Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 115 CONGRESS, SECOND SESSION

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E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 115 CONGRESS, SECOND SESSION

Vol. 164 WASHINGTON, THURSDAY, OCTOBER 11, 2018 No. 169 House of Representatives The House was not in session today. Its next meeting will be held on Friday, October 12, 2018, at 9:30 a.m. Senate THURSDAY, OCTOBER 11, 2018

The Senate met at 10 a.m. and was HURRICANE MICHAEL are fortunate enough to win back the called to order by the President pro Mr. MCCONNELL. Madam President, House and/or the Senate, that’s when tempore (Mr. HATCH). Hurricane Michael made landfall along civility can start again.’’ f the Florida Panhandle. This storm has ‘‘That’s when civility can start again,’’ she said, when they win back already claimed multiple lives and left PRAYER the House and/or the Senate. the gulf coast communities wounded by The Chaplain, Dr. Barry C. Black, of- Just yesterday, we saw President fered the following prayer: surging waters and high winds. As Mi- Obama’s Attorney General Eric Holder Let us pray. chael continues inland, those left in its offer his own version of a slogan made Eternal God, who has given us life, wake can count on the Senate’s sup- famous by our former First Lady, we praise You that Your tender mer- port for responsive recovery efforts and Michelle Obama. This is Mr. Holder’s cies are over all Your work. Today, trust in our continued prayers. We renew vision for civil discourse. Here is may we represent the glory of Your main grateful for the vigilance of first how the former Attorney General of kingdom on Capitol Hill, living in a responders and emergency prepared- the United States urged Democrats to way that will glorify Your Name. ness organizations as they work to treat the other side. He said: Thank you that the work you have keep residents of affected communities Michelle always says, ‘‘When they go low, given our lawmakers and those who safe and for all of those who will help we go high.’’ No. No. When they go low, we labor with them is crucial for our Na- to rebuild after the storm has passed. kick ’em. tion’s future. Lord, uphold our Sen- f He said: ators with Your might, surrounding POLITICAL CLIMATE When they go low, we kick ’em. That’s them with the shield of Your grace as what this new Democratic Party is about. You provide for their needs. Deliver Mr. MCCONNELL. Now, Madam The ‘‘new Democratic Party,’’ he them from impatience, irritability, and President, on an entirely different mat- said. anger, as You keep them from the self- ter, with the bipartisan progress the Remember, these comments come ishness that can see only its point of Senate has made this week, it is hard less than a year and a half after Repub- view. Help them to reflect Your grace, to believe what was happening just a lican Members of the House and Senate purity, and love. few days ago right inside this Capitol were literally shot at by a politically We pray in Your great Name. Amen. and right outside the building. It is crazed gunman. Our colleagues were f hard to believe it was less than a week nearly killed just a few minutes from PLEDGE OF ALLEGIANCE ago that far-left protesters were lit- the Capitol. In just these past days, erally storming the steps of the Capitol there have been graphic death threats, The President pro tempore led the and the Supreme Court, running my Senators and staff have needed extraor- Pledge of Allegiance, as follows: colleagues out of public places and at- dinary police protection, and the I pledge allegiance to the Flag of the tempting to shout over their voices United States of America, and to the Repub- Democrats are calling for more incivil- lic for which it stands, one nation under God, right here in the Senate Chamber. Of ity and more rage? They are calling for indivisible, with liberty and justice for all. course, it didn’t work. The Senate more incivility and more rage? stood tall and did the right thing. There isn’t a firmer defender of the f The far left isn’t done yet. If we take First Amendment than I. It is vital RECOGNITION OF THE MAJORITY them at their word, this may have only that citizens be heard. Americans with LEADER been the warmup act. Here is the ad- strong opinions on both sides of last The PRESIDING OFFICER (Mrs. vice former Secretary of State Hillary week’s debate spoke up in a civil and HYDE-SMITH). The majority leader is Clinton gave to her fellow Democrats respectful way, and our Nation was recognized. just a few days ago. She said: ‘‘If we better for it. But only one side—only

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

S6777

VerDate Sep 11 2014 06:11 Oct 12, 2018 Jkt 089060 PO 00000 Frm 00001 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.000 S11OCPT1 dlhill on DSK3GLQ082PROD with SENATE S6778 CONGRESSIONAL RECORD — SENATE October 11, 2018 one side—was happy to play host to After we confirm Mr. Clark, we will reached its lowest level since 2000—the this toxic fringe behavior. Only one consider another Assistant Attorney lowest unemployment in 18 years. side’s leaders are now openly calling General nominee, Eric Dreiband, for News like this will not surprise any- for more of it. They haven’t seen the Civil Rights Division. Mr. Dreiband one who has been listening to the ac- enough. They want more. is also well prepared to serve. His re- counts of Missourians, like Mary Beth I am afraid this is only phase 1 of the sume includes several stints of public Hartman, who runs a small construc- meltdown. We are already seeing des- service, including as general counsel of tion company in Springfield. She says perate voices on the far left explain the EEOC, in addition to private sector the new tax law has given her the flexi- that, well, because they lost this fight, experience. Others have praised his bility to expand vacations and bonuses even more drastic steps are in order. service at the EEOC as ‘‘widely re- for her employees and invest half a There is crazy talk—crazy talk— spected,’’ ‘‘in the highest rung of the million dollars in new equipment. about impeaching Justice Kavanaugh. Agency’s general counsels,’’ and a Or Brandon Pister—he used his tax There are left-wing writers demanding ‘‘record of superlative performance.’’ reform bonus to help his family cover that Democrats pack the Court—a Those who have worked with Mr. medical expenses and put money into zombie idea from the 1930s they have Dreiband emphasize his strong commit- savings. dug up just in time for Halloween. ment to protecting all Americans’ civil The junior Senator from Missouri How about this: One columnist for a rights. can be proud that he voted for the his- national newspaper called the result a In the words of one leader who is toric policies that helped unleash all of coup—a coup—and implied that the known and worked hard with the nomi- this good news. It is a shame that his Founders got it wrong and designed the nee for 15 years, ‘‘his commitment to colleague, the senior Senator from Mis- Senate incorrectly. They want to re- fairly enforcing the law is without souri, chose to vote in lockstep with write the Constitution? The Founding question.’’ Senate Democrats and try to block tax Fathers got it wrong? Handling defeat After Dreiband will come James reform from taking effect. badly is one thing, but regretting the Stewart, the President’s choice to Republicans will keep sharing suc- Constitution itself because you don’t serve as Secretary of Defense for Man- cess stories like these from Missouri like how a vote turned out—really? power and Reserve Affairs. Mr. Stew- and keep helping the American people This is something else. But I guess it is art’s experience managing military write more. not entirely surprising given the out- manpower runs deep through his dis- I suggest the absence of a quorum. right embrace by many on the left, in- tinguished career at the U.S. Air The PRESIDING OFFICER. The cluding elected officials, of radical con- Force, from which he retired as a clerk will call the roll. cepts like open borders and socialism. major general. The senior assistant legislative clerk Anyone who thinks that intimidation He has most recently served on the proceeded to call the roll. and scare tactics might rule the day North Carolina Military Affairs Com- Mr. SCHUMER. Madam President, I must have missed the Senate’s vote mission and on the Secretary of De- ask unanimous consent that the order last Saturday. Maybe they weren’t fense’s Reserve Forces Policy Board. for the quorum call be rescinded. tuned in. This body will not let un- Each of these nominees deserves con- The PRESIDING OFFICER. Without hinged tactics replace reasoned judg- firmation, and I would urge our col- objection, it is so ordered. ment. We will not let mob behavior leagues to approve all of them. f drown out all the Americans who want f to legitimately participate in the pol- RECOGNITION OF THE MINORITY TAX REFORM icymaking process on all sides. The LEADER Mr. MCCONNELL. Madam President, Senate, I assure you, will not be in- The PRESIDING OFFICER. The it has been more than 9 months since timidated. Democratic leader is recognized. f Republicans passed the most sweeping tax reform in a generation. Here are f NOMINATIONS just a few of the economic headlines we HURRICANE RECOVERY Mr. MCCONNELL. Madam President, have seen since it took effect: con- on an entirely different matter, yester- sumer confidence at an 18-year high, Mr. SCHUMER. Madam President, let day the Senate passed broad, bipar- faster year-on-year wage growth than me say to the people of Florida, Geor- tisan legislation to maintain our Na- at any point since 2009, and the lowest gia, and everyone else affected by Hur- tion’s waterways and drinking water national unemployment since 1969—al- ricane Michael that our thoughts and systems. Now we are turning back to most 50 years ago. hearts are with you. Having worked the personnel business and confirming Behind all of these numbers are mid- and lived through the recovery of Hur- more of the President’s qualified nomi- dle-class families whose lives are ricane Sandy in my home State of New nees to important executive branch po- changing for the better, and the effects York, I remember vividly the anguish sitions. are reaching all kinds of commu- of families who lost their homes and We voted yesterday to advance the nities—even the places most neglected businesses the day or two after and nomination of Jeffrey Clark to serve as for nearly a decade by the Obama ad- then realizing it took years for areas of Assistant Attorney General for the En- ministration’s so-called recovery. New York and Long Island to recover. vironment and Natural Resources Divi- After years of investment and job We are still in the process of recov- sion. creation being disproportionately con- ering. I know, A, your pain and suf- Mr. Clark’s qualifications include centrated in the biggest metropolitan fering and, B, the challenges that await several years of prior service as Deputy areas, 2018 has been a different story. you. Assistant Attorney General in that So far this year, it has been smaller So we hope everyone stays safe as the same position. He has also built a and rural communities—smaller and storm passes through the country. We strong reputation in the private sector rural communities—that have led the know that Americans and the Senate as a leading litigator with subject-mat- Nation in relative job growth. Out will pull together, as they always do, ter expertise in administrative law. Mr. across the heartland, empty store- to help one another build and recover. Clark’s legal colleagues describe him fronts and stagnant local economies f as ‘‘one of the most capable lawyers are giving way to vibrant trans- with whom [they] have ever worked.’’ formation and new opportunities. CLIMATE CHANGE No fewer than seven former Assistant So when we hear that States like Mr. SCHUMER. Madam President, Attorneys General for the Environ- Missouri are thriving again on the this year has seen a huge number of ment and Natural Resources Division watch of the Republicans’ pro-growth, powerful storms and hurricanes both tell the Senate that his well-rounded pro-opportunity agenda, it really on the Atlantic seaboard and in the background and prior experience in the shouldn’t come as a surprise. It gulf. Hurricanes Harvey, Irma, Maria, division make him an excellent choice shouldn’t surprise us that Missouri’s Florence, and now Michael have for this position. statewide unemployment rate has wrought severe damages. According to

VerDate Sep 11 2014 06:11 Oct 12, 2018 Jkt 089060 PO 00000 Frm 00002 Fmt 4637 Sfmt 0634 E:\CR\FM\G11OC6.001 S11OCPT1 dlhill on DSK3GLQ082PROD with SENATE October 11, 2018 CONGRESSIONAL RECORD — SENATE S6779 NOAA, 2017 was the most expensive Our constituents—Democrats, Repub- publicans have believed, continue to year on record for disasters in the licans, north, west, east, and south— believe, and have acted on, unfortu- United States. At some point, we have say they want better healthcare at a nately, that insurance companies to acknowledge that the intensity of lower cost, and what do Republicans should rule the roost, just as in the these storms is much greater than in do? They offer worse healthcare cov- 1890s. The consequences are severe. past years and is a symptom of chang- erage at a higher cost, ultimately, to As a result of the Republican ing climate. people, because the plans don’t cover healthcare agenda, premiums are up by Climate change is real. It is being anything and then you have to pay out double digits in several States and driven by human activity. It is hap- of your pocket. quality is down. As a result of the Re- pening right now. These are facts. They What did they do it in the name of? publican healthcare agenda, Americans are not in dispute. Our scientists know Freedom. Freedom. This is like the are paying more and getting less. it, our businesses know it, the world 1890s. Who is going to have freedom? I say to the American people that in knows it, and the American people The insurance companies, the big a few short weeks you will have a know it. But too many Senators on the shots. Who is going to have no freedom choice. You can vote for 2 more years other side of the aisle just put their from illness and disease? Average of healthcare sabotage from a Repub- heads in the sand. It costs us more and folks. It is terrible thinking, once lican Congress, more attempts at re- more and more. We are not going to again siding with big, powerful special pealing the healthcare law, more pre- leave these people high and dry, but if interests, not the average person. mium increases and uncertainty, more we would do more on climate change, The only people who want these junk actions that undermine protections for we would have fewer of these hurri- insurance plans are two groups—the in- patients with preexisting conditions or canes and other types of storms. surance companies and the rightwing the American people can vote to flip Everyone knows that, except a few. ideologues who believe the government the script and support Democratic can- Why? Why don’t they admit the truth? shouldn’t be in healthcare at all. They didates who will not only protect the Maybe there are two words that ex- want to cut Medicare. They want to care that Americans have today but plain it: oil industry. cut Medicaid. They want to cut Social who will work every single day to Just this week the U.N. released a re- Security. That is who it is. make it better. port on climate change, saying that So let us remember that the junk in- I yield the floor. the world has only a short time— surance plans are hardly worth the f maybe a little more than a decade—to paper they are printed on. They lure get a handle on carbon emissions. So consumers in with low premiums, but RESERVATION OF LEADER TIME far, the current administration has the deductibles are so high, the copays The PRESIDING OFFICER. Under done nothing but move the issue back- are so high, and the coverage so the previous order, the leadership time ward. It is amazing that we, the lead- skimpy that the plans hardly offer any is reserved. ing country that is supposed to be the benefit to the consumer at all. f moral force—the economic, political, While every Republican save one CONCLUSION OF MORNING and military leader—are the ones who voted to hand the keys to the insur- BUSINESS pull out of the Paris climate accords, ance companies, every single Demo- and then the administration has been crat—every single Democrat—stood up The PRESIDING OFFICER. Morning repealing environmental protection to the sabotage from the Trump admin- business is closed. after protection. istration and voted to not allow the ex- f So while we are thinking about the pansion of junk insurance across Amer- EXECUTIVE SESSION people of Florida, Georgia, South Caro- ica. lina, and North Carolina and everyone I warn my colleagues that these are in Hurricane Michael’s path, let’s re- the kinds of issues that voters remem- EXECUTIVE CALENDAR member we are running out of time to ber come election time. Healthcare is The PRESIDING OFFICER. Under do something about climate change. the No. 1 issue in America to the broad the previous order, the Senate will pro- The kinds of storms we are seeing now majority of voters. The American peo- ceed to executive session to resume will only increase if this body con- ple will head to the polls in November consideration of the following nomina- tinues to keep its head in the sand and ask themselves: Which party will tion, which the clerk will report. ostrichlike and ignore the scientific re- defend the people’s right to quality The senior assistant legislative clerk alities. healthcare? Which party will not? read the nomination of Jeffrey Bossert f The answer to that question could not be clearer. Democrats have spent Clark, of Virginia, to be an Assistant HEALTHCARE the past 2 years offering several plans Attorney General. Mr. SCHUMER. Now, on another to reduce the cost of healthcare while The PRESIDING OFFICER. The Sen- matter—healthcare—yesterday, 50 of maintaining or increasing the quality, ator from Missouri. my Republican colleagues voted while President Trump and Repub- FAA/CONSUMER PROTECTIONS against ensuring protections for people licans in Congress have done nothing Mr. BLUNT. Madam President, I with preexisting conditions—people but drive costs up and quality down in think by any standard, as we conclude with asthma and cancer, people with obeisance to the big special interests— this Congress, the House and Senate, diabetes and all kinds of gynecological the insurance industry. working together, have put more legis- problems. Republican Senators sided They have tried to repeal the lation on the President’s desk that has with the Trump administration to ex- healthcare law. They have tried to gut long-term impact than at any time in a pand the ability of insurance compa- Medicaid, eliminate healthcare for mil- long time, whether it was the opioid nies to sell cutrate, junk insurance to lions of Americans, and put the insur- legislation or healthcare research fund- Americans—to dupe Americans. These ers back in charge. They have elimi- ing. plans will destabilize the healthcare nated the program to help low- and I want to talk a little bit today about market and raise the cost of insurance middle-income Americans afford insur- the Federal Aviation Administration for people with preexisting conditions ance and, worst of all, Republican at- extension that, just last week, the Sen- who may end up being priced out of in- torneys general—including two run- ate passed and the President signed. I surance altogether. ning for the Senate, one in Missouri believe the 5-year reauthorization is Let me say that again. Republicans and one in West Virginia—are suing, as the longest reauthorization since the yesterday voted to let insurance com- we speak, to eliminate protections for 1980s. So the traveling public, the FAA panies offer junk insurance plans that Americans with preexisting conditions. itself, the Department of Transpor- don’t cover essential health benefits, These actions are undergirded by a tation, and the airline carriers of both allowing them to nickel-and-dime pa- belief on the other side of the aisle that people and freight have an under- tients out of the medical care they de- the American people just don’t deserve standing of what the next 5 years serve. help affording adequate healthcare. Re- should look like.

VerDate Sep 11 2014 06:11 Oct 12, 2018 Jkt 089060 PO 00000 Frm 00003 Fmt 4637 Sfmt 0634 E:\CR\FM\G11OC6.003 S11OCPT1 dlhill on DSK3GLQ082PROD with SENATE S6780 CONGRESSIONAL RECORD — SENATE October 11, 2018 One of the things that will happen make all the time you were flying. So were available until the very last days during the time that begins right that is not going to happen. The next of the Obama administration. I don’t now—the Senate and the House lis- time you are on the ground and some- know the reason the administration tened and the President listened to the body continues to talk until they are had to suddenly decide that it didn’t traveling public about their concerns told they can’t do that any longer, just want that ability that several hundred about what happens on airplanes and in be grateful that can’t continue once thousand—maybe a couple of million— airports. This is a bill that I worked on the plane gets in the air for the whole people had to get short-term coverage in the Aviation Subcommittee, along time of the flight, which would tech- at a rate they could afford. For people with Senator CANTWELL, Senator nically have been allowed with Wi-Fi in a job transition or something else, THUNE, and Senator NELSON. We or whatever allowed that phone to be those were available that entire time. worked for almost 2 years to get this connected. That is not going to be the The Urban Institute says that 1.5 bill to where it was when the President case now. million people who otherwise would signed it, to address the safety, secu- Airline fees have changed. I don’t have no insurance will be able to have rity, and comfort of the traveling pub- like airline fees. Most people don’t like insurance under those short-term poli- lic. airline fees. But if you pay a fee and cies. The policies under the Affordable In the wake of consumer complaints you don’t get the service—if you pay Care Act are still available; they are about the shrinking seat size on air- for a seat assignment that doesn’t still subsidized; they still do every- planes, the law directs the FAA to set work out to be the kind of seat you thing that is the maximum of minimum legroom standards and width paid for or early boarding, and that ObamaCare. If that is what you want to and length requirements for airline didn’t happen or baggage that somehow have, particularly if you are subsidized seat size to ensure passenger comfort wasn’t handled the way your special in that marketplace, that is probably and safety. I think all of us have had fee was charged—the airlines now have where you should be. But a lot of peo- some experience with seeing seats get to keep track of that and get you that ple aren’t, and a lot of people don’t smaller all the time. Like every other money back as soon as they reasonably have immediate access, and a lot of Member of the Senate, when I am fly- can or face a penalty. people are in transition. ing back and forth every week, usually The law requires air carriers to sub- The Urban Institute is not normally in one of those coach seats, somebody mit to the Department of Transpor- seen as a conservative watchdog, but says: I thought you came back and tation a one-page summary of pas- they said that 1.5 million people will forth on a private plane. Actually, only sengers’ rights, including compensa- have insurance with these policies, a few Members—maybe less than a tion for flight delays, cancellations, which will continue to be available for handful—are able to do that. Most of us and mishandled bags. Every airline has people who wouldn’t have insurance if fly just like everybody else does, with to have that available for you to look they hadn’t have been. So you can say no particular benefit. But you can at. anything you want to say. You are en- sense those seats getting a little small- By the way, the Department of titled to your own opinion, but you are er and the legroom getting a little Transportation is going to have a Con- not entitled to your own facts, and I tighter. We have given new responsi- sumer Aviation Advocate. There will think the facts on the vote we took bility for the FAA to set standards, so now be somebody at the Department of this week on those short-term policies the traveling public knows somebody is Transportation—it will be their job, are pretty clear. paying attention to them and how long their only job, to respond to you; they I yield the floor. they are going to be in that seat and and their team will respond to you if The PRESIDING OFFICER. The Sen- what it is going to be like when they you have had a problem on an airline ator from Georgia. are there. and want to see what can be done about Mr. ISAKSON. Madam President, I We also have a provision that you it. want to acknowledge what Senator can’t take somebody off an airplane Provisions are included to address BLUNT just said about the success of once they have been allowed to board disability issues on planes, whether this Congress over the last 2 years. It because you somehow oversold. If restrooms are accessible, whether any- has been remarkable. What they did on somebody is on that plane, they can’t thing happens that would harm a dis- FAA is tremendous. I enjoyed working be taken off that plane unless they abled passenger or damage their wheel- with them on that. But I want to rise agree to be taken off that plane or the chair or the other aids they have. and talk about our veterans and what passenger acts in a way that the safety We have a 3-year reauthorization of we have done for our veterans and what and security and the health of other the Transportation Security Adminis- we need to do for our veterans. passengers could be a problem. So tration. There are some real needs Before I do, my State of Georgia had there is no more involuntarily bumping there in both TSA Precheck and TSA a tough day and a tough night last of passengers who are on a plane. generally that are met with this. One night. The hurricane hit about 10 The law prohibits placing live ani- of those needs is more access to dogs. o’clock last night. Unfortunately, we mals in overhead compartments. More We all see dogs in airports, but every lost one 11-year-old with a tree crash- and more people seem to travel with study since 9/11—and there have been a ing through the roof. The Governor has pets, and people have had bad experi- lot of them—indicates that nothing is declared a state of emergency for 108 of ences with that in the last few years. more effective than a dog for finding our 159 counties. We have 1,500 Na- So overhead storage is not appropriate most of the things you are looking for. tional Guard troops activated and storage any longer for your pet if you Some of us have gone through security ready to deploy if needed to help law are traveling with a pet. lines lately where the line moves pret- enforcement, emergency medical, and It also sets minimum standards for ty fast, but a dog checks everybody in hospitals to see to it that we meet the service animals that are allowed on that line. We will see what happens needs of the people in our State. There flights. We all see that more all the there, but dogs generally are doing the is a lot of search and rescue going on. time, too—a pet not in a cage but im- kinds of things that need to be done. We are blessed that a lot of things portant to the individual who has a So whether it is the FAA Reauthor- didn’t happen, but we were certainly service animal. Many veterans now ization Act or America’s Water Infra- hurt by those that did. have a service animal. There are now structure Act, which we passed yester- For families who have lost property standards on what that animal can be day—I think the vote on that was 99 to and families who need help, our sym- and how it has to behave on a plane. 1, but that doesn’t mean it was easy to pathy is with them, and we are taking It bans in-flight cell calls. If you get it to the floor, and it doesn’t mean action. GEMA and FEMA are working have ever sat by somebody before the it normally gets done by a Congress. hard. Governor Deal is working ex- plane takes off and learned way more But that has happened as well. tremely hard. We have recovered a cou- about them than you want to know, The insurance policies that Demo- ple of times already in the last 5 years you can imagine what it would be like crats voted to take away yesterday from hurricanes, and we will do it if you had to learn way more about have been mentioned here this morn- again. But on behalf of myself, Senator them based on every call they could ing. Those short-term health policies PERDUE, and the United States Senate,

VerDate Sep 11 2014 06:11 Oct 12, 2018 Jkt 089060 PO 00000 Frm 00004 Fmt 4637 Sfmt 0634 E:\CR\FM\G11OC6.004 S11OCPT1 dlhill on DSK3GLQ082PROD with SENATE October 11, 2018 CONGRESSIONAL RECORD — SENATE S6781 I send our best wishes to our people We had to find a new Secretary be- President Trump has been a great back in Georgia and also to our people cause the old Secretary resigned, and leader for our VA, and he understands in South Carolina, North Carolina, and we worked hard to do that. We had a the problems and has been supportive Florida. Florida was hit worse last few bumps in the road. The President of our trying to make the changes we night. But now the storm has passed gave us his full support. Robert Wilkie, want to make. Atlanta and is going over South Caro- who is the new Secretary of the VA, is Senator TESTER has been a great lina, and then North Carolina, which a terrific guy. He has a family history ranking member and a great partner just came back from almost the worst in the military. He loves the VA and with me on those things, and we made storm in history, in which we had 48 worked for DOD, or the Department of sure everything we did was bipartisan. inches of rainfall in one county. I Defense, which is the precursor in To be honest with you, we passed 22 couldn’t believe that much water fell working for the VA if you are a vet- pieces of legislation and made 14 ap- in one day, but it did. They are recov- eran, because you have to be in DOD pointments. We had one ‘‘no’’ vote on ering and doing it nicely. They have first to be a veteran, second. In fact, one bill. We had complete unanimity done a good job. But all of us know Robert Wilkie is a godsend for us. In a on the committee—Republicans and these acts of nature and acts of God we few short weeks, he has already proven Democrats—all the way through behave gone through affect our citizens, to be a big help for our veterans. He is cause we worked together, we set our and we need to keep them safe. I urge not unwilling to tackle the hard prob- goals, and we decided to make this all of our citizens in Georgia and in lems. In fact, he is willing to tackle work as seamlessly as our military every State in the Union to play close them. works for us. attention to what their Federal emer- Interoperative software for medical Let me talk about a few of those gency management people say. If they information has been a problem at the things we have done because I think tell them to evacuate, they should. If VA for years. The DOD and VA soft- they are impressive when you look at they tell them to hunker down, they ware didn’t talk to each other. them. We passed 22 pieces of legisla- should. They should do whatever they We have a guy who left the battle- tion, which include the VA MISSION can to follow the rules the best they field in Afghanistan, came back to Act, most recently passed a month ago. can. Everybody we have to rescue Georgia, and went to Fort Benning. He We redefined the mission and the ac- takes a law enforcement officer and a decided to leave the military and retire tions of the VA to see that it does ev- medical person out of play to help and go into veteran status, and we erything it needs to do to be a 20th cen- somebody else. couldn’t get his records transferred tury benefit program, like the new VETERANS from Active Duty to veteran status be- modern-day GI bill, which is a part of Madam President, as chairman of the cause we didn’t have interoperable that. Veterans’ Affairs Committee, I have software. We didn’t have a way to do it. The new GI bill says the old rule in the honor of representing the U.S. Sen- This committee worked hard. We de- the VA that you have to use your VA ate to our veterans and responding, veloped the largest contract in history benefits within 15 years or you lose along with the House committee with Cerner, a great software company. them on education is gone. We all chaired by Chairman ROE of Tennessee, Cerner has a tremendous medical out- know people’s skills are changing on veterans’ issues. All of us are for reach product, and they are now in- about every 5 years or 6 years. If a per- veterans. There is one place you never stalling that. Hopefully, over the next son doesn’t keep up with their con- have an argument on appropriations, 15 years, we will have an interoperative tinuing education, they are going to and that is for veterans. We don’t have system around the world that services lose their job. They would lose their partisan arguments about veterans ei- our veterans who need medical service benefits because they have been in the ther. On the battlefield, you don’t see and have their records available in- VA 15 years. That is ridiculous. We re- Democratic veterans or Republican stantaneously and immediately. moved that cap. Now they can take veterans; you see American veterans. We have a 20th century soldier in the new courses and new training with We are all for the veterans. battlefield, but we have a 15th century their GI benefits for 25 years if they We have had some great successes VA when it comes to information tech- want to, if they are still eligible. We with our veterans, but we have had nology. We have invested the money are not putting any time limit on it. some failures over the last decades. now with Cerner to put in the system, There is no time limit on education. Sometimes they are on the front page and we are going to get it done. I will Education is the necessary product we of the newspaper, most recently last stay on their back every day to see to have to use to produce the military of week when the hospital ratings came it they do it. the 21st century. out. Two of the three hospitals serv- I appreciate the cooperation of the It used to be that we drafted our sol- icing my State fell from three stars to employees of the VA. I tell them, as I diers. We can’t draft the soldiers anyone star, which meant they failed in make these remarks, that we are going more. The average draftee can’t oper- their performance for our veterans, and to see to it they have every bit of back- ate the type of equipment our men and we want to work to see that improve. ing they can get from us. We had too women operate in the battlefield. You But we also want everybody to un- many vacant spaces in the VA. We had have to have people who understand derstand how big the problem is, what too many ‘‘acting this’’ and ‘‘acting technology, understand the STEM sub- we have done the last 2 years to ad- that.’’ I hate it when we appoint acting jects, and are good with games. Video dress the problem, and what is coming directors and acting bankers and act- games is one of the biggest qualifica- soon for all of us, which I think is good ing soldiers. We don’t need them to act. tions now for pilots because all of our news for everybody. We need them to take action. We will airplanes are like video games. It looks First of all, starting 2 years ago, Sen- start to do that as soon as we fund the like Pac-Man when you get in the ator TESTER, the ranking member on places that go vacant, where it hurts cockpit. It is because of high tech- the committee, and I sat down and our veterans. nology, and they are training for that. made a pledge that we were going to I thank President Trump and Sec- We have to have an attractive job for work together from the beginning to retary Wilkie for their work and their them and attractive VA benefits for address the tough issues that had been support. It has been complete and them if they want to come to work for put behind the backdoor for a long seamless. We signed the VA MISSION the United States of America and stay time and hadn’t been dealt with. We Act in the Rose Garden a couple of with us, or else we will never be able to have done that. In fact, we have tack- weeks ago. The President came out and keep the military we have today as led every single one of them, except talked about his pride in the VA and strong and powerful as it is. one that we are going to tackle in a what the veterans did for all of us and We also put a new law in on account- couple of weeks. In so doing, we have what he was going to do as President, ability. I served in the National Guard, helped our veterans. as long as he was there, to see to it and I understand accountability. In the We had the help of the President as that he gave them at least the best of military, you really understand ac- well. President Trump embraced our all of us like they have given us the countability. You don’t ask questions committee’s work from the beginning. best as veterans. in the military. You give answers. If

VerDate Sep 11 2014 06:11 Oct 12, 2018 Jkt 089060 PO 00000 Frm 00005 Fmt 4637 Sfmt 0634 E:\CR\FM\G11OC6.005 S11OCPT1 dlhill on DSK3GLQ082PROD with SENATE S6782 CONGRESSIONAL RECORD — SENATE October 11, 2018 your drill sergeant tells you to do 20, ways prepared. Marines are that way. who need to get their attention to get you drop and you do 20. If you can’t do The Army is that way. The Air Force is their service because he is making the 20, you practice until you can and you that way, and the Senate ought to be line longer than it should be. get it right. That is what we have to do that way. We are committed that way We put an accountability on the Vet- in the military because you don’t fight to our veterans in what we do today. erans’ Administration, as well, to see wars for people who say: I am not in- We also have to hold them account- that our benefits are handled quickly terested today; I am not going to fight. able in the military. Accountability is and expeditiously and that the appeals You have to know what we are doing important. Veterans want us to hold are fair, and veterans can get an an- and do it right. the VA accountable. That is why we swer. We are cutting the average time We have to do the same thing and put in the accountability bill, which, of wait, and we are going to get it down provide services to those veterans once among other things, allows us to fire to below half a year pretty soon. Pret- they leave. We don’t need to be casual senior executives in the VA for not ty soon, we will have it as instanta- about it. We need to be committed doing their job. You can’t do that in neous as you can make it. You about it and make sure we are doing many government jobs. As a matter of shouldn’t have to wait to have a ben- everything we can to see our veterans fact, people were surprised that we efit paid if you didn’t wait to complete get the services they want, the services were able to pass it, and we passed it an order from the officer whom you they need, and the information they bipartisan. It passed bipartisan because worked for. need. everybody knew if your job wasn’t sub- Lastly, I want to thank Shepherd Veterans Day is coming up in about 4 ject to your doing your job, you didn’t Center in Atlanta, GA. That is my weeks. Every Veterans Day we are usu- have accountability. hometown and my home State. Shep- ally here, but I don’t think we are The first person taken to court for herd takes the most seriously injured going to be here on Veterans Day this violating the law by not doing their job veterans in the United States who we year, if I understand the calendar was in Georgia. I saw to it we pros- no longer can help because we don’t right. I will be making speeches back ecuted that case and used our lawyers have the expertise. They take them home. Every year I have been here, I to be able to do it. I wanted people at and help them. More often than not, have made a speech on this floor about the VA to know we are not going to they turn their lives around and make our veterans and how important they take bad behavior—break-the-law be- it where they can communicate, they are to us. I try to point out a few peo- havior—or bad attitudes in the VA. We can work, and they can do their job. In ple I have known in my lifetime who are only going to give the best to our other words, the veterans are getting are veterans of the U.S. military and veterans. the best of care and the best of atten- made a difference in my life forever. We have a number of title 38 veteran tion because the Committee on Vet- I talked about my friend Jack Cox, of leaders who have been suspended, erans’ Affairs in the Senate is giving the U.S. Marine Corps. He was killed moved, or otherwise fired because they 100 percent of their attention to them. by a sniper in Vietnam in 1968. He was weren’t accountable for their job. We I am proud of what we have done, my best friend. He volunteered. He have some openings now that need to proud of what the Senate has done, and came to the fraternity house. He was 2 be filled because we got rid of them. We I am proud of our military and proud of years older than me. So I was still in got rid of people who weren’t doing the our country. I hope we continue doing school when he got out and graduated. job and put in people who did the job. in the Senate as we have always done: After graduating, he went from the In the military, your accountability is do our job, do it well, and support our University of Georgia into the Marine doing the job, and there are no excuses country. Corps recruiting office and signed up if you don’t. May God bless the United States of for OCS. He went to Parris Island. We have done a lot of other things to America. From there, he went to Vietnam. On help our veterans and help our country. I yield back. the 12th month of his 13-month assign- I commit that we will continue to do so I suggest the absence of a quorum. ment, he was, unfortunately, killed by and make sure this Congress is as help- The PRESIDING OFFICER (Mr. a sniper in Vietnam. ful and beneficial as we can. DAINES). The clerk will call the roll. He went to Vietnam because he want- There are three quick things I want The senior assistant legislative clerk ed to represent his country, fight for to talk about. I want to thank the pri- proceeded to call the roll. his country, pay his price, and do his vate sector for its support of our vet- The PRESIDING OFFICER. The Sen- due diligence. Jack was a great man. erans. Morehouse School of Medicine in ator from Oregon. I have a bracelet on—two, as a mat- Atlanta, GA, is helping the Atlanta VA Mr. MERKLEY. Mr. President, I ask ter of fact. One is a bracelet for Matt now with our doctor shortage in the unanimous consent that the order for Cooper, a law enforcement officer who VA. Yes, we have a doctor shortage. We the quorum call be rescinded. was killed a couple of weeks ago. The need the doctors to do the jobs. Some The PRESIDING OFFICER. Without other one is for John McCain—John of these waiting times you have heard objection, it is so ordered. McCain, a former Member of this body, about from a lot of our veterans are NO INTERNMENT CAMPS ACT who a few weeks ago was buried at the not because we are making them wait Mr. MERKLEY. Thank you, Mr. Naval Academy, and his funeral was at because we are slow. We are making President. the National Cathedral. He was a pilot them wait because we don’t have Today I rise to bring attention to the in the Vietnam war and was captured. enough doctors. We are working on No Internment Camps Act. This is an He was held captive by the North Viet- joint ventures with medical schools to important bill to make sure that namese for 6 years. When he got out, he do so. America does not repeat the mistake of was badly wounded, badly injured, Seventy-two percent of the doctors in World War II and develop and expand badly hurt. He came back to the mili- the United States did a residency or an internment camps here in the United tary, rehabilitated himself, and went internship at the Veterans Administra- States of America. into the VA healthcare, and they reha- tion. It is the key training center of all One may think that this is some- bilitated him from his broken arms, his our doctors, and we have to expand thing that is farfetched, that of course broken back, and all the other prob- that and improve it. the United States would not establish lems he had. He ran for the U.S. Sen- On the appeals process for benefits, internment camps, but the fact is, we ate, came to the U.S. Senate, and was there are people who are having to wait already have 3, and the House passed a a star, as you know, in this Senate 2 and 3 years. We have one veteran bill to greatly expand those internment Chamber from the day he got in the whose case has been on appeal for 25 camps. We have 35 sponsors of a bill Senate until the day he died. He had a years. You can keep it on appeal as here in the Senate to expand intern- pervasive commitment to his country. long as you file new information every ment camps. We have the President He was exactly for our country what I year. He has found a way to file new in- issuing an Executive order asking Con- want all of us in the Senate to be for formation for every year. For 25 years, gress to expand internment camps. Re- this body—committed to the job, com- he has been putting something new in cently, the President put forward a mitted to the task, always ready, al- his file. He is blocking other veterans draft regulation to expand internment

VerDate Sep 11 2014 06:11 Oct 12, 2018 Jkt 089060 PO 00000 Frm 00006 Fmt 4637 Sfmt 0634 E:\CR\FM\G11OC6.007 S11OCPT1 dlhill on DSK3GLQ082PROD with SENATE October 11, 2018 CONGRESSIONAL RECORD — SENATE S6783 camps without the consent of Congress. So it turned out it was real. The ad- one in the world can justify inflicting So it is all very real. ministration was criminalizing a flight trauma on children to send a political Where did this story begin? It began, from persecution, a flight that our an- message. It is not acceptable under any as far as public awareness, on May 7, cestors know all too well, fleeing from moral code. It is not acceptable under when Attorney General Jeff Sessions civil war, from religious persecution, any religious tradition. But the dark gave a speech. He called this his zero- from famine to come here to the heart of this administration had tolerance policy. I listened to the de- United States of America and see that hatched this evil plan, and it was being scription of the zero-tolerance policy beautiful, welcoming Statue of Lib- implemented. on arresting people at the border, and I erty—‘‘Give me your tired, your poor, I went back 2 weeks later, on June 14, said: You know, when you take away your huddled masses yearning to and I went back with reinforcements— the fancy rhetoric, it sounds like he breathe free’’—but instead of that wel- other Members of Congress. We went to has criminalized families who are flee- coming embrace, prison for the parents that facility, and this time they granting persecution from overseas. I and, quite frankly, prison for the chil- ed a waiver and said: Yes, you may see thought, that is a pretty stunning situ- dren, separating them. what is going on. They allowed the ation because we in America often look I went from there up to Brownsville. press in as well. So we went in for a to Lady Liberty and the words in- I had been told by immigration advo- tour. scribed on the base or pedestal of Lady cates that many of these young men I asked ‘‘How many boys are here?’’ Liberty that say ‘‘Give me your tired, were being stuffed into a single build- thinking, at most a couple hundred. your poor, your huddled masses yearning up in Brownsville, a former They said: Well, we are now ready to ing to breathe free.’’ Walmart run by a nonprofit called put 1,500 boys in this facility, and we The idea that our Attorney General Southwest Key. I had asked permission are one busload short of filling it. is saying we are going to criminalize to visit this location, and I had been I think they said there were 1,467 flight from persecution—and it was told: No, no, no. You have to give 2 residents in this one building. found, furthermore, that they were weeks’ advance notice. They took me out to the outside going to immediately throw adults into They had a waiver system, so I asked area, where they had set up a soccer jail and rip away the children from for a waiver to be able to see what was field. They said: Isn’t this wonderful? their families. That is not possible. going on inside this former Walmart. We have a soccer field. That is not possible here in the United The waiver was turned down. Clearly Imagine how long it takes for nearly States of America. the administration did not want any 1,500 young boys to circulate through a So I arranged to go down to the bor- Member of Congress to see what was soccer field. der. I went down on June 3 and visited going on inside that building. They took me to a game room, and the McAllen processing center. The Since I was there in Texas, I drove up there was a broken Foosball machine. I McAllen processing center is a location the road to Brownsville and said: Well, thought, how long does it take 1,500 that the press had never been allowed I will just call them up when I get boys to circulate through a single bro- into, so they were stationed outside there and say, ‘‘Surely you have ken Foosball machine? Maybe there saying: What are you going to find in- enough members on your staff that one were a couple of them; I remember see- side? What are you going to see? What of them could come out and talk to me, ing one. They were very proud that is in there? or maybe one of them could give me a they had this soccer field and this I expressed surprise that the press tour of what is inside.’’ game room. here in America was excluded from this When I arrived and walked up to the I said: You know, you expanded so facility to see what was going on. door of this former Walmart, there was fast. At the beginning of the year, how I went in. I was given a tour. What I a phone number posted on the front of many boys did you have? found was pretty shocking—a room in it. I proceeded to call that phone num- They said: Well, we planned for 300. which huddled masses of families were ber and talk to the assistant to the su- We had 300 bedrooms and 300 boys. shoved into wire link cages with noth- pervisor of the facility. The assistant They said that 2 months ago, they ing but an aluminum foil Mylar blan- said: Yes, the supervisor would be had increased to 500, and now they have ket. Then in an adjoining larger space, happy to come out and talk to you. 1,500 or almost 1,500. a warehouse space, we saw larger I waited 10 minutes. No supervisor I asked: This rapid expansion—did cages, 30-by-30 foot cages where fami- appeared. I called again, and they said: you plan carefully for this? lies were being separated into fathers Oh, no, the supervisor is on his way. They said: Oh, yes. in one cage, mothers in another, Well, what the supervisor was really I said: Was there anything that you daughters in a third, and sons in a doing was waiting for the police to ar- needed that you fell short on? fourth. rive. They called the police to come The director of Southwest Key said: I stood in front of one 30-by-30 foot and arrest me. Very interesting—you Yes. We don’t have mental health chain link cage and said: These young are arrested for knocking on the door counselors, or at least we are short. boys, who are lining up by height to and asking to have a supervisor talk to I said: How many are you short? prepare for being fed; these young boys, you? Well, they didn’t arrest me. They They said: Ninety mental health with the smallest being just knee-high hadn’t actually formally asked me to counselors. to a grasshopper, maybe 4 years old; leave the property, but they certainly Ninety? Wow. That is a big shortfall. these young boys have been separated weren’t going to let me inside to see Realize that these boys were fleeing from their parents? what was going on or even talk to me persecution from overseas. So they had The answer was this: Well, Senator, about what they were doing. experienced trauma in their lives not all of them. Some of them arrived The immigration advocates have abroad, they probably experienced unaccompanied. said: We have heard a rumor that pos- trauma en route, and now they are ex- I said: But many of these boys in this sibly up to 1,000 young boys have been periencing the trauma of being ripped cage were taken away from their par- stuffed into that Walmart. I thought, away from their families and shuttled ents? that is not possible. As I was standing off to this warehouse. Yet there was no They said: Yes. there and talking to the press, I re- plan to have the mental health coun- I said: Well, where did that happen? peated that. I thought, I shouldn’t say selors needed for this population. This They said: Well, we brought the fam- this. I shouldn’t say this because that is one feature of the incompetence and ily in that door over there, and then, is so outlandish. Surely no administra- callousness of this administration in with some explanation, we said, ‘‘We tion would try to stuff 1,000 boys into implementing this policy. need to take your son away. We need to one building. Public outcry was significant. I take your daughter away. We need to So I was refused entry. I brought at- thank all Americans who participated take your spouse away.’’ tention to this scandalous child-separa- in that public outcry, saying that this And they were locked up in these tion strategy—this strategy of delib- is not our America—criminalizing a various locations inside that ware- erately inflicting trauma on children flight from persecution, locking people house. in order to send a political message. No up while they await asylum hearings—

VerDate Sep 11 2014 06:11 Oct 12, 2018 Jkt 089060 PO 00000 Frm 00007 Fmt 4637 Sfmt 0634 E:\CR\FM\G11OC6.023 S11OCPT1 dlhill on DSK3GLQ082PROD with SENATE S6784 CONGRESSIONAL RECORD — SENATE October 11, 2018 that is not our America and you must Fortunately, Members of this body Let us put an end to the prospect of stop. The courts said the same thing have come to their senses and rejected the administration expanding on its because it is actually illegal to lock up the language from the House estab- own, through Executive order, intern- children for more than 20 days under lishing internment camps, expanding ment camps in the United States. Let’s the Flores consent agreement. them, authorizing them. Fortunately, do so by passing the No Internment So President Trump sent a message. Members of the Senate have come to Camps Act. He sent an Executive order titled ‘‘Af- their senses and abandoned their ef- The PRESIDING OFFICER. The Sen- fording Congress an Opportunity to Ad- fort—for now, at least—to establish ator from Texas. dress Family Separation.’’ Oh, how permission, authorization, and funding REPUBLICAN AGENDA nice. The President is giving us an op- for internment camps, as well they Mr. CORNYN. Mr. President, after portunity to address family separation. should because it doesn’t fit the vision the vote was called on the Kavanaugh And what did the President ask for in of America: a nation where most of us nomination—I should say immediately that Executive order? He asked for us are the children of immigrants, if not before it—the minority leader, the Sen- to pass a law to overrule the Flores immigrants ourselves; a nation where ator from New York, told America that consent agreement and allow the ad- in our family tree we have individuals the most important thing they could ministration to establish family in- who fled persecution, religious persecu- do in response to that vote is go to the ternment camps. Imagine—family in- tion, who fled famine, who fled conflict polls in the midterm elections. It is ternment camps here in the United to be welcomed by the vision of the true that on November 6, Americans States. That is what the President was Statue of Liberty. will head to the polls and select their asking for, that is exactly what the The story, unfortunately, doesn’t end Members of Congress, including the House of Representatives passed, and here. The President has now issued a Senate, and as Ronald Reagan’s famous that is exactly what 35 Members of this draft regulation. That draft regulation speech said, it will be ‘‘a time for body have signed on to cosponsor—fam- says we in the executive branch are choosing.’’ ily internment camps in the United granting ourselves the authority to es- Many people are wondering how they States of America. That is absolutely tablish internment camps without per- should choose, how they should exer- wrong, it is absolutely unacceptable, mission or direction from Congress. cise that most fundamental privilege of and it is absolutely unneeded. Are you kidding me? A lengthy regu- American citizenship, and that is the You may say: Wait. You are saying lation designed to authorize them- right to vote. Should they choose to that the children shouldn’t be sepa- selves, without Congress acting, to es- vote for mob rule or do they choose to rated from their parents and that you tablish family internment camps is to- vote for the rule of law? Do they shouldn’t lock up families together, so tally out of sync with the traditions of choose to endorse threats, intimida- what do you propose, Senator America, with the values of America, tion, and incitement or do they choose MERKLEY? What do you propose that or the law as it exists under the Flores to treat everybody—no matter how we do? consent agreement. much you disagree with them—with Well, the answer is, we had a very Let me put this as simply as I can: dignity and respect? I believe those are good program. It was called the Family Children belong in homes and play- our choices. Case Management Program. This Fam- grounds and schools. They don’t belong I was very disappointed to hear the ily Case Management Program said behind barbed wire. I will fight as former Secretary of State Mrs. Clinton that when a family comes and is seek- fiercely as I possibly can any proposal say that you cannot be civil with a po- ing asylum, they will be placed into to put children behind barbed wire as litical party that wants to destroy the community and they will have in- they wait their asylum hearing. It is what you stand for and what you care tensive case management with some- wrong. It is morally wrong. It is, from about. She said civility is only possible body who speaks and writes their lan- a policy perspective, totally unjusti- if Democrats were to win back the guage, an individual who is in contin- fied, as was child separation. House or the Senate. In other words, uous contact with them, who makes That is why I am introducing the No her commitment to civility in our po- sure they know exactly when their Internment Camps Act. Let us not re- litical discourse is contingent upon po- check-ins are and how to attend them peat the mistakes of World War II. This litical outcomes. Did you notice the and who knows exactly when the court act ensures that no Federal dollars will verb she used? She used the word ‘‘de- hearing is and how to get to those be used for the operation and construc- stroy,’’ which I think is telling. court hearings. tion of family internment camps. It It is not that people may disagree So I wondered, did this work? How creates a 1-year phaseout of three fam- with her or her party, it is that people well did this program work? It turns ily detention centers currently in oper- who disagree with her want to destroy out that there is an inspector general ation, and it saves money from the what you stand for and what you care report from Homeland Security that family detention centers and transfers about. In other words, this mindset, I came out—I think the date was Novem- it to the Alternatives to Detention think, is very disturbing and should be ber 30, 2017. Here is what the inspector Program in order to reestablish the of concern to all of us who want to re- general found: ‘‘According to ICE, over- Family Case Management Program— store some civility, and decorum, and all program compliance for all five re- the program that had a 100-percent suc- bipartisan cooperation. gions is an average of 99 percent for cess rate in getting people to their We are going to have our differences, ICE check-ins and appointments, as hearings. Put money into programs there is no doubt about it. I welcome well as 100 percent attendance at court that work, not into prisons that afflict the opportunity to debate those dif- hearings.’’ So 100 percent—you can’t children. ferences. That is what the Senate is all get better than that. The Family Case There are many groups that have about, but there is a line we saw Management Program—the inspector said how important this is and have en- crossed last week during the confirma- general under this administration said dorsed the no internment camps legis- tion hearing. We learned it is our that there was 100 percent attendance lation: Japanese American Citizens Democratic colleagues, unfortunately, at court hearings. So if you hear a League, Human Rights Watch, Asian who have associated themselves with Member of the Senate say ‘‘Well, we Americans Advancing Justice, Wom- special interest groups that are willing are concerned about this catch-and-reen’s Refugee Commission, the Anti- to go to just about any length to lease because people don’t show up for Defamation League, the Asian Pacific achieve their desired ends. In other their hearings,’’ that is a lie. That is American Network of Oregon, the words, the ends justify the means. That inaccurate. American Immigration Lawyers Asso- includes climbing statues, disobeying That is inaccurate. If you hear the ciation of Oregon, Human Rights First, Capitol Police, getting arrested, chas- President saying, well, we are going to the Leadership Conference on Civil and ing Senators and their spouses from lock families up if they don’t appear Human Rights, Karen Korematsu, the restaurants, screaming at Members in for their court hearings, that is inac- daughter of Fred Korematsu, the lead elevators, sending coat hangers to Sen- curate. That is a lie. The inspector gen- plaintiff in the Supreme Court case ators at their offices, and offering what eral of this administration found 100 that challenged Japanese internment amounts to a bribe. That doesn’t sound percent attendance at court hearings. camps in World War II. very civil to me.

VerDate Sep 11 2014 06:11 Oct 12, 2018 Jkt 089060 PO 00000 Frm 00008 Fmt 4637 Sfmt 0634 E:\CR\FM\G11OC6.024 S11OCPT1 dlhill on DSK3GLQ082PROD with SENATE October 11, 2018 CONGRESSIONAL RECORD — SENATE S6785 Then you have former Attorney Gen- water systems across the country. It each month. She called tax reform a eral Eric Holder, who was captured on will also expedite, in my part of the no-brainer or what she referred to as video saying things that I, frankly, am world, an important coastal study and merely ‘‘common sense.’’ shocked about. You would think the authorize flood mitigation projects Then there is Claudia Smith, owner former head law enforcement officer back home. of the Aggieland Carpet One in College for the U.S. Government, the Attorney Then the President signed, just 2 Station, who told me earlier this year General, would understand the need to days before that—I am sure most of that she has been able to reinvest the be careful with your words and not this was lost in the furor over the savings she received under the new tax stoke the ambers of conflict and civil Kavanaugh nomination—but just 2 law to buy new equipment for her unrest, but apparently disregarding days before that, the President signed small business, as well as provide that, he intentionally poured gasoline another bipartisan bill I cosponsored healthcare coverage for her employees. on the fire. He said last week, it is time called the Justice Served Act that will She says she will also have enough left to ditch the old slogan ‘‘when they go provide funds to prosecute cold cases over to hire more people. low, we go high.’’ solved by DNA evidence obtained from Claudia’s story is the same one that He attributed that to Michelle rape kits. is being told all across the country. Obama, and good for her. Then, of course, there was the Su- More than 700 businesses have used the He said instead: ‘‘When they go low, preme Court confirmation last Satur- tax savings to benefit their employees we kick them.’’ day. and customers. They have announced That is what the new Democratic In the last 6 days, we have accom- pay raises, 401(k) match increases, cuts Party is all about. The Washington plished three major things: water infra- to utility rates, bonuses, and other Post has said Holder is proposing ‘‘the structure, funding cold case prosecu- benefits to American workers. party pursue a meaner, more com- tions, and filling Justice Kennedy’s These developments are just part of bative approach,’’ and noted he was al- seat on the U.S. Supreme Court. the reason this economy is growing luding to metaphorical violence. This I would say that is a pretty good again and why people have renewed is from the former Attorney General of week, but our record of success is much confidence and optimism in their fu- the United States. lengthier than that. Judge Kavanaugh ture. I believe former First Lady Michelle was far from the only Federal judge we As the majority leader reported yes- Obama rightfully condemned this ugly have confirmed. Last year, we con- terday, unemployment in this country and shameful statement. firmed another superb Justice, Neil has now fallen to 3.7 percent, which is Meanwhile, one Democratic Member Gorsuch. On top of that, we have con- the lowest rate since 1969. People are of the Senate has recommended activ- firmed 69 judges under President going back to work; they are earning ists get up in the face of your Trump. That includes three Texas more; they are keeping more of what Congresspeople. Another one has justi- judges on the Fifth Circuit Court of they earn; and they are investing. This fied mob rule as entirely appropriate to Appeals and four that preside over is what it looks like when that sleeping our current political situation. Texas district courts. giant of the American economy wakes We had members of the Senate Judi- Those numbers begin to show you up and is unleashed from the con- ciary Committee, during the that since President Trump took office straints of high taxation and overregu- Kavanaugh hearings, say: I am vio- in January of last year, we haven’t lation. lating the rules intentionally. I am re- taken our foot off the gas when it It is not just the economy that de- leasing committee-confidential infor- comes to doing the people’s work. serves mention. One of our accomplish- mation in violation of the rules, and, Under this Congress, we have con- ments has been repealing burdensome apparently, they were proud of it. firmed the most appellate judges ever regulations—I have mentioned that I hope the voters are listening. I during a President’s first 2 years. Of overregulation—and we have done that think they are. They are coming from course, these nominees, once con- through the Congressional Review Act. some of the most powerful voices of the firmed, have a lifetime tenure, so they Previously, it had only been used 1 Democratic Party, voices that could will be there long beyond this Presi- time, but we have used this device 16 represent you in the next Congress. dent’s term or maybe our term in the times to eliminate Agency rules which That is the choice—between incite- Congress. really had been the ropes that tied ment, intimidation, mob rule, or civil- Our work extends far beyond filling down that sleeping giant of the Amer- ity and treating people you disagree the courthouses of this country. What ican economy. It allowed it to come with, with the respect all of us are en- we have done, working together with roaring back. titled to in a democracy. the entrepreneurs and the investors We have repealed the Independent I don’t think the voters will reward a and the small businesses of America, is Payment Advisory Board under party that is spitting out this sort of we helped reenergize the state of the ObamaCare, which will allow seniors venom about what our politics should American economy. and their families to take greater con- be about: sowing division, alluding to This started with tax reform, which trol of their healthcare decisions with- violence, rejecting civility. Is that has been the biggest game changer. out being subject to the whims of what supposedly passes for leadership? This is the first major overhaul of the unelected bureaucrats. We have also Should the voters reward that in this Tax Code in 31 years. It lowered rates, eliminated the root of ObamaCare—the midterm election? I think our fore- doubled the child tax credit to help individual mandate. This was literally fathers would be shocked, but this elec- working families, and made American a coercion by the Federal Government, tion is about more than just the rhet- businesses more internationally com- forcing people to buy something that, oric. petitive. I am sorry we had to do that in many cases, they couldn’t afford, I think the voters also have a choice all by ourselves without a single Demo- and they didn’t want. when it comes to looking at who is in- cratic vote, but we thought it was so We literally made ObamaCare vol- terested in solving the problems that important to do that we stepped up, untary now so people have choices, but confront our country, who is willing to and we did it. I think the benefits are this was essentially a tax on some of work on a bipartisan basis together pretty manifest. the most disadvantaged people in the with the administration to make the Ms. PELOSI likes to say the savings country who were coerced into buying country a better place, more pros- individual taxpayers got were merely healthcare they didn’t want or couldn’t perous place, a safer place. All they ‘‘crumbs,’’ but I would like to tell her afford, and if they were unable to even need to do is look back at the last 22 about some of my constituents and do that, they were forced to pay a tax months. what they told me. or a penalty. Yesterday, for example, we passed a One of them, Kim Ewing from Mes- Recently, we have been accom- major water infrastructure bill that quite, wrote me and talked about how plishing a lot more for our men and will keep our communities safe by tax reform was hugely helpful because women in uniform, our intelligence of- maintaining dams and levees and ad- she hadn’t had a raise in 7 years. Now ficers, and our veterans. We have dressing drinking water and waste- she enjoys a boost in her paycheck helped restore America’s defense with

VerDate Sep 11 2014 06:11 Oct 12, 2018 Jkt 089060 PO 00000 Frm 00009 Fmt 4637 Sfmt 0634 E:\CR\FM\G11OC6.009 S11OCPT1 dlhill on DSK3GLQ082PROD with SENATE S6786 CONGRESSIONAL RECORD — SENATE October 11, 2018 the greatest investment in the military I understand why most Americans country. It still happens in China. It in decades, including the largest troop have not heard of all or many of these still happens in Russia. It happens, ob- pay raise in nearly 10 years. accomplishments, but I think it is im- viously, when it comes to Saudi Ara- We have reauthorized important in- portant to note what we have been able bia, Turkey, and other countries. telligence-gathering tools, like section to do while we have fought mightily We are different. I hope we are. The 702 of the Foreign Intelligence Surveil- over some things, like judicial nomina- reason we are different is because of 45 lance Act—a vital tool in tracking for- tions. words—45 words—that were written eign terrorists abroad who try to hurt We have also worked in a bipartisan over 200 years ago. They are worth re- us at home. way to get the people’s work done. I be- peating. These are 45 words that have For our veterans, we passed the VA lieve we have done so mainly by treat- guided our country and still should MISSION Act, which will make signifi- ing each other respectfully and by dem- guide us today. cant reforms to the Department of Vet- onstrating civility, not by yelling at I am going to take a minute to read erans Affairs by strengthening each other, by making threats, or in- them. It is the First Amendment to the healthcare and community care op- citing people to violence. That is not Constitution of the United States, the tions that are available to those who the American way. First Amendment to our Bill of Rights, have served our Nation in uniform. I am hopeful that after the scenes we credited to James Madison. Here is Last, but not least, is our series of saw here last week during the con- what it says: ‘‘Congress shall make no accomplishments. We have taken other firmation proceedings for the Supreme law respecting an establishment of re- important steps, like passing the Fed- Court, that the American people will ligion, or prohibiting the free exercise eral Aviation Administration Reau- reject that sort of conduct and demand thereof; or abridging the freedom of thorization Act just last week. It is that their elected officials act in a way speech, or of the press; or the right of legislation that modernizes our air- they can be proud of. the people peaceably to assemble, and ports, improves service for travelers, Yes, we put money back into Amer- to petition the Government for a re- enhances safety, and boosts industry ica’s pockets. We have rolled back reg- dress of grievances.’’ innovation. ulations to make their lives a little bit These are 45 words that distinguish Then, almost without anybody pay- easier. We have strengthened our mili- us from virtually every other country ing any attention at all, we passed a tary, given our veterans access to bet- in the world, where we expressly guar- huge bipartisan bill to address the ter healthcare, and protected our com- antee to ourselves and our posterity opioid crisis. Senator ALEXANDER, the munities from harm. freedoms that are fundamental to chairman of the Health, Education, As the minority leader, the Senator being an American. Labor, and Pensions Committee, ush- from New York, said right before the I have heard my friend the senior ered this bill through the House and confirmation vote on Judge Senator from Texas come to the floor repeatedly now to talk about what hap- the Senate, along with Senator MUR- Kavanaugh, the people need to vote. pened last week during the Kavanaugh PHY and others. It has contributions They will, I hope, exercise that fran- nomination and in the weeks before, from 70 Members of the Senate and 5 chise—that right of every American during the committee hearing, and standing committees. That takes a lot citizen to determine the direction of there were people who came to this of hard bipartisan effort, but it is im- our country and who will represent Capitol because of their intense per- portant because it combats the nation- them in the Halls of Congress. sonal and political feelings about that wide epidemic that has led to the death It is my sincere hope that they will nomination and what it meant to them of 49,000 Americans in just 2017 alone. remember some of these accomplish- personally and what they believed it We have done important work in ments we have made together during meant to the country. They brought terms of improving public safety by en- this administration and know we can their emotions to this place, and they acting a bill I sponsored and that was continue to do more for them in the fu- did it because they are guaranteed the supported by our colleagues here called ture. right to do it in this Constitution. I yield the floor. Fix NICS; that is, the National Instant Each of us is guaranteed the right to The PRESIDING OFFICER. The Sen- Criminal Background Check System. peaceably assemble and to petition the ator from Illinois. We also passed a bill sponsored by Sen- government for a redress of grievances. ator HATCH called the STOP School Vi- FREEDOM OF SPEECH The Senator from Texas has referred to olence Act. Mr. DURBIN. Mr. President, this this as ‘‘mob rule.’’ I will tell you, if The Fix NICS bill helped fix our bro- morning the front page of the Wash- you believe these 45 words and what ken background check system and en- ington Post tells the story about our the First Amendment in the Bill of sures that criminals aren’t able to pur- intelligence agencies intercepting some Rights instructs us in terms of this de- chase or possess firearms after they are communications among the Saudi Gov- mocracy, then it gives these people— convicted. ernment officials. It appeared they all people in this country—the right to In the wake of the Texas shootings at were exchanging information about speak, the right to express their opin- Santa Fe and Sutherland Springs, we how to lure a man named Khashoggi ion, and the right to petition their gov- know there were a lot of people crying back into Saudi Arabia. Khashoggi is a ernment for a redress of grievances. out for Congress to do something, and person who has been openly critical of Now, of course, that should never— this was the one thing we could all the Saudi Arabian leadership. He has never—condone violence nor the incite- agree to, on a bipartisan basis, across published articles around the world, in- ment to violence. That is where we the ideological spectrum. These two cluding in the Washington Post. must draw the line. bills—mine and Senator HATCH’s—are a We have a video that shows Mr. If you are going to stand and defend part of the way we have answered that Khashoggi entering the Saudi con- this article of the Constitution, which call. sulate in Istanbul, Turkey. We have no we have all taken an oath to defend, We have tried to protect our young video that shows him exiting that same then you are going to defend the right people—especially women—in another building. He has disappeared. of individuals to speak in this country important way as well. We enacted This intelligence data, as well as and say things that are unpopular and what is known as SESTA, the Stop En- other information, leads us to believe maybe even unacceptable to you per- abling Sex Traffickers Act. This legis- he has been assassinated—assassinated sonally. lation by the junior Senator from Ohio because he was critical of the leader- I have found myself in that position, helps to stop online trafficking and ship of the Saudi Arabian kingdom. gritting my teeth and thinking I wish adds to a bill I sponsored called the That is what happens in a country of to heck that person wasn’t saying what Abolish Human Trafficking Act. It authoritarian rule that does not pro- they were saying, but they have a con- strengthens programs and supports sur- tect the right of dissent. stitutional right to do so. They don’t vivors of human trafficking and pro- We see it over and over in history— have a constitutional right to be vio- vides resources to law enforcement of- strong authoritarian rulers can’t stand lent or to incite to violence. ficials on the frontlines of the fight dissenters. Many of them are killed, I might add, I think they cross the against modern-day slavery. imprisoned, tortured, or run out of the line when they go after politicians’

VerDate Sep 11 2014 06:11 Oct 12, 2018 Jkt 089060 PO 00000 Frm 00010 Fmt 4637 Sfmt 0634 E:\CR\FM\G11OC6.010 S11OCPT1 dlhill on DSK3GLQ082PROD with SENATE October 11, 2018 CONGRESSIONAL RECORD — SENATE S6787 family members and others. That There are limits to speech. The Americans safe, failing to address cli- clearly crosses the line. I have seen it courts have talked about this for 200 mate change will inundate our military happen in my political life, and I am years. But let us never forget that the bases and installations, and it will insure all my colleagues can tell a simi- first 45 words of the Bill of Rights cite international conflicts and put our lar story. guarantees to us the right of free military—the men and women serving To call this mob rule is to take the speech, peaceful assembly, and the our country—at risk in terms of readi- actions of a few and to really use those right to petition our government for ness, operations, and strategy. as a standard to judge everyone. That redress of grievances. The fact is, no one can claim to be se- is fundamentally unfair. There were CLIMATE CHANGE rious about our national security if we people on both sides of the Kavanaugh Madam President, on Monday, two don’t face the reality of climate nomination who had intense, strong things were made clear. This last Mon- change. That isn’t a declaration by the personal feelings and used their con- day, we came to realize that we need to Sierra Club or some liberal Democratic stitutional rights under the Bill of take immediate action—immediate ac- Senator; it is a declaration of our de- Rights to express that. They did it tion—to deal with human-caused global fense community. peaceably. They did it in a construc- warming. Secondly, American innova- We will continue to face weakened tive way. As far as I am concerned, tion has already given us many of the states and unprecedented refugee mi- they have a constitutional right to do tools to do so. gration in the decades to come if we ig- it. I know there are those who think nore this reality. For those who crossed the line, they that climate change is an issue that There is good news, though. We have need to accept whatever consequences will only affect us in the far-distant fu- the tools and the technology to prevent come their way. For some, it means ture or that the challenge is so big that this dystopian future, and the United being arrested and maybe more, but for we can’t really do much about it, but States can lead in this effort. America those who complied with this article in the truth is that we are already dealing is already showing the world how to re- the Bill of Rights, I think we all ought with the effects of climate change, and duce emissions and grow our economy to stand up and say, regardless of we have it within our power to address by increasing energy efficiency meas- party, this is the Constitution both them with technology that already ex- ures and renewable energy usage and parties swore to uphold. ists. switching to electric vehicles. To say that what happened last Earlier this year, rainstorms and Think about the gains we have made, week—even in this Chamber and even melting snow caused flooding across the progress that has been made when in this Gallery here—is really the my State of Illinois. More than 20 it comes to the fuel efficiency of the whole story is ignoring the obvious. counties throughout the State were cars and trucks we drive today. There When the Senator from Texas asks was a time in the Senate not that long about mob rule, my response is to say placed under flood warning. As the water level of rivers continued to rise, ago when Detroit automobile and truck three words: ‘‘Lock her up.’’ manufacturers were in complete de- This week in Iowa, the President held several communities in Illinois had to nial. They said that there is just no a rally. During the course of that rally, evacuate their homes for their own way to hit these targets in terms of he was critical of the senior Senator safety. Illinois farmers know all too miles per gallon. We are doing it, and from California. As he was critical of well that changing weather is impact- we see it every day. It is the same her, the people attending the rally ing the way they farm and the crops started chanting ‘‘Lock her up. Lock they produce. American innovation that can power us her up,’’ referring to my colleague from As I speak, recovery efforts are al- to make the far-reaching transitions in California. ready underway after Hurricane Mi- energy and infrastructure we need to I am sure the Senator from Texas chael left the Panhandle region of limit our emissions to meet the rec- heard about this. I hope that when he Florida in ruins. Our hearts go out to ommendations of this United Nations heard about it, he realized that an in- the families who are waking up this panel. citement to hold someone criminally morning and don’t know whether their On Monday, the Nobel Prize in eco- liable for using their office in a legal loved ones are safe or whether they nomics was given to two Americans— way really steps over the line. have a home to return to. William Nordhaus and Paul Romer—for Let’s be honest about this. In the last Earlier this summer, in the western their work on innovation, climate, and 2 years, we have seen a coarsening of part of our country, we saw vast acre- economic growth. Their work shows the rhetoric in politics in America. age destroyed by wildfires, and it has that addressing climate change can be Things are being said now that have been one year since Hurricane Harvey an incredible opportunity for job never been said before. Oh, they were hit Texas and Hurricane Maria dev- growth and new investments in Amer- said in private or maybe on some astated the entire island of Puerto ican competitiveness. New jobs can be website, but now they are being said Rico. created designing more efficient solar openly on a regular basis. It is obvious to anyone that natural panels, wind turbines, and batteries, as If someone speaks up at a rally, to disasters are becoming more powerful, well as manufacturing the components have a Presidential candidate say: Let more costly, and more deadly, and it is for export all over the world. the crowd take care of that, and I will time we take climate change’s role in If you visit downstate Illinois—an pay the legal fees of whoever does it— causing them seriously, or it will get area which is one of our most bountiful that happened. It suggests to me a worse. agricultural areas—you can’t help but coarsening of our rhetoric in this polit- On Monday, the United Nations be struck by the number of wind tur- ical world that we live in that is not Intergovernmental Panel on Climate bines that have been built all around conducive to a civilized and construc- Change released a report stating that my State. The farmers love it because tive democracy. As the Senator from we have just over a decade—less than they are receiving monthly checks for Texas suggested, we need to really re- 10 years—to drastically reduce our car- the wind turbines located on their ward civility, and we need to show it bon emissions if we want to maintain property, and the wind turbines are ourselves in the things we say and do life on Earth as we know it today. It is generating electricity for nearby com- as Members of the U.S. Senate. an ominous warning but a serious one. munities without polluting. Twenty No, I don’t think it is evidence of The U.N. report states that we must re- years ago, no one would have thought mob rule in America. It wasn’t a mob duce global emissions by 45 percent by of that as a serious alternative. Today, that voted here on the floor of the Sen- the year 2030 and reach net zero emis- it is. It is an alternative renewable ate. One hundred Senators voted, as sions by 2050 if we want to avoid a source of energy that is not going to the Constitution requires us to do, and world where deadly storms, make the world worse for future gen- we did it in an orderly, democratic unbreathable air, widespread famine, erations. way, regardless of whether you agree and multiyear droughts become the There was a Paris Agreement in with the outcome. The mob didn’t rule; norm. terms of setting global goals that all the Constitution ruled, and the Con- According to the national security the countries in the world would sign stitution needs to continue to rule. community that we count on to keep up for to reduce carbon emissions and

VerDate Sep 11 2014 06:11 Oct 12, 2018 Jkt 089060 PO 00000 Frm 00011 Fmt 4637 Sfmt 0634 E:\CR\FM\G11OC6.011 S11OCPT1 dlhill on DSK3GLQ082PROD with SENATE S6788 CONGRESSIONAL RECORD — SENATE October 11, 2018 to work together to develop a world- The PRESIDING OFFICER. The Sen- in the evolution and integration of air- wide clean energy economy, and 195 ator from Kansas. craft materials and technologies by countries—every country in the Mr. MORAN. Madam President, I ask providing valuable research to validate world—has agreed to this Paris Agree- unanimous consent to speak. the safety and integrity of new aircraft ment and signed on, including the The PRESIDING OFFICER. Without to the general public. United States. However, last year objection, it is so ordered. This bill helps close the skills gap for President Trump decided that the FAA REAUTHORIZATION the aviation workforce. Senator INHOFE United States would step away from Mr. MORAN. Madam President, I am and I have worked to provide legisla- the rest of the world, step away from here to speak and once again highlight tion to create a pilot program within our allies and trading partners, and the importance of aviation to my the FAA through which grants would leave this agreement. State, to the country, and to the world, be authorized to support tech edu- When I think about the decisions but also to point out the significance of cation and career development. The being made by this Trump administra- the 5-year FAA reauthorization bill the grants would encourage collaboration tion, this may be one of the most long- Senate passed last week. I have come between businesses, schools, and local term, disastrous decisions he has made. to the floor many times on this topic. governments, and these entities would To think that this great Nation, with I am pleased to be here today to tell develop innovative workforce programs its great economy, its great technology about the many wins that are included to help close the skill gap in the aero- and innovation, would step away from in this legislation. They are beneficial space industry. an agreement that every country in to the country, and they are certainly The FAA Reauthorization Act re- the world has signed to deal with our beneficial to my home State. duces regulatory barriers for edu- climate challenges is unthinkable. I am most pleased to highlight the cational use of drones—unmanned aer- I hope that after this week’s an- fact that this legislation does not in- ial vehicles or systems. Last Congress, nouncement from the United Nations, clude—excluded from this legislation I was co-lead on this legislation with at least someone at the White House are any efforts to privatize our Na- Senator PETERS of Michigan to reduce will have second thoughts about this tion’s air traffic control system. barriers for the use of small UASs at disastrous decision. We should not give Kansas is the air capital of the world institutions of higher education. This up U.S. leadership and risk the world and for good reason. Kansans have bill accelerates the safe integration of moving forward without us. If we step built three out of every four general innovative UAS technology, another aside from this responsibility, others aviation aircraft since the Wright significant development. will step into our place—starting with brothers’ first flight at Kitty Hawk. This legislation strengthens the Fed- China—leading the rest of the world Today, over 40,000 Kansans make a liv- eral Contract Tower Program. Kansas outside of the United States into new ing manufacturing, operating, and is home to eight air traffic control tow- technology innovations to deal with servicing the world’s highest quality ers that participate in FAA’s FCT Pro- climate change. airplanes. I cannot overstate the im- gram, which provides important safety It is clear that it is in America’s best portance of this reauthorization and services at small airports nationwide interest to take immediate action to the stability it provides to the aviation in a cost-effective manner that saves limit our greenhouse gas emissions and community. the taxpayers $200 million annually. face the realities of climate change We are doing something that we have This FAA reauthorization includes sev- head-on. Will it result in a change in been unable to do for years: a long- eral reforms that strengthen the Con- our lifestyle? Perhaps, but only on the term FAA reauthorization. In the on- tract Tower Program, and I am pleased margins. Is it worth it? This weekend, going efforts to pass the long-term bill, to be able to report that. I am going to get a treat: I get to visit Republicans and Democrats in both It provides access and flexibility for my grandkids. They are 7 years old, Chambers of Congress have found com- additional airport construction fund- twins, a little boy and a little girl, and mon ground and consensus among the ing. Again, this is something that is I have a lot of fun with them. I think entire aviation community on a wide important in all of our communities about what I do for a living and how it range of important issues. The chair- that have an airport. How do we make might impact the world they will live man of the Commerce Committee, Sen- certain that we have the latest infra- in for years to come. I would like to let ator THUNE from South Dakota, as well structure available for safe flights to them know that I am doing my part in as the ranking member, Senator NEL- and from our airports? the Senate and others are doing their SON from Florida, deserve credit for the It improves child safety on commer- part in Washington to leave them a bipartisan manner in which they have cial airlines, legislation that Senator world that they can live in—one that is worked through the FAA reauthoriza- SCHATZ from Hawaii and I introduced not compromised by the selfishness and tion process in recent years and their to advance the safety of children who political agendas we see today. efforts to negotiate a final piece of leg- fly with their parents. The livelihood of people in my State, islation with the House that was strong This bill reauthorizes the FAA’s Es- including the farmers in my home of Il- enough to receive 93 votes in the Sen- sential Air Service Program, con- linois, depend on us. ate. necting rural airports to the national The PRESIDING OFFICER (Mrs. I am pleased that included in this system. That is something which is im- FISCHER). All time has expired. legislation are numerous provisions portant to many of us who represent Mr. DURBIN. Madam President, I ask that I have introduced and supported rural States. unanimous consent for 60 additional and advocated for since the reauthor- It safeguards small airports in the seconds. ization process began, and I look for- event of sudden loss of commercial The PRESIDING OFFICER. Without ward to sharing these accomplishments service. objection, it is so ordered. in short fashion. I thank the many Last Congress, I sponsored the Small Mr. DURBIN. The livelihoods of aviation and aerospace leaders in my Airport Regulatory Relief Act that is farmers in my home of Illinois depends State for informing my work on this included in this legislation. It is to on our acting and preventing an end- topic. make certain that certain airports, less cycle of historic storms, floods, First, the FAA reauthorization bol- such as the Hays Regional Airport and and droughts, causing millions of dol- sters FAA manufacturing by stream- the Liberal Mid-America Regional Air- lars in damage and crop loss. We have lining the aircraft certification proc- port, would not lose Federal Airport a moral obligation to our kids and ess. Improvement Program funding due to grandkids to leave future generations With the short amount of time before inconsistent commercial service with a planet that is not plagued by a vote, I will highlight these for the through no fault of their own. catastrophic drought, famine, RECORD. Unfortunately, regional airlines con- wildfires, hurricanes, and sea level rise. In addition, it authorizes the FAA tinue to struggle because of a lack of We have the tools, and we know how to Center of Excellence for Advanced Ma- pilots. There is a pilot shortage, and do it. It is time we rise to the chal- terials at Wichita State University. our airports and the traveling public lenge. This research has played a critical role ought not be damaged as a result of the

VerDate Sep 11 2014 06:11 Oct 12, 2018 Jkt 089060 PO 00000 Frm 00012 Fmt 4637 Sfmt 0634 E:\CR\FM\G11OC6.012 S11OCPT1 dlhill on DSK3GLQ082PROD with SENATE October 11, 2018 CONGRESSIONAL RECORD — SENATE S6789 inability of the airlines to hire a suffi- their interests and not big-monied spe- Senate the pending cloture motion, cient number of airline pilots. cial interests. I do not believe that Mr. which the clerk will state. It also increases the fairness and re- Clark is that person, and I will be vot- The assistant bill clerk read as fol- duces regulation for general aviation ing against his nomination. lows: projects and activities. This is legisla- The PRESIDING OFFICER. Under CLOTURE MOTION tion that was originally introduced, the previous order, all postcloture time which I am a sponsor of, called the is expired. We, the undersigned Senators, in accord- The question is, Will the Senate ad- ance with the provisions of rule XXII of the FLIGHT Act. It effectively targets AIP Standing Rules of the Senate, do hereby funding to general aviation airports vise and consent to the Clark nomina- move to bring to a close debate on the nomi- and provides those airports with flexi- tion? nation of Eric S. Dreiband, of Maryland, to bility on their use of passenger facility Mr. ROUNDS. Madam President, I be an Assistant Attorney General. charges. It has a provision that fosters ask for the yeas and nays. Mitch McConnell, James Lankford, John the exchange of aircraft through fair The PRESIDING OFFICER. Is there a Hoeven, James M. Inhofe, Johnny Isak- regulatory treatment in airplane joint sufficient second? son, David Perdue, John Cornyn, Steve ownership—again, another small but There is a sufficient second. Daines, John Barrasso, Mike Rounds, Thom Tillis, Lamar Alexander, James important development. It includes The clerk will call the roll. The senior assistant legislative clerk E. Risch, Jeff Flake, Richard Burr, Roy provisions that preserve the Contract Blunt, Deb Fischer. Weather Observers Program, some- called the roll. thing that was at risk over the last Mr. CORNYN. The following Senator The PRESIDING OFFICER. By unan- several years. is necessarily absent: the Senator from imous consent, the mandatory quorum There are many things to highlight Florida (Mr. RUBIO). call has been waived. in this legislation. I would also point Further, if present and voting, the The question is, Is it the sense of the out that it has provisions to help pro- Senator from Florida (Mr. RUBIO) Senate that debate on the nomination vide for talented women in the aviation would have voted ‘‘yea.’’ of Eric S. Dreiband, of Maryland, to be workforce and facilitate their recruit- Mr. DURBIN. I announce that the an Assistant Attorney General shall be ment. Women currently comprise only Senator from North Dakota (Ms. brought to a close? 4 percent of flight engineers, 6 percent HEITKAMP) and the Senator from Flor- The yeas and nays are mandatory of pilots, and 26 percent of air traffic ida (Mr. NELSON) are necessarily ab- under the rule. controllers, representing a huge un- sent. The clerk will call the roll. The PRESIDING OFFICER. Are there tapped pool for talent in the aviation The assistant bill clerk called the any other Senators in the Chamber de- industry. roll. siring to vote? I am grateful to my colleagues for Mr. CORNYN. The following Senator coming together and creating this com- The result was announced—yeas 52, nays 45, as follows: is necessarily absent: the Senator from promise bill that will have a positive Florida (Mr. RUBIO). and immediate effect upon the econ- [Rollcall Vote No. 228 Ex.] YEAS—52 Further, if present and voting, the omy and the Kansas aviation commu- Senator from Florida (Mr. RUBIO) Alexander Gardner Murkowski nity. It is a good day for the Senate, it would have voted ‘‘yea.’’ is a good day for Congress, it is a good Barrasso Graham Paul Blunt Grassley Perdue Mr. DURBIN. I announce that the day for the country, and it is especially Boozman Hatch Portman Senator from North Dakota (Ms. a good day for me and for Kansans. Burr Heller Risch HEITKAMP) and the Senator from Flor- I yield the floor. Capito Hoeven Roberts Cassidy Hyde-Smith ida (Mr. NELSON) are necessarily ab- NOMINATION OF JEFFREY CLARK Rounds Collins Inhofe Sasse sent. Mr. VAN HOLLEN. Madam Presi- Corker Isakson Scott Cornyn Johnson The PRESIDING OFFICER (Mr. dent, Mr. Clark’s nomination is yet an- Shelby Cotton Kennedy SASSE). Are there any other Senators other example of the Trump adminis- Sullivan Crapo Kyl in the Chamber desiring to vote? tration nominating individuals to lead Cruz Lankford Thune government offices whose missions Daines Lee Tillis The yeas and nays resulted—yeas 50, Enzi Manchin Toomey nays 47, as follows: they have opposed. Wicker Ernst McCaskill [Rollcall Vote No. 229 Ex.] The Environment and Natural Re- Fischer McConnell Young sources Division of the Department of Flake Moran YEAS—50 Justice is uniquely charged with the NAYS—45 Alexander Flake Murkowski ‘‘stewardship of the nation’s natural Barrasso Gardner Paul Baldwin Gillibrand Peters Blunt Graham Perdue resources and public lands.’’ Yet, in the Bennet Harris Reed Boozman Grassley Portman face of the overwhelming evidence of Blumenthal Hassan Sanders Burr Hatch Risch Booker Heinrich Schatz climate change, Mr. Clark says the Capito Heller Roberts science is debatable. It isn’t, and this is Brown Hirono Schumer Cassidy Hoeven Cantwell Jones Shaheen Rounds not the time to have someone in this Collins Hyde-Smith Sasse Cardin Kaine Smith Corker Inhofe Scott position who refuses to acknowledge Carper King Stabenow Cornyn Isakson Shelby facts and confront the costs and risks Casey Klobuchar Tester Cotton Johnson Sullivan Coons Leahy Udall Crapo Kennedy of inaction. Cortez Masto Markey Van Hollen Thune In addition, like many Trump nomi- Cruz Kyl Donnelly Menendez Warner Daines Lankford Tillis nees, Mr. Clark is skeptical of the long- Duckworth Merkley Warren Enzi Lee Toomey standing Chevron doctrine which states Durbin Murphy Whitehouse Ernst McConnell Wicker Feinstein Murray Wyden that courts must give deference to Fischer Moran Young NOT VOTING—3 agency regulations because agencies NAYS—47 Heitkamp Nelson Rubio are staffed with subject matter experts Baldwin Harris Peters and that judges, who are only supposed The nomination was confirmed. Bennet Hassan Reed to interpret the law, are not qualified The PRESIDING OFFICER. Under Blumenthal Heinrich Sanders to substitute their opinions. Large cor- Booker Hirono Schatz the previous order, the motion to re- Brown Jones porate polluters frequently challenge Schumer consider is considered made and laid Cantwell Kaine Shaheen EPA regulations designed to safeguard upon the table. The President will be Cardin King Smith our waters, endangered species, and immediately notified of the Senate’s Carper Klobuchar Stabenow Casey Leahy Tester natural resources, and we need a per- action. Coons Manchin Udall son in this position who will side with Cortez Masto Markey f Van Hollen Donnelly McCaskill the scientists and public health ex- Warner perts, not big polluters. CLOTURE MOTION Duckworth Menendez Durbin Merkley Warren Americans deserve an associate at- The PRESIDING OFFICER. Pursuant Feinstein Murphy Whitehouse torney who is committed to protecting to rule XXII, the Chair lays before the Gillibrand Murray Wyden

VerDate Sep 11 2014 06:11 Oct 12, 2018 Jkt 089060 PO 00000 Frm 00013 Fmt 4637 Sfmt 0634 E:\CR\FM\G11OC6.014 S11OCPT1 dlhill on DSK3GLQ082PROD with SENATE S6790 CONGRESSIONAL RECORD — SENATE October 11, 2018 NOT VOTING—3 what many of us believe may be the gress and the President, who has been Heitkamp Nelson Rubio last time that he is in a courtroom. I very helpful to this point, and Sec- The PRESIDING OFFICER. On this hope President Erdogan and their jus- retary of State Pompeo that absent a vote, the yeas are 50, the nays are 47. tice system find justice for Pastor just outcome for Pastor Brunson, we The motion is agreed to. Brunson. What that justice looks like will have to take a look at how we can to me, regardless of whatever conclu- continue to fight for justice. I sincerely f sion the Turkish courts draw—inno- hope I will never have to go down that EXECUTIVE CALENDAR cence or guilt—is that they simply path. complete the judicial process in Tur- Over the next 24 hours, Pastor The PRESIDING OFFICER. The key and return Pastor Brunson and his Brunson is scheduled to be in a court- clerk will report the nomination. wife Noreen back to the United States, room—within about the next 16 hours. The bill clerk read the nomination of most likely back to Western North I hope the American people will keep Eric S. Dreiband, of Maryland, to be an Carolina. him in their prayers. I hope the Turk- Assistant Attorney General. I visited Pastor Brunson in a Turkish ish people and the Turkish leadership The PRESIDING OFFICER. The Sen- prison about 6 months ago, after I will do the right thing—and the right ator from North Carolina. heard he was concerned that once the thing is having Pastor Brunson and No- CALLING FOR THE RELEASE OF PASTOR ANDREW indictment was issued against him, the reen come home. BRUNSON American people would read that in- Thank you. Mr. TILLIS. Mr. President, I am here dictment and just forget about him. It The PRESIDING OFFICER. The Sen- for what I hope will be the last time to was important for me to go to Turkey, ator from Arizona. talk about a subject I have come to the to go to that Turkish prison just out- UNANIMOUS CONSENT AGREEMENT—EXECUTIVE floor and discussed virtually every side of Izmir, Turkey—one of the major CALENDAR week we have been here since I went cities in Turkey—and look him eye to Mr. FLAKE. Mr. President, I ask and visited a man who has been in a eye and say: I will never forget you. unanimous consent that all postcloture Turkish prison since October 7, 2016. Since that meeting, and after that time on the Dreiband nomination ex- His name is Andrew Brunson. He is a meeting in prison, we had some 70 pire at 2 p.m. today and that the Sen- Presbyterian minister from North Members of the U.S. Senate from both ate vote on confirmation of the Carolina who, in 2016, under emergency sides of the aisle sign on to a letter to Dreiband nomination with no inter- orders in Turkey, President Erdogan send a very clear message to Pastor vening action or debate; further, that if ended up ordering the arrest of a num- Brunson that we are not going to for- confirmed, the motion to reconsider be ber of people, many of whom I think get him and also a very clear message considered made and laid upon the were probably involved in the illegal to Turkey that there will be a con- table and that the President be imme- coup attempt. sequence if we have a miscarriage of diately notified of the Senate’s action. To the extent that evidence dem- justice in this case. The PRESIDING OFFICER. Is there onstrates they were, they should be I went back to the Turkish court- objection? held accountable for their actions, but, room almost 2 months after I met him Without objection, it is so ordered. unfortunately, thousands of people— in prison, and I saw firsthand how the GUARDIANS OF DEMOCRACY journalists, people of faith, and a num- Turkish justice system works. It is not Mr. FLAKE. Mr. President, there are ber of other people who were in the like ours, which is largely devoid of no more consequential words spoken wrong place at the wrong time, like a any political influence or what I view than those spoken by the President of NASA scientist who already spent 21⁄2 as completely devoid of political influ- the United States. years in prison—were also arrested. ence. The President can’t call a judge The words of a President reverberate They were also put in prison. and tell them to put their thumb on around the world like no other world In the case of Pastor Brunson, he the scale of justice here in the United leader’s, and as attentive as Americans spent almost 17 months in a Turkish States, but sometimes it looks that are to what our President says, the rest prison, in a cell designed for 8 people way in Turkey. of the world is probably paying even that had 21 people in it. None of the I am asking President Erdogan, the closer attention, as it is often their others were even English-speaking. Turkish judiciary, the Foreign Min- fate that hangs in the balance when Then, about 17 months into it, he had isters, and the others I have spoken our President speaks. an indictment against him. It was with over the past several months: Americans can ignore certain utter- about a 70-page document. It is a docu- Please, let’s have justice for Pastor ances from the President. The rest of ment I have read. Quite honestly, I Brunson. Regardless of what the out- the world often has no such luxury. don’t think a first-year law student or come is tomorrow in the courts, get Another audience for Presidential ut- a magistrate anywhere would consider him home. I hope that happens tomor- terances is the despot, the strongman, the allegations in this indictment as row or early next week. the authoritarian, and the dictator. worthy of any prosecution—certainly If, on the other hand, his hearing is From this President, that horrible not enough to keep somebody in our continued again or he is found guilty focus group has received a great deal of U.S. justice system in prison over- and is likely to be sentenced to 35 sustenance. night, let alone now 734 days. years, I will have to take a different In fact, the oppressors of the world The 2-year anniversary was just on tack—a tack very similar to what we have taken to parroting some of their Sunday. I called Pastor Brunson Sun- took in putting a provision in the Na- favorite lines from the White House. day morning to speak with him, to see tional Defense Authorization Act, real- Anything critical of their regimes has how he is doing and how his wife No- ly questioning our long-term relation- become ‘‘fake news,’’ and the press is reen is doing. Noreen has been in the ship with Turkey in terms of sharing the ‘‘enemy of the people,’’ just to country the whole time because she is technology with the Joint Strike name two of our President’s greatest afraid that if she leaves the country, Fighter. When we went through that hits. they will not let her come back. process, we identified a number of As I mentioned in this Chamber in After the last hearing, the Turkish other measures where I believe we can January of this year, a State official in officials allowed Pastor Brunson to be get strong support in the House and Myanmar recently said: placed under house arrest. He can’t Senate that would take our relation- There is no such thing as Rohingya. It is leave his house. He has an electric ship with Turkey in the wrong direc- fake news. monitor, but the fact is, he is still in- tion. He was, of course, referring to the carcerated. He is still worried about I want Turkey to be a strong NATO persecuted ethnic group. the very real possibility that he could ally. I want Turkey to be a strong trad- In February of last year, Syrian be convicted for up to 35 years in pris- ing partner. I want the Turkish people President Bashar al-Assad brushed off on. to have a vibrant economy, but at the an Amnesty International report that The reason I hope this is the last end of the day, I will have to be moti- some 13,000 people had been murdered speech I have to give is, tomorrow is vated to convince the Members of Con- in his military prisons by saying:

VerDate Sep 11 2014 06:11 Oct 12, 2018 Jkt 089060 PO 00000 Frm 00014 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.002 S11OCPT1 dlhill on DSK3GLQ082PROD with SENATE October 11, 2018 CONGRESSIONAL RECORD — SENATE S6791 You can forge anything these days. We are uals who are members of the Arkansas diers, as well as worked to equip mis- living in a fake news era. Black Hall of Fame, represent diverse sions in Syria and Afghanistan. In the Philippines, President Rodrigo areas of advocacy, interest, and exper- Today he serves at the Pentagon as Duterte has complained of being ‘‘de- tise. More than 150 people are part of the Deputy Chief of Staff in the U.S. monized’’ by ‘‘fake news.’’ Last year, this select group because of their con- Army, overseeing logistics. He is an in- according to a news report, with our tributions to American culture and Ar- dividual I have really enjoyed getting President ‘‘laughing by his side,’’ kansas history. to know and working with, and he is Duterte called reporters ‘‘spies.’’ This year, six individuals will join certainly somebody we can be very, In July 2017, Venezuelan President this distinguished group when they are very proud of. Nicolas Maduro complained to the Rus- inducted on Saturday, October 27, 2018. Darrell Walker’s name is synony- sian propaganda outlet that the world I want to take a moment to recognize mous with Arkansas basketball. He media had ‘‘spread lots of false the inductees and their accomplish- played at the University of Arkansas— versions, lots of lies’’ about his coun- ments. Fort Smith before transferring to play try, adding: ‘‘This is what we call ‘fake Kevin Cole is a renowned mixed- for the Razorbacks for three seasons. news’ today, isn’t it?’’ And on and on. media visual artist from Pine Bluff, He helped the team reach the Sweet 16 This feedback loop is appalling. AR. He graduated from the University in 1981 and 1983. He ranks 18th all-time We are in an era where the authori- of Arkansas at Pine Bluff with a degree on the Razorback’s scoring list. tarian impulse is reasserting itself to in art education and continued his edu- Following a successful collegiate ca- challenge free people and free societies cation, earning advanced degrees from reer, he was drafted 12th overall by the everywhere. We cannot give convenient the University of Illinois at Urbana- New York Knicks and was named to language to authoritarians, language Champaign and Northern Illinois Uni- the 1984 NBA All-Rookie Team. He that is used against their own people. versity. played in the NBA for 10 years, includ- Now, with the apparent brutal mur- His artwork often reflects the history ing winning a championship with the der of journalist Jamal Khashoggi, of racial violence and social issues. Chicago Bulls in 1993. some of the real enemies of the people When he was 18 years old, after Cole ex- Walker has continued his involve- and enemies of freedom seem to have pressed his reluctance to vote, his ment in basketball as a coach for col- taken license to eliminate a man their grandfather told him the story of Afri- lege teams and in the NBA. Earlier this regime viewed as a threat. can Americans who were lynched by year, he became head coach of the Uni- We need to know exactly what hap- their neckties on their way to vote. versity of Arkansas at Little Rock pened in that Saudi consulate in Tur- That knowledge has inspired his art- men’s basketball team. key earlier this month. Put bluntly, we work. He is well known for his abstract Mary Louise Williams is an edu- cannot do business with the Saudi Gov- ‘‘necktie’’ pieces that reflect on the cation advocate and political activist. ernment if they directed or were painful past while also, very impor- She spent 42 years as an educator, 30 of complicit in the murder of Jamal tantly, looking toward a hopeful fu- those years as an administrator and Khashoggi. We in this body had best be ture. music teacher in the Little Rock very careful about who the enemies of Cole is an award-winning artist School District. She has spent her life the people are and who they are not. whose work has been displayed in gal- actively involved in the community as The free press is the guardian of de- leries literally all over the world, in- a volunteer on numerous boards and mocracy and the enemy of tyrants, and cluding the Smithsonian’s National commissions and as an elected official, the man or woman who speaks from be- Museum of African American History sometimes as the only woman or only hind the Presidential Seal needs to re- and Culture. African American. mind the country and the world of this Brent Jennings is a native of Little She was the first African-American truism again and again, as long as the Rock. He is an accomplished actor and chairperson of the Pulaski County world will listen. educator. In the sixth grade, he was en- Election Commission, the first African- I yield the floor. couraged by a teacher who was direct- American chairperson of the Pulaski The PRESIDING OFFICER. The Sen- ing his school’s annual vaudeville-style County Democratic Committee, and ator from Arkansas. review to become an actor. the first African-American woman RECOGNIZING ARKANSAS BLACK HALL OF FAME He took acting classes at the Arkan- from Arkansas to serve on the National INDUCTEES sas Art Center, where he was the first Association of County Officials Board. Mr. BOOZMAN. Mr. President, I rise African-American actor to land the She has mentored numerous Arkan- today to recognize the Arkansas Black lead role in a children’s theater produc- sans through her civic involvement and Hall of Fame Class of 2019 inductees tion. He pursued an acting career that earned many awards for her commit- and celebrate their contributions to took him to New York and Boston be- ment to the community. She was re- our State, country, and literally the fore moving to Los Angeles. cently recognized by the Women’s world. While a student at Emerson College, Foundation of Arkansas as the recipi- Founded in 1992 by Charles Stewart he was recognized for his acting and di- ent of the 2018 Brownie Ledbetter Civic and Patricia Goodwin to recognize the recting, earning the Carol Burnett Engagement Award for her service and gifts of African Americans with Arkan- Award and the New England Theater her activism. At 90 years of age, she sas roots, the first induction ceremony Award. continues to be active in the commu- in 1993 honored six individuals, includ- He has acted alongside Academy nity. ing acclaimed poet, author, and activ- Award-winning actors and those who Florence Price will be posthumously ist Maya Angelou and civil rights advo- have claimed the spotlight of Holly- inducted into the Arkansas Black Hall cate and Little Rock Nine mentor wood. You may have seen him most re- of Fame. She grew up in Little Rock, Daisy Bates. cently in AMC’s ‘‘Lodge 49.’’ In addi- where she learned to love music at a We are probably all familiar with Ar- tion, he shared his passion for acting as young age. Her mother taught her kansas’ role in the movement for pub- an adjunct faculty member at the piano, and she became an accomplished lic integration. The African-American American Academy of Dramatics. musician as a youth. By the time she students who were threatened and in- LTG Aundre Piggee is a native of graduated high school, Price was a pub- timidated by fellow classmates and Stamps, AR. He graduated from the lished composer. She pursued her pas- community members as they tried to University of Arkansas Pine Bluff. As a sion for music as a student at the New enter Little Rock Central High School student, he served in ROTC and chose England Conservatory of Music. quickly became icons of the civil rights to pursue a career in the military. He In 1932, she won the Wanamaker movement because of their courage in says he mentors his soldiers as his Prize for her ‘‘Symphony in E minor.’’ the face of overwhelming adversity. UAPB instructors mentored him. The next year, the Chicago Symphony These nine students, known as the He has proudly served in uniform for Orchestra performed that piece, mak- Little Rock Nine, were inducted into 37 years. His military career has taken ing Price the first African-American the Arkansas Black Hall of Fame in him literally all over the world, where woman to have a composition played 2007. They, along with other individ- he has commanded thousands of sol- by a major orchestra.

