suggest the absence of a quorum. road. tion we all have taken an oath to up- The PRESIDING OFFICER. The Not only did we not complete our hold. clerk will call the roll. work on the fiscal year 2021 appropria- American people are suffering, and The legislative clerk proceeded to tions bills, the Senate has not acted on politics are being played to keep that call the roll. a much needed COVID relief bill to ad- suffering continuing. But it is infuri- Mr. MCCONNELL. Mr. President, I dress the impacts of the pandemic ating that the Republican leadership ask unanimous consent that the order found in every town across America— refuses to acknowledge this reality. In- for the quorum call be rescinded.

VerDate Sep 11 2014 07:01 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G30SE6.037 S30SEPT1 SSpencer on DSK126QN23PROD with SENATE September 30, 2020 CONGRESSIONAL RECORD — SENATE S5923 The PRESIDING OFFICER (Mr. NAYS—10 NAYS—46 CRAMER). Without objection, it is so or- Blackburn Johnson Scott (FL) Baldwin Heinrich Reed dered. Braun Lee Toomey Bennet Hirono Rosen Cruz Loeffler Blumenthal Jones Schatz MOTION TO TABLE AMENDMENT NO. 2663 Hawley Paul Booker Kaine Schumer Brown King Mr. MCCONNELL. Mr. President, I Shaheen NOT VOTING—6 Cantwell Klobuchar move to table amendment No. 2663. Sinema Alexander Moran Sanders Cardin Leahy Smith The PRESIDING OFFICER. The Harris Rubio Tester Carper Lee Stabenow Casey Manchin Udall question is on agreeing to the motion. Coons Markey The bill (H.R. 8337) was passed. Van Hollen The motion was agreed to. Cortez Masto Menendez The PRESIDING OFFICER. The ma- Warner The amendment (No. 2663) was ta- Duckworth Merkley jority leader. Durbin Murphy Warren bled. Feinstein Murray Whitehouse Wyden Mr. MCCONNELL. Mr. President, I f Gillibrand Paul know of no further debate on H.R. 8337. Hassan Peters The PRESIDING OFFICER. Is there UIGHUR INTERVENTION AND NOT VOTING—6 further debate? GLOBAL HUMANITARIAN UNI- Alexander Moran Sanders Harris Rubio Tester If not, the clerk will read the title of FIED RESPONSE ACT OF 2019— the bill for the third time. LAYING DOWN HOUSE MESSAGE The motion was agreed to. f The bill was ordered to a third read- Mr. MCCONNELL. Mr. President, I ing and was read the third time. ask that the Chair lay before the Sen- UIGHUR INTERVENTION AND The PRESIDING OFFICER. The bill ate the House message to accompany GLOBAL HUMANITARIAN UNI- having been read the third time, the S. 178. FIED RESPONSE ACT OF 2019 question is, Shall the bill pass? The Presiding Officer laid before the The PRESIDING OFFICER. The Mr. MCCONNELL. Mr. President, I Senate the following message from the Chair lays before the Senate the fol- ask for the yeas and nays. House of Representatives: lowing message from the House. The PRESIDING OFFICER. Is there a Resolved, That the bill from the Senate (S. The senior assistant legislative clerk sufficient second? 178) entitled ‘‘An Act to condemn gross read as follows: There appears to be a sufficient sec- human rights violations of ethnic Turkic Resolved, That the bill from the Senate (S. ond. Muslims in Xinjiang, and calling for an end 178) entitled ‘‘An Act to condemn gross to arbitrary detention, torture, and harass- The clerk will call the roll. human rights violations of ethnic Turkic ment of these communities inside and out- Muslims in Xinjiang, and calling for an end The legislative clerk called the roll. side China.’’, do pass with an amendment. to arbitrary detention, torture, and harass- Mr. THUNE. The following Senators Mr. MCCONNELL. I ask for the yeas ment of these communities inside and out- are necessarily absent: the Senator and nays. side China.’’, do pass with an amendment. from Tennessee (Mr. ALEXANDER), the The PRESIDING OFFICER. Is there a Pending: Senator from Kansas (Mr. MORAN), and sufficient second? McConnell motion to concur in the amend- the Senator from Florida (Mr. RUBIO). There appears to be a sufficient sec- ment of the House of Representatives to the Further, if present and voting, the bill, with McConnell Amendment No. 2652, in ond. the nature of a substitute. Senator from Tennessee (Mr. ALEX- The clerk will call the roll. ANDER) would have voted ‘‘yea’’ and the The PRESIDING OFFICER. The ma- The bill clerk proceeded to call the Senator from Florida (Mr. RUBIO) jority leader. roll. would have voted ‘‘yea.’’ Mr. MCCONNELL. Mr. President, I Mr. THUNE. The following Senators ask for the yeas and nays on the pend- Mr. DURBIN. I announce that the are necessarily absent: the Senator Senator from California (Ms. HARRIS), ing motion to concur with amendment from Tennessee (Mr. ALEXANDER), the the Senator from Vermont (Mr. SAND- No. 2652. Senator from Kansas (Mr. MORAN), and ERS), and the Senator from Montana The PRESIDING OFFICER. Is there a the Senator from Florida (Mr. RUBIO). (Mr. TESTER) are necessarily absent. sufficient second? Further, if present and voting, the The PRESIDING OFFICER. Are there There appears to be a sufficient sec- Senator from Tennessee (Mr. ALEX- any other Senators in the Chamber de- ond. ANDER) would have voted ‘‘Yea’’ and The yeas and nays were ordered. siring to vote? the Senator from Kansas (Mr. MORAN) AMENDMENT NO. 2673 TO AMENDMENT NO. 2652 The result was announced—yeas 84, would have voted ‘‘Yea.’’ Mr. MCCONNELL. Mr. President, I nays 10, as follows: Mr. DURBIN. I announce that the have a second-degree amendment to [Rollcall Vote No. 197 Leg.] Senator from California (Ms. HARRIS), the motion to concur with amendment YEAS—84 the Senator from Vermont (Mr. SAND- No. 2673. Baldwin Fischer Peters ERS), and the Senator from Montana The PRESIDING OFFICER. The Barrasso Gardner Portman (Mr. TESTER) are necessarily absent. clerk will report. Bennet Gillibrand Reed The PRESIDING OFFICER. Are there The senior assistant legislative clerk Blumenthal Graham Risch Blunt Grassley Roberts any other Senators in the Chamber de- read as follows: Booker Hassan Romney siring to vote? The Senator from Kentucky [Mr. MCCON- Boozman Heinrich Rosen The result was announced—yeas 48, NELL], for Mr. TILLIS, proposes an amend- Brown Hirono Rounds ment numbered 2673 to amendment No. 2652. Burr Hoeven Sasse nays 46, as follows: Cantwell Hyde-Smith Schatz [Rollcall Vote No. 198 Leg.] Mr. MCCONNELL. Mr. President, I Capito Inhofe Schumer YEAS—48 ask unanimous consent that the read- Cardin Jones Scott (SC) ing of the amendment be dispensed Carper Kaine Shaheen Barrasso Ernst Perdue Casey Kennedy Shelby Blackburn Fischer Portman with. Cassidy King Sinema Blunt Gardner Risch The PRESIDING OFFICER. Is there Collins Klobuchar Smith Boozman Graham Roberts objection? Coons Lankford Stabenow Braun Grassley Romney Cornyn Leahy Sullivan Burr Hawley Rounds Without objection, it is so ordered. Cortez Masto Manchin Thune Capito Hoeven Sasse (The amendment is printed in today’s Cotton Markey Tillis Cassidy Hyde-Smith Scott (FL) RECORD under ‘‘Text of Amendments.’’) Cramer McConnell Udall Collins Inhofe Scott (SC) MOTION TO TABLE Crapo McSally Van Hollen Cornyn Johnson Shelby Daines Menendez Warner Cotton Kennedy Sullivan Mr. MCCONNELL. Mr. President, I Duckworth Merkley Warren Cramer Lankford Thune move to table amendment No. 2673, and Durbin Murkowski Whitehouse Crapo Loeffler Tillis I ask for the yeas and nays. Enzi Murphy Wicker Cruz McConnell Toomey Ernst Murray Wyden Daines McSally Wicker The PRESIDING OFFICER. Is there a Feinstein Perdue Young Enzi Murkowski Young sufficient second?

VerDate Sep 11 2014 07:01 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G30SE6.039 S30SEPT1 SSpencer on DSK126QN23PROD with SENATE S5924 CONGRESSIONAL RECORD — SENATE September 30, 2020 There appears to be a sufficient sec- States District Judge for the Southern The PRESIDING OFFICER. The ond. District of Florida. question is on agreeing to the motion. The clerk will call the roll. CLOTURE MOTION The motion was agreed to. The senior assistant legislative clerk Mr. MCCONNELL. Mr. President, I f called the roll. send a cloture motion to the desk. Mr. THUNE. The following Senators The PRESIDING OFFICER. The clo- EXECUTIVE SESSION are necessarily absent: the Senator ture motion having been presented from Tennessee (Mr. ALEXANDER), the under rule XXII, the Chair directs the Senator from Kansas (Mr. MORAN), and clerk to read the motion. EXECUTIVE CALENDAR the Senator from Florida (Mr. RUBIO). The senior assistant legislative clerk Mr. MCCONNELL. Mr. President, I Further, if present and voting, the read as follows: move to proceed to executive session to Senator from Tennessee (Mr. ALEX- CLOTURE MOTION consider Calendar No. 864. ANDER) would have voted ‘‘nay’’ and We, the undersigned Senators, in accord- The PRESIDING OFFICER. The the Senator from Kansas (Mr. MORAN) ance with the provisions of rule XXII of the question is on agreeing to the motion. would have voted ‘‘nay.’’ Standing Rules of the Senate, do hereby The motion was agreed to. Mr. DURBIN. I announce that the move to bring to a close debate on the nomi- The PRESIDING OFFICER. The Senator from California (Ms. HARRIS), nation of Aileen Mercedes Cannon, of Flor- clerk will report the nomination. ida, to be United States District Judge for the Senator from Vermont (Mr. SAND- The senior assistant legislative clerk the Southern District of Florida. ERS), and the Senator from Montana Mitch McConnell, John Barrasso, David read the nomination of J. Philip (Mr. TESTER) are necessarily absent. Perdue, Thom Tillis, Tom Cotton, Mike Calabrese, of Ohio, to be United States The PRESIDING OFFICER. Are there Rounds, Roger F. Wicker, Kevin District Judge for the Northern Dis- any other Senators in the Chamber de- Cramer, Martha McSally, Richard trict of Ohio. siring to vote? Burr, Mike Crapo, Steve Daines, Mar- CLOTURE MOTION sha Blackburn, John Thune, James E. The result was announced—yeas 47, Mr. MCCONNELL. Mr. President, I Risch, Mike Braun, Tim Scott. nays 47, as follows: send a cloture motion to the desk. [Rollcall Vote No. 199 Leg.] f The PRESIDING OFFICER. The clo- YEAS—47 LEGISLATIVE SESSION ture motion having been presented Baldwin Hassan Peters Mr. MCCONNELL. Mr. President, I under rule XXII, the Chair directs the Bennet Heinrich Reed move to proceed to legislative session. clerk to read the motion. Blumenthal Hirono Rosen The senior assistant legislative clerk Booker Jones Schatz The PRESIDING OFFICER. The Brown Kaine Schumer question is on agreeing to the motion. read as follows: Cantwell King Shaheen The motion was agreed to. CLOTURE MOTION Cardin Klobuchar Sinema f We, the undersigned Senators, in accord- Carper Leahy Smith Casey Lee ance with the provisions of rule XXII of the Stabenow Coons Manchin EXECUTIVE SESSION Standing Rules of the Senate, do hereby Udall Cortez Masto Markey move to bring to a close debate on the nomi- Van Hollen Cruz Menendez nation of J. Philip Calabrese, of Ohio, to be Duckworth Merkley Warner EXECUTIVE CALENDAR Warren United States District Judge for the North- Durbin Murphy ern District of Ohio. Feinstein Murray Whitehouse Mr. MCCONNELL. Mr. President, I Gillibrand Paul Wyden move to proceed to executive session to Mitch McConnell, John Barrasso, David consider Calendar No. 862. Perdue, Thom Tillis, Tom Cotton, Mike NAYS—47 Rounds, Roger F. Wicker, Kevin The PRESIDING OFFICER. The Barrasso Fischer Portman Cramer, Martha McSally, Richard Blackburn Gardner Risch question is on agreeing to the motion. Burr, Mike Crapo, Steve Daines, Mar- Blunt Graham Roberts The motion was agreed to. sha Blackburn, John Thune, James E. Boozman Grassley Romney The PRESIDING OFFICER. The Risch, Mike Braun, Tim Scott. Braun Hawley Rounds clerk will report the nomination. Burr Hoeven f Sasse The senior assistant legislative clerk Capito Hyde-Smith Scott (FL) Cassidy Inhofe Scott (SC) read the nomination of Toby Crouse, of LEGISLATIVE SESSION Collins Johnson Shelby Kansas, to be United States District Cornyn Kennedy Mr. MCCONNELL. Mr. President, I Sullivan Cotton Lankford Judge for the District of Kansas. move to proceed to legislative session. Thune Cramer Loeffler CLOTURE MOTION Tillis The PRESIDING OFFICER. The Crapo McConnell Mr. MCCONNELL. Mr. President, I Daines McSally Toomey question is on agreeing to the motion. Enzi Murkowski Wicker send a cloture motion to the desk. The motion was agreed to. Ernst Perdue Young The PRESIDING OFFICER. The clo- f NOT VOTING—6 ture motion having been presented under rule XXII, the Chair directs the EXECUTIVE SESSION Alexander Moran Sanders Harris Rubio Tester clerk to read the motion. The senior assistant legislative clerk The motion was rejected. read as follows: EXECUTIVE CALENDAR The PRESIDING OFFICER. The ma- CLOTURE MOTION jority leader. Mr. MCCONNELL. Mr. President, I We, the undersigned Senators, in accord- move to proceed to executive session to f ance with the provisions of rule XXII of the consider Calendar No. 865. EXECUTIVE SESSION Standing Rules of the Senate, do hereby The PRESIDING OFFICER. The move to bring to a close debate on the nomination of Toby Crouse, of Kansas, to be question is on agreeing to the motion. United States District Judge for the District The motion was agreed to. EXECUTIVE CALENDAR of Kansas. The PRESIDING OFFICER. The Mr. MCCONNELL. Mr. President, I Mitch McConnell, John Barrasso, David clerk will report the nomination. move to proceed to executive session to Perdue, Thom Tillis, Tom Cotton, Mike The senior assistant legislative clerk consider Calendar No. 863. Rounds, Roger F. Wicker, Kevin read the nomination of James Ray Cramer, Martha McSally, Richard The PRESIDING OFFICER. The Knepp II, of Ohio, to be United States Burr, Mike Crapo, Steve Daines, Mar- District Judge for the Northern Dis- question is on agreeing to the motion. sha Blackburn, John Thune, James E. The motion was agreed to. Risch, Mike Braun, Tim Scott. trict of Ohio. CLOTURE MOTION The PRESIDING OFFICER. The f clerk will report the nomination. Mr. MCCONNELL. Mr. President, I The senior assistant legislative clerk LEGISLATIVE SESSION send a cloture motion to the desk. read the nomination of Aileen Mer- Mr. MCCONNELL. Mr. President, I The PRESIDING OFFICER. The clo- cedes Cannon, of Florida, to be United move to proceed to legislative session. ture motion having been presented

VerDate Sep 11 2014 07:01 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G30SE6.041 S30SEPT1 SSpencer on DSK126QN23PROD with SENATE September 30, 2020 CONGRESSIONAL RECORD — SENATE S5925 under rule XXII, the Chair directs the Under General Secretary of the Com- partisan resolution calling on the clerk to read the motion. munist Party Xi, 1 million Uighurs International Olympic Committee to The senior assistant legislative clerk have been placed in concentration rebid the 2022 games to a country that read as follows: camps simply because of their religion. recognizes and respects human rights. CLOTURE MOTION The Xi regime is reportedly performing This isn’t about a boycott. I am abso- We, the undersigned Senators, in accord- forced abortions and forced steriliza- lutely opposed to a boycott, and it is ance with the provisions of rule XXII of the tion of Uighur women. not about politics. This is a fight about Standing Rules of the Senate, do hereby The Communist Party of China is human rights, which transcends poli- move to bring to a close debate on the nomi- harvesting organs from Uighurs and tics. nation of James Ray Knepp II, of Ohio, to be members of the Falun Gong. The Com- Moving the Olympic Games out of United States District Judge for the North- munist Party assigns male Han Chi- Communist China doesn’t hurt ath- ern District of Ohio. nese to regularly sleep in the same letes. It keeps them safe from Com- Mitch McConnell, John Barrasso, David Perdue, Thom Tillis, Tom Cotton, Mike beds as the wives of Uighur men de- munist China’s oppression. Last year, Rounds, Roger F. Wicker, Kevin tained in the camps. the world watched while Communist Cramer, Martha McSally, Richard In addition to these disgusting China pressured the NBA to sensor Burr, Mike Crapo, Steve Daines, Mar- human rights abuses, the Communist themselves over one tweet supporting sha Blackburn, John Thune, James E. Party of China is stripping away the Hong Kong citizens who were fighting Risch, Mike Braun, Tim Scott. freedom and autonomy that the people for their freedom. We saw the NBA f of Hong Kong were guaranteed. They cower to Communist China’s wishes. LEGISLATIVE SESSION are threatening Taiwan, building up They even prohibited athletes who their military to compete with us, ar- were in China at the time from speak- Mr. MCCONNELL. Mr. President, I resting and detaining foreign journal- ing with reporters. move to proceed to legislative session. ists, and punishing anyone who dis- If Communist China has the ability The PRESIDING OFFICER. The agrees with them. to sensor the NBA, an American orga- question is on agreeing to the motion. General Secretary Xi has established nization, from speaking anything The motion was agreed to. a surveillance system in Beijing that about anything that may offend Gen- f tracks every movement you make on- eral Secretary Xi, what will they do to EXECUTIVE SESSION line and in person. The actions of Xi athletes around the world? Will this re- and the Chinese Communist Party fly gime start censoring or restricting par- in the face of the fundamental values ticipating athletes? What about the EXECUTIVE CALENDAR that unite freedom-loving countries press? Will their broadcasts be around the world—values that the Mr. MCCONNELL. Mr. President, I censored to appease General Secretary move to proceed to executive session to Olympic Games are meant to foster Xi? consider Calendar No. 866. and promote. Yet, in just 2 years, Com- We have to open our eyes to this The PRESIDING OFFICER. The munist China is slated to host the 2022 threat, and we have to stand against question is on agreeing to the motion. Olympic Games. The International the genocide of the Uighurs and the po- The motion was agreed to. Olympic Committee’s Charter states: litical oppression of Hongkongers. We The PRESIDING OFFICER. The ‘‘The goal of Olympism is to place also have to consider the safety of ath- clerk will report the nomination. sport at the service of the harmonious letes and spectators from all over the The senior assistant legislative clerk development of humankind, with a world. For the hundreds of millions read the nomination of Michael Jay view to promoting a peaceful society who will watch the games, we must Newman, of Ohio, to be United States concerned with the preservation of again lead by example and refuse to District Judge for the Southern Dis- human dignity.’’ give Communist China a platform to trict of Ohio. The host city contract the IOC adopt- whitewash its crimes. ed in 2017 requires that hosts protect I stand with the freedom-loving peo- CLOTURE MOTION and respect human rights. Unfortu- ple of Hong Kong, the historically per- Mr. MCCONNELL. Mr. President, I nately, but not by accident, the con- secuted people of Tibet, the peaceful send a cloture motion to the desk. tract does not take effect until after community of Chinese Muslims, in- The PRESIDING OFFICER. The clo- the 2022 Beijing games. Think about cluding Uighurs, Falun Gong, and the ture motion having been presented that. It was 56 years ago that the Inter- journalists and political dissidents in under rule XXII, the Chair directs the national Olympic Committee took a China. I hope that all of my colleagues clerk to read the motion. historic step and stood up to the Gov- will join me in demanding that the IOC The senior assistant legislative clerk ernment of South Africa and its racist rebid the 2022 Olympic Games should read as follows: apartheid system and banned the coun- China fail to abandon its indefensible CLOTURE MOTION try from participation in the 1964 course. We, the undersigned Senators, in accord- Tokyo Olympic Games. South Africa Mr. President, as if in legislative ses- ance with the provisions of rule XXII of the was also excluded for the 1968 Mexico sion, I ask unanimous consent that the Standing Rules of the Senate, do hereby City games, and in 1970, the IOC indefi- Committee on Foreign Relations be move to bring to a close debate on the nomination of Michael Jay Newman, of Ohio, to nitely expelled South Africa from discharged from further consideration be United States District Judge for the Olympic competition. and the Senate now proceed to S. Res. Southern District of Ohio. Germany and Japan were banned 526. I further ask unanimous consent Mitch McConnell, John Barrasso, David from participating in the 1948 Olympic that the resolution be agreed to, the Perdue, Thom Tillis, Tom Cotton, Mike Games for their roles in World War II. preamble be agreed to, and the motions Rounds, Roger F. Wicker, Kevin Afghanistan was banned in 2000 because to reconsider be considered made and Cramer, Martha McSally, Richard of the Taliban’s discrimination against laid upon the table. Burr, Mike Crapo, Steve Daines, Mar- women, and South Korea was pressured The PRESIDING OFFICER. Is there sha Blackburn, John Thune, James E. by the IOC to enact democratic reforms objection? Risch, Mike Braun, Tim Scott. before it hosted the 1988 games. The Senator from New Jersey. The PRESIDING OFFICER. The Sen- Should Communist China, which Mr. MENENDEZ. Mr. President, re- ator from Florida. places no value on human life or free- serving the right to object, let me first UNANIMOUS CONSENT REQUEST—S. RES. 526 dom, be allowed to host the 2022 say that I want to be clear that my op- Mr. SCOTT of Florida. Mr. President, games? Absolutely not. Doing so will position that I will announce briefly to the Communist Party of China is com- threaten the safety of athletes and moving this resolution by UC today is mitting a genocide against the Uighur attendees and financially reward the not by any means because I disagree people. Let me say that again. The dictatorship responsible for its geno- with the assessment of China’s abhor- Communist Party of China is commit- cide against its Muslim population. rent human rights record or the impor- ting a genocide against the Uighur peo- My colleague from Massachusetts, tance of the Olympics living up to the ple. Senator MARKEY, and I introduced a bi- highest standards of upholding human

VerDate Sep 11 2014 07:01 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G30SE6.048 S30SEPT1 SSpencer on DSK126QN23PROD with SENATE S5926 CONGRESSIONAL RECORD — SENATE September 30, 2020 dignity. The Olympic Charter states criminal cabal that has destroyed Ven- I would ask unanimous consent that that the goal of Olympism is to pro- ezuela. Some 200,000 Venezuelans cur- your bill be passed, and, also, including mote ‘‘a peaceful society concerned rently live in the United States with- my three amendments to the bill, and with the preservation of human dig- out legal status. They are unable to at this point, I ask unanimous consent nity.’’ Beijing has not, by a long shot, safely return to their homeland, and for that. earned the honor of hosting the 2022 they would benefit from temporary The PRESIDING OFFICER. Does the games. protected status. I believe we have to Senator so modify his request? Now, my record is crystal clear when do the right thing. We have to uphold The Senator from New Jersey. it comes to calling out and condemning American values and offer them pro- Mr. MENENDEZ. Mr. President, re- China’s horrific record on human tection. serving the right to object to this rights and the threat it poses to the Mr. President, as if in legislative ses- modification, on these three amend- United States and the rest of the inter- sion, I ask unanimous consent that the ments, I respect my colleague who sits national community. As my colleagues Committee on the Judiciary be dis- on the Foreign Relations Committee. know, during my years in Congress, I charged from further consideration of We don’t always agree, but I always re- have introduced, advocated for, and H.R. 549 and the Senate proceed to its spectfully listen to him. helped pass legislation on behalf of the immediate consideration; further, that This effort that I am trying to bring people of Xinjiang, Tibet, Chinese civil the bill be considered read a third time to the floor, in line with Senator society dissidents, a democratic and and passed; and the motion to recon- SCOTT’s question about human rights autonomous Hong Kong, and sup- sider be considered made and laid upon in China, is human rights right here in porting democracy across the Indo-Pa- the table with no intervening action or our hemisphere. The amendments that cific region. Just recently, I introduced debate. the Senator proposes seeks to basically a comprehensive bill to strengthen the The PRESIDING OFFICER. Is there gut the existing statute for temporary United States across various sectors to objection? protected status, and it distracts from best confront and counter China’s ef- The Senator from Kentucky. other issues in our immigration system forts. I also recently released a report Mr. PAUL. Mr. President, reserving as a price for providing Venezuelans about the necessity of standing up the right to object, I have no problem with temporary protection in our coun- against China’s dangerous new digital with asking unanimous consent at this try. One of these amendments is aimed authoritarianism. point to pass the legislation with a few at making it nearly impossible to There is no question that under Xi amendments. Since this will not be renew TPS for foreign nationals, no Jinping, China has taken a great leap going through committee, we ought to, matter the country or the conditions backward on human rights, estab- like you say, examine the legislation in the country. lishing concentration camps in and think about what it involves. I I would also note that this is at a Xinjiang, and instituting a surveillance think having a few commonsense time in which we have 131,000 with state that not even George Orwell amendments would make sense. temporary protected status from other could have imagined and crushing any It is about 200,000 or 270,000 Ven- countries helping to support the Na- thoughts and ideas that deviate from ezuelans. I think we can accommodate tion as essential workers. So I object the dictates of the party. China’s rise, them. We are a big, great country, and to the modification, and I object to bringing hundreds of millions out of America has room for them. We should Senator SCOTT’s motion. poverty during the last century, is make sure, though, that they don’t The PRESIDING OFFICER. Objec- something the Chinese people can be overburden the welfare system, and tion is heard to both requests. justly proud of. But Xi Jinping’s there should be rules that people, as The Senator from Kentucky. dystopian totalitarian vision, cur- part of this program, do not come to Mr. PAUL. Mr. President, I voice my rently crushing the Chinese people, is the country to receive welfare. That is objection to the original motion of one of the century’s great tragedies. my first amendment. Senator MENENDEZ. So I am very sympathetic to the My second amendment would say The PRESIDING OFFICER. Objec- goals of the resolution and the sponsor that at the end of the 18-month period, tion is heard to the request. of the legislation. However, I believe Congress should vote on whether or not The Senator from Florida. these issues merit serious discussion in to extend the period. In the past, we Mr. SCOTT of Florida. Mr. President, drafting of the appropriate language have granted this temporary status, first, as you would expect, I am dis- before the Senate Foreign Relations and it has been renewed decade after appointed in two ways. Committee. I have been urging Chair- decade and become just sort of this lost No. 1, I am disappointed that we man RISCH to hold a legislative mark- zone for people for whom we can’t fig- couldn’t get a resolution done that up for months to discuss the many ure out a permanent solution. dealt with what is going on in China. pressing pieces of legislation that My third amendment would actually I would love the process to work per- Members on both sides of the aisle have create an ability to absorb more people fectly so that everybody would do had pending for many months. in our country and would be more of a things in proper order, but the resolu- UNANIMOUS CONSENT REQUEST—H.R. 549 permanent solution. My third amend- tion is pretty simple. We know all the Mr. MENENDEZ. Mr. President, I ment is called the BELIEVE Act, and bad things that are happening in would, in response to the Senator’s re- it is a bill that I have had out there for China, and we need to stand up. We quest, say that there is a human rights several years. What it would do is to have a chance now, not in 6 months, crisis much closer to home that we take the merit-based employment in not in—I don’t know what time it have discussed before the committee. our country, employment-based visas, would take to go through the Foreign We have an opportunity to address peo- and double these visas. So, if you want Relations Committee, but we ought to ple suffering from a dictatorship who to accommodate the 200-some-odd be standing up now to say that the IOC are right here in the United States, thousand Venezuelans, we need more needs to move the Olympics. So I am many of whom live in Senator SCOTT’s green cards, ultimately, for permanent very disappointed that my colleague is State of Florida. status. This would be increased em- not willing to just go along with a sim- For the second time in 2 weeks, I ployment-based visas. ple resolution to do that. would like to call upon this body to So, my unanimous consent request No. 2, what my colleague knows is take up legislation the House has would be to pass your bill with these that the bill he is proposing would passed that would designate Ven- three amendments: One, to prohibit never get done. I have colleagues who ezuelans for temporary protected sta- welfare; two, to make it Congress’s pre- want to reform and fix the TPS pro- tus. I am asking Republicans to re- rogative to decide that this term needs gram. I worked with my colleagues—all member that there was a time before to be extended and it would have to be 53 Republican colleagues—and they President Trump when our Nation a vote by this body; and then the third said that as long as we do a common- stood in solidarity with victims of dic- thing would be that we expand our em- sense reform of the TPS program, we tatorship. ployment-based visas in order to ac- would go ahead and do TPS for Ven- Nicolas Maduro is a dictator, plain commodate folks like this in our coun- ezuelans. So that is a bill we could do and simple. His regime is a cruel, try. today.

VerDate Sep 11 2014 07:01 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G30SE6.054 S30SEPT1 SSpencer on DSK126QN23PROD with SENATE September 30, 2020 CONGRESSIONAL RECORD — SENATE S5927 We could have done it a couple of ties, passed legislation is to try to in- join with the Senator in any efforts to times, but my colleague on the other stigate the President to go ahead and continue to work on stopping any flow side of the aisle—another—blocked it. give TPS to Venezuelans. of money to the Maduro regime and, It doesn’t make any sense to me why Unfortunately, every time Senator more importantly, to reclaim the we are not getting this done. We can SCOTT has come to offer what he calls money that has already—the national both talk about all of the problems and a reform of TPS, it is really basically patrimony of Venezuela that has been issues the Venezuelans are dealing the death of TPS. I don’t know why we spent elsewhere. with. It is very disappointing to me. have to deny those who presently have But let’s be honest. TPS for Ven- I don’t know what the reason is. I TPS and whose country’s status may ezuelans could have happened already. have been trying to work with my col- not have changed—slaying their status It could have happened yesterday. It leagues on the other side of the aisle to in order to give it to Venezuelans. I am could happen today, could happen to- ask: What is the problem? And nobody not that Solomonic. So that is why morrow if President Trump only wants will say: This is exactly what it is, and there has been an objection. to declare it so. this is what you need to change to get Again, I remind us that we don’t even I think he should. I don’t think we it done. I don’t know how we get things need legislation. President Trump, should have to pass legislation, but done here if people are not willing to with a stroke of his pen, could declare that is where we are. sit down and talk to each other to fig- TPS for Venezuelans. That is the first I yield the floor. ure out how to get it done. thing. The PRESIDING OFFICER. The Sen- I have also proposed other things The second thing is, I would urge my ator from Florida. that my colleague has blocked, like colleagues and all my Republican col- Mr. SCOTT of Florida. Mr. President, trying to make sure that Maduro leagues—by the way, I know that you I appreciate the comments of my col- couldn’t—there were no revenues that all know this, but just to remind us, league from New Jersey. could get to the Maduro regime, and you are in the majority. Chairman No. 1, I still have not heard what the that was blocked. RISCH is the chairman because there is issue is with a resolution that sounds This just doesn’t make any sense to a Republican majority. Chairman like 99 other Senators are OK with, me. I don’t know what the issue is. I RISCH gets to call when the Senate For- with regard to holding General Sec- don’t know if it is because it was pro- eign Relations Committee goes into a retary Xi accountable. I haven’t heard posed by Republicans rather than business meeting. So as I have said to my colleague say what the concern is Democrats, but we have to figure out many of my colleagues, if you want to with it. how to stand up together against see your legislation considered—and I It seems to me that we have the op- human rights violations around the certainly would agree to an agenda portunity right now, between the two world. that includes Senator SCOTT’s legisla- of us, if we need to make a change, It should be simple to say that the tion—urge Senator RISCH to hold a maybe we can make a change. But I International Olympic Committee business meeting and a markup on leg- would like to get something done should not be hosting the Olympic islation. That is the way this body is today. Games in 2022. It is pretty simple. It is supposed to work. Otherwise, then, No. 2, as we know, the TPS program disgusting what Xi is doing. let’s just meet here as 100 and make it is a temporary program. It is not oper- It should be pretty simple to say: If the committee of the whole, where we ated as a temporary program, and it we want to get TPS taken care of, can all opine and cast amendments on has to be reformed. whether it is for Venezuelans or wheth- Appropriations, Judiciary, Foreign Re- I agree with my colleague from New er it is for El Salvadorans or anybody lations, Energy and Commerce—the Jersey. I would like the President to else, we need to have a commonsense whole spectrum. But if the committee say that the Venezuelans would get reform of the TPS system. That is why system is supposed to mean anything, TPS right now, but I think the White I proposed this resolution, and all 53 which is the concentration of those House’s position is that we have to fix Republican Senators agreed with me. who have dedicated their time to be on the program because the program I hope my colleague will commit to that committee and who have insights doesn’t work. It is not a temporary work with me to try to help the Ven- for which legislation passes through, program. ezuelans and also help others by fixing then it has to hold meetings and mark- That is why my fix—because what a this TPS program. I hope he will work ups to consider legislation. So it is not lot of Senators keep saying—they want hard either to get a resolution that he that you have to urge us; you have to to say that we have to take back power agrees with me on or work through the urge your colleague, the chairman, to we have given to the President. My res- Foreign Relations Committee to do hold markups to consider your legisla- olution does that. something. But we have to do every- tion. The President can still do TPS, but thing we can to stop the genocide of I am sure that with some modifica- after he does, if he wants to extend it, the Uighurs in Communist China and tions, I would be one of those who it has to come back to Congress, and also do everything we can to help the would support your legislation in com- we need to make a decision. It is pretty Venezuelans who are here and need mittee. But we cannot have everybody common sense. If we did that right TPS. bypass the committee, come to the now, we could get TPS for Ven- The PRESIDING OFFICER. The Sen- floor, and think that is the way things ezuelans. ator from New Jersey. are going to operate. The Senator from New Jersey has Mr. MENENDEZ. Mr. President, I ap- Yes, there are some things we would blocked my bill. It is a bill with Sen- preciate the comments of my colleague love to see in a timely fashion. From ator RUBIO to hold Maduro accountable from Florida. the reading of several motions the ma- by prohibiting Federal agencies from Let me just say, first, that we don’t jority leader made for nominations, it doing business with anyone who sup- even need legislation for Venezuelans sounds like we are going to be here ports the oppressive Maduro regime. I to get TPS. Let’s not lose sight of that. next week. Well, the chairman of the don’t understand why he would do that. President Trump, with a stroke of his Foreign Relations Committee could He has blocked a bill that is going to pen, could give temporary—tem- call a business markup for next week. prevent money from going there. porary—protected status to the 200,000 We could get your resolution on; we We have to stand up, whether it is Venezuelans who have fled the Maduro could get it passed; and then we could against the Castro regime or Maduro. regime—a regime that President get it to the floor. Why not? Why not? We have to support democracy and Trump himself has signaled out in Then, the last thing: I don’t know freedom in Latin America. every possible way as a regime that un- what the Senator is referring to in I hope my colleague will stop block- dermines the human rights of its peo- terms of stopping moneys going to ing that bill also. ple and that attacks them. So we don’t Maduro. My VERDAD Act, which be- Mr. MENENDEZ. Has the Senator even need legislation. came law—along with Senator RUBIO yielded the floor? The only reason the House of Rep- and others—in essence tried to do ex- Mr. SCOTT of Florida. I yield the resentatives, with Democratic majori- actly that. But I am certainly happy to floor.

VerDate Sep 11 2014 07:01 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G30SE6.056 S30SEPT1 SSpencer on DSK126QN23PROD with SENATE S5928 CONGRESSIONAL RECORD — SENATE September 30, 2020 The PRESIDING OFFICER. The Sen- porations who form the Business through these enemy groups, which ator from New Jersey. Roundtable. brings me to the U.S. Chamber of Com- Mr. MENENDEZ. Mr. President, I Here are some of the 200 companies merce, by far the largest lobbyist in won’t stay the whole night debating represented by those CEOs. As I dis- town, a prolific litigator, a dark-money my colleague, although I would enjoy cussed last week, the Business Round- elections spender, and an inveterate that. But let me just say, No. 1, he has table just earlier this month called for opponent of serious climate action. the power, as a colleague in the major- science-based climate policy to reduce In a recent study by InfluenceMap, ity, to go to the chairman of the For- carbon pollution, consistent with the the chamber was denominated one of eign Relations Committee and say: I Paris Agreement, and specifically en- the worst climate obstructers in Amer- really think this resolution is timely dorsed carbon pricing—from Verizon, ica. In my view, it is not one of the and needs to be done. to Chevron, to Apple, to Wells Fargo, worst; it is the worst because of the We are going to be in session next to McKinsey, to American Airlines, to power that it brings behind its mes- week. The chairman of the Foreign Re- Amazon, to Pfizer, to Ford. It is quite sage. If you imagine the Business lations Committee can call a markup the who’s-who of corporate America. Roundtable as emitting a positive po- next week. For his resolution, I will So why, you might ask, did the Busi- litical squeak, the chamber can emit a give him my word that I will support ness Roundtable do this when normally negative political roar—and they have asking the chairman to put his resolu- business lobbyists are up here telling for a long time. tion on the business meeting, and, us to get out of their way? The answer This chart is a partial list of the probably, with some modifications, I is economics 101. Pollution is the text- companies that are members of both would support it. But he needs to ask book example of market failure. A fac- the Business Roundtable and the the chairman to hold a markup, No. 1. tory dumps toxic pollution into a river, Chamber of Commerce. I say it is par- No. 2, the reality is that the concern and anyone living downstream bears tial because the U.S. Chamber of Com- about TPS not being ‘‘temporary’’— the costs of that pollution. They can’t merce, unlike local chambers of com- well, that concern was vitiated. I don’t use their well, perhaps. Their property merce, is very secretive. It doesn’t dis- know if it was the Ninth or Eleventh values decrease. They may even get close its funds. It doesn’t disclose its Circuit Court of Appeals that recently sick. It is basic economic theory that membership. So the companies here ei- held a decision that said the President polluters ought to bear those costs, ther voluntarily disclosed their mem- of the United States can give TPS, and called negative externalities—the bership, or the press ferreted it out. So he can end TPS, in his judgment. I downstream costs, if you will. Even let’s look at what some of these compa- don’t necessarily agree with that judi- Milton Friedman, the patron saint of nies say about climate change and cial decision, but, nonetheless, that is, free market economics, agreed that what they do through the chamber. right now, the law of the land, so that polluters should pay the costs associ- Let’s start here with Johnson & John- concern is over. ated with their pollution. son. The suggestion that we have to end For climate change, for the big car- Johnson & Johnson is a giant TPS as we know it in order to make bon polluters, this is big bucks. The healthcare and consumer goods com- sure that it only remains a temporary International Monetary Fund cal- pany. You probably have plenty of protected status—the courts have de- culates that fossil fuel enjoys a $600 Johnson & Johnson products around your house. termined that. They have said that the billion—not million but billion with a Through the Business Roundtable, President can give TPS and can take it ‘‘b’’—subsidy in the United States Johnson & Johnson says that climate away. So, as far as I learned in my every year—every year, $600 billion. It change is serious and that Congress civics lessons, the court is the final law is mostly because the industry has should enact a carbon price. In its cor- of the land in interpreting what it is managed to offload the costs of carbon porate materials, Johnson & Johnson that the law is. pollution onto the general public. Why says that climate change is impacting Lastly, I am going to look at—I do you think they are so busy here in health and that ‘‘risks resulting from a would like the gentleman to get in con- Congress all the time? They are trying changing climate have the potential to tact with—I don’t know what legisla- to protect that subsidy. negatively impact economies around tion he keeps referring to that some- So if it is economics 101 that a prod- the world.’’ how we blocked, but before the gen- uct’s price should reflect its true cost, Johnson & Johnson recognizes the tleman even arrived here, I have been and if, in the case of fossil fuels, they importance of government action, stat- pursuing the Castro regime for 20- are cheating on that rule, then a price ing: something years—since I was in the on carbon pollution, as the Business While companies have a responsibility and House of Representatives, passing the Roundtable recommends, is a correc- ability to [mitigate climate change], the uni- LIBERTAD Act and so many others— tion to that market failure. lateral capabilities of businesses are limited. and, certainly, the Maduro regime as The CEOs also read the same warn- Addressing these issues requires the collabo- well. So I am happy to look at that. ings as the rest of us. Dozens of central ration of companies with governments . . . But let’s get the chairman of the banks, economists, and other financial to achieve systemic change at scale. Foreign Relations Committee to hold a experts warn of massive economic risks So it sounds like the company gets markup, and I think we can solve a lot caused by our failure to address cli- it. But Johnson & Johnson also put at of these problems. mate change—risks one recent esti- least $750,000 behind the chamber last With that, I yield the floor. mate put at triple the 2008 great reces- year. The PRESIDING OFFICER. The Sen- sion; risks that are commonly called What did the chamber just do on cli- ator from Rhode Island. systemic, meaning they take down the mate? It filed a brief supporting the Mr. WHITEHOUSE. Mr. President, whole financial system, not just fossil Trump administration’s effort to undo may I inquire if the Senators are con- fuel. Business executives tend to take emissions standards for cars and trucks cluded with their discussion? that kind of warning seriously. set by California but honored across The PRESIDING OFFICER. They So this is a good-news story if you the country. Well, the nonpartisan have both yielded. It appears they are. look at the business voice coming Rhodium Group estimates that revok- CLIMATE CHANGE through the Business Roundtable. Here ing those fuel emissions standards Mr. WHITEHOUSE. Mr. President, I is the problem: The business voice would result in up to about 600 million am back again, thee and me once again doesn’t just come through the Business metric tons of additional CO2 emissions together, to discuss climate change as Roundtable; it also comes through through 2035. That is equal to the emis- unprecedented wildfires scorch the other groups—groups that are historic sions in a year from 130 million cars or west coast and a deadly hurricane sea- enemies of climate action, constantly from the electricity needed to power son turns in the Atlantic and Ameri- up to climate mischief. 100 million homes. cans cry out for action. The very same corporations whose So which voice of Johnson & Johnson Powerful players outside this Cham- CEOs sent that friendly message are we supposed to listen to—the Busi- ber hear that cry, including, recently, through the Business Roundtable send ness Roundtable voice or the chamber over 200 CEOs of major American cor- the opposite and even louder message voice?

VerDate Sep 11 2014 10:52 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G30SE6.058 S30SEPT1 SSpencer on DSK126QN23PROD with SENATE September 30, 2020 CONGRESSIONAL RECORD — SENATE S5929 How about United Airlines. Here is the chamber is on carbon pricing be- getting a handle on anti-climate lob- United. United Airlines doesn’t disclose cause, with Senators Schatz and Gilli- bying is surging. To all of them I said: its funding of the chamber, but it is on brand and Heinrich, I have introduced Change the chamber. Get it to follow the chamber’s board, so it is likely a carbon pricing litigation that is not all the Business Roundtable and support major financial backer involved in that different from the CLC proposal. carbon pricing. Get it to come to Con- chamber policy decisions. Same Senators COONS and FEINSTEIN have a gress in favor of science-based climate thing—through the Business Round- carbon pricing bill. So does Senator policy. Get the truth out of the cham- table, United says that climate change VAN HOLLEN. Senator DURBIN, our dep- ber about how much money it has been is serious and Congress should enact a uty minority leader, just announced taking from the fossil fuel industry, carbon price, and on United’s website, one. Over in the House, there are mul- particularly for these companies who you will find good language about cli- tiple carbon pricing bills, including one are board members of the chamber. mate change and the importance of re- with over 80 cosponsors. Has the cham- You guys have a due diligence duty to ducing emissions. Indeed, United has ber supported any of these bills? Nope. know that stuff. Changing that behe- pledged to cut emissions in half by Not a one. Has it even engaged on any moth—the anti-climate chamber— 2050. of them? Not with me. Not on ours. Not would be a sea change indeed. That Meanwhile, what is the chamber, on that I can tell on any of the others. would help finally break the logjam whose board United sits, doing? The When election season rolls around, that the fossil fuel industry has cre- watchdog group InfluenceMap has the chamber has spent millions sup- ated here in Congress. caught the chamber repeatedly lob- porting candidates who oppose com- Let me wrap up by pointing out the bying the Trump administration to un- prehensive climate policies. So the obvious, which is that time is running ravel carbon pollution limits. So you Chamber message is pretty clear: Don’t out. If we don’t act soon, we will lock have to wonder: From its seat on the support a serious carbon price. in the worst consequences of climate chamber board, did United know about So which voice of AT&T’s are we to change for decades. So to these compa- this? Did they do anything to stop listen to—the CLC and Roundtable nies I ask: Why, if this is as important as you say it is, do you not speak with those activities? They sit on the board, positive squeaks about carbon pricing a clear voice? Why do you let corporate after all. or the chamber’s negative roar against Look also at Coca-Cola, one of our carbon pricing, the roar that says to America’s most powerful political mouthpiece oppose you? Look at these most iconic American brands. Through members here: Don’t you dare? the Business Roundtable, Coca-Cola These companies—all of them—which companies. Why do you tolerate that, and why do you fund it and sit on its says that climate change is serious and just said they support carbon pricing, board while it opposes you? Climate that Congress should enact a carbon are funding a group that is opposing change is not an issue you want to be price. Coca-Cola says in its own mate- climate action and specifically carbon on both sides of, so why are you on rials that ‘‘[c]limate change is already pricing at every turn—in Congress, in both sides of it? Whom do you expect having an impact on our business at court, in elections, in regulatory agen- Congress to listen to? Which voice of multiple points in our value chain.’’ It cies. yours are we to take as the real one? If says that it is committed to reducing I have called out just a few. There is you want us to listen to your Business its emissions. But in 2019, Coca-Cola AT&T right here. I called out just a Roundtable voice, you better make gave the chamber at least $34,000. It few companies today to make the sure it is not drowned out by the mas- point, but every one of these compa- didn’t disclose the total amount. sive business lobby that you fund that What was the chamber up to on cli- nies—every one of them—is in the same has been our worst enemy against climate? It was in court litigating in position. The climate policy they sup- mate action. You all need to wake up. favor of the Trump administration port through the Business Roundtable I yield the floor. against efforts to reduce carbon pollu- is opposed by the entity they support: The PRESIDING OFFICER. The Sen- tion from powerplants. the chamber. ator from Indiana. Now, Coca-Cola and the beverage in- They have to straighten that out. NOMINATION OF AMY CONEY BARRETT dustry also have a trade association of Whether you are UPS, Home Depot, Mr. YOUNG. Mr. President, I rise their own, which appears from public American Express, Marathon, MetLife, today in support of President Trump’s reporting to have made zero effort on Northrop Grumman, Sales Force, Mar- nomination of Indiana’s Amy Coney this climate problem, notwithstanding riott, Abbott, Morgan Stanley, Micro- Barrett to the U.S. Supreme Court. those multiple impacts on Coca-Cola’s soft, Exelon, Sempra, Southern Com- In the coming days, Americans will value chain. That trade association pany, GE, Intel, Citi, PepsiCo—you hear a great deal about Judge Bar- knows how to lobby when it wants to. name it—Anthem, Pfizer, Johnson Con- rett—much of it from people who have On climate, it just doesn’t want to. trols, Lilly, Dow, ExxonMobil. never met her, who have never worked Let’s have a look at AT&T, another You have to straighten this out be- with her. As a fellow Hoosier, I have one here on the board. I am not seeing cause these are big and influential had the privilege of actually getting to it right now, so I am going to keep companies. In fact, this year, the mar- know Judge Barrett and her family and looking as I talk. It is another iconic ket capitalization of the entire oil and to understand the breadth of her intel- American brand like Coca-Cola, and, gas sector dropped below the market lect and the thoughtful reasoning of like United, AT&T sits on the cham- capitalization of just Apple. Quartz re- her work. My own opinions have been ber’s board. Presumably sitting on the ported in June that Apple could nearly informed by my personal interactions chamber’s board, it is influential with- buy ExxonMobil just with cash on with her and supported by the count- in the organization. In the first 6 hand. less students, clerks, and former col- months of 2019, AT&T reported giving Yet these companies have been most- leagues who, despite their very polit- the chamber at least $144,000. ly silent while polluters called the ical beliefs, are united in their admira- Now, AT&T wants Congress to adopt shots around here in Congress and for a tion for Judge Barrett. They will sec- a very specific climate policy. First, of long time. They haven’t asked hard ond what I tell you here. course, through the Business Round- questions about the chamber’s fossil Amy Coney Barrett’s qualifications table, AT&T says that climate change fuel funding, and they mostly stood by to fill this seat are beyond question. is serious and that Congress should while the chamber—their own organi- The character she will demonstrate, enact a carbon price. Also, AT&T is a zation—became a worst climate ob- once in it, will be exceptional. founding member of the Climate Lead- structor. I think this is beginning to Her career is beyond distinguished. ership Council, and AT&T supports the change. She graduated magna cum laude from CLC’s detailed carbon price proposal. Last week, I spoke at a CERES, C-E- Rhodes College and summa cum laude Well, that is through their Business R-E-S, event on corporate climate lob- from Notre Dame Law School in South Roundtable and Climate Leadership bying during New York Climate Week. Bend, IN. She was highly decorated Council voice. What do we hear Over 100 people from scores of different while doing both, including Dean’s Rec- through their chamber voice? Well, I companies participated. The interest ognition Award and best exam in nu- could tell you something about where among corporations and investors in merous courses.

VerDate Sep 11 2014 07:01 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G30SE6.069 S30SEPT1 SSpencer on DSK126QN23PROD with SENATE S5930 CONGRESSIONAL RECORD — SENATE September 30, 2020 She held prestigious clerkships for both times from Haiti. Judge Barrett a life of faith and uphold the law. They Judge Laurence Silberman on the U.S. has asked: may create a caricature of Judge Bar- Court of Appeals for the DC Circuit and What greater thing can you do than raise rett that has no relation to reality and for the late Justice Antonin Scalia on children? That’s where you have your great- one that reflects their own intolerance, the U.S. Supreme Court. est impact on the world. not hers. It is regrettable that, in 2020, She is a respected educator, teaching It is clear not just from those words we must still repeat this refrain: We do for nearly two decades at Notre Dame’s but from simply spending a few mo- not have a religious test for public Law School, where she was named Dis- ments with this beautiful family that service in the United States of Amer- tinguished Professor of the Year three this is her life’s joy and her greatest ica, and we never have. times. point of pride. It is true. Judge Barrett is a faithful In 2017, she was nominated to fill a How absurd then to see her described, Catholic. It is true. So, too, are five vacancy in the U.S. Circuit Court of as some here and in the media have, as current Supreme Court Justices. So, Appeals for the Seventh Circuit. I have anti-healthcare. It is the opposite, ac- too, are millions of Americans. To to say, I was incredibly pleased by her tually. As the head of a large house- argue that this prohibits her from sit- nomination to the Federal bench, and I hold, Amy Coney Barrett knows full ting on the Supreme Court is nothing was proud to vote for her confirmation. well and better than most of her de- short of religious bigotry. I wasn’t alone in my esteem for tractors how important medical cov- In 1793, George Washington penned a Judge Barrett. During her confirma- erage is to every American’s health letter to the members of the New Jeru- tion process, those students and col- and to their peace of mind too. This in- salem Church of Baltimore, MD. In it, leagues—former and current—came for- cludes insurance for those with pre- Washington outlined one of the prin- ward with words of support and praise existing conditions—which Republicans ciples that makes America so unique. by the score. They described her as fair have, time and time again, committed ‘‘A man’s religious tenets,’’ he wrote, and decent, brilliant and generous. to protect, while working to make ‘‘will not deprive him of the right of at- They were struck by her integrity, her healthcare more affordable and more taining and holding the highest offices impartiality, and her temperament. accessible. that are known in the United States.’’ They spoke of her dedication to teach- This is actually not why Judge Bar- Happily, 200 years later, we now ing students not how to think but how rett was nominated or why she belongs apply Washington’s equation regarding to think for themselves. They recalled on the Supreme Court. Let us be truth- the holding of high office to both men the long lines extending outside of her ful. It is also not the real reason why and women. It is unfortunate, though, office of those students who sought and those who oppose her do so and do so that, two centuries later, we must still were always given advice and men- with such rage. In the absence of ac- be reminded that all Americans can toring. tual objections to Amy Coney Barrett’s worship and pray as they please, and no Though they came from different resume, they rummaged through and doors of opportunity shall be closed be- backgrounds and held differing views, purposely warped Judge Barrett’s cause of it. And there is this: Since our founding, they came together as a chorus to say record. They warped her legal writings 114 Americans have sat on the Supreme this: Amy Coney Barrett possesses ex- to position her as the mortal enemy of Court. Only four of them have been actly the type of mind and the strength ObamaCare. This is a lie. Her scholar- women. of character America’s constitutional ship—if properly read, rather than Are those who oppose this President system relies on. I agreed then, and I quickly mined for propaganda—reveals and this pick really willing to use reli- still do. no such thing. gious prejudice as an excuse to oppose Just 3 years ago, I didn’t hear a sin- For 30 years, Democrats have contin- confirming the fifth? Come on. If so, gle credible criticism of Judge Barrett ually cried wolf, painting every Repub- the faith my colleagues should be wor- based on her legal qualifications. I lican Supreme Court nominee as the ried about isn’t Judge Barrett’s but the don’t anticipate hearing one now. She end of the Republic, hoping always to American people’s in this institution. will be guided by the law and prece- scare the American people to their In the coming weeks, I hope we don’t dence. She will be faithful to the Con- side. Just as we witnessed 2 years ago, regress into religious bigotry. I hope stitution. when their lies run out of believers, the the Senate can move past the personal As compelling as the testimonies of lies grow more reckless. This is a dan- attacks of some past nominees and, in- those who admire her are, it is through gerous game to play right now—doubly stead, focus on the professional quali- her own words that we can see the type so for the party that is blocking fications and judicial comportment of of Supreme Court Justice Amy Barrett healthcare legislation during a pan- Judge Barrett. will be: ‘‘A judge is obligated to apply demic. We are constitutionally obligated to the law as it is and not as she wishes it Judge Barrett hasn’t been nominated provide our advice and consent to the would be.’’ to the Supreme Court to make policy. President on his judicial nominees. My Judge Barrett has said: ‘‘She is Some seem to have forgotten, but that hope—and, perhaps, it is a naive one— obliged to follow the law even when her is our job. President Trump selected is that we will fulfill that responsi- personal preferences cut the other way her not only because of her sharp mind bility by holding hearings that are in- or when she will experience great pub- and impressive qualifications but be- formative rather than destructive, not lic criticism for doing so.’’ cause she will not legislate from the unlike those that led to Justice Ruth It is important for Americans to un- bench. That is the whole point. Bader Ginsburg’s bipartisan confirma- Of course, there are others who may derstand her qualifications for the Su- tion in 1993. preme Court and her fidelity to the take a different, even darker tack. To If the Senate does this and we con- Constitution. But they should also them, none of this matters—not the sider Judge Barrett’s qualifications, know a bit about her life away from impeccable credentials, not the ringing she will be confirmed and subsequently the bench. endorsements, not that she is a role serve with great honor and distinction, When I met her, it was quite obvious model of an accomplished professional and she will do the American people that Amy Coney Barrett was less inter- and a loving mother, not that she has proud. Both the High Court and our ested in cataloging her professional ac- been described as ‘‘mind-blowingly in- country will be better for it. complishments and more inclined to telligent’’ and ‘‘one of the most humble I suggest the absence of a quorum. discuss her family and the accomplish- people you will ever meet’’—none of it. The PRESIDING OFFICER (Mr. ments of her children, whom she clear- We will hear from them in coming GARDNER). The clerk will call the roll. ly loves so very much. days—likely in this Chamber. We will The bill clerk proceeded to call the Judge Barrett and her husband Jesse hear a lot from them. roll. have been married for over 20 years If past is prologue, they may choose Mr. PORTMAN. Mr. President, I ask now. Their family is a large one and a to focus instead on Judge Barrett’s re- unanimous consent that the order for loving one. They are parents to seven ligious beliefs—not out of any deep the quorum call be rescinded. children. Their youngest son has spe- conviction but out of desperation. They The PRESIDING OFFICER. Without cial needs. They have twice adopted— may argue that it is impossible to live objection, it is so ordered.

VerDate Sep 11 2014 07:01 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G30SE6.071 S30SEPT1 SSpencer on DSK126QN23PROD with SENATE September 30, 2020 CONGRESSIONAL RECORD — SENATE S5931 SIGNING AUTHORITY Now, of course, we have a very dif- one of the most important jobs in the Mr. PORTMAN. Mr. President, I ask ferent situation. We have a President country. That is why it is important unanimous consent that the senior and a Senate of the same party. In fact, we do get a fair and accurate picture of Senator from North Dakota and the we have a Republican Senate that was her judicial philosophy. Do you know majority leader be authorized to sign elected in 2016 and reelected in 2018, in what? Her judicial philosophy lines up duly enrolled bills or joint resolutions part, to support well-qualified judges with what I think is right for the Court on Wednesday, September 30. nominated by the President. but, more importantly, what most The PRESIDING OFFICER. Without No one can disagree that Judge Bar- Americans think is right for the Court. objection, it is so ordered. rett has an impressive legal back- As an opinion piece in the Wall NOMINATION OF AMY CONEY BARRETT ground. As I have looked into her back- Street Journal put it recently, Judge Mr. PORTMAN. Mr. President, I ground both as a law professor at Notre Barrett’s body of work puts her ‘‘at the would like to talk tonight about the Dame, where three times she won the center of the mainstream consensus on nomination of Amy Coney Barrett for Distinguished Teaching Award and, of the judge’s role as an arbiter, not a the vacant Supreme Court Associate course, in her record as a judge on the lawmaker, who abides by the duty to Justice seat. U.S. Court of Appeals for the Seventh enforce the law as written.’’ That is I think the President made a great Circuit, Judge Barrett has been highly her record. That is the philosophy she pick. From all indications, she is an regarded for her work in the legal talked about as she was confirmed by impressive lawyer, judge, and person. world. this body just a couple of years ago. We have already begun the process of By the way, she has been highly re- While I know that judicial nomina- looking at Judge Barrett. She has been garded from folks across a wide variety tions have become incredibly partisan meeting with Members of the Senate, of legal philosophies. They say she is around here, my hope is that Judge smart. They say she understands the and I look forward to my meeting with Barrett will be given a thorough and a law. They say she is well qualified. In her. fair evaluation from both sides of the fact, the American Bar Association The precedent for moving forward aisle. To that end, I hope my Demo- said that about her when she was nomi- with this nomination at this time is cratic colleagues will at least meet nated and successfully confirmed here crystal clear. During an election year, with Judge Barrett and engage with in the U.S. Senate to the circuit court, when one party holds the Presidency her on any concerns they might have which, of course, is the second level, and the Senate, in the entire history of rather than dismiss her nomination right below the Supreme Court. So she our country, the Senate has confirmed out of hand, and I hope that those who has already gone through the process the nominee in every single case except end up opposing her will be able to do here. She has been confirmed here. The one. That one exception, by the way, so without resorting to the kind of American Bar Association looked at was somebody who withdrew because of her and said she is well qualified, which character assassination we saw with ethics concerns that both Republicans is their highest rating. So my hope is Judge Kavanaugh. and Democrats had. So the precedent is I look forward to the 4 days of Judici- that there will not be any argument very clear. When you have the Presi- about whether she is well qualified or ary Committee hearings that have al- dent and the Senate of the same party, not, because she clearly is. She has an ready been announced by Chairman we confirm. impressive legal background. GRAHAM. This will give all members of In contrast, when power is divided To me, though, her personal story is the committee plenty of time to ask and a Supreme Court vacancy arises as impressive as her legal career. After questions, to express their views, and during an election year, Senate prece- earning a full ride to Notre Dame Law to have the dialogue that they are dent is not to confirm the nominee. In and graduating first in her class, she looking for. I will be joining millions of fact, the last time a confirmation oc- earned a prestigious clerkship on the Americans in watching those pro- curred with the President and the Sen- Supreme Court for Justice Antonin ceedings. ate of different parties was in the 1880s. Scalia. She then married Jesse Barrett, I will also look forward to my one- That distinction is what separates now a classmate of hers at Notre Dame, and on-one meeting with her. This will give from 2016. is raising seven wonderful children— me a chance to further assess Judge Back then, I wrote an op-ed: two adopted from Haiti—all while ad- Barrett’s character, temperament, and Some argue that the American people have vancing her own extraordinary career legal philosophy. already spoken. And I agree they have. Both in the law. Frankly, I think she is a My hope is that my colleagues on the president and the Senate majority were great model for working parents every- both sides of the aisle will also take fairly and legitimately elected. The last where. the opportunity to fairly review her time we spoke as a nation, two years ago, character, her judicial temperament, the American people elected a Republican As we heard during her last con- majority in the U.S. Senate in an election firmation to the circuit court, when we and her legal qualifications, which are that was widely viewed as an expression that talked about her right here on the floor so impressive, and do so in a respectful people wanted a check on the power of the of the U.S. Senate, she was admired as manner. president. The president has every right to a good person. Colleagues at Notre I yield the floor. nominate a Supreme Court Justice. . . . But Dame, her students at Notre Dame, and The PRESIDING OFFICER. The Sen- the founders also gave the Senate the exclu- others from across the political spec- ator from Ohio. sive right to decide whether to move forward trum have called her fair. They have f on that nominee. called her compassionate. They have EXECUTIVE CALENDAR In other words, in keeping with the said she is a good person. precedent that I laid out earlier, the Apart from those legal qualifications Mr. PORTMAN. Mr. President, I ask Republican Senate did what Demo- and the character, I think it is fair for unanimous consent that the Senate cratic Senates had traditionally done the Senate to insist on knowing a proceed to the consideration of Execu- with a Republican President’s nominee. judge’s judicial philosophy. My view is tive Calendar Nos. 845 through 853, 869, The comments I made in 2016 were all that it is the role of Supreme Court 870, and all nominations on the Sec- in that context of divided government. Justices to fairly and impartially apply retary’s desk in the Air Force, Army, In fact, in that same op-ed, I warned the law and protect our rights guaran- Marine Corps, Navy, and Space Force; that divided government is not ‘‘the teed by the Constitution but not to ad- that the nominations be confirmed; time to go through what would be a vance their personal preferences or that the motions to reconsider be con- highly contentious process with a very even their policy goals. That is not the sidered made and laid upon the table high likelihood the nominee would not job of judges. They are not supposed to with no intervening action or debate; be confirmed.’’ I did not believe that be like us, legislators. They are not and that the President be immediately Judge Garland would have been con- supposed to legislate from the bench. notified of the Senate’s action. firmed. I thought it was not a good re- They are supposed to follow the Con- The PRESIDING OFFICER. Without sult to have that kind of highly constitution, follow precedent. objection, it is so ordered. tentious process for the institution of It is no understatement to say that The nominations considered and con- the Supreme Court or for the Senate. Judge Barrett is being interviewed for firmed are as follows:

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IN THE ARMY grade indicated while assigned to a position peared in the Congressional Record of Au- The following named officer for appoint- of importance and responsibility under title gust 13, 2020. ment in the United States Army to the grade 10, U.S.C., section 601: PN2182 ARMY nominations (8) beginning indicated while assigned to a position of im- To be lieutenant general WILLIAM R. BROWN, and ending PAUL S. WINTERTON, which nominations were re- portance and responsibility under title 10, Maj. Gen. James C. Dawkins, Jr. U.S.C., section 601: ceived by the Senate and appeared in the IN THE ARMY To be general Congressional Record of August 13, 2020. The following named officers for appoint- PN2183 ARMY nominations (14) beginning Lt. Gen. Christopher G. Cavoli ment in the United States Army to the grade JONATHAN BENDER, and ending CHRIS- IN THE SPACE FORCE indicated under title 10, U.S.C., section 624: TOPHER J. VITALE, which nominations The following named officer for appoint- To be major general were received by the Senate and appeared in ment in the United States Space Force to the Congressional Record of August 13, 2020. Brig. Gen. Sean C. Bernabe the grade indicated while assigned to a posi- PN2184 ARMY nominations (10) beginning Brig. Gen. Patrick D. Frank tion of importance and responsibility under RAYMOND COLSTON, JR., and ending MAT- title 10, U.S.C., section 601: IN THE DEPARTMENT OF STATE THEW J. RIVAS, which nominations were To be general Alex Nelson Wong, of New Jersey, to be Al- received by the Senate and appeared in the Congressional Record of August 13, 2020. Lt. Gen. David D. Thompson ternate Representative of the United States PN2185 ARMY nominations (11) beginning The following named officer for appoint- of America for Special Political Affairs in JAMES 0. BOWEN, and ending PHILIP A. ment in the permanent grade indicated in the United Nations, with the rank of Ambas- WINN, which nominations were received by the United States Space Force under title 10, sador. the Senate and appeared in the Congres- U.S.C., section 716: Alex Nelson Wong, of New Jersey, to be an Alternate Representative of the United sional Record of August 13, 2020. To be major general States of America to the Sessions of the PN2186 ARMY nominations (10) beginning Lt. Gen. David D. Thompson General Assembly of the United Nations dur- ANDREW T. CONANT, and ending RAVIND IN THE AIR FORCE ing his tenure of service as Alternate Rep- RA V. WAGH, which nominations were re- The following named officer for appoint- resentative of the United States of America ceived by the Senate and appeared in the ment as Vice Chief of Staff of the Air Force for Special Political Affairs in the United Congressional Record of August 13, 2020. and appointment in the United States Air Nations. PN2221 ARMY nomination of Fred J. Force to the grade indicated while assigned Kenneth R. Weinstein, of the District of Grospin, which was received by the Senate to a position of importance and responsi- Columbia, to be Ambassador Extraordinary and appeared in the Congressional Record of bility under title 10, U.S.C., sections 601 and and Plenipotentiary of the United States of September 10, 2020. 9034: America to Japan. PN2222 ARMY nomination of Matthew E. Tullia, which was received by the Senate and To be general NOMINATIONS PLACED ON THE SECRETARY’S appeared in the Congressional Record of Sep- DESK Lt. Gen. David W. Allvin tember 10, 2020. IN THE AIR FORCE IN THE ARMY IN THE MARINE CORPS The following named officer for appoint- PNl 788 AIR FORCE nominations (31) be- PN2170 MARINE CORPS nomination of An- ment in the United States Army to the grade ginning BRIAN H. ADAMS, and ending thony J. Bertoglio, which was received by indicated while assigned to a position of im- MARY JEAN WOOD, which nominations the Senate and appeared in the Congres- portance and responsibility under title 10, were received by the Senate and appeared in sional Record of August 6, 2020. U.S.C., section 601: the Congressional Record of May 4, 2020. PN2176 MARINE CORPS nomination of To be lieutenant general PN2165 AIR FORCE nomination of James John Stephens, which was received by the E. Key, III, which was received by the Senate Lt. Gen. Andrew P. Poppas Senate and appeared in the Congressional and appeared in the Congressional Record of The following named officer for appoint- Record of August 6, 2020. August 6, 2020. ment in the United States Army to the grade PN2192 MARINE CORPS nomination of An- PN2216 AIR FORCE nominations (129) be- indicated while assigned to a position of im- gela M. Nelson, which was received by the ginning PAUL JEFFREY AFFLECK, and portance and responsibility under title 10, Senate and appeared in the Congressional ending JOSEPH F. ZINGARO, which nomina- U.S.C., section 601: Record of August 13, 2020. tions were received by the Senate and ap- To be lieutenant general PN2230 MARINE CORPS nomination of peared in the Congressional Record of Sep- Luke D. Zumbusch, which was received by Maj. Gen. James J. Mingus tember 10, 2020. the Senate and appeared in the Congres- IN THE NAVY PN2217 AIR FORCE nomination of Michael sional Record of September 10, 2020. The following named officer for appoint- B. Parks, which was received by the Senate PN2231 MARINE CORPS nomination of ment in the United States Navy to the grade and appeared in the Congressional Record of Richard M. Rusnok, which was received by indicated while assigned to a position of im- September 10, 2020. the Senate and appeared in the Congres- portance and responsibility under title 10, PN2218 AIR FORCE nomination of Brian P. sional Record of September 10, 2020. U.S.C., section 601, and for appointment as a O’Connor, which was received by the Senate PN2232 MARINE CORPS nomination of Senior Member of the Military Staff Com- and appeared in the Congressional Record of Damon K. Burrows, which was received by mittee of the United Nations under title 10, September 10, 2020. the Senate and appeared in the Congres- U.S.C., Section 711: PN2219 AIR FORCE nomination of Samuel sional Record of September 10, 2020. P. Baxter, which was received by the Senate To be vice admiral IN THE NAVY and appeared in the Congressional Record of Lisa M. Franchetti September 10, 2020. PN2168 NAVY nomination of Brian F. IN THE ARMY PN2220 AIR FORCE nomination of Ryan M. O’Bannon, which was received by the Senate The following named Army National Guard Vanartsdalen, which was received by the and appeared in the Congressional Record of of the United States officer for appointment Senate and appeared in the Congressional August 6, 2020. in the Reserve of the Army to the grade indi- Record of September 10, 2020. PN2169 NAVY nomination of Inaraquel Mirandavargas, which was received by the cated under title 10, U.S.C., sections 12203 IN THE ARMY and 12211: Senate and appeared in the Congressional PN1851 ARMY nomination of Mark J. Rich- Record of August 6, 2020. To be brigadier general ardson, which was received by the Senate PN2187 NAVY nomination of Kristen L. Col. William F. McClintock and appeared in the Congressional Record of Kinner, which was received by the Senate IN THE MARINE CORPS May 11, 2020. and appeared in the Congressional Record of The following named officer for appoint- PN2166 ARMY nomination of Luis 0. Rodri- August 13, 2020. ment in the United States Marine Corps to guez, which was received by the Senate and PN2188 NAVY nomination of Jeffrey B. the grade indicated while assigned to a posi- appeared in the Congressional Record of Au- Parks, which was received by the Senate and tion of importance and responsibility under gust 6, 2020. appeared in the Congressional Record of Au- title 10, U.S.C., sections 601: PN2167 ARMY nomination of Kyle C. gust 13, 2020. Furfari, which was received by the Senate To be lieutenant general PN2189 NAVY nomination of William F. and appeared in the Congressional Record of Blanton, which was received by the Senate Maj. Gen. Michael S. Groen August 6, 2020. and appeared in the Congressional Record of Gregory Scott Tabor, of Arkansas, to be PN2180 ARMY nominations (2) beginning August 13, 2020. United States Marshal for the Western Dis- EDWARD J. COLEMAN, and ending PN2190 NAVY nomination of Michael J. trict of Arkansas for the term of four years, MICHAELE. KELLY, which nominations Armstrong, which was received by the Sen- vice Harold Michael Oglesby, term expired. were received by the Senate and appeared in ate and appeared in the Congressional IN THE AIR FORCE the Congressional Record of August 13, 2020. Record of August 13, 2020. The following named officer for appoint- PN2181 ARMY nomination of Renn D. Polk, PN2191 NAVY nomination of Chadwick G. ment in the United States Air Force to the which was received by the Senate and ap- Shroy, which was received by the Senate and

VerDate Sep 11 2014 07:01 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\A30SE6.010 S30SEPT1 SSpencer on DSK126QN23PROD with SENATE September 30, 2020 CONGRESSIONAL RECORD — SENATE S5933 appeared in the Congressional Record of Au- home going service at the church he velopment Corporation—and named gust 13, 2020. pastored for the last 20 years, the Met- Rev. Finney as its president. PN2223 NAVY nomination of Terrance L. ropolitan Apostolic Church in TWO organized Woodlawn residents Leighton, Ill, which was received by the Sen- Bronzeville. Among those paying trib- to stand up to absentee slumlords, who ate and appeared in the Congressional Record of September 10, 2020. ute to Rev. Finney at his home going owned much of the housing in PN2224 NAVY nomination of Todd D. were Chicago Mayor Lori Lightfoot and Woodlawn and other low-income neigh- Strong, which was received by the Senate Cook County Board President Toni borhoods on the South and West sides. and appeared in the Congressional Record of Preckwinkle. They are among more It pushed back against plans by the September 10, 2020. than two generations of Chicago lead- University of Chicago to expand its PN2225 NAVY nomination of Nathan D. ers whose careers in public service Rev. campus south, into Woodlawn, plans Huffaker, which was received by the Senate Finney helped to nurture. Another pub- that would have driven out longtime and appeared in the Congressional Record of lic servant whose work as a community Woodlawn residents and businesses. September 10, 2020. PN2226 NAVY nomination of Emily M. organizer on the South Side of Chicago The group also fought against ‘‘sub- Benzer, which was received by the Senate was was inspired in part by Rev. standard, segregated housing, high un- and appeared in the Congressional Record of Finney couldn’t attend the service but employment, poor schools, inadequate September 10, 2020. paid his respects in a letter read by public services, community health con- PN2227 NAVY nomination of David M. Rev. Finney’s granddaughter. cerns and other persistent social prob- Lalanne, which was received by the Senate ‘‘Doc was always there for us,’’ the lems.’’ and appeared in the Congressional Record of letter read. It was signed: ‘‘Barack Over the years, WCDC helped attract September 10, 2020. Obama.’’ In the 1960s, after Dr. King more than $300 million in commercial PN2228 NAVY nomination of Jean E. and Rev. Vivian had left Chicago, Leon and residential development in Knowles, which was received by the Senate and appeared in the Congressional Record of Finney stayed. He understood that ‘‘uninvestable’’ communities. The or- September 10, 2020. progress is a long march. Systemic rac- ganization developed nearly 1,700 PN2229 NAVY nomination of Kevin M. Ray, ism and deep, generational poverty apartments and homes for low- and which was received by the Senate and ap- can’t be eliminated in a year or two. moderate-income families, mostly in peared in the Congressional Record of Sep- Real change, real progress requires sus- Woodlawn but throughout the South tember 10, 2020. tained commitment and effort. It re- Side. It managed 9,000 rental apart- IN THE SPACE FORCE quires strategy, not just slogans. ments in Chicago and Gary, IN. It em- PN2171 SPACE FORCE nominations (5) be- Above all, Rev. Finney understood that ployed 400 Black men and women, as ginning DAVID L. RANSOM, and ending real progress can’t be delivered from many or more than almost any other JAMES C. KUNDERT, which nominations outside or imposed from above. It has employer in Chicago except for govern- were received by the Senate and appeared in to come from the people who live in a ment. Many of its early victories were the Congressional Record of August 6, 2020. community. He believed in power of achieved before the creation of real es- PN2172 SPACE FORCE nominations (634) beginning DAVID R. ANDERSON, and ending grassroots democracy to transform in- tate investment trusts, affordable DEVIN L. ZUFELT, which nominations were dividual lives and whole communities. housing tax credits, enterprise zones, received by the Senate and appeared in the Leon Finney was a Chicagoan by and other government incentive pro- Congressional Record of August 6, 2020. choice, not birth. He was born 82 years grams to attract capital to low-income f ago in Louise, MS., the eldest of six and minority neighborhoods. TWO and children. His father, Leon Sr., moved WCDC became national models for LEGISLATIVE SESSION the family north to Chicago when his community investment a revitaliza- children were young, part of the Great tion. Migration. In 1940, his dad opened his Rev. Finney forged alliances with MORNING BUSINESS first restaurant, Leon’s Bar-B-Q, in elected leaders because he wanted to Mr. PORTMAN. Mr. President, I ask Chicago’s Woodlawn neighborhood. In have a seat at the table when the inter- unanimous consent that the Senate its heyday, Leon’s had four locations ests of his community were being de- proceed to legislative session and be in throughout the South Side. Leon Sr. cided. He was appointed to powerful a period of morning business, with Sen- was Chicago’s ‘‘Bar-B-Q King.’’ government boards, including the Chi- ators permitted to speak therein for up In the early 1960s, Leon Jr. enlisted cago Housing Authority, the Chicago to 10 minutes each. in the U.S. Marine Corps. He served as Plan Commission, the Monitoring The PRESIDING OFFICER. Without a military police officer and criminal Commission for School Desegregation objection, it is so ordered. investigator. After the Marines, he re- for Chicago Public Schools, and Chi- f turned to Chicago and founded Christ cago State University. Apostolic Church in Woodlawn. He In 1993, he joined the faculty of REMEMBERING REV. LEON served as its pastor for two decades, McCormick Theological Seminary on FINNEY, JR. until that church merged with Metro- the University of Chicago campus. As a Mr. DURBIN. Mr. President, on July politan Apostolic Community Church— professor of African American Leader- 17, America lost two giants of justice: ‘‘The Met’’—where he served as senior ship Studies and executive director of Congressman John Lewis and the Rev- pastor. the seminary’s African American Lead- erend C.T. Vivian. Sixty years ago, As his longtime friend and fellow ac- ership Partnership, he helped train John Lewis was the youngest member tivist, Father Michael Pfleger said: scores of new ministers in the work of of Dr. Martin Luther King’s inner cir- Rev. Finney was ‘‘one of the few pas- the social gospel. cle, and C.T. Vivian was Dr. King’s tors who still understood that just the He was not without fault. As he aged field marshal, organizing support for DNA of the gospel.’’ It wasn’t enough and the real estate industry became in- the civil rights movement throughout to preach about justice on Sunday creasingly complex, WCDC sometimes America. In 1966, when Martin Luther mornings. Rev. Finney believed that struggled to pace with the changes and King moved to Chicago to help break you needed to work for justice every missteps occurred. But despite the con- the grip of slumlords on mostly poor day. troversy, the imprint that Rev. Finney communities of color, C.T. Vivian In 1964 Rev. Finney joined The left on the South Side of Chicago and came with him. Woodlawn Organization, or TWO, a the good he achieved is profound. Earlier this month, we lost another grassroots group founded by the leg- In recent years, he suffered a series civil rights legend, a man who re- endary organizer Saul Alinsky. He of health setbacks, but he never mained in Chicago after Dr. King and joined forces with another South Side stopped working for justice. At his fu- Rev. Vivian left and who continued the civil rights legend, Bishop Arthur Bra- neral, a community developer who Rev. fight for the next 60 years for racial, zier, who had marched with Dr. King in Finney helped train recalled a recent social, and economic justice for people Chicago. In 1967, he became TWO’s ex- conversation they had about today’s and communities of color in Chicago. ecutive director. In 1969, TWO created a new movement for racial reckoning. The Rev. Leon Finney, Jr., was laid nonprofit development organization, ‘‘What’s the strategy going forward? to rest this past weekend following his WCDC—the Woodlawn Community De- Is a voter registrar marching with you

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His knee would investment and opportunities to the was an unmatched running back, a star never be the same. The rehabilitation South Side, it would remind the young receiver, and his kick returning program was difficult, but with Pic- people, especially the Black and Brown records remain to this day. But with colo’s encouragement, Sayers was able children, who live there about what is everything with Gale, there was never to return the following year. possible for them. enough time. His legendary career was Gale returned to playing in 1969, In a 2015 column, Rev. Finney wrote: cut short by injury. earning the NFL Comeback Player of ‘‘The young among us today, many of He passed away recently, and today, the Year, but Piccolo became ill. Pic- them, will grow up believing anyone we pay our respect to an extraordinary colo was coughing for weeks, and he can become president, regardless of life. was diagnosed with embryonic cell car- race. But some of us can remember Gale Eugene Sayers was born in cinoma. when the U.S. Supreme Court ruled in Wichita, KS, in 1943. His father was a He underwent surgery, but the dis- Brown vs. Board of Education that sep- mechanic and a car polisher, and his ease had spread to other organs. In arate was not equal; some are old mother was a homemaker. His family May, Gale earned the George S. Halas enough to have marched on Wash- moved to Omaha, NE, in the early fif- Award, an award recognizing the ington. Those events signaled the end ties, and Gale had his chance to play league’s most courageous player. In his of legal segregation in this country. sports for the first time there. At the speech for the award, Gale dedicated it But we never dreamed we would see a age of 13, he was playing kids who were to Brian Piccolo. Piccolo died on June man of African heritage elected presi- 19 and 20 years old. Gale learned early 16, 1970, at the age of 26. Gale was a dent—not in our lifetimes.’’ The South on that he didn’t want to be tackled by pallbearer at the funeral. The chapter Side, the community that was home to larger people, so he made sure he on their friendship in Gale’s autobiog- Harold Washington, Richard Wright, wasn’t. In high school, he was not only raphy, ‘‘I Am Third,’’ is the basis of the Mahalia Jackson, and many other pio- a star running back, but he was also a 1971 movie ‘‘Brian’s Song,’’ the most- neers for racial justice, was the right track star. His record in long jump watched TV movie in history at the home, he said, for the President stood for 44 years. time. Obama’s library. Dozens of colleges offered Gale schol- In 1971, Gale suffered another knee Loretta and I offer our condolences arships, but he chose Kansas Univer- injury, and it was never right again. He to Rev. Finney’s many friends, col- sity because he liked the coach and retired in 1972 at the age of 29. It is a leagues, students, and especially to his that it was relatively close to home. testament to the extraordinary talent family: his son Leon III, his daughter There, he was dubbed the Kansas of Gale Sayers, only playing 68 games, Kristian Finney-Cooke, his son-in-law Comet. He was the first player in that in 1977, he was Ge youngest player Dr. Gerald Cooke, and his three grand- NCAA Division 1A history to record a ever to be voted into the NFL Hall of children. 99-yard run when he broke loose Fame at the age of 34. His statistics Several years ago, McCormick Theo- against the University of Nebraska in still remain competitive and as records logical Seminary held a gathering to 1963. His two-time All-American honors decades later. honor Rev. Finney. The occasion was led to the Bears picking him as the No. After his NFL career, Gale returned the 20th anniversary of the program he 4 overall pick in the 1965 NFL Draft. to the University of Kansas as an as- had founded to train African-American Gale Sayers’ NFL career began like sistant athletic director and student. ministers. Graduates of the program, lightning. He returned a punt 77 yards He completed his bachelor’s degree in including many community leaders, in his first preseason game, returned a physical education in 1975 and received spoke of the profound influence Rev. kickoff 93 yards, and threw a touch- a master’s degree in educational ad- Finney had had on their lives. When it down pass with his nondominant hand. ministration in 1977. He was the ath- came time for him to speak, Rev. For the season, he led the league in all- letic director at Southern Illinois Uni- Finney implored them to always re- purpose yards and set the league record versity until 1981. Gale also supported member to put the mission of the Gos- at the time of 22 touchdowns, earning the Cradle, a Chicago-area adoption pel before their own egos. He recited the rookie of the year award. agency that launched the Ardythe and one of his favorite Bible passages; the Wrigley Field is famously the home Gale Sayers Center for African Amer- Gospel of Luke, chapter 4, verse 18: of the Chicago Cubs, but the greatest ican Adoption in 1999. In 2007, Gale tes- ‘‘The Spirit of the Lord is on me, be- performance on that field was by Gale tified in Congress along with several cause he has anointed me to proclaim Sayers. The Chicago Bears played there other players that the NFL needed to good news to the poor. He has sent me from 1921 to 1970. In December 1965, improve its disability benefits system to proclaim freedom for the prisoners Wrigley Field’s playing surface was for retired players. and recovery of sight for the blind, to terrible. Players of both the Chicago Sayers is survived by his wife set the oppressed free.’’ Bears and San Francisco 49ers were Ardythe Elaine Bullard, his brothers Leon Finney remained true to his struggling to keep their footing in the Roger and Ron, his sons Timothy and mission. Martin Luther King and C.T. rain, but Gale wasn’t one of them. He Scott, his daughter Gale Lynne, and Vivian helped sketch a vision for a new scored six touchdowns that day. He his stepsons Guy, Gaylon, and Gary. Chicago, but Leon Finney worked for might have scored seven or eight, but f more than 50 years to make that bet- with a lopsided score, Bears Coach TRIBUTE TO MARK GUETHLE ter, fairer Chicago a reality. The good George Halas sat him down. The 49ers he achieved will benefit our city, our went on to form a special defense just Mr. DURBIN. Mr. President, Mark State, and our Nation for years to for Gale Sayers. Guethle probably isn’t the sort of per- come. Sayers had many brilliant games, but son you picture when you hear the f one of the revolutionary moments his word ‘‘feminist.’’ Mark is a big guy: 6- life was off the field when he was room- foot-1, strong and muscular. It is easy REMEMBERING GALE SAYERS mates with fullback Brian Piccolo. to imagine him as the star linebacker Mr. DURBIN. Mr. President, when Sayers and Piccolo were the NFL’s he was in high school. He spent decades Chicago Bears football great Gale Say- first interracial roommate duo. When as a labor leader in the building trades, ers was on the field, you knew some- many lines were drawn between Black one of the toughest, most manhood- thing extraordinary would happen. and White players, Sayers and Piccolo driven segments of the American labor The press labeled him the ‘‘Kansas set a new path for the league. They be- movement. But Mark Guethle has Comet.’’ His teammates called him came best friends. worked harder to help good women get

VerDate Sep 11 2014 10:52 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\A30SE6.009 S30SEPT1 SSpencer on DSK126QN23PROD with SENATE September 30, 2020 CONGRESSIONAL RECORD — SENATE S5935 elected to public office in my State of State, and encouraging better labor- party, because that is what he cares Illinois than almost any man I know. management relations through the use most about. I am proud to call Mark At a time when many Americans feel of project-management agreements. my friend, and Loretta and I wish him understandably dismayed about the Mark has also taken courageous stands and Louise all the best as they begin state of our politics, Mark Guethle has on issues including immigrant rights, this new chapter of their lives. helped to introduce new candidates, women’s rights, and marriage equality. (At the request of Mr. DURBIN, the new leaders, new ideas, and a cautious Mark’s commitment to social and following statement was ordered to be new sense of hope in government and economic justice and his nuts-and-bolts printed in the RECORD.) hope in the future in Kane County, IL, understanding of how politics works f one of the ‘‘collar counties’’ sur- are qualities he acquired growing up in VOTE EXPLANATION rounding Chicago. That is what Mark a politically active union family. He has achieved in nearly 20 years as learned how to knock on doors and dis- ∑ Mr. TESTER. Mr. President, I was chairman of the Kane County Demo- tribute yard signs for candidates when absent due to an urgent family matter cratic Party. But that is just one part he was just a kid, and at age 60, he still requiring my attention when the Sen- of Mark’s story and his busy life. spends an incredible amount of time ate voted on vote No. 196 on the motion In addition, since 2003, Mark has and energy on such tasks. When there to invoke cloture on H.R. 8337, the con- served as a member of his town’s coun- is work to be done, whether its phone tinuing resolution. On vote No. 196, had cil, the North Aurora Village Board of banking or neighborhood canvassing, I been present, I would have voted yea. Mr. President, I was absent due to an Trustees. On top of all of that, for you can be sure that Mark will be the urgent family matter requiring my at- nearly a quarter century, Mark first to arrive and the last to quit. Guethle has been a union leader with When Mark was elected Kane County tention when the Senate voted on vote Painters District Council 30, Local Democratic chair in 2002, there were no No. 197 on passage of H.R. 8337, a bill Union 97, which covers most of north- Democrats in the county serving at the making continuing appropriations for central Illinois outside of Chicago. State or Federal level—none. Today, fiscal year 2021. On vote No. 197, had I This past month, Mark retired from his Democrats hold every congressional been present, I would have voted yea. Mr. President, I was absent due to an union job: director of government af- seat serving the county. One of those urgent family matter requiring my at- fairs for of Painters District Council 30. House members, LAUREN UNDERWOOD, tention when the Senate voted on vote He leaves with a proud record of is the only nurse now serving in Con- No. 198 on the motion to proceed to the achievement. gress. In the Illinois General Assembly, Message to accompany S. 178, UIGHUR Interestingly, he didn’t start out to Kane County is represented by two Act of 2019. On vote No. 198, had I been be a labor leader or a painter. At Pro- Democratic senators and four house viso West High School in Hillside, IL, present, I would have voted nay. members, all of them women. Mr. President, I was absent due to an he was a star athlete in three sports: ‘‘We run women because we want to urgent family matter requiring my at- baseball, basketball, and football. It win,’’ is how Mark once described his tention when the Senate voted on vote was his performance as a linebacker recruitment strategy. I suspect there is No. 199 on the motion to table Tillis that drew the most attention. He was a little more to it. You see, Mark’s amendment No. 2673. On vote No. 199, recruited by coaching legend Bo mother was a brilliant woman who had I been present, I would have voted Schembechler to play for one of the graduated from the University of Chi- yea.∑ best college football teams in the Na- cago when she was 16 years old, but tion, the University of Michigan Wol- like so many women of her generation, f verines, but a bad accident during the her career choices were limited because ARMS SALES NOTIFICATION summer after his high school gradua- of her gender. She died when Mark was Mr. RISCH. Mr. President, section tion set his life on a different course. 22 years old, but she inspired in Mark 36(b) of the Arms Export Control Act During a robbery at a gas station and her other four children a profound requires that Congress receive prior no- where he was working, Mark’s arm was belief in what women could achieve if tification of certain proposed arms badly injured by a piece of shattered given a fair chance. sales as defined by that statute. Upon glass. The University of Michigan said Mark Guethle is the embodiment of such notification, the Congress has 30 it would wait for Mark’s arm to heal grassroots democracy. The people of calendar days during which the sale but Mark’s dad, a union carpenter, sug- Kane County and all Illinois’ working may be reviewed. The provision stipu- gested that Mark try a different path families owe a lot to Mark and to his lates that, in the Senate, the notifica- and join his union. Mark agreed, but mom, Loretta. Mark is also respected tion of proposed sales shall be sent to the carpenters weren’t taking new by Republicans as a man of principles. the chairman of the Senate Foreign members at that time. One of his close friends, North Aurora Relations Committee. Mark’s uncle, a union painter, sug- mayor Dale Berman, was a lifelong Re- In keeping with the committee’s in- gested he try the painters union. He publican who Mark actually persuaded, tention to see that relevant informa- was hired as an apprentice at the age of by example, to become a Democrat. tion is available to the full Senate, I 19. As it turned out, Mark had just the Stepping down from the union job ask unanimous consent to have printed personal qualities that a good painter will leave Mark more time for his work in the RECORD the notifications which needs: attention to detail, a tenacious with his town’s board of trustees and have been received. If the cover letter work ethic, and an unusual ability to the Kane County Democratic Party. It references a classified annex, then such listen to people and understand what will mean more time for Mark and annex is available to all Senators in they want. He started as an organizer Louise, his wife of 31 years, to perform the office of the Foreign Relations for District Council 30 in 1997. Five in their church choir. Mark will have Committee, room SD–423. years later, he was hired as the district more time to watch his beloved Chi- There being no objection, the mate- council’s governmental affairs direc- cago Cubs—on TV for now, rather than rial was ordered to be printed in the tor, the position he held until he re- in the bleachers, which he prefers. He RECORD, as follows: will have more time for playing key- tired from the union at the start of DEFENSE SECURITY this month. boards in his cover band and more time COOPERATION AGENCY, As a labor leader, Mark fought for re- to practice on his guitar and ukulele, Arlington, VA. spect and fair treatment not only for and he will have more time to spend Hon. JAMES E. RISCH, members of his union but for all work- with his sons, Marcus and Brian, and Chairman, Committee on Foreign Relations, ing people in the State of Illinois. The his four grand-daughters, whom he U.S. Senate, Washington, DC. list of State laws that he has helped adores. DEAR MR. CHAIRMAN: Pursuant to the re- enact is long and impressive. It in- Lastly, I am certain that Mark will porting requirements of Section 36(b)(1) of the Arms Export Control Act, as amended, cludes increasing Illinois’ minimum spend even more time listening to his we are forwarding herewith Transmittal No. wage, protecting overtime pay, neighbors in Kane County and finding 20–70, concerning the Air Force’s proposed strengthening collective bargaining new ways to make government work Letter(s) of Offer and Acceptance to the Gov- rights and the prevailing wage in our for them, regardless of their political ernment of India for defense articles and

VerDate Sep 11 2014 07:01 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G30SE6.066 S30SEPT1 SSpencer on DSK126QN23PROD with SENATE S5936 CONGRESSIONAL RECORD — SENATE September 30, 2020 services estimated to cost $90 million. After This proposed sale will support the foreign ARMS SALES NOTIFICATION this letter is delivered to your office, we plan policy and national security of the United Mr. RISCH. Mr. President, section to issue a news release to notify the public of States by helping to strengthen the U.S.-In- this proposed sale. dian strategic relationship and improve the 36(b) of the Arms Export Control Act Sincerely, security of a major defensive partner, which requires that Congress receive prior no- HEIDI H. GRANT, continues to be an important force for polit- tification of certain proposed arms Director. ical stability, peace, and economic progress sales as defined by that statute. Upon Enclosures. in the Indo-Pacific and South Asia region. such notification, the Congress has 30 TRANSMITTAL NO. 20–70 The proposed sale ensures the previously calendar days during which the sale procured aircraft operates effectively to Notice of Proposed Issuance of Letter of may be reviewed. The provision stipu- serve the needs of Indian Air Force, Army Offer Pursuant to Section 36(b)(1) of the lates that, in the Senate, the notifica- and Navy transport requirements, local and Arms Export Control Act, as amended tion of proposed sales shall be sent to international humanitarian assistance, and (i) Prospective Purchaser: Government of regional disaster relief. This sale of spares the chairman of the Senate Foreign India. and services will enable the Indian Air Force Relations Committee. (ii) Total Estimated Value: to sustain a mission-ready status with re- In keeping with the committee’s in- Major Defense Equipment* $0 million. spect to the C–130J transport. India will have tention to see that relevant informa- Other $90 million. no difficulty absorbing this additional tion is available to the full Senate, I Total $90 million. sustainment support. ask unanimous consent to have printed (iii) Description and Quantity or Quan- The proposed sale of this equipment and in the RECORD the notifications which tities of Articles or Services under consider- support will not alter the basic military bal- ation for Purchase: The Government of India have been received. If the cover letter ance in the region. references a classified annex, then such has requested to buy items and services to The prime contractor will be Lockheed- extend follow-on support for its fleet of C– Martin Company, Marietta, Georgia. There annex is available to all Senators in 130J Super Hercules aircraft. These items in- are no known offsets proposed in connection the office of the Foreign Relations clude: with this potential sale. Committee, room SD–423. Major Defense Equipment (MDE): None. Implementation of this proposed sale will There being no objection, the mate- Non-MDE: Aircraft consumables spares and not require the assignment of any additional rial was ordered to be printed in the repair/return parts; ground support and U.S. Government or contractor representa- RECORD, as follows: equipment; Cartridge Actuated Devices/Pro- tives India. DEFENSE SECURITY pellant Actuated Devices (CAD/PAD) fire ex- There will be no adverse impact on U.S. de- COOPERATION AGENCY, tinguisher cartridges; flare cartridges; BBU– fense readiness as a result of this proposed Arlington, VA. 35/B cartridge impulse squibs; one spare AN/ sale. Hon. JAMES E. RISCH, ALR–56M Advanced Radar Warning Receiver TRANSMITTAL NO. 20–70 shipset; spare AN/ALE–47 Counter-Measures Chairman, Committee on Foreign Relations, Notice of Proposed Issuance of Letter of Dispenser System shipset; ten Lightweight U.S. Senate, Washington, DC. Offer Pursuant to Section 36(b)(1) of the DEAR MR. CHAIRMAN: Pursuant to the re- Night Vision Binocular (F5032); ten AN/AVS– Arms Export Control Act porting requirements of Section 36(b)(1) of 9 Night Vision Goggle (NVG)(F4949); GPS; the Arms Export Control Act, as amended, Electronic Warfare; instruments and lab Annex Item No. vii we are forwarding herewith Transmittal No. (vii) Sensitivity of Technology: equipment support; Joint Mission Planning 20–63 concerning the Navy’s proposed Let- 1. The AN/ALR–56M is a computer con- System; cryptographic device spares and ter(s) of Offer and Acceptance to the Govern- trolled radar warning receiver (RWR). It loaders; software and software support; pub- ment of Japan for defense articles and serv- monitors the environment in an effort to de- lications and technical documentation; per- ices estimated to cost $55.311 million. After tect radar signals. Upon detection and iden- sonnel training and training equipment; U.S. this letter is delivered to your office, we plan tification of a valid radar signal, emitter and contractor engineering, technical, and to issue a news release to notify the public of identification is conveyed to the AN/ALE–47 logistical support; and other related ele- this proposed sale. countermeasures dispenser system. The ments of program support. Sincerely, ALR–56M has thirteen line replaceable units (iv) Military Department: Air Force (IN–D– (For Heidi H. Grant, Director). QAH). (LRUs): four I/J band DF receivers, an Anal- Enclosures. (v) Prior Related Cases, if any: IN–D–SAA, ysis Processor, a Superhet Controller, a TRANSMITTAL NO. 20–63 IN–D–SAD, IN–D–QAE. Superhet Receiver, a C/D band Receiver/ (vi) Sales Commission, Fee, etc. Paid, Of- Power supply, four I/J band antennas, and Notice of Proposed Issuance of Letter of fered, or Agreed to be Paid: None. one C/D band antenna. Offer Pursuant to Section 36(b)(1) of the (vii) Sensitivity of Technology Contained 2. The AN/ALE–47 Counter-Measures Dis- Arms Export Control Act, as amended in Defense Article or Defense Services Pro- pensing System (CMDS) is an integrated, (i) Prospective Purchaser: Government of posed to be Sold: See Attached Annex. threat-adaptive, software-programmable dis- Japan. (viii) Date Report Delivered to Congress: pensing system capable of dispending chaff, (ii) Total Estimated Value: Major Defense Equipment* $50.311 million. September 30, 2020. flares, and active radio frequency Other $ 5.000 million. expendables. The system is internally * As defined in Section 47(6) of the Arms Total $55.311 million. Export Control Act. mounted and may be operated as a stand- (iii) Description and Quantity or Quan- POLICY JUSTIFICATION alone system or may be integrated with tities of Articles or Services under Consider- other on-board electronic warfare and avi- India—C–130J Follow-on Support ation for Purchase: onics systems. The AN/ALE–47 uses data re- Major Defense Equipment (MDE): Up to The Government of India has requested to ceived over the aircraft interfaces to assess fifty-one (51) Rolling Airframe Missiles buy items and services to extend follow-on the threat situation and to determine a re- (RAM) Block 2 Tactical Missiles, RIM–116C. support for their fleet of C–130J Super Her- sponse. Non-MDE: Also included are RAM Guided cules aircraft. These items include aircraft 3. The highest level of classification of in- Missile Round Pack Tri-Pack shipping and consumables spares and repair/return parts; formation included in this potential sale is storage containers, operator manuals and ground support and equipment; Cartridge Ac- SECRET. technical documentation, U.S. Government tuated Devices/Propellant Actuated Devices 4. If a technologically advanced adversary and contractor engineering, technical and lo- (CAD/PAD) fire extinguisher cartridges; flare were to obtain knowledge of the specific gistics support services, and other related cartridges; BBU–35/B cartridge impulse hardware and software elements, the infor- elements of logistical and program support. squibs; one spare AN/ALR–56M Advanced mation could be used to develop counter- (iv) Military Department: Navy (JA–P– Radar Warning Receiver shipset; spare AN/ measures which might reduce weapon system AUF). ALE–47 Counter-Measures Dispenser System effectiveness or be used in the development (v) Prior Related Cases, if any: JA–P–ATK. shipset; ten Lightweight Night Vision Bin- of a system with similar or advanced capa- (vi) Sales Commission, Fee, etc., Paid, Of- ocular (F5032); ten AN/AVS–9 Night Vision bilities. fered, or Agreed to be Paid: None. Goggle (NVG)(F4949); GPS; Electronic War- 5. A determination has been made that the (vii) Sensitivity of Technology Contained fare; instruments and lab equipment support; recipient country can provide the same de- in the Defense Article or Defense Services Joint Mission Planning System; cryp- gree of protection for the sensitive tech- Proposed to be Sold: See Attached Annex. tographic device spares and loaders; software nology being released as the U.S. Govern- (viii) Date Report Delivered to Congress: and software support; publications and tech- ment. The sale is necessary in furtherance of September 28, 2020. * As defined in Section 47(6) of the Arms nical documentation; personnel training and the U.S. foreign policy and national security Export Control Act. training and training equipment; U.S. and objectives outline in the Policy Justifica- contractor engineering, technical, and tion. POLICY JUSTIFICATION logistical support; and other related ele- 6. All defense articles and services listed in Japan—RAM Block 7 Tactical Missiles ments of program support. The estimated this transmittal have been authorized for re- The Government of Japan has requested to total case value is $90 million. lease and export to the Government of India. buy up to fifty-one (51) Rolling Airframe