VerDate Sep 11 2014 06:11 Oct 12, 2018 Jkt 089060 PO 00000 Frm 00015 Fmt 4637 Sfmt 0634 E:\CR\FM\G11OC6.022 S11OCPT1 dlhill on DSK3GLQ082PROD with SENATE S6792 CONGRESSIONAL RECORD — SENATE October 11, 2018 In 1940, Price was inducted into the sion has been indispensable in helping Cornyn Hoeven Portman American Society of Composers, Au- our country combat housing discrimi- Cotton Hyde-Smith Risch Crapo Inhofe Roberts thors and Publishers. She had com- nation, voting rights abuses, and hate Cruz Isakson Rounds posed more than 300 works by the time crimes. It has also intervened in cases Daines Johnson Sasse of her death in 1953. of police misconduct in certain situa- Enzi Kennedy Scott Ernst Kyl We can be very, very proud of these tions. Shelby Fischer Lankford Sullivan men and women. Their lives and leg- Flake Lee Mr. Dreiband is the wrong person to Thune Gardner McConnell acies are important to the history of lead the Civil Rights Division. He has Tillis Graham Moran our country and the fight for equality. Toomey spent his entire career advocating for Grassley Murkowski The honor being bestowed upon them weaker antidiscrimination laws. He has Hatch Paul Wicker later this month is just one more trib- testified in Congress against the Lily Heller Perdue Young ute to their significant contributions Ledbetter Fair Pay Act, the Protecting NAYS—47 to Arkansas and America. Older Workers Against Discrimination Baldwin Harris Peters I congratulate each and every one of Act, and ban-the-box regulations. Bennet Hassan Reed them on being inducted into the Ar- Looking at this record, Mr. Dreiband Blumenthal Heinrich Sanders kansas Black Hall of Fame and extend Booker Hirono Schatz will do more to undermine than to pro- Brown Jones my sincere thanks for the impact they Schumer tect efforts to prevent discrimination. Cantwell Kaine Shaheen have had on the State that we all love How can someone devoted to fighting Cardin King Smith and want to make better. against antidiscriminatory laws now be Carper Klobuchar Stabenow Casey Leahy With that, I suggest the absence of a Tester charged with leading an agency that Coons Manchin Udall quorum. enforces antidiscrimination laws? It is Cortez Masto Markey Van Hollen The PRESIDING OFFICER. The Donnelly McCaskill almost as if the Trump administration Warner clerk will call the roll. Duckworth Menendez is ‘‘trolling’’ the agency itself with Mr. Durbin Merkley Warren The bill clerk proceeded to call the Dreiband’s nomination. Feinstein Murphy Whitehouse roll. Unfortunately, under Attorney Gen- Gillibrand Murray Wyden Mr. CASSIDY. Mr. President, I ask eral Sessions, the Department of Jus- NOT VOTING—3 unanimous consent that the order for tice has already rolled back Obama-era the quorum call be rescinded. Heitkamp Nelson Rubio guidance that terminated the Federal The nomination was confirmed. The PRESIDING OFFICER. Without Government’s use of private prisons, objection, it is so ordered. The PRESIDING OFFICER. The Sen- helped protect vulnerable transgender ator from Georgia. NOMINATION OF ERIC DREIBAND students, and the Cole memo which al- f Mr. DURBIN. Mr. President, I rise to lowed prosecutorial discretion in sen- oppose the nomination of Eric tencing for drug cases. Mr. Dreiband’s UNANIMOUS CONSENT AGREE- Dreiband to be the Assistant Attorney record suggests he will continue these MENT—EXECUTIVE CALENDAR General for the Civil Rights Division of attacks on civil rights. Mr. ISAKSON. Mr. President, I ask the Justice Department. The Assistant Attorney General of unanimous consent that the cloture Mr. Dreiband has no experience Civil Rights Division should be some- motion for the Stewart nomination be working on many of the most impor- one that will vigorously protect minor- withdrawn and the Senate vote on con- tant duties of the Civil Rights Divi- ity rights and aggressively expand civil firmation of the Stewart nomination sion, such as protecting voting rights, rights for all Americans. Mr. Dreiband and, if confirmed, the motion to recon- combating hate crimes, and ensuring has shown that he is not that person. sider be considered made and laid upon that police departments respect the THE PRESIDING OFFICER. Under the table and the President be imme- Constitution and civil rights laws. the previous order, all postcloture time diately notified of the Senate’s action. Instead, he has extensive experience has expired. The PRESIDING OFFICER. Is there representing corporations who have The question is, Will the Senate ad- objection? been accused of employment discrimi- vise and consent to the nomination of Without objection, it is so ordered. nation and advocating against legisla- Eric S. Dreiband, of Maryland, to be an f tion to protect civil rights. In his personal capacity, he has testi- Assistant Attorney General? EXECUTIVE CALENDAR fied against the Lilly Ledbetter Fair Mr. CASSIDY. I ask for the yeas and The PRESIDING OFFICER. The Pay Restoration Act and against legis- nays. clerk will report the nomination. lation to protect older workers from The PRESIDING OFFICER. Is there a The senior assistant legislative clerk discrimination. sufficient second? read the nomination of James N. Stew- We need a head of the Civil Rights There appears to be a sufficient sec- art, of North Carolina, to be an Assist- Division who will demonstrate inde- ond. ant Secretary of Defense. pendence and a willingness to preserve The clerk will call the roll. Thereupon, the Senate proceeded to the right to vote and civil rights laws The bill clerk called the roll. consider the nomination. in the face of this administration’s re- Mr. CORNYN. The following Senator The PRESIDING OFFICER. The gressive agenda. is necessarily absent: the Senator from question is on agreeing to the Stewart I am not confident that Mr. Dreiband Florida (Mr. RUBIO). nomination. will be the independent leader that the Further, if present and voting, the The nomination was agreed to. The PRESIDING OFFICER. Under Civil Rights Division needs. I cannot Senator from Florida (Mr. RUBIO) the previous order, the motion to re- support his nomination. would have voted ‘‘yea.’’ consider is considered made and laid Mr. VAN HOLLEN. Mr. President, I Mr. DURBIN. I announce that the upon the table and the President will rise to oppose the nomination of Eric Senator from North Dakota (Ms. be immediately notified of the Senate’s Dreiband to serve as Assistant Attor- HEITKAMP) and the Senator from Flor- action. ney General of the Civil Rights Divi- ida (Mr. NELSON) are necessarily ab- sion. His nomination is an affront to sent. f the mission of the Civil Rights Divi- The PRESIDING OFFICER (Mr. LEGISLATIVE SESSION sion, the career attorneys, and to ev- TILLIS). Are there any other Senators eryone in our country dedicated to ad- in the Chamber desiring to vote? vancing civil rights. The result was announced—yeas 50, MORNING BUSINESS Created in 1957, the mission of the nays 47, as follows: Mr. ISAKSON. Mr. President, I ask Civil Rights Division is to ‘‘enforce[e] [Rollcall Vote No. 230 Ex.] unanimous consent that the Senate federal statutes prohibiting discrimi- YEAS—50 proceed to legislative session for a pe- nation on the basis of race, color, sex, riod of morning business, with Sen- Alexander Boozman Cassidy disability, religion, familial status and Barrasso Burr Collins ators permitted to speak therein for up national origin.’’ The Civil Rights Divi- Blunt Capito Corker to 10 minutes each.

VerDate Sep 11 2014 06:11 Oct 12, 2018 Jkt 089060 PO 00000 Frm 00016 Fmt 4637 Sfmt 0634 E:\CR\FM\G11OC6.026 S11OCPT1 dlhill on DSK3GLQ082PROD with SENATE October 11, 2018 CONGRESSIONAL RECORD — SENATE S6793 The PRESIDING OFFICER. Without It is critical that we work not only to theless. I want to briefly talk about objection, it is so ordered. address hate crimes but to stop the cul- two such efforts. The PRESIDING OFFICER. The Sen- ture of violence or prejudice that often First, association health plans. As ator from Pennsylvania. begins as bullying and harassment in you know, one option that has often f our schools. According to a Human been missing from our array of health Rights Campaign report, LGBT youth insurance choices is the ability to get REMEMBERING MATTHEW together as a group of people, some- SHEPARD are more than twice as likely—twice as likely—as non-LGBT youth to be phys- times across State lines, and buy Mr. CASEY. Thank you, Mr. Presi- ically attacked at school. health insurance. Let me explain what dent. I rise to speak to commemorate Similarly, a report by the Gay, Les- I mean by that. Let’s suppose you have the horrific death of Matthew Shepard bian, and Straight Education Network a chamber of commerce, as many cities 20 years ago. On October 7, 1998, Mat- found that four out of five LGBT stu- and towns do. Those chambers of com- thew Shepard, then a 21-year-old students reported experiencing harass- merce in my State would join with dent at the University of Wyoming, ment frequently in school based on chambers of commerce in Mississippi, was kidnapped, brutally beaten, and their appearance or perceived sexual which would join with chambers of left tied to a fence in a field outside of orientation. That is why I have con- commerce in Arkansas, and they would Laramie, WY. He passed away 5 days sistently introduced the Safe Schools pool all of their members and say to a later in a hospital. Improvement Act, which would pro- health insurance provider: Here are all Matthew was attacked because of his hibit in K–12 schools bullying and har- these people who want to buy health sexual orientation. His murder was an assment based on sexual orientation or insurance. Give us the best deal you act of pure evil, borne of hate. gender identity. can. Since his passing, Matthew’s family Through the economy of scale, we I am also a proud cosponsor of the has worked to share his story in the could lower the cost of health insur- Equality Act, a landmark civil rights hope that no other family suffers a ance. It makes sense, but forever and a bill that would amend existing civil similar tragedy. His parents, Judy and day, it hasn’t been legal in the United rights laws to prohibit discrimination Dennis Shepard, started the Matthew States of America. It now is. In 2017, on the basis of sexual orientation and Shepard Foundation to honor the life President Trump issued an Executive gender identity in education, employ- and aspirations of their son. Judy has order directing Federal agencies to ment, housing, credit, and Federal jury made countless personal appearances draft regulations to allow the Amer- service. around the country and around the ican people to enjoy the fruits of asso- Matthew Shepard’s life and death has world, sharing Matthew’s story, to ciation health plans. In January of this inspired great change across our Na- shine a light on the importance of sup- year, the Department of Labor pro- tion over the last 20 years. His life con- porting the LGBT community and posed a rule expanding the scope of tinues to inspire me and so many oth- eradicating hate. She has relived the groups and individuals eligible for ers, so many Members of Congress, and, horror of his death so that others may banding together as associations and indeed, so many Americans to continue not ever know such pain. purchasing coverage through an asso- the fight against hate and violence in I had the opportunity in 2005 to meet ciation health plan. The rule was final- all its forms. Judy Shepard here in Washington, and ized on June 21 of this year, and it be- We just read today, just hours ago, a I was impressed and inspired by her came effective on August 20, 2018. strength. The foundation that the story in the Washington Post which I am not suggesting that association Shepard family has organized has told us that Matthew Shepard’s re- health plans are going to solve all the worked to end hate in all forms around mains will be interred in the next cou- problems of access to insurance and the country, starting dialogues at ple of weeks inside the crypt at the Na- cost of health insurance in America, schools, corporations, and communities tional Cathedral here in Washington. but they will help, and they will help to promote human dignity for all indi- May he rest in peace. because the principle underlying asso- viduals. They have also provided an on- I yield the floor. ciation health plans is that they allow line resource center for LGBT youth, The PRESIDING OFFICER (Mr. CAS- the free market to work. helped to create a dialogue about hate SIDY). The Senator from Louisiana. If you are a member of a Rotary crimes through support for The Lar- f Club, and you want to join with Rotary amie Project, and helped to advocate HEALTHCARE INSURANCE PLANS Clubs in other States or other parts of for legislation to end hate crimes. your State, pool a large group of people Mr. KENNEDY. Mr. President, I want Judy Shepard’s work has been suc- together, and go to a health insurance to talk for just a few minutes about cessful, and I think that is an under- provider and say ‘‘I have a lot of poten- statement. Matthew Shepard’s story our efforts to get control of health in- tial customers here, and I want to buy has resonated with people across the surance costs in America. With me major medical insurance. What kind of country and inspired change, including today is one of the colleagues from my deal will you give me?’’ that would be the 2009 passage of the Matthew office, Ms. Katie Dwyer. legal in our country. Shepard and James Byrd, Jr., Hate The Affordable Care Act has not The second thing we have done, Mr. Crimes Prevention Act, which I was worked for the American people. I wish President, as you are well aware—I proud to cosponsor. This legislation it had. I am disappointed that it consider you an expert in healthcare added perceived gender, sexual orienta- hasn’t. We were promised upon the pas- and in healthcare insurance—has to do tion, gender identity, or disability as sage of the Affordable Care Act that with what we call short-term, limited- protected classes under existing Fed- our lives would be better. Our lives are duration health plans. eral hate crimes law. worse. We were promised upon passage What is a short-term, limited-dura- Though we made a great deal of of the Affordable Care Act that health tion health plan? Well, let’s suppose progress over the last 20 years, there is insurance would be cheaper and more that I leave my job and I have em- still so much work to do. In 2016, 6,121 accessible. It has been neither. ployer-provided insurance and I am not hate crime incidents were reported, As you know, the Senate has tried to sure what I am going to do next. I have and of these incidents, 1,076 were based come up with a health insurance re- some ideas and I have some prospects, on sexual orientation bias, and 124 were form effort to replace the Affordable but it will probably be 6 months before based on gender-identity bias. Care Act. We have not been able to do I will take a new job with a new com- In order to help to stop this violence, that, but we didn’t quit, as you well pany that will provide health insur- I am the author of the Disarm Hate know. We have started, through a num- ance. There will be a 6-month gap Act. This legislation would prevent ber of small but meaningful measures, where I and my family will not have those convicted of a violent mis- along with the Trump administration, health insurance. That is the purpose demeanor hate crime or those who to lower the cost of health insurance of short-term, limited-duration health have received a hate crime sentence for the American people, and we have plans. enhancement from buying or pos- made substantial progress. It has been There are plans offered throughout sessing a gun. lost in the noise, but it is real, none- our country where, if I am in between

VerDate Sep 11 2014 06:11 Oct 12, 2018 Jkt 089060 PO 00000 Frm 00017 Fmt 4637 Sfmt 0634 E:\CR\FM\G11OC6.028 S11OCPT1 dlhill on DSK3GLQ082PROD with SENATE S6794 CONGRESSIONAL RECORD — SENATE October 11, 2018 jobs, for example, and I don’t have in- ance company offering health insur- In the meantime, I wanted to point surance and I don’t want to pursue my ance under the Affordable Care Act. out to my colleagues that we continue prior health insurance through You don’t get the same coverage. That to chip away at the rising cost of COBRA, I can go buy one of these doesn’t mean you get no coverage. health insurance in America. short-term, limited-duration health That doesn’t mean the short-term, lim- I suggest the absence of a quorum. plans. It is sort of gap coverage, if you ited-duration plan is junk insurance, The PRESIDING OFFICER. The will. because it is not. It is considered major clerk will call the roll. Short-term, limited-duration health medical insurance, and issues like life- The senior assistant legislative clerk plans have been around for a long time. time limits, annual limits, coverage of proceeded to call the roll. The problem is, for all practical pur- preexisting conditions—there are a va- Mr. PORTMAN. Mr. President, I ask poses, the Affordable Care Act made riety of plans out there offered. If you unanimous consent that the order for them illegal. That is a bit of an over- want to purchase a plan that is still the quorum call be rescinded. statement. You could still purchase a cheaper than you could buy under The PRESIDING OFFICER. Without short-term, limited-duration health ObamaCare that covers preexisting objection, it is so ordered. plan but for a very short period of conditions, you can. f This idea that these short-term, lim- time, so they were rendered ineffective. THE ECONOMY Under changes made, these plans will ited-duration health plans are not in- allow families and individuals to pur- surance at all, or so-called junk insur- Mr. PORTMAN. Mr. President, today chase these short-term plans for up to ance, is simply a bunch of nonsense. I I rise to talk about the economy; that 12 months and in some cases, for up to will give an example. In the last quar- is, what is going on out there in terms 36 months. That is the result of a new ter of 2016, a short-term, limited-dura- of jobs and wage growth. It is a posi- rule promulgated by the Trump admin- tion health plan cost an individual tive story. I have seen it firsthand back istration which reverses the Obama-era about $124 a month. That is a lot of home in Ohio. Every weekend I go back policies that limited these short-term money for a lot of Americans, but it is to Ohio, and I meet with small business plans to only 3 months with no option much better when you compare it to an owners, and they tell me the same to renew. unsubsidized ObamaCare plan that thing, which is that things are good. Why are short-term, limited-duration costs $393 a month. You could save 70 Their biggest concern is finding work- health plans important? Why are they percent by buying a short-term, lim- ers. They are growing and expanding. helping to contribute to our efforts to ited-duration health plan. We see this in the national numbers as Again, the problem was that under lower the cost of health insurance? well. ObamaCare, you could only buy one of Here is the problem we are trying to These small businesses tell me it is these short-term plans for 3 months. solve, as you well know. primarily because of the tax reform Now you can buy them for much These are the increases in pre- and tax cuts legislation and, second, longer. miums—the cost you pay—to purchase because of the regulatory environment The self-styled betters of Wash- health insurance through the Afford- that makes it easier for them to be ington, DC, the cultured, cosmopolitan able to create more jobs. able Care Act. crowd up here who think they know In Texas, from 2017 to 2018, the price I want to start by talking about tax better than everybody else in America, of the silver plan—to buy a silver plan reform. We remember that before this who think they are smarter than all legislation was passed, going back real- through the Affordable Care Act—went Americans, would do away with short- up 41.3 percent; in my State of Lou- ly for several years, our economy had term, limited-duration health plans if been relatively weak. We had seen eco- isiana, 12.9 percent; in Oregon, 31.9 per- they could because they think the nomic growth of between 1.5 and 2.5 cent; in Wisconsin, 43.5 percent; in American people are not smart enough percent, and a lot of people were saying Pennsylvania, 30.6 percent. I could go to understand what they are buying. that 2 percent growth is kind of the on and on. That is why the Affordable We are not going to give them the new normal. Care Act hasn’t worked. No one can af- choice. We are smarter than they are. In fact, the Congressional Budget Of- ford it. I wish it had worked. It gives They need to look to us here in Wash- fice, which is the nonpartisan group me no pleasure to say that. But we ington, DC, to run their lives. were told health insurance premiums We saw that effort yesterday on the here that tells us what our growth would go down. They have gone up. floor of the Senate. Fortunately, we de- numbers are likely to look like and By making these short-term, limited- feated it. The American people are then tells us what they actually are, duration health plans available for a plenty smart. They may not have time said last year that they believed eco- longer period of time, we are giving to read Aristotle every day because nomic growth this year—the calendar people the flexibility to extend them. they are too busy earning a living, but year 2018—would be 2 percent. That is The Trump administration, in my they get it. They watched their health pretty discouraging, really. With 2 per- judgement, is making sure American insurance premiums rise through the cent growth, we are not going to see families have access to a reliable, af- roof as a result of the Affordable Care the kind of growth in wages we all fordable health care option. Act, and many of them have sought out want to see, and we are not going to We had a vote yesterday. Some of my this alternative, a short-term, limited- see the job expansion we all want. That friends on the Democratic side of the duration plan, and said: Hey, we know 2 percent growth was before the tax aisle decided they wanted to end short- it doesn’t cover as much as some poli- legislation was passed. term, limited-duration health plans. cies, but it is a heck of a lot cheaper, They also predicted that employment They promulgated a proposal through and we would like to buy it and try it would increase by an average of 107,000 the Congressional Review Act to end for a while. jobs per month; again, that is not bad, them. Fortunately, we defeated that ef- As Americans, they are entitled to do but not something to write home fort. that. I am pleased that we could re- about. What has been the effect in terms of serve the option for them. It was a win Now our economy is up and going, price and availability? Well, short- for American families, in my book. and it is moving toward its full poten- term, limited-duration health plans, in We are not giving up on replacing the tial. many cases, are 50 to 80 percent cheap- Affordable Care Act. Again, it gives me Shortly after tax reform passed, CBO er than plans purchased under the Af- no joy to say we have to replace it, but changed its estimate. They said: OK, fordable Care Act. it just hasn’t worked. Any fairminded with tax reform, this is our new esti- You say: Why is that? person who is at all objective would mate. We are going to say that the Well, there is no free lunch, and you have to look at a plan that promised us growth is going to be, instead of 2 per- are not going to get one now. If you cheaper policies and more accessibility cent, 3.1 percent. That is more than a purchase a short-term, limited dura- and ended up with more expensive poli- 50-percent increase in growth. That is tion health plan, it oftentimes does not cies and less accessibility and say: It incredible. They were pretty optimistic have the same coverage a company is just didn’t work. We have to replace it, about what would happen. They said required to offer if it is a health insur- and we are going to keep working on it. that it was attributable to tax reform,

VerDate Sep 11 2014 06:11 Oct 12, 2018 Jkt 089060 PO 00000 Frm 00018 Fmt 4637 Sfmt 0634 E:\CR\FM\G11OC6.030 S11OCPT1 dlhill on DSK3GLQ082PROD with SENATE October 11, 2018 CONGRESSIONAL RECORD — SENATE S6795 which was a big part of this upward re- which is the case for the vast majority came back to our country—over $300 vision, as they called it. of small businesses. So they are seeing billion. Over $300 billion came back to They also changed their projection lower rates, but they are also seeing an the United States from overseas. That on monthly unemployment. They said advantage to the new laws on invest- is what they call repatriation, money that instead of 107,000 jobs, we are like- ment. If you invest money in your earned overseas that companies were ly to see 210,000 jobs per month. company, you can deduct it from your keeping overseas before because they Well, what has happened? It turns taxes now. You had bonus depreciation had no incentive to bring it back. Now out the Congressional Budget Office, before; now you have 100 percent depre- they have an incentive to bring it despite their optimistic projections, ciation, and you can write things off back. What does that mean? It means was wrong. We have seen numbers even immediately. That makes a huge dif- it gets invested here, sometimes in new better than their optimistic projec- ference, and it is exciting. equipment and new plants, sometimes tions. Economic growth for the second The Presiding Officer was talking in people’s wallets and pocketbooks quarter of 2018 was 4.2 percent, and a today at lunch about being at one of back here. That money is being used to record 876,000 new businesses were cre- the small businesses in Louisiana. It is help create this better economy we are ated. The Federal Reserve now esti- the same story I have heard all over talking about. mates that growth in this quarter we our States. This was a distillery, as I By the way, that $300 billion, when are in is likely to be 4.1 percent. Wow. recall. In Ohio, our breweries and our compared to last year in the first quar- We will see what the final numbers are, distilleries are taking advantage of a ter, is about 10 times more. This is be- but if it is anywhere close to that, that specific part of the new tax bill that cause of the tax bill. is extraordinary. helps them on their excise taxes but The lower tax rates for individuals So we have gone from 2 percent to 3 also just the overall lowering of the mean that 90 percent of the people in percent to 4 percent. And with 4.2 per- rate, investing in their business, in- America got a statement from their cent, 4.1 percent growth, what else is vesting in technology, increasing the employer saying: Guess what. Uncle happening? Unemployment is going productivity of their workers as a re- Sam is going to take less out of your down. The unemployment rate was 3.7 sult, which all economists say is the paycheck. Their withholding changed. percent last month. That is the lowest key to getting wages up. We are begin- So 90 percent of workers in America it has been since December of 1969, so it ning to see that, and it is exciting. have gotten something saying: You are is a big deal. This is the first year I have also vis- going to have more of your hard-earned The pro-growth policies that some of ited 22 businesses directly—not a money staying in your pocket. You are us have been promoting here on this roundtable discussion as I have done going to be able to take it home, rather side of the aisle, including tax reform with small businesses. But I go to these than have Uncle Sam take it out as and regulatory relief, have made a dif- part of your taxes. ference. Small business optimism is at businesses and talk to them about how As I said during the tax reform dean all-time high, according to the Na- they are using this tax bill. Again, ev- bate, when we had very spirited de- tional Federation of Independent Busi- eryone has good stories to tell. Some bates, some on the other side were say- nesses—NFIB. Most important to me, have added more jobs; some have in- ing that there was no middle-class tax wages are finally going up. Over the creased wages and gone public about relief in this legislation. I said that the last 10 years, it isn’t just that the econ- that. Fifth Third Bank would be an ex- proof is in the paycheck. Lower rates, omy has been relatively flat, it is that ample or the Kroger Company in my doubling the standard deduction, dou- wages have not increased. hometown of Cincinnati—big busi- In fact, if you take inflation into ac- nesses. bling the child tax credit—those are count, wages have been flat or even de- A lot of smaller businesses have done tax cuts. They are real. Sure enough, 90 clining, on average. That is why a lot that as well, but they have done other percent of Americans saw that in their of people feel the middle-class squeeze: things too. Some have delivered bo- paychecks. The proof is in their pay- higher expenses, particularly nuses, some have expanded retirement check. healthcare costs, but also everyday benefits, and some have bought new It is not really a political debate; it costs. Healthcare costs are driving it equipment. is a real life situation for people who but also housing costs, the cost of food, For a lot of small businesses, I will are living paycheck to paycheck—most the cost of education. talk to them and say: What are you of the people I represent. So it is a big By the same token, we had wages doing with this? deal. For the median-income family in that were flat. That is a squeeze. So They say: We are actually taking Ohio, that is $2,000 a year on average. your take-home pay is not going up, these older pieces of equipment we That $2,000 a year means a vacation but your expenses are going up. There have, these machines, and we are up- they otherwise couldn’t take. It means was a lot of frustration around the grading them, which, again, makes investing more in their healthcare, in- country over the last several years workers more productive, makes the vesting more in their retirement, in- about that. company more successful, and allows vesting more in their kids. So it is Now we see wages going up. So 2.8 wages to go up. working. percent was the wage growth last One small business I visited had a I noted earlier that wages are rising month. That is the highest wage machine that was roughly 31 years old. at the fastest year-over-year rate since growth since mid-2009. So since mid- They got the machine in 1986. I thought mid-2009 and that wage growth is accel- 2009, which is, remember, before the re- it was an amazing coincidence that erating. Along with these lower tax cession, we have not seen wage growth this Tax Code, which hadn’t been up- rates—along with the changes we like this. dated since 1986, was updated, and they talked about in terms of doubling the This is great news. I hope we con- were using the tax savings they got standard deduction and doubling the tinue to see that solid wage growth be- from that to take a machine that was child tax credit—people are feeling cause that, ultimately, is what we bought that same year and upgrading more hope and opportunity and, due in ought to be looking for. it, modernizing it. It was about a $1 part to this lower business rate and Since the first of last year, I have million investment for them, which more competitive international tax held over a dozen small business they never could have made in a small system, companies are looking to hire roundtables around Ohio, where you business without the tax reform and more. bring small businesses in to talk about tax cuts legislation. So it is working. I mentioned that what I hear back in the tax reform bill regulations and Sometimes companies are doing a Ohio mostly now is this: We are look- other issues they care about. Every combination of these various things. ing for more workers. We are willing to single one of the small businesses that They might be increasing the 401(k) hire people. We need the skills. comes to these roundtables has a story match and also adding more to their There was a Gallup Poll taken in to tell about how the tax reform helped entry-level pay. So it is doing what was May, and a record number of Ameri- them. intended. cans said, ‘‘Now is the time to find a These companies are passthroughs, In the first quarter, we have numbers quality job’’—a record number of meaning they pay taxes individually, already for the amount of money that Americans because they see the help

VerDate Sep 11 2014 06:11 Oct 12, 2018 Jkt 089060 PO 00000 Frm 00019 Fmt 4637 Sfmt 0634 E:\CR\FM\G11OC6.031 S11OCPT1 dlhill on DSK3GLQ082PROD with SENATE S6796 CONGRESSIONAL RECORD — SENATE October 11, 2018 wanted signs. In fact, the number of not getting the dignity and self-respect One thing that some of us have Americans who are employed part-time that comes from work, helping them to worked on here—and we need to do for economic reasons—who want to be productive members of society. The more—is to say: How do you work with work full-time but can only find part- numbers for women are perhaps not the States to provide for that transi- time work—is now the lowest it has quite as high—but also at relatively tion? If someone wants to go to work been since December of 2007. So you high levels. and leave a government program, how have to go back more than 10 years to It is also bad for our economy. We do you have some way to transition so find the number of people employed need these workers. We want these peo- that you don’t have this big cliff and part-time who want full-time work. ple in the workforce. this mountain ahead of you? That cre- That is the lowest it has been since De- Why has that happened? I think there ates a disincentive. cember of 2007. That is good. We want are a few reasons. I think one reason is I do think there is work to be done people to work full-time, not part- that Americans don’t have the skills there, but I will tell you, I think the time. we would hope they would have in biggest single issue in terms of these I believe we are going to continue to order to meet the job requirements of relatively high numbers of people who see this rising tide in our economy. I today. What do I mean by that? Today, are out of work altogether—the people think there are some newer provisions if you don’t have a technical skill— who are on the sidelines—is actually in the Tax Code that are yet to be im- whether you are in healthcare, whether the opioid crisis and the drug issue. plemented that will help even more. you are in manufacturing, or whether Why do I say that? One, I see it back There is a provision in the tax bill you are in one of the service indus- home. I go around my State; I spend a called opportunity zones where, if you tries—it is hard to find a job. So to our lot of time talking to people at treat- invest in some of the neighborhoods in young people here today: Get that ment centers. I talk to people who are Ohio that have had the highest, per- skills training. in recovery. I talk to people who are sistent, stubborn rates of poverty, then If you look at the unemployment in addicted. I talk to people who are ex- you get a tax break. That is going to Ohio right now—OhioMeansJobs is a perts in providing treatment for that help increase investment in some of website you can go on and see that longer term recovery. I talk to first re- the poor neighborhoods. Those oppor- there are a lot of jobs being offered on- sponders. There are a lot of people in tunity zones are just getting started line right now, yet there are a lot of my State; we are probably in the top now, and that is going to help ensure people unemployed. Why is that? You five in the country in terms of the per- that people who have fallen behind see that a lot of these jobs being of- centage of people addicted, the number have a chance to catch up. fered are for things like a machinist or of overdoses per capita, the number of John F. Kennedy once famously said a welder or someone with IT skills—in- deaths per capita. that a rising tide lifts all boats. It can. formation technology skills. Coding is In America as a whole, we lost 72,000 But you have to be sure that you are an example. If you have coding skills, people last year to drug overdoses. going into those kinds of neighbor- you can get a job in Ohio. In These are historically high numbers. hoods and ensuring they have the op- healthcare, there are a lot of people These are record numbers, grim statis- portunity to be lifted too. I think op- who are being hired who have those tics. More people died last year of drug portunity zones will help there. technical skills, including coding overdoses than we lost in the entire Despite the strong and growing econ- skills, to provide for digitized Vietnam conflict. Think about that. omy, there does remain a weakness in healthcare records, as an example. A lot of these people are addicted, our workforce that will continue to If you look at the jobs that are being but they aren’t part of the statistics hold us back; that is, a lot of Ameri- offered and you look at this high unem- you read about—the overdoses and cans are not looking for work. They ployment, you say it doesn’t make deaths, as tragic as they are. There is are literally on the sidelines. Labor sense. Part of it is because the job another part of the statistic, which is economists call that a low labor force skills aren’t there. the people who are not productive in participation rate. It means that the There is a lot of exciting stuff going life because they are not engaged any- percentage of people in the workforce on in my State and in other States more with their friends, their family, looking for a job is relatively low. where there are colleges—particularly or their work. The drugs have become So we have this strong economy, the some of our community colleges—that everything. lowest unemployment numbers we are working closely with some of our I can give you a couple of statistics have had in years, going back to 1969; businesses and also with some of our that I think are shocking. One is from yet we have a lot of people in the shad- high schools. High schools have career the U.S. Department of Labor. They ows, on the sidelines, who aren’t even and technical education now that is ex- did a study of men between 25 and 55 looking for work, so they don’t show up panding in Ohio. I think we are doing a who are out of the workforce, asking: in the unemployment numbers. good job of getting more and more How could this be—over 8 million men If you took the labor force participa- young people interested in career and out of the workforce altogether—par- tion rate—again, the percentage of peo- technical education. ticularly with low unemployment, the ple in the workforce—and go back 10 Senator KAINE, on the other side of opportunities out there, the jobs that years ago to just before the great re- the aisle, and I started a caucus to pro- are being offered? They found that al- cession and compare it to today, use mote CTE. We passed legislation re- most half of those men acknowledged the same labor force participation rate, cently to expand Federal incentives for taking pain medication on a daily what would you guess the unemploy- career and technical education and to basis—on a daily basis. ment rate would be today? It is not 3.7 improve the standards. That is good. What does that mean? There was an- percent. It is more like 8.5 percent. We are making progress, but we are not other study by the Brookings Institute. As strong as this economy is, as good there yet. There is still a lot of skills Brookings said that almost half of the as things are, as optimistic as people training that should and can go on in people they surveyed said that they are, the fact that wages are going up— order to provide people with the tools were taking pain medication on a reg- all good things, and the tax bill is they need to ultimately be successful ular basis. One said the day before; one hugely responsible for that. It is help- in today’s economy. So that is part of said on a daily basis. ful. It has pulled a lot of people back it. They also asked another question: into work who had part-time work or Part of it I think is the dependency How many of you are taking prescrip- were underemployed. It hasn’t pulled trap. What do I mean by that? There is tion drugs? Two-thirds of the people people back into work altogether; an issue when you are on government acknowledged taking prescription there is still a big group of Americans, support, when you are dependent on drugs, pain medication. historically high numbers—probably 8 government, and you want to go to These are shocking statistics. By the million men, as an example, between work. It is both the fact that there is a way, I do not believe this is over- the ages of 25 and 55, able-bodied men cliff in terms of losing the benefits, and reported; I believe it is underreported. who aren’t working. That is wrong, and also there is a mountain in terms of Who is going to say that they are ad- it is wrong for them because they are higher taxes. dicted to pain medication? That is one

VerDate Sep 11 2014 06:11 Oct 12, 2018 Jkt 089060 PO 00000 Frm 00020 Fmt 4637 Sfmt 0634 E:\CR\FM\G11OC6.032 S11OCPT1 dlhill on DSK3GLQ082PROD with SENATE October 11, 2018 CONGRESSIONAL RECORD — SENATE S6797 reason within the legal system not to are not in a position to get on that law enforcement; the post office does do that, but there are also other rea- first rung of the economic ladder, much not. That is all going to change when sons not to do it. A lot of people still less the second and third, and climb up the President signs this legislation feel it is something they can’t talk because of their addiction—how do we next week. We are going to start to about. We have changed that to a cer- get them back on track, get them to push back to keep some poison out of tain extent. The stigma has been re- face up to their addiction and get into our communities, but we need to do moved to a certain extent. In this treatment, get them into that longer much more. body, I think we have helped by talk- term recovery, which we know works The legislation we passed this week ing about drug addiction as a disease, better to get them off of their addic- also provides more funding for treat- which I believe it is. You need to treat tion and get them back into a produc- ment. It gets rid of an outdated rule a disease as you would other diseases. tive life where they can reconnect not that says there can be only 16 beds in It is not a moral failing; it is a disease just with work but with their families, a treatment center if it gets Medicaid that has to be medically treated. But friends, their community, and their reimbursement. That is a vestige of there are people who are not coming faith? The drugs become everything, as years past during the deinstitu- forward who feel that stigma, there is I have heard from so many addicts and tionalization of folks who had mental no question about it. Probably 8 out of recovering addicts. health issues, behavioral health issues, the 10 people in my State who are ad- The American Action Forum released but it doesn’t work today because we dicted are not getting any kind of a report earlier this month that found want these good treatment centers treatment. that Ohio lost about 86,000 workers and that are doing a good job to be able to I think this is another issue we have about $72 billion in economic growth expand the number of beds they have to face for all the right reasons—to from 1999 to 2015 due to opioid addic- for residential treatment because that help these people get their lives back tion. This affects all of us, and it cer- is what works for some people. on track, to help these people be able tainly affects our economy. That is the Unbelievably, today they have to to achieve what God’s purpose is for next step we must make. turn people away, even though they are them, which certainly is not to be an In 2016, Congress started to get much there, they are ready, and they can addict and not to be actively using and more engaged in this issue. We passed take these people, because there is a 16- not to be causing all the pain and de- two great bills, one called the Com- bed limit. There are too many cases. I struction it causes all through our so- prehensive Addiction and Recovery know of people in Ohio who have told ciety. Act. Senator SHELDON WHITEHOUSE and me that when they were ready—in one The No. 1 cause of crime in my State I were the coauthors. This is broad, case, a father told me that when his of Ohio, in pretty much every county I comprehensive legislation. Today, we daughter was finally ready to go to a represent, is this issue. It is not nec- were able to announce a number of treatment center, he walked her down essarily the drug use; it is the crime grants to Ohio that are working to ex- there. They went to the treatment cen- that goes along with it—the property pand treatment to ensure that some of ter. She was ready to enter. She had crimes, theft, fraud, and so forth—to these gaps are filled where people get come to that point in her life where she pay for the drug habit. addicted, overdose, Narcan is sup- realized she needed to do this. They If you go to the emergency room in plied—the miracle drug that reverses told her there was no room—no room Ohio, it is a normal issue they talk the effects of that overdose—and yet at the inn—because of the 16-bed limit. about. In our neonatal units—sad but they go right back into the commu- In the next 2 weeks, while she was true—more and more babies are being nity. We don’t want that. We want to waiting to get into that treatment cen- born with what is called neonatal ab- get them back into treatment. These ter, you know what happened—she used stinence syndrome, which means their grants will help. again. She was addicted. She moms were addicted. These kids have We also passed legislation called the to be taken through withdrawal as ba- overdosed, and she died in her parents’ 21st Century Cures Act, which provides home. That father is very happy about bies, provided morphine and other funding directly back to the States. drugs just to get them through with- this legislation. CARA goes to these nonprofits and It also includes language to help with drawal. It is incredibly sad. We don’t other programs that are working, evi- regard to these moms and kids we know what the long-term impact will dence-based programs to help with talked about earlier. That is important be on these kids, but it is a huge prob- treatment and recovery and preven- as well. It helps to ensure that there is lem. It is the No. 1 problem I see back tion. Cures goes to the States directly a safe plan for these mothers who are home in our hospitals in taking care of and allows the States to spread out our babies. addicted to taper off from their use of If you go to our prisons, our jails, go that funding where it will help. Every drugs so that their babies are born in a to our courtrooms, what is the No. 1 State is a little different and has dif- healthy state and don’t have to go issue? Drugs, primarily opioids. Of the ferent kinds of needs. through what I talked about earlier, We started to see progress on the 72,000 people who died of overdoses last which is incredibly sad to see, trag- ground. Again, the fentanyl has come year, the biggest single killer was not ically, where literally these babies in and overwhelmed a lot of the just opioids, it was fentanyl—this new born with neonatal abstinence syn- progress I have seen. On the fentanyl synthetic opioid that has come in drome have to be taken through with- side, we passed legislation just last mostly from China, mostly through the drawal. Postal Service. It is outrageous that week that finally says to our post of- It also includes the CRIB Act legisla- that continues to happen. We are tak- fice: You must screen these packages tion, which is bipartisan, as were all ing steps to address it. coming in from overseas because we these bills I am talking about. Senator My point is, all of us are affected by know this poison is the No. 1 killer. DICK DURBIN and I have worked on the this. You may not think you are, al- There has been a 4,000-percent increase IMD exclusion—the issue with the 16 though more and more people see it di- in fentanyl overdose deaths in my beds—for many years. We finally got it rectly because their friends or family State of Ohio in the last 5 years. It is done. The CRIB Act is one that pro- or they themselves are caught up in the No. 1 killer now. We know it is vides support for these babies we this, but all of us are affected, includ- coming from the post office. It is com- talked about because often the babies ing our economy. ing to your P.O. box. It is coming to an can’t go back to their folks. Their par- As good as the economic numbers abandoned warehouse from our post of- ents are addicted. Where are they going are, I am so glad we passed the tax re- fice. We finally said to them: You have to go? form legislation because I really think to close this loophole because if there There are nonprofits that have it has helped spur this economic is a loophole, they don’t have to pro- sprung up that provide help for these growth, and there is opportunity for so vide law enforcement the data on these babies, help to get them into the right many people. It is increasing wages. It packages that they need to find the foster care, perhaps to get them with a is doing so many good things. needle in the haystack, which is too grandparent or a great-grandparent, The next step is, as I see it, to say: hard to find without that data. Private which is happening more and more in OK, how do we take these people who carriers have to provide that data to my State because the parents are not

VerDate Sep 11 2014 06:11 Oct 12, 2018 Jkt 089060 PO 00000 Frm 00021 Fmt 4637 Sfmt 0634 E:\CR\FM\G11OC6.033 S11OCPT1 dlhill on DSK3GLQ082PROD with SENATE S6798 CONGRESSIONAL RECORD — SENATE October 11, 2018 capable or able to take care of these town schools, urban and suburban doing in our State, preparing our stu- kids. The parents need to focus, one schools, all designated as ‘‘exemplary dents for the global economy of the fu- would hope, on their own treatment high performing schools.’’ ture. These schools are not rusty. They and recovery. Sometimes they do, and I would like to read the names of are thriving. sometimes they don’t. The point is, the these 16 schools in Ohio: Bath Elemen- Congratulations to all 16 of this baby can’t be with them, and these or- tary School, Bluffton Elementary year’s Ohio Blue Ribbon Schools—all ganizations are in a position to help. School, Brecksville-Broadview Heights examples to our State and to our coun- These organizations, like Brigid’s Path Middle School, Central Elementary try and why we are so proud of them. in Dayton, OH, have volunteers who School, Hazel Harvey Elementary I yield the floor. come in just to hold the babies, just to School, Indian Riffle Elementary I suggest the absence of a quorum. show the babies the love they need so School, John Foster Dulles Elementary The PRESIDING OFFICER. The desperately. They couldn’t get reim- School, Maplewood Elementary School, clerk will call the roll. bursement from the Federal Govern- Mariemont Elementary School, Mother The bill clerk proceeded to call the ment. Now they can under the CRIB Teresa Catholic Elementary School, roll. Act that we just passed. This will help Notre Dame-Cathedral Latin School, Mr. MCCONNELL. Mr. President, I the babies, the moms, with treatment, Oakwood Elementary School, Saint ask unanimous consent that the order and keeping the poison out. It is help- Andrew-Saint Elizabeth Ann Seton for the quorum call be rescinded. ful. Catholic School, Stadium Drive Ele- The PRESIDING OFFICER. Without As we discussed this afternoon, in mentary School, and Twin Oak Ele- objection, it is so ordered. combination with a stronger economy mentary School. f that comes from the kinds of fiscal and The other school, in addition to these UNANIMOUS CONSENT AGREE- economic policies we have pursued 16, is particularly close to my heart. It MENT—EXECUTIVE CALENDAR here, especially the tax reform and reg- is called the Mansfield Spanish Immer- ulatory relief—that combination can sion School. It sits on Euclid Avenue. Mr. MCCONNELL. Mr. President, I lead to great things because it can pro- It is the new school in the building ask unanimous consent that at 4:45 vide an opportunity, if people are ready where I went to elementary school, p.m. today, the Senate proceed to exec- to get on that next rung of the ladder, then called Brinkerhoff Elementary. It utive session for the consideration of for them to find an opportunity for has since become a Spanish immersion the following nominations: Executive themselves and their family because school. Brinkerhoff was built, I believe, Calendar Nos. 1007, David James Por- they have dealt with their addiction. A in the 1950s. I attended there and both ter; 1081, Ryan Nelson; 1082, Richard rising tide can lift all boats, and this of my brothers attended there from Sullivan; 627, William Ray; 628, Liles growing economy gives us an oppor- kindergarten through the sixth grade. Clifton Burke; 629, Michael Juneau; 634, tunity to bring people out of the shad- The school reopened as a public mag- Mark Norris; 638, Eli Richardson; 894, ows and into a productive life of work, net school a decade ago, with a class of Thomas Kleeh; 907, Jeremy Kernodle; family, and faith. 11 kindergartners, under the leadership 895, Peter Phipps; 905, Susan Brnovich; In the midst of the opioid epidemic, of our neighbor Jody Nash. 906, Chad Kenney; 945, James Hanlon; we have to do more to catch those who Over the past 10 years, under Prin- 947, Lance Walker; further, I ask con- fall through the cracks and help those cipal Nash, and now under the current sent that the Senate vote on the nomi- who are gripped by addiction find more principal, Gabe Costa, the school has nations in the order listed, with 2 min- meaning and purpose in their lives, and grown to more than 250 students across utes of debate equally divided prior to we now have that opportunity. That is 9 grades. each vote; that for each nomination what is exciting about it. Last year the school expanded to add that is confirmed, the motion to recon- I am pleased that our new opioid leg- seventh and eighth grade for the first sider be considered made and laid upon islation is going to be signed into law time and had a third section of kinder- the table, the President be imme- by the President next week. I am gartners. diately notified of the Senate’s action, pleased to see the progress with the Core subjects are taught in Spanish, that no further motions be in order, economy based on the policies we have helping Richland County students and that any statements relating to passed here, to provide people with a learn a second language from a young the nominations be printed in the little more take-home pay, to be able age. These students don’t just excel in RECORD. to give companies more incentive to Spanish. The school is consistently The PRESIDING OFFICER. Is there invest, and to level the playing field ranked a top school in the State and objection? internationally for American workers has gotten high marks for serving stu- Without objection, it is so ordered. who are being disadvantaged. It is com- dents from diverse backgrounds. NOMINATION OF DAVID PORTER ing together, and it is working. Let’s I would add that there are not a huge Mr. TOOMEY. Mr. President, I rise to combine that with an equal focus on number of people in Mansfield, OH, my speak in support of the nomination of dealing with the opioid crisis, and we hometown, whose parents are speaking David James Porter, of Pennsylvania, will see so many other people take ad- Spanish at home. Most of these stu- to be U.S. Circuit Judge for the Third vantage of their American dream. dents are learning Spanish for the first Circuit. I yield back my time. time in their families. Mr. Porter has deep roots in Pennsyl- The PRESIDING OFFICER. The Sen- Two years ago, the Brinkerhoff vania. It is where he was born and ator from Ohio. School, or the Mansfield Spanish Im- raised by two public school educators OHIO BLUE RIBBON SCHOOLS mersion School, was 1 of 2 schools in who taught him and his siblings the Mr. BROWN. Mr. President, each Ohio and 100 across the Nation to re- value of hard work and education. Mr. year the Department of Education hon- ceive a National Title I Distinguished Porter and his wife Valerie settled in ors schools around the country that Schools Award for making progress in western Pennsylvania and have raised have a clear record of serving students closing the achievement gap between their six children there during their 28 of all backgrounds and helping all stu- disadvantaged students and their peers. years of marriage. dents excel. Awards like this mean so much to a He is widely regarded as one of the This year, 16 Ohio schools were community. They are a reminder that preeminent attorneys in western Penn- among 349 National Blue Ribbon academic excellence isn’t limited to ex- sylvania. Mr. Porter has a wealth of Schools, honoring the hard work of clusive private schools or wealthy com- legal experience that will make him an students, teachers, parents, and every- munities on the coasts. outstanding judge. Currently, he is a one in the community who works to Too many people in this town of shareholder in the Pittsburgh office of make these schools a success—from Washington want to refer to us as the Buchanan Ingersoll & Rooney, a lead- cafeteria workers to principals, to stu- Rust Belt—that outdated, offensive ing national law firm. During his 23 dents, to parents, to neighbors. term that demeans our workers and de- years at that firm, he has worked as a These schools represent the great di- values who we are. It devalues the in- litigator on numerous complex com- versity in our State—rural and small- credible work schools like this are mercial, regulatory, and constitutional

VerDate Sep 11 2014 06:11 Oct 12, 2018 Jkt 089060 PO 00000 Frm 00022 Fmt 4637 Sfmt 0634 E:\CR\FM\G11OC6.035 S11OCPT1 dlhill on DSK3GLQ082PROD with SENATE October 11, 2018 CONGRESSIONAL RECORD — SENATE S6799 matters in both State and Federal Mr. DURBIN. I announce that the The legislative clerk called the roll. courts, including the Third Circuit. He Senator from California (Mrs. FEIN- Mr. CORNYN. The following Senator has represented a diverse set of clients, STEIN), the Senator from New Mexico is necessarily absent: the Senator from including the New York Times and (Mr. HEINRICH), the Senator from North Florida (Mr. RUBIO). Pennsylvania’s former Democratic Dakota (Ms. HEITKAMP), and the Sen- Mr. DURBIN. I announce that the Governor Ed Rendell. ator from Florida (Mr. NELSON) are Senator from California (Mrs. FEIN- Prior to joining Buchanan Ingersoll, necessarily absent. STEIN), the Senator from New Mexico Mr. Porter served for 2 years as a law The PRESIDING OFFICER (Mr. KEN- (Mr. HEINRICH), the Senator from North clerk for current Chief Judge D. Brooks NEDY). Are there any other Senators in Dakota (Ms. HEITKAMP), and the Sen- Smith of the U.S. Court of Appeals for the Chamber desiring to vote? ator from Florida (Mr. NELSON) are the Third Circuit, while he was serving The result was announced—yeas 50, necessarily absent. as a U.S. District Judge for the West- nays 45, as follows: The PRESIDING OFFICER. Are there ern District of Pennsylvania. In addi- [Rollcall Vote No. 231 Ex.] any other Senators in the Chamber de- tion to his law firm practice, Mr. Por- YEAS—50 siring to vote? ter has served in numerous professional Alexander Flake Murkowski The result was announced—yeas 51, service and other organizations. For Barrasso Gardner Paul nays 44, as follows: example, he has been a leader in the Blunt Graham Perdue [Rollcall Vote No. 232 Ex.] Allegheny County Bar Association. His Boozman Grassley Portman Burr Hatch YEAS—51 peers elected him to serve as the chair Risch Capito Heller Roberts Alexander Flake Moran of two of that association’s preeminent Cassidy Hoeven Rounds Barrasso Gardner Murkowski sections: the Federal court section and Collins Hyde-Smith Sasse Blunt Graham Paul Corker Inhofe Scott Boozman Grassley Perdue the civil litigation section. He also Cornyn Isakson Shelby Burr Hatch Portman served on the Pennsylvania State Advi- Cotton Johnson Capito Sullivan Heller Risch sory Committee of the U.S. Commis- Crapo Kennedy Cassidy Hoeven Roberts Thune Cruz Kyl Collins Hyde-Smith Rounds sion on Civil Rights. Tillis Daines Lankford Corker Inhofe Sasse During his distinguished legal career, Enzi Lee Toomey Cornyn Isakson Scott Mr. Porter has developed an out- Ernst McConnell Wicker Cotton Johnson Shelby standing reputation for profes- Fischer Moran Young Crapo Jones Sullivan sionalism, fairness, and integrity. His Cruz Kennedy Thune NAYS—45 Daines Kyl Tillis nomination is supported by a diverse Baldwin Harris Peters Enzi Lankford Toomey group of attorneys and organizations, Bennet Hassan Reed Ernst Lee Wicker including the Pittsburgh firefighters Blumenthal Hirono Sanders Fischer McConnell Young Booker Jones Schatz union—IAFF Local No. 1— the current Brown Kaine Schumer NAYS—44 president and a past president of the Cantwell King Shaheen Baldwin Harris Reed National Organization of Black Law Cardin Klobuchar Smith Bennet Hassan Sanders Enforcement Executives, and the presi- Carper Leahy Stabenow Blumenthal Hirono Schatz Casey Manchin Tester dent of the Pittsburgh Steelers. Booker Kaine Schumer Coons Markey Udall Brown King Shaheen Mr. Porter has all the essential quali- Cortez Masto McCaskill Van Hollen Cantwell Klobuchar Smith Donnelly Menendez Warner ties needed to excel as a Federal judge: Cardin Leahy Stabenow Duckworth Merkley Warren experience, intelligence, integrity, and Carper Manchin Tester Durbin Murphy Whitehouse Casey Markey Udall respect for the limited role of the judi- Gillibrand Murray Wyden Coons McCaskill Van Hollen ciary in our constitutional system. I Cortez Masto Menendez Warner NOT VOTING—5 Donnelly Merkley am pleased to support this highly Warren qualified nominee and urge my col- Feinstein Heitkamp Rubio Duckworth Murphy Heinrich Nelson Durbin Murray Whitehouse leagues to do the same. Gillibrand Peters Wyden The nomination was confirmed. f The PRESIDING OFFICER. The ma- NOT VOTING—5 EXECUTIVE SESSION jority leader. Feinstein Heitkamp Rubio Mr. MCCONNELL. Mr. President, I Heinrich Nelson ask unanimous consent that the votes The nomination was confirmed. EXECUTIVE CALENDAR in this series be 10 minutes in length. f The PRESIDING OFFICER. Under The PRESIDING OFFICER. Without the previous order, the Senate will pro- objection, it is so ordered. EXECUTIVE CALENDAR ceed to executive session to consider Mr. MCCONNELL. I yield back all The PRESIDING OFFICER. The the following nomination, which the time. clerk will report the next nomination. clerk will report. The PRESIDING OFFICER. Without The assistant bill clerk read the The senior assistant legislative clerk objection, it is so ordered. nomination of Richard J. Sullivan, of read the nomination of David James f New York, to be United States Circuit Porter, of Pennsylvania, to be United Judge for the Second Circuit. States Circuit Judge for the Third Cir- EXECUTIVE CALENDAR Thereupon, the Senate proceeded to cuit. The clerk will report the next nomi- consider the nomination. Mr. ENZI. Mr. President, I yield back nation. The PRESIDING OFFICER. The all time. The assistant bill clerk read the question is, Will the Senate advise and I ask for the yeas and nays. nomination of Ryan Douglas Nelson, of consent to the Sullivan nomination? The PRESIDING OFFICER. Is there a Idaho, to be United States Circuit Mr. MCCONNELL. I ask for the yeas sufficient second? Judge for the Ninth Circuit. and nays. There appears to be a sufficient sec- Thereupon, the Senate proceeded to The PRESIDING OFFICER. Is there a ond. consider the nomination. sufficient second? All time is yielded back. The PRESIDING OFFICER. The There appears to be a sufficient sec- The question is, Will the Senate ad- question is, Will the Senate advise and ond. vise and consent to the Porter nomina- consent to the Nelson nomination? The clerk will call the roll. tion? Mr. WICKER. Mr. President, I ask for Mr. CORNYN. The following Senator The clerk will call the roll. the yeas and nays. is necessarily absent: the Senator from The senior assistant legislative clerk The PRESIDING OFFICER. Is there a Florida (Mr. RUBIO). proceeded to call the roll. sufficient second? Mr. DURBIN. I announce that the Mr. CORNYN. The following Senator There appears to be a sufficient sec- Senator from California (Mrs. FEIN- is necessarily absent: the Senator from ond. STEIN), the Senator from New Mexico Florida (Mr. RUBIO). The clerk will call the roll. (Mr. HEINRICH), the Senator from North

VerDate Sep 11 2014 06:11 Oct 12, 2018 Jkt 089060 PO 00000 Frm 00023 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.009 S11OCPT1 dlhill on DSK3GLQ082PROD with SENATE S6800 CONGRESSIONAL RECORD — SENATE October 11, 2018 Dakota (Ms. HEITKAMP), and the Sen- [Rollcall Vote No. 234 Ex.] Cornyn Hyde-Smith Portman Cotton Inhofe Risch ator from Florida (Mr. NELSON) are YEAS—54 Crapo Isakson Roberts necessarily absent. Alexander Flake Moran Cruz Johnson Rounds The result was announced—yeas 79, Barrasso Gardner Murkowski Daines Jones Sasse nays 16, as follows: Blunt Graham Paul Donnelly Kennedy Scott Boozman Grassley Perdue Enzi Kyl [Rollcall Vote No. 233 Ex.] Shelby Burr Hatch Portman Ernst Lankford Sullivan Capito Heller Risch Fischer Lee YEAS—79 Tester Cassidy Hoeven Roberts Flake Manchin Thune Alexander Flake Paul Collins Hyde-Smith Rounds Gardner McCaskill Tillis Baldwin Gardner Perdue Corker Inhofe Sasse Graham McConnell Barrasso Graham Peters Cornyn Isakson Scott Grassley Moran Toomey Bennet Grassley Portman Cotton Johnson Shelby Hatch Murkowski Wicker Blumenthal Hassan Reed Crapo Jones Sullivan Heller Paul Young Blunt Hatch Risch Cruz Kennedy Tester Hoeven Perdue Boozman Heller Roberts Daines Kyl Thune Burr Hoeven Rounds Donnelly Lankford Tillis NAYS—40 Capito Hyde-Smith Sasse Enzi Lee Toomey Baldwin Harris Sanders Cardin Inhofe Schatz Ernst Manchin Wicker Bennet Hassan Schatz Carper Isakson Fischer McConnell Young Blumenthal Hirono Schumer Casey Schumer Johnson Booker Kaine Cassidy Scott Shaheen Jones NAYS—41 Brown King Collins Shaheen Smith Kaine Baldwin Harris Reed Cantwell Klobuchar Coons Kennedy Shelby Stabenow Bennet Hassan Sanders Cardin Leahy Corker King Sullivan Udall Blumenthal Hirono Schatz Carper Markey Cornyn Tester Van Hollen Kyl Booker Kaine Casey Menendez Cotton Thune Schumer Warner Lankford Brown King Coons Merkley Crapo Tillis Shaheen Warren Leahy Cantwell Klobuchar Cortez Masto Murphy Cruz Smith Whitehouse Lee Toomey Cardin Leahy Duckworth Murray Daines Stabenow Manchin Van Hollen Carper Markey Durbin Peters Wyden Donnelly Udall McCaskill Warner Casey McCaskill Gillibrand Reed Van Hollen Duckworth McConnell Whitehouse Coons Menendez Warner Durbin Menendez Wicker Cortez Masto Merkley NOT VOTING—5 Enzi Moran Warren Wyden Duckworth Murphy Feinstein Heitkamp Rubio Ernst Murkowski Whitehouse Young Durbin Murray Heinrich Nelson Fischer Murphy Gillibrand Peters Wyden The nomination was confirmed. NAYS—16 NOT VOTING—5 Booker Hirono Smith Feinstein Heitkamp Rubio f Brown Klobuchar Stabenow Heinrich Nelson Cantwell Markey Udall EXECUTIVE CALENDAR Cortez Masto Merkley Warren The nomination was confirmed. Gillibrand Murray The PRESIDING OFFICER. The Harris Sanders f clerk will report the next nomination. NOT VOTING—5 EXECUTIVE CALENDAR The bill clerk read the nomination of Michael Joseph Juneau, of Louisiana, Feinstein Heitkamp Rubio The PRESIDING OFFICER. The Heinrich Nelson to be United States District Judge for clerk will report the next nomination. the Western District of Louisiana. The nomination was confirmed. The senior assistant legislative clerk Thereupon, the Senate proceeded to f read the nomination of Liles Clifton consider the nomination. Burke, of Alabama, to be United States EXECUTIVE CALENDAR The PRESIDING OFFICER. The District Judge for the Northern Dis- question is, Will the Senate advise and The PRESIDING OFFICER. The trict of Alabama. consent to the Juneau nomination? clerk will report the next nomination. Thereupon, the Senate proceeded to Mr. BARRASSO. I ask for the yeas The assistant bill clerk read the consider the nomination. and nays. nomination of William M. Ray II, of The PRESIDING OFFICER. The The PRESIDING OFFICER. Is there a Georgia, to be United States District question is, Will the Senate advise and sufficient second? Judge for the Northern District of consent to the Burke nomination? There appears to be a sufficient sec- Georgia. Mr. TILLIS. Mr. President, I ask for ond. Thereupon, the Senate proceeded to the yeas and nays. The clerk will call the roll. consider the nomination. The PRESIDING OFFICER. Is there a The assistant bill clerk called the The PRESIDING OFFICER. The sufficient second? roll. question is, Will the Senate advise and There appears to be a sufficient sec- Mr. CORNYN. The following Senator consent to the Ray nomination? ond. is necessarily absent: the Senator from Mr. CORNYN. I ask for the yeas and The clerk will call the roll. Florida (Mr. RUBIO). nays. The senior assistant legislative clerk Mr. DURBIN. I announce that the The PRESIDING OFFICER. Is there a called the roll. Senator from California (Mrs. FEIN- sufficient second? Mr. CORNYN. The following Senator STEIN), the Senator from New Mexico There appears to be a sufficient sec- is necessarily absent: the Senator from (Mr. HEINRICH), the Senator from North ond. Florida (Mr. RUBIO). Dakota (Ms. HEITKAMP), and the Sen- The clerk will call the roll. Mr. DURBIN. I announce that the ator from Florida (Mr. NELSON) are The bill clerk called the roll. Senator from California (Mrs. FEIN- necessarily absent. Mr. CORNYN. The following Senator STEIN), the Senator from New Mexico The PRESIDING OFFICER. Are there is necessarily absent: the Senator from (Mr. HEINRICH), the Senator from North any other Senators in the Chamber de- Florida (Mr. RUBIO). Dakota (Ms. HEITKAMP), and the Sen- siring to vote? Mr. DURBIN. I announce that the ator from Florida (Mr. NELSON) are The result was announced—yeas 54, Senator from California (Mrs. FEIN- necessarily absent. nays 41, as follows: STEIN), the Senator from New Mexico The PRESIDING OFFICER. Are there [Rollcall Vote No. 236 Ex.] (Mr. HEINRICH), the Senator from North any other Senators in the Chamber de- Dakota (Ms. HEITKAMP), and the Sen- siring to vote? YEAS—54 ator from Florida (Mr. NELSON) are The result was announced—yeas 55, Alexander Cornyn Flake Barrasso Cotton Gardner necessarily absent. nays 40, as follows: Blunt Crapo Graham The PRESIDING OFFICER. Are there [Rollcall Vote No. 235 Ex.] Boozman Cruz Grassley Burr Daines Hatch any other Senators in the Chamber de- YEAS—55 siring to vote? Capito Donnelly Heller Alexander Boozman Cassidy Cassidy Enzi Hoeven The result was announced—yeas 54, Barrasso Burr Collins Collins Ernst Hyde-Smith nays 41, as follows: Blunt Capito Corker Corker Fischer Inhofe

VerDate Sep 11 2014 06:11 Oct 12, 2018 Jkt 089060 PO 00000 Frm 00024 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.011 S11OCPT1 dlhill on DSK3GLQ082PROD with SENATE October 11, 2018 CONGRESSIONAL RECORD — SENATE S6801 Isakson McConnell Sasse Sullivan Tillis Wicker Cardin Kaine Schumer Johnson Moran Scott Thune Toomey Young Carper King Shaheen Jones Murkowski Shelby Casey Klobuchar Smith NAYS—44 Kennedy Paul Sullivan Coons Leahy Stabenow Kyl Perdue Thune Baldwin Harris Reed Cortez Masto Markey Tester Lankford Portman Tillis Bennet Hassan Sanders Donnelly Menendez Udall Lee Risch Toomey Blumenthal Hirono Schatz Duckworth Merkley Van Hollen Manchin Roberts Wicker Booker Kaine Schumer Durbin Murphy Warner McCaskill Rounds Young Gillibrand Murray Brown King Shaheen Warren Harris Peters Cantwell Klobuchar Smith Whitehouse NAYS—41 Cardin Hassan Reed Leahy Stabenow Wyden Hirono Sanders Baldwin Harris Sanders Carper Manchin Tester Bennet Hassan Casey Markey Jones Schatz Schatz Udall Blumenthal Hirono Coons McCaskill Schumer Van Hollen Booker Kaine Cortez Masto Menendez NOT VOTING—5 Shaheen Warner Brown King Donnelly Merkley Feinstein Heitkamp Rubio Smith Warren Cantwell Klobuchar Stabenow Duckworth Murphy Heinrich Nelson Cardin Leahy Durbin Murray Whitehouse Tester Wyden The nomination was confirmed. Carper Markey Udall Gillibrand Peters Casey Menendez Van Hollen f Coons Merkley NOT VOTING—5 Warner Cortez Masto Murphy Feinstein Heitkamp Rubio Warren EXECUTIVE CALENDAR Duckworth Murray Heinrich Nelson Durbin Peters Whitehouse The PRESIDING OFFICER. The Wyden Gillibrand Reed The nomination was confirmed. clerk will report the next nomination. NOT VOTING—5 f The senior assistant legislative clerk read the nomination of Thomas S. Feinstein Heitkamp Rubio EXECUTIVE CALENDAR Heinrich Nelson Kleeh, of West Virginia, to be United The nomination was confirmed. The PRESIDING OFFICER. The States District Judge for the Northern clerk will report the next nomination. District of West Virginia. f The legislative clerk read the nomi- Thereupon, the Senate proceeded to EXECUTIVE CALENDAR nation of Eli Jeremy Richardson, of consider the nomination. Tennessee, to be United States District The PRESIDING OFFICER. The The PRESIDING OFFICER. The Judge for the Middle District of Ten- clerk will report the next nomination. question is, Will the Senate advise and nessee. consent to the Kleeh nomination? The assistant bill clerk read the Thereupon, the Senate proceeded to nomination of Mark Saalfield Norris, Mrs. CAPITO. I ask for the yeas and consider the nomination. nays. Sr., of Tennessee, to be United States The PRESIDING OFFICER. The District Judge for the Western District The PRESIDING OFFICER. Is there a question is, Will the Senate advise and sufficient second? of Tennessee. consent to the Richardson nomination? Thereupon, the Senate proceeded to There appears to be a sufficient sec- Mr. ROUNDS. Mr. President, I ask ond. consider the nomination. for the yeas and nays. The PRESIDING OFFICER. The The clerk will call the roll. The PRESIDING OFFICER. Is there a The senior assistant legislative clerk question is, Will the Senate advise and sufficient second? consent to the Norris nomination? called the roll. There appears to be a sufficient sec- Mr. CORNYN. The following Senator Mr. ROUNDS. Mr. President, I ask ond. for the yeas and nays. is necessarily absent: the Senator from The clerk will call the roll. Florida (Mr. RUBIO). The PRESIDING OFFICER. Is there a The legislative clerk called the roll. sufficient second? Mr. DURBIN. I announce that the Mr. CORNYN. The following Senator Senator from California (Mrs. FEIN- There appears to be a sufficient sec- is necessarily absent: the Senator from ond. STEIN), the Senator from New Mexico Florida (Mr. RUBIO). (Mr. HEINRICH), the Senator from North The clerk will call the roll. Mr. DURBIN. I announce that the The assistant bill clerk proceeded to Dakota (Ms. HEITKAMP), and the Sen- Senator from California (Mrs. FEIN- call the roll. ator from Florida (Mr. NELSON) are STEIN), the Senator from New Mexico Mr. CORNYN. The following Senator necessarily absent. (Mr. HEINRICH), the Senator from North is necessarily absent: the Senator from The PRESIDING OFFICER (Mr. Dakota (Ms. HEITKAMP), and the Sen- BOOZMAN). Are there any other Sen- Florida (Mr. RUBIO). ator from Florida (Mr. NELSON) are Mr. DURBIN. I announce that the ators in the Chamber desiring to vote? necessarily absent. The result was announced—yeas 65, Senator from California (Mrs. FEIN- The PRESIDING OFFICER. Are there nays 30, as follows: STEIN), the Senator from New Mexico any other Senators in the Chamber de- (Mr. HEINRICH), the Senator from North [Rollcall Vote No. 239 Ex.] siring to vote? YEAS—65 Dakota (Ms. HEITKAMP), and the Sen- The result was announced—yeas 52, Alexander Graham Murphy ator from Florida (Mr. NELSON) are nays 43, as follows: necessarily absent. Barrasso Grassley Paul [Rollcall Vote No. 238 Ex.] Blunt Hassan Perdue The PRESIDING OFFICER. Are there Boozman Hatch YEAS—52 Portman any other Senators in the Chamber de- Burr Heller Reed siring to vote? Alexander Gardner Murkowski Capito Hoeven Risch The result was announced—yeas 51, Barrasso Graham Paul Carper Hyde-Smith Roberts Blunt Grassley Perdue Cassidy Inhofe Rounds nays 44, as follows: Boozman Hatch Collins Isakson Portman Sasse Burr Heller Coons Johnson [Rollcall Vote No. 237 Ex.] Risch Scott Capito Hoeven Corker Jones Roberts Shaheen YEAS—51 Cassidy Hyde-Smith Cornyn Kennedy Rounds Shelby Alexander Ernst Kyl Collins Inhofe Sasse Cotton King Corker Isakson Crapo Kyl Sullivan Barrasso Fischer Lankford Scott Cornyn Johnson Cruz Lankford Tester Blunt Flake Lee Shelby Boozman Gardner Cotton Kennedy Daines Leahy Thune McConnell Sullivan Burr Graham Moran Crapo Kyl Donnelly Lee Tillis Thune Capito Grassley Murkowski Cruz Lankford Enzi Manchin Toomey Tillis Cassidy Hatch Paul Daines Lee Ernst McCaskill Warner Collins Heller Perdue Enzi Manchin Toomey Fischer McConnell Whitehouse Corker Hoeven Portman Ernst McCaskill Wicker Flake Moran Wicker Cornyn Hyde-Smith Risch Fischer McConnell Young Gardner Murkowski Young Cotton Inhofe Roberts Flake Moran Crapo Isakson Rounds NAYS—30 Cruz Johnson Sasse NAYS—43 Baldwin Booker Cardin Daines Jones Scott Baldwin Blumenthal Brown Bennet Brown Casey Enzi Kennedy Shelby Bennet Booker Cantwell Blumenthal Cantwell Cortez Masto

VerDate Sep 11 2014 06:11 Oct 12, 2018 Jkt 089060 PO 00000 Frm 00025 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.017 S11OCPT1 dlhill on DSK3GLQ082PROD with SENATE S6802 CONGRESSIONAL RECORD — SENATE October 11, 2018 Duckworth Markey Schumer The legislative clerk read the nomi- sociation. Justice Walker has a reputa- Durbin Menendez Smith Gillibrand Merkley Stabenow nation of James Patrick Hanlon, of In- tion for fairness and respect for the Harris Murray Udall diana, to be United States District law. As Daniel Wathen, former chief Hirono Peters Van Hollen Judge for the Southern District of Indi- justice of the Maine Supreme Court, Kaine Sanders Warren ana. wrote: ‘‘I have known a lot of lawyers Klobuchar Schatz Wyden Thereupon, the Senate proceeded to and judges in my fifty three year legal NOT VOTING—5 consider the nomination. career in Maine, and I can think of no Feinstein Heitkamp Rubio The PRESIDING OFFICER. The one who is better qualified to assume Heinrich Nelson question is, Will the Senate advise and the trial bench in the federal court sys- The nomination was confirmed. consent to the Hanlon nomination? tem. Having served on the Supreme f The nomination was confirmed. Court of Maine for more than twenty years, I believe that I can recognize a EXECUTIVE CALENDAR f EXECUTIVE CALENDAR good judge. Lance’s nomination is well The PRESIDING OFFICER. The deserved and if confirmed, he will serve clerk will report the next nomination. The PRESIDING OFFICER. The with integrity, competence, and hu- The legislative clerk read the nomi- clerk will report the next nomination. manity. In short, he will add to the nation of Jeremy D. Kernodle, of The senior assistant legislative clerk strength and stature of the distin- Texas, to be United States District read as the nomination of Lance E. guished federal bench in Maine.’’ Judge for the Eastern District of Walker, of Maine, to be United States Justice Walker has the intellect, ex- Texas. District Judge for the District of perience, integrity, temperament, and Thereupon, the Senate proceeded to Maine. respect for the Constitution and the consider the nomination. Thereupon, the Senate proceeded to rule of law that are essential in a Fed- The PRESIDING OFFICER. The consider the nomination. eral judge. His experience in private question is, Will the Senate advise and Ms. COLLINS. Mr. President, I rise practice and as a State judge makes consent to the Kernodle nomination? to support the nomination of Justice him well-qualified for the Federal dis- The nomination was confirmed. Lance Walker of Maine to serve on the trict court, and if confirmed, he will f U.S. District Court for the State of serve the people of Maine and the Na- Maine. With nearly two decades of ex- EXECUTIVE CALENDAR tion fairly and capably. perience as both an attorney and as a I urge my colleagues to support this The PRESIDING OFFICER. The judge in Maine, Justice Walker is well- nomination. clerk will report the next nomination. qualified for the Federal bench. The PRESIDING OFFICER. The The legislative clerk read the nomi- Justice Walker is a lifelong Mainer, question is, Will the Senate advise and nation of Peter J. Phipps, of Pennsyl- where he lives with his wife Heidi and consent to the Walker nomination? vania, to be United States District their two daughters, Ava and Dylan. He The nomination was confirmed. Judge for the Western District of Penn- was born in the small town of Milo and The PRESIDING OFFICER. Under sylvania. raised in Dover-Foxcroft. He graduated the previous order, for all the nomina- Thereupon, the Senate proceeded to from the University of Maine and from tions confirmed, the motions to recon- consider the nomination. the University of Maine School of Law, sider are considered made and laid The PRESIDING OFFICER. The with honors. He clerked for the Maine upon the table and the President will question is, Will the Senate advise and Superior Court before entering private be immediately notified of the Senate’s consent to the Phipps nomination? practice. The nomination was confirmed. actions. Early in his career, Justice Walker Mr. MCCONNELL. Mr. President, I f distinguished himself as a skilled trial suggest the absence of a quorum. EXECUTIVE CALENDAR and appellate attorney at the law firm The PRESIDING OFFICER. The of Norman, Hanson & DeTroy, one of The PRESIDING OFFICER. The clerk will call the roll. the premier law firms in Maine. He clerk will report the next nomination. The senior assistant legislative clerk tried cases before juries and judges The senior assistant legislative clerk proceeded to call the roll. throughout Maine and in Federal Court read the nomination of Susan Mr. DAINES. Mr. President, I ask and was selected for recognition in re- Brnovich, of Arizona, to be United unanimous consent that the order for spected peer-reviewed legal publica- States District Judge for the District the quorum call be rescinded. tions such as Benchmark Litigation, of Arizona. The PRESIDING OFFICER. Without Super Lawyers, and Best Lawyers in Thereupon, the Senate proceeded to objection, it is so ordered. America. consider the nomination. f In 2014, Justice Walker was unani- The PRESIDING OFFICER. The mously confirmed to the Maine Dis- UNITED STATES PAROLE COMMIS- question is, Will the Senate advise and trict Court by the Maine State Senate. SION EXTENSION ACT OF 2018 consent to the Brnovich nomination? The nomination was confirmed. He adjudicated a wide variety of cases Mr. DAINES. Mr. President, as if in primarily in Androscoggin and Oxford legislative session, I ask unanimous f Counties. A year later, Justice Walker consent that the Committee on the Ju- EXECUTIVE CALENDAR was nominated to serve on the Maine diciary be discharged from further con- The PRESIDING OFFICER. The Superior Court, Maine’s trial court of sideration of H.R. 6896 and the Senate clerk will report the next nomination. general jurisdiction, a post to which he proceed to its immediate consider- The senior assistant legislative clerk was also unanimously confirmed. Jus- ation. read the nomination of Chad F. tice Walker has presided over complex The PRESIDING OFFICER. Without Kenney, of Pennsylvania, to be United criminal and civil cases, appeals, objection, it is so ordered. States District Judge for the Eastern postconviction reviews, and jury trials. The clerk will report the bill by title. District of Pennsylvania. As a judge, Justice Walker has spo- The senior assistant legislative clerk Thereupon, the Senate proceeded to ken with recovering addicts and care- read as follows: consider the nomination. givers about opioid addiction and its A bill (H.R. 6896) to provide for the contin- The PRESIDING OFFICER. The intersection with the criminal justice ued performance of the functions of the question is, Will the Senate advise and system, an issue that is of urgent im- United States Parole Commission, and for consent to the Kenney nomination? portance to communities across Maine. other purposes. The nomination was confirmed. The Judiciary Committee received There being no objection, the com- f several letters of support from legal mittee was discharged and the Senate professionals in Maine who know Jus- proceeded to consider the bill. EXECUTIVE CALENDAR tice Walker well, including from attor- Mr. MCCONNELL. Mr. President, I The PRESIDING OFFICER. The neys who have appeared before him, ask unanimous consent that the bill be clerk will report the next nomination. and from the Maine Trial Lawyers As- considered read a third time and passed

VerDate Sep 11 2014 06:11 Oct 12, 2018 Jkt 089060 PO 00000 Frm 00026 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.020 S11OCPT1 dlhill on DSK3GLQ082PROD with SENATE October 11, 2018 CONGRESSIONAL RECORD — SENATE S6803 and that the motion to reconsider be MOTION TO CONCUR—S. 140 The senior assistant legislative clerk considered made and laid upon the Mr. MCCONNELL. Mr. President, I read the nomination of Michelle Bow- table. move to concur in the House amend- man, of Kansas, to be a Member of the The PRESIDING OFFICER. Without ment with a further amendment. Board of Governors of the Federal Re- objection, it is so ordered. The PRESIDING OFFICER. The serve System for the unexpired term of The bill (H.R. 6896) was ordered to a clerk will report the amendment. fourteen years from February 1, 2006. third reading, was read the third time, The legislative clerk read as follows: CLOTURE MOTION and passed. Mr. MCCONNELL. Mr. President, I Mr. DAINES. Mr. President, I suggest The Senator from Kentucky [Mr. MCCON- NELL] moves to concur in the House amend- send a cloture motion to the desk. the absence of a quorum. ment to S. 140 with further amendment No. The PRESIDING OFFICER. The clo- The PRESIDING OFFICER. The 4054. ture motion having been presented clerk will call the roll. Mr. MCCONNELL. Mr. President, I under rule XXII, the Chair directs the The senior assistant legislative clerk ask unanimous consent that the read- clerk to read the motion. proceeded to call the roll. ing of the amendment be dispensed The senior assistant legislative clerk Mr. MCCONNELL. Mr. President, I read as follows: ask unanimous consent that the order with. The PRESIDING OFFICER. Without CLOTURE MOTION for the quorum call be rescinded. We, the undersigned Senators, in accord- The PRESIDING OFFICER (Mr. objection, it is so ordered. The amendment in the nature of a ance with the provisions of rule XXII of the DAINES). Without objection, it is so or- Standing Rules of the Senate, do hereby dered. substitute is as follows: move to bring to a close debate on the nomi- (The amendment is printed in today’s f nation of Michelle Bowman, of Kansas, to be RECORD under ‘‘Text of Amendments.’’) a Member of the Board of Governors of the LEGISLATIVE SESSION CLOTURE MOTION Federal Reserve System for the unexpired Mr. MCCONNELL. Mr. President, I Mr. MCCONNELL. Mr. President, I term of fourteen years from February 1, 2006. move to proceed to legislative session. send a cloture motion to the desk on Mitch McConnell, Mike Rounds, Jon Kyl, The PRESIDING OFFICER. The Tom Cotton, John Thune, Roger F. the motion to concur on the further Wicker, Thom Tillis, John Boozman, question is on agreeing to the motion. amendment. Steve Daines, John Barrasso, David The motion was agreed to. The PRESIDING OFFICER. The clo- Perdue, Johnny Isakson, Pat Roberts, f ture motion having been presented John Hoeven, Mike Crapo, Lindsey under rule XXII, the Chair directs the Graham, Jerry Moran. AMENDING THE WHITE MOUNTAIN clerk to read the motion. APACHE TRIBE WATER RIGHTS Mr. MCCONNELL. Mr. President, I The legislative clerk read as follows: QUANTIFICATION ACT OF 2010 ask unanimous consent that the man- CLOTURE MOTION datory quorum call be waived. Mr. MCCONNELL. Mr. President, I We, the undersigned Senators, in accord- The PRESIDING OFFICER. Without understand the Senate received a mes- ance with the provisions of rule XXII of the objection, it is so ordered. sage from the House to accompany S. Standing Rules of the Senate, do hereby Mr. MCCONNELL. I ask unanimous 140. move to bring to a close debate on the mo- consent that this cloture motion ripen The PRESIDING OFFICER. The Sen- tion to concur in the House amendment to following disposition of the motion to ator is correct. accompany S. 140, an act to amend the White concur with respect to S. 140. Mr. MCCONNELL. Mr. President, I Mountain Apache Tribe Water Rights Quan- The PRESIDING OFFICER. Without ask that the Chair lay before the Sen- tification Act of 2010 to clarify the use of objection, it is so ordered. amounts in the WMAT Settlement Fund ate the message from the House to ac- f company S. 140. with a further amendment. Mitch McConnell, John Thune, Roy EXECUTIVE CALENDAR The Presiding Officer laid before the Blunt, Johnny Isakson, Mike Rounds, Senate the following message from the Jon Kyl, Tom Cotton, Roger F. Wicker, Mr. MCCONNELL. Mr. President, I House of Representatives: Thom Tillis, John Boozman, Steve ask unanimous consent that the Sen- Resolved, that the bill from the Senate (S. Daines, John Barrasso, David Perdue, ate proceed to the en bloc consider- 140) entitled ‘‘An Act to amend the White Pat Roberts, John Hoeven, Mike Crapo, ation of the following nominations: Ex- Mountain Apache Tribe Water Rights Quan- Lindsey Graham. ecutive Calendar Nos. 1093 and 1094. tification Act of 2010 to clarify the use of Mr. MCCONNELL. Mr. President, I The PRESIDING OFFICER. Without amounts in the WMAT Settlement Fund’’ do ask unanimous consent that the man- objection, it is so ordered. pass with an amendment. datory quorum call be waived. The clerk will report the nomina- Pending: The PRESIDING OFFICER. Without tions en bloc. McConnell motion to concur in the amend- objection, it is so ordered. The senior assistant legislative clerk ment of the House to the bill. Mr. MCCONNELL. Mr. President, I read the nominations of Jason R. McConnell motion to concur in the amend- ask unanimous consent that notwith- Dunn, of Colorado, to be United States ment of the House to the bill, with McCon- Attorney for the District of Colorado nell amendment No. 2232 (to the amendment standing rule XXII, the cloture vote of the House to the bill), in the nature of a occur at 5:30 p.m. on Tuesday, Novem- for the term of four years; and Dallas substitute. ber 13; further, that no further amend- L. Carlson, of North Dakota, to be McConnell amendment No. 2233 (to amendments or motions be in order, and that United States Marshal for the District ment No. 2232), to change the enactment if cloture is invoked, all postcloture of North Dakota for the term of four date. time expire at 2:15 p.m. on Wednesday, years. McConnell motion to refer the message of There being no objection, the Senate the House on the bill to the Committee on November 14. The PRESIDING OFFICER. Without proceeded to consider the nominations Commerce, Science, and Transportation, en bloc. with instructions, McConnell amendment objection, it is so ordered. Mr. MCCONNELL. I ask unanimous No. 2234, to change the enactment date. f McConnell amendment No. 2235 (to (the in- consent that the Senate vote on the structions) amendment No. 2234), of a per- EXECUTIVE SESSION nominations en bloc with no inter- fecting nature. vening action or debate; that if con- McConnell amendment No. 2236 (to amend- firmed, the motions to reconsider be ment No. 2235), of a perfecting nature. EXECUTIVE CALENDAR considered made and laid upon the Mr. MCCONNELL. Mr. President, I Mr. MCCONNELL. Mr. President, I table en bloc; that the President be im- ask unanimous consent that the mo- move to proceed to executive session to mediately notified of the Senate’s action to concur, the motion to concur consider Calendar No. 909. tion; that no further motions be in with further amendment, and the mo- The PRESIDING OFFICER. The order; and that any statements relat- tion to refer with instructions be with- question is on agreeing to the motion. ing to the nominations be printed in drawn. The motion was agreed to. the RECORD. The PRESIDING OFFICER. Without The PRESIDING OFFICER. The The PRESIDING OFFICER. Is there objection, it is so ordered. clerk will report the nomination. objection?

VerDate Sep 11 2014 06:48 Oct 12, 2018 Jkt 089060 PO 00000 Frm 00027 Fmt 4637 Sfmt 0634 E:\CR\FM\G11OC6.049 S11OCPT1 dlhill on DSK3GLQ082PROD with SENATE S6804 CONGRESSIONAL RECORD — SENATE October 11, 2018 Without objection, it is so ordered. vening action or debate; that if con- ments relating to the nominations be The question is, Will the Senate ad- firmed, the motion to reconsider be printed in the RECORD. vise and consent to the Dunn and Carl- considered made and laid upon the The PRESIDING OFFICER. Is there son nominations en bloc? table; that the President be imme- objection? The nominations were confirmed en diately notified of the Senate’s action; Without objection, it is so ordered. bloc. that no further motions be in order; The question is, Will the Senate advise and consent to the Breier, Natali, f and that any statements relating to the nomination be printed in the Richmond, Williams, Sullivan, EXECUTIVE CALENDAR RECORD. Yamamoto, and Miller nominations en Mr. MCCONNELL. Mr. President, I The PRESIDING OFFICER. Is there bloc? ask unanimous consent that the Sen- objection? The nominations were confirmed en ate proceed to the en bloc consider- Without objection, it is so ordered. bloc. ation of the following nominations: Ex- The question is, Will the Senate ad- f ecutive Calendar Nos. 694, 920, and 921. vise and consent to the Morhard nomi- EXECUTIVE CALENDAR The PRESIDING OFFICER. Without nation? Mr. MCCONNELL. Mr. President, I objection, it is so ordered. The nomination was confirmed. ask unanimous consent that the Sen- The clerk will report the nomina- f ate proceed to the consideration of Ex- tions en bloc. EXECUTIVE CALENDAR ecutive Calendar No. 1111. The senior assistant legislative clerk The PRESIDING OFFICER. Without Mr. MCCONNELL. Mr. President, I read the nominations of Adam I. Klein, objection, it is so ordered. of the District of Columbia, to be ask unanimous consent that the Sen- The clerk will report the nomination. Chairman and Member of the Privacy ate proceed to the en bloc consider- The senior assistant legislative clerk and Civil Liberties Oversight Board for ation of the following nominations: Ex- read the nomination of Robert H. a term expiring January 29, 2024; Ed- ecutive Calendar Nos. 1031, 1032, 1057, McMahon, of Georgia, to be an Assist- ward W. Felten, of New Jersey, to be a 1097, 1098, 1100, and 1101. ant Secretary of Defense. Member of the Privacy and Civil Lib- The PRESIDING OFFICER. Without There being no objection, the Senate erties Oversight Board for the remain- objection, it is so ordered. proceeded to consider the nomination. der of the term expiring January 29, The clerk will report the nomina- Mr. MCCONNELL. Mr. President, I 2019; and Jane Nitze, of the District of tions en bloc. ask unanimous consent that the Sen- Columbia, to be a Member of the Pri- The senior assistant legislative clerk ate vote on the nomination with no in- vacy and Civil Liberties Oversight read the nominations of Kimberly tervening action or debate; that if con- Board for a term expiring January 29, Breier, of Virginia, to be an Assistant firmed, the motion to reconsider be 2023. Secretary of State (Western Hemi- considered made and laid upon the There being no objection, the Senate sphere Affairs); Denise Natali, of New table; that the President be imme- proceeded to consider the nominations Jersey, to be an Assistant Secretary of diately notified of the Senate’s action; en bloc. State (Conflict and Stabilization Oper- that no further motions be in order; Mr. MCCONNELL. I ask unanimous ations); John Cotton Richmond, of Vir- and that any statements relating to consent that the Senate vote on the ginia, to be Director of the Office to the nomination be printed in the nominations en bloc with no inter- Monitor and Combat Trafficking, with RECORD. vening action or debate; that if con- the rank of Ambassador at Large; The PRESIDING OFFICER. Without firmed, the motions to reconsider be Karen L. Williams, of Missouri, a Ca- objection, it is so ordered. considered made and laid upon the reer Member of the Senior Foreign The question is, Will the Senate ad- table en bloc; that the President be im- Service, Class of Minister-Counselor, to vise and consent to the McMahon nom- mediately notified of the Senate’s ac- be Ambassador Extraordinary and ination? tion; that no further motions be in Plenipotentiary of the United States of The nomination was confirmed. order; and that any statements relat- America to the Republic of Suriname; f ing to the nominations be printed in Kevin K. Sullivan, of Ohio, a Career EXECUTIVE CALENDAR the RECORD. Member of the Senior Foreign Service, Class of Minister-Counselor, to be Am- Mr. MCCONNELL. Mr. President, I The PRESIDING OFFICER. Is there ask unanimous consent that the Sen- objection? bassador Extraordinary and Pleni- potentiary of the United States of ate proceed to the consideration of the Without objection, it is so ordered. following nomination: Executive Cal- The question is, Will the Senate ad- America to the Republic of Nicaragua; Donald Y. Yamamoto, of Washington, a endar No. 1105. vise and consent to the Klein, Felten, The PRESIDING OFFICER. Without Career Member of the Senior Foreign and Nitze nominations en bloc? objection, it is so ordered. The nominations were confirmed en Service, Class of Career Minister, to be The clerk will report the nomination. bloc. Ambassador Extraordinary and Pleni- The senior assistant legislative clerk f potentiary of the United States of read the nomination of Harold B. America to the Federal Republic of So- EXECUTIVE CALENDAR Parker, of New Hampshire, to be Fed- malia; and Earl Robert Miller, of eral Cochairperson of the Northern Mr. MCCONNELL. Mr. President, I Michigan, a Career Member of the Sen- Border Regional Commission. ask unanimous consent that the Sen- ior Foreign Service, Class of Counselor, Thereupon, the Senate proceeded to ate proceed to the consideration of the to be Ambassador Extraordinary and consider the nomination. following nomination: Executive Cal- Plenipotentiary of the United States of Mr. MCCONNELL. I ask unanimous endar No. 1077. America to the People’s Republic of consent that the Senate vote on the The PRESIDING OFFICER. Is there Bangladesh. nomination with no intervening action objection? There being no objection, the Senate or debate; that if confirmed, the mo- Without objection, it is so ordered. proceeded to consider the nominations tion to reconsider be considered made The clerk will report the nomination. en bloc. and laid upon the table; that the Presi- The senior assistant legislative clerk Mr. MCCONNELL. Mr. President, I dent be immediately notified of the read the nomination of James ask unanimous consent that the Sen- Senate’s action; that no further mo- Morhard, of Virginia, to be Deputy Ad- ate vote on the nominations en bloc tions be in order; and that any state- ministrator of the National Aero- with no intervening action or debate; ments relating to the nomination be nautics and Space Administration. that if confirmed, the motions to re- printed in the RECORD. There being no objection, the Senate consider be considered made and laid The PRESIDING OFFICER. Without proceeded to consider the nomination. upon the table en bloc; that the Presi- objection, it is so ordered. Mr. MCCONNELL. Mr. President, I dent be immediately notified of the The question is, Will the Senate ad- ask unanimous consent that Senate Senate’s action; that no further mo- vise and consent to the Parker nomina- vote on the nomination with no inter- tions be in order; and that any state- tion?

VerDate Sep 11 2014 06:11 Oct 12, 2018 Jkt 089060 PO 00000 Frm 00028 Fmt 4637 Sfmt 0634 E:\CR\FM\G11OC6.055 S11OCPT1 dlhill on DSK3GLQ082PROD with SENATE October 11, 2018 CONGRESSIONAL RECORD — SENATE S6805 The nomination was confirmed. the Air Force, Army, and Navy; that TROUT, which nominations were received by the Senate and appeared in the Congres- f the nominations be confirmed and the motions to reconsider be considered sional Record of September 28, 2018. EXECUTIVE CALENDAR made and laid upon the table with no IN THE NAVY Mr. MCCONNELL. Mr. President, I intervening action or debate; that no PN2474 NAVY nominations (2) beginning ask unanimous consent that the Sen- further motions be in order; that any MARCUS N. FULTON, and ending FRANK D. statements related to the nominations HUTCHISON, which nominations were re- ate proceed to the consideration of the ceived by the Senate and appeared in the following nomination: Executive Cal- be printed in the RECORD; that the Congressional Record of September 11, 2018. endar No. 1126. President be immediately notified of PN2540 NAVY nomination of Tilford L. The PRESIDING OFFICER. Without the Senate’s action and the Senate Clark, which was received by the Senate and objection, it is so ordered. then resume legislative session. appeared in the Congressional Record of Sep- The clerk will report the nomination. The PRESIDING OFFICER. Without tember 24, 2018. The senior assistant legislative clerk objection, it is so ordered. f read the nomination of Peter Gaynor, The nominations considered and con- LEGISLATIVE SESSION of Rhode Island, to be Deputy Adminis- firmed en bloc are as follows: trator, Federal Emergency Manage- IN THE ARMY The PRESIDING OFFICER. The Sen- ment Agency, Department of Homeland The following named officer for appoint- ate will now resume legislative session. Security. ment in the United States Army to the grade f indicated while assigned to a position of im- Mr. MCCONNELL. I ask unanimous MORNING BUSINESS consent that the Senate vote on the portance and responsibility under title 10, U.S.C., section 601: nomination with no intervening action Mr. MCCONNELL. Mr. President, I or debate; that if confirmed, the mo- To be general ask unanimous consent that the Sen- tion to reconsider be considered made Gen. Robert B. Abrams ate proceed to a period of morning and laid upon the table; that the Presi- IN THE NAVY business, with Senators permitted to dent be immediately notified of the The following named officer for appoint- speak therein for up to 10 minutes Senate’s action; that no further moment in the United States Navy to the grade each. tions be in order; and that any state- indicated while assigned to a position of im- The PRESIDING OFFICER. Without portance and responsibility under title 10, objection, it is so ordered. ments relating to the nomination be U.S.C., section 601: printed in the RECORD. f To be admiral The PRESIDING OFFICER. Without RECOGNIZING KENTUCKY HIGH- Vice Adm. Craig S. Faller objection, it is so ordered. LANDS INVESTMENT CORPORA- IN THE AIR FORCE The question is, Will the Senate ad- TION vise and consent to the Gaynor nomi- The following named officer for appoint- Mr. MCCONNELL. Mr. President, I nation? ment in the United States Air Force to the grade indicated while assigned to a position would like to take a moment to recog- The nomination was confirmed. of importance and responsibility under title nize the 50th anniversary of one of the f 10, U.S.C., section 601: great economic development organiza- To be lieutenant general EXECUTIVE CALENDAR tions in my home State, the Kentucky Lt. Gen. Jerry D. Harris, Jr. Highlands Investment Corporation, Mr. MCCONNELL. Mr. President, I IN THE NAVY KHIC. Throughout 22 counties in south- ask unanimous consent that the Sen- The following named officer for appoint- eastern Kentucky, this community de- ate proceed to the consideration of the ment in the United States Navy to the grade velopment institution provides the nec- following nomination: PN2386. indicated while assigned to a position of im- essary assistance to groups by bringing The PRESIDING OFFICER. Without portance and responsibility under title 10, new opportunities to the region. objection, it is so ordered. U.S.C., section 601: Since its creation in 1968, the KHIC The clerk will report the nomination. To be vice admiral claims a remarkable record of financial The senior assistant legislative clerk Vice Adm. Andrew L. Lewis investment and job creation. In fulfill- read the nomination of Mary Elizabeth NOMINATIONS PLACED ON THE SECRETARY’S ment of its founding mission, the orga- Taylor, of the District of Columbia, to DESK nization has invested more than $350 be an Assistant Secretary of State IN THE AIR FORCE million and helped create or maintain (Legislative Affairs). PN2158 AIR FORCE nominations (173) be- approximately 22,000 jobs. A significant Thereupon, the Senate proceeded to ginning BRUCE A. ABBOTT, and ending amount of the KHIC’s success has oc- consider the nomination. SHIRLEY B. ZISER, which nominations curred in Promise Zones, federally des- Mr. MCCONNELL. I ask unanimous were received by the Senate and appeared in ignated regions of high poverty. I ap- consent that the Senate vote on the the Congressional Record of June 18, 2018. plaud organizations that are able to en- PN2535 AIR FORCE nominations (4) begin- nomination with no intervening action courage economic growth in the areas or debate; that if confirmed, the mo- ning PATRICK C. DEGRAAF, and ending CHRISTOPHER L. PRIDGEN, which nomina- of greatest need, and I am especially tion to reconsider be considered made tions were received by the Senate and ap- proud of the KHIC for doing just that. and laid upon the table; that the Presi- peared in the Congressional Record of Sep- To accomplish its goals, the KHIC fo- dent be immediately notified of the tember 24, 2018. cuses its efforts on four main areas: Senate’s action; that no further mo- IN THE ARMY providing loans and giving equity in- tions be in order; and that any state- PN2203 ARMY nominations (14) beginning vestments, building housing solutions ments relating to the nomination be GARY W. BROCK, JR., and ending JOHN M. and driving innovation. The KHIC col- printed in the RECORD. WILSON, which nominations were received laborates with experienced entre- The PRESIDING OFFICER. Without by the Senate and appeared in the Congres- preneurs and community leaders who objection, it is so ordered. sional Record of June 20, 2018. offer guidance and support to a wide PN2536 ARMY nomination of John J. The question is, Will the Senate ad- variety of small businesses in this revise and consent to the Taylor nomina- Kaikkonen, which was received by the Sen- ate and appeared in the Congressional gion, and it is easy to see the half-cen- tion? Record of September 24, 2018. tury of success that has resulted. The nomination was confirmed. PN2537 ARMY nomination of Marc A. Pat- I have proudly supported the KHIC’s f terson, which was received by the Senate and work in its applications for competi- appeared in the Congressional Record of Sep- tive Federal grants. Much to my de- EXECUTIVE CALENDAR tember 24, 2018. light, their programming has been PN2539 ARMY nomination of James B. Mr. MCCONNELL. Mr. President, I awarded Federal grant resources to Elledge, which was received by the Senate ask unanimous consent that the Sen- and appeared in the Congressional Record of bolster its successful work in Ken- ate proceed to the consideration of Cal- September 24, 2018. tucky. I will continue to work with the endar Nos. 1130 to 1133 and all nomina- PN2551 ARMY nominations (11) beginning KHIC and other groups to make a dif- tions placed on the Secretary’s desk in MICAH B. BELL, and ending TANYA R. ference in our Commonwealth.

VerDate Sep 11 2014 06:11 Oct 12, 2018 Jkt 089060 PO 00000 Frm 00029 Fmt 4637 Sfmt 0634 E:\CR\FM\G11OC6.057 S11OCPT1 dlhill on DSK3GLQ082PROD with SENATE S6806 CONGRESSIONAL RECORD — SENATE October 11, 2018 It is my privilege to congratulate the accountable while exploiting students On Executive Calendar No. 1082, on men and women of the KHIC for their and taxpayers. the nomination of Richard J. Sullivan, golden anniversary. Under the leader- But predispute mandatory arbitra- of New York, to be U.S. Circuit Judge ship of the chairman of the board of dition and class action bans are almost for the Second Circuit, I intended to rectors William Singleton and presi- unheard of at public and legitimate vote yea. dent and CEO Jerry Rickett, the people not-for-profit institutions of higher On Executive Calendar No. 627, on of southeastern Kentucky have strong education. the nomination of William M. Ray II, advocates working tirelessly on their In fact, in an August 30 public com- of Georgia, to be U.S. District Judge behalf. In particular, I want to thank ment letter to the Department of Edu- for the Northern District of Georgia, I Jerry Rickett for his many years of cation, the Association of Public and intended to vote nay. outstanding work for the people of Land-Grant Universities, APLU, of On Executive Calendar No. 628, on southeastern Kentucky. I would like to which Purdue is a member, and other the nomination of Liles Clifton Burke, extend my sincere congratulations to education organizations wrote, ‘‘We of Alabama, to be U.S. District Judge the KHIC and its staff and supporters, fail to see how allowing [pre-dispute for the Northern District of Alabama, I as the organization celebrates 50 years mandatory arbitration and class action intended to vote nay. of accomplishment. Along with my bans] is beneficial to the public.’’ On Executive Calendar No. 629, on Senate colleagues, I wish them the best Since the Purdue-Kaplan deal was fi- the nomination of Michael Joseph Ju- and look forward to the KHIC’s many nalized, creating Purdue Global Uni- neau, of Louisiana, to be U.S. District future successes. versity, it turns out that the new Judge for the Western District of Lou- f school continues to use predispute isiana, I intended to vote nay. mandatory arbitration and class action On Executive Calendar No. 634, on PURDUE GLOBAL UNIVERSITY bans. the nomination of Mark Saalfield Nor- Mr. DURBIN. Mr. President, more In response to it coming to light, a ris, Sr., of Tennessee, to be U.S. Dis- than a year ago, Senator SHERROD Purdue spokesman said that the prac- trict Judge for the Western District of BROWN of Ohio and I sent a letter to tice was ‘‘inherited from Kaplan,’’ in Tennessee, I intended to vote nay. Purdue University President Mitch an apparent attempt to deflect respon- On Executive Calendar No. 638, on Daniels in which we expressed our con- sibility. the nomination of Eli Jeremy Richard- cerns about Purdue’s proposed acquisi- The spokesman went on to assert son, of Tennessee, to be U.S. District tion of the predatory, for-profit Kaplan that the Purdue board ‘‘has complete Judge for the Middle District of Ten- University. control over Purdue Global, and has nessee, I intended to vote nay. Kaplan was notorious in the for-prof- the final say as to which policies it re- On Executive Calendar No. 894, on it college industry for their mistreat- tains, and which it alters . . . and to the nomination of Thomas S. Kleeh, of ment of students. enact whatever policies it deems to be West Virginia, to be U.S. District They had been the subject of numer- in the interest of students . . .’’ Judge for the Northern District of West ous State and Federal investigations Well, Purdue can’t have it both ways. Virginia, I intended to vote nay. and lawsuits for misleading marketing Either the continued use of (At the request of Mr. CORNYN, the claims, inflated job placement num- predispute mandatory arbitration and following statement was ordered to be bers, and unfair recruiting. class actions bans are a remnant of printed in the RECORD.) As Senator BROWN and I cautioned at Kaplan that the board disvows—in f the time, Kaplan’s troubled history which case, the board should use its au- posed major risks for Purdue’s current thority to immediately end the prac- HURRICANE MICHAEL students and the institution’s reputa- tice—or the board must accept respon- ∑ Mr. RUBIO. Mr. President, due to tion as a top public university. sibility for the practice continuing Hurricane Michael’s direct hit on Flor- We suggested that at the very least under its control and acknowledge ida’s panhandle, I am traveling to Purdue should commit to clear protec- predispute mandatory arbitration as an northwest Florida to survey the devas- tions and reforms for students if it in- affirmed Purdue policy that it ‘‘deems tation that has occurred in my home tended to press on with the trans- to be in the best interest of students.’’ State. Yesterday, Hurricane Michael action. As Senator BROWN and I told the Pur- made landfall as a devastating, high- Among our suggestions was an end to due Board in a new letter recently, end Category 4 hurricane, near Mexico the use of predispute mandatory arbi- they have to choose. Beach. Initial reports indicate more tration in student enrollment. We will be waiting. than 400,000 utility customers in Flor- Predispute mandatory arbitration I want to be clear: Anything short of ida are without power and areas within clauses prevent students from bringing meeting the high bar set by Purdue’s the storm’s path have been decimated. suit against a school in a court of law fellow public universities and APLU in- Therefore, given these circumstances when the school harms a student, like stitutions—not using predispute man- and the fact that my vote would not misleading them about job placement datory arbitration and class action have been determinative of the out- rates or luring them with other false bans in student enrollment—will be a come of the measures before the Sen- information. betrayal of students and Indiana tax- ate, I will survey the damage firsthand Instead, students are forced into a payers. and help coordinate efforts between dispute resolution process, known as f Federal, State, and local officials.∑ arbitration, which lacks the procedures f and precedents of the court system and VOTE EXPLANATION is often stacked against students. Mrs. FEINSTEIN. Mr. President, due PRIVACY AND CIVIL LIBERTIES The proceedings themselves, includ- to an excused absence on October 11, OVERSIGHT BOARD NOMINEES ing the outcome, are secret which hides 2018, I was unable to vote on several ju- Mr. WYDEN. Mr. President, I rise misconduct from regulators and dicial nominations. Had I been present today to comment on the confirmation accreditors. I would have voted in the following of three nominees to the Privacy and The clauses are often buried in the matter: Civil Liberties Oversight Board, often fine print of stacks of enrollment docu- On Executive Calendar No. 1007, on called the PCLOB. The PCLOB is a ments that students must sign in order the nomination of David James Porter, vital oversight mechanism, empowered to enroll. of Pennsylvania, to be U.S. Circuit by Congress to investigate and write The practice, along with class action Judge for the Third Circuit, I intended public reports on some of the govern- bans which prevent students from to vote nay. ment’s most secretive and controver- bringing suit as a group, are a hall- On Executive Calendar No. 1081, on sial programs. mark of the for-profit college industry; the nomination of Ryan Douglas Nel- Today, three board member nominees schools like Corinthian, ITT Tech, and son, of Idaho, to be U.S. Circuit Judge were confirmed to the PCLOB: Edward Kaplan notoriously used the practice for the Ninth Circuit, I intended to Felten, a computer science professor at to shield themselves from being held vote nay. Princeton; Jane Nitze, a former lawyer

VerDate Sep 11 2014 06:48 Oct 12, 2018 Jkt 089060 PO 00000 Frm 00030 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.062 S11OCPT1 dlhill on DSK3GLQ082PROD with SENATE October 11, 2018 CONGRESSIONAL RECORD — SENATE S6807 at the Department of Justice Office of nities, instead of waiting for these bar- land and across the country and in- Legal Counsel; and Adam Klein, nomi- riers to fail and imperil coastal homes cludes funding to repair aging drinking nated to be chair, who is a fellow at the and businesses. water, wastewater, and irrigation sys- Center for New American Security. As oceans overtake our coastal infra- tems, protect Americans from dan- I have concerns about some of the structure, we will also need to look to gerous floodwaters, and increase public policy perspectives the Republican new and innovative building materials participation and State funding flexi- nominees hold. In this case, however, a and techniques that can endure corro- bility in local infrastructure projects. functioning PCLOB with board mem- sive saltwater and other harsh environ- This bill rejects the Trump adminis- bers who listen to dissenting views is mental conditions. This WRDA bill tration’s proposed reclassification of better than the status quo, where the also includes my provision requiring the Poplar Island restoration project, five-member board has only one mem- the Corps to submit a report to Con- which could imperil the progress of ber. The PCLOB has been dormant for gress summarizing its research and in- this national model for restoration suc- most of the current administration and vestments in innovative materials, like cess located in Talbot County and ex- regrettably—and in contrary to its Rhode Island-created composites, intends the original 7-year authorization statutory mission—has not made all of water infrastructure projects, and rec- of the Mid-Bay Islands Ecosystem Res- its previously investigated and written ommend in which Army Corps projects toration Project, focused on James and reports public. I look forward to work- those materials could be used. Barren Islands in Dorchester County, ing with the new board members to re- This year’s WRDA bill also instructs by an additional 3 years, to total 10 turning the PCLOB to its core mission the Corps to study the extent to which years. of public oversight of classified pro- it has made use of its authority to To allow for greater involvement of grams. clean up waterways littered with ma- local governments in project selection, Additionally, I am particularly rine debris, like the deteriorating the bill requires the Army Corps of En- grateful for Professor Felten’s con- wooden pilings in the Providence gineers to increase public participation firmation. The presence of a true pub- River. It also expedites the completion by, at a minimum, holding annual public servant technologist on the PCLOB of important projects and studies in lic meetings at the district level, pro- will hopefully raise awareness and un- Rhode Island, like the Providence viding information about the adminis- derstanding surrounding controversial River dredging project, Pawcatuck tration’s budget requests, and allowing surveillance programs that use ad- coastal risk management study, and non-Federal interests the opportunity vanced technology. the Rhode Island historical structure to collaborate and share in concept de- In the coming weeks and months, I flood hazard vulnerability assessment velopment and decision making to will be working with the new board that will bolster Rhode Island’s coastal solve problems. members on the critical issues of pri- economy and prepare it for future con- The bill also authorizes $8 million in vacy, security, and secret interpreta- ditions. new EPA grants through a Drinking tions of public law. It is my sincere Overall, the bill does well to give spe- Water System Infrastructure Resil- hope that the new members share my cial consideration to coastal commu- ience and Sustainability Program for deeply held belief that the government nities, also requiring the Corps to con- water systems that will assist in plan- should not have classified interpreta- sider natural infrastructure solutions ning, design, construction, implemen- tions of public laws that cause the pro- to flood and storm damage risk reduc- tation, operation, or maintenance to grams to operate differently than the tion projects, prioritize coastal erosion improve resilience to natural hazards. public understands. mitigation projects in New England, I am pleased to support this bill, and f and assess coastal resiliency needs for I look forward to working with the the Great Lakes. Though only 17 per- Army Corps of Engineers to ensure S. 3021 cent of total land area, the United more transparency in the process. Mr. WHITEHOUSE. Mr. President, States’ coastal counties are home to f the passage of the bipartisan America’s over half of the U.S. population and Water Infrastructure Act, more com- were responsible for 48 percent of the CONFIRMATION OF BRETT monly called the 2018 WRDA bill, is country’s GDP in 2017. Investing in our KAVANAUGH celebrated by a wide spectrum of sup- coasts is an investment in the well- Ms. COLLINS. Mr. President, I rise porters, including environmental orga- being of the entire country’s economy. today regarding remarks I made on Oc- nizations, national associations rep- I am also grateful this bill includes a tober 5, 2018, on the nomination of resenting cities and counties, and focus on our water infrastructure. In Brett Kavanaugh. In reference to Jus- water and coastal business associa- addition to reauthorizing the Drinking tices O’Connor, Souter, and Kennedy, I tions. Water State Revolving Fund and misspoke and should have said that I would like to commend the chair- WIFIA programs, it also creates a new pro-choice groups opposed two of the man, the ranking member, and the water financing opportunity that will nominations, not each. staff of the Environment and Public better support water infrastructure My remarks should have read, ‘‘Fur- Works Committee for their hard work projects in small-and medium-sized thermore, pro-choice groups vigorously on this bill. I appreciate their consider- communities. I am, proud to be a co- opposed two of the Justices’ nomina- ation of my requests and their willing- sponsor of the SRF WIN Act which cre- tions.’’ ness to work with my staff in ensuring ates this new program and thank Sen- f Rhode Island’s needs are well rep- ators BOOZMAN and BOOKER for their TAX REFORM resented in the final WRDA bill. leadership on this issue. In particular, the American Water I look forward to working with my Mr. RISCH. Mr. President, as you Infrastructure Act includes my provi- colleagues, the Corps of Engineers, the may know, small businesses are thriv- sion directing the Army Corps of Engi- Environmental Protection Agency, and ing in one of the best economic cli- neers to study the resiliency of harbors Rhode Islanders as we move towards mates that we have seen in several of refuge and hurricane barriers in the implementing this important infra- years. The National Federation of Inde- North Atlantic, like the Fox Point structure bill. pendent Business’s Small Business Op- Hurricane Barrier in Providence, that Mr. VAN HOLLEN. Mr. President, timism Index for August saw its high- are under threat from rising sea levels this week the Senate completed work est reading ever over its 45-year his- and stronger storm surge. Though they on America’s Water Infrastructure Act tory and the MetLife and Chamber of may be able to endure current condi- of 2018, a new water resources develop- Commerce’s most recent quarterly tions, extra feet of sea level rise cou- ment bill that authorizes U.S. Army Small Business Index found that a sub- pled with stronger storm surges will Corps of Engineers civil works activi- stantial majority of small business overpower the capabilities of many of ties and drinking water and waste- owners have a positive outlook of their these structures. We need to get ahead water infrastructure improvements. business and of the overall economy. of these consequences of climate The legislation will invest in numer- I believe that this uptick in small change and protect our coastal commu- ous infrastructure projects in Mary- business confidence is due in large part

VerDate Sep 11 2014 06:48 Oct 12, 2018 Jkt 089060 PO 00000 Frm 00031 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.066 S11OCPT1 dlhill on DSK3GLQ082PROD with SENATE S6808 CONGRESSIONAL RECORD — SENATE October 11, 2018 to the Tax Cuts and Jobs Act that and will lower small businesses’ annual As we look forward to Veterans Day, passed the Senate and was signed into tax payments. I am happy to see that let us all take a moment to thank law last year. Over the 9 months since small businesses like Sko-Die, Inc., are those Korean war veterans still with us its passage, our country has witnessed able to reduce their tax burden by and to ensure that their service and the positive impact that the law has making use of this accelerated depre- their sacrifices are never forgotten. had on our economy. Companies of all ciation provision and are using those f sizes have directly benefited from var- tax savings to raise its employees’ HISPANIC HERITAGE MONTH ious provisions of the law and as a re- wages. I look forward to watching the sult are paying out bonuses, raising company’s continued success. Mr. CARDIN. Mr. President, this wages, and purchasing new equipment f month, I join the Nation in celebrating for their businesses. As chairman of Hispanic Heritage Month and the in- the Senate Committee on Small Busi- THE KOREAN WAR valuable contributions of the Latino ness and Entrepreneurship, I was a Mr. WYDEN. Mr. President, I want to community to our country. Hispanic strong supporter of the tax law because take a few minutes to honor the 65th Americans comprise an integral part of I believed it would allow small business anniversary of the Korean War Armi- the United States and form our Na- owners to keep more of their hard- stice Agreement, which brought the action’s largest ethnic minority. An esti- earned money, make more investments tive hostilities of the Korean war to an mated 60 million Latinos and Latinas in their businesses, and increase the end. currently live in the U.S., making our overall health of our economy. Over Americans don’t talk much about the country home to the world’s third larg- the last few months, I have been mak- Korean war today. As a result, too est Latino population. More than half a ing this series of speeches to draw at- many have forgotten or never knew the million of my fellow Marylanders iden- tention to the benefits this law pro- history, how Kim Il-sung’s forces in- tify as Hispanic or Latino. vides for small businesses. vaded South Korea in June 1950; how Some of our Hispanic residents are Since passage of the law, many ob- the United Nations Security Council recent arrivals to this country, seeking servers have given too much attention condemned the invasion; how American safety and freedom unavailable in their to individuals and corporations that troops made an amphibious landing at countries of origin. Others trace their have benefited from certain provisions Inchon, driving the North Korean roots to our country’s founding. All of the law, but not nearly enough at- forces back and helping shift the war’s play a role in helping to shape our tention has been given to the benefits momentum; how 3 years later, rep- country for the better. Latino and that small businesses have received. I resentatives met in Panmunjom where Latinas form a crucial part of our Na- rise today to spotlight how tax reform they established a demilitarized zone tion’s Armed Forces, dutifully serve at is benefiting Sko-Die, Inc., a small and ended active hostilities. all levels of government, play an active business located just outside of Chi- Because this history is so often over- role in their local communities, and cago in Morton Grove, IL. Sko-Die, looked, American men and women who Hispanic-owned businesses contribute Inc., provides their customers with served in Korea have so rarely been an estimated $473 billion in revenue to high-quality steel laminations, heavy given the recognition they deserve. our economy and employ millions of gauge metal stampings, and machining These are Americans who answered people. Diversity is America’s services. From design to production, the call to take up arms again in a for- strength, and our thriving Hispanic the company provides original equip- eign country so soon after World War communities are evidence of this. ment manufacturing services for a va- II, Americans who endured the bitter In spite of these contributions, many riety of sectors including the food, cold and harsh weather up and down in the Latina and Latino community power generation, medical, and aero- the Peninsula and the lack of adequate are suffering or being put at unneces- space industries. Sko-Die is a family- food, Americans who gave their lives sary risk due to the administration’s run business started in 1947 by the by the thousands on Korea’s far-flung policies. Cruel immigration practices Steininger family. The current presi- shores in service to their country. All have led to families being torn apart. dent, Patrick Steininger, has led the told, more than 36,000 Americans per- Millions of Dreamers live in constant company since 2002 and is the third ished in the Korean war, including fear that they will be removed from the generation of the family to helm the more than 270 Oregonians and at least only country they have ever known. company. Sko-Die has about 70 em- seven from Umatilla County, OR. The decision to remove Temporary ployees, boasts a 60,000-thousand- The Korean war is often called the Protected Status, TPS, for El Sal- square foot production facility, and op- Forgotten War. vador, Honduras, and Haiti worsens our erates numerous punch presses ranging Well, it isn’t forgotten by me. It isn’t national security and injects unneces- in size from 5 to 300 tons. forgotten by the U.S. Senate. I am sary fear and uncertainty into Amer- Because of the Tax Cuts and Jobs proud to say that it isn’t forgotten by ican families based on politics, rather Act, this family-owned custom metal the Oregonians I speak with as I travel than policy. Maryland alone would lose stamping business has been able to around our State. well over $1 billion from our State’s pass on some its tax savings to employ- I have never met a Korean war vet- GDP without the workers who cur- ees, raising the average wages of its eran—or a veteran of any conflict—who rently hold TPS. In Puerto Rico, over employees by about 3 percent. Sko-Die walked onto the battlefield seeking 3,000 American citizens died from the also made a $1 million investment in personal recognition. effects of Hurricane Maria, and the is- new equipment, which included a new Today I am proud to recognize these land still struggles to recover. Hispanic die grinder and a new metal press. Be- brave servicemembers nonetheless. Americans increasingly face risks from fore the implementation of the new tax This year marks the 65th year since prejudice, racism, and bigotry. Such law, small businesses had to deal with the signing of the Korean War Armi- policies and rhetoric directly under- a complex expensing formula that took stice and the end of active hostilities. mine the values on which our country many years to take advantage of, As we follow new developments on was founded. which made equipment purchases much the Korean Peninsula—and there have Hispanics and Latinos bear the dis- less attractive to small business own- been many these past few months—let proportionate effects of these policies, ers. The accelerated depreciation of us reflect on the Americans who fought and the entire country suffers as a re- equipment purchases for small busi- so bravely and endured so much in sult. When some of our best and bright- nesses is one of the many reasons that service to these United States. est young students and our Nation’s I was a strong supporter of the Tax I have always believed that the Fed- hardest workers fear for their future or Cuts and Jobs Act. eral Government owes these men and are forced into the shadows, it can Overall, the new tax law has been women a debt it cannot fully repay. have a lasting and harmful effect on good for small businesses; has allowed The closest I think we can come is to our communities, our economy, and many small businesses to increase honor our commitments to them and our security. their capital investments, hire addi- to do right by their brothers and sis- Hispanic Heritage Month marks a tional workers, and increase wages; ters who continue to wear the uniform. time to address these issues with

VerDate Sep 11 2014 06:11 Oct 12, 2018 Jkt 089060 PO 00000 Frm 00032 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.071 S11OCPT1 dlhill on DSK3GLQ082PROD with SENATE October 11, 2018 CONGRESSIONAL RECORD — SENATE S6809 meaningful action rather than empty ities, today I wish to celebrate the 40th information, guidance, and training on proclamations. Congress must finally anniversary of the establishment of the the Americans with Disabilities Act to pass a Dream Act to provide Deferred National Institute on Disability, Inde- businesses, employers, State and local Action for Childhood Arrivals, DACA, pendent Living, and Rehabilitation Re- governments, architects, disability or- recipients with the protections they search, NIDILRR, and its 40 years of ganizations, and individuals with dis- deserve, so they can continue their accomplishments and contributions to abilities. In addition, NIDILRR also contributions to this country. It is the lives of people with disabilities. supports AbleData, an information cen- time for the Senate to take up and pass NIDILRR is the Federal agency sup- ter hosting an extensive database of as- S. 2144, legislation I introduced with porting applied research, demonstra- sistive technology products and re- Senators VAN HOLLEN and FEINSTEIN, tion, training, and technical assistance sources to increase awareness of and to provide a pathway to legal perma- to enhance the quality of life of people access to assistive devices. Finally, nent residency for TPS holders in the with disabilities. NIDILRR’s mission is NIDILRR supports the National Reha- United States. We are long overdue to generate new knowledge and to pro- bilitation Information Center, NARIC, with respect to passing comprehensive mote its effective use to improve the a research library and information cen- immigration reform. abilities of people with disabilities to ter that promotes access to disability, We must also address systemic issues perform activities of their choice in independent living, and rehabilitation in our healthcare, tax, and education the community and to expand society’s research information. systems, many of which are particu- capacity to provide full opportunities The need for NIDILRR’s important larly harmful to Hispanic commu- and accommodations for our citizens work will only increase in the coming nities. Like all Americans, Hispanics with disabilities. NIDILRR carries out decades. Demographic trends indicate a deserve access to quality public its mission by building the capacity of substantial increase in the number of schools, affordable and widely avail- institutions and individuals to conduct people with disabilities as a result of able medical care, and tax reform high-quality research in the major life the effects of injuries, illnesses, chron- which reduces the burden for middle domains, including employment, par- ic conditions, developmental disabil- and low-income workers. ticipation in the community, commu- ities, and an aging population. We must further provide Puerto Rico nity integration, and health. NIDILRR will continue to play a crit- with the resources and support it needs NIDILRR plays a unique and critical ical role in empowering this growing to recover. More than a year after Hur- role in Federal research. NIDILRR- population of individuals with disabil- ricane Maria, the situation remains sponsored projects and programs target ities to live the American dream. The desperate. Our fellow American citi- populations that include all disability next 40 years of NIDILRR hold much zens on the island deserve real support types and all age groups. While other promise for the future of addressing in their time of need. Federal research entities fund preven- the emerging needs of people with dis- Hispanic Americans are facing im- tion, cure, and acute rehabilitation re- abilities and the need for disability, mense challenges, but seek the same search, which are vital for people with independent living, and rehabilitation noble goals as all other Americans. disabilities, NIDILRR invests in ap- research. Now is the time to stand with His- plied research meant to quickly trans- I congratulate the National Institute panic, Latina, and Latino Americans late to greater independence, commu- on Disability, Independent Living, and against prejudice, divisive rhetoric, nity participation, and employment for Rehabilitation Research on its 40th an- and harmful policies. In doing so, we people with disabilities. niversary and the significant accom- will better uphold the ideals of our Na- The many contributions of plishments and contributions it has tion and create a better country for all NIDILRR’s grantees cannot be over- made to enhance the quality of life for Americans. stated. Our Nation owes a debt of grati- people with disabilities in the United We must also address systemic issues tude to the researchers and practi- States. I am proud of the work in our healthcare, tax, and education tioners whose efforts empower people NIDILRR has funded and the dedicated systems, many of which are particu- with disabilities to lead proud, produc- researchers and practitioners that have larly harmful to Hispanic commu- tive lives in pursuit of independence, improved employment, participation nities. Like all Americans, Hispanics community living, and employment. and community integration, and health deserve access to quality public During October, which is National Dis- and function for people with disabil- schools, affordable and widely availability Employment Awareness Month, ities. I look forward to 40 more years of able medical care, and tax reform it is important to highlight the major NIDILRR’s continued contributions to which reduces the burden for middle role that NIDILRR has played in pro- our society. and low-income workers. moting and enabling the employment f We must further provide Puerto Rico of people with disabilities. Over the with the resources and support it needs past 40 years, NIDILRR-funded re- 30TH ANNIVERSARY OF THE to recover. More than a year after Hur- searchers have been extraordinarily MURDER OF MULUGETA SERAW ricane Maria, the situation remains productive, including in my home Mr. WYDEN. Mr. President, this No- desperate. Our fellow American citi- State of Washington. Across the United vember, my hometown of Portland zens on the island deserve real support States, grantees have created more marks a somber occasion: the 30th an- in their time of need. than 1,200 new products, including niversary of the murder of Mulugeta Hispanic Americans are facing im- peer-reviewed publications, interven- Seraw, a 28-year-old Ethiopian college mense challenges, but seek the same tion protocols, measurement tools, and student, by racist skinheads. This hor- noble goals as all other Americans. software and technologies that impact rific case galvanized the city, as well as Now is the time to stand with His- the field of rehabilitation and enhance the State of Oregon, to stand up to panic, Latina, and Latino Americans the lives of people with disabilities. hate crimes and acts of violence by the against prejudice, divisive rhetoric, NIDILRR-funded fellowship programs neo-Nazi movement in the Pacific and harmful policies. In doing so, we have trained and supported a substan- Northwest. While this brutal slaying will better uphold the ideals of our Na- tial number of emerging scholars, re- happened 30 years ago, it remains fresh tion and create a better country for all searchers, and policy implementation in the minds of many who lived Americans. experts, including a significant focus through that time and for people who f on scholars with disabilities and those still experience discrimination and from minority communities. NIDILRR- hate today. 40TH ANNIVERSARY OF THE NA- funded fellows have contributed to sub- Mulugeta’s path to our country mir- TIONAL INSTITUTE ON DIS- stantive policy development in Con- rors those of so many others who came ABILITY, INDEPENDENT LIVING, gress, including by serving as content to America. He came to the United AND REHABILITATION RE- experts on my staff at the Senate Com- States seeking an education. A college SEARCH mittee on Health, Education, Labor, student in Portland, he worked mul- Mrs. MURRAY. Mr. President, on be- and Pensions. NIDILRR supports the tiple jobs and remitted money to Ethi- half of millions of people with disabil- ADA National Network, which provides opia to support his son, Henock.

VerDate Sep 11 2014 06:11 Oct 12, 2018 Jkt 089060 PO 00000 Frm 00033 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.073 S11OCPT1 dlhill on DSK3GLQ082PROD with SENATE S6810 CONGRESSIONAL RECORD — SENATE October 11, 2018 Mulugeta, like many immigrants who TRIBUTE TO MARGARET BALLARD This is the core of what it means to be come to America, was simply seeking Mr. CRAPO. Mr. President, today I an outstanding member of the staff opportunity. His family and friends de- wish to honor a dedicated and treas- and, more importantly, a friend. Con- scribe him as a kind, hard-working ured member of my staff, Margaret gratulations on the work milestone man. He had friends and family whom Ballard, and thank her for her more you have surpassed, and thank for he supported and loved. All this was than 21 years of congressional service. lending your talents to working on be- ripped away by evil, cruel racism. Margaret joined my congressional half of Idahoans all these years. As a result of the cruelty done to staff as an intern in 1997 when I served f in the U.S. House of Representatives Mulugeta, community members, civil TRIBUTE TO BARRY CARPENTER and as she was studying for her mas- rights lawyers, judges, elected officials, Mr. ROBERTS. Mr. President, I come and nonprofits came together and deter’s degree at Boise State University. She quickly proved herself to be bright, to the floor today to recognize and con- manded justice be served. They suc- gratulate Mr. Barry Carpenter, a long- ceeded. adept, and dependable, traits that have made her an integral member of my time advocate for American agri- The case attracted national atten- staff. She currently serves as adminis- culture, on his retirement from a cation, and thanks in part to the great trative director and has served in this reer that spanned five decades. Last effort of the Southern Poverty Law position since late 2001, but she has month, Barry retired his position as Center, the White Aryan Resistance carried out many different tasks and president and CEO of the North Amer- and its leaders who were behind this filled in for various State positions as ican Meat Institute, the Nation’s larg- heinous crime were bankrupted and we developed as an organization. Her est and oldest trade association rep- jailed. While no prison sentence could experience, knowledge, and skill from resenting U.S. meat packers and proc- bring back Mulugeta, Oregonians stood working in so many areas enable her to essors. Barry’s retirement concludes a and stand in solidarity with Mulugeta understand the roles of fellow staff and career in both public service and pri- and his family and friends to make effectively connect office functions. vate industry. His knowledge of the in- clear we will not let hate crimes and Margaret is the glue that holds my dustry and his collaborative, affable violence take over our communities. office together. As administrative di- disposition have allowed him to con- We have to remain vigilant, and we rector, she oversees the day-to-day ad- nect with everyone from CEOs to those have to continue the fight. We must ministrative work that is so critical to just beginning their careers. recognize our own troubling present in office functions and responsiveness to Barry’s appreciation for U.S. agri- Oregon, which unfortunately has an the people of Idaho. Margaret keeps culture, his drive to serve, and his awful history as a home for White su- track of the intricate details and re- work ethic were developed at an early premacists, because to not know our quirements of operating a Senate of- age, working on his family’s diversified own history dooms us. fice, including the Senate rules. Mar- farm in central Florida that produced garet also recognizes staff achieve- cattle, hogs, corn, peanuts, and melons. In the years since Mulugeta’s death, ments and finds opportunities to pro- After graduating from the University there have been horrific acts of ra- vide levity and boost morale. She has of Florida, Barry began his career as a cially charged violence in Oregon. In carried out meticulous work to en- meat grader with the U.S. Department May of 2017, a self-proclaimed White hance office operations and coordinate of Agriculture. He also enlisted in the nationalist verbally attacked two the efforts of the staff. Her long-term U.S. Army, earning the rank specialist women who were riding Portland’s dedication to this effort has been vital fifth class. Barry carried with him the MAX light rail. One of these two to ensuring office efficiency. Every or- sense of duty and discipline learned in women was wearing a hijab. The perpe- ganization needs Margaret’s kind of these formative years in each role he trator stabbed three men who defended continuity and know-how. held. the women against the racist and To put the many changes Margaret Over the course of his 37-year career Islamophobic rant, killing two of them. has been a part of over the past 20 at USDA, Barry provided reasoned and There have been horrific racist acts years into perspective, she recalls that, steady guidance to Secretaries of both throughout the Nation. The march and when she started back in 1997, all State parties in multiple administrations. In murder in Charlottesville is another offices had to share a dial-up internet his senior role at the Agricultural Mar- clear example of how these White su- connection and she had to coordinate keting Service, Barry led programs premacist ideals and concepts continue when each office could call in and con- critical to reestablishing U.S. beef ex- to draw breath in our country. Like Or- nect for internet service. With the port access following the first U.S. case egonians speaking out in remembrance technological advances since, those of BSE in 2003. Barry further oversaw of Mulugeta Seraw, we must all speak connection phases are a dim memory. USDA’s adoption of video technology out against hate. It has no place in our Margaret has handled each new phase used to assign beef quality grades, an country, including in our White House. with tact and proficiency as she helped important tool in identifying those build our office administratively. high-quality prime steaks consumers This year, as we remember the 30th Prior to joining my staff, Margaret around the world enjoy. anniversary of the murder of Mulugeta was the State emergency response Upon retiring from USDA, Barry con- Seraw and 50th anniversary of Dr. Mar- commission chief of staff for 9 and a tinued to serve American agriculture tin Luther King, Jr.’s assassination, I half years. Before that position, she when he was named CEO of the Na- would like to acknowledge the many was an administrative assistant for the tional Meat Association in 2007. Barry organizations in Oregon that fight for mayor and city council of Glendale, has since provided steadfast leadership peace and justice every day on behalf CO, for 2 and a half years. She has to the meat and poultry industry as of marginalized communities. I would worked in all three levels of govern- CEO of the North American Meat Asso- like to especially acknowledge mem- ment, local, State, and Federal Serv- ciation and as president and CEO of the bers of these communities who are re- ice. On a personal note, Margaret and North American Meat Institute, fol- silient and strong. I stand with them her husband Troy Gugel have a son and lowing the completion of the merger, today and every day. daughter. They are grandparents to a which he successfully guided, between In a few weeks, Oregonians will come grandson and have a granddaughter on the American Meat Institute and the together to remember and celebrate the way. North American Meat Association in the life of Mulugeta Seraw during a Margaret, thank you for your steady, January 2015. 30th year commemoration conference committed, and skilled work all these Barry has earned numerous govern- organized by the Urban League of Port- years. The adjectives I could list to de- mental awards, including Presidential land. I am honored to add to this re- scribe you could go on and on: well-or- Rank Awards, honors bestowed to less membrance with this CONGRESSIONAL ganized, resourceful, professional. than 1 percent of senior career employ- RECORD. May Mulugeta and his story Above all, I know that I have always ees throughout the Federal Govern- never be forgotten, and may we remem- been able to count on you to get the ment, from Presidents Bill Clinton and ber, learn, and change. job done well for the people of Idaho. George W. Bush. He has also received

VerDate Sep 11 2014 06:48 Oct 12, 2018 Jkt 089060 PO 00000 Frm 00034 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.072 S11OCPT1 dlhill on DSK3GLQ082PROD with SENATE October 11, 2018 CONGRESSIONAL RECORD — SENATE S6811 recognition from the livestock and Richard Nixon in 1972 after Watergate; REMEMBERING SHIRLEY ANN meat industries. covering the prison riots at the Idaho MCCOMBS Throughout his career, Barry re- Penitentiary in 1971 and 1973; and call- ∑ Ms. DUCKWORTH. Mr. President, mained grounded and inspired by his ing Boise State Football’s first trip to today I wish to honor the life of Shir- wife Janet, four children, Mary Cath- the Fiesta Bowl in 2007.’’ ley Ann McCombs who passed away on erine, Jane, Michael, and Robert, and Descriptions of him are peppered Tuesday, October 2, 2018, at the age of 11 grandchildren. with words such as greatly respected, 81. Shirley was born June 30, 1937, in I feel fortunate to have known many trusted, professional, iconic, wise, and Schuyler County, IL, to Harry and distinguished public servants and in- humorous. His experience and affection Stella Derry Hunter. Shirley married dustry leaders like Barry, who have for the community he has chosen to Charles H. McCombs on May 30, 1956. dedicated their careers to advocating make his home all these years comes She was employed by the Illinois State for U.S. agriculture. I thank Barry for through in his commentary. He has re- government in numerous positions and his many contributions to American ceived numerous honors throughout his was ultimately promoted to the speak- agriculture, and I congratulate him on career that include being inducted into er’s staff as a fiscal officer until her re- a well-deserved retirement. the Boise State Athletic Hall of Fame tirement. Shirley played on the Rush- f in 2018, more than 50 Idaho State ville Rushettes Softball Team and she was a past member of the Oakford DISCHARGE PETITION—S.J. RES. 64 Broadcasting Association awards, and Boise’s Key to the City in 2017. The United Methodist Church, where she We, the undersigned Senators, in accord- press box at Albertsons Stadium and served as secretary and on many com- ance with chapter 8 of title 5, United States the Cumulus broadcast building have mittees. She was also a current mem- Code, hereby direct that the Senate Com- been named in his honor. ber of the West Side Christian Church mittee on Finance be discharged from fur- in Springfield. ther consideration of S.J. Res. 64, a joint res- I understand he is looking forward to Shirley was elected State central olution providing for congressional dis- sleeping in during his retirement, and I committeewoman for the 18th Congres- approval of the rule submitted by the De- hope he gets some well-deserved rest sional District in 1986 and served in the partment of the Treasury relating to ‘Re- for all the years he has devoted to position until present. She served as turns by Exempt Organizations and Returns keeping Idahoans informed. It is also by Certain Non-Exempt Organizations’ and, secretary of the Democratic Party of good to hear that he will still be using further, that the joint resolution be imme- Illinois, second vice president of Illi- his talents to produce, blog, and cover diately placed upon the Legislative Calendar nois Democratic Women, and Annual sports. Knowing that Idahoans will under General Orders. Convention Ad Book chair and editor/ Jon Tester, Claire McCaskill, Heidi still get to benefit from his humor, graphic artist. Shirley also had served Heitkamp, Tom Udall, Richard J. Dur- skill, and engaging commentary is as the Menard County chairman, pre- bin, Ron Wyden, Sheldon Whitehouse, heartening, as I wish him well in his cinct committeewoman, and as the Kirsten E. Gillibrand, Chris Van Hol- retirement. len, Jack Reed, Richard Blumenthal, first vice president of the Illinois Coun- Tina Smith, Angus S. King, Jr., Joe Paul J, congratulations on your ex- ty Chairman’s Association. Donnelly, Robert P. Casey, Jr., Debbie traordinary career and leaving a last- Shirley served as an elector on the Il- Stabenow, Martin Heinrich, Amy Klo- ing mark in Idaho radio and the lives linois Electoral College since 1992. She buchar, Doug Jones, Jeanne Shaheen, of countless Idahoans. I wish you all served at many of the Democratic Na- Benjamin L. Cardin, Michael F. Ben- the best.∑ tional Conventions as a delegate and as net, Edward J. Markey, Bernard Sand- ers, Margaret Wood Hassan, Tammy an assistant whip. Shirley also served Baldwin, Patrick J. Leahy, Gary C. f for numerous State Democratic Con- Peters, Robert Menendez, Catherine ventions, co-chaired IDW Luncheon for Cortez Masto, Tim Kaine, Jeff Merkley, TRIBUTE TO ETHAN DAVIDSON Convention Delegates and Dignitaries Mazie K. Hirono, Cory A. Booker, at the Democratic National Conven- Christopher Murphy. ∑ Mr. DAINES. Mr. President, this tion. She was the State fair committee f week I have the honor of recognizing chairman for the IDP. Shirley received Ethan Davidson of Lewis and Clark the Chairman’s Award for Commitment ADDITIONAL STATEMENTS County for his outstanding academic and Service to the Democratic Party achievements. and Certificate of Appreciation Award TRIBUTE TO PAUL J. SCHNEIDER Ethan Davidson epitomizes hard for Outstanding and Dedicated Service. working Montanan’s, his work ethic In addition to her work in politics, ∑ Mr. CRAPO. Mr. President, today I has shown in his academics Ethan re- she was also passionate about helping wish to honor Paul J. Schneider, who is cently received a perfect score on his her community. She was a founding retiring from NewsTalk 670 KBOI, of ACT, being one of the 2,760 high school member of the Menard County Tourism Boise, ID, after more than 51 years in students across the United States who Council and former treasurer. Shirley radio and television. received a perfect score of 36. About 2 was a founding board member of the Paul J. Schneider, known as Paul J, million high school students take the IWIL and served on the board for the started working for the station in 1967 test each year. Area Agency on Aging and served on and has been a mainstay of thoughtful the advisory council. She was on the At a young age, Ethan devoted him- reporting since. He called Boise State Menard Caring Board and a volunteer self to his academics, always striving University football and basketball at the Menard County Food Pantry. towards being a straight-A student. He games for decades as ‘‘Voice of the She was a lobbyist for AARP. Broncos.’’ Idahoans and many others attends Capitol High School in Helena, Shirley attended both of President have no doubt taken solace during where he is involved in many extra- Clinton’s and President Obama’s inau- their morning commutes with Paul J’s curricular activities, ranging from gurations. interesting and cheerful discussions. being the cocaptain of the cross coun- Shirley is survived by her daughter, He has been a treasured voice under- try team, to being a member of the Robin and her husband Rick Mathieu; scoring significant local and world math and science club. To add to his grandchildren Vickie Mathieu and events. accolades, Ethan is a National Merit Jackie and her husband Gus Tserpelis; Over the years, he has no doubt ob- semifinalist and has earned the rank of three great-grandchildren; siblings served and taken part in many innova- Eagle Scout. Nelda, Susan and husband Larry, tions in broadcasting and significant I congratulate Ethan on his impec- Larry, Lois and her husband Stuart, local and national happenings. When cable academic achievements, as well and Deloris and her husband Robert; announcing Paul J’s retirement, the as his willingness to give back to his sisters-in-law Phyllis, Doris, and station noted, ‘‘His storied radio career community by being a role model for Betty; and numerous nieces, nephews, has seen plenty of benchmark mo- all high school students I look forward and cousins. ments, including but not limited to: to seeing his success in his future en- Her service to her community is re- the first radio interview with President deavors.∑ markable and her story inspiring. I

VerDate Sep 11 2014 06:48 Oct 12, 2018 Jkt 089060 PO 00000 Frm 00035 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.081 S11OCPT1 dlhill on DSK3GLQ082PROD with SENATE S6812 CONGRESSIONAL RECORD — SENATE October 11, 2018 stand here today to applaud my dear his tenure at Phoebe Putney, and for Bay on a Columbia River double ender friend and to honor her legacy.∑ that, many have benefited and are by sail and became a registered Alaska f grateful. bear guide, working with his father As Georgia’s Senators, we are thank- Captain Charles Madsen, guiding cli- TRIBUTE TO JOEL WERNICK ful for Joel’s service and wish him well ents on Kodiak brown bear hunts. ∑ Mr. ISAKSON. Mr. President, it is an as he enters the next chapter of his The Madsens then moved to Oregon, honor to rise on behalf of Senator life. May God bless him in his future where Roy finished his bachelor’s de- DAVID PERDUE and myself to offer our pursuits.∑ gree and entered Northwestern College congratulations on a job well done to f of Law, today the Lewis & Clark Law Joel Wernick, a fine Georgian and the School, where he received his juris doc- longtime president and chief executive REMEMBERING ROY H. MADSEN tor degree in 1953. He served as assist- officer of Phoebe Putney Health Sys- ∑ Ms. MURKOWSKI. Mr. President, ant district attorney and practiced law tem in Albany, GA. many Alaskans have contributed enor- in Oregon before, in 1961, returning Under Joel’s tireless leadership for mously to the development of the Ter- with his family to Kodiak. Over the the last 30 years, Phoebe Putney ritory of Alaska through Statehood years, the Madsen clan grew to include Health System has become a major re- and beyond with their special life seven children: Elizabeth, Mary Jane, gional healthcare provider. The Phoebe skills, talents, courage, and insights Charles, Charlotte, Jacqueline, Guy— Putney Health System now includes into the world around them. Among deceased—stepdaughter Shannon, 13 Phoebe Sumter Medical Center, Phoebe that distinguished group was a very grandchildren, and 4 great-grand chil- Worth Medical Center, more than 15 special man, Roy H. Madsen of Kodiak, dren. primary and urgent care clinics, and AK. Roy Madsen was known for so Roy Madsen immersed himself in nearly 30 specialty care clinics in coun- many things. Among them, he was the Kodiak’s thriving civic and cultural ties throughout southwest Georgia. first Alaska Native to serve as a judge life. In the 1960s, he established a law As the health system has grown of the Alaska Superior Court. On the firm, was the Kodiak city attorney, under Joel’s guidance, it has become a eve of the Alaska Federation of Natives and the Kodiak Island Borough attor- major contributor to the entire re- convention, I proudly honor his re- ney. During this period, his commit- gion’s economy. Today more than 4,500 markable life that spanned 94 years ment to his heritage grew and became people work under the Phoebe Putney from March 15, 1923 to December 26, legendary. He helped establish the Ko- umbrella, where they strive to improve 2017. diak Area Native Association KANA, the lives of Georgians from middle Roy was born in the village of serving as its first vice president. His Georgia all the way south to the Geor- Kanatak, located just across Shelikoff niece, Rita Stevens, wife of State Sen- gia-Florida line. Straits from the Kodiak archipelago ator Gary Stevens, later furthered the Joel Wernick had the vision to grow near the Valley of Ten Thousand work Roy had begun by helping to lead Phoebe Putney’s suite of services and Smokes and Mount Katmai in the KANA for nearly two decades. provide comprehensive healthcare in- Katmai National Monument on the As an attorney and Alaska Native, he cluding world-class oncology, cardio- Alaskan Peninsula, an area which, in contributed his knowledge and experi- vascular, and neonatal intensive care 1980, was expanded and renamed the ence to efforts within Alaska to unit services in the southwest Georgia Katmai National Park and Preserve. achieve a settlement through the Alas- region. This increase in quality spe- Roy was one of eight children. His fa- ka Native Claims Settlement Act cialty services greatly benefits area ther, Charles Madsen, was a Danish im- (ANCSA) of Alaska Native aboriginal residents who no longer have to travel migrant who established a trading post land claims that resulted from work by extensive distances to receive care. at Kanatak. His mother, Alaska Native many across the State in the enact- I also thank the board of directors Mary (Metrokin) was a homemaker. ment of Public Law 93–203 in 1971. He and staff who have shared and sup- The Madsens returned to his mother’s then helped to establish Koniag, Inc., ported this great leader’s dedication to hometown of Kodiak where, when Roy one of the regional Alaska Native Cor- the people of Albany and the sur- was only 4 years old, she passed. Roy porations authorized by ANCSA. rounding communities. and his siblings were raised in Kodiak It was in 1975 that Roy began service During Joel’s tenure, Phoebe Putney by their dad and their stepmother, Al- as a Superior Court judge. He served in has received State and national rec- exandra Churnoff Madsen. Roy’s love the State’s Third Judicial District, an ognition, including the American Hos- for his heritage and for the island re- area of approximately 67,000 square pital Association’s NOVA Award for mained centerpieces throughout his miles, and sat in Kodiak. He served as teen pregnancy prevention and the life. A member of the Sun’aq Tribe of a judge on that court through 1990. prestigious Foster G. McGaw Prize for Kodiak, he lived there for most of his Judge Madsen continued to serve his excellence in healthcare. Joel was a life. beloved island through the decades. pioneer in making ‘‘upstream contribu- Blessed with his mother’s rich, Alas- After his retirement from the bench, he tions’’ in community health programs ka Native Sugpiaq-Koniagmiut- enjoyed participating in Alaska court over the years to reduce the cost and Alutiiq-Russian subsistence culture system’s Colors of Justice Program, occurrence of disease and poor health and fortified by his father’s immigrant promoting acceptance of diversity and before they reached the hospital set- mindset of courage and ambition, Roy encouraging minorities to consider ting. lived his life setting goals and pursuing pursuing law as a career. He helped In starting the Phoebe Family Medi- them, most often with success. found, was chair of the first advisory cine Residency Program, Joel has also After graduating from Kodiak High board, and was a professor at the Ko- appreciated the importance of School in a class of six, he entered Or- diak Community College teaching con- healthcare for the family unit and the egon State University in 1941. In 1943, stitutional, criminal, and business law. importance of training medical profes- he left college and enlisted in the U.S. After his retirement from the bench, he sionals in southwest Georgia and Navy and served as a gunner and navi- was appointed to the Alaska State incentivizing them to remain there. gator on Patrol Torpedo Boat PT 190, Commission for Human Rights and to Phoebe Putney’s teaching hospital has the ‘‘Jack of Diamonds’’ in the South the Alaska Supreme Court Committee graduated more than 120 residents, and Pacific during World War II. While on Fairness and Access to the Courts. Joel’s investment in Flaggstone, the serving in the Navy in the Philippines Roy was counsel for writing the arti- housing that supports those residents and New Guinea, Roy’s unit was award- cles of incorporation for and an origi- and pharmacy students, has success- ed campaign medals and two battle nal board member of St. Herman’s Or- fully kept doctors practicing in south- stars. thodox Theological Seminary, a board west Georgia rather than departing for It was after WWII that Roy and his member of the Kodiak Baptist Missions larger cities. first wife Katharine (Walters) and fam- Treatment Center for Troubled Youths, Joel has helped keep the ‘‘golden ily moved back to Kodiak in 1946. To and a member of the advisory board of rule’’ culture and the charm of south support his growing family, he spent a St. Innocent’s Orthodox Academy for Georgia as guiding principles during couple of summers fishing in Bristol Troubled Youths. He also served on the

VerDate Sep 11 2014 06:11 Oct 12, 2018 Jkt 089060 PO 00000 Frm 00036 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.083 S11OCPT1 dlhill on DSK3GLQ082PROD with SENATE October 11, 2018 CONGRESSIONAL RECORD — SENATE S6813 Alaska Rural Systemic Initiative com- ductive and principled life and who, by ho’s unique entrepreneurial spirit and mittee which focused on incorporating his deeds and who he was, represented is an inspiration to women entre- ‘‘Native Ways of Learning’’ into main- the apex of what frontier Alaska and preneurs across the great State of stream education delivery in Alaska. America can produce. Idaho. That initiative added a great deal to It is with the greatest respect that I As you may know, October has been the recognition and usage of this form share with my Senate colleagues and designated as National Women’s Small of wisdom of the Elders and Native cul- with the American people this short bi- Business Month. This month, we cele- ture in learning delivery in the State. ographical sketch of the life of Roy brate the critical contributions that A mesmerizing storyteller, with deep Madsen, a wonderful Alaskan who women like Stephanie Walsh make to and broad knowledge as an elder, Roy served his country in war and peace our country’s economy every day. was a sought after and frequently fea- and his fellow citizens in so many ex- There are more than 9.9 million tured speaker at any number of local emplary ways. We all are enriched to women-owned small business in the events. Among his many honors was know about this great man whose life United States, employing over 8 mil- Saint Herman’s Cross, bestowed upon will be remembered and, hopefully, lion people. In 2017, women-owned him by Bishop Gregory Afonsky. In emulated as a ‘‘north star’’ for those small businesses generated over $1.4 more recent years, Kodiak’s court- who were fortunate to know him and trillion in sales. I am pleased to honor house was rededicated as the Roy H. those who will learn about his remark- a great women-owned small business Madsen Justice Center. able life.∑ this month in Walsh Engineering. Not long before his passing, Roy was f Stephanie Walsh and her employees at named Conservation Elder of the Year Walsh Engineering exemplifies the per- RECOGNIZING WALSH by the Kodiak National Wildlife Refuge severance and hard work that lead ENGINEERING SERVICES for his long dedication to the refuge’s women-owned small businesses to suc- Kodiak brown bear program. In rec- ∑ Mr. RISCH. Mr. President, Idaho is cess. ognition of his lifetime of achievement, home to many innovative, ambitious, Stephanie’s team at Walsh Engineer- the University of Alaska honored him and industrious small businesses. ing Services is committed to sup- with a doctorate of humanities. The Today I would like to honor a small porting INL’s mission of clean energy, documentary, ‘‘Magnetic North,’’ cap- business that represents all of these national security, science, and the en- turing how his life contributed to the qualities. As chairman of the Senate vironment. While Stephanie founded history, spirit, and character of Alas- Committee on Small Business and En- the company to support the changing ka, premiered in Kodiak and aired on trepreneurship, it is my distinct privi- needs of the INL, Walsh Engineering Alaska Public Television during 2017 lege to recognize Walsh Engineering Services is also focused on training the shortly before his passing. Services as the Small Business of the next generation of workers to continue Roy was equally comfortable in his Month for October 2018. Walsh Engi- the history of professionalism and suc- robes dispensing justice from the court neering Services is a woman-owned de- cess at the INL. The firm not only of- bench as he was in a flannel shirt and sign and architectural engineering fers jobs to recent graduates of Idahoan worn corduroys at the helm of his skiff, firm, which provides high-quality tech- universities but also develops the next shuttling family to a cabin on Woody nical and design services to various generation of engineers through the Island or helping ferry pilgrims for the public and private sector customers firm’s internship program. annual St. Herman’s Pilgrimage to throughout Idaho and around the coun- Stephanie is proof of Idaho’s unique Monk’s Lagoon or simply picking wild try. entrepreneurial spirit. Through her berries and mushrooms in the woods. Located in Idaho Falls, ID, Walsh En- He was in his element with an audi- hard work, expertise, and reputation gineering Services was founded by for quality work, Stephanie’s company ence, be it 2 or 200 hundred, sharing his Stephanie Walsh along with a group of stories of nature and human nature. has grown over the past 13 years and dedicated engineers. An Idaho Falls na- now employs approximately 75 Ida- His deep bass voice could fill a room, tive, Stephanie was raised in a potato and his easy smile and laughter were hoans who provide valuable con- farming family and went on to grad- contagious. Roy was manly enough to tracting services to public and private uate from the University of Idaho with shed tears of joy or sorrow without em- entities. Stephanie Walsh is a great ex- a degree in mechanical engineering. barrassment, to render steady advice, ample to both young female engineers After graduation, Stephanie returned and to dispense his love, help, and and woman entrepreneurs throughout home and began working for the De- friendship to all in need. Idaho and the Nation. I would like to When asked for some words of advice, partment of Energy’s Idaho National congratulate Stephanie and all of the Roy once answered: ‘‘For a good qual- Lab. While at the INL, Stephanie rec- employees at Walsh Engineering Serv- ity of life, I believe it is important to ognized the emerging need for expert ices for being named the Small Busi- have several things: a positive mind, contractors at one of our country’s ness of the Month for October 2018. I good family relationships, goals you most important nuclear research cen- wish you good luck in your future en- hope to achieve and to be adaptable. Be ters. In 2005, Stephanie finally took the deavors and look forward to watching open to new relationships, never feel plunge and founded Walsh Engineering your continued growth and success.∑ too old to learn and always be yourself. Services. Owning her own business and f Recognize that you are unique. There working with the INL as a contractor allowed her to continue to work to 150TH ANNIVERSARY OF WAYNE is only one you.’’ STATE UNIVERSITY He held his most satisfying accom- meet the needs of the INL, as well as plishments as: ‘‘Extending justice and those of a growing Southeastern Idaho. ∑ Ms. STABENOW. Mr. President, judicial services to rural Alaska—ex- Since its founding, Walsh Engineer- today I wish to pay special tribute to posing rural Alaskans to Alaska’s judi- ing Services has grown from a small Wayne State University, which this cial system and making them feel in- group of dedicated engineers and de- year is celebrating 150 years. cluded by traveling to them and deliv- signer-drafters, to a full-service engi- Michigan is home to many world- ering services in their own commu- neering and architecture firm staffed class colleges and universities. How- nities.’’ by architects, cost estimators, and sup- ever, what has set Wayne State apart Linda, his wife of 36 years prior to his port personnel. Their goal has always from the very beginning is its unique passing, perhaps said it best: Roy had been to provide high-quality, reliable, role in serving the people of Michigan ‘‘the soul of a poet, the vitality of a and responsive professional technical from the heart of Detroit. fisherman and hunter, measured reason services to their customers. Their cli- Wayne State traces its roots to 1868, and mental retentiveness of a judge, ents have expanded over the years from when five physicians who had wit- courage and vision of one committed to the INL to other DOE National Labora- nessed the very worst of human suf- making life better for others, and the tories, the State of Idaho Department fering on Civil War battlefields vowed heart and humanity of a loyal friend.’’ of Public Works, and fabrication firms to change medicine for the better. This is but a brief overview of the life located throughout the country. Steph- They founded Detroit Medical College. of Roy Madsen who lived such a pro- anie is an outstanding example of Ida- Its motto: Salus Populi—Suprema Lex.

VerDate Sep 11 2014 06:11 Oct 12, 2018 Jkt 089060 PO 00000 Frm 00037 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.078 S11OCPT1 dlhill on DSK3GLQ082PROD with SENATE S6814 CONGRESSIONAL RECORD — SENATE October 11, 2018 The Welfare of the People is the High- SESQUICENTENNIAL OF LINCOLN EXECUTIVE MESSAGE REFERRED est Law. HIGH SCHOOL In executive session the Presiding Of- A lot has changed since those early ∑ Mr. WYDEN. Mr. President, today I ficer laid before the Senate a message days. Today more than 27,000 Warriors wish to recognize the sesquicentennial from the President of the United from 80 countries are earning degrees of Lincoln High School in Portland, States submitting a nomination which in everything from accounting to man- OR. was referred to the Committee on the ufacturing engineering, orchestral One of the oldest and most celebrated Judiciary. studies to urban planning, but one public secondary schools west of the (The message received today is print- thing has not changed at all: Wayne Mississippi River, Lincoln was estab- ed at the end of the Senate pro- State’s dedication to people’s welfare. lished in 1869, a decade after Oregon’s ceedings.) For 150 years, Wayne State has been founding. Originally known as Port- f making Detroit and our State stronger land High School, it was eventually re- and creating true leaders. named in honor of President Abraham MEASURES DISCHARGED It is doing that at the Integrative Lincoln. Currently located in the The following joint resolution was Biosciences Center, a 127,000-square- Goose Hollow neighborhood of South- discharged from the Committee on Fi- foot, $90 million facility dedicated to west Portland, Lincoln High School nance by petition, pursuant to 5 U.S.C. studying and eliminating health dis- has moved four times over the past 150 802(c), and placed on the calendar: years and is currently planning a fifth parities, and the National Institutes of S.J. Res. 64. Joint resolution providing for Health’s Perinatology Research campus to accommodate its growing congressional disapproval under chapter 8 of Branch, which has helped more than student body. title 5, United States Code, of the rule sub- 20,000 at-risk mothers and babies. Lincoln High School’s college pre- mitted by the Department of the Treasury It is doing that at the brand-new paratory program has graduated gen- relating to ‘‘Returns by Exempt Organiza- Mike Illitch School of Business, which erations of Oregon students. Over 60 tions and Returns by Certain Non-Exempt is creating the next generation of busi- faculty members oversee and imple- Organizations’’. ness leaders while helping revitalize ment a wealth of academic and extra- f the corridor between downtown and curricular opportunities, including enhanced and advanced coursework in lit- EXECUTIVE AND OTHER midtown. COMMUNICATIONS It is doing that through its Wayne erature, the social sciences, foreign Advantage-Macomb program, which al- languages, mathematics, and physical The following communications were lows students to begin to earn their de- and life sciences. Lincoln offers a cele- laid before the Senate, together with gree at Macomb Community College, brated international baccalaureate accompanying papers, reports, and doc- and the Warrior Way Back program, program, in addition to a full Spanish uments, and were referred as indicated: which helps students who didn’t re- immersion program. EC–6791. A communication from the Sec- ceive their degrees get back into class Outside the classroom, Lincoln’s retary of the Treasury, transmitting, pursu- while easing their student debt burden. Constitution Team has won 23 State ant to law, a six-month periodic report on championships and six national titles. the national emergency with respect to It counts among its alumni people South Sudan that was declared in Executive who have excelled in nearly every field: Its speech and debate team ranks among the top in the State, and its Order 13664 of April 3, 2014; to the Committee Dr. Joseph Ferguson, class of 1869, the on Banking, Housing, and Urban Affairs. first African-American medical school mock trial team competes nationally. EC–6792. A communication from the Assist- graduate in Michigan; Helen Thomas, The school’s student newspaper ‘‘The ant Secretary of the Army (Civil Works), class of 1942, dean of the White House Cardinal Times’’ is the oldest continu- transmitting, pursuant to law, a report rel- Press Corps; Emmett Leith, class of ously published high school paper on ative to the Sabine Pass to Galveston Bay, 1949, recipient of the National Medal of the West Coast. Lincoln’s magazine Texas Coastal Storm Risk Management and ‘‘Beyond the Flock’’ and its Spanish- Ecosystem Restoration Project; to the Com- Science; Philip Levine, class of 1950, mittee on Environment and Public Works. Poet Laureate of the United States and language magazine ‘‘Puno y Letro’’ add winner of the Pulitzer Prize; Damon to the school’s rich and diverse literary f tradition. Lincoln’s student athletes Keith, Wayne State University Law REPORTS OF COMMITTEES School class of 1967, U.S. Circuit Court have brought home 38 State championships in a variety of sports. Seventy- The following reports of committees of Appeals; Garth Fagan, class of 1969, were submitted: winner of the Tony Award for Best seven student-led clubs and unions Choreography for ‘‘The Lion King’’; serve the larger Portland community By Mr. JOHNSON, from the Committee on Homeland Security and Governmental Af- Mark Fritz, class of 1978, winner of the and demonstrate Lincoln’s commitment to an inclusive, engaged, and di- fairs, without amendment: Pulitzer Prize for international report- H.R. 2196. A bill to amend title 5, United ing; Dr. Carmen McIntyre, class of 1990, verse student body. Lincoln students are dedicated to fos- States Code, to allow whistleblowers to dis- creator of the Mental Health First Aid close information to certain recipients tering an open and welcoming commu- Training program; and Dr. Mona (Rept. No. 115–346). nity for all and have committed to car- Hanna-Attisha, class of 2006, whose By Mr. RISCH, from the Committee on rying those values forth into 2019, the careful research helped discover ele- Small Business and Entrepreneurship, with school’s 150th year. For 150 years, Lin- vated lead levels in the children of an amendment in the nature of a substitute: coln High School has inspired genera- S. 2679. A bill to provide access to and Flint. tions of global thinkers who have manage the distribution of excess or surplus Hundreds of thousands more alumni, bettered their communities in the Car- property to veteran-owned small businesses. famous or not, can credit Wayne State dinal spirit of academic and civic en- By Mr. RISCH, from the Committee on Small Business and Entrepreneurship, within part for their success, but so too can gagement. hundreds of thousands of people who out amendment: I rise to acknowledge the significant S. 3552. A bill to amend the Small Business have been educated, inspired, rep- contribution of Lincoln High School to resented, protected, entertained, and Act to adjust the real estate appraisal the State of Oregon and the Nation as thresholds under the 7(a) program of the treated by those graduates. I think a whole and to offer my congratula- Small Business Administration to bring those original five physicians would be tions to the students, faculty, and those thresholds into line with the thresh- extremely pleased with the impact alumni on the occasion of its sesqui- olds used by the Federal banking regulators, their school has had not just on Detroit centennial.∑ and for other purposes. but on our Nation. By Mr. RISCH, from the Committee on f Since 1868, Wayne State University Small Business and Entrepreneurship, with- has been building leaders. Congratula- MESSAGE FROM THE PRESIDENT out amendment and an amendment to the title: tions to students, faculty, staff, and A message from the President of the S. 3553. A bill to amend the Small Business alumni on 150 years of putting the wel- United States was communicated to Act to adjust the real estate appraisal fare of the people of Michigan first. the Senate by Mr. Williams, one of his thresholds under the section 504 program of Thank you.∑ secretaries. the Small Business Administration to bring

VerDate Sep 11 2014 06:11 Oct 12, 2018 Jkt 089060 PO 00000 Frm 00038 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.080 S11OCPT1 dlhill on DSK3GLQ082PROD with SENATE October 11, 2018 CONGRESSIONAL RECORD — SENATE S6815 those thresholds into line with the thresh- By Mr. ROUNDS: United States reach its global energy secu- olds used by the Federal banking regulators, S. 3575. A bill to require the Securities and rity goals, and for other purposes; to the and for other purposes. Exchange Commission to carry out a cost Committee on Foreign Relations. By Mr. RISCH, from the Committee on benefit analysis of the use of Form 10-Q, and By Mr. SANDERS: Small Business and Entrepreneurship, with- for other purposes; to the Committee on S. 3586. A bill to direct the Secretary of out amendment: Banking, Housing, and Urban Affairs. Agriculture to provide emergency payments S. 3554. A bill to extend the effective date By Mr. ROUNDS: to dairy producers; to the Committee on Ag- for the sunset for collateral requirements for S. 3576. A bill to require the Securities and riculture, Nutrition, and Forestry. Small Business Administration disaster Exchange Commission to revise the defini- By Mr. CARPER (for himself, Mr. NEL- loans. tions of a qualifying portfolio company and a SON, Mr. MENENDEZ, and Mr. VAN By Mr. RISCH, from the Committee on qualifying investment to include an emerg- HOLLEN): Small Business and Entrepreneurship, with ing growth company and the equity securi- S. 3587. A bill to amend title 23, United amendments: ties of an emerging growth company, respec- States Code, to improve the nationally sig- S. 3561. A bill to support entrepreneurs tively, for purposes of the exemption from nificant freight and highway projects pro- serving in the National Guard and Reserve, registration for venture capital fund advisers gram, and for other purposes; to the Com- and for other purposes. under the Investment Advisers Act of 1940; to mittee on Environment and Public Works. By Mr. RISCH, from the Committee on the Committee on Banking, Housing, and By Mr. SCHATZ (for himself and Mr. Small Business and Entrepreneurship, with- Urban Affairs. MERKLEY): out amendment: By Mr. ROUNDS: S. 3588. A bill to amend title 18, United S. 3562. A bill to amend the Small Business S. 3577. A bill to amend the Financial Sta- States Code, to establish an Office of Federal Act to modify the method for prescribing bility Act of 2010 to require the Financial Correctional Education, and for other pur- size standards for business concerns. Stability Oversight Council to consider al- poses; to the Committee on the Judiciary. f ternative approaches before determining By Mr. SCHATZ: that a U.S. nonbank financial company shall S. 3589. A bill to amend the Elementary EXECUTIVE REPORTS OF be supervised by the Board of Governors of and Secondary Education Act of 1965 by es- COMMITTEE the Federal Reserve System, and for other tablishing a program to support the mod- purposes; to the Committee on Banking, ernization, renovation , or repair of career The following executive reports of Housing, and Urban Affairs. and technical education facilities, and to en- nominations were submitted: By Mr. ROUNDS: able schools serving grades 6 through 12 that By Mr. GRASSLEY for the Committee on S. 3578. A bill to require the Securities and are located in rural areas or that serve Na- the Judiciary. Exchange Commission to carry out a study tive American students to remodel or build Mary M. Rowland, of Illinois, to be United to evaluate the issues affecting the provision new facilities to provide STEM classrooms States District Judge for the Northern Dis- of, and reliance upon, investment research and laboratories and support high-speed trict of Illinois. into small issuers; to the Committee on internet, and for other purposes; to the Com- Steven C. Seeger, of Illinois, to be United Banking, Housing, and Urban Affairs. mittee on Health, Education, Labor, and States District Judge for the Northern Dis- By Mr. ROUNDS: Pensions. trict of Illinois. S. 3579. A bill to require the Securities and By Mr. PAUL: Martha Maria Pacold, of Illinois, to be Exchange Commission to revise the defini- S. 3590. A bill to prohibit military aid to United States District Judge for the North- tions of a ‘‘small business’’ and ‘‘small orga- Saudi Arabia until the Secretary of State de- ern District of Illinois. nization’’ for purposes of assessing the im- termines that Jamal Khashoggi is alive and Carl J. Nichols, of the District of Colum- pact of the rulemakings of the Commission free; to the Committee on Foreign Relations. bia, to be United States District Judge for under the Investment Advisers Act of 1940; to By Mrs. GILLIBRAND (for herself, Mr. the District of Columbia. the Committee on Banking, Housing, and GARDNER, Mr. BENNET, Mr. Mary S. McElroy, of Rhode Island, to be Urban Affairs. BLUMENTHAL, Mrs. SHAHEEN, Mr. United States District Judge for the District By Mr. HELLER: BOOKER, Ms. BALDWIN, Mr. MARKEY, of Rhode Island. S. 3580. A bill to amend the Internal Rev- Mr. COONS, Mr. CASEY, Mr. SCHUMER, Stephanie A. Gallagher, of Maryland, to be enue Code of 1986 to provide a tax credit to Mr. MENENDEZ, Mr. MURPHY, Ms. United States District Judge for the District taxpayers who provide reductions in rent to WARREN, Mrs. MURRAY, Mr. WHITE- of Maryland. low-income senior renters, and for other pur- HOUSE, Ms. KLOBUCHAR, and Ms. Kenneth D. Bell, of North Carolina, to be poses; to the Committee on Finance. DUCKWORTH): United States District Judge for the Western By Mr. THUNE (for himself and Mr. S. 3591. A bill to extend authorization for District of North Carolina. WYDEN): the September 11th Victim Compensation Jonathan A. Kobes, of South Dakota, to be S. 3581. A bill to promote neutrality, sim- Fund of 2001 through fiscal year 2090, and for United States Circuit Judge for the Eighth plicity, and fairness in the taxation of dig- other purposes; to the Committee on the Ju- Circuit. ital goods and digital services; to the Com- diciary. (Nominations without an asterisk mittee on Finance. By Ms. HASSAN (for herself and Mrs. By Mr. HELLER: SHAHEEN): were reported with the recommenda- S. 3582. A bill to amend the Internal Rev- S. 3592. A bill to amend the Public Health tion that they be confirmed.) enue Code of 1986 to establish a new phaseout Service Act to prevent surprise medical bill- f of the credit for plug-in electric drive motor ing practices, and for other purposes; to the vehicles; to the Committee on Finance. Committee on Health, Education, Labor, and INTRODUCTION OF BILLS AND By Mr. HELLER: Pensions. JOINT RESOLUTIONS S. 3583. A bill to direct the National By Mrs. ERNST (for herself, Mr. COT- The following bills and joint resolu- Science Foundation to provide grants for re- TON, Mrs. MCCASKILL, and Ms. tions were introduced, read the first search about STEM education approaches HEITKAMP): and second times by unanimous con- and the STEM-related workforce, and for S. 3593. A bill to amend the Family and other purposes; to the Committee on Com- Medical Leave Act of 1993, to repeal certain sent, and referred as indicated: merce, Science, and Transportation. limits on leave for a husband and wife em- By Mr. CARDIN (for himself, Ms. KLO- By Mr. MERKLEY (for himself, Ms. ployed by the same employer; to the Com- BUCHAR, and Mr. VAN HOLLEN): STABENOW, Mrs. GILLIBRAND, Ms. mittee on Health, Education, Labor, and S. 3572. A bill to require information shar- BALDWIN, Mr. BLUMENTHAL, Mr. Pensions. ing with respect to the ownership of election SCHATZ, Mr. CARDIN, and Ms. CORTEZ By Ms. COLLINS (for herself, Mrs. service providers; to the Committee on Rules MASTO): MCCASKILL, and Ms. KLOBUCHAR): and Administration. S. 3584. A bill to amend the Higher Edu- S. 3594. A bill to provide for the issuance of By Mr. VAN HOLLEN (for himself, Ms. cation Act of 1965 in order to increase usage a Stamp Out Elder Abuse Semipostal Stamp; COLLINS, and Mr. CARDIN): of the Federal student loan income-based re- to the Committee on Homeland Security and S. 3573. A bill to amend the Help America payment plan and improve repayment op- Governmental Affairs. Vote Act of 2002 to require States to take tions for borrowers, and for other purposes; By Mr. GARDNER: steps to ensure domestic ownership and con- to the Committee on Health, Education, S. 3595. A bill to amend the Internal Rev- trol of election service providers, and for Labor, and Pensions. enue Code of 1986 to exclude employer con- other purposes; to the Committee on Rules By Mr. MURPHY (for himself and Mr. tributions to student loan repayment from and Administration. JOHNSON): income, and for other purposes; to the Com- By Mr. ROUNDS: S. 3585. A bill to prioritize the efforts of mittee on Finance. S. 3574. A bill to amend the Financial Sta- and enhance coordination among United By Mr. YOUNG (for himself, Ms. HAS- bility Act of 2010 to provide relief to States agencies to encourage countries in SAN, Mr. HATCH, and Mr. KAINE): nonbanks from certain stress test require- Central and Eastern Europe to diversify S. 3596. A bill to amend the Higher Edu- ments under that Act; to the Committee on their energy sources and supply routes, in- cation Act of 1965 to create an innovation Banking, Housing, and Urban Affairs. crease Europe’s energy security, and help the zone initiative, and for other purposes; to

VerDate Sep 11 2014 06:11 Oct 12, 2018 Jkt 089060 PO 00000 Frm 00039 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.025 S11OCPT1 dlhill on DSK3GLQ082PROD with SENATE S6816 CONGRESSIONAL RECORD — SENATE October 11, 2018 the Committee on Health, Education, Labor, S. 3609. A bill to amend the National Trails S. Res. 682. A resolution designating Octo- and Pensions. System Act to designate the Route 66 Na- ber 30, 2018, as a national day of remem- By Mr. HELLER: tional Historic Trail, and for other purposes; brance for nuclear weapons program work- S. 3597. A bill to strengthen protections for to the Committee on Energy and Natural Re- ers; considered and agreed to. child trafficking victims testifying against sources. By Mr. DURBIN (for himself and Ms. human traffickers; to the Committee on the f DUCKWORTH): Judiciary. S. Res. 683. A resolution recognizing and By Mr. CORNYN: SUBMISSION OF CONCURRENT AND commemorating the bicentennial of the S. 3598. A bill to limit private antitrust SENATE RESOLUTIONS State of Illinois; considered and agreed to. damages against occupational licensing By Mr. CARDIN (for himself and Mr. boards, to promote beneficial reforms of The following concurrent resolutions and Senate resolutions were read, and VAN HOLLEN): State occupational licensing, and for other S. Res. 684. A resolution relative to the purposes; to the Committee on the Judici- referred (or acted upon), as indicated: death of the Honorable Joseph D. ‘‘Joe’’ ary. By Mr. WICKER (for himself and Mrs. Tydings, former United States Senator for By Mr. MENENDEZ (for himself, Mr. HYDE-SMITH): the State of Maryland; considered and agreed WHITEHOUSE, Mr. BOOKER, Mr. REED, S. Res. 673. A resolution recognizing the to. Mr. COONS, and Mr. CARPER): 80th anniversary of Ingalls Shipbuilding; to f S. 3599. A bill to amend title XVIII of the the Committee on the Judiciary. Social Security Act to codify and perma- By Mr. HATCH: ADDITIONAL COSPONSORS nently extend the Medicare hospital wage S. Res. 674. A resolution recognizing the index imputed rural floor; to the Committee month of October 2018 as ‘‘National Prin- S. 87 on Finance. cipals Month’’; to the Committee on Health, At the request of Mr. TOOMEY, the By Mr. DONNELLY: Education, Labor, and Pensions. name of the Senator from Nevada (Mr. S. 3600. A bill to amend the Internal Rev- By Mr. COONS (for himself and Mr. HELLER) was added as a cosponsor of S. enue Code of 1986 to provide that floor plan KENNEDY): financing includes the financing of certain 87, a bill to ensure that State and local S. Res. 675. A resolution designating the law enforcement may cooperate with trailers and campers; to the Committee on week beginning on October 14, 2018, as ‘‘Na- Finance. tional Wildlife Refuge Week’’; to the Com- Federal officials to protect our commu- By Mr. BOOKER (for himself and Mr. mittee on the Judiciary. nities from violent criminals and sus- YOUNG): By Mrs. MURRAY (for herself and Mr. pected terrorists who are illegally S. 3601. A bill to amend the Workforce In- CASEY): present in the United States. novation and Opportunity Act to provide for S. Res. 676. A resolution to recognize the S. 109 a program that employs pay-for-performance importance of National Disability Employ- At the request of Mr. GRASSLEY, the financing for workforce development ment Awareness Month; to the Committee projects; to the Committee on the Judiciary. on Health, Education, Labor, and Pensions. name of the Senator from Mississippi By Ms. STABENOW (for herself and By Mrs. MURRAY (for herself and Ms. (Mrs. HYDE-SMITH) was added as a co- APITO Mrs. C ): CANTWELL): sponsor of S. 109, a bill to amend title S. 3602. A bill to amend the Public Health S. Res. 677. A resolution congratulating the XVIII of the Social Security Act to Service Act to reauthorize school-based Seattle Storm women’s basketball team on health centers, and for other purposes; to the provide for coverage under the Medi- winning the 2018 Women’s National Basket- care program of pharmacist services. Committee on Health, Education, Labor, and ball Association championship; to the Com- Pensions. mittee on Commerce, Science, and Transpor- S. 210 By Mr. BOOKER (for himself and Mr. tation. At the request of Mrs. SHAHEEN, the MENENDEZ): By Ms. HIRONO (for herself, Ms. CANT- name of the Senator from Minnesota S. 3603. A bill to require the Federal Motor WELL, Ms. CORTEZ MASTO, Ms. Carrier Safety Administration to implement (Ms. SMITH) was added as a cosponsor DUCKWORTH, Mr. DURBIN, Ms. HARRIS, a national employer notification service; to of S. 210, a bill to prohibit the applica- the Committee on Commerce, Science, and Mr. HELLER, Mr. KAINE, Ms. KLO- tion of certain restrictive eligibility Transportation. BUCHAR, Ms. MURKOWSKI, Mrs. MUR- requirements to foreign nongovern- RAY, Mr. SCHATZ, Mr. VAN HOLLEN, By Ms. KLOBUCHAR (for herself, Mr. mental organizations with respect to Ms. WARREN, Mrs. FEINSTEIN, and Mr. RISCH, Mrs. SHAHEEN, and Mr. BURR): the provision of assistance under part I S. 3604. A bill to require a study to deter- SANDERS): mine the best available estimate of the total S. Res. 678. A resolution recognizing the of the Foreign Assistance Act of 1961. amount of nonhighway recreational fuel month of October 2018 as Filipino American S. 352 History Month and celebrating the history taxes received by the Secretary of the Treas- At the request of Mr. CORKER, the ury; to the Committee on Environment and and culture of Filipino Americans and their immense contributions to the United States; name of the Senator from Ohio (Mr. Public Works. PORTMAN) was added as a cosponsor of By Mr. WYDEN: to the Committee on the Judiciary. S. 3605. A bill to support wildlife conserva- By Mr. COONS (for himself, Mr. S. 352, a bill to award a Congressional tion, improve anti-trafficking enforcement, MORAN, Mr. LEAHY, and Mr. BOOZ- Gold Medal to Master Sergeant provide dedicated funding for wildlife con- MAN): Rodrick ‘‘Roddie’’ Edmonds in recogni- servation at no expense to taxpayers, and for S. Res. 679. A resolution designating Octo- tion of his heroic actions during World other purposes; to the Committee on Envi- ber 16, 2018, as ‘‘World Food Day’’; to the War II. ronment and Public Works. Committee on the Judiciary. S. 384 By Mr. PETERS (for himself and Mr. By Mr. CASSIDY (for himself, Mr. LUNT CORNYN): MURPHY, Mrs. CAPITO, Ms. WARREN, At the request of Mr. B , the S. 3606. A bill to amend the FAST Act to and Mr. VAN HOLLEN): name of the Senator from Montana improve contracting opportunities for serv- S. Res. 680. A resolution calling on Con- (Mr. TESTER) was added as a cosponsor ice-connected disabled veteran-owned small gress, schools, and State and local edu- of S. 384, a bill to amend the Internal business concerns, and for other purposes; to cational agencies to recognize the signifi- Revenue Code of 1986 to permanently cant educational implications of dyslexia the Committee on Environment and Public extend the new markets tax credit, and Works. that must be addressed, and designating Oc- By Mr. CARDIN (for himself, Mr. tober 2018 as ‘‘National Dyslexia Awareness for other purposes. WICKER, and Mr. PERDUE): Month’’; considered and agreed to. S. 536 S. 3607. A bill to strengthen the participa- By Mr. GRASSLEY (for himself, Ms. At the request of Mr. SCHUMER, the tion of elected national legislators in the ac- STABENOW, Mr. ALEXANDER, Mr. DON- name of the Senator from Louisiana NELLY, and Mr. ENZI): tivities of the Organization of American (Mr. KENNEDY) was added as a cospon- S. Res. 681. A resolution designating the States and reaffirm United States support sor of S. 536, a bill to promote trans- for Organization of American States human week beginning October 21, 2018, as ‘‘Na- rights and anti-corruption initiatives, and tional Character Counts Week’’; considered parency in the oversight of cybersecu- for other purposes; to the Committee on For- and agreed to. rity risks at publicly traded compa- eign Relations. By Mr. ALEXANDER (for himself, Mr. nies. By Mr. UDALL (for himself, Ms. KLO- UDALL, Mr. MCCONNELL, Mr. SCHU- S. 545 MER, Mr. CORKER, Mr. HEINRICH, Mr. BUCHAR, and Mr. HEINRICH): At the request of Mr. PAUL, the name S. 3608. A bill to provide grants for local PORTMAN, Mr. BROWN, Mr. GARDNER, care corps programs; to the Committee on Ms. CANTWELL, Mr. GRAHAM, Mrs. of the Senator from Mississippi (Mrs. Health, Education, Labor, and Pensions. MURRAY, Mr. HATCH, Mr. MARKEY, HYDE-SMITH) was added as a cosponsor By Mr. UDALL (for himself and Mr. Mr. ROBERTS, Mr. RUBIO, and Mr. of S. 545, a bill to preserve and protect INHOFE): GRASSLEY): the free choice of individual employees

VerDate Sep 11 2014 06:11 Oct 12, 2018 Jkt 089060 PO 00000 Frm 00040 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.028 S11OCPT1 dlhill on DSK3GLQ082PROD with SENATE October 11, 2018 CONGRESSIONAL RECORD — SENATE S6817 to form, join, or assist labor organiza- creditation reform, to require institu- (Mr. CRAPO), the Senator from Idaho tions, or to refrain from such activi- tions of higher education to publish in- (Mr. RISCH), the Senator from Alaska ties. formation regarding student success, (Mr. SULLIVAN), the Senator from Ne- S. 689 to provide for fiscal accountability, braska (Mrs. FISCHER), the Senator At the request of Mrs. MURRAY, the and to provide for school account- from Ohio (Mr. PORTMAN), the Senator name of the Senator from New Jersey ability for student loans. from South Carolina (Mr. GRAHAM), the (Mr. BOOKER) was added as a cosponsor S. 2276 Senator from Utah (Mr. HATCH), the of S. 689, a bill to provide women with At the request of Mr. YOUNG, the Senator from Alabama (Mr. SHELBY), increased access to preventive and life- name of the Senator from Wisconsin the Senator from Wyoming (Mr. ENZI), saving cancer screening. (Ms. BALDWIN) was added as a cospon- the Senator from Nevada (Mr. HELLER), S. 796 sor of S. 2276, a bill to require agencies the Senator from Oklahoma (Mr. At the request of Mr. WARNER, the to submit reports on outstanding rec- LANKFORD), the Senator from Wyoming name of the Senator from Indiana (Mr. ommendations in the annual budget (Mr. BARRASSO), the Senator from Lou- YOUNG) was added as a cosponsor of S. justification submitted to Congress. isiana (Mr. KENNEDY), the Senator from OUNG 796, a bill to amend the Internal Rev- S. 2736 Indiana (Mr. Y ), the Senator from Louisiana (Mr. CASSIDY), the Senator enue Code of 1986 to extend the exclu- At the request of Mr. GARDNER, the sion for employer-provided education name of the Senator from Michigan from Georgia (Mr. PERDUE), the Sen- ator from South Carolina (Mr. SCOTT), assistance to employer payments of (Mr. PETERS) was added as a cosponsor student loans. of S. 2736, a bill to develop a long-term the Senator from Texas (Mr. CRUZ), the Senator from Iowa (Mrs. ERNST), the S. 802 strategic vision and a comprehensive, Senator from Wisconsin (Ms. BALDWIN), At the request of Mr. PORTMAN, the multifaceted, and principled United the Senator from Pennsylvania (Mr. names of the Senator from Tennessee States policy for the Indo-Pacific re- CASEY), the Senator from Hawaii (Ms. (Mr. CORKER) and the Senator from gion, and for other purposes. HIRONO), the Senator from California Missouri (Mr. BLUNT) were added as co- S. 2784 (Ms. HARRIS), the Senator from Colo- sponsors of S. 802, a bill to award a At the request of Mr. HELLER, the rado (Mr. BENNET), the Senator from Congressional Gold Medal in honor of names of the Senator from Kansas (Mr. Virginia (Mr. WARNER), the Senator Lawrence Eugene ‘‘Larry’’ Doby in rec- ROBERTS), the Senator from Maryland from New Mexico (Mr. UDALL), the Sen- ognition of his achievements and con- (Mr. VAN HOLLEN), the Senator from ator from Massachusetts (Ms. WAR- tributions to American major league South Carolina (Mr. SCOTT), the Sen- REN), the Senator from Vermont (Mr. athletics, civil rights, and the Armed ator from Hawaii (Ms. HIRONO), the LEAHY), the Senator from Alabama Forces during World War II. Senator from Utah (Mr. HATCH) and the (Mr. JONES) and the Senator from S. 998 Senator from Minnesota (Ms. KLO- Washington (Mrs. MURRAY) were added At the request of Mr. DAINES, the BUCHAR) were added as cosponsors of S. as cosponsors of S. 2863, a bill to rename of the Senator from Missouri 2784, a bill to reauthorize the Family quire the Secretary of the Treasury to (Mrs. MCCASKILL) was added as a co- Violence Prevention and Services Act. mint a coin in commemoration of the sponsor of S. 998, a bill to amend the S. 2796 opening of the National Law Enforce- Tariff Act of 1930 to protect personally At the request of Mr. TESTER, the ment Museum in the District of Colum- identifiable information, and for other name of the Senator from New York bia, and for other purposes. purposes. (Mrs. GILLIBRAND) was added as a co- S. 2971 S. 1090 sponsor of S. 2796, a bill to authorize At the request of Mr. BOOKER, the At the request of Mr. CRAPO, the the Secretary of Veterans Affairs to name of the Senator from Wisconsin names of the Senator from Montana use the authority of the Secretary to (Ms. BALDWIN) was added as a cospon- (Mr. TESTER) and the Senator from conduct and support research on the ef- sor of S. 2971, a bill to amend the Ani- Kansas (Mr. ROBERTS) were added as ficacy and safety of medicinal can- mal Welfare Act to prohibit animal cosponsors of S. 1090, a bill to amend nabis, and for other purposes. fighting in the United States terri- the Internal Revenue Code of 1986 to fa- S. 2821 tories. cilitate water leasing and water trans- At the request of Ms. SMITH, the S. 3140 fers to promote conservation and effi- name of the Senator from New Mexico At the request of Mr. INHOFE, the ciency. (Mr. HEINRICH) was added as a cospon- name of the Senator from Missouri S. 1121 sor of S. 2821, a bill to amend title 38, (Mrs. MCCASKILL) was added as a co- At the request of Mr. HATCH, the United States Code, to provide for the sponsor of S. 3140, a bill to amend the name of the Senator from Connecticut treatment of veterans who participated Packers and Stockyards Act, 1921, to (Mr. MURPHY) was added as a cosponsor in the cleanup of Enewetak Atoll as ra- provide for the establishment of a trust of S. 1121, a bill to establish a postsec- diation exposed veterans for purposes for the benefit of all unpaid cash sell- ondary student data system. of the presumption of service-connec- ers of livestock, and for other purposes. S. 1706 tion of certain disabilities by the Sec- S. 3178 At the request of Mr. MENENDEZ, the retary of Veterans Affairs, and for At the request of Ms. HARRIS, the name of the Senator from Washington other purposes. names of the Senator from Iowa (Mr. (Mrs. MURRAY) was added as a cospon- S. 2830 GRASSLEY), the Senator from Texas sor of S. 1706, a bill to prevent human At the request of Mr. DURBIN, the (Mr. CORNYN), the Senator from Texas health threats posed by the consump- name of the Senator from Minnesota (Mr. CRUZ), the Senator from South tion of equines raised in the United (Ms. SMITH) was added as a cosponsor Carolina (Mr. GRAHAM) and the Senator States. of S. 2830, a bill to reauthorize the from Utah (Mr. HATCH) were added as S. 1730 rural emergency medical services cosponsors of S. 3178, a bill to amend At the request of Ms. COLLINS, the training and equipment assistance pro- title 18, United States Code, to specify name of the Senator from Pennsyl- gram under section 330J of the Public lynching as a deprivation of civil vania (Mr. CASEY) was added as a co- Health Service Act. rights, and for other purposes. sponsor of S. 1730, a bill to implement S. 2863 S. 3241 policies to end preventable maternal, At the request of Mr. BLUNT, the At the request of Ms. WARREN, the newborn, and child deaths globally. names of the Senator from West Vir- names of the Senator from North Da- S. 2228 ginia (Mrs. CAPITO), the Senator from kota (Ms. HEITKAMP) and the Senator At the request of Mr. LEE, the name North Carolina (Mr. TILLIS), the Sen- from Alaska (Ms. MURKOWSKI) were of the Senator from South Carolina ator from Mississippi (Mrs. HYDE- added as cosponsors of S. 3241, a bill to (Mr. SCOTT) was added as a cosponsor SMITH), the Senator from Montana (Mr. amend the Servicemembers Civil Relief of S. 2228, a bill to amend the Higher DAINES), the Senator from Oklahoma Act to provide for the termination by a Education Act of 1965 to provide for ac- (Mr. INHOFE), the Senator from Idaho spouse of a lessee of certain leases