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The provision stipu- vanced Capability–3 (PAC–3) Missile Seg- elements of logistical and program support. lates that, in the Senate, the notifica- ment Enhancement (MSE) missiles. Also in- The estimated total cost is $55.311 million. tion of proposed sales shall be sent to cluded are eight (8) kitted 2-pack PAC–3 This proposed sale will support the foreign the chairman of the Senate Foreign MSE Missile Round Trainers (MRT), six ( 6) policy goals and national security objectives Relations Committee. kitted 2-pack PAC–3 MSE Empty Round of the United States by improving the secu- In keeping with the committee’s in- Trainers (ERT), four (4) PAC–3 MSE Skid rity of a major ally that is a force for polit- tention to see that relevant informa- Kits, one (1) Lot of Classified PAC–3 MSE ical stability and economic progress in the Concurrent Spare Parts (CSPs), one (I) Lot Asia-Pacific region. It is vital to U.S. nation is available to the full Senate, I of Unclassified PAC–3 MSE CSPs, and PAC– tional interest to assist Japan in developing ask unanimous consent to have printed 3 MSE repair and return processing support and maintaining a strong and effective self- in the RECORD the notifications which services, and other related elements of logis- defense capability. have been received. If the cover letter tics and program support. The total esti- These RAM Block 2 Tactical missiles will references a classified annex, then such mated program cost is $241 million. provide significantly enhanced area defense annex is available to all Senators in This proposed sale will support the foreign capabilities over critical East Asian and the office of the Foreign Relations policy and national security of the United Western Pacific air and sea-lines of commu- Committee, room SD–423. States by helping to improve security of a nication. Japan will have no difficulty ab- NATO ally which is an important force for sorbing these missiles into its armed forces. There being no objection, the mate- political stability and economic progress in The proposed sale of this equipment and rial was ordered to be printed in the Northern Europe. support will not alter the basic military bal- RECORD, as follows: This proposed sale will improve the Neth- ance in the region. DEFENSE SECURITY erlands’ missile defense capability to meet The prime contractor will be Raytheon COOPERATION AGENCY, current and future enemy threats. The Neth- Missiles and Defense Company, Tucson, AZ. Arlington, VA. erlands will use the enhanced capability to There are no known offset agreements pro- Hon. JAMES E. RISCH, strengthen its homeland defense and deter posed in connection with this potential sale. Chairman, Committee on Foreign Relations, regional threats, and provide direct support Implementation of this sale will not re- U.S. Senate, Washington, DC. to coalition and security cooperation efforts. quire the assignment of U.S. Government or DEAR MR. CHAIRMAN: Pursuant to the re- The Netherlands will have no difficulty ab- contractor representatives in Japan. porting requirements of Section 36(b)(1) of sorbing this equipment into its armed forces. There will be no adverse impact on U.S. de- the Arms Export Control Act, as amended, The proposed sale of this equipment and fense readiness as a result of this proposed we are forwarding herewith Transmittal No. support will not alter the basic military bal- sale. 20–59 concerning the Army’s proposed Let- ance in the region. TRANSMITTAL NO. 20–63 ter(s) of Offer and Acceptance to the Govern- The prime contractor will be Lockheed- Notice of Proposed Issuance of Letter of ment of the Netherlands for defense articles Martin, Dallas, TX. The purchaser typically Offer Pursuant to Section 36(b)(1) of the and services estimated to cost $241 million. requests offsets. Any offset agreement will Arms Export Control Act After this letter is delivered to your office, be defined in negotiations between the pur- we plan to issue a news release to notify the Annex Item No. vii chaser and the contractor(s). public of this proposed sale. Implementation of this proposed sale will (vii) Sensitivity of Technology: Sincerely, not require the assignment of any additional 1. The RIM–116C Rolling Airframe Missile HEIDI H. GRANT, U.S. Government or contractor representa- (RAM) is an autonomous (i.e., ‘‘fire and for- Director. tives to the Netherlands. get’’) lightweight, supersonic, surface-to-air Enclosures. There will be no adverse impact on U.S. de- tactical missile for ship self-defense against TRANSMITTAL NO. 20–59 fense readiness as a result of this proposed current and evolving anti-ship cruise missile Notice of Proposed Issuance of Letter of sale. threats. Advanced technology in the RIM– Offer Pursuant to Section 36(b)(1) of the 116C includes dual-mode RF/IR (radio fre- TRANSMITTAL NO. 20–59 Arms Export Control Act, as amended quency/infrared) guidance with IR all-the- Notice of Proposed Issuance of Letter of way capability for non-emitting threats. (i) Prospective Purchaser: Government-of Offer Pursuant to Section 36(b)(1) of the 2. The Rolling Airframe Missile (RAM) is a the Netherlands. Arms Export Control Act (ii) Total Estimated Value: product of a cooperative program with Ger- Annex Item No. vii many and has been executed, since 1976, Major Defense Equipment* $194 million. (vii) Sensitivity of Technology: under a series of governing Memoranda of Other $47 million. 1. The Patriot Advanced Capability (PAC– Understanding/Memoranda of Agreements Total $241 million. 3) Missile Segment Enhancements (MSE) is a (MOU/MOAs) for the development, produc- (iii) Description and Quantity or Quan- small, highly agile, kinetic kill interceptor tion, and in-service support between the tities of Articles or Services under Consider- for defense against tactical ballistic mis- United States and Germany. ation for Purchase: siles, cruise missiles and air-breathing 3. The highest level of classification of in- Major Defense Equipment (MDE): threats. The MSE variant of the PAC–3 mis- formation included in this potential sale is Thirty-four (34) Patriot Advanced Capa- sile represents the next generation in hit-to- CONFIDENTIAL. bility–3 (PAC–3) Missile Segment Enhance- kill interceptors and provides expanded 4. If a technologically advanced adversary ment (MSE) Missiles. battlespace against evolving threats. The were to obtain knowledge of the specific Non-MDE: Also included are eight (8) PAC–3 MSE improves upon the original PAC– hardware and software elements, the infor- kitted 2-pack PAC–3 MSE Missile Round 3 capability with a higher performance solid mation could be used to develop counter- Trainers (MRT), six (6) kitted 2-pack PAC–3 rocket motor, modified lethality enhancer, measures that might reduce weapon system MSE Empty Round Trainers (ERT), four (4) more responsible control surfaces, upgraded effectiveness or be used in the development PAC–3 MSE Skid Kits, one (1) Lot of Classi- guidance software and insensitive munitions of a system with similar or advanced capa- fied PAC–3 MSE Concurrent Spare Parts improvements. bilities. (CSPs), one (1) Lot of Unclassified PAC–3 2. The highest level of classification of de- 5. A determination has been made that MSE CSPs, and PAC–3 MSE repair and re- fense articles, components, and services in- Japan can provide substantially the same de- turn processing support services, and other cluded in this potential sale is SECRET. gree of protection for the sensitive tech- related elements of logistics and program 3. If a technologically advanced adversary nology being released as the U.S. Govern- support. were to obtain knowledge of the hardware ment. This sale is necessary in furthering (iv) Military Department: Army (NE–B–Y and software elements, the information U.S. foreign policy and national security ob- AF). (v) Prior Related Cases, if any: NE–B–WBV. could be used to develop countermeasures or jectives outlined in the Policy Justification. (vi) Sales Commission, Fee, etc., Paid, Of- equivalent systems which might reduce sys- 6. All defense articles and services listed in fered, or Agreed to be Paid: None. tem effectiveness or be used in the develop- this transmittal have been authorized for re- (vii) Sensitivity of Technology Contained ment of a system with similar or advanced lease and export to Japan. in the Defense Article or Defense Services capabilities. f Proposed to be Sold: See Attached Annex. 4. A determination has been made that the ARMS SALES NOTIFICATION (viii) Date Report Delivered to Congress: Netherlands can provide substantially the September 24, 2020. same degree of protection for the technology Mr. RISCH. Mr. President, section * As defined in Section 47(6) of the Arms being released as the U.S. Government. This 36(b) of the Arms Export Control Act Export Control Act. potential sale is necessary in furtherance of

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the U.S. foreign policy and national security Non-MDE: Communications equipment; TRANSMITTAL NO. 20–43 objectives as outlined in the Policy Jus- tools and test equipment; range and test pro- Notice of Proposed Issuance of Letter of tification. grams; support equipment to include associ- Offer Pursuant to Section 36(b)(1) of the 5. All defense articles and services listed in ated vehicles; prime movers; generators; Arms Export Control Act this transmittal have been authorized for re- publications and technical documentation; Annex Item No. vii lease and export to the Netherlands. training equipment; spare and repair parts; (vii) Sensitivity of Technology: f personnel training; Technical Assistance Field Team (TAFT); U.S. Government and 1. The Patriot Air Defense System is a sur- ARMS SALES NOTIFICATION contractor technical, engineering, and logis- face-to-air missile defense system, which continues to hold a significant technology Mr. RISCH. Mr. President, section tics support services; Systems Integration and Checkout (SICO); field office support; lead over other systems in the world. The 36(b) of the Arms Export Control Act and other related elements of logistics and Patriot Air Defense System contains com- requires that Congress receive prior no- program support. munication, identification, navigation, and tification of certain proposed arms (iv) Military Department: Army (SZ–B– tactical software. The items requested rep- sales as defined by that statute. Upon UAS). resent significant technological advances for such notification, the Congress has 30 (v) Prior Related Cases, if any: None. Switzerland. (vi) Sales Commission, Fee, etc., Paid, Of- 2. The Patriot sensitive/critical technology calendar days during which the sale fered, or Agreed to be Paid: None. is primarily in the area of design and produc- may be reviewed. The provision stipu- (vii) Sensitivity of Technology Contained tion know-how and inherent in the design, lates that, in the Senate, the notifica- in the Defense Article or Defense Services development and/or manufacturing data re- tion of proposed sales shall be sent to Proposed to be Sold: See Attached Annex. lated to certain components. the chairman of the Senate Foreign (viii) Date Report Delivered to Congress: 3. The highest level of classification of de- Relations Committee. September 30, 2020. fense articles, components, services, and in- * As defined in Section 47(6) of the Arms In keeping with the committee’s information on system performance capabili- Export Control Act. ties, effectiveness, survivability, missile tention to see that relevant informa- POLICY JUSTIFICATION seeker capabilities, select software/software tion is available to the full Senate, I Switzerland—Patriot Configuration-3+ documentation and test data included in this ask unanimous consent to have printed Modernized Fire Units potential sale are classified up to and includ- in the RECORD the notifications which The Government of Switzerland has re- ing SECRET. have been received. If the cover letter quested the possible sale of five (5) Patriot 4. Loss of this hardware, software, docu- references a classified annex, then such Configuration-3+ Modernized Fire Units, mentation and/or data could permit develop- annex is available to all Senators in consisting of: five (5) AN/MPQ–65 Radar Sets; ment of information which may lead to a significant threat to future U.S. military oper- the office of the Foreign Relations five (5) AN/MSQ–132 Engagement Control Stations; seventeen (17) M903 Launching Sta- ations. If an adversary were to obtain this Committee, room SD–423. sensitive technology, the missile system ef- There being no objection, the mate- tions; up to seventy (70) Patriot MIM–104E Guidance Enhanced Missile Tactical (GEM– fectiveness could be compromised through rial was ordered to be printed in the T) Missiles; seven (7) Antenna Mast Groups; reverse engineering techniques. RECORD, as follows: five (5) Electrical Power Plants (EPP) III; 5. A determination has been made that DEFENSE SECURITY and six (6) Multifunctional Information Dis- Switzerland can provide substantially the COOPERATION AGENCY, tribution System Low Volume Terminal same degree of protection for the sensitive Arlington, VA. (MIDS–LVT) (11) Block Upgrade Two (BU2). technology being released as the U.S. Gov- Hon. JAMES E. RISCH, Also included are communications equip- ernment. This sale is necessary in further- Chairman, Committee on Foreign Relations, ment; tools and test equipment; range and ance of the U.S. foreign policy and national U.S. Senate, Washington, DC. test programs; support equipment to include security objectives outlined in the Policy DEAR MR. CHAIRMAN: Pursuant to the re- associated vehicles; prime movers; genera- Justification. porting requirements of Section 36(b)(1) of tors; publications and technical documenta- 6. All defense articles and services listed in the Arms Export Control Act, as amended, tion; training equipment; spare and repair this transmittal have been authorized for re- we are forwarding herewith Transmittal No. parts; personnel training; Technical Assist- lease and export to the Government of Swit- 20–43 concerning the Army’s proposed Let- ance Field Team (TAFT); U.S. Government zerland. ter(s) of Offer and Acceptance to the Govern- and contractor technical, engineering, and f logistics support services; Systems Integra- ment of Switzerland for defense articles and ARMS SALES NOTIFICATION services estimated to cost $2.2 billion. After tion and Checkout (SICO); field office sup- this letter is delivered to your office, we plan port; and other related elements of logistics Mr. RISCH. Mr. President, section to issue a news release to notify the public of and program support. The total estimated 36(b) of the Arms Export Control Act this proposed sale. cost is $2.2 billion. requires that Congress receive prior no- Sincerely, This proposed sale will support the foreign tification of certain proposed arms policy and national security of the United HEIDI H. GRANT, sales as defined by that statute. Upon Director. States by helping to improve the security of Enclosures. a friendly European nation which is an im- such notification, the Congress has 30 portant force for political stability and eco- calendar days during which the sale TRANSMITTAL NO. 20–43 nomic progress within Europe. may be reviewed. The provision stipu- Notice of Proposed Issuance of Letter of The proposed sale of the Patriot missile lates that, in the Senate, the notifica- Offer Pursuant to Section 36(b)(1) of the system will improve Switzerland’s missile tion of proposed sales shall be sent to Arms Export Control Act, as amended defense capability. Switzerland will use the (i) Prospective Purchaser: Government of Patriot to defend its territorial integrity and the chairman of the Senate Foreign Switzerland. for regional stability. The proposed sale sup- Relations Committee. (ii) Total Estimated Value: ports Switzerland’s goal of improving na- In keeping with the committee’s in- Major Defense Equipment * $1.1 billion. tional and territorial defense. Switzerland tention to see that relevant informa- Other $1.1 billion. will have no difficulty absorbing this equip- tion is available to the full Senate, I Total $2.2 billion. ment into its armed forces. ask unanimous consent to have printed (iii) Description and Quantity or Quan- The proposed sale of this equipment and in the RECORD the notifications which tities of Articles or Services under Consider- support will not alter the basic military bal- ation for Purchase: The Government of Swit- ance in the region. have been received. If the cover letter zerland has requested the possible sale of five The prime contractors will be Raytheon references a classified annex, then such (5) Patriot Configuration-3+ Modernized Fire Corporation, Tewksbury, Massachusetts and annex is available to all Senators in Units, consisting of: Lockheed-Martin, Dallas, Texas. The pur- the office of the Foreign Relations Major Defense Equipment (MdE): chaser typically requests offsets. Any offset Committee, room SD–423. Five (5) AN/MPQ–65 Radar Sets. agreement will be defined in negotiations be- There being no objection, the mate- Five (5) AN/MSQ–132 Engagement Control tween the purchaser and the contractor. rial was ordered to be printed in the Stations. Implementation of this proposed sale will Seventeen (17) M903 Launching Stations. require approximately twenty-five (25) U.S. REORD, as follows: Up to seventy (70) Patriot MIM–104E Guid- Government and forty (40) contractor rep- DEFENSE SECURITY ance Enhanced Missile Tactical (GEM–T) resentatives to travel to Switzerland for an COOPERATION AGENCY, Missiles. extended period for equipment de-processing/ Arlington, VA. Seven (7) Antenna Mast Groups. fielding, system checkout, training, and Hon. JAMES E. RISCH, Five (5) Electrical Power Plants (EPP) III. technical and logistics support. Chairman, Committee on Foreign Relations, Six (6) Multifunctional Information Dis- There will be no adverse impact on U.S. de- U.S. Senate, Washington, DC. tribution System Low Volume Terminal fense readiness as a result of this proposed DEAR MR. CHAIRMAN: Pursuant to the re- (MIDS–LVT) (11) Block Upgrade Two (BU2). sale. porting requirements of Section 36(b)(l) of

VerDate Sep 11 2014 10:52 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\A30SE6.017 S30SEPT1 SSpencer on DSK126QN23PROD with SENATE September 30, 2020 CONGRESSIONAL RECORD — SENATE S5939 the Arms Export Control Act, as amended, (viii) Date Report Delivered to Congress: resentatives for technical reviews/support, we are forwarding herewith Transmittal No. September 30, 2020. program management and training over the 20–35 concerning the Air Force’s proposed * As defined in Section 47(6) of the Arms life of the program. U.S. contractor rep- Letter(s) of Offer and Acceptance to the Gov- Export Control Act. resentatives will be required in Switzerland ernment of Switzerland for defense articles POLICY JUSTIFICATION to conduct Contractor Engineering Tech- and services estimated to cost $6.58 billion. Switzerland—F–35 Joint Strike Fighter nical Services (CETS) and Autonomic Logis- After this letter is delivered to your office, Aircraft and Weapons tics and Global Support (ALGS). we plan to issue a news release to notify the There will be no adverse impact on U.S. de- The Government of Switzerland requested public of this proposed sale. fense readiness as a result of this proposed to buy up to forty (40) F–35 Joint Strike Sincerely, sale. Fighter Conventional Take Off and Landing HEIDI H. GRANT, TRANSMITTAL NO. 20–35 (CTOL) aircraft; forty-six (46) Pratt & Whit- Director. Notice of Proposed Issuance of Letter of Enclosures. ney F–135 engines; forty (40) Sidewinder AIM–9X Block II+ (Plus) Tactical Missiles; Offer Pursuant to Section 36(b)(1) of the TRANSMITTAL NO. 20–35 fifty (50) Sidewinder AIM–9X Block II Cap- Arms Export Control Act Notice of Proposed Issuance of Letter of tive Air Training Missiles (CATMs); six (6) Annex Item No. vii Offer Pursuant to Section 36(b)(1) of the Sidewinder AIM–9X Block II Special Air (vii) Sensitivity of Technology: Arms Export Control Act, as amended Training Missiles (NATMS); four (4) Side- 1. The F–35A Conventional Take Off and (i) Prospective Purchaser: Government of winder AIM–9X Block II Tactical Guidance Landing (CTOL) aircraft is a single-seat, sin- Switzerland Units; ten (10) Sidewinder AIM–9X Block II gle engine, all-weather, stealth, fifth-genera- (ii) Total Estimated Value: CATM Guidance Units; eighteen (18) KMU– tion, multirole aircraft. It contains sensitive Major Defense Equipment* $4.08 billion. 572 JDAM Guidance Kits for GBU–54; twelve technology including the low observable air- Other $2.50 billion. (12) Bomb MK–82 500LB, General Purpose; frame/outer mold line, the Pratt and Whit- TOTAL $6.58 billion. twelve (12) Bomb MK–82, Inert; twelve (12) ney F135 engine, AN/APG–81 radar, an inte- (iii) Description and Quantity or Quan- GBU–53/B Small Diameter Bomb II (SDB II) grated core processor central computer, a tities of Articles or Services under Consider- All-Up Round (AUR); and eight (8) GBU–53/B mission systems/electronic warfare suite, a ation for Purchase: SDB II Guided Test Vehicle (GTV). Also in- multiple sensor suite, technical data/docu- Major Defense Equipment (MDE): cluded are Electronic Warfare Systems; mentation and associated software. Sen- Forty (40) F–35 Joint Strike Fighter Con- Command, Control, Communications, Com- sitive elements of the F–35A are also in- ventional Take Off and Landing (CTOL) Air- puter and Intelligence/Communications, cluded in operational flight and maintenance craft. Navigational, and Identification (C4I/CNI); trainers. Sensitive and classified elements of Forty-six (46) Pratt & Whitney F–135 En- Autonomic Logistics Global Support System the F–35A CTOL aircraft include hardware, gines (40 installed and 6 spares). (ALGS); Autonomic Logistics Information accessories, components, and associated soft- Forty (40) Sidewinder AIM–9X Block II+ System (ALIS); Full Mission Trainer; Weap- ware for the following major subsystems: (Plus) Tactical Missiles. a. The Pratt and Whitney F135 engine is a ons Employment Capability and other Sub- Fifty (50) Sidewinder AIM–9X Block II Cap- single 40,000-lb thrust class engine designed systems, Features, and Capabilities; F–35 tive Air Training Missiles (CATMs). for the F–35 and assures highly reliable, af- unique infrared flares; reprogramming cen- Six (6) Sidewinder AIM–9X Block II Special fordable performance. The engine is designed ter access; F–35 Performance Based Logis- Air Training Missiles (NATMS). to be utilized in all F–35 variants, providing Four (4) Sidewinder AIM–9X Block II Tac- tics; software development/integration; unmatched commonality and supportability tical Guidance Units. flight test instrumentation; aircraft ferry throughout the worldwide base of F–35 users. Ten (10) Sidewinder AIM–9X Block II and tanker support; Detector Laser DSU– b. The AN/APG–81 Active Electronically CATM Guidance Units. 38A/B, Detector Laser DSU–38A(D–2)/B, FMU– Scanned Array (AESA) is a high processing Eighteen (18) KMU–572 JDAM Guidance 139D/B Fuze, KMU–572(D–2)/B Trainer power/high transmission power electronic Kits for GBU–54. (JDAM), 40 inch Wing Release Lanyard; array capable of detecting air and ground Twelve (12) Bomb MK–82 500LB, General GBU–53/B SDB II Weapon Load Crew Train- targets from a greater distance than me- Purpose. ers (WLCT); Cartridge, 25 mm PGU–23/U; chanically scanned array radars. It also con- Twelve (12) Bomb MK–82, Inert. weapons containers; aircraft and munitions tains a synthetic aperture radar (SAR), Twelve (12) GBU–53/B Small Diameter support and test equipment; communications which creates high-resolution ground maps Bomb II (SDB II) All-Up Round (AUR). equipment; spares and repair parts; repair and provides weather data to the pilot, and Eight (8) GBU–53/B SDB II Guided Test Ve- and return support; personnel training and provides air and ground tracks to the mis- hicle (GTV). training equipment; publications and tech- sion system, which uses it as a component to Non-MDE: Also included are Electronic nical documents; U.S. Government and confuse sensor data. Warfare Systems; Command, Control, Com- tractor engineering, technical, and logistics c. The Electro-Optical Targeting System munications, Computer and Intelligence/ support services; and other related elements (EOTS) provides long-range detection and Communications, Navigational, and Identi- of logistical and program support. The total tracking as well as an infrared search and fication (C4I/CNI); Autonomic Logistics estimated cost is $6.58 billion. track (IRST) and forward-looking infrared Global Support System (ALGS); Autonomic This proposed sale will support the foreign (FUR) capability for precision tracking, Logistics Information System (ALIS); Full policy and national security of the United weapons delivery and bomb damage assess- Mission Trainer; Weapons Employment Ca- States by helping to improve the security of ment (BDA). The EOTS replaces multiple pability and other Subsystems, Features, a friendly European nation that continues to separate internal or podded systems typi- and Capabilities; F–35 unique infrared flares; be an important force for political stability cally found on legacy aircraft. reprogramming center access; F–35 Perform- and economic progress in Europe. d. The Electro-Optical Distributed Aper- ance Based Logistics; software development/ This proposed sale of F–35s and associated ture System (EODAS) provides the pilot with integration; flight test instrumentation; air- missiles and munitions will provide the Gov- full spherical coverage for air-to-air and aircraft ferry and tanker support; Detector ernment of Switzerland with a credible de- to-ground threat awareness, day/night vision Laser DSU–38A/B, Detector Laser DSU– fense capability to deter aggression in the enhancements, a fire control capability and 38A(D–2)/B, FMU–139D/B Fuze, KMU–572(D–2)/ region. The proposed sale will also replace precision tracking of wingmen/friendly air- B Trainer (JDAM), 40 inch Wing Release Switzerland’s retiring F/A–18s and enhance craft. The EODAS provides data directly to Lanyard; GBU–53/B SDB II Weapon Load its air-to-air and air-to-ground self-defense the pilot’s helmet as well as the mission sys- Crew Trainers (WLCT); Cartridge, 25 mm capability. Switzerland will have no dif- tem. PGU–23/U; weapons containers; aircraft and ficulty absorbing these aircraft into its e. The Electronic Warfare (EW) system is a munitions support and test equipment; com- armed forces. reprogrammable, integrated system that munications equipment; spares and repair The proposed sale of this equipment and provides radar warning and electronic sup- parts; repair and return support; personnel support will not alter the basic military bal- port measures (ESM) along with a fully inte- training and training equipment; publica- ance in the region. grated countermeasures (CM) system. The tions and technical documents; U.S. Govern- The principal contractors will be Lockheed EW system is the primary subsystem used to ment and contractor engineering, technical, Martin Aeronautics Company, Fort Worth, enhance situational awareness, targeting and logistics support services; and other re- TX; Pratt & Whitney Military Engines, East support and self-defense through the search, lated elements of logistical and program sup- Hartford, CT; The Boeing Company, St. intercept, location and identification of in- port. Charles, MO and Raytheon Missiles and De- band emitters and to automatically counter (iv) Military Department: Air Force (SZ– fense, Tucson, AZ. This proposal is being of- IR and RF threats. D–SAA; SZ–D–YAD), Navy (SZ–P–LAY). fered in the context of a competition. The f. The Command, Control, Communica- (v) Prior Related Cases, if any: None. purchaser typically requests offsets. Any off- tions, Computers and Intelligence/Commu- (vi) Sales Commission, Fee, etc., Paid, Of- set agreement will be defined in negotiations nications, Navigation, and Identification fered, or Agreed to be Paid: None. between the purchaser and the contractor. (C4I/CNI) system provides the pilot with un- (vii) Sensitivity of Technology Contained Implementation of this proposed sale will matched connectivity to flight members, coin the Defense Article or Defense Services require multiple trips to Switzerland involv- alition forces and the battlefield. It is an in- Proposed to be Sold: See Attached Annex. ing U.S. Government and contractor rep- tegrated subsystem designed to provide a

VerDate Sep 11 2014 07:41 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A30SE6.034 S30SEPT1 SSpencer on DSK126QN23PROD with SENATE S5940 CONGRESSIONAL RECORD — SENATE September 30, 2020 broad spectrum of secure, anti-jam voice and uct gas and supplying breathable air to the 6. This sale will involve the release of sen- data communications, precision radio navi- pilot. The OMS provides a mission planning, sitive and/or classified technology. The high- gation and landing capability, self-identi- mission briefing, and a maintenance/intel- est level of classification of information in- fication, beyond visual range target identi- ligence/tactical debriefing platform for the cluded in this potential sale is SECRET. fication and connectivity to off-board F–35. 7. If a technologically advanced adversary sources of information. It also includes an 2. The Reprogramming Center is located in were to obtain knowledge of the specific inertial navigation and global positioning the United States and provides F–35 cus- hardware and software elements, the infor- system (GPS) for precise location informa- tomers with a means to update F–35 EW mation could be used to develop counter- tion. The functionality is tightly integrated databases. measures that might reduce weapon system within the mission system to enhance effi- 3. The AIM–9X Block II and Block II+ effectiveness or be used in the development ciency. (Plus) SIDEWINDER Missile represents a of a system with similar advanced capabili- g. The aircraft C4I/CNI system includes substantial increase in missile acquisition ties. two data links: the Multi-Function Advanced and kinematics performance over the AIM– 8. A determination has been made that Data Link (MADL) and Link 16. The MADL 9M and replaces the AIM–9X Block I Missile Switzerland can provide substantially the is designed specifically for the F–35 and al- configuration. The missile includes a high same degree of protection for the sensitive lows for stealthy communications between off-boresight seeker, enhanced counter- technology being released as the U.S. Gov- F–35s. Link 16 data link equipment allows measure rejection capability, low drag/high ernment. This sale is necessary in further- angle of attack airframe and the ability to the F–35 to communicate with legacy air- ance of the U.S. foreign policy and national integrate with a helmet mounted cueing sys- craft using widely-distributed J-series mes- security objectives outlined in the Policy tem. The software algorithms are the most sage protocols. Justification. sensitive portion of the AIM–9X missile. The h. The F–35 Autonomic Logistics Global 9. All defense articles and services listed in software continues to be modified via a Sustainment (ALGS) provides a fully inte- this transmittal are authorized for release preplanned product improvement (P3I) pro- grated logistics management solution. ALGS and export to the Government of Switzer- gram to improve counter-countermeasure integrates a number of functional areas, inland. cluding supply chain management, repair, capabilities. Purchase will include AIM–9X support equipment, engine support and Guidance Sections. f training. The ALGS infrastructure employs 4. The GBU–54 Laser Joint Direct Attack ARMS SALES NOTIFICATION a state-of-the-art information system that Munition (LJDAM) is a 500 pound JDAM provides real-time, decision-worthy informa- which incorporates all the capabilities of the Mr. RISCH. Mr. President, section tion for sustainment decisions by flight line JDAM guidance tail kit and adds a precision 36(b) of the Arms Export Control Act personnel. Prognostic health monitoring laser guidance set. The LJDAM gives the requires that Congress receive prior no- technology is integrated with the air system weapon system an optional semi-active laser tification of certain proposed arms and is crucial to predictive maintenance of guidance in addition to the Inertial Naviga- tion System/Global Positioning System sales as defined by that statute. Upon vital components. such notification, the Congress has 30 i. The F–35 Autonomic Logistics Informa- (INS/GPS) guidance. This provides the option System (ALIS) provides an intelligent tional capability to strike moving targets. calendar days during which the sale information infrastructure that binds all the The GBU–54 consists of a laser guidance set, may be reviewed. The provision stipu- key concepts of ALGS into an effective sup- KMU–572 warhead specific tail kit, and MK– lates that, in the Senate, the notifica- port system. ALIS establishes the appro- 82 bomb body. tion of proposed sales shall be sent to priate interfaces among the F–35 Air Vehicle, 5. The GBU–53/B Small Diameter Bomb In- the chairman of the Senate Foreign the warfighter, the training system, govern- crement II (SDB II) is a 250–lb class precisionguided, semi-autonomous, conven- Relations Committee. ment information technology (IT) systems, tional, air-to-ground munition used to defeat In keeping with the committee’s in- and supporting commercial enterprise sys- moving targets through adverse weather tention to see that relevant informa- tems. Additionally, ALIS provides a com- from standoff range. The SDB II has prehensive tool for data collection and anal- tion is available to the full Senate, I deployable wings and fins and uses GPS/INS ysis, decision support and action tracking. ask unanimous consent to have printed j. The F–35 Training System includes sev- guidance, network-enabled datalink (Link–16 in the RECORD the notifications which eral training devices to provide integrated and UHF), and a multi-mode seeker (milli- have been received. If the cover letter training for pilots and maintainers. The meter wave radar, imaging infrared) to au- tonomously search, acquire, track, and de- references a classified annex, then such pilot training devices include a Full Mission feat targets. The SDB II employs a multi-ef- annex is available to all Senators in Simulator (FMS) and Deployable Mission fects warhead (Blast, Fragmentation, and the office of the Foreign Relations Rehearsal Trainer (DMRT). The maintenance Shaped-Charge) for maximum lethality training devices include an Aircraft Systems Committee, room SD–423. against armored and soft targets. The SDB II Maintenance Trainer (ASMT), Ejection Sys- There being no objection, the mate- weapon system consists of the AUR weapon; tem Maintenance Trainer (ESMT), Outer rial was ordered to be printed in the a 4-place common carriage system; and mis- Mold Line (OML) Lab, Flexible Linear RECORD, as follows: sion planning system application. Shaped Charge (FLSC) Trainer, F135 Engine a. SDB II Guided Test Vehicles (GTV) is an DEFENSE SECURITY Module Trainer and Weapons Loading Train- SDB II configuration used for land or sea COOPERATION AGENCY, er (WLT). The F–35 Training System can be range-based testing of the SDB II weapon Arlington, VA. integrated, where both pilots and maintain- system. The GTV has common flight charac- Hon. JAMES E. RISCH, ers learn in the same Integrated Training teristics of an SDB II AUR, but in place of Chairman, Committee on Foreign Relations, Center (ITC). Alternatively, the pilots and the multi-effects warhead is a Flight Termi- U.S. Senate, Washington, DC. maintainers can train in separate facilities nation, Tracking, and Telemetry (FTTT) DEAR MR. CHAIRMAN: Pursuant to the re- (Pilot Training Center and Maintenance subassembly that mirrors the AUR multi- porting requirements of Section 36(b)(1) of Training Center). effects warhead’s size and mass properties, the Arms Export Control Act, as amended, k. Other subsystems, features, and capa- but provides safe flight termination, free we are forwarding herewith Transmittal No. bilities include the F–35’s low observable air flight tracking and telemetry of encrypted 20–34 concerning the Navy’s proposed Let- frame, Integrated Core Processor (ICP) Cen- data from the GTV to the data receivers. The ter(s) of Offer and Acceptance to the Govern- tral Computer, Helmet Mounted Display Sys- SDB II GTV can have either inert or live ment of Switzerland for defense articles and tem (HMDS), Pilot Life Support System fuses. All other flight control, guidance, services estimated to cost $7.452 billion. (PLSS), Off-Board Mission Support (OMS) data-link, and seeker functions are rep- After this letter is delivered to your office, System, and publications/maintenance resentative of the SDB II AUR. we plan to issue a news release to notify the manuals. The HMDS provides a fully sun- b. SDB II Captive Carry Reliability Test public of this proposed sale. light readable, biocular display presentation (CCRT) vehicles are an SDB II configuration Sincerely, of aircraft information projected onto the pi- primarily used for reliability data collection HEIDI H. GRANT, lot’s helmet visor. The use of a night vision during carriage. The CCRT has common Director. camera integrated into the helmet elimi- characteristics of an SDB II AUR but with Enclosures. nates the need for separate Night Vision an inert warhead and fuze. The CCRT has an TRANSMITTAL NO. 20–34 Goggles. The PLSS provides a measure of inert mass in place of the warhead that mim- Pilot Chemical, Biological, and Radiological ics the warhead’s mass properties. The CCRT Notice of Proposed Issuance of Letter of Protection through use of an On-Board Oxy- is a flight capable representative of the SDB Offer Pursuant to Section 36(b)(1) of the gen Generating System (OBOGS); and an es- II AUR but is not approved for release from Arms Export Control Act, as amended cape system that provides additional protec- any aircraft. Since all other flight control, (i) Prospective Purchaser: Government of tion to the pilot. OBOGS takes the Power guidance, data-link, and seeker functions are Switzerland. and Thermal Management System (PTMS) representative of the SDB II AUR, this con- (ii) Total Estimated Value: air and enriches it by removing gases (main- figuration could be used for any purpose Major Defense Equipment* $4.155 billion. ly nitrogen) by adsorption, thereby increas- where an inert round without telemetry or Other $3.297 billion. ing the concentration of oxygen in the prod- termination capability would be useful. Total $7.452 billion.

VerDate Sep 11 2014 07:41 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A30SE6.037 S30SEPT1 SSpencer on DSK126QN23PROD with SENATE September 30, 2020 CONGRESSIONAL RECORD — SENATE S5941 (iii) Description and Quantity or Quan- ance and other related logistics support. For AN/PYQ-lOC Simple Key Loader (SKL); Air- tities of Articles or Services under Consider- GBU–53/B SDB II and GBU–54: Detector Laser craft Spares; other support equipment; Air- ation for Purchase: DSU–38A/B, Detector Laser DSU–38A(D–2)/B, craft Armament Equipment (AAE); aircraft Major Defense Equipment (MOE): FMU–1390/B Fuze, KMU–572(D–2)/B Trainer ferry; transportation costs; other technical Thirty-six (36) F/A–18E Super Hornet Air- (JDAM), 40-inch Wing Release Lanyard; assistance; engineering technical assistance; craft. GBU–53/B SDB II Weapon Load Crew Train- contractor engineering technical support; lo- Seventy-two (72) F414–GE–400 Engines (In- ers (WLCT); weapons containers; munitions gistics technical assistance; Repair of stalled). support and test equipment; spares and re- Repairables (RoR); aircrew and maintenance Four (4) F/A–18F Super Hornet Aircraft. pair parts; repair and return support; per- training; contractor logistics support; flight Eight (8) F414–GE–400 Engines (Installed). sonnel training and training equipment; pub- test services; Foreign Liaison Officer (FLO) Sixteen (16) F414–GE–400 Engines (Spares). lications and technical documents; U.S. Gov- support; auxiliary fuel tanks, system inte- Forty-four (44) M61A2 20MM Gun Systems. ernment and contractor engineering, tech- gration and testing; software development/ Twenty-five (25) Advanced Targeting For- nical, and logistics support services; and integration; and other related elements of lo- ward-Looking Infrared (ATFLIR). other related elements of logistical and pro- gistics and program support. For AIM–9X: Fifty-five (55) AN/ALR–67(V)3 Electric War- gram support. containers; missile support and test equip- fare Countermeasures Receiving Sets. (iv) Military Department: Navy (SZ–P– ment; provisioning; spare and repair parts; Fifty-five (55) AN/ALQ–214 Integrated SAZ, SZ–P–LAZ, SZ–P–SBZ); Air Force (SZ– personnel training and training equipment; Countermeasures Systems. D–YAD). publications and technical data; and U.S. Forty-eight (48) Multifunctional Informa- (v) Prior Related Cases, if any: None. Government and contractor technical assist- tion Distribution Systems—Joint Tactical (vi) Sales Commission, Fee, etc., Paid, Of- ance and other related logistics support. For Radio Systems (MIDS JTRS). fered, or Agreed to be Paid: None. GBU–53/B SDB II and GBU–54: Detector Laser Forty-eight (48) Joint Helmet Mounted (vii) Sensitivity of Technology Contained DSU–38A/B, Detector Laser DSU–38A(D–2)/B, Cueing Systems (JHMCS). in the Defense Article or Defense Services FMU–139D/B Fuze, KMU–572(D–2)/B Trainer Two hundred sixty-four (264) LAU–127E/A Proposed to be Sold: See Attached Annex. (JDAM), 40–inch Wing Release Lanyard; Guided Missile Launchers. (viii) Date Report Delivered to Congress: GBU–53/B SDB II Weapon Load Crew Train- Forty-eight (48) AN/AYK–29 Distributed September 30, 2020. ers (WLCT); weapons containers; munitions Targeting Processor—Networked (DTP–N). * As defined in Section 47(6) of the Arms support and test equipment; spares and re- Twenty-seven (27) Infrared Search and Export Control Act. pair parts; repair and return support; per- Track (IRST) Systems. POLICY JUSTIFICATION sonnel training and training equipment; pub- Forty (40) AIM–9X Block II Sidewinder Switzerland—Fl A–18E/F Super Hornet lications and technical documents; U.S. Gov- Tactical Missiles. Aircraft and Weapons ernment and contractor engineering, tech- Fifty (50) AIM–9X Block II Sidewinder Cap- nical, and logistics support services; and tive Air Training Missiles (CATMs). The Government of Switzerland has re- other related elements of logistical and pro- Six (6) AIM–9X Block II Sidewinder Special quested to buy up to thirty-six (36) F/A–18E gram support. The total estimated cost is Air Training Missiles (NATMs). Super Hornet aircraft; seventy-two (72) F414– $7.452 billion. Four (4) AIM–9X Block II Sidewinder Tac- GE–400 engines (installed); four (4) F/A–18F This proposed sale will support the foreign tical Guidance Units. Super Hornet aircraft; eight (8) F414–GE–400 policy and national security of the United Ten (10) AIM–9X Block II Sidewinder engines (installed); sixteen (16) F414–GE–400 States by helping to improve the security of CATM Guidance Units. engines (spares); forty-four (44) M61A2 20MM a friendly European nation that continues to Eighteen (18) KMU–572 JDAM Guidance gun systems; twenty-five (25) Advanced Tar- be an important force for political stability Kits for GBU–54. geting Forward-Looking Infrared (ATFLIR)/ and economic progress in Europe. Twelve (12) Bomb MK–82 500LB, General other targeting pod; fifty-five (55) AN/ALR– The proposed sale will improve Switzer- Purpose. 67(V)3 Electric Warfare Countermeasures Re- land’s capability to meet current and future Twelve (12) Bomb MK–82, Inert. ceiving sets; fifty-five (55) AN/ALQ–214 Inte- threats. Switzerland currently operates the Twelve (12) GBU–53/B Small Diameter grated Countermeasures systems; forty-eight Boeing F/A–18C/D, but that aircraft is reach- Bomb II (SOB II) All-Up Round (AUR). (48) Multifunctional Information Distribu- ing end-of-life and will be replaced by the Eight (8) GBU–53/B SDB II Guided Test Ve- tion Systems—Joint Tactical Radio Systems winner of Switzerland’s New Fighter Aircraft hicle (GTV). (MIDS-JTRS); forty-eight (48) Joint Helmet competition, for which the F/A–18E/F is Non-MdE: Also included are AN/APG–79 Mounted Cueing Systems (JHMCS); two hun- being considered. The primary missions of Active Electronically Scanned Array (AESA) dred sixty-four (264) LAU–127E/A guided mis- the aircraft and associated weapons will be radars; High Speed Video Network (HSVN) sile launchers; forty-eight (48) AN/AYK–29 policing the airspace above Switzerland and Digital Video Recorder (HDVR); AN/AVS–9 Distributed Targeting Processor—Networked providing national defense capabilities. Night Vision Goggles (NVG); AN/AVS–11 (DTP-N); twenty-seven (27) Infrared Search Switzerland will have no difficulty absorbing Night Vision Cueing Device (NVCD); AN/ and Track (IRST) systems; forty (40) AIM–9X these aircraft into its armed forces. ALE–47 Electronic Warfare Countermeasures Block II Sidewinder tactical missiles; fifty The proposed sale of this equipment and Systems; AN/ARC–210 Communication Sys- (50) AIM–9X Block II Sidewinder Captive Air support will not alter the basic military bal- tem; AN/APX–111 Combined Interrogator Training Missiles (CATMs); six (6) AIM–9X ance in the region. Transponder; AN/ALE–55 Towed Decoys; Block II Sidewinder Special Air Training The principal contractors will be The Boe- launchers (LAU–1150/A, LAU–116B/A, Missiles (NATMs); four (4) AIM–9X Block II ing Company, St. Louis, MO; Northrop LAU118A); Training Aids, Devices and Sidewinder tactical guidance units; ten (10) Grumman, Los Angeles, CA; Raytheon Com- Spares; Technical Data Engineering Change AIM–9X Block II Sidewinder CATM guidance pany, El Segundo, CA; Raytheon Missile Sys- Proposals; Avionics Software Support; Joint units; eighteen (18) KMU–572 JDAM Guidance tems Company, Tucson, AZ; General Elec- Mission Planning System (JMPS); Data Kits for GBU–54; twelve (12) Bomb MK–82 tric, Lynn, MA; and The Boeing Company, Transfer Unit (DTU); Accurate Navigation 500LB, General Purpose; twelve (12) Bomb St. Charles, MO. This proposal is being of- (ANAV) Global Positioning System (GPS) MK–82, Inert; twelve (12) GBU–53/B Small Di- fered in the context of a competition. The Navigation; KIV–78 Dual Channel Encryptor, ameter Bomb II (SDB II) All-Up Round purchaser typically requests offsets. Any off- Identification Friend or Foe (IFF); Cartridge (AUR); and eight (8) GBU–53/B SDB II Guided set agreement will be defined in negotiations Actuated Devices/Propellant Actuated De- Test Vehicle (GTV). Also included are AN/ between the purchaser and the contractor. vices (CADs/PADs); Technical Publications; APG–79 Active Electronically Scanned Array Implementation of this proposed sale will AN/PYQ–1OC Simple Key Loader (SKL); Air- (AESA) radars; High Speed Video Network require the assignment of six (6) additional craft Spares; other support equipment; Air- (HSVN) Digital Video Recorder (HDVR); AN/ U.S. contractor representatives to Switzer- craft Armament Equipment (AAE); aircraft AVS–9 Night Vision Goggles (NVG); AN/ land on an intermittent basis for a duration ferry; transportation costs; other technical AVS–11 Night Vision Cueing Device (NVCD); of the life of the case to support delivery of assistance; engineering technical assistance; AN/ALE–47 Electronic Warfare Counter- the F/A–18E/F Super Hornet aircraft and pro- contractor engineering technical support; lo- measures Systems; AN/ARC–210 Communica- vide supply support management, inventory gistics technical assistance; Repair of tion System; AN/APX–111 Combined Interro- control, and equipment familiarization. There will be no adverse impact on U.S. de- Repairables (RoR); aircrew and maintenance gator Transponder; AN/ALE–55 Towed De- fense readiness as a result, of this proposed training; contractor logistics support; flight coys; launchers (LAU–115D/A, LAU-l16B/A, sale. test services; Foreign Liaison Officer (FLO) LAUl18A); Training Aids, Devices and support; auxiliary fuel tanks, system inte- Spares; Technical Data Engineering Change TRANSMITTAL NO. 20–34 gration and testing; software development/ Proposals; Avionics Software Support; Joint Notice of Proposed Issuance of Letter of Offer integration; and other related elements of lo- Mission Planning System (JMPS); Data Pursuant to Section 36(b)(1) of the Arms Ex- gistics and program support. For AIM–9X: Transfer Unit (DTU); Accurate Navigation port Control Act containers; missile support and test equip- (ANAV) Global Positioning System (GPS) Annex Item No. vii ment; provisioning; spare and repair parts; Navigation; KIV–78 Dual Channel Encryptor, (vii) Sensitivity of Technology: personnel training and training equipment; Identification Friend or Foe (IFF); Cartridge 1. The F/A–18E/F Super Hornet is a single- publications and technical data; and U.S. Actuated Devices/Propellant Actuated De- seat and two-seat, twin engine, multi-mis- Government and contractor technical assist- vices (CADs/PADs); Technical Publications; sion fighter/attack aircraft that can operate

VerDate Sep 11 2014 10:52 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\A30SE6.026 S30SEPT1 SSpencer on DSK126QN23PROD with SENATE S5942 CONGRESSIONAL RECORD — SENATE September 30, 2020 from either aircraft carriers or land bases. tem is a combined data link and Secondary (EIBU) provides validation and verification The F/A–18E/F Super Hornet fills a variety of Surveillance Radar (SSR) system that was of equipment and concept. EIBU enhances roles and provides air superiority, fighter es- standardized in 1985 by the International input/output signal capacity of the MIDS cort, suppression of enemy air defenses, re- Civil Aviation Organization (ICAO). Mode S JTRS and addresses parts obsolescence. connaissance, forward air control, close and provides air surveillance using a data link 1. LAU–127E/A Guided Missile Launchers deep air support, and day and night strike with a permanent unique aircraft address. designed to enable F/A–18E/F Super Hornet missions. Selective Interrogation provides higher data aircraft to carry and launch missiles. It pro- a. The AN/APG–79 Active Electronically integrity, reduced Radio Frequency (RF) in- vides the electrical and mechanical interface Scanned Array (AESA) Radar System pro- terference levels, increased air traffic capac- between the missile and launch aircraft as vides the F/A–18E/F Super Hornet aircraft ity, and adds air-to-ground data link. well as the two-way data transfer between with all-weather, multi-mission capability f. The Joint Helmet Mounted Cueing Sys- missile and cockpit controls and displays to for performing Air-to-Air and Air-to-Ground tem (JHMCS) is a modified HGU–55/P helmet support preflight orientation and control cir- targeting and attack. Air-to-Air modes pro- that incorporates a visor-projected Heads-Up cuits to prepare and launch the missile. vide the capability for all-aspect target de- Display (HUD) to cue weapons and aircraft m. Accurate Navigation (ANAV) Global tection, long-range search and track, auto- sensors to air and ground targets. In close Positioning System (GPS) also includes Key matic target acquisition, and tracking of combat, a pilot must currently align the air- Loading Installation and Facility Charges. multiple targets. Air-to-Surface attack craft to shoot at a target. JHMCS allows the The ANAV is a 24–channel SAASM based modes provide high-resolution ground map- pilot to simply look at a target to shoot. pulse-per-second GPS receiver built for next ping navigation, weapon delivery, and sensor This system projects visual targeting and generation GPS technology. cueing. aircraft performance information on the n. The AN/ARC–210 Radio’s Line-of-sight b. The AN/ALR–67(V)3 Electric Warfare back of the helmet’s visor, enabling the pilot data transfer rates up to 80 kb/s in a 25 kHz Countermeasures Receiving Set provides the to monitor this information without inter- channel creating high-speed communication F/A–18E/F aircrew with radar threat warn- rupting his field of view through the cockpit of critical situational awareness information ings by detecting and evaluating friendly canopy, the system uses a magnetic trans- for increased mission effectiveness. Software and hostile radar frequency threat emitters mitter unit fixed to the pilot’s seat and a that is reprogrammable in the field via Mem- and providing identification and status infor- magnetic field probe mounted on the helmet ory Loader/Verifier Software making flexible mation about the emitters to on-board Elec- to define helmet pointing positioning. A Hel- use for multiple missions. The AN/ARC–210 tronic Warfare (EW) equipment and the air- met Vehicle Interface (HVI) interacts with has embedded software with programmable crew. The Operational Flight Program (OFP) the aircraft system bus to provide signal cryptography for secure communications. and User Data Files (UDF) used in the AN/ generation for the helmet display. This pro- o. AN/PYQ–1O(C) is the next generation of ALR–67(V)3 contain threat parametric data vides significant improvement for close com- the currently fielded AN/CYZ–10 Data Trans- used to identify and establish priority of de- bat targeting and engagement. fer Device (DTD). The AN/PYQ–1O(C) protected radar emitters. g. The Joint Mission Planning System vides automated, secure and user-friendly c. The AN/ALE–47 Countermeasures Dis- (JMPS) will provide mission planning capa- methods for managing and distributing cryp- pensing System is a threat-adaptive dis- bility for support of military aviation oper- tographic key material, Signal Operating In- pensing system that dispenses chaff, flares, ations. It will also provide support for unit- structions (SOI), and Electronic Protection and expendable jammers for self-protection level mission planning for all phases of mili- data. This course introduces some of the against airborne and ground-based Radio tary flight operations and have the capa- basic components and activities associated Frequency (RF) and Infrared threats. The bility to provide necessary mission data for with the AN/PYQ–1O(C) in addition to hands- Operational Flight Program (OFP) and Mis- the aircrew. JMPS will support the on training. Learners will become familiar sion Data Files (MDF) used in the AN/ALE– downloading of data to electronics data with the security features of the SKL, prac- 47 contain algorithms used to calculate the transfer devices for transfer to aircraft and tice the initial setup of the SKL, and will re- best defense against specific threats. weapon systems. A JMPS for a specific air- ceive and distribute electronic keys using d. The AN/ALQ–214 is an advanced airborne craft type will consist of basic planning tools the SKL. Integrated Defensive Electronic Counter- called the Joint Mission Planning Environ- p. KIV–78 Dual Channel Encryptor Mode 4/ measures (IDECM) programmable modular ment (JMPE) mated with a Unique Planning Mode 5 Identify Friend or Foe (IFF) Crypto automated system capable of intercepting, Component (UPC) provided by the aircraft applique includes aircraft installs and initial identifying, processing received radar signals program. In addition, UPCs will be required spares, to ensure proper identification of air- (pulsed and continuous) and applying an op- for specific weapons, communication devices, craft during coalition efforts. The KIV–78 timum countermeasures technique in the di- and moving map displays. The JMPS will be provides cryptographic and time-of-day serv- rection of the radar signal, thereby improv- tailored to the specific releasable configura- ices for a Mark XIIA (Mode 4 and Mode 5) ing individual aircraft probability of sur- tion for the F/A–18E/F Super Hornet. IFF Combined Interrogator/Transponder vival from a variety of Surface-to-Air and h. The AN/AVS–9 Night Vision Goggles (CIT), individual interrogator, and individual Air-to-Air Radio Frequency (RF) threats. (NVG) provide imagery sufficient for an avi- transponder. The system operates in a standalone or Elec- ator to complete night time missions down q. Data Transfer Unit (DTU) with CRYPTO tronic Warfare (EW) suite mode. In the EW to starlight and extreme low light condi- Type 1 and Ground Encryption Device (GED). suite mode, the AN/ALQ–214 operates in a tions. The AN/AVS–9 is designed to satisfy The DTU (MU–1164(C)/A) has an embedded fully coordinated mode with the towed dis- the F/A–18E/F mission requirements for cov- DAR–400EX and the GED (DI–12(C)/A) has an pensable decoy, Radar Warning Receiver ert night combat, engagement, and support. embedded DAR–400ES. Both versions of the (RWR), and the onboard radar in the F/A– The third generation light amplification DAR–400 are type 1 devices. 18E/F Super Hornet in a coordinated, non-in- tubes provide a high-performance, image-in- r. High Speed Video Network (HSVN) Dig- terference manner sharing information for tensification system for optimized F/A–18E/F ital Video Recorder (HDVR) with CRYPTO enhanced information. The AN/ALQ–214 was night flying at terrain-masking altitudes. Type 1 and Ground Encryption Device (GED). designed to operate in a high-density Elec- i. The AN/AVS–11 Night Vision Goggles The HDVR has an embedded DAR–400EX and tromagnetic Hostile Environment with the (NVG) is capable of high resolution imaging. the GED has an embedded DAR–400ES. Both ability to identify and counter a wide vari- This capability allows reduced visibility versions of the DAR–400 are Type 1 devices. ety of multiple threats, including those with weapon delivery. While the NVCD hardware s. The Advanced Targeting Forward Look- Doppler characteristics. is unclassified, this item requires Enhanced ing Infrared (ATFLIR)/or other targeting pod e. The AN/APX–111 Combined Interrogator/ End Use Monitoring (EEUM). is a multi-sensor, electro-optical targeting Transponder (CIT) with the Conformal An- j. The AN/ALE–55 Towed Decoy improves pod incorporating infrared, low-light tele- tenna System (CAS) is a complete MARK-XII aircraft survivability by providing an en- vision camera, laser range finder/target des- identification system compatible with Iden- hanced, coordinated onboard/off-board coun- ignator, and laser spot tracker. It is used to tification Friend or Foe (IFF) Modes 1, 2, 3/ termeasure response to enemy threats. provide navigation and targeting for mili- A, C and 4 (secure). A single slide-in module k. The Multifunctional Informational Dis- tary aircraft in adverse weather and using that can be customized to the unique cryp- tribution System (MIDS) Joint Tactical precision-guided weapons such as laser-guid- tographic functions for a specific country Radio System (JTRS) a secure data and ed bombs. It offers much greater target reso- provides the systems secure mode capabili- voice communication network using Link–16 lution and imagery accuracy than previous ties. As a transponder, the CIT is capable or architecture. The system provides enhanced systems. replying to interrogation modes 1, 2, 3/A C situational awareness, positive identifica- t. The Infrared Search and Track (IRST) is (altitude) and secure mode 4. The require- tion of participants within the network, se- a long wave infrared targeting pod in an ex- ment is to upgrade Switzerland’s Combined cure fighter-to-fighter connectivity, secure ternal fuel tank outer mold and carried on Interrogator Transponder (CIT) AN/APX–111 voice capability, and ARN–118 TACAN the centerline station. The IRST has an up- (V) IFF system software to implement Mode functionality. It provides three major func- graded infrared receiver and processor to Select (Mode S) capabilities. Beginning in tions: Air Control, Wide Area Surveillance, provide full system capability. early 2005 EUROCONTROL mandated the and Fighter-to-Fighter. The MIDS JTRS can u. The Distributed Targeting Processor— civil community in Europe to transition to a be used to transfer data in Air-to-Air, Air-to- Networked (DTP–N) will host the geo-loca- Mode S only system and for all aircraft to be Surface, and Air-to-Ground scenarios. The tion capability previously resident in the compliant by 2009. The Mode S Beacon Sys- MIDS Enhanced Interference Blanking Unit DTS, providing increased memory and speed,

VerDate Sep 11 2014 10:52 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A30SE6.027 S30SEPT1 SSpencer on DSK126QN23PROD with SENATE September 30, 2020 CONGRESSIONAL RECORD — SENATE S5943 improving overall functionality. DTP–N en- Air (A/A) guided missile which employs a latest laser technology allowing significant abled geo-registration and targeting en- passive Infrared (IR) target acquisition sys- increases in sensitivity, aerosol perform- hancements, when used in conjunction with tem, proportional navigational guidance, ance, low altitude performance, and Pk the advanced networking capabilities, will and a closed-loop position servo Fin Actu- (Probability of Kill). The AOTD/DL design provide near real-time dissemination of ac- ator Unit (FAU). It represents a substantial includes a DL for 2-way platform commu- tionable warfighting data thereby reducing increase in missile acquisition and kine- nication. The AOTD/DL communicates with kill chain times. matics performance over the AIM–9M and re- the GU over a serial interface which allows v. The M61A2 20MM Gun is a hydraulically, places the AIM–9X Block I Missile configura- the GU to receive and transmit data so that electrically or pneumatically driven, six bar- tion. The missile includes a high off- a target position and status communication rel, air-cooled, electrically fired Gatling- boresight seeker, enhanced countermeasure with a launching platform is possible during style rotary cannon which fires 20MM rounds rejection capability, low drag/high angle of missile flight. at an extremely high rate. The M61 and its attack airframe and the ability to integrate nn. The GBU–54 Laser Joint Direct Attack derivatives have been the principal cannon the Helmet Mounted Cueing System. The Munition (LJDAM) is a 500 pound JDAM armament of United States military fixed- software algorithms are the most sensitive which incorporates all the capabilities of the wing aircraft. portion of the AIM–9X missile. The software JDAM guidance tail kit and adds a precision w. The F414–GE–400 Engine is a 22,000- continues to be modified via a pre-planned laser guidance set. The LJDAM gives the pound class afterburning turbofan engine. product improvement (P3I) program in order weapon system an optional semi-active laser The engine features an axial compressor to improve its counter-countermeasure capa- guidance in addition to the Inertial Naviga- with 3 fan stages and 7 high-pressure com- bilities. No software source code or algo- tion System/Global Positioning System pressor stages, and 1 high-pressure and 1 low- rithms will be released. (INS/GPS) guidance. This provides the op- pressure turbine stage. It incorporates ad- gg. AIM–9X BLK II Captive Air Training tional capability to strike moving targets. vanced technology with the proven design Missile (CATM) is a flight certified inert The GBU–54 consists of a laser guidance set, base and features a Full Authority Digital mass simulator with a functioning Guidance KMU–572 warhead specific tail kit, and MK– Engine Control (FADEC) system—to provide Unit (GU). The CATM is the primary aircrew 82 bomb body. the F/A–18E/F Super Hornet with a durable, training device providing all pre-launch oo. The GBU–53/B Small Diameter Bomb reliable, and easy-to-maintain engine. functions as well as realistic aerodynamic Increment II (SDB II) is a 250-lb class preci- x. LAU–115D/A is a rail Launcher designed performance that equate to carrying a tac- sion-guided, semi-autonomous, conventional, to enable F/A–18E/F Super Hornet aircraft to tical missile. The CATM provides pilot train- air-to-ground munition used to defeat mov- carry and launch missiles. The launcher is ing in aerial target acquisition and use of ing targets through adverse weather from suspended from the bomb rack on wing sta- aircraft controls/displays. standoff range. The SDB II has deployable tions. The LAU–127 launchers may be at- hh. AIM–9X BLK II Special Air Training wings and fins and uses GPS/INS guidance, tached to the sides of the LAU–115 for car- Missile (NATM) is a live flight test and network-enabled datalink (Link–16 and riage missiles. training missile, with functioning GU and UHF), and a multi-mode seeker (millimeter y. LAU–116B/A Guided Missile Launchers RM, designed for ignition and separation. wave radar, imaging infrared) to autono- designed to enable F/A–18E/F Super Hornet The NATM is similar to the AIM–9X BLK II mously search, acquire, track, and defeat aircraft to carry and launch missiles. Two Tactical missile except the WDU–17/B War- targets. The SDB II employs a multi-effects launchers, one left hand and one right hand, are installed in the underside of the aircraft head is replaced with a Telemetry Section warhead (Blast, Fragmentation, and Shaped- fuselage at stations 4 and 6. The launchers (TM) for streaming data to a ground station Charge) for maximum lethality against ar- are recessed in cavities within the aircraft during flight and may be fired with or with- mored and soft targets. The SDB II weapon fuselage, allowing the missiles to be semi re- out a target. The telemetry cable is pre- system consists of the AUR weapon; a 4– cessed for aerodynamic purposes. Both viously connected between the GU and Tar- place common carriage system; and mission versions of the LAU–116 are ejection launch- get Detector (TD). An Active Optical Target planning system application. pp. SDB II Guided Test Vehicles (GTV) is ers. Detector (AOTD) and Telemetry cable is con- z. LAU–118A Guided Missile Launchers de- nected between the TD and TM. The Elec- an SDB II configuration used for land or sea signed to enable F/A–18E/F Super Hornet air- tronic Safety and Arming Device (ESAD) is range-based testing of the SDB II weapon craft to carry and launch missiles. It pro- replaced with an ESAD simulator. system. The GTV has common flight charac- vides the electrical and mechanical interface ii. AIM–9X BLK II Tactical GU, WGU–57/B, teristics of an SDB II AUR, but in place of between the missile and launch aircraft, as provides the missile tracking, guidance, and the multi-effects warhead is a Flight Termi- well as the two-way data transfer between control signals. The GU provides counter- nation, Tracking, and Telemetry (FTTT) missile and cockpit controls and displays to countermeasures, improved reliability and subassembly that mirrors the AUR multi- support preflight orientation and control cir- maintainability over earlier Sidewinder effects warhead’s size and mass properties, cuits to prepare and launch the missile. models. Improvements include: (1) upgrade/ but provides safe flight termination, free aa. Cartridge Actuated Devices (CADs) are redesign to the Electronics Unit Circuit Card flight tracking and telemetry of encrypted designed for the F/A–18E/F Super Hornet as Assemblies, (2) a redesigned center section data from the GTV to the data receivers. The small explosive devices used to eject stores harnessing, and (3) a larger capacity missile SDB II GTV can have either inert or live from launched devices, actuate other explo- battery. fuses. All other flight control, guidance, sive systems, or provide initiation for air- jj. AIM–9X BLK II CATM GU, WGU–57/B, is data-link, and seeker functions are rep- crew escape devices. Propellant Actuated De- identical to the tactical GU except the GU resentative of the SDB II AUR. vices (PADs) are a tool or specialized mecha- and Control Actuation System (CAS) bat- qq. SDB II Captive Carry Reliability Test nized device or gas generator system that is teries are inert and the software Captive. (CCRT) vehicles are an SDB II configuration activated by a propellant or releases or di- The software switch tells the missile proc- primarily used for reliability data collection rects work through a propellant charge. essor that it is attached to a CATM and to during carriage. The CCRT has common Weapons release, aircraft ejection, life sup- ignore missile launch commands. The switch characteristics of an SDB II AUR but with port, and fire-suppression systems are some also signals software to not enter abort mode an inert warhead and fuze. The CCRT has an facets that rely heavily on CADs and PADs. because there is no FAU connected to the inert mass in place of the warhead that mim- bb. Books and Other Publications includes GU. ics the warhead’s mass properties. The CCRT flight manuals, technical manuals and sup- kk. AIM–9X BLK II Multi-Purpose Train- is a flight capable representative of the SDB port of technical data and updates, release ing Missile (MPTM) is a ground training de- II AUR but is not approved for release from and distribution of classified publications for vice used to train ground personnel in air- any aircraft. Since all other flight control, the operation and/or maintenance of the F/ craft loading, sectionalization, maintenance, guidance, data-link, and seeker functions are A–18E/F aircraft or systems. transportation, storage procedures, and tech- representative of the SDB II AUR, this con- cc. Software provides for initial design and niques. The missile replicates external ap- figuration could be used for any purpose development of the Electronic Warfare Soft- pearance and features of a tactical AIM–9X– where an inert round without telemetry or ware suite which encompasses AN/ALQ–214, 2 missile. The MPTM will physically inter- termination capability would be useful. AN/ALE–47, ALE–55, ALR–67, as part of the face with loading equipment, maintenance 2. The highest level of classification of de- System Configuration Set (SCS) builds. equipment, launchers, and test equipment. fense articles, and services included in this dd. Technical Data provides for the F/A– The missile is explosively and electrically potential sale is SECRET. 18E/F post-production of classified test re- inert and is NOT flight certified. 3. If a technologically advanced adversary ports and other related documentation. ll. AIM–9X BLK II Dummy Air Training were to obtain knowledge of the specific ee. Training Aide and Devices provides for Missile (DATM) is used to train ground per- hardware or software elements, the informa- upgraded classified lessons, hardware and in- sonnel in missile maintenance, loading, tion could be used to develop counter- stallation for the Tactical Operational transportation, and storage procedures. All measures that might reduce weapon system Flight Trainers (TOFT), Low Cost Trainers components are completely inert. The mis- effectiveness or be used in the development (LCT), Aircrew courseware and spares for de- sile contains no programmable electrical of a system with similar or advanced capa- livery and installation of Systems Configu- components and is not approved for flight. bilities. ration Sets (SCS). mm. AIM–9X BLK II Active Optical Target 4. A determination has been made that ff. The AIM–9X Block II SIDEWINDER Detector (AOTD) is newly designed for Block Switzerland can provide substantially the Missile is a supersonic, short-range Air-to- II. The AOTD/Data Link (AOTD/DL) uses the same degree of protection for the sensitive

VerDate Sep 11 2014 07:41 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\A30SE6.028 S30SEPT1 SSpencer on DSK126QN23PROD with SENATE S5944 CONGRESSIONAL RECORD — SENATE September 30, 2020 technology being released as the U.S. Gov- (v) Prior Related Cases, if any: UK-D-QDD. people of Teton County. Her kindness ernment. This sale is necessary in further- (vi) Sales Commission, Fee, etc., Paid Of- and charitable approach to work serves ance of the U.S. foreign policy and national fered, or Agreed to be Paid: None. as an inspiration to all Montanans who (vii) Sensitivity of Technology Contained security objectives outlined in the Policy serve our communities.∑ Justification. in the Defense Article or Defense Services 5. All defense articles and services listed in Proposed to be Sold: None. f this transmittal have been authorized for re- (viii) Date Report Delivery to Congress: TRIBUTE TO MISTY BRITT lease and export to Switzerland. September 24, 2020. *As defined in Section 47(6) of the Arms ∑ Mrs. HYDE-SMITH. Mr. President, I f Exports Control Act. would like to recognize Misty Britt, an ARMS SALES NOTIFICATION POLICY JUSTIFICATION ICU nurse at Kings Daughters Medical Mr. RISCH. Mr. President, section United Kingdom—Follow-on Contractor Center in my hometown of 36(b) of the Arms Export Control Act Logistics Support (CLS) for C–17 Aircraft Brookhaven, MS. During the pandemic, requires that Congress receive prior no- The Government of the United Kingdom Misty has truly stepped up to be a lead- tification of certain proposed arms has requested to buy follow-on C–17 aircraft er in the hospital. She manages the sales as defined by that statute. Upon Contractor Logistical Support (CLS) to in- nurses on her rotation, picks up extra clude aircraft component spare and repair shifts; reads, studies, and learns about such notification, the Congress has 30 parts; accessories; publications and technical calendar days during which the sale the virus; and has helped streamline documentation; software and software sup- the workflow to make the environment may be reviewed. The provision stipu- port; U.S. Government and contractor engi- lates that, in the Senate, the notifica- neering, technical and logistical support in the hospital more manageable for tion of proposed sales shall be sent to services; and other related elements of health care workers and patients. the chairman of the Senate Foreign logistical and program support. The total es- Misty cares for her patients with Relations Committee. timated program cost is $401.3 million. compassion and empathy. She holds In keeping with the committee’s in- This proposed sale will support the foreign their hand when they are afraid, assists policy and national security objectives of with family FaceTime calls when fam- tention to see that relevant informa- the United States by improving the security ily isn’t allowed to visit, and forms tion is available to the full Senate, I of a key NATO Ally, which is an important close relationships with each patient ask unanimous consent to have printed force for political stability and economic by offering love and encouragement. in the RECORD the notifications which progress in Europe. No matter the circumstance, Misty is have been received. If the cover letter This proposed sale will improve the United by her patient’s side helping them fight references a classified annex, then such Kingdom’s capability to meet current and fu- every day for their lives. It is nurses annex is available to all Senators in ture threats by ensuring the operational readiness of the Royal Air Force. Its C–17 like Misty who do the mundane and the the office of the Foreign Relations aircraft fleet provides strategic airlift capa- heroic work with tender loving care Committee, room SD–423. bilities that directly support U.S. and coali- and are able to provide patients more There being no objection, the mate- tion operations around the world. The comfort during difficult times. rial was ordered to be printed in the United Kingdom will have no difficulty ab- For nurses all over our Nation, it is RECORD, as follows: sorbing these services into its armed forces. overwhelming to witness what COVID DEFENSE SECURITY The proposed sale of this equipment and support will not alter the basic military bal- is doing to their patients. The physical, COOPERATION AGENCY, emotional, and mental stress of their Arlington, VA. ance in the region. The prime contractor will be The Boeing work continues to mount. Every day, Hon. JAMES E. RISCH, Chairman, Committee on Foreign Relations, Company of Chicago, IL. There are no known they go to work knowing they may U.S. Senate, Washington, DC. offset agreements proposed in connection lose another patient and endure more with this potential sale. DEAR MR. CHAIRMAN: Pursuant to the re- emotional strain. I am grateful for the porting requirements of Section 36(b)(l) of Implementation of the proposed sale will hard work and personal sacrifice Misty the Arms Export Control Act, as amended, not require the assignment of any additional and other ICU nurses undertake. They U.S. Government or contractor representa- we are forwarding herewith Transmittal No. have my admiration.∑ 20–76 concerning the Air Force’s proposed tives to the United Kingdom. There will be no adverse impact on U.S. de- f Letter(s) of Offer and Acceptance to the Gov- fense readiness as a result of this proposed ernment of the United Kingdom for defense TRIBUTE TO LARUE LAMBERT sale. articles and services estimated to cost $401.3 ∑ f Mrs. HYDE-SMITH. Mr. President, I million. After this letter is delivered to your would like to recognize, Larue Lam- office, we plan to issue a news release to no- ADDITIONAL STATEMENTS tify the public of this proposed sale. bert, who has worked for Kings Daugh- Sincerely, ters Medical Center in Brookhaven, MS, for over 20 years. Mr. Lambert HEIDI H. GRANT, TRIBUTE TO LAURA NOWLIN Director. worked as an ICU nurse before moving Enclosures. ∑ Mr. DAINES. Mr. President, this into the house coordinator position, TRANSMITTAL NO. 20–76 week I have the honor of recognizing where he monitors admissions and dis- Notice of Proposed Issuance of Letter of Laura Nowlin of Teton County for her charges, staffing needs, patient census, Offer Pursuant to Section 36(b)(1) of the compassion and dedication to her com- responds to emergencies, and compiles Arms Export Control Act, as amended munity. detailed reports for the chief nurse. (i) Prospective Purchaser: The Government Since 1986, Laura has devoted her During the COVID–19 pandemic, Mr. of the United Kingdom time to working at the Teton County Lambert has picked up additional re- (ii) Total Estimated Value: Food Pantry as both a volunteer and a sponsibilities to ensure the hospital is Major Defense Equipment* $0.0 million. member of the executive board. Over functioning smoothly on a daily basis. Other $401.3 million. the course of her 33 years at the food Personal protective equipment was a Total $401.3 million. pantry, she ensured families in the huge concern for all hospitals at the (iii) Description and Quantity or Quan- community had healthy and hearty beginning of the pandemic. Mr. Lam- tities of Articles or Services under Consider- ation for Purchase: groceries with no exceptions. Rain or bert closely monitors the hospital’s Major Defense Equipment (MDE): shine, Laura was always there to help PPE inventory and would distribute it None. the people of Teton County get the nu- to units that were in need. Addition- Non-MDE: Follow-on C–17 aircraft Con- trition they needed. ally, he picked up extra shifts when tractor Logistical Support (CLS) to include Recently named the board member staffing levels were low. As a frontline aircraft component spare and repair parts; emeritus of the pantry, Laura will be healthcare worker, Mr. Lambert self- accessories; publications and technical docu- dearly missed by her colleagues. Her lessly puts his life in danger each day mentation; software and software support; unwavering selflessness was an incred- to care for his fellow Mississippians. U.S. Government and contractor engineer- Larue risks not only his personal ing, technical and logistical support serv- ibly valuable asset to both the pantry ices; and other related elements of logistical and her community and will continue health, but the health of his close and program support. to be in her new capacity. friends and family each day while he (iv) Military Department: Air Force (UK- It is my distinct honor to recognize assists in the fight against this pan- D-QDQ). Laura for her tireless service to the demic. I commend Larue Lambert for

VerDate Sep 11 2014 07:41 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\A30SE6.029 S30SEPT1 SSpencer on DSK126QN23PROD with SENATE September 30, 2020 CONGRESSIONAL RECORD — SENATE S5945 bravely stepping up to the fight Throughout our Nation’s history, ev- PRESIDENTIAL MESSAGE against COVID–19 for the past several eryday Americans bravely emerge in months, and I pray that he may be times of turmoil to aid their neighbors. granted safety and good health as he In the case of Christina, she has fought REPORT RELATIVE TO THE continues to serve others. He is a hero on the frontlines as a nurse by stepping ISSUANCE OF AN EXECUTIVE in our Brookhaven community, and I into harm’s way to provide care for pa- ORDER DECLARING A NATIONAL am grateful for what he has meant to tients affected by the virus. EMERGENCY TO DEAL WITH THE so many during the pandemic.∑ Mississippi first responders and THREAT POSED BY OUR NA- TION’S UNDUE RELIANCE ON f healthcare providers have experienced a drastic change not only in their pro- CRITICAL MINERALS, IN PROC- TRIBUTE TO TAMMY LIVINGSTON fessional life but also in their home ESSED OR UNPROCESSED FORM, ∑ Mrs. HYDE-SMITH. Mr. President, I life. The COVID–19 pandemic has been FROM FOREIGN ADVERSARIES— would like to commend a friend and demanding of their time, taken them PM 59 frontline healthcare worker, Tammy away from their loved ones, and caused The PRESIDING OFFICER laid be- Livingston, who is a nurse at Kings their worlds to totally change. These fore the Senate the following message Daughters Medical Center in my home- heroes, such as Christina, are walking from the President of the United town of Brookhaven, MS. Rural hos- examples of what selfless service looks States, together with an accompanying pitals like this one, along with their like.∑ report; which was referred to the Com- brave staff, are the backbone of mittee on Energy and Natural Re- f healthcare in Mississippi. sources: Tammy has worked at Kings Daugh- TRIBUTE TO DR. JEFFREY ROSS To the Congress of the United States: ters Medical Center for over 20 years. ∑ Mrs. HYDE-SMITH. Mr. President, I Pursuant to the International Emer- While she has served in many positions rise today to honor Dr. Jeffrey Ross of gency Economic Powers Act (50 U.S.C. within the hospital, she is currently Kings Daughters Medical Center in 1701 et seq.) (IEEPA), the National the patient care coordinator. In her Brookhaven. Dr. Ross has both served Emergencies Act (50 U.S.C. 1601 et seq.), role, she cares for some of the sickest and cared for his community since he and section 301 of title 3, United States patients in the hospital by assisting first started practicing medicine in Code, I hereby report that I have issued her colleagues with patients in the Brookhaven in 1990 and has risen to the an Executive Order declaring a na- ICU. Within the dedicated medical unit challenge of COVID–19 with great dis- tional emergency to deal with the for COVID patients at Kings Daugh- tinction. Doctors like Dr. Jeff Ross are threat posed by our Nation’s undue re- ters, Tammy monitors patients daily, working through both physical and liance on critical minerals, in proc- making sure they are comfortable and mental exhaustion during this pan- essed or unprocessed form, from foreign cared for at such a difficult time. demic. They have the burden of having adversaries. Tammy is invaluable to the Kings the ‘‘final say’’ and a team of A strong America cannot be depend- Daughters Medical Center. Tammy is healthcare providers relying on their ent on imports from foreign adver- put in situations every day where she instruction daily. The stress presented saries for the critical minerals that are endures heavy stress, heart-wrenching in these situations is not something increasingly necessary to maintain our situations, and puts herself in harm’s healthcare providers can simply turn economic and military strength in the way to care for patients and their fami- off when they go off the clock. Despite 21st century. Because of the national lies during the COVID–19 pandemic. all of this pressure, these doctors con- importance of reliable access to crit- She is a lifesaver and best friend to all tinue to do their job, selflessly man- ical minerals, I signed Executive Order of her patients. Tammy is a healthcare aging the care of their fellow Mississip- 13817 of December 20, 2017 (A Federal hero. I am thankful for our fighters pians. Strategy To Ensure Secure and Reli- like Tammy and pray that she may be Originally from Whitfield, MS, Dr. able Supplies of Critical Minerals), kept safe while she serves her friends, Ross earned his medical degree in which required the Secretary of the In- family, and community through this Jackson before pursuing his residency terior to identify critical minerals and ∑ pandemic. in Kentucky. He returned to Mis- made it the policy of the Federal Gov- f sissippi, where he has dedicated nearly ernment ‘‘to reduce the Nation’s vulnerability to disruptions in the supply TRIBUTE TO CHRISTINA MILLER all of his adult life to serving his neighbors. Dr. Ross and his wife, Susan, have of critical minerals.’’ The critical min- ∑ Mrs. HYDE-SMITH. Mr. President, I erals identified by the Secretary of the commend Christina Miller, a raised three children in the Brookhaven community. Interior are necessary inputs for the healthcare hero and someone who puts products our military, national infra- her life in danger every day to help I commend Dr. Jeffrey Ross for his personal sacrifice, dedication to his structure, and economy depend on the save lives. Christina is an emergency most. Our country needs critical min- room nurse at Kings Daughters Med- community, and his leadership. My State is fortunate to have doctors such erals to make airplanes, computers, ical Center in Brookhaven, MS. cell phones, electricity generation and as him who are focused on the health Christina demonstrates a remarkable transmission systems, and advanced and wellness of all Mississippians.∑ selflessness and level of compassion for electronics. her patients and coworkers. As more f Though these minerals are indispen- Americans became infected with MESSAGES FROM THE PRESIDENT sable to our country, we presently lack COVID–19, hospitals began to fill up the capacity to produce them in proc- and staffing became a challenge. Chris- Messages from the President of the essed form in the quantities we need. tina immediately stepped up and vol- United States were communicated to American producers depend on foreign unteered to orient on the ICU floor to the Senate by Ms. Roberts, one of his countries to supply and process them. help with staffing needs to help care secretaries. Whereas the United States recognizes and treat the sickest patients. f the continued importance of coopera- Not only does Christina give the ut- tion on supply chain issues with inter- most care to her patients, she also re- EXECUTIVE MESSAGES REFERRED national partners and allies, in many alizes the physical and emotional In executive session the Presiding Of- cases, the aggressive economic prac- strain all healthcare workers are feel- ficer laid before the Senate messages tices of certain non-market foreign ing during these unprecedented times. from the President of the United producers of critical minerals have de- Christina wanted to help encourage her States submitting sundry nominations stroyed vital mining and manufac- colleagues, so she began an employee which were referred to the appropriate turing jobs in the United States. We appreciation program among the emer- committees. must reduce our vulnerability to ad- gency room nurses. This gave the (The messages received today are verse foreign government action, nat- nurses something to look forward to printed at the end of the Senate pro- ural disaster, or other supply disrup- when they arrived at work. ceedings.) tions. Our national security, foreign

VerDate Sep 11 2014 07:41 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A30SE6.020 S30SEPT1 SSpencer on DSK126QN23PROD with SENATE S5946 CONGRESSIONAL RECORD — SENATE September 30, 2020 policy, and economy require a con- and asthma-related grants, to States that re- businesses conducting interstate commerce, sistent supply of each of these min- quire certain public schools to have allergies and for other purposes. erals. and asthma management programs, and for H.R. 8134. An act to support the Consumer Product Safety Commission’s capability to Using the authority vested in me by other purposes. H.R. 2519. An act to authorize the Sec- protect consumers from unsafe consumer IEEPA, the Executive Order requires retary of Health and Human Services, acting products, and for other purposes. the Secretary of the Interior, in con- through the Director of the Center for Men- ENROLLED BILLS SIGNED sultation with the Secretary of the tal Health Services of the Substance Abuse The message further announced that Treasury, the Secretary of Defense, the and Mental Health Services Administration, the Speaker has signed the following Secretary of Commerce, and the heads to award grants to implement innovative ap- enrolled bills: proaches to securing prompt access to appro- of other executive departments and S. 227. An act to direct the Attorney Gen- priate follow-on care for individuals who ex- agencies, as appropriate, to investigate eral to review, revise, and develop law en- perience an acute mental health episode and our Nation’s undue reliance on critical forcement and justice protocols appropriate present for care in an emergency depart- to address missing and murdered Indians, minerals, in processed or unprocessed ment, and for other purposes. form, from foreign adversaries. Fol- and for other purposes. H.R. 3131. An act to amend the Public S. 982. An act to increase intergovern- lowing this investigation, the Execu- Health Service Act to provide for research mental coordination to identify and combat tive Order requires the Secretary of the and improvement of cardiovascular health violent crime within Indian lands and of In- Interior to submit a report to the among the South Asian population of the dians. United States, and for other purposes. President recommending additional ex- The enrolled bills were subsequently ecutive action. H.R. 3539. An act to amend the Public Health Service Act to direct the Secretary of signed by the President pro tempore The Executive Order also declares Health and Human Services to develop best (Mr. GRASSLEY). that it is the policy of the United practices for the establishment and use of ENROLLED BILL SIGNED States to protect and expand the do- behavioral intervention teams at schools, At 8:02 p.m., a message from the mestic supply chain for minerals. Spe- and for other purposes. House of Representatives, delivered by cific executive department and agency H.R. 4078. An act to reauthorize the Young Mr. Novotny, one of its reading clerks, heads, including the Secretary of the Women’s Breast Health Education and announced that the Speaker has signed Interior and the Secretary of Energy, Awareness Requires Learning Young Act of 2009. the following enrolled bill: are directed to take various actions to H.R. 4439. An act to amend the Federal H.R. 8337. An act making continuing appro- protect and expand the domestic sup- Food, Drug, and Cosmetic Act to extend the priations for fiscal year 2021, and for other ply chain for minerals, consistent with authority of the Secretary of Health and purposes. applicable law, such as the publication Human Services to issue priority review The enrolled bill was subsequently of guidance, the revision of regula- vouchers to encourage treatments for rare signed by the Acting President pro tions, and the acceleration of the pediatric diseases. tempore (Mr. HOEVEN) H.R. 4861. An act to amend the Public issuance of permits. f I am enclosing a copy of the Execu- Health Service Act to establish a program to improve the identification, assessment, and tive Order I have issued. MEASURES REFERRED treatment of patients in the emergency de- The following bills were read the first DONALD J. TRUMP. partment who are at risk of suicide, and for THE WHITE HOUSE, September 30, 2020. other purposes. and the second times by unanimous f H.R. 4996. An act to amend title XIX of the consent, and referred as indicated: Social Security Act to provide for a State H.R. 360. An act to require the Secretary of MESSAGES FROM THE HOUSE option under the Medicaid program to pro- Energy to establish a voluntary Cyber Sense At 12:03 p.m., a message from the vide for and extend continuous coverage for program to test the cybersecurity of prod- House of Representatives, delivered by certain individuals, and for other purposes. ucts and technologies intended for use in the Mr. Novotny, one of its reading clerks, H.R. 5373. An act to reauthorize the United bulk-power system, and for other purposes; to the Committee on Energy and Natural Re- announced that the House has passed States Anti-Doping Agency, and for other purposes. sources. the following bills, in which it requests H.R. 5469. An act to address mental health H.R. 362. An act to amend the Department the concurrence of the Senate: issues for youth, particularly youth of color, of Energy Organization Act with respect to H.R. 359. An act to provide for certain pro- and for other purposes. functions assigned to Assistant Secretaries, grams and developments in the Department H.R. 5760. An act to provide for a com- and for other purposes; to the Committee on of Energy concerning the cybersecurity and prehensive interdisciplinary research, devel- Energy and Natural Resources. vulnerabilities of, and physical threats to, opment, and demonstration initiative to H.R. 1109. An act to amend the Public Health Service Act to revise and extend the electric grid, and for other purposes. strengthen the capacity of the energy sector projects relating to children and to provide H.R. 360. An act to require the Secretary of to prepare for and withstand cyber and phys- access to school-based comprehensive mental Energy to establish a voluntary Cyber Sense ical attacks, and for other purposes. health programs; to the Committee on program to test the cybersecurity of prod- H.R. 7293. An act to amend the Public Health, Education, Labor, and Pensions. Health Service Act to provide best practices ucts and technologies intended for use in the H.R. 1289. An act to amend the Commu- bulk-power system, and for other purposes. on student suicide awareness and prevention nications Act of 1934 to provide for a morato- H.R. 362. An act to amend the Department training and condition State educational rium on number reassignment after a dis- of Energy Organization Act with respect to agencies, local educational agencies, and aster declaration, and for other purposes; to functions assigned to Assistant Secretaries, tribal educational agencies receiving funds the Committee on Commerce, Science, and and for other purposes. under section 520A of such Act to establish Transportation. H.R. 1109. An act to amend the Public and implement a school-based student sui- H.R. 2075. An act to amend the Public Health Service Act to revise and extend cide awareness and prevention training pol- Health Service Act to reauthorize school- projects relating to children and to provide icy. based health centers, and for other purposes; access to school-based comprehensive mental H.R. 7948. An act to amend the Public to the Committee on Health, Education, health programs. Health Service Act with respect to the col- Labor, and Pensions. H.R. 1289. An act to amend the Commu- lection and availability of health data with H.R. 2468. An act to amend the Public nications Act of 1934 to provide for a morato- respect to Indian Tribes, and for other pur- Health Service Act to increase the pref- rium on number reassignment after a dis- poses. erence given, in awarding certain allergies aster declaration, and for other purposes. H.R. 8128. An act to direct the Consumer and asthma-related grants, to States that re- H.R. 1754. An act to improve the integrity Product Safety Commission to establish a quire certain public schools to have allergies and safety of horseracing by requiring a uni- pilot program to explore the use of artificial and asthma management programs, and for form anti-doping and medication control intelligence in support of the mission of the other purposes; to the Committee on Health, program to be developed and enforced by an Commission and direct the Secretary of Education, Labor, and Pensions. independent Horseracing Anti-Doping and Commerce and the Federal Trade Commis- H.R. 2519. An act to authorize the Sec- Medication Control Authority. sion to study and report on the use of retary of Health and Human Services, acting H.R. 2075. An act to amend the Public blockchain technology and digital tokens, through the Director of the Center for Men- Health Service Act to reauthorize respectively. tal Health Services of the Substance Abuse schoolbased health centers, and for other H.R. 8132. An act to require the Federal and Mental Health Services Administration, purposes. Trade Commission and the Secretary of to award grants to implement innovative ap- H.R. 2468. An act to amend the Public Commerce to conduct studies and submit re- proaches to securing prompt access to appro- Health Service Act to increase the pref- ports on the impact of artificial intelligence priate follow-on care for individuals who ex- erence given, in awarding certain allergies and other technologies on United States perience an acute mental health episode and

VerDate Sep 11 2014 07:41 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A30SE6.041 S30SEPT1 SSpencer on DSK126QN23PROD with SENATE September 30, 2020 CONGRESSIONAL RECORD — SENATE S5947 present for care in an emergency depart- MEASURES PLACED ON THE mittee on Agriculture, Nutrition, and For- ment, and for other purposes; to the Com- CALENDAR estry. mittee on Health, Education, Labor, and EC–5575. A communication from the Dep- Pensions. The following bill was read the first uty Administrator for Policy Support, Food H.R. 3131. An act to amend the Public and second times by unanimous con- and Nutrition Service, Department of Agri- Health Service Act to provide for research sent, and placed on the calendar: culture, transmitting, pursuant to law, the and improvement of cardiovascular health H.R. 359. An act to provide for certain pro- report of a rule entitled ‘‘Food Distribution among the South Asian population of the grams and developments in the Department Program on Indian Reservations: Two-Year United States, and for other purposes; to the of Energy concerning the cybersecurity and Administrative Funding Availability and Committee on Health, Education, Labor, and vulnerabilities of, and physical threats to, Substantial Burden Waiver Signatory Re- Pensions. the electric grid, and for other purposes. quirements’’ (RIN0584–AE63) received in the H.R. 3539. An act to amend the Public Office of the President of the Senate on Sep- Health Service Act to direct the Secretary of f tember 23, 2020; to the Committee on Agri- Health and Human Services to develop best culture, Nutrition, and Forestry. practices for the establishment and use of MEASURES READ THE FIRST TIME EC–5576. A communication from the Asso- behavioral intervention teams at schools, The following bills were read the first ciate General Counsel for Regulations and and for other purposes; to the Committee on time: Legislation, Office of Fair Housing and Equal Health, Education, Labor, and Pensions. Opportunity, Department of Housing and S. 4773. A bill to establish the Paycheck H.R. 4078. An act to reauthorize the Young Urban Development, transmitting, pursuant Protection Program Second Draw Loan, and Women’s Breast Health Education and to law, the report of a rule entitled ‘‘HUD’s for other purposes. Awareness Requires Learning Young Act of Implementation of the Fair Housing Act’s S. 4774. A bill to provide support for air 2009; to the Committee on Health, Education, Disparate Impact Standard’’ (RIN2529–AA98) carrier workers, and for other purposes. Labor, and Pensions. received in the Office of the President of the H.R. 4861. An act to amend the Public S. 4775. A bill to provide continued emer- Senate on September 29, 2020; to the Com- Health Service Act to establish a program to gency assistance, educational support, and mittee on Banking, Housing, and Urban Af- improve the identification, assessment, and health care response for individuals, fami- fairs. treatment of patients in the emergency de- lies, and businesses affected by the 2020 EC–5577. A communication from the Acting partment who are at risk of suicide, and for coronavirus pandemic. General Counsel, Federal Energy Regulatory other purposes; to the Committee on Health, f Commission, transmitting, pursuant to law, Education, Labor, and Pensions. the report of a rule entitled ‘‘Participation H.R. 4996. An act to amend title XIX of the ENROLLED BILLS PRESENTED of Distributed Energy Resource Aggrega- Social Security Act to provide for a State tions in Markets Operated by Regional option under the Medicaid program to pro- The Secretary of the Senate reported Transmission Organizations and Independent vide for and extend continuous coverage for that on today, September 30, 2020, she System Operators’’ ((RIN1902–AF73) received certain individuals, and for other purposes; had presented to the President of the to the Committee on Finance. in the Office of the President of the Senate United States the following enrolled on September 24, 2020; to the Committee on H.R. 5373. An act to reauthorize the United bills: States Anti-Doping Agency, and for other Energy and Natural Resources. purposes; to the Committee on Commerce, S. 227. An act to direct the Attorney Gen- EC–5578. A communication from the Science, and Transportation. eral to review, revise, and develop law en- Branch Chief, Fish and Wildlife Service, De- H.R. 5469. An act to address mental health forcement and justice protocols appropriate partment of the Interior, transmitting, pur- issues for youth, particularly youth of color, to address missing and murdered Indians, suant to law, the report of a rule entitled and for other purposes; to the Committee on and for other purposes. ‘‘Migratory Bird Subsistence Harvest in Health, Education, Labor, and Pensions. S. 982. An act to increase intergovern- Alaska; Region-Specific Regulations’’ H.R. 5760. An act to provide for a com- mental coordination to identify and combat (RIN1018–BE24) received in the Office of the prehensive interdisciplinary research, devel- violent crime within Indian lands and of In- President of the Senate on September 23, opment, and demonstration initiative to dians. 2020; to the Committee on Environment and strengthen the capacity of the energy sector Public Works. f to prepare for and withstand cyber and phys- EC–5579. A communication from the ical attacks, and for other purposes; to the EXECUTIVE AND OTHER Branch Chief, Fish and Wildlife Service, De- partment of the Interior, transmitting, pur- Committee on Energy and Natural Re- COMMUNICATIONS sources. suant to law, the report of a rule entitled H.R. 7293. An act to amend the Public The following communications were ‘‘General Provisions; Revised List of Migra- Health Service Act to provide best practices laid before the Senate, together with tory Birds’’ (RIN1018–BC67) received in the on student suicide awareness and prevention accompanying papers, reports, and doc- Office of the President of the Senate on Sep- training and condition State educational uments, and were referred as indicated: tember 23, 2020; to the Committee on Envi- agencies, local educational agencies, and ronment and Public Works. tribal educational agencies receiving funds EC–5572. A communication from the Direc- EC–5580. A communication from the under section 520A of such Act to establish tor of the Regulatory Management Division, Branch Chief, Fish and Wildlife Service, De- and implement a school-based student sui- Environmental Protection Agency, transmit- partment of the Interior, transmitting, pur- cide awareness and prevention training pol- ting, pursuant to law, the report of a rule en- suant to law, the report of a rule entitled icy; to the Committee on Health, Education, titled ‘‘Aspergillus flavus NRRL 21882; ‘‘Migratory Bird Hunting; Seasons and Bag Labor, and Pensions. Amendment to an Exemption From the Re- and Possession Limits for Certain Migratory H.R. 7948. An act to amend the Public quirement of a Tolerance’’ (FRL No. 10014– Game Birds’’ (RIN1018–BD89) received in the Health Service Act with respect to the col- 38–OCSPP) received during adjournment of Office of the President of the Senate on Sep- lection and availability of health data with the Senate in the Office of the President of tember 23, 2020; to the Committee on Envi- respect to Indian Tribes, and for other pur- the Senate on September 25, 2020; to the ronment and Public Works. poses; to the Committee on Indian Affairs. Committee on Agriculture, Nutrition, and EC–5581. A communication from the H.R. 8128. An act to direct the Consumer Forestry. Branch Chief, Fish and Wildlife Service, De- Product Safety Commission to establish a EC–5573. A communication from the Direc- partment of the Interior, transmitting, pur- pilot program to explore the use of artificial tor of the Regulatory Management Division, suant to law, the report of a rule entitled intelligence in support of the consumer prod- Environmental Protection Agency, transmit- ‘‘Migratory Bird Hunting; Final 2020–21 uct safety mission of the Commission; to the ting, pursuant to law, the report of a rule en- Frameworks for Migratory Bird Hunting Committee on Commerce, Science, and titled ‘‘Methyl Bromide; Pesticide Tolerance Regulations’’ (RIN1018–BD89) received in the Transportation. for Emergency Exemptions’’ (FRL No. 10014– Office of the President of the Senate on Sep- H.R. 8132. An act to require the Federal 31–OCSPP) received during adjournment of tember 23, 2020; to the Committee on Envi- Trade Commission and the Secretary of the Senate in the Office of the President of ronment and Public Works. Commerce to conduct studies and submit re- the Senate on September 25, 2020; to the EC–5582. A communication from the Direc- ports on the impact of artificial intelligence Committee on Agriculture, Nutrition, and tor of the Regulatory Management Division, and other technologies on United States Forestry. Environmental Protection Agency, transmit- businesses conducting interstate commerce, EC–5574. A communication from the Direc- ting, pursuant to law, the report of a rule en- and for other purposes; to the Committee on tor of the Regulatory Management Division, titled ‘‘Air Plan Approval; Massachusetts; Commerce, Science, and Transportation. Environmental Protection Agency, transmit- Reasonably Available Control Technology H.R. 8134. An act to support the Consumer ting, pursuant to law, the report of a rule en- for the 2008 and 2015 Ozone Standards’’ (FRL Product Safety Commission’s capability to titled ‘‘Tolerance; Final Rule, Afidopyropen; No. 10015–04–Region 1) received during ad- protect consumers from unsafe consumer Pesticide Tolerances’’ (FRL No. 10003–93– journment of the Senate in the Office of the products, and for other purposes; to the Com- OCSPP) received during adjournment of the President of the Senate on September 25, mittee on Commerce, Science, and Transpor- Senate in the Office of the President of the 2020; to the Committee on Environment and tation. Senate on September 25, 2020; to the Com- Public Works.