VerDate Sep 11 2014 06:11 Oct 12, 2018 Jkt 089060 PO 00000 Frm 00041 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.031 S11OCPT1 dlhill on DSK3GLQ082PROD with SENATE S6818 CONGRESSIONAL RECORD — SENATE October 11, 2018 when the lessee dies while in military (Mr. ALEXANDER), the Senator from MERKLEY) was added as a cosponsor of service. Virginia (Mr. KAINE), the Senator from S.J. Res. 64, a joint resolution pro- S. 3257 Illinois (Mr. DURBIN) and the Senator viding for congressional disapproval At the request of Mr. CRUZ, the name from Nebraska (Mr. SASSE) were added under chapter 8 of title 5, United of the Senator from Michigan (Ms. as cosponsors of S. 3476, a bill to extend States Code, of the rule submitted by STABENOW) was added as a cosponsor of certain authorities relating to United the Department of the Treasury relat- S. 3257, a bill to impose sanctions on States efforts to combat HIV/AIDS, tu- ing to ‘‘Returns by Exempt Organiza- foreign persons responsible for serious berculosis, and malaria globally, and tions and Returns by Certain Non-Ex- violations of international law regard- for other purposes. empt Organizations’’. ing the protection of civilians during S. 3481 S. RES. 220 armed conflict, and for other purposes. At the request of Ms. WARREN, the At the request of Mr. MENENDEZ, the S. 3319 name of the Senator from Colorado name of the Senator from Rhode Island At the request of Mr. DURBIN, the (Mr. BENNET) was added as a cosponsor (Mr. REED) was added as a cosponsor of names of the Senator from Rhode Is- of S. 3481, a bill to amend the Securi- S. Res. 220, a resolution expressing soli- land (Mr. REED), the Senator from Con- ties and Exchange Act of 1934 to re- darity with Falun Gong practitioners necticut (Mr. BLUMENTHAL), the Sen- quire issuers to disclose certain activi- who have lost lives, freedoms, and ator from Oregon (Mr. MERKLEY) and ties relating to climate change, and for rights for adhering to their beliefs and the Senator from Ohio (Mr. BROWN) other purposes. practices and condemning the practice were added as cosponsors of S. 3319, a S. 3483 of non-consenting organ harvesting, bill to impose additional restrictions and for other purposes. on tobacco flavors for use in e-ciga- At the request of Mr. GRASSLEY, the rettes. name of the Senator from California f (Mrs. FEINSTEIN) was added as a co- S. 3321 sponsor of S. 3483, a bill to direct the STATEMENTS ON INTRODUCED At the request of Mr. COONS, the BILLS AND JOINT RESOLUTIONS name of the Senator from Connecticut Under Secretary of Commerce for In- (Mr. MURPHY) was added as a cosponsor tellectual Property and Director of the By Ms. COLLINS (for herself, of S. 3321, a bill to award Congressional United States Patent and Trademark Mrs. MCCASKILL, and Ms. KLO- Gold Medals to Katherine Johnson and Office, in consultation with the Admin- BUCHAR): Dr. Christine Darden and to post- istrator of the Small Business Admin- S. 3594. A bill to provide for the humously award Congressional Gold istration, to conduct a study and pro- issuance of a Stamp Out Elder Abuse Medals to Dorothy Vaughan and Mary vide recommendations to promote the Semipostal Stamp; to the Committee Jackson in recognition of their con- participation of women, minorities, on Homeland Security and Govern- tributions to the success of the Na- and veterans in entrepreneurship ac- mental Affairs. tional Aeronautics and Space Adminis- tivities and the patent system, to ex- Ms. COLLINS. Mr. President. Along tration during the Space Race. tend by 8 years the authority of the with my colleague and friend, Senator S. 3363 United States Patent and Trademark CLAIRE MCCASKILL, I am introducing At the request of Ms. HARRIS, the Office to set the amounts for the fees the Stamp Out Elder Abuse Act of 2018, name of the Senator from New Jersey that the Office charges, and for other a bill that seeks to help combat the (Mr. BOOKER) was added as a cosponsor purposes. abuse and financial exploitation of our of S. 3363, a bill to support States in S. 3504 nation’s seniors. Our bill would create their work to end preventable mor- At the request of Mr. CORNYN, the a semipostal, or fundraising, stamp bidity and mortality in maternity care name of the Senator from Minnesota that would allow Postal Service cus- by using evidence-based quality im- (Ms. KLOBUCHAR) was added as a co- tomers to make a voluntary contribu- provement to protect the health of sponsor of S. 3504, a bill to amend the tion to help raise awareness and com- mothers during pregnancy, childbirth, Internal Revenue Code of 1986 to pro- bat elder abuse with a stamp purchase. and in the postpartum period and to re- vide an exemption from gross income The proceeds from this stamp would go duce neonatal and infant mortality, to for civil damages as recompense for to the Department of Health and eliminate racial disparities in mater- trafficking in persons. Human Service’s (HHS) Administration nal health outcomes, and for other pur- S. 3530 on Community Living (ACL) and the poses. At the request of Mr. REED, the name Department of Justice (DOJ). This ad- S. 3387 of the Senator from Maryland (Mr. VAN ditional funding for the ACL would be At the request of Ms. CANTWELL, the HOLLEN) was added as a cosponsor of S. used to further support the develop- name of the Senator from Maryland 3530, a bill to reauthorize the Museum ment and advancement of emerging (Mr. VAN HOLLEN) was added as a co- and Library Services Act. practices to prevent and respond to the sponsor of S. 3387, a bill to restore ad- abuse of older adults. Funding for the S. 3561 ministrative law judges to the com- DOJ would go toward improving pros- At the request of Mrs. SHAHEEN, the petitive service. ecution, data collection, litigation sup- names of the Senator from Delaware S. 3449 port, and prevention of elder abuse ini- (Mr. COONS) and the Senator from At the request of Mr. MERKLEY, the tiatives. Notably, this bill would help Washington (Ms. CANTWELL) were names of the Senator from Minnesota to provide needed additional revenue to added as cosponsors of S. 3561, a bill to (Ms. SMITH) and the Senator from tackle elder abuse without costing the support entrepreneurs serving in the Vermont (Mr. SANDERS) were added as federal government a single penny. National Guard and Reserve, and for cosponsors of S. 3449, a bill to amend Abuse can happen to anyone—no other purposes. the Internal Revenue Code of 1986 to matter the person’s age, gender, race, extend certain tax credits related to S. 3564 religion, or ethnic or cultural back- electric cars, and for other purposes. At the request of Mr. CARDIN, the ground. Each year, hundreds of thou- S. 3470 name of the Senator from Michigan sands of adults over the age of 60 are At the request of Mr. CARDIN, the (Ms. STABENOW) was added as a cospon- abused, neglected, or financially ex- name of the Senator from Rhode Island sor of S. 3564, a bill to amend the Safe ploited. Abuse can happen in many (Mr. WHITEHOUSE) was added as a co- Drinking Water Act and the Federal places, including a person’s home, a sponsor of S. 3470, a bill to promote Water Pollution Control Act to estab- family member’s house, an assisted liv- United States-Mongolia trade by au- lish pilot programs to assist low-in- ing facility, or a nursing home. Just as thorizing duty-free treatment for cer- come households in maintaining access abuse can occur in various settings, tain imports from Mongolia, and for to sanitation services and drinking there are many types of elder abuse, in- other purposes. water, and for other purposes. cluding physical abuse, emotional S. 3476 S.J. RES. 64 abuse, sexual abuse, neglect, abandon- At the request of Mr. CORKER, the At the request of Mr. TESTER, the ment, and financial exploitation. Al- names of the Senator from Tennessee name of the Senator from Oregon (Mr. though there are different types of

VerDate Sep 11 2014 06:11 Oct 12, 2018 Jkt 089060 PO 00000 Frm 00042 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.033 S11OCPT1 dlhill on DSK3GLQ082PROD with SENATE October 11, 2018 CONGRESSIONAL RECORD — SENATE S6819 abuse, it is common for a victim to ex- led by HHS and DOJ, has brought other After twenty-two years in existence, there perience more than one type of mis- federal agencies to the table to coordi- are Triads in more than 680 counties in 36 treatment. nate efforts to protect older individuals states. Triad serves 16 million seniors na- According to the National Council on tionwide—nearly half of America’s senior from abuse. In January, the DOJ took population. The National Sheriffs’ Associa- Aging, approximately one in ten Amer- another step forward by directing all 94 tion and local sheriffs have long recognized icans aged 60 years old or older have U.S. Attorneys’ offices to each des- the need to ensure the safety and quality of experienced some form of elder abuse, ignate an elder justice coordinator, life for the growing number of senior citizens and according to the GAO, financial who will develop strategies to protect by supporting the formation of community fraud targeting older Americans is a seniors in their districts. This will pro- partnerships under the auspice of Triad. growing epidemic that costs seniors an mote greater cooperation between the Triad has a clear vision and a simple mission—to keep seniors safe from crime. estimated $2.9 billion annually. We DOJ and its law enforcement partners. The Stamp Out Elder Abuse Act of 2018 know, however, that the true number is While the best way to intervene in the makes a clear effort to increase awareness probably much higher since many of problem of elder abuse is to prevent it and support for the elderly community. We these cases are never reported because from happening in the first place, when applaud your efforts to support prevention the victim is too often ashamed to re- abuse does occur, it is crucial that the and education, investigation and prosecu- port abuse, particularly when it in- perpetrators of the crimes not go tion, and victims’ services in an effort in combat elder abuse. volves a family member. As a con- unpunished. Sincerely, sequence, the true incidence of abuse is I worked closely on the Stamp Out JONATHAN F. THOMPSON, not known. In fact, the National Cen- Elder Abuse Act of 2018 with Philip C. Executive Director and CEO. ter on Elder Abuse reports that only Marshall, founder of Beyond Brooke, a one in 14 cases are reported to the au- cause-based campaign named to honor THE ELDER JUSTICE COALITION, A thorities. Philip’s late grandmother, Brooke NATIONAL ADVOCACY VOICE FOR In my home State of Maine—the Astor, who was a well-known philan- ELDER JUSTICE IN AMERICA, State with the oldest population by thropist, recipient of the Presidential Washington, DC, September 25, 2018. median age—an estimated 33,000 sen- Hon. SUSAN COLLINS, Medal of Freedom, and a victim of Chairman, Special Committee on Aging, U.S. iors each year are the victims of some elder abuse and elder financial exploi- Senate, Washington, DC. kind of abuse or financial fraud. More- tation. In 2015, Mr. Marshall testified DEAR CHAIRMAN COLLINS: As the National over, in as many as 90 percent of finan- before the Senate Aging Committee Coordinator of the nonpartisan Elder Justice cial cases, the senior is victimized by about how his father mistreated his Coalition which represents more than 3,000 someone he or she knows well. In a 2017 grandmother and mismanaged her as- members, I write to congratulate you on the report of financial exploitation of introduction of the Stamp Out Elder Abuse sets while she suffered from Alz- Act of 2018, which will create a semi-postal Maine’s older adults, in most cases fi- heimer’s disease. In addition, I am stamp to provide additional funding to the nancial exploitation is perpetrated by a pleased that the nonpartisan Elder Jus- federal government for programs to address family members and for those per- tice Coalition, which represents more elder abuse, neglect, and exploitation. The petrators who were family members, than 3,000 members, along with the Na- EJC is proud to have worked closely on this the majority were the victim’s child. tional Center for Victims of Crime, the legislation with you and Philip C. Marshall, In a recent case in Maine, police National Sheriff’s Association, and the founder of Beyond Brooke, a cause-based charged a pastor in York County, campaign named to honor Philip’s late National Association on Area Agencies grandmother, Brooke Astor, who was a well- Maine, with exploiting an incapaci- on Aging support the bill. known philanthropist, recipient of the Presi- tated elderly woman. They say the Preventing and combating elder dential Medal of Freedom, and a victim of man befriended the woman while he abuse require law enforcement and so- elder abuse and elder financial exploitation. was volunteering at the assisted-living cial service agencies at all levels of We are pleased that the bill will direct the community where she lived. According government to work collaboratively United States Postal Service to develop the to police, the State determined the semi-postal stamp and use the proceeds from with the private sector. The Stamp Out its sales to provide funding to augment the woman to be incapacitated and as- Elder Abuse Act would assist the Fed- elder justice initiatives at both the Adminis- signed her a guardian and conservator. eral government’s role to help make tration on Aging in the Department of The pastor allegedly took the woman that happen. I urge my colleagues to Health and Human Services and at the De- to her bank, withdrew money to have support this bill. partment of Justice. These programs include the locks changed on her former home, Mr. President—I ask that letters prevention, education, data collection, serv- which had been on the market, and he from these organizations appear in the ices to protect and support victims, and demonstration projects, in addition to initiatives took down the ‘‘for sale’’ sign. RECORD immediately following my re- Police say the pastor told the woman to investigate and prosecute perpetrators of marks. elder abuse and financial exploitation. Fur- he would help her return to her house, There being no objection so ordered. ther, the departments will be able to use even though it was not equipped for the their resources to support dissemination of wheelchair access she required. He sug- NATIONAL SHERIFFS’ ASSOCIATION, the stamp. gested his daughter could live with the Alexandria, VA, October 10, 2018. Thank you again for your leadership on woman to care for her. Police say his Hon. SUSAN COLLINS, this and other elder justice issues. Please let goal was to ingratiate himself and have U.S. Senate, us know if we can be of assistance in secur- Washington, DC. access to this woman’s financial ac- ing passage of the Stamp Out Elder Abuse DEAR SENATOR COLLINS: On behalf of the Act of 2018. counts and property. Fortunately, in National Sheriffs’ Association (NSA) and the Sincerely, this case, the conservator, who was le- more than 3,000 elected sheriffs nationwide, I ROBERT B. BLANCATO, gally responsible for protecting the write to endorse the Stamp Out Elder Abuse National Coordinator. woman’s assets, identified and reported Act of 2018 proposed by yourself and cospon- the suspected criminal activity to the sored by Senator Claire McCaskill. This Act THE NATIONAL CENTER FOR police. initiates a semi postal stamp that not only VICTIMS OF CRIME, Combatting elder abuse of seniors is raises elder abuse awareness, but also dedi- Washington, DC, October 2, 2018. cates the proceeds to elder justice programs primarily the responsibility of state Hon. SUSAN COLLINS, within DOJ and HHS. Chairman, Special Committee on Aging, U.S. and local agencies, particularly Adult As you may know, the NSA was one of the Senate, Washington, DC. Protective Services agencies. Preven- founding groups in the National Association DEAR CHAIRMAN COLLINS: As the Executive tion and response to cases of abuse re- of Triads, Inc. National Triads serves as a Director of the National Center for Victims quire coordinated efforts, including clearinghouse of information, best practices of Crime which advocates for stronger rights, state and local agencies, law enforce- and early alert system for local Triads. Triad protections, and services for all crime vic- ment, the social work and medical is a national community policing concept tims and the advocates who serve them, I that partners law enforcement agencies with community, and financial institutions. write to congratulate you on the introduc- older adult volunteer groups and older adult tion of the Stamp Out Elder Abuse Act of The Federal government also plays related community services to educate older 2018, which will create a semi-postal stamp an important role in providing leader- adults on crime and fraud, to reduce crime to provide additional funding to the federal ship to combat this problem. The Elder against the elderly, and eliminate the un- government for programs to address elder Justice Coordinating Council, which is warranted fear of crime. abuse, neglect, and exploitation.

VerDate Sep 11 2014 06:11 Oct 12, 2018 Jkt 089060 PO 00000 Frm 00043 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.038 S11OCPT1 dlhill on DSK3GLQ082PROD with SENATE S6820 CONGRESSIONAL RECORD — SENATE October 11, 2018 We are pleased that the bill will direct the (A) means a statute, rule, regulation, prac- (D) appeal an adverse decision of the occu- United States Postal Service to develop the tice, policy, or law that sets educational, ex- pational licensing board to an independent semi-postal stamp and use the proceeds from amination, training and/or experience re- adjudicator, including judicial review. its sales to provide funding to augment the quirements to authorize an individual to (b) APPLICABILITY.—This section shall not elder justice initiatives at both the Adminis- work in a lawful occupation; apply to any case commenced before the date tration on Aging in the Department of (B) includes any statute, rule, regulation, of enactment of this Act, unless it would be Health and Human Services and at the De- practice, policy, or law requiring certifi- inequitable not to apply this section to a partment of Justice. These programs include cation or an occupational license; and pending action. prevention, education, data collection, serv- (C) does not include a business license, fa- (c) RULE OF CONSTRUCTION.—Nothing in ices to protect and support victims, and dem- cility license, building permit, or zoning and this Act shall be construed to modify or im- onstration projects, in addition to initiatives land use regulation except to the extent that pair the applicability or availability of— to investigate and prosecute perpetrators of such a requirement or restriction substan- (1) relief pursuant to section 4A or 4C of elder abuse and financial exploitation. Fur- tially burdens an individual’s ability to work the Clayton Act (15 U.S.C. 15a, 15c); ther, the departments will be able to use in a lawful occupation. (2) injunctive relief pursuant to section 16 their resources to support dissemination of (6) WIDELY REGULATED OCCUPATION.—The the stamp. of the Clayton Act (15 U.S.C. 26); term ‘‘widely regulated occupation’’ means (3) equitable monetary or injunctive relief Thank you again for your leadership on an occupation in which forty (40) or more this and other elder justice issues. Please let pursuant to section 13(b) of the Federal States require an occupational license to en- Trade Commission Act (15 U.S.C. 53(b)); or us know if we can be of assistance in secur- gage in such occupation. ing passage of the Stamp Out Elder Abuse (4) the ability of any person to recover the (7) STATE.—The term ‘‘State’’ means each cost of the suit, including a reasonable attor- Act of 2018. of the several States, the District of Colum- Sincerely, ney’s fee, under section 4 of the Clayton Act bia, and any territory or possession of the (15 U.S.C. 15). MAI FERNANDEZ, United States. Executive Director. (d) SAVINGS CLAUSE.—The immunity from SEC. 3. PRIVATE ANTITRUST DAMAGES. damages, or interest on damages, that is pro- By Mr. CORNYN: (a) IN GENERAL.—No damages, or interest vided to members, officers, employees, or S. 3598. A bill to limit private anti- on damages, may be recovered under section agents of an occupational licensing board of 4, 4A or 4C of the Clayton Act (15 U.S.C. 15, trust damages against occupational li- a State under subsection (a) shall not apply 15a, or 15c) by any person, except for any to any action unrelated to their official ca- censing boards, to promote beneficial State, instrumentality of a State, or em- reforms of State occupational licens- pacity, such as implementing rules gov- ployee of a State or instrumentality of a erning minimum prices or fees. ing, and for other purposes; to the State acting in his or her official capacity, Committee on the Judiciary. from an occupational licensing board, or any SEC. 4. STATE LICENSING STUDIES TO BE CON- Mr. CORNYN. Mr. President, I ask member, officer, employee, or agent of a DUCTED. unanimous consent that the text of the board, acting in their official capacity, if— Not later than 120 days after the date of enactment of this Act, the Comptroller Gen- bill be printed in the RECORD. (1) the State— There being no objection, the text of (A) has enacted a law requiring an occupa- eral of the United States shall submit to Congress a report on— the bill was ordered to be printed in tional license to practice the lawful occupation regulated by the occupational licensing (1) how States can best address occupa- the RECORD, as follows: board; tional licensing reform, particularly for S. 3598 (B) has set forth criteria outlining any per- those occupations that are not directly re- Be it enacted by the Senate and House of Rep- sonal qualifications necessary to obtain an lated to protecting the health, safety, or wel- resentatives of the United States of America in occupational license and has required that li- fare of the public, including recommenda- Congress assembled, censees adhere to standards of practice and tions on how States can weigh the costs and SECTION 1. SHORT TITLE. ethical standards in the performance of regu- benefits of occupational licensing against This Act may be cited as the ‘‘Occupa- lated lawful occupations; and those of less restrictive alternatives, such as tional Licensing Board Antitrust Damages (C) has found that— certification and other approaches; Relief and Reform Act of 2018’’. (i) the public needs, and can be reasonably (2) how States can conduct comprehensive SEC. 2. DEFINITIONS. expected to benefit from, occupational li- cost-benefit assessments of occupational reg- In this Act: censing of the lawful occupation; and ulations and occupational licensing boards (1) CERTIFICATION.—The term ‘‘certifi- (ii) the unlicensed conduct of the lawful through sunrise reviews and periodic sunset cation’’ means a voluntary program under occupation would harm or endanger the reviews; which— health, safety, or welfare of the public; (3) how States can implement policies to (A) a private organization (in the case of (2) an occupation licensed by an occupa- support occupational licensing uniformity private certification) or the government of a tional licensing board— and occupational license portability, includ- State (in the case of government certifi- (A) is a widely regulated occupation; or ing streamlined licensing portability pro- cation) authorizes an individual who meets (B)(i) is not a widely regulated occupation grams for veterans and military service certain personal qualifications to use ‘‘cer- and the State has implemented a periodic members and spouses; and tified’’ as a designated title with respect to sunset review process of the occupational li- (4) how occupational licensing require- the performance of a lawful occupation; and censing board with regard to that occupa- ments affect low-income workers, the unem- (B) a noncertified individual may perform tion; and (ii) if previously unregulated by the ployed, immigrants with work authoriza- the lawful occupation for compensation but State, the State has implemented a sunrise tions, and individuals with criminal records. may not use the title ‘‘certified’’. review process of the occupational licensing SEC. 5. RULE OF CONSTRUCTION. (2) MEMBER, OFFICER, EMPLOYEE, OR board with regard to its regulation of that Except as provided in section 3, nothing in AGENT.—The term ‘‘member, officer, em- newly-licensed occupation; this Act shall be construed to modify or im- ployee, or agent’’, with respect to an occupa- (3) the chief executive, legislature, or other pair the applicability or the enforcement of tional licensing board, means an individual elected officer of the State— the antitrust laws, as defined in the first sec- appointed by, to, or employed by the occupa- (A) has appointed all members of the occu- tion of the Clayton Act (15 U.S.C. 12). tional licensing board. pational licensing board; and (3) OCCUPATIONAL LICENSE.—The term ‘‘oc- (B) has required public representation on cupational license’’ means a nontransferable the occupational licensing board; and By Mr. WYDEN: authorization under law for an individual to (4) the State or the occupational licensing S. 3605. A bill to support wildlife con- perform a lawful occupation for compensa- board has established a mechanism under servation, improve anti-trafficking en- tion based on meeting personal qualifica- which any person aggrieved by an action of forcement, provide dedicated funding tions established by the State government. the occupational licensing board has the for wildlife conservation at no expense (4) OCCUPATIONAL LICENSING BOARD.—The right to— term ‘‘occupational licensing board’’ or (A) contest such action at a hearing before to taxpayers, and for other purposes; to ‘‘board’’ means an entity established under the occupational licensing board at which the Committee on Environment and State law— the individual may provide evidence, argu- Public Works. (A) the express purpose of which is to regu- ment, and analysis; Mr. WYDEN. Mr. President, today I late the personal qualifications required to (B) review, at a reasonable time before the am introducing the Wildlife Conserva- engage in or practice a particular lawful oc- hearing, all evidence that the occupational tion and Anti-Trafficking Act which cupation; and licensing board has gathered relating to the will work to protect threatened or en- (B) that has authority conferred by State contested action; law to interpret or enforce the occupational (C) receive a final reasoned decision in dangered species, reduce human rights regulations of the State. writing from the occupational licensing violations, and limit the illegal oper- (5) OCCUPATIONAL REGULATION.—The term board within a reasonable period after the ations of international criminal orga- ‘‘occupational regulation’’— hearing; and nizations.

VerDate Sep 11 2014 07:14 Oct 12, 2018 Jkt 089060 PO 00000 Frm 00044 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.042 S11OCPT1 dlhill on DSK3GLQ082PROD with SENATE October 11, 2018 CONGRESSIONAL RECORD — SENATE S6821 This bill is a bipartisan and bi- bill addresses illegal, unreported, and SENATE RESOLUTION 674—RECOG- cameral effort, sponsored in the House unregulated fishing violations by con- NIZING THE MONTH OF OCTOBER of Representatives by Representative sidering serious abuses as violations of 2018 AS ‘‘NATIONAL PRINCIPALS MADELEINE BORDALLO and Representa- Federal money laundering laws and MONTH’’ tive DON YOUNG, and I look forward to therefore subjecting violators to sub- Mr. HATCH submitted the following growing its support in the Senate. stantial penalties. resolution; which was referred to the Conservation violations and wildlife Protecting wildlife requires a unified Committee on Health, Education, trafficking offenses are a global prob- and strategic approach to end poaching Labor, and Pensions: lem threatening biodiversity and ani- worldwide. Congress must aggressively S. RES. 674 mal welfare and facilitating significant counter the relentless activities of Whereas the National Association of Sec- criminal operations. Tackling this poachers, traffickers, and ondary School Principals, the National Asso- broad problem is complicated and com- transnational criminal organizations. ciation of Elementary School Principals, and pounded by insufficient penalties for The Wildlife Conservation and Anti- the American Federation of School Adminis- offenders and the difficulty of main- Trafficking Act is a strong response to trators have declared the month of October taining U.S.-oversight on the global crimes against wildlife; it will provide 2018 to be ‘‘National Principals Month’’; level. the necessary tools to curtail these il- Whereas principals are educational vision- This bill proposes to address these aries, instructional and assessment leaders, licit activities. disciplinarians, community builders, budget concerns by criminalizing elements of f analysts, facilities managers, and adminis- wildlife-trafficking operations under SUBMITTED RESOLUTIONS trators of legal and contractual obligations; Federal racketeering and organized Whereas principals work collaboratively crime statutes. Classifying wildlife- with teachers and parents to develop and im- trafficking crimes as ‘‘predicate of- plement clear missions, high curriculum SENATE RESOLUTION 673—RECOG- standards, and performance goals; fenses’’ under the Money Laundering NIZING THE 80TH ANNIVERSARY Statute, Travel Act and the Racketeer Whereas principals create school environ- OF INGALLS SHIPBUILDING ments that facilitate great teaching and Influenced and Corrupt Organizations Mr. WICKER (for himself and Mrs. learning and continuous school improve- Act enables prosecutors to administer ment; HYDE-SMITH) submitted the following substantial fines and prison-time for Whereas the vision, actions, and dedication violations. resolution; which was referred to the of principals provide the mobilizing force be- The bill recognizes the value of whis- Committee on the Judiciary: hind any school improvement effort; and tleblowers’ information to direct inves- S. RES. 673 Whereas the celebration of National Prin- tigations into wildlife-trafficking vio- Whereas October 2018 marks the 80th anni- cipals Month would honor elementary lations. It establishes a procedure to versary of Ingalls Shipbuilding, a ship- school, middle school, and high school prin- building corporation located in Pascagoula, cipals and recognize the importance of prin- secure valuable, useful information cipals in ensuring that every child has access from informants and provide sufficient Mississippi; Whereas Ingalls Shipbuilding is the largest to a high-quality education: Now, therefore, compensation for the risks these indi- industrial employer in the State of Mis- be it viduals make to blow the whistle on il- sissippi, with nearly 12,000 shipbuilders Resolved, That the Senate— legal operations. To do so, the bill redi- that— (1) recognizes the month of October 2018 as rects penalty payments from wildlife- (1) construct surface combatants, amphib- ‘‘National Principals Month’’; (2) honors the contributions of principals trafficking violations to fund whistle- ious assault ships, and United States Coast Guard cutters; and in elementary schools, middle schools, and blower compensation programs. Mone- high schools in the United States; and tary rewards to wildlife-crime whistle- (2) provide repair and maintenance services on United States Navy ships; (3) supports the goals and ideals of Na- blowers come from partial share of pen- Whereas Ingalls Shipbuilding is the largest tional Principals Month. alty paid to the U.S. Government, pro- supplier to the United States Navy of surface f viding no additional expense to Amer- combatants and has built nearly 70 percent SENATE RESOLUTION 675—DESIG- ican taxpayers. of the fleet of warships of the United States NATING THE WEEK BEGINNING The bill empowers Federal wildlife Navy; agents to operate abroad and provides Whereas Ingalls Shipbuilding was founded ON OCTOBER 14, 2018, AS ‘‘NA- TIONAL WILDLIFE REFUGE them with direction to collaborate in 1938 by Robert Ingersoll Ingalls on the WEEK’’ with local authorities. It instructs the east bank of the Pascagoula River in the State of Mississippi; Mr. COONS (for himself and Mr. KEN- Secretary of the Interior to adopt an Whereas since 1938, Ingalls Shipbuilding International Wildlife Conservation NEDY) submitted the following resolu- has provided the United States Navy, United tion; which was referred to the Com- Program consisting of four compo- States Coast Guard, and other customers nents: a regional component providing with the most reliable and high-quality ships mittee on the Judiciary: for protection of natural range habi- in the world; S. RES. 675 tats; a species component focusing con- Whereas the individuals who build ships at Whereas, in 1903, President Theodore Roo- servation on most vulnerable species; Ingalls Shipbuilding continue that legacy of sevelt established the first national wildlife an anti-trafficking component to cur- excellence; refuge on Pelican Island in Florida; Whereas Ingalls Shipbuilding provides Whereas, in 2018, the National Wildlife Ref- tail demand and limit poaching; and a 20,000 direct and indirect jobs in the State of uge System, administered by the United convention component to implement Mississippi; States Fish and Wildlife Service, is the pre- the Convention on International Trade Whereas Pascagoula is the home of the fin- mier system of land and water to conserve in the Endangered Species of Wild est shipbuilders in the world; wildlife in the world and has grown to ap- Flora and Fauna, CITES. Whereas Ingalls Shipbuilding contributes proximately 836,000,000 acres, 567 national The legislation seeks to expand the more than $1,000,000,000 to the economy of wildlife refuges, and 38 wetland management Marine Turtle Act of 2004 by extending the State of Mississippi annually; and districts located in every State and territory the legislation’s coverage to include Whereas as of the date of this resolution, of the United States; Whereas national wildlife refuges are im- U.S. territories, and increasing the Ingalls Shipbuilding— (1) has 13 ships from 4 different classes portant recreational and tourism destina- Act’s scope to cover marine and fresh- under construction; and tions in communities across the United water turtles as well as tortoises. (2) will build for the United States Navy States, and this protected land offers a vari- Additionally, the bill proposes to the LPD Flight II, the next class of amphib- ety of recreational opportunities, including 6 strengthen the Marine Mammal Pro- ious transport dock landing ship: Now, there- wildlife-dependent uses that the National tection Act of 1972 and the Shark-Fin- fore, be it Wildlife Refuge System manages, specifi- ning Measure under the Magnuson-Ste- Resolved, That the Senate— cally hunting, fishing, wildlife observation, vens Act by establishing that fines as- (1) recognizes Ingalls Shipbuilding on the photography, environmental education, and occasion of its 80th anniversary as a leader in interpretation; sociated with violating these acts are the military shipbuilding sector of the Whereas the National Wildlife Refuge Sys- to be used to benefit the same species United States and an excellent corporate cit- tem experiences more than 53,000,000 visits that were affected. izen; and each year, which generate more than Of particular concern to fishermen (2) extends best wishes to Ingalls Ship- $2,400,000,000 in sales and 35,000 jobs in local and women up and down the coasts, the building on that auspicious occasion. economies;

VerDate Sep 11 2014 06:11 Oct 12, 2018 Jkt 089060 PO 00000 Frm 00045 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.040 S11OCPT1 dlhill on DSK3GLQ082PROD with SENATE S6822 CONGRESSIONAL RECORD — SENATE October 11, 2018 Whereas visitation to the National Wildlife (1) designates the week beginning on Octo- Whereas, when provided the accommoda- Refuge System increased by nearly 30 per- ber 14, 2018, as ‘‘National Wildlife Refuge tions and support they need, people with dis- cent from 2006 to 2017; Week’’; abilities as a group are capable of performing Whereas, in 2018, 377 units of the National (2) encourages the observance of National virtually any job in the United States; Wildlife Refuge System have hunting pro- Wildlife Refuge Week with appropriate Whereas Congress has enacted laws to en- grams and 312 units of the National Wildlife events and activities; sure people with disabilities are not dis- Refuge System have fishing programs, aver- (3) acknowledges the importance of na- criminated against in employment, have ac- aging more than 2,400,000 hunting visits and tional wildlife refuges for their recreational cess to supports and services to find and more than 7,300,000 fishing visits each year; opportunities and contribution to local keep a job, and are entitled to accommoda- Whereas the National Wildlife Refuge Sys- economies across the United States; tions in the workplace, including— tem experienced more than 31,400,000 wildlife (4) finds that national wildlife refuges play (1) in 1973, when Congress enacted the Re- observation visits during fiscal year 2017; a vital role in securing the hunting and fish- habilitation Act of 1973 (29 U.S.C. 701 et seq.), Whereas national wildlife refuges are im- ing heritage of the United States for future a landmark civil rights law that— portant to local businesses and gateway generations; (A) prohibits discrimination on the basis of communities; (5) identifies the significance of national a disability in employment by the Federal Whereas the National Wildlife Refuge Sys- wildlife refuges in advancing the traditions Government and Federal contractors; tem encompasses every kind of ecosystem in of wildlife observation, photography, envi- (B) requires the Federal Government and the United States, including temperate, ronmental education, and interpretation; Federal contractors to engage in affirmative tropical and boreal forests, wetlands, (6) recognizes the importance of national action to promote the employment and ad- deserts, grasslands, arctic tundras, and re- wildlife refuges to wildlife conservation, the vancement of people with disabilities; and (C) established programs administered by mote islands, and spans 12 time zones from protection of imperiled species and eco- the Rehabilitation Services Administration the Virgin Islands to Guam; systems, and compatible uses; of the Department of Education, including Whereas national wildlife refuges are home (7) acknowledges the role of national wild- vocational rehabilitative services adminis- to more than 700 species of birds, 220 species life refuges in conserving waterfowl and wa- tered by State agencies; of mammals, 250 species of reptiles and am- terfowl habitat under the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.); (2) in 1975, when Congress enacted the Edu- phibians, and more than 1,000 species of fish; cation for All Handicapped Children Act of Whereas national wildlife refuges are the (8) reaffirms the support of the Senate for wildlife conservation and the National Wild- 1975 (Public Law 94–142; 89 Stat. 773), later re- primary Federal land on which the produc- named the Individuals with Disabilities Edu- tion, migration, and wintering habitat for life Refuge System; and (9) expresses the intent of the Senate— cation Act (20 U.S.C. 1400 et seq.), that re- waterfowl are fostered; quires public schools to provide all eligible Whereas, since 1934, the sale of the Federal (A) to continue working to conserve wildlife; and children with disabilities a free appropriate Duck Stamp to outdoor enthusiasts has gen- public education in the least restrictive en- erated more than $850,000,000, which has en- (B) to manage the National Wildlife Refuge System for current and future generations. vironment, including services to assist stu- abled the purchase or lease of more than dents with disabilities as those students 5,700,000 acres of habitat for waterfowl and f transition from high school to higher edu- numerous other species in the National Wild- cation or the workforce; life Refuge System; SENATE RESOLUTION 676—TO REC- (3) in 1990, when Congress enacted the Whereas refuges provide protection to OGNIZE THE IMPORTANCE OF Americans with Disabilities Act of 1990 (42 more than 380 threatened and endangered NATIONAL DISABILITY EMPLOY- U.S.C. 12101 et seq.), a landmark civil rights species; MENT AWARENESS MONTH law that prohibits employment discrimina- Whereas national wildlife refuges are cores tion against qualified individuals with dis- of conservation for larger landscapes and re- Mrs. MURRAY (for herself and Mr. abilities, mandates reasonable accommoda- sources for other agencies of the Federal CASEY) submitted the following resolutions in the workplace, and requires public Government, State governments, private tion; which was referred to the Com- entities to provide services (including em- landowners, and organizations in efforts to mittee on Health, Education, Labor, ployment services) in the most integrated secure the wildlife heritage of the United and Pensions: setting; States; (4) in 2008, when Congress enacted the Ge- S. RES. 676 Whereas more than 38,000 volunteers and netic Information Nondiscrimination Act of approximately 200 national wildlife refuge Whereas, in 1945, Congress passed the Joint 2008 (42 U.S.C. 2000ff et seq.), a landmark ‘‘Friends’’ organizations contribute more Resolution of August 11, 1945 (59 Stat. 530, civil rights law that prohibits employment than 1,350,000 volunteer hours annually, the chapter 363), to establish the first week in discrimination on the basis of genetic infor- equivalent of 650 full-time employees, and October of each year as ‘‘National Employ mation; provide an important link to local commu- the Physically Handicapped Week’’; (5) in 2014, when Congress enacted the nities; Whereas, in 1988, Congress passed the Workforce Innovation and Opportunity Act Whereas national wildlife refuges provide Handicapped Programs Technical Amend- (29 U.S.C. 3101 et seq.) to strengthen and im- an important opportunity for children to dis- ments Act of 1988 (Public Law 100–630; 102 prove the workforce system of the United Stat. 3289), which designated October of each cover and gain a greater appreciation for the States to better support people with disabil- year as ‘‘National Disability Employment natural world; ities by— Awareness Month’’; Whereas there are national wildlife refuges (A) focusing on increasing competitive in- Whereas, according to the Centers for Dis- located in several urban and suburban areas tegrated employment for people with disabil- ease Control and Prevention, approximately and there is a refuge located within a 1-hour ities; 61,000,000 people in the United States have a drive of every metropolitan area in the (B) limiting the use of discriminatory sub- disability; United States, which has enabled national minimum wages; and Whereas, among people with disabilities in wildlife refuges to employ, educate, and en- (C) requiring that 15 percent of vocational the United States, 33 percent participate in gage young people from all backgrounds in rehabilitation funds be used to help people the workforce; exploring, connecting with, and preserving with disabilities transition from high school Whereas the unemployment rate for people the natural heritage of the United States; to higher education or the workforce; with a disability is higher than for people (6) in 2014, when Congress extended the Whereas, since 1995, refuges across the without a disability across all educational work opportunity tax credit program to en- United States have held festivals, edu- attainment groups; courage the hiring of people with disabilities cational programs, guided tours, and other Whereas community-based, integrated em- referred by vocational rehabilitation agen- events to celebrate National Wildlife Refuge ployment at competitive wages is a human cies; and Week during the second full week of October; right and vital to economic self-sufficiency (7) in 2018, when Congress reauthorized the Whereas the United States Fish and Wild- in the United States; Carl D. Perkins Career and Technical Edu- life Service has designated the week begin- Whereas Employment First is a national cation Act of 2006 (20 U.S.C. 2301 et seq.) to ning on October 14, 2018, as ‘‘National Wild- movement, supported by the Department of increase the focus on and funding for recruit- life Refuge Week’’; and Labor, that supports the belief that all peo- ing and supporting individuals with disabil- Whereas the designation of National Wild- ple, including people with significant disabilities through career and technical education; life Refuge Week by the Senate would recog- ities, are capable of full participation in Whereas the Federal Government is the nize more than a century of conservation in competitive integrated employment and largest employer in the United States and the United States, raise awareness about the community living; has taken steps to increase recruitment, hir- importance of wildlife and the National Whereas, under Employment First policies, ing, and retention of people with disabilities Wildlife Refuge System, and celebrate the State and Federal systems align services, in- in the Federal workforce, including when— myriad recreational opportunities available centives, and policies for youth and adults (1) on July 26, 2000, President William J. to enjoy this network of protected land: with disabilities to lead to community- Clinton issued Executive Order 13163 (29 Now, therefore, be it based, integrated employment at competi- U.S.C. 791 note; relating to increasing the op- Resolved, That the Senate— tive wages; portunity for individuals with disabilities to

VerDate Sep 11 2014 06:11 Oct 12, 2018 Jkt 089060 PO 00000 Frm 00046 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.044 S11OCPT1 dlhill on DSK3GLQ082PROD with SENATE October 11, 2018 CONGRESSIONAL RECORD — SENATE S6823 be employed in the Federal Government), Whereas, despite progress, unemployment Abby Gordon, Dana McCracken, Susan which set the goal for the Federal Govern- and underemployment of workers with dis- Kleiner, and Erica Nash; ment to hire 100,000 people with disabilities abilities remains high: Now, therefore, be it Whereas the owners of the Seattle Storm, over 5 years, including individuals with tar- Resolved, That the Senate— Lisa Brummel, Dawn Trudeau, and Ginny geted disabilities; (1) recognizes the importance of National Glidel, are just 1 of 2 all-female ownership (2) on July 26, 2010, President Barack Disability Employment Awareness Month; groups in the WNBA; Obama issued Executive Order 13548 (29 (2) urges Congressional offices, Federal Ex- Whereas the Seattle Storm has exhibited U.S.C. 791 note; relating to increasing Fed- ecutive agencies, State and local govern- dedication to social impact by strengthening eral employment of individuals with disabil- ment employers, and private employers to communities through the StormCares part- ities), which directed the Federal Govern- redouble their efforts to increase employ- nership with organizations in the greater ment to take additional steps to achieve the ment of people with disabilities; and Puget Sound region; and hiring goals of Executive Order 13163 (29 (3) encourages individuals, employers, cit- Whereas the dedication and hard work of U.S.C. 791 note; relating to increasing the op- ies, counties, and States to observe National the Seattle Storm have inspired and empow- portunity for individuals with disabilities to Disability Employment Awareness Month ered girls, boys, women, and men of all ages: be employed in the Federal Government), in- with appropriate programs and activities Now, therefore, be it cluding— that increase the recruitment, hiring, and Resolved, That the Senate recognizes— (A) directing the Office of Personnel Man- retention of people with disabilities to the (1) the achievements of the players, coach- agement to design model recruitment and workforce. es, fans, and staff whose dedication has helped the Seattle Storm women’s basket- hiring strategies for Federal agencies to in- f crease the employment of people with dis- ball team win the 2018 Women’s National abilities; and SENATE RESOLUTION 677—CON- Basketball Association championship; (B) directing each Federal agency to de- GRATULATING THE SEATTLE (2) the State of Washington and the City of velop a plan for that agency for promoting STORM WOMEN’S BASKETBALL Seattle for their enthusiastic support of women’s professional basketball; and employment opportunities for people with TEAM ON WINNING THE 2018 disabilities, with— (3) the continuing progress toward ensur- WOMEN’S NATIONAL BASKET- ing equity in men’s and women’s professional (i) performance measures and numerical BALL ASSOCIATION CHAMPION- goals for the employment of individuals with sports. disabilities and targeted disabilities; and SHIP f (ii) a focus on the retention of employees Mrs. MURRAY (for herself and Ms. SENATE RESOLUTION 678—RECOG- with disabilities; CANTWELL) submitted the following (3) on August 18, 2011, President Barack NIZING THE MONTH OF OCTOBER resolution; which was referred to the 2018 AS FILIPINO AMERICAN HIS- Obama issued Executive Order 13583 (42 Committee on Commerce, Science, and U.S.C. 2000e note; relating to establishing a TORY MONTH AND CELEBRATING coordinated government-wide initiative to Transportation: THE HISTORY AND CULTURE OF promote diversity and inclusion in the Fed- S. RES. 677 FILIPINO AMERICANS AND THEIR eral workforce), which prompted the Office Whereas, on September 12, 2018, the Seattle IMMENSE CONTRIBUTIONS TO of Personnel Management to encourage the Storm women’s basketball team (referred to THE UNITED STATES use of Schedule A hiring authority for people in this preamble as the ‘‘Seattle Storm’’) with disabilities, conduct barrier analyses, won the 2018 Women’s National Basketball Ms. HIRONO (for herself, Ms. CANT- and support Special Emphasis Programs to Association (referred to in this preamble as WELL, Ms. CORTEZ MASTO, Ms. promote diversity in the workforce; the ‘‘WNBA’’) championship; DUCKWORTH, Mr. DURBIN, Ms. HARRIS, (4) on May 14, 2015, President Barack Whereas the 2018 WNBA championship is Mr. HELLER, Mr. KAINE, Ms. KLO- Obama issued Executive Order 13658 (79 Fed. the third national championship that the Se- BUCHAR, Ms. MURKOWSKI, Mrs. MURRAY, Reg. 9851; relating to establishing a min- attle Storm has won and the first national Mr. SCHATZ, Mr. VAN HOLLEN, Ms. WAR- imum wage for contractors (February 20, championship that team has won since 2010; REN, Mrs. FEINSTEIN, and Mr. SANDERS) 2014)), which required certain Federal Gov- Whereas the Seattle Storm beat the Wash- submitted the following resolution; ernment contractors to pay the same min- ington Mystics women’s basketball team in which was referred to the Committee imum wage to workers with disabilities as the WNBA finals and bested the Phoenix all other workers; Mercury women’s basketball team in the on the Judiciary: (5) the Equal Employment Opportunity WNBA conference finals; S. RES. 678 Commission, in implementing the Rehabili- Whereas the Seattle Storm became the Whereas the earliest documented Filipino tation Act of 1973 (29 U.S.C. 701 et seq.), re- sixth team in the history of the WNBA to presence in the continental United States quired Federal agencies to set hiring and sweep the WNBA finals in three games; was October 18, 1587, when the first ‘‘Luzones workforce goals for people with specific dis- Whereas the Seattle Storm dominated the Indios’’ arrived in Morro Bay, California, on abilities that are associated with high rates regular season, with the best record of any board the Nuestra Sen˜ ora de Esperanza, a of unemployment and underemployment; team in the WNBA of 26–8, and earned the Manila-built galleon ship; (6) the Equal Employment Opportunity top seed; Whereas the Filipino American National Commission created the Leadership for the Whereas the Seattle Storm championship Historical Society recognizes 1763 as the year Employment of Americans with Disabilities team exhibited stellar teamwork from its 12 in which the first permanent Filipino settle- (or ‘‘LEAD’’) Initiative to encourage Federal highly talented professional athletes, includ- ment in the United States was established in agencies to recruit, hire, and promote people ing Sue Bird, Breanna Stewart, Natasha St. Malo, Louisiana; with severe disabilities; and Howard, Jewell Loyd, Alysha Clark, Sami Whereas the recognition of the first perma- (7) the Office of Federal Contract Compli- Whitcomb, Jordin Canada, Crystal nent Filipino settlement in the United ance Programs of the Department of Labor, Langhorne, Kaleena Mosqueda-Lewis, Noelle States adds a new perspective to the history in implementing the Rehabilitation Act of Quinn, Courtney Paris, and Mercedes Rus- of the United States by bringing attention to 1973 (29 U.S.C. 701 et seq.), established a na- sell; the economic, cultural, social, and other no- tionwide 7 percent utilization goal for Fed- Whereas Breanna Stewart received the 2018 table contributions made by Filipino Ameri- eral contractors employing people with dis- WNBA Finals Most Valuable Player award cans to the development of the United abilities; and the 2018 WNBA League Most Valuable States; Whereas some private employers see dis- Player award; Whereas the Filipino American community ability employment not only as a civil rights Whereas Natasha Howard received the 2018 is the third largest Asian American and Pa- issue but also as a smart business strategy, WNBA Most Improved Player award; cific Islander group in the United States, and have recruited employees with disabil- Whereas Sue Bird received the 2018 WNBA with a population of approximately 4,000,000; ities; Kim Perrot Sportsmanship award, finished Whereas, from the Civil War to the Iraq Whereas employing people with disabilities her 16th season in the WNBA, led the WNBA and Afghanistan conflicts, Filipinos and Fili- increases the diversity of the workforce; with 2,831 career assists, and became the All- pino Americans have a longstanding history Whereas employers with diverse Time Games Played leader in the WNBA; of serving in the Armed Forces of the United workforces have been found to have an ad- Whereas the Seattle Storm was led during States; vantage over competitors; the 2018 season by Head Coach Dan Hughes Whereas more than 250,000 Filipinos fought Whereas Employment First policies, the and Assistant Coaches Gary Kloppenburg, under the United States flag during World laws Congress has enacted, actions by Execu- Ryan Webb, and Crystal Robinson; War II to protect and defend the United tive agencies, and actions by some private Whereas the players of the Seattle Storm States in the Pacific theater; companies have increased the employment of were supported during the 2018 season by ex- Whereas 20,000 Filipino World War II vet- people with disabilities, which has, in part, ceptionally committed operational and med- erans were granted United States citizenship resulted in 26 consecutive months of im- ical staff, including Talisa Rhea, Perry as a result of the Immigration Act of 1990, provement in disability employment in the Huang, Emily Blurton, Susan Borchardt, Dr. which was signed into law by President period between March 2016 and May 2018; and Adam Pourcho, Dr. Jeff Cary, Tom Spencer, George H.W. Bush on November 29, 1990;

VerDate Sep 11 2014 06:11 Oct 12, 2018 Jkt 089060 PO 00000 Frm 00047 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.046 S11OCPT1 dlhill on DSK3GLQ082PROD with SENATE S6824 CONGRESSIONAL RECORD — SENATE October 11, 2018 Whereas, effective June 8, 2016, the Filipino ture so as to provide an opportunity for all Whereas the member nations of the FAO World War II Veterans Parole Program al- people of the United States to learn more have unanimously designated October 16 of lowed for Filipino World War II veterans and about Filipino Americans and to appreciate each year as ‘‘World Food Day’’; certain family members to be reunited more the historic contributions of Filipino Ameri- Whereas the FAO has done commendable expeditiously than the immigrant visa proc- cans to the United States; and work in organizing activities and efforts on ess allowed at that time; (2) urges the people of the United States to ‘‘World Food Day’’ in over 130 countries to Whereas, on December 14, 2016, President observe Filipino American History Month promote awareness of and action for people Barack Obama signed into law the Filipino with appropriate programs and activities. suffering from hunger and malnutrition; Veterans of World War II Congressional Gold f Whereas past observances of ‘‘World Food Medal Act of 2015 (Public Law 114–265; 130 Day’’ have been supported— Stat. 1376) to award Filipino veterans who SENATE RESOLUTION 679—DESIG- (1) by proclamations by Congress, the fought alongside troops of the United States NATING OCTOBER 16, 2018, AS President, the 50 States, the District of Co- in World War II the highest civilian honor ‘‘WORLD FOOD DAY’’ lumbia, the Commonwealth of Puerto Rico, bestowed by Congress; and the territories and possessions of the Whereas, on October 25, 2017, the Congres- Mr. COONS (for himself, Mr. MORAN, United States; and sional Gold Medal was presented to Filipino Mr. LEAHY, and Mr. BOOZMAN) sub- (2) by programs of the Department of Agri- World War II veterans in Emancipation Hall mitted the following resolution; which culture and other Federal departments and in the Capitol Building, a recognition for was referred to the Committee on the agencies; which the veterans have waited for more Judiciary: Whereas private voluntary organizations and community leaders are participating in than 70 years; S. RES. 679 Whereas Filipino Americans continue to planning ‘‘World Food Day’’ observances in Whereas hunger and malnutrition are daily demonstrate a commendable sense of patri- 2018, and a growing number of these organi- facts of life for hundreds of millions of peo- otism and honor; zations and leaders are using ‘‘World Food ple around the world; Whereas 9 Filipino Americans have re- Day’’ as a focal point for year-round pro- Whereas women and children suffer the ceived the Congressional Medal of Honor, the grams; and most serious effects of hunger and malnutri- highest award for valor in action against an Whereas the people of the United States tion; enemy force that may be bestowed on an in- can express their concern for the plight of Whereas millions of children die each year dividual serving in the Armed Forces; hungry and malnourished people throughout from hunger-related illness and disease; Whereas the late Thelma Garcia the world by study, advocacy, and action: Whereas many people suffer permanent Buchholdt, born in Claveria, Cagayan, on the Now, therefore, be it physical or mental impairment because of island of Luzon in the Philippines— Resolved, That the Senate— (1) moved with her family to Alaska in vitamin or protein deficiencies; (1) designates October 16, 2018, as ‘‘World 1965; Whereas the United States has a long tra- Food Day’’; and (2) was elected to the House of Representa- dition of demonstrating humanitarian con- (2) encourages the people of the United tives of Alaska in 1974; cern for the hungry and malnourished people States to observe the day with appropriate (3) was the first Filipino woman elected to of the world; ceremonies and activities. a State legislature; and Whereas there is a growing concern in the f (4) authored a comprehensive history book United States and in other countries about entitled ‘‘Filipinos in Alaska: 1788–1958’’; threats to the future food supply, including— SENATE RESOLUTION 680—CALL- Whereas Filipino American farmworkers (1) misuse and overuse of land and water; ING ON CONGRESS, SCHOOLS, and labor leaders, such as Philip Vera Cruz (2) loss of biological diversity; and AND STATE AND LOCAL EDU- and Larry Itliong, played an integral role in (3) erosion of genetic resources on a global CATIONAL AGENCIES TO RECOG- the multiethnic United Farm Workers move- scale; NIZE THE SIGNIFICANT EDU- ´ Whereas the world community increas- ment, alongside Cesar Chavez, Dolores CATIONAL IMPLICATIONS OF Huerta, and other Latino workers; ingly calls upon the United States to resolve Whereas Filipino Americans play an inte- food problems stemming from natural- and DYSLEXIA THAT MUST BE AD- gral role in the healthcare system of the human-made disasters by providing humani- DRESSED, AND DESIGNATING OC- United States as nurses, doctors, and other tarian assistance; TOBER 2018 AS ‘‘NATIONAL DYS- medical professionals; Whereas the United States— LEXIA AWARENESS MONTH’’ (1) plays a major role in the development Whereas Filipino Americans have contrib- Mr. CASSIDY (for himself, Mr. MUR- uted greatly to music, dance, literature, edu- and implementation of international food PHY, Mrs. CAPITO, Ms. WARREN, and Mr. cation, business, journalism, sports, fashion, and agricultural trade standards and prac- politics, government, science, technology, tices; and VAN HOLLEN) submitted the following the fine arts, and other fields that enrich the (2) recognizes the positive role that the resolution; which was considered and landscape of the United States; global food trade can play in enhancing agreed to: Whereas, as mandated in the mission state- human nutrition and alleviating hunger; S. RES. 680 Whereas, although progress has been made ment of the Filipino American National His- Whereas dyslexia is— torical Society, efforts should continue to in reducing the incidence of hunger and mal- (1) defined as an unexpected difficulty in promote the study of Filipino American his- nutrition in the United States, certain reading for an individual who has the intel- tory and culture because the roles of Filipino groups remain vulnerable to malnutrition ligence to be a much better reader; and Americans and other people of color have and related diseases; (2) most commonly caused by a difficulty largely been overlooked in the writing, Whereas the conservation of natural re- in phonological processing (the appreciation teaching, and learning of the history of the sources, the preservation of biological diver- of the individual sounds of spoken language), United States; sity, and strong public and private agricul- which affects the ability of an individual to Whereas it is imperative for Filipino tural research programs are required for the speak, read, and spell, and often, the ability American youth to have positive role models United States— to learn a second language; to instill— (1) to remain food secure; and Whereas dyslexia is the most common (1) the significance of education, com- (2) to continue to aid the hungry and mal- learning disability and affects 80 to 90 per- plemented by the richness of Filipino Amer- nourished people of the world; cent of all individuals with a learning dis- ican ethnicity; and Whereas the United States is a world lead- ability; (2) the value of the Filipino American leg- er in the development of agricultural innova- Whereas dyslexia is persistent and highly acy; and tion and technology aimed at enhancing the prevalent, affecting as many as 1 out of Whereas it is essential to promote the un- improved production, safety, and quality of every 5 individuals; derstanding, education, and appreciation of the world food supply and must continue to Whereas dyslexia is a paradox, in that an the history and culture of Filipino Ameri- retain that role; individual with dyslexia may have both— cans in the United States: Now, therefore, be Whereas participation by private vol- (1) weaknesses in decoding that result in it untary organizations and businesses, work- difficulties in accurate or fluent word rec- Resolved, That the Senate— ing with national governments and the inter- ognition; and (1) recognizes the celebration of Filipino national community, is essential in the (2) strengths in higher-level cognitive func- American History Month in October 2018 as— search for ways to increase food production tions, such as reasoning, critical thinking, (A) a testament to the advancement of Fil- in developing countries and improve food concept formation, and problem solving; ipino Americans; distribution to hungry and malnourished Whereas great progress has been made in (B) a time to reflect on and remember the people; understanding dyslexia on a scientific level, many notable contributions that Filipino Whereas the Food and Agriculture Organi- including the epidemiology and cognitive Americans have made to the United States; zation of the United Nations (referred to in and neurobiological bases of dyslexia; and this preamble as the ‘‘FAO’’) is mandated to Whereas the achievement gap between typ- (C) a time to renew efforts toward the re- lead global efforts to address food and nutri- ical readers and dyslexic readers occurs as search and examination of history and cul- tion security issues; early as first grade; and

VerDate Sep 11 2014 06:11 Oct 12, 2018 Jkt 089060 PO 00000 Frm 00048 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.049 S11OCPT1 dlhill on DSK3GLQ082PROD with SENATE October 11, 2018 CONGRESSIONAL RECORD — SENATE S6825 Whereas early screening for, and early di- Whereas Congress encourages individuals structed to memorialize the contribution of agnosis of, dyslexia are critical for ensuring and organizations, especially those that have those workers; that individuals with dyslexia receive fo- an interest in the education and training of Whereas the stories and artifacts reflected cused, evidence-based intervention that the young people of the United States, to in the time capsule and the remembrance leads to fluent reading, promotion of self- adopt the elements of character as intrinsic quilt reinforce the importance of recognizing awareness and self-empowerment, and the to the well-being of individuals, commu- nuclear weapons program workers; and provision of necessary accommodations that nities, and society; Whereas those patriotic men and women ensure success in school and in life: Now, Whereas many schools in the United States deserve to be recognized for the contribu- therefore, be it recognize the need, and have taken steps, to tions, services, and sacrifices they made for Resolved, That the Senate— integrate the values of their communities the defense of the United States: Now, there- (1) calls on Congress, schools, and State into teaching activities; and fore, be it and local educational agencies to recognize Whereas the establishment of ‘‘National Resolved, That the Senate— that dyslexia has significant educational im- Character Counts Week’’, during which indi- (1) designates October 30, 2018, as a na- plications that must be addressed; and viduals, families, schools, youth organiza- tional day of remembrance for the nuclear (2) designates October 2018 as ‘‘National tions, religious institutions, civic groups, weapons program and uranium enrichment Dyslexia Awareness Month’’. and other organizations focus on character workers of the United States, including the education, is of great benefit to the United uranium miners, millers, and haulers; and f States: Now, therefore, be it (2) encourages the people of the United Resolved, That the Senate— States to support and participate in appro- SENATE RESOLUTION 681—DESIG- priate ceremonies, programs, and other ac- NATING THE WEEK BEGINNING (1) designates the week beginning October 21, 2018, as ‘‘National Character Counts tivities to commemorate October 30, 2018, as OCTOBER 21, 2018, AS ‘‘NATIONAL Week’’; and a national day of remembrance for past and CHARACTER COUNTS WEEK’’ (2) calls upon the people of the United present workers in the nuclear weapons program of the United States. Mr. GRASSLEY (for himself, Ms. States and interested groups— f STABENOW, Mr. ALEXANDER, Mr. DON- (A) to embrace the elements of character identified by local schools and communities, NELLY, and Mr. ENZI) submitted the fol- SENATE RESOLUTION 683—RECOG- such as trustworthiness, respect, responsi- lowing resolution; which was consid- bility, fairness, caring, and citizenship; and NIZING AND COMMEMORATING ered and agreed to: (B) to observe the week with appropriate THE BICENTENNIAL OF THE S. RES. 681 ceremonies, programs, and activities. STATE OF ILLINOIS Whereas the well-being of the United f Mr. DURBIN (for himself and Ms. States requires that the young people of the DUCKWORTH) submitted the following SENATE RESOLUTION 682—DESIG- United States become an involved, caring resolution; which was considered and NATING OCTOBER 30, 2018, AS A citizenry of good character; agreed to: Whereas the character education of chil- NATIONAL DAY OF REMEM- S. RES. 683 dren has become more urgent, as violence by BRANCE FOR NUCLEAR WEAP- and against youth increasingly threatens the ONS PROGRAM WORKERS Whereas Illinoisans will celebrate the 200th physical and psychological well-being of the anniversary of the founding of the State of people of the United States; Mr. ALEXANDER (for himself, Mr. Illinois on December 3, 2018, and the lasting Whereas, more than ever, children need UDALL, Mr. MCCONNELL, Mr. SCHUMER, legacy of all that the ‘‘Prairie State’’ has to strong and constructive guidance from their Mr. CORKER, Mr. HEINRICH, Mr. offer; families and their communities, including PORTMAN, Mr. BROWN, Mr. GARDNER, Whereas Illinois was the 21st State to be admitted to the Union in 1818, expanding the schools, youth organizations, religious insti- Ms. CANTWELL, Mr. GRAHAM, Mrs. MUR- heartland of the United States farther west; tutions, and civic groups; RAY, Mr. HATCH, Mr. MARKEY, Mr. ROB- Whereas Illinois took part in shaping the Whereas the character of a nation is only ERTS, Mr. RUBIO, and Mr. GRASSLEY) visions and moral compass of Abraham Lin- as strong as the character of its individual submitted the following resolution; coln, the 16th President of the United States, citizens; and became known as the ‘‘Land of Lincoln’’; Whereas the public good is advanced when which was considered and agreed to: Whereas Abraham Lincoln demonstrated young people are taught the importance of S. RES. 682 political courage in issuing the Emanci- good character and the positive effects that Whereas, since World War II, hundreds of pation Proclamation in 1863, an Executive good character can have in personal relation- thousands of men and women, including ura- order which freed more than 3,000,000 ships, in school, and in the workplace; nium miners, millers, and haulers, have enslaved persons of color in the United Whereas scholars and educators agree that served the United States by building nuclear States; people do not automatically develop good weapons for the defense of the United States; Whereas Illinois led the righteous path to- character and that, therefore, conscientious Whereas dedicated workers paid a high ward equality as the first State to ratify the efforts must be made by institutions and in- price for developing a nuclear weapons pro- 13th Amendment, banning slavery in the dividuals that influence youth to help young gram at the service of and for the benefit of United States, in 1865; people develop the essential traits and char- the United States, including by developing Whereas Illinois fostered the development acteristics that comprise good character; disabling or fatal illnesses; of many leaders of the United States as the Whereas, although character development Whereas the Senate recognized the con- birthplace of President Ronald Reagan and is, first and foremost, an obligation of fami- tributions, services, and sacrifices that those the home of President Ulysses S. Grant and lies, the efforts of faith communities, patriotic men and women made for the de- the first African-American President of the schools, and youth, civic, and human service fense of the United States in— United States, Barack H. Obama; organizations also play an important role in (1) Senate Resolution 151, 111th Congress, Whereas Illinois served as a pioneer in fostering and promoting good character; agreed to May 20, 2009; challenging the views of leadership in soci- Whereas Congress encourages students, (2) Senate Resolution 653, 111th Congress, ety by electing— teachers, parents, youth, and community agreed to September 28, 2010; (1) the third woman to ever serve in Con- leaders to recognize the importance of char- (3) Senate Resolution 275, 112th Congress, gress, Winnifred S. Huck, in 1922; and acter education in preparing young people to agreed to September 26, 2011; (2) the first African-American woman to play a role in determining the future of the (4) Senate Resolution 519, 112th Congress, serve in the Senate, Carol Moseley Braun, in United States; agreed to August 1, 2012; 1993; Whereas effective character education is (5) Senate Resolution 164, 113th Congress, Whereas the characteristic forests, wet- based on core ethical values, which form the agreed to September 18, 2013; lands, and vast farmland of Illinois estab- foundation of a democratic society; (6) Senate Resolution 417, 113th Congress, lished Illinois as an agricultural leader and Whereas examples of character are trust- agreed to July 9, 2014; the predominant producer of soybeans, corn, worthiness, respect, responsibility, fairness, (7) Senate Resolution 213, 114th Congress, and swine in the United States, and is home caring, citizenship, and honesty; agreed to September 25, 2015; to more than 72,000 farms that cover Whereas elements of character transcend (8) Senate Resolution 560, 114th Congress, 27,000,000 acres, or 75 percent of the State; cultural, religious, and socioeconomic dif- agreed to November 16, 2016; and Whereas Illinois is home to Chicago, the ferences; (9) Senate Resolution 314, 115th Congress, third largest city in the United States, Whereas the character and conduct of agreed to October 30, 2017; which survived and rebuilt following the youth reflect the character and conduct of Whereas a national day of remembrance Great Chicago Fire of 1871 that resulted in society, and, therefore, every adult has the time capsule has been crossing the United 300 fatalities and incurred an estimated responsibility to teach and model ethical States, collecting stories and artifacts of nu- $200,000,000 in damage across 4 miles of the values and every social institution has the clear weapons program workers relating to city; responsibility to promote the development of the nuclear defense era of the United States, Whereas Chicago introduced the world to good character; and a remembrance quilt has been con- groundbreaking, life-altering innovations

VerDate Sep 11 2014 06:11 Oct 12, 2018 Jkt 089060 PO 00000 Frm 00049 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.050 S11OCPT1 dlhill on DSK3GLQ082PROD with SENATE S6826 CONGRESSIONAL RECORD — SENATE October 11, 2018 while it was host to the World’s Columbian Lake Michigan, commemorating the 200th (2) the Board of Regents of the University Exposition in 1893, where the world wit- anniversary of the State: Now, therefore, be System of Maryland from 2000 to 2005; and nessed— it (3) the board of the University of Maryland (1) the first all-steel-framed skyscraper, Resolved, That the Senate— Medical System since 2008; and the Rand McNally Building on Adams Street; (1) recognizes the bicentennial of the Whereas Joe Tydings served the people of and founding of the State of Illinois, as well as the State of Maryland and all of the people (2) the first Ferris Wheel; the past and current residents of Illinois for of the United States with distinction for 6 Whereas Illinois inventors have been trail- their significant contributions to the eco- years in the United States Senate: Now, blazers in every area of scientific and me- nomic, social, and cultural development of therefore, be it chanical achievement, having contributed the United States; and Resolved, That— such inventions as the cell phone, the me- (2) respectfully requests that the Secretary (1) the Senate has heard with profound sor- chanical dishwasher, the zipper, of the Senate transmit a copy of this resolu- row and deep regret the announcement of the meatpacking, the first blood bank in the tion to the Governor of Illinois. death of the Honorable Joseph D. ‘‘Joe’’ United States, the wireless remote con- f Tydings, former member of the United troller, the vacuum cleaner, and the farm States Senate; silo; SENATE RESOLUTION 684—REL- (2) the Secretary of the Senate commu- Whereas Chicago was home to revolu- ATIVE TO THE DEATH OF THE nicate this resolution to the House of Rep- tionary and timely events, including— HONORABLE JOSEPH D. ‘‘JOE’’ resentatives and transmit an enrolled copy (1) the first televised Presidential debate; TYDINGS, FORMER UNITED of this resolution to the family of the Honor- (2) the first successful open-heart surgery; STATES SENATOR FOR THE able Joseph D. ‘‘Joe’’ Tydings; and and STATE OF MARYLAND (3) when the Senate adjourns today, it (3) the first self-sustaining controlled nu- stand adjourned as a further mark of respect clear reaction in the world; Mr. CARDIN (for himself and Mr. to the memory of the Honorable Joseph D. Whereas the economic contributions of Il- VAN HOLLEN) submitted the following ‘‘Joe’’ Tydings. linois are a testament of the hardworking resolution; which was considered and f men and women who call the State home, as agreed to: the gross domestic product of the State of Il- AMENDMENTS SUBMITTED AND S. RES. 684 linois in 2016 amounted to $796,000,000,000 and PROPOSED was the fifth highest in the United States in Whereas Joseph D. ‘‘Joe’’ Tydings (referred SA 4054. Mr. MCCONNELL (for Mr. THUNE) that year; to in this preamble as ‘‘Joe Tydings’’) en- proposed an amendment to the bill S. 140, to Whereas the communities of Illinois nur- tered the McDonough School as a military amend the White Mountain Apache Tribe ture unwavering heroism, as the State is cadet in 1938; Water Rights Quantification Act of 2010 to home to more than 20,000 active duty mili- Whereas Joe Tydings served in the United clarify the use of amounts in the WMAT Set- tary personnel, more than 24,000 members of States Army from 1946 to 1948, participating tlement Fund. reserve forces, and, from 2012 to 2016, more in the postwar occupation of Germany as a SA 4055. Mr. MCCONNELL (for Mr. CORKER) than 643,000 veterans, who selflessly risked corporal of the Sixth Constabulary Regi- proposed an amendment to the bill H.R. 390, their lives for the protection of the United ment; to provide relief for victims of genocide, States; Whereas Joe Tydings was elected in 1954 to crimes against humanity, and war crimes Whereas Illinois prides itself on institu- the Maryland House of Delegates to rep- who are members of religious and ethnic mi- tions of academic excellence and is home to resent Harford County, and served there nority groups in Iraq and Syria, for account- more than 300 colleges and universities that until 1961; ability for perpetrators of these crimes, and have made significant intellectual, sci- Whereas Joe Tydings was appointed by for other purposes. entific, and philosophical contributions to President John F. Kennedy to serve as United States Attorney for the District of SA 4056. Mr. MCCONNELL (for Mr. CORKER) the State as well as the United States; proposed an amendment to the bill H.R. 390, Whereas Illinois has been home to numer- Maryland from 1961 to 1963; Whereas Joe Tydings worked hard to es- supra. ous renowned artists in the areas of music, SA 4057. Mr. MCCONNELL (for Mr. ALEX- writing, acting, and visual art, including— tablish the nonpartisan reputation of the office of the United States Attorney for the ANDER) proposed an amendment to the bill (1) Miles Davis, born in Alton and raised in H.R. 2422, to amend the Public Health Serv- East St. Louis; District of Maryland and successfully pros- ecuted political corruption in the State of ice Act to improve essential oral health care (2) Ernest Hemingway, born in Oak Park; for low-income and other underserved indi- (3) Jane Addams, born in Cedarville; Maryland; viduals by breaking down barriers to care, (4) Nat King Cole, raised in Chicago; Whereas in 1963 Joe Tydings represented and for other purposes. (5) Carl Sandburg, born in Galesburg; the United States at the Interpol Conference SA 4058. Mr. MCCONNELL (for Mr. CORKER) (6) Sam Cooke, raised in Chicago; in Helsinki, Finland, and at the Inter- (7) Walt Disney, born in Chicago; and national Penal Conference in Bellagio, Italy; proposed an amendment to the bill H.R. 3342, (8) Robin Williams, born in Chicago; Whereas Joe Tydings was elected in 1964 to to impose sanctions with respect to foreign Whereas the major league sports teams of represent the State of Maryland in the persons that are responsible for using civil- Chicago exhibit an impressive level of United States Senate; ians as human shields, and for other pur- athleticism and sportsmanship, and have Whereas Joe Tydings served the United poses. SA 4059. Mr. MCCONNELL (for Mr. CORKER) won several national championships, includ- States Senate as the Chairman of the Com- proposed an amendment to the bill H.R. 3342, ing, within the past 40 years— mittee on the District of Columbia in the supra. (1) the Chicago Bears in 1986; 91st Congress; (2) the Chicago Bulls each year from— Whereas Joe Tydings authored legislation f (A) 1991 through 1993; and to make improvements to the Federal court TEXT OF AMENDMENTS (B) 1996 through 1998; system, many of which are still in place as of (3) the Chicago White Sox in 2005; the date of adoption of this resolution; SA 4054. Mr. MCCONNELL (for Mr. (4) the Chicago Blackhawks in 2010, 2013, Whereas Joe Tydings was a progressive THUNE) proposed an amendment to the and 2015; and who championed the Voting Rights Act of bill S. 140, to amend the White Moun- (5) the Chicago Cubs in 2016; 1965 (52 U.S.C. 10301 et seq.) and the Fair tain Apache Tribe Water Rights Quan- Whereas, since its inception, Illinois has Housing Act (42 U.S.C. 3601 et seq.); welcomed with open arms visitors from tification Act of 2010 to clarify the use Whereas Joe Tydings demonstrated a duty of amounts in the WMAT Settlement every corner of the world, possessed an un- to public service by committing to protect derstanding of how diversity enriches the the civil rights of fellow citizens, safeguard Fund; as follows: fabric of our country, fostered people, pre- the environment and public health, and Strike all after the enacting clause and in- served land, and generated contributions reach across the aisle to find bipartisan solu- sert the following: that are imperative to the history of the tions to pressing national problems; SECTION 1. SHORT TITLE. United States; Whereas Joe Tydings was an avid and de- This Act may be cited as the ‘‘Frank LoBi- Whereas Illinois will be celebrating its bi- voted horseman who— ondo Coast Guard Authorization Act of centennial with the dedication of a new Bi- (1) authored the Horse Protection Act (15 2018’’. centennial Plaza that connects the home of U.S.C. 1821 et seq.), which penalizes the prac- SEC. 2. TABLE OF CONTENTS. President Lincoln to the State Capitol in tice of soring horses; and The table of contents of this Act is as fol- Springfield, as well as a commemorative (2) advocated for the implementation of lows: Route 66 motorcycle ride and fireworks that Act following a return to private life; Sec. 1. Short title. above the State Capitol on the eve of the oc- Whereas Joe Tydings continued to serve Sec. 2. Table of contents. casion; and his community in many different capacities, Whereas residents across Illinois have including as a member of— TITLE I—REORGANIZATION OF TITLE 14, hosted, and continue to host, celebrations, (1) the Board of Regents of the University UNITED STATES CODE from downstate Illinois up to the coast of of Maryland from 1974 to 1984; Sec. 101. Initial matter.

VerDate Sep 11 2014 07:14 Oct 12, 2018 Jkt 089060 PO 00000 Frm 00050 Fmt 4637 Sfmt 0655 E:\CR\FM\A11OC6.053 S11OCPT1 dlhill on DSK3GLQ082PROD with SENATE October 11, 2018 CONGRESSIONAL RECORD — SENATE S6827 Sec. 102. Subtitle I. Sec. 503. Engine cut-off switch require- Sec. 820. Great Lakes icebreaker acquisi- Sec. 103. Chapter 1. ments. tion. Sec. 104. Chapter 3. Sec. 504. Exception from survival craft re- Sec. 821. Polar icebreakers. Sec. 105. Chapter 5. quirements. Sec. 822. Strategic assets in the Arctic. Sec. 106. Chapter 7. Sec. 505. Safety standards. Sec. 823. Arctic planning criteria. Sec. 107. Chapter 9. Sec. 506. Fishing safety grants. Sec. 824. Vessel response plan audit. Sec. 108. Chapter 11. Sec. 507. Fishing, fish tender, and fish proc- Sec. 825. Waters deemed not navigable Sec. 109. Subtitle II. essing vessel certification. waters of the United States for Sec. 110. Chapter 19. Sec. 508. Deadline for compliance with alter- certain purposes. Sec. 111. Part II. nate safety compliance pro- Sec. 826. Documentation of recreational ves- Sec. 112. Chapter 21. gram. sels. Sec. 113. Chapter 23. Sec. 509. Termination of unsafe operations; Sec. 827. Equipment requirements; exemp- Sec. 114. Chapter 25. technical correction. tion from throwable personal Sec. 115. Part III. Sec. 510. Technical corrections: Licenses, flotation devices requirement. Sec. 116. Chapter 27. certificates of registry, and Sec. 828. Visual distress signals and alter- Sec. 117. Chapter 29. merchant mariner documents. native use. Sec. 829. Radar refresher training. Sec. 118. Subtitle III and chapter 37. Sec. 511. Clarification of logbook entries. Sec. 830. Commercial fishing vessel safety Sec. 119. Chapter 39. Sec. 512. Certificates of documentation for national communications plan. Sec. 120. Chapter 41. recreational vessels. Sec. 831. Atlantic Coast port access route Sec. 121. Subtitle IV and chapter 49. Sec. 513. Numbering for undocumented study recommendations. Sec. 122. Chapter 51. barges. Sec. 832. Drawbridges. Sec. 123. References. Sec. 514. Backup national timing system. Sec. 833. Waiver. Sec. 124. Rule of construction. Sec. 515. Scientific personnel. Sec. 834. Fire-retardant materials. TITLE II—AUTHORIZATIONS Sec. 516. Transparency. Sec. 835. Vessel waiver. Sec. 201. Amendments to title 14, United TITLE VI—ADVISORY COMMITTEES Sec. 836. Temporary limitations. Sec. 837. Transfer of Coast Guard property States Code, as amended by Sec. 601. National maritime transportation in Jupiter Island, Florida, for title I of this Act. advisory committees. inclusion in Hobe Sound Na- Sec. 202. Authorizations of appropriations. Sec. 602. Maritime Security Advisory Com- tional Wildlife Refuge. Sec. 203. Authorized levels of military mittees. Sec. 838. Emergency response. strength and training. TITLE VII—FEDERAL MARITIME Sec. 839. Drawbridges consultation. Sec. 204. Authorization of amounts for Fast COMMISSION Response Cutters. TITLE IX—VESSEL INCIDENTAL Sec. 701. Short title. DISCHARGE ACT Sec. 205. Authorization of amounts for Sec. 702. Authorization of appropriations. shoreside infrastructure. Sec. 901. Short title. Sec. 703. Reporting on impact of alliances on Sec. 902. Purposes; findings. Sec. 206. Authorization of amounts for air- competition. craft improvements. Sec. 903. Standards for discharges incidental Sec. 704. Definition of certain covered serv- to normal operation of vessels. TITLE III—COAST GUARD ices. TITLE X—HYDROGRAPHIC SERVICES Sec. 705. Reports filed with the Commission. Sec. 301. Amendments to title 14, United AND OTHER MATTERS States Code, as amended by Sec. 706. Public participation. title I of this Act. Sec. 707. Ocean transportation inter- Sec. 1001. Reauthorization of Hydrographic Sec. 302. Primary duties. mediaries. Services Improvement Act of Sec. 303. National Coast Guard Museum. Sec. 708. Common carriers. 1998. Sec. 1002. System for tracking and reporting Sec. 304. Unmanned aircraft. Sec. 709. Negotiations. all-inclusive cost of hydro- Sec. 305. Coast Guard health-care profes- Sec. 710. Injunctive relief sought by the graphic surveys. sionals; licensure portability. Commission. Sec. 1003. Homeport of certain research ves- Sec. 306. Training; emergency response pro- Sec. 711. Discussions. sels. viders. Sec. 712. Transparency. Sec. 307. Incentive contracts for Coast Sec. 713. Study of bankruptcy preparation TITLE I—REORGANIZATION OF TITLE 14, Guard yard and industrial es- and response. UNITED STATES CODE tablishments. Sec. 714. Agreements unaffected. SEC. 101. INITIAL MATTER. Sec. 308. Confidential investigative ex- TITLE VIII—MISCELLANEOUS Title 14, United States Code, is amended by penses. Sec. 801. Repeal of obsolete reporting re- striking the title designation, the title head- Sec. 309. Regular captains; retirement. quirement. ing, and the table of parts at the beginning Sec. 310. Conversion, alteration, and repair Sec. 802. Corrections to provisions enacted and inserting the following: projects. by Coast Guard Authorization ‘‘TITLE 14—COAST GUARD Sec. 311. Contracting for major acquisitions Acts. ‘‘Subtitle Sec. programs. Sec. 803. Officer evaluation report. ‘‘I. Establishment, Powers, Duties, Sec. 312. Officer promotion zones. Sec. 804. Extension of authority. and Administration ...... 101 Sec. 313. Cross reference. Sec. 805. Coast Guard ROTC program. ‘‘II. Personnel ...... 1901 Sec. 314. Commissioned service retirement. Sec. 806. Currency detection canine team ‘‘III. Coast Guard Reserve and Auxil- Sec. 315. Leave for birth or adoption of program. iary ...... 3701 child. Sec. 807. Center of expertise for Great Lakes ‘‘IV. Coast Guard Authorizations and Sec. 316. Clothing at time of discharge. oil spill search and response. Reports to Congress ...... 4901’’. Sec. 317. Unfunded priorities list. Sec. 808. Public safety answering points and SEC. 102. SUBTITLE I. Sec. 318. Safety of vessels of the Armed maritime search and rescue co- Part I of title 14, United States Code, is Forces. ordination. amended by striking the part designation, Sec. 319. Air facilities. Sec. 809. Ship shoal lighthouse transfer: re- the part heading, and the table of chapters TITLE IV—PORTS AND WATERWAYS peal. at the beginning and inserting the following: Sec. 810. Land exchange, Ayakulik Island, SAFETY ‘‘Subtitle I—Establishment, Powers, Duties, Alaska. Sec. 401. Codification of Ports and Water- and Administration ways Safety Act. Sec. 811. Use of Tract 43. Sec. 812. Coast Guard maritime domain ‘‘Chap. Sec. Sec. 402. Conforming amendments. ‘‘1. Establishment and Duties ...... 101 Sec. 403. Transitional and savings provi- awareness. Sec. 813. Monitoring. ‘‘3. Composition and Organization ..... 301 sions. Sec. 814. Reimbursements for non-Federal ‘‘5. Functions and Powers ...... 501 Sec. 404. Rule of construction...... construction costs of certain ‘‘7. Cooperation 701 Sec. 405. Advisory committee: repeal. ‘‘9. Administration ...... 901 aids to navigation. Sec. 406. Regattas and marine parades. ‘‘11. Acquisitions ...... 1101’’. Sec. 815. Towing safety management system Sec. 407. Regulation of vessels in territorial fees. SEC. 103. CHAPTER 1. waters of United States. Sec. 816. Oil spill disbursements auditing (a) INITIAL MATTER.—Chapter 1 of title 14, Sec. 408. Port, harbor, and coastal facility and report. United States Code, is amended by striking security. Sec. 817. Fleet requirements assessment and the chapter designation, the chapter head- TITLE V—MARITIME TRANSPORTATION strategy. ing, and the table of sections at the begin- SAFETY Sec. 818. National Security Cutter. ning and inserting the following: Sec. 501. Consistency in marine inspections. Sec. 819. Acquisition plan for inland water- ‘‘CHAPTER 1—ESTABLISHMENT AND Sec. 502. Uninspected passenger vessels in way and river tenders and bay- DUTIES St. Louis County, Minnesota. class icebreakers. ‘‘Sec.

VerDate Sep 11 2014 06:11 Oct 12, 2018 Jkt 089060 PO 00000 Frm 00051 Fmt 4637 Sfmt 0655 E:\CR\FM\A11OC6.056 S11OCPT1 dlhill on DSK3GLQ082PROD with SENATE S6828 CONGRESSIONAL RECORD — SENATE October 11, 2018 ‘‘101. Establishment of Coast Guard. table of sections for chapter 3 of such title ‘‘§ 318. Environmental Compliance and Res- ‘‘102. Primary duties. (as added by subsection (a)), in the order in toration Program ‘‘103. Department in which the Coast Guard which the sections are presented in the ‘‘(a) DEFINITIONS.—For the purposes of this operates. table. section— ‘‘104. Removing restrictions. (2) TABLE.—The table referred to in para- ‘‘(1) ‘environment’, ‘facility’, ‘person’, ‘re- ‘‘105. Secretary defined. graph (1) is the following: lease’, ‘removal’, ‘remedial’, and ‘response’ ‘‘106. Commandant defined.’’. have the same meaning they have in section (b) REDESIGNATIONS AND TRANSFERS.— Title 14 Title 14 101 of the Comprehensive Environmental Re- (1) REQUIREMENT.—The sections of title 14, sponse, Compensation, and Liability Act (42 United States Code, identified in the table section Section heading section number (provided for iden- number U.S.C. 9601); provided in paragraph (2) are amended— before re- tification purposes after re- ‘‘(2) ‘hazardous substance’ has the same (A) by redesignating the sections as de- designa- only-not amended) designa- meaning it has in section 101 of the Com- scribed in the table; and tion tion prehensive Environmental Response, Com- (B) by transferring the sections, as nec- pensation, and Liability Act (42 U.S.C. 9601), essary, so that the sections appear after the 41 Grades and ratings 301 except that it also includes the meaning table of sections for chapter 1 of such title given ‘oil’ in section 311 of the Federal Water (as added by subsection (a)), in the order in 44 Commandant; ap- Pollution Control Act (33 U.S.C. 1321); and which the sections are presented in the pointment 302 ‘‘(3) ‘pollutant’ has the same meaning it table. has in section 502 of the Federal Water Pollu- (2) TABLE.—The table referred to in para- 46 Retirement of Com- tion Control Act (33 U.S.C. 1362). graph (1) is the following: mandant or Vice ‘‘(b) PROGRAM.— Commandant 303 ‘‘(1) The Secretary shall carry out a pro- Title 14 Title 14 gram of environmental compliance and res- section Section heading section 47 Vice Commandant; toration at current and former Coast Guard number (provided for iden- number appointment 304 facilities. before re- tification purposes after re- ‘‘(2) Program goals include: designa- only-not amended) designa- 50 Vice admirals 305 ‘‘(A) Identifying, investigating, and clean- tion tion ing up contamination from hazardous substances and pollutants. 1 Establishment of 51 Retirement 306 ‘‘(B) Correcting other environmental dam- Coast Guard 101 52 Vice admirals and age that poses an imminent and substantial danger to the public health or welfare or to 2 Primary duties 102 admiral, continuity of grade 307 the environment. ‘‘(C) Demolishing and removing unsafe 3 Department in buildings and structures, including buildings which the Coast 56 Chief Acquisition and structures at former Coast Guard facili- Guard operates 103 Officer 308 ties. ‘‘(D) Preventing contamination from haz- 652 Removing restric- 53 Office of the Coast ardous substances and pollutants at current tions 104 Guard Reserve; Di- rector 309 Coast Guard facilities. ‘‘(3)(A) The Secretary shall respond to re- 4 Secretary defined 105 54 Chief of Staff to leases of hazardous substances and pollutants— 5 Commandant de- President: appoint- ‘‘(i) at each Coast Guard facility the fined 106 ment 310 United States owns, leases, or otherwise pos- sesses; SEC. 104. CHAPTER 3. 57 Prevention and re- ‘‘(ii) at each Coast Guard facility the (a) INITIAL MATTER.—Chapter 3 of title 14, sponse workforces 312 United States owned, leased, or otherwise United States Code, is amended by striking possessed when the actions leading to con- the chapter designation, the chapter head- 58 Centers of expertise tamination from hazardous substances or ing, and the table of sections at the begin- for Coast Guard pollutants occurred; and ning and inserting the following: prevention and re- ‘‘(iii) on each vessel the Coast Guard owns sponse 313 ‘‘CHAPTER 3—COMPOSITION AND or operates. ORGANIZATION ‘‘(B) Subparagraph (A) of this paragraph ‘‘Sec. 59 Marine industry does not apply to a removal or remedial ac- ‘‘301. Grades and ratings. training program 314 tion when a potentially responsible person ‘‘302. Commandant; appointment. responds under section 122 of the Comprehen- ‘‘303. Retirement of Commandant or Vice 60 Training course on sive Environmental Response, Compensa- Commandant. workings of Con- tion, and Liability Act (42 U.S.C. 9622). ‘‘304. Vice Commandant; appointment. gress 315 ‘‘(C) The Secretary shall pay a fee or ‘‘305. Vice admirals. charge imposed by a State authority for per- ‘‘306. Retirement. 98 National Coast mit services for disposing of hazardous sub- ‘‘307. Vice admirals and admiral, continuity Guard Museum 316 stances or pollutants from Coast Guard fa- of grade. cilities to the same extent that nongovern- ‘‘308. Chief Acquisition Officer. 336 United States mental entities are required to pay for per- ‘‘309. Office of the Coast Guard Reserve; Di- Coast Guard Band; mit services. This subparagraph does not rector. composition; direc- apply to a payment that is the responsibility ‘‘310. Chief of Staff to President: appoint- tor 317 of a lessee, contractor, or other private per- ment. ‘‘311. Captains of the port. son. ‘‘312. Prevention and response workforces. (c) ADDITIONAL CHANGES.— ‘‘(4) The Secretary may agree with another ‘‘313. Centers of expertise for Coast Guard (1) IN GENERAL.—Chapter 3 of title 14, Federal agency for that agency to assist in prevention and response. United States Code, is further amended— carrying out the Secretary’s responsibilities ‘‘314. Marine industry training program. (A) by inserting after section 310 (as so re- under this section. The Secretary may enter ‘‘315. Training course on workings of Con- designated and transferred under subsection into contracts, cooperative agreements, and gress. (b)) the following: grant agreements with State and local gov- ‘‘316. National Coast Guard Museum. ernments to assist in carrying out the Sec- ‘‘317. United States Coast Guard Band; com- ‘‘§ 311. Captains of the port retary’s responsibilities under this section. position; director. Services that may be obtained under this ‘‘318. Environmental Compliance and Res- ‘‘Any officer, including any petty officer, paragraph include identifying, investigating, toration Program.’’. may be designated by the Commandant as and cleaning up off-site contamination that (b) REDESIGNATIONS AND TRANSFERS.— captain of the port or ports or adjacent high may have resulted from the release of a haz- (1) REQUIREMENT.—The sections of title 14, seas or waters over which the United States ardous substance or pollutant at a Coast United States Code, identified in the table has jurisdiction, as the Commandant deems Guard facility. provided in paragraph (2) are amended— necessary to facilitate execution of Coast ‘‘(5) Section 119 of the Comprehensive En- (A) by redesignating the sections as de- Guard duties.’’; and vironmental Response, Compensation, and scribed in the table; and (B) by inserting after section 317 (as so re- Liability Act (42 U.S.C. 9619) applies to re- (B) by transferring the sections, as nec- designated and transferred under subsection sponse action contractors that carry out re- essary, so that the sections appear after the (b)) the following: sponse actions under this section. The Coast

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Guard shall indemnify response action con- ‘‘545. Marking of obstructions. Title 14 Title 14 tractors to the extent that adequate insur- ‘‘546. Deposit of damage payments. section Section heading section ance is not generally available at a fair price ‘‘547. Rewards for apprehension of persons number (provided for iden- number at the time the contractor enters into the interfering with aids to naviga- before re- tification purposes after re- designa- only-not amended) designa- contract to cover the contractor’s reason- tion. able, potential, long-term liability. tion tion ‘‘(c) AMOUNTS RECOVERED FOR RESPONSE ‘‘SUBCHAPTER IV—MISCELLANEOUS 83 Unauthorized aids ACTIONS.— ‘‘561. Icebreaking in polar regions. to maritime navi- ‘‘(1) All sums appropriated to carry out the ‘‘562. Appeals and waivers. gation; penalty 542 Coast Guard’s environmental compliance ‘‘563. Notification of certain determina- and restoration functions under this section tions.’’. or another law shall be credited or trans- 84 Interference with (b) REDESIGNATIONS AND TRANSFERS.— ferred to an appropriate Coast Guard ac- aids to navigation; (1) REQUIREMENT.—The sections of title 14, penalty 543 count, as determined by the Commandant United States Code, identified in the table and remain available until expended. provided in paragraph (2) are amended— 85 Aids to maritime ‘‘(2) Funds may be obligated or expended (A) by redesignating the sections as de- navigation; penalty 544 from such account to carry out the Coast scribed in the table; and Guard’s environmental compliance and res- (B) by transferring the sections, as nec- 86 Marking of obstruc- toration functions under this section or an- essary, so that the sections appear after the tions 545 other law. table of sections for chapter 5 of such title ‘‘(3) In proposing the budget for any fiscal (as added by subsection (a)), in the order in 642 Deposit of damage year under section 1105 of title 31, the Presi- which the sections are presented in the payments 546 dent shall set forth separately the amount table. requested for the Coast Guard’s environ- (2) TABLE.—The table referred to in para- 643 Rewards for appre- mental compliance and restoration activities graph (1) is the following: hension of persons under this section or another law. interfering with ‘‘(4) Amounts recovered under section 107 aids to navigation 547 of the Comprehensive Environmental Re- Title 14 Title 14 sponse, Compensation, and Liability Act (42 section Section heading section number (provided for iden- number 87 Icebreaking in U.S.C. 9607) for the Secretary’s response ac- before re- tification purposes after re- polar regions 561 tions at current and former Coast Guard fa- designa- only-not amended) designa- cilities shall be credited to an appropriate tion tion 101 Appeals and waiv- Coast Guard account, as determined by the ers 562 Commandant. 92 Secretary; general ‘‘(d) ANNUAL LIST OF PROJECTS TO CON- powers 501 103 Notification of cer- GRESS.—The Commandant shall submit to tain determina- the Committee on Transportation and Infra- 631 Delegation of pow- tions 563 structure of the House of Representatives ers by the Sec- and the Committee on Commerce, Science, retary 502 (c) ADDITIONAL CHANGES.—Chapter 5 of and Transportation of the Senate a title 14, United States Code, is further prioritized list of projects eligible for envi- 633 Regulations 503 amended— ronmental compliance and restoration fund- (1) by inserting before section 501 (as so re- 93 Commandant; gen- ing for each fiscal year concurrent with the designated and transferred under subsection eral powers 504 President’s budget submission for that fiscal (b)) the following: year.’’. ‘‘SUBCHAPTER I—GENERAL POWERS’’; (2) CONFORMING REPEALS.—Sections 634, 690, 632 Functions and pow- 691, 692, and 693 of title 14, United States ers vested in the (2) by inserting before section 521 (as so re- Code, are repealed. Commandant 505 designated and transferred under subsection SEC. 105. CHAPTER 5. (b)) the following: (a) INITIAL MATTER.—Chapter 5 of title 14, 520 Prospective pay- ‘‘SUBCHAPTER II—LIFE SAVING AND United States Code, is amended by striking ment of funds nec- LAW ENFORCEMENT AUTHORITIES’’; essary to provide the chapter designation, the chapter head- (3) by inserting before section 541 (as so re- medical care 506 ing, and the table of sections at the begin- designated and transferred under subsection ning and inserting the following: (b)) the following: 153 Appointment of ‘‘CHAPTER 5—FUNCTIONS AND POWERS judges 507 ‘‘SUBCHAPTER III—AIDS TO ‘‘SUBCHAPTER I—GENERAL POWERS NAVIGATION’’; ‘‘Sec. 88 Saving life and and ‘‘501. Secretary; general powers. property 521 (4) by inserting before section 561 (as so re- ‘‘502. Delegation of powers by the Secretary. designated and transferred under subsection ‘‘503. Regulations. 89 Law enforcement 522 (b)) the following: ‘‘504. Commandant; general powers. ‘‘SUBCHAPTER IV—MISCELLANEOUS’’. ‘‘505. Functions and powers vested in the 99 Enforcement au- SEC. 106. CHAPTER 7. Commandant. thority 523 (a) INITIAL MATTER.—Chapter 7 of title 14, ‘‘506. Prospective payment of funds necessary United States Code, is amended by striking to provide medical care. 100 Enforcement of ‘‘507. Appointment of judges. coastwise trade the chapter designation, the chapter head- laws 524 ing, and the table of sections at the begin- ‘‘SUBCHAPTER II—LIFE SAVING AND LAW ning and inserting the following: ENFORCEMENT AUTHORITIES 95 Special agents of ‘‘CHAPTER 7—COOPERATION ‘‘521. Saving life and property. the Coast Guard In- ‘‘Sec. ‘‘522. Law enforcement. vestigative Service ‘‘523. Enforcement authority. ‘‘701. Cooperation with other agencies, law enforcement ‘‘524. Enforcement of coastwise trade laws. States, territories, and political authority 525 ‘‘525. Special agents of the Coast Guard In- subdivisions. vestigative Service law enforce- ‘‘702. State Department. 637 Stopping vessels; ‘‘703. Treasury Department. ment authority. indemnity for fir- ‘‘704. Department of the Army and Depart- ‘‘526. Stopping vessels; indemnity for firing ing at or into vessel 526 ment of the Air Force. at or into vessel. ‘‘705. Navy Department. ‘‘527. Safety of naval vessels. 91 Safety of naval ves- ‘‘706. United States Postal Service. ‘‘528. Protecting against unmanned aircraft. sels 527 ‘‘707. Department of Commerce. ‘‘SUBCHAPTER III—AIDS TO NAVIGATION ‘‘708. Department of Health and Human Serv- ‘‘541. Aids to navigation authorized. 104 Protecting against ices. ‘‘542. Unauthorized aids to maritime naviga- unmanned aircraft 528 ‘‘709. Maritime instruction. tion; penalty. ‘‘710. Assistance to foreign governments and ‘‘543. Interference with aids to navigation; 81 Aids to navigation maritime authorities. penalty. authorized 541 ‘‘711. Coast Guard officers as attache´s to mis- ‘‘544. Aids to maritime navigation; penalty. sions.

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‘‘712. Contracts with Government-owned es- Title 14 Title 14 (A) by redesignating the sections as de- tablishments for work and ma- section Section heading section scribed in the table; and terial. number (provided for iden- number (B) by transferring the sections, as nec- ‘‘713. Nonappropriated fund instrumental- before re- tification purposes after re- essary, so that the sections appear after the ities: contracts with other designa- only-not amended) designa- table of sections for chapter 9 of such title agencies and instrumentalities tion tion (as added by subsection (a)), in the order in to provide or obtain goods and which the sections are presented in the 154 Arctic maritime services. table. domain awareness 714 ‘‘714. Arctic maritime domain awareness. (2) TABLE.—The table referred to in paragraph (1) is the following: ‘‘715. Oceanographic research. 94 Oceanographic re- ‘‘716. Arctic maritime transportation. search 715 ‘‘717. Agreements.’’. Title 14 Title 14 (b) REDESIGNATIONS AND TRANSFERS.— 90 Arctic maritime section Section heading section (1) REQUIREMENT.—The sections of title 14, transportation 716 number (provided for iden- number United States Code, identified in the table before re- tification purposes after re- provided in paragraph (2) are amended— designa- only-not amended) designa- 102 Agreements 717 tion tion (A) by redesignating the sections as described in the table; and SEC. 107. CHAPTER 9. 641 Disposal of certain (B) by transferring the sections, as nec- (a) INITIAL MATTER.—Chapter 9 of title 14, material 901 essary, so that the sections appear after the United States Code, is amended by striking table of sections for chapter 7 of such title the chapter designation, the chapter head- 653 Employment of (as added by subsection (a)), in the order in ing, and the table of sections at the begin- draftsmen and engi- which the sections are presented in the ning and inserting the following: neers 902 table. ‘‘CHAPTER 9—ADMINISTRATION (2) TABLE.—The table referred to in para- 656 Use of certain ap- graph (1) is the following: ‘‘SUBCHAPTER I—REAL AND PERSONAL PROPERTY propriated funds 903 ‘‘Sec. Title 14 Title 14 666 Local hire 904 section Section heading section ‘‘901. Disposal of certain material. ‘‘902. Employment of draftsmen and engi- number (provided for iden- number 670 Procurement au- before re- tification purposes after re- neers. designa- only-not amended) designa- ‘‘903. Use of certain appropriated funds. thority for family tion tion ‘‘904. Local hire. housing 905 ‘‘905. Procurement authority for family 141 Cooperation with housing. 671 Air Station Cape other agencies, ‘‘906. Air Station Cape Cod Improvements. Cod Improvements 906 States, territories, ‘‘907. Long-term lease of special purpose fa- and political sub- cilities. 672 Long-term lease of divisions 701 ‘‘908. Long-term lease authority for light- special purpose fa- house property. cilities 907 142 State Department 702 ‘‘909. Small boat station rescue capability. ‘‘910. Small boat station closures. 672a Long-term lease 143 Treasury Depart- ‘‘911. Search and rescue center standards. authority for light- ment 703 ‘‘912. Air facility closures. house property 908 ‘‘913. Turnkey selection procedures. 144 Department of the ‘‘914. Disposition of infrastructure related to 674 Small boat station Army and Depart- E–LORAN. rescue capability 909 ment of the Air ‘‘SUBCHAPTER II—MISCELLANEOUS 675 Small boat station Force 704 ‘‘931. Oaths required for boards. closures 910 ‘‘932. Administration of oaths. 145 Navy Department 705 ‘‘933. Coast Guard ensigns and pennants. ‘‘934. Penalty for unauthorized use of words 676 Search and rescue 146 United States Post- ‘Coast Guard’. center standards 911 al Service 706 ‘‘935. Coast Guard band recordings for commercial sale. 676a Air facility clo- 147 Department of ‘‘936. Confidentiality of medical quality as- sures 912 Commerce 707 surance records; qualified immunity for participants. 677 Turnkey selection 147a Department of ‘‘937. Admiralty claims against the United procedures 913 Health and Human States. Services 708 ‘‘938. Claims for damage to property of the 681 Disposition of in- United States. frastructure related 148 Maritime instruc- ‘‘939. Accounting for industrial work. to E–LORAN 914 tion 709 ‘‘940. Supplies and equipment from stock. ‘‘941. Coast Guard Supply Fund. 635 Oaths required for 149 Assistance to for- ‘‘942. Public and commercial vessels and boards 931 eign governments other watercraft; sale of fuel, and maritime au- supplies, and services. 636 Administration of thorities 710 ‘‘943. Arms and ammunition; immunity from oaths 932 taxation. 150 Coast Guard offi- ‘‘944. Confidential investigative expenses. 638 Coast Guard en- cers as attache´s to ‘‘945. Assistance to film producers. signs and pennants 933 missions 711 ‘‘946. User fees. ‘‘947. Vessel construction bonding require- 639 Penalty for unau- 151 Contracts with ments. thorized use of Government-owned ‘‘948. Contracts for medical care for retirees, words ‘‘Coast establishments for dependents, and survivors: al- Guard’’ 934 work and material 712 ternative delivery of health care. 640 Coast Guard band 152 Nonappropriated ‘‘949. Telephone installation and charges. recordings for com- fund instrumental- ‘‘950. Designation, powers, and account- mercial sale 935 ities: contracts ability of deputy disbursing of- with other agencies ficials. 645 Confidentiality of and instrumental- ‘‘951. Aircraft accident investigations.’’. medical quality as- ities to provide or (b) REDESIGNATIONS AND TRANSFERS.— surance records; obtain goods and (1) REQUIREMENT.—The sections of title 14, qualified immunity services 713 United States Code, identified in the table for participants 936 provided in paragraph (2) are amended—

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Title 14 Title 14 ‘‘1102. Improvements in Coast Guard acquisi- Title 14 Title 14 section Section heading section tion management. section Section heading section number (provided for iden- number ‘‘1103. Role of Vice Commandant in major ac- number (provided for iden- number before re- tification purposes after re- quisition programs. before re- tification purposes after re- designa- only-not amended) designa- ‘‘1104. Recognition of Coast Guard personnel designa- only-not amended) designation tion for excellence in acquisition. tion tion ‘‘1105. Prohibition on use of lead systems in- 646 Admiralty claims tegrators. 567 Undefinitized con- against the United ‘‘1106. Required contract terms. tractual actions 1109 States 937 ‘‘1107. Extension of major acquisition program contracts. 569 Mission need state- 647 Claims for damage ‘‘1108. Department of Defense consultation. ment 1110 to property of the ‘‘1109. Undefinitized contractual actions. ‘‘1110. Mission need statement. United States 938 571 Identification of ‘‘SUBCHAPTER II—IMPROVED ACQUISITION major system ac- 648 Accounting for in- PROCESS AND PROCEDURES quisitions 1131 dustrial work 939 ‘‘1131. Identification of major system acquisitions. 572 Acquisition 1132 649 Supplies and equip- ‘‘1132. Acquisition. ment from stock 940 ‘‘1133. Preliminary development and dem- 573 Preliminary devel- onstration. opment and dem- ‘‘1134. Acquisition, production, deployment, 650 Coast Guard Supply onstration 1133 Fund 941 and support. ‘‘1135. Acquisition program baseline breach. ‘‘1136. Acquisition approval authority. 574 Acquisition, pro- 654 Public and com- duction, deploy- ‘‘SUBCHAPTER III—PROCUREMENT mercial vessels and ment, and support 1134 other watercraft; ‘‘1151. Restriction on construction of vessels in foreign shipyards. sale of fuel, sup- 575 Acquisition pro- plies, and services 942 ‘‘1152. Advance procurement funding. ‘‘1153. Prohibition on overhaul, repair, and gram baseline breach 1135 655 Arms and ammuni- maintenance of Coast Guard tion; immunity vessels in foreign shipyards. 576 Acquisition ap- from taxation 943 ‘‘1154. Procurement of buoy chain. ‘‘1155. Contract termination. proval authority 1136 658 Confidential inves- ‘‘SUBCHAPTER IV—DEFINITIONS 665 Restriction on con- tigative expenses 944 ‘‘1171. Definitions.’’. (b) REDESIGNATIONS AND TRANSFERS.— struction of vessels 659 Assistance to film (1) REQUIREMENT.—The sections of title 14, in foreign shipyards 1151 producers 945 United States Code, identified in the table provided in paragraph (2) are amended— 577 Advance procure- 664 User fees 946 (A) by redesignating the sections as de- ment funding 1152 scribed in the table; and 667 Vessel construction (B) by transferring the sections, as nec- 96 Prohibition on bonding require- essary, so that the sections appear after the overhaul, repair, ments 947 table of sections for chapter 11 of such title and maintenance of (as added by subsection (a)), in the order in Coast Guard vessels 668 Contracts for med- which the sections are presented in the in foreign shipyards 1153 ical care for retir- table. ees, dependents, (2) TABLE.—The table referred to in para- 97 Procurement of and survivors: al- graph (1) is the following: buoy chain 1154 ternative delivery of health care 948 657 Contract termi- Title 14 Title 14 nation 1155 section Section heading section 669 Telephone installa- number (provided for iden- number tion and charges 949 before re- tification purposes after re- 581 Definitions 1171 designa- only-not amended) designa- 673 Designation, pow- tion tion (c) ADDITIONAL CHANGES.—Chapter 11 of ers, and account- title 14, United States Code, is further ability of deputy 561 Acquisition direc- amended— disbursing officials 950 torate 1101 (1) by striking all subdivision designations 678 Aircraft accident 562 Improvements in and headings in such chapter, except for— investigations 951 Coast Guard acqui- (A) the chapter designation and heading sition management 1102 added by subsection (a); (B) the subchapter designations and head- (c) ADDITIONAL CHANGES.—Chapter 9 of ings added by this subsection; and title 14, United States Code, is further 578 Role of Vice Com- (C) any designation or heading of a section amended— mandant in major or a subdivision of a section; (1) by inserting before section 901 (as so re- acquisition pro- (2) by inserting before section 1101 (as so designated and transferred under subsection grams 1103 redesignated and transferred under sub- (b)) the following: 563 Recognition of section (b)) the following: ‘‘SUBCHAPTER I—REAL AND PERSONAL Coast Guard per- PROPERTY’’; sonnel for excel- ‘‘SUBCHAPTER I—GENERAL and lence in acquisition 1104 PROVISIONS’’; (2) by inserting before section 931 (as so re- (3) by inserting before section 1131 (as so designated and transferred under subsection 564 Prohibition on use redesignated and transferred under sub- (b)) the following: of lead systems in- section (b)) the following: ‘‘SUBCHAPTER II—MISCELLANEOUS’’. tegrators 1105 ‘‘SUBCHAPTER II—IMPROVED ACQUISI- SEC. 108. CHAPTER 11. 565 Required contract TION PROCESS AND PROCEDURES’’; (a) INITIAL MATTER.—Chapter 11 of title 14, (4) by inserting before section 1151 (as so United States Code, is amended by striking terms 1106 redesignated and transferred under sub- the chapter designation, the chapter head- 579 Extension of major section (b)) the following: ing, and the table of sections at the begin- acquisition pro- ning and inserting the following: gram contracts 1107 ‘‘SUBCHAPTER III—PROCUREMENT’’; ‘‘CHAPTER 11—ACQUISITIONS and ‘‘SUBCHAPTER I—GENERAL PROVISIONS 566 Department of De- (5) by inserting before section 1171 (as so ‘‘Sec. fense consultation 1108 redesignated and transferred under sub- ‘‘1101. Acquisition directorate. section (b)) the following:

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‘‘SUBCHAPTER IV—DEFINITIONS’’. ‘‘1944. Grade of permanent commissioned Title 14 Title 14 SEC. 109. SUBTITLE II. teaching staff. section Section heading section ‘‘1945. Retirement of permanent commis- (a) INITIAL MATTER.—Title 14, United number (provided for iden- number States Code, is further amended by inserting sioned teaching staff. before re- tification purposes after re- ‘‘1946. Credit for service as member of civil- designa- only-not amended) designa- after chapter 11 (as amended by section 108) ian teaching staff. tion tion the following: ‘‘1947. Assignment of personnel as instruc- ‘‘Subtitle II—Personnel tors. 191 Credit for service ‘‘Chap. Sec. ‘‘1948. Marine safety curriculum.’’. as member of civil- ‘‘19. Coast Guard Academy ...... 1901 (b) REDESIGNATIONS AND TRANSFERS.— ian teaching staff 1946 ‘‘21. Personnel; Officers ...... 2101 (1) REQUIREMENT.—The sections of title 14, ‘‘23. Personnel; Enlisted ...... 2301 United States Code, identified in the table 192 Assignment of per- ‘‘25. Personnel; General Provisions ... 2501 provided in paragraph (2) are amended— sonnel as instruc- ‘‘27. Pay, Allowances, Awards, and (A) by redesignating the sections as de- tors 1947 Other Rights and Benefits ...... 2701 scribed in the table; and ‘‘29. Coast Guard Family Support, (B) by transferring the sections, as nec- 199 Marine safety cur- Child Care, and Housing ...... 2901’’. essary, so that the sections appear after the riculum 1948 (b) RESERVED CHAPTER NUMBERS.— table of sections for chapter 19 of such title (1) CHAPTER 13.—Chapter 13 of title 14, (as added by subsection (a)), in the order in (c) ADDITIONAL CHANGES.— United States Code, is amended by striking which the sections are presented in the (1) IN GENERAL.—Chapter 19 of title 14, the chapter designation, the chapter head- table. United States Code, is further amended— ing, and the table of sections at the begin- (2) TABLE.—The table referred to in para- (A) by inserting before section 1901 (as so ning. graph (1) is the following: redesignated and transferred under sub- (2) CHAPTER 14.—Chapter 14 of title 14, section (b)) the following: United States Code, is amended— Title 14 Title 14 ‘‘SUBCHAPTER I—ADMINISTRATION’’; (A) by striking the chapter designation, section Section heading section (B) by inserting before section 1923 (as so the chapter heading, and the table of sec- number (provided for iden- number redesignated and transferred under sub- tions at the beginning; and before re- tification purposes after re- section (b)) the following: designa- only-not amended) designa- (B) by striking the subchapter designation ‘‘SUBCHAPTER II—CADETS and the subchapter heading for each of the tion tion ‘‘§ 1921. Corps of Cadets authorized strength subchapters of such chapter. 181 Administration of (3) CHAPTER 15.—Chapter 15 of title 14, ‘‘The number of cadets appointed annually Academy 1901 United States Code, is amended— to the Academy shall be as determined by the Secretary but the number appointed in (A) by striking the chapter designation, 200 Policy on sexual the chapter heading, and the table of sec- any one year shall not exceed six hundred. harassment and ‘‘§ 1922. Appointments tions at the beginning; and sexual violence 1902 (B) by striking the subchapter designation ‘‘Appointments to cadetships shall be made under regulations prescribed by the Sec- and the subchapter heading for each of the 194 Annual Board of retary, who shall determine age limits, subchapters of such chapter. Visitors 1903 (4) CHAPTER 17.—Chapter 17 of title 14, methods of selection of applicants, term of service as a cadet before graduation, and all United States Code, is amended by striking 196 Participation in other matters affecting such appointments. the chapter designation, the chapter head- Federal, State, or ing, and the table of sections at the begin- In the administration of this section, the other educational Secretary shall take such action as may be ning. research grants 1904 (5) CHAPTER 18.—Chapter 18 of title 14, necessary and appropriate to insure that female individuals shall be eligible for ap- United States Code, is amended by striking 195 Admission of for- the chapter designation, the chapter head- pointment and admission to the Coast Guard eign nationals for Academy, and that the relevant standards ing, and the table of sections at the begin- instruction; restric- ning. required for appointment, admission, train- tions; conditions 1923 ing, graduation, and commissioning of fe- SEC. 110. CHAPTER 19. male individuals shall be the same as those (a) INITIAL MATTER.—Chapter 19 of title 14, 181a Cadet applicants; required for male individuals, except for United States Code, is amended by striking preappointment those minimum essential adjustments in the chapter designation, the chapter head- travel to Academy 1926 such standards required because of physio- ing, and the table of sections at the begin- logical differences between male and female ning and inserting the following: 183 Cadets; initial individuals.’’; ‘‘CHAPTER 19—COAST GUARD ACADEMY clothing allowance 1927 (C) by inserting before section 1926 (as so ‘‘SUBCHAPTER I—ADMINISTRATION redesignated and transferred under sub- 184 Cadets; degree of section (b)) the following: ‘‘Sec. bachelor of science 1928 ‘‘1901. Administration of Academy. ‘‘§ 1924. Conduct ‘‘1902. Policy on sexual harassment and sex- 185 Cadets; appoint- ‘‘The Secretary may summarily dismiss ual violence. ment as ensign 1929 from the Coast Guard any cadet who, during ‘‘1903. Annual Board of Visitors. his cadetship, is found unsatisfactory in ei- ‘‘1904. Participation in Federal, State, or 197 Cadets: charges and ther studies or conduct, or may be deemed other educational research fees for attendance; not adapted for a career in the Coast Guard. grants. limitation 1930 Cadets shall be subject to rules governing discipline prescribed by the Commandant. ‘‘SUBCHAPTER II—CADETS 186 Civilian teaching ‘‘§ 1925. Agreement ‘‘1921. Corps of Cadets authorized strength. ‘‘(a) Each cadet shall sign an agreement ‘‘1922. Appointments. staff 1941 with respect to the cadet’s length of service ‘‘1923. Admission of foreign nationals for in- 187 Permanent com- in the Coast Guard. The agreement shall pro- struction; restrictions; condi- missioned teaching vide that the cadet agrees to the following: tions. staff; composition 1942 ‘‘(1) That the cadet will complete the ‘‘1924. Conduct. course of instruction at the Coast Guard ‘‘1925. Agreement. 188 Appointment of Academy. ‘‘1926. Cadet applicants; preappointment permanent commis- ‘‘(2) That upon graduation from the Coast travel to Academy. sioned teaching Guard Academy the cadet— ‘‘1927. Cadets; initial clothing allowance. staff 1943 ‘‘(A) will accept an appointment, if ten- ‘‘1928. Cadets; degree of bachelor of science. dered, as a commissioned officer of the Coast ‘‘1929. Cadets; appointment as ensign. 189 Grade of permanent Guard; and ‘‘1930. Cadets: charges and fees for attend- commissioned ‘‘(B) will serve on active duty for at least ance; limitation. teaching staff 1944 five years immediately after such appoint- ‘‘SUBCHAPTER III—FACULTY ment. ‘‘1941. Civilian teaching staff. 190 Retirement of per- ‘‘(3) That if an appointment described in ‘‘1942. Permanent commissioned teaching manent commis- paragraph (2) is not tendered or if the cadet staff; composition. sioned teaching is permitted to resign as a regular officer be- ‘‘1943. Appointment of permanent commis- staff 1945 fore the completion of the commissioned sioned teaching staff. service obligation of the cadet, the cadet—

VerDate Sep 11 2014 06:11 Oct 12, 2018 Jkt 089060 PO 00000 Frm 00056 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.056 S11OCPT1 dlhill on DSK3GLQ082PROD with SENATE October 11, 2018 CONGRESSIONAL RECORD — SENATE S6833 ‘‘(A) will accept an appointment as a com- ‘‘2102. Active duty promotion list. ‘‘2157. Flag officers. missioned officer in the Coast Guard Re- ‘‘2103. Number and distribution of commis- ‘‘2158. Review of records of officers. serve; and sioned officers on active duty ‘‘2159. Boards of inquiry. ‘‘(B) will remain in that reserve component promotion list. ‘‘2160. Boards of review. until completion of the commissioned serv- ‘‘2104. Appointment of temporary officers. ‘‘2161. Composition of boards. ice obligation of the cadet. ‘‘2105. Rank of warrant officers. ‘‘2162. Rights and procedures. ‘‘(b)(1) The Secretary may transfer to the ‘‘2106. Selection boards; convening of boards. ‘‘2163. Removal of officer from active duty; Coast Guard Reserve, and may order to ac- ‘‘2107. Selection boards; composition of action by Secretary. tive duty for such period of time as the Sec- boards. ‘‘2164. Officers considered for removal; retire- retary prescribes (but not to exceed four ‘‘2108. Selection boards; notice of convening; ment or discharge; separation years), a cadet who breaches an agreement communication with board. benefits. under subsection (a). The period of time for ‘‘2109. Selection boards; oath of members. which a cadet is ordered to active duty under ‘‘2110. Number of officers to be selected for ‘‘2165. Relief of retired officer promoted this paragraph may be determined without promotion. while on active duty. regard to section 651(a) of title 10. ‘‘2111. Promotion zones. ‘‘SUBCHAPTER III—GENERAL PROVISIONS ‘‘(2) A cadet who is transferred to the Coast ‘‘2112. Promotion year; defined. ‘‘2181. Physical fitness of officers. Guard Reserve under paragraph (1) shall be ‘‘2113. Eligibility of officers for consideration ‘‘2182. Multirater assessment of certain per- transferred in an appropriate enlisted grade for promotion. sonnel.’’. or rating, as determined by the Secretary. ‘‘2114. United States Deputy Marshals in (b) REDESIGNATIONS AND TRANSFERS.— ‘‘(3) For the purposes of paragraph (1), a Alaska. (1) REQUIREMENT.—The sections of title 14, cadet shall be considered to have breached ‘‘2115. Selection boards; information to be United States Code, identified in the table an agreement under subsection (a) if the furnished boards. provided in paragraph (2) are amended— cadet is separated from the Coast Guard ‘‘2116. Officers to be recommended for pro- (A) by redesignating the sections as de- Academy under circumstances which the motion. scribed in the table; and Secretary determines constitute a breach by ‘‘2117. Selection boards; reports. (B) by transferring the sections, as nec- the cadet of the cadet’s agreement to com- ‘‘2118. Selection boards; submission of re- essary, so that the sections appear after the plete the course of instruction at the Coast ports. table of sections for chapter 21 of such title Guard Academy and accept an appointment ‘‘2119. Failure of selection for promotion. (as added by subsection (a)), in the order in as a commissioned officer upon graduation ‘‘2120. Special selection boards; correction of which the sections are presented in the from the Coast Guard Academy. errors. table. ‘‘(c) The Secretary shall prescribe regula- ‘‘2121. Promotions; appointments. (2) TABLE.—The table referred to in para- tions to carry out this section. Those regula- ‘‘2122. Removal of officer from list of select- graph (1) is the following: tions shall include— ees for promotion. ‘‘(1) standards for determining what con- ‘‘2123. Promotions; acceptance; oath of office. stitutes, for the purpose of subsection (b), a ‘‘2124. Promotions; pay and allowances. Title 14 Title 14 breach of an agreement under subsection (a); ‘‘2125. Wartime temporary service pro- section Section heading section ‘‘(2) procedures for determining whether number (provided for iden- number motions. before re- tification purposes after re- such a breach has occurred; and ‘‘2126. Promotion of officers not included on designa- only-not amended) designa- ‘‘(3) standards for determining the period active duty promotion list. tion tion of time for which a person may be ordered to ‘‘2127. Recall to active duty during war or na- serve on active duty under subsection (b). tional emergency. 211 Original appoint- ‘‘(d) In this section, ‘commissioned service ‘‘2128. Recall to active duty with consent of ment of permanent obligation’, with respect to an officer who is officer. commissioned offi- a graduate of the Academy, means the period ‘‘2129. Aviation cadets; appointment as Re- cers 2101 beginning on the date of the officer’s ap- serve officers. pointment as a commissioned officer and ‘‘SUBCHAPTER II—DISCHARGES; RETIREMENTS; 41a Active duty pro- ending on the sixth anniversary of such ap- REVOCATION OF COMMISSIONS; SEPARATION motion list 2102 pointment or, at the discretion of the Sec- FOR CAUSE retary, any later date up to the eighth anni- 42 Number and dis- ‘‘2141. Revocation of commissions during versary of such appointment. tribution of com- first five years of commissioned ‘‘(e)(1) This section does not apply to a missioned officers service. cadet who is not a citizen or national of the on active duty pro- ‘‘2142. Regular lieutenants (junior grade); United States. motion list 2103 ‘‘(2) In the case of a cadet who is a minor separation for failure of selection for promotion. and who has parents or a guardian, the cadet 214 Appointment of ‘‘2143. Regular lieutenants; separation for may sign the agreement required by sub- temporary officers 2104 section (a) only with the consent of the par- failure of selection for pro- ent or guardian. motion; continuation. 215 Rank of warrant of- ‘‘(f) A cadet or former cadet who does not ‘‘2144. Regular Coast Guard; officers serving ficers 2105 fulfill the terms of the obligation to serve as under temporary appointments. specified under section (a), or the alternative ‘‘2145. Regular lieutenant commanders and 251 Selection boards; obligation imposed under subsection (b), commanders; retirement for convening of boards 2106 shall be subject to the repayment provisions failure of selection for proof section 303a(e) of title 37.’’; and motion. 252 Selection boards; (D) by inserting before section 1941 (as so ‘‘2146. Discharge in lieu of retirement; sepa- composition of redesignated and transferred under sub- ration pay. boards 2107 section (b)) the following: ‘‘2147. Regular warrant officers: separation ‘‘SUBCHAPTER III—FACULTY’’. pay. 253 Selection boards; ‘‘2148. Separation for failure of selection for (2) CONFORMING REPEAL.—Section 182 of notice of con- promotion or continuation; title 14, United States Code, is repealed. vening; commu- time of. nication with board 2108 SEC. 111. PART II. ‘‘2149. Regular captains; retirement. Part II of title 14, United States Code, is ‘‘2150. Captains; continuation on active duty; amended by striking the part designation, 254 Selection boards; involuntary retirement. the part heading, and the table of chapters oath of members 2109 ‘‘2151. Rear admirals and rear admirals at the beginning. (lower half); continuation on 255 Number of officers SEC. 112. CHAPTER 21. active duty; involuntary retire- to be selected for (a) INITIAL MATTER.—Chapter 21 of title 14, ment. promotion 2110 United States Code, is amended by striking ‘‘2152. Voluntary retirement after twenty the chapter designation, the chapter head- years’ service. 256 Promotion zones 2111 ing, and the table of sections at the begin- ‘‘2153. Voluntary retirement after thirty ning and inserting the following: years’ service. 256a Promotion year; ‘‘CHAPTER 21—PERSONNEL; OFFICERS ‘‘2154. Compulsory retirement. defined 2112 ‘‘SUBCHAPTER I—APPOINTMENT AND ‘‘2155. Retirement for physical disability PROMOTION after selection for promotion; 257 Eligibility of offi- ‘‘Sec. grade in which retired. cers for consider- ‘‘2101. Original appointment of permanent ‘‘2156. Deferment of retirement or separation ation for promotion 2113 commissioned officers. for medical reasons.

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Title 14 Title 14 Title 14 Title 14 Title 14 Title 14 section Section heading section section Section heading section section Section heading section number (provided for iden- number number (provided for iden- number number (provided for iden- number before re- tification purposes after re- before re- tification purposes after re- before re- tification purposes after re- designa- only-not amended) designa- designa- only-not amended) designa- designa- only-not amended) designation tion tion tion tion tion

258 Selection boards; 285 Regular lieutenant 333 Relief of retired of- information to be commanders and ficer promoted furnished boards 2115 commanders; re- while on active tirement for failure duty 2165 259 Officers to be rec- of selection for pro- ommended for promotion 2145 335 Physical fitness of motion 2116 officers 2181 286 Discharge in lieu of 260 Selection boards; retirement; separa- 429 Multirater assess- reports 2117 tion pay 2146 ment of certain personnel 2182 261 Selection boards; 286a Regular warrant of- submission of re- ficers: separation (c) ADDITIONAL CHANGES.—Chapter 21 of ports 2118 pay 2147 title 14, United States Code, is further amended— 262 Failure of selection 287 Separation for fail- (1) by striking all subchapter designations for promotion 2119 ure of selection for and headings in such chapter, except for the promotion or con- subchapter designations and headings added 263 Special selection tinuation; time of 2148 by this subsection; boards; correction (2) by inserting before section 2101 (as so of errors 2120 288 Regular captains; redesignated and transferred under sub- retirement 2149 section (b)) the following: 271 Promotions; ap- ‘‘SUBCHAPTER I—APPOINTMENT AND pointments 2121 289 Captains; continu- PROMOTION’’; ation on active (3) by inserting before section 2115 (as so duty; involuntary 272 Removal of officer redesignated and transferred under sub- retirement 2150 from list of select- section (b)) the following: ees for promotion 2122 290 Rear admirals and ‘‘§ 2114. United States Deputy Marshals in Alaska 273 Promotions; ac- rear admirals ‘‘Commissioned officers may be appointed ceptance; oath of (lower half); con- as United States Deputy Marshals in Alas- office 2123 tinuation on active duty; involuntary ka.’’; (4) by inserting before section 2141 (as so 274 Promotions; pay retirement 2151 redesignated and transferred under sub- and allowances 2124 291 Voluntary retire- section (b)) the following: ment after twenty 275 Wartime temporary ‘‘SUBCHAPTER II—DISCHARGES; RETIRE- years’ service 2152 service promotions 2125 MENTS; REVOCATION OF COMMIS- SIONS; SEPARATION FOR CAUSE’’; 292 Voluntary retire- 276 Promotion of offi- and ment after thirty cers not included (5) by inserting before section 2181 (as so years’ service 2153 on active duty pro- redesignated and transferred under sub- motion list 2126 section (b)) the following: 293 Compulsory retirement 2154 ‘‘SUBCHAPTER III—GENERAL 331 Recall to active PROVISIONS’’. duty during war or 294 Retirement for SEC. 113. CHAPTER 23. national emergency 2127 physical disability (a) INITIAL MATTER.—Chapter 23 of title 14, after selection for United States Code, is amended by striking 332 Recall to active promotion; grade in the chapter designation, the chapter head- duty with consent which retired 2155 ing, and the table of sections at the begin- of officer 2128 ning and inserting the following: 295 Deferment of re- ‘‘CHAPTER 23—PERSONNEL; ENLISTED 373 Aviation cadets; tirement or separa- ‘‘Sec. appointment as Re- tion for medical serve officers 2129 ‘‘2301. Recruiting campaigns. reasons 2156 ‘‘2302. Enlistments; term, grade. ‘‘2303. Promotion. 281 Revocation of com- 296 Flag officers 2157 ‘‘2304. Compulsory retirement at age of missions during sixty-two. first five years of 321 Review of records ‘‘2305. Voluntary retirement after thirty commissioned serv- of officers 2158 years’ service. ice 2141 ‘‘2306. Voluntary retirement after twenty 322 Boards of inquiry 2159 years’ service. 282 Regular lieutenants ‘‘2307. Retirement of enlisted members: in- (junior grade); sep- 323 Boards of review 2160 crease in retired pay. aration for failure ‘‘2308. Recall to active duty during war or na- of selection for pro- 324 Composition of tional emergency. motion 2142 boards 2161 ‘‘2309. Recall to active duty with consent of member. 283 Regular lieuten- 325 Rights and proce- ‘‘2310. Relief of retired enlisted member pro- ants; separation for dures 2162 moted while on active duty. failure of selection ‘‘2311. Retirement in cases where higher for promotion; con- 326 Removal of officer grade or rating has been held. tinuation 2143 from active duty; ‘‘2312. Extension of enlistments. action by Secretary 2163 ‘‘2313. Retention beyond term of enlistment 284 Regular Coast in case of disability. Guard; officers 327 Officers considered ‘‘2314. Detention beyond term of enlistment. serving under tem- for removal; retire- ‘‘2315. Inclusion of certain conditions in en- porary appointment or discharge; listment contract. ments 2144 separation benefits 2164 ‘‘2316. Discharge within three months before expiration of enlistment.

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‘‘2317. Aviation cadets; procurement; trans- Title 14 Title 14 Title 14 Title 14 fer. section Section heading section section Section heading section ‘‘2318. Aviation cadets; benefits. number (provided for iden- number number (provided for iden- number ‘‘2319. Critical skill training bonus.’’. before re- tification purposes after re- before re- tification purposes after re- designa- only-not amended) designa- designa- only-not amended) designa- (b) REDESIGNATIONS AND TRANSFERS.— tion tion tion tion (1) REQUIREMENT.—The sections of title 14, United States Code, identified in the table 371 Aviation cadets; 424a Suspension of pay- provided in paragraph (2) are amended— procurement; ment of retired pay (A) by redesignating the sections as de- transfer 2317 of members who are scribed in the table; and absent from the (B) by transferring the sections, as nec- 372 Aviation cadets; United States to essary, so that the sections appear after the benefits 2318 avoid prosecution 2506 table of sections for chapter 23 of such title (as added by subsection (a)), in the order in 374 Critical skill train- 425 Board for Correc- which the sections are presented in the ing bonus 2319 tion of Military table. Records deadline 2507 (2) TABLE.—The table referred to in para- SEC. 114. CHAPTER 25. graph (1) is the following: (a) INITIAL MATTER.—Chapter 25 of title 14, 426 Emergency leave United States Code, is amended by striking retention authority 2508 Title 14 Title 14 the chapter designation, the chapter head- section Section heading section ing, and the table of sections at the begin- 427 Prohibition of cer- number (provided for iden- number ning and inserting the following: tain involuntary before re- tification purposes after re- ‘‘CHAPTER 25—PERSONNEL; GENERAL administrative sep- designa- only-not amended) designa- arations 2509 tion tion PROVISIONS ‘‘SUBCHAPTER I—GENERAL PROVISIONS 428 Sea service letters 2510 350 Recruiting cam- ‘‘Sec. paigns 2301 ‘‘2501. Grade on retirement. 430 Investigations of ‘‘2502. Retirement. flag officers and 351 Enlistments; term, ‘‘2503. Status of recalled personnel. Senior Executive ‘‘2504. Computation of retired pay. grade 2302 Service employees 2511 ‘‘2505. Limitations on retirement and retired pay. 352 Promotion 2303 431 Leave policies for ‘‘2506. Suspension of payment of retired pay the Coast Guard 2512 353 Compulsory retire- of members who are absent from the United States to avoid ment at age of 467 Computation of prosecution. sixty-two 2304 length of service 2513 ‘‘2507. Board for Correction of Military Records deadline. 354 Voluntary retire- 432 Personnel of former ‘‘2508. Emergency leave retention authority. ment after thirty Lighthouse Service 2531 years’ service 2305 ‘‘2509. Prohibition of certain involuntary administrative separations. (c) ADDITIONAL CHANGES.—Chapter 25 of 355 Voluntary retire- ‘‘2510. Sea service letters. title 14, United States Code, is further ment after twenty ‘‘2511. Investigations of flag officers and Sen- amended— years’ service 2306 ior Executive Service employees. (1) by inserting before section 2501 (as so 357 Retirement of en- ‘‘2512. Leave policies for the Coast Guard. redesignated and transferred under sub- listed members: in- ‘‘2513. Computation of length of service. section (b)) the following: crease in retired ‘‘SUBCHAPTER II—LIGHTHOUSE SERVICE ‘‘SUBCHAPTER I—GENERAL pay 2307 ‘‘2531. Personnel of former Lighthouse Serv- PROVISIONS’’; ice.’’. and 359 Recall to active (b) REDESIGNATIONS AND TRANSFERS.— (2) by inserting before section 2531 (as so duty during war or (1) REQUIREMENT.—The sections of title 14, redesignated and transferred under sub- national emergency 2308 United States Code, identified in the table section (b)) the following: provided in paragraph (2) are amended— ‘‘SUBCHAPTER II—LIGHTHOUSE 360 Recall to active (A) by redesignating the sections as de- SERVICE’’. duty with consent scribed in the table; and SEC. 115. PART III. of member 2309 (B) by transferring the sections, as necessary, so that the sections appear after the Part III of title 14, United States Code, is 361 Relief of retired en- table of sections for chapter 25 of such title amended by striking the part designation, listed member pro- (as added by subsection (a)), in the order in the part heading, and the table of chapters moted while on ac- which the sections are presented in the at the beginning. tive duty 2310 table. SEC. 116. CHAPTER 27. (2) TABLE.—The table referred to in para- (a) INITIAL MATTER.—Chapter 27 of title 14, 362 Retirement in cases graph (1) is the following: United States Code, is amended by striking where higher grade the chapter designation, the chapter head- or rating has been ing, and the table of sections at the begin- held 2311 Title 14 Title 14 section Section heading section ning and inserting the following: number (provided for iden- number ‘‘CHAPTER 27—PAY, ALLOWANCES, 365 Extension of enlist- before re- tification purposes after re- AWARDS, AND OTHER RIGHTS AND BEN- ments 2312 designa- only-not amended) designa- EFITS tion tion 366 Retention beyond ‘‘SUBCHAPTER I—PERSONNEL RIGHTS AND term of enlistment 334 Grade on retire- BENEFITS in case of disability 2313 ment 2501 ‘‘Sec. ‘‘2701. Procurement of personnel. 367 Detention beyond 421 Retirement 2502 ‘‘2702. Training. term of enlistment 2314 ‘‘2703. Contingent expenses. 422 Status of recalled ‘‘2704. Equipment to prevent accidents. 369 Inclusion of certain personnel 2503 ‘‘2705. Clothing at time of discharge for good conditions in en- of service. listment contract 2315 423 Computation of re- ‘‘2706. Right to wear uniform. tired pay 2504 ‘‘2707. Protection of uniform. 370 Discharge within ‘‘2708. Clothing for officers and enlisted per- three months be- 424 Limitations on re- sonnel. fore expiration of tirement and re- ‘‘2709. Procurement and sale of stores to enlistment 2316 tired pay 2505 members and civilian employees.

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‘‘2710. Disposition of effects of decedents. Title 14 Title 14 Title 14 Title 14 ‘‘2711. Deserters; payment of expenses inci- section Section heading section section Section heading section dent to apprehension and deliv- number (provided for iden- number number (provided for iden- number ery; penalties. before re- tification purposes after re- before re- tification purposes after re- ‘‘2712. Payment for the apprehension of designa- only-not amended) designa- designa- only-not amended) designation tion tion tion stragglers. ‘‘SUBCHAPTER II—AWARDS 468 Procurement of 498 Posthumous awards 2743 ‘‘2731. Delegation of powers to make awards; personnel 2701 rules and regulations. 500 Life-saving medals 2744 ‘‘2732. Medal of honor. 469 Training 2702 501 Replacement of ‘‘2733. Medal of honor: duplicate medal. 476 Contingent ex- medals 2745 ‘‘2734. Medal of honor: presentation of Medal penses 2703 of Honor Flag. 502 Award of other ‘‘2735. Coast Guard cross. 477 Equipment to pre- medals 2746 ‘‘2736. Distinguished service medal. vent accidents 2704 ‘‘2737. Silver star medal. 503 Awards and insig- ‘‘2738. Distinguished flying cross. 482 Clothing at time of nia for excellence ‘‘2739. Coast Guard medal. discharge for good in service or con- ‘‘2740. Insignia for additional awards. of service 2705 duct 2747 ‘‘2741. Time limit on award; report concerning deed. 483 Right to wear uni- 516 Presentation of form 2706 United States flag ‘‘2742. Honorable subsequent service as condi- upon retirement 2748 tion to award. 484 Protection of uni- ‘‘2743. Posthumous awards. form 2707 509 Persons discharged ‘‘2744. Life-saving medals. as result of court- ‘‘2745. Replacement of medals. 485 Clothing for offi- martial; allowances ‘‘2746. Award of other medals. cers and enlisted to 2761 ‘‘2747. Awards and insignia for excellence in personnel 2708 service or conduct. 510 Shore patrol duty; ‘‘2748. Presentation of United States flag 487 Procurement and payment of ex- upon retirement. sale of stores to penses 2762 members and civil- ‘‘SUBCHAPTER III—PAYMENTS ian employees 2709 511 Compensatory ab- ‘‘2761. Persons discharged as result of court- sence from duty for martial; allowances to. 507 Disposition of ef- military personnel ‘‘2762. Shore patrol duty; payment of ex- fects of decedents 2710 at isolated duty penses. stations 2763 ‘‘2763. Compensatory absence from duty for 508 Deserters; payment military personnel at isolated of expenses inci- 512 Monetary allow- duty stations. dent to apprehen- ance for transpor- ‘‘2764. Monetary allowance for transpor- sion and delivery; tation of household tation of household effects. penalties 2711 effects 2764 ‘‘2765. Retroactive payment of pay and allowances delayed by administra- 644 Payment for the 513 Retroactive pay- tive error or oversight. apprehension of ment of pay and al- ‘‘2766. Travel card management. stragglers 2712 lowances delayed by administrative ‘‘2767. Reimbursement for medical-related 499 Delegation of pow- error or oversight 2765 travel expenses for certain per- ers to make sons residing on islands in the awards; rules and 517 Travel card man- continental United States. regulations 2731 agement 2766 ‘‘2768. Annual audit of pay and allowances of members undergoing perma- 491 Medal of honor 2732 518 Reimbursement for nent change of station. medical-related ‘‘2769. Remission of indebtedness. 504 Medal of honor: du- travel expenses for ‘‘2770. Special instruction at universities. plicate medal 2733 certain persons re- ‘‘2771. Attendance at professional meetings. siding on islands in ‘‘2772. Education loan repayment program. 505 Medal of honor: the continental ‘‘2773. Rations or commutation therefor in presentation of United States 2767 money. Medal of Honor ‘‘2774. Sales of ration supplies to messes. Flag 2734 519 Annual audit of pay ‘‘2775. Flight rations. and allowances of members under- ‘‘2776. Payments at time of discharge for 491a Coast Guard cross 2735 going permanent good of service. 492 Distinguished serv- change of station 2768 ‘‘2777. Clothing for destitute shipwrecked ice medal 2736 persons. 461 Remission of in- ‘‘2778. Advancement of public funds to per- 492a Silver star medal 2737 debtedness 2769 sonnel. ‘‘2779. Transportation to and from certain 492b Distinguished fly- 470 Special instruction places of employment.’’. ing cross 2738 at universities 2770 (b) REDESIGNATIONS AND TRANSFERS.— (1) REQUIREMENT.—The sections of title 14, 493 Coast Guard medal 2739 471 Attendance at pro- United States Code, identified in the table fessional meetings 2771 provided in paragraph (2) are amended— 494 Insignia for addi- (A) by redesignating the sections as de- tional awards 2740 472 Education loan re- scribed in the table; and payment program 2772 (B) by transferring the sections, as nec- 496 Time limit on essary, so that the sections appear after the award; report con- 478 Rations or com- table of sections for chapter 27 of such title cerning deed 2741 mutation therefor (as added by subsection (a)), in the order in in money 2773 which the sections are presented in the 497 Honorable subse- table. quent service as 479 Sales of ration sup- (2) TABLE.—The table referred to in para- condition to award 2742 plies to messes 2774 graph (1) is the following:

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Title 14 Title 14 (B) by transferring the sections, as nec- ‘‘SUBCHAPTER II—COAST GUARD CHILD section Section heading section essary, so that the sections appear after the CARE’’; number (provided for iden- number table of sections for chapter 29 of such title and before re- tification purposes after re- (as added by subsection (a)), in the order in (3) by inserting before section 2941 (as so designa- only-not amended) designa- which the sections are presented in the tion tion redesignated and transferred under sub- table. section (b)) the following: (2) TABLE.—The table referred to in para- ‘‘SUBCHAPTER III—HOUSING’’. 480 Flight rations 2775 graph (1) is the following: SEC. 118. SUBTITLE III AND CHAPTER 37. 481 Payments at time (a) INITIAL MATTER.—Title 14, United Title 14 Title 14 of discharge for States Code, is further amended by adding good of service 2776 section Section heading section number (provided for iden- number after chapter 29 (as amended by section 117) before re- tification purposes after re- the following: 486 Clothing for des- designa- only-not amended) designa- ‘‘Subtitle III—Coast Guard Reserve and titute shipwrecked tion tion persons 2777 Auxiliary 531 Work-life policies ‘‘Chap. Sec. 488 Advancement of and programs 2901 ‘‘37. Coast Guard Reserve ...... 3701 public funds to per- ‘‘39. Coast Guard Auxiliary ...... 3901 sonnel 2778 532 Surveys of Coast ‘‘41. General Provisions for Coast Guard families 2902 Guard Reserve and Auxiliary ...... 4101 660 Transportation to ‘‘CHAPTER 1—COAST GUARD RESERVE and from certain 541 Reimbursement for ‘‘SUBCHAPTER I—ADMINISTRATION places of employ- adoption expenses 2903 ment 2779 ‘‘Sec. ‘‘3701. Organization. 542 Education and ‘‘3702. Authorized strength. (c) ADDITIONAL CHANGES.—Chapter 27 of training opportuni- ‘‘3703. Coast Guard Reserve Boards. title 14, United States Code, is further ties for Coast ‘‘3704. Grades and ratings; military author- amended— Guard spouses 2904 ity. (1) by inserting before section 2701 (as so ‘‘3705. Benefits. redesignated and transferred under sub- 543 Youth sponsorship ‘‘3706. Temporary members of the Reserve; section (b)) the following: initiatives 2905 eligibility and compensation. ‘‘SUBCHAPTER I—PERSONNEL RIGHTS ‘‘3707. Temporary members of the Reserve; AND BENEFITS’’; 544 Dependent school disability or death benefits. (2) by inserting before section 2731 (as so children 2906 ‘‘3708. Temporary members of the Reserve; redesignated and transferred under sub- certificate of honorable service. section (b)) the following: 551 Definitions 2921 ‘‘3709. Reserve student aviation pilots; Re- ‘‘SUBCHAPTER II—AWARDS’’; serve aviation pilots; appoint- 552 Child development ments in commissioned grade. and services 2922 ‘‘3710. Reserve student pre-commissioning as- (3) by inserting before section 2761 (as so sistance program. redesignated and transferred under sub- 553 Child development ‘‘3711. Appointment or wartime promotion; section (b)) the following: center standards retention of grade upon release ‘‘SUBCHAPTER III—PAYMENTS’’. and inspections 2923 from active duty. SEC. 117. CHAPTER 29. ‘‘3712. Exclusiveness of service. (a) INITIAL MATTER.—Chapter 29 of title 14, 554 Child development ‘‘3713. Active duty for emergency augmenta- United States Code, is amended by striking center employees 2924 tion of regular forces. the chapter designation, the chapter head- ‘‘3714. Enlistment of members engaged in ing, and the table of sections at the begin- 555 Parent partner- schooling. ning and inserting the following: ships with child de- ‘‘SUBCHAPTER II—PERSONNEL velopment centers 2925 ‘‘CHAPTER 29—COAST GUARD FAMILY ‘‘3731. Definitions. SUPPORT, CHILD CARE, AND HOUSING 680 Definitions 2941 ‘‘3732. Applicability of this subchapter. ‘‘SUBCHAPTER I—COAST GUARD FAMILIES ‘‘3733. Suspension of this subchapter in time of war or national emergency. ‘‘Sec. 681 General authority 2942 ‘‘2901. Work-life policies and programs. ‘‘3734. Effect of this subchapter on retirement and retired pay. ‘‘2902. Surveys of Coast Guard families. 475 Leasing and hiring ‘‘3735. Authorized number of officers. ‘‘2903. Reimbursement for adoption expenses. of quarters; rental ‘‘3736. Precedence. ‘‘2904. Education and training opportunities of inadequate hous- ‘‘3737. Running mates. for Coast Guard spouses. ing 2943 ‘‘2905. Youth sponsorship initiatives. ‘‘3738. Constructive credit upon initial appointment. ‘‘2906. Dependent school children. 680 Retired service ‘‘3739. Promotion of Reserve officers on ac- ‘‘SUBCHAPTER II—COAST GUARD CHILD CARE members and de- tive duty. pendents serving on ‘‘2921. Definitions. ‘‘3740. Promotion; recommendations of selec- advisory commit- ‘‘2922. Child development services. tion boards. tees 2944 ‘‘2923. Child development center standards ‘‘3741. Selection boards; appointment. and inspections. ‘‘3742. Establishment of promotion zones 685 Conveyance of real ‘‘2924. Child development center employees. under running mate system. property 2945 ‘‘2925. Parent partnerships with child devel- ‘‘3743. Eligibility for promotion. opment centers. ‘‘3744. Recommendation for promotion of an 687 Coast Guard Hous- ‘‘SUBCHAPTER III—HOUSING officer previously removed from ing Fund 2946 ‘‘2941. Definitions. an active status. ‘‘3745. Qualifications for promotion. ‘‘2942. General authority. 688 Reports 2947 ‘‘2943. Leasing and hiring of quarters; rental ‘‘3746. Promotion; acceptance; oath of office. of inadequate housing. ‘‘3747. Date of rank upon promotion; entitle- ‘‘2944. Retired service members and depend- (c) ADDITIONAL CHANGES.—Chapter 29 of ment to pay. ents serving on advisory com- title 14, United States Code, is further ‘‘3748. Type of promotion; temporary. mittees. amended— ‘‘3749. Effect of removal by the President or ‘‘2945. Conveyance of real property. (1) by inserting before section 2901 (as so failure of consent of the Senate. ‘‘2946. Coast Guard Housing Fund. redesignated and transferred under sub- ‘‘3750. Failure of selection for promotion. ‘‘2947. Reports.’’. section (b)) the following: ‘‘3751. Failure of selection and removal from (b) REDESIGNATIONS AND TRANSFERS.— an active status. (1) REQUIREMENT.—The sections of title 14, ‘‘SUBCHAPTER I—COAST GUARD ‘‘3752. Retention boards; removal from an ac- United States Code, identified in the table FAMILIES’’; tive status to provide a flow of provided in paragraph (2) are amended— (2) by inserting before section 2921 (as so promotion. (A) by redesignating the sections as de- redesignated and transferred under sub- ‘‘3753. Maximum ages for retention in an ac- scribed in the table; and section (b)) the following: tive status.

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‘‘3754. Rear admiral and rear admiral (lower Title 14 Title 14 Title 14 Title 14 half); maximum service in section Section heading section section Section heading section grade. number (provided for iden- number number (provided for iden- number ‘‘3755. Appointment of a former Navy or before re- tification purposes after re- before re- tification purposes after re- Coast Guard officer. designa- only-not amended) designa- designa- only-not amended) designation tion tion tion ‘‘3756. Grade on entry upon active duty. ‘‘3757. Recall of a retired officer; grade upon 720 Definitions 3731 742 Maximum ages for release.’’. retention in an ac- (b) REDESIGNATIONS AND TRANSFERS.— 721 Applicability of tive status 3753 (1) REQUIREMENT.—The sections of title 14, this subchapter 3732 United States Code, identified in the table 743 Rear admiral and provided in paragraph (2) are amended— 722 Suspension of this rear admiral (lower (A) by redesignating the sections as de- subchapter in time half); maximum scribed in the table; and of war or national service in grade 3754 (B) by transferring the sections, as nec- emergency 3733 essary, so that the sections appear after the 744 Appointment of a table of sections for chapter 37 of such title 723 Effect of this sub- former Navy or (as added by subsection (a)), in the order in chapter on retire- Coast Guard officer 3755 which the sections are presented in the ment and retired table. pay 3734 745 Grade on entry (2) TABLE.—The table referred to in para- upon active duty 3756 graph (1) is the following: 724 Authorized number of officers 3735 746 Recall of a retired Title 14 Title 14 officer; grade upon section Section heading section 725 Precedence 3736 release 3757 number (provided for iden- number before re- tification purposes after re- 726 Running mates 3737 (c) ADDITIONAL CHANGES.—Chapter 37 of designa- only-not amended) designa- title 14, United States Code, is further tion tion 727 Constructive credit amended— upon initial ap- 701 Organization 3701 (1) by inserting before section 3701 (as so pointment 3738 redesignated and transferred under subsection (b)) the following: 702 Authorized 728 Promotion of Re- strength 3702 serve officers on ac- ‘‘SUBCHAPTER I—ADMINISTRATION’’; tive duty 3739 and 703 Coast Guard Re- (2) by inserting before section 3731 (as so serve Boards 3703 729 Promotion; rec- redesignated and transferred under sub- ommendations of section (b)) the following: 704 Grades and ratings; selection boards 3740 ‘‘SUBCHAPTER II—PERSONNEL’’. military authority 3704 SEC. 119. CHAPTER 39. 730 Selection boards; (a) INITIAL MATTER.—Title 14, United 705 Benefits 3705 appointment 3741 States Code, is further amended by adding 706 Temporary mem- 731 Establishment of after chapter 37 (as added by section 118) the bers of the Reserve; promotion zones following: eligibility and com- under running mate ‘‘CHAPTER 39—COAST GUARD AUXILIARY pensation 3706 system 3742 ‘‘Sec. ‘‘3901. Administration of the Coast Guard 707 Temporary mem- 732 Eligibility for pro- Auxiliary. bers of the Reserve; motion 3743 ‘‘3902. Purpose of the Coast Guard Auxiliary. disability or death ‘‘3903. Eligibility; enrollments. benefits 3707 733 Recommendation ‘‘3904. Members of the Auxiliary; status. for promotion of an ‘‘3905. Disenrollment. 708 Temporary mem- officer previously ‘‘3906. Membership in other organizations. bers of the Reserve; removed from an ‘‘3907. Use of member’s facilities. certificate of hon- active status 3744 ‘‘3908. Vessel deemed public vessel. orable service 3708 ‘‘3909. Aircraft deemed public aircraft. 734 Qualifications for ‘‘3910. Radio station deemed government sta- 709 Reserve student promotion 3745 tion. aviation pilots; Re- ‘‘3911. Availability of appropriations. serve aviation pi- 735 Promotion; accept- ‘‘3912. Assignment and performance of duties. lots; appointments ance; oath of office 3746 ‘‘3913. Injury or death in line of duty.’’. in commissioned (b) REDESIGNATIONS AND TRANSFERS.— grade 3709 736 Date of rank upon (1) REQUIREMENT.—The sections of title 14, promotion; entitle- United States Code, identified in the table 709a Reserve student ment to pay 3747 provided in paragraph (2) are amended— pre-commissioning (A) by redesignating the sections as de- assistance program 3710 737 Type of promotion; scribed in the table; and temporary 3748 (B) by transferring the sections, as nec- 710 Appointment or essary, so that the sections appear after the wartime pro- 738 Effect of removal table of sections for chapter 39 of such title motion; retention by the President or (as added by subsection (a)), in the order in of grade upon re- failure of consent which the sections are presented in the lease from active of the Senate 3749 table. duty 3711 (2) TABLE.—The table referred to in para- 739 Failure of selection graph (1) is the following: 711 Exclusiveness of for promotion 3750 service 3712 740 Failure of selection Title 14 Title 14 section Section heading section 712 Active duty for and removal from number (provided for iden- number emergency aug- an active status 3751 before re- tification purposes after re- mentation of reg- designa- only-not amended) designa- ular forces 3713 741 Retention boards; tion tion removal from an 713 Enlistment of active status to 821 Administration of members engaged provide a flow of the Coast Guard in schooling 3714 promotion 3752 Auxiliary 3901

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Title 14 Title 14 Title 14 Title 14 ‘‘5106. Annual performance report. section Section heading section section Section heading section ‘‘5107. Major acquisition risk assessment.’’. number (provided for iden- number number (provided for iden- number (b) REDESIGNATIONS AND TRANSFERS.— before re- tification purposes after re- before re- tification purposes after re- (1) REQUIREMENT.—The sections of title 14, designa- only-not amended) designa- designa- only-not amended) designa- United States Code, identified in the table tion tion tion tion provided in paragraph (2) are amended— (A) by redesignating the sections as de- 822 Purpose of the 893 Limitation on scribed in the table; and Coast Guard Auxil- rights of members (B) by transferring the sections, as nec- iary 3902 of the Auxiliary essary, so that the sections appear after the and temporary table of sections for chapter 51 of such title 823 Eligibility; enroll- members of the Re- (as added by subsection (a)), in the order in ments 3903 serve 4103 which the sections are presented in the table. 823a Members of the 894 Availability of fa- (2) TABLE.—The table referred to in para- Auxiliary; status 3904 cilities and appro- graph (1) is the following: priations 4104 824 Disenrollment 3905 Title 14 Title 14 SEC. 121. SUBTITLE IV AND CHAPTER 49. section Section heading section 825 Membership in (a) INITIAL MATTER.—Title 14, United number (provided for iden- number other organizations 3906 States Code, is further amended by adding before re- tification purposes after re- after chapter 41 (as added by section 120) the designa- only-not amended) designa- 826 Use of member’s fa- following: tion tion cilities 3907 ‘‘Subtitle IV—Coast Guard Authorizations 2901 Transmission of an- 827 Vessel deemed pub- and Reports to Congress nual Coast Guard lic vessel 3908 ‘‘Chap. Sec. authorization re- ‘‘49. Authorizations ...... 4901 quest 5101 828 Aircraft deemed ‘‘51. Reports ...... 5101 public aircraft 3909 ‘‘CHAPTER 49—AUTHORIZATIONS 2902 Capital investment ‘‘Sec. plan 5102 829 Radio station ‘‘4901. Requirement for prior authorization of deemed govern- appropriations. 2903 Major acquisitions 5103 ment station 3910 ‘‘4902. Authorization of appropriations. ‘‘4903. Authorization of personnel end 2904 Manpower require- 830 Availability of ap- strengths. ments plan 5104 propriations 3911 ‘‘4904. Authorized levels of military strength and training.’’. 679 Inventory of real property 5105 831 Assignment and (b) REDESIGNATIONS AND TRANSFERS.— performance of du- (1) REQUIREMENT.—The sections of title 14, 2905 Annual perform- ties 3912 United States Code, identified in the table ance report 5106 provided in paragraph (2) are amended— 832 Injury or death in (A) by redesignating the sections as de- 2906 Major acquisition line of duty 3913 scribed in the table; and risk assessment 5107 (B) by transferring the sections, as nec- SEC. 120. CHAPTER 41. essary, so that the sections appear after the (a) INITIAL MATTER.—Title 14, United SEC. 123. REFERENCES. table of sections for chapter 49 of such title States Code, is further amended by adding (a) DEFINITIONS.—In this section, the fol- (as added by subsection (a)), in the order in after chapter 39 (as added by section 119) the lowing definitions apply: which the sections are presented in the following: (1) REDESIGNATED SECTION.—The term ‘‘re- table. designated section’’ means a section of title ‘‘CHAPTER 41—GENERAL PROVISIONS FOR (2) TABLE.—The table referred to in para- COAST GUARD RESERVE AND AUXILIARY 14, United States Code, that is redesignated graph (1) is the following: by this title, as that section is so redesig- ‘‘Sec. nated. ‘‘4101. Flags; pennants; uniforms and insig- Title 14 Title 14 (2) SOURCE SECTION.—The term ‘‘source sec- nia. section Section heading section ‘‘4102. Penalty. tion’’ means a section of title 14, United number (provided for iden- number States Code, that is redesignated by this ‘‘4103. Limitation on rights of members of before re- tification purposes after re- the Auxiliary and temporary title, as that section was in effect before the designa- only-not amended) designa- redesignation. members of the Reserve. tion tion ‘‘4104. Availability of facilities and appro- (b) REFERENCE TO SOURCE SECTION.— (1) TREATMENT OF REFERENCE.—A reference priations.’’. 2701 Requirement for to a source section, including a reference in (b) REDESIGNATIONS AND TRANSFERS.— prior authorization a regulation, order, or other law, is deemed (1) REQUIREMENT.—The sections of title 14, of appropriations 4901 United States Code, identified in the table to refer to the corresponding redesignated section. provided in paragraph (2) are amended— 2702 Authorization of (2) TITLE 14.—In title 14, United States (A) by redesignating the sections as de- appropriations 4902 scribed in the table; and Code, each reference in the text of such title to a source section is amended by striking (B) by transferring the sections, as nec- 2703 Authorization of such reference and inserting a reference to essary, so that the sections appear after the personnel end the appropriate, as determined using the ta- table of sections for chapter 41 of such title strengths 4903 (as added by subsection (a)), in the order in bles located in this title, redesignated section. which the sections are presented in the 2704 Authorized levels of (c) OTHER CONFORMING AMENDMENTS.— table. military strength (1) REFERENCE TO SECTION 182.—Section (2) TABLE.—The table referred to in para- and training 4904 1923(c) of title 14, United States Code, as so graph (1) is the following: redesignated by this title, is further amend- SEC. 122. CHAPTER 51. ed by striking ‘‘section 182’’ and inserting Title 14 Title 14 (a) INITIAL MATTER.—Title 14, United ‘‘section 1922’’. section Section heading section States Code, is further amended by adding (2) REFERENCES TO CHAPTER 11.—Title 14, number (provided for iden- number after chapter 49 (as added by section 121) the United States Code, is further amended— before re- tification purposes after re- following: designa- only-not amended) designa- (A) in section 2146(d), as so redesignated by tion tion ‘‘CHAPTER 51—REPORTS this title, by striking ‘‘chapter 11 of this ‘‘Sec. title’’ and inserting ‘‘this chapter’’; and 891 Flags; pennants; ‘‘5101. Transmission of annual Coast Guard (B) in section 3739, as so redesignated by uniforms and insig- authorization request. this title, by striking ‘‘chapter 11’’ each nia 4101 ‘‘5102. Capital investment plan. place that it appears and inserting ‘‘chapter ‘‘5103. Major acquisitions. 21’’. 892 Penalty 4102 ‘‘5104. Manpower requirements plan. (3) REFERENCE TO CHAPTER 13.—Section ‘‘5105. Inventory of real property. 3705(b) of title 14, United States Code, as so

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redesignated by this title, is further amend- ‘‘(b) FISCAL YEAR 2019.—Funds are author- ments to or the replacement of rotary-wing ed by striking ‘‘chapter 13’’ and inserting ized to be appropriated for fiscal year 2019 for aircraft. ‘‘chapter 27’’. necessary expenses of the Coast Guard as fol- TITLE III—COAST GUARD (4) REFERENCE TO CHAPTER 15.—Section lows: SEC. 301. AMENDMENTS TO TITLE 14, UNITED 308(b)(3) of title 14, United States Code, as so ‘‘(1)(A) For the operation and maintenance STATES CODE, AS AMENDED BY redesignated by this title, is further amend- of the Coast Guard, not otherwise provided TITLE I OF THIS ACT. ed by striking ‘‘chapter 15’’ and inserting for, $7,914,195,000 for fiscal year 2019. Except as otherwise expressly provided, ‘‘chapter 11’’. ‘‘(B) Of the amount authorized under sub- whenever in this title an amendment or re- (5) REFERENCES TO CHAPTER 19.—Title 14, paragraph (A)— peal is expressed in terms of an amendment United States Code, is further amended— ‘‘(i) $16,701,000 shall be for environmental to, or a repeal of, a section or other provi- (A) in section 4901(4), as so redesignated by compliance and restoration; and sion of title 14, United States Code, the ref- this title, by striking ‘‘chapter 19’’ and in- ‘‘(ii) $199,360,000 shall be for the Coast erence shall be considered to be made to title serting ‘‘section 318’’; and Guard’s Medicare-eligible retiree health care 14, United States Code, as amended by title (B) in section 4902(4), as so redesignated by fund contribution to the Department of De- I of this Act. this title, by striking ‘‘chapter 19’’ and in- fense. SEC. 302. PRIMARY DUTIES. serting ‘‘section 318’’. ‘‘(2) For the procurement, construction, Section 102(7) of title 14, United States (6) REFERENCE TO CHAPTER 23.—Section renovation, and improvement of aids to navi- Code, is amended to read as follows: 701(a) of title 14, United States Code, as so gation, shore facilities, vessels, aircraft, and ‘‘(7) maintain a state of readiness to assist redesignated by this title, is further amend- systems, including equipment related therein the defense of the United States, including ed by striking ‘‘chapter 23’’ and inserting to, and for maintenance, rehabilitation, when functioning as a specialized service in ‘‘chapter 39’’. lease, and operation of facilities and equip- the Navy pursuant to section 103.’’. ment, $2,694,745,000 for fiscal year 2019. SEC. 124. RULE OF CONSTRUCTION. SEC. 303. NATIONAL COAST GUARD MUSEUM. ‘‘(3) To the Commandant for research, de- This title, including the amendments made Section 316 of title 14, United States Code, velopment, test, and evaluation of tech- by this title, is intended only to reorganize is amended to read as follows: title 14, United States Code, and may not be nologies, materials, and human factors di- construed to alter— rectly related to improving the performance ‘‘§ 316. National Coast Guard Museum (1) the effect of a provision of title 14, of the Coast Guard’s mission with respect to ‘‘(a) ESTABLISHMENT.—The Commandant United States Code, including any authority search and rescue, aids to navigation, marine may establish a National Coast Guard Mu- or requirement therein; safety, marine environmental protection, en- seum, on lands which will be federally owned (2) a department or agency interpretation forcement of laws and treaties, ice oper- and administered by the Coast Guard, and with respect to title 14, United States Code; ations, oceanographic research, and defense are located in New London, Connecticut, at, or readiness, and for maintenance, rehabilita- or in close proximity to, the Coast Guard (3) a judicial interpretation with respect to tion, lease, and operation of facilities and Academy. title 14, United States Code. equipment, $29,141,000 for fiscal year 2019.’’. ‘‘(b) LIMITATION ON EXPENDITURES.— TITLE II—AUTHORIZATIONS (b) REPEAL.—On October 1, 2018— ‘‘(1) The Secretary shall not expend any (1) section 4902(a) of title 14, United States funds appropriated to the Coast Guard on the SEC. 201. AMENDMENTS TO TITLE 14, UNITED construction of any museum established STATES CODE, AS AMENDED BY Code, as amended by subsection (a), shall be TITLE I OF THIS ACT. repealed; and under this section. Except as otherwise expressly provided, (2) subsection 4902(b) of title 14, United ‘‘(2) The Secretary shall fund the National whenever in this title an amendment or re- States Code, as amended by subsection (a), Coast Guard Museum with nonappropriated peal is expressed in terms of an amendment shall be amended by striking ‘‘(b) FISCAL and non-Federal funds to the maximum ex- to, or a repeal of, a section or other provi- YEAR 2019.—’’. tent practicable. The priority use of Federal sion of title 14, United States Code, the ref- SEC. 203. AUTHORIZED LEVELS OF MILITARY funds should be to preserve and protect his- erence shall be considered to be made to title STRENGTH AND TRAINING. toric Coast Guard artifacts, including the de- 14, United States Code, as amended by title Section 4904 of title 14, United States Code, sign, fabrication, and installation of exhibits I of this Act. is amended— or displays in which such artifacts are in- SEC. 202. AUTHORIZATIONS OF APPROPRIA- (1) in subsection (a), by striking ‘‘for each cluded. TIONS. of fiscal years 2016 and 2017’’ and inserting ‘‘(3) The Secretary may expend funds ap- (a) IN GENERAL.—Section 4902 of title 14, ‘‘for fiscal year 2018 and 44,500 for fiscal year propriated to the Coast Guard on the engi- United States Code, is amended to read as 2019’’; and neering and design of a National Coast Guard follows: (2) in subsection (b), by striking ‘‘fiscal Museum. ‘‘§ 4902. Authorizations of appropriations years 2016 and 2017’’ and inserting ‘‘fiscal ‘‘(c) FUNDING PLAN.—Before the date on which the Commandant establishes a Na- ‘‘(a) FISCAL YEAR 2018.—Funds are author- years 2018 and 2019’’. tional Coast Guard Museum under sub- ized to be appropriated for fiscal year 2018 for SEC. 204. AUTHORIZATION OF AMOUNTS FOR section (a), the Commandant shall provide to necessary expenses of the Coast Guard as fol- FAST RESPONSE CUTTERS. the Committee on Commerce, Science, and lows: (a) IN GENERAL.—Of the amounts author- Transportation of the Senate and the Com- ‘‘(1) For the operation and maintenance of ized under section 4902 of title 14, United mittee on Transportation and Infrastructure the Coast Guard, not otherwise provided for, States Code, as amended by this Act, for of the House of Representatives a plan for $7,210,313,000 for fiscal year 2018. each of fiscal years 2018 and 2019 up to constructing, operating, and maintaining ‘‘(2) For the acquisition, construction, ren- $167,500,000 is authorized for the acquisition such a museum, including— ovation, and improvement of aids to naviga- of 3 Fast Response Cutters. ‘‘(1) estimated planning, engineering, de- tion, shore facilities, vessels, aircraft, and (b) TREATMENT OF ACQUIRED CUTTERS.— sign, construction, operation, and mainte- systems, including equipment related there- Any cutters acquired pursuant to subsection nance costs; to, and for maintenance, rehabilitation, (a) shall be in addition to the 58 cutters ap- ‘‘(2) the extent to which appropriated, non- lease, and operation of facilities and equip- proved under the existing acquisition base- appropriated, and non-Federal funds will be ment, $2,694,745,000 for fiscal year 2018. line. used for such purposes, including the extent ‘‘(3) For the Coast Guard Reserve program, SEC. 205. AUTHORIZATION OF AMOUNTS FOR to which there is any shortfall in funding for including operations and maintenance of the SHORESIDE INFRASTRUCTURE. engineering, design, or construction; and program, personnel and training costs, Of the amounts authorized under section ‘‘(3) a certification by the Inspector Gen- equipment, and services, $114,875,000 for fis- 4902 of title 14, United States Code, as eral of the department in which the Coast cal year 2018. amended by this Act, for each of fiscal years Guard is operating that the estimates pro- ‘‘(4) For the environmental compliance and 2018 and 2019 up to $167,500,000 is authorized vided pursuant to paragraphs (1) and (2) are restoration functions of the Coast Guard for the Secretary of the department in which reasonable and realistic. under chapter 3 of this title, $13,397,000 for the Coast Guard is operating to fund the ac- ‘‘(d) AUTHORITY.—The Commandant may fiscal year 2018. quisition, construction, rebuilding, or im- not establish a National Coast Guard mu- ‘‘(5) To the Commandant for research, de- provement of Coast Guard shoreside infra- seum except as set forth in this section.’’. velopment, test, and evaluation of tech- structure and facilities necessary to support nologies, materials, and human factors di- Coast Guard operations and readiness. SEC. 304. UNMANNED AIRCRAFT. (a) LAND-BASED UNMANNED AIRCRAFT SYS- rectly related to improving the performance SEC. 206. AUTHORIZATION OF AMOUNTS FOR AIR- of the Coast Guard’s mission with respect to CRAFT IMPROVEMENTS. TEM PROGRAM.—Chapter 3 of title 14, United search and rescue, aids to navigation, marine Of the amounts authorized under section States Code, is amended by adding at the end safety, marine environmental protection, en- 4902 of title 14, United States Code, as the following: forcement of laws and treaties, ice oper- amended by this Act, for each of fiscal years ‘‘§ 319. Land-based unmanned aircraft system ations, oceanographic research, and defense 2018 and 2019 up to $3,500,000 is authorized for program readiness, and for maintenance, rehabilita- the Secretary of the department in which ‘‘(a) IN GENERAL.—Subject to the avail- tion, lease, and operation of facilities and the Coast Guard is operating to fund anal- ability of appropriations, the Secretary shall equipment, $29,141,000 for fiscal year 2018. ysis and program development for improve- establish a land-based unmanned aircraft

VerDate Sep 11 2014 06:11 Oct 12, 2018 Jkt 089060 PO 00000 Frm 00064 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.056 S11OCPT1 dlhill on DSK3GLQ082PROD with SENATE October 11, 2018 CONGRESSIONAL RECORD — SENATE S6841 system program under the control of the ‘‘(A) a member of the Coast Guard; member of the Coast Guard who is unable or Commandant. ‘‘(B) a civilian employee of the Coast unavailable to participate in such training is ‘‘(b) UNMANNED AIRCRAFT SYSTEM DE- Guard; assigned, is able or available to participate FINED.—In this section, the term ‘unmanned ‘‘(C) a member of the Public Health Serv- in such training; and aircraft system’ has the meaning given that ice who is assigned to the Coast Guard; or ‘‘(3) such training, if made available to term in section 331 of the FAA Moderniza- ‘‘(D) any other health-care professional such emergency response providers, would tion and Reform Act of 2012 (49 U.S.C. 40101 credentialed and privileged at a Federal further the goal of interoperability among note).’’. health-care institution or location specially Federal agencies, non-Federal governmental (b) LIMITATION ON UNMANNED AIRCRAFT designated by the Secretary; and agencies, or both. SYSTEMS.—Chapter 11 of title 14, United ‘‘(2) who— ‘‘(b) EMERGENCY RESPONSE PROVIDERS DE- States Code, is amended by inserting after ‘‘(A) has a current license to practice medi- FINED.—In this section, the term ‘emergency section 1155 the following: cine, osteopathic medicine, dentistry, or an- response providers’ has the meaning given ‘‘§ 1156. Limitation on unmanned aircraft sys- other health profession; and that term in section 2 of the Homeland Secu- tems ‘‘(B) is performing authorized duties for rity Act of 2002 (6 U.S.C. 101). the Coast Guard. ‘‘(c) TREATMENT OF REIMBURSEMENT.—Any ‘‘(a) IN GENERAL.—During any fiscal year ‘‘(c) DEFINITIONS.—In this section, the reimbursements for a training that the Coast for which funds are appropriated for the de- terms ‘license’ and ‘health-care professional’ Guard receives under this section shall be sign or construction of an Offshore Patrol have the meanings given those terms in sec- credited to the appropriation used to pay the Cutter, the Commandant— tion 1094(e) of title 10.’’. costs for such training. ‘‘(1) may not award a contract for design of (b) CLERICAL AMENDMENT.—The analysis ‘‘(d) STATUS; LIMITATION ON LIABILITY.— an unmanned aircraft system for use by the for chapter 5 of title 14, United States Code, ‘‘(1) STATUS.—Any individual to whom, as Coast Guard; and is amended by inserting after the item relat- an emergency response provider, training is ‘‘(2) may lease, acquire, or acquire the ing to section 507 the following: made available under this section, who is not services of an unmanned aircraft system ‘‘508. Coast Guard health-care professionals; otherwise a Federal employee, shall not, be- only if such system— licensure portability.’’. cause of that training, be considered a Fed- ‘‘(A) has been part of a program of record (c) ELECTRONIC HEALTH RECORDS.— eral employee for any purpose (including the of, procured by, or used by a Federal entity (1) SYSTEM.—The Commandant of the purposes of chapter 81 of title 5 (relating to (or funds for research, development, test, and Coast Guard is authorized to procure for the compensation for injury) and sections 2671 evaluation have been received from a Fed- Coast Guard an electronic health record sys- through 2680 of title 28 (relating to tort eral entity with regard to such system) be- tem that— claims)). fore the date on which the Commandant (A) has been competitively awarded by the ‘‘(2) LIMITATION ON LIABILITY.—The United leases, acquires, or acquires the services of Department of Defense; and States shall not be liable for actions taken the system; and (B) ensures full integration with the De- by an individual in the course of training ‘‘(B) is leased, acquired, or utilized by the partment of Defense electronic health record made available under this section.’’. Commandant through an agreement with a systems. (b) CLERICAL AMENDMENT.—The analysis Federal entity, unless such an agreement is (2) SUPPORT SERVICES.— for chapter 7 of title 14, United States Code, not practicable or would be less cost-effec- (A) IN GENERAL.—The Commandant is au- is amended by adding at the end the fol- tive than an independent contract action by thorized to procure support services for the lowing: the Coast Guard. electronic health record system procured ‘‘718. Training; emergency response pro- ‘‘(b) SMALL UNMANNED AIRCRAFT EXEMP- under paragraph (1) necessary to ensure full viders.’’. TION.—Subsection (a)(2) does not apply to integration with the Department of Defense SEC. 307. INCENTIVE CONTRACTS FOR COAST small unmanned aircraft. electronic health record systems. GUARD YARD AND INDUSTRIAL ES- ‘‘(c) DEFINITIONS.—In this section, the (B) SCOPE.—Support services procured pur- TABLISHMENTS. terms ‘small unmanned aircraft’ and ‘un- suant to this paragraph may include services Section 939 of title 14, United States Code, manned aircraft system’ have the meanings for the following: is amended— given those terms in section 331 of the FAA (i) System integration support. (1) by inserting before ‘‘The Secretary Modernization and Reform Act of 2012 (49 (ii) Hosting support. may’’ the following: ‘‘(a) IN GENERAL.—’’; U.S.C. 40101 note).’’. (iii) Training, testing, technical, and data (2) in subsection (a), as so designated by (c) CLERICAL AMENDMENTS.— migration support. paragraph (1) of this section, by striking the (1) CHAPTER 3.—The analysis for chapter 3 (iv) Hardware support. period at the end of the last sentence and in- of title 14, United States Code, is amended by (v) Any other support the Commandant serting ‘‘or in accordance with subsection adding at the end the following: considers appropriate. (b).’’; and ‘‘319. Land-based unmanned aircraft system (3) AUTHORIZED PROCUREMENT ACTIONS.— (3) by adding at the end the following: program.’’. The Commandant is authorized to procure an ‘‘(b) INCENTIVE CONTRACTS.— electronic health record system under this (2) CHAPTER 11.—The analysis for chapter 11 ‘‘(1) The parties to an order for industrial of title 14, United States Code, is amended by subsection through the following: work to be performed by the Coast Guard inserting after the item relating to section (A) A task order under the Department of Yard or a Coast Guard industrial establish- 1155 the following: Defense electronic health record contract. ment designated under subsection (a) may (B) A sole source contract award. enter into an order or a cost-plus-incentive- ‘‘1156. Limitation on unmanned aircraft sys- (C) An agreement made pursuant to sec- fee order in accordance with this subsection. tems.’’. tions 1535 and 1536 of title 31, United States ‘‘(2) If such parties enter into such an order (d) CONFORMING AMENDMENT.—Subsection Code. or a cost-plus-incentive-fee order, an agreed- (c) of section 1105 of title 14, United States (D) A contract or other procurement vehi- upon amount of any adjustment described in Code, is repealed. cle otherwise authorized. subsection (a) may be distributed as an in- SEC. 305. COAST GUARD HEALTH-CARE PROFES- (4) COMPETITION IN CONTRACTING; EXEMP- centive to the wage-grade industrial employ- SIONALS; LICENSURE PORTABILITY. TION.—Procurement of an electronic health ees who complete the order. (a) IN GENERAL.—Chapter 5 of title 14, record system and support services pursuant ‘‘(3) Before entering into such an order or United States Code, is amended by inserting to this subsection shall be exempt from the cost-plus-incentive-fee order such parties after section 507 the following: competition requirements of section 2304 of must agree that the wage-grade employees of ‘‘§ 508. Coast Guard health-care professionals; title 10, United States Code. the Coast Guard Yard or Coast Guard indus- licensure portability SEC. 306. TRAINING; EMERGENCY RESPONSE trial establishment will take action to im- ‘‘(a) IN GENERAL.—Notwithstanding any PROVIDERS. prove the delivery schedule or technical per- other provision of law regarding the licen- (a) IN GENERAL.—Chapter 7 of title 14, formance agreed to in the order for indus- sure of health-care providers, a health-care United States Code, is amended by adding at trial work to which such parties initially professional described in subsection (b) may the end the following: agreed. practice the health profession or professions ‘‘§ 718. Training; emergency response pro- ‘‘(4) Notwithstanding any other provision of the health-care professional at any loca- viders of law, if the industrial workforce of the tion in any State, the District of Columbia, ‘‘(a) IN GENERAL.—The Commandant may, Coast Guard Yard or Coast Guard industrial or a Commonwealth, territory, or possession on a reimbursable or a non-reimbursable establishment satisfies the performance tar- of the United States, regardless of where basis, make a training available to emer- get established in such an order or cost-plus- such health-care professional or the patient gency response providers whenever the Com- incentive-fee order— is located, if the practice is within the scope mandant determines that— ‘‘(A) the adjustment to be made pursuant of the authorized Federal duties of such ‘‘(1) a member of the Coast Guard, who is to subsection (a) shall be reduced by an health-care professional. scheduled to participate in such training, is agreed-upon amount and distributed to such ‘‘(b) DESCRIBED INDIVIDUALS.—A health- unable or unavailable to participate in such wage-grade industrial employees; and care professional described in this subsection training; ‘‘(B) the remainder of the adjustment shall is an individual— ‘‘(2) no other member of the Coast Guard, be credited to the appropriation for such ‘‘(1) who is— who is assigned to the unit to which the order current at that time.’’.

VerDate Sep 11 2014 06:11 Oct 12, 2018 Jkt 089060 PO 00000 Frm 00065 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.056 S11OCPT1 dlhill on DSK3GLQ082PROD with SENATE S6842 CONGRESSIONAL RECORD — SENATE October 11, 2018

SEC. 308. CONFIDENTIAL INVESTIGATIVE EX- (d) CONFORMING AMENDMENTS.—The fol- mits to Congress a budget pursuant to sec- PENSES. lowing provisions are repealed: tion 1105 of title 31, the Commandant shall Section 944 of title 14, United States Code, (1) Section 223 of the Howard Coble Coast submit to the Committee on Transportation is amended by striking ‘‘$45,000’’ and insert- Guard and Maritime Transportation Act of and Infrastructure of the House of Rep- ing ‘‘$250,000’’. 2014 (14 U.S.C. 1152 note), and the item relat- resentatives and the Committee on Com- SEC. 309. REGULAR CAPTAINS; RETIREMENT. ing to that section in the table of contents in merce, Science, and Transportation of the Section 2149(a) of title 14, United States section 2 of such Act. Senate a capital investment plan for the Code, is amended— (2) Section 221(a) of the Coast Guard and Coast Guard that identifies for each capital (1) by striking ‘‘zone is’’ and inserting Maritime Transportation Act of 2012 (14 asset for which appropriations are proposed ‘‘zone, or from being placed at the top of the U.S.C. 1133 note). in that budget— list of selectees promulgated by the Sec- (3) Section 207(a) of the Coast Guard Au- ‘‘(1) the proposed appropriations included retary under section 2121(a) of this title, is’’; thorization Act of 2016 (14 U.S.C. 561 note). in the budget; and (e) INTERNAL REGULATIONS AND POLICY.— ‘‘(2) the total estimated cost of completion (2) by striking the period at the end and in- Not later than 180 days after the date of en- based on the proposed appropriations inserting ‘‘or placed at the top of the list of se- actment of this Act, the Secretary of the de- cluded in the budget; lectees, as applicable.’’. partment in which the Coast Guard is oper- ‘‘(3) projected funding levels for each fiscal SEC. 310. CONVERSION, ALTERATION, AND RE- ating shall establish the internal regulations year for the next 5 fiscal years or until PAIR PROJECTS. and policies necessary to exercise the au- project completion, whichever is earlier; (a) IN GENERAL.—Chapter 9 of title 14, thorities provided under this section, includ- ‘‘(4) an estimated completion date based on United States Code, as amended by this Act, ing the amendments made in this section. the proposed appropriations included in the is further amended by inserting after section (f) MULTIYEAR CONTRACTS.—The Secretary budget; 951 the following: of the department in which the Coast Guard ‘‘(5) an acquisition program baseline, as ap- is operating is authorized to enter into a plicable; and ‘‘§ 952. Construction of Coast Guard vessels multiyear contract for the procurement of a ‘‘(6) projected commissioning and decom- and assignment of vessel projects tenth, eleventh, and twelfth National Secu- missioning dates for each asset.’’; and ‘‘The assignment of Coast Guard vessel rity Cutter and associated government-fur- (2) by striking subsection (c) and inserting conversion, alteration, and repair projects nished equipment. the following: shall be based on economic and military con- SEC. 312. OFFICER PROMOTION ZONES. ‘‘(c) DEFINITIONS.—In this section, the term siderations and may not be restricted by a Section 2111(a) of title 14, United States ‘new capital asset’ means— requirement that certain parts of Coast Code, is amended by striking ‘‘six-tenths.’’ ‘‘(1) an acquisition program that does not Guard shipwork be assigned to a particular and inserting ‘‘one-half.’’. have an approved acquisition program base- type of shipyard or geographical area or by a line; or SEC. 313. CROSS REFERENCE. similar requirement.’’. ‘‘(2) the acquisition of a capital asset in ex- Section 2129(a) of title 14, United States (b) CLERICAL AMENDMENT.—The analysis cess of the number included in the approved Code, is amended by inserting ‘‘designated for chapter 9 of title 14, United States Code, acquisition program baseline.’’. under section 2317’’ after ‘‘cadet’’. is amended by inserting after the item relat- (b) UNFUNDED PRIORITIES.—Chapter 51 of ing to section 951 the following: SEC. 314. COMMISSIONED SERVICE RETIREMENT. title 14, United States Code, is amended by ‘‘952. Construction of Coast Guard vessels For Coast Guard officers who retire in fis- adding at the end the following: cal year 2018 or 2019, the President may re- and assignment of vessel ‘‘§ 5108. Unfunded priorities list duce the period of active commissioned serv- projects.’’. ‘‘(a) IN GENERAL.—Not later than 60 days ice required under section 2152 of title 14, SEC. 311. CONTRACTING FOR MAJOR ACQUISI- after the date on which the President sub- United States Code, to a period of not less TIONS PROGRAMS. mits to Congress a budget pursuant to sec- than 8 years. (a) GENERAL ACQUISITION AUTHORITY.—Sec- tion 1105 of title 31, the Commandant shall tion 501(d) of title 14, United States Code, is SEC. 315. LEAVE FOR BIRTH OR ADOPTION OF submit to the Committee on Transportation CHILD. amended by inserting ‘‘aircraft, and sys- and Infrastructure of the House of Rep- (a) POLICY.—Section 2512 of title 14, United tems,’’ after ‘‘vessels,’’. resentatives and the Committee on Com- States Code, is amended— (b) CONTRACTING AUTHORITY.—Chapter 11 of merce, Science, and Transportation of the title 14, United States Code, as amended by (1) by striking ‘‘Not later than 1 year’’ and Senate a list of each unfunded priority for this Act, is further amended by inserting inserting the following: the Coast Guard. ‘‘(a) IN GENERAL.—Except as provided in after section 1136 the following: ‘‘(b) PRIORITIZATION.—The list required subsection (b), not later than 1 year’’; and under subsection (a) shall present the un- ‘‘§ 1137. Contracting for major acquisitions (2) by adding at the end the following: funded priorities in order from the highest programs ‘‘(b) LEAVE ASSOCIATED WITH BIRTH OR priority to the lowest, as determined by the ‘‘(a) IN GENERAL.—In carrying out authori- ADOPTION OF CHILD.—Notwithstanding sub- Commandant. ties provided to the Secretary to design, con- section (a), sections 701 and 704 of title 10, or ‘‘(c) UNFUNDED PRIORITY DEFINED.—In this struct, accept, or otherwise acquire assets any other provision of law, all officers and section, the term ‘unfunded priority’ means and systems under section 501(d), the Sec- enlisted members of the Coast Guard shall be a program or mission requirement that— retary, acting through the Commandant or authorized leave associated with the birth or ‘‘(1) has not been selected for funding in the head of an integrated program office es- adoption of a child during the 1-year period the applicable proposed budget; tablished for a major acquisition program, immediately following such birth or adop- ‘‘(2) is necessary to fulfill a requirement may enter into contracts for a major acquisition and, at the discretion of the Com- associated with an operational need; and tion program. manding Officer, such officer or enlisted ‘‘(3) the Commandant would have rec- ‘‘(b) AUTHORIZED METHODS.—Contracts en- member shall be permitted— ommended for inclusion in the applicable tered into under subsection (a)— ‘‘(1) to take such leave in increments; and proposed budget had additional resources ‘‘(1) may be block buy contracts; ‘‘(2) to use flexible work schedules (pursu- been available or had the requirement ‘‘(2) may be incrementally funded; ant to a program established by the Sec- emerged before the budget was submitted.’’. ‘‘(3) may include combined purchases, also retary in accordance with chapter 61 of title (c) CLERICAL AMENDMENT.—The analysis known as economic order quantity pur- 5).’’. for chapter 51 of title 14, United States Code, chases, of— (b) FLEXIBLE WORK SCHEDULES.—Not later is amended by adding at the end the fol- ‘‘(A) materials and components; and than 180 days after the date of enactment of lowing: ‘‘(B) long lead time materials; and this Act, the Secretary of the department in ‘‘5108. Unfunded priorities list.’’. ‘‘(4) as provided in section 2306b of title 10, which the Coast Guard is operating shall en- SEC. 318. SAFETY OF VESSELS OF THE ARMED may be multiyear contracts. sure that a flexible work schedule program FORCES. ‘‘(c) SUBJECT TO APPROPRIATIONS.—Any under chapter 61 of title 5, United States (a) IN GENERAL.—Section 527 of title 14, contract entered into under subsection (a) Code, is in place for officers and enlisted United States Code, is amended— shall provide that any obligation of the members of the Coast Guard. (1) in the heading, by striking ‘‘naval ves- United States to make a payment under the SEC. 316. CLOTHING AT TIME OF DISCHARGE. sels’’ and inserting ‘‘vessels of the Armed contract is subject to the availability of Section 2705 of title 14, United States Code, Forces’’; amounts specifically provided in advance for and the item relating to that section in the (2) in subsection (a), by striking ‘‘United that purpose in subsequent appropriations analysis for chapter 27 of that title, are re- States naval vessel’’ and inserting ‘‘vessel of Acts.’’. pealed. the Armed Forces’’; (c) CLERICAL AMENDMENT.—The analysis SEC. 317. UNFUNDED PRIORITIES LIST. (3) in subsection (b)— for chapter 11 of title 14, United States Code, (a) IN GENERAL.—Section 5102 of title 14, (A) by striking ‘‘senior naval officer as amended by this Act, is further amended United States Code, is amended— present in command’’ and inserting ‘‘senior by inserting after the item relating to sec- (1) by striking subsection (a) and inserting officer present in command’’; and tion 1136 the following: the following: (B) by striking ‘‘United States naval ves- ‘‘1137. Contracting for major acquisitions ‘‘(a) IN GENERAL.—Not later than 60 days sel’’ and inserting ‘‘vessel of the Armed programs.’’. after the date on which the President sub- Forces’’; and

VerDate Sep 11 2014 06:11 Oct 12, 2018 Jkt 089060 PO 00000 Frm 00066 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.056 S11OCPT1 dlhill on DSK3GLQ082PROD with SENATE October 11, 2018 CONGRESSIONAL RECORD — SENATE S6843 (4) by adding at the end the following: ‘‘CHAPTER 700—PORTS AND WATERWAYS retary considers necessary for safe operation ‘‘(e) For purposes of this title, the term SAFETY under the circumstances; ‘vessel of the Armed Forces’ means— ‘‘SUBCHAPTER A—VESSEL OPERATIONS ‘‘(5) may require the receipt of prearrival messages from any vessel, destined for a port ‘‘(1) any vessel owned or operated by the ‘‘70001. Vessel traffic services. or place subject to the jurisdiction of the Department of Defense or the Coast Guard, ‘‘70002. Special powers. United States, in sufficient time to permit other than a time- or voyage-chartered ves- ‘‘70003. Port access routes. advance vessel traffic planning before port sel; and ‘‘70004. Considerations by Secretary. ‘‘(2) any vessel owned and operated by the ‘‘70005. International agreements. entry, which shall include any information Department of Transportation that is des- that is not already a matter of record and ‘‘SUBCHAPTER B—PORTS AND WATERWAYS that the Secretary determines necessary for ignated by the Secretary of the department SAFETY in which the Coast Guard is operating as a the control of the vessel and the safety of ‘‘70011. Waterfront safety. vessel equivalent to a vessel described in the port or the marine environment; and ‘‘70012. Navigational hazards. paragraph (1).’’. ‘‘(6) may prohibit the use on vessels of ‘‘70013. Requirement to notify Coast Guard electronic or other devices that interfere (b) CLERICAL AMENDMENT.—The analysis of release of objects into the with communication and navigation equip- for chapter 5 of title 14, United States Code, navigable waters of the United ment, except that such authority shall not is further amended by striking the item re- States. apply to electronic or other devices certified lating to section 527 and inserting the fol- ‘‘SUBCHAPTER C—CONDITION FOR ENTRY INTO to transmit in the maritime services by the lowing: PORTS IN THE UNITED STATES Federal Communications Commission and ‘‘527. Safety of vessels of the Armed ‘‘70021. Conditions for entry to ports in the used within the frequency bands 157.1875– 157.4375 MHz and 161.7875–162.0375 MHz. Forces.’’. united states. ‘‘(b) COOPERATIVE AGREEMENTS.— (c) CONFORMING AMENDMENTS.—Section ‘‘SUBCHAPTER D—DEFINITIONS, REGULATIONS, ‘‘(1) IN GENERAL.—The Secretary may enter 2510(a)(1) of title 14, United States Code, is ENFORCEMENT, INVESTIGATORY POWERS, AP- into cooperative agreements with public or amended— PLICABILITY private agencies, authorities, associations, (1) by striking ‘‘armed forces’’ and insert- ‘‘70031. Definitions. institutions, corporations, organizations, or ing ‘‘Armed Forces’’; and ‘‘70032. Saint Lawrence Seaway. other persons to carry out the functions (2) by striking ‘‘section 101(a) of title 10’’ ‘‘70033. Limitation on application to foreign under subsection (a)(1). and inserting ‘‘section 527(e)’’. vessels. ‘‘(2) LIMITATION.— SEC. 319. AIR FACILITIES. ‘‘70034. Regulations. ‘‘(A) A nongovernmental entity may not ‘‘70035. Investigatory powers. under this subsection carry out an inher- Section 912 of title 14, United States Code, ‘‘70036. Enforcement. ently governmental function. is amended— ‘‘(B) As used in this paragraph, the term (1) by striking subsection (a); ‘‘SUBCHAPTER I—VESSEL OPERATIONS ‘inherently governmental function’ means (2) by redesignating subsections (b) and (c) ‘‘§ 70001. Vessel traffic services any activity that is so intimately related to as subsections (a) and (b), respectively; ‘‘(a) Subject to the requirements of section the public interest as to mandate perform- (3) in subsection (a) as redesignated— 70004, the Secretary— ance by an officer or employee of the Federal (A) by amending paragraph (3) to read as ‘‘(1) in any port or place under the jurisdic- Government, including an activity that re- follows: tion of the United States, in the navigable quires either the exercise of discretion in ap- ‘‘(3) PUBLIC NOTICE AND COMMENT.— waters of the United States, or in any area plying the authority of the Government or ‘‘(A) IN GENERAL.—Prior to closing an air covered by an international agreement nego- the use of judgment in making a decision for facility, the Secretary shall provide opportu- tiated pursuant to section 70005, may con- the Government. nities for public comment, including the construct, operate, maintain, improve, or ex- ‘‘(c) LIMITATION OF LIABILITY FOR COAST vening of public meetings in communities in pand vessel traffic services, that consist of GUARD VESSEL TRAFFIC SERVICE PILOTS AND the area of responsibility of the air facility measures for controlling or supervising ves- NON-FEDERAL VESSEL TRAFFIC SERVICE OP- with regard to the proposed closure or ces- sel traffic or for protecting navigation and ERATORS.— sation of operations at the air facility. the marine environment and that may in- ‘‘(1) COAST GUARD VESSEL TRAFFIC SERVICE ‘‘(B) PUBLIC MEETINGS.—Prior to convening clude one or more of reporting and operating PILOTS.—Any pilot, acting in the course and a public meeting under subparagraph (A), the requirements, surveillance and communica- scope of his or her duties while at a Coast Secretary shall notify each congressional of- tions systems, routing systems, and fair- Guard Vessel Traffic Service, who provides fice representing any portion of the area of ways; information, advice, or communication as- responsibility of the air station that is the ‘‘(2) shall require appropriate vessels that sistance while under the supervision of a subject to such public meeting of the sched- operate in an area of a vessel traffic service Coast Guard officer, member, or employee ule and location of such public meeting.’’; to utilize or comply with that service; shall not be liable for damages caused by or (B) in paragraph (4)— ‘‘(3)(A) may require vessels to install and related to such assistance unless the acts or (i) in the matter preceding subparagraph use specified navigation equipment, commu- omissions of such pilot constitute gross neg- (A) by striking ‘‘2015’’ and inserting ‘‘2017’’; nications equipment, electronic relative mo- ligence or willful misconduct. and tion analyzer equipment, or any electronic ‘‘(2) NON-FEDERAL VESSEL TRAFFIC SERVICE (ii) by amending subparagraph (A) to read or other device necessary to comply with a OPERATORS.—An entity operating a non-Fed- as follows: vessel traffic service or that is necessary in eral vessel traffic information service or ad- ‘‘(A) submit to the Congress a proposal for the interests of vessel safety. visory service pursuant to a duly executed such closure, cessation, or reduction in oper- ‘‘(B) Notwithstanding subparagraph (A), written agreement with the Coast Guard, ations along with the budget of the Presi- the Secretary shall not require fishing ves- and any pilot acting on behalf of such entity, dent submitted to Congress under section sels under 300 gross tons as measured under is not liable for damages caused by or related 1105(a) of title 31 that includes— section 14502, or an alternate tonnage meas- to information, advice, or communication ‘‘(i) a discussion of the determination made ured under section 14302 as prescribed by the assistance provided by such entity or pilot by the Secretary pursuant to paragraph (2); Secretary under section 14104, or rec- while so operating or acting unless the acts and reational vessels 65 feet or less to possess or or omissions of such entity or pilot con- ‘‘(ii) a report summarizing the public com- use the equipment or devices required by stitute gross negligence or willful mis- ments received by the Secretary under para- this subsection solely under the authority of conduct. graph (3)’’; and this chapter; ‘‘§ 70002. Special powers (C) by adding at the end the following: ‘‘(4) may control vessel traffic in areas sub- ‘‘The Secretary may order any vessel, in a ‘‘(5) CONGRESSIONAL REVIEW.—The Sec- ject to the jurisdiction of the United States port or place subject to the jurisdiction of retary may not close, cease operations, or that the Secretary determines to be haz- the United States or in the navigable waters significantly reduce personnel and use of a ardous, or under conditions of reduced visi- of the United States, to operate or anchor in Coast Guard air facility for which a written bility, adverse weather, vessel congestion, or a manner the Secretary directs if— notice is provided under paragraph (4)(A) other hazardous circumstances, by— ‘‘(1) the Secretary has reasonable cause to until a period of 18 months beginning on the ‘‘(A) specifying times of entry, movement, believe such vessel does not comply with any date on which such notice is provided has or departure; regulation issued under section 70034 or any elapsed.’’. ‘‘(B) establishing vessel traffic routing other applicable law or treaty; TITLE IV—PORTS AND WATERWAYS schemes; ‘‘(2) the Secretary determines such vessel SAFETY ‘‘(C) establishing vessel size, speed, or draft does not satisfy the conditions for port entry limitations and vessel operating conditions; set forth in section 70021 of this title; or SEC. 401. CODIFICATION OF PORTS AND WATER- and ‘‘(3) by reason of weather, visibility, sea WAYS SAFETY ACT. ‘‘(D) restricting operation, in any haz- conditions, port congestion, other hazardous (a) CODIFICATION.—Subtitle VII of title 46, ardous area or under hazardous conditions, circumstances, or the condition of such ves- United States Code, is amended by inserting to vessels that have particular operating sel, the Secretary is satisfied such direction before chapter 701 the following: characteristics or capabilities that the Sec- is justified in the interest of safety.