VerDate Sep 11 2014 07:41 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A30SE6.058 S30SEPT1 SSpencer on DSK126QN23PROD with SENATE S5948 CONGRESSIONAL RECORD — SENATE September 30, 2020 EC–5583. A communication from the Direc- Citizenship and Immigration Services, De- Pandemic’’ (Notice 2020–35) received in the tor of the Regulatory Management Division, partment of Homeland Security, transmit- Office of the President of the Senate on Sep- Environmental Protection Agency, transmitting, pursuant to law, the report of a rule en- tember 30, 2020; to the Committee on Fi- ting, pursuant to law, the report of a rule entitled ‘‘Asylum Interview Interpreter Re- nance. titled ‘‘Air Plan Approval; Missouri; Re- quirement Modification Due to COVID–19’’ EC–5599. A communication from the Direc- moval of Control of Emissions from Poly- (RIN1615–AC59) received in the Office of the tor of the Regulatory Management Division, ethylene Bag Sealing Operations’’ (FRL No. President of the Senate on September 29, Environmental Protection Agency, transmit- 10015–03–Region 7) received during adjourn- 2020; to the Committee on the Judiciary. ting, pursuant to law, the report of a rule en- ment of the Senate in the Office of the Presi- EC–5592. A communication from the Chair- titled ‘‘Air Quality State Implementation dent of the Senate on September 25, 2020; to man of the Office of Proceedings, Surface Plans; Approval and Promulgation of Imple- the Committee on Environment and Public Transportation Board, Department of Trans- mentation Plans; South Dakota; Infrastruc- Works. portation, transmitting, pursuant to law, the ture Requirements for the 2015 Ozone Na- EC–5584. A communication from the Direc- report of a rule entitled ‘‘Waybill Sample tional Ambient Air Quality Standards; Revi- tor of the Regulatory Management Division, Reporting’’ ((RIN2140–AB49) (Docket No. EP sions to Administrative Rules’’ (FRL No. Environmental Protection Agency, transmit- 385 (Sub–No. 8)) received in the Office of the 10014–86–Region 8) received in the Office of ting, pursuant to law, the report of a rule en- President of the Senate on September 23, the President of the Senate on September 30, titled ‘‘Air Plan Approval; Pennsylvania; 2020; to the Committee on Commerce, 2020; to the Committee on Environment and 1997 8-Hour Ozone NAAQS Second Mainte- Science, and Transportation. Public Works. nance Plan for the Franklin County Area’’ EC–5593. A communication from the Pro- EC–5600. A communication from the Direc- (FRL No. 10015–02–Region 3) received during gram Analyst, Media Bureau, Federal Com- tor of the Regulatory Management Division, adjournment of the Senate in the Office of munications Commission, transmitting, pur- Environmental Protection Agency, transmit- the President of the Senate on September 25, suant to law, the report of a rule entitled ting, pursuant to law, the report of a rule entitled ‘‘Modification of Significant New Uses 2020; to the Committee on Environment and ‘‘Amendment of Section 73.3556 of the Com- of Certain Chemical Substances (20–1,M)’’ Public Works. mission’s Rules Regarding Duplication of (FRL No. 10013–53–OCSPP) received in the Of- EC–5585. A communication from the Direc- Programming on Commonly Owned Radio fice of the President of the Senate on Sep- tor of the Regulatory Management Division, Stations; Modernization of Media Regulation tember 30, 2020; to the Committee on Envi- Environmental Protection Agency, transmit- Initiative’’ ((MB Docket No. 19–310, and 17– ting, pursuant to law, the report of a rule en- ronment and Public Works. 105) (FCC 20–109)) received during adjourn- EC–5601. A communication from the Direc- titled ‘‘ID 2015 Ozone Interstate Transport’’ ment of the Senate in the Office of the Presi- (FRL No. 10014–79–Region 10) received during tor of the Regulatory Management Division, dent of the Senate on September 25, 2020; to Environmental Protection Agency, transmit- adjournment of the Senate in the Office of the Committee on Commerce, Science, and the President of the Senate on September 25, ting, pursuant to law, the report of a rule en- Transportation. titled ‘‘NPDES Electronic Reporting Rule - 2020; to the Committee on Environment and EC–5594. A communication from the Pro- Public Works. Phase 2 Extension’’ (FRL No. 10015–08–OECA) gram Analyst, Media Bureau, Federal Com- received in the Office of the President of the EC–5586. A communication from the Direc- munications Commission, transmitting, pur- tor of the Legal Processing Division, Inter- Senate on September 30, 2020; to the Com- suant to law, the report of a rule entitled mittee on Environment and Public Works. nal Revenue Service, Department of the ‘‘Completing the Transition to Electronic Treasury, transmitting, pursuant to law, the Filing, Licenses and Authorizations, and f report of a rule entitled ‘‘Revenue Proce- Correspondence in the Wireless Radio Serv- REPORTS OF COMMITTEES dure: Examination of Returns and Claims for ices’’ ((WT Docket No. 19–212) (FCC 20–126)) Refund, Credit, or Abatement; Determina- received during adjournment of the Senate The following reports of committees tion of Correct Tax Liability’’ (Rev. Proc. in the Office of the President of the Senate were submitted: 2020–41) received during adjournment of the on September 25, 2020; to the Committee on By Mr. WICKER, from the Committee on Senate in the Office of the President of the Commerce, Science, and Transportation. Commerce, Science, and Transportation, Senate on September 25, 2020; to the Com- EC–5595. A communication from the Direc- with an amendment in the nature of a sub- mittee on Finance. tor of the Legal Processing Division, Inter- stitute: EC–5587. A communication from the Direc- nal Revenue Service, Department of the S. 2730. A bill to establish and ensure an in- tor of the Legal Processing Division, Inter- Treasury, transmitting, pursuant to law, the clusive transparent Drone Advisory Com- nal Revenue Service, Department of the report of a rule entitled ‘‘Section 125 Cafe- mittee (Rept. No. 116–272). Treasury, transmitting, pursuant to law, the teria Plans - Modification of Permissive Car- By Mr. WICKER, from the Committee on report of a rule entitled ‘‘Nuclear Decommis- ryover Rule for Health Flexible Spending Ar- Commerce, Science, and Transportation, sioning Funds’’ (TD 9906) received during ad- rangements and Clarification Regarding Re- with an amendment: journment of the Senate in the Office of the imbursements of Premiums by Individual S. 2981. A bill to reauthorize and amend the President of the Senate on September 25, National Oceanic and Atmospheric Adminis- Coverage Health Reimbursement Arrange- 2020; to the Committee on Finance. tration Commissioned Officer Corps Act of ments’’ (Notice 2020–33) received in the Office EC–5588. A communication from the Assist- 2002, and for other purposes (Rept. No. 116– of the President of the Senate on September ant General Counsel for Regulatory Affairs, 273) Pension Benefit Guaranty Corporation, 30, 2020; to the Committee on Finance. f transmitting, pursuant to law, the report of EC–5596. A communication from the Direc- a rule entitled ‘‘Allocation of Assets in Sin- tor of the Legal Processing Division, Inter- EXECUTIVE REPORT OF nal Revenue Service, Department of the gle-Employer Plans; Benefits Payable in Ter- COMMITTEE minated Single-Employer Plans; Interest As- Treasury, transmitting, pursuant to law, the sumptions for Valuing and Paying Benefits’’ report of a rule entitled ‘‘Treasury Decision The following executive report of a (29 CFR Parts 4022 and 4044) received in the (TD): Ownership Attribution Under Section nomination was submitted: Office of the President of the Senate on Sep- 958 Including for Purposes of Determining By Mr. JOHNSON for the Committee on tember 24, 2020; to the Committee on Health, Status as Controlled Foreign Corporation or Homeland Security and Governmental Af- Education, Labor, and Pensions. United States Shareholder’’ ((RIN1545–B052) fairs. EC–5589. A communication from the Assist- (TD 9908)) received in the Office of the Presi- * Chad F. Wolf, of Virginia, to be Secretary ant General Counsel for Regulatory Affairs, dent of the Senate on September 30, 2020; to of Homeland Security. Pension Benefit Guaranty Corporation, the Committee on Finance. * Nomination was reported with rec- transmitting, pursuant to law, the report of EC–5597. A communication from the Direc- tor of the Legal Processing Division, Inter- ommendation that it be confirmed sub- a rule entitled ‘‘Lump Sum Payment As- ject to the nominee’s commitment to sumptions’’ (RIN1212–AB41) received in the nal Revenue Service, Department of the Office of the President of the Senate on Sep- Treasury, transmitting, pursuant to law, the respond to requests to appear and tes- tember 24, 2020; to the Committee on Health, report of a rule entitled ‘‘Rehabilitation tify before any duly constituted com- Education, Labor, and Pensions. Credit Allocated Over a 5-Year Period’’ mittee of the Senate EC–5590. A communication from the ((RIN1545–BP56) (TD 9915)) received in the Of- f Branch Chief, Fish and Wildlife Service, De- fice of the President of the Senate on Sep- partment of the Interior, transmitting, pur- tember 30, 2020; to the Committee on Fi- INTRODUCTION OF BILLS AND suant to law, the report of a rule entitled nance. JOINT RESOLUTIONS ‘‘Migratory Bird Hunting; Migratory Bird EC–5598. A communication from the Direc- The following bills and joint resolu- tor of the Legal Processing Division, Inter- Hunting Regulations on Certain Federal In- tions were introduced, read the first dian Reservations and Ceded Lands for the nal Revenue Service, Department of the 2020–21 Season’’ (RIN1018–BD89) received in Treasury, transmitting, pursuant to law, the and second times by unanimous con- the Office of the President of the Senate on report of a rule entitled ‘‘Additional Admin- sent, and referred as indicated: September 23, 2020; to the Committee on In- istrative Relief with Respect to Deadlines By Mr. MENENDEZ: dian Affairs. Applicable to Employment Taxes, Employee S. 4759. A bill to establish the United EC–5591. A communication from the Chief Benefits, and Exempt Organizations Affected States-India Clean Energy and Power Trans- of the Regulatory Coordination Division, by the Ongoing Coronavirus Disease 2019 mission Partnership to facilitate renewable

VerDate Sep 11 2014 21:43 Dec 07, 2020 Jkt 019060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\RECORD20\SEPTEMBER\S30SE0.REC S30SE0 sradovich on DSKJLST7X2PROD with CONG-REC-ONLINE September 30, 2020 CONGRESSIONAL RECORD — SENATE S5949 energy cooperation with India, to enhance sistance Program, and for other purposes; to cords; to the Committee on Foreign Rela- cooperation with India on climate resilience the Committee on Finance. tions. and adaptation, and for other purposes; to By Mr. WYDEN (for himself and Mr. By Mr. MCCONNELL (for Mr. RUBIO the Committee on Foreign Relations. SCHUMER): (for himself, Mr. CARDIN, Mr. CORNYN, By Mr. BENNET (for himself and Mr. S. 4771. A bill to provide continued assist- Ms. CORTEZ MASTO, Mr. GRASSLEY, YOUNG): ance to unemployed workers; to the Com- Ms. CANTWELL, Mr. RISCH, Ms. KLO- S. 4760. A bill to establish a program to de- mittee on Finance. BUCHAR, Mr. KENNEDY, Mr. VAN HOL- velop antimicrobial innovations targeting By Mr. SCHATZ (for himself, Mr. BEN- LEN, Mr. BLUNT, Mr. CARPER, Mrs. the most challenging pathogens and most NET, and Ms. KLOBUCHAR): BLACKBURN, Mr. BOOKER, Mr. HOEVEN, threatening infections; to the Committee on S. 4772. A bill to establish the Future of Mr. DURBIN, Mr. GARDNER, Mr. COONS, Health, Education, Labor, and Pensions. Local News Commission to examine and re- Mr. LANKFORD, Mrs. SHAHEEN, Mrs. By Mr. KING: port on the role of local news gathering in FISCHER, Mr. WHITEHOUSE, Mr. S. 4761. A bill to amend the Employee Re- sustaining democracy in the United States CRAPO, Ms. HIRONO, Mr. ALEXANDER, tirement Income Security Act of 1974, title and the factors contributing to the demise of Mr. BROWN, Mr. PORTMAN, Mr. XXVII of the Public Health Service Act, and local journalism, and to propose policies and WYDEN, Ms. ERNST, Mr. MERKLEY, the Internal Revenue Code of 1986 to require mechanisms that could reinvigorate local Ms. MCSALLY, Ms. ROSEN, Mr. group health plans and health insurance news to meet the critical information needs ROUNDS, Mr. PETERS, Mr. HAWLEY, issuers offering group or individual health of the people of the United States in the 21st Ms. DUCKWORTH, Mrs. FEINSTEIN, Mr. insurance coverage to provide for 3 primary century; to the Committee on Commerce, HEINRICH, Mr. WICKER, Mrs. HYDE- care visits and 3 behavioral health care visits Science, and Transportation. SMITH, Mr. TILLIS, Mr. CRAMER, Mr. without application of any cost-sharing re- By Ms. COLLINS (for herself and Mr. COTTON, Mr. BOOZMAN, Mr. PERDUE, quirement; to the Committee on Finance. RUBIO): Mr. YOUNG, and Mr. ROMNEY)): By Mr. BURR (for himself, Mr. TILLIS, S. 4773. A bill to establish the Paycheck S. Res. 730. A resolution supporting the Ms. KLOBUCHAR, and Mr. WARNER): Protection Program Second Draw Loan, and designation of the week beginning Sep- S. 4762. A bill to designate the airport traf- for other purposes; read the first time. tember 20, 2020, as ‘‘National Small Business fic control tower located at Piedmont Triad By Mr. WICKER (for himself and Ms. Week’’ and commending the entrepreneurial International Airport in Greensboro, North COLLINS): spirit of the small business owners of the Carolina, as the ‘‘Senator Kay Hagan Airport S. 4774. A bill to provide support for air United States and their impact on their com- Traffic Control Tower’’; considered and carrier workers, and for other purposes; read munities; considered and agreed to. passed. the first time. By Ms. COLLINS (for herself, Ms. By Mr. KENNEDY: By Mr. MCCONNELL: SMITH, Mr. BRAUN, Mr. ROBERTS, Mr. S. 4763. A bill to require the Secretary of S. 4775. A bill to provide continued emer- KAINE, Ms. WARREN, and Mr. CASEY): Veterans Affairs to submit to Congress a re- gency assistance, educational support, and S. Res. 731. A resolution supporting Lights port on the Veteran Engagement Through health care response for individuals, fami- On Afterschool, a national celebration of Electronic Resources and Notifications lies, and businesses affected by the 2020 afterschool programs held on October 22, Study conducted by the Department of Vet- coronavirus pandemic; read the first time. 2020; considered and agreed to. erans Affairs; to the Committee on Veterans’ By Mrs. SHAHEEN (for herself, Mr. By Mr. HOEVEN (for himself, Mr. HEIN- Affairs. LANKFORD, and Mr. KING): RICH, Mr. MORAN, Mr. ROBERTS, Mr. By Mr. TILLIS: S. 4776. A bill to reduce the amount pro- CRAMER, Mr. TESTER, Ms. SMITH, Ms. S. 4764. A bill to require the Secretary of vided to agencies that do not comply with BALDWIN, Mrs. MURRAY, Mr. THUNE, Housing and Urban Development to establish reasonable vehicle utilization standards and Mr. BRAUN, Mr. UDALL, Mr. WHITE- a pilot program for public-private partner- to establish methods and procedures for eval- HOUSE, Mr. INHOFE, Mr. CORNYN, Mr. ships for disaster mitigation projects, and uating vehicle fleets; to the Committee on ENZI, Mr. BOOZMAN, Mr. ROUNDS, Mr. for other purposes; to the Committee on Homeland Security and Governmental Af- PORTMAN, Mr. SCHUMER, Ms. WARREN, Banking, Housing, and Urban Affairs. fairs. Mr. MARKEY, and Mr. BENNET): By Mr. YOUNG (for himself and Mrs. By Ms. HIRONO (for herself, Mr. S. Res. 732. A resolution designating No- SHAHEEN): BROWN, Mrs. MURRAY, Mr. SANDERS, vember 7, 2020, as ‘‘National Bison Day’’; S. 4765. A bill to amend title 10, United Ms. DUCKWORTH, Mr. SCHATZ, Mr. considered and agreed to. States Code, to eliminate the inclusion of CARDIN, and Ms. WARREN): By Mr. GRAHAM (for himself and Mr. certain personally identifying information S. 4777. A bill to restore leave lost by Fed- SCOTT of South Carolina): from the information furnished to promotion eral employees during certain public health S. Res. 733. A resolution recognizing 2020 as selection boards for commissioned officers of emergencies, and for other purposes; to the the centennial of the Preservation Society of the Armed Forces, and for other purposes; to Committee on Homeland Security and Gov- Charleston; considered and agreed to. the Committee on Armed Services. ernmental Affairs. By Ms. COLLINS (for herself, Ms. By Mr. WARNER (for himself, Mr. ROSEN, Mr. SCOTT of South Carolina, KAINE, Mr. CARDIN, Mr. VAN HOLLEN, f Mr. CASEY, Ms. MCSALLY, Mr. and Mr. BROWN): SUBMISSION OF CONCURRENT AND BLUMENTHAL, Mr. HAWLEY, Ms. WAR- S. 4766. A bill to ensure that personal pro- REN, Mr. BRAUN, and Ms. SINEMA): tective equipment and other equipment and SENATE RESOLUTIONS S. Res. 734. A resolution designating the supplies needed to fight coronavirus are pro- The following concurrent resolutions week of September 21 through September 25, vided to employees required to return to and Senate resolutions were read, and 2020, as ‘‘National Falls Prevention Aware- Federal offices, and for other purposes; to referred (or acted upon), as indicated: ness Week’’ to raise awareness and encour- the Committee on Homeland Security and age the prevention of falls among older Governmental Affairs. By Ms. STABENOW (for herself, Ms. adults; considered and agreed to. By Mr. CASEY (for himself and Ms. MURKOWSKI, Mrs. FEINSTEIN, Mr. By Mr. GARDNER (for himself, Mr. STABENOW): BROWN, Mr. BLUMENTHAL, Mr. BENNET, and Mr. UDALL): S. 4767. A bill to establish programs to sup- PETERS, Mr. MENENDEZ, Mr. VAN S. Res. 735. A resolution designating Sep- port research and development with respect HOLLEN, and Mrs. CAPITO): tember 29, 2020, as ‘‘National Urban Wildlife to personal protective equipment for health S. Res. 727. A resolution designating Sep- Refuge Day’’; considered and agreed to. care workers; to the Committee on Health, tember 2020 as ‘‘National Ovarian Cancer By Mr. WYDEN (for himself, Mr. Education, Labor, and Pensions. Awareness Month’’; to the Committee on the GRASSLEY, Mrs. BLACKBURN, Ms. HAS- By Mr. COTTON: Judiciary. SAN, Mr. LANKFORD, Mr. CASEY, Ms. S. 4768. A bill to establish the Office of In- By Mr. CASEY (for himself and Mr. KLOBUCHAR, Mr. SCOTT of South Caro- telligence in the Department of Agriculture, RISCH): lina, Ms. CORTEZ MASTO, Ms. SINEMA, and for other purposes; to the Committee on S. Res. 728. A resolution recognizing the in- Mr. ROBERTS, Mr. YOUNG, Mr. VAN Agriculture, Nutrition, and Forestry. strumental role United States global food se- HOLLEN, Ms. BALDWIN, Mr. KAINE, Mr. By Ms. WARREN (for herself, Mr. curity programs, particularly the Feed the BROWN, Mr. SCHUMER, and Mr. BOOKER, Ms. HARRIS, Mrs. GILLI- Future program, have played in reducing BRAUN): BRAND, and Ms. SMITH): global poverty, building resilience and tack- S. Res. 736. A resolution designating Sep- S. 4769. A bill to improve the public health ling hunger and malnutrition around the tember 2020 as ‘‘National Kinship Care response to addressing maternal mortality world, and calling for continued investment Month’’; considered and agreed to. and morbidity during the COVID–19 public in global food security in the face of the eco- By Mr. KAINE (for himself, Mr. health emergency; to the Committee on nomic impact of COVID–19; to the Com- WICKER, Mr. MORAN, and Mr. Health, Education, Labor, and Pensions. mittee on Foreign Relations. TESTER): By Mr. SCHATZ (for himself and Mr. By Mr. BROWN (for himself and Mr. S. Res. 737. A resolution expressing support MERKLEY): PORTMAN): for the designation of September 30, 2020, as S. 4770. A bill to amend the Social Security S. Res. 729. A resolution recognizing the ‘‘National Veterans Suicide Prevention Act to provide for a Family Crisis Cash As- 25th anniversary of the Dayton Peace Ac- Day’’; considered and agreed to.

VerDate Sep 11 2014 08:13 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A30SE6.050 S30SEPT1 SSpencer on DSK126QN23PROD with SENATE S5950 CONGRESSIONAL RECORD — SENATE September 30, 2020

By Mr. CASSIDY (for himself and Mr. S. 741 S. 1902 MURPHY): At the request of Ms. SMITH, the At the request of Mr. CASEY, the S. Res. 738. A resolution recognizing sui- names of the Senator from Alabama name of the Senator from Illinois (Mr. cide as a serious public health problem and (Mr. JONES) and the Senator from Flor- DURBIN) was added as a cosponsor of S. expressing support for the designation of September as ‘‘National Suicide Prevention ida (Mr. SCOTT) were added as cospon- 1902, a bill to require the Consumer Month’’; considered and agreed to. sors of S. 741, a bill to amend the Pub- Product Safety Commission to promul- By Mr. CORNYN (for himself, Mr. lic Health Service Act to require group gate a consumer product safety rule for BOOKER, Mr. BRAUN, Mr. WHITEHOUSE, and individual health insurance cov- free-standing clothing storage units to Mr. WICKER, Mr. REED, Mr. RUBIO, erage and group health plans to provide protect children from tip-over related and Ms. KLOBUCHAR): for cost sharing for oral anticancer death or injury, and for other purposes. S. Res. 739. A resolution expressing support drugs on terms no less favorable than S. 2054 for the designation of the week of September the cost sharing provided for 21 through September 25, 2020, as ‘‘National At the request of Mr. MARKEY, the Family Service Learning Week’’; considered anticancer medications administered names of the Senator from Texas (Mr. and agreed to. by a health care provider. CORNYN) and the Senator from Min- By Mrs. SHAHEEN (for herself, Mr. S. 800 nesota (Ms. SMITH) were added as co- PORTMAN, Ms. HASSAN, Mr. WHITE- At the request of Mr. CASSIDY, the sponsors of S. 2054, a bill to post- HOUSE, Ms. CANTWELL, Ms. SMITH, Ms. name of the Senator from West Vir- humously award the Congressional CORTEZ MASTO, Mr. COONS, Mr. ginia (Mrs. CAPITO) was added as a co- Gold Medal, collectively, to Glen PETERS, Mr. WARNER, Mr. GARDNER, sponsor of S. 800, a bill to establish a Doherty, Tyrone Woods, J. Christopher Mr. BENNET, Mr. REED, Mr. MARKEY, postsecondary student data system. Ms. HIRONO, Mr. WYDEN, Mr. Stevens, and Sean Smith, in recogni- S. 815 MANCHIN, Mr. CARPER, Mr. VAN HOL- tion of their contributions to the Na- LEN, Mr. MERKLEY, Ms. STABENOW, At the request of Mr. BOOZMAN, the tion. Mr. CARDIN, Mr. HEINRICH, and Ms. name of the Senator from Kansas (Mr. S. 2389 COLLINS): MORAN) was added as a cosponsor of S. At the request of Mrs. GILLIBRAND, S. Res. 740. A resolution designating Octo- 815, a bill to amend the Internal Rev- the names of the Senator from Massa- ber 7, 2020, as ‘‘Energy Efficiency Day’’ in enue Code of 1986 to allow a refundable celebration of the economic and environ- chusetts (Mr. MARKEY), the Senator tax credit against income tax for the from Oregon (Mr. MERKLEY) and the mental benefits that have been driven by pri- purchase of qualified access technology vate sector innovation and Federal energy Senator from Minnesota (Ms. KLO- efficiency policies; considered and agreed to. for the blind. BUCHAR) were added as cosponsors of S. By Mr. MCCONNELL (for Mr. ALEX- S. 892 2389, a bill to provide access to counsel ANDER (for himself, Mr. UDALL, Mr. At the request of Mr. CASEY, the for children and other vulnerable popu- MCCONNELL, Mr. SCHUMER, Mr. GRA- name of the Senator from Indiana (Mr. lations. HAM, Mr. HEINRICH, Mr. GARDNER, Mr. YOUNG) was added as a cosponsor of S. S. 2748 BROWN, Mr. PORTMAN, Mrs. MURRAY, 892, a bill to award a Congressional At the request of Mr. MARKEY, the Mr. ROBERTS, Ms. CANTWELL, Mrs. Gold Medal, collectively, to the women name of the Senator from New Jersey BLACKBURN, Mr. MANCHIN, Mr. MAR- in the United States who joined the KEY, and Ms. ROSEN)): (Mr. BOOKER) was added as a cosponsor workforce during World War II, pro- S. Res. 741. A resolution designating Octo- of S. 2748, a bill to repeal the section of viding the aircraft, vehicles, weaponry, ber 30, 2020, as a national day of remem- the Middle Class Tax Relief and Job ammunition, and other materials to brance for the workers of the nuclear weap- Creation Act of 2012 that requires the ons program of the United States; considered win the war, that were referred to as Federal Communications Commission and agreed to. ‘‘Rosie the Riveter’’, in recognition of to reallocate and auction the T–Band By Ms. WARREN (for herself, Mr. COT- their contributions to the United spectrum. TON, Mr. PETERS, Ms. ROSEN, Mr. States and the inspiration they have JOHNSON, and Mr. LANKFORD): provided to ensuing generations. S. 2753 S. Con. Res. 48. A concurrent resolution ex- At the request of Mr. BROWN, the S. 944 pressing support for the designation of Octo- name of the Senator from Massachu- ber 28, 2020, as ‘‘Honoring the Nation’s First At the request of Mr. SCHATZ, the setts (Mr. MARKEY) was added as a co- Responders Day’’; to the Committee on names of the Senator from Vermont sponsor of S. 2753, a bill to amend title Homeland Security and Governmental Af- (Mr. SANDERS), the Senator from Vir- fairs. ginia (Mr. WARNER) and the Senator XVI of the Social Security Act to update eligibility for the supplemental f from Virginia (Mr. KAINE) were added security income program, and for other ADDITIONAL COSPONSORS as cosponsors of S. 944, a bill to enhance the security operations of the purposes. S. 195 Transportation Security Administra- S. 2898 At the request of Mr. PORTMAN, the tion and the stability of the transpor- At the request of Mr. INHOFE, the name of the Senator from Utah (Mr. tation security workforce by applying name of the Senator from Michigan LEE) was added as a cosponsor of S. 195, a unified personnel system under title (Ms. STABENOW) was added as a cospon- a bill to require the Director of the 5, United States Code, to employees of sor of S. 2898, a bill to amend title 5, Government Publishing Office to estab- the Transportation Security Adminis- United States Code, to provide for a lish and maintain a website accessible tration who are responsible for screen- full annuity supplement for certain air to the public that allows the public to ing passengers and property, and for traffic controllers. obtain electronic copies of all congres- other purposes. S. 2907 sionally mandated reports in one place, S. 1125 At the request of Ms. HASSAN, the and for other purposes. At the request of Mr. TILLIS, the name of the Senator from Wisconsin S. 511 name of the Senator from Indiana (Mr. (Ms. BALDWIN) was added as a cospon- At the request of Mrs. GILLIBRAND, BRAUN) was added as a cosponsor of S. sor of S. 2907, a bill to amend title the name of the Senator from New Jer- 1125, a bill to amend the Health Insur- XVIII of the Social Security Act to sey (Mr. BOOKER) was added as a co- ance Portability and Accountability provide coverage of medical nutrition sponsor of S. 511, a bill to promote and Act. therapy services for individuals with protect from discrimination living S. 1263 eating disorders under the Medicare organ donors. At the request of Ms. CORTEZ MASTO, program. S. 514 the name of the Senator from Virginia S. 3004 At the request of Mr. RISCH, his name (Mr. WARNER) was added as a cosponsor At the request of Mr. MARKEY, the was added as a cosponsor of S. 514, a of S. 1263, a bill to require the Sec- name of the Senator from Vermont bill to amend title 38, United States retary of Veterans Affairs to establish (Mr. LEAHY) was added as a cosponsor Code, to improve the benefits and serv- an interagency task force on the use of of S. 3004, a bill to protect human ices provided by the Department of public lands to provide medical treat- rights and enhance opportunities for Veterans Affairs to women veterans, ment and therapy to veterans through LGBTI people around the world, and and for other purposes. outdoor recreation. for other purposes.

VerDate Sep 11 2014 08:13 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A30SE6.052 S30SEPT1 SSpencer on DSK126QN23PROD with SENATE September 30, 2020 CONGRESSIONAL RECORD — SENATE S5951 S. 3072 (Mr. VAN HOLLEN) was added as a co- S. 4384 At the request of Mrs. HYDE-SMITH, sponsor of S. 3825, a bill to establish At the request of Mr. SULLIVAN, the the name of the Senator from Arkansas the Coronavirus Mental Health and Ad- name of the Senator from West Vir- (Mr. BOOZMAN) was added as a cospon- diction Assistance Network, and for ginia (Mrs. CAPITO) was added as a co- sor of S. 3072, a bill to amend the Fed- other purposes. sponsor of S. 4384, a bill to require the eral Food, Drug, and Cosmetic Act to S. 4063 Secretary of Veterans Affairs to ad- prohibit the approval of new abortion At the request of Mr. THUNE, the dress exposure by members of the drugs, to prohibit investigational use name of the Senator from North Caro- Armed Forces to toxic substances at exemptions for abortion drugs, and to lina (Mr. TILLIS) was added as a co- Karshi-Khanabad Air Base, Uzbekistan, impose additional regulatory require- sponsor of S. 4063, a bill to provide and for other purposes. ments with respect to previously ap- that, due to the disruptions caused by S. 4393 proved abortion drugs, and for other COVID–19, applications for impact aid At the request of Mr. TILLIS, the purposes. funding for fiscal year 2022 may use name of the Senator from West Vir- S. 3176 certain data submitted in the fiscal ginia (Mrs. CAPITO) was added as a co- At the request of Mr. COONS, the year 2021 application. sponsor of S. 4393, a bill to improve the name of the Senator from Nebraska S. 4152 provision of health care and other ben- (Mr. SASSE) was added as a cosponsor At the request of Mr. HOEVEN, the efits from the Department of Veterans of S. 3176, a bill to amend the Foreign names of the Senator from West Vir- Affairs for veterans who were exposed Assistance Act of 1961 and the United ginia (Mrs. CAPITO) and the Senator to toxic substances, and for other pur- States-Israel Strategic Partnership Act from Hawaii (Mr. SCHATZ) were added poses. of 2014 to make improvements to cer- as cosponsors of S. 4152, a bill to pro- S. 4429 tain defense and security assistance vide for the adjustment or modifica- At the request of Mrs. BLACKBURN, provisions and to authorize the appro- tion by the Secretary of Agriculture of the name of the Senator from West priations of funds to Israel, and for loans for critical rural utility service Virginia (Mrs. CAPITO) was added as a other purposes. providers, and for other purposes. cosponsor of S. 4429, a bill to direct the S. 3232 S. 4166 Secretary of Defense to conduct a At the request of Mr. SCHATZ, the At the request of Ms. SINEMA, the study regarding toxic exposure by name of the Senator from New Mexico name of the Senator from New Hamp- members of the Armed Forces deployed (Mr. UDALL) was added as a cosponsor shire (Mrs. SHAHEEN) was added as a co- to Karshi Khanabad Air Base, Uzbek- of S. 3232, a bill to promote and support sponsor of S. 4166, a bill to require the istan, to include such members in the the local arts and creative economy in Secretary of Veterans Affairs to secure open burn pit registry, and for other the United States. medical opinions for veterans with purposes. S. 3353 service-connected disabilities who die S. 4431 At the request of Mr. CASSIDY, the from COVID–19 to determine whether At the request of Mrs. FEINSTEIN, the names of the Senator from Montana their service-connected disabilities name of the Senator from Arizona (Ms. (Mr. DAINES) and the Senator from were the principal or contributory MCSALLY) was added as a cosponsor of Oklahoma (Mr. INHOFE) were added as cases of death, and for other purposes. S. 4431, a bill to increase wildfire pre- cosponsors of S. 3353, a bill to amend S. 4181 paredness and response throughout the title XVIII of the Social Security Act United States, and for other purposes. to provide for extended months of At the request of Mr. REED, the name Medicare coverage of immuno- of the Senator from Michigan (Ms. S. 4532 suppressive drugs for kidney transplant STABENOW) was added as a cosponsor of At the request of Mrs. CAPITO, the patients, and for other purposes. S. 4181, a bill to establish a Library name of the Senator from Colorado Stabilization Fund to respond to and (Mr. BENNET) was added as a cosponsor S. 3356 accelerate the recovery from of S. 4532, a bill to amend title XXVII At the request of Mr. KING, the name coronavirus. of the Senator from North Carolina of the Public Health Service Act and S. 4258 the Patient Protection and Affordable (Mr. BURR) was added as a cosponsor of S. 3356, a bill to support the reuse and At the request of Mr. CORNYN, the Care Act to require coverage of hearing recycling of batteries and critical min- name of the Senator from Connecticut devices and systems in certain private erals, and for other purposes. (Mr. MURPHY) was added as a cosponsor health insurance plans, and for other of S. 4258, a bill to establish a grant purposes. S. 3517 program for small live venue operators S. 4571 At the request of Ms. KLOBUCHAR, the name of the Senator from Nevada (Ms. and talent representatives. At the request of Mr. SCHATZ, the CORTEZ MASTO) was added as a cospon- S. 4327 names of the Senator from Vermont sor of S. 3517, a bill to increase the At the request of Mr. MARKEY, the (Mr. LEAHY), the Senator from Mon- ability of nursing facilities to access to names of the Senator from Delaware tana (Mr. DAINES) and the Senator telehealth services and obtain tech- (Mr. COONS) and the Senator from from Montana (Mr. TESTER) were added nologies to allow virtual visits during Oklahoma (Mr. INHOFE) were added as as cosponsors of S. 4571, a bill to extend the public health emergency relating cosponsors of S. 4327, a bill to establish certain deadlines for the 2020 decennial to an outbreak of coronavirus disease the Taiwan Fellowship Program, and census. 2019 (COVID–19), and for other pur- for other purposes. S. 4600 poses. S. 4347 At the request of Ms. HIRONO, the S. 3761 At the request of Mr. SCHATZ, the name of the Senator from Vermont At the request of Mr. PETERS, his name of the Senator from Massachu- (Mr. LEAHY) was added as a cosponsor name was added as a cosponsor of S. setts (Ms. WARREN) was added as a co- of S. 4600, a bill to amend title 10, 3761, a bill to amend title 38, United sponsor of S. 4347, a bill to establish a United States Code, to improve the re- States Code, to require the Secretary Coronavirus Rapid Response Federal sponses of the Department of Defense of Veterans Affairs to provide veterans Labor-Management Task Force, and to sex-related offenses, and for other service organizations and recognized for other purposes. purposes. agents and attorneys opportunities to S. 4349 S. 4613 review Department of Veterans Affairs At the request of Mr. KAINE, the At the request of Mr. BOOZMAN, the disability rating determinations before names of the Senator from Montana names of the Senator from Georgia they are finalized, and for other pur- (Mr. TESTER) and the Senator from (Mr. PERDUE) and the Senator from poses. Minnesota (Ms. SMITH) were added as West Virginia (Mr. MANCHIN) were S. 3825 cosponsors of S. 4349, a bill to address added as cosponsors of S. 4613, a bill to At the request of Ms. KLOBUCHAR, the behavioral health and well-being amend the Fairness to Contact Lens name of the Senator from Maryland among health care professionals. Consumers Act to prevent certain

VerDate Sep 11 2014 08:13 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A30SE6.054 S30SEPT1 SSpencer on DSK126QN23PROD with SENATE S5952 CONGRESSIONAL RECORD — SENATE September 30, 2020 automated calls and to require notice setts (Mr. MARKEY) was added as a co- TITLE II—CORONAVIRUS LIABILITY of the availability of contact lens pre- sponsor of S. Res. 724, a resolution ex- RELIEF scriptions to patients, and for other pressing the sense of the Senate re- Sec. 2001. Short title. purposes. garding the practice of politically mo- Sec. 2002. Findings and purposes. Sec. 2003. Definitions. S. 4661 tivated imprisonment of women around At the request of Mr. COTTON, the the world and calling on governments Subtitle A—Liability Relief names of the Senator from Pennsyl- for the immediate release of women PART I—LIABILITY LIMITATIONS FOR INDIVID- vania (Mr. TOOMEY) and the Senator who are political prisoners. UALS AND ENTITIES ENGAGED IN BUSINESSES, SERVICES, ACTIVITIES, OR ACCOMMODATIONS from Arkansas (Mr. BOOZMAN) were AMENDMENT NO. 2660 Sec. 2121. Application of part. added as cosponsors of S. 4661, a bill to At the request of Mr. PORTMAN, the Sec. 2122. Liability; safe harbor. authorize the President to post- name of the Senator from Alaska (Ms. PART II—LIABILITY LIMITATIONS FOR HEALTH humously award the Medal of Honor to MURKOWSKI) was added as a cosponsor CARE PROVIDERS Alwyn C. Cashe for acts of valor during of amendment No. 2660 intended to be Operation Iraqi Freedom. proposed to H.R. 8337, a bill making Sec. 2141. Application of part. S. 4676 Sec. 2142. Liability for health care profes- continuing appropriations for fiscal sionals and health care facili- At the request of Mr. COONS, the year 2021, and for other purposes. ties during coronavirus public names of the Senator from Montana f health emergency. (Mr. DAINES) and the Senator from Vir- PART III—SUBSTANTIVE AND PROCEDURAL ginia (Mr. WARNER) were added as co- STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS PROVISIONS FOR CORONAVIRUS-RELATED AC- sponsors of S. 4676, a bill to improve TIONS GENERALLY the debt relief program under the By Mr. BURR (for himself, Mr. Sec. 2161. Jurisdiction. CARES Act, and for other purposes. TILLIS, Ms. KLOBUCHAR, and Mr. Sec. 2162. Limitations on suits. S. 4684 WARNER): Sec. 2163. Procedures for suit in district At the request of Mr. ENZI, the name S. 4762. A bill to designate the airport courts of the united states. of the Senator from Delaware (Mr. traffic control tower located at Pied- Sec. 2164. Demand letters; cause of action. CARPER) was added as a cosponsor of S. mont Triad International Airport in PART IV—RELATION TO LABOR AND 4684, a bill to designate the facility of Greensboro, North Carolina, as the EMPLOYMENT LAWS the United States Postal Service lo- ‘‘Senator Kay Hagan Airport Traffic Sec. 2181. Limitation on violations under cated at 440 Arapahoe Street in Control Tower’’; considered and passed. specific laws. Sec. 2182. Liability for conducting testing at Thermopolis, Wyoming, as the ‘‘Robert S. 4762 L. Brown Post Office’’. workplace. Be it enacted by the Senate and House of Sec. 2183. Joint employment and inde- S. 4710 Representatives of the United States of America pendent contracting. At the request of Ms. KLOBUCHAR, the in Congress assembled, Sec. 2184. Exclusion of certain notification names of the Senator from Rhode Is- SECTION 1. DESIGNATION. requirements as a result of the land (Mr. WHITEHOUSE) and the Senator The airport traffic control tower located at COVID–19 public health emer- from Connecticut (Mr. MURPHY) were Piedmont Triad International Airport in gency. added as cosponsors of S. 4710, a bill to Greensboro, North Carolina, and any suc- Subtitle B—Products cessor airport traffic control tower at that obtain and direct the placement in the Sec. 2201. Applicability of the targeted li- Capitol or on the Capitol Grounds of a location, shall be known and designated as the ‘‘Senator Kay Hagan Airport Traffic ability protections for pan- monument to honor Associate Justice Control Tower’’. demic and epidemic products of the Supreme Court of the United and security countermeasures SEC. 2. REFERENCES. with respect to covid–19. States Ruth Bader Ginsburg. Any reference in a law, map, regulation, S. 4715 document, paper, or other record of the Subtitle C—General Provisions At the request of Mr. ROUNDS, the United States to the airport traffic control Sec. 2301. Severability. names of the Senator from Louisiana tower referred to in section 1 shall be deemed TITLE III—ASSISTANCE FOR AMERICAN (Mr. CASSIDY) and the Senator from to be a reference to the ‘‘Senator Kay Hagan FAMILIES North Dakota (Mr. CRAMER) were added Airport Traffic Control Tower’’. Sec. 3001. Short title. as cosponsors of S. 4715, a bill to grant Sec. 3002. Extension of the Federal Pan- Federal charter to the National Amer- By Mr. MCCONNELL: demic Unemployment Com- S. 4775. A bill to provide continued ican Indian Veterans, Incorporated. pensation program. emergency assistance, educational sup- S. RES. 689 TITLE IV—SMALL BUSINESS PROGRAMS port, and health care response for indi- At the request of Mr. RISCH, the Sec. 4001. Small business recovery. viduals, families, and businesses af- names of the Senator from Vermont fected by the 2020 coronavirus pan- TITLE V—POSTAL SERVICE ASSISTANCE (Mr. LEAHY), the Senator from Mary- demic; read the first time. Sec. 5001. COVID–19 funding for the United land (Mr. VAN HOLLEN) and the Senator States Postal Service. S. 4775 from California (Mrs. FEINSTEIN) were TITLE VI—EDUCATIONAL SUPPORT AND Be it enacted by the Senate and House of Rep- added as cosponsors of S. Res. 689, a CHILD CARE resolution condemning the crackdown resentatives of the United States of America in Congress assembled, Subtitle A—Emergency Education Freedom on peaceful protestors in Belarus and Grants; Tax Credits for Contributions to SECTION 1. SHORT TITLE. calling for the imposition of sanctions This Act may be cited as the ‘‘Delivering Eligible Scholarship-granting Organiza- on responsible officials. Immediate Relief to America’s Families, tions S. RES. 709 Schools and Small Businesses Act’’. Sec. 6001. Emergency education freedom At the request of Mr. GRAHAM, the SEC. 2. TABLE OF CONTENTS. grants. names of the Senator from Oregon (Mr. The table of contents for this Act is as fol- Sec. 6002. Tax credits for contributions to el- MERKLEY) and the Senator from Texas lows: igible scholarship-granting organizations. (Mr. CORNYN) were added as cosponsors Sec. 1. Short title. Sec. 6003. Education Freedom Scholarships Sec. 2. Table of contents. of S. Res. 709, a resolution expressing web portal and administration. Sec. 3. References. the sense of the Senate that the August Sec. 6004. 529 account funding for 13, 2020, and September 11, 2020, an- DIVISION A—LIABILITY PROTECTIONS, homeschool and additional ele- nouncements of the establishment of CONTINUED RELIEF FOR SMALL BUSI- mentary and secondary ex- full diplomatic relations between the NESSES AND WORKERS, PUBLIC penses. HEALTH ENHANCEMENTS, AND EDU- State of Israel and the United Arab Subtitle B—Back to Work Child Care Grants CATIONAL SUPPORT Emirates and the State of Israel and TITLE I—SUNSETS AND OFFSETS Sec. 6101. Back to Work Child Care grants. the Kingdom of Bahrain are historic TITLE VII—PANDEMIC PREPARATION achievements. Sec. 1001. Emergency relief and taxpayer protections. AND STRATEGIC STOCKPILE S. RES. 724 Sec. 1002. Direct appropriation. Sec. 7001. Sustained on-shore manufacturing At the request of Mr. MENENDEZ, the Sec. 1003. Termination of authority. capacity for public health name of the Senator from Massachu- Sec. 1004. Rescissions. emergencies.

VerDate Sep 11 2014 08:13 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0655 E:\CR\FM\A30SE6.056 S30SEPT1 SSpencer on DSK126QN23PROD with SENATE September 30, 2020 CONGRESSIONAL RECORD — SENATE S5953 Sec. 7002. Improving and sustaining State Act (12 U.S.C. 343(3)) in which the Secretary (6) This halt led to the loss of millions of medical stockpiles. made a loan, loan guarantee, or other invest- jobs. These lost jobs were not a natural con- Sec. 7003. Strengthening the Strategic Na- ment using funds appropriated under section sequence of the economic environment, but tional Stockpile. 4027, but may modify or restructure a loan, rather the result of a drastic, though tem- TITLE VIII—CORONAVIRUS RELIEF FUND obligation, asset, security, or other interest, porary, response to the unprecedented na- EXTENSION or extension of credit made or purchased ture of this global pandemic. through any such program or facility pro- Sec. 8001. Extension of period to use (7) Congress passed a series of statutes to vided that— Coronavirus Relief Fund pay- address the health care and economic cri- ‘‘(A) the loan, obligation, asset, security, ments. ses—the Coronavirus Preparedness and Re- or other interest, or extension of credit is for sponse Supplemental Appropriations Act, TITLE IX—CHARITABLE GIVING an eligible business, including an eligible 2020 (Public Law 116–123; 134 Stat. 146), the Sec. 9001. Increase in limitation on partial nonprofit organization; and Families First Coronavirus Response Act above the line deduction for ‘‘(B) the modification or restructuring re- (Public Law 116–127; 134 Stat. 178), the charitable contributions. lates to a single and specific eligible busi- Coronavirus Aid, Relief, and Economic Secu- TITLE X—CRITICAL MINERALS ness, including an eligible nonprofit organi- rity Act or the CARES Act (Public Law 116– zation; and Sec. 10001. Mineral security. 136), and the Paycheck Protection Program ‘‘(C) the modification or restructuring is Sec. 10002. Rare earth element advanced coal and Health Care Enhancement Act (Public necessary to minimize costs to taxpayers technologies. Law 116–139; 134 Stat. 620). In these laws Con- that could arise from a default on the loan, gress exercised its power under the Com- TITLE XI—MISCELLANEOUS PROVISIONS obligation, asset, security, or other interest, merce and Spending Clauses of the Constitu- Sec. 11001. Emergency designation. or extension of credit.’’. tion of the United States to direct trillions DIVISION B—CORONAVIRUS RESPONSE SEC. 1004. RESCISSIONS. of taxpayer dollars toward efforts to aid (a) PPP AND SUBSIDY FOR CERTAIN LOAN ADDITIONAL SUPPLEMENTAL APPRO- workers, businesses, State and local govern- PAYMENTS.—Of the unobligated balances in PRIATIONS ACT, 2020 ments, health care workers, and patients. the appropriations account under the head- SEC. 3. REFERENCES. (8) This legislation provided short-term in- ing ‘‘Small Business Administration—Busi- Except as expressly provided otherwise, sulation from the worst of the economic ness Loans Program Account, CARES Act’’ any reference to ‘‘this Act’’ contained in any as of the day before the date of enactment of storm, but these laws alone cannot protect division of this Act shall be treated as refer- this Act, effective on the date of enactment the United States from further devastation. ring only to the provisions of that division. of this Act $146,000,000,000 shall be rescinded Only reopening the economy so that workers DIVISION A—LIABILITY PROTECTIONS, and deposited into the general fund of the can get back to work and students can get CONTINUED RELIEF FOR SMALL BUSI- Treasury. back to school can accomplish that goal. NESSES AND WORKERS, PUBLIC (b) EXCHANGE STABILIZATION FUND.—Sec- (9) The Constitution of the United States HEALTH ENHANCEMENTS, AND EDU- tion 4003 of the CARES Act (15 U.S.C. 9042) is specifically enumerates the legislative pow- CATIONAL SUPPORT amended— ers of Congress. One of those powers is the regulation of interstate commerce. The Gov- TITLE I—SUNSETS AND OFFSETS (1) in subsection (a), by striking ‘‘$500,000,000,000’’ and inserting ernment is not a substitute for the economy, SEC. 1001. EMERGENCY RELIEF AND TAXPAYER ‘‘$296,000,000,000’’; and but it has the authority and the duty to act PROTECTIONS. (2) in subsection (b)(4), in the matter pre- when interstate commerce is threatened and Section 4003 of the CARES Act (15 U.S.C. ceding subparagraph (A), by striking damaged. As applied to the present crisis, 9061) is amended in subsection (e) by striking ‘‘$454,000,000,000’’ and inserting Congress can deploy its power over inter- ‘‘Amounts’’ and inserting ‘‘Notwithstanding ‘‘$250,000,000,000’’. state commerce to promote a prudent re- any other provision of law, amounts’’. TITLE II—CORONAVIRUS LIABILITY opening of businesses and other organiza- SEC. 1002. DIRECT APPROPRIATION. RELIEF tions that serve as the foundation and back- Section 4027 of the CARES Act (15 U.S.C. bone of the national economy and of com- 9063) is amended by adding at the end the fol- SEC. 2001. SHORT TITLE. This title may be cited as the ‘‘Safe- merce among the States. These include lowing: guarding America’s Frontline Employees To small and large businesses, schools (which ‘‘(d) REDUCTION.—The appropriation made Offer Work Opportunities Required to are substantial employers in their own right under this section shall be reduced, on Janu- Kickstart the Economy Act’’ or the ‘‘SAFE and provide necessary services to enable par- ary 19, 2021, by an amount equal to the dif- TO WORK Act’’. ents and other caregivers to return to work), ference between $454,000,000,000 and the ag- colleges and universities (which are substan- gregate amount of loans, loan guarantees, SEC. 2002. FINDINGS AND PURPOSES. (a) FINDINGS.—Congress finds the fol- tial employers and supply the interstate and other investments that the Secretary lowing: market for higher-education services), reli- has made or committed to make under sec- (1) The SARS–CoV–2 virus that originated gious, philanthropic and other nonprofit in- tion 4003(b)(4) as of such date.’’. in China and causes the disease COVID–19 stitutions (which are substantial employers SEC. 1003. TERMINATION OF AUTHORITY. has caused untold misery and devastation and provide necessary services to their com- Section 4029 of the CARES Act (15 U.S.C. throughout the world, including in the munities), and local government agencies. 9063) is amended by adding at the end the fol- United States. (10) Congress must also ensure that the Na- lowing: (2) For months, frontline health care work- tion’s health care workers and health care ‘‘(c) FEDERAL RESERVE PROGRAMS OR FA- ers and health care facilities have fought the facilities are able to act fully to defeat the CILITIES.— virus with courage and resolve. They did so virus. ‘‘(1) IN GENERAL.—Notwithstanding any at first with very little information about (11) Congress must also safeguard its in- other provision of law, after January 4, 2021, how to treat the virus and developed strate- vestment of taxpayer dollars under the the Board of Governors of the Federal Re- gies to save lives of the people of the United CARES Act and other coronavirus legisla- serve System and the Federal Reserve banks States in real time. They risked their per- tion. Congress must ensure that those funds shall not make any loan, purchase any obli- sonal health and wellbeing to protect and are used to help businesses and workers sur- gation, asset, security, or other interest, or treat their patients. vive and recover from the economic crisis, make any extension of credit through any (3) Businesses in the United States kicked and to help health care workers and health program or facility established under section into action to produce and procure personal care facilities defeat the virus. CARES Act 13(3) of the Federal Reserve Act (12 U.S.C. protective equipment, such as masks, gloves, funds cannot be diverted from these impor- 343(3)) in which the Secretary made a loan, face shields, and hand sanitizer, and other tant purposes to line the pockets of the trial loan guarantee, or other investment using necessary medical supplies, such as ventila- bar. funds appropriated under section 4027, other tors, at unprecedented rates. (12) One of the chief impediments to the than any such loan, purchase, or extension of (4) To halt the spread of the disease, State continued flow of interstate commerce as credit for which a complete application was and local governments took drastic meas- this public-health crisis has unfolded is the submitted on or before January 4, 2021, pro- ures. They shut down small and large busi- risk of litigation. Small and large busi- vided that such loan, purchase, or extension nesses, schools, colleges and universities, re- nesses, schools, colleges and universities, re- of credit is made on or before January 18, ligious, philanthropic and other nonprofit in- ligious, philanthropic and other nonprofit in- 2021, and under the terms and conditions of stitutions, and local government agencies. stitutions, and local government agencies the program or facility as in effect on the They ordered people to remain in their confront the risk of a tidal wave of lawsuits date the complete application was sub- homes. accusing them of exposing employees, cus- mitted. (5) This standstill was needed to slow the tomers, students, and worshipers to ‘‘(2) NO MODIFICATION.—On or after January spread of the virus. But it devastated the coronavirus. Health care workers face the 19, 2021, the Board of Governors of the Fed- economy of the United States. The sum of threat of lawsuits arising from their efforts eral Reserve System and the Federal Reserve hundreds of local-level and State-level deci- to fight the virus. banks shall not modify the terms and condi- sions to close nearly every space in which (13) They confront this litigation risk even tions of any program or facility established people might gather brought interstate com- as they work tirelessly to comply with the under section 13(3) of the Federal Reserve merce nearly to a halt. coronavirus guidance, rules, and regulations

VerDate Sep 11 2014 08:13 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A30SE6.061 S30SEPT1 SSpencer on DSK126QN23PROD with SENATE S5954 CONGRESSIONAL RECORD — SENATE September 30, 2020 issued by local governments, State govern- should proceed. Congress therefore must act vention or mitigation of the transmission of ments, and the Federal Government. They to set rules governing liability in coronavirus issued by the Federal Govern- confront this risk notwithstanding equip- coronavirus-related lawsuits. ment, or a State or local government with ment and staffing shortages. And they con- (22) These rules necessarily must be tem- jurisdiction over the individual or entity. front this risk while also grappling with con- porary and carefully tailored to the inter- (2) BUSINESSES, SERVICES, ACTIVITIES, OR stantly changing information on how best to state crisis caused by the coronavirus pan- ACCOMMODATIONS.—The term ‘‘businesses, protect employees, customers, students, and demic. They must extend no further than services, activities, or accommodations’’ worshipers from the virus, and how best to necessary to meet this uniquely national cri- means any act by an individual or entity, ir- treat it. sis for which a patchwork of State and local respective of whether the act is carried on (14) These lawsuits pose a substantial risk tort laws are ill-suited. for profit, that is interstate or foreign com- to interstate commerce because they threat- (23) Because of the national scope of the merce, that involves persons or things in en to keep small and large businesses, economic and health care dangers posed by interstate or foreign commerce, that in- schools, colleges and universities, religious, the risks of coronavirus-related lawsuits, es- volves the channels or instrumentalities of philanthropic and other nonprofit institu- tablishing temporary rules governing liabil- interstate or foreign commerce, that sub- tions, and local government agencies from ity for certain coronavirus-related tort stantially affects interstate or foreign com- reopening for fear of expensive litigation claims is a necessary and proper means of merce, or that is otherwise an act subject to that might prove to be meritless. These law- carrying into execution Congress’s power to regulation by Congress as necessary and suits further threaten to undermine the Na- regulate commerce among the several proper to carry into execution Congress’s tion’s fight against the virus by exposing our States. powers to regulate interstate or foreign com- health care workers and health care facili- (24) Because Congress must safeguard the merce or to spend funds for the general wel- ties to liability for difficult medical deci- investment of taxpayer dollars it made in fare. sions they have made under trying and un- the CARES Act and other coronavirus legis- (3) CORONAVIRUS.—The term ‘‘coronavirus’’ certain circumstances. lation, and ensure that they are used for means any disease, health condition, or (15) These lawsuits also risk diverting tax- their intended purposes and not diverted for threat of harm caused by the SARS–CoV–2 payer money provided under the CARES Act other purposes, establishing temporary rules virus or a virus mutating therefrom. and other coronavirus legislation from its in- governing liability for certain coronavirus- tended purposes to the pockets of opportun- (4) CORONAVIRUS EXPOSURE ACTION.— related tort claims is a necessary and proper (A) IN GENERAL.—The term ‘‘coronavirus istic trial lawyers. means of carrying into execution Congress’s (16) This risk is not purely local. It is nec- exposure action’’ means a civil action— power to provide for the general welfare of (i) brought by a person who suffered per- essarily national in scale. A patchwork of the United States. local and State rules governing liability in sonal injury or is at risk of suffering per- (b) PURPOSES.—Pursuant to the powers del- sonal injury, or a representative of a person coronavirus-related lawsuits creates tremen- egated to Congress by article I, section 8, dous unpredictability for everyone partici- who suffered personal injury or is at risk of clauses 1, 3, 9, and 18, and article III, section suffering personal injury; pating in interstate commerce and acts as a 2, clause 1 of the Constitution of the United significant drag on national recovery. The (ii) brought against an individual or entity States, the purposes of this title are to— engaged in businesses, services, activities, or aggregation of each individual potential li- (1) establish necessary and consistent ability risk poses a substantial and unprece- accommodations; and standards for litigating certain claims spe- dented threat to interstate commerce. (iii) alleging that an actual, alleged, cific to the unique coronavirus pandemic; (17) The accumulated economic risks for feared, or potential for exposure to (2) prevent the overburdening of the court these potential defendants directly and sub- coronavirus caused the personal injury or systems with undue litigation; stantially affects interstate commerce. Indi- risk of personal injury, that— (3) encourage planning, care, and appro- viduals and entities potentially subject to (I) occurred in the course of the businesses, priate risk management by small and large coronavirus-related liability will structure services, activities, or accommodations of businesses, schools, colleges and univer- their decisionmaking to avoid that liability. the individual or entity; and sities, religious, philanthropic and other Small and large businesses, schools, colleges (II) occurred— nonprofit institutions, local government and universities, religious, philanthropic and (aa) on or after December 1, 2019; and other nonprofit institutions, and local gov- agencies, and health care providers; (bb) before the later of— ernment agencies may decline to reopen be- (4) ensure that the Nation’s recovery from (AA) October 1, 2024; or cause of the risk of litigation. They may the coronavirus economic crisis is not bur- (BB) the date on which there is no declara- limit their output or engagement with cus- dened or slowed by the substantial risk of tion by the Secretary of Health and Human tomers and communities to avoid the risk of litigation; Services under section 319F–3(b) of the Pub- litigation. These individual economic deci- (5) prevent litigation brought to extract lic Health Service Act (42 U.S.C. 247d–6d(b)) sions substantially affect interstate com- settlements and enrich trial lawyers rather (relating to medical countermeasures) that merce because, as a whole, they will prevent than vindicate meritorious claims; is in effect with respect to coronavirus, in- the free and fair exchange of goods and serv- (6) protect interstate commerce from the cluding the Declaration Under the Public ices across State lines. Such economic activ- burdens of potentially meritless litigation; Readiness and Emergency Preparedness Act ity that, individually and in the aggregate, (7) ensure the economic recovery proceeds for Medical Countermeasures Against substantially affects interstate commerce is without artificial and unnecessary delay; COVID–19 (85 Fed. Reg. 15198 ) issued by the precisely the sort of conduct that should be (8) protect the interests of the taxpayers Secretary of Health and Human Services on subject to congressional regulation. by ensuring that emergency taxpayer sup- March 17, 2020. (18) Lawsuits against health care workers port continues to aid businesses, workers, (B) EXCLUSIONS.—The term ‘‘coronavirus and facilities pose a similarly dangerous risk and health care providers rather than enrich exposure action’’ does not include— to interstate commerce. Interstate com- trial lawyers; and (i) a criminal, civil, or administrative en- merce will not truly rebound from this crisis (9) protect the highest and best ideals of forcement action brought by the Federal until the virus is defeated, and that will not the national economy, so businesses can Government or any State, local, or Tribal happen unless health care workers and facili- produce and serve their customers, workers government; or ties are free to combat vigorously the virus can work, teachers can teach, students can (ii) a claim alleging intentional discrimi- and treat patients with coronavirus and learn, and believers can worship. nation on the basis of race, color, national those otherwise impacted by the response to SEC. 2003. DEFINITIONS. origin, religion, sex (including pregnancy), coronavirus. In this title: disability, genetic information, or age. (19) Subjecting health care workers and fa- (1) APPLICABLE GOVERNMENT STANDARDS (5) CORONAVIRUS-RELATED ACTION.—The cilities to onerous litigation even as they AND GUIDANCE.—The term ‘‘applicable gov- term ‘‘coronavirus-related action’’ means a have done their level best to combat a virus ernment standards and guidance’’ means— coronavirus exposure action or a about which very little was known when it (A) any mandatory standards or regula- coronavirus-related medical liability action. arrived in the United States would divert im- tions specifically concerning the prevention (6) CORONAVIRUS-RELATED HEALTH CARE portant health care resources from hospitals or mitigation of the transmission of SERVICES.—The term ‘‘coronavirus-related and providers to courtrooms. coronavirus issued by the Federal Govern- health care services’’ means services pro- (20) Such a diversion would substantially ment, or a State or local government with vided by a health care provider, regardless of affect interstate commerce by degrading the jurisdiction over an individual or entity, the location where the services are provided, national capacity for combating the virus whether provided by executive, judicial, or that relate to— and saving patients, thereby substantially legislative order; and (A) the diagnosis, prevention, or treatment elongating the period before interstate com- (B) with respect to an individual or entity of coronavirus; merce could fully re-engage. that, at the time of the actual, alleged, (B) the assessment or care of an individual (21) Congress also has the authority to de- feared, or potential for exposure to with a confirmed or suspected case of termine the jurisdiction of the courts of the coronavirus is not subject to any mandatory coronavirus; or United States, to set the standards for standards or regulations described in sub- (C) the care of any individual who is admit- causes of action they can hear, and to estab- paragraph (A), any guidance, standards, or ted to, presents to, receives services from, or lish the rules by which those causes of action regulations specifically concerning the pre- resides at, a health care provider for any

VerDate Sep 11 2014 08:13 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A30SE6.061 S30SEPT1 SSpencer on DSK126QN23PROD with SENATE September 30, 2020 CONGRESSIONAL RECORD — SENATE S5955 purpose during the period of a Federal emer- and supports furnished in a home or commu- (A) actual or potential physical injury to gency declaration concerning coronavirus, if nity-based residential setting under the an individual or death caused by a physical such provider’s decisions or activities with State Medicaid program or a waiver of that injury; or respect to such individual are impacted as a program); or (B) mental suffering, emotional distress, or result of coronavirus. (iii) considered under applicable Federal or similar injuries suffered by an individual in (7) CORONAVIRUS-RELATED MEDICAL LIABIL- State law to be a health care provider, connection with a physical injury. ITY ACTION.— health care professional, health care institu- (17) STATE.—The term ‘‘State’’— (A) IN GENERAL.—The term ‘‘coronavirus- tion, or health care facility. (A) means any State of the United States, related medical liability action’’ means a (B) INCLUSION OF ADMINISTRATORS, SUPER- the District of Columbia, the Commonwealth civil action— VISORS, ETC.—The term ‘‘health care proof Puerto Rico, the Northern Mariana Is- (i) brought by a person who suffered per- vider’’ includes a health care facility admin- lands, the United States Virgin Islands, sonal injury, or a representative of a person istrator, executive, supervisor, board mem- Guam, American Samoa, and any other ter- who suffered personal injury; ber or trustee, or another individual respon- ritory or possession of the United States, (ii) brought against a health care provider; sible for directing, supervising, or moni- and any political subdivision or instrumen- and toring the provision of coronavirus-related tality thereof; and (iii) alleging any harm, damage, breach, or health care services in a comparable role. (B) includes any agency or instrumentality tort resulting in the personal injury alleged (C) INCLUSION OF VOLUNTEERS.—The term of 2 or more of the entities described in sub- to have been caused by, be arising out of, or ‘‘health care provider’’ includes volunteers paragraph (A). be related to a health care provider’s act or that meet the following criteria: (18) TRIBAL GOVERNMENT.— omission in the course of arranging for or (i) The volunteer is a health care profes- (A) IN GENERAL.—The term ‘‘Tribal govern- providing coronavirus-related health care sional providing coronavirus-related health ment’’ means the recognized governing body services that occurred— care services. of any Indian tribe included on the list pub- (I) on or after December 1, 2019; and (ii) The act or omission by the volunteer lished by the Secretary of the Interior pursu- (II) before the later of— occurs— ant to section 104(a) of the Federally Recog- (aa) October 1, 2024; or (I) in the course of providing health care nized Indian Tribe List Act of 1994 (25 U.S.C. (bb) the date on which there is no declara- services; 5131(a)). tion by the Secretary of Health and Human (II) in the health care professional’s capac- (B) INCLUSION.—The term ‘‘Tribal govern- Services under section 319F–3(b) of the Pub- ity as a volunteer; ment’’ includes any subdivision (regardless lic Health Service Act (42 U.S.C. 247d–6d(b)) (III) in the course of providing health care of the laws and regulations of the jurisdic- (relating to covered countermeasures) that is services that— tion in which the subdivision is organized or in effect with respect to coronavirus, includ- (aa) are within the scope of the license, incorporated) of a governing body described ing the Declaration Under the Public Readi- registration, or certification of the volun- in subparagraph (A) that— ness and Emergency Preparedness Act for teer, as defined by the State of licensure, (i) is wholly owned by that governing body; Medical Countermeasures Against COVID–19 registration, or certification; and and (85 Fed. Reg. 15198 ) issued by the Secretary (bb) do not exceed the scope of license, reg- (ii) has been delegated the right to exercise of Health and Human Services on March 17, istration, or certification of a substantially 1 or more substantial governmental func- 2020. similar health professional in the State in tions of the governing body. XCLUSIONS (B) E .—The term ‘‘coronavirus- which such act or omission occurs; and (19) WILLFUL MISCONDUCT.—The term ‘‘will- related medical liability action’’ does not in- (IV) in a good-faith belief that the indi- ful misconduct’’ means an act or omission clude— vidual being treated is in need of health care that is taken— (i) a criminal, civil, or administrative en- services. (A) intentionally to achieve a wrongful forcement action brought by the Federal (13) INDIVIDUAL OR ENTITY.—The term ‘‘in- purpose; Government or any State, local, or Tribal dividual or entity’’ means— (B) knowingly without legal or factual jus- government; or (A) any natural person, corporation, com- tification; and (ii) a claim alleging intentional discrimi- pany, trade, business, firm, partnership, (C) in disregard of a known or obvious risk nation on the basis of race, color, national joint stock company, vessel in rem, edu- that is so great as to make it highly prob- origin, religion, sex (including pregnancy), cational institution, labor organization, or able that the harm will outweigh the benefit. disability, genetic information, or age. similar organization or group of organiza- (8) EMPLOYER.—The term ‘‘employer’’— tions; Subtitle A—Liability Relief (A) means any person serving as an em- (B) any nonprofit organization, foundation, PART I—LIABILITY LIMITATIONS FOR IN- ployer or acting directly in the interest of an society, or association organized for reli- DIVIDUALS AND ENTITIES ENGAGED IN employer in relation to an employee; gious, charitable, educational, or other pur- BUSINESSES, SERVICES, ACTIVITIES, OR (B) includes a public agency; and poses; or ACCOMMODATIONS (C) does not include any labor organization (C) any State, Tribal, or local government. SEC. 2121. APPLICATION OF PART. (other than when acting as an employer) or (14) LOCAL GOVERNMENT.—The term ‘‘local (a) CAUSE OF ACTION; TRIBAL SOVEREIGN IM- any person acting in the capacity of officer government’’ means any unit of government MUNITY.— or agent of such labor organization. within a State, including a— (1) CAUSE OF ACTION.— (9) GOVERNMENT.—The term ‘‘government’’ (A) county; (A) IN GENERAL.—This part creates an ex- means an agency, instrumentality, or other (B) borough; clusive cause of action for coronavirus expo- entity of the Federal Government, a State (C) municipality; sure actions. government (including multijurisdictional (D) city; (B) LIABILITY.—A plaintiff may prevail in a agencies, instrumentalities, and entities), a (E) town; coronavirus exposure action only in accord- local government, or a Tribal government. (F) township; ance with the requirements of this subtitle. (10) GROSS NEGLIGENCE.—The term ‘‘gross (G) parish; (C) APPLICATION.—The provisions of this negligence’’ means a conscious, voluntary (H) local public authority, including any part shall apply to— act or omission in reckless disregard of— public housing agency under the United (i) any cause of action that is a (A) a legal duty; States Housing Act of 1937 (42 U.S.C. 1437 et coronavirus exposure action that was filed (B) the consequences to another party; and seq.); before the date of enactment of this Act and (C) applicable government standards and (I) special district; that is pending on such date of enactment; guidance. (J) school district; and (11) HARM.—The term ‘‘harm’’ includes— (K) intrastate district; (ii) any coronavirus exposure action filed (A) physical and nonphysical contact that (L) council of governments, whether or not on or after such date of enactment. results in personal injury to an individual; incorporated as a nonprofit corporation (2) PRESERVATION OF LIABILITY LIMITS AND and under State law; and DEFENSES.—Except as otherwise explicitly (B) economic and noneconomic losses. (M) agency or instrumentality of— provided in this part, nothing in this part ex- (12) HEALTH CARE PROVIDER.— (i) multiple units of local government (in- pands any liability otherwise imposed or (A) IN GENERAL.—The term ‘‘health care cluding units of local government located in limits any defense otherwise available under provider’’ means any person, including an different States); or Federal, State, or Tribal law. agent, volunteer (subject to subparagraph (ii) an intra-State unit of local govern- (3) IMMUNITY.—Nothing in this part abro- (C)), contractor, employee, or other entity, ment. gates the immunity of any State, or waives who is— (15) MANDATORY.—The term ‘‘mandatory’’, the immunity of any Tribal government. The (i) required by Federal or State law to be with respect to applicable government stand- limitations on liability provided under this licensed, registered, or certified to provide ards and guidance, means the standards or part shall control in any action properly health care and is so licensed, registered, or regulations are themselves enforceable by filed against a State or Tribal government certified (or is exempt from any such re- the issuing government through criminal, pursuant to a duly executed waiver by the quirement); civil, or administrative action. State or Tribe of sovereign immunity and (ii) otherwise authorized by Federal or (16) PERSONAL INJURY.—The term ‘‘personal stating claims within the scope of this part. State law to provide care (including services injury’’ means— (b) PREEMPTION AND SUPERSEDURE.—

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(1) IN GENERAL.—Except as described in entity is subject issues applicable govern- (d) MITIGATION.—Changes to the policies, paragraphs (2) through (6), this part pre- ment standards and guidance, and the appli- practices, or procedures of an individual or empts and supersedes any Federal, State, or cable government standards and guidance entity for complying with the applicable Tribal law, including statutes, regulations, issued by 1 or more of the governments con- government standards and guidance after the rules, orders, proclamations, or standards flicts with the applicable government stand- time of the actual, alleged, feared, or poten- that are enacted, promulgated, or estab- ards and guidance issued by 1 or more of the tial for exposure to coronavirus, shall not be lished under common law, related to recov- other governments, the individual or entity considered evidence of liability or culpa- ery for personal injuries caused by actual, al- shall be considered to have made reasonable bility. leged, feared, or potential for exposure to efforts in light of all the circumstances to PART II—LIABILITY LIMITATIONS FOR coronavirus. comply with the applicable government HEALTH CARE PROVIDERS standards and guidance for purposes of sub- (2) STRICTER LAWS NOT PREEMPTED OR SU- SEC. 2141. APPLICATION OF PART. section (a)(1) unless the plaintiff establishes PERSEDED.—Nothing in this part shall be (a) IN GENERAL.— by clear and convincing evidence that the in- construed to affect the applicability of any (1) CAUSE OF ACTION.— dividual or entity was not making reason- provision of any Federal, State, or Tribal (A) IN GENERAL.—This part creates an ex- able efforts in light of all the circumstances law that imposes stricter limits on damages clusive cause of action for coronavirus-re- to comply with any of the conflicting appli- or liabilities for personal injury caused by, lated medical liability actions. cable government standards and guidance arising out of, or related to an actual, al- (B) LIABILITY.—A plaintiff may prevail in a issued by any government to whose jurisdic- leged, feared, or potential for exposure to coronavirus-related medical liability action tion the individual or entity is subject. coronavirus, or otherwise affords greater only in accordance with the requirements of (B) EXCEPTION.—If mandatory standards protection to defendants in any coronavirus this subtitle. exposure action, than are provided in this and regulations constituting applicable government standards and guidance issued by (C) APPLICATION.—The provisions of this part. Any such provision of Federal, State, part shall apply to— or Tribal law shall be applied in addition to any government with jurisdiction over the individual or entity conflict with applicable (i) any cause of action that is a the requirements of this part and not in lieu coronavirus-related medical liability action thereof. government standards and guidance that are not mandatory and are issued by any other that was filed before the date of enactment (3) WORKERS’ COMPENSATION LAWS NOT PRE- of this Act and that is pending on such date EMPTED OR SUPERSEDED.—Nothing in this government with jurisdiction over the individual or entity or by the same government of enactment; and part shall be construed to affect the applica- (ii) any coronavirus-related medical liabil- bility of any State or Tribal law providing that issued the mandatory standards and regulations, the plaintiff may establish that ity action filed on or after such date of en- for a claim for benefits under a workers’ actment. compensation scheme or program, or to pre- the individual or entity did not make reasonable efforts in light of all the circumstances (2) PRESERVATION OF LIABILITY LIMITS AND empt or supersede an exclusive remedy under DEFENSES.—Except as otherwise explicitly such scheme or program. to comply with the applicable government standards and guidance for purposes of sub- provided in this part, nothing in this part ex- (4) ENFORCEMENT ACTIONS.—Nothing in this section (a)(1) by establishing by clear and pands any liability otherwise imposed or part shall be construed to impair, limit, or limits any defense otherwise available under affect the authority of the Federal Govern- convincing evidence that the individual or entity was not making reasonable efforts in Federal, State, or Tribal law. ment, or of any State, local, or Tribal gov- light of all the circumstances to comply with (3) IMMUNITY.—Nothing in this part abro- ernment, to bring any criminal, civil, or ad- the mandatory standards and regulations to gates the immunity of any State, or waives ministrative enforcement action against any which the individual or entity was subject. the immunity of any Tribal government. The individual or entity. (2) WRITTEN OR PUBLISHED POLICY.— limitations on liability provided under this (5) DISCRIMINATION CLAIMS.—Nothing in (A) IN GENERAL.—If an individual or entity part shall control in any action properly this part shall be construed to affect the ap- engaged in businesses, services, activities, or filed against a State or Tribal government plicability of any provision of any Federal, accommodations maintained a written or pursuant to a duly executed waiver by the State, or Tribal law that creates a cause of published policy on the mitigation of trans- State or Tribe of sovereign immunity and action for intentional discrimination on the mission of coronavirus at the time of the ac- stating claims within the scope of this part. basis of race, color, national origin, religion, tual, alleged, feared, or potential for expo- (b) PREEMPTION AND SUPERSEDURE.— sex (including pregnancy), disability, genetic sure to coronavirus that complied with, or (1) IN GENERAL.—Except as described in information, or age. was more protective than, the applicable paragraphs (2) through (6), this part pre- (6) MAINTENANCE AND CURE.—Nothing in government standards and guidance to which empts and supersedes any Federal, State, or this part shall be construed to affect a sea- the individual or entity was subject, the in- Tribal law, including statutes, regulations, man’s right to claim maintenance and cure dividual or entity shall be presumed to have rules, orders, proclamations, or standards benefits. made reasonable efforts in light of all the that are enacted, promulgated, or estab- (c) STATUTE OF LIMITATIONS.—A circumstances to comply with the applicable lished under common law, related to recov- coronavirus exposure action may not be government standards and guidance for pur- ery for personal injuries caused by, arising commenced in any Federal, State, or Tribal poses of subsection (a)(1). out of, or related to an act or omission by a government court later than 1 year after the (B) REBUTTAL.—The plaintiff may rebut health care provider in the course of arrang- date of the actual, alleged, feared, or poten- the presumption under subparagraph (A) by ing for or providing coronavirus-related tial for exposure to coronavirus. establishing that the individual or entity health care services. SEC. 2122. LIABILITY; SAFE HARBOR. was not complying with the written or pub- (2) STRICTER LAWS NOT PREEMPTED OR SU- (a) REQUIREMENTS FOR LIABILITY FOR EXPO- lished policy at the time of the actual, al- PERSEDED.—Nothing in this part shall be SURE TO CORONAVIRUS.—Notwithstanding any leged, feared, or potential for exposure to construed to affect the applicability of any other provision of law, and except as other- coronavirus. provision of any Federal, State, or Tribal wise provided in this section, no individual (C) ABSENCE OF A WRITTEN OR PUBLISHED law that imposes stricter limits on damages or entity engaged in businesses, services, ac- POLICY.—The absence of a written or pub- or liabilities for personal injury caused by, tivities, or accommodations shall be liable in lished policy shall not give rise to a pre- arising out of, or related to an act or omis- any coronavirus exposure action unless the sumption that the individual or entity did sion by a health care provider in the course plaintiff can prove by clear and convincing not make reasonable efforts in light of all of arranging for or providing coronavirus-re- evidence that— the circumstances to comply with the appli- lated health care services, or otherwise af- (1) in engaging in the businesses, services, cable government standards and guidance for fords greater protection to defendants in any activities, or accommodations, the indi- purposes of subsection (a)(1). coronavirus-related medical liability action vidual or entity was not making reasonable (3) TIMING.—For purposes of subsection than are provided in this part. Any such pro- efforts in light of all the circumstances to (a)(1), a change to a policy or practice by an vision of Federal, State, or Tribal law shall comply with the applicable government individual or entity before or after the ac- be applied in addition to the requirements of standards and guidance in effect at the time tual, alleged, feared, or potential for expo- this part and not in lieu thereof. of the actual, alleged, feared, or potential for sure to coronavirus, shall not be evidence of (3) ENFORCEMENT ACTIONS.—Nothing in this exposure to coronavirus; liability for the actual, alleged, feared, or part shall be construed to impair, limit, or (2) the individual or entity engaged in potential for exposure to coronavirus. affect the authority of the Federal Govern- gross negligence or willful misconduct that (c) THIRD PARTIES.—No individual or entity ment, or of any State, local, or Tribal gov- caused an actual exposure to coronavirus; shall be held liable in a coronavirus exposure ernment to bring any criminal, civil, or ad- and action for the acts or omissions of a third ministrative enforcement action against any (3) the actual exposure to coronavirus party, unless— health care provider. caused the personal injury of the plaintiff. (1) the individual or entity had an obliga- (4) DISCRIMINATION CLAIMS.—Nothing in (b) REASONABLE EFFORTS TO COMPLY.— tion under general common law principles to this part shall be construed to affect the ap- (1) CONFLICTING APPLICABLE GOVERNMENT control the acts or omissions of the third plicability of any provision of any Federal, STANDARDS AND GUIDANCE.— party; or State, or Tribal law that creates a cause of (A) IN GENERAL.—If more than 1 govern- (2) the third party was an agent of the indi- action for intentional discrimination on the ment to whose jurisdiction an individual or vidual or entity. basis of race, color, national origin, religion,

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sex (including pregnancy), disability, genetic (2) PROCEDURE AFTER REMOVAL.—Section (B) may not exceed the amount of compen- information, or age. 1447 of title 28, United States Code, shall satory damages awarded; and (5) PUBLIC READINESS AND EMERGENCY PRE- apply to any removal of a case under para- (3) the amount of monetary damages PAREDNESS.—Nothing in this part shall be graph (1), except that, notwithstanding sub- awarded to a plaintiff shall be reduced by the construed to affect the applicability of sec- section (d) of such section, a court of appeals amount of compensation received by the tion 319F–3 of the Public Health Service Act of the United States shall accept an appeal plaintiff from another source in connection (42 U.S.C. 247d–6d) to any act or omission in- from an order of a district court granting or with the personal injury, harm, damage, volving a covered countermeasure, as defined denying a motion to remand the case to the breach, or tort, such as insurance or reim- in subsection (i) of such section in arranging State or Tribal government court from bursement by a government. for or providing coronavirus-related health which it was removed if application is made (c) PREEMPTION AND SUPERSEDURE.— care services. Nothing in this part shall be to the court of appeals of the United States (1) IN GENERAL.—Except as described in construed to affect the applicability of sec- not later than 10 days after the entry of the paragraphs (2) and (3), this section preempts tion 319F–4 of the Public Health Service Act order. and supersedes any Federal, State, or Tribal law, including statutes, regulations, rules, (42 U.S.C. 247d–6e). SEC. 2162. LIMITATIONS ON SUITS. orders, proclamations, or standards that are (6) VACCINE INJURY.—To the extent that (a) JOINT AND SEVERAL LIABILITY LIMITA- enacted, promulgated, or established under title XXI of the Public Health Service Act TIONS.— common law, related to joint and several li- (42 U.S.C. 300aa–1 et seq.) establishes a Fed- (1) IN GENERAL.—An individual or entity ability, proportionate or contributory liabil- eral rule applicable to a civil action brought against whom a final judgment is entered in for a vaccine-related injury or death, this ity, contribution, or the award of damages any coronavirus-related action shall be lia- for any coronavirus-related action. part does not affect the application of that ble solely for the portion of the judgment (2) STRICTER LAWS NOT PREEMPTED OR SU- rule to such an action. that corresponds to the relative and propor- (c) STATUTE OF LIMITATIONS.—A PERSEDED.—Nothing in this section shall be tionate responsibility of that individual or construed to affect the applicability of any coronavirus-related medical liability action entity. In determining the percentage of re- may not be commenced in any Federal, provision of any Federal, State, or Tribal sponsibility of any defendant, the trier of law that— State, or Tribal government court later than fact shall determine that percentage as a 1 year after the date of the alleged harm, (A) limits the liability of a defendant in a percentage of the total fault of all individ- damage, breach, or tort, unless tolled for— coronavirus-related action to a lesser degree uals or entities, including the plaintiff, who (1) proof of fraud; of liability than the degree of liability deter- caused or contributed to the total loss in- (2) intentional concealment; or mined under this section; curred by the plaintiff. (3) the presence of a foreign body, which (B) otherwise affords a greater degree of (2) PROPORTIONATE LIABILITY.— has no therapeutic or diagnostic purpose or protection from joint or several liability (A) DETERMINATION OF RESPONSIBILITY.—In effect, in the person of the injured person. than is afforded by this section; or any coronavirus-related action, the court (C) limits the damages that can be recov- SEC. 2142. LIABILITY FOR HEALTH CARE PROFES- shall instruct the jury to answer special in- SIONALS AND HEALTH CARE FACILI- ered from a defendant in a coronavirus-re- TIES DURING CORONAVIRUS PUBLIC terrogatories, or, if there is no jury, the lated action to a lesser amount of damages HEALTH EMERGENCY. court shall make findings with respect to than the amount determined under this sec- (a) REQUIREMENTS FOR LIABILITY FOR each defendant, including defendants who tion. CORONAVIRUS-RELATED HEALTH CARE SERV- have entered into settlements with the (3) PUBLIC READINESS AND EMERGENCY PRE- ICES.—Notwithstanding any other provision plaintiff or plaintiffs, concerning the per- PAREDNESS.—Nothing in this part shall be of law, and except as provided in subsection centage of responsibility, if any, of each de- construed to affect the applicability of sec- (b), no health care provider shall be liable in fendant, measured as a percentage of the tion 319F–3 of the Public Health Service Act a coronavirus-related medical liability ac- total fault of all individuals or entities who (42 U.S.C. 247d–6d) to any act or omission in- tion unless the plaintiff can prove by clear caused or contributed to the loss incurred by volving a covered countermeasure, as defined and convincing evidence— the plaintiff. in subsection (i) of such section in arranging (1) gross negligence or willful misconduct (B) FACTORS FOR CONSIDERATION.—In deter- for or providing coronavirus-related health by the health care provider; and mining the percentage of responsibility care services. Nothing in this part shall be (2) that the alleged harm, damage, breach, under this subsection, the trier of fact shall construed to affect the applicability of sec- or tort resulting in the personal injury was consider— tion 319F–4 of the Public Health Service Act directly caused by the alleged gross neg- (i) the nature of the conduct of each indi- (42 U.S.C. 247d–6e). ligence or willful misconduct. vidual or entity found to have caused or con- SEC. 2163. PROCEDURES FOR SUIT IN DISTRICT (b) EXCEPTIONS.—For purposes of this sec- tributed to the loss incurred by the plaintiff; COURTS OF THE UNITED STATES. tion, acts, omissions, or decisions resulting and (a) PLEADING WITH PARTICULARITY.—In any from a resource or staffing shortage shall (ii) the nature and extent of the causal re- coronavirus-related action filed in or re- not be considered willful misconduct or gross lationship between the conduct of each such moved to a district court of the United negligence. individual or entity and the damages in- States— PART III—SUBSTANTIVE AND PROCE- curred by the plaintiff. (1) the complaint shall plead with particu- DURAL PROVISIONS FOR (3) JOINT LIABILITY FOR SPECIFIC INTENT OR larity— CORONAVIRUS-RELATED ACTIONS GEN- FRAUD.—Notwithstanding paragraph (1), in (A) each element of the plaintiff’s claim; ERALLY any coronavirus-related action the liability and SEC. 2161. JURISDICTION. of a defendant is joint and several if the trier (B) with respect to a coronavirus exposure (a) JURISDICTION.—The district courts of of fact specifically determines that the de- action, all places and persons visited by the the United States shall have concurrent fendant— person on whose behalf the complaint was original jurisdiction of any coronavirus-re- (A) acted with specific intent to injure the filed and all persons who visited the resi- lated action. plaintiff; or dence of the person on whose behalf the com- (b) REMOVAL.— (B) knowingly committed fraud. plaint was filed during the 14-day-period be- (1) IN GENERAL.—A coronavirus-related ac- (4) RIGHT TO CONTRIBUTION NOT AFFECTED.— fore the onset of the first symptoms alleg- tion of which the district courts of the Nothing in this subsection affects the right, edly caused by coronavirus, including— United States have original jurisdiction under any other law, of a defendant to con- (i) each individual or entity against which under subsection (a) that is brought in a tribution with respect to another defendant a complaint is filed, along with the factual State or Tribal government court may be re- determined under paragraph (3) to have basis for the belief that such individual or moved to a district court of the United acted with specific intent to injure the plain- entity was a cause of the personal injury al- States in accordance with section 1446 of tiff or to have knowingly committed fraud. leged; and title 28, United States Code, except that— (b) LIMITATIONS ON DAMAGES.—In any (ii) every other person or place visited by (A) notwithstanding subsection (b)(2)(A) of coronavirus-related action— the person on whose behalf the complaint such section, such action may be removed by (1) the award of compensatory damages was filed and every other person who visited any defendant without the consent of all de- shall be limited to economic losses incurred the residence of the person on whose behalf fendants; and as the result of the personal injury, harm, the complaint was filed during such period, (B) notwithstanding subsection (b)(1) of damage, breach, or tort, except that the along with the factual basis for the belief such section, for any cause of action that is court may award damages for noneconomic that these persons and places were not the a coronavirus-related action that was filed in losses if the trier of fact determines that the cause of the personal injury alleged; and a State court before the date of enactment of personal injury, harm, damage, breach, or (2) the complaint shall plead with particu- this Act and that is pending in such court on tort was caused by the willful misconduct of larity each alleged act or omission consti- such date of enactment, and of which the dis- the individual or entity; tuting gross negligence or willful mis- trict courts of the United States have origi- (2) punitive damages— conduct that resulted in personal injury, nal jurisdiction under subsection (a), any de- (A) may be awarded only if the trier of fact harm, damage, breach, or tort. fendant may file a notice of removal of a determines that the personal injury to the (b) SEPARATE STATEMENTS CONCERNING THE civil action or proceeding within 30 days of plaintiff was caused by the willful mis- NATURE AND AMOUNT OF DAMAGES AND RE- the date of enactment of this Act. conduct of the individual or entity; and QUIRED STATE OF MIND.—

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(1) NATURE AND AMOUNT OF DAMAGES.—In an interrogatory, a request for production of 28, United States Code, if the claim for which any coronavirus-related action filed in or re- documents, or any other form of discovery the letter was transmitted was meritless. moved to a district court of the United request) under rule 37 of the Federal Rules of (b) DAMAGES.—Damages available under States in which monetary damages are re- Civil Procedure, only if the court finds subsection (a) shall include— quested, there shall be filed with the com- that— (1) compensatory damages including costs plaint a statement of specific information as (i) the requesting party needs the informa- incurred in responding to the demand; and to the nature and amount of each element of tion sought to prove or defend as to a mate- (2) punitive damages, if the court deter- damages and the factual basis for the dam- rial issue contested in such action; and mines that the defendant had knowledge or ages calculation. (ii) the likely benefits of a response to such was reckless with regard to the fact that the (2) REQUIRED STATE OF MIND.—In any request equal or exceed the burden or cost claim was meritless. coronavirus-related action filed in or re- for the responding party of providing such (c) ATTORNEY’S FEES AND COSTS.—In an ac- moved to a district court of the United response. tion commenced under subsection (a), if the plaintiff is a prevailing party, the court States in which a claim is asserted on which (f) INTERLOCUTORY APPEAL AND STAY OF shall, in addition to any judgment awarded the plaintiff may prevail only on proof that DISCOVERY.—The courts of appeals of the the defendant acted with a particular state United States shall have jurisdiction of an to a plaintiff, allow a reasonable attorney’s fee to be paid by the defendant, and costs of of mind, there shall be filed with the com- appeal from a motion to dismiss that is de- the action. plaint, with respect to each element of that nied in any coronavirus-related action in a (d) JURISDICTION.—The district courts of claim, a statement of the facts giving rise to district court of the United States. The dis- a strong inference that the defendant acted the United States shall have concurrent trict court shall stay all discovery in such a original jurisdiction of all claims arising with the required state of mind. coronavirus-related action until the court of (c) VERIFICATION AND MEDICAL RECORDS.— under subsection (a). appeals has disposed of the appeal. (e) ENFORCEMENT BY THE ATTORNEY GEN- (1) VERIFICATION REQUIREMENT.— (g) CLASS ACTIONS AND MULTIDISTRICT LITI- ERAL.— (A) IN GENERAL.—The complaint in a GATION PROCEEDINGS.— (1) IN GENERAL.—Whenever the Attorney coronavirus-related action filed in or re- (1) CLASS ACTIONS.—In any coronavirus-re- General has reasonable cause to believe that moved to a district court of the United lated action that is filed in or removed to a any person or group of persons is engaged in States shall include a verification, made by district court of the United States and is a pattern or practice of transmitting de- affidavit of the plaintiff under oath, stating maintained as a class action or multidistrict mands for remuneration in exchange for set- that the pleading is true to the knowledge of litigation— tling, releasing, waiving, or otherwise not the deponent, except as to matters specifi- (A) an individual or entity shall only be a pursuing a claim that is, or could be, cally identified as being alleged on informa- member of the class if the individual or enti- brought as part of a coronavirus-related action and belief, and that as to those matters ty affirmatively elects to be a member; and tion and that is meritless, the Attorney Gen- the plaintiff believes it to be true. (B) the court, in addition to any other no- eral may commence a civil action in any ap- (B) IDENTIFICATION OF MATTERS ALLEGED tice required by applicable Federal or State propriate district court of the United States. UPON INFORMATION AND BELIEF.—Any matter law, shall direct notice of the action to each (2) RELIEF.—In a civil action under para- that is not specifically identified as being al- member of the class, which shall include— graph (1), the court may, to vindicate the leged upon the information and belief of the (i) a concise and clear description of the public interest, assess a civil penalty against plaintiff, shall be regarded for all purposes, nature of the action; the respondent in an amount not exceeding including a criminal prosecution, as having (ii) the jurisdiction where the case is pend- $50,000 per transmitted demand for remu- been made upon the knowledge of the plain- ing; and neration in exchange for settling, releasing, tiff. (iii) the fee arrangements with class coun- waiving or otherwise not pursuing a claim (2) MATERIALS REQUIRED.—In any sel, including— that is meritless. coronavirus-related action filed in or re- (I) the hourly fee being charged; or (3) DISTRIBUTION OF CIVIL PENALTIES.—If moved to a district court of the United (II) if it is a contingency fee, the percent- the Attorney General obtains civil penalties States, the plaintiff shall file with the com- age of the final award which will be paid, in- in accordance with paragraph (2), the Attor- plaint— cluding an estimate of the total amount that ney General shall distribute the proceeds eq- (A) an affidavit by a physician or other would be paid if the requested damages were uitably among those persons aggrieved by qualified medical expert who did not treat to be granted; and the respondent’s pattern or practice of trans- the person on whose behalf the complaint (III) if the cost of the litigation is being fi- mitting demands for remuneration in ex- was filed that explains the basis for such nanced, a description of the financing ar- change for settling, releasing, waiving or physician’s or other qualified medical ex- rangement. otherwise not pursuing a claim that is pert’s belief that such person suffered the (2) MULTIDISTRICT LITIGATIONS.— meritless. personal injury, harm, damage, breach, or (A) TRIAL PROHIBITION.—In any coordinated PART IV—RELATION TO LABOR AND tort alleged in the complaint; and or consolidated pretrial proceedings con- EMPLOYMENT LAWS (B) certified medical records documenting ducted pursuant to section 1407(b) of title 28, the alleged personal injury, harm, damage, SEC. 2181. LIMITATION ON VIOLATIONS UNDER United States Code, the judge or judges to SPECIFIC LAWS. breach, or tort. whom coronavirus-related actions are as- (d) APPLICATION WITH FEDERAL RULES OF (a) IN GENERAL.— signed by the Judicial Panel on Multidistrict (1) DEFINITION.—In this subsection, the CIVIL PROCEDURE.—This section applies ex- Litigation may not conduct a trial in a clusively to any coronavirus-related action term ‘‘covered Federal employment law’’ coronavirus-related action transferred to or filed in or removed to a district court of the means any of the following: directly filed in the proceedings unless all United States and, except to the extent that (A) The Occupational Safety and Health parties to that coronavirus-related action this section requires additional information Act of 1970 (29 U.S.C. 651 et seq.) (including consent. to be contained in or attached to pleadings, any standard included in a State plan ap- nothing in this section is intended to amend (B) REVIEW OF ORDERS.—The court of approved under section 18 of such Act (29 U.S.C. or otherwise supersede applicable rules of peals of the United States having jurisdic- 667)). Federal civil procedure. tion over the transferee district court shall (B) The Fair Labor Standards Act of 1938 (e) CIVIL DISCOVERY FOR ACTIONS IN DIS- permit an appeal to be taken from any order (29 U.S.C. 201 et seq.). TRICT COURTS OF THE UNITED STATES.— issued in the conduct of coordinated or con- (C) The Age Discrimination in Employ- (1) TIMING.—Notwithstanding any other solidated pretrial proceedings conducted pur- ment Act of 1967 (29 U.S.C. 621 et seq.). provision of law, in any coronavirus-related suant to section 1407(b) of title 28, United (D) The Worker Adjustment and Retrain- action filed in or removed to a district court States Code, if the order is applicable to 1 or ing Notification Act (29 U.S.C. 2101 et seq.). of the United States, no discovery shall be more coronavirus-related actions and an im- (E) Title VII of the Civil Rights Act of 1964 allowed before— mediate appeal from the order may materi- (42 U.S.C. 2000e et seq.). (A) the time has expired for the defendant ally advance the ultimate termination of 1 (F) Title II of the Genetic Information to answer or file a motion to dismiss; and or more coronavirus-related actions in the Nondiscrimination Act of 2008 (42 U.S.C. (B) if a motion to dismiss is filed, the court proceedings. 2000ff et seq.). has ruled on the motion. SEC. 2164. DEMAND LETTERS; CAUSE OF ACTION. (G) Title I of the Americans with Disabil- (2) STANDARD.—Notwithstanding any other (a) CAUSE OF ACTION.—If any person trans- ities Act of 1990 (42 U.S.C. 12111 et seq.). provision of law, the court in any mits or causes another to transmit in any (2) LIMITATION.—Notwithstanding any pro- coronavirus-related action that is filed in or form and by any means a demand for remu- vision of a covered Federal employment law, removed to a district court of the United neration in exchange for settling, releasing, in any action, proceeding, or investigation States— waiving, or otherwise not pursuing a claim resulting from or related to an actual, al- (A) shall permit discovery only with re- that is, or could be, brought as part of a leged, feared, or potential for exposure to spect to matters directly related to material coronavirus-related action, the party receiv- coronavirus, or a change in working condi- issues contested in the coronavirus-related ing such a demand shall have a cause of actions caused by a law, rule, declaration, or action; and tion for the recovery of damages occasioned order related to coronavirus, an employer (B) may compel a response to a discovery by such demand and for declaratory judg- shall not be subject to any enforcement pro- request (including a request for admission, ment in accordance with chapter 151 of title ceeding or liability under any provision of a

VerDate Sep 11 2014 08:13 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A30SE6.061 S30SEPT1 SSpencer on DSK126QN23PROD with SENATE September 30, 2020 CONGRESSIONAL RECORD — SENATE S5959 covered Federal employment law if the em- those personal injuries caused by the gross (1) in subparagraph (C), by striking ‘‘; or’’ ployer— negligence or intentional misconduct of the and inserting a semicolon; (A) was relying on and generally following employer or other person. (2) in subparagraph (D), by striking the pe- applicable government standards and guid- SEC. 2183. JOINT EMPLOYMENT AND INDE- riod and inserting ‘‘; or’’; and ance; PENDENT CONTRACTING. (3) by adding at the end the following: (B) knew of the obligation under the rel- Notwithstanding any other provision of ‘‘(E) a drug (as such term is defined in sec- evant provision; and Federal or State law, including any covered tion 201(g)(1) of the Federal Food, Drug, and (C) attempted to satisfy any such obliga- Federal employment law (as defined in sec- Cosmetic Act), biological product (including tion by— tion 2181(a)), the Labor Management Rela- a vaccine) (as such term is defined in section (i) exploring options to comply with such tions Act, 1947 (29 U.S.C. 141 et seq.), the Em- 351(i)), or device (as such term is defined in obligations and with the applicable govern- ployment Retirement Income Security Act section 201(h) of the Federal Food, Drug, and ment standards and guidance (such as of 1974 (29 U.S.C. 1001 et seq.), and the Family Cosmetic Act) that— through the use of virtual training or remote and Medical Leave Act of 1993 (29 U.S.C. 2601 ‘‘(i) is the subject of a notice of use of en- communication strategies); et seq.), it shall not constitute evidence of a forcement discretion issued by the Secretary (ii) implementing interim alternative pro- joint employment relationship or employ- if such drug, biological product, or device is tections or procedures; or ment relationship for any employer to pro- used— (iii) following guidance issued by the rel- vide or require, for an employee of another ‘‘(I) when such notice is in effect; evant agency with jurisdiction with respect employer or for an independent contractor, ‘‘(II) within the scope of such notice; and to any exemptions from such obligation. any of the following: ‘‘(III) in compliance with other applicable (b) PUBLIC ACCOMMODATION LAWS.— (1) Coronavirus-related policies, proce- requirements of the Federal Food, Drug, and (1) DEFINITIONS.—In this subsection— dures, or training. Cosmetic Act that are not the subject of (A) the term ‘‘auxiliary aids and services’’ (2) Personal protective equipment or train- such notice; has the meaning given the term in section 4 ing for the use of such equipment. ‘‘(ii) in the case of a device, is exempt from of the Americans with Disabilities Act of (3) Cleaning or disinfecting services or the the requirement under section 510(k) of the 1990 (42 U.S.C. 12103); means for such cleaning or disinfecting. Federal Food, Drug, and Cosmetic Act; or (B) the term ‘‘covered public accommoda- (4) Workplace testing for coronavirus. ‘‘(iii) in the case of a drug— tion law’’ means— (5) Temporary assistance due to ‘‘(I) meets the requirements for marketing (i) title III of the Americans with Disabil- coronavirus, including financial assistance under a final administrative order under sec- ities Act of 1990 (42 U.S.C. 12181 et seq.); or or other health and safety benefits. tion 505G of the Federal Food, Drug, and Cos- (ii) title II of the Civil Rights Act of 1964 SEC. 2184. EXCLUSION OF CERTAIN NOTIFICA- metic Act; or (42 U.S.C. 2000a et seq.); TION REQUIREMENTS AS A RESULT ‘‘(II) is marketed in accordance with sec- (C) the term ‘‘place of public accommoda- OF THE COVID–19 PUBLIC HEALTH tion 505G(a)(3) of such Act.’’. tion’’ means— EMERGENCY. (b) CLARIFYING MEANS OF DISTRIBUTION.— (i) a place of public accommodation, as de- (a) DEFINITIONS.—Section 2(a) of the Work- Section 319F–3(a)(5) of the Public Health fined in section 201 of the Civil Rights Act of er Adjustment and Retraining Notification Service Act (42 U.S.C. 247d–6d(a)(5)) is 1964 (42 U.S.C. 2000a); or Act (29 U.S.C. 2101(a)) is amended— amended by inserting ‘‘by, or in partnership (ii) a public accommodation, as defined in (1) in paragraph (2), by adding before the with, Federal, State, or local public health section 301 of the Americans with Disabil- semicolon at the end the following: ‘‘and the officials or the private sector’’ after ‘‘dis- ities Act of 1990 (42 U.S.C. 12181); and shutdown, if occurring during the covered tribution’’ the first place it appears. (D) the term ‘‘public health emergency pe- period, is not a result of the COVID–19 na- (c) NO CHANGE TO ADMINISTRATIVE PROCE- riod’’ means a period designated a public tional emergency’’; DURE ACT APPLICATION TO ENFORCEMENT DIS- health emergency period by a Federal, State, (2) in paragraph (3)— CRETION EXERCISE.—Section 319F–3 of the or local government authority. (A) in subparagraph (A), by striking ‘‘and’’ Public Health Service Act (42 U.S.C. 247d–6d) (2) ACTIONS AND MEASURES DURING A PUBLIC at the end; is amended by adding at the end the fol- HEALTH EMERGENCY.— (B) in subparagraph (B), by adding ‘‘and’’ lowing: (A) IN GENERAL.—Notwithstanding any at the end; and ‘‘(j) RULE OF CONSTRUCTION.—Nothing in other provision of law or regulation, during (C) by adding at the end the following: this section shall be construed— any public health emergency period, no per- ‘‘(C) if occurring during the covered period, ‘‘(1) to require use of procedures described son who owns, leases (or leases to), or oper- is not a result of the COVID–19 national in section 553 of title 5, United States Code, ates a place of public accommodation shall emergency;’’; for a notice of use of enforcement discretion be liable under, or found in violation of, any (3) in paragraph (7), by striking ‘‘and’’; for which such procedures are not otherwise covered public accommodation law for any (4) in paragraph (8), by striking the period required; or action or measure taken regarding at the end and inserting a semicolon; and ‘‘(2) to affect whether such notice con- coronavirus and that place of public accom- (5) by adding at the end the following: stitutes final agency action within the modation, if such person— ‘‘(9) the term ‘covered period’ means the meaning of section 704 of title 5, United (i) has determined that the significant risk period that— States Code.’’. of substantial harm to public health or the ‘‘(A) begins on January 1, 2020; and health of employees cannot be reduced or ‘‘(B) ends 90 days after the last date of the Subtitle C—General Provisions eliminated by reasonably modifying policies, COVID–19 national emergency; and SEC. 2301. SEVERABILITY. practices, or procedures, or the provision of ‘‘(10) the term ‘COVID–19 national emer- If any provision of this title, an amend- an auxiliary aid or service; or gency’ means the national emergency de- ment made by this title, or the application (ii) has offered such a reasonable modifica- clared by the President under the National of such a provision or amendment to any tion or auxiliary aid or service but such offer Emergencies Act (50 U.S.C. 1601 et seq.) with person or circumstance is held to be uncon- has been rejected by the individual protected respect to the Coronavirus Disease 2019 stitutional, the remaining provisions of and by the covered law. (COVID–19).’’. amendments made by this title, as well as (B) REQUIRED WAIVER PROHIBITED.—For pur- (b) EXCLUSION FROM DEFINITION OF EMPLOY- the application of such provision or amend- poses of this subsection, no person who owns, MENT LOSS.—Section 2(b) of the Worker Ad- ment to any person other than the parties to leases (or leases to), or operates a place of justment and Retraining Notification Act (29 the action holding the provision or amend- public accommodation shall be required to U.S.C. 2101(b)) is amended by adding at the ment to be unconstitutional, or to any cir- waive any measure, requirement, or rec- end the following: cumstances other than those presented in ommendation that has been adopted in ac- ‘‘(3) Notwithstanding subsection (a)(6), dur- such action, shall not be affected thereby. ing the covered period an employee may not cordance with a requirement or rec- TITLE III—ASSISTANCE FOR AMERICAN be considered to have experienced an em- ommendation issued by the Federal Govern- FAMILIES ment or any State or local government with ployment loss if the termination, layoff ex- regard to coronavirus, in order to offer such ceeding 6 months, or reduction in hours of SEC. 3001. SHORT TITLE. a reasonable modification or auxiliary aids work of more than 50 percent during each This title may be cited as the ‘‘Continued and services. month of any 6-month period involved is a Financial Relief to Americans Act of 2020’’. SEC. 2182. LIABILITY FOR CONDUCTING TESTING result of the COVID–19 national emer- SEC. 3002. EXTENSION OF THE FEDERAL PAN- AT WORKPLACE. gency.’’. DEMIC UNEMPLOYMENT COMPENSA- Notwithstanding any other provision of Subtitle B—Products TION PROGRAM. (a) EXTENSION.—Section 2104(e)(2) of divi- Federal, State, or local law, an employer, or SEC. 2201. APPLICABILITY OF THE TARGETED LI- other person who hires or contracts with ABILITY PROTECTIONS FOR PAN- sion A of the CARES Act (15 U.S.C. 9023(e)(2)) other individuals to provide services, that DEMIC AND EPIDEMIC PRODUCTS is amended by striking ‘‘July 31, 2020’’ and conducts tests for coronavirus on the em- AND SECURITY COUNTERMEASURES inserting ‘‘December 27, 2020’’. ployees of the employer or persons hired or WITH RESPECT TO COVID–19. (b) AMOUNT.— contracted to provide services shall not be (a) IN GENERAL.—Section 319F–3(i)(1) of the (1) IN GENERAL.—Section 2104(b) of division liable for any action or personal injury di- Public Health Service Act (42 U.S.C. 247d– A of the CARES Act (15 U.S.C. 9023(b)) is rectly resulting from such testing, except for 6d(i)(1)) is amended— amended—

VerDate Sep 11 2014 08:13 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\A30SE6.061 S30SEPT1 SSpencer on DSK126QN23PROD with SENATE S5960 CONGRESSIONAL RECORD — SENATE September 30, 2020 (A) in paragraph (1)(B), by striking ‘‘of ‘‘(XI) covered worker protection expendi- trator in consultation with the Secretary of $600’’ and inserting ‘‘equal to the amount tures, as defined in such section 1106(a).’’. Health and Human Services and the Sec- specified in paragraph (3)’’; and (2) LOAN FORGIVENESS.—Section 1106 of the retary of Labor; and (B) by adding at the end the following new CARES Act (15 U.S.C. 9005) is amended— ‘‘(C) does not include residential real prop- paragraph: (A) in subsection (a)— erty or intangible property;’’; and ‘‘(3) AMOUNT OF FEDERAL PANDEMIC UNEM- (i) by redesignating paragraphs (6), (7), and (ix) in paragraph (11), as so redesignated— PLOYMENT COMPENSATION.—The amount spec- (8) as paragraphs (10), (11), and (12), respec- (I) in subparagraph (C), by striking ‘‘and’’ ified in this paragraph is the following tively; at the end; amount: (ii) by redesignating paragraph (5) as para- (II) in subparagraph (D), by striking ‘‘and’’ ‘‘(A) For weeks of unemployment begin- graph (8); at the end; and ning after the date on which an agreement is (iii) by redesignating paragraph (4) as para- (III) by adding at the end the following: entered into under this section and ending graph (6); ‘‘(E) covered operations expenditures; on or before July 31, 2020, $600. (iv) by redesignating paragraph (3) as para- ‘‘(F) covered property damage costs; ‘‘(B) For weeks of unemployment begin- graph (4); ‘‘(G) covered supplier costs; and ning after the last week under subparagraph (v) by inserting after paragraph (2) the fol- ‘‘(H) covered worker protection expendi- (A) and ending on or before December 27, lowing: tures; and’’; 2020, $300.’’. ‘‘(3) the term ‘covered operations expendi- (B) in subsection (b), by adding at the end (2) TECHNICAL AMENDMENT REGARDING AP- ture’ means a payment for any business soft- the following: PLICATION TO SHORT-TIME COMPENSATION PRO- ware or cloud computing service that facili- ‘‘(5) Any covered operations expenditure. GRAMS AND AGREEMENTS.—Section 2104(i)(2) tates business operations, product or service ‘‘(6) Any covered property damage cost. of division A of the CARES Act (15 U.S.C. delivery, the processing, payment, or track- ‘‘(7) Any covered supplier cost. 9023(i)(2)) is amended— ing of payroll expenses, human resources, ‘‘(8) Any covered worker protection ex- (A) in subparagraph (C), by striking ‘‘and’’ sales and billing functions, or accounting or penditure.’’; at the end; tracking of supplies, inventory, records and (C) in subsection (d)(8), by inserting ‘‘any (B) in subparagraph (D), by striking the pe- expenses;’’; payment on any covered operations expendi- riod at the end and inserting ‘‘; and’’; and (vi) by inserting after paragraph (4), as so ture, any payment on any covered property (C) by adding at the end the following: redesignated, the following: damage cost, any payment on any covered ‘‘(E) short-time compensation under sec- ‘‘(5) the term ‘covered property damage supplier cost, any payment on any covered tion 2108 or 2109.’’. cost’ means a cost related to property dam- worker protection expenditure,’’ after ‘‘rent (c) EXTENSION OF ENHANCED BENEFITS age and vandalism or looting due to public obligation,’’; and UNDER THE RAILROAD UNEMPLOYMENT INSUR- disturbances that occurred during 2020 that (D) in subsection (e)— ANCE ACT.—Section 2(a)(5)(A) of the Railroad was not covered by insurance or other com- (i) in paragraph (2), by inserting ‘‘pay- Unemployment Insurance Act (45 U.S.C. pensation;’’; ments on covered operations expenditures, 352(a)(5)(A)) is amended by inserting after (vii) by inserting after paragraph (6), as so payments on covered property damage costs, the first sentence the following new sen- redesignated, the following: payments on covered supplier costs, pay- tence: ‘‘Notwithstanding paragraph (3), sub- ‘‘(5) the term ‘covered supplier cost’ means ments on covered worker protection expendi- section (c)(1)(B), and any other limitation on an expenditure made by an entity to a sup- tures,’’ after ‘‘lease obligations,’’; and total benefits in this Act, for registration pe- plier of goods pursuant to a contract in ef- (ii) in paragraph (3)(B), by inserting ‘‘make riods beginning after July 31, 2020, but on or fect before February 15, 2020 for the supply of payments on covered operations expendi- before December 27, 2020, a recovery benefit goods that are essential to the operations of tures, make payments on covered property in the amount of $600 shall be payable with the entity at the time at which the expendi- damage costs, make payments on covered respect to a qualified employee for a period ture is made;’’; supplier costs, make payments on covered in which the individual received unemploy- (viii) by inserting after paragraph (8), as so worker protection expenditures,’’ after ‘‘rent ment benefits under paragraph (1)(A).’’. redesignated, the following: obligation,’’. (d) EFFECTIVE DATE.—The amendments ‘‘(9) the term ‘covered worker protection (e) LENDER SAFE HARBOR.—Subsection (h) made by this section shall take effect as if expenditure’— of section 1106 of the CARES Act (15 U.S.C. included in the enactment of the CARES Act ‘‘(A) means an operating or a capital ex- 9005) is amended to read as follows: (15 U.S.C. 9001 note). penditure that is required to facilitate the ‘‘(h) HOLD HARMLESS.— TITLE IV—SMALL BUSINESS PROGRAMS adaptation of the business activities of an ‘‘(1) IN GENERAL.—A lender may rely on SEC. 4001. SMALL BUSINESS RECOVERY. entity to comply with requirements estab- any certification or documentation sub- (a) SHORT TITLE.—This section may be lished or guidance issued by the Department mitted by an applicant for a covered loan or cited as the ‘‘Continuing the Paycheck Pro- of Health and Human Services, the Centers an eligible recipient of a covered loan that— tection Program Act’’. for Disease Control, or the Occupational ‘‘(A) is submitted pursuant to any statu- (b) DEFINITIONS.—In this section: Safety and Health Administration during the tory requirement relating to covered loans (1) ADMINISTRATION; ADMINISTRATOR.—The period beginning on March 1, 2020 and ending or any rule or guidance issued to carry out terms ‘‘Administration’’ and ‘‘Adminis- December 31, 2020 related to the maintenance any action relating to covered loans; and trator’’ mean the Small Business Adminis- of standards for sanitation, social ‘‘(B) attests that the applicant or eligible tration and the Administrator thereof, re- distancing, or any other worker or customer recipient, as applicable, has accurately spectively. safety requirement related to COVID–19; verified any certification or documentation (2) SMALL BUSINESS CONCERN.—The term ‘‘(B) may include— provided to the lender. ‘‘small business concern’’ has the meaning ‘‘(i) the purchase, maintenance, or renova- ‘‘(2) NO ENFORCEMENT ACTION.—With re- given the term in section 3 of the Small tion of assets that create or expand— spect to a lender that relies on a certifi- Business Act (15 U.S.C. 632). ‘‘(I) a drive-through window facility; cation or documentation described in para- (c) EMERGENCY RULEMAKING AUTHORITY.— ‘‘(II) an indoor, outdoor, or combined air or graph (1)— Not later than 30 days after the date of en- air pressure ventilation or filtration system; ‘‘(A) an enforcement action may not be actment of this Act, the Administrator shall ‘‘(III) a physical barrier such as a sneeze taken against the lender acting in good faith issue regulations to carry out this section guard; relating to origination or forgiveness of a and the amendments made by this section ‘‘(IV) an indoor, outdoor, or combined com- covered loan based on such reliance; and without regard to the notice requirements mercial real property; ‘‘(B) the lender acting in good faith shall under section 553(b) of title 5, United States ‘‘(V) an onsite or offsite health screening not be subject to any penalties relating to Code. capability; or origination or forgiveness of a covered loan (d) ADDITIONAL ELIGIBLE EXPENSES.— ‘‘(VI) other assets relating to the compli- based on such reliance.’’. (1) ALLOWABLE USE OF PPP LOAN.—Section ance with the requirements or guidance de- (f) SELECTION OF COVERED PERIOD FOR FOR- 7(a)(36)(F)(i) of the Small Business Act (15 scribed in subparagraph (A), as determined GIVENESS.—Section 1106 of the CARES Act U.S.C. 636(a)(36)(F)(i)) is amended— by the Administrator in consultation with (15 U.S.C. 9005) is amended— (A) in subclause (VI), by striking ‘‘and’’ at the Secretary of Health and Human Services (1) by amending paragraph (4) of subsection the end; and the Secretary of Labor; and (a), as so redesignated by subsection (d) of (B) in subclause (VII), by striking the pe- ‘‘(ii) the purchase of— this section, to read as follows: riod at the end and inserting a semicolon; ‘‘(I) covered materials described in section ‘‘(4) the term ‘covered period’ means the and 328.103(a) of title 44, Code of Federal Regula- period— (C) by adding at the end the following: tions, or any successor regulation; ‘‘(A) beginning on the date of the origina- ‘‘(VIII) covered operations expenditures, as ‘‘(II) particulate filtering facepiece res- tion of a covered loan; and defined in section 1106(a) of the CARES Act pirators approved by the National Institute ‘‘(B) ending on a date selected by the eligi- (15 U.S.C. 9005(a)); for Occupational Safety and Health, includ- ble recipient of the covered loan that occurs ‘‘(IX) covered property damage costs, as ing those approved only for emergency use during the period— defined in such section 1106(a); authorization; or ‘‘(i) beginning on the date that is 8 weeks ‘‘(X) covered supplier costs, as defined in ‘‘(III) other kinds of personal protective after such date of origination; and such section 1106(a); and equipment, as determined by the Adminis- ‘‘(ii) ending on December 31, 2020;’’; and

VerDate Sep 11 2014 08:13 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A30SE6.061 S30SEPT1 SSpencer on DSK126QN23PROD with SENATE September 30, 2020 CONGRESSIONAL RECORD — SENATE S5961 (2) by striking subsection (l). year period following submission of the ap- entity’ shall be substituted for ‘eligible re- (g) SIMPLIFIED APPLICATION.—Section 1106 plication; and cipient’ each place it appears in the defini- of the CARES Act (15 U.S.C. 9005), as amend- ‘‘(bb) all other supporting documentation tions of those terms; ed by subsection (f) of this section, is amend- relevant to the application for loan forgive- ‘‘(ii) the term ‘covered loan’ means a loan ed— ness for the 3-year period following submis- made under this paragraph; (1) in subsection (e), in the matter pre- sion of the application; and ‘‘(iii) the terms ‘covered mortgage obliga- ceding paragraph (1), by striking ‘‘An eligi- ‘‘(III) may complete and submit any form tion’, ‘covered operating expenditure’, ‘cov- ble’’ and inserting ‘‘Except as provided in related to borrower demographic informa- ered property damage cost’, ‘covered rent ob- subsection (l), an eligible’’; tion; ligation’, ‘covered supplier cost’, ‘covered (2) in subsection (f), by inserting ‘‘or the ‘‘(ii) review by the lender of an application utility payment’, and ‘covered worker pro- information required under subsection (l), as submitted by the eligible recipient for loan tection expenditure’ have the meanings applicable’’ after ‘‘subsection (e)’’; and forgiveness under this section shall be lim- given those terms in section 1106(a) of the (3) by adding at the end the following: ited to whether the lender received a com- CARES Act (15 U.S.C. 9005(a)); ‘‘(l) SIMPLIFIED APPLICATION.— plete application, with all fields completed, ‘‘(iv) the term ‘covered period’ means the ‘‘(1) COVERED LOANS UNDER $150,000.— initialed, or signed, as applicable; and period beginning on the date of the origina- ‘‘(A) IN GENERAL.—Notwithstanding sub- ‘‘(iii) the lender shall— tion of a covered loan and ending on Decem- section (e), with respect to a covered loan ‘‘(I) accept the application submitted by ber 31, 2020; made to an eligible recipient that is not the eligible recipient for loan forgiveness ‘‘(v) the term ‘eligible entity’— more than $150,000, the covered loan amount under this section; and ‘‘(I) means any business concern, nonprofit shall be forgiven under this section if the eli- ‘‘(II) submit the application to the Admin- organization, veterans organization, Tribal gible recipient— istrator. business concern, eligible self-employed indi- ‘‘(i) signs and submits to the lender a one- ‘‘(B) AUDIT.—The Administrator may— vidual, sole proprietor, independent con- page online or paper form, to be established ‘‘(i) review and audit covered loans de- tractor, or small agricultural cooperative by the Administrator not later than 7 days scribed in subparagraph (A); and that— after the date of enactment of the Con- ‘‘(ii) in the case of fraud, ineligibility, or ‘‘(aa)(AA) with respect to a business continuing the Paycheck Protection Program other material noncompliance with applica- cern, would qualify as a small business con- Act, that— ble loan or loan forgiveness requirements, cern by the annual receipts size standard (if ‘‘(I) reports the amount of the covered loan modify— applicable) established by section 121.201 of amount spent by the eligible recipient— ‘‘(I) the amount of a covered loan described title 13, Code of Federal Regulations, or any ‘‘(aa) on payroll costs; and in subparagraph (A); or successor regulation; or ‘‘(bb) on the sum of— ‘‘(II) the loan forgiveness amount with re- ‘‘(BB) if the entity does not qualify as a ‘‘(AA) payments of interest on any covered spect to a covered loan described in subpara- small business concern, meets the alter- mortgage obligation (which shall not include graph (A). native size standard established under sec- any prepayment of or payment of principal ‘‘(3) AUDIT PLAN.— tion 3(a)(5); on a covered mortgage obligation); ‘‘(A) IN GENERAL.—Not later than 30 days ‘‘(bb) employs not more than 300 employ- ‘‘(BB) payments on any covered rent obli- after the date of enactment of the Con- ees; and gation; tinuing the Paycheck Protection Program ‘‘(cc)(AA) except as provided in subitems ‘‘(CC) covered utility payments; Act, the Administrator shall submit to the (BB), (CC), and (DD), had gross receipts dur- ‘‘(DD) covered operations expenditures; Committee on Small Business and Entrepre- ing the first or second quarter in 2020 that ‘‘(EE) covered property damage costs; neurship of the Senate and the Committee are not less than 35 percent less than the ‘‘(FF) covered supplier costs; and on Small Business of the House of Represent- gross receipts of the entity during the same ‘‘(GG) covered worker protection expendi- atives an audit plan that details— quarter in 2019; tures; and ‘‘(i) the policies and procedures of the Ad- ‘‘(BB) if the entity was not in business dur- ‘‘(II) attests that the eligible recipient ministrator for conducting reviews and au- ing the first or second quarter of 2019, but made a good faith effort to comply with the dits of covered loans; and was in business during the third and fourth requirements under section 7(a)(36) of the ‘‘(ii) the metrics that the Administrator quarter of 2019, had gross receipts during the Small Business Act (15 U.S.C. 636(a)(36)); and shall use to determine which covered loans first or second quarter of 2020 that are less ‘‘(ii) retains records relevant to the form will be audited for each category of covered than 35 percent of the amount of the gross that prove compliance with those require- loans described in paragraphs (1) and (2). receipts of the entity during the third or ments— ‘‘(B) REPORTS.—Not later than 30 days fourth quarter of 2019; ‘‘(I) with respect to employment records, after the date on which the Administrator ‘‘(CC) if the entity was not in business dur- for the 4-year period following submission of submits the audit plan required under sub- ing the first, second, or third quarter of 2019, the form; and paragraph (A), and each month thereafter, but was in business during the fourth quarter ‘‘(II) with respect to other records, for the the Administrator shall submit to the Com- of 2019, had gross receipts during the first or 3-year period following submission of the mittee on Small Business and Entrepreneur- second quarter of 2020 that are less than 35 form. ship of the Senate and the Committee on percent of the amount of the gross receipts ‘‘(B) DEMOGRAPHIC INFORMATION.—An eligi- Small Business of the House of Representa- of the entity during the fourth quarter of ble recipient of a covered loan described in tives a report on the review and audit activi- 2019; or subparagraph (A) may complete and submit ties of the Administrator under this sub- ‘‘(DD) if the entity was not in business dur- any form related to borrower demographic section, which shall include— ing 2019, but was in operation on February information. ‘‘(i) the number of active reviews and au- 15, 2020, had gross receipts during the second ‘‘(C) AUDIT.—The Administrator may— dits; quarter of 2020 that are less than 35 percent ‘‘(i) review and audit covered loans de- ‘‘(ii) the number of reviews and audits that of the amount of the gross receipts of the en- scribed in subparagraph (A); and have been ongoing for more than 60 days; and tity during the first quarter of 2020; ‘‘(ii) in the case of fraud, ineligibility, or ‘‘(iii) any substantial changes made to the ‘‘(II) includes an organization described in other material noncompliance with applica- audit plan submitted under subparagraph subparagraph (D)(vii) of paragraph (36) that ble loan or loan forgiveness requirements, (A).’’. is eligible to receive a loan under that para- modify— (h) GROUP INSURANCE PAYMENTS AS PAY- graph and that meets the requirements de- ‘‘(I) the amount of a covered loan described ROLL COSTS.—Section scribed in items (aa) and (cc) of subclause (I); in subparagraph (A); or 7(a)(36)(A)(viii)(I)(aa)(EE) of the Small Busi- and ‘‘(II) the loan forgiveness amount with re- ness Act (15 U.S.C. ‘‘(III) does not include— spect to a covered loan described in subpara- 636(a)(36)(A)(viii)(I)(aa)(EE)) is amended by ‘‘(aa) an issuer, the securities of which are graph (A). inserting ‘‘and other group insurance’’ before listed on an exchange registered a national ‘‘(2) COVERED LOANS BETWEEN $150,000 AND ‘‘benefits’’. securities exchange under section 6 of the $2,000,000.— (i) PAYCHECK PROTECTION PROGRAM SECOND Securities Exchange Act of 1934 (15 U.S.C. ‘‘(A) IN GENERAL.—Notwithstanding sub- DRAW LOANS.—Section 7(a) of the Small 78f); section (e), with respect to a covered loan Business Act (15 U.S.C. 636(a)) is amended by ‘‘(bb) any entity that— made to an eligible recipient that is more adding at the end the following: ‘‘(AA) is a type of business concern de- than $150,000 and not more than $2,000,000— ‘‘(37) PAYCHECK PROTECTION PROGRAM SEC- scribed in subsection (b), (c), (d), (e), (f), (h), ‘‘(i) the eligible recipient seeking loan for- OND DRAW LOANS.— (l) (m), (p), (q), (r), or (s) of section 120.110 of giveness under this section— ‘‘(A) DEFINITIONS.—In this paragraph— title 13, Code of Federal Regulations, or any ‘‘(I) is not required to submit the sup- ‘‘(i) the terms ‘community financial insti- successor regulation; porting documentation described in para- tutions’, ‘credit union’, ‘eligible self-em- ‘‘(BB) is a type of business concern de- graph (1) or (2) of subsection (e) or the cer- ployed individual’, ‘insured depository insti- scribed in section 120.110(g) of title 13, Code tification described in subsection (e)(3)(A); tution’, ‘nonprofit organization’, ‘payroll of Federal Regulations, or any successor reg- ‘‘(II) shall retain— costs’, ‘seasonal employer’, and ‘veterans or- ulation, except as otherwise provided in the ‘‘(aa) all employment records relevant to ganization’ have the meanings given those interim final rule of the Administration en- the application for loan forgiveness for the 4- terms in paragraph (36), except that ‘eligible titled ‘Business Loan Program Temporary

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Changes; Paycheck Protection Program—Ad- ‘‘(i) IN GENERAL.—Except as otherwise pro- Regulations, or any successor regulation, ditional Eligibility Criteria and Require- vided in this subparagraph, the maximum shall not apply to a covered loan. ments for Certain Pledges of Loans’ (85 Fed. amount of a covered loan made to an eligible ‘‘(G) GROSS RECEIPTS FOR NONPROFIT AND Reg. 21747 (April 20, 2020)); entity is the lesser of— VETERANS ORGANIZATIONS.—For purposes of ‘‘(CC) is a type of business concern de- ‘‘(I) the product obtained by multiplying— calculating gross receipts under subpara- scribed in section 120.110(i) of title 13, Code of ‘‘(aa) at the election of the eligible entity, graph (A)(v)(I)(cc) for an eligible entity that Federal Regulations, or any successor regu- the average total monthly payment for pay- is a nonprofit organization, a veterans orga- lation, except if the business concern is an roll costs incurred or paid by the eligible en- nization, or an organization described in sub- organization described in paragraph tity during— paragraph (A)(v)(II), gross receipts— (36)(D)(vii); ‘‘(AA) the 1-year period before the date on ‘‘(i) shall include proceeds from fund- ‘‘(DD) is a type of business concern de- which the loan is made; or raising events, federated campaigns, gifts, scribed in section 120.110(j) of title 13, Code of ‘‘(BB) calendar year 2019; by donor-advised funds, and funds from similar Federal Regulations, or any successor regu- ‘‘(bb) 2.5; or sources; and lation, except as otherwise provided in the ‘‘(II) $2,000,000. ‘‘(ii) shall not include— interim final rules of the Administration en- ‘‘(ii) SEASONAL EMPLOYERS.—The maximum ‘‘(I) Federal grants (excluding any loan for- titled ‘Business Loan Program Temporary amount of a covered loan made to an eligible giveness on loans received under paragraph Changes; Paycheck Protection Program— entity that is a seasonal employer is the (36) or this paragraph); Eligibility of Certain Electric Cooperatives’ lesser of— ‘‘(II) revenues from a supporting organiza- (85 Fed. Reg. 29847 (May 19, 2020)) and ‘Busi- ‘‘(I) the product obtained by multiplying— tion; ness Loan Program Temporary Changes; ‘‘(aa) at the election of the eligible entity, ‘‘(III) grants from private foundations that Paycheck Protection Program—Eligibility the average total monthly payments for pay- are disbursed over the course of more than 1 of Certain Telephone Cooperatives’ (85 Fed. roll costs incurred or paid by the eligible en- calendar year; or Reg. 35550 (June 11, 2020)) or any other guid- tity— ‘‘(IV) any contribution of property other ance or rule issued or that may be issued by ‘‘(AA) for a 12-week period beginning Feb- than money, stocks, bonds, and other securi- the Administrator; ruary 15, 2019 or March 1, 2019 and ending ties, provided that the non-cash contribution ‘‘(EE) is a type of business concern described in section 120.110(n) of title 13, Code June 30, 2019; or is not sold by the organization in a trans- of Federal Regulations, or any successor reg- ‘‘(BB) for a consecutive 12-week period be- action unrelated to the tax-exempt purpose ulation, except as otherwise provided in the tween May 1, 2019 and September 15, 2019; by of the organization. interim final rule of the Administration en- ‘‘(bb) 2.5; or ‘‘(H) LOAN FORGIVENESS.— titled ‘Business Loan Program Temporary ‘‘(II) $2,000,000. ‘‘(i) IN GENERAL.—Except as otherwise pro- Changes; Paycheck Protection Program—Ad- ‘‘(iii) NEW ENTITIES.—The maximum vided in this subparagraph, an eligible entity ditional Eligibility Revisions to First In- amount of a covered loan made to an eligible shall be eligible for forgiveness of indebted- terim Final Rule’ (85 Fed. Reg. 38301 (June entity that did not exist during the 1-year ness on a covered loan in the same manner 26, 2020)) or any other guidance or rule issued period preceding February 15, 2020 is the less- as an eligible recipient with respect to a loan or that may be issued by the Administrator; er of— made under paragraph (36), as described in ‘‘(FF) is a type of business concern de- ‘‘(I) the product obtained by multiplying— section 1106 of the CARES Act (15 U.S.C. scribed in section 120.110(o) of title 13, Code ‘‘(aa) the quotient obtained by dividing— 9005). of Federal Regulations, or any successor reg- ‘‘(AA) the sum of the total monthly pay- ‘‘(ii) FORGIVENESS AMOUNT.—An eligible en- ulation, except as otherwise provided in any ments by the eligible entity for payroll costs tity shall be eligible for forgiveness of in- guidance or rule issued or that may be issued paid or incurred by the eligible entity as of debtedness on a covered loan in an amount by the Administrator; or the date on which the eligible entity applies equal to the sum of the following costs in- ‘‘(GG) is an entity that would be described for the covered loan; by curred or expenditures made during the cov- in the subsections listed in subitems (AA) ‘‘(BB) the number of months in which ered period: through (FF) if the entity were a business those payroll costs were paid or incurred; by ‘‘(I) Payroll costs. concern; or ‘‘(bb) 2.5; or ‘‘(II) Any payment of interest on any cov- ‘‘(HH) is assigned, or was approved for a ‘‘(II) $2,000,000. ered mortgage obligation (which shall not in- loan under paragraph (36) with, a North ‘‘(iv) LIMIT FOR MULTIPLE LOCATIONS.—With clude any prepayment of or payment of prin- American Industry Classification System respect to an eligible entity with more than cipal on a covered mortgage obligation). code beginning with 52; 1 physical location, the total amount of all ‘‘(III) Any covered operations expenditure. ‘‘(cc) any business concern or entity pri- covered loans shall be not more than ‘‘(IV) Any covered property damage cost. marily engaged in political or lobbying ac- $2,000,000. ‘‘(V) Any payment on any covered rent ob- tivities, which shall include any entity that ‘‘(v) LOAN NUMBER LIMITATION.—An eligible ligation. is organized for research or for engaging in entity may only receive 1 covered loan. ‘‘(VI) Any covered utility payment. advocacy in areas such as public policy or ‘‘(vi) 90 DAY RULE FOR MAXIMUM LOAN ‘‘(VII) Any covered supplier cost. political strategy or otherwise describes AMOUNT.—The maximum aggregate loan ‘‘(VIII) Any covered worker protection ex- itself as a think tank in any public docu- amount of loans guaranteed under this sub- penditure. ments; or section that are approved for an eligible en- ‘‘(iii) LIMITATION ON FORGIVENESS FOR ALL ‘‘(dd) any business concern or entity— tity (including any affiliates) within 90 days ELIGIBLE ENTITIES.—The forgiveness amount ‘‘(AA) for which an entity created in or or- of approval of another loan under this sub- under this subparagraph shall be equal to the ganized under the laws of the People’s Re- section for the eligible entity (including any lesser of— public of China or the Special Administra- affiliates) shall not exceed $10,000,000. ‘‘(I) the amount described in clause (ii); tive Region of Hong Kong, or that has sig- ‘‘(D) EXCEPTION FROM CERTAIN CERTIFI- and nificant operations in the People’s Republic CATION REQUIREMENTS.—An eligible entity ‘‘(II) the amount equal to the quotient ob- of China or the Special Administrative Re- applying for a covered loan shall not be retained by dividing— gion of Hong Kong, owns or holds, directly or quired to make the certification described in ‘‘(aa) the amount of the covered loan used indirectly, not less than 20 percent of the subclause (III) or (IV) of paragraph (36)(G)(i). for payroll costs during the covered period; economic interest of the business concern or ‘‘(E) FEE WAIVER.—With respect to a cov- and entity, including as equity shares or a cap- ered loan— ‘‘(bb) 0.60. ital or profit interest in a limited liability ‘‘(i) in lieu of the fee otherwise applicable ‘‘(I) LENDER ELIGIBILITY.—Except as other- company or partnership; or under paragraph (23)(A), the Administrator wise provided in this paragraph, a lender ap- ‘‘(BB) that retains, as a member of the shall collect no fee; and proved to make loans under paragraph (36) board of directors of the business concern, a ‘‘(ii) in lieu of the fee otherwise applicable may make covered loans under the same person who is a resident of the People’s Re- under paragraph (18)(A), the Administrator terms and conditions as in paragraph (36). public of China; shall collect no fee. ‘‘(J) REIMBURSEMENT FOR LOAN PROCESSING ‘‘(vi) the terms ‘exchange’, ‘issuer’, and ‘se- ‘‘(F) ELIGIBLE CHURCHES AND RELIGIOUS OR- AND SERVICING.—The Administrator shall re- curity’ have the meanings given those terms GANIZATIONS.— imburse a lender authorized to make a cov- in section 3(a) of the Securities Exchange ‘‘(i) SENSE OF CONGRESS.—It is the sense of ered loan in an amount that is— Act of 1934 (15 U.S.C. 78c(a)); and Congress that the interim final rule of the ‘‘(i) 3 percent of the principal amount of ‘‘(vii) the term ‘Tribal business concern’ Administration entitled ‘Business Loan Pro- the financing of the covered loan up to means a Tribal business concern described in gram Temporary Changes; Paycheck Protec- $350,000; and section 31(b)(2)(C). tion Program’ (85 Fed. Reg. 20817 (April 15, ‘‘(ii) 1 percent of the principal amount of ‘‘(B) LOANS.—Except as otherwise provided 2020)) properly clarified the eligibility of the financing of the covered loan above in this paragraph, the Administrator may churches and religious organizations for $350,000, if applicable. guarantee covered loans to eligible entities loans made under paragraph (36). ‘‘(K) SET ASIDE FOR SMALL ENTITIES.—Not under the same terms, conditions, and proc- ‘‘(ii) APPLICABILITY OF PROHIBITION.—The less than $25,000,000,000 of the total amount esses as a loan made under paragraph (36). prohibition on eligibility established by sec- of covered loans guaranteed by the Adminis- ‘‘(C) MAXIMUM LOAN AMOUNT.— tion 120.110(k) of title 13, Code of Federal trator shall be made to eligible entities with

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not more than 10 employees as of February an increase in the covered loan amount even (A) APPLICABLE RULES.—Solely with re- 15, 2020. if— spect to loans under paragraphs (36) and (37) ‘‘(L) SET ASIDE FOR COMMUNITY FINANCIAL (A) the initial covered loan amount has of section 7(a) of the Small Business Act (15 INSTITUTIONS, SMALL INSURED DEPOSITORY IN- been fully disbursed; or U.S.C. 636(a)), Farm Credit Administration STITUTIONS, CREDIT UNIONS, AND FARM CREDIT (B) the lender of the initial covered loan regulations and guidance issued as of July SYSTEM INSTITUTIONS.—Not less than has submitted to the Administration a Form 14, 2020, and compliance with such regula- $10,000,000,000 of the total amount of covered 1502 report related to the covered loan. tions and guidance, shall be deemed func- loans guaranteed by the Administrator shall (l) CALCULATION OF MAXIMUM LOAN AMOUNT tionally equivalent to requirements ref- be made by— FOR FARMERS AND RANCHERS UNDER THE PAY- erenced in section 3(a)(iii)(II) of the interim ‘‘(i) community financial institutions; CHECK PROTECTION PROGRAM.— final rule of the Administration entitled ‘‘(ii) insured depository institutions with (1) IN GENERAL.—Section 7(a)(36) of the ‘‘Business Loan Program Temporary consolidated assets of less than Small Business Act (15 U.S.C. 636(a)(36)), as Changes; Paycheck Protection Program’’ (85 $10,000,000,000; amended by subsection (j) of this section, is Fed. Reg. 20811 (April 15, 2020)) or any similar ‘‘(iii) credit unions with consolidated as- amended— requirement referenced in that interim final sets of less than $10,000,000,000; and (A) in subparagraph (E), in the matter pre- rule in implementing such paragraph (37). ‘‘(iv) institutions of the Farm Credit Sys- ceding clause (i), by striking ‘‘During’’ and (B) APPLICABILITY OF CERTAIN LOAN RE- tem chartered under the Farm Credit Act of inserting ‘‘Except as provided in subpara- QUIREMENTS.—For purposes of making loans 1971 (12 U.S.C. 2001 et seq.) with consolidated graph (T), during’’; and under paragraph (36) or (37) of section 7(a) of assets of less than $10,000,000,000 (not includ- (B) by adding at the end the following: the Small Business Act (15 U.S.C. 636(a)) or ing the Federal Agricultural Mortgage Cor- ‘‘(T) CALCULATION OF MAXIMUM LOAN forgiving those loans in accordance with section 1106 of the CARES Act (15 U.S.C. 9005) poration). AMOUNT FOR FARMERS AND RANCHERS.— and subparagraph (H) of such paragraph (37), ‘‘(M) PUBLICATION OF GUIDANCE.—Not later ‘‘(i) DEFINITION.—In this subparagraph, the than 10 days after the date of enactment of term ‘covered recipient’ means an eligible sections 4.13, 4.14, and 4.14A of the Farm this paragraph, the Administrator shall issue recipient that— Credit Act of 1971 (12 U.S.C. 2199, 2202, 2202a) guidance addressing barriers to accessing ‘‘(I) operates as a sole proprietorship or as (including regulations issued under those capital for minority, underserved, veteran, an independent contractor, or is an eligible sections) shall not apply. (C) RISK WEIGHT.— and women-owned business concerns for the self-employed individual; (i) IN GENERAL.—With respect to the appli- purpose of ensuring equitable access to cov- ‘‘(II) reports farm income or expenses on a cation of Farm Credit Administration cap- ered loans. Schedule F (or any equivalent successor ital requirements, a loan described in clause ‘‘(N) STANDARD OPERATING PROCEDURE.— schedule); and (ii)— The Administrator shall, to the maximum ‘‘(III) was in business during the period be- (I) shall receive a risk weight of zero per- extent practicable, allow a lender approved ginning on February 15, 2019 and ending on cent; and to make covered loans to use existing pro- June 30, 2019. (II) shall not be included in the calculation gram guidance and standard operating proce- ‘‘(ii) NO EMPLOYEES.—With respect to cov- of any applicable leverage ratio or other ap- dures for loans made under this subsection. ered recipient without employees, the max- plicable capital ratio or calculation. ‘‘(O) PROHIBITION ON USE OF PROCEEDS FOR imum covered loan amount shall be the less- (ii) LOANS DESCRIBED.—A loan referred to LOBBYING ACTIVITIES.—None of the proceeds er of— in clause (i) is— of a covered loan may be used for— ‘‘(I) the sum of— (I) a loan made by a Farm Credit Bank de- ‘‘(i) lobbying activities, as defined in sec- ‘‘(aa) the product obtained by multi- scribed in section 1.2(a) of the Farm Credit tion 3 of the Lobbying Disclosure Act of 1995 plying— Act of 1971 (12 U.S.C. 2002(a)) to a Federal (2 U.S.C. 1602); ‘‘(AA) the gross income of the covered re- Land Bank Association, a Production Credit ‘‘(ii) lobbying expenditures related to a cipient in 2019, as reported on a Schedule F Association, or an agricultural credit asso- State or local election; or (or any equivalent successor schedule), that ciation described in that section to make ‘‘(iii) expenditures designed to influence is not more than $100,000, divided by 12; and loans under paragraph (36) or (37) of section the enactment of legislation, appropriations, ‘‘(BB) 2.5; and 7(a) of the Small Business Act (15 U.S.C. regulation, administrative action, or Execu- ‘‘(bb) the outstanding amount of a loan 636(a)) or forgive those loans in accordance tive order proposed or pending before Con- under subsection (b)(2) that was made during with section 1106 of the CARES Act (15 gress or any State government, State legis- the period beginning on January 31, 2020 and U.S.C. 9005) and subparagraph (H) of such lature, or local legislature or legislative ending on April 3, 2020 that the borrower in- paragraph (37); or body.’’. tends to refinance under the covered loan, (II) a loan made by a Federal Land Bank (j) CONTINUED ACCESS TO THE PAYCHECK not including any amount of any advance Association, a Production Credit Associa- PROTECTION PROGRAM.— under the loan that is not required to be re- tion, an agricultural credit association, or (1) IN GENERAL.—Section 7(a)(36)(E)(ii) of paid; or the bank for cooperatives described in sec- the Small Business Act (15 U.S.C. ‘‘(II) $2,000,000. tion 1.2(a) of the Farm Credit Act of 1971 (12 636(a)(36)(E)(ii)) is amended by striking ‘‘(iii) WITH EMPLOYEES.—With respect to a U.S.C. 2002(a)) under paragraph (36) or (37) of ‘‘$10,000,000’’ and inserting ‘‘$2,000,000’’. covered recipient with employees, the max- section 7(a) of the Small Business Act (15 (2) APPLICABILITY OF MAXIMUM LOAN imum covered loan amount shall be cal- U.S.C. 636(a)). AMOUNT CALCULATION.— culated using the formula described in sub- (D) RESERVATION OF LOAN GUARANTEES.— (A) DEFINITIONS.—In this paragraph, the paragraph (E), except that the gross income Section 7(a)(36)(S) of the Small Business Act terms ‘‘covered loan’’ and ‘‘eligible recipi- of the covered recipient described in clause (15 U.S.C. 636(a)(36)(S)) is amended— ent’’ have the meanings given those terms in (ii)(I)(aa)(AA) of this subparagraph, as di- (i) in clause (i)— section 7(a)(36) of the Small Business Act (15 vided by 12, shall be added to the sum cal- (I) in subclause (I), by striking ‘‘and’’ at U.S.C. 636(a)(36)). culated under subparagraph (E)(i)(I). the end; (B) APPLICABILITY.—The amendment made ‘‘(iv) RECALCULATION.—A lender that made (II) in subclause (II), by striking the period by paragraph (1) shall apply only with re- a covered loan to a covered recipient before at the end and inserting ‘‘; and’’; and spect to a covered loan applied for by an eli- the date of enactment of this subparagraph (III) by adding at the end the following: gible recipient on or after the date of enact- may, at the request of the covered recipi- ‘‘(III) institutions of the Farm Credit Sys- ment of this Act. ent— tem chartered under the Farm Credit Act of (k) INCREASED ABILITY FOR PAYCHECK PRO- ‘‘(I) recalculate the maximum loan amount 1971 (12 U.S.C. 2001 et seq.) with consolidated TECTION PROGRAM BORROWERS TO REQUEST AN applicable to that covered loan based on the assets of not less than $10,000,000,000 and less INCREASE IN LOAN AMOUNT DUE TO UPDATED formula described in clause (ii) or (iii), as ap- than $50,000,000,000.’’; and REGULATIONS.— plicable, if doing so would result in a larger (ii) in clause (ii)— (1) DEFINITIONS.—In this subsection, the covered loan amount; and (I) in subclause (II), by striking ‘‘and’’ at terms ‘‘covered loan’’ and ‘‘eligible recipi- ‘‘(II) provide the covered recipient with ad- the end; ent’’ have the meanings given those terms in ditional covered loan amounts based on that (II) in subclause (III), by striking the pe- section 7(a)(36) of the Small Business Act (15 recalculation.’’. riod at the end and inserting ‘‘; and’’; and U.S.C. 636(a)(36)). (m) FARM CREDIT SYSTEM INSTITUTIONS.— (III) by adding at the end the following: (2) INCREASED AMOUNT.—Notwithstanding (1) DEFINITION OF FARM CREDIT SYSTEM IN- ‘‘(IV) institutions of the Farm Credit Sys- the interim final rule issued by the Adminis- STITUTION.—In this subsection, the term tem chartered under the Farm Credit Act of tration entitled ‘‘Business Loan Program ‘‘Farm Credit System institution’’— 1971 (12 U.S.C. 2001 et seq.) with consolidated Temporary Changes; Paycheck Protection (A) means an institution of the Farm Cred- assets of less than $10,000,000,000.’’. Program—Loan Increases’’ (85 Fed. Reg. it System chartered under the Farm Credit (n) DEFINITION OF SEASONAL EMPLOYER.— 29842 (May 19, 2020)), an eligible recipient of Act of 1971 (12 U.S.C. 2001 et seq.); and (1) PPP LOANS.—Section 7(a)(36)(A) of the a covered loan that is eligible for an in- (B) does not include the Federal Agricul- Small Business Act (15 U.S.C. 636(a)(36)(A)) is creased covered loan amount as a result of tural Mortgage Corporation. amended— any interim final rule that allows for cov- (2) FACILITATION OF PARTICIPATION IN PPP (A) in clause (xi), by striking ‘‘and’’ at the ered loan increases may submit a request for AND SECOND DRAW LOANS.— end;

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(B) in clause (xii), by striking the period at ‘‘(I) lobbying activities, as defined in sec- (5) CONFIRMATION OF PLAN FOR INDIVID- the end and inserting ‘‘; and’’; and tion 3 of the Lobbying Disclosure Act of 1995 UALS.—Section 1325 of title 11, United States (C) by adding at the end the following: (2 U.S.C. 1602); Code, is amended by adding at the end the ‘‘(xiii) the term ‘seasonal employer’ means ‘‘(II) lobbying expenditures related to a following: an eligible recipient that— State or local election; or ‘‘(d) Notwithstanding section 1322(a)(2) of ‘‘(I) does not operate for more than 7 ‘‘(III) expenditures designed to influence this title and subsection (b)(1) of this sec- months in any calendar year; or the enactment of legislation, appropriations, tion, a plan that provides for payment of a ‘‘(II) during the preceding calendar year, regulation, administrative action, or Execu- claim of a kind specified in section 503(b)(10) had gross receipts for any 6 months of that tive order proposed or pending before Con- of this title may be confirmed if the plan year that were not more than 33.33 percent of gress or any State government, State legis- proposes to make payments on account of the gross receipts of the employer for the lature, or local legislature or legislative such claim when due under the terms of the other 6 months of that year.’’. body.’’. loan giving rise to such claim.’’. (2) LOAN FORGIVENESS.—Paragraph (12) of (q) EFFECTIVE DATE; APPLICABILITY.—The (6) EFFECTIVE DATE; SUNSET.— section 1106(a) of the CARES Act (15 U.S.C. amendments made to paragraph (36) of sec- (A) EFFECTIVE DATE.—The amendments 9005(a)), as so redesignated by subsection tion 7(a) of the Small Business Act (15 U.S.C. made by paragraphs (1) through (5) shall— (d)(2) of this section, is amended to read as 636(a)) and title I of the CARES Act (Public (i) take effect on the date on which the Ad- follows: Law 116–136) under this section shall be effec- ministrator submits to the Director of the ‘‘(12) the terms ‘payroll costs’ and ‘sea- tive as if included in the CARES Act and Executive Office for United States Trustees a sonal employer’ have the meanings given shall apply to any loan made pursuant to written determination that, subject to satis- those terms in section 7(a)(36) of the Small section 7(a)(36) of the Small Business Act (15 fying any other eligibility requirements, any Business Act (15 U.S.C. 636(a)(36)).’’. U.S.C. 636(a)(36)). debtor in possession or trustee that is au- (r) BANKRUPTCY PROVISIONS.— thorized to operate the business of the debt- (o) ELIGIBILITY OF 501(C)(6) ORGANIZATIONS (1) IN GENERAL.—Section 364 of title 11, or under section 1183, 1184, 1203, 1204, or 1304 FOR LOANS UNDER THE PAYCHECK PROTECTION United States Code, is amended by adding at of title 11, United States Code, would be eli- PROGRAM.—Section 7(a)(36)(D) of the Small the end the following: gible for a loan under paragraphs (36) and (37) Business Act (15 U.S.C. 636(a)(36)(D)) is ‘‘(g)(1) The court, after notice and a hear- of section 7(a) of the Small Business Act (15 amended— ing, may authorize a debtor in possession or U.S.C. 636(a)); and (1) in clause (v), by inserting ‘‘or whether a trustee that is authorized to operate the (ii) apply to any case pending on or com- an organization described in clause (vii) em- business of the debtor under section 1183, menced on or after the date described in ploys not more than 150 employees,’’ after 1184, 1203, 1204, or 1304 of this title to obtain clause (i). ‘‘clause (i)(I),’’; a loan under paragraph (36) or (37) of section (B) SUNSET.— (2) in clause (vi), by inserting ‘‘, an organi- 7(a) of the Small Business Act (15 U.S.C. (i) IN GENERAL.—If the amendments made zation described in clause (vii),’’ after ‘‘non- 636(a)), and such loan shall be treated as a by this subsection take effect under subpara- profit organization’’; and debt to the extent the loan is not forgiven in graph (A), effective on the date that is 2 (3) by adding at the end the following: accordance with section 1106 of the CARES years after the date of enactment of this Act (15 U.S.C. 9005) or subparagraph (H) of ‘‘(vii) ELIGIBILITY FOR CERTAIN 501(C)(6) OR- Act— such paragraph (37), as applicable, with pri- GANIZATIONS.— (I) section 364 of title 11, United States ority equal to a claim of the kind specified ‘‘(I) IN GENERAL.—Except as provided in Code, is amended by striking subsection (g); in subsection (c)(1) of this section. subclause (II), any organization that is de- (II) section 503(b) of title 11, United States ‘‘(2) The trustee may incur debt described Code, is amended— scribed in section 501(c)(6) of the Internal in paragraph (1) notwithstanding any provi- Revenue Code and that is exempt from tax- (aa) in paragraph (8)(B), by adding ‘‘and’’ sion in a contract, prior order authorizing at the end; ation under section 501(a) of such Code (ex- the trustee to incur debt under this section, cluding professional sports leagues and orga- (bb) in paragraph (9), by striking ‘‘; and’’ at prior order authorizing the trustee to use the end and inserting a period; and nizations with the purpose of promoting or cash collateral under section 363, or applica- participating in a political campaign or (cc) by striking paragraph (10); ble law that prohibits the debtor from incur- (III) section 1191 of title 11, United States other activity) shall be eligible to receive a ring additional debt. Code, is amended by striking subsection (f); covered loan if— ‘‘(3) The court shall hold a hearing within ‘‘(aa) the organization does not receive 7 days after the filing and service of the mo- (IV) section 1225 of title 11, United States more than 10 percent of its receipts from lob- tion to obtain a loan described in paragraph Code, is amended by striking subsection (d); bying activities; (1). Notwithstanding the Federal Rules of and ‘‘(bb) the lobbying activities of the organi- Bankruptcy Procedure, at such hearing, the (V) section 1325 of title 11, United States zation do not comprise more than 10 percent court may grant relief on a final basis.’’. Code, is amended by striking subsection (d). of the total activities of the organization; (2) ALLOWANCE OF ADMINISTRATIVE EX- (ii) APPLICABILITY.—Notwithstanding the and PENSES.—Section 503(b) of title 11, United amendments made by clause (i) of this sub- ‘‘(cc) the organization employs not more States Code, is amended— paragraph, if the amendments made by para- than 150 employees. (A) in paragraph (8)(B), by striking ‘‘and’’ graphs (1), (2), (3), (4), and (5) take effect ‘‘(II) DESTINATION MARKETING ORGANIZA- at the end; under subparagraph (A) of this paragraph, TIONS.—Notwithstanding subclause (I), dur- (B) in paragraph (9), by striking the period such amendments shall apply to any case ing the covered period, any destination mar- at the end and inserting ‘‘; and’’; and under title 11, United States Code, com- keting organization shall be eligible to re- (C) by adding at the end the following: menced before the date that is 2 years after ceive a covered loan if— ‘‘(10) any debt incurred under section the date of enactment of this Act. ‘‘(aa) the destination marketing organiza- 364(g)(1) of this title.’’. (s) OVERSIGHT.— (1) COMPLIANCE WITH OVERSIGHT REQUIRE- tion does not receive more than 10 percent of (3) CONFIRMATION OF PLAN FOR REORGANIZA- MENTS.— its receipts from lobbying activities; TION.—Section 1191 of title 11, United States ‘‘(bb) the lobbying activities of the destina- Code, is amended by adding at the end the (A) IN GENERAL.—Except as provided in tion marketing organization do not comprise following: subparagraph (B), on and after the date of more than 10 percent of the total activities ‘‘(f) SPECIAL PROVISION RELATED TO enactment of this Act, the Administrator of the organization; COVID–19 PANDEMIC.—Notwithstanding sec- shall comply with any data or information ‘‘(cc) the destination marketing organization 1129(a)(9)(A) of this title and subsection requests or inquiries made by the Comp- tion employs not more than 150 employees; (e) of this section, a plan that provides for troller General of the United States not later and payment of a claim of a kind specified in sec- than 30 days (or such later date as the Comp- ‘‘(dd) the destination marketing organization 503(b)(10) of this title may be confirmed troller General may specify) after receiving tion— under subsection (b) of this section if the the request or inquiry. ‘‘(AA) is described in section 501(c) of the plan proposes to make payments on account (B) EXCEPTION.—If the Administrator is un- Internal Revenue Code and is exempt from of such claim when due under the terms of able to comply with a request or inquiry de- taxation under section 501(a) of such Code; or the loan giving rise to such claim.’’. scribed in subparagraph (A) within the 30- ‘‘(BB) is a quasi-governmental entity or is (4) CONFIRMATION OF PLAN FOR FAMILY day period or, if applicable, later period de- a political subdivision of a State or local FARMERS AND FISHERMEN.—Section 1225 of scribed in that clause, the Administrator government, including any instrumentality title 11, United States Code, is amended by shall, during that 30-day (or later) period, of those entities.’’. adding at the end the following: submit to the Committee on Small Business ‘‘(d) Notwithstanding section 1222(a)(2) of and Entrepreneurship of the Senate and the (p) PROHIBITION ON USE OF LOAN PROCEEDS this title and subsection (b)(1) of this sec- Committee on Small Business of the House FOR LOBBYING ACTIVITIES.—Section tion, a plan that provides for payment of a of Representatives a notification that in- 7(a)(36)(F) of the Small Business Act (15 claim of a kind specified in section 503(b)(10) cludes a detailed justification for the inabil- U.S.C. 636(a)(36)(F)) is amended by adding at of this title may be confirmed if the plan ity of the Administrator to comply with the the end the following: proposes to make payments on account of request or inquiry. ‘‘(vi) PROHIBITION.—None of the proceeds of such claim when due under the terms of the (2) TESTIMONY.—Not later than the date a covered loan may be used for— loan giving rise to such claim.’’. that is 30 days after the date of enactment of

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this Act, and every quarter thereafter until (u) COMMITMENT AUTHORITY AND APPRO- and audited annual reports to the Postal the date that is 2 years after the date of en- PRIATIONS.— Regulatory Commission under section 3654 of actment of this Act, the Administrator and (1) COMMITMENT AUTHORITY.—Section title 39, United States Code, and in con- the Secretary of the Treasury shall testify 1102(b) of the CARES Act (Public Law 116– formity with the requirements of section 13 before the Committee on Small Business and 136) is amended— or 15(d) of the Securities Exchange Act of Entrepreneurship of the Senate and the Com- (A) in paragraph (1)— 1934 (15 U.S.C. 78m, 78o(d)), any expenditures mittee on Small Business of the House of (i) in the paragraph heading, by inserting made using amounts borrowed under sub- Representatives regarding implementation ‘‘AND SECOND DRAW’’ after ‘‘PPP’’; section (b) of this section. of this section and the amendments made by (ii) by striking ‘‘August 8, 2020’’ and insert- ‘‘(2) CONGRESS.—Not later than 15 days this section. ing ‘‘December 31, 2020’’; after filing a report described in paragraph (iii) by striking ‘‘paragraph (36)’’ and in- (t) CONFLICTS OF INTEREST.— (1) with the Postal Regulatory Commission, serting ‘‘paragraphs (36) and (37)’’; and (1) DEFINITIONS.—In this subsection: the Postal Service shall submit a copy of the (iv) by striking ‘‘$659,000,000,000’’ and in- (A) CONTROLLING INTEREST.—The term information required to be certified under ‘‘controlling interest’’ means owning, con- serting ‘‘$816,640,000,000’’; and that paragraph to the Committee on Home- trolling, or holding not less than 20 percent, (B) by amending paragraph (2) to read as land Security and Governmental Affairs of follows: by vote or value, of the outstanding amount the Senate and the Committee on Oversight ‘‘(2) OTHER 7(A) LOANS.—During fiscal year of any class of equity interest in an entity. and Reform of the House of Representa- 2020, the amount authorized for commit- (B) COVERED ENTITY.— tives.’’. ments for section 7(a) of the Small Business (i) DEFINITION.—The term ‘‘covered entity’’ Act (15 U.S.C. 636(a)) under the heading TITLE VI—EDUCATIONAL SUPPORT AND means an entity in which a covered indi- ‘Small Business Administration—Business CHILD CARE vidual directly or indirectly holds a control- Loans Program Account’ in the Financial Subtitle A—Emergency Education Freedom ling interest. Services and General Government Appropria- Grants; Tax Credits for Contributions to El- (ii) TREATMENT OF SECURITIES.—For the tions Act, 2020 (division C of Public Law 116– igible Scholarship-granting Organizations purpose of determining whether an entity is 193) shall apply with respect to any commit- a covered entity, the securities owned, con- SEC. 6001. EMERGENCY EDUCATION FREEDOM ments under such section 7(a) other than GRANTS. trolled, or held by 2 or more individuals who under paragraphs (36) and (37) of such section are related as described in subparagraph 7(a).’’. (a) DEFINITIONS.—In this section: (C)(ii) shall be aggregated. (1) ELIGIBLE SCHOLARSHIP-GRANTING ORGANI- (2) DIRECT APPROPRIATIONS.— (C) COVERED INDIVIDUAL.—The term ‘‘cov- ZATION.—The term ‘‘eligible scholarship- (A) NEW DIRECT APPROPRIATIONS FOR PPP ered individual’’ means— LOANS, SECOND DRAW LOANS, AND THE MBDA.— granting organization’’ means— (i) the President, the Vice President, the (i) PPP AND SECOND DRAW LOANS.—There is (A) an organization that— head of an Executive department, or a Mem- appropriated, out of amounts in the Treas- (i) is described in section 501(c)(3) of the In- ber of Congress; and ury not otherwise appropriated, for the fiscal ternal Revenue Code of 1986 and exempt from (ii) the spouse, child, son-in-law, or daugh- year ending September 30, 2020, to remain taxation under section 501(a) of such Code; ter-in-law, as determined under applicable available until September 30, 2021, for addi- (ii) provides qualifying scholarships to in- common law, of an individual described in tional amounts— dividual elementary and secondary students clause (i). (I) $257,640,000,000 under the heading who— (D) EXECUTIVE DEPARTMENT.—The term ‘‘Small Business Administration—Business (I) reside in the State in which the eligible ‘‘Executive department’’ has the meaning Loans Program Account, CARES Act’’ for scholarship-granting organization is recog- given the term in section 101 of title 5, the cost of guaranteed loans as authorized nized; or United States Code. under paragraph (36) and (37) of section 7(a) (II) in the case of funds provided to the (E) MEMBER OF CONGRESS.—The term of the Small Business Act (15 U.S.C. 636(a)), Secretary of the Interior, attending elemen- ‘‘Member of Congress’’ means a Member of as amended and added by this Act; tary schools or secondary schools operated the Senate or House of Representatives, a (II) $10,000,000 under the heading ‘‘Depart- or funded by the Bureau of Indian Education; Delegate to the House of Representatives, ment of Commerce—Minority Business De- (iii) allocates at least 90 percent of quali- and the Resident Commissioner from Puerto velopment Agency’’ for minority business fied contributions to qualifying scholarships Rico. centers of the Minority Business Develop- on an annual basis; and (F) EQUITY INTEREST.—The term ‘‘equity ment Agency to provide technical assistance (iv) provides qualifying scholarships to— interest’’ means— to small business concerns; and (I) more than 1 eligible student; (i) a share in an entity, without regard to (III) $50,000,000 under the heading ‘‘Small (II) more than 1 eligible family; and whether the share is— Business Administration—Salaries and Ex- (III) different eligible students attending (I) transferable; or penses’’ for the cost of carrying out reviews more than 1 education provider; (II) classified as stock or anything similar; and audits of loans under subsection (l) of (B) an organization that— (ii) a capital or profit interest in a limited section 1106 of the CARES Act (15 U.S.C. (i) is described in section 501(c)(3) of the In- liability company or partnership; or 9005), as amended by this Act. ternal Revenue Code of 1986 and exempt from (iii) a warrant or right, other than a right (B) AVAILABILITY OF AMOUNTS APPRO- taxation under section 501(a) of such Code; to convert, to purchase, sell, or subscribe to PRIATED FOR THE OFFICE OF INSPECTOR GEN- and a share or interest described in clause (i) or ERAL.—Section 1107(a)(3) of the CARES Act (ii) pursuant to State law, was able, as of (ii), respectively. (15 U.S.C. 9006(a)(3)) is amended by striking January 1, 2021, to receive contributions that (2) REQUIREMENT.—The principal executive ‘‘September 20, 2024’’ and inserting ‘‘ex- are eligible for a State tax credit if such con- officer and the principal financial officer, or pended’’. tributions are used by the organization to individuals performing similar functions, of TITLE V—POSTAL SERVICE ASSISTANCE provide scholarships to individual elemen- an entity seeking to enter a transaction tary and secondary students, including SEC. 5001. COVID–19 FUNDING FOR THE UNITED made under paragraph (36) or (37) of section STATES POSTAL SERVICE. scholarships for attending private schools; or 7(a) of the Small Business Act (15 U.S.C. Section 6001 of the CARES Act (Public Law (C) an organization identified by a Gov- 636(a)), as added and amended by this sec- 116–136; 134 Stat. 281) is amended— ernor of a State to receive a subgrant from tion, shall, before that transaction is ap- (1) in the section heading, by striking the State under subsection (d). MERGENCY EDUCATION FREEDOM GRANT proved, disclose to the Administrator wheth- ‘‘BORROWING AUTHORITY’’ and inserting (2) E FUNDS er the entity is a covered entity. ‘‘FUNDING’’; .—The term ‘‘emergency education (3) APPLICABILITY.—The requirement under (2) by redesignating subsection (c) as sub- freedom grant funds’’ means the amount of paragraph (2)— section (e); and funds available under subsection (b)(1) for (A) shall apply with respect to any trans- (3) by inserting after subsection (b) the fol- this section that are not reserved under sub- action made under paragraph (36) or (37) of lowing: section (c)(1). section 7(a) of the Small Business Act (15 ‘‘(c) AVAILABILITY OF AMOUNTS; NO REPAY- (3) QUALIFIED CONTRIBUTION.—The term U.S.C. 636(a)), as added and amended by this MENT REQUIRED.—Notwithstanding sub- ‘‘qualified contribution’’ means a contribu- section, on or after the date of enactment of section (b) or any agreement entered into be- tion of cash to any eligible scholarship- this Act; and tween the Secretary of the Treasury and the granting organization. (B) shall not apply with respect to— Postal Service under that subsection, the (4) QUALIFIED EXPENSE.—The term ‘‘quali- (i) any transaction described in subpara- Postal Service— fied expense’’ means any educational expense graph (A) that was made before the date of ‘‘(1) may only use amounts borrowed under that is— enactment of this Act; or that subsection if the Postal Service has less (A) for an individual student’s elementary (ii) forgiveness under section 1106 of the than $8,000,000,000 in cash on hand; and or secondary education, as recognized by the CARES Act (15 U.S.C. 9005) or any other pro- ‘‘(2) shall not be required to repay the State; or vision of law of any loan associated with any amounts borrowed under that subsection. (B) for the secondary education component transaction described in subparagraph (A) ‘‘(d) CERTIFICATIONS.— of an individual elementary or secondary that was made before the date of enactment ‘‘(1) POSTAL REGULATORY COMMISSION.—The student’s career and technical education, as of this Act. Postal Service shall certify in its quarterly defined by section 3(5) of the Carl D. Perkins

VerDate Sep 11 2014 08:13 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A30SE6.061 S30SEPT1 SSpencer on DSK126QN23PROD with SENATE S5966 CONGRESSIONAL RECORD — SENATE September 30, 2020 Career and Technical Education Act of 2006 section (c)(1)(B), a State with an existing, as a home education provider is treated as a (20 U.S.C. 2302(5)). of the date of application for an allotment private school under State law. (5) QUALIFYING SCHOLARSHIP.—The term under this section, tax credit scholarship (C) No participating State shall exclude, ‘‘qualifying scholarship’’ means a scholar- program shall use not less than 50 percent of discriminate against, or otherwise disadvan- ship granted by an eligible scholarship- the allotment to award subgrants to eligible tage any education provider with respect to granting organization to an individual ele- scholarship-granting organizations under programs or services under this section mentary or secondary student for a qualified subsection (a)(1)(B) in the State in propor- based in whole or in part on the provider’s expense. tion to the contributions received in cal- religious character or affiliation, including (6) SECRETARY.—The term ‘‘Secretary’’ endar year 2019 that were eligible for a State religiously based or mission-based policies or means the Secretary of Education. tax credit if such contributions are used by practices. (7) STATE.—The term ‘‘State’’ means each the organization to provide scholarships to (4) PARENTAL RIGHTS TO USE SCHOLAR- of the 50 States, the District of Columbia, individual elementary and secondary stu- SHIPS.—No participating State shall disfavor and the Commonwealth of Puerto Rico. dents, including scholarships for attending or discourage the use of qualifying scholar- (b) GRANTS.— private schools. ships for the purchase of elementary and sec- (1) PROGRAM AUTHORIZED.—From the funds (B) STATES WITHOUT TAX CREDIT SCHOLAR- ondary education services, including those appropriated to carry out this section, the SHIP PROGRAMS.—By not later than 60 days services provided by private or nonprofit en- Secretary shall carry out subsection (c) and after receiving an allotment under sub- tities, such as faith-based providers. award emergency education freedom grants section (c)(1)(B), a State without a tax credit (5) STATE AND LOCAL AUTHORITY.—Nothing to States with approved applications, in scholarship program shall use not less than in this section shall be construed to modify order to enable the States to award sub- 50 percent of the allotment to award sub- a State or local government’s authority and grants to eligible scholarship-granting orga- grants to eligible scholarship-granting orga- responsibility to fund education. nizations under subsection (d). nizations in the State. (g) AUTHORIZATION OF APPROPRIATIONS.— IMING There are authorized to be appropriated to (2) T .—The Secretary shall make the (3) USES OF FUNDS.— An eligible scholar- allotments required under this subsection by ship-granting organization that receives a carry out this section such sums as may be not later than 30 days after the date of en- subgrant under this subsection— necessary. actment of this Act. (A) may reserve not more than 5 percent of SEC. 6002. TAX CREDITS FOR CONTRIBUTIONS TO (c) RESERVATION AND ALLOTMENTS.— ELIGIBLE SCHOLARSHIP-GRANTING the subgrant funds for public outreach, stu- (1) IN GENERAL.—From the amounts made ORGANIZATIONS. dent and family support activities, and ad- available under subsection (b)(1), the Sec- (a) CREDIT FOR INDIVIDUALS.—Subpart A of ministrative expenses related to the retary shall— part IV of subchapter A of chapter 1 of the subgrant; and (A) reserve— Internal Revenue Code of 1986 is amended by (i) one-half of 1 percent for allotments for (B) shall use not less than 95 percent of the adding after section 25D the following new the United States Virgin Islands, Guam, subgrant funds to provide qualifying scholar- section: American Samoa, and the Commonwealth of ships for qualified expenses only to indi- ‘‘SEC. 25E. CONTRIBUTIONS TO ELIGIBLE SCHOL- the Northern Mariana Islands, to be distrib- vidual elementary school and secondary ARSHIP-GRANTING ORGANIZATIONS. uted among those outlying areas on the basis school students who reside in the State in ‘‘(a) ALLOWANCE OF CREDIT.—Subject to of their relative need, as determined by the which the eligible scholarship-granting orga- section 6003(c) of the Delivering Immediate Secretary, in accordance with the purpose of nization is recognized. Relief to America’s Families, Schools and this section; and (e) REALLOCATION.—A State shall return to Small Businesses Act, in the case of an indi- (ii) one-half of 1 percent of such amounts the Secretary any amounts of the allotment vidual, there shall be allowed as a credit for the Secretary of the Interior, acting received under this section that the State against the tax imposed by this chapter for through the Bureau of Indian Education, to does not award as subgrants under sub- the taxable year an amount equal to the sum be used to provide subgrants described in section (d) by March 30, 2021, and the Sec- of any qualified contributions made by the subsection (d) to eligible scholarship-grant- retary shall reallocate such funds to the re- taxpayer during the taxable year. ‘‘(b) AMOUNT OF CREDIT.—The credit al- ing organizations that serve students attend- maining eligible States in accordance with subsection (c)(1)(B). lowed under subsection (a) for any taxable ing elementary schools or secondary schools year shall not exceed 10 percent of the tax- (f) RULES OF CONSTRUCTION.— operated or funded by the Bureau of Indian payer’s adjusted gross income for the taxable (1) IN GENERAL.—A qualifying scholarship Education; and year. awarded to a student from funds provided (B) subject to paragraph (2), allot each ‘‘(c) DEFINITIONS.—For purposes of this sec- State that submits an approved application under this section shall not be considered as- tion— sistance to the school or other educational under this section the sum of— ‘‘(1) ELIGIBLE SCHOLARSHIP-GRANTING ORGA- (i) the amount that bears the same rela- provider that enrolls, or provides edu- NIZATION.—The term ‘eligible scholarship- tion to 20 percent of the emergency educational services to, the student or the stu- granting organization’ means— cation freedom grant funds as the number of dent’s parents. ‘‘(A) an organization that— individuals aged 5 through 17 in the State, as (2) EXCLUSION FROM INCOME.— ‘‘(i) is described in section 501(c)(3) and ex- determined by the Secretary on the basis of (A) INCOME TAXES.—For purposes of the In- empt from taxation under section 501(a), the most recent satisfactory data, bears to ternal Revenue Code of 1986, gross income ‘‘(ii) provides qualifying scholarships to in- the number of those individuals, as so deter- shall not include any amount received by an dividual elementary and secondary students mined, in all such States that submitted ap- individual as a qualifying scholarship. who— proved applications; and (B) FEDERALLY FUNDED PROGRAMS.—Any ‘‘(I) reside in the State in which the eligi- (ii) an amount that bears the same rela- amount received by an individual as a quali- ble scholarship-granting organization is rec- tionship to 80 percent of the emergency edu- fying scholarship shall not be taken into ac- ognized, or cation freedom grant funds as the number of count as income or resources for purposes of ‘‘(II) in the case of the Bureau of Indian individuals aged 5 through 17 from families determining the eligibility of such individual Education, are members of a federally recog- with incomes below the poverty line in the or any other individual for benefits or assist- nized tribe, State, as determined by the Secretary on the ance, or the amount or extent of such bene- ‘‘(iii) a State identifies to the Secretary as basis of the most recent satisfactory data, fits or assistance, under any Federal pro- an eligible scholarship-granting organization bears to the number of those individuals, as gram or under any State or local program fi- under section 6003(c)(5)(B) of the Delivering so determined, in all such States that sub- nanced in whole or in part with Federal Immediate Relief to America’s Families, mitted approved applications. funds. Schools and Small Businesses Act, (2) MINIMUM ALLOTMENT.—No State shall (3) PROHIBITION OF CONTROL OVER NONPUBLIC ‘‘(iv) allocates at least 90 percent of quali- receive an allotment under this subsection EDUCATION PROVIDERS.— fied contributions to qualifying scholarships for a fiscal year that is less than one-half of (A)(i) Nothing in this section shall be con- on an annual basis, and 1 percent of the amount of emergency edu- strued to permit, allow, encourage, or au- ‘‘(v) provides qualifying scholarships to— cation freedom grant funds available for thorize any Federal control over any aspect ‘‘(I) more than 1 eligible student, such fiscal year. of any private, religious, or home education ‘‘(II) more than 1 eligible family, and (d) SUBGRANTS TO ELIGIBLE SCHOLARSHIP- provider, whether or not a home education ‘‘(III) different eligible students attending GRANTING ORGANIZATIONS.— provider is treated as a private school or more than 1 education provider, or (1) IN GENERAL.—A State that receives an home school under State law. ‘‘(B) an organization that— allotment under this section shall use the al- (ii) This section shall not be construed to ‘‘(i) is described in section 501(c)(3) and ex- lotment to award subgrants, on a basis de- exclude private, religious, or home education empt from taxation under section 501(a), and termined appropriate by the State, to eligi- providers from participation in programs or ‘‘(ii) pursuant to State law, was able, as of ble scholarship-granting organizations in the services under this section. January 1, 2021, to receive contributions that State. (B) Nothing in this section shall be con- are eligible for a State tax credit if such con- (2) INITIAL TIMING.— strued to permit, allow, encourage, or au- tributions are used by the organization to (A) STATES WITH EXISTING TAX CREDIT thorize a State to mandate, direct, or con- provide scholarships to individual elemen- SCHOLARSHIP PROGRAM.—By not later than 30 trol any aspect of a private or home edu- tary and secondary students, including days after receiving an allotment under sub- cation provider, regardless of whether or not scholarships for attending private schools.

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‘‘(2) QUALIFIED CONTRIBUTION.—The term 6003(c)(5) of the Delivering Immediate Relief (2) by striking the period at the end of ‘qualified contribution’ means a contribu- to America’s Families, Schools and Small paragraph (33) and inserting ‘‘, plus’’; and tion of cash to any eligible scholarship- Businesses Act shall disfavor or discourage (3) by adding at the end the following new granting organization. the use of qualifying scholarships for the paragraph: ‘‘(3) QUALIFIED EXPENSE.—The term ‘quali- purchase of elementary and secondary edu- ‘‘(34) the credit for qualified contributions fied expense’ means any educational expense cation services, including those services pro- determined under section 45U(a).’’. that is— vided by private or nonprofit entities, such (e) CLERICAL AMENDMENT.—The table of ‘‘(A) for an individual student’s elementary as faith-based providers. sections for subpart D of part IV of sub- or secondary education, as recognized by the ‘‘(5) STATE AND LOCAL AUTHORITY.—Nothing chapter A of chapter 1 is amended by adding State, or in this section shall be construed to modify at the end the following new item: ‘‘(B) for the secondary education compo- a State or local government’s authority and ‘‘Sec. 45U. Contributions to eligible scholar- nent of an individual elementary or sec- responsibility to fund education. ship-granting organizations.’’. ondary student’s career and technical edu- ‘‘(e) DENIAL OF DOUBLE BENEFIT.—The Sec- (f) EFFECTIVE DATE.—The amendments cation, as defined by section 3(5) of the Carl retary shall prescribe such regulations or made by this section shall apply to taxable D. Perkins Career and Technical Education other guidance to ensure that the sum of the years beginning after December 31, 2020. Act of 2006 (20 U.S.C. 2302(5)). tax benefits provided by Federal, State, or SEC. 6003. EDUCATION FREEDOM SCHOLARSHIPS ‘‘(4) QUALIFYING SCHOLARSHIP.—The term local law for a qualified contribution receiv- WEB PORTAL AND ADMINISTRATION. ‘qualifying scholarship’ means a scholarship ing a Federal tax credit in any taxable year (a) IN GENERAL.—The Secretary of the granted by an eligible scholarship-granting does not exceed the sum of the qualified con- Treasury shall, in coordination with the Sec- organization to an individual elementary or tributions made by the taxpayer for the tax- retary of Education, establish, host, and secondary student for a qualified expense. able year. maintain a web portal that— ‘‘(5) STATE.—The term ‘State’ means each ‘‘(f) CARRYFORWARD OF CREDIT.—If a tax (1) lists all eligible scholarship-granting of the 50 States, the District of Columbia, credit allowed under this section is not fully the Commonwealth of Puerto Rico, the out- organizations; used within the applicable taxable year be- (2) enables a taxpayer to make a qualifying lying areas (as defined in section 1121(c) of cause of insufficient tax liability on the part the Elementary and Secondary Education contribution to one or more eligible scholar- of the taxpayer, the unused amount may be ship-granting organizations and to imme- Act of 1965 (20 U.S.C. 6331(c)), and the Depart- carried forward for a period not to exceed 5 ment of the Interior (acting through the Bu- diately obtain both a pre-approval of a tax years. credit for that contribution and a receipt for reau of Indian Education). ‘‘(g) ELECTION.—This section shall apply to tax filings; ‘‘(d) RULES OF CONSTRUCTION.— a taxpayer for a taxable year only if the tax- (3) provides information about the tax ben- ‘‘(1) IN GENERAL.—A qualifying scholarship payer elects to have this section apply for efits under sections 25E and 45U of the Inter- awarded to a student from the proceeds of a such taxable year. nal Revenue Code of 1986; and qualified contribution under this section ‘‘(h) ALTERNATIVE MINIMUM TAX.—For pur- shall not be considered assistance to the poses of calculating the alternative min- (4) enables a State to submit and update school or other educational provider that en- imum tax under section 55, a taxpayer may information about its programs and its eligi- rolls, or provides educational services to, the use any credit received for a qualified con- ble scholarship-granting organizations for student or the student’s parents. tribution under this section. informational purposes only, including infor- ‘‘(2) EXCLUSION FROM INCOME.—Gross in- ‘‘(i) TERMINATION.—This section shall not mation on— come shall not include any amount received apply to any contributions made in taxable (A) student eligibility; by an individual as a qualifying scholarship years beginning after December 31, 2022.’’. (B) allowable educational expenses; and such amount shall not be taken into ac- (b) CLERICAL AMENDMENT.—The table of (C) the types of allowable education pro- count as income or resources for purposes of sections for subpart A of part IV of sub- viders; determining the eligibility of such individual chapter A of chapter 1 of the Internal Rev- (D) the percentage of funds an organization or any other individual for benefits or assist- enue Code of 1986 is amended by inserting may use for program administration; and ance, or the amount or extent of such bene- after the item relating to section 25D the fol- (E) the percentage of total contributions fits or assistance, under any Federal pro- lowing new item: the organization awards in a calendar year. (b) NONPORTAL CONTRIBUTIONS.—A tax- gram or under any State or local program fi- ‘‘Sec. 25E. Contributions to eligible scholar- payer may opt to make a contribution di- nanced in whole or in part with Federal ship-granting organizations.’’. rectly to an eligible scholarship-granting or- funds. (c) CREDIT FOR CORPORATIONS.—Subpart D ‘‘(3) PROHIBITION OF CONTROL OVER NON- of part IV of subchapter A of chapter 1 of the ganization, instead of through the web portal PUBLIC EDUCATION PROVIDERS.— Internal Revenue Code of 1986 is amended by described in subsection (a), provided that the ‘‘(A)(i) Nothing in this section shall be con- adding at the end the following new section: taxpayer, or the eligible scholarship-grant- strued to permit, allow, encourage, or au- ing organization on behalf of the taxpayer, ‘‘SEC. 45U. CONTRIBUTIONS TO ELIGIBLE SCHOL- thorize any Federal control over any aspect ARSHIP-GRANTING ORGANIZATIONS. applies for, and receives pre-approval for a of any private, religious, or home education ‘‘(a) ALLOWANCE OF CREDIT.—Subject to tax credit from the Secretary of the Treas- provider, whether or not a home education section 6003(c) of the Delivering Immediate ury in coordination with the Secretary of provider is treated as a private school or Relief to America’s Families, Schools and Education. home school under State law. Small Businesses Act, for purposes of section (c) NATIONAL AND STATE LIMITATIONS ON ‘‘(ii) This section shall not be construed to 38, in the case of a domestic corporation, CREDITS.— exclude private, religious, or home education there shall be allowed as a credit against the (1) NATIONAL LIMITATION.—For each fiscal providers from participation in programs or tax imposed by this chapter for the taxable year, the total amount of qualifying con- services under this section. year an amount equal to the sum of any tributions for which a credit is allowed under ‘‘(B) Nothing in this section shall be con- qualified contributions (as defined in section sections 25E and 45U of the Internal Revenue strued to permit, allow, encourage, or au- 25E(c)(2)) made by such corporation during Code of 1986 shall not exceed $5,000,000,000. thorize an entity submitting a list of eligible the taxable year. (2) ALLOCATION OF LIMITATION.— scholarship-granting organizations on behalf ‘‘(b) AMOUNT OF CREDIT.—The credit al- (A) INITIAL ALLOCATIONS.—For each cal- of a State pursuant to section 6003(c)(5) of lowed under subsection (a) for any taxable endar year, with respect to the limitation the Delivering Immediate Relief to Amer- year shall not exceed 5 percent of the taxable under paragraph (1), the Secretary of the ica’s Families, Schools and Small Businesses income (as defined in section 170(b)(2)(D)) of Treasury, in consultation with the Secretary Act to mandate, direct, or control any aspect the domestic corporation for such taxable of Education, shall— of a private or home education provider, re- year. (i) allocate to each State an amount equal gardless of whether or not a home education ‘‘(c) ADDITIONAL PROVISIONS.—For purposes to the sum of the qualifying contributions provider is treated as a private school under of this section, any qualified contributions made in the State in the previous year; and State law. made by a domestic corporation shall be sub- (ii) from any amounts remaining following ‘‘(C) No participating State or entity act- ject to the provisions of section 25E (includ- allocations made under clause (i), allocate to ing on behalf of a State pursuant to section ing subsection (d) of such section), to the ex- each participating State an amount equal to 6003(c)(5) of the Delivering Immediate Relief tent applicable. the sum of— to America’s Families, Schools and Small ‘‘(d) ELECTION.—This section shall apply to (I) an amount that bears the same rela- Businesses Act shall exclude, discriminate a taxpayer for a taxable year only if the tax- tionship to 20 percent of such remaining against, or otherwise disadvantage any edu- payer elects to have this section apply for amount as the number of individuals aged 5 cation provider with respect to programs or such taxable year. through 17 in the State, as determined by services under this section based in whole or ‘‘(e) TERMINATION.—This section shall not the Secretary of Education on the basis of in part on the provider’s religious character apply to any contributions made in taxable the most recent satisfactory data, bears to or affiliation, including religiously-based or years beginning after December 31, 2022.’’. the number of those individuals in all such mission-based policies or practices. (d) CREDIT PART OF GENERAL BUSINESS States, as so determined; and ‘‘(4) PARENTAL RIGHTS TO USE SCHOLAR- CREDIT.—Section 38(b) is amended— (II) an amount that bears the same rela- SHIPS.—No participating State or entity act- (1) by striking ‘‘plus’’ at the end of para- tionship to 80 percent of such remaining ing on behalf of a State pursuant to section graph (32); amount as the number of individuals aged 5

VerDate Sep 11 2014 08:13 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A30SE6.061 S30SEPT1 SSpencer on DSK126QN23PROD with SENATE S5968 CONGRESSIONAL RECORD — SENATE September 30, 2020 through 17 from families with incomes below penses in connection with enrollment or at- 658P of the Child Care and Development the poverty line in the State, as determined tendance at, or for students enrolled at or Block Grant Act of 1990 (42 U.S.C. 9858n). by the Secretary of Education, on the basis attending, an elementary or secondary pub- (5) QUALIFIED CHILD CARE PROVIDER.—The of the most recent satisfactory data, bears to lic, private, or religious school: term ‘‘qualified child care provider’’ means the number of those individuals in all such ‘‘(i) Curriculum and curricular materials. an eligible child care provider with an appli- States, as so determined. ‘‘(ii) Books or other instructional mate- cation approved under subsection (g) for the (B) MINIMUM ALLOCATION.—Notwith- rials. program involved. standing subparagraph (A), no State receiv- ‘‘(iii) Online educational materials. (6) SECRETARY.—The term ‘‘Secretary’’ ing an allocation under this section may re- ‘‘(iv) Tuition for tutoring or educational means the Secretary of Health and Human ceive less than 1⁄2 of 1 percent of the amount classes outside of the home, including at a Services. allocated for a fiscal year. tutoring facility, but only if the tutor or in- (7) STATE.—The term ‘‘State’’ has the (3) ALLOWABLE PARTNERSHIPS.—A State structor is not related to the student and— meaning given the term in section 658P of may choose to administer the allocation it ‘‘(I) is licensed as a teacher in any State, the Child Care and Development Block Grant receives under paragraph (2) in partnership ‘‘(II) has taught at an eligible educational Act of 1990 (42 U.S.C. 9858n). with one or more States, provided that the institution, or (c) GRANTS FOR CHILD CARE PROGRAMS.— eligible scholarship-granting organizations ‘‘(III) is a subject matter expert in the rel- From the funds appropriated to carry out in each partner State serve students who re- evant subject. this section, the Secretary shall make Back side in all States in the partnership. ‘‘(v) Fees for a nationally standardized (4) TOTAL ALLOCATION.—A State’s alloca- norm-referenced achievement test, an ad- to Work Child Care grants to States, Indian tion, for any fiscal year, is the sum of the vanced placement examination, or any ex- tribes, and tribal organizations, that submit amount determined for such State under aminations related to college or university notices of intent to provide assurances under subparagraphs (A) and (B) of paragraph (2). admission. subsection (d)(2). The grants shall provide for (5) ALLOCATION AND ADJUSTMENTS.— ‘‘(vi) Fees for dual enrollment in an insti- subgrants to qualified child care providers, (A) INITIAL ALLOCATION TO STATES.—Not tution of higher education. for a transition period of not more than 9 later than November 1 of the year preceding ‘‘(vii) Educational therapies for students months to assist in paying for fixed costs a year for which there is a national limita- with disabilities provided by a licensed or ac- and increased operating expenses due to tion on credits under paragraph (1) (referred credited practitioner or provider, including COVID–19, and to reenroll children in an en- to in this section as the ‘‘applicable year’’), occupational, behavioral, physical, and vironment that supports the health and safe- or as early as practicable with respect to the speech-language therapies. ty of children and staff. first year, the Secretary of the Treasury ‘‘(C) TREATMENT OF HOMESCHOOL EX- shall announce the State allocations under PENSES.—In the case of any distribution (d) PROCESS FOR ALLOCATION OF FUNDS.— paragraph (2) for the applicable year. made after the date of the enactment of the (1) ALLOCATION.—Any funds that are appro- (B) LIST OF ELIGIBLE SCHOLARSHIP-GRANT- Delivering Immediate Relief to America’s priated to carry out this section shall be dis- ING ORGANIZATIONS.— Families, Schools and Small Businesses Act tributed by the Secretary to the Administra- (i) IN GENERAL.—Not later than January 1 and before January 1, 2023, the term ‘quali- tion for Children and Families for distribu- of each applicable year, or as early as prac- fied higher education expense’ shall include tion under the Child Care and Development ticable with respect to the first year, each expenses for the purposes described in sub- Block Grant Act of 1990 (42 U.S.C. 9857 et State shall provide the Secretary of the paragraphs (A) and (B) in connection with a seq.) in accordance with subsection (e)(2) of Treasury a list of eligible scholarship-grant- homeschool (whether treated as a this section. ing organizations, including a certification homeschool or a private school for purposes (2) NOTICE.—Not later than 7 days after that the entity submitting the list on behalf of applicable State law).’’. funds are appropriated to carry out this sec- of the State has the authority to perform (b) EFFECTIVE DATE.—The amendment tion, the Secretary shall provide to States, this function. made by this section shall apply to distribu- Indian tribes, and tribal organizations a no- (ii) RULE OF CONSTRUCTION.—Neither this tions made after the date of the enactment tice of funding availability, for Back to section nor any other Federal law shall be of this Act. Work Child Care grants under subsection (c) construed as limiting the entities that may Subtitle B—Back to Work Child Care Grants from allotments and payments under sub- submit the list on behalf of a State. section (e)(2). The Secretary shall issue a no- SEC. 6101. BACK TO WORK CHILD CARE GRANTS. (C) REALLOCATION OF UNCLAIMED CREDITS.— tice of the funding allocations for each (a) PURPOSE.—The purpose of this section The Secretary of the Treasury shall reallo- State, Indian tribe, and tribal organization is to support the recovery of the United cate a State’s allocation to other States, in not later than 14 days after funds are appro- States economy by providing assistance to accordance with paragraph (2), if the State— priated to carry out this section. aid in reopening child care programs, and (i) chooses not to identify scholarship- (3) NOTICE OF INTENT.—Not later than 14 maintaining the availability of child care in granting organizations under subparagraph days after issuance of a notice of funding al- the United States, so that parents can access (B) in any applicable year; or locations under paragraph (1), a State, In- safe care and return to work. (ii) does not have an existing eligible dian tribe, or tribal organization that seeks (b) DEFINITIONS.—In this section: scholarship-granting organization. such a grant shall submit to the Secretary a (1) COVID–19 PUBLIC HEALTH EMERGENCY.— (D) REALLOCATION.—On or after April 1 of notice of intent to provide assurances for The term ‘‘COVID–19 public health emer- any applicable year, the Secretary of the such grant. The notice of intent shall include gency’’ means the public health emergency Treasury may reallocate, to one or more a certification that the State, Indian tribe, declared by the Secretary of Health and other States that have eligible scholarship- or tribal organization will repay the grant Human Services under section 319 of the granting organizations in the States, with- funds if such State, Indian tribe, or tribal or- Public Health Service Act (42 U.S.C. 247d) on out regard to paragraph (2), the allocation of ganization fails to provide assurances that January 31, 2020, with respect to COVID–19, a State for which the State’s allocation has meet the requirements of subsection (f) or to including any renewal of such declaration. not been claimed. comply with such an assurance. (2) ELIGIBLE CHILD CARE PROVIDER.—The (d) DEFINITIONS.—Any term used in this (4) GRANTS TO LEAD AGENCIES.—The Sec- term ‘‘eligible child care provider’’ means— section which is also used in section 25E of retary may make grants under subsection (c) (A) an eligible child care provider as de- the Internal Revenue Code of 1986 shall have to the lead agency of each State, Indian fined in section 658P(6)(A) of the Child Care the same meaning as when used in such sec- tribe, or tribal organization, upon receipt of and Development Block Grant Act of 1990 (42 tion. the notice of intent to provide assurances for U.S.C. 9858n(6)(A)); and SEC. 6004. 529 ACCOUNT FUNDING FOR such grant. (B) a child care provider that— HOMESCHOOL AND ADDITIONAL EL- (5) PROVISION OF ASSURANCES.—Not later (i) is license-exempt and operating legally EMENTARY AND SECONDARY EX- than 15 days after receiving the grant, the PENSES. in the State; State, Indian tribe, or tribal organization (a) IN GENERAL.—Section 529(c)(7) of the In- (ii) is not providing child care services to shall provide assurances that meet the re- ternal Revenue Code of 1986 is amended— relatives; and quirements of subsection (f). (1) by striking ‘‘Any reference’’ and insert- (iii) satisfies State and local requirements, ing including those referenced in section (e) FEDERAL RESERVATION; ALLOTMENTS ‘‘(A) IN GENERAL.—Any reference’’, and 658E(c)(2)(I) of the Child Care and Develop- AND PAYMENTS.— (2) by adding at the end the following new ment Block Grant Act of 1990 ((42 U.S.C. (1) RESERVATION.—The Secretary shall re- subparagraphs: 9858c)(c)(2)(I)). serve not more than 1 percent of the amount ‘‘(B) ADDITIONAL EXPENSES.—In the case of (3) INDIAN TRIBE; TRIBAL ORGANIZATION.— appropriated to carry out this section to pay any distribution made after the date of the The terms ‘‘Indian tribe’’ and ‘‘tribal organi- for the costs of the Federal administration of enactment of the Delivering Immediate Re- zation’’ have the meanings given the terms this section. The amount appropriated to lief to America’s Families, Schools and in section 658P of the Child Care and Devel- carry out this section and reserved under Small Businesses Act and before January 1, opment Block Grant Act of 1990 (42 U.S.C. this paragraph shall remain available 2023, any reference in this section to the 9858n). through fiscal year 2021. term ‘qualified higher education expense’ (4) LEAD AGENCY.—The term ‘‘lead agency’’ (2) ALLOTMENTS AND PAYMENTS.—The Sec- shall include a reference to the following ex- has the meaning given the term in section retary shall use the remaining portion of

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such amount to make allotments and pay- (1) IN GENERAL.—A lead agency that re- local, and tribal health and safety requirements, to States, Indian tribes, and tribal or- ceives a Back to Work Child Care grant ments and, if applicable, enhanced protocols ganizations that submit such a notice of in- under this section— for child care services and related to COVID– tent to provide assurances, in accordance (A) shall use a portion that is not less than 19 or another health or safety condition; with paragraphs (1) and (2) of subsection (a), 94 percent of the grant funds to award sub- (iii) paying for fixed operating costs associ- and subsection (b), of section 658O of the grants to qualified child care providers as de- ated with providing child care services, in- Child Care and Development Block Grant scribed in the lead agency’s assurances pur- cluding the costs of payroll, the continu- Act of 1990 (42 U.S.C. 9858m), for the grants suant to subsection (f); ation of existing (as of March 1, 2020) em- described in subsection (c). (B) shall reserve not more than 6 percent of ployee benefits, mortgage or rent, utilities, (f) ASSURANCES.—A State, Indian tribe, or the funds to— and insurance; tribal organization that receives a grant (i) use not less than 1 percent of the funds (iv) acquiring equipment and supplies (in- under subsection (c) shall provide to the Sec- to provide technical assistance and support cluding personal protective equipment) nec- retary assurances that the lead agency will— in applying for and accessing funding essary to provide child care services in a (1) require as a condition of subgrant fund- through such subgrants to eligible child care manner that is safe for children and staff in ing under subsection (g) that each eligible providers, including to rural providers, fam- accordance with applicable State, local, and child care provider applying for a subgrant ily child care providers, and providers with tribal health and safety requirements; from the lead agency— limited administrative capacity; and (v) replacing materials that are no longer (A) has been an eligible child care provider (ii) use the remainder of the reserved funds safe to use as a result of the COVID–19 public in continuous operation and serving children to— health emergency; through a child care program immediately (I) administer subgrants to qualified child (vi) making facility changes and repairs to prior to March 1, 2020; care providers under paragraph (4), which address enhanced protocols for child care (B) agree to follow all applicable State, shall include monitoring the compliance of services related to COVID–19 or another local, and tribal health and safety require- qualified child care providers with applicable health or safety condition, to ensure chil- ments and, if applicable, enhanced protocols State, local, and tribal health and safety re- dren can safely occupy a child care facility; for child care services and related to COVID– quirements; and (vii) purchasing or updating equipment and 19 or another health or safety condition; (II) comply with the reporting and docu- supplies to serve children during nontradi- mentation requirements described in sub- tional hours; (C) agree to comply with the documenta- section (h); and (viii) adapting the child care program or tion and reporting requirements under sub- (C)(i) shall not make more than 1 subgrant curricula to accommodate children who have section (h); and under paragraph (4) to a child care provider, not had recent access to a child care setting; (D) certify in good faith that the child care except as described in clause (ii); and (ix) carrying out any other activity related program of the provider will remain open for (ii) may make multiple subgrants to a to the child care program of a qualified child not less than 1 year after receiving such a qualified child care provider, if the lead care provider; and subgrant, unless such program is closed due agency makes each subgrant individually for (x) reimbursement of expenses incurred be- to extraordinary circumstances, including a 1 child care program operated by the pro- fore the provider received a subgrant under state of emergency declared by the Governor vider and the funds from the multiple sub- this paragraph, if the use for which the ex- or a major disaster or emergency declared by grants are not pooled for use for more than penses are incurred is described in any of the President under section 401 or 501, re- 1 of the programs. clauses (i) though (ix) and is disclosed in the spectively, of the Robert T. Stafford Disaster (2) ROLE OF THIRD PARTY.—The lead agency subgrant application for such subgrant. Relief and Emergency Assistance Act (42 may designate a third party, such as a child (C) SUBGRANT APPLICATION.—To be quali- U.S.C. 5170, 5191); care resource and referral agency, to carry fied to receive a subgrant under this para- (2) ensure eligible child care providers in out the responsibilities of the lead agency, graph, an eligible child care provider shall urban, suburban, and rural areas can readily and oversee the activities conducted by submit an application to the lead agency in apply for and access funding under this sec- qualified child care providers under this sub- such form and containing such information tion, which shall include the provision of section. as the lead agency may reasonably require, technical assistance either directly or (3) OBLIGATION AND RETURN OF FUNDS.— including— through resource and referral agencies or (A) OBLIGATION.— (i) a budget plan that includes— staffed family child care provider networks; (i) IN GENERAL.—The lead agency shall ob- (I) information describing how the eligible (3) ensure that subgrant funds are made ligate at least 50 percent of the grant funds child care provider will use the subgrant available to eligible child care providers re- in the portion described in paragraph (1)(A) funds to pay for fixed costs and increased op- gardless of whether the eligible child care for subgrants to qualified child care pro- erating expenses, including, as applicable, provider is providing services for which as- viders by the day that is 6 months after the payroll, employee benefits, mortgage or sistance is made available under the Child date of enactment of this Act. rent, utilities, and insurance, described in Care and Development Block Grant Act of (ii) WAIVERS.—At the request of a State, subparagraph (B)(iii); 1990 (42 U.S.C. 9857 et seq.) at the time of ap- Indian tribe, or tribal organization, and for (II) data on current operating capacity, plication for a subgrant; good cause shown, the Secretary may waive taking into account previous operating ca- (4) through at least December 31, 2020, con- the requirement under clause (i) for the pacity for a period of time prior to the tinue to expend funds provided under the State, Indian tribe, or tribal organization. COVID–19 public health emergency, and up- Child Care and Development Block Grant (B) RETURN OF FUNDS.—Not later than the dated group size limits and staff-to-child ra- Act of 1990 (42 U.S.C. 9857 et seq.) for the pur- date that is 12 months after a grant is award- tios; pose of continuing payments and assistance ed to a lead agency in accordance with this (III) child care enrollment, attendance, and to qualified child care providers on the basis section, the lead agency shall return to the revenue projections based on current oper- of applicable reimbursements prior to March Secretary any of the grant funds that are not ating capacity and previous enrollment and 2020; obligated by the lead agency by such date. revenue for the period described in subclause (5) undertake a review of burdensome The Secretary shall return any funds re- (II); and State, local, and tribal regulations and received under this subparagraph to the Treas- (IV) a demonstration of how the subgrant quirements that hinder the opening of new ury of the United States. funds will assist in promoting the long-term licensed child care programs to meet the (4) SUBGRANTS.— viability of the eligible child care provider needs of the working families in the State or (A) IN GENERAL.—A lead agency that re- and how the eligible child care provider will tribal community, as applicable; ceives a grant under subsection (c) shall sustain its operations after the cessation of (6) make available to the public, which make subgrants to qualified child care pro- funding under this section; shall include, at a minimum, posting to an viders to assist in paying for fixed costs and (ii) assurances that the eligible child care internet website of the lead agency— increased operating expenses, for a transi- provider will— (A) notice of funding availability through tion period of not more than 9 months, so (I) report to the lead agency, before every subgrants for qualified child care providers that parents have a safe place for their chil- month for which the subgrant funds are to be under this section; and dren to receive child care as the parents re- received, data on current financial charac- (B) the criteria for awarding subgrants for turn to the workplace. teristics, including revenue, and data on cur- qualified child care providers, including the (B) USE OF FUNDS.—A qualified child care rent average enrollment and attendance; methodology the lead agency used to deter- provider may use subgrant funds for— (II) not artificially suppress revenue, en- mine and disburse funds in accordance with (i) sanitation and other costs associated rollment, or attendance for the purposes of subparagraphs (D) and (E) of subsection with cleaning the facility, including deep receiving subgrant funding; (g)(4); and cleaning in the case of an outbreak of (III) provide the necessary documentation (7) ensure the maintenance of a delivery COVID–19, of a child care program used to under subsection (h) to the lead agency, in- system of child care services throughout the provide child care services; cluding providing documentation of expendi- State that provides for child care in a vari- (ii) recruiting, retaining, and compen- tures of subgrant funds; and ety of settings, including the settings of fam- sating child care staff, including providing (IV) implement all applicable State, local, ily child care providers. professional development to the staff related and tribal health and safety requirements (g) LEAD AGENCY USE OF FUNDS.— to child care services and applicable State, and, if applicable, enhanced protocols for

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SUSTAINED ON-SHORE MANUFAC- child care program will remain open for not (A) LEAD AGENCY REPORT.—A lead agency TURING CAPACITY FOR PUBLIC less than 1 year after receiving a subgrant receiving a grant under subsection (c) shall, HEALTH EMERGENCIES. under this paragraph, unless such program is not later than 12 months after receiving such (a) IN GENERAL.—Section 319L of the Public closed due to extraordinary circumstances grant, submit a report to the Secretary that Health Service Act (42 U.S.C. 247d–7e) is described in subsection (f)(1)(D). includes for the State or tribal community amended— (D) SUBGRANT DISBURSEMENT.—In providing involved a description of the program of sub- (1) in subsection (a)(6)(B)— funds through a subgrant under this para- grants carried out to meet the objectives of (A) by redesignating clauses (iv) and (v) as graph— this section, including— clauses (v) and (vi), respectively; (i) the lead agency shall— (i) a description of how the lead agency de- (B) by inserting after clause (iii), the fol- (I) disburse such subgrant funds to a quali- termined— lowing: fied child care provider in installments made (I) the criteria for awarding subgrants for ‘‘(iv) activities to support domestic manu- not less than once monthly; qualified child care providers, including the facturing surge capacity of products or plat- (II) disburse a subgrant installment for a methodology the lead agency used to deter- form technologies, including manufacturing month after the qualified child care provider mine and disburse funds in accordance with capacity and capabilities to utilize platform has provided, before that month, the enroll- subparagraphs (D) and (E) of subsection technologies to provide for flexible manufac- ment, attendance, and revenue data required (g)(4); and turing initiatives;’’; and under subparagraph (C)(ii)(I) and, if applica- (II) the types of providers that received (C) in clause (vi) (as so redesginated), by ble, current operating capacity data required priority for the subgrants, including consid- inserting ‘‘manufacture,’’ after ‘‘improve- under subparagraph (C)(i)(II); and erations related to— ment,’’; (III) make subgrant installments to any (aa) setting; (2) in subsection (b)— qualified child care provider for a period of (bb) average monthly revenues, enroll- (A) in the first sentence of paragraph (1), not more than 9 months; and ment, and attendance, before and during the by inserting ‘‘support for domestic manufac- (ii) the lead agency may, notwithstanding COVID–19 public health emergency and after turing surge capacity,’’ after ‘‘initiatives for subparagraph (E)(i), disburse an initial the expiration of State, local, and tribal innovation,’’; and subgrant installment to a provider in a stay-at-home orders; and (B) in paragraph (2)— greater amount than that subparagraph pro- (cc) geographically based child care service (i) in subparagraph (B), by striking ‘‘and’’ at the end; vides for, and adjust the succeeding install- needs across the State or tribal community; (ii) by redesignating subparagraph (C) as ments, as applicable. and subparagraph (D); and (E) SUBGRANT INSTALLMENT AMOUNT.—The (ii) the number of eligible child care pro- (iii) by inserting after subparagraph (B), lead agency— viders in operation and serving children on the following: (i) shall determine the amount of a March 1, 2020, and the average number of ‘‘(C) activities to support manufacturing subgrant installment under this paragraph such providers for March 2020 and each of the by basing the amount on— surge capacities and capabilities to increase 11 months following, disaggregated by age of (I)(aa) at a minimum, the fixed costs asso- the availability of existing medical counter- children served, geography, region, center- ciated with the provision of child care serv- measures and utilize existing novel plat- based child care setting, and family child ices by a qualified child care provider; and forms to manufacture new medical counter- care setting; (bb) at the election of the lead agency, an measures to meet manufacturing demands to (iii) the number of child care slots, in the additional amount determined by the State, address threats that pose a significant level capacity of a qualified child care provider for the purposes of assisting qualified child of risk to national security; and’’; given applicable group size limits and staff- care providers with, as applicable, increased (3) in subsection (c)— to-child ratios, that were open for attend- operating costs and lost revenue, associated (A) in paragraph (2)— ance of children on March 1, 2020, the aver- with the COVID–19 public health emergency; (i) in subparagraph (C), by striking ‘‘and’’ and age number of such slots for March 2020 and at the end; (II) any other methodology that the lead each of 11 months following, disaggregated (ii) in subparagraph (D), by striking the pe- agency determines to be appropriate, and by age of children served, geography, region, riod and inserting ‘‘; and’’; and which is disclosed in reporting submitted by center-based child care setting, and family (iii) by adding at the end the following: the lead agency under subsection (f)(6)(B); child care setting; ‘‘(E) promoting domestic manufacturing (ii) shall ensure that, for any period for (iv)(I) the number of qualified child care surge capacity and capabilities for counter- which subgrant funds are disbursed under providers that received a subgrant under measure advanced research and develop- this paragraph, no qualified child care pro- subsection (g)(4), disaggregated by age of ment, including facilitating contracts to vider receives a subgrant installment that children served, geography, region, center- support flexible or surge manufacturing.’’; when added to current revenue for that pe- based child care setting, and family child (B) in paragraph (4)— riod exceeds the revenue for the cor- care setting, and the average and range of (i) in subparagraph (B)— responding period 1 year prior; and the amounts of the subgrants awarded; and (I) in clause (iii), by striking ‘‘and’’ at the (iii) may factor in decreased operating ca- (II) the percentage of all eligible child care end; pacity due to updated group size limits and providers that are qualified child care pro- (II) in clause (iv), by striking the period staff-to-child ratios, in determining subgrant viders that received such a subgrant, and inserting ‘‘; and’’; and installment amounts. disaggregated as described in subclause (I); (III) by adding at the end the following: and (F) REPAYMENT OF SUBGRANT FUNDS.—A ‘‘(v) support and maintain domestic manu- qualified child care provider that receives a (v) information concerning how qualified facturing surge capacity and capabilities, in- subgrant under this paragraph shall be re- child care providers receiving subgrants cluding through contracts to support flexible quired to repay the subgrant funds if the under subsection (g)(4) used the subgrant or surge manufacturing, to ensure that addi- lead agency determines that the provider funding received, disaggregated by the allow- tional production of countermeasures is fails to provide the assurances described in able uses of funds described in subsection available in the event that the Secretary de- subparagraph (C)(ii)(II), or to comply with (g)(4)(B). termines there is such a need for additional such an assurance. (B) REPORT TO CONGRESS.—Not later than production.’’; 90 days after receiving the lead agency re- (5) SUPPLEMENT NOT SUPPLANT.—Amounts (ii) in subparagraph (D)— made available to carry out this section ports required under subparagraph (A), the (I) in clause (ii), by striking ‘‘and’’ at the shall be used to supplement and not supplant Secretary shall make publicly available and end; other Federal, State, tribal, and local public provide to the Committee on Health, Edu- (II) by redesignating clause (iii) as clause funds expended to provide child care serv- cation, Labor, and Pensions of the Senate (iv); and ices, including funds provided under the and the Committee on Education and Labor (III) by inserting after clause (ii) the fol- Child Care and Development Block Grant of the House of Representatives a report lowing: Act of 1990 (42 U.S.C. 9857 et seq.) and State summarizing the findings of the lead agency ‘‘(iii) research to advance manufacturing and tribal child care programs. reports. capacities and capabilities for medical coun- (h) DOCUMENTATION AND REPORTING RE- (i) AUTHORIZATION OF APPROPRIATIONS.— termeasures and platform technologies that QUIREMENTS.— There are authorized to be appropriated such may be utilized for medical counter- (1) DOCUMENTATION.—A State, Indian tribe, sums as may be necessary to carry out the measures; and’’; and or tribal organization receiving a grant activities under this section. (iii) in subparagraph (E), by striking clause under subsection (c) shall provide docu- (ix); and mentation of any State or tribal expendi- (j) EXCLUSION FROM INCOME.—For purposes (C) in paragraph (7)(C)(i), by striking ‘‘up tures from grant funds received under sub- of the Internal Revenue Code of 1986, gross to 100 highly qualified individuals, or up to section (c) in accordance with section income shall not include any amount re- 50 percent of the total number of employees, 658K(b) of the Child Care Development Block ceived by a qualified child care provider whichever is less,’’ and inserting ‘‘75 percent Grant Act of 1990 (42 U.S.C. 9858i(b)), and to under this section. of the total number of employees’’;

VerDate Sep 11 2014 08:13 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\A30SE6.061 S30SEPT1 SSpencer on DSK126QN23PROD with SENATE September 30, 2020 CONGRESSIONAL RECORD — SENATE S5971 (4) in subsection (e)(1)— the agreement, consistent with the require- and for the physical security of the stock- (A) by redesignating subparagraphs (B) ments of paragraph (3). pile, as appropriate. through (D) as subparagraphs (C) through ‘‘(B) LIMITATION.—The Secretary may ‘‘(F) Reviewing and revising, as appro- (E), respectively; and make an award under this subsection to not priate, the contents of the stockpile on a (B) by inserting after subparagraph (A), more than one eligible entity in each State. regular basis to ensure that to the extent the following: ‘‘(C) SUPPLEMENT NOT SUPPLANT.—Awards, practicable, advanced technologies and med- ‘‘(B) TEMPORARY FLEXIBILITY.—During a contracts, or grants awarded under this sub- ical products are considered. public health emergency under section 319, section shall supplement, not supplant, the ‘‘(G) Carrying out exercises, drills, and the Secretary shall be provided with an addi- reserve amounts of medical supplies pro- other training for purposes of stockpile de- tional 60 business days to comply with infor- cured by and for the Strategic National ployment, dispensing, and administration of mation requests for the disclosure of infor- Stockpile under subsection (a). medical products, and for purposes of assess- mation under section 552 of title 5, United ‘‘(D) ADMINISTRATIVE EXPENSES.—Not more ing the capability of such stockpile to ad- States Code, related to the activities under than 5 percent of amounts received by an en- dress the medical supply needs of public this section (unless such activities are other- tity pursuant to an award under this sub- health emergencies of varying types and wise exempt under subparagraph (A)).’’; and section may be used for administrative ex- scales, which may be conducted in accord- (5) in subsection (f)— penses. ance with requirements related to exercises, (A) in paragraph (1), by striking ‘‘Not later ‘‘(E) CLARIFICATION.—An eligible entity re- drills, and other training for recipients of than 180 days after the date of enactment of ceiving an award under this subsection may awards under section 319C–1 or 319C–2, as ap- assign a lead entity to manage the State this subsection’’ and inserting ‘‘Not later plicable. stockpile, which may be a recipient of an than 180 days after the date of enactment of ‘‘(H) Carrying out other activities as the award under section 319C–2(b). the Delivering Immediate Relief to Amer- State determines appropriate, to support ‘‘(F) REQUIREMENT OF MATCHING FUNDS.— ica’s Families, Schools and Small Businesses State efforts to prepare for, and respond to, ‘‘(i) IN GENERAL.—Subject to clause (ii), the Act’’; and public health threats. Secretary may not make an award under (B) in paragraph (2), by striking ‘‘Not later ‘‘(4) STATE PLAN COORDINATION.—The eligi- this subsection unless the applicant agrees, than 1 year after the date of enactment of ble entity under this subsection shall ensure this subsection’’ and inserting ‘‘Not later with respect to the costs to be incurred by the applicant in carrying out the purpose de- appropriate coordination of the State stock- than 1 year after the date of enactment of pile plan developed pursuant to paragraph theDelivering Immediate Relief to America’s scribed in this subsection, to make available non-Federal contributions toward such costs (2)(A)(ii) and the plans required pursuant to Families, Schools and Small Businesses section 319C–1. Act’’. in an amount equal to— ‘‘(I) for each of fiscal years 2023 and 2024, ‘‘(5) GUIDANCE FOR STATES.—Not later than (b) MEDICAL COUNTERMEASURE INNOVATION not less than $1 for each $10 of Federal funds 180 days after the date of enactment of this PARTNER.—The restrictions under section 202 subsection, the Secretary, acting through of division A of the Further Consolidated Ap- provided in the award; ‘‘(II) for each of fiscal years 2025 and 2026, the Assistant Secretary for Preparedness and propriations Act, 2020 (Public Law 116–94), or not less than $1 for each $5 of Federal funds Response, shall issue guidance for States re- any other provision of law imposing a re- provided in the award; and lated to maintaining and replenishing a striction on salaries of individuals related to ‘‘(III) for fiscal year 2027 and each fiscal stockpile of medical products. The Secretary a previous appropriation to the Department year thereafter, not less than $1 for each $3 shall update such guidance as appropriate. of Health and Human Services, shall not of Federal funds provided in the award. ‘‘(6) ASSISTANCE TO STATES.—The Secretary apply with respect to salaries paid pursuant ‘‘(ii) WAIVER.— shall provide assistance to States, including to an agreement under the medical counter- ‘‘(I) IN GENERAL.—The Secretary may, upon technical assistance, as appropriate, to measure innovation partner program under the request of a State, waive the require- maintain and improve State and local public section 319L(c)(4)(E) of the Public Health ment under clause (i) in whole or in part if health preparedness capabilities to dis- Service Act (42 U.S.C. 247d–7e(c)(4)(E)). the Secretary determines that extraordinary tribute and dispense medical products from a SEC. 7002. IMPROVING AND SUSTAINING STATE economic conditions in the State in the fis- State stockpile. MEDICAL STOCKPILES. cal year involved or in the previous fiscal ‘‘(7) COORDINATION WITH THE STRATEGIC NA- Section 319F–2 of the Public Health Service year justify the waiver. TIONAL STOCKPILE.—Each recipient of an Act (42 U.S.C. 247d–6b) is amended by adding ‘‘(II) APPLICABILITY OF WAIVER.—A waiver award under this subsection shall ensure at the end the following: provided by the Secretary under this sub- that the State stockpile plan developed pur- ‘‘(i) IMPROVING AND MAINTAINING STATE paragraph shall apply only to the fiscal year suant to paragraph (2)(A)(ii) contains such MEDICAL STOCKPILES.— involved. information as the Secretary may require re- ‘‘(1) IN GENERAL.—The Secretary, acting ‘‘(3) STOCKPILING ACTIVITIES AND REQUIRE- lated to current inventory of supplies main- through the Assistant Secretary for Pre- MENTS.—A recipient of a grant, contract, or tained pursuant to paragraph (3), and any paredness and Response, shall award grants, cooperative agreement under this subsection plans to replenish such supplies, or procure contracts, or cooperative agreements to eli- shall use such funds to carry out the fol- new or alternative supplies. The Secretary gible entities to maintain a stockpile of ap- lowing: shall use information obtained from State propriate drugs, vaccines and other biologi- ‘‘(A) Maintaining a stockpile of appro- stockpile plans to inform the maintenance cal products, medical devices, and other priate drugs, vaccines and other biological and management of the Strategic National medical supplies (including personal protec- products, medical devices, and other supplies Stockpile pursuant to subsection (a). tive equipment, ancillary medical supplies, (including personal protective equipment, ‘‘(8) PERFORMANCE AND ACCOUNTABILITY.— and other applicable supplies required for ancillary medical supplies, and other appli- ‘‘(A) IN GENERAL.—The Secretary, acting the administration of drugs, vaccines and cable supplies required for the administra- through the Assistant Secretary for Pre- other biological products, medical devices, tion of drugs, vaccines and other biological paredness and Response, shall develop and and diagnostic tests) to be used during a pub- products, medical devices, and diagnostic implement a process to review and audit en- lic health emergency declared by the Gov- tests) to be used during a public health emer- tities in receipt of an award under this sub- ernor of a State or by the Secretary under gency in such numbers, types, and amounts section, including by establishing metrics to section 319, or a major disaster or emergency as the State determines necessary, con- ensure that each entity receiving such an declared by the President under section 401 sistent with such State’s stockpile plan. award is carrying out activities in accord- or 501, respectively, of the Robert T. Stafford Such a recipient may not use funds to sup- ance with the applicable State stockpile Disaster Relief and Emergency Assistance port the stockpiling of countermeasures as plan. The Secretary may require entities Act, in order to support the preparedness defined under subsection (c), unless the eligi- to— goals described in paragraphs (2), (3), and (8) ble entity provides justification for main- ‘‘(i) measure progress toward achieving the of section 2802(b). taining such products and the Secretary de- outcome goals; and ‘‘(2) ELIGIBLE ENTITIES.— termines such appropriate and applicable. ‘‘(ii) at least annually, test, exercise, and ‘‘(A) IN GENERAL.—To be eligible to receive ‘‘(B) Deploying the stockpile as required by rigorously evaluate the stockpile capacity an award under paragraph (1), an entity the State to respond to an actual or poten- and response capabilities of the entity, and shall— tial public health emergency. report to the Secretary on the results of such ‘‘(i) be a State or consortium of States ‘‘(C) Replenishing and making necessary test, exercise, and evaluation, and on that is a recipient of an award under section additions or modifications to the contents of progress toward achieving outcome goals, 319C–1(b); and such stockpile or stockpiles, including to ad- based on criteria established by the Sec- ‘‘(ii) prepare, in consultation with appro- dress potential depletion. retary. priate health care providers and health offi- ‘‘(D) In consultation with Federal, State, ‘‘(B) NOTIFICATION OF FAILURE.—The Sec- cials within the State or consortium of and local officials, take into consideration retary shall develop and implement a process States, and submit to the Secretary an appli- the availability, deployment, dispensing, and to notify entities that are determined by the cation that contains such information as the administration requirements of medical Secretary to have failed to meet the require- Secretary may require, including a plan for products within the stockpile. ments of the terms of an award under this the State stockpile and a description of the ‘‘(E) Ensuring that procedures are followed subsection. Such process shall provide such activities such entity will carry out under for inventory management and accounting, entities with the opportunity to correct such