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Port access routes spectively, in waters where such regulations ‘‘(1) enter into negotiations and conclude ‘‘(a) AUTHORITY TO DESIGNATE.—Except as apply; and execute agreements with neighboring provided in subsection (b) and subject to the ‘‘(2) to the extent that the Secretary finds nations, to establish compatible vessel requirements of subsection (c), in order to reasonable and necessary to effectuate the standards and vessel traffic services, and to provide safe access routes for the movement purposes of the designation, make the use of establish, operate, and maintain inter- of vessel traffic proceeding to or from ports designated fairways and traffic separation national vessel traffic services, in areas and or places subject to the jurisdiction of the schemes mandatory for specific types and under circumstances of mutual concern; and United States, the Secretary shall designate sizes of vessels, foreign and domestic, oper- ‘‘(2) enter into negotiations, through ap- necessary fairways and traffic separation ating in the territorial sea of the United propriate international bodies, and conclude schemes for vessels operating in the terri- States and for specific types and sizes of ves- and execute agreements to establish vessel torial sea of the United States and in high sels of the United States operating on the traffic services in appropriate areas of the seas approaches, outside the territorial sea, high seas beyond the territorial sea of the high seas. to such ports or places. Such a designation United States; ‘‘(c) OPERATIONS.—The Secretary, pursuant shall recognize, within the designated area, ‘‘(3) may, from time to time, as necessary, to any agreement negotiated under sub- the paramount right of navigation over all adjust the location or limits of designated section (b) that is binding upon the United other uses. fairways or traffic separation schemes in States in accordance with constitutional re- ‘‘(b) LIMITATION.— order to accommodate the needs of other quirements, may— ‘‘(1) IN GENERAL.—No designation may be uses that cannot be reasonably accommo- ‘‘(1) require vessels operating in an area of made by the Secretary under this section if— dated otherwise, except that such an adjust- a vessel traffic service to utilize or to com- ‘‘(A) the Secretary determines such a des- ment may not, in the judgment of the Sec- ply with the vessel traffic service, including ignation, as implemented, would deprive any retary, unacceptably adversely affect the the carrying or installation of equipment person of the effective exercise of a right purpose for which the existing designation and devices as necessary for the use of the granted by a lease or permit executed or was made and the need for which continues; service; and issued under other applicable provisions of and ‘‘(2) waive, by order or regulation, the ap- law; and ‘‘(4) shall, through appropriate channels— plication of any United States law or regula- ‘‘(B) such right has become vested before ‘‘(A) notify cognizant international organi- tion concerning the design, construction, op- the time of publication of the notice re- zations of any designation, or adjustment eration, equipment, personnel qualifications, quired by paragraph (1) of subsection (c). thereof; and and manning standards for vessels operating ‘‘(2) CONSULTATION REQUIRED.—The Sec- ‘‘(B) take action to seek the cooperation of in waters over which the United States exer- retary shall make the determination under foreign States in making it mandatory for cises jurisdiction if such vessel is not en paragraph (1)(A) after consultation with the vessels under their control to use, to the route to or from a United States port or head of the agency responsible for executing same extent as required by the Secretary for place, and if vessels en route to or from a the lease or issuing the permit. vessels of the United States, any fairway or United States port or place are accorded ‘‘(c) CONSIDERATION OF OTHER USES.—Be- traffic separation scheme designated under equivalent waivers of laws and regulations of fore making a designation under subsection this section in any area of the high seas. the neighboring nation, when operating in (a), and in accordance with the requirements ‘‘§ 70004. Considerations by Secretary waters over which that nation exercises jurisdiction. of section 70004, the Secretary shall— ‘‘In carrying out the duties of the Sec- ‘‘(1) undertake a study of the potential ‘‘(d) SHIP REPORTING SYSTEMS.—The Sec- retary under sections 70001, 70002, and 70003, retary, in cooperation with the International traffic density and the need for safe access the Secretary shall— routes for vessels in any area for which fair- Maritime Organization, may implement and ‘‘(1) take into account all relevant factors enforce two mandatory ship reporting sys- ways or traffic separation schemes are pro- concerning navigation and vessel safety, proposed or that may otherwise be considered tems, consistent with international law, tection of the marine environment, and the with respect to vessels subject to such re- and publish notice of such undertaking in safety and security of United States ports the Federal Register; porting systems entering the following areas and waterways, including— of the Atlantic Ocean: ‘‘(2) in consultation with the Secretary of ‘‘(A) the scope and degree of the risk or State, the Secretary of the Interior, the Sec- ‘‘(1) Cape Cod Bay, Massachusetts Bay, and hazard involved; Great South Channel (in the area generally retary of Commerce, the Secretary of the ‘‘(B) vessel traffic characteristics and Army, and the Governors of affected States, bounded by a line starting from a point on trends, including traffic volume, the sizes ′ as their responsibilities may require, take Cape Ann, Massachusetts at 42 deg. 39 N., 70 and types of vessels involved, potential in- ′ ′ into account all other uses of the area under deg. 37 W; then northeast to 42 deg. 45 N., 70 terference with the flow of commercial traf- ′ ′ consideration, including, as appropriate, the deg. 13 W; then southeast to 42 deg. 10 N., 68 fic, the presence of any unusual cargoes, and ′ ′ exploration for, or exploitation of, oil, gas, deg. 31 W, then south to 41 deg. 00 N., 68 deg. other similar factors; ′ ′ ′ or other mineral resources, the construction 31 W; then west to 41 deg. 00 N., 69 deg. 17 ‘‘(C) port and waterway configurations and ′ ′ or operation of deepwater ports or other W; then northeast to 42 deg. 05 N., 70 deg. 02 variations in local conditions of geography, ′ ′ structures on or above the seabed or subsoil W, then west to 42 deg. 04 N., 70 deg. 10 W; climate, and other similar factors; and then along the Massachusetts shoreline of the submerged lands or the Outer Conti- ‘‘(D) the need for granting exemptions for nental Shelf of the United States, the estab- of Cape Cod Bay and Massachusetts Bay the installation and use of equipment or de- ′ lishment or operation of marine or estuarine back to the point on Cape Ann at 42 deg. 39 vices for use with vessel traffic services for ′ sanctuaries, and activities involving rec- N., 70 deg. 37 W). certain classes of small vessels, such as self- ‘‘(2) In the coastal waters of the South- reational or commercial fishing; and propelled fishing vessels and recreational ‘‘(3) to the extent practicable, reconcile eastern United States within about 25 nm vessels; along a 90 nm stretch of the Atlantic sea- the need for safe access routes with the ‘‘(E) the proximity of fishing grounds, oil needs of all other reasonable uses of the area board (in an area generally extending from and gas drilling and production operations, ′ involved. the shoreline east to longitude 80 deg. 51.6 W or any other potential or actual conflicting with the southern and northern boundary at ‘‘(d) STUDY.—In carrying out the Sec- activity; ′ ′ retary’s responsibilities under subsection (c), latitudes 30 deg. 00 N., 31 deg. 27 N., respec- ‘‘(F) environmental factors; tively). the Secretary shall— ‘‘(G) economic impact and effects; ‘‘(1) proceed expeditiously to complete any ‘‘SUBCHAPTER II—PORTS AND ‘‘(H) existing vessel traffic services; and WATERWAYS SAFETY study undertaken; and ‘‘(I) local practices and customs, including ‘‘(2) after completion of such a study, voluntary arrangements and agreements ‘‘§ 70011. Waterfront safety promptly— within the maritime community; and ‘‘(a) IN GENERAL.—The Secretary may take ‘‘(A) issue a notice of proposed rulemaking ‘‘(2) at the earliest possible time, consult such action as is necessary to— for the designation contemplated; or with and receive and consider the views of ‘‘(1) prevent damage to, or the destruction ‘‘(B) publish in the Federal Register a no- representatives of the maritime community, of, any bridge or other structure on or in the tice that no designation is contemplated as a ports and harbor authorities or associations, navigable waters of the United States, or result of the study and the reason for such environmental groups, and other persons any land structure or shore area imme- determination. who may be affected by the proposed actions. diately adjacent to such waters; and ‘‘(e) IMPLEMENTATION OF DESIGNATION.—In ‘‘(2) protect the navigable waters and the connection with a designation made under ‘‘§ 70005. International agreements resources therein from harm resulting from this section, the Secretary— ‘‘(a) TRANSMITTAL OF REGULATIONS.—The vessel or structure damage, destruction, or ‘‘(1) shall issue reasonable rules and regu- Secretary shall transmit, via the Secretary loss. lations governing the use of such designated of State, to appropriate international bodies ‘‘(b) ACTIONS AUTHORIZED.—Actions au- areas, including rules and regulations re- or forums, any regulations issued under this thorized by subsection (a) include— garding the applicability of rules 9 and 10 of subchapter, for consideration as inter- ‘‘(1) establishing procedures, measures, and the International Regulations for Preventing national standards. standards for the handling, loading, unload- Collisions at Sea, 1972, relating to narrow ‘‘(b) AGREEMENTS.—The President is au- ing, storage, stowage, and movement on a channels and traffic separation schemes, re- thorized and encouraged to— structure (including the emergency removal,

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Saint Lawrence Seaway other dangerous articles and substances, in- incidents, or serious repair problems that, as ‘‘The authority granted to the Secretary cluding oil or hazardous material as those determined by the Secretary, creates reason under sections 70001, 70002, 70003, 70004, and terms are defined in section 2101; to believe that such vessel may be unsafe or 70011 may not be delegated with respect to ‘‘(2) prescribing minimum safety equip- may create a threat to the marine environ- the Saint Lawrence Seaway to any agency ment requirements for a structure to assure ment; other than the Saint Lawrence Seaway De- adequate protection from fire, explosion, ‘‘(2) fails to comply with any applicable velopment Corporation. Any other authority natural disaster, and other serious accidents regulation issued under section 70034, chap- granted the Secretary under subchapters A or casualties; ter 37, or any other applicable law or treaty; through C and this subchapter shall be dele- ‘‘(3) establishing water or waterfront safe- ‘‘(3) discharges oil or hazardous material in gated by the Secretary to the Saint Law- ty zones, or other measures, for limited, con- violation of any law of the United States or rence Seaway Development Corporation to trolled, or conditional access and activity in a manner or quantities inconsistent with the extent the Secretary determines such when necessary for the protection of any ves- any treaty to which the United States is a delegation is necessary for the proper oper- sel, structure, waters, or shore area; and party; ation of the Saint Lawrence Seaway. ‘‘(4) establishing procedures for examina- ‘‘(4) does not comply with any applicable ‘‘§ 70033. Limitation on application to foreign tion to assure compliance with the require- vessel traffic service requirements; vessels ments prescribed under this section. ‘‘(5) is manned by one or more officers who ‘‘Except pursuant to international treaty, ‘‘(c) STATE LAW.—Nothing in this section, are licensed by a certificating State that the with respect to structures, prohibits a State Secretary has determined, pursuant to sec- convention, or agreement, to which the or political subdivision thereof from pre- tion 9101 of title 46, does not have standards United States is a party, subchapters A scribing higher safety equipment require- for licensing and certification of seafarers through C and this subchapter shall not ments or safety standards than those that that are comparable to or more stringent apply to any foreign vessel that is not des- may be prescribed by regulations under this than United States standards or inter- tined for, or departing from, a port or place section. national standards that are accepted by the subject to the jurisdiction of the United States and that is in— ‘‘§ 70012. Navigational hazards United States; ‘‘(1) innocent passage through the terri- ‘‘(a) REPORTING PROCEDURE.—The Sec- ‘‘(6) is not manned in compliance with torial sea of the United States; or retary shall establish a program to encour- manning levels as determined by the Sec- ‘‘(2) transit through the navigable waters age fishermen and other vessel operators to retary to be necessary to insure the safe of the United States that form a part of an report potential or existing navigational navigation of the vessel; or international strait. hazards involving pipelines to the Secretary ‘‘(7) while underway, does not have at least through Coast Guard field offices. one licensed deck officer on the navigation ‘‘§ 70034. Regulations ‘‘(b) SECRETARY’S RESPONSE.— bridge who is capable of clearly under- ‘‘(a) IN GENERAL.—In accordance with sec- ‘‘(1) NOTIFICATION BY THE OPERATOR OF A standing English. tion 553 of title 5, the Secretary shall issue, PIPELINE.—Upon notification by the operator ‘‘(b) EXCEPTIONS.— and may from time to time amend or repeal, of a pipeline of a hazard to navigation with ‘‘(1) IN GENERAL.—The Secretary may allow regulations necessary to implement sub- respect to that pipeline, the Secretary shall provisional entry of a vessel that is not in chapters A through C and this subchapter. immediately notify Coast Guard head- compliance with subsection (a), if the owner ‘‘(b) CONSULTATION.—In the exercise of the quarters, the Pipeline and Hazardous Mate- or operator of such vessel proves, to the sat- regulatory authority under subchapters A rials Safety Administration, other affected isfaction of the Secretary, that such vessel is through C and this subchapter, the Secretary Federal and State agencies, and vessel own- not unsafe or a threat to the marine environ- shall consult with, and receive and consider ers and operators in the pipeline’s vicinity. ment, and if such entry is necessary for the the views of all interested persons, includ- ‘‘(2) NOTIFICATION BY OTHER PERSONS.— safety of the vessel or persons aboard. ing— Upon notification by any other person of a ‘‘(2) PROVISIONS NOT APPLICABLE.—Para- ‘‘(1) interested Federal departments and hazard or potential hazard to navigation graphs (1), (2), (3), and (4) of subsection (a) of agencies; with respect to a pipeline, the Secretary this section shall not apply to a vessel al- ‘‘(2) officials of State and local govern- shall promptly determine whether a hazard lowed provisional entry under paragraph (1) ments; exists, and if so shall immediately notify if the owner or operator of such vessel ‘‘(3) representatives of the maritime com- Coast Guard headquarters, the Pipeline and proves, to the satisfaction of the Secretary, munity; Hazardous Materials Safety Administration, that such vessel is no longer unsafe or a ‘‘(4) representatives of port and harbor au- other affected Federal and State agencies, threat to the marine environment, and is no thorities or associations; vessel owners and operators in the pipeline’s longer in violation of any applicable law, ‘‘(5) representatives of environmental vicinity, and the owner and operator of the treaty, regulation, or condition, as appro- groups; pipeline. priate. ‘‘(6) any other interested persons who are ‘‘(c) PIPELINE DEFINED.—For purposes of knowledgeable or experienced in dealing this section, the term ‘pipeline’ has the ‘‘SUBCHAPTER IV—DEFINITIONS, REGU- with problems involving vessel safety, port meaning given the term ‘pipeline facility’ in LATIONS, ENFORCEMENT, INVESTIGA- and waterways safety, and protection of the section 60101(a)(18) of title 49. TORY POWERS, APPLICABILITY marine environment; and ‘‘§ 70013. Requirement to notify Coast Guard ‘‘§ 70031. Definitions ‘‘(7) advisory committees consisting of all of release of objects into the navigable ‘‘As used in subchapters A through C and interested segments of the public when the waters of the United States this subchapter, unless the context other- establishment of such committees is consid- ‘‘(a) REQUIREMENT.—As soon as a person wise requires: ered necessary because the issues involved has knowledge of any release from a vessel ‘‘(1) The term ‘marine environment’ are highly complex or controversial. or facility into the navigable waters of the means— ‘‘§ 70035. Investigatory powers United States of any object that creates an ‘‘(A) the navigable waters of the United ‘‘(a) SECRETARY.—The Secretary may in- obstruction prohibited under section 10 of States and the land and resources therein vestigate any incident, accident, or act in- the Act of March 3, 1899, popularly known as and thereunder; volving the loss or destruction of, or damage the Rivers and Harbors Appropriations Act ‘‘(B) the waters and fishery resources of to, any structure subject to subchapters A of 1899 (33 U.S.C. 403), such person shall no- any area over which the United States as- through C and this subchapter, or that af- tify the Secretary and the Secretary of the serts exclusive fishery management author- fects or may affect the safety or environ- Army of such release. ity; mental quality of the ports, harbors, or navi- ‘‘(b) RESTRICTION ON USE OF NOTIFICA- ‘‘(C) the seabed and subsoil of the Outer gable waters of the United States. TION.—Any notification provided by an indi- Continental Shelf of the United States, the ‘‘(b) POWERS.—In an investigation under vidual in accordance with subsection (a) may resources thereof, and the waters this section, the Secretary may issue sub- not be used against such individual in any superjacent thereto; and poenas to require the attendance of wit- criminal case, except a prosecution for per- ‘‘(D) the recreational, economic, and scenic nesses and the production of documents or jury or for giving a false statement. values of such waters and resources. other evidence relating to such incident, ac- ‘‘SUBCHAPTER III—CONDITION FOR ‘‘(2) The term ‘Secretary’ means the Sec- cident, or act. If any person refuses to obey ENTRY INTO PORTS IN THE UNITED retary of the department in which the Coast a subpoena, the Secretary may request the STATES Guard is operating, except that such term Attorney General to invoke the aid of the ‘‘§ 70021. Conditions for entry to ports in the means the Secretary of Transportation with appropriate district court of the United United States respect to the application of this chapter to States to compel compliance with the sub- ‘‘(a) IN GENERAL.—No vessel that is subject the Saint Lawrence Seaway. poena. Any district court of the United to chapter 37 shall operate in the navigable ‘‘(3) The term ‘navigable waters of the States may, in the case of refusal to obey a waters of the United States or transfer cargo United States’ includes all waters of the ter- subpoena, issue an order requiring compli- or residue in any port or place under the ju- ritorial sea of the United States as described ance with the subpoena, and failure to obey risdiction of the United States, if such ves- in Presidential Proclamation No. 5928 of De- the order may be punished by the court as sel— cember 27, 1988. contempt. Witnesses may be paid fees for

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travel and attendance at rates not exceeding to such vessel refuse or revoke any clearance (2) TITLE 46 PROVISION.—The term ‘‘title 46 those allowed in a district court of the required by section 60105 of title 46. provision’’ means a provision of title 46, United States. ‘‘(2) GRANTING CLEARANCE REFUSED OR RE- United States Code, that is enacted by sec- ‘‘§ 70036. Enforcement VOKED.—Clearance refused or revoked under tion 402. this subsection may be granted upon filing of (b) CUTOFF DATE.—The title 46 provisions ‘‘(a) CIVIL PENALTY.— a bond or other surety satisfactory to the replace certain provisions of law enacted be- ‘‘(1) IN GENERAL.—Any person who is found fore the date of the enactment of this Act. If by the Secretary, after notice and an oppor- Secretary.’’. (b) CLERICAL AMENDMENT.—The analysis at a law enacted after that date amends or re- tunity for a hearing, to have violated sub- the beginning of such subtitle is amended by peals a source provision, that law is deemed chapters A through C or this subchapter or a inserting before the item relating to chapter to amend or repeal, as the case may be, the regulation issued under subchapters A 701 the following: corresponding title 46 provision. If a law en- through C or this subchapter shall be liable acted after that date is otherwise incon- to the United States for a civil penalty, not ‘‘700. Ports and Waterways Safety .....70001.’’. sistent with a title 46 provision or a provi- to exceed $25,000 for each violation. Each day SEC. 402. CONFORMING AMENDMENTS. sion of this title, that law supersedes the of a continuing violation shall constitute a (a) ELECTRONIC CHARTS.— title 46 provision or provision of this title to separate violation. The amount of such civil (1) TRANSFER OF PROVISION.—Section 4A of the extent of the inconsistency. penalty shall be assessed by the Secretary, the Ports and Waterways Safety Act (33 (c) ORIGINAL DATE OF ENACTMENT UN- or the Secretary’s designee, by written no- U.S.C. 1223a)— (A) is redesignated as section 3105 of title CHANGED.—For purposes of determining tice. In determining the amount of such pen- whether one provision of law supersedes an- alty, the Secretary shall take into account 46, United States Code, and transferred to appear after section 3104 of that title; and other based on enactment later in time, a the nature, circumstances, extent, and grav- title 46 provision is deemed to have been en- ity of the prohibited acts committed and, (B) is amended by striking subsection (b) and inserting the following: acted on the date of enactment of the source with respect to the violator, the degree of provision that the title 46 provision replaces. culpability, any history of prior offenses, ‘‘(b) LIMITATION ON APPLICATION.—Except pursuant to an international treaty, conven- (d) REFERENCES TO TITLE 46 PROVISIONS.—A ability to pay, and such other matters as jus- reference to a title 46 provision, including a tice may require. tion, or agreement, to which the United States is a party, this section shall not apply reference in a regulation, order, or other law, ‘‘(2) COMPROMISE, MODIFICATION, OR REMIS- is deemed to refer to the corresponding SION.—The Secretary may compromise, mod- to any foreign vessel that is not destined for, or departing from, a port or place subject to source provision. ify, or remit, with or without conditions, (e) REFERENCES TO SOURCE PROVISIONS.—A the jurisdiction of the United States and any civil penalty that is subject to imposi- reference to a source provision, including a that is in— tion or that has been imposed under this sec- reference in a regulation, order, or other law, ‘‘(1) innocent passage through the terri- tion. is deemed to refer to the corresponding title torial sea of the United States; or ‘‘(3) FAILURE TO PAY PENALTY.—If any per- 46 provision. ‘‘(2) transit through the navigable waters son fails to pay an assessment of a civil pen- (f) REGULATIONS, ORDERS, AND OTHER AD- of the United States that form a part of an alty after it has become final, the Secretary MINISTRATIVE ACTIONS.—A regulation, order, may refer the matter to the Attorney Gen- international strait.’’. or other administrative action in effect LERICAL AMENDMENT.—The analysis at eral of the United States, for collection in (2) C under a source provision continues in effect the beginning of chapter 31 of such title is any appropriate district court of the United under the corresponding title 46 provision. States. amended by adding at the end the following: (g) ACTIONS TAKEN AND OFFENSES COM- ‘‘(b) CRIMINAL PENALTY.— ‘‘3105. Electronic charts.’’. MITTED.—An action taken or an offense com- ‘‘(1) CLASS D FELONY.—Any person who (b) PORT, HARBOR, AND COASTAL FACILITY mitted under a source provision is deemed to willfully and knowingly violates subchapters SECURITY.— have been taken or committed under the cor- A through C or this subchapter or any regu- (1) TRANSFER OF PROVISIONS.—So much of responding title 46 provision. lation issued thereunder commits a class D section 7 of the Ports and Waterways Safety SEC. 404. RULE OF CONSTRUCTION. felony. Act (33 U.S.C. 1226) as precedes subsection (c) This title, including the amendments made ‘‘(2) CLASS C FELONY.—Any person who, in of that section is redesignated as section by this title, is intended only to transfer pro- the willful and knowing violation of sub- 70116 of title 46, United States Code, and visions of the Ports and Waterways Safety chapters A through C or this subchapter or transferred to section 70116 of that title. Act to title 46, United States Code, and may of any regulation issued thereunder, uses a (2) DEFINITIONS, ADMINISTRATION, AND EN- not be construed to alter— dangerous weapon, or engages in conduct FORCEMENT.—Section 70116 of title 46, United (1) the effect of a provision of the Ports that causes bodily injury or fear of imminent States Code, as amended by paragraph (1) of and Waterways Safety Act, including any au- bodily injury to any officer authorized to en- this subsection, is amended by adding at the thority or requirement therein; force the provisions of such a subchapter or end the following: (2) a department or agency interpretation the regulations issued under such sub- ‘‘(c) DEFINITIONS, ADMINISTRATION, AND EN- with respect to the Ports and Waterways chapter, commits a class C felony. FORCEMENT.—This section shall be treated as Safety Act; or ‘‘(c) IN REM LIABILITY.—Any vessel that is part of chapter 700 for purposes of sections (3) a judicial interpretation with respect to used in violation of subchapters A, B, or C or 70031, 70032, 70034, 70035, and 70036.’’. the Ports and Waterways Safety Act. (3) CLERICAL AMENDMENT.—The analysis at this subchapter, or any regulations issued SEC. 405. ADVISORY COMMITTEE: REPEAL. the beginning of chapter 701 of such title is under such subchapter, shall be liable in rem Section 18 of the Coast Guard Authoriza- amended by striking the item relating to for any civil penalty assessed pursuant to tion Act of 1991 (Public Law 102–241; 105 Stat. section 70116 and inserting the following: subsection (a) and may be proceeded against 2213) is repealed. in the United States district court for any ‘‘70116. Port, harbor, and coastal facility se- SEC. 406. REGATTAS AND MARINE PARADES. district in which such vessel may be found. curity.’’. (a) IN GENERAL.—Chapter 700 of title 46, ‘‘(d) INJUNCTION.—The United States dis- (c) NONDISCLOSURE OF PORT SECURITY United States Code, as established by section trict courts shall have jurisdiction to re- PLANS.—Subsection (c) of section 7 of the 401 of this Act, is amended by adding at the strain violations of subchapter A, B, or C or Ports and Waterways Safety Act (33 U.S.C. end the following: this subchapter or of regulations issued 1226), as so designated before the application under such subchapter, for cause shown. of subsection (b)(1) of this section— ‘‘SUBCHAPTER V—REGATTAS AND ‘‘(e) DENIAL OF ENTRY.—Except as provided (1) is redesignated as subsection (f) of sec- MARINE PARADES in section 70021, the Secretary may, subject tion 70103 of title 46, United States Code, and ‘‘§ 70041. Regattas and marine parades to recognized principles of international law, transferred so as to appear after subsection ‘‘(a) IN GENERAL.—The Commandant of the deny entry by any vessel that is not in com- (e) of such section; and Coast Guard may issue regulations to pro- pliance with subchapter A, B, or C or this (2) is amended by striking ‘‘this Act’’ and mote the safety of life on navigable waters subchapter or the regulations issued under inserting ‘‘this chapter’’. during regattas or marine parades. such subchapter— (d) REPEAL.—Section 2307 of title 46, United ‘‘(b) DETAIL AND USE OF VESSELS.—To en- ‘‘(1) into the navigable waters of the States Code, and the item relating to that force regulations issued under this section— United States; or section in the analysis at the beginning of ‘‘(1) the Commandant may detail any pub- ‘‘(2) to any port or place under the jurisdic- chapter 23 of that title, are repealed. lic vessel in the service of the Coast Guard tion of the United States. (e) REPEAL.—The Ports and Waterways and make use of any private vessel tendered ‘‘(f) WITHHOLDING OF CLEARANCE.— Safety Act (33 U.S.C. 1221–1231, 1232–1232b), as gratuitously for that purpose; and ‘‘(1) IN GENERAL.—If any owner, operator, amended by this Act, is repealed. ‘‘(2) upon the request of the Commandant, or individual in charge of a vessel is liable SEC. 403. TRANSITIONAL AND SAVINGS PROVI- the head of any other Federal department or for a penalty or fine under this section, or if SIONS. agency may enforce the regulations by reasonable cause exists to believe that the (a) DEFINITIONS.—In this section: means of any public vessel of such depart- owner, operator, or individual in charge may (1) SOURCE PROVISION.—The term ‘‘source ment and any private vessel tendered gratu- be subject to a penalty or fine under this sec- provision’’ means a provision of law that is itously for that purpose. tion, the Secretary of the Treasury, upon the replaced by a title 46 provision under this ‘‘(c) TRANSFER OF AUTHORITY.—The author- request of the Secretary, shall with respect title. ity of the Commandant under this section

VerDate Sep 11 2014 06:11 Oct 12, 2018 Jkt 089060 PO 00000 Frm 00070 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.056 S11OCPT1 dlhill on DSK3GLQ082PROD with SENATE October 11, 2018 CONGRESSIONAL RECORD — SENATE S6847 may be transferred by the President for any (1) by striking the section designation and and chapter 700 to avoid disruption and special occasion to the head of another Fed- all that follows before ‘‘agent,’’ and inserting undue expense to industry. eral department or agency whenever in the the following: ‘‘(2)(A) Subject to subparagraph (B), in the President’s judgment such transfer is desir- ‘‘§ 70052. Seizure and forfeiture of vessel; fine event of a disagreement regarding the condi- able. and imprisonment tion of a vessel or the interpretation of a ‘‘(d) PENALTIES.— regulation or standard referred to in sub- ‘‘(a) IN GENERAL.—If any owner,’’; N GENERAL.—For any violation of reg- section (a) between a local Officer in Charge, ‘‘(1) I (2) by striking ‘‘this title’’ each place it ap- ulations issued pursuant to this section the Marine Inspection conducting an inspection pears and inserting ‘‘this subchapter’’; and following penalties shall be incurred: of the vessel and the Officer in Charge, Ma- (3) by transferring the section so that the ‘‘(A) A licensed officer shall be liable to rine Inspection that issued the most recent section appears after section 70051 of title 46, suspension or revocation of license in the certificate of inspection for the vessel, such United States Code (as transferred by sub- manner prescribed by law for incompetency Officers shall seek to resolve such disagree- section (b) of this section). or misconduct. ment. (d) ENFORCEMENT PROVISIONS.—Section 4 of ‘‘(B) Any person in charge of the naviga- ‘‘(B) If a disagreement described in subtitle II of the Act of June 15, 1917 (40 Stat. paragraph (A) involves vessel design or plan tion of a vessel other than a licensed officer 220, chapter 30; 50 U.S.C. 194), is amended— shall be liable to a penalty of $5,000. review, the Coast Guard marine safety cen- (1) by striking all before ‘‘may employ’’ ter shall be included in all efforts to resolve ‘‘(C) The owner of a vessel (including any and inserting the following: corporate officer of a corporation owning the such disagreement. ‘‘(C) If a disagreement described in sub- vessel) actually on board shall be liable to a ‘‘§ 70053. Enforcement provisions paragraph (A) or (B) cannot be resolved, the penalty of $5,000, unless the violation of reg- ‘‘The President’’; local Officer in Charge, Marine Inspection ulations occurred without the owner’s (2) by striking ‘‘the purpose of this title’’ shall submit to the Commandant of the knowledge. and inserting ‘‘this subchapter’’; and Coast Guard, through the cognizant Coast ‘‘(D) Any other person shall be liable to a (3) by transferring the section so that the Guard district commander, a request for a penalty of $2,500. section appears after section 70052 of title 46, final agency determination of the matter in ‘‘(2) MITIGATION OR REMISSION.—The Com- United States Code (as transferred by subsection (c) of this section). disagreement. mandant may mitigate or remit any penalty ‘‘(3) The Commandant of the Coast Guard (e) CLERICAL AMENDMENT.—The analysis provided for in this subsection in the manner shall— for chapter 700 of title 46, United States prescribed by law for the mitigation or re- ‘‘(A) provide to each person affected by a Code, as established by section 401 of this mission of penalties for violation of the navi- decision or action by an Officer in Charge, Act, is amended by adding at the end the fol- gation laws.’’. Marine Inspection or by the Coast Guard ma- lowing: (b) CLERICAL AMENDMENT.—The analysis rine safety center all information necessary for chapter 700 of title 46, United States ‘‘SUBCHAPTER F—REGULATION OF VESSELS IN for such person to exercise any right to ap- Code, as established by section 401 of this TERRITORIAL WATERS OF UNITED STATES peal such decision or action; and Act, is amended by adding at the end the fol- ‘‘70051. Regulation of anchorage and move- ‘‘(B) if such an appeal is filed, process such lowing: ment of vessels during national appeal under parts 1 through 4 of title 46, ‘‘SUBCHAPTER E—REGATTAS AND MARINE emergency. Code of Federal Regulations, as in effect on PARADES ‘‘70052. Seizure and forfeiture of vessel; fine the date of enactment of the Coast Guard ‘‘70041. Regattas and marine parades.’’. and imprisonment. Authorization Act of 2017. (c) REPEAL.—The Act of April 28, 1908 (35 ‘‘70053. Enforcement provisions. ‘‘(4) In this section, the term ‘Officer in Stat. 69, chapter 151; 33 U.S.C. 1233 et seq.), is ‘‘70054. Definitions.’’. Charge, Marine Inspection’ means any per- repealed. SEC. 408. PORT, HARBOR, AND COASTAL FACILITY son from the civilian or military branch of SECURITY. the Coast Guard who— SEC. 407. REGULATION OF VESSELS IN TERRI- TORIAL WATERS OF UNITED STATES. (a) TRANSFER OF PROVISIONS.—So much of ‘‘(A) is designated as such by the Com- mandant; and (a) ESTABLISHMENT OF SUBCHAPTER F.— section 7 of the Ports and Waterways Safety ‘‘(B) under the superintendence and direc- Chapter 700 of title 46, United States Code, as Act (33 U.S.C. 1226) as precedes subsection (c) tion of the cognizant Coast Guard district established by section 401 of this Act, is of that section is redesignated as section commander, is in charge of an inspection amended by adding at the end the following: 70102a of title 46, United States Code, and transferred so as to appear after section 70102 zone for the performance of duties with re- ‘‘SUBCHAPTER VI—REGULATION OF VES- of that title. spect to the inspections under, and enforce- SELS IN TERRITORIAL WATERS OF (b) DEFINITIONS, ADMINISTRATION, AND EN- ment and administration of, subtitle II, UNITED STATES FORCEMENT.—Section 70102a of title 46, chapter 700, and regulations under such ‘‘§ 70054. Definitions United States Code, as amended by para- laws.’’. ‘‘In this subchapter: graph (1) of this subsection, is amended by (b) REPORT ON MARINE INSPECTOR TRAIN- ING.—Not later than 1 year after the date of ‘‘(1) UNITED STATES.—The term ‘United adding at the end the following: States’ includes all territory and waters, ‘‘(c) DEFINITIONS, ADMINISTRATION, AND EN- the enactment of this Act, the Commandant continental or insular, subject to the juris- FORCEMENT.—This section shall be treated as of the Coast Guard shall submit to the Com- diction of the United States. part of chapter 700 for purposes of sections mittee on Commerce, Science, and Transpor- tation of the Senate and the Committee on ‘‘(2) TERRITORIAL WATERS.—The term ‘ter- 70031, 70032, 70034, 70035, and 70036.’’. ritorial waters of the United States’ includes (c) CLERICAL AMENDMENT.—The analysis at Transportation and Infrastructure of the all waters of the territorial sea of the United the beginning of chapter 701 of such title is House of Representatives a report on the States as described in Presidential Procla- amended by inserting after the item relating training, experience, and qualifications re- mation 5928 of December 27, 1988.’’. to section 70102 the following: quired for assignment as a marine inspector under section 312 of title 14, United States (b) REGULATION OF ANCHORAGE AND MOVE- ‘‘70102a. Port, harbor, and coastal facility se- Code, including— MENT OF VESSELS DURING NATIONAL EMER- curity.’’. (1) a description of any continuing edu- GENCY.—Section 1 of title II of the Act of (d) NONDISCLOSURE OF PORT SECURITY cation requirement, including a specific list June 15, 1917 (40 Stat. 220, chapter 30; 50 PLANS.—Subsection (c) of section 7 of the of the required courses; U.S.C. 191), is amended— Ports and Waterways Safety Act (33 U.S.C. (2) a description of the training, including (1) by striking the section designation and 1226), as so designated before the application a specific list of the included courses, offered all that follows before ‘‘by proclamation’’ of subsection (b)(1) of this section— to a journeyman or an advanced journeyman and inserting the following: (1) is redesignated as subsection (f) of sec- marine inspector to advance inspection ex- tion 70103 of title 46, United States Code, and ‘‘§ 70051. Regulation of anchorage and move- pertise; transferred so as to appear after subsection ment of vessels during national emergency (3) a description of any training that was (e) of such section; and ‘‘Whenever the President’’; offered in the 15-year period before the date (2) is amended by striking ‘‘this Act’’ and (2) by striking ‘‘of the Treasury’’; of the enactment of this Act, but is no longer inserting ‘‘this chapter’’. (3) by striking ‘‘of the department in which required or offered, including a specific list the Coast Guard is operating’’; TITLE V—MARITIME TRANSPORTATION of the included courses, including the senior (4) by striking ‘‘this title’’ and inserting SAFETY marine inspector course and any plan review ‘‘this subchapter’’; and SEC. 501. CONSISTENCY IN MARINE INSPEC- courses; (5) by transferring the section so that the TIONS. (4) a justification for why a course de- section appears before section 70054 of title (a) IN GENERAL.—Section 3305 of title 46, scribed in paragraph (3) is no longer required 46, United States Code (as added by sub- United States Code, is amended by adding at or offered; and section (a) of this section). the end the following: (5) a list of the course content the Com- (c) SEIZURE AND FORFEITURE OF VESSEL; ‘‘(d)(1) The Commandant of the Coast mandant considers necessary to promote FINE AND IMPRISONMENT.—Section 2 of title Guard shall ensure that Officers in Charge, consistency among marine inspectors in an II of the Act of June 15, 1917 (40 Stat. 220, Marine Inspections consistently interpret environment of increasingly complex vessels chapter 30; 50 U.S.C. 192), is amended— regulations and standards under this subtitle and vessel systems.

VerDate Sep 11 2014 06:11 Oct 12, 2018 Jkt 089060 PO 00000 Frm 00071 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.056 S11OCPT1 dlhill on DSK3GLQ082PROD with SENATE S6848 CONGRESSIONAL RECORD — SENATE October 11, 2018

SEC. 502. UNINSPECTED PASSENGER VESSELS IN ‘‘(5) PROPULSION MACHINERY.—The term SEC. 507. FISHING, FISH TENDER, AND FISH ST. LOUIS COUNTY, MINNESOTA. ‘propulsion machinery’ means a self-con- PROCESSING VESSEL CERTIFI- Section 4105 of title 46, United States Code, tained propulsion system, and includes, but CATION. amended— is not limited to, inboard engines, outboard (a) NONAPPLICATION.—Section 4503(c)(2)(A) (1) by redesignating subsection (c) as sub- motors, and sterndrive engines. of title 46, United States Code, is amended by section (d); and ‘‘(6) STATIC THRUST.—The term ‘static striking ‘‘79’’ and inserting ‘‘180’’. (2) by inserting after subsection (b) the fol- thrust’ means the forward or backwards lowing: (b) DETERMINING WHEN KEEL IS LAID.—Sec- thrust developed by propulsion machinery tion 4503(f) of title 46, United States Code, as ‘‘(c) In applying this title with respect to while stationary.’’. an uninspected vessel of less than 25 feet redesignated by section 508 of this Act, is (b) CLERICAL AMENDMENT.—The analysis at further amended to read as follows: overall in length that carries passengers on the beginning of such chapter is amended by Crane Lake or waters contiguous to such adding at the end the following: ‘‘(f)(1) For purposes of this section and sec- lake in St. Louis County, Minnesota, the tion 4503a, the term ‘built’ means, with re- ‘‘4312. Engine cut-off switches.’’. Secretary shall substitute ‘12 passengers’ for spect to a vessel, that the vessel’s construc- (c) EFFECTIVE DATE.—Section 4312 of title ‘6 passengers’ each place it appears in section has reached any of the following stages: 46, United States Code, as amended by this tion 2101(51).’’. ‘‘(A) The vessel’s keel is laid. section, shall take effect one year after the ‘‘(B) Construction identifiable with the SEC. 503. ENGINE CUT-OFF SWITCH REQUIRE- date of the enactment of this Act. MENTS. vessel has begun and assembly of that vessel (a) IN GENERAL.—Chapter 43 of title 46, SEC. 504. EXCEPTION FROM SURVIVAL CRAFT RE- has commenced comprising of at least 50 United States Code, is amended by adding at QUIREMENTS. metric tons or one percent of the estimated the end the following: Section 4502(b) of title 46, United States mass of all structural material, whichever is Code, is amended— less. ‘‘§ 4312. Engine cut-off switches (1) in paragraph (2)(B), by striking ‘‘a sur- ‘‘(2) In the case of a vessel greater than 79 ‘‘(a) INSTALLATION REQUIREMENT.—A manu- vival craft’’ and inserting ‘‘subject to para- feet overall in length, for purposes of para- facturer, distributor, or dealer that installs graph (3), a survival craft’’; graph (1)(A) a keel is deemed to be laid when propulsion machinery and associated start- (2) by adding at the end the following: a marine surveyor affirms that a structure ing controls on a covered recreational vessel ‘‘(3) Except for a nonapplicable vessel, an adequate for serving as a keel for such vessel shall equip such vessel with an engine cut-off auxiliary craft shall satisfy the equipment is in place and identified for use in the con- switch and engine cut-off switch link that requirement under paragraph (2)(B) if such struction of such vessel.’’. meet American Boat and Yacht Council craft is— Standard A-33, as in effect on the date of the ‘‘(A) necessary for normal fishing oper- SEC. 508. DEADLINE FOR COMPLIANCE WITH AL- enactment of the Coast Guard Authorization ations; TERNATE SAFETY COMPLIANCE Act of 2017. ‘‘(B) readily accessible during an emer- PROGRAM. ‘‘(b) EDUCATION ON CUT-OFF SWITCHES.—The gency; and (a) IN GENERAL.—Section 4503(d) of title 46, Commandant of the Coast Guard, through ‘‘(C) capable, in accordance with the Coast United States Code, is redesignated as sec- the National Boating Safety Advisory Com- Guard capacity rating, when applicable, of tion 4503a and transferred to appear after mittee established under section 15105, may safely holding all individuals on board the section 4503 of such title. initiate a boating safety program on the use vessel to which the craft functions as an aux- (b) FISHING, FISH TENDER, AND FISH PROC- and benefits of cut-off switches for rec- iliary.’’; and ESSING VESSEL CERTIFICATION.—Section 4503 reational vessels. (3) by adding at the end the following: of title 46, United States Code, is amended— ‘‘(c) AVAILABILITY OF STANDARD FOR IN- ‘‘(k) For the purposes of this section, the (1) by redesignating subsections (e), (f), and SPECTION.— term ‘auxiliary craft’ means a vessel that is (g) as subsections (d), (e), and (f), respec- ‘‘(1) IN GENERAL.—Not later than 90 days carried onboard a fishing vessel and is nor- tively; after the date of the enactment of this sec- mally used to support fishing operations.’’. tion, the Commandant shall transmit Amer- (2) in subsection (b), by striking ‘‘sub- ican Boat and Yacht Council Standard A–33, SEC. 505. SAFETY STANDARDS. section (d)’’ and inserting ‘‘section 4503a’’; as in effect on the date of enactment of the Section 4502(f) of title 46, United States (3) in subsection (c)(2)(B)(ii)(I), by striking Coast Guard Authorization Act of 2017, to— Code, is amended by striking paragraphs (2) ‘‘subsection (e)’’ and inserting ‘‘subsection ‘‘(A) the Committee on Transportation and and (3) and inserting the following: (d)’’; Infrastructure of the House of Representa- ‘‘(2) shall examine at dockside a vessel de- (4) in subsection (c)(2)(B)(ii)(II), by striking tives; scribed in subsection (b) at least once every ‘‘subsection (f)’’ and inserting ‘‘subsection ‘‘(B) the Committee on Commerce, 5 years, but may require an exam at dockside (e)’’; Science, and Transportation of the Senate; every 2 years for certain vessels described in (5) in subsection (e)(1), as amended by para- and subsection (b) if requested by the owner or graph (1) of this subsection, by striking ‘‘(C) the Coast Guard Office of Design and operator; and ‘‘subsection (e)’’ each place it appears and in- Engineering Standards; and ‘‘(3) shall issue a certificate of compliance serting ‘‘subsection (d)’’; and ‘‘(D) the National Archives and Records to a vessel meeting the requirements of this (6) in subsection (e)(2), as amended by para- Administration. chapter and satisfying the requirements in graph (1) of this subsection, by striking ‘‘(2) AVAILABILITY.—The standard subparagraph (2).’’. ‘‘subsection (e)’’ each place it appears and in- mitted under paragraph (1) shall be kept on SEC. 506. FISHING SAFETY GRANTS. serting ‘‘subsection (d)’’; file and available for public inspection at Section 4502 of title 46, United States Code, (c) ALTERNATE SAFETY COMPLIANCE PRO- such Coast Guard office and the National Ar- is amended— GRAM.—Section 4503a of title 46, United chives and Records Administration. (1) in subsections (i) and (j), by striking States Code, as redesignated and transferred ‘‘(d) DEFINITIONS.—In this section: ‘‘Secretary’’ each place it appears and insert- by subsection (a) of this section, is amend- ‘‘(1) COVERED RECREATIONAL VESSEL.—The ing ‘‘Secretary of Health and Human Serv- ed— term ‘covered recreational vessel’ means a ices’’; (1) by redesignating paragraphs (1), (2), (3), recreational vessel that is— (2) in subsection (i)(2), as amended by para- (4), and (5) as subsections (a), (b), (c), (d), and ‘‘(A) less than 26 feet overall in length; and graph (1), by inserting ‘‘, in consultation (e), respectively; ‘‘(B) capable of developing 115 pounds or with and based on criteria established by the (2) by inserting before subsection (a), as so more of static thrust. Commandant of the Coast Guard’’ after redesignated, the following: ‘‘(2) DEALER.—The term ‘dealer’ means any ‘‘Health and Human Services’’; person who is engaged in the sale and dis- (3) in subsection (i)(3), by striking ‘‘75’’ and ‘‘§ 4503a. Alternate safety compliance pro- tribution of recreational vessels or associ- inserting ‘‘50’’; gram’’; ated equipment to purchasers whom the sell- (4) in subsection (i)(4), by striking (3) in subsection (a), as redesignated by er in good faith believes to be purchasing ‘‘$3,000,000 for each of fiscal years 2015 paragraph (1) of this subsection, by striking any such vessel or associated equipment for through 2017’’ and inserting ‘‘$3,000,000 for ‘‘After January 1, 2020,’’ and all that follows purposes other than resale. each of fiscal years 2018 through 2019’’; through ‘‘the Secretary, if’’ and inserting ‘‘(3) DISTRIBUTOR.—The term ‘distributor’ (5) in subsection (j)(2), as amended by para- ‘‘Subject to subsection (c), beginning on the means any person engaged in the sale and graph (1), by inserting ‘‘, in consultation date that is 3 years after the date that the distribution of recreational vessels and asso- with and based on criteria established by the Secretary prescribes an alternate safety ciated equipment for the purposes of resale. Commandant of the Coast Guard,’’ after compliance program, a fishing vessel, fish ‘‘(4) MANUFACTURER.—The term ‘equipment ‘‘Health and Human Services’’; processing vessel, or fish tender vessel to manufacturer’ means any person engaged in (6) in subsection (j)(3), by striking ‘‘75’’ and which section 4502(b) of this title applies the manufacture, construction, or assembly inserting ‘‘50’’; and shall comply with such an alternate safety of recreational vessels or associated equip- (7) in subsection (j)(4), by striking compliance program, if’’; ment, or the importation of recreational ves- ‘‘$3,000,000 for each fiscal years 2015 through (4) in subsection (a), as so redesignated, by sels into the United States for subsequent 2017’’ and inserting ‘‘$3,000,000 for each of fis- redesignating subparagraphs (A), (B), and (C) sale. cal years 2018 through 2019’’. as paragraphs (1), (2), and (3), respectively;

VerDate Sep 11 2014 06:11 Oct 12, 2018 Jkt 089060 PO 00000 Frm 00072 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.056 S11OCPT1 dlhill on DSK3GLQ082PROD with SENATE October 11, 2018 CONGRESSIONAL RECORD — SENATE S6849 (5) in subsection (b), as so redesignated, by essary to fully establish an alternate safety ‘‘(II) may remain available until expended. striking ‘‘establishes standards for an alter- compliance program before January 1, 2020. ‘‘(3) NOTICE OF CHANGE IN INFORMATION.— nate safety compliance program, shall com- SEC. 509. TERMINATION OF UNSAFE OPER- ‘‘(A) REQUIREMENT.—The owner of a vessel ply with such an alternative safety compli- ATIONS; TECHNICAL CORRECTION. shall notify the Coast Guard of each change ance program that is developed in coopera- Section 4505(2) of title 46, United States in the information on which the issuance of tion with the commercial fishing industry Code, is amended— the certificate of documentation for the ves- and prescribed by the Secretary’’ and insert- (1) by striking ‘‘4503(1)’’ and inserting sel is based that occurs before the expiration ing ‘‘prescribes an alternate safety compli- ‘‘4503(a)(2)’’; and of the certificate under this subsection, by ance program under subsection (a), shall (2) by inserting before the period the fol- not later than 30 days after such change. comply with such an alternate safety com- lowing: ‘‘, except that this paragraph shall ‘‘(B) TERMINATION OF CERTIFICATE.—The pliance program’’; not apply with respect to a vessel to which certificate of documentation for a vessel (6) by amending subsection (c), as so redes- section 4503a applies’’. shall terminate upon the expiration of such ignated, to read as follows: SEC. 510. TECHNICAL CORRECTIONS: LICENSES, 30-day period if the owner has not notified ‘‘(c) For purposes of subsection (a), a sepa- CERTIFICATES OF REGISTRY, AND the Coast Guard of such change before the rate alternate safety compliance program MERCHANT MARINER DOCUMENTS. end of such period. may be developed for a specific region or spe- Title 46, United States Code, is amended— ‘‘(4) STATE AND LOCAL AUTHORITY TO RE- cific fishery.’’; (1) in section 7106(b), by striking ‘‘mer- MOVE ABANDONED AND DERELICT VESSELS.— (7) in subsection (d), as so redesignated— chant mariner’s document,’’ and inserting Nothing in this section shall be construed to (A) by striking ‘‘paragraph (1)’’ and insert- ‘‘license,’’; limit the authority of a State or local au- ing ‘‘subsection (a)’’; and (2) in section 7107(b), by striking ‘‘mer- thority from taking action to remove an (B) by striking ‘‘that paragraph’’ each chant mariner’s document,’’ and inserting abandoned or derelict vessel.’’. place it appears and inserting ‘‘that sub- ‘‘certificate of registry,’’; SEC. 513. NUMBERING FOR UNDOCUMENTED section’’; (3) in section 7507(b)(1), by striking ‘‘li- BARGES. (8) in subsection (e), as so redesignated, censes or certificates of registry’’ and insert- Section 12301(b) of title 46, United States by— ing ‘‘merchant mariner documents’’; and Code, is amended— (A) inserting ‘‘is not eligible to participate (4) in section 7507(b)(2) by striking ‘‘mer- (1) by striking ‘‘shall’’ and inserting in an alternative safety compliance program chant mariner’s document.’’ and inserting ‘‘may’’; and prescribed under subsection (a) and’’ after ‘‘license or certificate of registry.’’. (2) by inserting ‘‘of’’ after ‘‘barge’’. SEC. 514. BACKUP NATIONAL TIMING SYSTEM. ‘‘July 1, 2012’’; and SEC. 511. CLARIFICATION OF LOGBOOK ENTRIES. (B) redesignating subparagraphs (A) and (a) SHORT TITLE.—This section may be (a) IN GENERAL.—Section 11304 of title 46, cited as the ‘‘National Timing Resilience and (B) as paragraphs (1) and (2), respectively; United States Code, is amended— (9) by adding at the end the following: Security Act of 2018’’. (1) in subsection (a), by striking ‘‘an offi- (b) IN GENERAL.—Chapter 30 of title 49, ‘‘(f) For the purposes of this section, the cial logbook, which’’ and inserting ‘‘a log- United States Code, is amended by adding at term ‘built’ has the meaning given that term book, which may be in any form, including the end the following: in section 4503(f).’’. electronic, and’’; and ‘‘§ 312. Alternative timing system (d) CLERICAL AMENDMENT.—The analysis at (2) in subsection (b), by amending para- ‘‘(a) IN GENERAL.—Subject to the avail- the beginning of chapter 45 of such title is graph (3) to read as follows: ability of appropriations, the Secretary of amended by inserting after the item relating ‘‘(3) Each illness of, and injury to, a sea- Transportation shall provide for the estab- to section 4503 the following man of the vessel, the nature of the illness or lishment, sustainment, and operation of a ‘‘4503a. Alternate safety compliance pro- injury, and the medical treatment provided land-based, resilient, and reliable alternative gram.’’. for the injury or illness.’’. timing system— (e) CONFORMING AMENDMENT.—Section 3104 (b) TECHNICAL AMENDMENT.—Section ‘‘(1) to reduce critical dependencies and of title 46, United States Code, is amended by 11304(b) is amended by striking ‘‘log book’’ provide a complement to and backup for the striking ‘‘section 4503(e)’’ and inserting ‘‘sec- and inserting ‘‘logbook’’. timing component of the Global Positioning tion 4503(d)’’. SEC. 512. CERTIFICATES OF DOCUMENTATION System (referred to in this section as ‘GPS’); (f) FINAL RULE.—Not later than 1 year FOR RECREATIONAL VESSELS. and after the date of enactment of this Act, the Section 12105 of title 46, United States ‘‘(2) to ensure the availability of Secretary of the department in which the Code, is amended by adding at the end the uncorrupted and non-degraded timing signals Coast Guard is operating shall issue a final following: for military and civilian users in the event rule implementing the requirements enumer- ‘‘(e) EFFECTIVE PERIOD.— that GPS timing signals are corrupted, de- ated in section 4503(d) of title 46, as amended ‘‘(1) IN GENERAL.—Except as provided in graded, unreliable, or otherwise unavailable. by subsection (b)(1) of this section. paragraphs (2) and (3), a certificate of docu- ‘‘(b) ESTABLISHMENT OF REQUIREMENTS.— (g) ALTERNATE SAFETY COMPLIANCE PRO- mentation issued under this part is valid for ‘‘(1) IN GENERAL.—Not later than 180 days GRAM STATUS REPORT.— a 1-year period and may be renewed for addi- after the date of enactment of the National (1) IN GENERAL.—Not later than January 1, tional 1-year periods. Timing Resilience and Security Act of 2018, 2020, the Secretary of the department in ‘‘(2) RECREATIONAL VESSELS.— the Secretary of Transportation shall estab- which the Coast Guard is operating shall ‘‘(A) IN GENERAL.—A certificate of docu- lish requirements for the procurement of the submit to the Committee on Transportation mentation for a recreational vessel and the system required by subsection (a) as a com- and Infrastructure of the House of Rep- renewal of such a certificate shall be effec- plement to and backup for the timing com- resentatives and the Committee on Com- tive for a 5-year period. ponent of GPS in accordance with the timing merce, Science, and Transportation of the ‘‘(B) PHASE-IN PERIOD.—During the period requirements study required by section 1618 Senate a report on the status of the develop- beginning January 1, 2019, and ending De- of the National Defense Authorization Act ment of the alternate safety compliance pro- cember 31, 2021, the owner or operator of a for Fiscal Year 2017 (Public Law 114–328; 130 gram directed by section 4503a of title 46, recreational vessel may choose a period of Stat. 2595). United States Code, as redesignated by sub- effectiveness of between 1 and 5 years for ‘‘(2) REQUIREMENTS.—The Secretary of section (c). such a certificate of documentation for such Transportation shall ensure, to the max- (2) CONTENTS.—The report required under vessel or the renewal thereof. imum extent practicable, that the system es- paragraph (1) shall include discussion of— ‘‘(C) FEES.— tablished under subsection (a) will— (A) steps taken in the rulemaking process ‘‘(i) REQUIREMENT.—The Secretary shall as- ‘‘(A) be wireless; to establish the alternate safety compliance sess and collect a fee— ‘‘(B) be terrestrial; program; ‘‘(I) for the issuance of a certificate of doc- ‘‘(C) provide wide-area coverage; (B) communication and collaboration be- umentation for a recreational vessel that is ‘‘(D) be synchronized with coordinated uni- tween the Coast Guard, the department in equivalent to the fee established for the versal time; which the Coast Guard is operating, and the issuance of a certificate of documentation ‘‘(E) be resilient and extremely difficult to commercial fishing vessel industry regarding under section 2110; and disrupt or degrade; the development of the alternate safety com- ‘‘(II) for the renewal of a certificate of doc- ‘‘(F) be able to penetrate underground and pliance program; umentation for a recreational vessel that is inside buildings; (C) consideration given to developing alter- equivalent to the number of years of effec- ‘‘(G) be capable of deployment to remote nate safety compliance programs for specific tiveness of the certificate of documentation locations; regions and fisheries, as authorized in sec- multiplied by the fee established for the re- ‘‘(H) be developed, constructed, and oper- tion 4503a(c) of such title, as redesignated by newal of a certificate of documentation ated incorporating applicable private sector subsection (c); under section 2110. expertise; (D) any identified legislative changes nec- ‘‘(ii) TREATMENT.—Fees collected under ‘‘(I) work in concert with and complement essary to implement an effective alternate this subsection— any other similar positioning, navigation, safety compliance program; and ‘‘(I) shall be credited to the account from and timing systems, including enhanced (E) the timeline and planned actions that which the costs of such issuance or renewal long-range navigation systems and Nation- will be taken to implement regulations nec- were paid; and wide Differential GPS systems;

VerDate Sep 11 2014 06:11 Oct 12, 2018 Jkt 089060 PO 00000 Frm 00073 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.056 S11OCPT1 dlhill on DSK3GLQ082PROD with SENATE S6850 CONGRESSIONAL RECORD — SENATE October 11, 2018 ‘‘(J) be available for use by Federal and ments for advanced timing resilience and termination issued by the Coast Guard Na- non-Federal government agencies for public technologies; tional Vessel Documentation Center after purposes at no net cost to the Federal Gov- ‘‘(D) require the entity to share 25 percent the date of the enactment of this Act on the ernment within 10 years of initiation of oper- of the gross proceeds received by the entity National Vessel Documentation Center ation; from the sale of timing services to third par- website not later than 30 days after the date ‘‘(K) be capable of adaptation and expan- ties with the Secretary for at least 10 years of issuance of such letter of determination. sion to provide position and navigation capa- after the date upon which the Secretary en- (b) AUDIT.— bilities; ters into the cooperative agreement; (1) IN GENERAL.—The Comptroller General ‘‘(L) incorporate the recommendations ‘‘(E) require the entity— of the United States shall conduct an audit, from any GPS back-up demonstration pro- ‘‘(i) to assume all financial risk for the the results of which shall be made publicly gram initiated and completed by the Sec- completion and operational capability of the available, of— retary, in coordination with other Federal system, after the Secretary provides any (A) the method or process by which the agencies, before the date specified in sub- LORAN facilities necessary for the system Coast Guard National Vessel Documentation section (c)(1); and under subsection (d), if required for the al- Center develops policy for and documents ‘‘(M) incorporate such other elements as ternative timing system; and compliance with the requirements of section the Secretary considers appropriate. ‘‘(ii) to furnish performance and payment 67.97 of title 46, Code of Federal Regulations, ‘‘(c) IMPLEMENTATION PLAN.— bonds in connection with the system in a for the purpose of issuing endorsements ‘‘(1) PLAN REQUIRED.—Not later than 180 reasonable amount as determined by the under section 12112 and 12113 of title 46, days after the date of enactment of the Na- Secretary; and United States Code; tional Timing Resilience and Security Act of ‘‘(F) require the entity to make any invest- (B) the coordination between the Coast 2018, the Secretary of Transportation shall ments in technologies necessary over the life Guard and U.S. Customs and Border Protec- submit to the Committee on Commerce, of the agreement to meet future require- tion with respect to the enforcement of such Science, and Transportation of the Senate ments for advanced timing resiliency. requirements; and and the Committee on Transportation and ‘‘(3) COMPETITION REQUIRED.—The Sec- (C) the extent to which the Secretary of Infrastructure of the House of Representa- retary shall use competitive procedures the department in which the Coast Guard is tives a report setting forth the following: similar to those authorized under section operating and the Secretary of Transpor- ‘‘(A) A plan to develop, construct, and op- 2667 of title 10 in selecting an entity to enter tation, through the Maritime Administra- erate the system required by subsection (a). into a cooperative agreement pursuant to tion, have published and disseminated infor- ‘‘(B) A description and assessment of the this subsection. mation to promote compliance with applica- advantages of a system to provide a follow- ‘‘(4) AUTHORIZATION TO PURCHASE SERV- ble vessel construction requirements. on complementary and backup positioning ICES.—The Secretary may not purchase tim- (2) REPORT.—Not later than 90 days after and navigation capability to the timing coming system services from the entity for use the audit under paragraph (1) is complete, ponent of GPS. by the Department of Transportation or for the Comptroller General of the United States ‘‘(2) DEADLINE FOR COMMENCEMENT OF OPER- provision to other Federal and non-Federal shall submit to the Committee on Com- ATION.—The system required by subsection governmental agencies until the system merce, Science, and Transportation of the (a) shall be in operation by not later than 2 achieves operational status, and then only if Senate and the Committee on Transpor- years after the date of enactment of the Na- the necessary funds for such purchases are tation and Infrastructure of the House of tional Timing Resilience and Security Act of provided for in subsequent yearly appropria- Representatives a report regarding the re- 2018. tions acts made available to the Secretary sults of and recommendations made pursu- ‘‘(3) MINIMUM DURATION OF OPERATIONAL CA- for each and every year in which such pur- ant to such audit. PABILITY.—The system required by sub- chases are made. (c) OUTLINE.—Not later than 180 days after section (a) shall be designed to be fully oper- ‘‘(5) DETERMINATION REQUIREMENT.—The the date of the submission of the Comp- ational for not less than 20 years. troller General of the United States report ‘‘(d) LORAN FACILITIES.— Secretary may not enter into a cooperative required under subsection (b), the Com- ‘‘(1) IN GENERAL.—If the Secretary of agreement under this subsection unless the mandant of the Coast Guard shall submit to Transportation determines that any LORAN Secretary determines that the cooperative the Committee on Commerce, Science, and infrastructure, including the underlying real agreement is in the best financial interest of Transportation of the Senate and the Com- property and any spectrum associated with the Federal Government. The Secretary mittee on Transportation and Infrastructure LORAN, in the possession of the Coast Guard shall notify the Committee on Committee on of the House of Representatives an outline of is required by the Department of Transpor- Commerce, Science, and Transportation of plans— tation for the purpose of establishing the the Senate and the Committee on Transpor- (1) to enhance the transparency of the doc- system required by subsection (a), the Com- tation and Infrastructure of the House of umentation process, and communications mandant shall transfer such property, spec- Representatives of such determination not with the maritime industry regarding such trum, and equipment to the Secretary. later than 30 days after the date of the deter- process over the next 5 years; and ‘‘(2) CERCLA NOT AFFECTED.—This sub- mination. (2) to implement the recommendations section shall not be construed to limit the ‘‘(6) DEFINITION.—In this subsection the made by the Comptroller General of the application of or otherwise affect section term ‘entity’ means a non-Federal entity United States in the report required under 120(h) of the Comprehensive Environmental with the demonstrated technical expertise subsection (b)(2). Response, Compensation, and Liability Act and requisite administrative and financial of 1980 (42 U.S.C. 9620(h)) with respect to the resources to meet any terms and conditions TITLE VI—ADVISORY COMMITTEES Federal Government facilities described in established by the Secretary for purposes of SEC. 601. NATIONAL MARITIME TRANSPOR- paragraph (1). this subsection.’’. TATION ADVISORY COMMITTEES. ‘‘(e) COOPERATIVE AGREEMENT.— (c) TABLE OF CONTENTS.—The table of con- (a) IN GENERAL.—Subtitle II of title 46, ‘‘(1) IN GENERAL.—The Secretary of Trans- tents for chapter 3 of title 49, United States United States Code, is amended by adding at portation may enter into a cooperative Code, is amended by adding at the end the the end the following: following: agreement (as that term is described in sec- ‘‘PART K—NATIONAL MARITIME TRANS- tion 6305 of title 31) with an entity upon such ‘‘312. Alternative timing system.’’. PORTATION ADVISORY COMMITTEES terms and conditions as the Secretary of SEC. 515. SCIENTIFIC PERSONNEL. ‘‘CHAPTER 151—NATIONAL MARITIME Section 2101(41) of title 46, United States Transportation determines will fulfill the TRANSPORTATION ADVISORY COMMIT- Code, is amended— purpose and requirements of this section and TEES be in the public interest. (1) by inserting ‘‘(A) Subject to subpara- ‘‘Sec. EQUIREMENTS.—The cooperative graph (B),’’ before the text; and ‘‘(2) R ‘‘15101. National Chemical Transportation agreement under paragraph (1) shall, at a (2) by adding at the end the following: Safety Advisory Committee. ‘‘(B)(i) Such term includes an individual minimum, require the Secretary of Trans- ‘‘15102. National Commercial Fishing Safety who is on board an oceanographic research portation to— Advisory Committee. ‘‘(A) authorize the entity to sell timing vessel only to— ‘‘15103. National Merchant Marine Personnel and other services to commercial and non- ‘‘(I) engage in scientific research; Advisory Committee. commercial third parties, subject to any na- ‘‘(II) instruct in oceanography or lim- ‘‘15104. National Merchant Mariner Medical tional security requirements determined by nology; or Advisory Committee. the Secretary, in consultation with the Sec- ‘‘(III) receive instruction in oceanography ‘‘15105. National Boating Safety Advisory retary of Defense; or limnology. Committee. ‘‘(B) require the entity to develop, con- ‘‘(ii) For purposes of clause (i), the age of ‘‘15106. National Offshore Safety Advisory struct, and operate at private expense the an individual may not be considered in deter- Committee. backup timing system in accordance with mining whether the individual is described ‘‘15107. National Navigation Safety Advisory this section; in such clause.’’. Committee. ‘‘(C) allow the entity to make any invest- SEC. 516. TRANSPARENCY. ‘‘15108. National Towing Safety Advisory ments in technologies necessary over the life (a) IN GENERAL.—The Commandant of the Committee. of such agreement to meet future require- Coast Guard shall publish any letter of de- ‘‘15109. Administration.

VerDate Sep 11 2014 06:11 Oct 12, 2018 Jkt 089060 PO 00000 Frm 00074 Fmt 4637 Sfmt 0655 E:\CR\FM\A11OC6.056 S11OCPT1 dlhill on DSK3GLQ082PROD with SENATE October 11, 2018 CONGRESSIONAL RECORD — SENATE S6851 ‘‘§ 15101. National Chemical Transportation vessel, fish processing vessel, and fish tender ‘‘(I) 2 shall represent State maritime acad- Safety Advisory Committee vessel safety and personnel qualifications. emies (and are jointly recommended by such ‘‘(a) ESTABLISHMENT.—There is established ‘‘(E) 1 member shall represent underwriters academies); and a National Chemical Transportation Safety that insure vessels to which chapter 45 of ‘‘(II) 1 shall represent either State mari- Advisory Committee (in this section referred this title applies. time academies or the United States Mer- to as the ‘Committee’). ‘‘(F) 1 member shall represent owners of chant Marine Academy; and ‘‘(b) FUNCTION.—The Committee shall ad- vessels to which chapter 45 of this title ap- ‘‘(ii) 3 shall be marine educators who rep- vise the Secretary on matters relating to the plies. resent other maritime training institutions safe and secure marine transportation of ‘‘(G) 3 members shall represent the general and, of the 3, 1 shall represent the small ves- hazardous materials. public and, to the extent possible, shall in- sel industry. ‘‘(c) MEMBERSHIP.— clude— ‘‘(C) 2 members shall represent shipping ‘‘(1) IN GENERAL.—The Committee shall ‘‘(i) an independent expert or consultant in companies employed in ship operation man- consist of not more than 25 members ap- maritime safety; agement. pointed by the Secretary in accordance with ‘‘(ii) a marine surveyor who provides serv- ‘‘(D) 2 members shall represent the general this section and section 15109 of this chapter. ices to vessels to which chapter 45 of this public. ‘‘(2) EXPERTISE.—Each member of the Com- title applies; and mittee shall have particular expertise, ‘‘(iii) a person familiar with issues affect- ‘‘§ 15104. National Merchant Mariner Medical knowledge, and experience in matters relating fishing communities and the families of Advisory Committee ing to the function of the Committee. fishermen. ‘‘(a) ESTABLISHMENT.—There is established ‘‘(3) REPRESENTATION.—Each member of the Committee shall represent 1 of the fol- ‘‘§ 15103. National Merchant Marine Per- a National Merchant Mariner Medical Advi- lowing: sonnel Advisory Committee sory Committee (in this section referred to ‘‘(A) Chemical manufacturing entities. ‘‘(a) ESTABLISHMENT.—There is established as the ‘Committee’). ‘‘(B) Entities related to marine handling or a National Merchant Marine Personnel Advi- ‘‘(b) FUNCTION.—The Committee shall ad- transportation of chemicals. sory Committee (in this section referred to vise the Secretary on matters relating to— ‘‘(C) Vessel design and construction enti- as the ‘Committee’). ‘‘(1) medical certification determinations UNCTION.—The Committee shall ad- ties. ‘‘(b) F for the issuance of licenses, certification of vise the Secretary on matters relating to ‘‘(D) Marine safety or security entities. registry, and merchant mariners’ documents personnel in the United States merchant ma- ‘‘(E) Marine environmental protection en- with respect to merchant mariners; rine, including the training, qualifications, tities. ‘‘(2) medical standards and guidelines for certification, documentation, and fitness of ‘‘(4) DISTRIBUTION.—The Secretary shall, the physical qualifications of operators of mariners. based on the needs of the Coast Guard, deter- commercial vessels; ‘‘(c) MEMBERSHIP.— mine the number of members of the Com- ‘‘(3) medical examiner education; and ‘‘(1) IN GENERAL.—The Committee shall mittee who represent each entity specified in ‘‘(4) medical research. paragraph (3). Neither this paragraph nor consist of 19 members appointed by the Sec- any other provision of law shall be construed retary in accordance with this section and ‘‘(c) MEMBERSHIP.— to require an equal distribution of members section 15109 of this chapter. ‘‘(1) IN GENERAL.—The Committee shall representing each entity specified in para- ‘‘(2) EXPERTISE.—Each member of the Com- consist of 14 members appointed by the Sec- graph (3). mittee shall have particular expertise, retary in accordance with this section and section 15109 of this chapter. ‘‘§ 15102. National Commercial Fishing Safety knowledge, and experience in matters relat- ‘‘(2) EXPERTISE.—Each member of the Com- Advisory Committee ing to the function of the Committee. ‘‘(3) REPRESENTATION.—Members of the mittee shall have particular expertise, ‘‘(a) ESTABLISHMENT.—There is established Committee shall be appointed as follows: knowledge, and experience in matters relat- a National Commercial Fishing Safety Advi- ing to the function of the Committee. sory Committee (in this section referred to ‘‘(A) 9 members shall represent mariners ‘‘(3) REPRESENTATION.—Members of the as the ‘Committee’). and, of the 9— Committee shall be appointed as follows: ‘‘(b) FUNCTION.—The Committee shall— ‘‘(i) each shall— ‘‘(1) advise the Secretary on matters relat- ‘‘(I) be a citizen of the United States; and ‘‘(A) 9 shall represent health-care profes- ing to the safe operation of vessels to which ‘‘(II) hold an active license or certificate sionals and have particular expertise, knowl- chapter 45 of this title applies, including the issued under chapter 71 of this title or a mer- edge, and experience regarding the medical matters of— chant mariner document issued under chap- examinations of merchant mariners or occu- ‘‘(A) navigation safety; ter 73 of this title; pational medicine. ‘‘(B) safety equipment and procedures; ‘‘(ii) 3 shall be deck officers who represent ‘‘(B) 5 shall represent professional mari- ‘‘(C) marine insurance; merchant marine deck officers and, of the 3— ners and have particular expertise, knowl- ‘‘(D) vessel design, construction, mainte- ‘‘(I) 2 shall be licensed for oceans any gross edge, and experience in occupational require- nance, and operation; and tons; ments for mariners. ‘‘(E) personnel qualifications and training; ‘‘(II) 1 shall be licensed for inland river route with a limited or unlimited tonnage; ‘‘§ 15105. National Boating Safety Advisory and Committee ‘‘(2) review regulations proposed under ‘‘(III) 2 shall have a master’s license or a chapter 45 of this title (during preparation of master of towing vessels license; ‘‘(a) ESTABLISHMENT.—There is established the regulations). ‘‘(IV) 1 shall have significant tanker expe- a National Boating Safety Advisory Com- ‘‘(c) MEMBERSHIP.— rience; and mittee (in this section referred to as the ‘‘(1) IN GENERAL.—The Committee shall ‘‘(V) to the extent practicable— ‘Committee’). consist of 18 members appointed by the Sec- ‘‘(aa) 1 shall represent labor; and retary in accordance with this section and ‘‘(bb) 1 shall represent management; ‘‘(b) FUNCTION.—The Committee shall ad- section 15109 of this chapter. ‘‘(iii) 3 shall be engineering officers who vise the Secretary on matters relating to national boating safety. ‘‘(2) EXPERTISE.—Each member of the Com- represent merchant marine engineering offi- mittee shall have particular expertise, cers and, of the 3— ‘‘(c) MEMBERSHIP.— knowledge, and experience in matters relat- ‘‘(I) 2 shall be licensed as chief engineer ‘‘(1) IN GENERAL.—The Committee shall ing to the function of the Committee. any horsepower; consist of 21 members appointed by the Sec- ‘‘(3) REPRESENTATION.—Members of the ‘‘(II) 1 shall be licensed as either a limited retary in accordance with this section and Committee shall be appointed as follows: chief engineer or a designated duty engineer; section 15109 of this chapter. ‘‘(A) 10 members shall represent the com- and ‘‘(2) EXPERTISE.—Each member of the Com- mercial fishing industry and— ‘‘(III) to the extent practicable— mittee shall have particular expertise, ‘‘(i) as a group, shall together reflect a re- ‘‘(aa) 1 shall represent labor; and knowledge, and experience in matters relat- gional and representational balance; and ‘‘(bb) 1 shall represent management; ing to the function of the Committee. ‘‘(ii) as individuals, shall each have experi- ‘‘(iv) 2 shall be unlicensed seamen who rep- ‘‘(3) REPRESENTATION.—Members of the ence— resent merchant marine unlicensed seaman Committee shall be appointed as follows: ‘‘(I) in the operation of vessels to which and, of the 2— ‘‘(A) 7 members shall represent State offi- chapter 45 of this title applies; or ‘‘(I) 1 shall represent able-bodied seamen; cials responsible for State boating safety ‘‘(II) as a crew member or processing line and programs. worker on a fish processing vessel. ‘‘(II) 1 shall represent qualified members of ‘‘(B) 7 members shall represent rec- ‘‘(B) 1 member shall represent naval archi- the engine department; and reational vessel and associated equipment tects and marine engineers. ‘‘(v) 1 shall be a pilot who represents mer- manufacturers. ‘‘(C) 1 member shall represent manufactur- chant marine pilots. ‘‘(C) 7 members shall represent the general ers of equipment for vessels to which chapter ‘‘(B) 6 members shall represent marine edu- public or national recreational boating orga- 45 of this title applies. cators and, of the 6— nizations and, of the 7, at least 5 shall rep- ‘‘(D) 1 member shall represent education ‘‘(i) 3 shall be marine educators who represent national recreational boating organi- and training professionals related to fishing resent maritime academies and, of the 3— zations.

VerDate Sep 11 2014 06:11 Oct 12, 2018 Jkt 089060 PO 00000 Frm 00075 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.056 S11OCPT1 dlhill on DSK3GLQ082PROD with SENATE S6852 CONGRESSIONAL RECORD — SENATE October 11, 2018 ‘‘§ 15106. National Offshore Safety Advisory ‘‘(D) The recreational boating industry. ‘‘(B) be allowed travel expenses, including Committee ‘‘(E) State agencies responsible for vessel per diem in lieu of subsistence, as authorized ‘‘(a) ESTABLISHMENT.—There is established or port safety. by section 5703 of title 5. a National Offshore Safety Advisory Com- ‘‘(F) The Maritime Law Association. ‘‘(d) ACCEPTANCE OF VOLUNTEER SERV- mittee (in this section referred to as the ‘‘(4) DISTRIBUTION.—The Secretary shall, ICES.—A member of a committee established ‘Committee’). based on the needs of the Coast Guard, deter- under this chapter may serve on such com- ‘‘(b) FUNCTION.—The Committee shall ad- mine the number of members of the Com- mittee on a voluntary basis without pay vise the Secretary on matters relating to ac- mittee who represent each entity specified in without regard to section 1342 of title 31 or tivities directly involved with, or in support paragraph (3). Neither this paragraph nor any other law. of, the exploration of offshore mineral and any other provision of law shall be construed ‘‘(e) STATUS OF MEMBERS.— energy resources, to the extent that such to require an equal distribution of members ‘‘(1) IN GENERAL.—Except as provided in matters are within the jurisdiction of the representing each entity specified in para- paragraph (2), with respect to a member of a Coast Guard. graph (3). committee established under this chapter ‘‘(c) MEMBERSHIP.— ‘‘§ 15108. National Towing Safety Advisory whom the Secretary appoints to represent an ‘‘(1) IN GENERAL.—The Committee shall Committee entity or group— consist of 15 members appointed by the Sec- ‘‘(a) ESTABLISHMENT.—There is established ‘‘(A) the member is authorized to represent retary in accordance with this section and a National Towing Safety Advisory Com- the interests of the applicable entity or section 15109 of this chapter. mittee (in this section referred to as the group; and ‘‘(2) EXPERTISE.—Each member of the Com- ‘Committee’). ‘‘(B) requirements under Federal law that mittee shall have particular expertise, ‘‘(b) FUNCTION.—The Committee shall ad- would interfere with such representation and knowledge, and experience in matters relat- vise the Secretary on matters relating to that apply to a special Government em- ing to the function of the Committee. shallow-draft inland navigation, coastal wa- ployee (as defined in section 202(a) of title ‘‘(3) REPRESENTATION.—Members of the terway navigation, and towing safety. 18), including requirements relating to em- Committee shall be appointed as follows: ‘‘(c) MEMBERSHIP.— ployee conduct, political activities, ethics, ‘‘(A) 2 members shall represent entities en- ‘‘(1) IN GENERAL.—The Committee shall conflicts of interest, and corruption, do not gaged in the production of petroleum. consist of 18 members appointed by the Sec- apply to the member. ‘‘(B) 2 members shall represent entities en- retary in accordance with this section and ‘‘(2) EXCEPTION.—Notwithstanding sub- gaged in offshore drilling. section 15109 of this chapter. section (b), a member of a committee estab- ‘‘(C) 2 members shall represent entities en- ‘‘(2) EXPERTISE.—Each member of the Com- lished under this chapter shall be treated as gaged in the support, by offshore supply ves- mittee shall have particular expertise, a special Government employee for purposes sels or other vessels, of offshore mineral and knowledge, and experience in matters relat- of the committee service of the member if— oil operations, including geophysical serving to the function of the Committee. ‘‘(A) the Secretary appointed the member ices. ‘‘(3) REPRESENTATION.—Members of the to represent the general public; or ‘‘(D) 1 member shall represent entities en- Committee shall be appointed as follows: ‘‘(B) the member, without regard to service gaged in the construction of offshore explo- ‘‘(A) 7 members shall represent the barge on the committee, is a special Government ration and recovery facilities. and towing industry, reflecting a regional employee. ‘‘(E) 1 member shall represent entities en- geographic balance. ‘‘(f) SERVICE ON COMMITTEE.— gaged in diving services related to offshore ‘‘(B) 1 member shall represent the offshore ‘‘(1) SOLICITATION OF NOMINATIONS.—Before construction, inspection, and maintenance. mineral and oil supply vessel industry. appointing an individual as a member of a ‘‘(F) 1 member shall represent entities en- ‘‘(C) 1 member shall represent masters and committee established under this chapter, gaged in safety and training services related pilots of towing vessels who hold active li- the Secretary shall publish, in the Federal to offshore exploration and construction. censes and have experience on the Western Register, a timely notice soliciting nomina- ‘‘(G) 1 member shall represent entities en- Rivers and the Gulf Intracoastal Waterway. tions for membership on such committee. gaged in pipelaying services related to off- ‘‘(D) 1 member shall represent masters of ‘‘(2) APPOINTMENTS.— shore construction. towing vessels in offshore service who hold ‘‘(A) IN GENERAL.—After considering nomi- ‘‘(H) 2 members shall represent individuals active licenses. nations received pursuant to a notice pub- employed in offshore operations and, of the ‘‘(E) 1 member shall represent masters of lished under paragraph (1), the Secretary 2, 1 shall have recent practical experience on active ship-docking or harbor towing vessels. may, as necessary, appoint a member to the a vessel or offshore unit involved in the off- ‘‘(F) 1 member shall represent licensed and applicable committee established under this shore mineral and energy industry. unlicensed towing vessel engineers with for- chapter. ‘‘(I) 1 member shall represent national en- mal training and experience. ‘‘(B) PROHIBITION.—The Secretary shall not vironmental entities. ‘‘(G) 2 members shall represent port dis- seek, consider, or otherwise use information ‘‘(J) 1 member shall represent deepwater tricts, authorities, or terminal operators. concerning the political affiliation of a ports. ‘‘(H) 2 members shall represent shippers nominee in making an appointment to any ‘‘(K) 1 member shall represent the general and, of the 2, 1 shall be engaged in the ship- committee established under this chapter. public (but not a specific environmental ment of oil or hazardous materials by barge. ‘‘(3) SERVICE AT PLEASURE OF THE SEC- group). ‘‘(I) 2 members shall represent the general RETARY.— ‘‘§ 15107. National Navigation Safety Advisory public. ‘‘(A) IN GENERAL.—Each member of a com- Committee ‘‘§ 15109. Administration mittee established under this chapter shall ‘‘(a) ESTABLISHMENT.—There is established ‘‘(a) MEETINGS.—Each committee estab- serve at the pleasure of the Secretary. a National Navigation Safety Advisory Com- lished under this chapter shall, at least once ‘‘(B) EXCEPTION.—Notwithstanding sub- mittee (in this section referred to as the each year, meet at the call of the Secretary paragraph (A), a member of the committee ‘Committee’). or a majority of the members of the com- established under section 15102 may only be ‘‘(b) FUNCTION.—The Committee shall ad- mittee. removed prior to the end of the term of that vise the Secretary on matters relating to ‘‘(b) EMPLOYEE STATUS.—A member of a member for just cause. maritime collisions, rammings, and committee established under this chapter ‘‘(4) SECURITY BACKGROUND EXAMINATIONS.— groundings, Inland Rules of the Road, Inter- shall not be considered an employee of the The Secretary may require an individual to national Rules of the Road, navigation regu- Federal Government by reason of service on have passed an appropriate security back- lations and equipment, routing measures, such committee, except for the purposes of ground examination before appointment to a marine information, and aids to navigation the following: committee established under this chapter. systems. ‘‘(1) Chapter 81 of title 5. ‘‘(5) PROHIBITION.— ‘‘(c) MEMBERSHIP.— ‘‘(2) Chapter 171 of title 28 and any other ‘‘(A) IN GENERAL.—Except as provided in ‘‘(1) IN GENERAL.—The Committee shall Federal law relating to tort liability. subparagraph (B), a Federal employee may consist of not more than 21 members ap- ‘‘(c) COMPENSATION.—Notwithstanding sub- not be appointed as a member of a com- pointed by the Secretary in accordance with section (b), a member of a committee estab- mittee established under this chapter. this section and section 15109 of this chapter. lished under this chapter, when actually en- ‘‘(B) SPECIAL RULE FOR NATIONAL MERCHANT ‘‘(2) EXPERTISE.—Each member of the Com- gaged in the performance of the duties of MARINE PERSONNEL ADVISORY COMMITTEE.— mittee shall have particular expertise, such committee, may— The Secretary may appoint a Federal em- knowledge, and experience in matters relat- ‘‘(1) receive compensation at a rate estab- ployee to serve as a member of the National ing to the function of the Committee. lished by the Secretary, not to exceed the Merchant Marine Personnel Advisory Com- ‘‘(3) REPRESENTATION.—Each member of maximum daily rate payable under section mittee to represent the interests of the the Committee shall represent 1 of the fol- 5376 of title 5; or United States Merchant Marine Academy lowing: ‘‘(2) if not compensated in accordance with and, notwithstanding paragraphs (1) and (2), ‘‘(A) Commercial vessel owners or opera- paragraph (1)— may do so without soliciting, receiving, or tors. ‘‘(A) be reimbursed for actual and reason- considering nominations for such appoint- ‘‘(B) Professional mariners. able expenses incurred in the performance of ment. ‘‘(C) Recreational boaters. such duties; or ‘‘(6) TERMS.—

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‘‘(A) IN GENERAL.—The term of each mem- by providing an explanation of actions taken Section 3719 of title 46, United States Code, ber of a committee established under this regarding the recommendations. is amended by inserting ‘‘National’’ before chapter shall expire on December 31 of the ‘‘(4) SUBMISSION TO CONGRESS.— ‘‘Towing Safety’’. third full year after the effective date of the ‘‘(A) IN GENERAL.—The Secretary shall sub- (ii) SAFETY EQUIPMENT.—Section 4102(f)(1) appointment. mit to the Committee on Transportation and of title 46, United States Code, is amended by ‘‘(B) CONTINUED SERVICE AFTER TERM.— Infrastructure of the House of Representa- inserting ‘‘National’’ before ‘‘Towing Safe- When the term of a member of a committee tives and the Committee on Commerce, ty’’. established under this chapter ends, the Science, and Transportation of the Senate (d) TREATMENT OF EXISTING COUNCILS AND member, for a period not to exceed 1 year, the advice, reports, and recommendations re- COMMITTEES.—Notwithstanding any other may continue to serve as a member until a ceived from committees under paragraph (2). provision of law— successor is appointed. ‘‘(B) ADDITIONAL SUBMISSION.—With respect (1) an advisory council or committee sub- ‘‘(7) VACANCIES.—A vacancy on a com- to a committee established under section stantially similar to an advisory committee mittee established under this chapter shall 70112 and to which this section applies, the established under chapter 151 of title 46, be filled in the same manner as the original Secretary shall submit the advice, reports, United States Code, as added by this Act, appointment. and recommendations received from the and that was in force or in effect on the day ‘‘(8) SPECIAL RULE FOR REAPPOINTMENTS.— committee under paragraph (2) to the Com- before the date of enactment of this section, Notwithstanding paragraphs (1) and (2), the mittee on Homeland Security of the House of including a council or committee the author- Secretary may reappoint a member of a com- Representatives in addition to the commit- ity for which was repealed under subsection mittee established under this chapter for any tees specified in subparagraph (A). (c), may remain in force or in effect for a pe- term, other than the first term of the mem- ‘‘(k) OBSERVERS.—Any Federal agency with riod of 2 years from the date of enactment of ber, without soliciting, receiving, or consid- matters under such agency’s administrative this section, including that the charter, ering nominations for such appointment. jurisdiction related to the function of a com- membership, and other aspects of the council ‘‘(g) STAFF SERVICES.—The Secretary shall mittee established under this chapter may or committee may remain in force or in ef- furnish to each committee established under designate a representative to— fect; and this chapter any staff and services consid- ‘‘(1) attend any meeting of such com- (2) during the 2-year period referenced in ered by the Secretary to be necessary for the mittee; and paragraph (1)— conduct of the committee’s functions. ‘‘(2) participate as an observer at meetings (A) requirements relating to the applicable ‘‘(h) CHAIRMAN; VICE CHAIRMAN.— of such committee that relate to such a mat- advisory committee established under chap- ‘‘(1) IN GENERAL.—Each committee estab- ter. ter 151 of title 46, United States Code, shall lished under this chapter shall elect a Chair- ‘‘(l) TERMINATION.—Each committee estab- be treated as satisfied by the substantially man and Vice Chairman from among the lished under this chapter shall terminate on similar advisory council or committee; and committee’s members. September 30, 2027.’’. (B) the enactment of this section, includ- ‘‘(2) VICE CHAIRMAN ACTING AS CHAIRMAN.— (b) CLERICAL AMENDMENT.—The analysis ing the amendments made in this section, The Vice Chairman shall act as Chairman in for subtitle II of title 46, United States Code, shall not be the basis— the absence or incapacity of, or in the event is amended by inserting after the item relat- (i) to deem, find, or declare such council or of a vacancy in the office of, the Chairman. ing to chapter 147 the following: committee, including the charter, member- ‘‘(i) SUBCOMMITTEES AND WORKING ship, and other aspects thereof, void, not in GROUPS.— ‘‘Part K–National Maritime Transportation force, or not in effect; ‘‘(1) IN GENERAL.—The Chairman of a com- Advisory Committees (ii) to suspend the activities of such coun- mittee established under this chapter may ‘‘151. National Maritime Transpor- cil or committee; or establish and disestablish subcommittees tation Advisory Committees ...... 15101’’. (iii) to bar the members of such council or and working groups for any purpose con- (c) CONFORMING AMENDMENTS.— committee from meeting. sistent with the function of the committee. (1) COMMERCIAL FISHING SAFETY ADVISORY SEC. 602. MARITIME SECURITY ADVISORY COM- ‘‘(2) PARTICIPANTS.—Subject to conditions COMMITTEE.—Section 4508 of title 46, United MITTEES. imposed by the Chairman, members of a States Code, and the item relating to that (a) IN GENERAL.—Section 70112 of title 46, committee established under this chapter section in the analysis for chapter 45 of that United States Code, is amended to read as and additional persons drawn from entities title, are repealed. follows: or groups designated by this chapter to be (2) MERCHANT MARINER MEDICAL ADVISORY represented on the committee or the general COMMITTEE.—Section 7115 of title 46, United ‘‘§ 70112. Maritime Security Advisory Commit- public may be assigned to subcommittees States Code, and the item relating to that tees and working groups established under para- section in the analysis for chapter 71 of that ‘‘(a) NATIONAL MARITIME SECURITY ADVI- graph (1). title, are repealed. SORY COMMITTEE.— ‘‘(3) CHAIR.—Only committee members may (3) MERCHANT MARINE PERSONNEL ADVISORY ‘‘(1) ESTABLISHMENT.—There is established chair subcommittees and working groups es- COMMITTEE.— a National Maritime Security Advisory Com- tablished under paragraph (1). (A) REPEAL.—Section 8108 of title 46, mittee (in this subsection referred to as the ‘‘(j) CONSULTATION, ADVICE, REPORTS, AND United States Code, and the item relating to ‘Committee’). RECOMMENDATIONS.— that section in the analysis for chapter 81 of ‘‘(2) FUNCTION.—The Committee shall ad- ‘‘(1) CONSULTATION.— that title, are repealed. vise the Secretary on matters relating to na- ‘‘(A) IN GENERAL.—Before taking any sig- (B) CONFORMING AMENDMENT.—Section tional maritime security, including on en- nificant action, the Secretary shall consult 7510(c)(1)(C) of title 46, United States Code, is hancing the sharing of information related with, and consider the information, advice, amended by inserting ‘‘National’’ before to cybersecurity risks that may cause a and recommendations of, a committee estab- ‘‘Merchant Marine’’. transportation security incident, between lished under this chapter if the function of (4) NATIONAL BOATING SAFETY ADVISORY relevant Federal agencies and— the committee is to advise the Secretary on COUNCIL.— ‘‘(A) State, local, and tribal governments; matters related to the significant action. (A) REPEAL.—Section 13110 of title 46, ‘‘(B) relevant public safety and emergency ‘‘(B) INCLUSION.—For purposes of this para- United States Code, and the item relating to response agencies; graph, regulations proposed under chapter 45 that section in the analysis for chapter 131 of ‘‘(C) relevant law enforcement and security of this title are significant actions. that title, are repealed. organizations; ‘‘(2) ADVICE, REPORTS, AND RECOMMENDA- (B) CONFORMING AMENDMENTS.— ‘‘(D) maritime industry; TIONS.—Each committee established under (i) REGULATIONS.—Section 4302(c)(4) of title ‘‘(E) port owners and operators; and this chapter shall submit, in writing, to the 46, United States Code, is amended by strik- ‘‘(F) terminal owners and operators. Secretary its advice, reports, and rec- ing ‘‘Council established under section 13110 ‘‘(3) MEMBERSHIP.— ommendations, in a form and at a frequency of this title’’ and inserting ‘‘Committee es- ‘‘(A) IN GENERAL.—The Committee shall determined appropriate by the committee. tablished under section 15105 of this title’’. consist of at least 8 members, but not more ‘‘(3) EXPLANATION OF ACTIONS TAKEN.—Not (ii) REPAIR AND REPLACEMENT OF DE- than 21 members, appointed by the Secretary later than 60 days after the date on which FECTS.—Section 4310(f) of title 46, United in accordance with this subsection and sec- the Secretary receives recommendations States Code, is amended by striking ‘‘Advi- tion 15109 of this title. from a committee under paragraph (2), the sory Council’’ and inserting ‘‘Advisory Com- ‘‘(B) EXPERTISE.—Each member of the Secretary shall— mittee’’. Committee shall have particular expertise, ‘‘(A) publish the recommendations on a (5) NAVIGATION SAFETY ADVISORY COUNCIL.— knowledge, and experience in matters relat- website accessible at no charge to the public; Section 5 of the Inland Navigational Rules ing to the function of the Committee. ‘‘(B) if the recommendations are from the Act of 1980 (33 U.S.C. 2073) is repealed. ‘‘(C) REPRESENTATION.—Each of the fol- committee established under section 15102, (6) TOWING SAFETY ADVISORY COMMITTEE.— lowing shall be represented by at least 1 establish a mechanism for the submission of (A) REPEAL.—Public Law 96–380 (33 U.S.C. member of the Committee: public comments on the recommendations; 1231a) is repealed. ‘‘(i) Port authorities. and (B) CONFORMING AMENDMENTS.— ‘‘(ii) Facilities owners and operators. ‘‘(C) respond, in writing, to the committee (i) REDUCTION OF OIL SPILLS FROM SINGLE ‘‘(iii) Terminal owners and operators. regarding the recommendations, including HULL NON-SELF-PROPELLED TANK VESSELS.— ‘‘(iv) Vessel owners and operators.