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noncompliance. An entity that fails to cor- (2) in subsection (c)(2)(C), by striking ‘‘on (3) INDIAN TRIBE.—The term ‘‘Indian tribe’’ rect such noncompliance shall be subject to an annual basis’’ and inserting ‘‘not later has the meaning given the term in section 4 subparagraph (C). than March 15 of each year’’. of the Indian Self-Determination and Edu- ‘‘(C) WITHHOLDING OF CERTAIN AMOUNTS TITLE VIII—CORONAVIRUS RELIEF FUND cation Assistance Act (25 U.S.C. 5304). FROM ENTITIES THAT FAIL TO ACHIEVE BENCH- EXTENSION (4) SECRETARY.—The term ‘‘Secretary’’ MARKS OR SUBMIT STATE STOCKPILE PLAN.— means the Secretary of the Interior. SEC. 8001. EXTENSION OF PERIOD TO USE Beginning with fiscal year 2022, and in each CORONAVIRUS RELIEF FUND PAY- (5) STATE.—The term ‘‘State’’ means— succeeding fiscal year, the Secretary shall MENTS. (A) a State; withhold from each entity that has failed Section 601(d)(3) of the Social Security Act (B) the District of Columbia; substantially to meet the terms of an award (42 U.S.C. 801(d)(3)) is amended by striking (C) the Commonwealth of Puerto Rico; under this subsection for at least 1 of the 2 ‘‘December 30, 2020’’ and inserting ‘‘Sep- (D) Guam; immediately preceding fiscal years (begin- tember 30, 2021’’. (E) American Samoa; ning with fiscal year 2022), the amount al- (F) the Commonwealth of the Northern lowed for administrative expenses described TITLE IX—CHARITABLE GIVING Mariana Islands; and in described in paragraph (2)(D). SEC. 9001. INCREASE IN LIMITATION ON PARTIAL (G) the United States Virgin Islands. ‘‘(9) AUTHORIZATION OF APPROPRIATIONS.— ABOVE THE LINE DEDUCTION FOR (b) POLICY.— For the purpose of carrying out this sub- CHARITABLE CONTRIBUTIONS. (1) IN GENERAL.—Section 3 of the National section, there are authorized to be appro- (a) INCREASE.— Materials and Minerals Policy, Research and priated $1,000,000,000 for each of fiscal years (1) IN GENERAL.—Paragraph (22) of section Development Act of 1980 (30 U.S.C. 1602) is 2021 through 2030, to remain available until 62(a) of the Internal Revenue Code of 1986 is amended in the second sentence— expended.’’. amended to read as follows: ‘‘(22) CHARITABLE CONTRIBUTIONS.—In the (A) by striking paragraph (3) and inserting SEC. 7003. STRENGTHENING THE STRATEGIC NA- case of a taxable year beginning in 2020 of an the following: TIONAL STOCKPILE. individual to whom section 63(b) applies for ‘‘(3) establish an analytical and forecasting Section 319F–2 of the Public Health Service such taxable year, the deduction under sec- capability for identifying critical mineral Act (42 U.S.C. 247d–6b) is amended— tion 170(a) (determined without regard to demand, supply, and other factors to allow (1) in subsection (a)— section 170(b)) for qualified charitable con- informed actions to be taken to avoid supply (A) in paragraph (2)(A), by adding ‘‘and the tributions (not in excess of the applicable shortages, mitigate price volatility, and pre- contracts issued under paragraph (5)’’ after amount).’’. pare for demand growth and other market ‘‘paragraph (1)’’ (2) APPLICABLE AMOUNT.—Paragraph (1) of shifts;’’; (B) in paragraph (3)(F), by striking ‘‘Sec- section 62(f) of the Internal Revenue Code of (B) in paragraph (6), by striking ‘‘and’’ retary of Homeland Security’’ and inserting 1986 is amended to read as follows: after the semicolon at the end; and ‘‘Secretary of Health and Human Services, in ‘‘(1) APPLICABLE AMOUNT.—The term ‘appli- (C) by striking paragraph (7) and inserting coordination with or at the request of, the cable amount’ means $600 (twice such the following: Secretary of Homeland Security,’’; amount in the case of a joint return).’’. ‘‘(7) facilitate the availability, develop- (C) by redesignating paragraph (5) as para- (3) CONFORMING AMENDMENT.—Section ment, and environmentally responsible pro- graph (6); 62(f)(2)(B) of such Code is amended by strik- duction of domestic resources to meet na- (D) by inserting after paragraph (4) the fol- ing ‘‘(determined without regard to sub- tional material or critical mineral needs; lowing: section (b) thereof)’’. ‘‘(8) avoid duplication of effort, prevent un- ‘‘(5) SURGE CAPACITY.—The Secretary, in (b) PENALTY FOR UNDERPAYMENTS ATTRIB- necessary paperwork, and minimize delays in maintaining the stockpile under paragraph UTABLE TO OVERSTATED DEDUCTION.— the administration of applicable laws (in- (1) and carrying out procedures under para- (1) IN GENERAL.—Section 6662(b) of the In- cluding regulations) and the issuance of per- graph (3), may— ternal Revenue Code of 1986 is amended by mits and authorizations necessary to explore ‘‘(A) enter into contracts or cooperative inserting after paragraph (8) the following: for, develop, and produce critical minerals agreements with vendors for procurement, ‘‘(9) Any overstatement of qualified chari- and to construct critical mineral manufac- maintenance, and storage of reserve amounts table contributions (as defined in section turing facilities in accordance with applica- of drugs, vaccines and other biological prod- 62(f)).’’. ble environmental and land management ucts, medical devices, and other medical sup- (2) INCREASED PENALTY.—Section 6662 of laws; plies (including personal protective equip- such Code is amended by adding at the end ‘‘(9) strengthen— ment, ancillary medical supplies, and other the following new subsection: ‘‘(A) educational and research capabilities applicable supplies required for the adminis- ‘‘(l) INCREASE IN PENALTY IN CASE OF OVER- at not lower than the secondary school level; tration of drugs, vaccines and other biologi- STATEMENT OF QUALIFIED CHARITABLE CON- and cal products, medical devices, and diagnostic TRIBUTIONS.—In the case of any portion of an ‘‘(B) workforce training for exploration tests in the stockpile), under such terms and underpayment which is attributable to one and development of critical minerals and conditions (including quantity, production or more overstatements of a qualified chari- critical mineral manufacturing; schedule, maintenance costs, and price of table contribution (as defined in section ‘‘(10) bolster international cooperation product) as the Secretary may specify, in- 62(f)), subsection (a) shall be applied with re- through technology transfer, information cluding for purposes of— spect to such portion by substituting ‘50 per- sharing, and other means; ‘‘(i) maintenance and storage of reserve cent’ for ‘20 percent’.’’. ‘‘(11) promote the efficient production, use, amounts of products intended to be delivered (3) EXCEPTION TO APPROVAL OF ASSESS- and recycling of critical minerals; to the ownership of the Federal Government MENT.—Section 6751(b)(2)(A) is amended by ‘‘(12) develop alternatives to critical min- under the contract, which may consider striking ‘‘or 6655’’ and inserting ‘‘6655, or 6662 erals; and costs of shipping, or otherwise transporting, (but only with respect to an addition to tax ‘‘(13) establish contingencies for the pro- handling, storage, and related costs for such by reason of subsection (b)(9) thereof)’’. duction of, or access to, critical minerals for product or products; and (c) EFFECTIVE DATE.—The amendments which viable sources do not exist within the ‘‘(ii) maintaining domestic manufacturing made by this section shall apply to taxable United States.’’. capacity of such products to ensure addi- years beginning after December 31, 2019. (2) CONFORMING AMENDMENT.—Section 2(b) tional reserved production capacity of such of the National Materials and Minerals Pol- TITLE X—CRITICAL MINERALS products is available, and that such products icy, Research and Development Act of 1980 are provided in a timely manner, to be deliv- SEC. 10001. MINERAL SECURITY. (30 U.S.C. 1601(b)) is amended by striking ‘‘(b) ered to the ownership of the Federal Govern- (a) DEFINITIONS.—In this section: As used in this Act, the term’’ and inserting ment under the contract and deployed in the (1) BYPRODUCT.—The term ‘‘byproduct’’ the following: event that the Secretary determines that means a critical mineral— there is a need to quickly purchase addi- (A) the recovery of which depends on the ‘‘(b) DEFINITIONS.—In this Act: tional quantities of such product; and production of a host mineral that is not des- ‘‘(1) CRITICAL MINERAL.—The term ‘critical ‘‘(B) promulgate such regulations as the ignated as a critical mineral; and mineral’ means any mineral, element, sub- Secretary determines necessary to imple- (B) that exists in sufficient quantities to stance, or material designated as critical by ment this paragraph.’’; and be recovered during processing or refining. the Secretary under section 3168(c) of the Na- tional Defense Authorization Act for Fiscal (E) in subparagraph (A) of paragraph (6), as (2) CRITICAL MINERAL.— Year 2021. so redesignated— (A) IN GENERAL.—The term ‘‘critical min- (i) in clause (viii), by striking ‘‘; and’’ and eral’’ means any mineral, element, sub- ‘‘(2) MATERIALS.—The term’’. inserting a semicolon; stance, or material designated as critical by (c) CRITICAL MINERAL DESIGNATIONS.— (ii) in clause (ix), by striking the period the Secretary under subsection (c). (1) DRAFT METHODOLOGY AND LIST.—The and inserting ‘‘; and’’; and (B) EXCLUSIONS.—The term ‘‘critical min- Secretary, acting through the Director of (iii) by adding at the end the following: eral’’ does not include— the United States Geological Survey (re- ‘‘(x) an assessment of the contracts or co- (i) fuel minerals, including oil, natural gas, ferred to in this subsection as the ‘‘Sec- operative agreements entered into pursuant or any other fossil fuels; or retary’’), shall publish in the Federal Reg- to paragraph (5).’’; and (ii) water, ice, or snow. ister for public comment—

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(A) a description of the draft methodology (iii) designate additional minerals, ele- (8) REPORT.—Not later than 2 years after used to identify a draft list of critical min- ments, substances, or materials as critical the date of enactment of this Act, the Sec- erals; minerals. retary shall submit to Congress a report de- (B) a draft list of minerals, elements, sub- (6) NOTICE.—On finalization of the method- scribing the status of geological surveying of stances, and materials that qualify as crit- ology and the list under paragraph (3), or any Federal land for any mineral commodity— ical minerals; and revision to the methodology or list under (A) for which the United States was de- (C) a draft list of critical minerals recov- paragraph (5), the Secretary shall submit to pendent on a foreign country for more than ered as byproducts. Congress written notice of the action. 25 percent of the United States supply, as de- (2) AVAILABILITY OF DATA.—If available (d) RESOURCE ASSESSMENT.— picted in the report issued by the United data is insufficient to provide a quantitative (1) IN GENERAL.—Not later than 4 years States Geological Survey entitled ‘‘Mineral after the date of enactment of this Act, in basis for the methodology developed under Commodity Summaries 2020’’; but consultation with applicable State (includ- this subsection, qualitative evidence may be (B) that is not designated as a critical mining geological surveys), local, academic, in- used to the extent necessary. eral under subsection (c). dustry, and other entities, the Secretary (3) FINAL METHODOLOGY AND LIST.—After (e) PERMITTING.— reviewing public comments on the draft (acting through the Director of the United States Geological Survey) or a designee of (1) SENSE OF CONGRESS.—It is the sense of methodology and the draft lists published the Secretary, shall complete a comprehen- Congress that— under paragraph (1) and updating the meth- sive national assessment of each critical (A) critical minerals are fundamental to odology and lists as appropriate, not later mineral that— than 45 days after the date on which the pub- the economy, competitiveness, and security (A) identifies and quantifies known critical lic comment period with respect to the draft of the United States; mineral resources, using all available public (B) to the maximum extent practicable, methodology and draft lists closes, the Sec- and private information and datasets, in- retary shall publish in the Federal Reg- the critical mineral needs of the United cluding exploration histories; and States should be satisfied by minerals re- ister— (B) provides a quantitative and qualitative (A) a description of the final methodology sponsibly produced and recycled in the assessment of undiscovered critical mineral United States; and for determining which minerals, elements, resources throughout the United States, in- substances, and materials qualify as critical (C) the Federal permitting process has cluding probability estimates of tonnage and been identified as an impediment to mineral minerals; grade, using all available public and private production and the mineral security of the (B) the final list of critical minerals; and information and datasets, including explo- United States. (C) the final list of critical minerals recov- ration histories. (2) PERFORMANCE IMPROVEMENTS.—To im- ered as byproducts. (2) SUPPLEMENTARY INFORMATION.—In car- (4) DESIGNATIONS.— rying out this subsection, the Secretary may prove the quality and timeliness of decisions, (A) IN GENERAL.—For purposes of carrying carry out surveys and field work (including the Secretary (acting through the Director out this subsection, the Secretary shall drilling, remote sensing, geophysical sur- of the Bureau of Land Management) and the maintain a list of minerals, elements, sub- veys, topographical and geological mapping, Secretary of Agriculture (acting through the stances, and materials designated as critical, and geochemical sampling and analysis) to Chief of the Forest Service) (referred to in pursuant to the final methodology published supplement existing information and this subsection as the ‘‘Secretaries’’) shall, under paragraph (3), that the Secretary de- datasets available for determining the exist- to the maximum extent practicable, with re- termines— ence of critical minerals in the United spect to critical mineral production on Fed- (i) are essential to the economic or na- States. eral land, complete Federal permitting and tional security of the United States; (3) PUBLIC ACCESS.—Subject to applicable review processes with maximum efficiency (ii) the supply chain of which is vulnerable law, to the maximum extent practicable, the and effectiveness, while supporting vital eco- to disruption (including restrictions associ- Secretary shall make all data and metadata nomic growth, by— ated with foreign political risk, abrupt de- collected from the comprehensive national (A) establishing and adhering to timelines mand growth, military conflict, violent un- assessment carried out under paragraph (1) and schedules for the consideration of, and rest, anti-competitive or protectionist be- publically and electronically accessible. final decisions regarding, applications, oper- haviors, and other risks throughout the sup- (4) TECHNICAL ASSISTANCE.—At the request ating plans, leases, licenses, permits, and ply chain); and of the Governor of a State or the head of an other use authorizations for mineral-related (iii) serve an essential function in the man- Indian tribe, the Secretary may provide activities on Federal land; ufacturing of a product (including energy technical assistance to State governments (B) establishing clear, quantifiable, and technology-, defense-, currency-, agriculture- and Indian tribes conducting critical mineral temporal permitting performance goals and , consumer electronics-, and health care-re- resource assessments on non-Federal land. tracking progress against those goals; lated applications), the absence of which (5) PRIORITIZATION.— (C) engaging in early collaboration among would have significant consequences for the (A) IN GENERAL.—The Secretary may se- agencies, project sponsors, and affected economic or national security of the United quence the completion of resource assess- stakeholders— States. ments for each critical mineral such that (i) to incorporate and address the interests (B) INCLUSIONS.—Notwithstanding the cri- critical minerals considered to be most crit- of those parties; and teria under paragraph (3), the Secretary may ical under the methodology established (ii) to minimize delays; designate and include on the list any min- under subsection (c) are completed first. (D) ensuring transparency and account- eral, element, substance, or material deter- (B) REPORTING.—During the period begin- ability by using cost-effective information mined by another Federal agency to be stra- ning not later than 1 year after the date of tegic and critical to the defense or national enactment of this Act and ending on the date technology to collect and disseminate infor- security of the United States. of completion of all of the assessments re- mation regarding individual projects and agency performance; (C) REQUIRED CONSULTATION.—The Sec- quired under this subsection, the Secretary retary shall consult with the Secretaries of shall submit to Congress on an annual basis (E) engaging in early and active consulta- Defense, Commerce, Agriculture, and Energy an interim report that— tion with State, local, and Indian tribal gov- and the United States Trade Representative (i) identifies the sequence and schedule for ernments to avoid conflicts or duplication of in designating minerals, elements, sub- completion of the assessments if the Sec- effort, resolve concerns, and allow for con- stances, and materials as critical under this retary sequences the assessments; or current, rather than sequential, reviews; paragraph. (ii) describes the progress of the assess- (F) providing demonstrable improvements (5) SUBSEQUENT REVIEW.— ments if the Secretary does not sequence the in the performance of Federal permitting (A) IN GENERAL.—The Secretary, in con- assessments. and review processes, including lower costs sultation with the Secretaries of Defense, (6) UPDATES.—The Secretary may periodi- and more timely decisions; Commerce, Agriculture, and Energy and the cally update the assessments conducted (G) expanding and institutionalizing per- United States Trade Representative, shall under this subsection based on— mitting and review process improvements review the methodology and list under para- (A) the generation of new information or that have proven effective; graph (3) and the designations under para- datasets by the Federal Government; or (H) developing mechanisms to better com- graph (4) at least every 3 years, or more fre- (B) the receipt of new information or municate priorities and resolve disputes quently as the Secretary considers to be ap- datasets from critical mineral producers, among agencies at the national, regional, propriate. State geological surveys, academic institu- State, and local levels; and (B) REVISIONS.—Subject to paragraph tions, trade associations, or other persons. (I) developing other practices, such as (4)(A), the Secretary may— (7) ADDITIONAL SURVEYS.—The Secretary preapplication procedures. (i) revise the methodology described in this shall complete a resource assessment for (3) REVIEW AND REPORT.—Not later than 1 subsection; each additional mineral or element subse- year after the date of enactment of this Act, (ii) determine that minerals, elements, quently designated as a critical mineral the Secretaries shall submit to Congress a substances, and materials previously deter- under subsection (c)(5)(B) not later than 2 report that— mined to be critical minerals are no longer years after the designation of the mineral or (A) identifies additional measures (includ- critical minerals; and element. ing regulatory and legislative proposals, as

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appropriate) that would increase the timeli- (1) DEPARTMENTAL REVIEW.—Absent any ex- ject to potential supply restrictions, that ness of permitting activities for the explo- traordinary circumstance, and except as oth- lessen the need for critical minerals; and ration and development of domestic critical erwise required by law, the Secretary and (F) alternative energy technologies or al- minerals; the Secretary of Agriculture shall ensure ternative designs of existing energy tech- (B) identifies options (including cost recov- that each Federal Register notice described nologies, particularly those that use min- ery paid by permit applicants) for ensuring in paragraph (2) shall be— erals that— adequate staffing and training of Federal en- (A) subject to any required reviews within (i) occur in abundance in the United tities and personnel responsible for the con- the Department of the Interior or the De- States; and sideration of applications, operating plans, partment of Agriculture; and (ii) are not subject to potential supply releases, licenses, permits, and other use au- (B) published in final form in the Federal strictions. thorizations for critical mineral-related ac- Register not later than 45 days after the date (4) REPORTS.—Not later than 2 years after tivities on Federal land; of initial preparation of the notice. the date of enactment of this Act, and annu- (C) quantifies the amount of time typically (2) PREPARATION.—The preparation of Fed- ally thereafter, the Secretary shall submit required (including range derived from mineral Register notices required by law associ- to Congress a report summarizing the activi- imum and maximum durations, mean, me- ated with the issuance of a critical mineral ties, findings, and progress of the program. dian, variance, and other statistical meas- exploration or mine permit shall be dele- ures or representations) to complete each gated to the organizational level within the (h) ANALYSIS AND FORECASTING.— step (including those aspects outside the agency responsible for issuing the critical (1) CAPABILITIES.—In order to evaluate ex- control of the executive branch, such as judi- mineral exploration or mine permit. isting critical mineral policies and inform cial review, applicant decisions, or State and (3) TRANSMISSION.—All Federal Register future actions that may be taken to avoid local government involvement) associated notices regarding official document avail- supply shortages, mitigate price volatility, with the development and processing of ap- ability, announcements of meetings, or no- and prepare for demand growth and other plications, operating plans, leases, licenses, tices of intent to undertake an action shall market shifts, the Secretary (acting through permits, and other use authorizations for be originated in, and transmitted to the Fed- the Director of the United States Geological critical mineral-related activities on Federal eral Register from, the office in which, as ap- Survey) or a designee of the Secretary, in land, which shall serve as a baseline for the plicable— consultation with the Energy Information performance metric under paragraph (4); and (A) the documents or meetings are held; or Administration, academic institutions, and (D) describes actions carried out pursuant (B) the activity is initiated. others in order to maximize the application to paragraph (2). (g) RECYCLING, EFFICIENCY, AND ALTER- of existing competencies related to devel- (4) PERFORMANCE METRIC.—Not later than NATIVES.— oping and maintaining computer-models and 90 days after the date of submission of the (1) ESTABLISHMENT.—The Secretary of En- similar analytical tools, shall conduct and report under paragraph (3), the Secretaries, ergy (referred to in this subsection as the publish the results of an annual report that after providing public notice and an oppor- ‘‘Secretary’’) shall conduct a program of re- includes— tunity to comment, shall develop and pub- search and development— (A) as part of the annually published Min- lish a performance metric for evaluating the (A) to promote the efficient production, eral Commodity Summaries from the United progress made by the executive branch to ex- use, and recycling of critical minerals States Geological Survey, a comprehensive pedite the permitting of activities that will throughout the supply chain; and review of critical mineral production, con- increase exploration for, and development of, (B) to develop alternatives to critical min- sumption, and recycling patterns, includ- domestic critical minerals, while maintain- erals that do not occur in significant abun- ing— dance in the United States. ing environmental standards. (i) the quantity of each critical mineral do- (2) COOPERATION.—In carrying out the pro- (5) ANNUAL REPORTS.—Beginning with the mestically produced during the preceding gram, the Secretary shall cooperate with ap- first budget submission by the President year; propriate— under section 1105 of title 31, United States (ii) the quantity of each critical mineral Code, after publication of the performance (A) Federal agencies and National Labora- domestically consumed during the preceding metric required under paragraph (4), and an- tories; year; nually thereafter, the Secretaries shall sub- (B) critical mineral producers; (iii) market price data or other price data mit to Congress a report that— (C) critical mineral processors; for each critical mineral; (A) summarizes the implementation of rec- (D) critical mineral manufacturers; (iv) an assessment of— ommendations, measures, and options identi- (E) trade associations; fied in subparagraphs (A) and (B) of para- (F) academic institutions; (I) critical mineral requirements to meet graph (3); (G) small businesses; and the national security, energy, economic, in- (B) using the performance metric under (H) other relevant entities or individuals. dustrial, technological, and other needs of paragraph (4), describes progress made by the (3) ACTIVITIES.—Under the program, the the United States during the preceding year; executive branch, as compared to the base- Secretary shall carry out activities that in- (II) the reliance of the United States on line established pursuant to paragraph (3)(C), clude the identification and development foreign sources to meet those needs during on expediting the permitting of activities of— the preceding year; and that will increase exploration for, and devel- (A) advanced critical mineral extraction, (III) the implications of any supply short- opment of, domestic critical minerals; and production, separation, alloying, or proc- ages, restrictions, or disruptions during the (C) compares the United States to other essing technologies that decrease the energy preceding year; countries in terms of permitting efficiency consumption, environmental impact, and (v) the quantity of each critical mineral and any other criteria relevant to the glob- costs of those activities, including— domestically recycled during the preceding ally competitive critical minerals industry. (i) efficient water and wastewater manage- year; (6) INDIVIDUAL PROJECTS.—Using data from ment strategies; (vi) the market penetration during the pre- the Secretaries generated under paragraph (ii) technologies and management strate- ceding year of alternatives to each critical (5), the Director of the Office of Management gies to control the environmental impacts of mineral; and Budget shall prioritize inclusion of indi- radionuclides in ore tailings; (vii) a discussion of international trends vidual critical mineral projects on the (iii) technologies for separation and proc- associated with the discovery, production, website operated by the Office of Manage- essing; and consumption, use, costs of production, ment and Budget in accordance with section (iv) technologies for increasing the recov- prices, and recycling of each critical mineral 1122 of title 31, United States Code. ery rates of byproducts from host metal ores; as well as the development of alternatives to (7) REPORT OF SMALL BUSINESS ADMINISTRA- (B) technologies or process improvements critical minerals; and TION.—Not later than 1 year and 300 days that minimize the use, or lead to more effi- (viii) such other data, analyses, and eval- after the date of enactment of this Act, the cient use, of critical minerals across the full uations as the Secretary finds are necessary Administrator of the Small Business Admin- supply chain; to achieve the purposes of this subsection; istration shall submit to the applicable com- (C) technologies, process improvements, or and mittees of Congress a report that assesses design optimizations that facilitate the recy- (B) a comprehensive forecast, entitled the the performance of Federal agencies with re- cling of critical minerals, and options for im- ‘‘Annual Critical Minerals Outlook’’, of prospect to— proving the rates of collection of products jected critical mineral production, consump- (A) complying with chapter 6 of title 5, and scrap containing critical minerals from tion, and recycling patterns, including— United States Code (commonly known as the post-consumer, industrial, or other waste (i) the quantity of each critical mineral ‘‘Regulatory Flexibility Act’’), in promul- streams; projected to be domestically produced over gating regulations applicable to the critical (D) commercial markets, advanced storage the subsequent 1-year, 5-year, and 10-year pe- minerals industry; and methods, energy applications, and other ben- riods; (B) performing an analysis of regulations eficial uses of critical minerals processing (ii) the quantity of each critical mineral applicable to the critical minerals industry byproducts; projected to be domestically consumed over that may be outmoded, inefficient, duplica- (E) alternative minerals, metals, and ma- the subsequent 1-year, 5-year, and 10-year pe- tive, or excessively burdensome. terials, particularly those available in abun- riods; (f) FEDERAL REGISTER PROCESS.— dance within the United States and not sub- (iii) an assessment of—

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(I) critical mineral requirements to meet (F) the sufficiency of personnel within rel- (k) ADMINISTRATION.— projected national security, energy, eco- evant areas of the Federal Government for (1) IN GENERAL.—The National Critical Ma- nomic, industrial, technological, and other achieving the policies described in section 3 terials Act of 1984 (30 U.S.C. 1801 et seq.) is needs of the United States; of the National Materials and Minerals Pol- repealed. (II) the projected reliance of the United icy, Research and Development Act of 1980 (2) CONFORMING AMENDMENT.—Section 3(d) States on foreign sources to meet those (30 U.S.C. 1602); and of the National Superconductivity and Com- needs; and (G) the potential need for new training pro- petitiveness Act of 1988 (15 U.S.C. 5202(d)) is (III) the projected implications of potential grams to have a measurable effect on the amended in the first sentence by striking ‘‘, supply shortages, restrictions, or disrup- supply of trained workers in the critical with the assistance of the National Critical tions; minerals industry. Materials Council as specified in the Na- (iv) the quantity of each critical mineral (2) CURRICULUM STUDY.— tional Critical Materials Act of 1984 (30 projected to be domestically recycled over (A) IN GENERAL.—The Secretary and the U.S.C. 1801 et seq.),’’. the subsequent 1-year, 5-year, and 10-year pe- Secretary of Labor shall jointly enter into (3) SAVINGS CLAUSES.— riods; an arrangement with the National Academy (A) IN GENERAL.—Nothing in this section or (v) the market penetration of alternatives of Sciences and the National Academy of En- an amendment made by this section modifies to each critical mineral projected to take gineering under which the Academies shall any requirement or authority provided by— place over the subsequent 1-year, 5-year, and coordinate with the National Science Foun- (i) the matter under the heading ‘‘GEOLOGI- 10-year periods; dation on conducting a study— CAL SURVEY’’ of the first section of the Act of (vi) a discussion of reasonably foreseeable (i) to design an interdisciplinary program March 3, 1879 (43 U.S.C. 31(a)); or international trends associated with the dis- on critical minerals that will support the (ii) the first section of Public Law 87–626 covery, production, consumption, use, costs critical mineral supply chain and improve (43 U.S.C. 31(b)). of production, and recycling of each critical the ability of the United States to increase (B) EFFECT ON DEPARTMENT OF DEFENSE.— mineral as well as the development of alter- domestic, critical mineral exploration, de- Nothing in this section or an amendment natives to critical minerals; and velopment, production, manufacturing, re- made by this section affects the authority of (vii) such other projections relating to search, including fundamental research into the Secretary of Defense with respect to the each critical mineral as the Secretary deter- alternatives, and recycling; work of the Department of Defense on crit- mines to be necessary to achieve the pur- (ii) to address undergraduate and graduate ical material supplies in furtherance of the poses of this subsection. education, especially to assist in the devel- national defense mission of the Department (2) PROPRIETARY INFORMATION.—In pre- opment of graduate level programs of re- of Defense. paring a report described in paragraph (1), search and instruction that lead to advanced (C) SECRETARIAL ORDER NOT AFFECTED.— the Secretary shall ensure, consistent with degrees with an emphasis on the critical This section shall not apply to any mineral section 5(f) of the National Materials and mineral supply chain or other positions that described in Secretarial Order No. 3324, Minerals Policy, Research and Development will increase domestic, critical mineral ex- issued by the Secretary on December 3, 2012, Act of 1980 (30 U.S.C. 1604(f)), that— ploration, development, production, manu- in any area to which the order applies. facturing, research, including fundamental (A) no person uses the information and (4) APPLICATION OF CERTAIN PROVISIONS.— research into alternatives, and recycling; data collected for the report for a purpose (A) IN GENERAL.—Subsections (e) and (f) (iii) to develop guidelines for proposals other than the development of or reporting shall apply to— from institutions of higher education with of aggregate data in a manner such that the (i) an exploration project in which the substantial capabilities in the required dis- identity of the person or firm who supplied presence of a byproduct is reasonably ex- ciplines for activities to improve the critical the information is not discernible and is not pected, based on known mineral mineral supply chain and advance the capac- material to the intended uses of the informa- companionality, geologic formation, min- ity of the United States to increase domes- tion; eralogy, or other factors; and tic, critical mineral exploration, research, (B) no person discloses any information or (ii) a project that demonstrates that the development, production, manufacturing, data collected for the report unless the infor- byproduct is of sufficient grade that, when and recycling; and mation or data has been transformed into a combined with the production of a host min- (iv) to outline criteria for evaluating per- statistical or aggregate form that does not eral, the byproduct is economic to recover, formance and recommendations for the allow the identification of the person or firm as determined by the applicable Secretary in amount of funding that will be necessary to who supplied particular information; and accordance with subparagraph (B). establish and carry out the program de- (C) procedures are established to require (B) REQUIREMENT.—In making the deter- scribed in paragraph (3). the withholding of any information or data mination under subparagraph (A)(ii), the ap- (B) REPORT.—Not later than 2 years after collected for the report if the Secretary de- plicable Secretary shall consider the cost ef- the date of enactment of this Act, the Sec- termines that withholding is necessary to fectiveness of the byproducts recovery. retary shall submit to Congress a description protect proprietary information, including of the results of the study required under (l) AUTHORIZATION OF APPROPRIATIONS.— any trade secrets or other confidential infor- subparagraph (A). There is authorized to be appropriated to mation. (3) PROGRAM.— carry out this section $50,000,000 for each of (i) EDUCATION AND WORKFORCE.— (A) ESTABLISHMENT.—The Secretary and fiscal years 2021 through 2030. (1) WORKFORCE ASSESSMENT.—Not later the Secretary of Labor shall jointly conduct than 1 year and 300 days after the date of en- a competitive grant program under which in- SEC. 10002. RARE EARTH ELEMENT ADVANCED COAL TECHNOLOGIES. actment of this Act, the Secretary of Labor stitutions of higher education may apply for (in consultation with the Secretary, the Di- and receive 4-year grants for— (a) PROGRAM FOR EXTRACTION AND RECOV- rector of the National Science Foundation, (i) startup costs for newly designated fac- ERY OF RARE EARTH ELEMENTS AND MINERALS institutions of higher education with sub- ulty positions in integrated critical mineral FROM COAL AND COAL BYPRODUCTS.— stantial expertise in mining, institutions of education, research, innovation, training, (1) IN GENERAL.—The Secretary of Energy, higher education with significant expertise and workforce development programs con- acting through the Assistant Secretary for in minerals research, including fundamental sistent with paragraph (2); Fossil Energy (referred to in this section as research into alternatives, and employers in (ii) internships, scholarships, and fellow- the ‘‘Secretary’’), shall carry out a program the critical minerals sector) shall submit to ships for students enrolled in programs re- under which the Secretary shall develop ad- Congress an assessment of the domestic lated to critical minerals; vanced separation technologies for the ex- availability of technically trained personnel (iii) equipment necessary for integrated traction and recovery of rare earth elements necessary for critical mineral exploration, critical mineral innovation, training, and and minerals from coal and coal byproducts. development, assessment, production, manu- workforce development programs; and (2) AUTHORIZATION OF APPROPRIATIONS.— facturing, recycling, analysis, forecasting, (iv) research of critical minerals and their There is authorized to be appropriated to the education, and research, including an anal- applications, particularly concerning the Secretary to carry out the program de- ysis of— manufacture of critical components vital to scribed in paragraph (1) $23,000,000 for each of (A) skills that are in the shortest supply as national security. fiscal years 2021 through 2028. of the date of the assessment; (B) RENEWAL.—A grant under this para- (B) skills that are projected to be in short (b) REPORT.—Not later than 1 year after graph shall be renewable for up to 2 addi- the date of enactment of this Act, the Sec- supply in the future; tional 3-year terms based on performance retary shall submit to the Committee on En- (C) the demographics of the critical min- criteria outlined under paragraph (2)(A)(iv). ergy and Natural Resources of the Senate erals industry and how the demographics (j) NATIONAL GEOLOGICAL AND GEOPHYSICAL will evolve under the influence of factors DATA PRESERVATION PROGRAM.—Section and the Committee on Energy and Commerce such as an aging workforce; 351(k) of the Energy Policy Act of 2005 (42 of the House of Representatives a report (D) the effectiveness of training and edu- U.S.C. 15908(k)) is amended by striking evaluating the development of advanced sep- cation programs in addressing skills short- ‘‘$30,000,000 for each of fiscal years 2006 aration technologies for the extraction and ages; through 2010’’ and inserting ‘‘$5,000,000 for recovery of rare earth elements and minerals (E) opportunities to hire locally for new each of fiscal years 2021 through 2030, to re- from coal and coal byproducts, including and existing critical mineral activities; main available until expended’’. acid mine drainage from coal mines.

VerDate Sep 11 2014 08:13 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\CR\FM\A30SE6.061 S30SEPT1 SSpencer on DSK126QN23PROD with SENATE S5976 CONGRESSIONAL RECORD — SENATE September 30, 2020 TITLE XI—MISCELLANEOUS PROVISIONS either directly or through reimbursement, than $2,000,000,000 shall be for the Strategic SEC. 11001. EMERGENCY DESIGNATION. for obligations incurred to prevent, prepare National Stockpile under section 319F–2(a) of (a) IN GENERAL.—The amounts provided by for, and respond to coronavirus, domestically such Act: Provided further, That funds appro- this division and the amendments made by or internationally, prior to the date of enact- priated under this paragraph in this Act may this division are designated as an emergency ment of this Act: Provided further, That such be transferred to, and merged with, the fund requirement pursuant to section 4(g) of the amount is designated by the Congress as authorized by section 319F–4, the Covered Statutory Pay-As-You-Go Act of 2010 (2 being for an emergency requirement pursu- Counter measure Process Fund, of the Public U.S.C. 933(g)). ant to section 251(b)(2)(A)(i) of the Balanced Health Service Act: Provided further, That of (b) DESIGNATION IN SENATE.—In the Senate, Budget and Emergency Deficit Control Act the amount appropriated under this para- this division and the amendments made by of 1985. graph in this Act, not more than this division are designated as an emergency BACK TO WORK CHILD CARE GRANTS $2,000,000,000, to remain available until Sep- tember 30, 2022, shall be for activities to im- requirement pursuant to section 4112(a) of H. For an additional amount for ‘‘Back to prove and sustain State medical stockpiles, Con. Res. 71 (115th Congress), the concurrent Work Child Care Grants’’, $10,000,000,000, to resolution on the budget for fiscal year 2018. as described in the amendments made by sec- remain available through September 30, 2021, tion 7002 of division A of this Act: Provided DIVISION B—CORONAVIRUS RESPONSE to prevent, prepare for, and respond to further, That of the amount appropriated ADDITIONAL SUPPLEMENTAL APPRO- coronavirus, domestically or internation- under this paragraph in this Act, PRIATIONS ACT, 2020 ally, which shall be for activities to carry $20,000,000,000 shall be available to the Bio- out Back to Work Child Care Grants as au- medical Advanced Research and Develop- The following sums are hereby are appro- thorized by section 6101 of division A of this ment Authority for necessary expenses of priated, out of any money in the Treasury Act: Provided, That such amount is des- manufacturing, production, and purchase, at not otherwise appropriated, for the fiscal ignated by the Congress as being for an the discretion of the Secretary, of vaccines, year ending September 30, 2020, and for other emergency requirement pursuant to section therapeutics, diagnostics, and small mol- purposes, namely: 251(b)(2)(A)(i) of the Balanced Budget and ecule active pharmaceutical ingredients, in- TITLE I Emergency Deficit Control Act of 1985. cluding the development, translation, and DEPARTMENT OF HEALTH AND HUMAN OFFICE OF THE SECRETARY demonstration at scale of innovations in SERVICES PUBLIC HEALTH AND SOCIAL SERVICES manufacturing platforms: Provided further, That funds in the previous proviso may be PAYMENTS TO STATES FOR THE CHILD CARE AND EMERGENCY FUND used for the construction or renovation of DEVELOPMENT BLOCK GRANT (INCLUDING TRANSFER OF FUNDS) U.S.-based next generation manufacturing For an additional amount for ‘‘Payments For an additional amount for ‘‘Public facilities, other than facilities owned by the to States for the Child Care and Develop- Health and Social Services Emergency United States Government: Provided further, ment Block Grant’’, $5,000,000,000, to remain Fund’’, $31,000,000,000, to remain available That amounts provided in the eleventh pro- available through September 30, 2021, to pre- until September 30, 2024, to prevent, prepare viso may be for necessary expenses related to vent, prepare for, and respond to for, and respond to coronavirus, domestically the sustained on-shore manufacturing capac- coronavirus, domestically or internation- or internationally, including the develop- ity for public health emergencies, as de- ally, including for Federal administrative ment of necessary countermeasures and vac- scribed in the amendments made by section expenses, which shall be used to supplement, cines, prioritizing platform-based tech- 7001 of division A of this Act: Provided fur- not supplant State, Territory, and Tribal nologies with U.S.-based manufacturing ca- ther, That of the amount appropriated under general revenue funds for child care assist- pabilities, the purchase of vaccines, thera- this paragraph in this Act, $6,000,000,000 shall ance for low-income families within the peutics, diagnostics, necessary medical sup- be for activities to plan, prepare for, pro- United States (including territories) without plies, as well as medical surge capacity, ad- mote, distribute, administer, monitor, and regard to requirements in sections dressing blood supply chain, workforce mod- track coronavirus vaccines to ensure broad- 658E(c)(3)(D)–(E) or 658G of the Child Care ernization, telehealth access and infrastruc- based distribution, access, and vaccine cov- and Development Block Grant Act: Provided, ture, initial advanced manufacturing, novel erage: Provided further, That the Secretary That funds provided under this heading in dispensing, enhancements to the U.S. Com- shall coordinate funding and activities out- this Act may be used to provide continued missioned Corps, and other preparedness and lined in the previous proviso through the Di- payments and assistance to child care pro- response activities: Provided, That funds ap- rector of CDC: Provided further, That the Sec- viders in the case of decreased enrollment or propriated under this paragraph in this Act retary, through the Director of CDC, shall closures related to coronavirus, and to as- may be used to develop and demonstrate in- report to the Committees on Appropriations sure they are able to remain open or reopen novations and enhancements to manufac- of the House of Representatives and the Sen- as appropriate and applicable: Provided fur- turing platforms to support such capabili- ate within 60 days of enactment of this Act ther, That States, Territories, and Tribes are ties: Provided further, That the Secretary of on a comprehensive coronavirus vaccine dis- encouraged to place conditions on payments Health and Human Services shall purchase tribution strategy and spend plan that in- to child care providers that ensure that child vaccines developed using funds made avail- cludes how existing infrastructure will be le- care providers use a portion of funds received able under this paragraph in this Act to re- veraged, enhancements or new infrastructure to continue to pay the salaries and wages of spond to an outbreak or pandemic related to that may be built, considerations for moving staff: Provided further, That the Secretary coronavirus in quantities determined by the and storing vaccines, guidance for how shall remind States that CCDBG State plans Secretary to be adequate to address the pub- States and health care providers should pre- do not need to be amended prior to utilizing lic health need: Provided further, That prod- pare for, store, and administer vaccines, na- existing authorities in the CCDBG Act for ucts purchased by the Federal government tionwide vaccination targets, funding that the purposes provided herein: Provided fur- with funds made available under this para- will be distributed to States, how an infor- ther, That States, Territories, and Tribes are graph in this Act, including vaccines, thera- mational campaign to both the public and authorized to use funds appropriated under peutics, and diagnostics, shall be purchased health care providers will be executed, and this heading in this Act to provide child care in accordance with Federal Acquisition Reg- how the vaccine distribution plan will focus assistance to health care sector employees, ulation guidance on fair and reasonable pric- efforts on high risk, underserved, and minor- emergency responders, sanitation workers, ing: Provided further, That the Secretary may ity populations: Provided further, That such and other workers deemed essential during take such measures authorized under current plan shall be updated and provided to the the response to coronavirus by public offi- law to ensure that vaccines, therapeutics, Committees on Appropriations of the House cials, without regard to the income eligi- and diagnostics developed from funds proof Representatives and the Senate 90 days bility requirements of section 658P(4) of such vided in this Act will be affordable in the after submission of the first plan: Provided Act: Provided further, That funds appro- commercial market: Provided further, That in further, That the Secretary shall notify the priated under this heading in this Act shall carrying out the previous proviso, the Sec- Committees on Appropriations of the House be available to eligible child care providers retary shall not take actions that delay the of Representatives and the Senate 2 days in under section 658P(6) of the CCDBG Act, even development of such products: Provided fur- advance of any obligation in excess of if such providers were not receiving CCDBG ther, That the Secretary shall ensure that $50,000,000, including but not limited to con- assistance prior to the public health emer- protections remain for individuals enrolled tracts and interagency agreements, from gency as a result of the coronavirus and any in group or individual health care coverage funds provided in this paragraph in this Act: renewal of such declaration pursuant to such with pre-existing conditions, including those Provided further, That funds appropriated section 319, for the purposes of cleaning and linked to coronavirus: Provided further, That under this paragraph in this Act may be used sanitation, and other activities necessary to products purchased with funds appropriated for the construction, alteration, or renova- maintain or resume the operation of pro- under this paragraph in this Act may, at the tion of non-federally owned facilities for the grams: Provided further, That payments made discretion of the Secretary of Health and production of vaccines, therapeutics, under this heading in this Act may be obli- Human Services, be deposited in the Stra- diagnostics, and medical supplies where the gated in this fiscal year or the succeeding tegic National Stockpile under section 319F– Secretary determines that such a contract is two fiscal years: Provided further, That funds 2 of the Public Health Service Act: Provided necessary to secure sufficient amounts of appropriated under this heading in this Act further, That of the amount appropriated such supplies: Provided further, That the not may be made available to restore amounts, under this paragraph in this Act, not more later than 30 days after enactment of this

VerDate Sep 11 2014 08:13 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\CR\FM\A30SE6.061 S30SEPT1 SSpencer on DSK126QN23PROD with SENATE September 30, 2020 CONGRESSIONAL RECORD — SENATE S5977 Act, and every 30 days thereafter until funds tribe, or tribal organization receiving funds CARES Act (Public Law 116–136). The Sec- are expended, the Secretary shall report to pursuant to this Act shall update their plans, retary shall award funds under this section the Committees on Appropriations of the as applicable, for COVID–19 testing and con- to the Governor of each State with an ap- House of Representatives and the Senate on tact tracing submitted to the Secretary pur- proved application within 30 calendar days of uses of funding for Operation Warp Speed, suant to the Paycheck Protection Program enactment of this Act. detailing current obligations by Department and Health Care Enhancement Act (Public (b) ALLOCATIONS.—The amount of each or Agency, or component thereof broken out Law 116–139) and submit such updates to the grant under subsection (a) shall be allocated by the coronavirus supplemental appropria- Secretary not later than 60 days after funds by the Secretary to each State as follows: tions Act that provided the source of funds: appropriated in this paragraph in this Act (1) 60 percent on the basis of their relative Provided further, That the plan outlined in have been awarded to such recipient: Pro- population of individuals aged 5 through 24. the previous proviso shall include funding by vided further, That not later than 60 days (2) 40 percent on the basis of their relative contract, grant, or other transaction in ex- after enactment, and every quarter there- number of children counted under section cess of $20,000,000 with a notation of which after until funds are expended, the Governor 1124(c) of the Elementary and Secondary Department or Agency, and component or designee of each State, locality, territory, Education Act of 1965 (referred to under this thereof is managing the contract: Provided tribe, or tribal organization receiving funds heading as ‘‘ESEA’’). further, That such amount is designated by shall report to the Secretary on uses of fund- (c) USES OF FUNDS.—Grant funds awarded the Congress as being for an emergency re- ing, detailing current commitments and ob- under subsection (b) may be used to— quirement pursuant to section 251(b)(2)(A)(i) ligations broken out by the coronavirus sup- (1) provide emergency support through of the Balanced Budget and Emergency Def- plemental appropriations Act that provided grants to local educational agencies that the icit Control Act of 1985. the source of funds: Provided further, That State educational agency deems have been For an additional amount for ‘‘Public not later than 15 days after receipt of such most significantly impacted by coronavirus Health and Social Services Emergency reports, the Secretary shall summarize and to support the ability of such local edu- Fund’’, $16,000,000,000, to remain available report to the Committees on Appropriations cational agencies to continue to provide edu- until September 30, 2022, to prevent, prepare of the House of Representatives and the Sen- cational services to their students and to for, and respond to coronavirus, domestically ate on States’ commitments and obligations support the on-going functionality of the or internationally, which shall be for nec- of funding: Provided further, That funds an local educational agency; essary expenses for testing, contact tracing, entity receives from amounts described in (2) provide emergency support through surveillance, containment, and mitigation to the first proviso in this paragraph may also grants to institutions of higher education monitor and suppress COVID–19, including be used for the rent, lease, purchase, acquisi- serving students within the State that the tests for both active infection and prior ex- tion, construction, alteration, renovation, or Governor determines have been most signifi- posure, including molecular, antigen, and se- equipping of non-federally owned facilities to cantly impacted by coronavirus to support rological tests, the manufacturing, procure- improve coronavirus preparedness and re- the ability of such institutions to continue ment and distribution of tests, testing equip- sponse capability at the State and local to provide educational services and support ment and testing supplies, including per- level: Provided further, That such amount is the on-going functionality of the institution; sonal protective equipment needed for ad- designated by the Congress as being for an and ministering tests, the development and vali- emergency requirement pursuant to section (3) provide support to any other institution dation of rapid, molecular point-of-care 251(b)(2)(A)(i) of the Balanced Budget and of higher education, local educational agen- tests, and other tests, support for workforce, cy, or education related entity within the epidemiology, to scale up academic, commer- Emergency Deficit Control Act of 1985. State that the Governor deems essential for cial, public health, and hospital laboratories, DEPARTMENT OF EDUCATION carrying out emergency educational services to conduct surveillance and contact tracing, EDUCATION STABILIZATION FUND to students for authorized activities de- support development of COVID–19 testing For an additional amount for ‘‘Education scribed in section 103(e) of this title, the plans, and other related activities related to Stabilization Fund’’, $105,000,000,000, to re- ESEA of 1965, the Higher Education Act of COVID–19 testing: Provided, That of the main available through September 30, 2021, 1965, the provision of child care and early amount appropriated under this paragraph in to prevent, prepare for, and respond to childhood education, social and emotional this Act, not less than $15,000,000,000 shall be coronavirus, domestically or internation- support, career and technical education, for States, localities, territories, tribes, trib- ally: , That such amount is des- Provided adult education, and the protection of edu- al organizations, urban Indian health organi- ignated by the Congress as being for an cation-related jobs. zations, or health service providers to tribes emergency requirement pursuant to section for necessary expenses for testing, contact (d) REALLOCATION.—Each Governor shall 251(b)(2)(A)(i) of the Balanced Budget and return to the Secretary any funds received tracing, surveillance, containment, and miti- Emergency Deficit Control Act of 1985. gation, including support for workforce, epi- under this section that the Governor does GENERAL PROVISIONS demiology, use by employers, elementary not award within 6 months of receiving such EDUCATION STABILIZATION FUND and secondary schools, child care facilities, funds and the Secretary shall reallocate such institutions of higher education, long-term SEC. 101. (a) ALLOCATIONS.—From the funds to the remaining States in accordance care facilities, or in other settings, scale up amount made available under this heading in with subsection (b). of testing by public health, academic, com- this Act to carry out the Education Sta- (e) REPORT.—A Governor receiving funds mercial, and hospital laboratories, and com- bilization Fund, the Secretary shall first al- under this section shall submit a report to munity-based testing sites, health care fa- locate— the Secretary, not later than 6 months after cilities, and other entities engaged in (1) not more than one half of 1 percent to receiving funding provided in this Act, in COVID–19 testing, and other related activi- the outlying areas on the basis of the terms such manner and with such subsequent fre- ties related to COVID–19 testing, contact and conditions for funding provided under quency as the Secretary may require, that tracing, surveillance, containment, and miti- this heading in the Coronavirus Aid, Relief, provides a detailed accounting of the use of gation: Provided further, That the amount and Economic Security (CARES) Act (Public funds provided under this section. provided in the preceding proviso under this Law 116–136); and ELEMENTARY AND SECONDARY SCHOOL paragraph in this Act shall be made avail- (2) one-half of 1 percent for the Secretary EMERGENCY RELIEF FUND able within 30 days of the date of enactment of the Interior for programs operated or SEC. 103. (a) GRANTS.—From funds reserved of this Act: Provided further, That the funded by the Bureau of Indian Education, under section 101(b)(2) of this title, the Sec- amount identified in the first proviso under under the terms and conditions established retary shall make supplemental elementary this paragraph in this Act shall be allocated for funding provided under this heading in and secondary school emergency relief to States, localities, and territories accord- the CARES Act (Public Law 116–136). grants to each State educational agency ing to the formula that applied to the Public (b) RESERVATIONS.—After carrying out sub- with an approved application under section Health Emergency Preparedness cooperative section (a), the Secretary shall reserve the 18003 of division B of the CARES Act (Public agreement in fiscal year 2019: Provided fur- remaining funds made available as follows: Law 116–136). The Secretary shall award ther, That not less than $500,000,000 shall be (1) 5 percent to carry out section 102 of this funds under this section to each State edu- allocated in coordination with the Director title. cational agency with an approved applica- of the Indian Health Service, to tribes, tribal (2) 67 percent to carry out section 103 of tion within 15 calendar days of enactment of organizations, urban Indian health organiza- this title. this Act. (3) 28 percent to carry out section 104 of tions, or health service providers to tribes: (b) ALLOCATIONS TO STATES.—The amount Provided further, That the Secretary of this title. of each grant under subsection (a) shall be Health and Human Services (referred to in GOVERNOR’S EMERGENCY EDUCATION RELIEF allocated by the Secretary to each State in this paragraph as the ‘‘Secretary’’) may sat- FUND the same proportion as each State received isfy the funding thresholds outlined in the SEC. 102. (a) GRANTS.—From funds reserved under part A of title I of the ESEA of 1965 in first and fourth provisos under this para- under section 101(b)(1) of this title, the Sec- the most recent fiscal year. graph in this Act by making awards through retary shall make supplemental Emergency (c) SUBGRANTS.—From the payment pro- other grant or cooperative agreement mech- Education Relief grants to the Governor of vided by the Secretary under subsection (b), anisms: Provided further, That the Governor each State with an approved application the State educational agency may provide or designee of each State, locality, territory, under section 18002 of division B of the services and assistance to local educational

VerDate Sep 11 2014 08:13 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\CR\FM\A30SE6.061 S30SEPT1 SSpencer on DSK126QN23PROD with SENATE S5978 CONGRESSIONAL RECORD — SENATE September 30, 2020 agencies and non-public schools, consistent flexible schedules to keep children in iso- al, and territorial public health departments, with the provisions of this title. After car- lated groups, purchasing box lunches so that and other relevant agencies, to improve co- rying out the reservation of funds in section children can eat in their classroom, pur- ordinated responses among such entities to 105 of this title, each State shall allocate not chasing physical barriers, providing addi- prevent, prepare for, and respond to less than 90 percent of the remaining grant tional transportation services, repurposing coronavirus. funds awarded to the State under this sec- existing school rooms and space, and improv- (C) Providing principals and others school tion as subgrants to local educational agen- ing ventilation systems. leaders with the resources necessary to ad- cies (including charter schools that are local (B) Developing and implementing proce- dress the needs of their individual schools. educational agencies) in the State in propor- dures and systems to improve the prepared- (D) Providing additional services to ad- tion to the amount of funds such local edu- ness and response efforts of local educational dress the unique needs of low-income chil- cational agencies and charter schools that agencies or non-public schools including co- dren or students, children with disabilities, are local educational agencies received under ordination with State, local, Tribal, and ter- English learners, racial and ethnic minori- part A of title I of the ESEA of 1965 in the ritorial public health departments, and other ties, students experiencing homelessness, most recent fiscal year. The State edu- relevant agencies, to improve coordinated and foster care youth, including how out- cational agency shall make such subgrants responses among such entities to prevent, reach and service delivery will meet the to local educational agencies as follows— prepare for, and respond to coronavirus. needs of each population. (1) one-third of funds shall be awarded not (C) Providing principals and other school (E) Training and professional development less than 15 calendar days after receiving an leaders with the resources necessary to ad- for staff of the local educational agency or award from the Secretary under this section; dress the needs of their individual schools di- non-public school on sanitation and mini- and rectly related to coronavirus. mizing the spread of infectious diseases. (2) the remaining two-thirds of funds shall (D) Providing additional services to ad- (F) Purchasing supplies to sanitize, clean, be awarded only after the local educational dress the unique needs of low-income chil- and disinfect the facilities of a local edu- agency submits to the Governor and the dren or students, children with disabilities, cational agency or non-public school, includ- Governor approves a comprehensive school English learners, racial and ethnic minori- ing buildings operated by such agency. reopening plan for the 2020–2021 school-year, ties, students experiencing homelessness, (G) Purchasing educational technology (in- based on criteria determined by the Gov- and foster care youth, including how out- cluding hardware, software, and ernor in consultation with the State edu- reach and service delivery will meet the connectivity) for students who are served by cational agency (including criteria for the needs of each population. the local educational agency or non-public Governor to carry out subparagraph (A) (E) Training and professional development school that aids in regular and substantive through (C)), that describes how the local for staff of the local educational agency or educational interaction between students educational agency will safely reopen non-public school on sanitation and mini- and their classroom instructors, including schools with the physical presence of stu- mizing the spread of infectious diseases. low-income students and students with dis- dents, consistent with maintaining safe and (F) Purchasing supplies to sanitize, clean, abilities, which may include assistive tech- continuous operations aligned with chal- and disinfect the facilities of a local edu- nology or adaptive equipment. lenging state academic standards. The Gov- cational agency or non-public school, includ- (H) Expanding healthcare and other health ernor shall approve such plans within 30 days ing buildings operated by such agency. services (including mental health services after the plan is submitted, subject to the re- (G) Planning for and coordinating during and supports), including for children at risk quirements in subparagraphs (A) through long-term closures, including for how to proof abuse or neglect. (C). vide meals to eligible students, how to pro- (I) Planning and implementing activities (A) A local educational agency that provide technology for online learning to all related to summer learning and supple- vides in-person instruction for at least 50 students, how to provide guidance for car- mental afterschool programs, including pro- rying out requirements under the Individuals percent of its students where the students viding classroom instruction during the sum- with Disabilities Education Act (20 U.S.C. physically attend school no less than 50 per- mer months and addressing the needs of low- 1401 et seq.) and how to ensure other edu- cent of each school-week, as it was defined income students, students with disabilities, cational services can continue to be provided by the local educational agency prior to the English learners, migrant students, students consistent with all Federal, State, and local coronavirus emergency, shall have its plan experiencing homelessness, and children in requirements. automatically approved. foster care. (H) Purchasing educational technology (in- (B) A local educational agency that does (f) STATE FUNDING.—With funds not other- not provide in-person instruction to any stu- cluding hardware, software, and wise allocated or reserved under this section, dents where the students physically attend connectivity) for students who are served by a State may reserve not more than 1/2 of 1 school in-person shall not be eligible to re- the local educational agency or non-public percent of its grant under this section for ad- ceive a subgrant under paragraph (2). school that aids in regular and substantive ministrative costs and the remainder for (C) A local educational agency that pro- educational interaction between students emergency needs as determined by the State vides in-person instruction to at least some and their classroom instructors, including educational agency to address issues re- students where the students physically at- low-income students and students with dis- sponding to coronavirus, which may be ad- tend school in-person but does not satisfy abilities, which may include assistive tech- dressed through the use of grants or con- the requirements in subparagraph (A) shall nology or adaptive equipment. tracts. have its allocation reduced on a pro rata (I) Expanding healthcare and other health (g) ASSURANCES.—A State, State edu- basis as determined by the Governor. services (including mental health services cational agency, or local educational agency (d) PLAN CONTENTS.—A school reopening and supports), including for children at risk receiving funding under this section shall plan submitted to a Governor under sub- of abuse or neglect. provide assurances, as applicable, that: section (c)(2) shall include, in addition to (J) Planning and implementing activities (1) A State, State educational agency, or any other information necessary to meet the related to summer learning and supple- local educational agency will maintain and criteria determined by the Governor— mental afterschool programs, including pro- expand access to high-quality schools, in- (1) A detailed timeline for when the local viding classroom instruction or online learn- cluding high-quality public charter schools, educational agency will provide in-person in- ing during the summer months and address- and will not— struction, including the goals and criteria ing the needs of low-income students, stu- (A) enact policies to close or prevent the used for providing full-time in-person in- dents with disabilities, English learners, mi- expansion of such schools to address revenue struction to all students; grant students, students experiencing home- shortfalls that result in the disproportionate (2) A description of how many days of in- lessness, and children in foster care. closure or denial of expansion of public char- person instruction per calendar week the (2) A local educational agency that re- ter schools that are otherwise meeting the local educational agency plans to offer to ceives funds under subsection (c)(2) may use terms of their charter for academic achieve- students during the 2020–2021 school year; the funds for activities to carry out a comment; or and prehensive school reopening plan as de- (B) disproportionally reduce funding to (3) An assurance that the local educational scribed in this section, including: charter schools or otherwise increase fund- agency will offer students as much in-person (A) Purchasing personal protective equip- ing gaps between charter schools and other instruction as is safe and practicable, con- ment, implementing flexible schedules to public schools in the local educational agen- sistent with maintaining safe and contin- keep children in isolated groups, purchasing cy. uous operations aligned with challenging box lunches so that children can eat in their (2) Allocations of funding and services pro- state academic standards. classroom, purchasing physical barriers, provided from funds provided in this section to (e) USES OF FUNDS.— viding additional transportation services, public charter schools are made on the same (1) A local educational agency or non-pub- repurposing existing school rooms and space, basis as is used for all public schools, con- lic school that receives funds under sub- and improving ventilation systems. sistent with state law and in consultation section (c)(1) or section 105 may use funds for (B) Developing and implementation of pro- with charter school leaders. any of the following: cedures and systems to improve the pre- (h) REPORT.—A State receiving funds under (A) Activities to support returning to in- paredness and response efforts of local edu- this section shall submit a report to the Sec- person instruction, including purchasing per- cational agencies or non-public schools, in- retary, not later than 6 months after receiv- sonal protective equipment, implementing cluding coordination with State, local, Trib- ing funding provided in this Act, in such

VerDate Sep 11 2014 08:13 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\CR\FM\A30SE6.061 S30SEPT1 SSpencer on DSK126QN23PROD with SENATE September 30, 2020 CONGRESSIONAL RECORD — SENATE S5979 manner and with such subsequent frequency the most recent fiscal year and the total graph that were previously designated by the as the Secretary may require, that provides number of Pell Grant recipients at all such Congress as an emergency requirement pur- a detailed accounting of the use of funds pro- institutions; suant to the Balanced Budget and Emer- vided under this section. (ii) 20 percent according to a ratio equiva- gency Deficit Control Act of 1985 are des- (i) REALLOCATION.—A State shall return to lent to the total number of students enrolled ignated by the Congress as an emergency re- the Secretary any funds received under this at such institution at the end of the school quirement pursuant to section 251(b)(2)(A)(i) section that the State does not award within year preceding the beginning of that fiscal of the Balanced Budget and Emergency Def- 4 months of receiving such funds and the year and the number of students enrolled at icit Control Act of 1985. Secretary shall deposit such funds into the all such institutions; and (3) No funds received by an institution of general fund of the Treasury. (iii) 10 percent according to a ratio equiva- higher education under this section shall be (j) RULE OF CONSTRUCTION.— lent to the total endowment size at all eligi- used to fund contractors for the provision of (1) The receipt of any funds authorized or ble institutions at the end of the school year pre-enrollment recruitment activities; en- appropriated under this section, including preceding the beginning of that fiscal year dowments; or capital outlays associated with pursuant to section 105 of this Act, by a non- and the total endowment size at such insti- facilities related to athletics, sectarian in- profit entity, or by any individual who has tutions; struction, or religious worship. been admitted or applied for admission to (B) For eligible institutions under section (4) An institution of higher education that such entity (or any parent or guardian of 326 of the Higher Education Act, the Sec- was required to remit payment to the Inter- such individual), shall not be construed to retary shall allot to each eligible institution nal Revenue Service for the excise tax based render such entity or person a recipient of an amount in proportion to the award re- on investment income of private colleges and Federal financial assistance for any purpose, ceived from funding for such institutions in universities under section 4968 of the Inter- nor shall any such person or entity be re- the Further Consolidated Appropriations nal Revenue Code of 1986 for tax year 2019 quired to make any alteration to its existing Act, 2020 (Public Law 116–94); shall have their allocation under this section programs, facilities, or employment prac- (C) For eligible institutions under section reduced by 50 percent and may only use tices except as required under this section. 316 of the Higher Education Act, the Sec- funds for activities described in paragraph (2) No State participating in any program retary shall allot funding according to the (c)(2). This paragraph shall not apply to an under this section, including pursuant to formula in section 316(d)(3) of the Higher institution of higher education designated by section 105 of this Act, shall impose any pen- Education Act; and the Secretary as an eligible institution alty or additional requirement upon, or oth- (D) Notwithstanding section 318(f) of the under section 448 of the Higher Education erwise disadvantage, such entity or person as Higher Education Act, for eligible institu- Act of 1965. a consequence or condition of its receipt of tions under section 318 of the Higher Edu- (e) REPORT.—An institution receiving such funds. cation Act, the Secretary shall allot funding funds under this section shall submit a re- (3) No State participating in any program according to the formula in section 318(e) of port to the Secretary, not later than 6 under this section shall authorize any person the Higher Education Act. months after receiving funding provided in or entity to use any funds authorized or ap- (3) 5 percent for grants to institutions of this Act, in such manner and with such sub- propriated under this section, including pur- higher education that the Secretary deter- sequent frequency as the Secretary may re- suant to section 105 of this Act, except as mines, through an application process and quire, that provides a detailed accounting of provided by subsection (e), nor shall any after allocating funds under paragraphs the use of funds provided under this section. such State impose any limits upon the use of 104(a)(1) and (2) of this Act, have the greatest (f) REALLOCATION.—Any funds allocated to any such funds except as provided by sub- unmet needs related to coronavirus. In an institution of higher education under this section (e). awarding funds to institutions of higher edu- section on the basis of a formula described in HIGHER EDUCATION EMERGENCY RELIEF FUND cation under this paragraph the Secretary subsection (a)(1) or (a)(2) but for which an in- shall prioritize institutions of higher edu- SEC. 104. (a) IN GENERAL.—From funds re- stitution does not apply for funding within cation— served under section 101(b)(3) of this title the 60 days of the publication of the notice invit- (A) described under title I of the Higher Secretary shall allocate amounts as follows: ing applications, shall be reallocated to eli- Education Act of 1965 that were not eligible (1) 85 percent to each institution of higher gible institutions that had submitted an ap- to receive an award under section 104(a)(1) of education described in section 101 or section plication by such date. this title, including institutions described in 102(c) of the Higher Education Act of 1965 to ASSISTANCE TO NON-PUBLIC SCHOOLS section 102(b) of the Higher Education Act of prevent, prepare for, and respond to 1965; and SEC. 105. (a) FUNDS AVAILABILITY.—From coronavirus, by apportioning it— (B) that otherwise demonstrate significant the payment provided by the Secretary (A) 90 percent according to the relative needs related to coronavirus that were not under section 103 of this title to a State edu- share of full-time equivalent enrollment of addressed by funding allocated under sub- cational agency, the State educational agen- Federal Pell Grant recipients who were not sections (a)(1) or (a)(2) of this section. cy shall reserve an amount of funds equal to exclusively enrolled in distance education (b) DISTRIBUTION.—The funds made avail- the percentage of students enrolled in non- courses prior to the coronavirus emergency; able to each institution under subsection public elementary and secondary schools in and (a)(1) shall be distributed by the Secretary the State prior to the coronavirus emer- (B) 10 percent according to the relative using the same systems as the Secretary gency. Upon reserving funds under this sec- share of full-time equivalent enrollment of otherwise distributes funding to each insti- tion, the Governor of the State may award students who were not Federal Pell Grant re- tution under title IV of the Higher Edu- subgrants— cipients who were not exclusively enrolled in cation Act of 1965 (20 U.S.C. 1001 et seq.). (1) to eligible scholarship-granting organi- distance education courses prior to the (c) USES OF FUNDS.—An institution of high- zations for carrying out section 6001 of divi- coronavirus emergency. er education receiving funds under this sec- sion A of this Act; and (2) 10 percent for additional awards under tion may use the funds received to: (2) to non-public schools accredited or oth- parts A and B of title III, parts A and B of (1) defray expenses associated with erwise located in and licensed to operate in title V, and subpart 4 of part A of title VII coronavirus (including lost revenue, reim- the State based on the number of students of the Higher Education Act to address needs bursement for expenses already incurred, enrolled in the non-public school prior to the directly related to coronavirus, that shall be technology costs associated with a transi- coronavirus emergency, subject to the re- in addition to awards made in section tion to distance education, faculty and staff quirements in subsection (b). 104(a)(1) of this title, and allocated by the trainings, and payroll); and (b)(1) A non-public school that provides in- Secretary proportionally to such programs (2) provide financial aid grants to students person instruction for at least 50 percent of based on the relative share of funding appro- (including students exclusively enrolled in its students where the students physically priated to such programs in the Further Con- distance education), which may be used for attend school no less than 50 percent of each solidated Appropriations Act, 2020 (Public any component of the student’s cost of at- school-week, as determined by the non-pub- Law 116–94) and distributed to eligible insti- tendance or for emergency costs that arise lic school prior to the coronavirus emer- tutions of higher education, except as other- due to coronavirus. gency, shall be eligible for the full amount of wise provided in subparagraphs (A)–(D), on (d) SPECIAL PROVISIONS.— assistance per student as prescribed under the basis of the formula described in section (1) A Historically Black College and Uni- this section. 104(a)(1) of this title: versity or a Minority Serving Institution (2) A non-public school that does not pro- (A) Except as otherwise provided in sub- may use prior awards provided under titles vide in-person instruction to any students paragraph (B), for eligible institutions under III, V, and VII of the Higher Education Act where the students physically attend school part B of title III and subpart 4 of part A of to prevent, prepare for, and respond to in-person shall only be eligible for one-third title VII of the Higher Education Act, the coronavirus. of the amount of assistance per student as Secretary shall allot to each eligible institu- (2) An institution of higher education re- prescribed under this section. tion an amount using the following formula: ceiving funds under section 18004 of division (3) A non-public school that provides in- (i) 70 percent according to a ratio equiva- B of the CARES Act (Public Law 116–136) person instruction to at least some students lent to the number of Pell Grant recipients may use those funds under the terms and where the students physically attend school in attendance at such institution at the end conditions of section 104(c) of this Act. in-person but does not satisfy the require- of the school year preceding the beginning of Amounts repurposed pursuant to this para- ments in paragraph (1) shall have its amount

VerDate Sep 11 2014 08:13 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\CR\FM\A30SE6.061 S30SEPT1 SSpencer on DSK126QN23PROD with SENATE S5980 CONGRESSIONAL RECORD — SENATE September 30, 2020 of assistance as prescribed under this section and poultry depopulated due to insufficient Emergency Deficit Control Act of 1985 and reduced on a pro rata basis, which shall be processing access and growers who produce subsequently so designated by the President, calculated using the same methodology as is livestock or poultry under a contract for an- and transferred pursuant to transfer authori- used under section 103(c)(2)(C) of this title. other entity: Provided, That such amount is ties provided by this Act shall retain such (c) A Governor shall allocate not less than designated by the Congress as being for an designation. 50 percent of the funds reserved in this sec- emergency requirement pursuant to section BUDGETARY EFFECTS tion to non-public schools or eligible schol- 251(b)(2)(A)(i) of the Balanced Budget and SEC. 407. (a) STATUTORY PAYGO SCORE- arship-granting organizations within 30 days Emergency Deficit Control Act of 1985. CARDS.—The budgetary effects of this divi- of receiving an award from the Secretary and TITLE III sion shall not be entered on either PAYGO the remaining 50 percent not less than 4 DEPARTMENT OF COMMERCE scorecard maintained pursuant to section months after receiving an award from the 4(d) of the Statutory Pay As-You-Go Act of FISHERIES DISASTER ASSISTANCE Secretary. 2010. CONTINUED PAYMENT TO EMPLOYEES For an additional amount for ‘‘Fisheries (b) SENATE PAYGO SCORECARDS.—The Disaster Assistance’’, $500,000,000, to remain SEC. 106. A local educational agency, State, budgetary effects of this division shall not be available until September 30, 2021, to pre- institution of higher education, or other en- entered on any PAYGO scorecard maintained vent, prepare for, and respond to tity that receives funds under ‘‘Education for purposes of section 4106 of H. Con. Res. 71 coronavirus, domestically or internation- Stabilization Fund’’, shall to the greatest ex- (115th Congress). ally, which shall be for activities authorized tent practicable, continue to pay its employ- (c) CLASSIFICATION OF BUDGETARY EF- under section 12005 of the Coronavirus Aid, ees and contractors during the period of any FECTS.—Notwithstanding Rule 3 of the Budg- Relief, and Economic Security Act (Public disruptions or closures related to et Scorekeeping Guidelines set forth in the Law 116–136): Provided, That the formula pre- joint explanatory statement of the com- coronavirus. scribed by the Secretary of Commerce to al- mittee of conference accompanying Con- DEFINITIONS locate the amount provided under this head- ference Report 105–217 and section 250(c)(7) SEC. 107. Except as otherwise provided in ing in this Act shall be divided proportion- and (c)(8) of the Balanced Budget and Emer- sections 101–106 of this title, as used in such ally to States, Tribes, and territories and gency Deficit Control Act of 1985, the budg- sections— shall be the same as the formula used for etary effects of this division shall be esti- (1) the terms ‘‘elementary education’’ and funds appropriated under section 12005 of mated for purposes of section 251 of such Act. ‘‘secondary education’’ have the meaning Public Law 116–136, but shall be calculated to (d) ENSURING NO WITHIN-SESSION SEQUES- given such terms under State law; also evenly weight the 5-year total annual TRATION.—Solely for the purpose of calcu- (2) the term ‘‘institution of higher edu- average domestic landings for each State, lating a breach within a category for fiscal cation’’ has the meaning given such term in Tribe, and territory: Provided further, That year 2020 pursuant to section 251(a)(6) or sec- title I of the Higher Education Act of 1965 (20 the amount provided under this heading in tion 254(g) of the Balanced Budget and Emer- U.S.C. 1001 et seq.); this Act shall only be allocated to States of gency Deficit Control Act of 1985, and not- (3) the term ‘‘Secretary’’ means the Sec- the United States in, or bordering on, the withstanding any other provision of this di- retary of Education; Atlantic, Pacific, or Arctic Ocean, or the vision, the budgetary effects from this divi- (4) the term ‘‘State’’ means each of the 50 Gulf of Mexico, as well as to Puerto Rico, the sion shall be counted as amounts designated States, the District of Columbia, and the Virgin Islands, Guam, the Commonwealth of as being for an emergency requirement pur- Commonwealth of Puerto Rico; the Northern Mariana Islands, American suant to section 251(b)(2)(A) of such Act. (5) the term ‘‘cost of attendance’’ has the Samoa, Federally Recognized Tribes on the This division may be cited as the meaning given such term in section 472 of West Coast, and Federally Recognized Tribes ‘‘Coronavirus Response Additional Supple- the Higher Education Act of 1965. in Alaska: Provided further, That no State, mental Appropriations Act, 2020’’. (6) the term ‘‘Non-public school’’ means a Tribe, or territory shall receive a total non-public elementary and secondary school amount in a fiscal year that is from amounts By Ms. HIRONO (for herself, Mr. that (A) is accredited, licensed, or otherwise provided under either section 12005 of Public BROWN, Mrs. MURRAY, Mr. operates in accordance with State law; and Law 116–136 or amounts provided under this SANDERS, Ms. DUCKWORTH, Mr. (B) was in existence prior to the date of the heading in this Act that exceeds that State, SCHATZ, Mr. CARDIN, and Ms. qualifying emergency for which grants are Tribe, or territory’s total annual average WARREN): awarded under this section; revenue from commercial fishing operations, S. 4777. A bill to restore leave lost by (7) the term ‘‘public school’’ means a pub- aquaculture firms, the seafood supply chain, Federal employees during certain public elementary or secondary school; and and charter fishing businesses: Provided fur- (8) any other term used that is defined in ther, That such amount is designated by the lic health emergencies, and for other section 8101 of the Elementary and Sec- Congress as being for an emergency require- purposes; to the Committee on Home- ondary Education Act of 1965 (20 U.S.C. 7801) ment pursuant to section 251(b)(2)(A)(i) of land Security and Governmental Af- shall have the meaning given the term in the Balanced Budget and Emergency Deficit fairs. such section. Control Act of 1985. Ms. HIRONO. Mr. President, today I GENERAL PROVISION—THIS TITLE TITLE IV rise to introduce a bill that provides SEC. 108. Not later than 30 days after the GENERAL PROVISIONS—THIS ACT fairness to our Federal employees who date of enactment of this Act, the Secre- SEC. 401. Each amount appropriated or work day in and day out to help the taries of Health and Human Services and made available by this Act is in addition to government function and serve the Education shall provide a detailed spend amounts otherwise appropriated for the fis- public. The importance of their role plan of anticipated uses of funds made avail- cal year involved. has become even more apparent as our able in this title, including estimated per- SEC. 402. No part of any appropriation con- Nation continues to suffer in the midst sonnel and administrative costs, to the Com- tained in this Act shall remain available for mittees on Appropriations of the House of of a global pandemic. obligation beyond the current fiscal year un- In a normal year, the average Fed- Representatives and the Senate: Provided, less expressly so provided herein. That such plans shall be updated and sub- SEC. 403. Unless otherwise provided for by eral employee can accumulate up to 240 mitted to such Committees every 60 days this Act, the additional amounts appro- hours, or 30 days, of annual leave. At until September 30, 2024: Provided further, priated by this Act to appropriations ac- the end of the year, if a Federal em- That the spend plans shall be accompanied counts shall be available under the authori- ployee has more than 240 hours, they by a listing of each contract obligation in- ties and conditions applicable to such appro- either have to use the amount of leave curred that exceeds $5,000,000 which has not priations accounts for fiscal year 2020. over 240 hours or lose it. These excess previously been reported, including the SEC. 404. In this Act, the term hours are commonly known as ‘‘use or amount of each such obligation. ‘‘coronavirus’’ means SARS–CoV–2 or an- lose’’ leave. other coronavirus with pandemic potential. TITLE II But these are not normal times. We DEPARTMENT OF AGRICULTURE SEC. 405. Each amount designated in this Act by the Congress as being for an emer- are in the middle of a global pandemic AGRICULTURAL PROGRAMS gency requirement pursuant to section and we have a President who lies about OFFICE OF THE SECRETARY 251(b)(2)(A)(i) of the Balanced Budget and how dangerous this virus is and does For an additional amount for the ‘‘Office of Emergency Deficit Control Act of 1985 shall little to address the severity of it. We the Secretary’’, $20,000,000,000, to remain be available (or rescinded or transferred, if see the results, nearly seven million available until expended, to prevent, prepare applicable) only if the President subse- people in the United States have con- for, and respond to coronavirus by providing quently so designates all such amounts and tracted COVID–19 and more than 200,000 support for agricultural producers, growers, transmits such designations to the Congress. and processors impacted by coronavirus, in- SEC. 406. Any amount appropriated by this have died. The United States now has cluding producers, growers, and processors of Act, designated by the Congress as an emer- the unenviable distinction of being the specialty crops, non-specialty crops, dairy, gency requirement pursuant to section Nation with the most COVID–19 cases livestock and poultry, including livestock 251(b)(2)(A)(i) of the Balanced Budget and and the most deaths.

VerDate Sep 11 2014 08:13 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\CR\FM\A30SE6.061 S30SEPT1 SSpencer on DSK126QN23PROD with SENATE September 30, 2020 CONGRESSIONAL RECORD — SENATE S5981 Through all of this, people continue SUBMITTED RESOLUTIONS recommend that all individuals diagnosed to go to work and try to carry out with ovarian cancer receive genetic counseling and genetic testing regardless of their their duties the best they can. In the SENATE RESOLUTION 727—DESIG- family history; Federal Government, there are Na- NATING SEPTEMBER 2020 AS Whereas studies consistently show that tional Institutes of Health researchers, ‘‘NATIONAL OVARIAN CANCER compliance with such guidelines is alarm- Internal Revenue Service workers, So- ingly low, with recently published National AWARENESS MONTH’’ Cancer Institute-funded research finding cial Security staff, law enforcement of- Ms. STABENOW (for herself, Ms. that in 2013 and 2014, only 1⁄3 of ovarian can- ficers, and others, working each day to MURKOWSKI, Mrs. FEINSTEIN, Mr. cer survivors had undergone such testing; provide government services to the BROWN, Mr. BLUMENTHAL, Mr. PETERS, Whereas, according to a 2016 consensus report by the National Academy of Medicine, American public. Some are not able to Mr. MENENDEZ, Mr. VAN HOLLEN, and take leave because their job is a crit- ‘‘there remain surprising gaps in the funda- Mrs. CAPITO) submitted the following mental knowledge about and understanding ical part of the response to the pan- resolution; which was referred to the of ovarian cancer’’ across all aspects of the demic. Others are simply unable to Committee on the Judiciary: disease; take leave because they are limiting S. RES. 727 Whereas ongoing investments in ovarian cancer research and education and awareness their exposure to the virus or are fol- Whereas ovarian cancer is the fifth leading efforts are critical to closing these gaps and cause of cancer deaths in women in the lowing state and local rules to prevent improving survivorship for women with ovar- United States and accounts for more deaths the spread of COVID–19. ian cancer; than any other cancer of the female repro- Whereas, each year during the month of To try and address this issue, on Au- ductive system; September, the Ovarian Cancer Research Al- Whereas, in the United States, a woman’s gust 10, the Office of Personnel Man- liance (OCRA) and its community partners lifetime risk of being diagnosed with ovarian agement published an interim rule that hold a number of events to increase public cancer is about 1 in 78; awareness of ovarian cancer and its symp- recognizes the COVID–19 pandemic as Whereas the American Cancer Society esti- an ‘‘exigency of the public business’’ toms; and mates 21,750 new cases of ovarian cancer will Whereas September 2020 should be des- and allows some federal employees to be diagnosed in 2020 and 13,940 people will die ignated as ‘‘National Ovarian Cancer Aware- carry over use or lose leave. However, from the disease nationwide; ness Month’’ to increase public awareness of Whereas the 5-year survival rate for ovar- ovarian cancer: Now, therefore, be it this policy is limited to employees who ian cancer is 46.5 percent, and survival rates are designated as essential by their Resolved, That the Senate— vary greatly depending on the stage of diag- (1) designates September 2020 as ‘‘National agency. nosis; Ovarian Cancer Awareness Month’’; and Whereas the 5-year survival rate for ovar- This contrasts with the Department (2) supports the goals and ideals of Na- ian cancer is over 90 percent for women diag- tional Ovarian Cancer Awareness Month. of Defense which issued a memo on nosed in early stages; April 16, allowing all active-duty serv- Whereas, while the mammogram can de- f ice members to accrue leave in excess tect breast cancer and the Pap smear can de- SENATE RESOLUTION 728—RECOG- of their 60-day limitation, regardless of tect cervical cancer, there is no reliable NIZING THE INSTRUMENTAL early detection test for ovarian cancer; job responsibilities or duty station. All ROLE UNITED STATES GLOBAL Whereas, in June 2007, the first national FOOD SECURITY PROGRAMS, Federal employees contribute to their consensus statement on ovarian cancer agency’s mission, regardless of the job symptoms was developed to provide consist- PARTICULARLY THE FEED THE FUTURE PROGRAM, HAVE they hold. No one should lose earned ency in describing symptoms and make it easier for women to learn and remember PLAYED IN REDUCING GLOBAL annual leave due to this pandemic. those symptoms; POVERTY, BUILDING RESILIENCE To resolve this inequity, I am intro- Whereas too many people remain unaware AND TACKLING HUNGER AND ducing the Federal Worker Leave Fair- that the symptoms of ovarian cancer often MALNUTRITION AROUND THE include bloating, pelvic or abdominal pain, ness Act which will allow all Federal WORLD, AND CALLING FOR CON- difficulty eating or feeling full quickly, uri- TINUED INVESTMENT IN GLOBAL employees to carry over annual leave nary symptoms, and several other vague above the 240 hour cap, regardless of symptoms that are often easily confused FOOD SECURITY IN THE FACE OF whether they are considered essential. with other diseases; THE ECONOMIC IMPACT OF COVID–19 My bill also resolves this issue for fu- Whereas improved awareness of the symptoms of ovarian cancer by the public and ture pandemics declared a national Mr. CASEY (for himself and Mr. health care providers can lead to a quicker RISCH) submitted the following resolu- public health emergency by allowing diagnosis; tion; which was referred to the Com- Whereas the lack of an early detection test ‘‘use or lose’’ leave to be rolled over mittee on Foreign Relations: during the emergency declaration. for ovarian cancer, combined with its vague symptoms, mean that approximately 80 per- S. RES. 728 This legislation is being introduced cent of cases of ovarian cancer are detected Whereas food security and nutrition are in the House by Representatives DEREK at an advanced stage; fundamental to human development, par- KILMER and JENNIFER WEXTON and is Whereas all women are at risk for ovarian ticularly in the critical 1,000 day window cancer, but approximately 20 percent of until a child’s second birthday, and per- supported by the National Treasury women who are diagnosed with ovarian can- sistent hunger and malnutrition stunt chil- Employees Union; American Federa- cer have a hereditary predisposition to ovar- dren’s mental and physical development and tion of Government Employees; Fed- ian cancer, which places them at even higher hinder the health, prosperity, and security of eral Law Enforcement Officers Associa- risk; societies; tion; International Federation of Pro- Whereas scientists and physicians have un- Whereas food insecurity and malnutrition covered changes in the BRCA genes that in low- and middle-income countries force fessional and Technical Engineers; Na- some women inherit from their parents, tens of millions of people into poverty, con- tional Federation of Federal Employ- which may make those women 30 times more tribute to political and social instability, ees; Federal Managers Association; likely to develop ovarian cancer; and erode economic growth; FAA Managers Association; National Whereas the family history of a woman has Whereas in its 2014 Worldwide Threat As- Active and Retired Federal Employees been found to play an important role in ac- sessment of the United States, the United curately assessing a woman’s risk of devel- States intelligence community reported that Association; and the American Federa- oping ovarian cancer, and medical experts the ‘‘lack of adequate food will be a desta- tion of State, County and Municipal believe that family history should be taken bilizing factor in countries important to Employees. into consideration during the annual well- United States national security’’ and has woman visit of any woman; since consistently linked global food insecu- This bill is a small act of fairness in Whereas women who know that they are at rity to broader instability; an otherwise stressful and over- high risk of ovarian cancer may undertake Whereas, despite decades of progress, the whelming year. I urge my colleagues to prophylactic measures to help reduce the State of Food Security and Nutrition in the support this bill in recognition of our risk of developing this disease; World report for 2020 indicates that global hardworking federal workforce. Whereas guidelines issued by the National hunger has increased since 2014, with Comprehensive Cancer Network (NCCN) and 2,000,000,000 people worldwide currently expe- I yield the floor. the Society of Gynecologic Oncology (SGO) riencing food insecurity, of which nearly

VerDate Sep 11 2014 09:09 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\CR\FM\A30SE6.064 S30SEPT1 SSpencer on DSK126QN23PROD with SENATE S5982 CONGRESSIONAL RECORD — SENATE September 30, 2020 750,000,000 people are facing severe food inse- equipping women with adequate tools, train- the Future program’s needs-based, multi-sec- curity, and 10,000,000 more people having falling, and technology for small-scale agri- toral approach; and en into hunger between 2018 and 2019, culture; (B) contribute to the development of an up- 144,000,000 children stunted, and 47,000,0000 Whereas Feed the Future investments ben- dated Global Food Security Strategy and a children experiencing wasting; efit communities in the United States as Global Food Security Research Strategy in Whereas the COVID–19 pandemic has ex- well, including by increasing United States 2021 to guide and inform Feed the Future ac- posed vulnerabilities in global food systems trade and agricultural exports to Feed the tivities between 2022 and 2026. and food supply chains, and has severely ex- Future countries by more than $1,400,000,000 f acerbated existing food security shocks, such since inception; and as the Fall Army Worm and desert locust in- Whereas Feed the Future investments in SENATE RESOLUTION 729—RECOG- festations in the Horn of Africa region, par- international agricultural research and de- NIZING THE 25TH ANNIVERSARY ticularly in Kenya, Ethiopia, and Somalia, velopment through partnerships with United OF THE DAYTON PEACE AC- as well as parts of Asia and the Middle East, States universities and land-grant institu- CORDS which already represented an unprecedented tions, international research systems, such threat to global food security and liveli- as the Consortium of International Agricul- Mr. BROWN (for himself and Mr. hoods; tural Research Centers, and other organiza- PORTMAN) submitted the following res- Whereas the COVID–19 pandemic and its tions will help the United States agricul- olution; which was referred to the second-order impacts are expected to dra- tural sector prepare for, adapt to, and re- Committee on Foreign Relations: matically worsen the state of global food se- main resilient amid evolving threats; Now, S. RES. 729 curity and nutrition, with preliminary as- therefore, be it Whereas December 14, 2020, marks the 25th sessments predicting a doubling of severe Resolved, That the Senate— anniversary of the Dayton Peace Accords hunger (from 135,000,000 to 265,000,000 people) (1) supports continued investment in that ended the war in Bosnia and and an increase in child wasting (from United States global food security programs, Herzegovina and brought peace to Bosnia 47,000,000 to 52,000,000) by the end of 2020; and particularly through the Feed the Fu- and Herzegovina; Whereas the United States has been a glob- Whereas ethnic cleansing and concentra- al leader in addressing food insecurity on a ture program’s comprehensive, multi-sec- bipartisan basis and across Administrations, toral, transparent, data and results-driven tion camps were used as a tool of war against particularly in response to the global food approach toward reducing hunger, poverty, Bosnian Muslim men, women, and children, price crisis in 2007–2008 and subsequent and malnutrition in low- and middle-income culminating in the July 1995 genocide at launch of the whole-of-government, United countries; Srebrenica, where 8,000 Muslim men and States Agency for International Develop- (2) recognizes the need to deepen and ex- teenagers were detained and killed; ment-led, Feed the Future program in 2010; tend these efforts in order to achieve the Whereas the North Atlantic Treaty Organi- Whereas the late Senator Richard Lugar of global goal of ending hunger by 2030, particu- zation (NATO) and the United States initi- Indiana was instrumental in advancing larly in the face of unprecedented challenges ated airstrikes against Bosnian Serbs to stop United States efforts to reduce global pov- posed by the COVID–19 pandemic, political grave human rights abuses, which led to erty through smart investments in agri- and social instability, high levels of human ceasefire negotiations and the peace accords; culture and food security, including through displacement, gender inequities, extreme Whereas negotiations began on November his stewardship of the Global Food Security natural shocks, and the increasing preva- 1, 1995, in Dayton, Ohio, at Wright-Patterson Acts of 2008 and 2009, support for the launch lence of invasive agricultural pests, such as Air Force Base, led by then-negotiator Rich- of the Feed the Future program in 2010, and desert locusts and the Fall Army Worm; ard Holbrooke and then-Secretary of State continued advocacy to formally authorize (3) supports United States Government ef- Warren Christopher, with Chairman of the the Feed the Future program through enact- forts to focus on improving nutrition and Presidency of Bosnia and Herzegovina Alija ment of the Global Food Security Act of 2016 health, building resilience, integrating Izetbegovic´, President of the Republic of Ser- (Public Law 114–195) and the Global Food Se- water, sanitation, and hygiene and empow- bia Slobodan Milosˇevic´, President of the Re- curity Reauthorization Act of 2018 (Public ering women, youth, and smallholder farm- public of Croatia Franjo Tudjman, European Law 115–266); ers; Union Special Representative Carl Bildt, Whereas the Global Food Security Act of (4) calls on the United States Agency for First Deputy Foreign Minister of Russia Igor 2016 (Public Law 114–195), as enacted in 2016 International Development to— Ivanov, and representatives from the United and reauthorized in 2018, required the devel- (A) annually review the Feed the Future Kingdom, France, Germany, and Italy; opment and implementation of a comprehen- program and, as appropriate, expand the list Whereas, after days of extensive discus- sive United States Government Global Food of target countries, including those in fragile sions, a historic peace agreement was signed Security Strategy and codified the Feed the contexts; on December 14, 1995, to halt the conflict and Future framework, strengthening its ac- (B) include information on all countries bring peace to the region; countability and transparency mechanisms, benefitting from direct Feed the Future in- Whereas, despite seemingly insurmount- deepening interagency engagement, and en- vestments, to include both focus and aligned able differences in opinions, the negotiations gaging a broad coalition of stakeholders, in- countries, in annual reporting in order to succeeded due to dedicated foreign service cluding faith-based and civil society organi- further enhance the program’s commitment professionals, a common yearning for a zations, universities and research institu- to transparency and impact; peaceful resolution, and an outpouring of tions, the United States private sector, and (C) develop a robust multi-sectoral learn- support from the global community; United States farm and commodity organiza- ing agenda for maternal and child malnutri- Whereas the General Framework Agree- tions; tion and its causes, with a focus on the 1,000 ment for Peace in Bosnia and Herzegovina, Whereas Feed the Future investments have day window until a child’s second birthday; also known as the Dayton Peace Accords, helped transform countries’ food systems (D) strongly amplify the critical role of laid the groundwork for NATO and European and improve their own food security and nu- women and smallholder farmers in enhanc- Union (EU) stabilization missions over the trition, with investments currently focused ing food security and catalyzing agriculture- past 25 years, which have allowed the citi- in twelve target countries and 35 aligned led economic growth; and zens of Bosnia and Herzegovina to live peace- countries and regions in Asia, Central Amer- (E) advance the New Partnerships Initia- fully and prosper; ica, and east, southern, and west Africa; tive by promoting, building the capacity of, Whereas the Dayton Literary Peace Prize, Whereas according to its most recent and entering into partnerships with locally- established in 2006, remains the only literary progress report, Feed the Future has helped led organizations under the Feed the Future peace prize awarded in the United States and more than 23,400,000 people lift themselves program; recognizes the power of the written word to out of poverty, prevented 3,400,000 children (5) calls on the relevant Federal agencies promote peace, and after the death of Am- from being stunted, and ensured that identified under the United States Govern- bassador Holbrooke in 2011, the Lifetime 5,200,000 families no longer suffer from hun- ment Global Food Security Strategy, includ- Achievement Award was renamed the Rich- ger in areas where the program operates; ing the United States Departments of State, ard C. Holbrooke Distinguished Achievement Whereas Feed the Future is making signifi- Agriculture, Commerce, and Treasury, and Award; cant progress towards building local capac- the United States Agency for International Whereas the peace negotiations were ity and resilience by promoting inclusive Development, the Millennium Challenge Cor- strongly supported by the City of Dayton, economic growth, strengthening monitoring poration, the International Development Fi- Ohio, its leaders, and community, creating and evaluation, implementing sustainable nance Corporation, the Peace Corps, the Of- strong relationships between all parties in- agricultural practices, risk management, im- fice of the United States Trade Representa- volved, including a sister city relationship proving forecasting and adaptation, and tive, the U.S. Africa Development Founda- with Sarajevo; building the agricultural capacity of rural tion, and the U.S. Geological Survey, to— Whereas the United States Government re- communities; (A) continue to advance global food secu- affirms support for Bosnia and Herzegovina’s Whereas Feed the Future also is advancing rity as a United States foreign assistance sovereignty and upholds the commitment to women’s economic empowerment by pro- priority, enhance inter-agency coordination equality for all ethnicities according to the viding targeted technical assistance to under the Global Food Security Strategy, General Framework Agreement for Peace in women working in agricultural systems and and align relevant programs with the Feed Bosnia and Herzegovina; and

VerDate Sep 11 2014 09:09 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\CR\FM\A30SE6.060 S30SEPT1 SSpencer on DSK126QN23PROD with SENATE September 30, 2020 CONGRESSIONAL RECORD — SENATE S5983 Whereas, since the signing of the Dayton mitted the following resolution; which (1) innovating to provide virtual program- Peace Accords, the Government and people was considered and agreed to: ming to keep children engaged; of Bosnia and Herzegovina have been work- (2) caring for children of essential workers; S. RES. 730 ing in partnership with the international (3) providing meals and learning supports; community towards building a peaceful and Whereas 2020 marks the 57th anniversary of and democratic society based on the rule of law, ‘‘National Small Business Week’’; (4) supporting the wellbeing of children and respect for human rights, and a free-market Whereas every President for more than families; economy: Now, therefore, be it half a century has proclaimed a week cele- Whereas high-quality afterschool programs Resolved, That the Senate— brating the significance of small businesses and high-quality expanded learning opportu- (1) condemns human rights abuses that across the United States; nities provide students with hands-on, en- took place during the conflict in Bosnia and Whereas there are more than 30,000,000 gaging lessons that are aligned with the Herzegovina, and reconfirms the joint United small businesses in the United States; school day; Whereas high-quality afterschool programs States and EU commitment to promote and Whereas small businesses in the United complement regular and expanded school protect human rights, democracy, and the States— days and support working families by ensur- rule of law worldwide; (1) employ nearly half of the workforce of ing that the children of those families are (2) commends the commitment of the Gov- the United States; safe and productive during the hours parents ernment and people of Bosnia and (2) make up 99.7 percent of all employers in are working; Herzegovina to peace and cooperation 25 the United States; (3) employ veterans; Whereas high-quality afterschool programs years after the Dayton Peace Accords; (4) produce 1⁄3 of the exports of the United engage families, schools, and diverse commu- (3) encourages the Government of Bosnia States; and nity partners in advancing the well-being of and Herzegovina to continue pursuing NATO (5) account for nearly half of private sector children and youth in the United States; and EU membership; output; Whereas high-quality afterschool programs (4) encourages the Government of Bosnia Whereas, as of 2020, 9.1 percent of all small that partner with high-quality community- and Herzegovina to continue its progress to- business owners in the United States are vet- based organizations build stronger commu- wards solving its constitutional issues and erans; nities by integrating schools with the larger improving its economic policy as it advances Whereas, on July 30, 1953, Congress created community; and towards NATO and EU memberships; the Small Business Administration to aid, Whereas Lights On Afterschool, a national (5) reiterates the importance of the Dayton counsel, assist, and protect the small busi- celebration of afterschool, before-school, Peace Accords as the basis of constitutional ness community; and summer, and expanded learning opportuni- reform in Bosnia and Herzegovina and the Whereas 2 out of every 3 new jobs in the ties programs held on October 22, 2020, high- promotion of political, economic, legal, and United States are created by small busi- lights the critical importance of those high- religious equality through the goals and val- nesses: Now, therefore, be it quality programs to children and the fami- ues laid out by the EU; Resolved, That the Senate— lies and communities of those children: Now, (6) urges the Government of Bosnia and (1) supports the designation of the week be- therefore, be it Herzegovina to pursue constitutional re- ginning September 20, 2020, as ‘‘National Resolved, That the Senate supports Lights forms, needed to reconcile the past to seek Small Business Week’’; On Afterschool, a national celebration of empathy and respect as foundations to build (2) celebrates the entrepreneurial spirit of afterschool programs held on October 22, a common future; the small business owner in the United 2020. (7) urges the United States Government to States; f work closely with the governments of the (3) understands the importance of creating countries that border Bosnia and a small business climate that allows for sus- SENATE RESOLUTION 732—DESIG- Herzegovina—especially those who are sig- tained economic recovery; NATING NOVEMBER 7, 2020, AS natories of the Dayton Peace Accords—to (4) celebrates the invaluable contribution ‘‘NATIONAL BISON DAY’’ support full implementation of the Stabiliza- small businesses make to the United States Mr. HOEVEN (for himself, Mr. HEIN- tion and Association Agreement between the as the backbone of the economy; EU and the Balkan States, which requires re- (5) supports increasing consumer aware- RICH, Mr. MORAN, Mr. ROBERTS, Mr. gional cooperation; and ness of the value and opportunity small busi- CRAMER, Mr. TESTER, Ms. SMITH, Ms. (8) recognizes the State of Ohio and the nesses bring to their local communities; BALDWIN, Mrs. MURRAY, Mr. THUNE, Mr. greater Dayton community for their role in (6) understands the importance of pro- BRAUN, Mr. UDALL, Mr. WHITEHOUSE, fostering the Dayton Peace Accords, and for viding more access and resources to minor- Mr. INHOFE, Mr. CORNYN, Mr. ENZI, Mr. continuing to support diplomacy, security, ity-owned and underserved firms; and BOOZMAN, Mr. ROUNDS, Mr. PORTMAN, and peace around the world. (7) understands the need to provide further Mr. SCHUMER, Ms. WARREN, Mr. MAR- f assistance and relief to the small businesses KEY, and Mr. BENNET) submitted the of the United States during unprecedented following resolution; which was consid- SENATE RESOLUTION 730—SUP- times. ered and agreed to: PORTING THE DESIGNATION OF f S. RES. 732 THE WEEK BEGINNING SEP- SENATE RESOLUTION 731—SUP- TEMBER 20, 2020, AS ‘‘NATIONAL Whereas, on May 9, 2016, the North Amer- PORTING LIGHTS ON AFTER- ican bison was adopted as the national mam- SMALL BUSINESS WEEK’’ AND SCHOOL, A NATIONAL CELEBRA- mal of the United States; COMMENDING THE ENTREPRE- TION OF AFTERSCHOOL PRO- Whereas bison are considered a historical NEURIAL SPIRIT OF THE SMALL GRAMS HELD ON OCTOBER 22, and cultural symbol of the United States; BUSINESS OWNERS OF THE Whereas bison are integrally linked with 2020 UNITED STATES AND THEIR IM- the economic and spiritual lives of many In- PACT ON THEIR COMMUNITIES Ms. COLLINS (for herself, Ms. SMITH, dian Tribes through trade and sacred cere- Mr. BRAUN, Mr. ROBERTS, Mr. KAINE, monies; Mr. MCCONNELL (for Mr. RUBIO (for Ms. WARREN, and Mr. CASEY) submitted Whereas there are approximately 70 Indian himself, Mr. CARDIN, Mr. CORNYN, Ms. the following resolution; which was Tribes participating in the InterTribal Buf- CORTEZ MASTO, Mr. GRASSLEY, Ms. falo Council, which is a Tribal organization considered and agreed to: CANTWELL, Mr. RISCH, Ms. KLOBUCHAR, incorporated pursuant to section 17 of the S. RES. 731 Mr. KENNEDY, Mr. VAN HOLLEN, Mr. Act of June 18, 1934 (commonly known as the BLUNT, Mr. CARPER, Mrs. BLACKBURN, Whereas more than 30,000,000 children in ‘‘Indian Reorganization Act’’) (48 Stat. 988, the United States have parents who work chapter 576; 25 U.S.C. 5124); Mr. BOOKER, Mr. HOEVEN, Mr. DURBIN, outside the home; Whereas numerous members of Indian Mr. GARDNER, Mr. COONS, Mr. Whereas high-quality programs that ex- Tribes are involved in bison restoration on LANKFORD, Mrs. SHAHEEN, Mrs. FISCH- pand learning opportunities for children, Tribal land; ER, Mr. WHITEHOUSE, Mr. CRAPO, Ms. such as afterschool, before-school, summer, Whereas members of Indian Tribes have a HIRONO, Mr. ALEXANDER, Mr. BROWN, and expanded learning opportunities, provide combined herd of almost 20,000 bison on more Mr. PORTMAN, Mr. WYDEN, Ms. ERNST, safe, challenging, engaging, and fun learning than 1,000,000 acres of Tribal land; Mr. MERKLEY, Ms. MCSALLY, Ms. experiences, including experiences that en- Whereas bison play an important role in ROSEN, Mr. ROUNDS, Mr. PETERS, Mr. courage the study of science, technology, en- the landscapes and grasslands of the United gineering, and math that help children and States; HAWLEY, Ms. DUCKWORTH, Mrs. FEIN- youth develop social, emotional, physical, Whereas bison hold significant economic STEIN, Mr. HEINRICH, Mr. WICKER, Mrs. cultural, and academic skills; value for private producers and rural com- HYDE-SMITH, Mr. TILLIS, Mr. CRAMER, Whereas, during the COVID–19 crisis, after- munities; Mr. COTTON, Mr. BOOZMAN, Mr. PERDUE, school programs have risen to the moment Whereas, as of 2017, the Department of Ag- Mr. YOUNG, and Mr. ROMNEY)) sub- to support children by— riculture estimates that 182,780 head of bison

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were under the stewardship of private pro- S. RES. 733 ‘‘older adults’’) are the fastest growing seg- ducers, creating jobs and contributing to the Whereas the Preservation Society of ment of the population in the United States, food security of the United States by pro- Charleston, founded in 1920, is the oldest cit- and the number of older adults in the United viding a sustainable and healthy meat izen-based preservation organization in the States will increase from approximately source; United States; 56,100,000 in 2020 to an estimated 73,100,000 by Whereas a bison has been depicted on the Whereas the Preservation Society of 2030; official seal of the Department of the Inte- Charleston played a critical role in posi- Whereas approximately 30 percent of older rior since 1912; tioning the historic and beautiful city of adults in the United States fall each year, Whereas the Department of the Interior Charleston, South Carolina, as a leader in with each 10-year increment in age increas- has launched the Bison Conservation Initia- the protection of architectural resources and ing the risk of falls; tive, a 10-year cooperative initiative to co- vibrant communities by spearheading the ef- Whereas falls are the leading cause of both ordinate the conservation of wild American fort to pass the first historic district zoning fatal and nonfatal injuries among older bison; ordinance in the United States in 1931, which adults; Whereas a bison is portrayed on 2 State is now known worldwide as the ‘‘Charleston Whereas, in 2018, older adults reported flags; Ordinance’’; 35,600,000 falls, with approximately 8,400,000 Whereas the bison has been adopted by 3 Whereas the Preservation Society of of those falls resulting in an injury that lim- States as the official mammal or animal of Charleston has a lengthy record of successes ited regular activities or resulted in a med- those States; in saving iconic buildings and neighborhoods ical visit; Whereas the buffalo nickel played an im- throughout the city of Charleston, includ- Whereas, in 2018, approximately 3,000,000 portant role in modernizing the currency of ing— older adults were treated in hospital emer- the United States; (1) the Dock Street Theater; gency departments for fall-related injuries, Whereas several sports teams and busi- (2) the Lining House; and more than 950,000 of those older adults nesses have the bison as a mascot, which (3) the Old Exchange Building; were subsequently hospitalized; highlights the iconic and cultural signifi- (4) Rainbow Row; and Whereas, in 2018, more than 32,000 older cance of bison in the United States; (5) countless other historic buildings on adults died from injuries related to uninten- Whereas indigenous communities and a the peninsula of Charleston; tional falls, and the death rate from falls of group of ranchers helped save bison from ex- Whereas the Preservation Society of older adults in the United States is expected tinction in the late 1800s by gathering the re- Charleston was founded by a woman, Susan to continue to sharply rise to more than maining bison of the diminished herds; Pringle Frost, whose vision, determination, 100,000 per year by 2030; Whereas, on December 8, 1905, William and energy set the preservation movement Whereas, in 2015— Hornaday, Theodore Roosevelt, and others on a new path in the early 20th century; (1) the total direct medical cost of fall-reformed the American Bison Society in re- Whereas, for 100 years, the Preservation lated injuries for older adults, adjusted for sponse to the near extinction of bison in the Society of Charleston has provided countless inflation, was approximately $50,000,000,000; United States; avenues for women’s leadership, boasting ex- (2) with respect to nonfatal falls, Medicare paid approximately $28,900,000,000, Medicaid Whereas, on October 11, 1907, the American emplary leaders such as— Bison Society sent 15 captive-bred bison (1) Elizabeth O’Neill Verner; paid approximately $8,700,000,000, and private from the New York Zoological Park, now (2) Dorothy Legge; and other payers paid approximately known as the ‘‘Bronx Zoo’’, to the first big (3) Elizabeth Jenkins Young; and $12,000,000,000; and game refuge in the United States, now (4) Jane Thornhill; (3) overall medical spending for fatal falls was estimated to be $754,000,000; known as the ‘‘Wichita Mountains Wildlife Whereas, in the words of an award citation Whereas, if the rate of increase in falls is Refuge’’; from the American Institute of Architects, not slowed, the annual cost of fall injuries Whereas, in 2005, the American Bison Soci- the Preservation Society of Charleston is ‘‘as will surpass $101,000,000,000 by 2030; and ety was reestablished, bringing together much a part of Charleston history as a pro- Whereas evidence-based programs reduce bison ranchers, managers from Indian tector of it’’ and has ‘‘wrought a standard of falls by utilizing cost-effective strategies, Tribes, Federal and State agencies, con- commitment to community befitting the such as exercise programs to improve bal- servation organizations, and natural and so- beauty and rich legacy of the city it has ance and strength, medication management, cial scientists from the United States, Can- served’’; vision improvement, reduction of home haz- ada, and Mexico to create a vision for the Whereas, through innovative programs ards, and falls prevention education: Now, North American bison in the 21st century; such as the Charleston Justice Journey and therefore, be it Whereas there are bison herds in national the Thomas Mayhem Pinckney Alliance, the Resolved, That the Senate— wildlife refuges, national parks, and national Preservation Society of Charleston recog- (1) designates the week of September 21 forests, and on other Federal land; nizes the contributions of African Americans through September 25, 2020, as ‘‘National Whereas there are bison in State-managed to the built environment and history of Falls Prevention Awareness Week’’; herds across 11 States; Charleston; and (2) recognizes that there are proven, cost- Whereas private, public, and Tribal bison Whereas the Preservation Society of effective falls prevention programs and poli- leaders are working together to continue Charleston has established itself as the lead- cies; bison restoration throughout North Amer- ing voice in advocating for a livable and (3) commends the 73 member organizations ica; human city, showing itself consistently and of the Falls Free Coalition and the falls pre- Whereas there is a growing effort to cele- repeatedly to be small but mighty, thought- vention coalitions in 43 States and the Dis- brate and officially recognize the historical, ful but nimble, and principled, professional, trict of Columbia for their efforts to work cultural, and economic significance of the and unafraid: Now, therefore, be it together to increase education and aware- North American bison to the heritage of the Resolved, That the Senate recognizes 2020 ness about preventing falls among older United States; and as the centennial of the Preservation Society adults; Whereas members of Indian Tribes, bison of Charleston. producers, conservationists, sportsmen, edu- (4) encourages businesses, individuals, Fed- cators, and other public and private partners f eral, State, and local governments, the pub- have celebrated the annual National Bison SENATE RESOLUTION 734—DESIG- lic health community, and health care pro- Day since 2012 and are committed to con- NATING THE WEEK OF SEP- viders to work together to raise awareness of falls in an effort to reduce the incidence of tinuing this tradition annually on the first TEMBER 21 THROUGH SEP- Saturday of November: Now, therefore, be it falls among older adults in the United Resolved, That the Senate— TEMBER 25, 2020, AS ‘‘NATIONAL States; (1) designates November 7, 2020, the first FALLS PREVENTION AWARENESS (5) recognizes the Centers for Disease Con- Saturday of November, as ‘‘National Bison WEEK’’ TO RAISE AWARENESS trol and Prevention for its work developing Day’’; and AND ENCOURAGE THE PREVEN- and evaluating interventions for all mem- (2) encourages the people of the United TION OF FALLS AMONG OLDER bers of health care teams to make falls pre- States to observe the day with appropriate ADULTS vention a routine part of clinical care; ceremonies and activities. (6) recognizes the Administration for Com- Ms. COLLINS (for herself, Ms. ROSEN, f munity Living for its work to promote ac- Mr. SCOTT of South Carolina, Mr. cess to evidence-based programs and services SENATE RESOLUTION 733—RECOG- CASEY, Ms. MCSALLY, Mr. BLUMENTHAL, in communities across the United States; NIZING 2020 AS THE CENTENNIAL Mr. HAWLEY, Ms. WARREN, Mr. BRAUN, (7) encourages State health departments OF THE PRESERVATION SOCIETY and Ms. SINEMA) submitted the fol- and State units on aging, which provide sig- OF CHARLESTON lowing resolution; which was consid- nificant leadership in reducing injuries and related health care costs by collaborating Mr. GRAHAM (for himself and Mr. ered and agreed to: with organizations and individuals, to reduce SCOTT of South Carolina) submitted S. RES. 734 falls among older adults; and the following resolution; which was Whereas individuals who are 65 years of (8) encourages experts in the field of falls considered and agreed to: age or older (referred to in this preamble as prevention to share their best practices so

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that their success can be replicated by oth- S. RES. 736 Whereas, in 2018, Congress provided for the ers. Whereas, in September 2020, ‘‘National formation of the Advisory Council to Sup- f Kinship Care Month’’ is observed; port Grandparents Raising Grandchildren to Whereas, nationally, 2,700,000 children are examine supports for grandparents and other SENATE RESOLUTION 735—DESIG- living in kinship care with grandparents, kinship caregivers in the Supporting Grand- NATING SEPTEMBER 29, 2020, AS other relatives, and family friends (‘‘fictive parents Raising Grandchildren Act (Public ‘‘NATIONAL URBAN WILDLIFE kin’’); Law 115–196; 132 Stat. 1511); and REFUGE DAY’’ Whereas, nationally, nearly 1⁄3 of all foster Whereas more remains to be done to sup- care placements are in kinship foster care, port kinship caregiving and to ensure that Mr. GARDNER (for himself, Mr. BEN- with more than 133,000 children placed in all children have a safe, loving, nurturing, NET, and Mr. UDALL) submitted the fol- kinship foster care; and permanent family, regardless of age or lowing resolution; which was consid- Whereas more than 2,600,000 kinship chil- special needs: Now, therefore, be it ered and agreed to: dren live in informal kinship care outside of Resolved, That the Senate— S. RES. 735 the foster care system; (1) designates September 2020 as ‘‘National Whereas over 80 percent of people in the Whereas, while kinship care is the most Kinship Care Month’’; United States live in or near cities, which common term for relative caregivers of chil- (2) encourages Congress, States, local gov- typically have limited opportunities for resi- dren, they are sometimes also referred to as ernments, and community organizations to dents to access nature and experience out- kincaregivers or grandfamilies; continue to work to improve the lives of vul- door recreation; Whereas the number of children placed in nerable children and families and to support Whereas the National Wildlife Refuge Sys- foster care continues to increase due in part the communities working together to lift tem under the United States Fish and Wild- to the opioid crisis, and child welfare agen- them up; and life Service manages 568 national wildlife cies are increasingly reliant on grandparents (3) honors the commitment and dedication refuges that constitute a national network and other kinship caregivers; of kinship caregivers and the advocates and of land and water managed for the conserva- Whereas, during the COVID–19 pandemic, allies who work tirelessly to provide assist- tion of fish, wildlife, and plants in the United kinship caregivers who are often grand- ance and services to kinship caregiving fami- States; parents with health vulnerabilities are par- lies. Whereas national wildlife refuges provide enting children in their homes, often with opportunities for people to discover and ap- limited support; f preciate nature; Whereas kinship caregivers residing in Whereas there is a refuge located within a urban, rural, and suburban households in SENATE RESOLUTION 737—EX- every State and territory of the United 1-hour drive of every metropolitan area in States have stepped forward out of love and PRESSING SUPPORT FOR THE the United States; loyalty to care for children during times in DESIGNATION OF SEPTEMBER 30, Whereas the Urban Wildlife Conservation which parents are unable to do so; 2020, AS ‘‘NATIONAL VETERANS Program under the United States Fish and Whereas kinship caregivers provide safety, Wildlife Service— SUICIDE PREVENTION DAY’’ promote well-being, and establish stable (1) focuses on introducing people living in Mr. KAINE (for himself, Mr. WICKER, densely populated areas to the more than 100 households for vulnerable children; Whereas kinship care homes offer a refuge Mr. MORAN, and Mr. TESTER) submitted national wildlife refuges near urban areas; the following resolution; which was and for traumatized children; (2) promotes wildlife conservation and the Whereas kinship care enables a child— considered and agreed to: enjoyment of hunting, fishing, and other (1) to maintain family relationships and S. RES. 737 cultural heritage; and wildlife-dependent recreational activities Whereas the wounds sustained through close to where people live; (2) to remain in the community of the child; armed service to the United States are both Whereas the Urban Wildlife Conservation Whereas the wisdom and compassion of visible and invisible; Program focuses on public-private partner- kinship caregivers is a source of self-reliance Whereas the wounds sustained through ships— and strength for countless children and for armed service to the United States may be (1) to improve wildlife conservation; and invisible, but those wounds are treatable if (2) to promote access to recreation on and the entire United States; the bearers of those wounds are connected to off national wildlife refuges, including rec- Whereas children in kinship care experi- the right resources; reational activities such as hunting and fish- ence improved placement stability, higher Whereas the Department of Veterans Af- ing; and levels of permanency, and decreased behav- fairs and the Department of Defense have de- Whereas by exploring community-centered ioral problems; termined that an average of nearly 20 cur- approaches to address local needs, engaging Whereas kinship caregivers face daunting rent or former members of the Armed Forces the next generation of anglers and hunters, challenges to keep children from entering die by suicide each day; and providing infrastructure and safe access, foster care; Whereas veterans account for a dispropor- the Urban Wildlife Conservation Program Whereas, because of parental substance use tionate percentage of all adult suicides in helps local organizations, cities, and towns disorders and other adverse childhood experi- the United States; across the United States engage in conserva- ences, children in kinship care frequently Whereas the surviving family members of tion activities: Now, therefore, be it have trauma-related conditions; Resolved, That the Senate— Whereas many kinship caregivers give up veterans who succumb to the invisible (1) designates September 29, 2020, as ‘‘Na- their retirement years to assume parenting wounds of armed service to the United tional Urban Wildlife Refuge Day’’; duties for children; States must not be forgotten and isolated (2) encourages the United States Fish and Whereas the Senate wishes to honor the but instead must be directed to available re- Wildlife Service to increase access to out- many kinship caregivers, who throughout sources and support; door recreational opportunities for urban the history of the United States have pro- Whereas, after the loss of a veteran family communities; and vided loving homes for children; member to the invisible wounds of armed (3) encourages the people of the United Whereas the first president of the United service to the United States, the family States to visit and experience the more than States, George Washington, and his wife members of that veteran must not lose their 100 urban national wildlife refuges of the Martha were themselves kinship caregivers, link to the support and strength of the mili- United States. as were many other great people of the tary and veteran communities; United States; Whereas the families of veterans who die f Whereas the Senate is proud to recognize by suicide hold valuable ‘‘lessons learned on SENATE RESOLUTION 736—DESIG- the many kinship care families in which a the lookback’’ that can be used to prevent NATING SEPTEMBER 2020 AS child is raised by grandparents, other rel- future suicides in veteran populations; ‘‘NATIONAL KINSHIP CARE atives, and fictive kin; Whereas the voices of the surviving family Whereas National Kinship Care Month pro- members of veterans who die by suicide are MONTH’’ vides an opportunity to urge people in every useful and should be leveraged in prevention Mr. WYDEN (for himself, Mr. GRASS- State to join in recognizing and celebrating efforts; LEY, Mrs. BLACKBURN, Ms. HASSAN, Mr. kinship caregiving families and the tradition Whereas the need for formal recognition of LANKFORD, Mr. CASEY, Ms. KLOBUCHAR, of families in the United States to help kin; the families of veterans who succumb to the Mr. SCOTT of South Carolina, Ms. COR- Whereas, in 2018, Congress provided for invisible wounds of armed service to the kinship navigator programs and services in United States is vital to the strength, TEZ MASTO, Ms. SINEMA, Mr. ROBERTS, the Family First Prevention Services Act health, and survival of the veteran commu- Mr. YOUNG, Mr. VAN HOLLEN, Ms. BALD- enacted under title VII of division E of the nity; WIN, Mr. KAINE, Mr. BROWN, Mr. SCHU- Bipartisan Budget Act of 2018 (Public Law Whereas those families should be recog- MER, and Mr. BRAUN) submitted the fol- 115–123; 132 Stat. 64) and the Consolidated Ap- nized, supported, and heard on National Vet- lowing resolution; which was consid- propriations Act, 2018 (Public Law 115–141; erans Suicide Prevention Day and through- ered and agreed to: 132 Stat. 348); out the year; and

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Whereas family service learning is particu- ‘‘NATIONAL SUICIDE PREVEN- larly important for at-risk families because TION MONTH’’ f family service learning— SENATE RESOLUTION 739—EX- (1) provides opportunities for leadership Mr. CASSIDY (for himself and Mr. PRESSING SUPPORT FOR THE and civic engagement; and MURPHY) submitted the following reso- (2) helps build the capacity to advocate for DESIGNATION OF THE WEEK OF lution; which was considered and the needs of children and families; SEPTEMBER 21 THROUGH SEP- agreed to: Whereas family service learning programs TEMBER 25, 2020, AS ‘‘NATIONAL are equipped to face the unique challenges S. RES. 738 FAMILY SERVICE LEARNING brought on by the COVID–19 pandemic Whereas suicide is the 10th leading cause of WEEK’’ through community engagement via video death in the United States and the second teleconferencing or in a socially distanced leading cause of death among individuals be- Mr. CORNYN (for himself, Mr. BOOK- manner; tween 10 and 34 years of age; ER, Mr. BRAUN, Mr. WHITEHOUSE, Mr. Whereas family service learning will re- Whereas, according to the Centers for Dis- WICKER, Mr. REED, Mr. RUBIO, and Ms. main relevant throughout the pandemic as ease Control and Prevention (referred to in KLOBUCHAR) submitted the following communities face new challenges such as this preamble as the ‘‘CDC’’), 1 individual in resolution; which was considered and navigating remote learning, technological the United States dies by suicide every 11 agreed to: literacy, and building and maintaining new minutes, resulting in around 48,000 deaths relationships within communities; and S. RES. 739 each year in the United States; Whereas the value that parents place on Whereas, according to the Department of Whereas family service learning is a meth- civic engagement and relationships within Veterans Affairs, 20 members of the Armed od under which children and families learn the community has been shown to transfer Forces on active duty, members of the re- and solve problems together in a multi- to children who, in turn, replicate important serve components of the Armed Forces who generational approach with active participa- values, such as responsibility, empathy, and are not on active duty, or veterans die by tion in thoughtfully organized service that— caring for others: Now, therefore, be it suicide each day, resulting in more than 7,000 (1) is conducted in, and meets the needs of, Resolved, That the Senate— deaths each year; their communities; (1) supports the designation of the week of Whereas, between 1999 and 2018, the suicide (2) is focused on children and families solv- September 21 through September 25, 2020, as rate in the United States increased by 35 per- ing community issues together; ‘‘National Family Service Learning Week’’ cent from 10.5 suicides for every 100,000 indi- (3) requires the application of college and to raise public awareness about the impor- viduals to 14.2 suicides for every 100,000 indi- career readiness skills by children and rel- tance of family service learning, family lit- viduals; evant workforce training skills by adults; eracy, community service, and 2- Whereas it is estimated that there are ap- and generational learning experiences; proximately 1,400,000 suicide attempts each (4) is coordinated between the community (2) encourages people across the United year in the United States; and an elementary school, a secondary States to support family service learning and Whereas more than half of individuals who school, an institution of higher education, or community development programs; die by suicide did not have a known mental a family community service program; (3) recognizes the importance that family health condition; Whereas family service learning— service learning plays in cultivating family Whereas, according to the CDC, many fac- (1) is multi-generational learning that in- literacy, civic engagement, and community tors contribute to suicide among individuals volves parents, children, caregivers, and ex- investment; and with and without known mental health con- tended family members in shared learning (4) calls upon public, private, and nonprofit ditions, including challenges related to rela- experiences in physical and digital environ- entities to support family service learning tionships, substance use, physical health, ments; opportunities to aid in the advancement of and stress regarding work, money, legal (2) is integrated into and enhances the aca- families. problems, or housing; demic achievement of children or the edu- f Whereas, according to the CDC, suicide re- cational components of a family service pro- sults in an estimated $70,000,000,000 each year gram in which families may be enrolled; and SENATE RESOLUTION 740—DESIG- in combined medical and work-loss costs in (3) promotes skills (such as investigation, NATING OCTOBER 7, 2020, AS ‘‘EN- the United States; planning, and preparation), action, reflec- ERGY EFFICIENCY DAY’’ IN Whereas the stigma associated with mention, the demonstration of results, and sus- CELEBRATION OF THE ECONOMIC tal health conditions and suicidality hinders tainability; AND ENVIRONMENTAL BENEFITS suicide prevention by discouraging at-risk Whereas family service learning has been individuals from seeking life-saving help and shown to have positive 2-generational effects THAT HAVE BEEN DRIVEN BY can further traumatize survivors of suicide and encourages families to invest in their PRIVATE SECTOR INNOVATION loss and individuals with lived experience of communities to improve economic and soci- AND FEDERAL ENERGY EFFI- suicide; etal well-being; CIENCY POLICIES Whereas the COVID–19 pandemic has Whereas, through family service learning, Mrs. SHAHEEN (for herself, Mr. caused many individuals to experience emo- children and families have the opportunity PORTMAN, Ms. HASSAN, Mr. WHITE- tional distress and anxiety; to solve community issues and learn to- Whereas, according to the Morbidity and gether, thereby enabling the development of HOUSE, Ms. CANTWELL, Ms. SMITH, Ms. Mortality Weekly Report of the CDC, risk life and career skills, such as flexibility and CORTEZ MASTO, Mr. COONS, Mr. PETERS, factors for suicide, such as anxiety and de- adaptability, initiative and self-direction, Mr. WARNER, Mr. GARDNER, Mr. BEN- pression, have increased considerably since social and cross-cultural skills, productivity NET, Mr. REED, Mr. MARKEY, Ms. the onset of restrictions to help slow the and accountability, and leadership and re- HIRONO, Mr. WYDEN, Mr. MANCHIN, Mr. spread of COVID–19; and sponsibility; CARPER, Mr. VAN HOLLEN, Mr. Whereas September is an appropriate Whereas family service learning activities MERKLEY, Ms. STABENOW, Mr. CARDIN, month to designate as ‘‘National Suicide provide opportunities for families to improve Mr. HEINRICH, and Ms. COLLINS) sub- Prevention Month’’ because September 10th essential skills, such as organization, re- mitted the following resolution; which is World Suicide Prevention Day, a day rec- search, planning, reading and writing, tech- ognized internationally and supported by the nological literacy, teamwork, and sharing; was considered and agreed to: World Health Organization: Now, therefore, Whereas families participating together in S. RES. 740 be it service are afforded quality time learning Whereas October has been designated as Resolved, That the Senate— about their communities; ‘‘National Energy Awareness Month’’;

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Whereas improvements in energy effi- S. RES. 741 firefighters, police officers, emergency med- ciency technologies and practices, along Whereas, since World War II, hundreds of ical technicians, and paramedics; with policies of the United States enacted thousands of patriotic men and women, in- Whereas, according to a 2017 compilation of since the 1970s, have resulted in energy sav- cluding uranium miners, millers, and haul- data on the Emergency Services Sector in ings of more than 60,000,000,000,000,000 British ers, have served the United States by build- the United States by the Department of thermal units and energy cost avoidance of ing nuclear weapons for the defense of the Homeland Security, ‘‘The first responder more than $800,000,000,000 annually; United States; community comprises an estimated 4.6 mil- Whereas energy efficiency has enjoyed bi- Whereas dedicated workers paid a high lion career and volunteer professionals with- partisan support in Congress and in adminis- price for advancing a nuclear weapons pro- in five primary disciplines: Law Enforce- trations of both parties for more than 40 gram at the service and for the benefit of the ment, Fire and Rescue Services, Emergency years; United States, including by developing dis- Medical Services, Emergency Management, Whereas bipartisan legislation enacted abling or fatal illnesses; and Public Works.’’; since the 1970s to advance Federal energy ef- Whereas the Senate recognized the con- Whereas first responders deserve to be rec- ficiency policies includes— tributions, services, and sacrifices that those ognized for their commitment to safety, de- (1) the Energy Policy and Conservation Act patriotic men and women made for the defense, and honor; (42 U.S.C. 6201 et seq.); fense of the United States in— Whereas the people of the United States (2) the National Appliance Energy Con- (1) Senate Resolution 151, 111th Congress, have depended on the service and sacrifices servation Act of 1987 (Public Law 100–12; 101 agreed to May 20, 2009; of first responders during the national emer- Stat. 103); (2) Senate Resolution 653, 111th Congress, gency relating to the Coronavirus disease (3) the Energy Policy Act of 1992 (42 U.S.C. agreed to September 28, 2010; 2019 (COVID–19) pandemic; and 13201 et seq.); (3) Senate Resolution 275, 112th Congress, Whereas October 28, 2020, would be an ap- (4) the Energy Policy Act of 2005 (42 U.S.C. agreed to September 26, 2011; propriate day to establish as ‘‘Honoring the 15801 et seq.); (4) Senate Resolution 519, 112th Congress, Nation’s First Responders Day’’: Now, there- agreed to August 1, 2012; (5) the Energy Independence and Security fore, be it (5) Senate Resolution 164, 113th Congress, Resolved by the Senate (the House of Rep- Act of 2007 (42 U.S.C. 17001 et seq.); and agreed to September 18, 2013; resentatives concurring), That Congress— (6) the Energy Efficiency Improvement Act (6) Senate Resolution 417, 113th Congress, of 2015 (Public Law 114–11; 129 Stat. 182); agreed to July 9, 2014; (1) supports the designation of October 28, Whereas energy efficiency has long been (7) Senate Resolution 213, 114th Congress, 2020, as ‘‘Honoring the Nation’s First Re- supported by a diverse coalition of busi- agreed to September 25, 2015; sponders Day’’; nesses (including manufacturers, utilities, (8) Senate Resolution 560, 114th Congress, (2) honors and recognizes the contributions energy service companies, and technology agreed to November 16, 2016; of first responders; and firms), public-interest organizations, envi- (9) Senate Resolution 314, 115th Congress, (3) encourages the people of the United ronmental and conservation groups, and agreed to October 30, 2017; States to observe Honoring the Nation’s State and local governments; (10) Senate Resolution 682, 115th Congress, First Responders Day with appropriate cere- Whereas, since 1980, the United States has agreed to October 11, 2018; and monies and activities that promote aware- more than doubled its energy productivity, (11) Senate Resolution 377, 116th Congress, ness of the contributions of first responders realizing twice the economic output per unit agreed to October 30, 2019; in the United States. Whereas a time capsule for a national day of energy consumed; f Whereas more than 2,000,000 individuals in of remembrance has been crossing the United the United States are currently employed States, collecting stories and artifacts of AMENDMENTS SUBMITTED AND across the energy efficiency sector, as the workers of the nuclear weapons program PROPOSED United States has doubled its energy produc- that relate to the nuclear defense era of the United States, and a remembrance quilt has SA 2673. Mr. MCCONNELL (for Mr. TILLIS) tivity, and business and industry have be- proposed an amendment to amendment SA come more innovative and competitive in been constructed to memorialize the contribution of those workers; 2652 proposed by Mr. MCCONNELL to the bill global markets; S. 178, to condemn gross human rights viola- Whereas the Office of Energy Efficiency Whereas the stories and artifacts reflected in the time capsule and the remembrance tions of ethnic Turkic Muslims in Xinjiang, and Renewable Energy of the Department of quilt reinforce the importance of recognizing and calling for an end to arbitrary detention, Energy is the principal Federal agency re- the workers of the nuclear weapons program torture, and harassment of these commu- sponsible for renewable energy technologies of the United States; and nities inside and outside China. and energy efficiency efforts; SA 2674. Mr. PORTMAN (for Mr. WICKER) Whereas those patriotic men and women Whereas cutting energy waste saves the proposed an amendment to the bill S. 910, to deserve to be recognized for the contribu- consumers of the United States billions of reauthorize and amend the National Sea tions, services, and sacrifices they made for dollars on utility bills annually; and Grant College Program Act, and for other the defense of the United States: Now, there- Whereas energy efficiency policies, financ- purposes. fore, be it SA 2675. Mr. COONS submitted an amending innovations, and public-private partner- Resolved, That the Senate— ment intended to be proposed by him to the ships have contributed to a reduction in en- (1) designates October 30, 2020, as a na- bill S. 2657, to support innovation in ad- ergy intensity in Federal facilities by nearly tional day of remembrance for the workers vanced geothermal research and develop- 50 percent since the mid-1970s, which results of the nuclear weapons program of the ment, and for other purposes; which was or- in direct savings to United States taxpayers: United States, including the uranium min- dered to lie on the table. Now, therefore, be it ers, millers, and haulers; and SA 2676. Mr. COONS submitted an amend- Resolved, That the Senate— (2) encourages the people of the United ment intended to be proposed by him to the (1) designates October 7, 2020, as ‘‘Energy States to support and participate in appro- bill S. 2657, supra; which was ordered to lie Efficiency Day’’; and priate ceremonies, programs, and other ac- on the table. (2) calls on the people of the United States tivities to commemorate October 30, 2020, as to observe Energy Efficiency Day with ap- SA 2677. Mr. PORTMAN (for Mr. MARKEY a national day of remembrance for past and (for himself, Mr. WICKER, and Mr. propriate programs, ceremonies, and activi- present workers of the nuclear weapons pro- ties. BLUMENTHAL)) proposed an amendment to gram of the United States. the bill S. 3681, to require a joint task force f f on air travel during and after the COVID–19 SENATE RESOLUTION 741—DESIG- SENATE CONCURRENT RESOLU- Public Health Emergency, and for other purposes. NATING OCTOBER 30, 2020, AS A TION 48—EXPRESSING SUPPORT NATIONAL DAY OF REMEM- FOR THE DESIGNATION OF OCTO- f BRANCE FOR THE WORKERS OF BER 28, 2020, AS ‘‘HONORING THE TEXT OF AMENDMENTS THE NUCLEAR WEAPONS PRO- NATION’S FIRST RESPONDERS SA 2673. Mr. McCONNELL (for Mr. GRAM OF THE UNITED STATES DAY’’ TILLIS) proposed an amendment to Mr. MCCONNELL (for Mr. ALEX- Ms. WARREN (for herself, Mr. COT- amendment SA 2652 proposed by Mr. ANDER (for himself, Mr. UDALL, Mr. TON, Mr. PETERS, Ms. ROSEN, Mr. JOHN- MCCONNELL to the bill S. 178, to con- MCCONNELL, Mr. SCHUMER, Mr. GRA- SON, and Mr. LANKFORD) submitted the demn gross human rights violations of HAM, Mr. HEINRICH, Mr. GARDNER, Mr. following concurrent resolution; which ethnic Turkic Muslims in Xinjiang, and BROWN, Mr. PORTMAN, Mrs. MURRAY, was referred to the Committee on calling for an end to arbitrary deten- Mr. ROBERTS, Ms. CANTWELL, Mrs. Homeland Security and Governmental tion, torture, and harassment of these BLACKBURN, Mr. MANCHIN, Mr. MARKEY, Affairs: communities inside and outside China; and Ms. ROSEN)) submitted the fol- S. CON. RES. 48 as follows: lowing resolution; which was consid- Whereas, in the United States, first re- At the appropriate place, insert the fol- ered and agreed to: sponders include professional and volunteer lowing:

VerDate Sep 11 2014 09:09 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 E:\CR\FM\A30SE6.070 S30SEPT1 SSpencer on DSK126QN23PROD with SENATE S5988 CONGRESSIONAL RECORD — SENATE September 30, 2020 SEC. ll. GUARANTEED AVAILABILITY OF COV- tional groups or any additional individuals ‘‘(7) Evidence of insurability (including ERAGE; PROHIBITING DISCRIMINA- because of its obligations to existing group conditions arising out of acts of domestic vi- TION. contract holders and enrollees; and olence). (a) IN GENERAL.—Subtitle C of title I of the ‘‘(ii) it is applying this paragraph uni- ‘‘(8) Disability. Health Insurance Portability and Account- formly to all employers and individuals ‘‘(9) Any other health status-related factor ability Act of 1996 (Public Law 104–191) is without regard to the claims experience of determined appropriate by the Secretary. amended by adding at the end the following: those individuals, employers and their em- ‘‘(b) IN PREMIUM CONTRIBUTIONS.— ‘‘SEC. 196. PROHIBITION OF PRE-EXISTING CON- ployees (and their dependents), or any health DITION EXCLUSIONS. ‘‘(1) IN GENERAL.—A group health plan, and status-related factor relating to such indi- ‘‘(a) IN GENERAL.—A group health plan and a health insurance issuer offering group or a health insurance issuer offering group or viduals, employees, and dependents. individual health insurance coverage, may individual health insurance coverage may ‘‘(2) 180-DAY SUSPENSION UPON DENIAL OF not require any individual (as a condition of not impose any pre-existing condition exclu- COVERAGE.—An issuer, upon denying health enrollment or continued enrollment under sion with respect to such plan or coverage. insurance coverage in any service area in ac- the plan) to pay a premium or contribution ‘‘(b) DEFINITIONS.—For purposes of this sec- cordance with paragraph (1)(B), may not which is greater than such premium or con- tion: offer coverage in the group or individual tribution for a similarly situated individual ‘‘(1) PRE-EXISTING CONDITION EXCLUSION.— market within such service area for a period enrolled in the plan on the basis of any ‘‘(A) IN GENERAL.—The term ‘pre-existing of 180 days after the date such coverage is de- health status-related factor in relation to condition exclusion’ means, with respect to nied. the individual or to an individual enrolled coverage, a limitation or exclusion of bene- ‘‘(d) APPLICATION OF FINANCIAL CAPACITY under the plan as a dependent of the indi- fits relating to a condition based on the fact LIMITS.— vidual. that the condition was present before the en- ‘‘(1) IN GENERAL.—A health insurance ‘‘(2) CONSTRUCTION.—Nothing in paragraph rollment date for such coverage, whether or issuer may deny health insurance coverage (1) shall be construed— not any medical advice, diagnosis, care, or in the group or individual market if the ‘‘(A) to restrict the amount that an em- treatment was recommended or received be- issuer has demonstrated, if required, to the ployer or individual may be charged for cov- fore such date. applicable State authority that— erage under a group health plan except as ‘‘(B) TREATMENT OF GENETIC INFORMA- ‘‘(A) it does not have the financial reserves provided in paragraph (3) or individual TION.—Genetic information shall not be necessary to underwrite additional coverage; health coverage, as the case may be; or treated as a condition described in subpara- and ‘‘(B) to prevent a group health plan, and a graph (A) in the absence of a diagnosis of the ‘‘(B) it is applying this paragraph uni- health insurance issuer offering group health condition related to such information. formly to all employers and individuals in insurance coverage, from establishing pre- ‘‘(2) ENROLLMENT DATE.—The term ‘enroll- the group or individual market in the State mium discounts or rebates or modifying oth- ment date’ means, with respect to an indi- consistent with applicable State law and erwise applicable copayments or deductibles vidual covered under a group health plan or without regard to the claims experience of in return for adherence to programs of health insurance coverage, the date of en- those individuals, employers and their em- health promotion and disease prevention. rollment of the individual in the plan or cov- ployees (and their dependents) or any health ‘‘(3) NO GROUP-BASED DISCRIMINATION ON erage or, if earlier, the first day of the wait- status-related factor relating to such indi- BASIS OF GENETIC INFORMATION.— ing period for such enrollment. viduals, employees, and dependents. ‘‘(A) IN GENERAL.—For purposes of this sec- ‘‘(3) WAITING PERIOD.—The term ‘waiting ‘‘(2) 180-DAY SUSPENSION UPON DENIAL OF tion, a group health plan, and health insur- period’ means, with respect to a group health COVERAGE.—A health insurance issuer upon ance issuer offering group health insurance plan and an individual who is a potential denying health insurance coverage in con- coverage in connection with a group health participant or beneficiary in the plan, the nection with group health plans in accord- plan, may not adjust premium or contribu- period that must pass with respect to the in- ance with paragraph (1) in a State may not tion amounts for the group covered under dividual before the individual is eligible to offer coverage in connection with group such plan on the basis of genetic informa- be covered for benefits under the terms of health plans in the group or individual mar- tion. the plan. ket in the State for a period of 180 days after ‘‘(B) RULE OF CONSTRUCTION.—Nothing in ‘‘SEC. 197. GUARANTEED AVAILABILITY OF COV- the date such coverage is denied or until the subparagraph (A) or in paragraphs (1) and (2) ERAGE. issuer has demonstrated to the applicable of subsection (d) shall be construed to limit ‘‘(a) GUARANTEED ISSUANCE OF COVERAGE IN State authority, if required under applicable the ability of a health insurance issuer offer- THE INDIVIDUAL AND GROUP MARKET.—Sub- State law, that the issuer has sufficient fi- ing group or individual health insurance cov- ject to subsections (b) through (d), each nancial reserves to underwrite additional erage to increase the premium for an em- health insurance issuer that offers health in- coverage, whichever is later. An applicable ployer based on the manifestation of a dis- surance coverage in the individual or group State authority may provide for the applica- ease or disorder of an individual who is en- market in a State must accept every em- tion of this subsection on a service-area-spe- rolled in the plan. In such case, the mani- ployer and individual in the State that ap- cific basis festation of a disease or disorder in one indi- plies for such coverage. vidual cannot also be used as genetic infor- ‘‘(b) ENROLLMENT.— ‘‘(e) DEFINITIONS.—In this section and in ‘‘(1) RESTRICTION.—A health insurance sections 196 and 198: mation about other group members and to issuer described in subsection (a) may re- ‘‘(1) The term ‘Secretary’ means the Sec- further increase the premium for the em- strict enrollment in coverage described in retary of Health and Human Services. ployer. such subsection to open or special enroll- ‘‘(2) The terms ‘genetic information’, ‘ge- ‘‘(c) GENETIC TESTING.— ment periods. netic test’, ‘group health plan’, ‘group mar- ‘‘(1) LIMITATION ON REQUESTING OR REQUIR- ‘‘(2) ESTABLISHMENT.—A health insurance ket’, ‘health insurance coverage’, ‘health in- ING GENETIC TESTING.—A group health plan, issuer described in subsection (a) shall, in ac- surance issuer’, ‘group health insurance cov- and a health insurance issuer offering health cordance with the regulations promulgated erage’, ‘individual health insurance cov- insurance coverage in connection with a under paragraph (3), establish special enroll- erage’, ‘individual market’, and ‘under- group health plan, shall not request or re- ment periods for qualifying events (under writing purpose’ have the meanings given quire an individual or a family member of section 603 of the Employee Retirement In- such terms in section 2791 of the Public such individual to undergo a genetic test. come Security Act of 1974). Health Service Act.’’. ‘‘(2) RULE OF CONSTRUCTION.—Paragraph (1) ‘‘(3) REGULATIONS.—The Secretary shall ‘‘SEC. 198. PROHIBITING DISCRIMINATION shall not be construed to limit the authority promulgate regulations with respect to en- AGAINST INDIVIDUAL PARTICI- of a health care professional who is providing rollment periods under paragraphs (1) and PANTS AND BENEFICIARIES BASED health care services to an individual to re- (2). ON HEALTH STATUS. quest that such individual undergo a genetic ‘‘(c) SPECIAL RULES FOR NETWORK PLANS.— ‘‘(a) IN GENERAL.—A group health plan and test. ‘‘(1) IN GENERAL.—In the case of a health a health insurance issuer offering group or ‘‘(3) RULE OF CONSTRUCTION REGARDING PAY- insurance issuer that offers health insurance individual health insurance coverage may MENT.— coverage in the group and individual market not establish rules for eligibility (including ‘‘(A) IN GENERAL.—Nothing in paragraph (1) through a network plan, the issuer may— continued eligibility) of any individual to shall be construed to preclude a group health ‘‘(A) limit the employers that may apply enroll under the terms of the plan or cov- plan, or a health insurance issuer offering for such coverage to those with eligible indi- erage based on any of the following health health insurance coverage in connection viduals who live, work, or reside in the serv- status-related factors in relation to the indi- with a group health plan, from obtaining and ice area for such network plan; and vidual or a dependent of the individual: using the results of a genetic test in making ‘‘(B) within the service area of such plan, ‘‘(1) Health status. a determination regarding payment (as such deny such coverage to such employers and ‘‘(2) Medical condition (including both term is defined for the purposes of applying individuals if the issuer has demonstrated, if physical and mental illnesses). the regulations promulgated by the Sec- required, to the applicable State authority ‘‘(3) Claims experience. retary under part C of title XI of the Social that— ‘‘(4) Receipt of health care. Security Act and section 264 of this Act, as ‘‘(i) it will not have the capacity to deliver ‘‘(5) Medical history. may be revised from time to time) consistent services adequately to enrollees of any addi- ‘‘(6) Genetic information. with subsection (a).

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‘‘(B) LIMITATION.—For purposes of subpara- ‘‘(f) PROGRAMS OF HEALTH PROMOTION OR an employee or individual and any depend- graph (A), a group health plan, or a health DISEASE PREVENTION.— ents are enrolled. For purposes of this para- insurance issuer offering health insurance ‘‘(1) GENERAL PROVISIONS.— graph, the cost of coverage shall be deter- coverage in connection with a group health ‘‘(A) GENERAL RULE.—For purposes of sub- mined based on the total amount of em- plan, may request only the minimum section (b)(2)(B), a program of health pro- ployer and employee contributions for the amount of information necessary to accom- motion or disease prevention (referred to in benefit package under which the employee is plish the intended purpose. this subsection as a ‘wellness program’) shall (or the employee and any dependents are) re- ‘‘(4) RESEARCH EXCEPTION.—Notwith- be a program offered by an employer that is ceiving coverage. A reward may be in the standing paragraph (1), a group health plan, designed to promote health or prevent dis- form of a discount or rebate of a premium or or a health insurance issuer offering health ease that meets the applicable requirements contribution, a waiver of all or part of a insurance coverage in connection with a of this subsection. cost-sharing mechanism (such as group health plan, may request, but not re- ‘‘(B) NO CONDITIONS BASED ON HEALTH STA- deductibles, copayments, or coinsurance), quire, that a participant or beneficiary un- TUS FACTOR.—If none of the conditions for the absence of a surcharge, or the value of a dergo a genetic test if each of the following obtaining a premium discount or rebate or benefit that would otherwise not be provided conditions is met: other reward for participation in a wellness under the plan. The Secretaries of Labor, ‘‘(A) The request is made pursuant to re- program is based on an individual satisfying Health and Human Services, and the Treas- search that complies with part 46 of title 45, a standard that is related to a health status ury may increase the reward available under Code of Federal Regulations, or equivalent factor, such wellness program shall not vio- this subparagraph to up to 50 percent of the Federal regulations, and any applicable late this section if participation in the pro- cost of coverage if the Secretaries determine State or local law or regulations for the program is made available to all similarly situ- that such an increase is appropriate. tection of human subjects in research. ated individuals and the requirements of ‘‘(B) The wellness program shall be reason- ‘‘(B) The plan or issuer clearly indicates to paragraph (2) are complied with. ably designed to promote health or prevent each participant or beneficiary, or in the ‘‘(C) CONDITIONS BASED ON HEALTH STATUS disease. A program complies with the pre- case of a minor child, to the legal guardian FACTOR.—If any of the conditions for obtain- ceding sentence if the program has a reason- of such beneficiary, to whom the request is ing a premium discount or rebate or other able chance of improving the health of, or made that— reward for participation in a wellness pro- preventing disease in, participating individ- ‘‘(i) compliance with the request is vol- gram is based on an individual satisfying a uals and it is not overly burdensome, is not untary; and standard that is related to a health status a subterfuge for discriminating based on a ‘‘(ii) noncompliance will have no effect on factor, such wellness program shall not vio- health status factor, and is not highly sus- enrollment status or premium or contribu- late this section if the requirements of para- pect in the method chosen to promote health tion amounts. graph (3) are complied with. or prevent disease. ‘‘(C) No genetic information collected or ‘‘(2) WELLNESS PROGRAMS NOT SUBJECT TO ‘‘(C) The plan shall give individuals eligi- acquired under this paragraph shall be used REQUIREMENTS.—If none of the conditions for ble for the program the opportunity to qual- for underwriting purposes. obtaining a premium discount or rebate or ify for the reward under the program at least other reward under a wellness program as de- ‘‘(D) The plan or issuer notifies the Sec- once each year. scribed in paragraph (1)(B) are based on an retary in writing that the plan or issuer is ‘‘(D) The full reward under the wellness individual satisfying a standard that is re- conducting activities pursuant to the excep- program shall be made available to all simi- lated to a health status factor (or if such a tion provided for under this paragraph, in- larly situated individuals. For such purpose, wellness program does not provide such a re- cluding a description of the activities con- among other things: ward), the wellness program shall not violate ducted. ‘‘(i) The reward is not available to all simi- this section if participation in the program ‘‘(E) The plan or issuer complies with such larly situated individuals for a period unless is made available to all similarly situated other conditions as the Secretary may by the wellness program allows— individuals. The following programs shall regulation require for activities conducted ‘‘(I) for a reasonable alternative standard not have to comply with the requirements of under this paragraph. paragraph (3) if participation in the program (or waiver of the otherwise applicable stand- ‘‘(d) PROHIBITION ON COLLECTION OF GE- is made available to all similarly situated ard) for obtaining the reward for any indi- NETIC INFORMATION.— individuals: vidual for whom, for that period, it is unrea- ‘‘(1) IN GENERAL.—A group health plan, and ‘‘(A) A program that reimburses all or part sonably difficult due to a medical condition a health insurance issuer offering health in- of the cost for memberships in a fitness cen- to satisfy the otherwise applicable standard; surance coverage in connection with a group ter. and health plan, shall not request, require, or ‘‘(B) A diagnostic testing program that ‘‘(II) for a reasonable alternative standard purchase genetic information for under- provides a reward for participation and does (or waiver of the otherwise applicable stand- writing purposes. not base any part of the reward on outcomes. ard) for obtaining the reward for any indi- ‘‘(2) PROHIBITION ON COLLECTION OF GENETIC ‘‘(C) A program that encourages preventive vidual for whom, for that period, it is medi- INFORMATION PRIOR TO ENROLLMENT.—A group care related to a health condition through cally inadvisable to attempt to satisfy the health plan, and a health insurance issuer of- the waiver of the copayment or deductible otherwise applicable standard. fering health insurance coverage in connec- requirement under group health plan for the ‘‘(ii) If reasonable under the cir- tion with a group health plan, shall not re- costs of certain items or services related to cumstances, the plan or issuer may seek quest, require, or purchase genetic informa- a health condition (such as prenatal care or verification, such as a statement from an in- tion with respect to any individual prior to well-baby visits). dividual’s physician, that a health status such individual’s enrollment under the plan ‘‘(D) A program that reimburses individ- factor makes it unreasonably difficult or or coverage in connection with such enroll- uals for the costs of smoking cessation pro- medically inadvisable for the individual to ment. grams without regard to whether the indi- satisfy or attempt to satisfy the otherwise ‘‘(3) INCIDENTAL COLLECTION.—If a group vidual quits smoking. applicable standard. health plan, or a health insurance issuer of- ‘‘(E) A program that provides a reward to ‘‘(E) The plan or issuer involved shall dis- fering health insurance coverage in connec- individuals for attending a periodic health close in all plan materials describing the tion with a group health plan, obtains ge- education seminar. terms of the wellness program the avail- netic information incidental to the request- ‘‘(3) WELLNESS PROGRAMS SUBJECT TO RE- ability of a reasonable alternative standard ing, requiring, or purchasing of other infor- QUIREMENTS.—If any of the conditions for ob- (or the possibility of waiver of the otherwise mation concerning any individual, such retaining a premium discount, rebate, or re- applicable standard) required under subpara- quest, requirement, or purchase shall not be ward under a wellness program as described graph (D). If plan materials disclose that considered a violation of paragraph (2) if in paragraph (1)(C) is based on an individual such a program is available, without describ- such request, requirement, or purchase is not satisfying a standard that is related to a ing its terms, the disclosure under this sub- in violation of paragraph (1). health status factor, the wellness program paragraph shall not be required.’’. ‘‘(e) GENETIC INFORMATION OF A FETUS OR shall not violate this section if the following (b) CONFORMING AMENDMENT.—The table of EMBRYO.—Any reference in this part to ge- requirements are complied with: contents under section 1(b) of the Health In- netic information concerning an individual ‘‘(A) The reward for the wellness program, surance Portability and Accountability Act or family member of an individual shall— together with the reward for other wellness of 1996 (Public Law 104–191) is amended by in- ‘‘(1) with respect to such an individual or programs with respect to the plan that re- serting after the item relating to section 195 family member of an individual who is a quires satisfaction of a standard related to a the following: pregnant woman, include genetic informa- health status factor, shall not exceed 30 per- ‘‘Sec. 196. Prohibition of pre-existing condition of any fetus carried by such pregnant cent of the cost of employee-only coverage tion exclusions. woman; and under the plan. If, in addition to employees ‘‘Sec. 197. Guaranteed Availability of Cov- ‘‘(2) with respect to an individual or family or individuals, any class of dependents (such erage. member utilizing an assisted reproductive as spouses or spouses and dependent chil- ‘‘Sec. 198. Prohibiting Discrimination technology, include genetic information of dren) may participate fully in the wellness against individual participants any embryo legally held by the individual or program, such reward shall not exceed 30 and beneficiaries based on family member. percent of the cost of the coverage in which health status.’’.

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(c) ENFORCEMENT.— is expressed in terms of an amendment to, or (1) develop recommendations for the opti- (1) PHSA.—Section 2723 of the Public repeal of, a section or other provision, the mal use of any donations accepted under sec- Health Service Act (42 U.S.C. 300gg–22) is reference shall be considered to be made to a tion 204(c)(4)(E) of the National Sea Grant amended— section or other provision of the National College Program Act (33 U.S.C. 1123(c)(4)(E)); (A) in subsection (a)— Sea Grant College Program Act (33 U.S.C. and (i) in paragraph (1), by inserting ‘‘and sec- 1121 et seq.). (2) submit to Congress a report on the rec- tions 196 ,197, and 198 of the Health Insurance SEC. 3. MODIFICATION OF DEAN JOHN A. KNAUSS ommendations developed under paragraph Portability and Accountability Act of 1996’’ MARINE POLICY FELLOWSHIP. (1). after ‘‘this part’’; and (a) IN GENERAL.—Section 208(b) (33 U.S.C. (d) CONSTRUCTION.—Nothing in this section (ii) in paragraph (2), by inserting ‘‘or sec- 1127(b)) is amended by striking ‘‘may’’ and shall be construed to limit or otherwise af- tion 196, 197, or 198 of the Health Insurance inserting ‘‘shall’’. fect any other amounts available for marine Portability and Accountability Act of 1996’’ (b) PLACEMENTS IN CONGRESS.—Such sec- policy fellowships under section 208(b) of the after ‘‘this part’’; and tion is further amended— National Sea Grant College Program Act (33 (B) in subsection (b), by inserting ‘‘or sec- (1) in the first sentence, by striking ‘‘The U.S.C. 1127(b)), including amounts— tion 196, 197, or 198 of the Health Insurance Secretary’’ and inserting the following: (1) accepted under section 204(c)(4)(F) of Portability and Accountability Act of 1996’’ ‘‘(1) IN GENERAL.—The Secretary’’; and that Act (33 U.S.C. 1123(c)(4)(F)); or after ‘‘this part’’ each place such term ap- (2) in paragraph (1), as designated by para- (2) appropriated pursuant to the authoriza- pears. graph (1), in the second sentence, by striking tion of appropriations under section 212 of (2) ERISA.—Section 715 of the Employee ‘‘A fellowship’’ and inserting the following: that Act (33 U.S.C. 1131). Retirement Income Security Act of 1974 (29 ‘‘(2) PLACEMENT PRIORITIES.— SEC. 5. REDUCTION IN FREQUENCY REQUIRED U.S.C. 1185d) is amended by adding at the end ‘‘(A) IN GENERAL.—In each year in which FOR NATIONAL SEA GRANT ADVI- the Secretary awards a legislative fellowship SORY BOARD REPORT. the following: Section 209(b)(2) (33 U.S.C. 1128(b)(2)) is ‘‘(c) ADDITIONAL PROVISIONS.—Section 197 under this subsection, when considering the amended— of the Health Insurance Portability and Ac- placement of fellows, the Secretary shall (1) in the paragraph heading, by striking countability Act of 1996 shall apply to health prioritize placement of fellows in the fol- ‘‘BIENNIAL’’ and inserting ‘‘PERIODIC’’; insurance issuers providing health insurance lowing: (2) by striking the first sentence and in- coverage in connection with group health ‘‘(i) Positions in offices of, or with Mem- serting the following: ‘‘The Board shall re- plans, and sections 196 and 198 of such Act bers on, committees of Congress that have port to Congress at least once every four shall apply to group health plans and health jurisdiction over the National Oceanic and years on the state of the national sea grant insurance issuers providing health insurance Atmospheric Administration. ‘‘(ii) Positions in offices of Members of college program and shall notify Congress of coverage in connection with group health any significant changes to the state of the plans, as if included in this subpart, and to Congress that have a demonstrated interest in ocean, coastal, or Great Lakes resources. program not later than two years after the the extent that any provision of this part submission of such a report.’’; and conflicts with a provision of such section 197 ‘‘(B) EQUITABLE DISTRIBUTION.—In placing fellows in offices described in subparagraph (3) in the second sentence, by adding before with respect to health insurance issuers pro- the end period the following: ‘‘and provide a viding health insurance coverage in connec- (A), the Secretary shall ensure that placements are equitably distributed among the summary of research conducted under the tion with group health plans or of such sec- program’’. tion 196 or 198 with respect to group health political parties. SEC. 6. MODIFICATION OF ELEMENTS OF NA- ‘‘(3) DURATION.—A fellowship’’. plans or health insurance issuers providing TIONAL SEA GRANT COLLEGE PRO- (c) EFFECTIVE DATE.—The amendments health insurance coverage in connection GRAM. made by this section shall apply with respect with group health plans, the provisions of Section 204(b) (33 U.S.C. 1123(b)) is amend- to the first calendar year beginning after the such sections 196, 197, and 198, as applicable, ed, in the matter preceding paragraph (1), by date of the enactment of this Act. shall apply.’’. inserting ‘‘for research, education, exten- (d) SENSE OF CONGRESS CONCERNING FED- (3) IRC.—Section 9815 of the Internal Rev- sion, training, technology transfer, and pub- ERAL HIRING OF FORMER FELLOWS.—It is the enue Code of 1986 is amended by adding at sense of Congress that in recognition of the lic service’’ after ‘‘financial assistance’’. the end the following: competitive nature of the fellowship under SEC. 7. DESIGNATION OF NEW NATIONAL SEA ‘‘(c) ADDITIONAL PROVISIONS.—Section 197 section 208(b) of the National Sea Grant Col- GRANT COLLEGES AND SEA GRANT of the Health Insurance Portability and Ac- INSTITUTES. lege Program Act (33 U.S.C. 1127(b)), and of countability Act of 1996 shall apply to health Section 207(b) (33 U.S.C. 1126(b)) is amend- the exceptional qualifications of fellowship ed— insurance issuers providing health insurance awardees, the Secretary of Commerce, acting (1) in the subsection heading, by striking coverage in connection with group health through the Under Secretary of Commerce ‘‘EXISTING DESIGNEES’’ and inserting ‘‘ADDI- plans, and section 196 and 198 of such Act for Oceans and Atmosphere, should encour- TIONAL DESIGNATIONS’’; and shall apply to group health plans and health age participating Federal agencies to con- (2) by striking ‘‘Any institution’’ and in- insurance issuers providing health insurance sider opportunities for fellowship awardees coverage in connection with group health at the conclusion of their fellowships for serting the following: plans, as if included in this subchapter, and workforce positions appropriate for their ‘‘(1) NOTIFICATION TO CONGRESS OF DESIGNA- to the extent that any provision of this chap- education and experience. TIONS.— ‘‘(A) IN GENERAL.—Not less than 30 days be- ter conflicts with a provision of such section SEC. 4. MODIFICATION OF AUTHORITY OF SEC- 197 with respect to health insurance issuers RETARY OF COMMERCE TO ACCEPT fore designating an institution, or an asso- providing health insurance coverage in con- DONATIONS FOR NATIONAL SEA ciation or alliance of two or more such insti- nection with group health plans or of such GRANT COLLEGE PROGRAM. tutions, as a sea grant college or sea grant section 196 or 198 with respect to group (a) IN GENERAL.—Section 204(c)(4)(E) (33 institute under subsection (a), the Secretary health plans or health insurance issuers pro- U.S.C. 1123(c)(4)(E)) is amended to read as shall notify Congress in writing of the providing health insurance coverage in connec- follows: posed designation. The notification shall in- tion with group health plans, the provisions ‘‘(E) accept donations of money and, not- clude an evaluation and justification for the of such sections 196, 197, and 198, as applica- withstanding section 1342 of title 31, United designation. ble, shall apply.’’. States Code, of voluntary and uncompen- ‘‘(B) EFFECT OF JOINT RESOLUTION OF DIS- (d) EFFECTIVE DATE.—This amendments sated services;’’. APPROVAL.—The Secretary may not des- made by this section shall take effect one (b) PRIORITIES.—The Secretary of Com- ignate an institution, or an association or al- day after the date of enactment of this Act. merce, acting through the Under Secretary liance of two or more such institutions, as a of Commerce for Oceans and Atmosphere, sea grant college or sea grant institute under SA 2674. Mr. PORTMAN (for Mr. shall establish priorities for the use of dona- subsection (a) if, before the end of the 30-day WICKER) proposed an amendment to the tions accepted under section 204(c)(4)(E) of period described in subparagraph (A), a joint bill S. 910, to reauthorize and amend the National Sea Grant College Program Act resolution disapproving the designation is the National Sea Grant College Pro- (33 U.S.C. 1123(c)(4)(E)), and shall consider enacted. gram Act, and for other purposes; as among those priorities the possibility of ex- ‘‘(2) EXISTING DESIGNEES.—Any institu- panding the Dean John A. Knauss Marine follows: tion’’. Policy Fellowship’s placement of additional SEC. 8. DIRECT HIRE AUTHORITY; DEAN JOHN A. Strike all after the enacting clause and in- fellows in relevant legislative offices under KNAUSS MARINE POLICY FELLOW- sert the following: section 208(b) of that Act (33 U.S.C. 1127(b)), SHIP. SECTION 1. SHORT TITLE. in accordance with the recommendations (a) IN GENERAL.—During fiscal year 2019 This Act may be cited as the ‘‘National under subsection (c) of this section. and any fiscal year thereafter, the head of Sea Grant College Program Amendments Act (c) REPORT.—Not later than 180 days after any Federal agency may appoint, without re- of 2020’’. the date of the enactment of this Act, the gard to the provisions of subchapter I of SEC. 2. REFERENCES TO THE NATIONAL SEA Director of the National Sea Grant College chapter 33 of title 5, United States Code, GRANT COLLEGE PROGRAM ACT. Program, in consultation with the National other than sections 3303 and 3328 of that Except as otherwise expressly provided, Sea Grant Advisory Board and the Sea Grant title, a qualified candidate described in sub- wherever in this Act an amendment or repeal Association, shall— section (b) directly to a position with the

VerDate Sep 11 2014 09:09 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 E:\CR\FM\A30SE6.071 S30SEPT1 SSpencer on DSK126QN23PROD with SENATE September 30, 2020 CONGRESSIONAL RECORD — SENATE S5991 Federal agency for which the candidate staffing requirement while carrying out the ganizations to accelerate the commercializa- meets Office of Personnel Management qual- activities authorized under this title. tion of energy technologies. ification standards. ‘‘(ii) EXCEPTION FROM CAP.—For purposes of (C) LIMITATION.—The Foundation shall not (b) DEAN JOHN A. KNAUSS MARINE POLICY subparagraph (A), any costs incurred as a re- be an agency or instrumentality of the Fed- FELLOWSHIP.—Subsection (a) applies with result of an exercise of authority as described eral Government. spect to a former recipient of a Dean John A. in clause (i) shall not be considered an (D) TAX-EXEMPT STATUS.—The Board shall Knauss Marine Policy Fellowship under sec- amount used for administration of programs take all necessary and appropriate steps to tion 208(b) of the National Sea Grant College under this title in a fiscal year.’’. ensure that the Foundation receives a deter- Program Act (33 U.S.C. 1127(b)) who— (c) ALLOCATION OF FUNDING.— mination from the Internal Revenue Service (1) earned a graduate or post-graduate de- (1) IN GENERAL.—Section 204(d)(3) (33 U.S.C. that the Foundation is an organization that gree in a field related to ocean, coastal, and 1123(d)(3)) is amended— is described in section 501(c) of the Internal Great Lakes resources or policy from an ac- (A) in the matter preceding subparagraph Revenue Code of 1986 and exempt from tax- credited institution of higher education; and (A), by striking ‘‘With respect to sea grant ation under section 501(a) of that Code. (2) successfully fulfilled the requirements colleges and sea grant institutes’’ and insert- (E) COLLABORATION WITH EXISTING ORGANI- of the fellowship within the executive or leg- ing ‘‘With respect to sea grant colleges, sea ZATIONS.—The Secretary may collaborate islative branch of the United States Govern- grant institutes, sea grant programs, and sea with 1 or more organizations to establish the ment. grant projects’’; and Foundation and carry out the activities of (c) LIMITATION.—The direct hire authority (B) in subparagraph (B), in the matter pre- the Foundation. under this section shall be exercised with re- ceding clause (i), by striking ‘‘funding (2) BOARD OF DIRECTORS.— spect to a specific qualified candidate not among sea grant colleges and sea grant insti- (A) ESTABLISHMENT.—The Foundation shall later than 2 years after the date that the tutes’’ and inserting ‘‘funding among sea be governed by a Board of Directors. candidate completed the fellowship described grant colleges, sea grant institutes, sea (B) COMPOSITION.— in subsection (b). grant programs, and sea grant projects’’. (i) IN GENERAL.—The Board shall be com- SEC. 9. AUTHORIZATION OF APPROPRIATIONS (2) REPEAL OF REQUIREMENTS CONCERNING posed of the members described in clause (ii). FOR NATIONAL SEA GRANT COL- DISTRIBUTION OF EXCESS AMOUNTS.—Section (ii) BOARD MEMBERS.— LEGE PROGRAM. 212 (33 U.S.C. 1131) is amended— (I) INITIAL MEMBERS.—The Secretary may— (a) IN GENERAL.—Section 212(a) (33 U.S.C. (A) by striking subsection (c); and (aa) seek to enter into a contract with the 1131(a)) is amended— (B) by redesignating subsections (d) and (e) National Academies of Sciences, Engineer- (1) by amending paragraph (1) to read as as subsections (c) and (d), respectively. ing, and Medicine to develop a list of individ- follows: SEC. 10. REPEAL OF REQUIREMENT FOR REPORT uals to serve as members of the Board who ‘‘(1) IN GENERAL.—There are authorized to ON COORDINATION OF OCEANS AND are well-qualified and will meet the require- be appropriated to the Secretary to carry COASTAL RESEARCH ACTIVITIES. ments of subclauses (II) and (III); and out this title— Section 9 of the National Sea Grant Col- (bb) appoint the initial members of the ‘‘(A) $87,520,000 for fiscal year 2020; lege Program Act Amendments of 2002 (33 Board from that list, in consultation with ‘‘(B) $91,900,000 for fiscal year 2021; U.S.C. 857–20) is repealed. the National Academies of Sciences, Engi- ‘‘(C) $96,500,000 for fiscal year 2022; SEC. 11. TECHNICAL CORRECTIONS. neering, and Medicine. ‘‘(D) $101,325,000 for fiscal year 2023; and The National Sea Grant College Program (II) REPRESENTATION.—The members of the ‘‘(E) $105,700,000 for fiscal year 2024.’’; and Act (33 U.S.C. 1121 et seq.) is amended— Board shall reflect a broad cross-section of (2) by amending paragraph (2) to read as (1) in section 204(d)(3)(B) (33 U.S.C. stakeholders from academia, industry, non- follows: 1123(d)(3)(B)), by moving clause (vi) 2 ems to profit organizations, State or local govern- ‘‘(2) PRIORITY ACTIVITIES FOR FISCAL YEARS the right; and ments, the investment community, the phil- 2020 THROUGH 2024.—In addition to the (2) in section 209(b)(2) (33 U.S.C. 1128(b)(2)), anthropic community, and management and amounts authorized to be appropriated under as amended by section 5, in the third sen- operating contractors of the National Lab- paragraph (1), there are authorized to be ap- tence, by striking ‘‘The Secretary shall’’ and oratories. propriated $6,000,000 for each of fiscal years inserting the following: (III) EXPERIENCE.—The Secretary shall en- 2020 through 2024 for competitive grants for ‘‘(3) AVAILABILITY OF RESOURCES OF DE- sure that a majority of the members of the the following: PARTMENT OF COMMERCE.—The Secretary Board— ‘‘(A) University research on the biology, shall’’. (aa)(AA) has experience in the energy sec- prevention, and control of aquatic nonnative tor; species. SA 2675. Mr. COONS submitted an (BB) has research experience in the energy ‘‘(B) University research on oyster dis- amendment intended to be proposed by field; or eases, oyster restoration, and oyster-related him to the bill S. 2657, to support inno- (CC) has experience in technology commer- human health risks. vation in advanced geothermal re- cialization or foundation operations; and ‘‘(C) University research on the biology, search and development, and for other (bb) to the extent practicable, represents prevention, and forecasting of harmful algal diverse regions and energy sectors. purposes; which was ordered to lie on blooms. (C) CHAIR AND VICE CHAIR.— ‘‘(D) University research, education, train- the table; as follows: (i) IN GENERAL.—The Board shall designate ing, and extension services and activities fo- At the appropriate place, insert the fol- from among the members of the Board— cused on coastal resilience and United States lowing: (I) an individual to serve as Chair of the working waterfronts and other regional or SEC. ll. ENERGY TECHNOLOGY COMMER- Board; and national priority issues identified in the CIALIZATION FOUNDATION. (II) an individual to serve as Vice Chair of strategic plan under section 204(c)(1). (a) DEFINITIONS.—In this section: the Board. ‘‘(E) University research and extension on (1) BOARD.—The term ‘‘Board’’ means the (ii) TERMS.—The term of service of the sustainable aquaculture techniques and tech- Board of Directors described in subsection Chair and Vice Chair of the Board shall end nologies. (b)(2)(A). on the earlier of— ‘‘(F) Fishery research and extension activi- (2) EXECUTIVE DIRECTOR.—The term ‘‘Exec- (I) the date that is 3 years after the date on ties conducted by sea grant colleges or sea utive Director’’ means the Executive Direc- which the Chair or Vice Chair of the Board, grant institutes to enhance, and not sup- tor described in subsection (b)(5)(A). as applicable, is designated for the position; plant, existing core program funding.’’. (3) FOUNDATION.—The term ‘‘Foundation’’ and (b) MODIFICATION OF LIMITATIONS ON means the Energy Technology Commer- (II) the last day of the term of service of AMOUNTS FOR ADMINISTRATION.—Paragraph cialization Foundation established under the member, as determined under subpara- (1) of section 212(b) (33 U.S.C. 1131(b)) is subsection (b)(1). graph (D)(i), who is designated to be Chair or amended to read as follows: (b) ENERGY TECHNOLOGY COMMERCIALIZA- Vice Chair of the Board, as applicable. ‘‘(1) ADMINISTRATION.— TION FOUNDATION.— (iii) REPRESENTATION.—The Chair and Vice ‘‘(A) IN GENERAL.—There may not be used (1) ESTABLISHMENT.— Chair of the Board— for administration of programs under this (A) IN GENERAL.—Not later than 180 days (I) shall not be representatives of the same title in a fiscal year more than 5.5 percent of after the date of enactment of this Act, the area or entity, as applicable, under subpara- the lesser of— Secretary shall establish a nonprofit cor- graph (B)(ii)(II); and ‘‘(i) the amount authorized to be appro- poration to be known as the ‘‘Energy Tech- (II) shall not be representatives of any area priated under this title for the fiscal year; or nology Commercialization Foundation’’. or entity, as applicable, represented by the ‘‘(ii) the amount appropriated under this (B) MISSION.—The mission of the Founda- immediately preceding Chair and Vice Chair title for the fiscal year. tion shall be— of the Board. ‘‘(B) CRITICAL STAFFING REQUIREMENTS.— (i) to support the mission of the Depart- (D) TERMS AND VACANCIES.— ‘‘(i) IN GENERAL.—The Director shall use ment; and (i) TERMS.— the authority under subchapter VI of chapter (ii) to advance collaboration with energy (I) IN GENERAL.—Except as provided in sub- 33 of title 5, United States Code, and under researchers, institutions of higher education, clause (II), the term of service of each mem- section 210 of this title, to meet any critical industry, and nonprofit and philanthropic or- ber of the Board shall be 5 years.

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(II) INITIAL MEMBERS.—Of the initial mem- sector investments that support efforts to representatives from the Department, insti- bers of the Board appointed under subpara- create, develop, and commercialize innova- tutions of higher education, National Lab- graph (B)(ii)(I), half of the members shall tive technologies that address crosscutting oratories, the private sector, and commer- serve for 4 years and half of the members national energy challenges by methods that cialization organizations to develop pro- shall serve for 5 years, as determined by the include— grams for the purpose of the Foundation de- Chair of the Board. (A) fostering collaboration and partner- scribed in paragraph (3) and to advance the (ii) VACANCIES.—Any vacancy in the mem- ships with researchers from the Federal Gov- activities of the Foundation. bership of the Board— ernment, State governments, institutions of (G) INDIVIDUAL LABORATORY FOUNDATIONS (I) shall be filled in accordance with the higher education, federally funded research PROGRAM.— bylaws of the Foundation by an individual and development centers, industry, and non- (i) DEFINITION OF INDIVIDUAL LABORATORY capable of representing the same area or en- profit organizations for the research, devel- FOUNDATION.—In this subparagraph, the term tity, as applicable, as represented by the opment, or commercialization of trans- ‘‘Individual Laboratory Foundation’’ means vacating board member under subparagraph formative energy and associated tech- (B)(ii)(II); nologies; a Laboratory Foundation established by a (II) shall not affect the power of the re- (B)(i) strengthening regional economic de- National Laboratory. maining members to execute the duties of velopment through scientific and energy in- (ii) SUPPORT.—The Foundation shall pro- the Board; and novation; and vide support to and collaborate with Indi- (III) shall be filled by an individual se- (ii) disseminating lessons learned from vidual Laboratory Foundations. lected by the Board. that development to foster the creation and (iii) GUIDELINES AND TEMPLATES.—For the (E) MEETINGS; QUORUM.— growth of new regional energy innovation purpose of providing support under clause (i) INITIAL MEETING.—Not later than 60 days clusters; (ii), the Secretary shall establish suggested after the Board is established, the Secretary (C) promoting new product development guidelines and templates for Individual Lab- shall convene a meeting of the members of that supports job creation; oratory Foundations, including— the Board to incorporate the Foundation. (D) administering prize competitions to ac- (I) a standard adaptable organizational de- (ii) QUORUM.—A majority of the members celerate private sector competition and in- sign for the responsible management of an of the Board shall constitute a quorum for vestment; and Individual Laboratory Foundation; purposes of conducting the business of the (E) supporting programs that advance (II) standard and legally tenable bylaws Board. technologies from the prototype stage to a and money-handling procedures for Indi- (F) DUTIES.—The Board shall— commercial stage. vidual Laboratory Foundations; and (i) establish bylaws for the Foundation in (4) ACTIVITIES.— (III) a standard training curriculum to ori- accordance with subparagraph (G); (A) STUDIES, COMPETITIONS, AND ent and expand the operating expertise of (ii) provide overall direction for the activi- PROJECTS.—The Foundation may conduct personnel employed by an Individual Labora- ties of the Foundation and establish priority and support studies, competitions, projects, tory Foundation. activities; and other activities that further the purpose (iv) AFFILIATIONS.—Nothing in this sub- (iii) carry out any other necessary activi- of the Foundation described in paragraph (3). paragraph requires— ties of the Foundation; (B) FELLOWSHIPS AND GRANTS.— (I) an existing Individual Laboratory Foun- (iv) evaluate the performance of the Execu- (i) IN GENERAL.—The Foundation may dation to modify current practices or affil- tive Director; and award fellowships and grants for activities iate with the Foundation; or (v) actively solicit and accept funds, gifts, relating to research, development, dem- (II) an Individual Laboratory Foundation grants, devises, or bequests of real or per- onstration, maturation, or commercializa- sonal property to the Foundation, including tion of energy technologies. to be bound by charter or corporate bylaws from private entities. (ii) FORM OF AWARD.—A fellowship or grant as permanently affiliated with the Founda- (G) BYLAWS.— under clause (i) may consist of a stipend, tion. (i) IN GENERAL.—The bylaws established health insurance benefits, funds for travel, (H) SUPPLEMENTAL PROGRAMS.—The Foun- under subparagraph (F)(i) may include— and funds for other appropriate expenses. dation may carry out supplemental pro- (I) policies for the selection of Board mem- (iii) SELECTION.—In selecting a recipient grams— bers, officers, employees, agents, and con- for a fellowship or grant under clause (i), the (i) to conduct and support forums, meet- tractors of the Foundation; Foundation— ings, conferences, courses, and training (II) policies, including ethical standards, (I) shall make the selection based on the workshops consistent with the purpose of the for— technical and commercialization merits of Foundation described in paragraph (3); (aa) the acceptance, solicitation, and dis- the proposed project of the potential recipi- (ii) to support and encourage the under- position of donations and grants to the ent; and standing and development of— Foundation, including appropriate limits on (II) may consult with a potential recipient (I) data that promotes the translation of the ability of donors to designate, by stipula- regarding the ability of the potential recipi- technologies from the research stage, tion or restriction, the use or recipient of do- ent to carry out various projects that would through the development and maturation nated funds; and further the purpose of the Foundation de- stage, and ending in the market stage; and (bb) the disposition of assets of the Foun- scribed in paragraph (3). (II) policies that make regulation more ef- dation; (iv) NATIONAL LABORATORIES.—A National fective and efficient by leveraging the tech- (III) policies that subject all employees, Laboratory that applies for or accepts a nology translation data described in sub- fellows, trainees, and other agents of the grant under clause (i) shall not be considered clause (I) for the regulation of relevant tech- Foundation (including members of the to be engaging in a competitive process. nology sectors; Board) to conflict of interest standards; and (C) ACCESSING FACILITIES AND EXPERTISE.— (iii) for writing, editing, printing, pub- (IV) the specific duties of the Executive Di- The Foundation may work with the Depart- lishing, and vending books and other mate- rector. ment— rials relating to research carried out under (ii) REQUIREMENTS.—The Board shall en- (i) to leverage the capabilities and facili- the Foundation and the Department; and sure that the bylaws of the Foundation and ties of National Laboratories to commer- (iv) to conduct other activities to carry the activities carried out under those bylaws cialize technology; and out and support the purpose of the Founda- shall not— (ii) to assist with resources, including tion described in paragraph (3). (I) reflect unfavorably on the ability of the through the development of internet (I) EVALUATIONS.—The Foundation shall Foundation to carry out activities in a fair websites that provide information on the ca- and objective manner; or pabilities and facilities of each National support the development of an evaluation (II) compromise, or appear to compromise, Laboratory relating to the commercializa- methodology, to be used as part of any pro- the integrity of any governmental agency or tion of technology. gram supported by the Foundation, that program, or any officer or employee em- (D) TRAINING AND EDUCATION.—The Founda- shall— ployed by, or involved in, a governmental tion may support programs that provide (i) consist of qualitative and quantitative agency or program. commercialization training to researchers, metrics; and (H) COMPENSATION.— scientists, and other relevant personnel at (ii) include periodic third party evaluation (i) IN GENERAL.—No member of the Board National Laboratories and institutions of of those programs and other activities of the shall receive compensation for serving on higher education to help commercialize fed- Foundation. the Board. erally funded technology. (J) COMMUNICATIONS.—The Foundation (ii) CERTAIN EXPENSES.—In accordance with (E) MATURATION FUNDING.—The Foundation shall develop an expertise in communica- the bylaws of the Foundation, members of shall support programs that provide matura- tions to promote the work of grant and fel- the Board may be reimbursed for travel ex- tion funding to researchers to advance the lowship recipients under subparagraph (B), penses, including per diem in lieu of subsist- technology of those researchers for the pur- the commercialization successes of the ence, and other necessary expenses incurred pose of moving products from a prototype Foundation, opportunities for partnership in carrying out the duties of the Board. stage to a commercial stage. with the Foundation, and other activities. (3) PURPOSE.—The purpose of the Founda- (F) STAKEHOLDER ENGAGEMENT.—The Foun- (K) SOLICITATION AND USE OF FUNDS.—The tion is to increase private and philanthropic dation shall convene, and may consult with, Foundation may solicit and accept gifts,

VerDate Sep 11 2014 09:09 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00094 Fmt 4624 Sfmt 0634 E:\CR\FM\A30SE6.075 S30SEPT1 SSpencer on DSK126QN23PROD with SENATE September 30, 2020 CONGRESSIONAL RECORD — SENATE S5993 grants, and other donations, establish ac- (ii) make the audits, and all other records, partment to collaborate and coordinate with counts, and invest and expend funds in sup- documents, and papers of the Foundation, the Foundation. port of the activities and programs of the available to the Secretary and the Comp- (C) ADMINISTRATION.—The Secretary shall Foundation. troller General of the United States for ex- leverage appropriate arrangements, con- (5) ADMINISTRATION.— amination or audit. tracts, and directives to carry out the proc- (A) EXECUTIVE DIRECTOR.—The Board shall (G) SEPARATE FUND ACCOUNTS.—The Board ess developed under subparagraph (A). hire an Executive Director of the Founda- shall ensure that any funds received under (7) NATIONAL SECURITY.—Nothing in this tion, who shall serve at the pleasure of the paragraph (12)(A) are held in a separate ac- section exempts the Foundation from any Board. count from any other funds received by the national security policy of the Department. (B) ADMINISTRATIVE CONTROL.—No member Foundation. (8) SUPPORT SERVICES.—The Secretary shall of the Board, officer or employee of the (H) INTEGRITY.— provide facilities, utilities, and support serv- Foundation or of any program established by (i) IN GENERAL.—To ensure integrity in the ices to the Foundation if it is determined by the Foundation, or participant in a program operations of the Foundation, the Board the Secretary to be advantageous to the reestablished by the Foundation, shall exercise shall develop and enforce procedures relating search programs of the Department. administrative control over any Federal em- to standards of conduct, financial disclosure (9) ANTI-DEFICIENCY ACT.—Subsection (a)(1) ployee. statements, conflicts of interest (including of section 1341 of title 31, United States Code (C) STRATEGIC PLAN.—Not later than 1 year recusal and waiver rules), audits, and any (commonly referred to as the ‘‘Anti-Defi- after the date of enactment of this Act, the other matters determined appropriate by the ciency Act’’), shall not apply to any Federal Foundation shall submit to the Committee Board. officer or employee carrying out any activ- on Energy and Natural Resources of the Sen- (ii) FINANCIAL CONFLICTS OF INTEREST.— ity of the Foundation using funds of the ate and the Committee on Science, Space, Any individual who is an officer, employee, Foundation. and Technology of the House of Representa- or member of the Board is prohibited from (10) PREEMPTION OF AUTHORITY.—This sec- tives a strategic plan that contains— any participation in deliberations by the tion shall not preempt any authority or re- (i) a plan for the Foundation to become fi- Foundation of a matter that would directly sponsibility of the Secretary under any other nancially self-sustaining in fiscal year 2022 or predictably affect any financial interest provision of law. and thereafter (except for the amounts pro- (11) TRANSFER FUNDS.—The Foundation vided each fiscal year under paragraph of— (I) the individual; may transfer funds to the Department, (12)(A)(iii)); which shall be subject to all applicable Fed- (ii) a forecast of major crosscutting energy (II) a relative (as defined in section 109 of the Ethics in Government Act of 1978 (5 eral limitations relating to federally funded challenge opportunities, including short- and research. long-term objectives, identified by the U.S.C. App.)) of that individual; or (12) AUTHORIZATION OF APPROPRIATIONS.— Board, with input from communities rep- (III) a business organization or other enti- (A) IN GENERAL.—There are authorized to resenting the entities and areas, as applica- ty in which the individual has an interest, including an organization or other entity be appropriated— ble, described in paragraph (2)(B)(ii)(II); (i) to the Secretary, not less than $1,500,000 (iii) a description of the efforts that the with which the individual is negotiating employment. for fiscal year 2021 to establish the Founda- Foundation will take to be transparent in tion; the processes of the Foundation, including (I) INTELLECTUAL PROPERTY.—The Board (ii) to the Foundation, not less than processes relating to— shall adopt written standards to govern the $30,000,000 for fiscal year 2021 to carry out the (I) grant awards, including selection, re- ownership and licensing of any intellectual activities of the Foundation; and view, and notification; property rights developed by the Foundation (iii) to the Foundation, not less than (II) communication of past, current, and or derived from the collaborative efforts of $3,000,000 for fiscal year 2022, and each fiscal future research priorities; and the Foundation. year thereafter, for administrative and oper- (III) solicitation of and response to public (J) LIABILITY.—The United States shall not ational costs. input on the opportunities identified under be liable for any debts, defaults, acts, or (B) COST SHARE.—Funds made available clause (ii); and omissions of the Foundation nor shall the under subparagraph (A)(ii) shall be required (iv) a description of the financial goals and full faith and credit of the United States ex- benchmarks of the Foundation for the fol- tend to any obligations of the Foundation. to be cost-shared by a partner of the Founda- lowing 10 years. (K) NONAPPLICABILITY OF FACA.—The Fed- tion other than the Department. eral Advisory Committee Act (5 U.S.C. App.) (D) ANNUAL REPORT.—Not later than 1 year SA 2676. Mr. COONS submitted an after the date on which the Foundation is es- shall not apply to the Foundation. tablished, and every 2 years thereafter, the (6) DEPARTMENT COLLABORATION.— amendment intended to be proposed by Foundation shall submit to the Committee (A) NATIONAL LABORATORIES.—The Sec- him to the bill S. 2657, to support inno- on Energy and Natural Resources of the Sen- retary shall collaborate with the Foundation vation in advanced geothermal re- ate, the Committee on Science, Space, and to develop a process to ensure collaboration search and development, and for other Technology of the House of Representatives, and coordination between the Department, purposes; which was ordered to lie on and the Secretary a report that, for the year the Foundation, and National Laboratories— the table; as follows: covered by the report— (i) to streamline contracting processes be- At the end, add the following: (i) describes the activities of the Founda- tween National Laboratories and the Foun- tion and the progress of the Foundation in dation, including by— TITLE IV—ENERGIZING TECHNOLOGY furthering the purpose of the Foundation de- (I) streamlining the ability of the Founda- TRANSFER scribed in paragraph (3); tion to transfer equipment and funds to Na- SEC. 4001. SHORT TITLE. (ii) provides a specific accounting of the tional Laboratories; This title may be cited as the ‘‘Energizing source and use of all funds made available to (II) standardizing contract mechanisms to Technology Transfer Act of 2020’’. the Foundation to carry out those activities; be used by the Foundation; and SEC. 4002. DEFINITIONS. (iii) describes how the results of the activi- (III) streamlining the ability of the Foun- In this title: ties of the Foundation could be incorporated dation to fund endowed positions at National (1) CLEAN ENERGY TECHNOLOGY.—The term into the procurement processes of the Gen- Laboratories; ‘‘clean energy technology’’ means a tech- eral Services Administration; and (ii) to allow a National Laboratory or site nology that, as determined by the Secretary, (iv) includes a summary of each evaluation of a National Laboratory— significantly— conducted using the evaluation methodology (I) to accept and perform work for the (A) reduces energy use; described in paragraph (4)(I). Foundation, consistent with provided re- (B) increases energy efficiency; (E) EVALUATION BY COMPTROLLER GEN- sources, notwithstanding any other provi- (C) reduces greenhouse gas emissions; ERAL.—Not later than 5 years after the date sion of law governing the administration, (D) reduces emissions of other pollutants; on which the Foundation is established, the mission, use, or operations of the National or Comptroller General of the United States Laboratory or site, as applicable; and (E) mitigates other negative environ- shall submit to the Committee on Energy (II) to perform that work on a basis equal mental consequences. and Natural Resources of the Senate and the to other missions at the National Labora- (2) INSTITUTION OF HIGHER EDUCATION.—The Committee on Science, Space, and Tech- tory; and term ‘‘institution of higher education’’ has nology of the House of Representatives— (iii) to permit the director of any National the meaning given the term in section 101 of (i) an evaluation of— Laboratory or site of a National Laboratory the Higher Education Act of 1965 (20 U.S.C. (I) the extent to which the Foundation is to enter into a cooperative research and de- 1001). achieving the mission of the Foundation; and velopment agreement or negotiate a licens- Subtitle A—National Clean Energy (II) the operation of the Foundation; and ing agreement with the Foundation pursuant Technology Transfer Programs (ii) any recommendations on how the to section 12 of the Stevenson-Wydler Tech- SEC. 4101. ENERGY INNOVATION CORPS PRO- Foundation may be improved. nology Innovation Act of 1980 (15 U.S.C. GRAM. (F) AUDITS.—The Foundation shall— 3710a). (a) DEFINITIONS.—In this section: (i) provide for annual audits of the finan- (B) DEPARTMENT LIAISONS.—The Secretary (1) ELIGIBLE PARTICIPANT.—The term ‘‘eli- cial condition of the Foundation; and shall appoint liaisons from across the De- gible participant’’ means—

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(A) an employee of a National Laboratory; (A) advancing the development, dem- (i) EVALUATION.—Not later than 180 days (B) a researcher; onstration, and commercial application of after the date on which the pilot program (C) a student; and clean energy technologies; terminates, the Secretary shall submit to (D) a clean energy entrepreneur, as deter- (B) job creation and workforce develop- the Committee on Energy and Natural Re- mined by the Secretary. ment, including in low-income communities; sources of the Senate and the Committee on (2) SECRETARY.—The term ‘‘Secretary’’ (C) increasing the competitiveness of the Science, Space, and Technology of the House means the Secretary, acting through the United States in the clean energy sector, in- of Representatives a report that— Chief Commercialization Officer appointed cluding in manufacturing; and (1) evaluates the success of the pilot pro- under subsection (a)(4) of section 1001 of the (D) the advancement of clean energy tech- gram in achieving the purposes of the pilot Energy Policy Act of 2005 (42 U.S.C. 16391). nology companies led by entrepreneurs from program; and (b) ESTABLISHMENT.—The Secretary shall underrepresented backgrounds. (2) includes an analysis of the performance carry out a program, to be known as the (c) AUTHORIZATION OF APPROPRIATIONS.— of the pilot program based on the metrics de- ‘‘Energy Innovation Corps Program’’ (re- There is authorized to be appropriated to the veloped under subsection (f). ferred to in this section as ‘‘Energy I- Secretary to carry out this section $3,000,000 (j) AUTHORIZATION OF APPROPRIATIONS.— Corps’’), to support entrepreneurial and com- for each of fiscal years 2021 through 2025. There is authorized to be appropriated to the mercial application education, training, pro- Subtitle B—Technology Development at Secretary to carry out this section $3,700,000 fessional development, and mentorship. National Laboratories for each of fiscal years 2021 through 2023, of (c) PURPOSES.—The purposes of Energy I- which $1,700,000 each fiscal year shall be used SEC. 4201. LAB PARTNERING SERVICE PILOT Corps are— PROGRAM. to carry out subsection (g). (1) to help eligible participants develop en- (a) DEFINITIONS.—In this section: SEC. 4202. LAB-EMBEDDED ENTREPRENEURSHIP trepreneurial skills; and PROGRAM. (1) PILOT PROGRAM.—The term ‘‘pilot pro- (2) to accelerate the commercial applica- gram’’ means the Lab Partnering Service (a) DEFINITIONS.—In this section: tion of clean energy technologies. Pilot Program established under subsection (1) COVERED PROGRAM.—The term ‘‘covered (d) ACTIVITIES.—In carrying out Energy I- (b). program’’ means a lab-embedded entrepre- Corps, the Secretary shall support, including neurship program established or supported (2) SECRETARY.—The term ‘‘Secretary’’ through grants— means the Secretary, acting through the by an eligible entity using a grant awarded (1) market analysis and customer dis- Chief Commercialization Officer appointed under the program. covery for clean energy technologies; under subsection (a)(4) of section 1001 of the (2) ELIGIBLE ENTITY.—The term ‘‘eligible (2) entrepreneurial and commercial appli- Energy Policy Act of 2005 (42 U.S.C. 16391). entity’’ means— cation education, training, and mentoring (b) ESTABLISHMENT.—The Secretary shall (A) a National Laboratory; activities, including workshops, seminars, establish a pilot program, to be known as the (B) a nonprofit organization; and short courses; ‘‘Lab Partnering Service Pilot Program’’— (C) an institution of higher education; and (3) engagement with private sector entities (1) to provide services that encourage and (D) a federally owned corporation. to identify future research and development support partnerships between the National (3) ENTREPRENEURIAL FELLOW.—The term activities; and Laboratories and public and private sector ‘‘entrepreneurial fellow’’ means an indi- (4) any other activities that the Secretary entities; and vidual participating in a covered program. determines to be relevant to the purposes de- (2) to improve communication of research, (4) PROGRAM.—The term ‘‘program’’ means scribed in subsection (c). development, demonstration, and commer- the Lab-Embedded Entrepreneurship Pro- (e) STATE AND LOCAL PARTNERSHIPS.—In cial application projects and opportunities gram authorized under subsection (b). carrying out Energy I-Corps, the Secretary at the National Laboratories to potential (b) PROGRAM.—The Secretary shall con- may engage in partnerships with National partners. tinue the program within the Office of En- Laboratories, State and local governments, (c) EXISTING PROGRAM.—The pilot program ergy Efficiency and Renewable Energy economic development organizations, and may be established within, or as an expan- known as the ‘‘Lab-Embedded Entrepreneur- nonprofit organizations to broaden access to sion of, an existing Department program. ship Program’’, under which the Secretary, Energy I-Corps and support activities rel- (d) ACTIVITIES.—In carrying out the pilot or a designee of the Secretary at a National evant to the purposes described in subsection program, the Secretary shall— Laboratory, shall award grants to eligible (c). (1) conduct outreach to and engage with entities for the purpose of establishing or UTHORIZATION OF APPROPRIATIONS.— (f) A relevant public and private sector entities; supporting a covered program. There are authorized to be appropriated to (2) identify and disseminate best practices (c) PURPOSE.—The purpose of a covered the Secretary to carry out Energy I-Corps— for strengthening connections between the program is to provide entrepreneurial fel- (1) for eligible participants described in National Laboratories and public and private lows with access to National Laboratory re- subsection (a)(1)(A), $3,000,000 for each of fis- sector entities; and search facilities, expertise, and mentorship— cal years 2021 through 2025; and (3) develop a website to disseminate infor- (1) to perform research and development; (2) for eligible participants described in mation on— and subparagraphs (B) through (D) of subsection (A) different partnering mechanisms for (2) to gain expertise that may be required (a)(1), $3,000,000 for each of fiscal years 2021 working with the National Laboratories; or beneficial for the commercial application through 2025. (B) National Laboratory experts and re- of research ideas. (d) ENTREPRENEURIAL FELLOWS.— SEC. 4102. CLEAN ENERGY TECHNOLOGY TRANS- search areas; and (1) IN GENERAL.—In participating in a cov- FER COORDINATION. (C) National Laboratory facilities and user (a) IN GENERAL.—The Secretary, acting ered program, an entrepreneurial fellow facilities. through the Chief Commercialization Officer shall be provided— (e) COORDINATION.—In carrying out the appointed under subsection (a)(4) of section pilot program, the Secretary shall coordi- (A) by the Secretary or an eligible entity, 1001 of the Energy Policy Act of 2005 (42 nate with the Directors and dedicated tech- with— U.S.C. 16391), shall support the coordination nology transfer staff of the National Labora- (i) opportunities for entrepreneurial train- of relevant technology transfer programs, in- tories, with a focus on matchmaking services ing, professional development, and net- cluding programs authorized under this sub- for individual projects led by the National working through exposure to leaders from title and section 4202, that advance the com- Laboratories. academia, industry, government, and fi- mercial application of clean energy tech- (f) METRICS.—The Secretary shall collabo- nance, who may serve as advisors to or part- nologies nationally and across all energy rate with program evaluation experts to de- ners of an entrepreneurial fellow; sectors. velop metrics to determine— (ii) financial and technical support for re- (b) ACTIVITIES.—In carrying out subsection (1) the effectiveness of the pilot program in search, development, and commercial appli- (a), the Secretary may— achieving the purposes described in sub- cation activities; (1) facilitate the sharing of information on section (b); and (iii) fellowship awards to cover costs of liv- best practices for successful operation of (2) the number and types of partnerships ing, health insurance, and travel stipends for clean energy technology transfer programs; established between public and private sec- the duration of the fellowship; and (2) coordinate resources and improve co- tor entities and the National Laboratories (iv) any other resources determined appro- operation among clean energy technology compared to historical trends. priate by the Secretary; and transfer programs; (g) FUNDING EMPLOYEE PARTNERING ACTIVI- (B) by an eligible entity with— (3) organize national platforms or events TIES.—The Secretary shall delegate to the (i) access to the facilities and expertise of for showcasing innovative companies and en- Directors of the National Laboratories the staff of a National Laboratory; trepreneurs and promoting networking with authority to establish, without regard to (ii) engagement with external stake- prospective investors and partners; title 5, United States Code, or any regulation holders; and (4) facilitate connections between entre- issued under that title, a mechanism for (iii) market and customer development op- preneurs and startup companies and Depart- compensating National Laboratory employ- portunities. ment programs related to clean energy tech- ees providing services under the pilot pro- (2) PRIORITY.—In carrying out a covered nology transfer; and gram. program, an eligible entity shall give pri- (5) facilitate the development of metrics to (h) DURATION.—Subject to the availability ority to supporting entrepreneurial fellows measure the impact of clean energy tech- of appropriations, the pilot program shall op- with respect to professional development and nology transfer programs on— erate for not less than 3 years. development of a relevant technology.