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‘‘(v) Maritime labor organizations. ‘‘(4) OBSERVERS.— SEC. 703. REPORTING ON IMPACT OF ALLIANCES ‘‘(vi) The academic community. ‘‘(A) IN GENERAL.—The Secretary shall, and ON COMPETITION. ‘‘(vii) State and local governments. the head of any other interested Federal Section 306 of title 46, United States Code, ‘‘(viii) The maritime industry. agency may, designate a representative to is amended— ‘‘(D) DISTRIBUTION.—If the Committee con- participate as an observer with a committee (1) in subsection (b)— sists of at least 8 members who, together, established under this subsection. (A) in paragraph (4), by striking ‘‘; and’’ satisfy the minimum representation require- ‘‘(B) ROLE.—The Secretary’s designated and inserting a semicolon; ments of subparagraph (C), the Secretary representative to a committee established (B) in paragraph (5), by striking the period shall, based on the needs of the Coast Guard, under this subsection shall act as the execu- at the end and inserting ‘‘; and’’; and determine the number of additional members tive secretary of the committee and shall (C) by adding at the end the following: of the Committee who represent each entity perform the duties set forth in section 10(c) ‘‘(6) an analysis of the impacts on competi- specified in that subparagraph. Neither this of the Federal Advisory Committee Act (5 tion for the purchase of certain covered serv- subparagraph nor any other provision of law U.S.C. App.). ices by alliances of ocean common carriers shall be construed to require an equal dis- ‘‘(5) CONSIDERATION OF VIEWS.—The Sec- acting pursuant to an agreement under this tribution of members representing each enti- retary shall consider the information, ad- part between or among ocean common car- ty specified in subparagraph (C). vice, and recommendations of each com- riers, including a summary of actions, in- ‘‘(4) ADMINISTRATION.—For purposes of sec- mittee established under this subsection in cluding corrective actions, taken by the tion 15109 of this title, the Committee shall formulating policy regarding matters affect- Commission to promote such competition.’’; be treated as a committee established under ing maritime security. and chapter 151 of such title. ‘‘(6) COMPENSATION AND EXPENSES.— (2) by adding at the end the following: ‘‘(b) AREA MARITIME SECURITY ADVISORY ‘‘(A) IN GENERAL.—A member of a com- ‘‘(c) DEFINITION OF CERTAIN COVERED SERV- COMMITTEES.— mittee established under this subsection, ICES.—In this section, the term ‘certain cov- ‘‘(1) IN GENERAL.— when attending meetings of the committee ered services’ has the meaning given the ‘‘(A) ESTABLISHMENT.—The Secretary or when otherwise engaged in the business of term in section 40102.’’. may— the committee, is entitled to receive— SEC. 704. DEFINITION OF CERTAIN COVERED ‘‘(i) establish an Area Maritime Security ‘‘(i) compensation at a rate fixed by the SERVICES. Advisory Committee for any port area of the Secretary, not exceeding the daily equiva- Section 40102 of title 46, United States United States; and lent of the current rate of basic pay in effect Code, is amended— ‘‘(ii) request such a committee to review for GS–15 of the General Schedule under sec- (1) by redesignating paragraphs (5) through the proposed Area Maritime Transportation tion 5332 of title 5 including travel time; and (25) as paragraphs (6) through (26), respec- Security Plan developed under section ‘‘(ii) travel or transportation expenses tively; and 70103(b) and make recommendations to the under section 5703 of title 5. (2) by inserting after paragraph (4), the fol- Secretary that the committee considers ap- ‘‘(B) STATUS.—A member of a committee lowing: propriate. established under this subsection shall not ‘‘(5) CERTAIN COVERED SERVICES.—For pur- ‘‘(B) ADDITIONAL FUNCTIONS AND MEET- be considered to be an officer or employee of poses of sections 41105 and 41307, the term INGS.—A committee established under this the United States for any purpose based on ‘certain covered services’ means, with re- subsection for an area— the receipt of any payment under this para- spect to a vessel— ‘‘(i) may advise, consult with, report to, graph. ‘‘(A) the berthing or bunkering of the ves- and make recommendations to the Secretary ‘‘(7) FACA.—The Federal Advisory Com- sel; on matters relating to maritime security in mittee Act (5 U.S.C. App.) does not apply to ‘‘(B) the loading or unloading of cargo to that area; a committee established under this sub- or from the vessel to or from a point on a ‘‘(ii) may make available to the Congress section.’’. wharf or terminal; recommendations that the committee makes (b) TREATMENT OF EXISTING COMMITTEE.— to the Secretary; and Notwithstanding any other provision of ‘‘(C) the positioning, removal, or replace- ‘‘(iii) shall meet at the call of— law— ment of buoys related to the movement of ‘‘(I) the Secretary, who shall call such a (1) an advisory committee substantially the vessel; and meeting at least once during each calendar similar to the National Maritime Security ‘‘(D) with respect to injunctive relief under year; or Advisory Committee established under sec- section 41307, towing vessel services provided ‘‘(II) a majority of the committee. tion 70112(a) of title 46, United States Code, to such a vessel.’’. ‘‘(2) MEMBERSHIP.— as amended by this section, and that was in SEC. 705. REPORTS FILED WITH THE COMMIS- ‘‘(A) IN GENERAL.—Each committee estab- force or in effect on the day before the date SION. lished under this subsection shall consist of of enactment of this section, may remain in Section 40104(a) of title 46, United States at least 7 members appointed by the Sec- force or in effect for a period of 2 years from Code, is amended to read as follows: retary, each of whom has at least 5 years the date of enactment of this section, includ- ‘‘(a) REPORTS.— practical experience in maritime security ing that the charter, membership, and other ‘‘(1) IN GENERAL.—The Federal Maritime operations. aspects of the committee may remain in Commission may require a common carrier ‘‘(B) TERMS.—The term of each member of force or in effect; and or marine terminal operator, or an officer, a committee established under this sub- (2) during the 2-year period referenced in receiver, trustee, lessee, agent, or employee section shall be for a period of not more than paragraph (1)— of the common carrier or marine terminal 5 years, specified by the Secretary. (A) requirements relating to the National operator to file with the Commission a peri- ‘‘(C) NOTICE.—Before appointing an indi- Maritime Security Advisory Committee es- odical or special report, an account, record, vidual to a position on a committee estab- tablished under section 70112(a) of title 46, rate, or charge, or a memorandum of facts lished under this subsection, the Secretary United States Code, as amended by this sec- and transactions related to the business of shall publish a notice in the Federal Register tion, shall be treated as satisfied by the sub- the common carrier or marine terminal op- soliciting nominations for membership on stantially similar advisory committee; and erator, as applicable. the committee. (B) the enactment of this section, includ- ‘‘(2) REQUIREMENTS.—Any report, account, ‘‘(D) BACKGROUND EXAMINATIONS.—The Sec- ing the amendments made in this section, record, rate, charge, or memorandum re- retary may require an individual to have shall not be the basis— quired to be filed under paragraph (1) shall— passed an appropriate security background (i) to deem, find, or declare such com- ‘‘(A) be made under oath if the Commission examination before appointment to a committee, including the charter, membership, requires; and mittee established under this subsection. and other aspects thereof, void, not in force, ‘‘(B) be filed in the form and within the ‘‘(E) REPRESENTATION.—Each committee or not in effect; time prescribed by the Commission. established under this subsection shall be (ii) to suspend the activities of such com- ‘‘(3) LIMITATION.—The Commission shall— composed of individuals who represent the mittee; or ‘‘(A) limit the scope of any filing ordered interests of the port industry, terminal oper- (iii) to bar the members of such committee under this section to fulfill the objective of ators, port labor organizations, and other from meeting. the order; and users of the port areas. TITLE VII—FEDERAL MARITIME ‘‘(B) provide a reasonable period of time ‘‘(3) CHAIRPERSON AND VICE CHAIRPERSON.— COMMISSION for respondents to respond based upon their ‘‘(A) IN GENERAL.—Each committee estab- SEC. 701. SHORT TITLE. capabilities and the scope of the order.’’. lished under this subsection shall elect 1 of This title may be cited as the ‘‘Federal SEC. 706. PUBLIC PARTICIPATION. the committee’s members as the Chairperson Maritime Commission Authorization Act of (a) NOTICE OF FILING.—Section 40304(a) of and 1 of the committee’s members as the 2017’’. title 46, United States Code, is amended to Vice Chairperson. SEC. 702. AUTHORIZATION OF APPROPRIATIONS. read as follows: ‘‘(B) VICE CHAIRPERSON ACTING AS CHAIR- Section 308 of title 46, United States Code, ‘‘(a) NOTICE OF FILING.—Not later than 7 PERSON.—The Vice Chairperson shall act as is amended by striking ‘‘$24,700,000 for each days after the date an agreement is filed, the Chairperson in the absence or incapacity of of fiscal years 2016 and 2017’’ and inserting Federal Maritime Commission shall— the Chairperson, or in the event of a vacancy ‘‘$28,012,310 for fiscal year 2018 and $28,544,543 ‘‘(1) transmit a notice of the filing to the in the office of the Chairperson. for fiscal year 2019’’. Federal Register for publication; and

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(a) CONCERTED ACTION.—Section 41105 of ing is a Commissioner or an employee of the (b) REQUEST FOR INFORMATION AND DOCU- title 46, United States Code, is amended— Commission; MENTS.—Section 40304(d) of title 46, United (1) by redesignating paragraphs (5) through ‘‘(C) at least 1 Commissioner from each po- States Code, is amended by striking ‘‘sec- (8) as paragraphs (7) through (10), respec- litical party is present at the meeting, if ap- tion’’ and inserting ‘‘part’’. tively; and plicable; and (c) SAVING CLAUSE.—Nothing in this sec- (2) by inserting after paragraph (4) the fol- ‘‘(D) the General Counsel of the Commis- tion, or the amendments made by this sec- lowing: sion is present at the meeting. tion, may be construed— ‘‘(5) negotiate with a tug or towing vessel ‘‘(2) DISCLOSURE OF NONPUBLIC COLLABO- (1) to prevent the Federal Maritime Com- service provider on any matter relating to RATIVE DISCUSSIONS.—Except as provided mission from requesting from a person, at rates or services provided within the United under paragraph (3), not later than 2 business any time, any additional information or doc- States by those tugs or towing vessels; days after the conclusion of a meeting under uments the Commission considers necessary ‘‘(6) with respect to a vessel operated by an paragraph (1), the Commission shall make to carry out chapter 403 of title 46, United ocean common carrier within the United available to the public, in a place easily ac- States Code; States, negotiate for the purchase of certain cessible to the public— (2) to prescribe a specific deadline for the covered services, unless the negotiations and ‘‘(A) a list of the individuals present at the submission of relevant information and doc- any resulting agreements are not in viola- meeting; and uments in response to a request under section of the antitrust laws and are consistent ‘‘(B) a summary of the matters discussed tion 40304(a)(2) of title 46, United States with the purposes of this part, except that at the meeting, except for any matters the Code; or this paragraph does not prohibit the setting Commission properly determines may be (3) to limit the authority of the Commis- and publishing of a joint through rate by a withheld from the public under section sion to request information under section conference, joint venture, or association of 552b(c) of title 5. 40304(d) of title 46, United States Code. ocean common carriers;’’. ‘‘(3) EXCEPTION.—If the Commission properly determines matters may be withheld SEC. 707. OCEAN TRANSPORTATION INTER- (b) AUTHORITY.—Chapter 411 of title 46, MEDIARIES. United States Code, is amended— from the public under section 555b(c) of title (a) LICENSE REQUIREMENT.—Section 40901(a) (1) by inserting after section 41105 the fol- 5, the Commission shall provide a summary of title 46, United States Code, is amended by lowing: with as much general information as possible inserting ‘‘advertise, hold oneself out, or’’ ‘‘§ 41105A. Authority on those matters withheld from the public. after ‘‘may not’’. ‘‘Nothing in section 41105, as amended by ‘‘(4) ONGOING PROCEEDINGS.—If a meeting (b) APPLICABILITY.—Section 40901 of title the Federal Maritime Commission Author- under paragraph (1) directly relates to an on- 46, United States Code, is amended by adding ization Act of 2017, shall be construed to going proceeding before the Commission, the at the end the following: limit the authority of the Department of Commission shall make the disclosure under ‘‘(c) APPLICABILITY.—Subsection (a) and Justice regarding antitrust matters.’’; and paragraph (2) on the date of the final Com- section 40902 do not apply to a person that (2) in the analysis at the beginning of chap- mission decision. performs ocean transportation intermediary ter 411, by inserting after the item relating ‘‘(5) PRESERVATION OF OPEN MEETINGS RE- services on behalf of an ocean transportation to section 41105 the following: QUIREMENTS FOR AGENCY ACTION.—Nothing in this subsection may be construed to limit intermediary for which it is a disclosed ‘‘41105A. Authority.’’. the applicability of section 552b of title 5 agent.’’. (c) EXEMPTION.—Section 40307(b)(1) of title with respect to a meeting of the Commis- (c) FINANCIAL RESPONSIBILITY.—Section 46, United States Code, is amended by insert- 40902(a) of title 46, United States Code, is ing ‘‘tug operators,’’ after ‘‘motor carriers,’’. sioners other than that described in this subsection. amended by inserting ‘‘advertise, hold one- SEC. 710. INJUNCTIVE RELIEF SOUGHT BY THE TATUTORY CONSTRUCTION self out, or’’ after ‘‘may not’’. COMMISSION. ‘‘(6) S .—Nothing in this subsection may be construed— SEC. 708. COMMON CARRIERS. (a) IN GENERAL.—Section 41307(b) of title ‘‘(A) to limit the applicability of section (a) Section 41104 of title 46, United States 46, United States Code is amended— 552b of title 5 with respect to any informa- Code, is amended— (1) in paragraph (1) by inserting ‘‘or to sub- tion which is proposed to be withheld from (1) in the matter preceding paragraph (1), stantially lessen competition in the pur- the public under paragraph (2)(B) of this sub- by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘A chasing of certain covered services’’ after section; or common carrier’’; ‘‘transportation cost’’; and ‘‘(B) to authorize the Commission to with- (2) in subsection (a), as designated— (2) by adding at the end the following: hold from any individual any record that is (A) by amending paragraph (11) to read as ‘‘(4) COMPETITION FACTORS.—In making a accessible to that individual under section follows: determination under this subsection regarding whether an agreement is likely to sub- 552a of title 5.’’. ‘‘(11) knowingly and willfully accept cargo (b) TABLE OF CONTENTS.—The analysis at stantially lessen competition in the pur- from or transport cargo for the account of a the beginning of chapter 3 of title 46, United chasing of certain covered services, the Com- non-vessel-operating common carrier that States Code, is amended by amending the does not have a tariff as required by section mission may consider any relevant competi- item relating to section 303 to read as fol- 40501 of this title, or an ocean transportation tion factors in affected markets, including, lows: without limitation, the competitive effect of intermediary that does not have a bond, in- ‘‘303. Meetings.’’. surance, or other surety as required by sec- agreements other than the agreement under SEC. 712. TRANSPARENCY. tion 40902 of this title;’’; review.’’. (b) APPLICATION.—Section 41307(b) of title (a) IN GENERAL.—Beginning not later than (B) in paragraph (12), by striking the pe- 60 days after the date of enactment of this riod at the end and inserting ‘‘; or’’; and 46, United States Code, as amended, shall apply to any agreement filed or with an ef- Act, the Federal Maritime Commission shall (C) by adding at the end the following: submit to the Committee on Commerce, ‘‘(13) continue to participate simulta- fective date before, on, or after the date of enactment of this Act. Science, and Transportation of the Senate neously in a rate discussion agreement and and the Committee on Transportation and an agreement to share vessels, in the same SEC. 711. DISCUSSIONS. Infrastructure of the House of Representa- (a) IN GENERAL.—Section 303 of title 46, trade, if the interplay of the authorities ex- tives biannual reports that describe the ercised by the specified agreements is likely, United States Code, is amended to read as Commission’s progress toward addressing the by a reduction in competition, to produce an follows: issues raised in each unfinished regulatory unreasonable reduction in transportation ‘‘§ 303. Meetings proceeding, regardless of whether the pro- service or an unreasonable increase in trans- ‘‘(a) IN GENERAL.—The Federal Maritime ceeding is subject to a statutory or regu- portation cost.’’; and Commission shall be deemed to be an agency latory deadline. (3) by adding at the end the following: for purposes of section 552b of title 5. (b) FORMAT OF REPORTS.—Each report ‘‘(b) RULE OF CONSTRUCTION.—Notwith- ‘‘(b) RECORD.—The Commission, through under subsection (a) shall, among other standing any other provision of law, there is its secretary, shall keep a record of its meet- things, clearly identify for each unfinished no private right of action to enforce the pro- ings and the votes taken on any action, regulatory proceeding— hibition under subsection (a)(13). order, contract, or financial transaction of (1) the popular title; ‘‘(c) AGREEMENT VIOLATION.—Participants the Commission. (2) the current stage of the proceeding; in an agreement found by the Commission to ‘‘(c) NONPUBLIC COLLABORATIVE DISCUS- (3) an abstract of the proceeding; violate subsection (a)(13) shall have 90 days SIONS.— (4) what prompted the action in question; from the date of such Commission finding to ‘‘(1) IN GENERAL.—Notwithstanding section (5) any applicable statutory, regulatory, or withdraw from the agreement as necessary 552b of title 5, a majority of the Commis- judicial deadline; to comply with that subsection.’’. sioners may hold a meeting that is not open (6) the associated docket number; (b) APPLICATION.—Section 41104(a)(13) of to public observation to discuss official (7) the date the rulemaking was initiated; title 46, United States Code, as amended, agency business if— (8) a date for the next action; and shall apply to any agreement filed or with an ‘‘(A) no formal or informal vote or other (9) if a date for next action identified in effective date before, on, or after the date of official agency action is taken at the meet- the previous report is not met, the reason for enactment of this Act. ing; the delay.

VerDate Sep 11 2014 06:11 Oct 12, 2018 Jkt 089060 PO 00000 Frm 00079 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.056 S11OCPT1 dlhill on DSK3GLQ082PROD with SENATE S6856 CONGRESSIONAL RECORD — SENATE October 11, 2018 SEC. 713. STUDY OF BANKRUPTCY PREPARATION (D) eliminate redundancy with the officer Lakes, such as submerged pipelines and high- AND RESPONSE. specialty management system and any other traffic navigation locks; and (a) STUDY.—The Comptroller General of record information systems that are used (2) an institution of higher education with the United States shall conduct a study that during the officer assignment or promotion adequate aquatic research laboratory facili- examines the immediate aftermath of a process; ties and capabilities and expertise in Great major ocean carrier bankruptcy and its im- (E) provide for fairness and equity for Lakes aquatic ecology, environmental chem- pact through the supply chain. The study Coast Guard officers with regard to pro- istry, fish and wildlife, and water resources. shall consider any financial mechanisms motion boards, selection panels, and the as- (c) FUNCTIONS.—The Center of Expertise that could be used to mitigate the impact of signment process; and shall— any future bankruptcy events on the supply (F) ensure officer evaluation responsibil- (1) monitor and assess, on an ongoing chain. ities can be accomplished within normal basis, the current state of knowledge regard- (b) REPORT.—No later than 1 year after the working hours— ing freshwater oil spill response technologies date of enactment of this Act, the Comp- (i) to minimize any impact to officer du- and the behavior and effects of oil spills in troller General of the United States shall ties; and the Great Lakes; submit to the Committee on Commerce, (ii) to eliminate any need for an officer to (2) identify any significant gaps in Great Science, and Transportation of the Senate take liberty or leave for administrative pur- Lakes oil spill research, including an assess- and the Committee on Transportation and poses. ment of major scientific or technological de- Infrastructure of the House of Representa- (d) REPORT.— ficiencies in responses to past spills in the tives a report containing the findings, con- (1) IN GENERAL.—Not later than 545 days Great Lakes and other freshwater bodies, clusions, and recommendations, if any, from after the date of the enactment of this Act, and seek to fill those gaps; the study required under subsection (a). the Commandant of the Coast Guard shall (3) conduct research, development, testing, SEC. 714. AGREEMENTS UNAFFECTED. submit to the Committee on Commerce, and evaluation for freshwater oil spill re- Nothing in this Act may be construed— Science, and Transportation of the Senate sponse equipment, technologies, and tech- (1) to limit or amend the definition of and the Committee on Transportation and niques to mitigate and respond to oil spills ‘‘agreement’’ in section 40102(1) of title 46, Infrastructure of the House of Representa- in the Great Lakes; United States Code, with respect to the ex- tives a report on the findings of the surveys (4) educate and train Federal, State, and clusion of maritime labor agreements; or under subsection (b). local first responders located in Coast Guard (2) to apply to a maritime labor agreement (2) FORMAT.—The report under paragraph District 9 in— (as defined in section 40102(15) of that title). (1) shall be formatted by each rank, type of (A) the incident command system struc- TITLE VIII—MISCELLANEOUS board, and position, as applicable. ture; SEC. 804. EXTENSION OF AUTHORITY. SEC. 801. REPEAL OF OBSOLETE REPORTING RE- (B) Great Lakes oil spill response tech- QUIREMENT. Section 404 of the Coast Guard Authoriza- niques and strategies; and Subsection (h) of section 888 of the Home- tion Act of 2010 (Public Law 111–281; 124 Stat. (C) public affairs; and land Security Act of 2002 (6 U.S.C. 468) is re- 2950) is amended— (5) work with academic and private sector pealed. (1) in subsection (a), in the text preceding response training centers to develop and paragraph (1), by striking ‘‘sections 3304, SEC. 802. CORRECTIONS TO PROVISIONS EN- standardize maritime oil spill response ACTED BY COAST GUARD AUTHOR- 5333, and 5753’’ and inserting ‘‘section 3304’’; training and techniques for use on the Great IZATION ACTS. and Lakes. Section 604(b) of the Howard Coble Coast (2) by striking subsection (b), and redesig- (d) DEFINITION.—In this section, the term Guard and Maritime Transportation Act of nating subsection (c) as subsection (b). ‘‘Great Lakes’’ means Lake Superior, Lake 2014 (Public Law 113–281; 128 Stat. 3061) is SEC. 805. COAST GUARD ROTC PROGRAM. Michigan, Lake Huron, Lake Erie, and Lake amended by inserting ‘‘and fishery endorse- Not later than 1 year after the date of en- Ontario. ment’’ after ‘‘endorsement’’. actment of this Act, the Commandant of the Coast Guard shall submit to the Committee SEC. 808. PUBLIC SAFETY ANSWERING POINTS SEC. 803. OFFICER EVALUATION REPORT. AND MARITIME SEARCH AND RES- on Commerce, Science, and Transportation (a) IN GENERAL.—Not later than 3 years CUE COORDINATION. of the Senate and the Committee on Trans- after the date of the enactment of this Act, Not later than 180 days after the date of the Commandant of the Coast Guard shall portation and Infrastructure of the House of Representatives a report on the costs and the enactment of this Act— reduce lieutenant junior grade evaluation re- (1) the Secretary of the department in ports to the same length as an ensign or benefits of creating a Coast Guard Reserve Officers’ Training Corps Program based on which the Coast Guard is operating acting place lieutenant junior grade evaluations on the other Armed Forces programs. through the Commandant of the Coast Guard an annual schedule. shall review Coast Guard policies and proce- SEC. 806. CURRENCY DETECTION CANINE TEAM (b) SURVEYS.—Not later than 1 year after PROGRAM. dures for public safety answering points and the date of the enactment of this Act, the (a) DEFINITIONS.—In this section: search-and-rescue coordination with State Commandant of the Coast Guard shall con- (1) CANINE CURRENCY DETECTION TEAM.—The and local law enforcement entities in order duct surveys of— term ‘‘canine currency detection team’’ to— (1) outgoing promotion board members and means a canine and a canine handler that (A) further minimize the possibility of assignment officers to determine, at a min- are trained to detect currency. maritime 911 calls being improperly routed; imum— (2) SECRETARY.—The term ‘‘Secretary’’ and (A) which sections of the officer evaluation means the Secretary of the department in (B) assure the Coast Guard is able to effec- report were most useful; which the Coast Guard is operating. tively carry out the Coast Guard’s maritime (B) which sections of the officer evaluation (b) ESTABLISHMENT.—Not later than 1 year search and rescue mission; and report were least useful; after the date of enactment of this Act, the (2) the Commandant shall— (C) how to better reflect high performers; Secretary shall establish a program to allow (A) formulate a national maritime public and the use of canine currency detection teams safety answering points policy; and (D) any recommendations for improving for purposes of Coast Guard maritime law (B) submit a report to the Congress on such the officer evaluation report; and enforcement, including underway vessel assessment and policy, which shall include (2) at least 10 percent of the officers from boardings. an update to the report submitted in accord- each grade of officers from O1 to O6 to deter- (c) OPERATION.—The Secretary may co- ance with section 233 of the Howard Coble mine how much time each member of the operate with, or enter into an agreement Coast Guard and Maritime Transportation rating chain spends on that member’s por- with, the head of another Federal agency to Act of 2014. tion of the officer evaluation report. meet the requirements under subsection (b). SEC. 809. SHIP SHOAL LIGHTHOUSE TRANSFER: (c) REVISIONS.— SEC. 807. CENTER OF EXPERTISE FOR GREAT REPEAL. (1) IN GENERAL.—Not later than 4 years LAKES OIL SPILL SEARCH AND RE- Effective January 1, 2021, section 27 of the after the date of the completion of the sur- SPONSE. Coast Guard Authorization Act of 1991 (Pub- veys required by subsection (b), the Com- (a) IN GENERAL.—Not later than 1 year lic Law 102–241; 105 Stat. 2218) is repealed. mandant of the Coast Guard shall revise the after the date of enactment of this Act, the officer evaluation report, and provide cor- Commandant of the Coast Guard shall estab- SEC. 810. LAND EXCHANGE, AYAKULIK ISLAND, responding directions, taking into account lish a Center of Expertise for Great Lakes ALASKA. the requirements under paragraph (2). Oil Spill Preparedness and Response (re- (a) LAND EXCHANGE; AYAKULIK ISLAND, (2) REQUIREMENTS.—In revising the officer ferred to in this section as the ‘‘Center of Ex- ALASKA.—If the owner of Ayakulik Island, evaluation report under paragraph (1), the pertise’’) in accordance with section 313 of Alaska, offers to exchange the Island for the Commandant shall— title 14, United States Code, as amended by Tract— (A) consider the findings of the surveys this Act. (1) within 10 days after receiving such under subsection (b); (b) LOCATION.—The Center of Expertise offer, the Secretary shall provide notice of (B) improve administrative efficiency; shall be located in close proximity to— the offer to the Commandant; (C) reduce and streamline performance di- (1) critical crude oil transportation infra- (2) within 90 days after receiving the notice mensions and narrative text; structure on and connecting the Great under paragraph (1), the Commandant shall

VerDate Sep 11 2014 06:11 Oct 12, 2018 Jkt 089060 PO 00000 Frm 00080 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.056 S11OCPT1 dlhill on DSK3GLQ082PROD with SENATE October 11, 2018 CONGRESSIONAL RECORD — SENATE S6857 develop and transmit to the Secretary pro- ment with the National Academy of Sciences advance in subsequent appropriations Acts posed operational restrictions on commer- not later than 60 days after the date of the and in accordance with this section, the cial activity conducted on the Tract, includ- enactment of this Act under which the Acad- Commandant of the Coast Guard may reim- ing the right of the Commandant to— emy shall prepare an assessment of available burse a non-Federal entity for costs incurred (A) order the immediate termination, for a unmanned, autonomous, or remotely con- by the entity for a covered project. period of up to 72 hours, of any activity oc- trolled maritime domain awareness tech- (b) CONDITIONS.—The Commandant may curring on or from the Tract that violates or nologies for use by the Coast Guard. not provide reimbursement under subsection threatens to violate one or more of such re- (b) ASSESSMENT.—The assessment shall— (a) with respect to a covered project unless— strictions; or (1) describe the potential limitations of (1) the need for the project is a result of (B) commence a civil action for appro- current and emerging unmanned tech- the completion of construction with respect priate relief, including a permanent or tem- nologies used in the maritime domain for— to a federally authorized navigation channel; porary injunction enjoining the activity that (A) ocean observation; (2) the Commandant determines, through violates or threatens to violate such restric- (B) vessel monitoring and identification; an appropriate navigation safety analysis, tions; (C) weather observation; that the project is necessary to ensure safe (3) within 90 days after receiving the pro- (D) to the extent practicable for consider- marine transportation; posed operational restrictions from the Com- ation by the Academy, intelligence gath- (3) the Commandant approves the design of mandant, the Secretary shall transmit such ering, surveillance, and reconnaissance; and the project to ensure that it meets all appli- restrictions to the owner of Ayakulik Island; (E) communications; cable Coast Guard aids-to-navigation stand- and (2) examine how technologies described in ards and requirements; (4) within 30 days after transmitting the paragraph (1) can help prioritize Federal in- (4) the non-Federal entity agrees to trans- proposed operational restrictions to the vestment by examining; fer the project upon completion to the Coast owner of Ayakulik Island, and if the owner (A) affordability, including acquisition, op- Guard for operation and maintenance by the agrees to such restrictions, the Secretary erations, and maintenance; Coast Guard as a Federal aid to navigation; shall convey all right, title, and interest of (B) reliability; (5) the non-Federal entity carries out the the United States in and to the Tract to the (C) versatility; project in accordance with the same laws owner, subject to an easement granted to the (D) efficiency; and and regulations that would apply to the Commandant to enforce such restrictions, in (E) estimated service life and persistence Coast Guard if the Coast Guard carried out exchange for all right, title, and interest of of effort; and the project, including obtaining all permits such owner in and to Ayakulik Island. (3) analyze whether the use of new and required for the project under Federal and (b) BOUNDARY REVISIONS.—The Secretary emerging maritime domain awareness tech- State law; and may make technical and conforming revi- nologies can be used to— (6) the Commandant determines that the sions to the boundaries of the Tract before (A) carry out Coast Guard missions at project satisfies such additional require- the date of the exchange. lower costs; ments as may be established by the Com- (c) PUBLIC LAND ORDER.—Effective on the (B) expand the scope and range of Coast mandant. date of an exchange under subsection (a), Guard maritime domain awareness; (c) LIMITATIONS.—Reimbursements under Public Land Order 5550 shall have no force or (C) allow the Coast Guard to more effi- subsection (a) may not exceed the following: effect with respect to submerged lands that ciently and effectively allocate Coast Guard (1) For a single covered project, $5,000,000. are part of the Tract. vessels, aircraft, and personnel; and (2) For all covered projects in a single fis- (d) FAILURE TO TIMELY RESPOND TO NO- (D) identify adjustments that would be cal year, $5,000,000. TICE.—If the Commandant does not transmit necessary in Coast Guard policies, proce- (d) EXPIRATION.—The authority granted proposed operational restrictions to the Sec- dures, and protocols to incorporate un- under this section shall expire on the date retary within 30 days after receiving the no- manned technologies to enhance efficiency. that is 4 years after the date of enactment of this section. tice under subsection (a)(1), the Secretary (c) REPORT TO CONGRESS.—Not later than 1 (e) COVERED PROJECT DEFINED.—In this sec- shall, by not later than 60 days after trans- year after entering into an arrangement tion, the term ‘‘covered project’’ means a mitting such notice, convey all right, title, with the Secretary under subsection (a), the project carried out— and interest of the United States in and to National Academy of Sciences shall submit (1) by a non-Federal entity to construct the Tract to the owner of Ayakulik Island in the assessment prepared under this section and establish an aid to navigation that fa- exchange for all right, title, and interest of to the Committees on Transportation and In- cilitates safe and efficient marine transpor- such owner in and to Ayakulik Island. frastructure and Homeland Security of the tation on a Federal navigation project au- (e) CERCLA NOT AFFECTED.—This section House of Representatives and the Committee thorized by title I of the Water Resources and an exchange under this section shall not on Commerce, Science, and Transportation Development Act of 2007 (Public Law 110– be construed to limit the application of or of the Senate. 114); and otherwise affect section 120(h) of the Com- (d) USE OF INFORMATION.—In formulating (2) in an area that was affected by Hurri- prehensive Environmental Response, Com- costs pursuant to subsection (b), the Na- cane Harvey. pensation, and Liability Act of 1980 (42 tional Academy of Sciences may utilize in- U.S.C. 9620(h)). formation from other Coast Guard reports, SEC. 815. TOWING SAFETY MANAGEMENT SYSTEM FEES. (f) DEFINITIONS.—In this section: assessments, or analyses regarding existing (a) REVIEW.—The Commandant of the (1) COMMANDANT.—The term ‘‘Com- Coast Guard manpower requirements or Coast Guard shall— mandant’’ means the Secretary of the de- other reports, assessments, or analyses for (1) review and compare the costs to the partment in which the Coast Guard is oper- the acquisition of unmanned, autonomous, Government of— ating, acting through the Commandant of or remotely controlled technologies by the (A) towing vessel inspections performed by the Coast Guard. Federal Government. the Coast Guard; and (2) SECRETARY.—The term ‘‘Secretary’’ SEC. 813. MONITORING. (B) such inspections performed by a third means the Secretary of the Interior. (a) IN GENERAL.—The Secretary of the de- party; and (3) TRACT.—The term ‘‘Tract’’ means the partment in which the Coast Guard is oper- (2) based on such review and comparison, land (including submerged land) depicted as ating shall conduct a 1-year pilot program to determine whether the costs to the Govern- ‘‘PROPOSED PROPERTY EXCHANGE determine the impact of persistent use of dif- ment of such inspections performed by a AREA’’ on the survey titled ‘‘PROPOSED ferent types of surveillance systems on ille- third party are different than the costs to PROPERTY EXCHANGE PARCEL’’ and gal maritime activities, including illegal, the Government of such inspections per- dated 3/22/17. unreported, and unregulated fishing, in the formed by the Coast Guard. SEC. 811. USE OF TRACT 43. Western Pacific region. (b) REVISION OF FEES.—If the Commandant Section 524(e)(2) of the Pribilof Island (b) REQUIREMENTS.—The pilot program determines under subsection (a) that the Transition Completion Act of 2016 (Public shall— costs to the Government of such inspections Law 114–120), as amended by section 3533 of (1) consider the use of light aircraft-based performed by a third party are different than the Pribilof Island Transition Completion detection systems that can identify poten- the costs to the Government of such inspec- Amendments Act of 2016 (subtitle B of title tial illegal activity from high altitudes and tions performed by the Coast Guard, then XXXV of Public Law 114-328), is amended produce enforcement-quality evidence at low the Commandant shall revise the fee as- by— altitudes; and sessed by the Coast Guard for such inspec- (1) striking ‘‘each month’’ and inserting (2) be directed at detecting and deterring tions as necessary to conform to the require- ‘‘each April and October’’; and illegal maritime activities, including illegal, ments under section 9701 of title 31, United (2) striking ‘‘previous month’’ and insert- unreported, and unregulated fishing, and en- States Code, that such fee be based on the ing ‘‘previous six months’’. hancing maritime domain awareness. cost to the Government of such inspections SEC. 812. COAST GUARD MARITIME DOMAIN SEC. 814. REIMBURSEMENTS FOR NON-FEDERAL and accurately reflect such costs. AWARENESS. CONSTRUCTION COSTS OF CERTAIN SEC. 816. OIL SPILL DISBURSEMENTS AUDITING (a) IN GENERAL.—The Secretary of the de- AIDS TO NAVIGATION. AND REPORT. partment in which the Coast Guard is oper- (a) IN GENERAL.—Subject to the avail- Section 1012 of the Oil Pollution Act of 1990 ating shall seek to enter into an arrange- ability of amounts specifically provided in (33 U.S.C. 2712) is amended—

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(1) by repealing subsection (g); (c) CONSULTATION AND TRANSPARENCY.— (b) CONTENTS.—The plan under subsection (2) in subsection (l)(1), by striking ‘‘Within (1) CONSULTATION.—In consulting with the (a) shall include— one year after the date of enactment of the Federal and non-Federal stakeholders under (1) an analysis of the work required to ex- Coast Guard Authorization Act of 2010, and subsection (a), the Secretary of the depart- tend the life of vessels described in sub- annually thereafter,’’ and inserting ‘‘Each ment in which the Coast Guard is operating section (a); year, on the date on which the President sub- shall— (2) recommendations for which, if any, mits to Congress a budget under section 1105 (A) provide the stakeholders with opportu- such vessels it is cost effective to undertake of title 31, United States Code,’’; and nities for input— a ship-life extension or enhanced mainte- (3) by amending subsection (l)(2) to read as (i) prior to initially drafting the report, in- nance program; follows: cluding the assessment and strategic plan; (3) an analysis of the aids to navigation ‘‘(2) CONTENTS.—The report shall include— and program to determine if advances in naviga- ‘‘(A) a list of each incident that— (ii) not later than 3 months prior to final- tion technology may reduce the needs for ‘‘(i) occurred in the preceding fiscal year; izing the report, including the assessment physical aids to navigation; and and strategic plan, for submission; and (4) recommendations for changes to phys- ‘‘(ii) resulted in disbursements from the (B) document the input and its disposition ical aids to navigation and the distribution Fund, for removal costs and damages, total- in the report. of such aids that reduce the need for the ac- ing $500,000 or more; (2) TRANSPARENCY.—All input provided quisition of vessels to replace the vessels de- ‘‘(B) a list of each incident that— under paragraph (1) shall be made available scribed in subsection (a); ‘‘(i) occurred in the fiscal year preceding to the public. (5) a schedule for the acquisition of vessels the preceding fiscal year; and (d) ENSURING MARITIME COVERAGE.—In to replace the vessels described in subsection ‘‘(ii) resulted in disbursements from the order to meet Coast Guard mission require- (a), including the date on which the first ves- Fund, for removal costs and damages, total- ments for search and rescue, ports, water- sel will be delivered; ing $500,000 or more; and ways, and coastal security, and maritime en- (6) the date such acquisition will be com- ‘‘(C) an accounting of any amounts reim- vironmental response during recapitalization plete; bursed to the Fund in the preceding fiscal of Coast Guard vessels, the Coast Guard shall (7) a description of the order and location year that were recovered from a responsible ensure continuity of the coverage, to the of replacement vessels; party for an incident that resulted in dis- maximum extent practicable, in the loca- (8) an estimate of the cost per vessel and of bursements from the Fund, for removal costs tions that may lose assets. the total cost of the acquisition program of and damages, totaling $500,000 or more.’’. SEC. 818. NATIONAL SECURITY CUTTER. record; and SEC. 817. FLEET REQUIREMENTS ASSESSMENT (a) STANDARD METHOD FOR TRACKING.—The (9) an analysis of whether existing vessels AND STRATEGY. can be used. (a) REPORT.—Not later than 1 year after Commandant of the Coast Guard may not the date of enactment of this Act, the Sec- certify an eighth National Security Cutter SEC. 820. GREAT LAKES ICEBREAKER ACQUISI- TION. retary of the department in which the Coast as Ready for Operations before the date on (a) ICEBREAKING ON THE GREAT LAKES.—For Guard is operating, in consultation with in- which the Commandant provides to the Com- terested Federal and non-Federal stake- mittee on Transportation and Infrastructure fiscal years 2018 and 2019, the Commandant holders, shall submit to the Committee on of the House of Representatives and the of the Coast Guard may use funds made Commerce, Science, and Transportation of Committee on Commerce, Science, and available pursuant to section 4902 of title 14, the Senate and the Committee on Transpor- Transportation of the Senate— United States Code, as amended by this Act, tation and Infrastructure of the House of (1) a notification of a new standard method for the construction of an icebreaker that is Representatives a report including— for tracking operational employment of at least as capable as the Coast Guard Cutter (1) an assessment of Coast Guard at-sea Coast Guard major cutters that does not in- Mackinaw to enhance icebreaking capacity operational fleet requirements to support its clude time during which such a cutter is on the Great Lakes. statutory missions established in the Home- away from its homeport for maintenance or (b) ACQUISITION PLAN.—Not later than 45 land Security Act of 2002 (6 U.S.C. 101 et repair; and days after the date of enactment of this Act, seq.); and (2) a report analyzing cost and performance the Commandant shall submit a plan to the (2) a strategic plan for meeting the require- for different approaches to achieving varied Committee on Commerce, Science, and ments identified under paragraph (1). levels of operational employment using the Transportation of the Senate and the Com- (b) CONTENTS.—The report under sub- standard method required by paragraph (1) mittee on Transportation and Infrastructure section (a) shall include— that, at a minimum— of the House of Representatives for acquiring (1) an assessment of— (A) compares over a 30-year period the av- an icebreaker described in subsections (a) (A) the extent to which the Coast Guard erage annualized baseline cost and perform- and (b). Such plan shall include— at-sea operational fleet requirements re- ances for a certified National Security Cut- (1) the details and schedule of the acquisi- ferred to in subsection (a)(1) are currently ter that operated for 185 days away from tion activities to be completed; and being met; homeport or an equivalent alternative meas- (2) a description of how the funding for (B) the Coast Guard’s current fleet, its ure of operational tempo— Coast Guard acquisition, construction, and operational lifespan, and how the anticipated (i) against the cost of a 15 percent increase improvements that was appropriated under changes in the age and distribution of vessels in days away from homeport or an equiva- the Consolidated Appropriations Act, 2017 in the fleet will impact the ability to meet lent alternative measure of operational (Public Law 115–31) will be allocated to sup- at-sea operational requirements; tempo for a National Security Cutter; and port the acquisition activities referred to in (C) fleet operations and recommended im- (ii) against the cost of the acquisition and paragraph (1). provements to minimize costs and extend operation of an additional National Security SEC. 821. POLAR ICEBREAKERS. operational vessel life spans; and Cutter; and (a) ENHANCED MAINTENANCE PROGRAM FOR (D) the number of Fast Response Cutters, (B) examines the optimal level of oper- THE POLAR STAR.— Offshore Patrol Cutters, and National Secu- ational employment of National Security (1) IN GENERAL.—Subject to the avail- rity Cutters needed to meet at-sea oper- Cutters to balance National Security Cutter ability of appropriations, the Commandant ational requirements as compared to planned cost and mission performance. of the Coast Guard shall conduct an en- acquisitions under the current programs of (b) CONFORMING AMENDMENTS.— hanced maintenance program on Coast record; (1) Section 221(b) of the Coast Guard and Guard Cutter Polar Star (WAGB–10) to extend (2) an analysis of— Maritime Transportation Act of 2012 (126 the service life of such vessel until at least (A) how the Coast Guard at-sea operational Stat. 1560) is repealed. December 31, 2025. fleet requirements are currently met, includ- (2) Section 204(c)(1) of the Coast Guard Au- (2) REQUIREMENT FOR REPORT.—Not later ing the use of the Coast Guard’s current cut- thorization Act of 2016 (130 Stat. 35) is re- than 180 days after the date of the enactment ter fleet, agreements with partners, char- pealed. of the Coast Guard Authorization Act of 2017, tered vessels, and unmanned vehicle tech- SEC. 819. ACQUISITION PLAN FOR INLAND WA- the Secretary of the department in which nology; and TERWAY AND RIVER TENDERS AND the Coast Guard is operating, in consultation (B) whether existing and planned cutter BAY-CLASS ICEBREAKERS. with Naval Sea Systems Command, shall programs of record (including the Fast Re- (a) ACQUISITION PLAN.—Not later than 270 submit to the Committee on Commerce, sponse Cutter, Offshore Patrol Cutter, and days after the date of the enactment of this Science, and Transportation and the Com- National Security Cutter) will enable the Act, the Commandant of the Coast Guard mittee on Armed Services of the Senate and Coast Guard to meet at-sea operational re- shall submit to the Committee on Com- the Committee on Transportation and Infra- quirements; and merce, Science, and Transportation of the structure and the Committee on Armed (3) a description of— Senate and the Committee on Transpor- Services of the House of Representatives a (A) planned manned and unmanned vessel tation and Infrastructure of the House of detailed report describing a plan to extend acquisition; and Representatives a plan to replace or extend the service life of the Coast Guard Cutter (B) how such acquisitions will change the the life of the Coast Guard fleet of inland wa- Polar Star (WAGB–10) until at least December extent to which the Coast Guard at-sea oper- terway and river tenders, and the Bay-class 31, 2025, through an enhanced maintenance ational requirements are met. icebreakers. program.

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(3) CONTENT.—The report required by para- (d) CONTENTS.—The report under sub- (ii) submits a request for credit to, and re- graph (2) shall include the following: section (c) shall include— ceives approval from, the Commandant. (A) An assessment and discussion of the (1) a description of the Coast Guard’s (b) REPORT.— enhanced maintenance program rec- progress toward each strategic objective (1) IN GENERAL.—Not later than 120 days ommended by the National Academies of identified in the United States Coast Guard after the date of enactment of this Act, the Sciences, Engineering, and Medicine’s Com- Arctic Strategy dated May 2013; Commandant of the Coast Guard shall sub- mittee on Polar Icebreaker Cost Assessment (2) an assessment of the assets and infra- mit to the Committee on Commerce, in the letter report ‘‘Acquisition and Oper- structure necessary to meet the strategic ob- Science, and Transportation of the Senate ation of Polar Icebreakers: Fulfilling the Na- jectives identified in the United States Coast and the Committee on Transportation and tion’s Needs’’. Guard Arctic Strategy dated May 2013 based Infrastructure of the House of Representa- (B) An assessment and discussion of the on factors such as— tives a report on the oil spill prevention and Government Accountability Office’s con- (A) response time; response capabilities for the area covered by cerns and recommendations regarding serv- (B) coverage area; the Captain of the Port Zone (as established ice life extension work on Coast Guard Cut- (C) endurance on scene; by the Commandant) that includes the Arc- ter Polar Star (WAGB–10) in the report ‘‘Sta- (D) presence; and tic. tus of the Coast Guard’s Polar Icebreaking (E) deterrence; (2) CONTENTS.—The report submitted under Fleet Capability and Recapitalization Plan’’. (3) an analysis of the sufficiency of the dis- paragraph (1) shall include the following: (C) Based upon a materiel condition assess- tribution of National Security Cutters, Off- (A) A description of equipment and assets ment of the Coast Guard Cutter Polar Star shore Patrol Cutters, and Fast Response Cut- available for response under the vessel re- (WAGB–10)— ters both stationed in various Alaskan ports sponse plans approved for vessels operating (i) a description of the service life exten- and in other locations to meet the strategic in the area covered by the Captain of the sion needs of the vessel; objectives identified in the United States Port Zone, including details on any providers (ii) detailed information regarding planned Coast Guard Arctic Strategy, dated May of such equipment and assets. shipyard work for each fiscal year to meet 2013; (B) A description of the location of such such needs; and (4) plans to provide communications equipment and assets, including an estimate (iii) an estimate of the amount needed to throughout the entire Coastal Western Alas- of the time to deploy the equipment and as- be appropriated to complete the enhanced ka Captain of the Port zone to improve wa- sets. maintenance program. terway safety and mitigate close calls, colli- (C) A determination of how effectively (D) A plan to ensure the vessel will main- sions, and other dangerous interactions be- such equipment and assets are distributed tain seasonally operational status during the tween the shipping industry and subsistence throughout the area covered by the Captain enhanced maintenance program. hunters; of the Port Zone. (5) plans to prevent marine casualties, (4) AUTHORIZATION OF APPROPRIATIONS.— (D) A statement regarding whether the The Commandant of the Coast Guard may when possible, by ensuring vessels avoid en- ability to maintain and deploy such equip- use funds made available pursuant to section vironmentally sensitive areas and perma- ment and assets is taken into account when 4902 of title 14, United States Code, as nent security zones; measuring the equipment and assets avail- (6) an explanation of— amended by section 202 of this Act, for the able throughout the area covered by the Cap- (A) whether it is feasible to establish a ves- enhanced maintenance program described in tain of the Port Zone. sel traffic service, using existing resources the report required by subsection (a). (E) A validation of the port assessment or otherwise; and (b) COAST GUARD AND MARITIME TRANSPOR- visit process and response resource inventory (B) whether an Arctic Response Center of TATION ACT OF 2012; AMENDMENT.—Section for response under the vessel response plans Expertise is necessary to address the gaps in 222 of the Coast Guard and Maritime Trans- approved for vessels operating in the area experience, skills, equipment, resources, portation Act of 2012 (Public Law 112–213), as covered by the Captain of the Port Zone. training, and doctrine to prepare, respond to, amended, is further amended as follows: (F) A determination of the compliance rate and recover spilled oil in the Arctic; and (1) by striking subsections (a) through (d); with Federal vessel response plan regula- (2) by redesignating subsections (e) (7) an assessment of whether sufficient agreements are in place to ensure the Coast tions in the area covered by the Captain of through (g) as subsections (a) through (c), re- the Port Zone during the previous 3 years. spectively; Guard is receiving the information it needs to carry out its responsibilities. (G) A description of the resources needed (3) in subsection (a), as redesignated— throughout the area covered by the Captain SEC. 823. ARCTIC PLANNING CRITERIA. (A) in the matter preceding paragraph (1), of the Port Zone to conduct port assess- (a) ALTERNATIVE PLANNING CRITERIA.— by striking ‘‘Except as provided in sub- ments, exercises, response plan reviews, and (1) IN GENERAL.—For purposes of the Oil section (c), the Commandant’’ and inserting spill responses. ‘‘The Commandant’’; Pollution Act of 1990 (33 U.S.C. 2701 et seq.), the Commandant of the Coast Guard may ap- (c) DEFINITION OF ARCTIC.—In this section, (B) in paragraph (1) by striking ‘‘Polar Sea the term ‘‘Arctic’’ has the meaning given the or’’; prove a vessel response plan under section 311 of the Federal Water Pollution Control term under section 112 of the Arctic Re- (C) in paragraph (2) by striking ‘‘either of search and Policy Act of 1984 (15 U.S.C. 4111). the vessels’’ and inserting ‘‘the Polar Star or Act (33 U.S.C. 1321) for a vessel operating in any area covered by the Captain of the Port SEC. 824. VESSEL RESPONSE PLAN AUDIT. the Polar Sea’’; and Zone (as established by the Commandant) (a) IN GENERAL.—Not later than 1 year (D) in paragraph (3) by striking ‘‘either of that includes the Arctic, if the Commandant after the date of enactment of this Act, the the vessels’’ each place it appears and insert- verifies that— Comptroller General of the United States ing ‘‘the Polar Star’’. (A) equipment required to be available for shall complete and submit to the Committee SEC. 822. STRATEGIC ASSETS IN THE ARCTIC. response under the plan has been tested and on Commerce, Science, and Transportation (a) DEFINITION OF ARCTIC.—In this section, proven capable of operating in the environ- of the Senate and the Committee on Trans- the term ‘‘Arctic’’ has the meaning given the mental conditions expected in the area in portation and Infrastructure of the House of term in section 112 of the Arctic Research which it is intended to be operated; and Representatives a comprehensive review of and Policy Act of 1984 (15 U.S.C. 4111). (B) the operators of such equipment have the processes and resources used by the (b) SENSE OF CONGRESS.—It is the sense of Congress that— conducted training on the equipment within Coast Guard to implement vessel response (1) the Arctic continues to grow in signifi- the area covered by such Captain of the Port plan requirements under section 311 of the cance to both the national security interests Zone. Federal Water Pollution Control Act (33 and the economic prosperity of the United (2) POST-APPROVAL REQUIREMENTS.—In ap- U.S.C. 1321). States; and proving a vessel response plan under para- (b) REQUIRED ELEMENTS OF REVIEW.—The (2) the Coast Guard must ensure it is posi- graph (1), the Commandant shall— review required under subsection (a) shall, at tioned to respond to any accident, incident, (A) require that the oil spill removal orga- a minimum, include— or threat with appropriate assets. nization identified in the vessel response (1) a study, or an audit if appropriate, of (c) REPORT.—Not later than 1 year after plan conduct regular exercises and drills the processes the Coast Guard uses— the date of enactment of this Act, the Com- using the response resources identified in the (A) to approve the vessel response plans re- mandant of the Coast Guard, in consultation plan in the area covered by the Captain of ferred to in subsection (a); with the Secretary of Defense and taking the Port Zone that includes the Arctic; and (B) to approve alternate planning criteria into consideration the Department of De- (B) allow such oil spill removal organiza- used in lieu of National Planning Criteria in fense 2016 Arctic Strategy, shall submit to tion to take credit for a response to an ac- approving such plans; the Committee on Commerce, Science, and tual spill or release in the area covered by (C) to verify compliance with such plans; Transportation of the Senate and the Com- such Captain of the Port Zone, instead of and mittee on Transportation and Infrastructure conducting an exercise or drill required (D) to act in the event of a failure to com- of the House of Representatives a report on under subparagraph (A), if the oil spill re- ply with the requirements of such plans; the progress toward implementing the stra- moval organization— (2) an examination of all Federal and State tegic objectives described in the United (i) documents which exercise or drill re- agency resources used by the Coast Guard in States Coast Guard Arctic Strategy dated quirements were met during the response; carrying out the processes identified under May 2013. and paragraph (1), including—

VerDate Sep 11 2014 06:11 Oct 12, 2018 Jkt 089060 PO 00000 Frm 00083 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.056 S11OCPT1 dlhill on DSK3GLQ082PROD with SENATE S6860 CONGRESSIONAL RECORD — SENATE October 11, 2018 (A) the current staffing model and organi- (3) there is a backlog of applications for Secretary of the department in which the zation; recreational vessel documentation. Coast Guard is operating shall implement (B) data, software, simulators, systems, or SEC. 827. EQUIPMENT REQUIREMENTS; EXEMP- the plan and shall at a minimum— other technology, including those pertaining TION FROM THROWABLE PERSONAL (1) leverage Coast Guard staff, resources, to weather, oil spill trajectory modeling, and FLOTATION DEVICES REQUIRE- and systems available; risk management; MENT. (2) monitor implementation nationwide to (C) the total amount of time per fiscal year Not later than one year after the date of ensure adherence to plan contents; expended by Coast Guard personnel to ap- enactment of this Act, the Secretary of the (3) allow each Captain of the Port to adopt prove and verify compliance with vessel re- department in which the Coast Guard is op- the most effective strategy and means to sponse plans; and erating shall— communicate with commercial fishing vessel (D) the average amount of time expended (1) prescribe regulations in part 160 of title industry in that Captain of the Port Zone; by the Coast Guard for approval of, and 46, Code of Federal Regulations, that treat a (4) document communication and out- verification of compliance with, a single ves- marine throw bag, as that term is commonly reach; and sel response plan; used in the commercial whitewater rafting (5) solicit feedback from the commercial (3) an analysis of how, including by what industry, as a type of lifesaving equipment; fishing vessel industry. means or methods, the processes identified and (d) REPORT AND UPDATES.—The Secretary under paragraph (1)— (2) revise section 175.17 of title 33, Code of of the department in which the Coast Guard (A) ensure compliance with applicable law; Federal Regulations, to exempt rafts that is operating shall— (B) are implemented by the Coast Guard, are 16 feet or more overall in length from the (1) submit to the Committee on Commerce, including at the district and sector levels; requirement to carry an additional Science, and Transportation of the Senate (C) are informed by public comment and throwable personal flotation device when and the Committee on Transportation and engagement with States, Indian Tribes, and such a marine throw bag is onboard and ac- Infrastructure of the House of Representa- other regional stakeholders; cessible. tives a report on the effectiveness of the plan (D) ensure availability and adequate oper- SEC. 828. VISUAL DISTRESS SIGNALS AND ALTER- to date and any updates to ensure maximum ational capability and capacity of required NATIVE USE. impact of the plan one year after the date of assets and equipment, including in cases in (a) IN GENERAL.—The Secretary of the de- enactment of this Act, and every 4 years which contractual obligations may limit the partment in which the Coast Guard is oper- thereafter; and availability of such assets and equipment for ating shall develop a performance standard (2) include in such report input from indi- response; for the alternative use and possession of vis- vidual Captains of the Port and any feedback (E) provide for adequate asset and equip- ual distress alerting and locating signals as received from the commercial fishing vessel ment mobilization time requirements, par- mandated by carriage requirements for rec- industry. ticularly with respect to— reational boats in subpart C of part 175 of SEC. 831. ATLANTIC COAST PORT ACCESS ROUTE (i) calculation and establishment of such title 33, Code of Federal Regulations. STUDY RECOMMENDATIONS. requirements; (b) REGULATIONS.—Not later than 180 days Not later than 30 days after the date of the (ii) verifying compliance with such re- after the performance standard for alter- enactment of the Act, the Commandant of quirements; and native use and possession of visual distress the Coast Guard shall notify the Committee (iii) factoring in weather, including spe- alerting and locating signals is finalized, the on Transportation and Infrastructure of the cific regional adverse weather as defined in Secretary shall revise part 175 of title 33, House of Representatives and the Committee section 155.1020 of title 33, Code of Federal Code of Federal Regulations, to allow for on Commerce, Science, and Transportation Regulations, in calculating, establishing, carriage of such alternative signal devices. of the Senate of action taken to carry out the recommendations contained in the final and verifying compliance with such require- SEC. 829. RADAR REFRESHER TRAINING. report issued by the Atlantic Coast Port Ac- ments; Not later than 60 days after the date of en- cess Route Study (ACPARS) workgroup for (F) ensure response plan updates and vessel actment of this Act, the Secretary of the de- which notice of availability was published compliance when changes occur in response partment in which the Coast Guard is oper- March 14, 2016 (81 Fed. Reg. 13307). planning criteria, asset and equipment mobi- ating shall prescribe a final rule eliminating SEC. 832. DRAWBRIDGES. lization times, or regional response needs, the requirement that a mariner actively Section 5 of the Act entitled ‘‘An Act mak- such as trends in transportation of high using the mariner’s credential complete an ing appropriations for the construction, re- gravity oils or changes in vessel traffic vol- approved refresher or recertification course pair, and preservation of certain public ume; and to maintain a radar observer endorsement. works on rivers and harbors, and for other (G) enable effective action by the Coast This rulemaking shall be exempt from chap- purposes’’, approved August 18, 1894 (33 Guard in the event of a failure to comply ters 5 and 6 of title 5, United States Code, U.S.C. 499), is amended by adding at the end with response plan requirements; and Executive Orders 12866 and 13563. the following: (4) a determination regarding whether SEC. 830. COMMERCIAL FISHING VESSEL SAFETY ‘‘(d) TEMPORARY CHANGES TO DRAWBRIDGE asset and equipment mobilization time re- NATIONAL COMMUNICATIONS PLAN. OPERATING SCHEDULES.—Notwithstanding quirements under approved vessel response (a) REQUIREMENT FOR PLAN.—Not later section 553 of title 5, United States Code, plans can be met by the vessels to which than 1 year after the date of enactment of whenever a temporary change to the oper- they apply; and this Act, the Secretary of the department in ating schedule of a drawbridge, lasting 180 (5) recommendations for improving the which the Coast Guard is operating shall de- days or less— processes identified under paragraph (1), in- velop and submit to the Committee on Com- ‘‘(1) is approved— cluding recommendations regarding the suf- merce, Science, and Transportation of the ‘‘(A) the Secretary of the department in ficiency of Coast Guard resources dedicated Senate and the Committee on Transpor- which the Coast Guard is operating shall— to those processes. tation and Infrastructure of the House of ‘‘(i) issue a deviation approval letter to the SEC. 825. WATERS DEEMED NOT NAVIGABLE Representatives a national communications bridge owner; and WATERS OF THE UNITED STATES plan for the purposes of— ‘‘(ii) announce the temporary change in— FOR CERTAIN PURPOSES. (1) disseminating information to the com- ‘‘(I) the Local Notice to Mariners; For purposes of the application of subtitle mercial fishing vessel industry; ‘‘(II) a broadcast notice to mariners and II of title 46, United States Code, to the Vol- (2) conducting outreach with the commer- through radio stations; or unteer (Hull Number CCA4108), the Illinois cial fishing vessel industry; ‘‘(III) such other local media as the Sec- and Michigan Canal is deemed to not be nav- (3) facilitating interaction with the com- retary considers appropriate; and igable waters of the United States. mercial fishing vessel industry; and ‘‘(B) the bridge owner, except a railroad SEC. 826. DOCUMENTATION OF RECREATIONAL (4) releasing information collected under bridge owner, shall notify— VESSELS. section 15102 of title 46, United States Code, ‘‘(i) the public by publishing notice of the Coast Guard personnel performing nonrec- as added by this Act, to the commercial fish- temporary change in a newspaper of general reational vessel documentation functions ing vessel industry. circulation published in the place where the under subchapter II of chapter 121 of title 46, (b) CONTENT.—The plan required by sub- bridge is located; United States Code, may perform rec- section (a), and each annual update, shall— ‘‘(ii) the department, agency, or office of reational vessel documentation under sec- (1) identify staff, resources, and systems transportation with jurisdiction over the tion 12114 of such title in any fiscal year in available to the Secretary to ensure the roadway that abuts the approaches to the which— widest dissemination of information to the bridge; and (1) funds available for Coast Guard oper- commercial fishing vessel industry; ‘‘(iii) the law enforcement organization ating expenses may not be used for expenses (2) include a means to document all com- with jurisdiction over the roadway that incurred for recreational vessel documenta- munication and outreach conducted with the abuts the approaches to the bridge; or tion; commercial fishing vessel industry; and ‘‘(2) is denied, the Secretary of the depart- (2) fees collected from owners of yachts and (3) include a mechanism to measure effec- ment in which the Coast Guard is operating credited to such use are insufficient to pay tiveness of such plan. shall— expenses of recreational vessel documenta- (c) IMPLEMENTATION.—Not later than one ‘‘(A) not later than 10 days after the date tion; and year after submission of the initial plan, the of receipt of the request, provide the bridge

VerDate Sep 11 2014 06:11 Oct 12, 2018 Jkt 089060 PO 00000 Frm 00084 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.056 S11OCPT1 dlhill on DSK3GLQ082PROD with SENATE October 11, 2018 CONGRESSIONAL RECORD — SENATE S6861 owner in writing the reasons for the denial, ‘‘(i) is operating engines, boilers, main ‘‘(C) prescribe regulations to carry out this including any supporting data and evidence electrical distribution panels, fuel tanks, oil section, including to prescribe the manner in used to make the determination; and tanks, and generators that meet current which prospective passengers are to be noti- ‘‘(B) provide the bridge owner a reasonable Coast Guard regulations; and fied under paragraph (1)(A). opportunity to address each reason for the ‘‘(ii) is operating boilers and main elec- ‘‘(4) The penalties provided in section denial and resubmit the request. trical generators that are contained within 3504(c) of this title shall apply to a violation ‘‘(e) DRAWBRIDGE MOVEMENTS.—The Sec- noncombustible enclosures equipped with of this subsection. retary of the department in which the Coast fire suppression systems. ‘‘(c) In addition to otherwise applicable Guard is operating— ‘‘(2) Before December 1, 2028, this sub- penalties, the Secretary may immediately ‘‘(1) shall require a drawbridge operator to section does not apply to any vessel in oper- withdraw a certificate of inspection for an record each movement of the drawbridge in a ation before January 1, 1968, and operating exempted vessel described in subsection logbook; only within the Boundary Line. (a)(2) that does not comply with any require- ‘‘(2) may inspect the logbook to ensure ‘‘(b)(1) The owner or managing operator of ment under subsection (b).’’. drawbridge movement is in accordance with an exempted vessel described in subsection SEC. 835. VESSEL WAIVER. (a)(2) shall— the posted operating schedule; (a) IN GENERAL.—Upon the date of enact- ‘‘(A) notify in writing prospective pas- ‘‘(3) shall review whether deviations from ment of this Act and notwithstanding sec- sengers, prior to purchase, and each crew the posted operating schedule are impairing tions 12112(a)(2)(A) and 12113(a)(2) of title 46, member that the vessel does not comply vehicular and pedestrian traffic; and United States Code, the Secretary shall issue with applicable fire safety standards due pri- ‘‘(4) may determine if the operating sched- a certificate of documentation with coast- marily to the wooden construction of pas- ule should be adjusted for efficiency of mari- wise and fishery endorsements to the certifi- senger berthing areas; time or vehicular and pedestrian traffic. cated vessel. ‘‘(B) display in clearly legible font promi- ‘‘(f) REQUIREMENTS.— (b) REPLACEMENT VESSEL.—The certifi- nently throughout the vessel, including in ‘‘(1) LOGBOOKS.—An operator of a draw- cated vessel shall qualify as a replacement each state room the following: ‘THIS VES- bridge built across a navigable river or other vessel for the vessel ‘‘AMERICA NO.1’’ SEL FAILS TO COMPLY WITH SAFETY water of the United States— (United States official number 610654) and RULES AND REGULATIONS OF THE U.S. ‘‘(A) that opens the draw of such bridge for not be precluded from operating as an the passage of a vessel, shall record in a log- COAST GUARD.’; ‘‘(C) acquire prior to the vessel entering Amendment 80 replacement vessel under the book— provisions of part 679 of title 50, Code of Fed- ‘‘(i) the bridge identification and date of service, and maintain, liability insurance in an amount to be prescribed by the Federal eral Regulations. each opening; (c) COAST GUARD REVIEW AND DETERMINA- ‘‘(ii) the bridge tender or operator for each Maritime Commission; ‘‘(D) make annual structural alteration to TION.— opening; (1) REVIEW.—Not later than 30 days after ‘‘(iii) each time it is opened for navigation; not less than 10 percent of the areas of the vessel that are not constructed of fire retard- the date of enactment of this Act, the Sec- ‘‘(iv) each time it is closed for navigation; retary shall conduct a review of the use of ‘‘(v) the number and direction of vessels ant materials; ‘‘(E) prioritize alterations in galleys, engi- certain foreign fabricated steel components passing through during each opening; in the hull or superstructure of the certifi- ‘‘(vi) the types of vessels passing through neering areas of the vessel, including all spaces and compartments containing, or ad- cated vessel. during each opening; (2) DETERMINATION.—Based on the review ‘‘(vii) an estimated or known size (height, jacent to spaces and compartments containing, engines, boilers, main electrical dis- conducted under paragraph (1), the Secretary length, and beam) of the largest vessel pass- shall determine whether the shipyard that ing through during each opening; tribution panels, fuel tanks, oil tanks, and generators; constructed the certificated vessel or the ‘‘(viii) for each vessel, the vessel name and purchaser of the certificated vessel knew be- registration number if easily observable; and ‘‘(F) ensure, to the satisfaction of the Sec- retary, that the combustible fire-load has fore such components were procured or in- ‘‘(ix) all maintenance openings, malfunc- been reduced pursuant to subparagraph (D) stalled that the use of such components tions, or other comments; and during each annual inspection for certifi- would violate requirements under sections ‘‘(B) that remains open to navigation but cation; 12112(a)(2)(A) and 12113(a)(2) of title 46, closes to allow for trains to cross, shall ‘‘(G) ensure the vessel has multiple forms United States Code. record in a logbook— of egress off the vessel’s bow and stern; (3) REVOCATION.—If the Secretary deter- ‘‘(i) the bridge identification and date of ‘‘(H) provide advance notice to the Coast mines under paragraph (2) that the shipyard each opening and closing; Guard regarding the structural alterations that constructed the certificated vessel or ‘‘(ii) the bridge tender or operator; made pursuant to subparagraph (D) and com- the purchaser of the certificated vessel knew ‘‘(iii) each time it is opened to navigation; ply with any noncombustible material re- before such components were procured or in- ‘‘(iv) each time it is closed to navigation; quirements prescribed by the Coast Guard; stalled that the use of such components and ‘‘(I) annually notify all ports of call and would violate requirements under sections ‘‘(v) all maintenance openings, closings, State emergency management offices of ju- 12112(a)(2)(A) and 12113(a)(2) of title 46, malfunctions, or other comments. risdiction that the vessel does not comply United States Code, the Secretary shall im- ‘‘(2) MAINTENANCE OF LOGBOOKS.—A draw- with the requirement under subsection (a)(1); mediately revoke the certificate of docu- bridge operator shall maintain logbooks re- ‘‘(J) provide crewmembers manning such mentation issued under subsection (a). quired under paragraph (1) for not less than vessel shipboard training that— (4) USE OF DOCUMENTS.—In conducting the 5 years. ‘‘(i) is specialized for exempted vessels; review required under paragraph (1), the Sec- ‘‘(3) SUBMISSION OF LOGBOOKS.—At the re- ‘‘(ii) exceeds requirements related to retary may request and review any informa- quest of the Secretary of the department in standards for firefighting training under tion, correspondence, or documents related which the Coast Guard is operating, a draw- chapter I of title 46, Code of Federal Regula- to the construction of the certificated vessel, bridge operator shall submit to the Sec- tions, as in effect on October 1, 2017; and including from the shipyard that constructed retary the logbook required under paragraph ‘‘(iii) is approved by the Coast Guard; and the certificated vessel and the purchaser of (1) as the Secretary considers necessary to ‘‘(K) to the extent practicable, take all the certificated vessel. carry out this section. steps to retain previously trained crew (d) TERMINATION.—If the contract for pur- ‘‘(4) EXEMPTION.—The requirements under knowledgeable of such vessel or to hire crew chase of the certificated vessel that is in ef- paragraph (1) shall be exempt from sections trained in operations aboard exempted ves- fect on the date of enactment of this Act is 3501 to 3521 of title 44, United States Code.’’. sels. terminated, the purchasing party to that SEC. 833. WAIVER. ‘‘(2) The owner or managing operator of an contract shall be prohibited from entering Section 8902 of title 46, United States Code, exempted vessel described in subsection into a subsequent contract or agreement for shall not apply to the chain ferry DIANE (a)(2) may not disclaim liability to a pas- purchase of such vessel. (United States official number CG002692) senger or crew member of such vessel for (e) DEFINITIONS.—In this section: when such vessel is operating on the Kala- death, injury, or any other loss caused by (1) CERTIFICATED VESSEL.—The term ‘‘cer- mazoo River in Saugatuck, Michigan. fire due to the negligence of the owner or tificated vessel’’ means the vessel America’s SEC. 834. FIRE-RETARDANT MATERIALS. managing operator. Finest (United States official number Section 3503 of title 46, United States Code, ‘‘(3) The Secretary shall— 1276760). is amended to read as follows: ‘‘(A) conduct an annual audit and inspec- (2) SECRETARY.—The term ‘‘Secretary’’ ‘‘§ 3503. Fire-retardant materials tion of each exempted vessel described in means the Secretary of the department in ‘‘(a)(1) A passenger vessel of the United subsection (a)(2); which the Coast Guard is operating, acting States having berth or stateroom accom- ‘‘(B) in implementing subparagraph through the Commandant of the Coast modations for at least 50 passengers shall be (b)(1)(F), consider, to the extent practicable, Guard. granted a certificate of inspection only if— the goal of preservation of the historic integ- SEC. 836. TEMPORARY LIMITATIONS. ‘‘(A) the vessel is constructed of fire-re- rity of such vessel in areas carrying or acces- (a) LIMITATIONS.— tardant materials; and sible to passengers or generally visible to the (1) IN GENERAL.—Upon the Coast Guard ‘‘(B) the vessel— public; and issuing a certificate of documentation with

VerDate Sep 11 2014 06:11 Oct 12, 2018 Jkt 089060 PO 00000 Frm 00085 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.056 S11OCPT1 dlhill on DSK3GLQ082PROD with SENATE S6862 CONGRESSIONAL RECORD — SENATE October 11, 2018 coastwise and fishery endorsements for the is transferred to the Secretary of the Inte- (3) to charge the Coast Guard with primary vessel ‘‘AMERICA’S FINEST’’ (United rior. responsibility for prescribing, administering, States official number 1276760) and during (b) PROPERTY DESCRIBED.—The property and enforcing regulations, consistent with any period such certificate is in effect, and described in this subsection is real property the discharge standards established by the subject to subsection (b), the total amount of administered by the Coast Guard in the Environmental Protection Agency, for the groundfish harvested with respect to sub- Town of Jupiter Island, Florida, comprising design, construction, installation, and oper- paragraph (A) or the total amount of deliv- Parcel #35-38-42-004-000-02590-6 (Bon Air ation of the equipment and management eries processed from other vessels with re- Beach lots 259 and 260 located at 83 North practices required onboard vessels; and spect to subparagraph (B) by the vessels de- Beach Road) and Parcel #35-38-42-004-000- (4) to preserve, in certain circumstances, scribed in paragraph (2) shall not collec- 02610-2 (Bon Air Beach lots 261 to 267), includ- the flexibility of States, political subdivi- tively exceed— ing any improvements thereon that are not sions, and certain regions with respect to the (A) the percentage of the harvest available authorized or required by another provision establishment, administration, and enforce- in any Gulf of Alaska groundfish fisheries of law to be conveyed to another person. ment of standards relating to the discharge (other than fisheries subject to a limited ac- (c) ADMINISTRATION.—The property de- of pollutants from vessels engaged in mari- cess privilege program created by the North scribed in subsection (b) is included in Hobe time commerce and transportation. Pacific Fishery Management Council) that is Sound National Wildlife Refuge, and shall be (b) FINDINGS.—Congress finds that— equivalent to the total harvest by the vessels administered by the Secretary of the Inte- (1) the Environmental Protection Agency described in paragraph (2) in those fisheries rior acting through the United States Fish is the principal Federal authority charged in the calendar years that a vessel described and Wildlife Service. under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) with regulating in paragraph (2) had harvest from 2012 SEC. 838. EMERGENCY RESPONSE. through the issuance of permits for the dis- through 2017 relative to the total allowable Not later than 90 days after the date of en- charge of pollutants into the navigable catch available to such vessels in the cal- actment of this Act, the Commandant of the waters of the United States; endar years 2012 through 2017; or Coast Guard shall request the National Off- (B) the percentage of processing of deliv- (2) the Coast Guard is the principal Federal shore Safety Advisory Committee to exam- authority charged with administering, en- eries from other vessels in any Bering Sea, ine whether there are unnecessary regu- Aleutian Islands, and Gulf of Alaska ground- forcing, and prescribing regulations relating latory barriers to the use of small passenger to the discharge of pollutants from vessels; fish fisheries (including fisheries subject to a vessels, crewboats, and offshore supply ves- limited access privilege program created by and sels in disaster response and provide rec- (3) during the period of 1973 to 2010— the North Pacific Fishery Management ommendations, as appropriate, to reduce Council, or community development quotas (A) the Environmental Protection Agency such barriers. promulgated regulations exempting certain as described in section 305(i) of the Magnu- SEC. 839. DRAWBRIDGES CONSULTATION. son-Stevens Fishery Conservation and Man- discharges incidental to the normal oper- (a) CONSULTATION.—In addition and subse- agement Act (16 U.S.C. 1855(i))) that is equiv- ation of vessels from otherwise applicable quent to any rulemaking conducted under permitting requirements of the Federal alent to the total processing of such deliv- section 117.8 of title 33, Code of Federal Reg- eries by the vessels described in paragraph Water Pollution Control Act (33 U.S.C. 1251 ulations, related to permanent changes to et seq.); and (2) in those fisheries in the calendar years drawbridge openings that result from Am- 2012 through 2017 relative to the total allow- (B) Congress enacted laws on numerous oc- trak service between New Orleans, Louisiana casions governing the regulation of dis- able catch available in the calendar years and Orlando, Florida, the Commandant shall 2012 through 2017. charges incidental to the normal operation consult with owners or operators of rail lines of vessels, including— (2) APPLICABLE VESSELS.—The limitations used for Amtrak passenger service between (i) the Act to Prevent Pollution from Ships described in paragraph (1) shall apply, in the New Orleans, Louisiana and Orlando, Florida aggregate, to— (33 U.S.C. 1901 et seq.); and affected waterway users on changes to (ii) the Nonindigenous Aquatic Nuisance (A) the vessel AMERICA’S FINEST (United drawbridge operating schedules necessary to States official number 1276760); Prevention and Control Act of 1990 (16 U.S.C. facilitate the On Time Performance of pas- 4701 et seq.); (B) the vessel US INTREPID (United senger trains. These changes to schedules States official number 604439); (iii) the National Invasive Species Act of shall not impact Coast Guard response times 1996 (16 U.S.C. 4701 note; Public Law 104–332); (C) the vessel AMERICAN NO. 1 (United to operational missions. States official number 610654); (iv) section 415 of the Coast Guard Author- (b) TIMING.—Consultation in subsection (a) ization Act of 1998 (Public Law 105–383; 112 (D) any replacement of a vessel described shall occur after commencement of Amtrak in subparagraph (A), (B), or (C); and Stat. 3434) and section 623 of the Coast Guard passenger service on the rail lines between and Maritime Transportation Act of 2004 (33 (E) any vessel assigned license number New Orleans, Louisiana and Orlando, Florida LLG3217 under the license limitation pro- U.S.C. 1901 note; Public Law 108–293), which at the following intervals: established interim and permanent require- gram under part 679 of title 50, Code of Fed- (1) Not less than 3 months following the eral Regulations. ments, respectively, for the regulation of commencement of Amtrak passenger service. vessel discharges of certain bulk cargo res- (b) EXPIRATION.—The limitations described (2) Not less than 6 months following the idue; in subsection (a) shall apply to a groundfish commencement of Amtrak passenger service. (v) title XIV of division B of Appendix D of species in Bering Sea, Aleutian Islands, and (c) REPORT.—If after conducting the con- the Consolidated Appropriations Act, 2001 Gulf of Alaska only until the earlier of— sultations required by subsection (b)(2), the (Public Law 106–554; 114 Stat. 2763A–315), (1) the end of the 6-year period beginning Commandant finds that permanent changes which prohibited or limited certain vessel on the date of enactment of this Act; or to drawbridge operations are necessary to discharges in certain areas of Alaska; (2) the date on which the Secretary of mitigate delays in the movement of trains (vi) section 204 of the Maritime Transpor- Commerce issues a final rule, based on rec- described in subsection (a) and that those tation Security Act of 2002 (33 U.S.C. 1902a), ommendations developed by the North Pa- changes do not unreasonably obstruct the which established requirements for the regu- cific Fishery Management Council con- navigability of the affected waterways, then lation of vessel discharges of agricultural sistent with the Magnuson-Stevens Fishery the Commandant shall submit those findings cargo residue material in the form of hold Conservation and Management Act (16 U.S.C. to the Committee on Commerce, Science, washings; and 1801 et seq.), that limits processing deliveries and Transportation of the Senate and the (vii) title X of the Coast Guard Authoriza- of that groundfish species from other vessels Committee on Transportation and Infra- tion Act of 2010 (33 U.S.C. 3801 et seq.), which in any Bering Sea, Aleutian Islands, and Gulf structure of the House of Representatives. provided for the implementation of the of Alaska groundfish fisheries that are not International Convention on the Control of subject to conservation and management TITLE IX—VESSEL INCIDENTAL Harmful Anti-Fouling Systems on Ships, measures under section 206 of the American DISCHARGE ACT 2001. Fisheries Act (16 U.S.C. 1851 note). SEC. 901. SHORT TITLE. SEC. 903. STANDARDS FOR DISCHARGES INCI- (c) EXISTING AUTHORITY.—Except for the This title may be cited as the ‘‘Vessel Inci- dental Discharge Act of 2018’’. DENTAL TO NORMAL OPERATION OF measures required by this section, nothing in VESSELS. this title shall be construed to limit the au- SEC. 902. PURPOSES; FINDINGS. (a) UNIFORM NATIONAL STANDARDS.— thority of the North Pacific Fishery Manage- (a) PURPOSES.—The purposes of this title (1) IN GENERAL.—Section 312 of the Federal ment Council or the Secretary of Commerce are— Water Pollution Control Act (33 U.S.C. 1322) under the Magnuson-Stevens Fishery Con- (1) to provide for the establishment of uni- is amended by adding at the end the fol- servation and Management Act (16 U.S.C. form, environmentally sound standards and lowing: 1801 et seq.). requirements for the management of dis- ‘‘(p) UNIFORM NATIONAL STANDARDS FOR SEC. 837. TRANSFER OF COAST GUARD PROP- charges incidental to the normal operation DISCHARGES INCIDENTAL TO NORMAL OPER- ERTY IN JUPITER ISLAND, FLORIDA, of a vessel; ATION OF VESSELS.— FOR INCLUSION IN HOBE SOUND NA- (2) to charge the Environmental Protection ‘‘(1) DEFINITIONS.—In this subsection: TIONAL WILDLIFE REFUGE. Agency with primary responsibility for es- ‘‘(A) AQUATIC NUISANCE SPECIES.—The term (a) TRANSFER.—Administrative jurisdiction tablishing standards relating to the dis- ‘aquatic nuisance species’ means a non- over the property described in subsection (b) charge of pollutants from vessels; indigenous species that threatens—

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‘‘(i) the diversity or abundance of a native ‘‘(iii) best conventional pollutant control ‘‘(P) NONINDIGENOUS SPECIES.—The term species; technology, as determined in accordance ‘nonindigenous species’ means an organism ‘‘(ii) the ecological stability of— with section 125.3(d)(2) of title 40, Code of of a species that enters an ecosystem beyond ‘‘(I) waters of the United States; or Federal Regulations (or successor regula- the historic range of the species. ‘‘(II) waters of the contiguous zone; or tions). ‘‘(Q) ORGANISM.—The term ‘organism’ in- ‘‘(iii) a commercial, agricultural, ‘‘(H) BEST MANAGEMENT PRACTICE.— cludes— aquacultural, or recreational activity that is ‘‘(i) IN GENERAL.—The term ‘best manage- ‘‘(i) an animal; including any fish or fish dependent on— ment practice’ means a schedule of activi- eggs or larvae; ‘‘(I) waters of the United States; or ties, prohibitions of practices, maintenance ‘‘(ii) a plant; ‘‘(II) waters of the contiguous zone. procedures, and other management practices ‘‘(iii) a pathogen; ‘‘(B) BALLAST WATER.— to prevent or reduce the pollution of— ‘‘(iv) a microbe; ‘‘(i) IN GENERAL.—The term ‘ballast water’ ‘‘(I) the waters of the United States; or ‘‘(v) a virus; means any water, suspended matter, and ‘‘(II) the waters of the contiguous zone. ‘‘(vi) a prokaryote (including any archean other materials taken onboard a vessel— ‘‘(ii) INCLUSIONS.—The term ‘best manage- or bacterium); ‘‘(I) to control or maintain trim, draught, ment practice’ includes any treatment re- ‘‘(vii) a fungus; and stability, or stresses of the vessel, regardless quirement, operating procedure, or practice ‘‘(viii) a protist. of the means by which any such water or sus- to control— ‘‘(R) PACIFIC COAST REGION.— pended matter is carried; or ‘‘(I) vessel runoff; ‘‘(i) IN GENERAL.—The term ‘Pacific Coast ‘‘(II) during the cleaning, maintenance, or ‘‘(II) spillage or leaks; Region’ means any Federal or State water— other operation of a ballast tank or ballast ‘‘(III) sludge or waste disposal; or ‘‘(I) adjacent to the State of Alaska, Cali- water management system of the vessel. ‘‘(IV) drainage from raw material storage. fornia, Oregon, or Washington; and ‘‘(ii) EXCLUSION.—The term ‘ballast water’ ‘‘(I) BEST PRACTICABLE CONTROL TECH- ‘‘(II) extending from shore. does not include any substance that is added NOLOGY CURRENTLY AVAILABLE.—The term ‘‘(ii) INCLUSION.—The term ‘Pacific Coast to the water described in clause (i) that is di- ‘best practicable control technology cur- Region’ includes the entire exclusive eco- rectly related to the operation of a properly rently available’ means— nomic zone (as defined in section 1001 of the functioning ballast water management sys- ‘‘(i) best practicable control technology tem. currently available (within the meaning of Oil Pollution Act of 1990 (33 U.S.C. 2701)) adjacent to each State described in clause ‘‘(C) BALLAST WATER DISCHARGE STAND- section 301(b)(1)(A)); (i)(I). ARD.—The term ‘ballast water discharge ‘‘(ii) best practicable control technology standard’ means— currently available (within the meaning of ‘‘(S) PORT OR PLACE OF DESTINATION.—The ‘‘(i) the numerical ballast water discharge section 304(b)(1)); and term ‘port or place of destination’ means a standard established by section 151.1511 or ‘‘(iii) best practicable control technology port or place to which a vessel is bound to 151.2030 of title 33, Code of Federal Regula- currently available, as determined in accord- anchor or moor. tions (or successor regulations); or ance with section 125.3(d)(1) of title 40, Code ‘‘(T) RENDER NONVIABLE.—The term ‘render ‘‘(ii) if a standard referred to in clause (i) of Federal Regulations (or successor regula- nonviable’, with respect to an organism in is superseded by a numerical standard of per- tions). ballast water, means the action of a ballast formance under this subsection, that ‘‘(J) CAPTAIN OF THE PORT ZONE.—The term water management system that renders the superceding standard. ‘Captain of the Port Zone’ means a Captain organism permanently incapable of repro- ‘‘(D) BALLAST WATER EXCHANGE.—The term of the Port Zone established by the Sec- duction following treatment. ‘ballast water exchange’ means the replace- retary pursuant to sections 92, 93, and 633 of ‘‘(U) SALTWATER FLUSH.— ment of water in a ballast water tank using title 14, United States Code. ‘‘(i) IN GENERAL.—The term ‘saltwater 1 of the following methods: ‘‘(K) EMPTY BALLAST TANK.—The term flush’ means— ‘‘(i) Flow-through exchange, in which bal- ‘empty ballast tank’ means a tank that— ‘‘(I)(aa) the addition of as much midocean last water is flushed out by pumping in ‘‘(i) has previously held ballast water that water into each empty ballast tank of a ves- midocean water at the bottom of the tank, if has been drained to the limit of the func- sel as is safe for the vessel and crew; and possible, and continuously overflowing the tional or operational capabilities of the tank ‘‘(bb) the mixing of the flushwater with re- tank from the top continuously until 3 full (such as loss of suction); sidual ballast water and sediment through volumes of water have been changed to mini- ‘‘(ii) is recorded as empty on a vessel log; the motion of the vessel; and mize the number of original organisms re- and ‘‘(II) the discharge of that mixed water, maining in the tank. ‘‘(iii) contains unpumpable residual ballast such that the resultant residual water re- ‘‘(ii) Empty and refill exchange, in which water and sediment. maining in the tank— ballast water taken on in ports, estuarine ‘‘(L) GREAT LAKES COMMISSION.—The term ‘‘(aa) has the highest salinity possible; and waters, or territorial waters is pumped out ‘Great Lakes Commission’ means the Great ‘‘(bb) is at least 30 parts per thousand. until the pump loses suction, after which the Lakes Commission established by article IV ‘‘(ii) MULTIPLE SEQUENCES.—For purposes ballast tank is refilled with midocean water. A of the Great Lakes Compact to which Con- of clause (i), a saltwater flush may require ‘‘(E) BALLAST WATER MANAGEMENT SYS- gress granted consent in the Act of July 24, more than 1 fill-mix-empty sequence, par- TEM.—The term ‘ballast water management 1968 (Public Law 90–419; 82 Stat. 414). ticularly if only small quantities of water system’ means any marine pollution control ‘‘(M) GREAT LAKES STATE.—The term can be safely taken onboard a vessel at 1 device (including all ballast water treatment ‘Great Lakes State’ means any of the States time. equipment, ballast tanks, pipes, pumps, and of— ‘‘(V) SECRETARY.—The term ‘Secretary’ all associated control and monitoring equip- ‘‘(i) Illinois; means the Secretary of the department in ment) that processes ballast water— ‘‘(ii) Indiana; which the Coast Guard is operating. ‘‘(i) to kill, render nonviable, or remove or- ‘‘(iii) Michigan; ‘‘(W) SMALL VESSEL GENERAL PERMIT.—The ganisms; or ‘‘(iv) Minnesota; term ‘Small Vessel General Permit’ means ‘‘(ii) to avoid the uptake or discharge of or- ‘‘(v) New York; the permit that is the subject of the notice ganisms. ‘‘(vi) Ohio; of final permit issuance entitled ‘Final Na- ‘‘(F) BEST AVAILABLE TECHNOLOGY ECONOMI- ‘‘(vii) Pennsylvania; and tional Pollutant Discharge Elimination Sys- CALLY ACHIEVABLE.—The term ‘best available ‘‘(viii) Wisconsin. tem (NPDES) Small Vessel General Permit technology economically achievable’ ‘‘(N) GREAT LAKES SYSTEM.—The term for Discharges Incidental to the Normal Op- means— ‘Great Lakes System’ has the meaning given eration of Vessels Less Than 79 Feet’ (79 Fed. ‘‘(i) best available technology economi- the term in section 118(a)(3). Reg. 53702 (September 10, 2014)). cally achievable (within the meaning of sec- ‘‘(O) MARINE POLLUTION CONTROL DEVICE.— ‘‘(X) SMALL VESSEL OR FISHING VESSEL.— tion 301(b)(2)(A)); The term ‘marine pollution control device’ The term ‘small vessel or fishing vessel’ ‘‘(ii) best available technology (within the means any equipment or management prac- means a vessel that is— meaning of section 304(b)(2)(B)); and tice (or combination of equipment and a ‘‘(i) less than 79 feet in length; or ‘‘(iii) best available technology, as deter- management practice), for installation or ‘‘(ii) a fishing vessel, fish processing vessel, mined in accordance with section 125.3(d)(3) use onboard a vessel, that is— or fish tender vessel (as those terms are de- of title 40, Code of Federal Regulations (or ‘‘(i) designed to receive, retain, treat, con- fined in section 2101 of title 46, United States successor regulations). trol, or discharge a discharge incidental to Code), regardless of the length of the vessel. ‘‘(G) BEST CONVENTIONAL POLLUTANT CON- the normal operation of a vessel; and ‘‘(Y) VESSEL GENERAL PERMIT.—The term TROL TECHNOLOGY.—The term ‘best conven- ‘‘(ii) determined by the Administrator and ‘Vessel General Permit’ means the permit tional pollutant control technology’ means— the Secretary to be the most effective equip- that is the subject of the notice of final per- ‘‘(i) best conventional pollutant control ment or management practice (or combina- mit issuance entitled ‘Final National Pollut- technology (within the meaning of section tion of equipment and a management prac- ant Discharge Elimination System (NPDES) 301(b)(2)(E)); tice) to reduce the environmental impacts of General Permit for Discharges Incidental to ‘‘(ii) best conventional pollutant control the discharge, consistent with the factors for the Normal Operation of a Vessel’ (78 Fed. technology (within the meaning of section consideration described in paragraphs (4) and Reg. 21938 (April 12, 2013)). 304(b)(4)); and (5). ‘‘(2) APPLICABILITY.—