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(e) METRICS.—The Secretary shall support (I) by striking ‘‘for the program under sub- (1) a full leave of absence, with the option the development of short-term and long- section (b)’’ and inserting ‘‘and metrics for to return to the same or comparable position term metrics to assess the effectiveness of the programs under subsections (b) and (c)’’; not more than 3 years after the date on covered programs in achieving the purposes and which the full leave of absence begins; or of the program. (II) by striking ‘‘Laboratory or single-pur- (2) a partial leave of absence. (f) COORDINATION; INTERAGENCY COLLABORA- pose research facility’’ and inserting ‘‘Lab- (b) TERMINATION AUTHORITY.—Notwith- TION.—The Secretary shall— oratory, single-purpose research facility, or standing any provision of title 5, United (1) oversee the planning and coordination covered facility, as applicable’’; States Code, or any regulation issued under of grants awarded under the program; and (2) by redesignating subsections (c) and (d) that title, each Director of a National Lab- (2) collaborate with other Federal agen- as subsections (d) and (e), respectively; oratory may remove any National Labora- cies, including the Department of Defense, (3) by inserting after subsection (b) the fol- tory employee who participates in a leave regarding opportunities for Federal agencies lowing: program if the employee is found to violate to partner with covered programs. ‘‘(c) SMALL BUSINESS VOUCHER PROGRAM.— the terms by which that employee is em- (g) BEST PRACTICES.—The Secretary shall ‘‘(1) DEFINITIONS.—In this subsection: ployed. identify and disseminate to eligible entities ‘‘(A) COVERED FACILITY.—The term ‘covered (c) LICENSING.—To reduce barriers to par- best practices for achieving the purposes of facility’ means a national security labora- ticipation in a leave program, the Secretary the program. tory or nuclear weapons production facility shall require each Director of a National (h) AUTHORIZATION OF APPROPRIATIONS.— (as those terms are defined in section 4002 of Laboratory to establish streamlined mecha- There is authorized to be appropriated to the the Atomic Energy Defense Act (50 U.S.C. nisms for facilitating the licensing of tech- Secretary to carry out this section $25,000,000 2501)) that the Administrator of the National nology that is the focus of a National Lab- for each of fiscal years 2021 through 2025. Nuclear Security Administration determines oratory employee who participates in a leave is within the mission of the program. program. SEC. 4203. SMALL BUSINESS VOUCHER PROGRAM. ‘‘(B) DIRECTOR.—The term ‘Director’ (d) REPORT.—The Secretary shall include Section 1003 of the Energy Policy Act of means— in each updated technology transfer execu- 2005 (42 U.S.C. 16393) is amended— ‘‘(i) the Director of a National Laboratory; tion plan submitted under subsection (f)(2) of (1) in subsection (a)— ‘‘(ii) the Director of a single-purpose re- section 1001 of the Energy Policy Act of 2005 (A) by redesignating paragraphs (1) search facility; and (42 U.S.C. 16391) information on the imple- through (5) as subparagraphs (A) through (E), ‘‘(iii) the Director of a covered facility. mentation of the leave program, including, respectively, and indenting appropriately; ‘‘(C) PROGRAM.—The term ‘program’ means for the year covered by the report— (B) in the matter preceding subparagraph the program established under paragraph (2). (1) the number of employees that have par- (A) (as so redesignated)— ‘‘(2) ESTABLISHMENT.—The Secretary, act- ticipated in the program at each National (i) , by striking ‘‘and may require the Di- ing through the Chief Commercialization Of- Laboratory; and rector of a single-purpose research facility’’ ficer appointed under section 1001(a)(4), and (2) the number of employees that have and inserting ‘‘the Director of each single- in consultation with the Directors, shall es- taken a permanent leave of absence. purpose research facility, and the Director of tablish a program to provide small business SEC. 4205. OUTSIDE EMPLOYMENT AND ACTIVI- each covered facility’’; and concerns with vouchers— TIES FOR NATIONAL LABORATORY (ii) by striking ‘‘The Secretary’’ and in- ‘‘(A) to achieve the goal described in sub- EMPLOYEES. serting the following: section (a)(1)(A); and (a) IN GENERAL.—The Secretary shall dele- ‘‘(1) DEFINITION OF COVERED FACILITY.—In ‘‘(B) to improve the products, services, and gate to each Director of a National Labora- this subsection, the term ‘covered facility’ capabilities of small business concerns in the tory the authority to allow an employee of means a national security laboratory or nu- mission space of the Department. that National Laboratory, notwithstanding clear weapons production facility (as those ‘‘(3) VOUCHERS.—Vouchers provided under any provision of title 5, United States Code, terms are defined in section 4002 of the the program shall be used at National Lab- or any regulation issued under that title— Atomic Energy Defense Act (50 U.S.C. 2501)) oratories, single-purpose research facilities, (1) to engage in and receive compensation that the Administrator of the National Nu- and covered facilities for— for outside employment, including providing clear Security Administration determines is ‘‘(A) research, development, demonstra- consulting services, relating to licensing within the mission of a program established tion, technology transfer, or commercial ap- technologies developed at a National Labora- under subsection (b) or (c). plication activities; or tory or an area of expertise of the employee ‘‘(2) RESPONSIBILITIES.—The Secretary’’; ‘‘(B) any other activity that the applicable at the National Laboratory; and Director determines appropriate. (2) to engage in other outside activities re- (C) in paragraph (2) (as so designated)— ‘‘(4) EXPEDITED CONTRACTING.—The Sec- lated to the area of expertise of the em- (i) in subparagraph (A) (as so redesig- retary, in collaboration with the Directors, ployee at the National Laboratory; and nated)— shall establish a streamlined approval proc- (3) in the course of that outside employ- (I) by striking ‘‘increase’’ and inserting ess for expedited contracting between— ment or activity, to access the National Lab- ‘‘encourage’’; ‘‘(A) a small business concern selected to oratories under the same contracting mecha- (II) by striking ‘‘collaborative research,’’ receive a voucher under the program; and nisms as nonlaboratory employees and enti- and inserting ‘‘research, development, dem- ‘‘(B) a National Laboratory, single-purpose ties, in accordance with appropriate conflict onstration, commercial application activi- research facility, or covered facility. of interest protocols. ties, including product development,’’; and ‘‘(5) COST-SHARING REQUIREMENT.—In car- (b) REQUIREMENTS.—If a Director of Na- (III) by striking ‘‘Laboratory or single-pur- rying out the program, the Secretary shall tional Laboratory elects to use the authority pose research facility’’ and inserting ‘‘Lab- require cost-sharing in accordance with sec- delegated under subsection (a), the Director, oratory, single-purpose research facility, or tion 988. or a designee, shall— covered facility, as applicable’’; ‘‘(6) ANNUAL REPORT.—The Secretary shall (1) require employees to obtain approval (ii) in subparagraph (B) (as so redesig- include in the annual report required under from the Director or the designee prior to nated)— section 1001(f)(2) a description of the imple- engaging in the outside employment or ac- (I) by striking ‘‘Laboratory or single-pur- mentation and progress of the program, in- tivity described in that subsection; pose research facility’’ and inserting ‘‘Lab- cluding, for the year covered by the report, (2) develop and require appropriate conflict oratory, single-purpose research facility, or the number and locations of small business of interest protocols for employees that en- covered facility, as applicable,’’; and concerns that have received vouchers under gage in that outside employment or activity; (II) by striking ‘‘procurement and collabo- the program.’’; and and rative research along with’’ and inserting (4) in subsection (e) (as so redesignated), by (3) maintain the authority to terminate an ‘‘the activities described in subparagraph (A) striking ‘‘this section’’ and all that follows employee engaging in that outside employ- and’’; through the period at the end and inserting ment or activity if the employee is found to (iii) in subparagraph (C) (as so redesig- ‘‘subsection (c) $25,000,000 for each of fiscal violate the applicable terms of employment, nated)— years 2021 through 2025.’’. including conflict of interest protocols. (I) by inserting ‘‘facilities,’’ before ‘‘train- SEC. 4204. ENTREPRENEURIAL LEAVE PROGRAM. (c) RESTRICTIONS.—An employee of a Na- ing’’; and (a) IN GENERAL.—The Secretary shall dele- tional Laboratory engaging in outside em- (II) by striking ‘‘procurement and collabo- gate to each Director of a National Labora- ployment or activity permitted under sub- rative research activities’’ and inserting tory the authority to carry out an entrepre- section (a) may not, in the course of or due ‘‘the activities described in subparagraph neurial leave program (referred to in this to that outside employment or activity— (A)’’; section as a ‘‘leave program’’) to allow em- (1) sacrifice, hamper, or impede the duties (iv) in subparagraph (D) (as so redesig- ployees of the National Laboratory to take, of the employee at the National Laboratory; nated), by striking ‘‘Laboratory or single- for the purpose of advancing the commercial (2) use National Laboratory equipment, purpose research facility’’ and inserting application of energy and related tech- property, or resources unless that use is in ‘‘Laboratory, single-purpose research facil- nologies relevant to the mission of the De- accordance with a National Laboratory con- ity, or covered facility, as applicable,’’; and partment, and notwithstanding any provi- tracting mechanism, such as a cooperative (v) in subparagraph (E) (as so redesig- sion of title 5, United States Code, or any research and development agreement or a nated)— regulation issued under that title— strategic partnership project, under which

VerDate Sep 11 2014 09:09 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00097 Fmt 4624 Sfmt 0634 E:\CR\FM\A30SE6.073 S30SEPT1 SSpencer on DSK126QN23PROD with SENATE S5996 CONGRESSIONAL RECORD — SENATE September 30, 2020 all relevant conflict of interest requirements (2) professional organizations in project SEC. 4303. EXTENSION OF OTHER TRANSACTION apply; or management, construction, cost estimation, AUTHORITY. (3) use the position of the employee at a and other relevant fields. Section 646(g)(10) of the Department of En- ergy Organization Act (42 U.S.C. 7256(g)(10) is National Laboratory to provide an unfair (g) REPORT BY SECRETARY.—The Secretary competitive advantage to an outside em- shall include in each updated technology amended by striking ‘‘2020’’ and inserting ployer or startup activity. transfer execution plan submitted under sub- ‘‘2030’’. (d) REPORT.—The Secretary shall include section (f)(2) of section 1001 of the Energy SEC. 4304. MILESTONE-BASED DEMONSTRATION in each updated technology transfer execu- Policy Act of 2005 (42 U.S.C. 16391) informa- PROJECTS. (a) IN GENERAL.—Pursuant to section 646(g) tion plan submitted under subsection (f)(2) of tion on the implementation of and progress of the Department of Energy Organization section 1001 of the Energy Policy Act of 2005 made under the program established under Act (42 U.S.C. 7256(g)), the Secretary shall es- (42 U.S.C. 16391) information on the use of subsection (b), including, for the year cov- tablish a program under which the Secretary the authority delegated under this section. ered by the report— shall award funds to eligible entities, as de- Subtitle C—Department of Energy (1) the covered projects under the purview termined by the Secretary, to carry out Modernization of the program; and milestone-based demonstration projects that SEC. 4301. MANAGEMENT OF LARGE DEMONSTRA- (2) the review of each covered project under require technical and financial milestones to TION PROJECTS. subsection (c)(5). (a) DEFINITION OF COVERED PROJECT.—In be met before the eligible entity is awarded (h) REPORT BY COMPTROLLER GENERAL.— funds. this section, the term ‘‘covered project’’ Not later than 3 years after the date of en- means a Department demonstration project (b) PROPOSALS.—An eligible entity shall actment of this Act, the Comptroller General submit to the Secretary a proposal to carry that receives or is eligible to receive not less of the United States shall submit to the than $50,000,000 in funding from the Depart- out a milestone-based demonstration project Committee on Energy and Natural Resources at such time, in such manner, and con- ment. of the Senate and the Committee on Science, (b) ESTABLISHMENT.—The Secretary, in co- taining such information as the Secretary Space, and Technology of the House of Rep- ordination with the heads of relevant De- may require, including— resentatives an evaluation of the operation partment program offices, shall establish a (1) a business plan, which may include a of the program established under subsection program to conduct project management and plan for scalable manufacturing; (b), including— oversight of covered projects, including by— (2) a plan for raising private sector invest- (1) the processes and procedures used to (1) conducting evaluations of covered ment; and evaluate covered project proposals and over- project proposals prior to selection of a (3) proposed technical and financial mile- see covered projects; and project for funding; stones, including estimated project timelines (2) any recommended changes to the pro- (2) conducting independent oversight of the and total costs. gram, including to— execution of a covered project after funding (c) AWARDS.— (A) the processes and procedures described has been awarded for that project; and (1) IN GENERAL.—The Secretary shall award in paragraph (1); and (3) ensuring a balanced portfolio of invest- funds of a predetermined amount under sub- (B) the structure of the program, for the ments in clean energy technology dem- section (a)— purpose of better carrying out the program. onstration projects. (A) for projects that successfully meet (c) DUTIES.—The head of the program es- SEC. 4302. STREAMLINING PRIZE COMPETITIONS. project milestones; and tablished under subsection (b), in coordina- Section 1008 of the Energy Policy Act of (B) for expenses determined reimbursable tion with the heads of relevant Department 2005 (42 U.S.C. 16396) (as amended by section by the Secretary, in accordance with terms program offices, shall— 1301(f)) is amended— negotiated for the award of funds. (1) evaluate covered project proposals, in- (1) by redesignating subsections (e), (f), and (2) COST RESPONSIBILITY.—An eligible enti- cluding scope, technical specifications, ma- (g) as subsections (i), (e), and (f), respec- ty that receives funds under subsection (a) turity of design, funding profile, estimated tively, and moving those subsections so as to shall be responsible for the costs of the mile- costs, proposed schedule, proposed technical appear in alphabetical order; and stone-based demonstration project until— and financial milestones, and potential for (2) by inserting after subsection (f) (as so (A) the applicable technical and financial commercial success based on economic and redesignated) the following: milestones are achieved; or policy projections; (B) reimbursable expenses are reviewed and ‘‘(g) COORDINATION.—In carrying out a pro- verified by the Department. (2) develop independent cost estimates of gram under subsection (a), and for any prize (3) FAILURE TO MEET MILESTONES.—If an eli- covered project proposals, if appropriate; competition carried out under section 24 of (3) recommend to the Director of a pro- gible entity that receives funds under sub- the Stevenson-Wydler Technology Innova- section (a) does not meet the milestones of gram office whether to fund a covered tion Act of 1980 (15 U.S.C. 3719), the Sec- project proposal, as appropriate; the milestone-based demonstration project, retary shall— the Secretary or a designee may cease fund- (4) oversee the execution of covered ‘‘(1) designate at least 1 full-time employee projects, including reconciling estimated ing the project and reallocate the remaining to serve as a Department-wide point of con- funds to new or existing milestone-based costs compared to actual costs; tact for the program or prize competition, as (5) conduct reviews of ongoing covered demonstration projects. applicable; (d) PROJECT MANAGEMENT.—In carrying out projects, including— ‘‘(2) issue Department-wide guidance on (A) evaluating the progress of a covered the program established under subsection the design, development, and implementa- (a), including in assessing the completion of project based on the proposed schedule and tion of a prize competition; technical and financial milestones; and milestones in each milestone-based dem- ‘‘(3) collect and disseminate best practices onstration project awarded funds under the (B) providing those evaluations to the Sec- on the design and administration of a prize retary; and program, the Secretary— competition; (1) shall consult with experts that rep- (6) assess lessons learned and implement ‘‘(4) streamline contracting mechanisms improvements to evaluate and oversee cov- resent diverse perspectives and professional for the implementation of a prize competi- experiences, including experts from the pri- ered projects. tion; and (d) PROJECT TERMINATION.—Notwith- vate sector, to ensure a complete and thor- ‘‘(5) provide training and prize competition standing any other provision of law, if a cov- ough review; design support, as necessary, to Department ered project receives an unfavorable review (2) shall communicate regularly with se- staff to develop prize competitions and chal- under subsection (c)(5), the Director of the lected eligible entities; and lenges. Department program office funding that (3) may allow for flexibilities in adjusting project, or a designee of that Director, may ‘‘(h) REPORT.—The Secretary shall include the technical and financial milestones of a cease funding the project and reallocate the in the annual report required under section milestone-based demonstration project as remaining funds to a new or existing covered 1001(f)(2) a description of, with respect to the the demonstration project matures. project carried out by that program office. programs carried out under subsection (a) (e) COST-SHARING.—Each milestone-based (e) EMPLOYEES.—To carry out the program and prize competitions carried out under sec- demonstration project awarded funds under established under subsection (b), the Sec- tion 24 of the Stevenson-Wydler Technology subsection (a) shall require cost-sharing in retary— Innovation Act of 1980 (15 U.S.C. 3719), for accordance with section 988 of the Energy (1) shall appoint at least 2 full-time em- each year covered by the report— Policy Act of 2005 (42 U.S.C. 16352). ployees; and ‘‘(1) each program and prize competition (f) REPORT.—The Secretary shall include in (2) may hire personnel pursuant to section carried out; each updated technology transfer execution 4306. ‘‘(2) the total amount of prizes awarded plan submitted under subsection (f)(2) of sec- (f) COORDINATION.—In carrying out the pro- and the total amount of private sector con- tion 1001 of the Energy Policy Act of 2005 (42 gram established under subsection (b), the tributions, if applicable; U.S.C. 16391) information on the implementa- Secretary shall coordinate with— ‘‘(3) the methods used for solicitation and tion of and progress made under the program (1) project management and acquisition evaluation; and established under subsection (a), including, management entities within the Depart- ‘‘(4) the manner in which each prize com- for the year covered by the report, each ment, including the Office of Project Man- petition advances the mission of the Depart- milestone-based demonstration project agement; and ment.’’. awarded funds under the program.

VerDate Sep 11 2014 09:09 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00098 Fmt 4624 Sfmt 0634 E:\CR\FM\A30SE6.073 S30SEPT1 SSpencer on DSK126QN23PROD with SENATE September 30, 2020 CONGRESSIONAL RECORD — SENATE S5997 SEC. 4305. COST-SHARING. (1) includes an evaluation of the program; (A) modifying airport, air carrier, security (a) TERMINATION DATE EXTENSION FOR IN- and (including passenger security screening), and STITUTIONS OF HIGHER EDUCATION AND OTHER (2) describes the extent to which the pro- other operations related to passenger air NONPROFIT INSTITUTIONS.—Section gram is achieving the purposes of the pro- travel, including passenger queuing, board- 988(b)(4)(B) of the Energy Policy Act of 2005 gram, based on relevant short-term and long- ing, deplaning, and baggage handling proce- (42 U.S.C. 16352(b)(4)(B)) is amended by strik- term metrics, including any metrics devel- dures, as a result of— ing ‘‘this paragraph’’ and inserting ‘‘the En- oped under the program, if applicable. (i) current and anticipated changes to pas- ergizing Technology Transfer Act of 2020’’. SEC. 4403. REPORT ON TECHNOLOGY TRANSFER senger air travel during and after the (b) REPORTS.—Section 108(b) of the Depart- GAPS. COVID–19 public health emergency; and ment of Energy Research and Innovation Act Not later than 3 years after the date of en- (ii) anticipated changes to passenger air (Public Law 115–246; 132 Stat. 3134) is amend- actment of this Act, the Secretary shall— travel resulting from any seasonal recur- ed by striking ‘‘this Act’’ each place it ap- (1) seek to enter into an agreement with rence of the coronavirus; pears and inserting ‘‘the Energizing Tech- the National Academies of Sciences, Engi- (B) mitigating the public health and eco- nology Transfer Act of 2020’’. neering, and Medicine to study existing pro- nomic impacts of the COVID–19 public health SEC. 4306. SPECIAL HIRING AUTHORITY FOR SCI- grammatic gaps in the commercial applica- emergency and any seasonal recurrence of ENTIFIC, ENGINEERING, AND tion of technologies among National Labora- the coronavirus on airports and passenger PROJECT MANAGEMENT PER- tories under programs supported by the De- air travel (including through the use of per- SONNEL. sonal protective equipment, the implementa- (a) IN GENERAL.—Without regard to the partment; and tion of strategies to promote overall pas- civil service laws, the Secretary may— (2) submit to the Committee on Energy and Natural Resources of the Senate and the senger and employee safety, and the accom- (1) make appointments of scientific, engi- modation of social distancing as feasible and neering, and professional personnel to assist Committee on Science, Space, and Tech- nology of the House of Representatives a re- necessary); the Department in meeting specific project (C) addressing privacy and civil liberty or research needs; port on the findings of the study under paragraph (1). issues that may arise from passenger health (2) fix the basic pay of an employee ap- screenings, contact-tracing, or other proc- pointed under paragraph (1) at a rate to be SA 2677. Mr. PORTMAN (for Mr. esses used to monitor the health of individ- determined by the Secretary, but not in ex- uals engaged in air travel; and MARKEY (for himself, Mr. WICKER, and cess of the rate of pay for level II of the Ex- (D) operating procedures to manage future ecutive Schedule under section 5313 of title 5, Mr. BLUMENTHAL)) proposed an amend- public health crises that can be anticipated, United States Code; and ment to the bill S. 3681, to require a to the extent such public health crises may (3) pay an employee appointed under para- joint task force on air travel during impact air travel. graph (1) payments in addition to basic pay, and after the COVID–19 Public Health (3) APPLICABLE PERIODS.—For purposes of except that the total amount of additional Emergency, and for other purposes; as paragraph (2), the applicable periods de- payments for any 12-month period shall not follows: scribed in this paragraph are the following exceed the lesser of— periods: Strike all after the enacting clause and in- (A) $25,000; (A) The period beginning on the date of the sert the following: (B) the amount equal to 25 percent of the first meeting of the Joint Task Force and annual rate of basic pay of that employee; SECTION 1. SHORT TITLE. ending on the last day of the COVID–19 pub- and This Act may be cited as the ‘‘Ensuring lic health emergency. (C) the amount of the limitation in a cal- Health Safety in the Skies Act of 2020’’. (B) The 1-year period beginning on the day endar year under section 5307(a)(1) of title 5, SEC. 2. DEFINITIONS. after the end of the period described in sub- United States Code. In this Act: paragraph (A). (b) TERM.—With respect to an employee ap- (1) ADVISORY COMMITTEE.—The term ‘‘Advi- (c) ACTIVITIES OF THE JOINT TASK FORCE.— pointed under subsection (a)(1)— sory Committee’’ means the Joint Federal (1) IN GENERAL.—In developing the rec- (1) the term of such an employee shall be Advisory Committee established under sec- ommended requirements, plans, and guide- for a period that is not longer than 3 years, tion 4. lines under subsection (b), and prior to in- unless a longer term is explicitly authorized (2) AIR TRAVEL.—The term ‘‘air travel’’ including such recommendations in the final under law; and cludes international air travel. report required under section 5(b), the Joint (2) notwithstanding any provision of title (3) COVID–19 PUBLIC HEALTH EMERGENCY.— Task Force shall— 5, United States Code, or any regulation The term ‘‘COVID–19 public health emer- (A) conduct cost-benefit evaluations re- issued under that title, the Secretary may gency’’ means the public health emergency garding such recommendations, including remove any such employee at any time based first declared on January 31, 2020, by the Sec- costs impacting air operations and impacts on— retary of Health and Human Services under on air travel; (A) the performance of the employee; or section 319 of the Public Health Service Act (B) consider funding constraints; (B) changing project or research needs of (42 U.S.C. 247d) with respect to COVID–19 and (C) use risk-based decision-making; and the Department. includes any renewal of such declaration (D) consult with the Advisory Committee Subtitle D—Reports pursuant to such section 319. established in section 4(a) and consider any SEC. 4401. UPDATED TECHNOLOGY TRANSFER (4) JOINT TASK FORCE.—The term ‘‘Joint consensus policy recommendations of the EXECUTION PLAN REPORT. Task Force’’ means the Joint Task Force on Advisory Committee submitted under sec- Subsection (f)(2) of section 1001 of the En- Air Travel During and After the COVID–19 tion 4(b). ergy Policy Act of 2005 (42 U.S.C. 16391) (as Public Health Emergency established under (2) INTERNATIONAL CONSULTATION.—The redesignated by section 1805(a)(4)) is amend- section 3(a). Joint Task Force shall consult, as prac- ed by striking ‘‘Congress’’ and all that fol- SEC. 3. JOINT TASK FORCE ON AIR TRAVEL DUR- ticable, with relevant international entities lows through the period at the end and in- ING AND AFTER THE COVID–19 PUB- and operators, including the International serting the following: ‘‘Congress— LIC HEALTH EMERGENCY. Civil Aviation Organization, to harmonize ‘‘(A) an updated execution plan; and (a) IN GENERAL.—Not later than 30 days (to the extent possible) recommended re- ‘‘(B) a report that, for the year covered by after the date of enactment of this Act, the quirements, plans, and guidelines for air the report— Secretary of Transportation, the Secretary travel during and after the COVID–19 public ‘‘(i) describes progress toward meeting the of Homeland Security, and the Secretary of health emergency. goals set forth in the execution plan; Health and Human Services shall establish (d) MEMBERSHIP.— ‘‘(ii) describes the funds expended under the Joint Task Force on Air Travel During (1) CHAIR.—The Secretary of Transpor- subsection (c); and and After the COVID–19 Public Health Emer- tation (or the Secretary’s designee) shall ‘‘(iii) contains any other information re- gency. serve as Chair of the Joint Task Force. quired to be included in the report— (b) DUTIES.— (2) VICE-CHAIR.—The Secretary of Health ‘‘(I) under this title; and (1) IN GENERAL.—The Joint Task Force and Human Services (or the Secretary’s des- ‘‘(II) under the Energizing Technology shall develop recommended requirements, ignee) shall serve as Vice-Chair of the Joint Transfer Act of 2020.’’. plans, and guidelines to address the health, Task Force. SEC. 4402. REPORT ON SHORT- AND LONG-TERM safety, security, and logistical issues relat- (3) OTHER MEMBERS.—In addition to the METRICS. ing to— Chair and Vice-Chair, the members of the Not later than 3 years after the date of en- (A) the continuation of air travel during Joint Task Force shall include representa- actment of this Act, and every 3 years there- the COVID–19 public health emergency; and tives of the following: after, the Secretary shall submit to the Com- (B) the resumption of full operations at (A) The Department of Transportation. mittee on Energy and Natural Resources of airports and increased passenger air travel (B) The Department of Homeland Security. the Senate and the Committee on Science, after the COVID–19 public health emergency. (C) The Department of Health and Human Space, and Technology of the House of Rep- (2) RECOMMENDATIONS.—The recommenda- Services. resentatives a report that, with respect to tions developed under paragraph (1), with re- (D) The Federal Aviation Administration. each program established under sections 4101 spect to the applicable periods described in (E) The Transportation Security Adminis- and 4202— paragraph (3), shall include— tration.

VerDate Sep 11 2014 09:09 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00099 Fmt 4624 Sfmt 0634 E:\CR\FM\A30SE6.073 S30SEPT1 SSpencer on DSK126QN23PROD with SENATE S5998 CONGRESSIONAL RECORD — SENATE September 30, 2020 (F) U.S. Customs and Border Protection. mittee submits policy recommendations to proceed to the en bloc consideration of (G) The Centers for Disease Control and the Joint Task Force pursuant to subsection the following Senate resolutions, which Prevention. (b), the Secretary of Transportation shall were submitted earlier today: S. Res. (H) The Occupational Safety and Health publish such policy recommendations on a 730 through S. Res. 741. Administration. publicly accessible website. (I) The National Institute for Occupational The PRESIDING OFFICER. Without SEC. 5. BRIEFINGS AND REPORTS. objection, it is so ordered. Safety and Health. (a) PRELIMINARY BRIEFINGS.—As soon as (J) The Pipeline and Hazardous Materials practicable, but not later than 6 months There being no objection, the Senate Safety Administration. after the date on which the Joint Task Force proceeded to consider the resolutions (K) The Department of State. is established under section 3(a), the Joint en bloc. (L) The Environmental Protection Agency. Task Force shall begin providing prelimi- Mr. PORTMAN. I know of no further SEC. 4. JOINT FEDERAL ADVISORY COMMITTEE. nary briefings to Congress on the status of debate on the resolutions. (a) ESTABLISHMENT.—Not later than 15 days the development of the recommended re- The PRESIDING OFFICER. If there after the date on which the Joint Task Force quirements, plan, and guidelines under sec- is no further debate, the question is on is established under section 3(a), the Sec- tion 3(b). The preliminary briefings shall in- adoption of the resolutions en bloc. retary of Transportation, in consultation clude interim versions, if any, of the rec- with the Secretary of Homeland Security ommendations of the Joint Task Force. The resolutions were agreed to. and the Secretary of Health and Human (b) FINAL REPORT.— Mr. PORTMAN. Mr. President, I ask Services, shall establish a Joint Federal Ad- (1) DEADLINE.—As soon as practicable, but unanimous consent that the preambles, visory Committee to advise the Joint Task not later than 18 months after the date of en- where applicable, be agreed to and that Force. actment of this Act, the Joint Task Force the motions to reconsider be consid- (b) DUTIES OF THE ADVISORY COMMITTEE.— shall submit a final report to Congress. ered made and laid upon the table, all The Advisory Committee shall develop and (2) CONTENT.—The final report shall in- en bloc. submit consensus policy recommendations clude the following: The PRESIDING OFFICER. Without to the Joint Task Force for the Joint Task (A) All of the recommended requirements, Force to consider when developing rec- plans, and guidelines developed by the Joint objection, it is so ordered. ommendations under section 3(b). Task Force under section 3(b), and a descrip- The preambles were agreed to. (c) MEMBERSHIP.—The members of the Ad- tion of any action taken by the Federal Gov- (The resolutions, with their pre- visory Committee shall include representa- ernment as a result of such recommenda- ambles, are printed in today’s RECORD tives of the following: tions. under ‘‘Submitted Resolutions.’’) (1) Airport operators designated by the (B) Consensus policy recommendations Secretary of Transportation in consultation submitted by the Advisory Committee under f with the Secretary of Homeland Security. section 4(b), and an explanation (including HONORING THE LIFE AND LEGACY (2) Air carriers designated by the Secretary data and risk analysis) of any action by the OF COYA KNUTSON of Transportation. Joint Task Force in response to such rec- (3) Aircraft and aviation manufacturers ommendations. Mr. PORTMAN. Mr. President, I ask designated by the Secretary of Transpor- SEC. 6. TERMINATION. unanimous consent that the Judiciary tation. The Joint Task Force and the Advisory Committee be discharged from further (4) Labor organizations representing— Committee shall terminate 30 days after the consideration of S. Res. 687 and the (A) aviation industry workers (including date on which the Joint Task Force submits Senate proceed to its immediate con- pilots, flight attendants, engineers, mainte- the final report required under section 5(b). nance, mechanics, air traffic controllers, and sideration. safety inspectors) designated by the Sec- f The PRESIDING OFFICER. Without objection, it is so ordered. retary of Transportation; and AUTHORITY FOR COMMITTEES TO The clerk will report the resolution (B) security screening personnel des- MEET ignated by the Secretary of Homeland Secu- by title. rity. Mr. LANKFORD. Mr. President, I The senior assistant legislative clerk (5) Public health experts designated by the have 3 requests for committees to meet read as follows: Secretary of Health and Human Services. during today’s session of the Senate. A resolution (S. Res. 687) honoring the life (6) Organizations representing airline pas- They have the approval of the Majority and legacy of Coya Knutson. sengers designated by the Secretary of and Minority leaders. Transportation. There being no objection, the com- (7) Privacy and civil liberty organizations Pursuant to rule XXVI, paragraph mittee was discharged and the Senate designated by the Secretary of Homeland Se- 5(a), of the Standing Rules of the Sen- proceeded to consider the resolution. curity. ate, the following committees are au- Mr. PORTMAN. Mr. President, I ask (8) Manufacturers and integrators of pas- thorized to meet during today’s session unanimous consent that the resolution senger screening and identity verification of the Senate: technologies designated by the Secretary of be agreed to, the preamble be agreed COMMITTEE ON COMMERCE, SCIENCE, AND Homeland Security. to, and the motion to reconsider be TRANSPORTATION (9) Trade associations representing air car- considered made and laid upon the riers (including major passenger air carriers, The Committee on Commerce, table with no intervening action or de- low-cost passenger air carriers, regional pas- Science, and Transportation is author- bate. senger air carriers, cargo air carriers, and ized to meet during the session of the The PRESIDING OFFICER. Without foreign passenger air carriers) designated by Senate on Wednesday, September 30, objection, it is so ordered. the Secretary of Transportation in consulta- 2020, at 10 a.m., to conduct a hearing. The resolution (S. Res. 687) was tion with the Secretary of Homeland Secu- COMMITTEE ON HOMELAND SECURITY AND rity. agreed to. GOVERNMENTAL AFFAIRS (10) Trade associations representing air- The preamble was agreed to. port operators (including large hub, medium The Committee on Homeland Secu- (The resolution, with its preamble, is hub, small hub, nonhub primary, and nonpri- rity and Governmental Affairs is au- printed in the RECORD of September 10, mary commercial service airports) des- thorized to meet during the session of 2020, under ‘‘Submitted Resolutions.’’) ignated by the Secretary of Transportation the Senate on Wednesday, September f in consultation with the Secretary of Home- 30, 2020, at 10 a.m., to conduct a hear- land Security. ing. RECOGNIZING 100 YEARS OF SERV- (d) VACANCIES.—Any vacancy in the mem- COMMITTEE ON THE JUDICIARY ICE BY CHIEF PETTY OFFICERS bership of the Advisory Committee shall not IN THE UNITED STATES COAST affect its responsibilities but shall be filled The Committee on the Judiciary is in the same manner as the original appoint- authorized to meet during the session GUARD ment and in accordance with the Federal Ad- of the Senate on Wednesday, Sep- Mr. PORTMAN. Mr. President, I ask visory Committee Act (5 U.S.C. App). tember 30, 2020, at 10 a.m., to conduct a unanimous consent that the Com- (e) PROHIBITION ON COMPENSATION.—The hearing. mittee on Commerce, Science, and members of the Advisory Committee shall Transportation be discharged from fur- not receive any compensation from the Fed- f ther consideration and the Senate now eral Government by reason of their service RESOLUTIONS SUBMITTED TODAY on the Advisory Committee. proceed to S. Res. 694. (f) PUBLICATION.—Not later than 14 days Mr. PORTMAN. Mr. President, I ask The PRESIDING OFFICER. Without after the date on which the Advisory Com- unanimous consent that the Senate objection, it is so ordered.

VerDate Sep 11 2014 09:09 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00100 Fmt 4624 Sfmt 0634 E:\CR\FM\A30SE6.072 S30SEPT1 SSpencer on DSK126QN23PROD with SENATE September 30, 2020 CONGRESSIONAL RECORD — SENATE S5999 The clerk will report the resolution ‘‘(ii) Positions in offices of Members of Con- any other amounts available for marine policy by title. gress that have a demonstrated interest in fellowships under section 208(b) of the National The senior assistant legislative clerk ocean, coastal, or Great Lakes resources. Sea Grant College Program Act (33 U.S.C. read as follows: ‘‘(B) EQUITABLE DISTRIBUTION.—In placing 1127(b)), including amounts— fellows in offices described in subparagraph (A), (1) accepted under section 204(c)(4)(F) of that A resolution (S. Res. 694) recognizing 100 the Secretary shall ensure that placements are Act (33 U.S.C. 1123(c)(4)(F)); or years of service by chief petty officers in the equitably distributed among the political par- (2) appropriated pursuant to the authoriza- United States Coast Guard. ties. tion of appropriations under section 212 of that There being no objection, the com- ‘‘(3) DURATION.—A fellowship’’. Act (33 U.S.C. 1131). mittee was discharged and the Senate (c) ADMINISTRATIVE COSTS.—Section 208(c) (33 SEC. 5. REDUCTION IN FREQUENCY REQUIRED U.S.C. 1127(c)) is amended to read as follows: FOR NATIONAL SEA GRANT ADVI- proceeded to consider the resolution. SORY BOARD REPORT. Mr. PORTMAN. I ask unanimous ‘‘(c) RESTRICTION ON USE OF FUNDS.— ‘‘(1) IN GENERAL.—Amounts available for fel- Section 209(b)(2) (33 U.S.C. 1128(b)(2)) is consent that the resolution be agreed lowships under this section, including amounts amended— to, the preamble be agreed to, and the accepted under section 204(c)(4)(F) or appro- (1) in the paragraph heading, by striking ‘‘BI- ENNIAL’’ and inserting ‘‘PERIODIC’’; motions to reconsider be considered priated under section 212 to implement this sec- (2) by striking the first sentence and inserting made and laid upon the table. tion, shall be used only for award of such fel- the following: ‘‘The Board shall report to Con- The PRESIDING OFFICER. Without lowships and administrative costs of imple- gress at least once every four years on the state objection, it is so ordered. menting this section. of the national sea grant college program and ‘‘(2) LIMITATION ON ADMINISTRATIVE COSTS.— The resolution (S. Res. 694) was shall notify Congress of any significant changes Not more than 3 percent of amounts made avail- agreed to. to the state of the program not later than two The preamble was agreed to. able for fellowships under subsection (b) may be years after the submission of such a report.’’; (The resolution, with its preamble, is used by a sea grant college or sea grant institute and for fringe or other necessary costs of admin- (3) in the second sentence, by adding before printed in the RECORD of September 15, istering the fellowships. 2020, under ‘‘Submitted Resolutions.’’) the end period the following: ‘‘and provide a ‘‘(3) ALLOWABLE USES.—Amounts provided to summary of research conducted under the pro- f a fellow under subsection (b) may be used by the gram’’. fellow for the costs of academic travel, including NATIONAL SEA GRANT COLLEGE SEC. 6. MODIFICATION OF ELEMENTS OF NA- travel costs relating to returning to the home in- TIONAL SEA GRANT COLLEGE PRO- PROGRAM AMENDMENTS ACT OF stitution of higher education of the fellow to GRAM. 2019 complete degree requirements.’’. Section 204(b) (33 U.S.C. 1123(b)) is amended, Mr. PORTMAN. Mr. President, I ask (d) EFFECTIVE DATE.—The amendments made in the matter preceding paragraph (1), by insert- unanimous consent that the Senate by this section shall apply with respect to the ing ‘‘for research, education, extension, train- first calendar year beginning after the date of ing, technology transfer, and public service’’ proceed to the immediate consider- the enactment of this Act. after ‘‘financial assistance’’. ation of Calendar No. 426, S. 910. (e) SENSE OF CONGRESS CONCERNING FEDERAL SEC. 7. DESIGNATION OF NEW NATIONAL SEA The PRESIDING OFFICER. The HIRING OF FORMER FELLOWS.—It is the sense of GRANT COLLEGES AND SEA GRANT clerk will report the bill by title. Congress that in recognition of the competitive INSTITUTES. The senior assistant legislative clerk nature of the fellowship under section 208(b) of Section 207(b) (33 U.S.C. 1126(b)) is amended— read as follows: the National Sea Grant College Program Act (33 (1) in the subsection heading, by striking ‘‘EX- ISTING DESIGNEES’’ and inserting ‘‘ADDITIONAL A bill (S. 910) to reauthorize and amend the U.S.C. 1127(b)), and of the exceptional qualifications of fellowship awardees, the Secretary of DESIGNATIONS’’; and National Sea Grant College Program Act, (2) by striking ‘‘Any institution’’ and insert- and for other purposes. Commerce, acting through the Under Secretary of Commerce for Oceans and Atmosphere, ing the following: ‘‘(1) NOTIFICATION TO CONGRESS OF DESIGNA- There being no objection, the Senate should encourage participating Federal agencies TIONS.— proceeded to consider the bill, which to consider opportunities for fellowship award- ‘‘(A) IN GENERAL.—Not less than 30 days be- had been reported from the Committee ees at the conclusion of their fellowships for fore designating an institution, or an associa- on Commerce, Science, and Transpor- workforce positions appropriate for their edu- tion or alliance of two or more such institutions, tation, with an amendment to strike cation and experience. as a sea grant college or sea grant institute all after the enacting clause and insert SEC. 4. MODIFICATION OF AUTHORITY OF SEC- under subsection (a), the Secretary shall notify RETARY OF COMMERCE TO ACCEPT Congress in writing of the proposed designation. in lieu thereof the following: DONATIONS FOR NATIONAL SEA The notification shall include an evaluation SECTION 1. SHORT TITLE. GRANT COLLEGE PROGRAM. and justification for the designation. (a) IN GENERAL.—Section 204(c)(4)(E) (33 This Act may be cited as the ‘‘National Sea ‘‘(B) EFFECT OF JOINT RESOLUTION OF DIS- U.S.C. 1123(c)(4)(E)) is amended to read as fol- Grant College Program Amendments Act of APPROVAL.—The Secretary may not designate 2019’’. lows: an institution, or an association or alliance of ‘‘(E) accept donations of money and, notwith- SEC. 2. REFERENCES TO THE NATIONAL SEA two or more such institutions, as a sea grant GRANT COLLEGE PROGRAM ACT. standing section 1342 of title 31, United States college or sea grant institute under subsection Except as otherwise expressly provided, wher- Code, of voluntary and uncompensated serv- (a) if, before the end of the 30-day period de- ever in this Act an amendment or repeal is ex- ices;’’. scribed in subparagraph (A), a joint resolution (b) PRIORITIES.—The Secretary of Commerce, pressed in terms of an amendment to, or repeal disapproving the designation is enacted. of, a section or other provision, the reference acting through the Under Secretary of Com- ‘‘(2) EXISTING DESIGNEES.—Any institution’’. merce for Oceans and Atmosphere, shall estab- shall be considered to be made to a section or SEC. 8. DIRECT HIRE AUTHORITY; DEAN JOHN A. other provision of the National Sea Grant Col- lish priorities for the use of donations accepted KNAUSS MARINE POLICY FELLOW- lege Program Act (33 U.S.C. 1121 et seq.). under section 204(c)(4)(E) of the National Sea SHIP. SEC. 3. MODIFICATION OF DEAN JOHN A. KNAUSS Grant College Program Act (33 U.S.C. (a) IN GENERAL.—During fiscal year 2019 and MARINE POLICY FELLOWSHIP. 1123(c)(4)(E)), and shall consider among those any fiscal year thereafter, the head of any Fed- (a) IN GENERAL.—Section 208(b) (33 U.S.C. priorities the possibility of expanding the Dean eral agency may appoint, without regard to the 1127(b)) is amended by striking ‘‘may’’ and in- John A. Knauss Marine Policy Fellowship’s provisions of subchapter I of chapter 33 of title serting ‘‘shall’’. placement of additional fellows in relevant legis- 5, United States Code, other than sections 3303 (b) PLACEMENTS IN CONGRESS.—Such section is lative offices under section 208(b) of that Act (33 and 3328 of that title, a qualified candidate de- further amended— U.S.C. 1127(b)), in accordance with the rec- scribed in subsection (b) directly to a position (1) in the first sentence, by striking ‘‘The Sec- ommendations under subsection (c) of this sec- with the Federal agency for which the can- retary’’ and inserting the following: tion. didate meets Office of Personnel Management ‘‘(1) IN GENERAL.—The Secretary’’; and (c) REPORT.—Not later than 180 days after the qualification standards. (2) in paragraph (1), as designated by para- date of the enactment of this Act, the Director (b) DEAN JOHN A. KNAUSS MARINE POLICY graph (1), in the second sentence, by striking ‘‘A of the National Sea Grant College Program, in FELLOWSHIP.—Subsection (a) applies with re- fellowship’’ and inserting the following: consultation with the National Sea Grant Advi- spect to a former recipient of a Dean John A. ‘‘(2) PLACEMENT PRIORITIES.— sory Board and the Sea Grant Association, Knauss Marine Policy Fellowship under section ‘‘(A) IN GENERAL.—In each year in which the shall— 208(b) of the National Sea Grant College Pro- Secretary awards a legislative fellowship under (1) develop recommendations for the optimal gram Act (33 U.S.C. 1127(b)) who— this subsection, when considering the placement use of any donations accepted under section (1) earned a graduate or post-graduate degree of fellows, the Secretary shall prioritize place- 204(c)(4)(E) of the National Sea Grant College in a field related to ocean, coastal, and Great ment of fellows in the following: Program Act (33 U.S.C. 1123(c)(4)(E)); and Lakes resources or policy from an accredited in- ‘‘(i) Positions in offices of, or with Members (2) submit to Congress a report on the rec- stitution of higher education; and on, committees of Congress that have jurisdic- ommendations developed under paragraph (1). (2) successfully fulfilled the requirements of tion over the National Oceanic and Atmospheric (d) CONSTRUCTION.—Nothing in this section the fellowship within the executive or legislative Administration. shall be construed to limit or otherwise affect branch of the United States Government.

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(c) LIMITATION.—The direct hire authority inserting ‘‘funding among sea grant colleges, geospatial data to inform and improve local, under this section shall be exercised with respect sea grant institutes, sea grant programs, and State, regional, and Federal capacities to to a specific qualified candidate not later than sea grant projects’’. manage the coastal region, and for other 2 years after the date that the candidate com- (2) REPEAL OF REQUIREMENTS CONCERNING DIS- purposes. pleted the fellowship described in subsection (b). TRIBUTION OF EXCESS AMOUNTS.—Section 212 (33 There being no objection, the Senate SEC. 9. AUTHORIZATION OF APPROPRIATIONS U.S.C. 1131) is amended— FOR NATIONAL SEA GRANT COLLEGE (A) by striking subsection (c); and proceeded to consider the bill, which PROGRAM. (B) by redesignating subsections (d) and (e) as had been reported from the Committee (a) IN GENERAL.—Section 212(a) (33 U.S.C. subsections (c) and (d), respectively. on Commerce, Science, and Transpor- 1131(a)) is amended— SEC. 10. REPEAL OF REQUIREMENT FOR REPORT tation. (1) by amending paragraph (1) to read as fol- ON COORDINATION OF OCEANS AND Mr. PORTMAN. I ask unanimous lows: COASTAL RESEARCH ACTIVITIES. consent that the bill be considered read ‘‘(1) IN GENERAL.—There are authorized to be Section 9 of the National Sea Grant College appropriated to the Secretary to carry out this Program Act Amendments of 2002 (33 U.S.C. 857– a third time. title— 20) is repealed. The PRESIDING OFFICER. Without ‘‘(A) $87,520,000 for fiscal year 2020; SEC. 11. TECHNICAL CORRECTIONS. objection, it is so ordered. ‘‘(B) $91,900,000 for fiscal year 2021; The National Sea Grant College Program Act The bill was ordered to be engrossed ‘‘(C) $96,500,000 for fiscal year 2022; (33 U.S.C. 1121 et seq.) is amended— ‘‘(D) $101,325,000 for fiscal year 2023; and for a third reading and was read the (1) in section 204(d)(3)(B) (33 U.S.C. ‘‘(E) $105,700,000 for fiscal year 2024.’’; and third time. 1123(d)(3)(B)), by moving clause (vi) 2 ems to the (2) by amending paragraph (2) to read as fol- right; and Mr. PORTMAN. I know of no further lows: (2) in section 209(b)(2) (33 U.S.C. 1128(b)(2)), debate on the bill. ‘‘(2) PRIORITY ACTIVITIES FOR FISCAL YEARS as amended by section 5, in the third sentence, The PRESIDING OFFICER. If there 2020 THROUGH 2024.—In addition to the amounts by striking ‘‘The Secretary shall’’ and inserting authorized to be appropriated under paragraph is no further debate, the bill having the following: (1), there are authorized to be appropriated been read the third time, the question ‘‘(3) AVAILABILITY OF RESOURCES OF DEPART- $6,000,000 for each of fiscal years 2020 through is, Shall the bill pass? MENT OF COMMERCE.—The Secretary shall’’. 2024 for competitive grants for the following: The bill (S. 1069) was passed. Mr. PORTMAN. I ask unanimous ‘‘(A) University research on the biology, pre- Mr. PORTMAN. I ask unanimous vention, and control of aquatic nonnative spe- consent that the committee-reported consent that the motion to reconsider cies. substitute be withdrawn; that the be considered made and laid upon the ‘‘(B) University research on oyster diseases, Wicker amendment at the desk be table. oyster restoration, and oyster-related human agreed to; and that the bill, as amend- health risks. ed, be considered read a third time. The PRESIDING OFFICER. Without ‘‘(C) University research on the biology, pre- objection, it is so ordered. vention, and forecasting of harmful algal The PRESIDING OFFICER. Without blooms. objection, it is so ordered. ‘‘(D) University research, education, training, The committee-reported amendment, f and extension services and activities focused on in the nature of a substitute, was with- coastal resilience and United States working drawn. AMENDING THE NUTRIA ERADI- waterfronts and other regional or national pri- The amendment (No. 2674), in the na- CATION AND CONTROL ACT OF ority issues identified in the strategic plan ture of a substitute, was agreed to. 2003 TO INCLUDE CALIFORNIA IN under section 204(c)(1). ‘‘(E) University research and extension on (The amendment is printed in today’s THE PROGRAM sustainable aquaculture techniques and tech- RECORD under ‘‘Text of Amendments.’’) Mr. PORTMAN. Mr. President, I ask nologies. The bill, as amended, was ordered to unanimous consent that the Com- ‘‘(F) Fishery research and extension activities be engrossed for a third reading and mittee on Environment and Public conducted by sea grant colleges or sea grant in- was read the third time. stitutes to enhance, and not supplant, existing Works be discharged from further con- Mr. PORTMAN. I know of no further sideration of H.R. 3399 and the Senate core program funding.’’. debate on the bill, as amended. (b) MODIFICATION OF LIMITATIONS ON proceed to its immediate consider- The PRESIDING OFFICER. The bill AMOUNTS FOR ADMINISTRATION.—Paragraph (1) ation. of section 212(b) (33 U.S.C. 1131(b)) is amended having been read the third time, the question is, Shall the bill pass? The PRESIDING OFFICER. The to read as follows: clerk will report the bill by title. ‘‘(1) ADMINISTRATION.— The bill (S. 910), as amended, was ‘‘(A) IN GENERAL.—There may not be used for passed. The senior assistant legislative clerk administration of programs under this title in a Mr. PORTMAN. I ask unanimous read as follows: fiscal year more than 5.5 percent of the lesser consent that the motion to reconsider A bill (H.R. 3399) to amend the Nutria of— Eradication and Control Act of 2003 to in- ‘‘(i) the amount authorized to be appropriated be considered made and laid upon the table. clude California in the program, and for under this title for the fiscal year; or other purposes. ‘‘(ii) the amount appropriated under this title The PRESIDING OFFICER. Without for the fiscal year. objection, it is so ordered. There being no objection, the com- ‘‘(B) CRITICAL STAFFING REQUIREMENTS.— f mittee was discharged, and the Senate ‘‘(i) IN GENERAL.—The Director shall use the proceeded to consider the bill. DIGITAL COAST ACT authority under subchapter VI of chapter 33 of Mr. PORTMAN. Mr. President, I ask title 5, United States Code, and under section Mr. PORTMAN. Mr. President, I ask unanimous consent that the bill be 210 of this title, to meet any critical staffing re- unanimous consent that the Com- quirement while carrying out the activities au- considered read a third time. thorized under this title. mittee on Commerce, Science, and The PRESIDING OFFICER. Without ‘‘(ii) EXCEPTION FROM CAP.—For purposes of Transportation be discharged from fur- objection, it is so ordered. ther consideration of S. 1069 and the subparagraph (A), any costs incurred as a result The bill was ordered to a third read- of an exercise of authority as described in clause Senate proceed to its immediate con- ing and was read the third time. (i) shall not be considered an amount used for sideration. administration of programs under this title in a The PRESIDING OFFICER. The Mr. PORTMAN. I know of no further fiscal year.’’. clerk will report the bill by title. debate on this bill. (c) ALLOCATION OF FUNDING.— The senior assistant legislative clerk The PRESIDING OFFICER. The bill (1) IN GENERAL.—Section 204(d)(3) (33 U.S.C. having been read the third time, the 1123(d)(3)) is amended— read as follows: (A) in the matter preceding subparagraph (A), A bill (S. 1069) to require the Secretary of question is, Shall the bill pass? by striking ‘‘With respect to sea grant colleges Commerce, acting through the Adminis- The bill (H.R. 3399) was passed. and sea grant institutes’’ and inserting ‘‘With trator of the National Oceanic and Atmos- Mr. PORTMAN. Mr. President, I ask respect to sea grant colleges, sea grant insti- pheric Administration, to establish a con- unanimous consent that the motion to tutes, sea grant programs, and sea grant stituent-driven program to provide a digital reconsider be considered made and laid projects’’; and information platform capable of efficiently (B) in subparagraph (B), in the matter pre- integrating coastal data with decision-sup- upon the table. ceding clause (i), by striking ‘‘funding among port tools, training, and best practices and The PRESIDING OFFICER. Without sea grant colleges and sea grant institutes’’ and to support collection of priority coastal objection, it is so ordered.

VerDate Sep 11 2014 09:09 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00102 Fmt 4624 Sfmt 0634 E:\CR\FM\A30SE6.025 S30SEPT1 SSpencer on DSK126QN23PROD with SENATE September 30, 2020 CONGRESSIONAL RECORD — SENATE S6001 AMENDING THE NUTRIA ERADI- vate wetlands, and loss of agricultural lands mittee on Veterans’ Affairs be dis- CATION AND CONTROL ACT OF are accelerating.’’; and charged from further consideration of 2003 TO INCLUDE CALIFORNIA IN (B) in subsection (b), by striking ‘‘the H.R. 561 and the Senate proceed to its THE PROGRAM State of Maryland and the State of Lou- immediate consideration. isiana’’ and inserting ‘‘any State that has Mr. PORTMAN. Mr. President, I ask demonstrated the need’’; and The PRESIDING OFFICER. Without unanimous consent that the Com- (2) in section 3— objection, it is so ordered. mittee on Environment and Public (A) by amending subsection (a) to read as The clerk will report the bill by title. Works be discharged from further con- follows: The senior assistant legislative clerk sideration of S. 4403 and the Senate ‘‘(a) GRANT AUTHORITY.—The Secretary of read as follows: the Interior (referred to in this Act as the A bill (H.R. 561) to amend title 38, United proceed to its immediate consider- ‘Secretary’), may provide financial assist- ation. States Code, to improve the oversight of con- ance to a State, in an amount that is in pro- tracts awarded by the Secretary of Veterans The PRESIDING OFFICER. The portion to the total impacted area of such Affairs to small business concerns owned and clerk will report the bill by title. State affected by nutria, that has dem- controlled by veterans, and for other pur- The senior assistant legislative clerk onstrated to the Secretary sufficient need poses. for a program to implement measures to read as follows: There being no objection, the com- A bill (S. 4403) to amend the Nutria Eradi- eradicate or control nutria and restore marshland, public and private wetlands, and mittee was discharged, and the Senate cation and Control Act of 2003 to include proceeded to consider the bill. California in the program, and for other pur- agricultural lands damaged by nutria.’’; poses. (B) by striking subsection (b); Mr. CARDIN. Mr. President, I wish to (C) in subsection (d)— enter into a colloquy with Senators There being no objection, the com- (i) in paragraph (1), by striking ‘‘the pro- MORAN and TESTER, the chairman and mittee was discharged, and the Senate gram may’’ and inserting ‘‘a State program ranking member of the Senate Com- proceeded to consider the bill. referred to in subsection (a) may’’; and mittee on Veterans’ Affairs, to discuss (ii) in paragraph (2), by striking ‘‘the pro- Mr. KENNEDY. Mr. President, H.R. 561, the Protecting Business Op- though my bill, S. 4403, a bill to amend gram may’’ and inserting ‘‘a State program referred to in subsection (a) may’’; portunities for Veterans Act. the Nutria Eradication and Control Act H.R. 561 is important legislation that of 2003 to include California in the pro- (D) in subsection (e), by inserting ‘‘to a State’’ after ‘‘provided’’; seeks to prevent large companies from gram, amends P.L. 108–16, which calls (E) in subsection (f), by striking using a veteran-owned small business specifically for the Secretary to ‘‘re- ‘‘$4,000,000’’ and all that follows and inserting as a front to win a small business set- quire that the program consist of man- ‘‘$12,000,000 for each of fiscal years 2021 aside or sole-source contract that the agement, research, and public edu- through 2025.’’; and small business contractor is incapable cation activities carried out in accord- (F) by redesignating subsections (c) through (f) as subsections (b) through (e). of performing. To prevent this, H.R. 561 ance with the document published by places certain subcontracting limita- the United States Fish and Wildlife Passed the Senate September 30 (legislative day, September 29), 2020. tions on the Department of Veterans’ Service entitled ‘Eradication Strate- Affairs Vet’s First contracting pro- Mr. PORTMAN. Mr. President, I ask gies for Nutria in the Chesapeake and gram. For the agency’s small business unanimous consent that the motion to Delaware Bay Watersheds’ dated March set-asides for veteran-owned and serv- reconsider be considered made and laid 2002’’ and to ‘‘give consideration to the ice-disabled veteran-owned small busi- upon the table. 2002 report from the Louisiana Depart- nesses, the small business prime would The PRESIDING OFFICER. Without ment of Wildlife and Fisheries titled need to certify that it will perform 50 objection, it is so ordered. ’Nutria in Louisiana,’ ’’ the Secretary percent more of the work. This limita- and State participants should also con- f tion on subcontracting can only be cir- sider data that has been established EXTENSION OF THE CARIBBEAN cumvented if the small business prime since 2002, in developing strategies for BASIN ECONOMIC RECOVERY ACT subcontracts to a ‘‘similarly situated’’ the eradication of Nutria. business. Mr. PORTMAN. Mr. President, I ask Mr. PORTMAN. Mr. President, I ask unanimous consent that the Com- However, as ranking member of the unanimous consent that the bill be Senate Small Business and Entrepre- considered read a third time. mittee on Finance be discharged from further consideration of H.R. 991 and neurship Committee, I have two con- The PRESIDING OFFICER. Without cerns with this legislation. objection, it is so ordered. the Senate proceed to its immediate consideration. The first concern is that all the pen- The bill was ordered to be engrossed alties for violating the limitations on for a third reading and was read the The PRESIDING OFFICER. The clerk will report the bill by title. subcontracting fall on the small busi- third time. ness prime contractor and does not Mr. PORTMAN. I know of no further The senior assistant legislative clerk read as follows: provide the agency with the flexibility debate on this bill. to impose penalties on the subcon- The PRESIDING OFFICER. The bill A bill (H.R. 991) to extend certain provisions of the Caribbean Basin Economic Re- tractor that is using the small business having been read the third time, the as a front to win the contract. This is question is, Shall the bill pass? covery Act until September 30, 2030, and for other purposes. inconsistent with similar Small Busi- The bill (S. 4403) was passed, as fol- ness Administration regulations gov- lows: There being no objection, the committee was discharged, and the Senate erning other small business set-asides S. 4403 proceeded to consider the bill. that provide the necessary flexibility Be it enacted by the Senate and House of Rep- Mr. PORTMAN. Mr. President, I ask to penalize the appropriate party. resentatives of the United States of America in The second concern is that the bill Congress assembled, unanimous consent that the bill be considered read a third time and passed requires the Department of Veterans’ SECTION 1. NUTRIA ERADICATION. and the motion to reconsider be consid- Affairs to monitor compliance by using The Nutria Eradication and Control Act of a reporting system that is not used by 2003 (Public Law 108–16) is amended— ered made and laid upon the table. (1) in section 2— The PRESIDING OFFICER. Without small business prime contractors be- (A) in subsection (a)— objection, it is so ordered. cause small businesses are exempt (i) in paragraph (1), by striking ‘‘Wetlands The bill (H.R. 991) was ordered to a from the requirement to provide a and tidal marshes of the Chesapeake Bay and third reading, was read the third time, small business subcontracting plan. in Louisiana’’ and inserting ‘‘Wetlands, tidal and passed. The current system does not have the marshes, and agricultural lands’’; f capability to record compliance on lim- (ii) in paragraph (2), by striking ‘‘in Mary- itations of subcontracting and a sys- land and Louisiana’’; and PROTECTING BUSINESS OPPORTU- tem has not been established by the (iii) by amending paragraph (3) to read as NITIES FOR VETERANS ACT OF Small Business Administration. Sim- follows: 2019 ‘‘(3) Traditional harvest methods to con- ply put, there is no system in place for trol or eradicate nutria have failed. Con- Mr. PORTMAN. Mr. President, I ask small businesses to report into and sequently, marsh loss, loss of public and pri- unanimous consent that the Com- needs to be created.

VerDate Sep 11 2014 09:09 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00103 Fmt 4624 Sfmt 0634 E:\CR\FM\G30SE6.079 S30SEPT1 SSpencer on DSK126QN23PROD with SENATE S6002 CONGRESSIONAL RECORD — SENATE September 30, 2020 While I recognize the importance and ommended requirements, plans, and guidelines (J) The Pipeline and Hazardous Materials need for H.R. 561 and believe it should as appropriate, with respect to each of the ap- Safety Administration. be sent to the President for his signa- plicable periods described in paragraph (2) for— (K) The Department of State. (L) The Environmental Protection Agency. ture, would the chair and ranking (A) reforming airport, air carrier, security, and other passenger air travel-related oper- (e) ADVISORY COMMITTEE.— member of the Senate Veterans Affairs ations, including passenger queuing, passenger (1) ESTABLISHMENT.—Not later than 15 days Committee provide assurances that we security screening, boarding, deplaning, and after the date on which the Joint Task Force is can work together on future legislation baggage handling procedures, as a result of— established under subsection (a), the Secretary to address my concerns? (i) current and anticipated changes to pas- of Transportation, in consultation with the Sec- Mr. MORAN. Yes. senger air travel during the COVID–19 Public retary of Homeland Security and the Secretary Mr. TESTER. Yes. The bill before us, Health Emergency and after that emergency of Health and Human Services, shall establish a H.R. 561, seeks to crack down on the ends; and Joint Federal Advisory Committee to advise the (ii) anticipated changes to passenger air travel Joint Task Force (in this section referred to as unfair practice of using veteran and as a result of the projected seasonal recurrence the ‘‘Advisory Committee’’). service-disabled owned small busi- of the coronavirus; (2) MEMBERSHIP.—The members of the Advi- nesses as pass-throughs for larger con- (B) mitigating the public health and economic sory Committee shall include representatives of tractors to secure Federal contracts. I impacts of the COVID–19 Public Health Emer- the following: would like to thank Senator CARDIN for gency and the projected seasonal recurrence of (A) Airport operators designated by the Sec- working diligently on this issue and for the coronavirus on airports and passenger air retary of Transportation in consultation with his leadership as ranking member of travel, including through the use of personal Secretary of Homeland Security. (B) Air carriers designated by the Secretary of the Senate Small Business and Entre- protective equipment for passengers and employees, the implementation of strategies to promote Transportation in consultation with Secretary preneurship Committee. I look forward overall passenger and employee safety, and the of Homeland Security. to working closely with him to ensure accommodation of social distancing as nec- (C) Aircraft and aviation manufacturers des- this legislation meets congressional in- essary; ignated by the Secretary of Transportation. tent once it is enacted. (C) addressing the privacy and civil liberty (D) Labor organizations representing aviation Mr. PORTMAN. I ask unanimous concerns created by passenger health industry workers, including, but not limited to, consent that the bill be considered read screenings, contact-tracing, or any other process pilots, flight attendants, maintenance, mechan- a third timed and passed and the mo- for monitoring the health of individuals engaged ics, air traffic controllers, and safety inspectors, designated by the Secretary of Transportation. tion to reconsider be considered made in air travel; and (D) operating procedures to manage future (E) Public health experts designated by the and laid upon the table. public health crises affecting air travel. Secretary of Health and Human Services. The PRESIDING OFFICER. Without (2) APPLICABLE PERIODS.—For purposes of (F) Consumers and air passenger rights orga- objection, it is so ordered. paragraph (1), the applicable periods are the nizations designated by the Secretary of Trans- The bill (H.R. 561) was ordered to a following: portation in consultation with Secretary of third reading, was read the third time, (A) The period beginning with the date of the Homeland Security. and passed. first meeting of the Joint Task Force and ending (G) Privacy and civil liberty organizations with the date on which the COVID–19 Public designated by the Secretary of Homeland Secu- f Health Emergency ends. rity. ENSURING HEALTH SAFETY IN (B) The 1-year period beginning on the day (H) Manufacturers and integrators of air pas- THE SKIES ACT OF 2020 after the period described in subparagraph (A) senger screening and identity verification tech- ends. nologies designated by the Secretary of Home- Mr. PORTMAN. Mr. President, I ask (c) REQUIREMENTS.— land Security. unanimous consent that the Senate (1) IN GENERAL.—In developing the rec- (I) Trade associations representing air car- proceed to the immediate consider- ommended requirements, plans, and guidelines riers, including, but not limited to, major air ation of Calendar No. 508, S. 3681. under subsection (b), and prior to including carriers, low cost carriers, regional air carriers, The PRESIDING OFFICER. Without them in the final report required under sub- cargo air carriers, and foreign air carriers, designated by the Secretary of Transportation in objection, it is so ordered. section (f)(2), the Joint Task Force shall— (A) consider the consensus recommendations consultation with Secretary of Homeland Secu- The clerk will report the bill by title. of the Advisory Committee established under rity. The senior assistant legislative clerk subsection (e); (J) Trade associations representing airport op- read as follows: (B) conduct cost-benefit evaluations; erators designated by the Secretary of Transpor- A bill (S. 3681), to require a joint task force (C) consider funding constraints; and tation in consultation with Secretary of Home- on the operation of air travel during and (D) use risk-based decision-making. land Security. after the COVID–19 pandemic, and for other (2) INTERNATIONAL CONSULTATION.—The Joint (3) VACANCIES.—Any vacancy in the member- purposes. Task Force shall consult, as practicable, with ship of the Advisory Committee shall not affect its responsibilities, but shall be filled in the same There being no objection, the Senate relevant international entities and operators, including the International Civil Aviation Organi- manner as the original appointment and in ac- proceeded to consider the bill, which zation, towards the goal of maximizing the har- cordance with the Federal Advisory Committee had been reported from the Committee monization of recommended requirements, plans, Act (5 U.S.C. App.). on Commerce, Science, and Transpor- and guidelines for air travel during and after (4) DUTIES.— tation, with an amendment to strike the COVID-19 Public Health Emergency. (A) IN GENERAL.—The Advisory Committee all after the enacting clause and insert (d) MEMBERSHIP.— shall develop and submit policy recommenda- in lieu thereof the following: (1) CHAIR.—The Secretary of Transportation tions to the Joint Task Force regarding the rec- (or the Secretary’s designee) shall serve as Chair ommended requirements, plans, and guidelines SECTION 1. SHORT TITLE. of the Joint Task Force. to be developed by the Joint Task Force under This Act may be cited as the ‘‘Ensuring (2) VICE-CHAIR.—The Secretary of Health and subsection (b). Health Safety in the Skies Act of 2020’’. Human Services (or the Secretary’s designee) (B) PUBLICATION.—Not later than 14 days SEC. 2. JOINT TASK FORCE ON AIR TRAVEL. shall serve as Vice Chair of the Joint Task after the date on which the Advisory Committee (a) IN GENERAL.—Not later than 30 days after Force. submits policy recommendations to the Joint the date of enactment of this Act, the Secretary (3) OTHER MEMBERS.—In addition to the Chair Task Force in accordance with subparagraph of Transportation, the Secretary of Homeland and Vice Chair, the members of the Joint Task (A), the Secretary of Transportation shall pub- Security, and the Secretary of Health and Force shall include representatives of the fol- lish the policy recommendations on a publicly Human Services, shall establish a Joint Task lowing: accessible website. Force on Air Travel During and After the (A) The Department of Transportation. (5) PROHIBITION ON COMPENSATION.—The COVID–19 Public Health Emergency (in this sec- (B) The Department of Homeland Security. members of the Advisory Committee shall not re- tion referred to as the ‘‘Joint Task Force’’). (C) The Department of Health and Human ceive any compensation from the Federal Gov- (b) DUTIES.— Services. ernment by reason of their service on the Advi- (1) IN GENERAL.—The Joint Task Force shall (D) The Federal Aviation Administration. sory Committee. develop recommended requirements, plans, and (E) The Transportation Security Administra- (f) BRIEFINGS AND REPORTS.— guidelines to address the health, safety, secu- tion. (1) PRELIMINARY BRIEFINGS.—As soon as prac- rity, and logistical issues relating to the con- (F) U.S. Customs and Border Protection. ticable, but not later than 6 months after the es- tinuation of air travel during the COVID–19 (G) The Centers for Disease Control and Pre- tablishment of the Joint Task Force, the Joint Public Health Emergency, and with respect to vention. Task Force shall begin providing preliminary the resumption of full operations at airports and (H) The Occupational Safety and Health Ad- briefings for Congress on the status of the devel- increased passenger air travel after the COVID– ministration. opment of the recommended requirements, plans, 19 Public Health Emergency ends. The Joint (I) The National Institute for Occupational and guidelines under subsection (b). The pre- Task Force shall develop, at a minimum, rec- Safety and Health. liminary briefings shall include interim versions,

VerDate Sep 11 2014 09:09 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00104 Fmt 4624 Sfmt 6333 E:\CR\FM\A30SE6.074 S30SEPT1 SSpencer on DSK126QN23PROD with SENATE September 30, 2020 CONGRESSIONAL RECORD — SENATE S6003 if any, of the Joint Task Force’s recommenda- A bill (S. 4775) to provide continued emer- had been reported from the Committee tions. gency assistance, educational support, and on Commerce, Science, and Transpor- (2) FINAL REPORT.— health care response for individuals, fami- tation. (A) DEADLINE.—As soon as practicable, but lies, and businesses affected by the 2020 Mr. PORTMAN. I ask unanimous not later than 18 months after the date of enact- coronavirus pandemic. consent that the bill be considered read ment of this Act, the Joint Task Force shall sub- Mr. PORTMAN. I now ask for a sec- mit a final report to Congress. a third time. (B) CONTENT.—The final report shall include ond reading, and I object to my own re- The PRESIDING OFFICER. Without the following: quest, all en bloc. objection, it is so ordered. (i) All of the recommended requirements, The PRESIDING OFFICER. Objec- The bill was ordered to be engrossed plans, and guidelines developed by the Joint tion having been heard, the bills will for a third reading and was read the Task Force. receive a second reading on the next third time. (ii) A description of any actions taken by the legislative day. Federal Government as a result of such rec- Mr. PORTMAN. I know of no further ommendations. f debate on the bill. (g) TERMINATION.—The Joint Task Force and ORDERS FOR THURSDAY, OCTOBER The PRESIDING OFFICER. If there Advisory Committee shall terminate 30 days 1, 2020 is no further debate on the bill, the bill after the date on which the Joint Task Force having been read the third time, the submits the final report required under sub- Mr. PORTMAN. Mr. President, I ask question is, Shall the bill pass? section (f)(2). unanimous consent that when the Sen- The bill (S. 1069) was passed as fol- (h) DEFINITION.—In this section, the term ate completes its business today, it ad- lows: ‘‘COVID–19 Public Health Emergency’’ means journ until 12 noon, Thursday, October S. 1069 the public health emergency first declared on 1; further, that following the prayer January 31, 2020, by the Secretary of Health and Be it enacted by the Senate and House of Rep- Human Services under section 319 of the Public and pledge, the morning hour be resentatives of the United States of America in Health Service Act (42 U.S.C. 247d) with respect deemed expired, the Journal of pro- Congress assembled, to COVID–19 and includes any renewal of such ceedings be approved to date, the time SECTION 1. SHORT TITLE. declaration pursuant to such section 319. for the two leaders be reserved for their This Act may be cited as the ‘‘Digital Amend the title so as to read: ‘‘A bill to use later in the day, and morning busi- Coast Act’’. require a joint task force on air travel dur- ness be closed; finally, that following SEC. 2. FINDINGS. ing and after the COVID–19 Public Health leader remarks, the Senate proceed to Congress makes the following findings: Emergency, and for other purposes.’’. executive session for the consideration (1) The Digital Coast is a model approach Mr. PORTMAN. I ask unanimous of the Newman nomination. for effective Federal partnerships with State consent that the committee-reported The PRESIDING OFFICER. Without and local government, nongovernmental or- substitute amendment be withdrawn; objection, it is so ordered. ganizations, and the private sector. that the Markey substituted amend- (2) Access to current, accurate, uniform, Mr. PORTMAN. I suggest the absence and standards-based geospatial information, ment at the desk be agreed to; that the of a quorum. tools, and training to characterize the bill, as amended, be considered read a The PRESIDING OFFICER. The United States coastal region is critical for third time and passed; that the com- clerk will call the roll. public safety and for the environment, infra- mittee-reported title amendment be The senior assistant legislative clerk structure, and economy of the United States. agreed to; and that the motion to re- proceeded to call the roll. (3) More than half of all people of the consider be considered made and laid Mr. PORTMAN. Mr. President, I ask United States (153,000,000) currently live on upon the table. unanimous consent that the order for or near a coast and an additional 12,000,000 are expected in the next decade. The PRESIDING OFFICER. Without the quorum call be rescinded. objection, it is so ordered. (4) Coastal counties in the United States The PRESIDING OFFICER. Without average 300 persons per square mile, com- The committee-reported amendment objection, it is so ordered. pared with the national average of 98. in the nature of a substitute was with- f (5) On a typical day, more than 1,540 per- drawn. mits for construction of single-family homes The amendment (No. 2677) in the na- UNANIMOUS CONSENT are issued in coastal counties, combined with ture of a substitute was agreed to as AGREEMENT—S. 1069 other commercial, retail, and institutional follows: Mr. PORTMAN. Mr. President, I ask construction to support this population. (6) Over half of the economic productivity (Purpose: In the nature of a substitute.) unanimous consent that the previous of the United States is located within coast- (The amendment is printed in today’s order with respect to S. 1069 be viti- al regions. RECORD under ‘‘Text of Amendments.’’) ated. (7) Highly accurate, high-resolution remote The bill (S. 3681), as amended, was or- The PRESIDING OFFICER. Without sensing and other geospatial data play an in- dered to be engrossed for a third read- objection, it is so ordered. creasingly important role in decision making and management of the coastal zone and ing, was read the third time, and f passed. economy, including for— The committee-reported title amend- DIGITAL COAST ACT (A) flood and coastal storm surge pre- diction; ment was agreed to as follows: Mr. PORTMAN. Mr. President, I ask (B) hazard risk and vulnerability assess- Amend the title so as to read: ‘‘A bill to re- unanimous consent that the Senate ment; quire a joint task force on air travel during proceed to the immediate consider- (C) emergency response and recovery plan- and after the COVID–19 Public Health Emer- ation of Calendar No. 481, S. 1069. ning; gency, and for other purposes.’’. The PRESIDING OFFICER. The (D) community resilience to longer range f clerk will report the bill by title. coastal change; MEASURES READ THE FIRST The senior assistant legislative clerk (E) local planning and permitting; read as follows: (F) habitat and ecosystem health assess- TIME—S. 4773, S. 4774, AND S. 4775 ments; and Mr. PORTMAN. Mr. President, I un- A bill (S. 1069) to require the Secretary of (G) landscape change detection. Commerce, acting through the Adminis- derstand there are three bills at the SEC. 3. DEFINITIONS. trator of the National Oceanic and Atmos- In this Act: desk, and I ask for their first reading pheric Administration, to establish a con- (1) COASTAL REGION.—The term ‘‘coastal re- en bloc. stituent-driven program to provide a digital gion’’ means the area of United States The PRESIDING OFFICER. The information platform capable of efficiently waters extending inland from the shoreline clerk will read the bills by title for the integrating coastal data with decision-sup- to include coastal watersheds and seaward to port tools, training, and best practices and first time en bloc. the territorial sea. to support collection of priority coastal The senior assistant legislative clerk (2) COASTAL STATE.—The term ‘‘coastal geospatial data to inform and improve local, read as follows: State’’ has the meaning given the term State, regional, and Federal capacities to A bill (S. 4773) to establish the Paycheck ‘‘coastal state’’ in section 304 of the Coastal manage the coastal region, and for other Protection Program Second Draw Loan, and Zone Management Act of 1972 (16 U.S.C. purposes. for other purposes. 1453). A bill (S. 4774) to provide support for air There being no objection, the Senate (3) FEDERAL GEOGRAPHIC DATA COM- carrier workers, and for other purposes. proceeded to consider the bill, which MITTEE.—The term ‘‘Federal Geographic

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Data Committee’’ means the interagency (3) participating, pursuant to section 216 of (B) AMOUNTS.—The amount of a fee under committee that promotes the coordinated the E-Government Act of 2002 (Public Law this paragraph may not exceed the sum of development, use, sharing, and dissemina- 107–347; 44 U.S.C. 3501 note), in the establish- costs incurred, or expected to be incurred, by tion of geospatial data on a national basis. ment of such standards and common proto- the Secretary as a direct result of the con- (4) REMOTE SENSING AND OTHER cols as the Secretary considers necessary to duct of the training, workshop, or con- GEOSPATIAL.—The term ‘‘remote sensing and assure the interoperability of remote sensing ference, including for subsistence expenses other geospatial’’ means collecting, storing, and other geospatial data with all users of incidental to the training, workshop, or con- retrieving, or disseminating graphical or dig- such information within— ference, as applicable. ital data depicting natural or manmade (A) the National Oceanic and Atmospheric (C) USE OF FEES.—Amounts collected by physical features, phenomena, or boundaries Administration; the Secretary in the form of fees under this of the Earth and any information related (B) other Federal agencies; paragraph may be used to pay for— thereto, including surveys, maps, charts, sat- (C) State and local government; and (i) the costs incurred for conducting an ac- ellite and airborne remote sensing data, im- (D) the private sector; tivity described in subparagraph (A); or ages, LiDAR, and services performed by pro- (4) coordinating with, seeking assistance (ii) the expenses described in subparagraph fessionals such as surveyors, and cooperation of, and providing liaison to (B). photogrammetrists, hydrographers, geode- the Federal Geographic Data Committee (3) SURVEY AND MAPPING.—Contracts en- sists, cartographers, and other such services. pursuant to Office of Management and Budg- tered into under paragraph (1)(B) shall be (5) SECRETARY.—The term ‘‘Secretary’’ et Circular A–16 and Executive Order 12906 of considered ‘‘surveying and mapping’’ serv- means the Secretary of Commerce, acting April 11, 1994 (59 Fed. Reg. 17671), as amended ices as such term is used in and as such con- through the Administrator of the National by Executive Order 13286 of February 28, 2003 tracts are awarded by the Secretary in ac- Oceanic and Atmospheric Administration. (68 Fed. Reg. 10619); and cordance with the selection procedures in SEC. 4. ESTABLISHMENT OF THE DIGITAL COAST. (5) developing and maintaining a best prac- chapter 11 of title 40, United States Code. (a) ESTABLISHMENT.— tices document that sets out the best prac- (f) OCEAN ECONOMY.—The Secretary may (1) IN GENERAL.—The Secretary shall estab- tices used by the Secretary in carrying out establish publically available tools that lish a program for the provision of an ena- the program and providing such document to track ocean and Great Lakes economy data bling platform that integrates geospatial the United States Geological Survey, the for each coastal State. data, decision-support tools, training, and Corps of Engineers, and other relevant Fed- (g) AUTHORIZATION OF APPROPRIATIONS.— best practices to address coastal manage- eral agencies. There is authorized to be appropriated to the ILLING NEEDS AND GAPS.—In carrying ment issues and needs. Under the program, (d) F Secretary $4,000,000 for each fiscal year 2020 out the program, the Secretary shall— the Secretary shall strive to enhance resil- through 2024 to carry out the program. ient communities, ecosystem values, and (1) maximize the use of remote sensing and coastal economic growth and development other geospatial data collection activities Mr. PORTMAN. Mr. President, I ask by helping communities address their issues, conducted for other purposes and under unanimous consent that the motion to needs, and challenges through cost-effective other authorities; reconsider be considered made and laid and participatory solutions. (2) focus on filling data needs and gaps for upon the table. (2) DESIGNATION.—The program established coastal management issues, including with The PRESIDING OFFICER. Without respect to areas that, as of the date of the under paragraph (1) shall be known as the objection, it is so ordered. ‘‘Digital Coast’’ (in this section referred to enactment of this Act, were underserved by as the ‘‘program’’). coastal data and the areas of the Arctic that f (b) PROGRAM REQUIREMENTS.—In carrying are under the jurisdiction of the United out the program, the Secretary shall ensure States; ADJOURNMENT UNTIL TOMORROW that the program provides data integration, (3) pursuant to the Ocean and Coastal Map- Mr. PORTMAN. Mr. President, if tool development, training, documentation, ping Integration Act (33 U.S.C. 3501 et seq.), there is no further business to come be- dissemination, and archive by— support continue improvement in existing (1) making data and resulting integrated efforts to coordinate the acquisition and in- fore the Senate, I ask unanimous con- products developed under this section read- tegration of key data sets needed for coastal sent that it stand adjourned under the ily accessible via the Digital Coast internet management and other purposes, including— previous order. website of the National Oceanic and Atmos- (A) coastal elevation data; There being no objection, the Senate, pheric Administration, the GeoPlatform.gov (B) land use and land cover data; at 8:39 p.m., adjourned until Thursday, and data.gov internet websites, and such (C) socioeconomic and human use data; October 1, 2020, at 12 noon. other information distribution technologies (D) critical infrastructure data; as the Secretary considers appropriate; (E) structures data; f (2) developing decision-support tools that (F) living resources and habitat data; NOMINATIONS use and display resulting integrated data and (G) cadastral data; and provide training on use of such tools; (H) aerial imagery; and Executive nominations received by (3) documenting such data to Federal Geo- (4) integrate the priority supporting data the Senate: set forth under paragraph (3) with other graphic Data Committee standards; and DEPARTMENT OF DEFENSE (4) archiving all raw data acquired under available data for the benefit of the broadest measure of coastal resource management BRIAN S. DAVIS, OF NORTH CAROLINA, TO BE AN AS- this Act at the appropriate National Oceanic SISTANT SECRETARY OF DEFENSE, VICE JAMES N. and Atmospheric Administration data center constituents and applications. STEWART. (e) FINANCIAL AGREEMENTS AND CON- or such other Federal data center as the Sec- IN THE ARMY retary considers appropriate. TRACTS.— (c) COORDINATION.—The Secretary shall co- (1) IN GENERAL.—In carrying out the pro- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IN THE RESERVE OF THE ARMY TO THE GRADES AS INDI- ordinate the activities carried out under the gram, the Secretary— CATED UNDER TITLE 10, U.S.C., SECTION 12203: program to optimize data collection, shar- (A) may enter into financial agreements to To be major general ing, and integration, and to minimize dupli- carry out the program, including— cation by— (i) support to non-Federal entities that BRIG. GEN. MATTHEW V. BAKER BRIG. GEN. VINCENT B. BARKER (1) consulting with coastal managers and participate in implementing the program; BRIG. GEN. BOWLMAN T. BOWLES III decision makers concerning coastal issues, and BRIG. GEN. MIGUEL A. CASTELLANOS and sharing information and best practices, (ii) grants, cooperative agreements, inter- BRIG. GEN. MILES A. DAVIS BRIG. GEN. MATTHEW P. EASLEY as the Secretary considers appropriate, agency agreements, contracts, or any other BRIG. GEN. JOHN B. HASHEM with— agreement on a reimbursable or non-reim- BRIG. GEN. JOSEPH J. HECK (A) coastal States; bursable basis, with other Federal, tribal, BRIG. GEN. SUSAN E. HENDERSON BRIG. GEN. JAMELLE C. SHAWLEY (B) local governments; and State, and local governmental and non- BRIG. GEN. TRACY L. SMITH (C) representatives of academia, the pri- governmental entities; and BRIG. GEN. LAWRENCE F. THOMS vate sector, and nongovernmental organiza- (B) may, to the maximum extent prac- To be brigadier general tions; ticable, enter into such contracts with pri- COL. HARVEY A. CUTCHIN (2) consulting with other Federal agencies, vate sector entities for such products and COL. JOHN M. DRESKA including interagency committees, on rel- services as the Secretary determines may be COL. CHARLES A. GAMBARO, JR. evant Federal activities, including activities necessary to collect, process, and provide re- COL. MICHAEL M. GREER COL. ANDREW R. HAREWOOD carried out under the Ocean and Coastal mote sensing and other geospatial data and COL. DANIEL H. HERSHKOWITZ Mapping Integration Act (33 U.S.C. 3501 et products for purposes of the program. COL. STEPHANIE Q. HOWARD seq.), the Coastal Zone Management Act of (2) FEES.— COL. MARIA A. JUAREZ COL. ROBERT T. KRUMM 1972 (16 U.S.C. 1451 et seq.), the Integrated (A) ASSESSMENT AND COLLECTION.—The Sec- COL. JOCELYN A. LEVENTHAL Coastal and Ocean Observation System Act retary may assess and collect fees for the COL. KEVIN F. MEISLER of 2009 (33 U.S.C. 3601 et seq.), and the Hydro- conduct of any training, workshop, or con- COL. ANDREE G. NAVARRO COL. ROBERT S. POWELL, JR. graphic Services Improvement Act of 1998 (33 ference that advances the purposes of the COL. JEFFREY D. PUGH U.S.C. 892 et seq.); program. COL. DAVID M. SAMUELSEN

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COL. KATHERINE A. SIMONSON COREY A. GIVENS JOSEPH E. ELSNER COL. JUSTIN M. SWANSON CASON S. GREEN DANIEL C. ENSLEN COL. DEAN P. THOMPSON JOHN C. GRISWOLD TIMOTHY J. FERGUSON COL. JASON J. WALLACE JASON B. HAIGHT MICHAEL J. FOOTE COL. MATTHEW S. WARNE DAVID L. HALL CHARLES A. FORD COL. MICHAEL L. YOST TODD J. HAMEL GREGORY R. FOXX JENNIFER H. HARLAN REID E. FURMAN IN THE SPACE FORCE ELIZABETH J. HELLAND TIMOTHY D. GATLIN DOUGLAS C. HESS MICHAEL J. GEORGE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TIMOTHY M. HILL JOHN G. GIBSON IN THE UNITED STATES SPACE FORCE TO THE GRADE IN- JARED A. HOFFMAN THOMAS A. GOETTKE DICATED WHILE ASSIGNED TO A POSITION OF IMPOR- JOEL L. HOUK CHARLES A. GREEN TANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., RONALD IAMMARTINO, JR. BRANDON S. GRIFFIN SECTION 601: MATTHEW R. JENSEN TERRY D. HAHN To be lieutenant general CHRISTOPHER L. JOHNSON DANIEL S. HALL CURTIS J. KELLOGG CHRISTOPHER C. HAMMONDS MAJ. GEN. JOHN E. SHAW JUSTINE S. KRUMM SALLY C. HANNAN THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THOMAS J. KUCIK RYAN M. HANSON IN THE PERMANENT GRADE INDICATED IN THE UNITED SHAWN W. KYLE ELLIOTT R. HARRIS STATES SPACE FORCE UNDER TITLE 10, U.S.C., SECTION STEVEN J. LACY JAMES J. HART 716: JEFFREY J. LAKNER JAMES P. HARWELL MICHAEL A. LANDIN JIMMY L. HATHAWAY To be major general CHRISTIAN T. LEWIS DANIEL J. HERLIHY BRIAN P. LUTI KRISTOPHER H. HOWELL MAJ. GEN. JOHN E. SHAW THANG V. LY WILBUR W. HSU IN THE COAST GUARD NATHAN M. MANN TIMOTHY P. HUDSON KYLE B. MARCRUM DON P. HURSEY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ANGELICA R. MARTINEZ BRIAN A. JACOBS IN THE UNITED STATES COAST GUARD TO THE GRADE IN- DAVID W. MAYFIELD TIMOTHY R. JAEGER DICATED UNDER TITLE 14 U.S.C., SECTION 2121(D): CHRISTOPHER S. MCCLURE BENJAMIN D. JAHN To be rear admiral KEVIN J. MCCULLAGH MATTHEW J. JEMMOTT ROBERT E. MCGUIRE ERIC B. JOHNSON REAR ADM. (LH) BRENDAN C. MCPHERSON MICHAEL E. MCINERNEY RICHARD B. JOHNSON REAR ADM. (LH) DOUGLAS M. SCHOFIELD TIMOTHY T. MEASNER BRYAN C. JONES REAR ADM. (LH) ANDREW M. SUGIMOTO THOMAS H. MELTON II CULLEN A. JONES REAR ADM. (LH) RICHARD V. TIMME CHRISTOPHER J. MILLER HUGH W. A. JONES KENNETH R. JONES REAR ADM. (LH) TODD C. WIEMERS LOUIS A. MORRIS DAVID J. KACZMAREK GREGORY W. NAPOLI JOSEPH A. KATZ IN THE AIR FORCE MICHAEL P. NEEDHAM DANIEL P. KEARNEY EMANUEL L. E. ORTIZCRUZ THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT COLLIN K. KEENAN PETER A. PATTERSON TO THE GRADE INDICATED IN THE UNITED STATES AIR JIM D. KEIRSEY GREGORY J. PAVLICHKO FORCE UNDER TITLE 10, U.S.C., SECTION 624: MATTHEW F. KELLY JEFFREY M. PRAY RYAN C. KENDALL To be lieutenant colonel JOSE A. RAMIREZ DANIEL R. KENT ANGELA E. REBER ADISA T. KING JESSICA R. COLMAN JAMES C. REED CHRISTOPHER J. KIRKPATRICK THOMAS O. FAUST II THOMAS R. RENNER CHRISTOPHER D. KLEIN BRIAN A. THALHOFER KRISTINA L. RICHARDSON SAMUEL W. KLINE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT KEVIN T. RILEY ANDREW J. KNIGHT TO THE GRADE INDICATED IN THE UNITED STATES AIR TIMOTHY D. RUSTAD RYAN T. KRANC FORCE UNDER TITLE 10, U.S.C., SECTION 624: MICHAEL A. SAPP ERIC V. KREITZ RACHEL E. SARLES JAMES L. KRUEGER To be major FRANKLIN B. SCHERRA, JR. KWENTON K. KUHLMAN SEANEGAN P. SCULLEY SCOTT R. MOORE MATTHEW A. LANDRUM JOHN W. SHERMER SANDRA V. SLATER NEAL J. LAPE ELDRIDGE R. SINGLETON IAN J. LAUER IN THE ARMY DAVID J. SMITH ALEXANDER R. LEE MELISSA A. SOLSBURY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MICHAEL T. LOFTUS JENNIFER R. SPAHN IN THE GRADE INDICATED IN THE RESERVE OF THE SEAN P. LUCAS ROBERT J. SPIVEY ARMY UNDER TITLE 10, U.S.C., SECTION 12203: TOD T. MARCHAND TISSA L. STROUSE BRYAN M. MARTIN JAMES C. SULLIVAN To be colonel LINDSAY R. C. MATTHEWS WILLIAM C. TAYLOR PATRICK M. MCCARTHY ANNE B. WARWICK MICHAEL J. TEMKO ROBERT S. MCCHRYSTAL LESLIE W. THOMPSON THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MARGARET L. MCGUNEGLE ALAN W. THROOP TO THE GRADE INDICATED IN THE UNITED STATES ARMY STEVEN B. MCGUNEGLE KEITH S. VANYO UNDER TITLE 10, U.S.C., SECTION 624: NICHOLAS O. MELIN ANDREW K. VISSER ANN M. MEREDITH To be colonel CHRISTOPHER J. WEHRI CHRISTOPHER J. MIDBERRY JAMES W. WELCH JAKUB H. ANDREWS TRAVIS W. MILLS CHRISTOPHER M. WHELAN OKERA G. ANYABWILE TROY A. MILLS LISA L. WINEGAR LANCE D. AWBREY DANIEL D. MITCHELL PRINCETON D. WRIGHT MICHAEL J. BANCROFT HECTOR A. MONTEMAYOR WILLIAM C. WRIGHT JASON C. BARNHILL DAVID W. MORGAN MATTHEW C. YIENGST CHAD T. BATES JOHN A. MORRIS III G001139 CHRISTINA A. BEMBENEK SHELDON A. MORRIS G010621 JOSEPH C. BILBO KYLE T. MOULTON D002999 BRIAN S. BLACKSTONE PATRICK R. NELSON DAVID F. BOWERS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TOM M. NOBLE BYRON J. BROWN TO THE GRADE INDICATED IN THE UNITED STATES ARMY CHRISTOPHER S. NUNN JAKOB C. BRUHL UNDER TITLE 10, U.S.C., SECTION 624: JEFFREY S. PALAZZINI JOSEPH G. BRUHL To be colonel ANDY J. PANNIER THOMAS E. BURNEY, JR. KENT W. PARK BOBBY R. BURRUS MATTHEW T. ADAMCZYK JEROME A. PARKER MALCOLM S. BUSH GREGORY K. ALEXANDER KEVIN M. PAYNE SILAS J. CALHOUN JUSTIN C. AMBURGEY JAMES H. B. PEAY IV CHARLES H. CANON LAURENCE H. ARNOLD NORMAN L. POLLOCK SCOTT T. CHILDERS JOHN M. AUTEN III CHAD M. RAMSKUGLER HEATHER A. CLEVENGER JEROME A. BARBOUR TRAVIS J. RAYFIELD MARK A. COBOS RYAN D. BARNETT JOHN A. REDFORD JENNIFER J. COLVIN JEFFREY J. BARTA DAVID B. ROWLAND CLAYTON L. COMBS ANTHONY J. BIANCHI AARON J. SADUSKY RUSSELL M. CORWIN JOHN D. BISHOP DAVID R. SANDOVAL ROBERT H. CREASON RHETT A. BLACKMON BRIAN D. SAWSER MARK J. CROW SCOTT R. BLANCHARD VICTOR H. SCHARSTEIN RICHARD J. DANGELO BENJAMIN S. BOARDMAN RYAN L. SCHROCK WILLIAM R. DANIEL II MARTIN J. BOWLING KHIRSTEN T. SCHWENN BRIAN R. DAVIS DONALD T. BRAMAN JAMES H. SCOTT III BRENDON K. DEVER JESSIE J. BREWSTER ROBERT M. SHAW JULIA M. DONLEY JAMES L. BROWNING COURTNEY A. SHORT JONATHAN T. DRAKE JEFFERY T. BURROUGHS DAVID E. SHORT DAMON J. M. DURALL CRAIG W. BUTERA DEREK A. SMITH CHRISTOPHER I. EASTBURG CHAD W. CALDWELL WILLIAM H. SNOOK DAVID C. ECKLEY MATTHEW B. CHITTY SHAWN D. SUMTER JAMES R. ENOS CHRISTOPHER M. CHUNG JOHNNY R. SUTTON III DARIUS D. ERVIN CHRISTOPHER H. CLYDE GABRIEL A. SZODY CRAIG L. EVANS CLINTON R. CODY RICHARD P. TAYLOR REGINALD K. EVANS MICHAEL R. CONDON JOSHUA P. THIEL NEIL C. EVERINGHAM KATE M. H. CONKEY ISRAEL A. THOMPSON BENJAMIN J. FERNANDES DREW R. CONOVER JOHN E. TIEDEMAN DANIEL R. FITCH THOMAS B. CRAIG WILLIAM J. TOLBERT STANLEY FLORKOWSKI AUSTIN S. CRUZ RICARDO A. TURNER ERIC S. FOWLER KIRBY R. DENNIS JULIAN T. URQUIDEZ CHAD W. FURNE AARON B. DIXON ROGER P. WALESKI, JR. JOSEPH N. GARDNER THOMAS P. DONATELLE SCOTT D. WENCE HEATH A. GIESECKE CHRISTOPHER M. ELLIS GRAHAM R. WHITE

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JOHN M. R. WILCOX LEON L. ROGERS POINTMENT IN THE UNITED STATES AIR FORCE TO THE MARTIN A. WOHLGEMUTH THOMAS H. RUTH III GRADE INDICATED WHILE ASSIGNED TO A POSITION OF BRYAN T. WOODY DONALD C. SANTILLO IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, MATTHEW T. WORK TONYA L. SEBOLD U.S.C., SECTIONS 601 AND 9034: FREDRICK J. WRIGHT, JR. DENNIS L. SHELDEN JAYSEN A. YOCHIM FRANYATE D. TAYLOR To be general JAMES A. ZANELLA DAVID L. THOMPSON LT. GEN. DAVID W. ALLVIN D012380 MATTHEW R. WESTERN D002680 ANTHONY K. WHITFIELD IN THE ARMY D015515 CARL D. WHITMAN, JR. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DENNIS F. WILLIAMS IN THE UNITED STATES ARMY TO THE GRADE INDICATED TO THE GRADE INDICATED IN THE UNITED STATES ARMY MICHEAL A. ZWEIFEL WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND UNDER TITLE 10, U.S.C., SECTION 624: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: To be colonel AS PERMANENT PROFESSOR AT THE UNITED STATES MILITARY ACADEMY IN THE GRADE INDICATED UNDER To be lieutenant general JOHN J. AGNELLO TITLE 10, U.S.C., SECTIONS 7433(B) AND 7436(A). ADONTIS ATKINS To be lieutenant colonel LT. GEN. ANDREW P. POPPAS REBEKAH L. BARNES THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DEAN J. CASE II COREY M. JAMES IN THE UNITED STATES ARMY TO THE GRADE INDICATED DAVID P. T. DAVID THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND MATTHEW D. GIOVANNI MENT TO THE GRADE INDICATED IN THE RESERVE OF RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: MICHAEL K. GOODWIN THE ARMY UNDER TITLE 10, U.S.C., SECTION 12203: BRADLEY S. LOUDON To be lieutenant general GARY M. L. LYKE To be colonel MAJ. GEN. JAMES J. MINGUS JAVIER MADRIGAL WILLIAM C. MOODY JOHN H. MITCHELL IN THE NAVY JOSEPH E. OHANLON III IN THE NAVY MELAN P. SALAS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BENJAMIN F. SANGSTER THE FOLLOWING NAMED OFFICER FOR TEMPORARY IN THE UNITED STATES NAVY TO THE GRADE INDICATED TIMOTHY M. SAWYER APPOINTMENT TO THE GRADE INDICATED IN THE WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND DANIEL E. WELSH UNITED STATES NAVY UNDER TITLE 10, U.S.C., SECTION RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601, WILLIAM J. ZIELINSKI 605: AND FOR APPOINTMENT AS A SENIOR MEMBER OF THE JOHN J. ZOLLINGER To be lieutenant commander MILITARY STAFF COMMITTEE OF THE UNITED NATIONS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT UNDER TITLE 10, U.S.C., SECTION 711: TO THE GRADE INDICATED IN THE UNITED STATES ARMY ROBERT M. KNAPP To be vice admiral UNDER TITLE 10, U.S.C., SECTION 624: THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- To be colonel MENT TO THE GRADE INDICATED IN THE REGULAR NAVY LISA M. FRANCHETTI UNDER TITLE 10, U.S.C., SECTION 531: IN THE ARMY CORNELIUS L. ALLEN, JR. To be lieutenant commander REGAN J. ALLEN THE FOLLOWING NAMED ARMY NATIONAL GUARD OF KAREN A. BAKER JOLINE A. MANCINI THE UNITED STATES OFFICER FOR APPOINTMENT IN JEROME K. BARNARD SAMUEL D. YOUNG THE RESERVE OF THE ARMY TO THE GRADE INDICATED CHRISTOPHER P. BARTOS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: JASON A. BERDOU TO THE GRADE INDICATED IN THE UNITED STATES NAVY DANIEL J. BIDETTI To be brigadier general UNDER TITLE 10, U.S.C., SECTION 624: BOYD R. BINGHAM COL. WILLIAM F. MCCLINTOCK CHAD J. BLACKETER To be lieutenant commander THOMAS R. BOLAND BRIAN E. LAMARCHE IN THE MARINE CORPS FREEMAN T. BONNETTE MEGAN A. BROGDEN THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT HENRY C. BROWN TO THE GRADE INDICATED IN THE UNITED STATES NAVY IN THE UNITED STATES MARINE CORPS TO THE GRADE JOSIEL CARRASQUILLOMORALES UNDER TITLE 10, U.S.C., SECTION 624: INDICATED WHILE ASSIGNED TO A POSITION OF IMPOR- MARTIN J. CHEMAN To be lieutenant commander TANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., MICHAEL C. CHERRY SECTIONS 601: ERIC P. CHRISTIANSEN, JR. TERENCE M. MURPHY To be lieutenant general JAMES G. CLARK THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JOHN D. CLEMONS TO THE GRADE INDICATED IN THE UNITED STATES NAVY MAJ. GEN. MICHAEL S. GROEN FRANKIE C. COCHIAOSUE UNDER TITLE 10, U.S.C., SECTION 624: BRIAN M. COZINE IN THE AIR FORCE GEORGE S. CROCKATT To be lieutenant commander THE FOLLOWING NAMED OFFICER FOR APPOINTMENT SHERMOAN L. DAIYAAN ROLDAN J. CRESPOPABON IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- KENNETH R. DARNALL CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE PAUL R. DAVIS IN THE COAST GUARD AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION LARRY R. DEAN THE FOLLOWING NAMED OFFICERS OF THE COAST 601: BRIAN T. DONAHUE GUARD PERMANENT COMMISSIONED TEACHING STAFF AMY E. DOWNING FOR APPOINTMENT IN THE UNITED STATES COAST To be lieutenant general ALAIN G. FISHER GUARD TO THE GRADE INDICATED UNDER TITLE 14, MARC J. FLEURANT MAJ. GEN. JAMES C. DAWKINS, JR. U.S.C., SECTIONS 1944 AND 2126: CHRISTOPHER L. FOSTER IN THE ARMY MISTI L. FRODYMA To be captain VINCENTE GARCIA THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CORINNA M. FLEISCHMANN CHAE GAYLES IN THE UNITED STATES ARMY TO THE GRADE INDICATED JESSIE K. GRIFFITH III To be commander UNDER TITLE 10, U.S.C., SECTION 624: STEVEN D. GUTIERREZ TODD C. HANKS KIMBERLY C. YOUNG–MCLEA To be major general SCOTT E. HELMORE f BRIG. GEN. SEAN C. BERNABE LUCAS S. HIGHTOWER BRIG. GEN. PATRICK D. FRANK CHRISTOPHER M. HILL CONFIRMATIONS JAMES E. HOWELL III IN THE AIR FORCE MICAH R. HUTCHINS Executive nominations confirmed by JEFFREY J. IGNATOWSKI the Senate September 30, 2020: AIR FORCE NOMINATIONS BEGINNING WITH BRIAN H. SEAN P. IMBS ADAMS AND ENDING WITH MARY JEAN WOOD, WHICH SEANA M. JARDIN IN THE ARMY NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- CHRISTOPHER D. JOHNSON PEARED IN THE CONGRESSIONAL RECORD ON MAY 4, 2020. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AIR FORCE NOMINATION OF JAMES E. KEY III, TO BE RICARDO D. JONES IN THE UNITED STATES ARMY TO THE GRADE INDICATED VERNON L. JONES, JR. COLONEL. WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND AIR FORCE NOMINATIONS BEGINNING WITH PAUL JEF- JENNIFER S. KARIM RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: CODY W. KOERWITZ FREY AFFLECK AND ENDING WITH JOSEPH F. ZINGARO, WILLIAM R. KOST To be general WHICH NOMINATIONS WERE RECEIVED BY THE SENATE MATTHEW L. KUHNS AND APPEARED IN THE CONGRESSIONAL RECORD ON LT. GEN. CHRISTOPHER G. CAVOLI JANELLE V. KUTTER SEPTEMBER 10, 2020. WESLEY J. KWASNEY SPACE FORCE AIR FORCE NOMINATION OF MICHAEL B. PARKS, TO BE WILLIAM E. LAASE COLONEL. BARRCARY J. LANE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AIR FORCE NOMINATION OF BRIAN P. O’CONNOR, TO BE TASHA N. LOWERY IN THE UNITED STATES SPACE FORCE TO THE GRADE IN- MAJOR. ANTHONY P. MARANTE DICATED WHILE ASSIGNED TO A POSITION OF IMPOR- AIR FORCE NOMINATION OF SAMUEL P. BAXTER, TO BE JESSE R. MARSALIS TANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., COLONEL. RICHARD J. MARSDEN SECTION 601: AIR FORCE NOMINATION OF RYAN M. VANARTSDALEN, KATIE E. MATTHEW To be general TO BE MAJOR. JULIE A. MAXWELL IN THE ARMY JENNIFER MCDONOUGH LT. GEN. DAVID D. THOMPSON THOMAS G. MCFALL THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ARMY NOMINATION OF MARK J. RICHARDSON, TO BE DANIELLE R. MEDAGLIA IN THE PERMANENT GRADE INDICATED IN THE UNITED MAJOR. JONATHAN W. MEISEL STATES SPACE FORCE UNDER TITLE 10, U.S.C., SECTION ARMY NOMINATION OF LUIS O. RODRIGUEZ, TO BE MICHAEL K. MEUMANN 716: COLONEL. JASON L. MILES To be major general ARMY NOMINATION OF KYLE C. FURFARI, TO BE SAMUEL R. MILLER MAJOR. DAVID A. MITCHELL LT. GEN. DAVID D. THOMPSON ARMY NOMINATIONS BEGINNING WITH EDWARD J. KEITH C. MIXON COLEMAN AND ENDING WITH MICHAEL E. KELLY, WHICH THE FOLLOWING NAMED OFFICER FOR APPOINTMENT SHAWN M. OBRIEN NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- IN THE PERMANENT GRADE INDICATED IN THE UNITED PHILBERT J. PALMORE PEARED IN THE CONGRESSIONAL RECORD ON AUGUST 13, STATES SPACE FORCE UNDER TITLE 10, U.S.C., SECTION MATTHEW C. PAUL 2020. 716: BRIDGETTE L. PAYTON ARMY NOMINATION OF RENN D. POLK, TO BE COLONEL. KEVIN D. PIERCE To be major general ARMY NOMINATIONS BEGINNING WITH WILLIAM R. MARTIN P. PLYS, JR. IN THE AIR FORCE BROWN AND ENDING WITH PAUL S. WINTERTON, WHICH STEVEN POWER NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- RHEA M. PRITCHETT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT PEARED IN THE CONGRESSIONAL RECORD ON AUGUST 13, ELDRED K. RAMTAHAL AS VICE CHIEF OF STAFF OF THE AIR FORCE AND AP- 2020.

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ARMY NOMINATIONS BEGINNING WITH JONATHAN MARINE CORPS NOMINATION OF JOHN STEPHENS, TO NAVY NOMINATION OF TODD D. STRONG, TO BE LIEU- BENDER AND ENDING WITH CHRISTOPHER J. VITALE, BE LIEUTENANT COLONEL. TENANT COMMANDER. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE MARINE CORPS NOMINATION OF ANGELA M. NELSON, NAVY NOMINATION OF NATHAN D. HUFFAKER, TO BE AND APPEARED IN THE CONGRESSIONAL RECORD ON AU- TO BE LIEUTENANT COLONEL. LIEUTENANT COMMANDER. GUST 13, 2020. MARINE CORPS NOMINATION OF LUKE D. ZUMBUSCH, NAVY NOMINATION OF EMILY M. BENZER, TO BE LIEU- ARMY NOMINATIONS BEGINNING WITH RAYMOND TO BE MAJOR. TENANT COMMANDER. COLSTON, JR. AND ENDING WITH MATTHEW J. RIVAS, MARINE CORPS NOMINATION OF RICHARD M. RUSNOK, NAVY NOMINATION OF DAVID M. LALANNE, TO BE LIEU- WHICH NOMINATIONS WERE RECEIVED BY THE SENATE TO BE COLONEL. AND APPEARED IN THE CONGRESSIONAL RECORD ON AU- MARINE CORPS NOMINATION OF DAMON K. BURROWS, TENANT COMMANDER. GUST 13, 2020. TO BE COLONEL. NAVY NOMINATION OF JEAN E. KNOWLES, TO BE CAP- ARMY NOMINATIONS BEGINNING WITH JAMES O. TAIN. BOWEN AND ENDING WITH PHILIP A. WINN, WHICH NOMI- IN THE NAVY NAVY NOMINATION OF KEVIN M. RAY, TO BE COM- NATIONS WERE RECEIVED BY THE SENATE AND AP- NAVY NOMINATION OF BRIAN F. O’BANNON, TO BE MANDER. PEARED IN THE CONGRESSIONAL RECORD ON AUGUST 13, LIEUTENANT COMMANDER. 2020. NAVY NOMINATION OF INARAQUEL MIRANDAVARGAS, SPACE FORCE ARMY NOMINATIONS BEGINNING WITH ANDREW T. TO BE LIEUTENANT COMMANDER. CONANT AND ENDING WITH RAVINDRA V. WAGH, WHICH NAVY NOMINATION OF KRISTEN L. KINNER, TO BE CAP- SPACE FORCE NOMINATIONS BEGINNING WITH DAVID NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- TAIN. L. RANSOM AND ENDING WITH JAMES C. KUNDERT, PEARED IN THE CONGRESSIONAL RECORD ON AUGUST 13, NAVY NOMINATION OF JEFFREY B. PARKS, TO BE COM- WHICH NOMINATIONS WERE RECEIVED BY THE SENATE 2020. MANDER. AND APPEARED IN THE CONGRESSIONAL RECORD ON AU- ARMY NOMINATION OF FRED J. GROSPIN, TO BE COLO- NAVY NOMINATION OF WILLIAM F. BLANTON, TO BE GUST 6, 2020. NEL. COMMANDER. SPACE FORCE NOMINATIONS BEGINNING WITH DAVID ARMY NOMINATION OF MATTHEW E. TULLIA, TO BE NAVY NOMINATION OF MICHAEL J. ARMSTRONG, TO BE R. ANDERSON AND ENDING WITH DEVIN L. ZUFELT, MAJOR. COMMANDER. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE IN THE MARINE CORPS NAVY NOMINATION OF CHADWICK G. SHROY, TO BE AND APPEARED IN THE CONGRESSIONAL RECORD ON AU- LIEUTENANT COMMANDER. GUST 6, 2020. MARINE CORPS NOMINATION OF ANTHONY J. NAVY NOMINATION OF TERRANCE L. LEIGHTON III, TO BERTOGLIO, TO BE MAJOR. BE LIEUTENANT COMMANDER.

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COMMENDING BRIGADIER Support Group, and members of the United During his time in the House, JOHN’s legisla- GENERAL DAVID A. PIFFARERIO States Army Corps of Engineers (USACE). tive accomplishments ran the gamut—from the BG Piffarerio’s impact reaches far beyond 9–1–1 legislation and his impressive (and ex- HON. DEBBIE MUCARSEL-POWELL the work at HARB, ensuring the Homestead pansive) energy policy portfolio, to improving OF FLORIDA community benefits as well. He led efforts in child safety measures through Anton’s Law enacting positive change within the community IN THE HOUSE OF REPRESENTATIVES and others, securing funding for rare cancer by partnering with local businesses, Home- research, protecting veterans and our commu- Wednesday, September 30, 2020 stead Hospital, Veterans Affairs, Military Af- nities, and leading countless biofuel and tele- Ms. MUCARSEL-POWELL. Madam Speak- fairs Committee (MAC), the South Dade communication provisions. er, I rise today to commend Brigadier General Chamber of Commerce, and many other com- The bills he championed have been signed David A. Piffarerio for his admirable dedication munity organizations. It has been an honor to into law by three different presidents, show- and selfless service to our Nation. BG have someone of exceptional caliber serve as casing the prowess JOHN has in legislating Piffarerio will retire from his assignment as Commander. On behalf of a grateful nation, I and working across the aisle to get things Commander of the 482nd Fighter Wing, Air join my colleagues today and congratulate done for the American people. Force Reserve Command, Homestead Air Re- General Piffarerio for a lifetime of service. We It’s this ability to find common ground and serve Base (HARB), Florida on August 2, wish him, his wife, Jennifer and his son, work together with his colleagues to get the 2020. BG Piffarerio first took command of the Bryce, the best wishes on his new journey as job done that has made JOHN so successful 482nd Fighter Wing at HARB on September 9, Deputy Commander, U.S. Alaskan Command, as a Congressman and so well-respected as 2018. BG Piffarerio’s tenure as Commander Joint Base Elmendorf-Richardson, Alaska. a colleague. has marked everlasting change in the City of f His leadership has been critical over the Homestead. years, and I know without question that this in- TRIBUTE TO JOHN SHIMKUS BG Piffarerio was commissioned to the stitution is better because of his service and United States Air Force in 1994 as an honor SPEECH OF that I am a better Member of Congress be- graduate. BG Piffarerio has served as a com- cause of his guidance. mand pilot with over 3,500 flying hours making HON. ADAM KINZINGER JOHN SHIMKUS is more than a colleague, him one of the most proficient pilots in air- OF ILLINOIS he’s a true friend and a patriot. His impact on crafts such as the F–15E. His devotion to fly- IN THE HOUSE OF REPRESENTATIVES Members like me has been incredibly pro- ing led him to a major milestone, becoming Tuesday, September 29, 2020 found and I know his legacy of servant leader- the first pilot in the Air Force to log 1,000 Mr. KINZINGER. Madam Speaker, I rise ship will continue to serve as a model for in- hours in the F–22 Raptor. BG Piffarerio has today in honor and recognition of my good coming Members of Congress for years to dedicated over 13 years on active duty in a come. friend and mentor, Congressman JOHN SHIM- variety of F–15E Strike Eagle and F–22 as- Madam Speaker, the hometown hero of Col- KUS of Illinois’ 15th District. signments. He was selected as part of the first For 23 years, JOHN has served here in the linsville, Illinois has served this chamber well cadre to test the F–22 during follow-on evalua- House of Representatives, leading our delega- and is most deserving of this recognition here tions in 2002. Shortly after, BG Piffarerio was tion and making his mark on the House En- today. We are going to miss our good friend named program manager and F–22 test direc- ergy and Commerce Committee. Before his JOHN SHIMKUS in the People’s House, but we tor at Nellis Air Force Base, Nevada. BG service in Congress, JOHN served our country wish him all the best in his retirement. Piffarerio was also a part of the initial cadre in the United States Army and the United f who stood up the 477th Fighter Group in States Army Reserve, retiring with the rank of TRIBUTE TO JOHN SHIMKUS 2007. He served as the Commander of the Lieutenant Colonel. 302nd Fighter Squadron, Air Force Reserve For his district and his country, JOHN has SPEECH OF Command’s 477th Fighter Group, Elmendorf served with great honor, integrity, and convic- Air Force Base, Alaska. Prior to assuming tion. He has changed the game with his work HON. JEFF DUNCAN command of the 482nd Fighter Wing, BG on our nation’s energy portfolio and chemical OF SOUTH CAROLINA Piffarerio was the Command Center Director safety measures, especially with the Frank R. IN THE HOUSE OF REPRESENTATIVES at Joint Headquarters North American Aero- Lautenberg Chemical Safety for the 21st Cen- Tuesday, September 29, 2020 space Defense Command and U.S. Northern tury Act, which became law in June 2016 and Command. formally outlined how we use and dispose of Mr. DUNCAN. Madam Speaker, I rise to This admirable work ethic, experienced chemicals. honor a good friend and esteemed colleague, operational knowledge, and excellent leader- This was a major undertaking and the suc- the gentleman from Illinois, JOHN SHIMKUS. ship made him a respected and honorable cess of this legislative achievement is one of Congressman SHIMKUS has been a true Commander of the 482nd Fighter Wing. For many you’ll find throughout JOHN’s career. statesman and a devoted public servant for the community in Florida’s Congressional Dis- In Congress, he was a champion for finding the people of his district. trict 26, and the devoted men and women at safe nuclear waste repository solutions and re- He’s a testament to hard work, commitment Homestead Air Reserve Base, BG Piffarerio ducing greenhouse gases and sulfur emis- to the job, and dedication to serving the embodies superior professionalism. He led his sions. United States of America. members with courage and consistency. He introduced legislation that would stream- JOHN and I have served on the House En- Under his respected role, BG Piffarerio com- line permits to enable efficient broadband in- ergy and Commerce Committee together and manded over 2,500 personnel members, frastructure, recognizing the needs of under- share a passion for energy and environment stemming from active duty Air Force associa- served communities. policy. tion personnel, traditional reservists, Air Re- He also championed the 1999 legislation We have fought for Yucca Mountain and for serve technicians, and full-time civilians. BG that officially designated 9–1–1 as the uni- the promise of a permanent geological reposi- Piffarerio also managed wide-ranging tenant versal emergency telephone number within the tory for our nation’s nuclear waste, something units that include the Air National Guard’s U.S. that impacts both South Carolina and Illinois. 125th Fighter Wing, Detachment 1 Alert Force, Yes, that’s right—JOHN SHIMKUS made 9–1– We have fought for the advancement of nu- Headquarters, Special Operations Command, 1 the official emergency number and we clear energy as part of our all-of-the-above en- South (SOCSOUTH), U.S. Customs and Bor- should ALL be grateful. His effort to create ergy matrix and a carbon-free source of elec- der Protection, U.S. Coast Guard Maritime and establish this comprehensive emergency tricity. Safety and Security Team (MSST 91114), the communications infrastructure has undoubt- We fought for these things and more—and Florida Army National Guard’s 50th Regional edly saved countless lives. his efforts in these fights will be truly missed.

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

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I thank JOHN. It has been great working with graduate degree, and then earning a Masters’ CELEBRATING BOND BETWEEN 10 him here in Congress. Degree at Cambridge College. In 2007, she YEAR OLD KHLOE MOUTRA AND I know God will bless him in his future en- attended the Harvard Trade Union Labor Pro- MISSOURI CITY POLICE OFFICER deavors. gram. f Madam Speaker, Donna took a job at Cam- HON. PETE OLSON bridge Hospital and observed a strike by a OF TEXAS HONORING THE CITY OF BETHANY, union at the hospital. She called her father IN THE HOUSE OF REPRESENTATIVES MISSOURI and he instructed her to come home imme- Wednesday, September 30, 2020 diately and not cross the picket line. This inci- HON. SAM GRAVES dent sparked her fire for collective bargaining, Mr. OLSON. Madam Speaker, I rise today to celebrate a special bond that developed be- OF MISSOURI workers’ rights and fair representation. tween Missouri City, TX Police Officer Jessica IN THE HOUSE OF REPRESENTATIVES Donna accepted a nursing position at Cam- bridge Hospital, becoming the President of the Berry and a young girl, Khloe Moutra. Their Wednesday, September 30, 2020 Cambridge Hospital MNA Bargaining Com- friendship sparked a community initiative to Mr. GRAVES of Missouri. Madam Speaker, mittee. Not surprisingly, she rose to the posi- collect books for officers to distribute at events I proudly pause to recognize the City of Beth- tion of Vice-President of the MNA, and for the and on emergency scenes. any. Bethany is celebrating 175 years of being past twelve years has been President of the This friendship began thanks to Khloe’s a town this September. Located within Har- MNA. grandmother who introduced her to officers at rison County, Bethany may be a small town During her tenure as MNA President, Donna the Missouri City Police Department. After the within my district, but this town’s roots run far- has worked ferociously to represent the meeting, ‘‘A Book and a Smile’’ was started ther than can be imagined. nurses and health care professionals in this with Khloe’s extra savings, a program de- Bethany, having been around since 1845, is state. She has accomplished much: legislation signed to give books to families who couldn’t well known for its early days of being a rail- banning mandatory overtime was passed as get them at libraries due to the pandemic. road town which ultimately shaped the econ- well as legislation limiting the number of pa- Khloe’s goal is to give 1 million books to 1 mil- omy, culture and community of this wonderful tients assigned to ICU nurses across the lion kids—and she’s well on her way with a re- town for almost 100 years until the last train Commonwealth. cent donation of 1,000 children’s books from pulled out of Bethany in 1980. The Railroad Throughout this COVID 19 pandemic, Disney. industry wasn’t the only industry that helped Donna has fought for PPE for healthcare pro- Khloe’s grandmother wanted her to feel safe the City of Bethany become what it is today. fessionals, for legislation to limit occupational going to the police for help when she needed For many years, Bethany was known as one exposure to COVID 19, and to eliminate the it. This simple gesture blossomed into a won- of the best trading places in Northwest Mis- re-use of n95 masks which endangers the derful friendship and initiated a goodwill effort souri. Now thanks to the Interstate 35, Beth- safety of those who use them. She has to support literacy and give back to the com- any is still is on the map in Northwest Missouri worked to secure housing for nurses who are munity. This special alliance highlights the po- for its service industry and retail industry fearful of carrying the virus home, and for tential for goodwill during this pandemic and which has fueled the wonderful growth of counseling for those who are in need. beyond. Bethany over the past 30 to 40 years. Home Madam Speaker, Donna is known for her On behalf of the Twenty-Second Congres- of Babe Adams, a great baseball player who kind smile, quick sense of humor, her relent- sional District of Texas, I thank Khloe Moutra pitched in three world series games, and Ben- less energy when fighting for her nurses and and the Missouri City Police Department for jamin Prentiss, a Civil War General and former her affection for Dunkin’ Donuts iced coffee. the inspirational work they’ve done for our Postmaster of Bethany, the city of Bethany She has had the good fortune to be married community. has many reasons to be proud of its past 175 to Bill for 42 years. They are the proud par- f years. ents of four children and three grandchildren. CONGRATULATING SISTER BETH Madam Speaker, I proudly ask you to join It is my distinct honor to join with Donna BROSMER A CHAMPION FOR me in recognizing the City of Bethany for 175 Kelly-Williams’ family, friends, and contem- THOSE IN NEED, ON HER RE- years of existence but also to recognize the poraries to thank her for her service to the TIREMENT FROM HEART, LOVE city’s extremely bright future ahead. I am hon- American Labor Movement, and for her dedi- & SOUL ored to represent every citizen within and cation to nurses and patients across the Com- around the City of Bethany in the United monwealth of Massachusetts. HON. BRIAN HIGGINS States Congress. f OF NEW YORK f PERSONAL EXPLANATION IN THE HOUSE OF REPRESENTATIVES IN HONOR OF DONNA KELLY-WIL- Wednesday, September 30, 2020 LIAMS, RN, PRESIDENT, MASSA- HON. CHERI BUSTOS Mr. HIGGINS of New York. Madam Speak- CHUSETTS NURSES ASSOCIATION OF ILLINOIS er, I rise today to congratulate Sister Beth IN THE HOUSE OF REPRESENTATIVES Brosmer on her retirement as Executive Direc- HON. STEPHEN F. LYNCH Wednesday, September 30, 2020 tor of Heart, Love & Soul, a nonprofit in the OF MASSACHUSETTS Mrs. BUSTOS. Madam Speaker, I was un- city of Niagara Falls, New York ‘‘dedicated to IN THE HOUSE OF REPRESENTATIVES able to vote on September 29, 2020. The feeding those in need; body, mind and soul.’’ A native of Columbus, Ohio and a member Wednesday, September 30, 2020 peaceful transition of power following an elec- of the Sisters of St. Francis at Stella Niagara tion is the cornerstone of our democracy. Had Mr. LYNCH. Madam Speaker, I rise today in for more than five decades, Sister Beth’s ca- I been present for the roll call vote on H. Res. honor of Donna Kelly-Williams in recognition reer of care included a stint as development 1155 to reaffirm this commitment, I would of her outstanding contributions to the Amer- director for her order to ensure the care of her have cast the following vote: ican Labor Movement, the Massachusetts fellow sisters and at one of her hometown Roll Call 208: Yea. Nurses Association and for nearly fifty years of hospitals working with volunteers. Her experi- dedicated service to her community. f ence and determination in making a difference The daughter of Louise and John Kelly of PERSONAL EXPLANATION in the lives of others made her an ideal choice Somerville, MA, Donna was born on Sep- eleven years ago to lead this agency that lives tember 19, 1954. Her family lived on Marion HON. HAROLD ROGERS up to its name. Street in Somerville until they moved to Arling- OF KENTUCKY Heart, Love & Soul is now one of the largest ton, MA. Donna and her husband Bill bought organizations in Niagara County, serving indi- IN THE HOUSE OF REPRESENTATIVES a house just a few doors down from her par- viduals and families from Niagara Falls to ents where they reside today. Wednesday, September 30, 2020 Lake Ontario. Founded in 1982 as a food pan- Donna attended St. Joseph’s High School in Mr. ROGERS of Kentucky. Madam Speaker, try by a local prayer group, Heart, Love & Soul Somerville. Subsequently, she enrolled at La- due to unforseen flight delays, I was unable to has expanded over the years and most dra- Salle College where she earned her nursing vote on September 29, 2020. Had I been matically under the direction of Sister Beth to degree. She then enrolled at the University of present, I would have voted NAY on Roll Call include a dining room, case management, chil- Massachusetts, Boston, earning her under- No. 207, and YEA on Roll Call No. 208. dren’s, veterans and senior services, cooking

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He was 770 babies across the country who develop awards to meet the growing demand for qual- awarded the Legion of Honor from France in hydrocephalus per year. Nationwide, these ity health and nutritional services. 2018 for his service. cases alone cost the U.S. health care system Sister Beth once said, ‘‘At Heart and Soul I Following his military career, he made his $2 billion per year. Veterans and active mili- feel as I’ve come home’’ and it is with her wel- home in Virginia and worked as a transpor- tary personnel, such as those stationed at coming smile, boundless energy and unwaver- tation logistics specialist. He was an advocate Joint Base San Antonio, are also ing respect for the humanity of others that she for minority participation in the transportation disproportionally affected. Medical researchers greets her clients, fellow staff members and all industry and volunteered his expertise to serve believe that two-thirds of our nation’s current who come to her in need. She makes every- on President Carter’s National Defense Execu- and former military service members suffering one feel like they have found a home as well tive Reserve and to consult on logistics for from moderate to severe traumatic brain inju- with her candor, commitment and complete President Reagan’s inauguration. ries are at risk of developing hydrocephalus. embrace of social justice. Sister Beth’s service Mr. Duncan was also very active in his com- In the midst of this pandemic, it is now more to others has blazed a trail for us to follow. munity and was named one of the 100 most important than ever to improve the federal Though truly humble and generous in her influential people in Loudoun County in 2016. government’s partnership with the hydro- gratitude to others, it must be acknowledged He served on the Loudoun County Transpor- cephalus community. Many individuals with that her legacy will live on in ‘‘Daybreak,’’ the tation Economic Development Committee and hydrocephalus live with other serious medical new one-stop center opening this year fol- as a board member of the Loudoun Sym- comorbidities, putting them at a higher risk for lowing a multi-million-dollar capital campaign. phony. He was also a passionate advocate for severe illness from COVID–19. We must do all More than 30 partner agencies will be housed caregivers, having cared for Elsie, his beloved we can to help patients, health care profes- under one roof allowing for easier access to wife of 72 years, as she struggled with Alz- sionals and families as they struggle to main- expanded services for the homeless and those heimer’s disease in her final years. Labor of tain and improve quality of life during these who find themselves in need of assistance. Love Day, which he founded, is celebrated challenging times. I am honored to have had the opportunity to every Labor Day in Loudoun County to raise I urge my colleagues to join me in recog- work with Sister Beth for the betterment of Ni- awareness of family caregivers and their loved nizing Hydrocephalus Awareness Month and agara Falls and our Western New community ones who struggle with Alzheimer’s. the 1 million Americans living with hydro- as she has become a voice for those tradition- Mr. Duncan passed away last year at the cephalus by joining the Congressional Pedi- ally not heard and a champion for those who age of 100, two months after he attended the atric and Hydrocephalus Caucus. deserve every opportunity to live lives of 75th anniversary and commemoration of the f value. Fueled by her deep faith, Sister Beth D-Day landings in Normandy, France. He is PERSONAL EXPLANATION Brosmer embodies the unyielding compassion deeply missed by his three children, eight necessary to foster healing in mind, body and grandchildren, seven great-grandchildren, and soul. And while she will be greatly missed, two great-great-grandchildren. HON. NEAL P. DUNN Sister Beth Brosmer’s home will always be at Today, the House of Representatives will OF FLORIDA Heart, Love & Soul. honor Mr. Duncan’s life and memory by pass- IN THE HOUSE OF REPRESENTATIVES Madam Speaker, I take this time to con- ing legislation to name the post office in Lees- Wednesday, September 30, 2020 gratulate, celebrate and thank Sister Beth burg, Virginia after him. I ask my colleagues to Mr. DUNN. Madam Speaker, I was unable Brosmer for her lifetime of service. She is truly join me in recognizing Mr. Duncan’s life and to be present for votes during the week of 9/ a beacon of light and hope and her work will his lifelong commitment to service. 21 and on 9/28 due to a minor medical proce- leave a lasting impact on the Niagara Falls f dure. Had I been present, I would have voted community. RECOGNIZING HYDROCEPHALUS YEA on Roll Call No. 196; YEA on Roll Call f AWARENESS MONTH No. 197; YEA on Roll Call No. 198; NAY on PERSONAL EXPLANATION Roll Call No. 199; NAY on Roll Call No. 200; YEA on Roll Call No. 201; NAY on Roll Call HON. LLOYD DOGGETT No. 202; NAY on Roll Call No. 203; NAY on HON. RUBEN GALLEGO OF TEXAS Roll Call No. 204; YEA on Roll Call No. 205; OF ARIZONA IN THE HOUSE OF REPRESENTATIVES NAY on Roll Call No. 206; NAY on Roll Call IN THE HOUSE OF REPRESENTATIVES Wednesday, September 30, 2020 No. 207; and YEA on Roll Call No. 208. Wednesday, September 30, 2020 Mr. DOGGETT. Madam Speaker, I rise f Mr. GALLEGO. Madam Speaker, I missed today to recognize Hydrocephalus Awareness HONORING THE LIFE AND SERVICE two votes on September 29, 2020. Had I been Month. Every September patients, caregivers OF FRANCIS V. EGELER present, I would have voted: YEA on Roll Call and their families come together throughout No. 207, and YEA on Roll Call No. 208. the nation in support of the more than HON. JACK BERGMAN 1,000,000 people of all ages living with hydro- f OF MICHIGAN cephalus in the United States. As co-chair of IN THE HOUSE OF REPRESENTATIVES COMMEMORATING THE LIFE OF the Congressional Pediatric and Adult Hydro- NORMAN DUNCAN cephalus Caucus, I believe Congress has an Wednesday, September 30, 2020 important role to play in both raising aware- Mr. BERGMAN. Madam Speaker, It is my HON. JENNIFER WEXTON ness of this condition, as well as crafting poli- honor to recognize the life of Francis V. OF VIRGINIA cies that result in better treatments and poten- Egeler, who passed away recently after a life- IN THE HOUSE OF REPRESENTATIVES tially a cure. I urge my colleagues to join the time of service to his fellow Michiganders. caucus to learn more about this devastating Through his extreme dedication to public serv- Wednesday, September 30, 2020 condition. ice, Frank became an indispensable part of Ms. WEXTON. Madam Speaker, I rise today Anyone can develop hydrocephalus, an ab- the state of Michigan. to commemorate the life of Norman Duncan, a normal accumulation of cerebrospinal fluid in Frank was born on December 28, 1963. World War II veteran who dutifully served our the brain, at any time. This can include pre- After graduating from Traverse City Saint country, the Commonwealth of Virginia, and mature babies, active duty service members, Francis High School in 1982, Frank spent a his Loudoun County community throughout his veterans, and seniors. Individuals can also be year working with Young Americans as a light life. born with hydrocephalus, develop it as part of and sound operator before studying account- Mr. Duncan was born in 1919 to Lithuanian the aging process, or acquire it as a result of ing at Northwestern Michigan College. Fol- immigrants and grew up in Manhattan before infections, brain tumors or traumatic brain inju- lowing his education, Frank found his passion moving to Washington, D.C. He was drafted ries, among other causes. The only present and calling in life while working on his first po- during World War II, and, following a training treatment for this condition is brain surgery. litical campaign in 1998. This launched a

VerDate Sep 11 2014 14:28 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A30SE8.009 E30SEPT1 SSpencer on DSK126QN23PROD with REMARKS E902 CONGRESSIONAL RECORD — Extensions of Remarks September 30, 2020 twenty-two career in Michigan Republican poli- Ms. Lowe grew up in Dumas, Arkansas in Ms. Lowe was also a sage counselor, men- tics, where he would go on to greatly shape the painful shadow of Jim Crow. When she tor, and role model to countless civic leaders, the political makeup of Michigan, especially in was just fifteen, her family moved to Kansas community organizers, and elected officials Northern Michigan and the Upper Peninsula. City, where she would go on to become a pio- like myself, who sought her wisdom as we His dedication, kindness, and infectious cha- neer in the fight for desegregation. Ms. Lowe began our own barrier-breaking careers on a risma made him well liked and respected by spent her early career with another pioneer in path she helped pave. We who owed her so all who had the opportunity to meet him. that struggle: Black physician Dr. Dennis much, who loved her so much, who looked up Frank passed away on September 5, 2020. Madison Miller, who would go on to be ap- to her so much—we called her ‘‘Mother He is missed dearly by his family and friends, pointed Superintendent of the Jackson County Lowe.’’ We sought her out not only for her ex- and his legacy will undoubtedly live on for Hospital Colored Division. She worked for him perience and wisdom, but also for her kind- generations for come. Frank’s tireless devotion for twenty-three years at his office on 18th and ness, her warmth, and her unflinching, to the public good touched the lives of count- Vine. In the 1950s, Ms. Lowe was instru- unapologetic honesty. She is the political less Michiganders, and the impact of his work mental in efforts to desegregate downtown mother of African American power in Kansas cannot be overstated. Kansas City department stores. Ms. Lowe was City. Madam Speaker, on behalf of Michigan’s also instrumental in the founding of Freedom, Decades working for Dr. Dennis Miller, dec- First Congressional District, I ask you to join Incorporated of Kansas City, Missouri, a polit- ades as the committeewoman for the 14th me in honoring the life of Francis V. Egeler. ical organization conceived in 1961 to elevate Ward, decades as the President of the Santa His legacy will forever live on in his family and the votes, voices, and volition of the Black Fe Area Council—Ms. Lowe was one of the through the many lives he bettered through his community of Kansas City to the halls of gov- most dedicated public servants I have ever service. ernment. The next year, she and Freedom, seen in action. Hers was not a rise to power, f Inc. co-founder Leon Jordan ran for seats as where one springs from one post to another. Democratic committee representatives for our Ms. Lowe became ‘‘Mother Lowe’’ because HONORING WESTON T. HENNING City’s 14th Ward. She lost. Jordan won. But she stayed in the arena, fighting in the strug- Ms. Lowe would later go on to win that seat gles of today, every day, for ninety-four years’ HON. SAM GRAVES and hold it for two decades as Kansas City’s worth of days. OF MISSOURI first Black committeewoman. In 1964, when There is a stretch of street in Kansas City, IN THE HOUSE OF REPRESENTATIVES thousands of activists travelled south to Mis- on 29th between Prospect and Indiana Ave- sissippi as part of Freedom Summer, Ms. Wednesday, September 30, 2020 nue. It runs right through the heart of the Lowe stayed in Kansas City and helped reg- Santa Fe Neighborhood. It is called the Hon- Mr. GRAVES of Missouri. Madam Speaker, ister thousands of Black voters before a city- orary Rosemary S. Lowe Lane. Today, we I proudly pause to recognize Weston T. wide vote on a proposed ordinance that would honor a woman who has defined a stretch of Henning. Weston is a very special young man make it illegal to discriminate in taverns, trade history in Kansas City. It is a stretch that runs who has exemplified the finest qualities of citi- schools, hospitals, and clinics. Kansas City’s right through the heart of our struggle to be- zenship and leadership by taking an active public accommodations ordinance passed, come more free and more equal. Madam part in the Boy Scouts of America, Troop 43, predating the Civil Rights Act of 1964 by sev- Speaker, please join me in honoring the ex- and earning the most prestigious award of eral months. A retired cosmetologist, she traordinary life and memory of Ms. Rosemary Eagle Scout. spent her later years, if anything, expanding Lowe. Ms. Lowe’s march to a better future for Weston has been very active with his troop, her efforts to help her community. She volun- our city did not relent for one minute. Let us participating in many scout activities. Over the teered for the American Red Cross at Meno- be grateful for the world she handed us and many years Weston has been involved with rah Medical Center and the Veterans Adminis- resolve to bring the spirit of Mother Lowe to scouting, he has not only earned numerous tration Hospital of Kansas City, won and main- each and every effort we undertake to make merit badges, but also the respect of his fam- tained a place on the Democratic National it better. ily, peers, and community. Most notably, Wes- Committee for six years, co-founded the Local ton has contributed to his community through Investment Commission to improve the lives of f his Eagle Scout project. Weston restored a children and families in the Kansas City resign and added landscaping around the Agen- gion, and helped convince city leaders to relo- CONGRATULATING BILL BECKER cy Community Center in Agency, Missouri. cate a Patrol Division of the Kansas City Po- Madam Speaker, I proudly ask you to join lice Department and rename it after none HON. DEBBIE MUCARSEL-POWELL me in commending Weston T. Henning for his other than Freedom, Inc. co-founder and OF FLORIDA accomplishments with the Boy Scouts of KCPD’s first Black lieutenant, Leon Jordan. IN THE HOUSE OF REPRESENTATIVES And whether it was Freedom, Inc., the Kansas America and for his efforts put forth in achiev- Wednesday, September 30, 2020 ing the highest distinction of Eagle Scout. City Democratic Committee, LINC, or any f other of the tables of decision at which Ms. Ms. MUCARSEL-POWELL. Madam Speak- Lowe sat, she was, more often than not, either er, I rise today to congratulate Bill Becker on IN RECOGNITION OF THE LIFE the only woman, the only Black voice, or both. his 30 years of remarkable service to the Flor- AND MEMORY OF MS. ROSEMARY I failed to mention, of course, the linchpin of ida Keys-based U.S. 1 Radio 104.1 FM and to LOWE Ms. Lowe’s life of service. In 1952, after the our community. Supreme Court ruled that people could not be Bill began his career with U.S. 1 Radio in HON. EMANUEL CLEAVER evicted from their homes on the basis of race, 1980 when the news station had just estab- OF MISSOURI Ms. Lowe’s became one of the first Black fam- lished itself. He served as the news director, IN THE HOUSE OF REPRESENTATIVES ilies to move to the beautiful Santa Fe Neigh- where he broadcasted local news, and hosted borhood on the East Side of Kansas City. U.S. 1’s 90-minute ‘‘Morning Magazine’’ every Wednesday, September 30, 2020 Kansas City’s history of ‘redlining’ and Santa morning to highlight local issues and events Mr. CLEAVER. Madam Speaker, it is with a Fe’s history of racial covenants meant the through on-air interviews and commentary. heavy heart that I rise today to honor the life transition for the first wave of Black residents His passion and devotion to marine biology and memory of a dear mentor, a great Kansas was far from easy. White families began to first led him to the Florida Keys and is what Citian, and an extraordinary American: Ms. move away in fear until, in 1955, just 15 per- jumpstarted his career in radio. After grad- Rosemary Lowe. Ms. Lowe, who passed away cent of the neighborhood remained White- uating in 1971, Bill began working at the on the evening of September 22nd, was an owned. Years later, when new residents would Lower Keys’ Newfound Harbor Marine Institute unstoppable force for change, force for good, move into the Santa Fe Neighborhood, they at Sea Camp. He taught marine biology to and force of nature. A public servant can only were told to go see the President of the Santa kids, through outreach programs and became hope to mean to their community what Ms. Fe Area Council, a Ms. Rosemary Lowe, who involved in local organizations. Bill co-founded Lowe means to hers. Since I learned of her had held the position for many decades. As one of the Lower Keys’ signature events: the passing, I have been thinking about her re- President of the Santa Fe Neighborhood, Ms. annual Underwater Music Festival that spot- markable story—about everything she was Lowe fought for more streetlights, improved lights coral reef preservation. Every year the able to accomplish—and I still find it hard to housing and infrastructure, and stronger, more event draws hundreds of diving and snorkeling believe she was able to fit it all into just nine- trusting ties between police and the commu- enthusiasts, as well as national and inter- ty-four years. nities they had sworn to protect. national media coverage.

VerDate Sep 11 2014 14:28 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A30SE8.014 E30SEPT1 SSpencer on DSK126QN23PROD with REMARKS September 30, 2020 CONGRESSIONAL RECORD — Extensions of Remarks E903 With his unyielding dedication to his com- HONORING MICHAEL LAIRMORE Huntingdon, Pennsylvania home on August munity, Bill’s work has left a tremendous im- 30, 2020. I knew Vince personally and can at- pact in numerous people’s lives. He volun- HON. JOHN GARAMENDI test that his devotion to family, community, teered his time during the 1998 Hurricane OF CALIFORNIA and country was evident to everyone who met Georges to offer comfort and critical live up- IN THE HOUSE OF REPRESENTATIVES him. dates throughout the storm. Bill partook in Vince was the proud owner of Pecora Floor- broadcasts in Cuba as part of humanitarian ef- Wednesday, September 30, 2020 ing Inc., a southwestern Pennsylvania com- forts led by a local group taking essential Mr. GARAMENDI. Madam Speaker, I rise pany specializing in institutional and industrial medical supplies and food to the island nation. today to recognize Michael Lairmore and his installation for over fifty years. Throughout that In 1982, Bill broadcasted live from Key West’s nearly 10 years of distinguished service as the time, Vince earned the respect and trust of his Mallory Square when the Florida Keys se- Dean of the School of Veterinary Medicine at community through his tenacity, workmanship, ceded from the Union and formed the inde- the University of California, Davis. As Dr. and approachability. pendent Conch Republic. Aside from his hard Lairmore retires this year, his dedicated tenure Outside of work, Vince was committed to work in broadcasting, Bill also dedicated his ensures he leaves behind a veterinary school helping kids with cancer after his grandson time to the community of the Lower Keys by which, ranks among the best in the world and was diagnosed with acute lymphoblastic leu- serving as the president of the Lower Keys is well-placed to further its success at the fore- kemia. After watching one of their own go Chamber of Commerce. front of veterinary science far into the future. through treatment and ultimately achieve re- Through all these accomplishments, Bill Alongside the school’s pioneering research, mission, the Pecora family started Genre’s made himself a pillar of the Keys community the veterinary hospital is unmatched in reputa- Kids with Cancer Fund to support others in and his retirement marks the end of an era. tion and patient visits. similar situations. From entertainment systems Bill embodies the hard working, community- Dr. Lairmore became Dean in 2011 and im- to go-bags packed with essentials, Genre’s minded nature that the Florida Keys is known mediately set to work; crafting a long-term and Kids with Cancer Fund anticipates the needs for. On behalf of Florida’s 26th District, I would multifaceted plan to guide the institution to its of families confronted with the horror of a like to thank Bill for his contribution to the full potential. His emphasis on the importance childhood cancer diagnosis. community and wish him the absolute best in of the school’s student and patient experience Vince is survived by his wife of 56 years, this next chapter of his life. at the forefront of his efforts and under his Donna Day Pecora; children, Daunette Baker leadership, the school implemented multiple and her husband, John, Vincent Pecora and comprehensive student programs, such as the his wife, Brenda, Dante Pecora and his wife, f Office of Global Programs and the Counseling Carla, and Todd Hook and his wife, Julie; sis- RECOGNIZING MS. PATRICIA and Career Service Center. Dr. Lairmore si- ter, Antoinette Capo; grandchildren, Kaitlynn CROWLEY, PRESIDENT/CEO OF multaneously reigned in student fees and was (Ricky) Boyer, James Baker, Genre Baker, THE GREATER HERNANDO COUN- a vanguard for diversity, ultimately making UC Vincent Pecora, Gianna Baker, Avery Pecora TY CHAMBER OF COMMERCE Davis a leader among veterinary schools with and Ava Pecora; and great-grandchildren, Gid- both the lowest levels of student debt and eon Boyer, Eden Boyer, Lacey Hook and most diverse student body. Together this al- Cameron Hook. HON. DANIEL WEBSTER lowed UC Davis’ program to tackle inequities Madam Speaker, it is with profound sadness in the veterinary field and create greater op- that I recognize the loss of Genre Vincent OF FLORIDA portunities for the most disadvantaged stu- Pecora. Vince will be remembered as a friend IN THE HOUSE OF REPRESENTATIVES dents. to many and his legacy will live on in south- Dr. Lairmore expanded the school’s re- western Pennsylvania. Wednesday, September 30, 2020 search capabilities—placing them at the top in f funding, infrastructure, and cutting-edge tech- Mr. WEBSTER of Florida. Madam Speaker, nology. With his guidance, the school RECOGNIZING THE UKRAINIAN it is with sincere appreciation that I recognize partnered with the United States State Depart- NATIONAL MUSEUM OF CHICAGO my friend Patricia Crowley, President/CEO of ment’s Office of Food and Agriculture; to cur- the Greater Hernando County Chamber of tail the Newcastle and Mad Cow viruses. In HON. MIKE QUIGLEY Commerce, for her leadership and service to addition, Dr. Lairmore played a pivotal role in OF ILLINOIS our business community. After 20 years of the development of USAID’s PREDICT project IN THE HOUSE OF REPRESENTATIVES service to the Greater Hernando County and identifying the Marburg and Ebola viruses Wednesday, September 30, 2020 Chamber of Commerce, Ms. Crowley will retire in bats preventing potential outbreaks. While on October 31, 2020. the world continues to combat the coronavirus Mr. QUIGLEY. Madam Speaker, I rise today Ms. Crowley began her career with the pandemic, UC Davis provides a model for to recognize the Ukrainian National Museum Greater Hernando County Chamber of Com- stopping future pandemics before they are al- of Chicago (UNM), a cultural landmark in the merce in March of 2000 as a Membership lowed to spread. heart of my district, on the occasion of its an- Representative. A few years later, Ms. Crow- Dr. Lairmore is continuing his career with nual banquet. The UNM prides itself, for good ley was named President/CEO of the Greater the School of Veterinary Medicine as a distin- reason, on its museum artifacts, library, and Hernando County Chamber of Commerce. guished professor in the Department of Pa- archives, which highlight Ukraine’s history, its Throughout her years of service with the thology, Microbiology, and Immunology. How- ongoing fight for freedom and democracy, and Chamber, she formed strong partnerships with ever, it is clear that his legacy as Dean will the rich culture and contributions made by local leaders and business organizations to continue to shape the school and its students Ukrainian Americans and Americans of strengthen the county’s business environment and faculty for years to come. On behalf of the Ukrainian heritage, both to Chicago’s cultural to enable business development and pros- people of California’s 3rd Congressional Dis- tapestry and to that of the United States. perity throughout Hernando County. trict, I offer my sincere gratitude for his dedi- Each one of the four waves of immigration from Ukraine, as well as the generations of Ms. Crowley has been a dedicated servant cated service and best wishes upon his future endeavors and accomplishments. American Ukrainians who have followed, have to people of Hernando County throughout her brought with it a wealth of literary, music, artis- f career. She has served in several organiza- tic, and cultural artifacts, historical tions including the United Way of Hernando CELEBRATING THE LIFE OF testimonials, relics, scientific patents, personal County, Kiwanis Club of Brooksville, and Oak GENRE VINCENT PECORA keepsakes and reminders, all of which speak Hill Hospital Board. to the importance of Ukrainian heritage and I am honored to recognize Patricia Crowley HON. GUY RESCHENTHALER the personal and professional accomplish- and thank her for her hard work and countless OF PENNSYLVANIA ments of American Ukrainians across our contributions to the Hernando County commu- IN THE HOUSE OF REPRESENTATIVES country. nity. Her commitment to excellence, leadership Themselves a part of the third wave of and service is to be admired, and may it in- Wednesday, September 30, 2020 Ukrainian immigrants to the United States, spire others to follow in her footsteps. My sin- Mr. RESCHENTHALER. Madam Speaker, I Olexa Hankewych, Julian Kamenetsky and cerest wishes and congratulations to Pat on rise to celebrate the life of Genre Vincent Orest Horodysky, founded the Ukrainian Li- her retirement. Pecora who sadly passed away in his North brary and Archival Center in 1952 in order to

VerDate Sep 11 2014 14:28 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A30SE8.017 E30SEPT1 SSpencer on DSK126QN23PROD with REMARKS E904 CONGRESSIONAL RECORD — Extensions of Remarks September 30, 2020 preserve books and other documents at risk of McRae, Dean William Dimmick and other reli- HONORING DAVID KENT destruction in Ukraine. Shortly after the estab- gious leaders, Father Vieron confronted Mayor FRUECHTENICHT lishment of the Library and Archival Center, a Henry Loeb the day after the assassination, call went out to the Ukrainian community, which helped bring the strike to an end and HON. SAM GRAVES which enthusiastically responded. Several helped bind Memphis together during that time OF MISSOURI years later the Library and Archival Center of crisis for our city. A native of New Orleans IN THE HOUSE OF REPRESENTATIVES grew into the Ukrainian National Museum of and the son of Greek immigrants, he grew up Wednesday, September 30, 2020 Chicago, fully funded by community donations. across the street from America’s first Greek While some artifacts in the Museum’s bur- Orthodox Church. Father Vieron came to Mr. GRAVES of Missouri. Madam Speaker, geoning collection were purchased in Ukraine, Memphis to become pastor of Annunciation I proudly pause to recognize David Kent others were donated by Ukrainian American Church in 1955 after attending seminary in Fruechtenicht. David is a very special hus- collectors and artists, as well as from personal Brookline, Massachusetts, and served as a band, father, and leader who is proudly retiring libraries and individuals throughout the com- from a career of service to this country. priest in Louisville, Kentucky, and Huntington, munity, in Chicago and beyond. Over 100,000 David Fruechtenicht has dedicated over 41 West Virginia. In Huntington, he received a Ukrainian Americans live in Chicago, and I am years to protect this nation. After joining the proud that the Museum has its roots in our master’s degree from Marshall College. In Air Force in 1980, David quickly realized that great city. Memphis, he received a J.D. from the Univer- he enjoyed serving his country, as he says he The Ukrainian National Museum of Chicago sity of Memphis School of Law in 1970. He re- just kept reenlisting and next thing he knew 20 too has much to be proud of, due to the hard tired from Annunciation in 1991 but stayed years had flown by. After leaving active duty, work of its staff, board of directors, and offi- busy. For decades, Father Vieron taught a 15- David used his expertise with Electronic Intel- cers. Unfortunately, only two of its past presi- week course in the Greek language to all ligence to move over into DOD defense con- dents remain with us—Dr. George Hrycelak comers, telling students that there would be tract work but still found his way back to the and Jaroslaw Hankewych, son of the Muse- no tests but that they were required to endure Air Force by April of 2007. Whether it be ac- um’s founder, Olexa Hankewych. Today, his corny jokes. My favorite: There are three tive duty, consultant, or Air Force Civilian, under the leadership of Lydia Tkaczuk, the stages in life—young, middle aged, and David has continuously found a way to serve Museum’s first female president, the UNM ‘‘you’re looking good.’’ For 40 years, he his nation. As David says he wouldn’t change continues its work in one of Chicago’s most served as chaplain to the Memphis Touch- anything that he has done and ultimately that historic neighborhoods, Ukrainian Village. down Club. He also served as editor of The shows the true love and pride that David has More than just engaging visitors and adding to Epistle, a newsletter for retired Orthodox for this country and I wish him well in retire- their understanding of Chicago’s rich and di- priests. In 2015, he received the MLK Legacy ment. verse communities, it also serves as a window Award from the National Civil Rights Museum. Madam Speaker, I proudly ask you to join to Ukraine, its history, and its people. His wife of 69 years, Bess, passed in 2017. I me in recognizing David Fruechtenicht on his The Museum’s diverse collection of folk-art, want to express my condolences to his sons, retirement and for his years serving our na- fine art, tapestry, traditional dress and artifacts Leonidas and Paul, his four grandchildren and tion. l am honored to represent him in the help to illuminate the societal impact American United States Congress. Ukrainians have had on Chicago and across five great-grandchildren, the entire Annun- the United States. Its permanent exhibitions ciation Greek Orthodox community, and his f many friends and admirers. Father Vieron led educate visitors on the history, heritage, poli- AMERICAN COMPETITIVENESS OF an exceptional life of service and he will not tics, culture and religions of Ukraine and the A MORE PRODUCTIVE EMERGING be forgotten. broader Ukrainian American community, in- TECH ECONOMY ACT cluding exhibits on the Kozak period, Ukraine’s role in the World Wars and impor- f SPEECH OF tantly, the Holodomor, the forced famine-genocide of 10 million Ukrainians by Stalin across COMMENDING WESLEY YUEN FOR HON. ROBERT E. LATTA 1932 and 1933. HIS HELP FINDING SOLUTIONS OF OHIO Madam Speaker, the Ukrainian National Mu- FOR SPACECRAFT SANITIZATION IN THE HOUSE OF REPRESENTATIVES seum is a place where visitors feel welcomed Tuesday, September 29, 2020 and engaged. It serves as a pillar of knowledge and culture for the Ukrainian community, HON. PETE OLSON Mr. LATTA. Madam Speaker, I rise in support of the American COMPETE Act. This for individuals of every background who call OF TEXAS our city home, and for all the universities and package of bills includes two of my own—the students, artists, and authors throughout the IN THE HOUSE OF REPRESENTATIVES SMART IoT Act and the Advancing Unmanned Delivery Services Act. world who have benefited from work in its ar- Wednesday, September 30, 2020 chives. The City of Chicago is lucky to house The SMART IoT Act would encourage the such an institution, and it is my privilege today Mr. OLSON. Madam Speaker, I rise today development of future Internet of Things policies that will promote innovation and help to recognize the Ukrainian National Museum to commend Wesley Yuen, a junior at these technologies grow to further benefit con- here in Congress. Clements High School from my hometown of sumers and businesses alike. It is crucial we f Sugar Land, who has helped us combat the have the right federal policies in place to bol- REMEMBERING FATHER NICHOLAS spread of COVID–19 in space. ster this industry that has dramatically VIERON This summer, Wesley was selected to at- changed the way we live, manufacture goods, tend NASA’s Student Enhancement in Earth farm, and even receive health care through HON. STEVE COHEN and Space Science internship for two months internet-connected devices. OF TENNESSEE at the University of Texas, Austin. He was one I also introduced the Advancing Unmanned IN THE HOUSE OF REPRESENTATIVES of around 60 high school students selected Delivery Services Act with my friend from Michigan, Mrs. Dingell. This legislation would Wednesday, September 30, 2020 from a pool of 600 applicants. Wesley and his team successfully researched how to stop the evaluate the many benefits contactless deliv- Mr. COHEN. Madam Speaker, I rise to pay spread of coronavirus between astronauts ery has for various sectors of our country and tribute to Father Nicholas Vieron, the much going between Earth and the ISS using the help identify potential regulatory roadblocks to admired retired pastor of Annunciation Greek few materials they have. This valuable work the use of their services. This technology is Orthodox Church in Memphis, who passed will help set the rules for safe space explo- especially important today as Americans de- away Tuesday morning at the age of 94. Fa- pend on home delivery services to remain so- ration for decades to come. ther Vieron was a revered ecumenical leader cially distant to mitigate the spread of the in Memphis, serving as Chairman of the Mem- On behalf of the Twenty-Second Congres- coronavirus. phis Ministerial Association at the time of the sional District of Texas and America, I thank I urge my colleagues to vote in support of 1968 Memphis Sanitation Workers Strike and Wesley for his hard work. He has a bright fu- the American COMPETE Act to ensure the the assassination of Dr. Martin Luther King, Jr. ture ahead, and I wish him the best of luck in United States remains a global leader in inno- With Rabbi James Wax, the Reverend Frank his future endeavors. vation.

VerDate Sep 11 2014 14:28 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A30SE8.021 E30SEPT1 SSpencer on DSK126QN23PROD with REMARKS September 30, 2020 CONGRESSIONAL RECORD — Extensions of Remarks E905 PERSONAL EXPLANATION ships with each other is a story itself; but, I Hank, my husband and an Eastside guy, believe, might also offer a way to carry many leaves town and our raucous group takes over HON. TED BUDD of us through this tumultuous time of eco- the house. We all talk at once. There is laugh- OF NORTH CAROLINA nomic upheaval, tragic illness and death, and ter (someone suggested we should be called IN THE HOUSE OF REPRESENTATIVES riots in our streets where we have lived the ‘The Eastside Cacklers’) and there are peacefully all these years. tears.’’ Wednesday, September 30, 2020 Their belief in each other has allowed them Key’s little sister Nancy Stevens Klein is the Mr. BUDD. Madam Speaker, I missed this to love and share tragedies and disappoint- only one allowed outside our class and she vote because I had to take a personal family ments. Their lifetime of friendships and memo- adds. ‘‘I’m honored to be included in this won- call. ries help them to remember to laugh and derful group of women who support and in- Had I been present, I would have voted make time together. spire each other and in doing so make each YEA on Roll Call No. 201. Melany Burton Davis remembers what she one of us stronger. I wouldn’t miss seeing f recalls as one of the scariest days of her life them every year for anything.’’ at age 10, when she had to go to a new ele- Laughter is the most important part of this 100TH ANNIVERSARY OF THE mentary school. ‘‘Little did I know that the pre- long friendship. Talana Hadsell Wier says, ALPHA PHI ALPHA FRATERNITY, cious girls I met that day were going to be life- ‘‘My very best memories are of the laughter INCORPORATED-ETA LAMBDA long friends. Each of them made me feel not we always shared with whatever we did. Slid- CHAPTER just accepted but valued and loved.’’ ing down the stairs at Melany’s house, pep She goes on to say, ‘‘Even when we all rallies at Eastern Hills High School, talking HON. DAVID SCOTT went our separate ways for decades, when- about our boyfriends. And now making it OF GEORGIA ever we got together I had the same feelings through the good and tough times of mar- IN THE HOUSE OF REPRESENTATIVES of being valued and loved. These beautiful riages and raising families. And then being girls always bring joy to my heart, and I am able to once again come back to our fun times Wednesday, September 30, 2020 blessed to have them in my life.’’ of memories together.’’ Mr. DAVID SCOTT of Georgia. Madam They are often asked, ‘‘How do they do Jaynie Lewis Shaffer says, ‘‘We are each Speaker, I rise today to recognize the Alpha that?’’ unique and different yet the same because of Phi Alpha Fraternity, Incorporated-Eta Lambda Jackie Nantz Kelly, one of the women, an- our shared heritage. It is wonderful to be with Chapter, on their 100th Anniversary. swered, ‘‘Where to start? How do you de- people who knew me then. I don’t have to ex- Alpha Phi Alpha Fraternity, Inc., the first scribe a 70-year friendship? plain anything to them. Like a beautiful grand inter-collegiate Greek letter fraternity estab- We started in two different elementary piano with individuals key that emit a beautiful lished for Black college students, was founded schools that merged into the same junior high tone and perhaps at times may need fine tun- at Cornell University in Ithaca, New York, in school where it all began. We grew closer in ing, we make lovely music and come to- 1906. In a period of one hundred fourteen high school, but went our separate ways in gether.’’ Jaynie spent 30 years at IBM to pre- years, Alpha Phi Alpha Fraternity, Inc. grew college. We married, had children, some di- pare herself for the most important job—tech- from one undergraduate group of seven mem- vorced and had struggles of single parent nical support for the Eastside Girls. bers to an international organization with an hood, but we survived and all of us raised Priscilla Willis Coleman was the cutest, active membership of more than one hundred beautiful children. We are all not the same re- most popular and funniest of the ‘‘Girls.’’ She fifty thousand. The national organization is ligion, but believe in God and we love our never misses the August Austin slumber party now the central organization to many subordi- country’’ and is the most talkative and gets funnier nate chapters. In 1987, 26 years after we graduated high every year. She added that it is important The Eta Lambda Chapter of Alpha Phi school, we decided it was time for a reunion. where we have that Austin soiree. ‘‘It is in the Alpha Fraternity, Inc. was founded in Atlanta, We remembered our best times were slumber hills of Austin so we don’t disturb anyone, and chartering on May 19, 1920. As the First parties so that’s what we did, Dana Gant Tate believe me, a group of women who haven’t Alumni Chapter, and one of the most accom- sent the invitation and commanded for all of been together all year, all talking at the same plished in the Southern Region (Georgia, us, ‘‘Sleeping bags, pillows and baby doll pa- time, accompanied by a few margaritas and North Carolina, South Carolina, Florida, Ten- jamas or you don’t come!’’ glasses of wine—this can become quite loud.’’ nessee, Alabama, and Mississippi) I am hon- We had a great time and decided we had to During the year we keep in touch by phone. ored to highlight the rich history and signifi- do a better job of keeping in touch, and we And we text. And Priscilla says she imagines cance of my beloved fraternity in Atlanta. did. we will continue until we can’t drive anymore For one hundred years, the Eta Lambda We began to travel. and we will take an Uber or a van. But she Chapter of Alpha Phi Alpha Fraternity, Inc. has Tricia Walker Christensen was our historian continues, ‘‘I really love these women. We been intertwined in the fabric of the City of At- forth is outing and in her words, ‘‘In 2010 we would do anything in our power to help each lanta; from Hartsfield-Jackson International had a great opportunity to celebrate and travel other. We are happy together, sad together, Airport to Andrew Young International Boule- when we joined 60 passengers to birth the and we pray for each other. We share a com- vard and the Martin Luther King, Jr. Center, USS Fort Worth at Mariette Marine Corpora- mon bond that knits out lives together. just to name a few. Notable Alpha Brothers tion. One of our Eastside Girls was KAY We are all in our 70’s now, but we will al- have served as leaders in all levels of govern- MULLENDORE GRANGER and she was the spon- ways be the Eastside Girls.’’ ment, business, education, and civic affairs. sor of the ship. We watched as she stood with f I am a proud member of this prestigious or- her grandsons and smashed a bottle of cham- ganization, which was founded on the pre- pagne against the bow of the ship. We were HONORING THE LIFE AND SERVICE cepts of many deeds, scholarship, and love for proud and excited. We were also holding our OF VIRGIL SIMON LOONSFOOT all mankind. breath hoping that the hit would be successful. ‘‘RED CLOUD’’ Madam Speaker, please join me in recog- KAY was never athletic, so it wasn’t a sure nizing the historic significance of the centen- thing she could do this.’’ HON. JACK BERGMAN nial anniversary of Alpha Phi Alpha Fraternity, We gathered together for parties and get OF MICHIGAN Incorporated-Eta Lambda Chapter. togethers that others hosted and at some IN THE HOUSE OF REPRESENTATIVES f point someone suggested we needed a name. Many of us still lived in the part of Fort Worth Wednesday, September 30, 2020 THE EASTSIDE GIRLS where we had all that fun, so we named our- Mr. BERGMAN. Madam Speaker, It is my selves ‘‘The Eastside Girls’’ for the area we honor to recognize the life of Virgil Simon HON. KAY GRANGER grew up in and that is the name we have used Loonsfoot ‘‘Red Cloud’’, who passed away at OF TEXAS for 23 years. the age of 80 after a lifetime of service to his IN THE HOUSE OF REPRESENTATIVES The slumber parties were a thing of the past fellow Americans. Through his extreme cour- until 2001 when Key Stevens Richardson in- age and selflessness, Virgil became an indis- Wednesday, September 30, 2020 vited us to her house in Austin. As Key puts pensable part of the state of Michigan. Ms. GRANGER. Madam Speaker, I rise it, ‘‘After years apart and attempts to get to- Virgil was born on August 17, 1940 in today to offer a tribute to 15 remarkable gether, we began the tradition of reuniting for L’Anse, Michigan. Following his education, Vir- women who through their 65 year relation- an annual memorable weekend a tour house. gil served in the U.S. Army during the Vietnam

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His joys in life included fishing, Donald Trump and Senate Republicans of hy- pocrisy and unfairness. surgery Institute (NNNI), located in my district watching football, enjoying the outdoors, KBIC ‘‘First, let’s look at the constitutional per- in Spring Lake, New Jersey. NNNI’s pediatrics Community Pow Wows, and serving those in spective. In the case of nominating and con- division plays a critical role in addressing the his community through Veterans organizations firming a United States Supreme Court jus- needs of thousands of children with hydro- and Toys for Tots. tice, the rules are simple. Article II, Section cephalus in New Jersey and across the coun- Virgil passed away on September 25, 2020. 2 of the United States Constitution says that the president ‘. . . shall nominate, and by try. Nationwide, over 400,000 babies a year He is missed dearly by his family and friends, are born with hydrocephalus. and his legacy will undoubtedly live on for and with the advice and consent of the Sen- generations for come. Virgil’s tireless devotion ate, shall appoint . . . judges of the Supreme Through their compassion, skills, and critical Court.’ to the public good touched the lives of count- expertise dedicated medical professionals ‘‘A president has not just the right but a such as those at NNNI save lives every day. less Michiganders, and the impact of his life duty to appoint a person to the Supreme cannot be overstated. Visitation for Virgil will Court so long as that appointment is accom- United States citizens are not alone in their be held on October 1, and his funeral service panied with the advice and consent of the struggles with this condition. Unfortunately, the will be held thereafter with traditional service Senate. global situation is even worse, which is why with drums, committal prayers, and Baraga ‘‘Second, as to the historical perspective, I’ve introduced the Global Brain Health Act, County Area Veterans providing military rites. these actions are neither shocking nor un- which adds hydrocephalus to the Foreign As- Madam Speaker, on behalf of Michigan’s precedented. As Dan McLaughlin of the Na- tional Review, Sen. Ted Cruz, R–Texas, and sistance Act of 1961. This approach would en- First Congressional District, I ask you to join others have pointed out, there have been 44 sure more robust foreign assistance for treat- me in honoring the life of Virgil Simon presidents, and 22 of them have had 29 vacan- ing those infants and children in developing Loonsfoot ‘‘Red Cloud’’. His legacy will forever cies to fill in their last year in office. countries with hydrocephalus and other brain live on in his family and through the countless ‘‘Regardless of how you feel politically health-related conditions. It also fosters study lives he bettered through his life and service. about filling this vacancy, history and the in treatment protocols that can be shared here f Constitution support Trump and the Repub- at home. lican Senate. The Senate needs to move for- HONORING DYLAN MONTGOMERY ward and fill this seat now.’’ It’s essential for Members of Congress to EVANS In conclusion, God Bless our Troops, and better understand this condition and its pro- we will never forget September 11th in the found impact on the people we represent. I HON. SAM GRAVES Global War on Terrorism. urge my colleagues to join the bipartisan Con- gressional Adult and Pediatric Hydrocephalus OF MISSOURI f Caucus. As a member you will not only help IN THE HOUSE OF REPRESENTATIVES HONORING HYDROCEPHALUS raise awareness but may also play a role in Wednesday, September 30, 2020 AWARENESS MONTH creating public policies that lead to better Mr. GRAVES of Missouri. Madam Speaker, treatments and hopefully a cure. I proudly pause to recognize Dylan Mont- HON. CHRISTOPHER H. SMITH gomery Evans. Dylan is a very special young OF NEW JERSEY f man who has exemplified the finest qualities IN THE HOUSE OF REPRESENTATIVES of citizenship and leadership by taking an ac- SENATE COMMITTEE MEETINGS Wednesday, September 30, 2020 tive part in the Boy Scouts of America, Troop 115, and earning the most prestigious award Mr. SMITH of New Jersey. Madam Speaker, Title IV of Senate Resolution 4, of Eagle Scout. each year in September, designated as Hydro- agreed to by the Senate of February 4, Dylan has been very active with his troop, cephalus Awareness Month, hydrocephalus 1977, calls for establishment of a sys- participating in many scout activities. Over the patients, caregivers, and other supporters tem for a computerized schedule of all many years Dylan has been involved with across the country work together to raise meetings and hearings of Senate com- scouting, he has not only earned numerous awareness of the impact and prevalence of mittees, subcommittees, joint commit- merit badges, but also the respect of his fam- hydrocephalus and urge public and medical tees, and committees of conference. ily, peers, and community. Most notably, Dylan officials to garner more resources to improve This title requires all such committees has Firebuilder in the Tribe of Mic-O-Say. treatment protocols and one day find a cure. to notify the Office of the Senate Daily Dylan has also contributed to his community As we all know, COVID–19 and its inherent Digest—designated by the Rules Com- through his Eagle Scout project. Dylan con- social distancing requirements have limited mittee—of the time, place and purpose structed two signs that can be removed and many public awareness activities, but this past of the meetings, when scheduled and replaced as needed for Wesley United Meth- month members of the Hydrocephalus Asso- any cancellations or changes in the odist Church in St. Joseph, Missouri. ciation and the Pediatric Hydrocephalus Foun- meetings as they occur. Madam Speaker, I proudly ask you to join dation, and other active supporters, adjusted As an additional procedure along me in commending Dylan Montgomery Evans and relied on social media and other venues with the computerization of this infor- for his accomplishments with the Boy Scouts to share statistics, brochures and personal mation, the Office of the Senate Daily of America and for his efforts put forth in stories to enhance awareness of this condi- Digest will prepare this information for achieving the highest distinction of Eagle tion. printing in the Extensions of Remarks Scout. As the co-chair of the Congressional Pedi- section of the CONGRESSIONAL RECORD f atric and Adult Hydrocephalus Caucus, I call on Monday and Wednesday of each on all my colleagues in the House to take the week. SUPREME COURT REPLACEMENT time and learn more about hydrocephalus so we can better assist our constituents and their Meetings scheduled for Thursday, Oc- family members who live with challenges of tober 1, 2020 may be found in the Daily HON. JOE WILSON Digest of today’s RECORD. OF SOUTH CAROLINA hydrocephalus every day. IN THE HOUSE OF REPRESENTATIVES Hydrocephalus is colloquially known as ‘‘water on the brain.’’ In truth, the condition is MEETINGS SCHEDULED Wednesday, September 30, 2020 caused by an abnormal build-up of cerebro- OCTOBER 6 Mr. WILSON of South Carolina. Madam spinal fluid and can be treated only by sur- 10 a.m. Speaker, last week, South Carolina Attorney gically implanting a drainage shunt in the Committee on the Judiciary General Alan Wilson who, when first elected in brain. Everyone, from babies to the elderly, To hold an oversight hearing to examine 2010, was America’s youngest Attorney Gen- can develop hydrocephalus. While some the Crossfire Hurricane investigation. eral, explained to Newsmax with John Gizzi, cases are congenital, many cases are caused SD–106

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HIGHLIGHTS Senate passed H.R. 8337, Continuing Appropriations Act and Other Ex- tensions Act. Senate Rejected: Chamber Action McConnell Amendment No. 2663, to change the Routine Proceedings, pages S5899–S6007 enactment date. (Senate tabled the amendment.) Measures Introduced: Nineteen bills and sixteen Page S5923 resolutions were introduced, as follows: S. During consideration of this measure today, Senate 4759–4777, S. Res. 727–741, and S. Con. Res. 48. also took the following action: Pages S5948–50 McConnell Amendment No. 2664, of a perfecting Measures Reported: nature, fell when McConnell Amendment No. 2663 was tabled. Page S5923 S. 2730, to establish and ensure an inclusive transparent Drone Advisory Committee, with an National Small Business Week: Senate agreed to amendment in the nature of a substitute. (S. Rept. S. Res. 730, supporting the designation of the week No. 116–272) beginning September 20, 2020, as ‘‘National Small S. 2981, to reauthorize and amend the National Business Week’’ and commending the entrepre- Oceanic and Atmospheric Administration Commis- neurial spirit of the small business owners of the sioned Officer Corps Act of 2002, with an amend- United States and their impact on their commu- ment. (S. Rept. No. 116–273) Page S5948 nities. Page S5983 Measures Passed: Lights On Afterschool: Senate agreed to S. Res. 731, supporting Lights On Afterschool, a national Intercountry Adoption Information Act: Com- celebration of afterschool programs held on October mittee on Foreign Relations was discharged from 22, 2020. Page S5983 further consideration of H.R. 1952, to amend the Intercountry Adoption Act of 2000 to require the National Bison Day: Senate agreed to S. Res. Secretary of State to report on intercountry adoptions 732, designating November 7, 2020, as ‘‘National from countries which have significantly reduced Bison Day’’. Pages S5983–84 adoption rates involving immigration to the United Preservation Society of Charleston Centennial: States, and the bill was then passed. Page S5918 Senate agreed to S. Res. 733, recognizing 2020 as Senator Kay Hagan Airport Traffic Control the centennial of the Preservation Society of Charles- Tower: Senate passed S. 4762, to designate the air- ton. Page S5984 port traffic control tower located at Piedmont Triad National Falls Prevention Awareness Week: International Airport in Greensboro, North Carolina, Senate agreed to S. Res. 734, designating the week as the ‘‘Senator Kay Hagan Airport Traffic Control of September 21 through September 25, 2020, as Tower’’. Pages S5918–23 ‘‘National Falls Prevention Awareness Week’’ to raise Continuing Appropriations Act and Other Ex- awareness and encourage the prevention of falls tensions Act: By 84 yeas to 10 nays (Vote No. 197), among older adults. Pages S5984–85 Senate passed H.R. 8337, making continuing appro- National Urban Wildlife Refuge Day: Senate priations for fiscal year 2021, after taking action on agreed to S. Res. 735, designating September 29, the following amendments proposed thereto: 2020, as ‘‘National Urban Wildlife Refuge Day’’. Pages S5902–06, S5906–18, S5923 Page S5985 D878

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Res. 738, recognizing suicide as a seri- to amend the Nutria Eradication and Control Act of ous public health problem and expressing support 2003 to include California in the program, and the for the designation of September as ‘‘National Sui- bill was then passed. Page S6000 cide Prevention Month’’. Page S5986 Nutria Eradication and Control Act of 2003: National Family Service Learning Week: Senate Committee on Environment and Public Works was agreed to S. Res. 739, expressing support for the discharged from further consideration of S. 4403, to designation of the week of September 21 through amend the Nutria Eradication and Control Act of September 25, 2020, as ‘‘National Family Service 2003 to include California in the program, and the Learning Week’’. Page S5986 bill was then passed. Page S6001 Energy Efficiency Day: Senate agreed to S. Res. Extension of the Caribbean Basin Economic Re- 740, designating October 7, 2020, as ‘‘Energy Effi- covery Act: Committee on Finance was discharged ciency Day’’ in celebration of the economic and envi- from further consideration of H.R. 991, to extend ronmental benefits that have been driven by private certain provisions of the Caribbean Basin Economic sector innovation and Federal energy efficiency poli- Recovery Act until September 30, 2030, and the bill cies. Pages S5986–87 was then passed. Page S6001 Nuclear weapons program workers remembrance Protecting Business Opportunities for Veterans day: Senate agreed to S. Res. 741, designating Octo- Act: Committee on Veterans’ Affairs was discharged ber 30, 2020, as a national day of remembrance for from further consideration of H.R. 561, to amend the workers of the nuclear weapons program of the title 38, United States Code, to improve the over- United States. Page S5987 sight of contracts awarded by the Secretary of Vet- Honoring Coya Knutson: Committee on the Judi- erans Affairs to small business concerns owned and ciary was discharged from further consideration of S. controlled by veterans, and the bill was then passed. Res. 687, honoring the life and legacy of Coya Pages S6001–02 Knutson, and the resolution was then agreed to. Ensuring Health Safety in the Skies Act: Senate Page S5998 passed S. 3681, to require a joint task force on air Chief petty officers 100 years of service: Com- travel during and after the COVID–19 Public mittee on Commerce, Science, and Transportation Health Emergency, after withdrawing the committee was discharged from further consideration of S. Res. amendment in the nature of a substitute, and agree- 694, recognizing 100 years of service by chief petty ing to the following amendment proposed thereto: officers in the United States Coast Guard, and the Pages S6002–03 resolution was then agreed to. Pages S5998–99 Portman (for Markey) Amendment No. 2677, in the nature of a substitute. Page S6003 National Sea Grant College Program Amend- ments Act: Senate passed S. 910, to reauthorize and House Messages: amend the National Sea Grant College Program Act, Uyghur Human Rights Policy Act: Senate re- after withdrawing the committee amendment in the sumed consideration of the amendment of the House nature of a substitute, and agreeing to the following of Representatives to S. 178, to condemn gross amendment proposed thereto: Pages S5999–S6000 human rights violations of ethnic Turkic Muslims in Portman (for Wicker) Amendment No. 2674, in Xinjiang, and calling for an end to arbitrary deten- the nature of a substitute. Page S6000 tion, torture, and harassment of these communities Digital Coast Act: Senate passed S. 1069, to re- inside and outside China, taking action on the fol- quire the Secretary of Commerce, acting through the lowing motion and amendment proposed thereto: Administrator of the National Oceanic and Atmos- Page S5923 pheric Administration, to establish a constituent- Pending: driven program to provide a digital information McConnell motion to concur in the amendment of platform capable of efficiently integrating coastal the House of Representatives to the bill, with

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Page S5924 During consideration of this measure today, Senate A motion was entered to close further debate on also took the following action: the nomination, and, in accordance with the provi- By 48 yeas to 46 nays (Vote No. 198), Senate sions of Rule XXII of the Standing Rules of the agreed to the motion to proceed to consideration of Senate, a vote on cloture will occur upon disposition the amendment of the House of Representatives to of the nomination of Toby Crouse, of Kansas, to be S. 178 (listed above). Page S5923 United States District Judge for the District of Kan- Message from the President: Senate received the sas. Page S5924 following message from the President of the United Prior to the consideration of this nomination, Sen- States: ate took the following action: Transmitting, pursuant to law, a report relative to Senate agreed to the motion to proceed to Legisla- the issuance of an Executive Order declaring a native Session. Page S5924 tional emergency to deal with the threat posed by Senate agreed to the motion to proceed to Execu- our Nation’s undue reliance on critical minerals, in tive Session to consider the nomination. Page S5924 processed or unprocessed form, from foreign adver- Knepp II Nomination—Cloture: Senate began saries; which was referred to the Committee on En- consideration of the nomination of James Ray Knepp ergy and Natural Resources. (PM–59) Pages S5945–46 II, of Ohio, to be United States District Judge for Cannon Nomination—Cloture: Senate began con- the Northern District of Ohio. Pages S5924–25 sideration of the nomination of Aileen Mercedes A motion was entered to close further debate on Cannon, of Florida, to be United States District the nomination, and, in accordance with the provi- Judge for the Southern District of Florida. sions of Rule XXII of the Standing Rules of the Page S5924 Senate, a vote on cloture will occur upon disposition A motion was entered to close further debate on of the nomination of J. Philip Calabrese, of Ohio, to the nomination, and, in accordance with the provi- be United States District Judge for the Northern sions of Rule XXII of the Standing Rules of the District of Ohio. Page S5925 Senate, a vote on cloture will occur upon disposition Prior to the consideration of this nomination, Sen- of S. 4653, to protect the healthcare of hundreds of ate took the following action: millions of people of the United States and prevent Senate agreed to the motion to proceed to Legisla- efforts of the Department of Justice to advocate tive Session. Page S5925 courts to strike down the Patient Protection and Af- Senate agreed to the motion to proceed to Execu- fordable Care Act. Page S5924 tive Session to consider the nomination. Page S5925 Prior to the consideration of this nomination, Sen- Newman Nomination—Cloture: Senate began con- ate took the following action: sideration of the nomination of Michael Jay New- Senate agreed to the motion to proceed to Execu- man, of Ohio, to be United States District Judge for tive Session to consider the nomination. Page S5924 the Southern District of Ohio. Pages S5925–31 Crouse Nomination—Cloture: Senate began con- A motion was entered to close further debate on sideration of the nomination of Toby Crouse, of the nomination, and, in accordance with the provi- Kansas, to be United States District Judge for the sions of Rule XXII of the Standing Rules of the District of Kansas. Page S5924 Senate, a vote on cloture will occur upon disposition A motion was entered to close further debate on of the nomination of James Ray Knepp II, of Ohio, the nomination, and, in accordance with the provi- to be United States District Judge for the Northern sions of Rule XXII of the Standing Rules of the District of Ohio. Page S5925 Senate, a vote on cloture will occur upon disposition Prior to the consideration of this nomination, Sen- of the nomination of Aileen Mercedes Cannon, of ate took the following action: Florida, to be United States District Judge for the Senate agreed to the motion to proceed to Legisla- Southern District of Florida. Page S5924 tive Session. Page S5925 Prior to the consideration of this nomination, Sen- Senate agreed to the motion to proceed to Execu- ate took the following action: tive Session to consider the nomination. Page S5925

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A unanimous-consent agreement was reached pro- Additional Statements: Pages S5944–45 viding for further consideration of the nomination at Amendments Submitted: Pages S5987–98 approximately 12:00 noon, on Thursday, October 1, Page S5998 2020. Page S6003 Authorities for Committees to Meet: Nominations Confirmed: Senate confirmed the fol- Record Votes: Three record votes were taken today. lowing nominations: (Total—199) Pages S5923–24 2 Air Force nominations in the rank of general. Adjournment: Senate convened at 12 noon and ad- 6 Army nominations in the rank of general. journed at 8:39 p.m., until 12 noon on Thursday, 1 Marine Corps nomination in the rank of general. October 1, 2020. (For Senate’s program, see the re- 1 Navy nomination in the rank of admiral. marks of the Acting Majority Leader in today’s 2 Space Force nominations in the rank of general. Record on page S6004.) Routine lists in the Air Force, Army, Marine Corps, Navy, and Space Force. Pages S6006–07 Committee Meetings Nominations Received: Senate received the following nominations: (Committees not listed did not meet) Brian S. Davis, of North Carolina, to be an Assist- ant Secretary of Defense. NASA 33 Army nominations in the rank of general. Committee on Commerce, Science, and Transportation: 5 Coast Guard nominations in the rank of admi- Committee concluded a hearing to examine NASA ral. missions and programs, focusing on update and fu- 2 Space Force nominations in the rank of general. ture plans, after receiving testimony from James Routine lists in the Air Force, Army, Coast Bridenstine, Administrator, National Aeronautics Guard, and Navy. Pages S6004–06 and Space Administration. Messages from the House: Page S5946 BUSINESS MEETING Measures Referred: Pages S5946–47 Committee on Homeland Security and Governmental Af- Measures Placed on the Calendar: Page S5947 fairs: Committee ordered favorably reported the Measures Read the First Time: Pages S5947, S6003 nomination of Chad F. Wolf, of Virginia, to be Sec- retary of Homeland Security. Enrolled Bills Presented: Page S5947 Executive Communications: Pages S5947–48 CROSSFIRE HURRICANE OVERSIGHT Executive Reports of Committees: Page S5948 Committee on the Judiciary: Committee concluded an oversight hearing to examine the Crossfire Hurricane Additional Cosponsors: Pages S5950–52 Investigation, after receiving testimony from James Statements on Introduced Bills/Resolutions: Comey, former Director of the Federal Bureau of In- Pages S5952–81 vestigation, Department of Justice. h House of Representatives under the North American Wetlands Conservation Chamber Action Act through fiscal year 2024 (H. Rept. 116–556). Public Bills and Resolutions Introduced: 27 pub- Pages H5090–97 lic bills, H.R. 8443–8469; and 4 resolutions, H. Speaker: Read a letter from the Speaker wherein she Res. 1160–1163, were introduced. Pages H5104–05 appointed Representative Cuellar to act as Speaker Additional Cosponsors: Pages H5106–07 pro tempore for today. Page H5057 Report Filed: A report was filed today as follows: Recess: The House recessed at 9:31 a.m. and recon- H. Res. 1161, providing for consideration of the vened at 11 a.m. Page H5060 Senate amendments to the bill (H.R. 925) to extend Designating the facility of the United States the authorization of appropriations for allocation to Postal Service located at 108 West Maple Street carry out approved wetlands conservation projects

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Page H5071 the facility of the United States Postal Service lo- Designating the facility of the United States cated at 108 West Maple Street in Holly, Michigan, Postal Service located at 415 North Main Street as the ‘‘Holly Veterans Memorial Post Office’’. in Henning, Tennessee as the ‘‘Paula Robinson Page H5070 and Judy Spray Memorial Post Office Building’’: Designating the facility of the United States The House agreed to discharge from committee and Postal Service located at 15 East Market Street in pass H.R. 3680, to designate the facility of the Leesburg, Virginia, as the ‘‘Norman Duncan United States Postal Service located at 415 North Post Office Building’’: The House agreed to dis- Main Street in Henning, Tennessee as the ‘‘Paula charge from committee and pass H.R. 4971, to des- Robinson and Judy Spray Memorial Post Office ignate the facility of the United States Postal Service Building’’, as amended by Representative Connolly. located at 15 East Market Street in Leesburg, Vir- Page H5071 ginia, as the ‘‘Norman Duncan Post Office Build- Agreed to amend the title so as to read: ‘‘To des- ing’’. Page H5070 ignate the facility of the United States Postal Service Designating the facility of the United States located at 415 North Main Street in Henning, Ten- Postal Service located at 115 Nicol Avenue in nessee, as the ‘Paula Croom Robinson and Judy Thomasville, Alabama, as the ‘‘Postmaster Rob- Spray Memorial Post Office Building’.’’. Page H5071 ert Ingram Sr. Post Office’’: The House agreed to Designating the facility of the United States discharge from committee and pass H.R. 5307, to Postal Service located at 123 East Sharpfish designate the facility of the United States Postal Street in Rosebud, South Dakota, as the ‘‘Ben Service located at 115 Nicol Avenue in Thomasville, Reifel Post Office Building’’: The House agreed to Alabama, as the ‘‘Postmaster Robert Ingram Sr. Post discharge from committee and pass H.R. 2454, to Office’’, as amended by Representative Connolly. designate the facility of the United States Postal Page H5070 Service located at 123 East Sharpfish Street in Rose- Agreed to amend the title so as to read: ‘‘To des- bud, South Dakota, as the ‘‘Ben Reifel Post Office ignate the facility of the United States Postal Service Building’’. Page H5071 located at 115 Nicol Avenue in Thomasville, Ala- Designating the facility of the United States bama, as the ‘Postmaster Robert Ingram Post Of- Postal Service located at 2600 Wesley Street in fice’.’’. Page H5070 Greenville, Texas, as the ‘‘Audie Murphy Post Designating the facility of the United States Office Building’’: The House agreed to discharge Postal Service located at 13308 Midland Road in from committee and pass H.R. 5988, to designate Poway, California, as the ‘‘Ray Chavez Post Of- the facility of the United States Postal Service lo- fice Building’’: The House agreed to discharge from cated at 2600 Wesley Street in Greenville, Texas, as committee and pass H.R. 3005, to designate the fa- the ‘‘Audie Murphy Post Office Building’’. cility of the United States Postal Service located at Page H5071 13308 Midland Road in Poway, California, as the Designating the facility of the United States ‘‘Ray Chavez Post Office Building’’. Page H5070 Postal Service located at 2201 E. Maple Street in Designating the facility of the United States North Canton, Ohio, as the ‘‘Lance Cpl. Stacy Postal Service located at 8585 Criterion Drive in ‘Annie’ Dryden Post Office’’: The House agreed to Colorado Springs, Colorado, as the ‘‘Chaplain discharge from committee and pass H.R. 4875, to (Capt.) Dale Goetz Memorial Post Office Build- designate the facility of the United States Postal ing’’: The House agreed to discharge from com- Service located at 2201 E. Maple Street in North mittee and pass H.R. 4725, to designate the facility Canton, Ohio, as the ‘‘Lance Cpl. Stacy ‘Annie’ Dry- of the United States Postal Service located at 8585 den Post Office’’. Page H5072 Criterion Drive in Colorado Springs, Colorado, as the Suspensions: The House agreed to suspend the rules ‘‘Chaplain (Capt.) Dale Goetz Memorial Post Office and pass the following measures: Modernization Cen- Building’’. Pages H5070–71 ters of Excellence Program Act: H.R. 5901, amend- Designating the facility of the United States ed, to establish a program to facilitate the adoption Postal Service located at 909 West Holiday Drive of modern technology by executive agencies; in Fate, Texas, as the ‘‘Ralph Hall Post Office’’: Pages H5072–73 The House agreed to discharge from committee and Chai Suthammanont Remembrance Act: H.R. pass H.R. 5987, to designate the facility of the 7340, amended, to ensure that personal protective

VerDate Sep 11 2014 15:01 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D30SE0.REC D30SEPT1 SSpencer on DSK126QN23PROD with DIGEST September 30, 2020 CONGRESSIONAL RECORD — DAILY DIGEST D883 equipment and other equipment and supplies needed Autonomous Region, by a yea-and-nay vote of 253 to fight coronavirus are provided to employees re- yeas to 163 nays, Roll No. 210. quired to return to Federal offices; Pages H5073–75 Pages H5063–70, H5088–89 COVID Preparedness, Response, and Effective Rejected the McHenry motion to recommit the Planning for Advanced Requirements by the Exec- bill to the Committee on Financial Services with in- utive Branch Act: H.R. 7496, amended, to require structions to report the same back to the House Federal agencies to submit plans for responding to forthwith with an amendment, by a yea-and-nay vote of 184 yeas to 229 nays, Roll No. 209. any resurgence of COVID–19; Pages H5075–77 Pages H5068–70, H5088 Transnational White Supremacist Extremism Pursuant to the Rule, an amendment in the na- Review Act: H.R. 5736, amended, to direct the ture of a substitute consisting of the text of Rules Under Secretary for Intelligence and Analysis of the Committee Print 116–64 shall be considered as Department of Homeland Security to develop and adopted. Page H5063 disseminate a threat assessment regarding threats to H. Res. 1129, the rule providing for consideration the United States associated with foreign violent of the bills (H.R. 4447), (H.R. 6270), and (H.R. white supremacist extremist organizations; 8319) was agreed to Wednesday, September 23rd. Pages H5077–78 Suspension—Proceedings Resumed: The House Safe Communities Act of 2020: H.R. 5780, agreed to suspend the rules and pass the following amended, to enhance stakeholder outreach to and measure. Consideration began Tuesday, September operational engagement with owners and operators of 29th. critical infrastructure and other relevant stakeholders Timely ReAuthorization of Necessary Stem-cell by the Cybersecurity and Infrastructure Security Programs Lends Access to Needed Therapies Act: Agency to bolster security against acts of terrorism H.R. 4764, amended, to reauthorize the Stem Cell and other homeland security threats, including by Therapeutic and Research Act of 2005, by a 2⁄3 yea- maintaining a clearinghouse of security guidance, and-nay vote of 414 yeas with none voting ‘‘nay’’, best practices, and other voluntary content developed Roll No. 211. Pages H5089–90 by the Agency or aggregated from trusted sources; Pages H5078–80 North American Wetlands Conservation Exten- sion Act—Rule for Consideration: The House State and Local Cybersecurity Improvement Act: agreed to H. Res. 1161, providing for consideration H.R. 5823, amended, to establish a program to of the Senate amendments to the bill (H.R. 925) to make grants to States to address cybersecurity risks extend the authorization of appropriations for alloca- and cybersecurity threats to information systems of tion to carry out approved wetlands conservation State, local, Tribal, or territorial governments; projects under the North American Wetlands Con- Pages H5080–84 servation Act through fiscal year 2024, by a yea-and- Homeland Security Acquisition Professional Ca- nay vote of 225 yeas to 188 nays, Roll No. 213, reer Program Act: H.R. 5822, amended, to amend after the previous question was ordered by a yea-and- the Homeland Security Act of 2002 to establish an nay vote of 229 yeas to 185 nays, Roll No. 212. acquisition professional career program; Pages H5090–97 Pages H5084–85 Communication from the Sergeant at Arms: The TSA Personnel Workplace Improvement Act of House received a communication from Paul D. Ir- 2020: H.R. 5811, amended, to require the Transpor- ving, Sergeant at Arms. Pursuant to section 1(b)(2) tation Security Administration to provide nursing fa- of House Resolution 965, following consultation cilities and paid parental leave for Administration with the Office of Attending Physician, Mr. Irving personnel; and Pages H5085–86 notified the House that the public health emergency due to the novel coronavirus SARS-CoV-2 remains DHS Blue Campaign Enhancement Act: H.R. in effect. Page H5097 5804, amended, to amend the Homeland Security Act of 2002 to enhance the Blue Campaign of the Announcement by the Chair: The Chair an- Department of Homeland Security. Pages H5086–88 nounced the Speaker’s further extension, pursuant to section 1(b)(2) of House Resolution 965, effective Uyghur Forced Labor Disclosure Act of 2020: October 3, 2020, of the covered period designated The House passed H.R. 6270, to amend the Securi- on May 20, 2020. Page H5097 ties Exchange Act of 1934 to require issuers to make certain disclosures relating to the Xinjiang Uyghur National Advisory Committee on Institutional Quality and Integrity—Appointment: The Chair

VerDate Sep 11 2014 15:01 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D30SE0.REC D30SEPT1 SSpencer on DSK126QN23PROD with DIGEST D884 CONGRESSIONAL RECORD — DAILY DIGEST September 30, 2020 announced the Speaker’s appointment of the fol- ‘‘Pathway to a Vaccine: Ensuring a Safe and Effective lowing individuals on the part of the House to the Vaccine People Will Trust’’. Testimony was heard National Advisory Committee on Institutional Qual- from public witnesses. ity and Integrity for a term of six years: Upon the DEMOCRATIC BACKSLIDING IN SUB- recommendation of the Minority Leader: Dr. Arthur SAHARAN AFRICA E. Keiser of Fort Lauderdale, Florida; Ms. Jennifer Blum of Washington, DC; and Mr. Robert G. Committee on Foreign Affairs: Subcommittee on Africa, Mayes, Jr. of Elberta, Alabama. Upon the rec- Global Health, Global Human Rights, and Inter- ommendation of the Majority Leader: Ms. Kathleen national Organizations held a hearing entitled Sullivan Alioto of New York, New York; Mr. Rob- ‘‘Democratic Backsliding in Sub-Saharan Africa’’. ert Shireman of Berkeley, California; and Dr. Roslyn Testimony was heard from public witnesses. Clark Artis of Columbia, South Carolina. Page H5097 EXAMINING DHS’ MANAGEMENT OF Presidential Message: Read a message from the TRUSTED TRAVELER PROGRAMS President wherein he notified Congress of the na- Committee on Homeland Security: Subcommittee on tional emergency declared in Executive Order 13817 Border Security Facilitation, and Operations held a with respect to our Nation’s undue reliance on crit- hearing entitled ‘‘Examining DHS’ Management of ical minerals, in processed or unprocessed form, from Trusted Traveler Programs’’. Testimony was heard foreign adversaries—referred to the Committee on from Robert Perez, Deputy Commissioner, U.S. Cus- Foreign Affairs and ordered to be printed (H. Doc. toms and Border Protection, Department of Home- 116–155). Page H5102 land Security. Senate Referral: S. 4762 was held at the desk. COPYRIGHT AND THE INTERNET IN 2020: Senate Message: Message received from the Senate REACTIONS TO THE COPYRIGHT OFFICE’S today appears on page H5097. REPORT ON THE EFFICACY OF 17 U.S.C. Quorum Calls—Votes: Five yea-and nay votes de- § 512 AFTER TWO DECADES veloped during the proceedings of today and appear Committee on the Judiciary: Full Committee held a on pages H5088, H5088–89, H5089–90, H5096, hearing entitled ‘‘Copyright and the Internet in and H5096–97. 2020: Reactions to the Copyright Office’s Report on Adjournment: The House met at 9 a.m. and ad- the Efficacy of 17 U.S.C. § 512 After Two Decades’’. journed at 7:51 p.m. Testimony was heard from public witnesses. MISCELLANEOUS MEASURES Committee Meetings Committee on Natural Resources: Full Committee held INDIAN COUNTRY COVID–19 RESPONSE a markup on H.R. 244, the ‘‘Advancing Conserva- AND UPDATE tion and Education Act’’; H.R. 733, the ‘‘Leech Lake Band of Ojibwe Reservation Restoration Act’’; H.R. Committee on Appropriations: Subcommittee on Inte- 970, the ‘‘Robert E. Lee Statue Removal Act’’; H.R. rior, Environment, and Related Agencies held a 1248 the ‘‘York River Wild and Scenic River Act hearing entitled ‘‘Indian Country COVID–19 Re- of 2019’’; H.R. 1964, the ‘‘Lumbee Recognition sponse and Update’’. Testimony was heard from pub- Act’’; H.R. 3225, the ‘‘Restoring Community Input lic witnesses. and Public Protections in Oil and Gas Leasing Act U.S. DEFENSE POSTURE CHANGES IN THE of 2019’’; H.R. 3651, to facilitate the use of certain EUROPEAN THEATER land in Nebraska for public outdoor recreational op- Committee on Armed Services: Full Committee held a portunities, and for other purposes; H.R. 4135, to hearing entitled ‘‘U.S. Defense Posture Changes in direct the Secretary of the Interior to remove the the European Theater’’. Testimony was heard from statue to the memory and in honor of Albert Pike James Anderson, Acting Under Secretary of Defense erected near Judiciary Square in the District of Co- for Policy, Department of Defense; and Lieutenant lumbia, and for other purposes; H.R. 4139, to pro- General David Allvin, Director for Strategy, Plans, vide for the boundary of the Palo Alto Battlefield and Policy, Joint Chiefs of Staff. National Historic Park to be adjusted, to authorize the donation of land to the United States for addi- PATHWAY TO A VACCINE: ENSURING A tion to that historic park, and for other purposes; SAFE AND EFFECTIVE VACCINE PEOPLE H.R. 4840, the ‘‘Casa Grande Ruins National Monu- WILL TRUST ment Boundary Modification Act of 2019’’; H.R. Committee on Energy and Commerce: Subcommittee on 5153, the ‘‘Indian Buffalo Management Act’’; H.R. Oversight and Investigations held a hearing entitled 5458, the ‘‘Rocky Mountain National Park Boundary

VerDate Sep 11 2014 15:01 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D30SE0.REC D30SEPT1 SSpencer on DSK126QN23PROD with DIGEST September 30, 2020 CONGRESSIONAL RECORD — DAILY DIGEST D885 Modification Act’’; H.R. 5459, the ‘‘Rocky Moun- CONDEMNING UNWANTED, tain National Park Ownership Correction Act’’; H.R. UNNECESSARY MEDICAL PROCEDURES ON 5472, the ‘‘Jimmy Carter National Historical Park INDIVIDUALS WITHOUT THEIR FULL, Redesignation Act’’; H.R. 5598, the ‘‘Boundary INFORMED CONSENT; CONDEMNING Waters Wilderness Protection and Pollution Preven- QAnon AND REJECTING THE CONSPIRACY tion Act’’; H.R. 5852, the ‘‘Weir Farm National THEORIES IT PROMOTES Historical Park Redesignation Act’’; H.R. 7098, the Committee on Rules: Full Committee held a hearing on ‘‘Saguaro National Park Boundary Expansion and H. Res. 1153, condemning unwanted, unnecessary Study Act of 2020’’; H.R. 7099, to provide for the medical procedures on individuals without their full, conveyance of a small parcel of Coconino National informed consent; and H. Res. 1154, condemning Forest land in the State of Arizona; and S. 212, the QAnon and rejecting the conspiracy theories it pro- ‘‘Indian Community Economic Enhancement Act of motes. The Committee granted, by record vote of 2019’’. H.R. 1964, H.R. 3225, H.R. 3651, H.R. 8–3, a rule providing for consideration of H. Res. 4135, H.R. 970, H.R. 4840, H.R. 5153, H.R. 1153, Condemning unwanted, unnecessary medical 5598, H.R. 7098, and H.R. 7099 were ordered re- procedures on individuals without their full, in- ported, as amended. H.R. 244, H.R. 733, H.R. formed consent, and H. Res. 1154, Condemning 1248, H.R. 4139, H.R. 5458, H.R. 5459, H.R. QAnon and rejecting the conspiracy theories it pro- 5472, H.R. 5852, and S. 212 were ordered reported, motes. The rule provides for consideration of H. Res. without amendment. 1153, Condemning unwanted, unnecessary medical procedures on individuals without their full, in- UNSUSTAINABLE DRUG PRICES: formed consent, under a closed rule. The rule pro- TESTIMONY FROM THE CEOS vides one hour of debate equally divided and controlled by the chair and ranking minority member Committee on Oversight and Reform: Full Committee of the Committee on the Judiciary. The rule waives held a hearing entitled ‘‘Unsustainable Drug Prices: all points of order against consideration of the reso- Testimony from the CEOs’’. Testimony was heard lution. The rule provides that the amendment print- from public witnesses. ed in the Rules Committee report shall be considered as adopted and the resolution, as amended, shall SENATE AMENDMENTS TO THE AMERICA’S be considered as read. The rule provides for consider- CONSERVATION ENHANCEMENT ACT ation of H. Res. 1154, Condemning QAnon and re- Committee on Rules: Full Committee held a hearing on jecting the conspiracy theories it promotes, under a Senate Amendments to H.R. 925, the ‘‘America’s closed rule. The rule provides one hour of debate Conservation Enhancement Act’’ [The Heroes Act]. equally divided and controlled by the chair and The Committee granted, by record vote of 7–3, a ranking minority member of the Committee on the rule providing for consideration of the Senate Judiciary. The rule waives all points of order against Amendments to H.R. 925, the ‘‘America’s Conserva- consideration of the resolution. The rule provides that the resolution shall be considered as read. Testi- tion Enhancement Act’’. The rule makes in order a mony was heard from Representatives Jayapal, Jor- single motion offered by the chair of the Committee dan, and Austin Scott of Georgia. on Appropriations or her designee that the House: (1) concur in the Senate amendment to the title; and COPING WITH COMPOUND CRISES: (2) concur in the Senate amendment to the text with EXTREME WEATHER, SOCIAL INJUSTICE, an amendment consisting of the text of Rules Com- AND A GLOBAL PANDEMIC mittee Print 116–66. The rule waives all points of order against consideration of the motion and pro- Committee on Science, Space, and Technology: Sub- vides that it shall not be subject to a question of committee on Environment held a hearing entitled consideration or demand for division of the question. ‘‘Coping with Compound Crises: Extreme Weather, Social Injustice, and a Global Pandemic’’. Testimony The rule provides that the Senate amendments and was heard from public witnesses. the motion shall be considered as read. The rule provides two hours of debate on the motion equally di- HOW COVID–19 IS IMPACTING SMALL vided and controlled by the chair and ranking mi- BUSINESSES ACROSS THE FOOD SYSTEM nority member of the Committee on Appropriations. Testimony was heard from Chairman Lowey and Committee on Small Business: Full Committee held a Representative Granger. hearing entitled ‘‘How COVID–19 is Impacting Small Businesses Across the Food System’’. Testi- mony was heard from public witnesses.

VerDate Sep 11 2014 15:01 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00008 Fmt 0627 Sfmt 0627 E:\CR\FM\D30SE0.REC D30SEPT1 SSpencer on DSK126QN23PROD with DIGEST D886 CONGRESSIONAL RECORD — DAILY DIGEST September 30, 2020 MISCELLANEOUS MEASURES COMMITTEE MEETINGS FOR THURSDAY, Committee on Transportation and Infrastructure: Full OCTOBER 1, 2020 Committee held a markup on H.R. 8408, the ‘‘Air- (Committee meetings are open unless otherwise indicated) craft Certification Reform and Accountability Act’’; H.R. 8266, the ‘‘FEMA Assistance Relief Act of Senate 2020’’; H.R. 4358, the ‘‘Preliminary Damage Assess- Committee on Armed Services: Subcommittee on Readiness ment Improvement Act of 2019’’; H.R. 8326, the and Management Support, to hold hearings to examine ‘‘CED Act’’; H.R. 4611, the ‘‘Ocean Pollution Re- supply chain integrity, 9:15 a.m., SD–G50. duction Act II’’; H.R. 5919, the ‘‘National Chil- Committee on Commerce, Science, and Transportation: Busi- dren’s Museum Act’’; and General Service Adminis- ness meeting to consider an authorization to subpoena the tration’s Capital Investment and Leasing Program attendance of a witness for purpose of a hearing to Jack Resolutions. H.R. 8266, H.R. 4358, H.R. 4611, Dorsey, Chief Executive Officer, Twitter; an authorization and H.R. 5919 were ordered reported, as amended. to subpoena the attendance of a witness for purpose of a H.R. 8408 and H.R. 8326 were ordered reported, hearing to Sundar Pichai, Chief Executive Officer, Alpha- without amendment. General Service Administra- bet Inc., Google; and an authorization to subpoena the tion’s Capital Investment and Leasing Program Reso- attendance of a witness for purpose of a hearing to Mark lutions were adopted. Zuckerberg, Chief Executive Officer, Facebook, 9:30 a.m., SD–106. Committee on the Judiciary: Business meeting to consider MISSION CRITICAL: ASSESSING S. 4632, to amend title 17, United States Code, to estab- COMMUNITY CARE WAIT TIMES lish an alternative dispute resolution program for copy- Committee on Veterans’ Affairs: Subcommittee on right small claims, to amend the Communications Act of Health held a hearing entitled ‘‘MISSION Critical: 1934 to modify the scope of protection from civil liabil- Assessing Community Care Wait Times’’. Testimony ity for ‘‘good Samaritan’’ blocking and screening of offen- was heard from Sharon Silas, Director, Health Care, sive material, and the nominations of Benjamin Joel Government Accountability Office; Steven Lieber- Beaton, to be United States District Judge for the West- man, Acting Principal Deputy Under Secretary for ern District of Kentucky, Kristi Haskins Johnson, and Taylor B. McNeel, both to be a United States District Health, Veterans Health Administration, Depart- Judge for the Southern District of Mississippi, Kathryn ment of Veterans Affairs; and public witnesses. Kimball Mizelle, to be United States District Judge for the Middle District of Florida, and Thompson Michael EXAMINING VA’S ONGOING EFFORTS IN Dietz, of New Jersey, to be a Judge of the United States THE ELECTRONIC HEALTH RECORD Court of Federal Claims, 10 a.m., SR–325. MODERNIZATION PROGRAM Committee on Veterans’ Affairs: Subcommittee on Tech- House nology Modernization held a hearing entitled ‘‘Ex- Committee on Agriculture, Subcommittee on Conservation amining VA’s Ongoing Efforts in the Electronic and Forestry, hearing entitled ‘‘Challenges and Successes Health Record Modernization Program’’. Testimony of Conservation Programs in 2020’’, 10 a.m., CVC Audi- was heard from John Windom, Executive Director, torium and Webex. Office of Electronic Health Record Modernization, Committee on Energy and Commerce, Subcommittee on En- Department of Veterans Affairs; William Tinston, ergy, hearing entitled ‘‘Generating Equity: Improving Director, Federal Electronic Health Record Mod- Clean Energy Access and Affordability’’, 10 a.m., Webex. Committee on Foreign Affairs, Full Committee, markup ernization Program Office, Department of Veterans on H.R. 6986, the ‘‘Protecting Human Rights During Affairs; and a public witness. Pandemic Act’’; H.R. 7990, the ‘‘FENTANYL Results Act’’; H.R. 7673, the ‘‘Represent America Abroad Act’’; BUSINESS MEETING H. Res. 1012, recognizing the 70th anniversary of the Permanent Select Committee on Intelligence: Full Com- outbreak of the Korean war and the transformation of the mittee held a business meeting on approval of releas- United States—Korea alliance into a mutually beneficial, ing the China Deep Dive Report and the STAR global partnership; H. Res. 697, recognizing the signifi- Emerging Technologies Report. Release of the China cance of the genuine autonomy of Tibet and the Tibetan Deep Dive Report and release of the STAR Emerg- people and the work His Holiness the 14th Dalai Lama has done to promote global peace, harmony, and under- ing Technologies Report were approved. This meet- standing; H. Res. 1100, reaffirming the strategic partnering was closed. ship between the United States and Mongolia and observ- ing the 30th anniversary of democracy in Mongolia; H. Res. 751, reaffirming the partnership between the United Joint Meetings States and the African Union and recognizing the impor- No joint committee meetings were held. tance of diplomatic, security, and trade relations; H. Res.

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1077, expressing the sense of the House of Representa- gration for all citizens across the continent of Africa; H. tives on the continued importance of the United States— Res. 1150, urging the Government of Coˆte d’Ivoire, op- Lebanon relationship; H.R. 8409, the ‘‘Department of position leaders, and all citizens to respect democratic State Student Internship Program Act’’; H. Res. 672, ex- principles, refrain from violence, and hold free, fair, trans- pressing support of the Three Seas Initiative in its efforts parent, and peaceful elections in October 2020; H. Res. to increase energy independence and infrastructure 1145, condemning the poisoning of Russian opposition connectivity thereby strengthening the United States and leader Alexei Navalny and calling for a robust United European national security; H. Res. 17, expressing con- States and international response; H.R. 4326, the ‘‘Sex cern over the detention of Austin Tice, and for other pur- Trafficking Demand Reduction Act’’; H.R. 7954, the poses; H.R. 4507, the ‘‘Protection of Saudi Dissidents ‘‘Tropical Forest and Coral Reef Conservation Reauthor- Act’’; H. Res. 823, condemning the Government of Iran’s ization Act of 2020’’; and H.R. 8438, to reauthorize the state-sponsored persecution of its Baha’i minority and its Belarus Democracy Act of 2004, 10 a.m., 2172 Rayburn continued violation of the International Covenants on and Webex. Human Rights; H. Res. 996, expressing the sense of Committee on the Judiciary, Subcommittee on Antitrust, Congress that the activities of Russian national Yevgeniy Commercial, and Administrative Law, hearing entitled Prigozhin and his affiliated entities pose a threat to the ‘‘Proposals to Strengthen the Antitrust Laws and Restore national interests and security of the United States and Competition Online’’, 1 p.m., 2141 Rayburn and Webex. of its allies and partners; H. Res. 958, condemning the Committee on Natural Resources, Full Committee, hearing practice of politically motivated imprisonment and calling for the immediate release of political prisoners in the on H.R. 5986, the ‘‘Environmental Justice for All Act’’, Russian Federation and urging action by the United 12 p.m., Webex. States Government to impose sanctions with respect to Committee on Oversight and Reform, Full Committee, persons responsible for that form of human rights abuse; hearing entitled ‘‘Unsustainable Drug Prices: Testimony H.R. 8428, the ‘‘Hong Kong People’s Freedom and from the CEOs, Part II’’, 10 a.m., 2154 Rayburn and Choice Act of 2020’’; H.R. 8405, the ‘‘American Values Webex. and Security in International Athletics Act’’; H.R. 8259, Committee on Rules, Full Committee, hearing entitled to prohibit Russian participation in the G7, and for other ‘‘Members’ Day Hearing on Proposed Rules Changes for purposes; H. Res. 825, recognizing the importance of the 117th Congress’’ [Original Jurisdiction Hearing], 1 entry into force of the Treaty on the Nonproliferation of p.m., Webex. Nuclear Weapons (NPT); H.R. 4636, the ‘‘Partnering Committee on Small Business, Subcommittee on Investiga- and Leveraging Assistance to Stop Trash for International tions, Oversight, and Regulations, hearing entitled ‘‘Pre- Cleaner Seas Act’’; H. Res. 1121, urging the Government venting Fraud and Abuse of PPP and EIDL: An Update of Burma to hold free, fair, inclusive, transparent, with the SBA Office of Inspector General and Govern- participatory, and credible elections on November 8, ment Accountability Office’’, 10 a.m., 2360 Rayburn and 2020; H. Res. 1115, calling for the immediate release of Webex. Trevor Reed, a United States citizen who was unjustly Select Committee on the Climate Crisis, Full Committee, sentenced to 9 years in a Russian prison; H. Res. 768, hearing entitled ‘‘Creating a Climate Resilient America: calling on African governments to protect and promote Strengthening the U.S. Financial System and Expanding human rights through internet freedom and digital inte- Economic Opportunity’’, 1:30 p.m., Webex.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 12 noon, Thursday, October 1 9 a.m., Thursday, October 1

Senate Chamber House Chamber Program for Thursday: Senate will continue consider- Program for Thursday: Consideration of the Senate ation of the nomination of Michael Jay Newman, of amendments to H.R. 925—North American Wetlands Ohio, to be United States District Judge for the Southern Conservation Extension Act. District of Ohio. Senate will vote on the motion to invoke cloture on the motion to proceed to consideration of S. 4653, Healthcare Protections at 1 p.m.

Extensions of Remarks, as inserted in this issue

HOUSE Gallego, Ruben, Ariz., E901 Quigley, Mike, Ill., E903 Garamendi, John, Calif., E903 Reschenthaler, Guy, Pa., E903 Bergman, Jack, Mich., E901, E905 Granger, Kay, Tex., E905 Rogers, Harold, Ky., E900 Budd, Ted, N.C., E905 Graves, Sam, Mo., E900, E902, E904, E906 Scott, David, Ga., E905 Bustos, Cheri, Ill., E900 Higgins, Brian, N.Y., E900 Smith, Christopher H., N.J., E906 Cleaver, Emanuel, Mo., E902 Kinzinger, Adam, Ill., E899 Cohen, Steve, Tenn., E904 Latta, Robert E., Ohio, E904 Webster, Daniel, Fla., E903 Doggett, Lloyd, Tex., E901 Lynch, Stephen F., Mass., E900 Wexton, Jennifer, Va., E901 Duncan, Jeff, S.C., E899 Mucarsel-Powell, Debbie, Fla., E899, E902 Wilson, Joe, S.C., E906 Dunn, Neal P., Fla., E901 Olson, Pete, Tex., E900, E904

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