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‘‘(A) IN GENERAL.—Except as provided in Federal Regulations (as in effect on the day ‘‘(aa) numeric standards of performance subparagraph (B), this subsection applies before that date of enactment), shall remain are infeasible under clause (i); or to— in force and effect until the applicable date ‘‘(bb) the best management practices are ‘‘(i) any discharge incidental to the normal described in subparagraph (C). reasonably necessary— operation of a vessel; and ‘‘(C) REPEAL ON EXISTENCE OF FINAL, EFFEC- ‘‘(AA) to achieve the standards of perform- ‘‘(ii) any discharge incidental to the nor- TIVE, AND ENFORCEABLE REQUIREMENTS.—Ef- ance; or mal operation of a vessel (such as most fective beginning on the date on which the ‘‘(BB) to carry out the purpose and intent graywater) that is commingled with sewage, requirements promulgated by the Secretary of this subsection. subject to the conditions that— under subparagraphs (B), (C), and (D) of para- ‘‘(II) AQUATIC NUISANCE SPECIES EMER- ‘‘(I) nothing in this subsection prevents a graph (5) with respect to every discharge in- GENCIES.— State from regulating sewage discharges; cidental to the normal operation of a vessel ‘‘(aa) IN GENERAL.—Notwithstanding any and that is subject to regulation under this sub- other provision of this subsection, the Ad- ‘‘(II) any such commingled discharge shall section are final, effective, and enforceable, ministrator, in concurrence with the Sec- comply with all applicable requirements of— the requirements of the Vessel General Per- retary (subject to item (bb)), may require, by ‘‘(aa) this subsection; and mit and the regulations described in sub- order, the use of an emergency best manage- ‘‘(bb) any law applicable to discharges of paragraph (B) shall have no force or effect. sewage. ment practice in any case in which the Ad- ‘‘(4) NATIONAL STANDARDS OF PERFORMANCE ‘‘(B) EXCLUSION.—This subsection does not ministrator determines that such a practice FOR MARINE POLLUTION CONTROL DEVICES.— apply to any discharge incidental to the nor- is necessary to reduce the reasonably fore- ‘‘(A) ESTABLISHMENT.— mal operation of a vessel— seeable risk of introduction or establishment ‘‘(i) IN GENERAL.—Not later than 2 years ‘‘(i) from— of aquatic nuisance species. after the date of enactment of this sub- ‘‘(I) a vessel of the Armed Forces subject to ‘‘(bb) CONCURRENCE WITH SECRETARY.— section, the Administrator, in concurrence subsection (n); with the Secretary (subject to clause (ii)), ‘‘(AA) REQUEST.—The Administrator shall ‘‘(II) a recreational vessel subject to sub- and in consultation with interested States, submit to the Secretary a request for writ- section (o); shall promulgate Federal standards of per- ten concurrence with respect to a proposed ‘‘(III) a small vessel or fishing vessel, ex- order under item (aa). cept that this subsection shall apply to any formance for marine pollution control de- discharge of ballast water from a small ves- vices for each type of discharge incidental to ‘‘(BB) EFFECT OF FAILURE TO CONCUR.—A sel or fishing vessel; or the normal operation of a vessel that is sub- failure by the Secretary to concur with the ‘‘(IV) a floating craft that is permanently ject to regulation under this subsection. Administrator under item (aa) by the date moored to a pier, including a ‘floating’ ca- ‘‘(ii) CONCURRENCE WITH SECRETARY.— that is 60 days after the date on which the sino, hotel, restaurant, or bar; ‘‘(I) REQUEST.—The Administrator shall Administrator submits a request for concur- ‘‘(ii) of ballast water, from a vessel— submit to the Secretary a request for writ- rence under subitem (AA) shall not prevent ‘‘(I) that continuously takes on and dis- ten concurrence with respect to a proposed the Administrator from issuing the relevant charges ballast water in a flow-through sys- standard of performance under clause (i). order, subject to the condition that the Ad- tem, if the Administrator determines that ‘‘(II) EFFECT OF FAILURE TO CONCUR.—A ministrator shall include in the administra- system cannot materially contribute to the failure by the Secretary to concur with the tive record of the issuance documentation of spread or introduction of an aquatic nui- Administrator under clause (i) by the date the request submitted under subitem (AA) sance species into waters of the United that is 60 days after the date on which the and the response of the Administrator to any States; Administrator submits a request for concur- written objections received from the Sec- ‘‘(II) in the National Defense Reserve Fleet rence under subclause (I) shall not prevent retary relating to the proposed order during that is scheduled for disposal, if the vessel the Administrator from promulgating the the 60-day period beginning on the date of does not have an operable ballast water man- relevant standard of performance in accord- submission of the request. agement system; ance with the deadline under clause (i), sub- ‘‘(cc) DURATION.—An order issued by the ‘‘(III) that discharges ballast water con- ject to the condition that the Administrator Administrator under item (aa) shall expire sisting solely of water taken onboard from a shall include in the administrative record of not later than the date that is 4 years after public or commercial source that, at the the promulgation— the date of issuance. time the water is taken onboard, meets the ‘‘(aa) documentation of the request sub- ‘‘(dd) EXTENSIONS.—The Administrator applicable requirements or permit require- mitted under subclause (I); and may reissue an order under item (aa) for ments of the Safe Drinking Water Act (42 ‘‘(bb) the response of the Administrator to such subsequent periods of not longer than 4 U.S.C. 300f et seq.); any written objections received from the years as the Administrator determines to be ‘‘(IV) that carries all permanent ballast Secretary relating to the proposed standard appropriate. water in sealed tanks that are not subject to of performance during the 60-day period be- ‘‘(iii) MINIMUM REQUIREMENTS.—Except as discharge; or ginning on the date of submission of the re- provided in subparagraph (C), the combina- ‘‘(V) that only discharges ballast water quest. tion of any equipment or best management into a reception facility; ‘‘(iii) PROCEDURE.—The Administrator practice comprising a marine pollution con- ‘‘(iii) that results from, or contains mate- shall promulgate the standards of perform- trol device shall not be less stringent than rial derived from, an activity other than the ance under this subparagraph in accordance the following provisions of the Vessel Gen- normal operation of the vessel, such as mate- with— eral Permit: rial resulting from an industrial or manufac- ‘‘(I) this paragraph; and ‘‘(I) All requirements contained in parts 2.1 turing process onboard the vessel; or ‘‘(II) section 553 of title 5, United States and 2.2 (relating to effluent limits and re- ‘‘(iv) that the Administrator determines Code. lated requirements), including with respect contributes to a violation of a water quality ‘‘(B) STRINGENCY.— to waters subject to Federal protection, in standard established under section 303, other ‘‘(i) IN GENERAL.—Subject to clause (iii), whole or in part, for conservation purposes. than a water quality standard based on the the standards of performance promulgated ‘‘(II) All requirements contained in part 5 presence of an aquatic nuisance species. under this paragraph shall require— (relating to vessel class-specific require- ‘‘(3) CONTINUATION IN EFFECT OF EXISTING ‘‘(I) with respect to conventional pollut- ments) that concern effluent limits and au- REQUIREMENTS.— ants, toxic pollutants, and nonconventional thorized discharges (within the meaning of ‘‘(A) VESSEL GENERAL PERMIT.—Notwith- pollutants (including aquatic nuisance spe- that part), including with respect to waters standing the expiration date of the Vessel cies), the application of the best practicable subject to Federal protection, in whole or in General Permit or any other provision of control technology currently available; part, for conservation purposes. law, all provisions of the Vessel General Per- ‘‘(II) with respect to conventional pollut- ‘‘(C) CLASSES, TYPES, AND SIZES OF VES- mit shall remain in force and effect, and ants, the application of the best conven- SELS.—The standards promulgated under this shall not be modified, until the applicable tional pollutant control technology; and paragraph may distinguish— date described in subparagraph (C). ‘‘(III) with respect to toxic pollutants and ‘‘(i) among classes, types, and sizes of ves- ‘‘(B) NONINDIGENOUS AQUATIC NUISANCE PRE- nonconventional pollutants (including sels; and VENTION AND CONTROL ACT REGULATIONS.— aquatic nuisance species), the application of ‘‘(ii) between new vessels and existing ves- Notwithstanding section 903(a)(2)(A) of the the best available technology economically sels. Vessel Incidental Discharge Act of 2018, all achievable for categories and classes of ves- ‘‘(D) REVIEW AND REVISION.— regulations promulgated by the Secretary sels, which shall result in reasonable ‘‘(i) IN GENERAL.—Not less frequently than pursuant to section 1101 of the Nonindige- progress toward the national goal of elimi- once every 5 years, the Administrator, in nous Aquatic Nuisance Prevention and Con- nating discharges of all pollutants. consultation with the Secretary, shall— trol Act of 1990 (16 U.S.C. 4711) (as in effect ‘‘(ii) BEST MANAGEMENT PRACTICES.— ‘‘(I) review the standards of performance in on the day before the date of enactment of ‘‘(I) IN GENERAL.—The Administrator shall effect under this paragraph; and this subsection), including the regulations require the use of best management prac- ‘‘(II) if appropriate, revise those standards contained in subparts C and D of part 151 of tices to control or abate any discharge inci- of performance— title 33, Code of Federal Regulations, and dental to the normal operation of a vessel ‘‘(aa) in accordance with subparagraphs (A) subpart 162.060 of part 162 of title 46, Code of if— through (C); and

VerDate Sep 11 2014 06:11 Oct 12, 2018 Jkt 089060 PO 00000 Frm 00088 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.056 S11OCPT1 dlhill on DSK3GLQ082PROD with SENATE October 11, 2018 CONGRESSIONAL RECORD — SENATE S6865 ‘‘(bb) as necessary to establish require- ‘‘(II) section 553 of title 5, United States inbound vessels to specific ports or places of ments for any discharge that is subject to Code. destination in the State. regulation under this subsection. ‘‘(B) IMPLEMENTATION REGULATIONS FOR MA- (3) STATE ENFORCEMENT.—The Secretary ‘‘(ii) MAINTAINING PROTECTIVENESS.— RINE POLLUTION CONTROL DEVICES.—The Sec- shall enter into an agreement with the Gov- ‘‘(I) IN GENERAL.—Except as provided in retary shall promulgate such regulations subclause (II), the Administrator shall not governing the design, construction, testing, ernor of a State to authorize the State to in- revise a standard of performance under this approval, installation, and use of marine pol- spect vessels to enforce the provisions of this subsection to be less stringent than an appli- lution control devices as are necessary to entitle in accordance with the procedures de- cable existing requirement. sure compliance with the standards of per- veloped under paragraph (1). ‘‘(II) EXCEPTIONS.—The Administrator may formance promulgated under paragraph (4). ‘‘(6) ADDITIONAL PROVISIONS REGARDING revise a standard of performance to be less ‘‘(C) COMPLIANCE ASSURANCE.— BALLAST WATER.— stringent than an applicable existing re- ‘‘(i) IN GENERAL.—The Secretary shall pro- ‘‘(A) IN GENERAL.—In addition to the other quirement— mulgate requirements (including require- applicable requirements of this subsection, ‘‘(aa) in accordance with subparagraph (C); ments for vessel owners and operators with the requirements of this paragraph shall ‘‘(bb) if information becomes available respect to inspections, monitoring, report- apply with respect to any discharge inci- that— ing, sampling, and recordkeeping) to mon- dental to the normal operation of a vessel ‘‘(AA) was not reasonably available when itor and enforce compliance with— that is a discharge of ballast water. the Administrator promulgated the initial ‘‘(I) the standards of performance promul- ‘‘(B) EMPTY BALLAST TANKS.— standard of performance or comparable re- gated by the Administrator under paragraph ‘‘(i) REQUIREMENTS.—Except as provided in quirement of the Vessel General Permit, as (4); and clause (ii), the owner or operator of a vessel applicable (including the subsequent scarcity ‘‘(II) the implementation regulations pro- with empty ballast tanks shall conduct a or unavailability of materials used to con- mulgated by the Secretary under subpara- trol the relevant discharge); and ballast water exchange or saltwater flush— graph (B). ‘‘(BB) would have justified the application ‘‘(I) not less than 200 nautical miles from AINTAINING PROTECTIVENESS.— of a less-stringent standard of performance ‘‘(ii) M any shore for a voyage originating outside at the time of promulgation; or ‘‘(I) IN GENERAL.—Except as provided in the United States or Canadian exclusive eco- ‘‘(cc) if the Administrator determines that subclause (II), the Secretary shall not revise nomic zone; or a material technical mistake or misinter- a requirement under this subparagraph or ‘‘(II) not less than 50 nautical miles from pretation of law occurred when promulgating subparagraph (B) to be less stringent with any shore for a voyage within the Pacific the existing standard of performance or com- respect to ensuring, monitoring, or enforcing Coast Region. parable requirement of the Vessel General compliance than an applicable existing re- ‘‘(ii) EXCEPTION.—Clause (i) shall not Permit, as applicable. quirement. apply— ‘‘(5) IMPLEMENTATION, COMPLIANCE, AND EN- ‘‘(II) EXCEPTIONS.—The Secretary may re- ‘‘(I) if the unpumpable residual waters and FORCEMENT REQUIREMENTS.— vise a requirement under this subparagraph sediments of an empty ballast tank were ‘‘(A) ESTABLISHMENT.— or subparagraph (B) to be less stringent than subject to treatment, in compliance with ap- ‘‘(i) IN GENERAL.—As soon as practicable, an applicable existing requirement— plicable requirements, through a type-ap- but not later than 2 years, after the date on ‘‘(aa) in accordance with this subparagraph proved ballast water management system ap- which the Administrator promulgates any or subparagraph (B), as applicable; proved by the Secretary; new or revised standard of performance ‘‘(bb) if information becomes available ‘‘(II) except as otherwise required under under paragraph (4) with respect to a dis- that— this subsection, if the unpumpable residual charge, the Secretary in consultation with ‘‘(AA) the Administrator determines was waters and sediments of an empty ballast States shall promulgate the regulations re- not reasonably available when the Adminis- tank were sourced within the same— quired under this paragraph with respect to trator promulgated the existing requirement ‘‘(aa) port or place of destination; or that discharge. of the Vessel General Permit, or that the ‘‘(bb) Captain of the Port Zone; Secretary determines was not reasonably ‘‘(ii) MINIMUM REQUIREMENTS.—Except as ‘‘(III) if complying with the requirement provided in paragraph (4)(C), the regulations available when the Secretary promulgated would compromise the safety of the vessel; promulgated under this paragraph shall not the existing requirement under the Non- or be less stringent with respect to ensuring, indigenous Aquatic Nuisance Prevention and ‘‘(IV) if design limitations of the vessel monitoring, and enforcing compliance than— Control Act of 1990 (16 U.S.C. 4701 et seq.) or prevent a ballast water exchange or salt- ‘‘(I) the requirements contained in part 3 of the applicable existing requirement under water flush from being conducted in accord- the Vessel General Permit (relating to cor- this subparagraph, as applicable (including ance with clause (i). subsequent scarcity or unavailability of ma- rective actions); ‘‘(C) PERIOD OF USE OF INSTALLED BALLAST terials used to control the relevant dis- ‘‘(II) the requirements contained in part 4 WATER MANAGEMENT SYSTEMS.— charge); and of the Vessel General Permit (relating to in- ‘‘(i) IN GENERAL.—Except as provided in ‘‘(BB) would have justified the application spections, monitoring, reporting, and record- clause (ii), a vessel shall be deemed to be in of a less-stringent requirement at the time keeping), including with respect to waters compliance with a standard of performance of promulgation; or subject to Federal protection, in whole or in for a marine pollution control device that is ‘‘(cc) if the Administrator determines that part, for conservation purposes; a ballast water management system if the a material technical mistake or misinter- ‘‘(III) the requirements contained in part 5 ballast water management system— pretation of law occurred when promulgating of the Vessel General Permit (relating to ‘‘(I) is maintained in proper working condi- an existing requirement of the Vessel Gen- vessel class-specific requirements) regarding tion, as determined by the Secretary; eral Permit, or if the Secretary determines monitoring, inspection, and educational and ‘‘(II) is maintained and used in accordance that a material mistake or misinterpreta- training requirements (within the meaning with manufacturer specifications; tion of law occurred when promulgating an of that part), including with respect to ‘‘(III) continues to meet the ballast water existing requirement under the Nonindige- waters subject to Federal protection, in discharge standard applicable to the vessel nous Aquatic Nuisance Prevention and Con- whole or in part, for conservation purposes; at the time of installation, as determined by trol Act of 1990 (16 U.S.C. 4701 et seq.) or this and the Secretary; and subsection. ‘‘(IV) any comparable, existing require- ‘‘(IV) has in effect a valid type-approval ‘‘(D) CONDITIONS FOR STATE ENFORCE- ments promulgated under the Nonindigenous certificate issued by the Secretary. MENT.— Aquatic Nuisance Prevention and Control ‘‘(ii) LIMITATION.—Clause (i) shall cease to (1) IN GENERAL.—Not later than 60 days Act of 1990 (16 U.S.C. 4701 et seq.) (including after the date of the enactment of this Act, apply with respect to any vessel on, as appli- section 1101 of that Act (16 U.S.C. 4711) (as in the Secretary, in coordination with the Gov- cable— effect on the day before the date of enact- ernors of the States, shall develop and pub- ‘‘(I) the expiration of the service life, as de- ment of this subsection)) applicable to that lish Federal and State inspection, data man- termined by the Secretary, of— discharge. agement, and enforcement procedures for the ‘‘(aa) the ballast water management sys- ‘‘(iii) EFFECTIVE DATE.—In determining the enforcement of standards and requirements tem; or effective date of a regulation promulgated under this title by States. ‘‘(bb) the vessel; under this paragraph, the Secretary shall (2) PROCEDURES.—Procedures developed ‘‘(II) the completion of a major conversion take into consideration the period of time and published under paragraph (1)— (as defined in section 2101 of title 46, United necessary— (A) may be periodically updated; States Code) of the vessel; or ‘‘(I) to communicate to affected persons (B) shall describe the conditions and proce- ‘‘(III) a determination by the Secretary the applicability of the regulation; and dures under which the Secretary may sus- that there are other type-approved systems ‘‘(II) for affected persons reasonably to pend the agreement described in paragraph for the vessel, with respect to the use of comply with the regulation. (3); and which the environmental, health, and eco- ‘‘(iv) PROCEDURE.—The Secretary shall pro- (C) shall have a mechanism for the Sec- nomic benefits would exceed the costs. mulgate the regulations under this subpara- retary to provide to the Governor of a State, ‘‘(D) REVIEW OF BALLAST WATER MANAGE- graph in accordance with— if requested by the Governor, access to Auto- MENT SYSTEM TYPE-APPROVAL TESTING METH- ‘‘(I) this paragraph; and mated Identification System arrival data for ODS.—

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‘‘(i) DEFINITION OF LIVE; LIVING.—Notwith- or (6), respectively, if there exists new infor- plies with the requirements established standing any other provision of law (includ- mation that could reasonably result in a under this subsection, unless— ing regulations), for purposes of section change to— ‘‘(I) the owner or operator of the vessel de- 151.1511 of title 33, and part 162 of title 46, ‘‘(i) the standard of performance, regula- notes in an entry in the official logbook of Code of Federal Regulations (or successor tion, or policy; or the vessel that the equipment was not oper- regulations), the terms ‘live’ and ‘living’ ‘‘(ii) a determination on which the stand- ational; and shall not— ard of performance, regulation, or policy was ‘‘(II) either— ‘‘(I) include an organism that has been ren- based. ‘‘(aa) the applicable discharge was avoided; dered nonviable; or ‘‘(B) INCLUSION.—A petition under subpara- or ‘‘(II) preclude the consideration of any graph (A) shall include a description of any ‘‘(bb) an alternate compliance option ap- method of measuring the concentration of applicable scientific or technical informa- proved by the Administrator as meeting the organisms in ballast water that are capable tion that forms the basis of the petition. applicable standard was employed. of reproduction. ‘‘(C) DETERMINATION.— ‘‘(C) AFFIRMATIVE DEFENSE.—No person ‘‘(ii) DRAFT POLICY.—Not later than 180 ‘‘(i) TIMING.—The Administrator or the shall be found to be in violation of this para- days after the date of enactment of this sub- Secretary, as applicable, shall grant or deny graph if— section, the Secretary, in coordination with a petition under subparagraph (A) by not ‘‘(i) the violation was in the interest of en- the Administrator, shall publish a draft pol- later than the date that is 1 year after the suring the safety of life at sea, as determined icy letter, based on the best available date on which the petition is submitted. by the Secretary; and science, describing type-approval testing ‘‘(ii) NOTICE OF REVISION.—If the Adminis- ‘‘(ii) the applicable emergency cir- methods and protocols for ballast water trator or the Secretary determines under cumstance was not the result of negligence management systems, if any, that— clause (i) to grant a petition, the Adminis- or malfeasance on the part of— ‘‘(I) render nonviable organisms in ballast trator or Secretary shall publish in the Fed- ‘‘(I) the owner or operator of the vessel; water; and eral Register, by not later than 30 days after ‘‘(II) the master of the vessel; or ‘‘(II) may be used in addition to the meth- the date of that determination, a notice of ‘‘(III) the person in charge of the vessel. ods established under subpart 162.060 of title proposed rulemaking to revise the relevant ‘‘(D) TREATMENT.—Each day of continuing 46, Code of Federal Regulations (or successor regulations)— standard or requirement, regulation, or pol- violation of an applicable requirement of ‘‘(aa) to measure the concentration of or- icy under paragraph (4), (5), or (6), as applica- this subsection shall constitute a separate ganisms in ballast water that are capable of ble. offense. reproduction; ‘‘(iii) NOTICE OF DENIAL.—If the Adminis- ‘‘(E) IN REM LIABILITY.—A vessel operated ‘‘(bb) to certify the performance of each trator or the Secretary determines under in violation of this subsection is liable in ballast water management system under this clause (i) to deny a petition, the Adminis- rem for any civil penalty assessed for the subsection; and trator or Secretary shall publish in the Fed- violation. ‘‘(cc) to certify laboratories to evaluate ap- eral Register, by not later than 30 days after ‘‘(F) REVOCATION OF CLEARANCE.—The Sec- plicable treatment technologies. the date of that determination, a detailed retary shall withhold or revoke the clear- ‘‘(iii) PUBLIC COMMENT.—The Secretary justification for the determination. ance of a vessel required under section 60105 shall provide a period of not more than 60 ‘‘(iv) REVIEW.—A determination by the Ad- of title 46, United States Code, if the owner days for public comment regarding the draft ministrator or the Secretary under clause (i) or operator of the vessel is in violation of policy letter published under clause (ii). to deny a petition shall be— this subsection. ‘‘(iv) FINAL POLICY.— ‘‘(I) considered to be a final agency action; ‘‘(9) EFFECT ON OTHER LAWS.— ‘‘(I) IN GENERAL.—Not later than 1 year and ‘‘(A) STATE AUTHORITY.— after the date of enactment of this sub- ‘‘(II) subject to judicial review in accord- ‘‘(i) IN GENERAL.—Except as provided in section, the Secretary, in coordination with ance with section 509, subject to clause (v). clauses (ii) through (v) and paragraph (10), the Administrator, shall publish a final pol- ‘‘(v) EXCEPTIONS.— effective beginning on the date on which the icy letter describing type-approval testing ‘‘(I) VENUE.—Notwithstanding section requirements promulgated by the Secretary methods, if any, for ballast water manage- 509(b), a petition for review of a determina- under subparagraphs (B), (C), and (D) of para- ment systems that render nonviable orga- tion by the Administrator or the Secretary graph (5) with respect to every discharge in- nisms in ballast water. under clause (i) to deny a petition submitted cidental to the normal operation of a vessel ‘‘(II) METHOD OF EVALUATION.—The ballast by the Governor of a State under subpara- that is subject to regulation under this sub- water management systems under subclause graph (A) may be filed in any United States section are final, effective, and enforceable, (I) shall be evaluated by measuring the con- district court of competent jurisdiction. no State, political subdivision of a State, or centration of organisms in ballast water that ‘‘(II) DEADLINE FOR FILING.—Notwith- interstate agency may adopt or enforce any are capable of reproduction based on the best standing section 509(b), a petition for review law, regulation, or other requirement of the available science that may be used in addi- of a determination by the Administrator or State, political subdivision, or interstate tion to the methods established under sub- the Secretary under clause (i) shall be filed agency with respect to any such discharge. part 162.060 of title 46, Code of Federal Regu- by not later than 180 days after the date on ‘‘(ii) COENFORCEMENT.—Clause (i) shall not lations (or successor regulations). which the justification for the determination apply to any law, regulation, or other re- ‘‘(III) REVISIONS.—The Secretary shall re- is published in the Federal Register under quirement of a State, political subdivision of vise the final policy letter under subclause clause (iii). a State, or interstate agency— (I) in any case in which the Secretary, in co- ‘‘(8) PROHIBITION.— ‘‘(I) that is identical to a Federal require- ordination with the Administrator, deter- ‘‘(A) IN GENERAL.—It shall be unlawful for ment under this subsection applicable to the mines that additional testing methods are any person to violate— relevant discharge; or capable of measuring the concentration of ‘‘(i) a provision of the Vessel General Per- ‘‘(II) compliance with which would be organisms in ballast water that have not mit in force and effect under paragraph achieved concurrently in achieving compli- been rendered nonviable. (3)(A); ance with a Federal requirement under this ‘‘(v) FACTORS FOR CONSIDERATION.—In de- ‘‘(ii) a regulation promulgated pursuant to subsection applicable to the relevant dis- veloping a policy letter under this subpara- section 1101 of the Nonindigenous Aquatic charge. graph, the Secretary, in coordination with Nuisance Prevention and Control Act of 1990 ‘‘(iii) ENFORCEMENT PROCEDURES.—A State the Administrator— (16 U.S.C. 4711) (as in effect on the day before may enforce any standard of performance or ‘‘(I) shall take into consideration a testing the date of enactment of this subsection) in requirement promulgated under this sub- method that uses organism grow-out and force and effect under paragraph (3)(B); or section in accordance with the regulations most probable number statistical analysis to ‘‘(iii) an applicable requirement or regula- promulgated by the Secretary under para- determine the concentration of organisms in tion under this subsection. graph (5)(D)(i). ballast water that are capable of reproduc- ‘‘(B) COMPLIANCE WITH REGULATIONS.—Ef- ‘‘(iv) EXCEPTION FOR CERTAIN FEES.— tion; and fective beginning on the effective date of a ‘‘(I) IN GENERAL.—Subject to subclauses (II) ‘‘(II) shall not take into consideration a regulation promulgated under paragraph (4), and (III), a State that assesses a permit fee, testing method that relies on a staining (5), (6), or (10), as applicable, it shall be un- inspection fee, or other fee relating to the method that measures the concentration of— lawful for the owner or operator of a vessel regulation of a discharge incidental to the ‘‘(aa) organisms greater than or equal to 10 subject to the regulation— normal operation of a vessel before the date micrometers; and ‘‘(i) to discharge any discharge incidental of enactment of this subsection may assess a ‘‘(bb) organisms less than or equal to 50 to the normal operation of the vessel into fee to cover the costs of administration, in- micrometers. waters of the United States or waters of the spection, and enforcement activities by the ‘‘(7) PETITIONS BY GOVERNORS FOR REVIEW.— contiguous zone, except in compliance with State to achieve compliance with the appli- ‘‘(A) IN GENERAL.—The Governor of a State the regulation; or cable requirements of this subsection. (or a designee) may submit to the Adminis- ‘‘(ii) to operate in waters of the United ‘‘(II) MAXIMUM AMOUNT.— trator or the Secretary a petition to review States or waters of the contiguous zone, if ‘‘(aa) IN GENERAL.—Except as provided in any standard of performance, regulation, or the vessel is not equipped with a required item (bb), a State may assess a fee for activi- policy promulgated under paragraph (4), (5), marine pollution control device that com- ties under this clause equal to not more than

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$1,000 against the owner or operator of a ves- ‘‘(A) ENHANCED GREAT LAKES SYSTEM RE- shall not be required to provide a response to sel that— QUIREMENTS.— any comment received in response to the ‘‘(AA) has operated outside of that State; ‘‘(i) PETITIONS BY GOVERNORS FOR PROPOSED publication of a petition or preliminary as- and ENHANCED STANDARDS AND REQUIREMENTS.— sessment under item (aa). ‘‘(BB) arrives at a port or place of destina- ‘‘(I) IN GENERAL.—The Governor of a Great ‘‘(dd) PURPOSE.—Any public comments re- tion in the State (excluding movement en- Lakes State (or a State employee designee) ceived in response to the publication of a pe- tirely within a single port or place of des- may submit a petition in accordance with tition or preliminary assessment under item tination). subclause (II) to propose that other Gov- (aa) shall be used solely for the purpose of ‘‘(bb) VESSELS ENGAGED IN COASTWIDE ernors of Great Lakes States endorse an en- providing information and feedback to the TRADE.—A State may assess against the hanced standard of performance or other re- Governor of each Great Lakes State regard- owner or operator of a vessel registered in quirement with respect to any discharge— ing the decision to endorse the proposed accordance with applicable Federal law and ‘‘(aa) that is subject to regulation under standard or requirement. lawfully engaged in the coastwide trade not this subsection; and ‘‘(ee) EFFECT OF PETITION.—A proposed more than $5,000 in fees under this clause per ‘‘(bb) that occurs within the Great Lakes standard or requirement developed under vessel during a calendar year. System. subclause (II) may differ from the proposed ‘‘(III) ADJUSTMENT FOR INFLATION.—A State ‘‘(II) SUBMISSION.—A Governor shall submit standard or requirement described in a peti- may adjust the amount of a fee authorized a petition under subclause (I), in writing, tion published under item (aa). under this clause not more frequently than to— ‘‘(II) COORDINATION TO DEVELOP PROPOSED once every 5 years to reflect the percentage ‘‘(aa) the Executive Director of the Great STANDARD OR REQUIREMENT.—After the expi- by which the Consumer Price Index for All Lakes Commission, in such manner as may ration of the public comment period for the Urban Consumers published by the Depart- be prescribed by the Great Lakes Commis- petition under subclause (I), any interested ment of Labor for the month of October im- sion; Governor of a Great Lakes State may work mediately preceding the date of adjustment ‘‘(bb) the Governor of each other Great in coordination with the Great Lakes Com- exceeds the Consumer Price Index for All Lakes State; and mission to develop a proposed standard of Urban Consumers published by the Depart- ‘‘(cc) the Director of the Great Lakes Na- performance or other requirement applicable ment of Labor for the month of October that tional Program Office established by section to a discharge referred to in the petition. immediately precedes the date that is 5 118(b). ‘‘(III) REQUIREMENTS.—A proposed standard years before the date of adjustment. ‘‘(III) PRELIMINARY ASSESSMENT BY GREAT of performance or other requirement under ‘‘(v) ALASKA GRAYWATER.—Clause (i) shall subclause (II) shall— not apply with respect to any discharge of LAKES COMMISSION.— ‘‘(aa) be developed— graywater (as defined in section 1414 of the ‘‘(aa) IN GENERAL.—After the date of receipt of a petition under subclause (II)(aa), ‘‘(AA) in consultation with representatives Consolidated Appropriations Act, 2001 (Pub- from the Federal and provincial govern- lic Law 106–554; 114 Stat. 2763A–323)) from a the Great Lakes Commission (acting through the Great Lakes Panel on Aquatic Nuisance ments of Canada; passenger vessel (as defined in section 2101 of ‘‘(BB) after notice and opportunity for pub- title 46, United States Code) in the State of Species, to the maximum extent practicable) may develop a preliminary assessment re- lic comment on the petition published under Alaska (including all waters in the Alex- subclause (I); and garding each enhanced standard of perform- ander Archipelago) carrying 50 or more pas- ‘‘(CC) taking into consideration the pre- sengers. ance or other requirement described in the liminary assessment, if any, of the Great ‘‘(vi) PRESERVATION OF AUTHORITY.—Noth- petition. Lakes Commission under clause (i)(III); ing in this subsection preempts any State ‘‘(bb) PROVISIONS.—The preliminary assess- ‘‘(bb) be specifically endorsed in writing law, public initiative, referendum, regula- ment developed by the Great Lakes Commis- by— tion, requirement, or other State action, ex- sion under item (aa)— ‘‘(AA) the Governor of each Great Lakes cept as expressly provided in this subsection. ‘‘(AA) may be developed in consultation State, if the proposed standard or require- ‘‘(B) ESTABLISHED REGIMES.—Except as ex- with relevant experts and stakeholders; ment would impose additional equipment re- ‘‘(BB) may be narrative in nature; pressly provided in this subsection, nothing quirements on a vessel; or ‘‘(CC) may include the preliminary views, ‘‘(BB) not fewer than 5 Governors of Great in this subsection affects the applicability to if any, of the Great Lakes Commission on a vessel of any other provision of Federal Lakes States, if the proposed standard or re- the propriety of the proposed enhanced quirement would not impose any additional law, including— standard of performance or other require- ‘‘(i) this section; equipment requirements on a vessel; and ment; ‘‘(cc) in the case of a proposed requirement ‘‘(ii) section 311; ‘‘(DD) shall be submitted, in writing, to to prohibit 1 or more types of discharge regu- ‘‘(iii) the Act to Prevent Pollution from the Governor of each Great Lakes State and lated under this subsection, whether treated Ships (33 U.S.C. 1901 et seq.); and the Director of the Great Lakes National or not treated, into waters within the Great ‘‘(iv) title X of the Coast Guard Authoriza- Program Office and published on the internet Lakes System, only apply within the waters tion Act of 2010 (33 U.S.C. 3801 et seq.). website of the Great Lakes National Pro- of the Great Lakes State of 1 of the Gov- ‘‘(C) PERMITTING.—Effective beginning on gram Office; and the date of enactment of this subsection— ‘‘(EE) except as provided in clause (iii), ernors endorsing the proposed requirement ‘‘(i) the Small Vessel General Permit is re- shall not be taken into consideration, or pro- under item (bb). pealed; and vide a basis for review, by the Administrator ‘‘(iii) PROMULGATION BY ADMINISTRATOR AND ‘‘(ii) the Administrator, or a State in the or the Secretary for purposes of that clause. SECRETARY.— ‘‘(I) SUBMISSION.— case of a permit program approved under sec- ‘‘(ii) PROPOSED ENHANCED STANDARDS AND ‘‘(aa) IN GENERAL.—The Governors endors- tion 402, shall not require, or in any way REQUIREMENTS.— ing a proposed standard or requirement modify, a permit under that section for— ‘‘(I) PUBLICATION IN FEDERAL REGISTER.— under clause (ii)(III)(bb) may jointly submit ‘‘(I) any discharge that is subject to regu- ‘‘(aa) REQUEST BY GOVERNOR.—Not earlier lation under this subsection; or than the date that is 90 days after the date to the Administrator and the Secretary for ‘‘(II) any discharge incidental to the nor- on which the Executive Director of the Great approval each proposed standard of perform- mal operation of a vessel from a small vessel Lakes Commission receives from a Governor ance or other requirement developed and en- or fishing vessel, regardless of whether that of a Great Lakes State a petition under dorsed pursuant to clause (ii). discharge is subject to regulation under this clause (i)(II)(aa), the Governor may request ‘‘(bb) INCLUSION.—Each submission under subsection. the Director of the Great Lakes National item (aa) shall include an explanation re- ‘‘(D) NO EFFECT ON CIVIL OR CRIMINAL AC- Program Office to publish, for a period regarding why the applicable standard of per- TIONS.—Nothing in this subsection, or any quested by the Governor of not less than 30 formance or other requirement is— ‘‘(AA) at least as stringent as a comparable standard, regulation, or requirement estab- days, and the Director shall so publish, in standard of performance or other require- lished under this subsection, modifies or oth- the Federal Register for public comment— ment under this subsection; erwise affects, preempts, or displaces— ‘‘(AA) a copy of the petition; and ‘‘(BB) in accordance with maritime safety; ‘‘(i) any cause of action; or ‘‘(BB) if applicable as of the date of publi- and ‘‘(ii) any provision of Federal or State law cation, any preliminary assessment of the ‘‘(CC) in accordance with applicable mari- establishing a remedy for civil relief or Great Lakes Commission developed under time and navigation laws and regulations. criminal penalty. clause (i)(III) relating to the petition. ‘‘(cc) WITHDRAWAL.— ‘‘(E) NO EFFECT ON CERTAIN SECRETARIAL ‘‘(bb) REVIEW OF PUBLIC COMMENTS.—On re- ‘‘(AA) IN GENERAL.—The Governor of any AUTHORITY.—Nothing in this subsection af- ceipt of a written request of a Governor of a Great Lakes State that endorses a proposed fects the authority of the Secretary of Com- Great Lakes State, the Director of the Great standard or requirement under clause merce or the Secretary of the Interior to ad- Lakes National Program Office shall make (ii)(III)(bb) may withdraw the endorsement minister any land or waters under the ad- available all public comments received in re- by not later than the date that is 90 days ministrative control of the Secretary of sponse to the notice under item (aa). after the date on which the Administrator Commerce or the Secretary of the Interior, ‘‘(cc) NO RESPONSE REQUIRED.—Notwith- and the Secretary receive the proposed respectively. standing any other provision of law, a Gov- standard or requirement. ‘‘(10) ADDITIONAL REGIONAL REQUIRE- ernor of a Great Lakes State or the Director ‘‘(BB) EFFECT ON FEDERAL REVIEW.—If, MENTS.— of the Great Lakes National Program Office after the withdrawal of an endorsement

VerDate Sep 11 2014 06:11 Oct 12, 2018 Jkt 089060 PO 00000 Frm 00091 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.056 S11OCPT1 dlhill on DSK3GLQ082PROD with SENATE S6868 CONGRESSIONAL RECORD — SENATE October 11, 2018 under subitem (AA), the proposed standard less stringent than a comparable standard or between the parallel 40 degrees north lati- or requirement does not have the applicable requirement under this subsection, incon- tude and the parallel 50 degrees north lati- number of endorsements under clause sistent with maritime safety, or inconsistent tude; (ii)(III)(bb), the Administrator and the Sec- with applicable maritime and navigation ‘‘(CC) between ports or places of destina- retary shall terminate the review under this laws and regulations; and tion in the State of California within the clause. ‘‘(BB) any recommendations regarding San Francisco Bay area east of the Golden ‘‘(dd) DISSENTING OPINIONS.—The Governor changes the Governors of the Great Lakes Gate Bridge, including the Port of Stockton of a Great Lakes State that does not endorse States could make to conform the dis- and the Port of Sacramento, if the ballast a proposed standard or requirement under approved portion of the standard or require- water to be discharged from the commercial clause (ii)(III)(bb) may submit to the Admin- ment to the requirements of this subpara- vessel originated solely from ports or places istrator and the Secretary any dissenting graph. within that area; opinions of the Governor. ‘‘(bb) REVIEW.—Disapproval of a proposed ‘‘(DD) between the Port of Los Angeles, the Port of Long Beach, and the El Segundo off- ‘‘(II) JOINT NOTICE.—On receipt of a pro- standard or requirement by the Adminis- posed standard of performance or other re- trator and the Secretary under this subpara- shore marine oil terminal, if the ballast quirement under subclause (I), the Adminis- graph shall be considered to be a final agen- water to be discharged from the commercial vessel originated solely from the Port of Los trator and the Secretary shall publish in the cy action subject to judicial review under Angeles, the Port of Long Beach, or the El Federal Register a joint notice that, at min- section 509. ‘‘(VI) ACTION ON APPROVAL.—On approval Segundo offshore marine oil terminal; or imum— ‘‘(EE) between a port or place of destina- ‘‘(aa) states that the proposed standard or by the Administrator and the Secretary of a proposed standard of performance or other tion in the State of Alaska within a single requirement is publicly available; and Captain of the Port Zone. ‘‘(bb) provides an opportunity for public requirement under subclause (IV)(bb)— ‘‘(aa) the Administrator shall establish, by ‘‘(iii) LOW-SALINITY BALLAST WATER.— comment regarding the proposed standard or ‘‘(I) IN GENERAL.—Except as provided in requirement during the 90-day period begin- regulation, the proposed standard or requirement within the Great Lakes System in lieu subclause (II) and clause (iv), the owner or ning on the date of receipt by the Adminis- operator of a commercial vessel that trans- trator and the Secretary of the proposed of any comparable standard or other requirement promulgated under paragraph (4); and ports ballast water sourced from waters with standard or requirement. a measured salinity of less than 18 parts per ‘‘(III) REVIEW.— ‘‘(bb) the Secretary shall establish, by regulation, any requirements necessary to im- thousand and voyages to a Pacific Coast Re- ‘‘(aa) IN GENERAL.—As soon as practicable gion port or place of destination with a after the date of publication of a joint notice plement, ensure compliance with, and enforce the standard or requirement under measured salinity of less than 18 parts per under subclause (II)— thousand shall conduct a complete ballast ‘‘(AA) the Administrator shall commence a item (aa), or to apply the proposed requirement, within the Great Lakes System in lieu water exchange— review of each proposed standard of perform- ‘‘(aa) not less than 50 nautical miles from ance or other requirement covered by the no- of any comparable requirement promulgated shore, if the ballast water was sourced from tice to determine whether that standard or under paragraph (5). a Pacific Coast Region port or place of des- requirement is at least as stringent as com- ‘‘(VII) NO JUDICIAL REVIEW FOR CERTAIN AC- tination; or parable standards and requirements under TIONS.—An action or inaction of a Governor ‘‘(bb) more than 200 nautical miles from this subsection; and of a Great Lakes State or the Great Lakes ‘‘(BB) the Secretary shall commence a re- Commission under this subparagraph shall shore, if the ballast water was not sourced view of each proposed standard of perform- not be subject to judicial review. from a Pacific Coast Region port or place of destination. ance or other requirement covered by the no- ‘‘(VIII) GREAT LAKES COMPACT.—Nothing in tice to determine whether that standard or this subsection shall limit, alter, or amend ‘‘(II) EXCEPTION.—Subclause (I) shall not requirement is in accordance with maritime the Great Lakes Compact to which Congress apply to a commercial vessel using, in com- safety and applicable maritime and naviga- granted consent in the Act of July 24, 1968 pliance with applicable requirements, a type- tion laws and regulations. (Public Law 90–419; 82 Stat. 414). approved ballast water management system approved by the Secretary for treating fresh- ‘‘(bb) CONSULTATION.—In carrying out item ‘‘(IX) AUTHORIZATION OF APPROPRIATIONS.— (aa), the Administrator and the Secretary— There is authorized to be appropriated to the water at the concentrations prescribed in ‘‘(AA) shall consult with the Governor of Great Lakes Commission $5,000,000, to be that subclause. each Great Lakes State and representatives available until expended. ‘‘(iv) GENERAL EXCEPTIONS.—The requirements of clauses (ii) and (iii) shall not apply from the Federal and provincial govern- ‘‘(B) MINIMUM PACIFIC COAST REGION RE- to a commercial vessel if— ments of Canada; QUIREMENTS.— ‘‘(I) complying with the requirement would ‘‘(BB) shall take into consideration any ‘‘(i) DEFINITION OF COMMERCIAL VESSEL.—In relevant data or public comments received this subparagraph, the term ‘commercial compromise the safety of the commercial under subclause (II)(bb); and vessel’ means a vessel operating between— vessel; ‘‘(CC) shall not take into consideration any ‘‘(I) 2 ports or places of destination within ‘‘(II) design limitations of the commercial preliminary assessment by the Great Lakes the Pacific Coast Region; or vessel prevent a ballast water exchange from Commission under clause (i)(III), or any dis- ‘‘(II) a port or place of destination within being conducted in accordance with clause senting opinion under subclause (I)(dd), ex- the Pacific Coast Region and a port or place (ii) or (iii), as applicable; cept to the extent that such an assessment of destination on the Pacific Coast of Canada ‘‘(III) the commercial vessel— or opinion is relevant to the criteria for the or Mexico north of parallel 20 degrees north ‘‘(aa) is certified by the Secretary as hav- applicable determination under item (aa). latitude, inclusive of the Gulf of California. ing no residual ballast water or sediments onboard; or ‘‘(IV) APPROVAL OR DISAPPROVAL.—Not ‘‘(ii) BALLAST WATER EXCHANGE.— ‘‘(bb) retains all ballast water while in later than 180 days after the date of receipt ‘‘(I) IN GENERAL.—Except as provided in of each proposed standard of performance or subclause (II) and clause (iv), the owner or waters subject to those requirements; or other requirement under subclause (I), the operator of a commercial vessel shall con- ‘‘(IV) empty ballast tanks on the commer- Administrator and the Secretary shall— duct a complete ballast water exchange in cial vessel are sealed and certified by the ‘‘(aa) determine, as applicable, whether waters more than 50 nautical miles from Secretary in a manner that ensures that— each proposed standard or other requirement shore. ‘‘(aa) no discharge or uptake occurs; and ‘‘(bb) any subsequent discharge of ballast satisfies the criteria under subclause ‘‘(II) EXEMPTIONS.—Subclause (I) shall not (III)(aa); apply to a commercial vessel— water is subject to those requirements. ‘‘(bb) approve each proposed standard or ‘‘(aa) using, in compliance with applicable ‘‘(C) ESTABLISHMENT OF STATE NO-DIS- other requirement, unless the Administrator requirements, a type-approved ballast water CHARGE ZONES.— or the Secretary, as applicable, determines management system approved by the Sec- ‘‘(i) STATE PROHIBITION.—Subject to clause under item (aa) that the proposed standard retary; or (ii), after the effective date of regulations or other requirement does not satisfy the ‘‘(bb) voyaging— promulgated by the Secretary under para- criteria under subclause (III)(aa); and ‘‘(AA) between or to a port or place of des- graph (5), if any State determines that the ‘‘(cc) submit to the Governor of each Great tination in the State of Washington, if the protection and enhancement of the quality Lakes State, and publish in the Federal Reg- ballast water to be discharged from the com- of some or all of the waters within the State ister, a notice of the determination under mercial vessel originated solely from waters require greater environmental protection, item (aa). located between the parallel 46 degrees north the State may prohibit 1 or more types of ‘‘(V) ACTION ON DISAPPROVAL.— latitude, including the internal waters of the discharge regulated under this subsection, ‘‘(aa) RATIONALE AND RECOMMENDATIONS.— Columbia River, and the internal waters of whether treated or not treated, into such If the Administrator and the Secretary dis- Canada south of parallel 50 degrees north waters. approve a proposed standard of performance latitude, including the waters of the Strait ‘‘(ii) APPLICABILITY.—A prohibition by a or other requirement under subclause of Georgia and the Strait of Juan de Fuca; State under clause (i) shall not apply until (IV)(bb), the notices under subclause (IV)(cc) ‘‘(BB) between ports or places of destina- the date on which the Administrator makes shall include— tion in the State of Oregon, if the ballast the applicable determinations described in ‘‘(AA) a description of the reasons why the water to be discharged from the commercial clause (iii). standard or requirement is, as applicable, vessel originated solely from waters located ‘‘(iii) PROHIBITION BY ADMINISTRATOR.—

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‘‘(I) DETERMINATION.—On application of a (i) in subsection (c)(1), by inserting ‘‘(as in (D) by striking ‘‘(h) After’’ and inserting State, the Administrator, in concurrence effect on the day before the date of enact- the following: with the Secretary (subject to subclause ment of the Vessel Incidental Discharge Act ‘‘(h) SALE AND RESALE OF PROPERLY (II)), shall, by regulation, prohibit the dis- of 2018)’’ after ‘‘section 1101(b)’’; and EQUIPPED VESSELS; OPERABILITY OF CER- charge from a vessel of 1 or more discharges (ii) in subsection (f)(1)(B), by inserting ‘‘(as TIFIED MARINE SANITATION DEVICES.— subject to regulation under this subsection, in effect on the day before the date of enact- ‘‘(1) IN GENERAL.—Subject to paragraph (2), whether treated or not treated, into the ment of the Vessel Incidental Discharge Act after’’; and waters covered by the application if the Ad- of 2018)’’ after ‘‘section 1101(c)’’. (E) by adding at the end the following: ministrator determines that— (b) REGULATIONS FOR USE OF MARINE POL- ‘‘(2) EFFECT OF SUBSECTION.—Nothing in ‘‘(aa) the protection and enhancement of LUTION CONTROL DEVICES.—Section 312 of the this subsection requires certification of a the quality of the specified waters within the Federal Water Pollution Control Act (33 marine pollution control device for use on State require a prohibition of the discharge U.S.C. 1322) is amended— any vessel of the Armed Forces.’’. (c) ENFORCEMENT AUTHORITY.— into the waters; (1) by striking the section designation and (1) IN GENERAL.—Section 312(k) of the Fed- ‘‘(bb) adequate facilities for the safe and heading and all that follows through ‘‘For eral Water Pollution Control Act (33 U.S.C. sanitary removal and treatment of the dis- the purpose of’’ in subsection (a) and insert- 1322(k)) is amended— charge are reasonably available for the water ing the following: and all vessels to which the prohibition (A) by striking the second sentence and in- ‘‘SEC. 312. MARINE SANITATION DEVICES; DIS- serting the following: would apply; CHARGES INCIDENTAL TO THE NOR- ‘‘(3) STATES.— ‘‘(cc) the discharge can be safely collected MAL OPERATION OF VESSELS. ‘‘(A) IN GENERAL.—This section may be en- and stored until a vessel reaches a discharge ‘‘(a) DEFINITIONS.—In’’; forced by a State or political subdivision of facility or other location; and (2) in subsection (a)— a State (including the attorney general of a ‘‘(dd) in the case of an application for the (A) in paragraph (7), by striking ‘‘devices State), including by filing a civil action in prohibition of discharges of ballast water in or of vessels’’ and inserting ‘‘devices, marine an appropriate Federal district court to en- a port (or in any other location where cargo, pollution control device equipment, or ves- force any violation of subsection (p). passengers, or fuel are loaded and un- sels’’; ‘‘(B) JURISDICTION.—The appropriate Fed- loaded)— (B) in paragraph (12)(B)— ‘‘(AA) the adequate facilities described in eral district court shall have jurisdiction (i) in clause (ii), by striking ‘‘or’’ at the with respect to a civil action filed pursuant item (bb) are reasonably available for com- end; and mercial vessels, after considering, at a min- to subparagraph (A), without regard to the (ii) by adding at the end the following: amount in controversy or the citizenship of imum, water depth, dock size, pumpout facil- ‘‘(iv) a discharge of sewage; or ity capacity and flow rate, availability of the parties— ‘‘(v) discharge occurring as a result of a year-round operations, proximity to naviga- ‘‘(i) to enforce the requirements of this sec- vessel not being used as a means of transpor- tion routes, and the ratio of pumpout facili- tion; and tation on water, including a discharge occur- ties to the population and discharge capacity ‘‘(ii) to apply appropriate civil penalties ring— of commercial vessels operating in those under this section or section 309(d), as appro- waters; and ‘‘(I) at any time when the vessel is being priate.’’; ‘‘(BB) the prohibition will not unreason- prepared for transport by land from 1 body of (B) by striking ‘‘(k) The provisions of this’’ ably interfere with the safe loading and un- water to another; and inserting the following: loading of cargo, passengers, or fuel. ‘‘(II) solely as a result of the vessel being ‘‘(k) ENFORCEMENT AUTHORITY.— ‘‘(II) CONCURRENCE WITH SECRETARY.— used as— ‘‘(1) ADMINISTRATOR.—This section shall be ‘‘(aa) REQUEST.—The Administrator shall ‘‘(aa) an energy facility; enforced by the Administrator, to the extent submit to the Secretary a request for writ- ‘‘(bb) a mining facility; provided in section 309. ten concurrence with respect to a prohibi- ‘‘(cc) a storage facility; or ‘‘(2) SECRETARY.— tion under subclause (I). ‘‘(dd) a seafood processing vessel; or ‘‘(A) IN GENERAL.—This’’; and ‘‘(bb) EFFECT OF FAILURE TO CONCUR.—A ‘‘(III) at any time when the vessel is se- (C) in paragraph (2) (as so designated)— failure by the Secretary to concur with the cured to— (i) in subparagraph (A), by striking ‘‘oper- Administrator under subclause (I) by the ‘‘(aa) the bed of waters of the United ating and he may utilize by agreement’’ and date that is 60 days after the date on which States for the purpose of mineral or oil ex- inserting ‘‘operating, who may use, by agree- the Administrator submits a request for con- ploration or development; ment’’; and currence under item (aa) shall not prevent ‘‘(bb) the bed of the contiguous zone for the (ii) by adding at the end the following: the Administrator from prohibiting the rel- purpose of mineral or oil exploration or de- ‘‘(B) INSPECTIONS.—For purposes of ensur- evant discharge in accordance with sub- velopment; ing compliance with this section, the Sec- clause (III), subject to the condition that the ‘‘(cc) the bed of the ocean for the purpose retary— Administrator shall include in the adminis- of mineral or oil exploration or development; ‘‘(i) may carry out an inspection (including trative record of the promulgation— or the taking of ballast water samples) of any ‘‘(AA) documentation of the request sub- ‘‘(dd) a buoy for the purpose of mineral or vessel at any time; and mitted under item (aa); and oil exploration or development;’’; and ‘‘(ii) shall— ‘‘(BB) the response of the Administrator to (C) in paragraph (13), in the matter pre- ‘‘(I) establish procedures for— any written objections received from the ceding subparagraph (A), by inserting ‘‘, ex- ‘‘(aa) reporting violations of this section; Secretary relating to the proposed standard cept as provided in subsection (p),’’ after and of performance during the 60-day period be- ‘‘means’’; ‘‘(bb) accumulating evidence regarding ginning on the date of submission of the re- (3) in subsection (g)— those violations; and quest. (A) by inserting ‘‘or marine pollution con- ‘‘(II) use appropriate and practicable meas- ‘‘(III) TIMING.—The Administrator shall ap- trol device equipment’’ after ‘‘marine sanita- ures of detection and environmental moni- prove or disapprove an application submitted tion device’’ each place it appears; toring of vessels. under subclause (I) by not later than 90 days (B) in paragraph (1)— ‘‘(C) DETENTION.—The Secretary may de- after the date on which the application is (i) by inserting ‘‘or equipment’’ after ‘‘such tain a vessel if the Secretary— submitted to the Administrator. device’’; and ‘‘(i) has reasonable cause to believe that ‘‘(D) MAINTENANCE IN EFFECT OF MORE- (ii) by inserting ‘‘or equipment’’ after ‘‘test the vessel— STRINGENT STANDARDS.—In any case in which device’’; and ‘‘(I) has failed to comply with an applica- a requirement established under this para- (C) in paragraph (2)— ble requirement of this section; or graph is more stringent or environmentally (i) by inserting ‘‘or equipment’’ after ‘‘the ‘‘(II) is being operated in violation of such protective than a comparable requirement device’’ each place it appears; and a requirement; and established under paragraph (4), (5), or (6), (ii) in the fourth sentence, by inserting ‘‘or ‘‘(ii) the Secretary provides to the owner the more-stringent or more-protective stand- equipment’’ after ‘‘device’’ each place it ap- or operator of the vessel a notice of the in- ard shall control.’’. pears; and tent to detain.’’. (2) REPEALS.— (4) in subsection (h)— (2) PRESERVATION OF FEDERAL ENFORCE- (A) IN GENERAL.—Effective beginning on (A) in paragraph (1), by inserting ‘‘and ma- MENT AUTHORITY.—Section 309 of the Federal the date of enactment of this Act, the fol- rine pollution control device equipment’’ Water Pollution Control Act (33 U.S.C. 1319) lowing provisions of law are repealed: after ‘‘marine sanitation device’’; is amended— (i) Section 1101 of the Nonindigenous (B) in paragraph (2), by inserting ‘‘or any (A) in subsection (a)(3), by striking ‘‘318’’ Aquatic Nuisance Prevention and Control certified marine pollution control device and inserting ‘‘312(p), 318’’; Act of 1990 (16 U.S.C. 4711). equipment or element of design of such (B) in subsection (c), by striking ‘‘318’’ (ii) Public Law 110–299 (33 U.S.C. 1342 note). equipment’’ after ‘‘such device’’; each place it appears and inserting ‘‘312(p), (B) CONFORMING AMENDMENTS.—Section (C) by redesignating paragraphs (1) 318’’; 1102 of the Nonindigenous Aquatic Nuisance through (4) as subparagraphs (A) through (C) in subsection (d), in the first sentence— Prevention and Control Act of 1990 (16 U.S.C. (D), respectively, and indenting the subpara- (i) by striking ‘‘318’’ and inserting ‘‘312(p), 4712) is amended— graphs appropriately; 318,’’; and

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(ii) by striking ‘‘State,,’’ and inserting (F) PROGRAM.—The term ‘‘Program’’ means (A) ESTABLISHMENT.—There is established ‘‘State,’’; and the Coastal Aquatic Invasive Species Mitiga- in the Treasury of the United States a trust (D) in subsection (g)(1)(A), by striking tion Grant Program established under para- fund, to be known as the ‘‘Coastal Aquatic ‘‘318’’ and inserting ‘‘312(p), 318’’. graph (2)(A). Invasive Species Mitigation Fund’’, con- (3) PRESERVATION OF PUBLIC ENFORCEMENT (G) SECRETARY.—The term ‘‘Secretary’’ sisting of such amounts as are appropriated AUTHORITY.—Section 505(f) of the Federal means the Secretary of Commerce. or credited to the Fund in accordance with Water Pollution Control Act (33 U.S.C. (2) GRANT PROGRAM.— this paragraph or section 9602 of the Internal 1365(f)) is amended by striking ‘‘(5) certifi- (A) ESTABLISHMENT.—The Secretary and Revenue Code of 1986. cation’’ and all that follows through the pe- the Foundation shall establish a program, to (B) TRANSFERS TO FUND.— riod at the end and inserting the following: be known as the ‘‘Coastal Aquatic Invasive (i) APPROPRIATION.—There is authorized to ‘‘(5) a standard of performance or require- Species Mitigation Grant Program’’, under be appropriated from the Treasury to the ment under section 312(p); (6) a certification which the Secretary and the Foundation Fund, for each fiscal year, an amount equal under section 401; (7) a permit or condition of shall award grants to eligible entities in ac- to the amount of penalties assessed for viola- a permit issued under section 402 that is in cordance with this paragraph. tions of subsection (p) of section 312 of the effect under this Act (including a require- (B) PURPOSES.—The purposes of the Pro- Federal Water Pollution Control Act (33 ment applicable by reason of section 313); or gram are— U.S.C. 1322) during the preceding fiscal year. (8) a regulation under section 405(d).’’. (i) to improve the understanding, preven- (ii) ADDITIONAL AUTHORIZATION.—In addi- (4) REVIEW.—Section 509(b) of the Federal tion, and mitigation of, and response to, tion to the amounts transferred to the Fund Water Pollution Control Act (33 U.S.C. aquatic invasive species in— under clause (i), there is authorized to be ap- 1369(b)) is amended by adding at the end the (I) the coastal zone; and propriated to the Fund $5,000,000 for each fis- following: (II) the Exclusive Economic Zone; cal year. ‘‘(4) DISCHARGES INCIDENTAL TO NORMAL OP- (ii) to support the prevention and mitiga- (C) USE OF FUND.—The amounts in the ERATION OF VESSELS.— tion of impacts from aquatic invasive species Fund shall be available, without further ap- ‘‘(A) IN GENERAL.—Except as provided in in the coastal zone; and propriation, to the Secretary and the Foun- subparagraph (B), any interested person may (iii) to support the restoration of Pacific dation to award grants under the Program. file a petition for review of a final agency ac- Island habitats, marine, estuarine, and Great (g) GREAT LAKES INVASIVE SPECIES MONI- tion under section 312(p) of the Adminis- Lakes environments in the coastal zone and TORING PROGRAM.— trator or the Secretary of the department in the Exclusive Economic Zone that are im- (1) DEFINITIONS.—In this subsection: which the Coast Guard is operating in ac- pacted by aquatic invasive species. (A) ADMINISTRATOR.—The term ‘‘Adminis- cordance with the requirements of this sub- (C) USE OF GRANTS.— trator’’ means the Administrator of the En- section. (i) IN GENERAL.—A grant awarded under the vironmental Protection Agency. ‘‘(B) VENUE EXCEPTION.—Subject to section Program shall be used for an activity to (B) AQUATIC NUISANCE SPECIES.—The term 312(p)(7)(C)(v), a petition for review of a final carry out the purposes of the Program, in- ‘‘aquatic nuisance species’’ has the meaning agency action under section 312(p) of the Ad- cluding an activity— given that term in subsection (p)(1) of sec- ministrator or the Secretary of the depart- (I) to develop and implement procedures tion 312 of the Federal Water Pollution Con- ment in which the Coast Guard is operating and programs to prevent, control, mitigate, trol Act (33 U.S.C. 1322). may be filed only in the United States Court or progressively eradicate aquatic invasive (C) DIRECTOR.—The term ‘‘Director’’ means of Appeals for the District of Columbia Cir- species in the coastal zone or the Exclusive the Director of the Great Lakes National cuit.’’. Economic Zone, particularly in areas with Program Office established by section 118(b) (d) LOGBOOK REQUIREMENTS.—Section high numbers of established aquatic invasive of the Federal Water Pollution Control Act 11301(b) of title 46, United States Code, is species; (33 U.S.C. 1268(b)). amended by adding at the end the following: (II) to restore habitat impacted by an (D) GREAT LAKES SYSTEM.—The term ‘‘(13) when a vessel fails to carry out bal- aquatic invasive species; ‘‘Great Lakes System’’ has the meaning last water management requirements as ap- (III) to develop new shipboard and land- given the term in section 118(a)(3) of the Fed- plicable and pursuant to regulations promul- based ballast water treatment system tech- eral Water Pollution Control Act (33 U.S.C. gated by the Secretary, including when the nologies and performance standards to pre- 1268(a)(3)). vessel fails to carry out ballast water man- vent the introduction of aquatic invasive (E) PROGRAM.—The term ‘‘Program’’ means agement requirements due to an allowed species; the Great Lakes Invasive Species Monitoring safety exemption, a statement regarding the (IV) to develop mitigation measures to pro- Program established under paragraph (2)(A). failure to comply and the circumstances tect natural and cultural living resources, (2) ESTABLISHMENT OF PROGRAM.— under which the failure occurred, made im- including shellfish, from the impacts of (A) IN GENERAL.—The Administrator shall mediately after the failure, when practicable aquatic invasive species; or establish within the Great Lakes National to do so.’’. (V) to develop mitigation measures to pro- Program Office a program, to be known as (e) QUAGGA MUSSEL.—Section 42(a)(1) of tect infrastructure, such as hydroelectric in- the ‘‘Great Lakes Invasive Species Moni- title 18, United States Code, is amended, in frastructure, from aquatic invasive species. toring Program’’— the first sentence, by inserting ‘‘of the (ii) PROHIBITION ON FUNDING LITIGATION.—A (i) in collaboration with— quagga mussel of the species Dreissena grant awarded under the Program may not (I) the Director of the United States Fish rostriformis or Dreissena bugensis;’’ after be used to fund litigation in any matter. and Wildlife Service; ‘‘Dreissena polymorpha;’’. (D) ADMINISTRATION.—Not later than 90 (II) the Administrator of the National Oce- (f) COASTAL AQUATIC INVASIVE SPECIES days after the date of enactment of this Act, anic and Atmospheric Administration; and MITIGATION GRANT PROGRAM AND MITIGATION the Foundation, in consultation with the (III) the Director of the United States Geo- FUND.— Secretary, shall establish the following: logical Survey; and (1) DEFINITIONS.—In this subsection: (i) Application and review procedures for (ii) in consultation with— (A) COASTAL ZONE.—The term ‘‘coastal awarding grants under the Program. (I) the head of Great Lakes Aquatic Non- zone’’ has the meaning given the term in sec- (ii) Approval procedures for awarding indigenous Species Information System of tion 304 of the Coastal Zone Management Act grants under the Program, including a re- the National Oceanic and Atmospheric Ad- of 1972 (16 U.S.C. 1453). quirement for consultation with— ministration; and (B) ELIGIBLE ENTITY.—The term ‘‘eligible (I) the Secretary of the Interior; and (II) the head of Great Lakes Environ- entity’’ means— (II) the Administrator. mental Research Laboratory of the National (i) a State; (iii) Performance accountability and moni- Oceanic and Atmospheric Administration. (ii) a unit of local government; toring measures for activities funded by a (B) PURPOSES.—The purposes of the Pro- (iii) an Indian Tribe; grant awarded under the Program. gram shall be— (iv) a nongovernmental organization; and (iv) Procedures and methods to ensure ac- (i) to monitor for the introduction and (v) an institution of higher education. curate accounting and appropriate adminis- spread of aquatic nuisance species into or (C) EXCLUSIVE ECONOMIC ZONE.—The term tration of grants awarded under the Pro- within the Great Lakes System; ‘‘Exclusive Economic Zone’’ means the Ex- gram, including standards of recordkeeping. (ii) to detect newly introduced aquatic nui- clusive Economic Zone of the United States, (E) MATCHING REQUIREMENT.—Each eligible sance species prior to the establishment of as established by Presidential Proclamation entity that receives a grant under the Pro- the aquatic nuisance species in the Great 5030, dated March 10, 1983 (16 U.S.C. 1453 gram shall provide, in cash or through in- Lakes; note). kind contributions from non-Federal (iii) to inform, and assist with, manage- (D) FOUNDATION.—The term ‘‘Foundation’’ sources, matching funds to carry out the ac- ment and response actions to prevent or stop means the National Fish and Wildlife Foun- tivities funded by the grant in an amount the establishment or spread of an aquatic dation established by section 2(a) of the Na- equal to not less than 50 percent of the cost nuisance species; tional Fish and Wildlife Foundation Estab- of the activities. (iv) to establish a watch list of candidate lishment Act (16 U.S.C. 3701(a)). (F) FUNDING.—The Secretary and the Foun- aquatic nuisance species that may be intro- (E) FUND.—The term ‘‘Fund’’ means the dation shall use the amounts available in the duced or spread, and that may survive and Coastal Aquatic Invasive Species Mitigation Fund to award grants under the Program. establish, within the Great Lakes System; Fund established by paragraph (3)(A). (3) MITIGATION FUND.— and

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(v) to monitor vectors likely to be contrib- ‘‘(2) BALLAST WATER REPORTING REQUIRE- ‘‘(5) WORKING GROUP.—Not later than 1 year uting to the introduction or spread of aquat- MENTS.— after the date of enactment of this para- ic nuisance species, including ballast water ‘‘(A) IN GENERAL.—The owner or operator graph, the Secretary shall establish a work- operations. of a vessel subject to this title shall submit ing group, including members from the Na- (3) METHODOLOGY.—The Program shall to the National Ballast Information Clear- tional Ballast Information Clearinghouse seek— inghouse, by not later than 6 hours after the and States with ballast water management (A) to build on existing aquatic nuisance arrival of the vessel at a United States port programs, to establish a process for com- species monitoring efforts in the Great or place of destination, the ballast water piling and readily sharing Federal and State Lakes System; management report form approved by the Of- commercial vessel reporting and enforce- (B) to advance early detection and moni- fice of Management and Budget numbered ment data regarding compliance with this toring, and capacity to control the establish- OMB 1625–0069 (or a successor form), unless Act.’’. ment and spread, of aquatic nuisance species the vessel is operating exclusively on a voy- (2) Section 1205 of the Nonindigenous within the Great Lakes System; age between ports or places within a single Aquatic Nuisance Prevention and Control (C) to identify opportunities to interdict Captain of the Port Zone. Act of 1990 (16 U.S.C. 4725) is amended— the introduction and spread of aquatic nui- ‘‘(B) MULTIPLE DISCHARGES.—The owner or (A) in the third sentence, by striking sance species through sound science and operator of a vessel subject to this title may ‘‘Compliance’’ and inserting the following: technological advancements; submit a single report under subparagraph ‘‘(c) EFFECT OF COMPLIANCE.—Compliance’’; (D) to assess the risk of aquatic nuisance (A) for multiple ballast water discharges (B) in the second sentence, by striking species introduction and spread via the range within a single port or place of destination ‘‘Nothing’’ and inserting the following: of vectors active within the Great Lakes during the same voyage. ‘‘(b) EFFECT OF TITLE.— System; ‘‘(C) ADVANCE REPORT TO STATES.—A State ‘‘(1) IN GENERAL.—Except as provided in (E) to immediately make available to the may require the owner or operator of a ves- paragraph (2), nothing’’; public information regarding— sel subject to this title to submit directly to (C) in the first sentence, by striking ‘‘All (i) the detection of new aquatic nuisance the State, or to an appropriate regional actions’’ and inserting the following: species within the Great Lakes System; or forum, a ballast water management report ‘‘(a) CONSISTENCY WITH ENVIRONMENTAL (ii) the spread of aquatic nuisance species form— LAWS.—All actions’’; and within the Great Lakes System; ‘‘(i) not later than 24 hours prior to arrival (D) in subsection (b) (as so designated), by (F) to annually submit to appropriate indi- at a United States port or place of destina- adding at the end the following: viduals and entities in each affected region a tion in the State, if the voyage of the vessel ‘‘(2) EXCEPTION.—Any discharge incidental report describing the findings and activities is anticipated to exceed 24 hours; or to the normal operation of a vessel, includ- of the Program; and ‘‘(ii) before departing the port or place of ing any discharge of ballast water (as those (G) to identify roles and responsibilities of departure, if the voyage of the vessel to the terms are defined in subsections (a) and Federal agencies in aquatic nuisance species United States port or place of destination is (p)(1) of section 312 of the Federal Water Pol- monitoring and response. not anticipated to exceed 24 hours. lution Control Act (33 U.S.C. 1322)), shall be (4) COLLABORATION.—In carrying out and ‘‘(3) VESSEL REPORTING DATA.— regulated in accordance with that section.’’. developing the Program, the Director shall ‘‘(A) DISSEMINATION TO STATES.—On receipt TITLE X—HYDROGRAPHIC SERVICES AND collaborate with— of a ballast water management report under OTHER MATTERS (A) applicable Federal, State, local, and paragraph (2), the National Ballast Informa- SEC. 1001. REAUTHORIZATION OF HYDRO- Tribal agencies; and tion Clearinghouse shall— GRAPHIC SERVICES IMPROVEMENT (B) such other research entities or stake- ‘‘(i) in the case of a form submitted elec- ACT OF 1998. holders as the Director determines to be ap- tronically, immediately disseminate the re- (a) REAUTHORIZATIONS.—Section 306 of the propriate. port to interested States; or Hydrographic Services Improvement Act of (5) DATA AVAILABILITY.—The Director ‘‘(ii) in the case of a form submitted by 1998 (33 U.S.C. 892d) is amended— shall— means other than electronically, dissemi- (1) in the matter before paragraph (1), by (A) make the data collected under the Pro- nate the report to interested States as soon striking ‘‘There are’’ and inserting the fol- gram available on a publicly accessible as practicable. lowing: internet website, including in an annual ‘‘(B) AVAILABILITY TO PUBLIC.—Not later ‘‘(a) IN GENERAL.—There are’’; summary report; than 30 days after the date of receipt of a (2) in subsection (a) (as designated by para- (B) in coordination with the entities iden- ballast water management report under graph (1))— tified under paragraph (4), develop commu- paragraph (2), the National Ballast Informa- (A) in paragraph (1), by striking ‘‘surveys— nication and notification protocols for the tion Clearinghouse shall make the data in ’’ and all that follows through the end of the purpose of communicating the range of the report fully and readily available to the paragraph and inserting ‘‘surveys, $70,814,000 aquatic nuisance species and any identifica- public in a searchable and fully retrievable for each of fiscal years 2019 through 2023.’’; tion of a new aquatic nuisance species intro- electronic format. (B) in paragraph (2), by striking ‘‘vessels— duced to the Great Lakes System. ‘‘(4) REPORT.— ’’ and all that follows through the end of the (6) REPORT TO CONGRESS.— ‘‘(A) IN GENERAL.—Not later than July 1, paragraph and inserting ‘‘vessels, $25,000,000 (A) IN GENERAL.—Not later than December 2019, and annually thereafter, the Secretary for each of fiscal years 2019 through 2023.’’; 31, 2019, the Director shall submit to Con- shall prepare and submit a report in accord- (C) in paragraph (3), by striking ‘‘Adminis- gress a report summarizing the outcomes of ance with this paragraph. tration—’’ and all that follows through the activities carried out under the Program. ‘‘(B) CONTENTS.—Each report under this end of the paragraph and inserting ‘‘Admin- (B) CONTENTS.—The report under subpara- paragraph shall synthesize and analyze the istration, $29,932,000 for each of fiscal years graph (A) shall include— data described in paragraph (1) for the pre- 2019 through 2023.’’; (i) a description of activities carried out ceding 2-year period to evaluate nationwide (D) in paragraph (4), by striking ‘‘title—’’ under the Program, including an explanation status and trends relating to— and all that follows through the end of the of how those activities help to achieve the ‘‘(i) ballast water delivery and manage- paragraph and inserting ‘‘title, $26,800,000 for purposes described in paragraph (2)(B); ment; and each of fiscal years 2019 through 2023.’’; and (ii) an analysis of Federal, State, and local ‘‘(ii) invasions of aquatic nuisance species (E) in paragraph (5), by striking ‘‘title—’’ efforts to enhance multidisciplinary ap- resulting from ballast water. and all that follows through the end of the proaches to achieve the purposes described in ‘‘(C) DEVELOPMENT.—The Secretary shall paragraph and inserting ‘‘title, $30,564,000 for paragraph (2)(B); prepare each report under this paragraph in each of fiscal years 2019 through 2023.’’; and (iii) recommendations relating to activi- consultation and cooperation with— (3) by adding at the end the following: ties that would contribute to achievement of ‘‘(i) the Task Force; and ‘‘(b) ARCTIC PROGRAMS.—Of the amount au- the purposes described in paragraph (2)(B); ‘‘(ii) the Smithsonian Institution (acting thorized by this section for each fiscal year— and through the Smithsonian Environmental Re- ‘‘(1) $10,000,000 is authorized for use in the (iv) recommendations to improve the effi- search Center). Arctic— ciency and effectiveness of the Program. ‘‘(D) SUBMISSION.—The Secretary shall— ‘‘(A) to acquire hydrographic data; (7) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(i) submit each report under this para- ‘‘(B) to provide hydrographic services; There is authorized to be appropriated to graph to— ‘‘(C) to conduct coastal change analyses carry out the Program $10,000,000 for each of ‘‘(I) the Task Force; necessary to ensure safe navigation; fiscal years 2019 through 2023. ‘‘(II) the Committee on Commerce, ‘‘(D) to improve the management of coast- (h) TECHNICAL AND CONFORMING AMEND- Science, and Transportation of the Senate; al change; and MENTS.— and ‘‘(E) to reduce risks of harm to subsistence (1) Section 1102(f) of the Nonindigenous ‘‘(III) the Committee on Transportation and coastal communities associated with in- Aquatic Nuisance Prevention and Control and Infrastructure of the House of Rep- creased international maritime traffic; and Act of 1990 (16 U.S.C. 4712(f)) is amended by resentatives; and ‘‘(2) $2,000,000 is authorized for use to ac- striking paragraph (2) and inserting the fol- ‘‘(ii) make each report available to the quire hydrographic data and provide hydro- lowing: public. graphic services in the Arctic necessary to

VerDate Sep 11 2014 06:11 Oct 12, 2018 Jkt 089060 PO 00000 Frm 00095 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.056 S11OCPT1 dlhill on DSK3GLQ082PROD with SENATE S6872 CONGRESSIONAL RECORD — SENATE October 11, 2018 delineate the United States extended Conti- of this Act, the Secretary shall develop and (G) the Committee on the Judiciary of the nental Shelf.’’. submit to Congress a strategic plan for con- House of Representatives; (b) LIMITATION ON ADMINISTRATIVE EX- struction or acquisition of the facilities (H) the Committee on Homeland Security PENSES FOR SURVEYS.—Section 306 of such needed to allow for an oceanographic re- of the House of Representatives; Act (33 U.S.C. 892d) is further amended by search vessel to be homeported in St. Peters- (I) the Committee on Appropriations of the adding at the end the following: burg, Florida. The strategic plan shall in- House of Representatives; and ‘‘(c) LIMITATION ON ADMINISTRATIVE EX- clude an estimate of funding needed to con- (J) the Permanent Select Committee on PENSES FOR SURVEYS.—Of amounts author- struct such facilities. Intelligence of the House of Representatives. ized by this section for each fiscal year for (2) FOREIGN TERRORIST ORGANIZATION.—The contract hydrographic surveys, not more SA 4055. Mr. MCCONNELL (for Mr. term ‘‘foreign terrorist organization’’ mean than 5 percent is authorized for administra- CORKER) proposed an amendment to the an organization designated by the Secretary tive costs associated with contract manage- bill H.R. 390, to provide relief for vic- of State as a foreign terrorist organization ment.’’. tims of genocide, crimes against hu- pursuant to section 219(a) of the Immigra- SEC. 1002. SYSTEM FOR TRACKING AND REPORT- manity, and war crimes who are mem- tion and Nationality Act (8 U.S.C. 1189(a)). ING ALL-INCLUSIVE COST OF HY- bers of religious and ethnic minority (3) HUMANITARIAN, STABILIZATION, AND RE- DROGRAPHIC SURVEYS. COVERY NEEDS.—The term ‘‘humanitarian, (a) IN GENERAL.—Not later than 1 year groups in Iraq and Syria, for account- stabilization, and recovery needs’’, with re- after the date of the enactment of this Act, ability for perpetrators of these crimes, spect to an individual, includes water, sani- the Secretary of Commerce shall— and for other purposes; as follows: tation, hygiene, food security and nutrition, (1) develop and implement a system to Strike all after the enacting clause and in- shelter and housing, reconstruction, medical, track and report the full cost to the Depart- sert the following: education, psychosocial needs, and other as- ment of Commerce of hydrographic data col- SECTION 1. SHORT TITLE. sistance to address basic human needs, in- lection, including costs relating to vessel ac- This Act may be cited as the ‘‘Iraq and cluding stabilization assistance (as defined quisition, vessel repair, and administration Syria Genocide Relief and Accountability by the Stabilization Assistance Review in ‘‘A of contracts to procure data; Act of 2018’’. Framework for Maximizing the Effectiveness (2) evaluate measures for comparing cost of U.S. Government Efforts to Stabilize Con- per unit effort in addition to measures of SEC. 2. FINDINGS. Congress finds the following: flict-Affected Areas, 2018). cost per nautical square mile; and (1) The Secretary of State of State de- (4) HYBRID COURT.—The term ‘‘hybrid (3) submit to the Committee on Commerce, clared on March 17, 2016, and on August 15, court’’ means a court with a combination of Science, and Transportation of the Senate 2017, that Daesh (also known as the Islamic domestic and international lawyers, judges, and the Committee on Natural Resources of State of Iraq and Syria or ISIS) is respon- and personnel. the House of Representatives a report on sible for genocide, crimes against humanity, (5) INTERNATIONALIZED DOMESTIC COURT.— which additional measures for comparing and other atrocity crimes against religious The term ‘‘internationalized domestic court’’ cost per unit effort the Secretary intends to and ethnic minority groups in Iraq and means a domestic court with the support of use and the rationale for such use. Syria, including Christians, Yezidis, and international advisers. (b) DEVELOPMENT OF STRATEGY FOR IN- Shia, among other religious and ethnic SEC. 4. STATEMENT OF POLICY. CREASED CONTRACTING WITH NONGOVERN- groups. It is the policy of the United States to en- MENTAL ENTITIES FOR HYDROGRAPHIC DATA (2) According to the Department of State’s sure that assistance for humanitarian, sta- COLLECTION.—Not later than 180 days after bilization, and recovery needs of individuals the date on which the Secretary completes annual reports on international religious who are or were nationals and residents of the activities required by subsection (a), the freedom— (A) the number of Christians living in Iraq Iraq or Syria, and of communities in and Secretary shall develop a strategy for how from those countries, is directed toward the National Oceanic and Atmospheric Ad- has dropped from an estimated 800,000 to 1,400,000 in 2002 to fewer than 250,000 in 2017; those individuals and communities with the ministration will increase contracting with greatest need, including those individuals nongovernmental entities for hydrographic and (B) the number of Yezidis living in Iraq has from communities of religious and ethnic data collection in a manner that is con- minorities, and communities of religious and sistent with the requirements of the Ocean fluctuated from 500,000 in 2013, to between 350,000 and 400,000 in 2016, and between 600,000 ethnic minorities, that the Secretary of and Coastal Mapping Integration Act (Public State declared were targeted for genocide, Law 111–11; 33 U.S.C. 3501 et seq.). and 750,000 in 2017. (3) The annual reports on international re- crimes against humanity, or war crimes, and SEC. 1003. HOMEPORT OF CERTAIN RESEARCH have been identified as being at risk of perse- VESSELS. ligious freedom further suggest that— (A) Christian communities living in Syria, cution, forced migration, genocide, crimes (a) ACCEPTANCE OF FUNDS AUTHORIZED.— against humanity, or war crimes. The Secretary of Commerce may accept non- which had accounted for between 8 and 10 SEC. 5. ACTIONS TO PROMOTE ACCOUNTABILITY Federal funds for the purpose of the con- percent of Syria’s total population in 2010, are now ‘‘considerably’’ smaller as a result of IN IRAQ FOR GENOCIDE, CRIMES struction of a new port facility, including ob- AGAINST HUMANITY, AND WAR taining such cost estimates, designs, and the civil war, and CRIMES. permits as may be necessary to facilitate the (B) there was a population of approxi- (a) ASSISTANCE.—The Secretary of State homeporting of the R/V FAIRWEATHER in mately 80,000 Yezidis before the commence- and the Administrator of the United States accordance with title II of the Departments ment of the conflict in Syria. Agency for International Development are of Commerce, Justice, and State, the Judici- (4) Local communities and entities have authorized to provide assistance, including ary, and Related Agencies Appropriations sought to mitigate the impact of violence di- financial and technical assistance, as nec- Act, 2002 (Public Law 107–77; 115 Stat. 775) at rected against religious and ethnic minori- essary and appropriate, to support the ef- a location that during such homeporting ties in Iraq and Syria, including the forts of entities, including nongovernmental shall be under the administrative jurisdic- Chaldean Catholic Archdiocese of Erbil organizations with expertise in international tion of the Under Secretary of Commerce for (Kurdistan Region of Iraq), which has used criminal investigations and law, to address Oceans and Atmosphere. predominantly private funds to provide as- genocide, crimes against humanity, or war (b) STRATEGIC PLAN REQUIRED.—Not later sistance to internally displaced Christians, crimes, and their constituent crimes by ISIS than 180 days after the date of the enactment Yezidis, and Muslims throughout the greater in Iraq by— of this Act, the Secretary shall develop and Erbil region, while significant needs and di- (1) conducting criminal investigations; submit to the Committee on Commerce, minishing resources have made it increas- (2) developing indigenous investigative and Science, and Transportation of the Senate ingly difficult to continue these efforts. judicial skills, including by partnering, di- and the Committee on Natural Resources of SEC. 3. DEFINITIONS. rectly mentoring, and providing necessary the House of Representatives a strategic In this Act: equipment and infrastructure to effectively plan for implementing subsection (a). (1) APPROPRIATE CONGRESSIONAL COMMIT- adjudicating cases consistent with due proc- (c) ACCEPTANCE OF FUNDS AUTHORIZED.— TEES.—The term ‘‘appropriate congressional ess and respect for the rule of law; and The Secretary may accept non-Federal funds committees’’ means— (3) collecting and preserving evidence and for the purpose of the construction of a new (A) the Committee on Foreign Relations of the chain of evidence, including for use in port facility, including obtaining such cost the Senate; prosecutions in domestic courts, hybrid estimates, designs, and permits as may be (B) the Committee on the Judiciary of the courts, and internationalized domestic necessary to facilitate the homeporting of a Senate; courts, consistent with the activities de- new, existing, or reactivated research vessel (C) the Committee on Homeland Security scribed in subsection (b). in the city of St. Petersburg, Florida, at a lo- and Governmental Affairs of the Senate; (b) ACTIONS BY FOREIGN GOVERNMENTS.— cation that during such homeporting shall be (D) the Committee on Appropriations of The Secretary of State, in consultation with under the administrative jurisdiction of the the Senate; the Attorney General, the Secretary of Under Secretary of Commerce for Oceans and (E) the Select Committee on Intelligence Homeland Security, the Director of National Atmosphere. of the Senate; Intelligence, and the Director of the Federal (d) STRATEGIC PLAN REQUIRED.—Not later (F) the Committee on Foreign Affairs of Bureau of Investigation, shall encourage than 180 days after the date of the enactment the House of Representatives; governments of foreign countries—

VerDate Sep 11 2014 07:14 Oct 12, 2018 Jkt 089060 PO 00000 Frm 00096 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.056 S11OCPT1 dlhill on DSK3GLQ082PROD with SENATE October 11, 2018 CONGRESSIONAL RECORD — SENATE S6873 (1) to include information in appropriate (2) an assessment of— ‘‘(A) through community-wide dental dis- security databases and security screening (A) the feasibility and advisability of pros- ease prevention programs; and procedures of such countries to identify sus- ecuting ISIS members for whom credible evi- ‘‘(B) by increasing public awareness and pected ISIS members for whom credible evidence exists of having committed genocide, education related to oral health and dental dence exists of having committed genocide, crimes against humanity, or war crimes in disease prevention. crimes against humanity, or war crimes, and Iraq, including in domestic courts in Iraq, ‘‘(2) ELIGIBLE ENTITIES.—To be eligible to their constituent crimes, in Iraq; and hybrid courts, and internationalized domes- receive a grant, contract, or cooperative (2) to apprehend and prosecute such ISIS tic courts; and agreement under this subsection, an entity members for genocide, crimes against hu- (B) the measures needed— shall be— manity, or war crimes, as appropriate. (i) to ensure effective criminal investiga- ‘‘(A) a dental association; (c) CONSULTATION.—In carrying out sub- tions of such individuals; and ‘‘(B) a State or tribal health department or section (a), the Secretary of State shall con- (ii) to effectively collect and preserve evi- State or tribal oral health program; sult with and consider credible information dence, and preserve the chain of evidence, for ‘‘(C) an accredited dental education, dental from entities described in such subsection. prosecution; and hygiene, or postdoctoral dental education SEC. 6. IDENTIFICATION OF AND ASSISTANCE TO (3) recommendations for legislative rem- program; or ADDRESS HUMANITARIAN, STA- edies and administrative actions to facilitate ‘‘(D) a non-profit community-based organi- BILIZATION, AND RECOVERY NEEDS OF CERTAIN PERSONS IN IRAQ AND the implementation of this Act. zation that partners with public and private SYRIA. (b) FORM.—The report required under sub- non-profit entities, such as an academic in- (a) IDENTIFICATION.—The Secretary of section (a) shall be submitted in unclassified stitution, to facilitate the provision of den- State, in consultation with the Secretary of form, but may contain a classified annex, if tal services to underserved populations.’’; Defense, the Administrator of the United necessary. (b) TECHNICAL AMENDMENT.—Section States Agency for International Develop- 399LL-1(d) of the Public Health Service Act ment, and Director of National Intelligence, SA 4056. Mr. MCCONNELL (for Mr. (42 U.S.C. 280k-1(d)) is amended— shall seek to identify— CORKER) proposed an amendment to the (1) by striking ‘‘shall’’ and inserting (1) threats of persecution and other early- bill H.R. 390, to provide relief for vic- ‘‘shall, as practicable and appropriate,’’ be- warning indicators of genocide, crimes tims of genocide, crimes against hu- fore ‘‘utilize’’; and against humanity, and war crimes against manity, and war crimes who are mem- (2) by striking ‘‘public education campaign’’ and inserting ‘‘oral health education individuals who are or were nationals and bers of religious and ethnic minority residents of Iraq or Syria, are members of re- campaign and action for dental health pro- ligious or ethnic minority groups in such groups in Iraq and Syria, for account- gram’’. countries, and against whom the Secretary ability for perpetrators of these crimes, (c) REPORT TO CONGRESS.—Not later than 3 of State has determined ISIS has committed and for other purposes; as follows: years after the date of enactment of this genocide, crimes against humanity, or war Amend the title so as to read: ‘‘An Act to Act, the Secretary of Health and Human crimes; provide relief for victims of genocide, crimes Services shall submit to the Committee on (2) the religious and ethnic minority against humanity, and war crimes who are Health, Education, Labor, and Pensions of groups in Iraq or Syria identified pursuant members of religious and ethnic minority the Senate and the Committee on Energy to paragraph (1) that are at risk of forced mi- groups in Iraq and Syria, for accountability and Commerce of the House of Representa- gration, within or across the borders of Iraq, for perpetrators of these crimes, and for tives, a report on the outcomes and effective- Syria, or a country of first asylum, and the other purposes.’’. ness of programs and activities conducted primary reasons for such risk; under sections 399LL and 399LL-1 of the Pub- (3)(A) the humanitarian, stabilization, and SA 4057. Mr. MCCONNELL (for Mr. lic Health Service Act (42 U.S.C. 280k and 280k-1). recovery needs of individuals described in ALEXANDER) proposed an amendment to paragraphs (1) and (2), including the assist- the bill H.R. 2422, to amend the Public SEC. 3. GRANTS FOR INNOVATIVE PROGRAMS. Section 340G of the Public Health Service ance provided by the United States and by Health Service Act to improve essen- the United Nations, respectively— Act (42 U.S.C. 256g) is amended— (i) to address the humanitarian, stabiliza- tial oral health care for low-income (1) in subsection (b)(5)— tion, and recovery needs of such individuals; and other underserved individuals by (A) in subparagraph (B), by striking ‘‘and’’ and breaking down barriers to care, and for at the end; and (ii) to mitigate the risks of forced migra- other purposes; as follows: (B) by adding at the end the following: tion of such individuals; and Strike all after the enacting clause and in- ‘‘(D) the establishment or development of (B) assistance provided through the Fund- sert the following: models for the provision of dental services to ing Facility for Immediate Stabilization and children and adults, such as dental homes, SECTION 1. SHORT TITLE. Funding Facility for Expanded Stabilization; This Act may be cited as the Action for including for the elderly, blind, individuals and Dental Health Act of 2018. with disabilities, and individuals living in (4) to the extent practicable and appro- long-term care facilities; and priate— SEC. 2. ORAL HEALTH EDUCATION. ‘‘(E) the establishment of initiatives to re- (A) the entities, including faith-based enti- (a) IN GENERAL.—Section 399LL of the Pub- duce the use of emergency departments by ties, that are providing assistance to address lic Health Service Act (42 U.S.C. 280k) is individuals who seek dental services more the humanitarian, stabilization, and recov- amended— appropriately delivered in a dental primary ery needs of individuals described in para- (1) in subsection (a)— care setting;’’; and graphs (1) and (2); and (A) in the subsection heading, by inserting (2) in subsection (f), by striking ‘‘$25,000,000 (B) the extent to which the United States ‘‘OF ORAL HEALTH EDUCATION CAMPAIGN’’ for the 5-fiscal year period beginning with is providing assistance to or through the en- after ‘‘ESTABLISHMENT’’; and fiscal year 2008’’ and inserting ‘‘$13,903,000 for tities referred to in subparagraph (A). (B) by striking ‘‘focused on oral healthcare each of fiscal years 2019 through 2023’’. (b) ADDITIONAL CONSULTATION.—In carrying prevention and education’’ and inserting ‘‘fo- out subsection (a), the Secretary of State cused on oral health education’’; SA 4058. Mr. MCCONNELL (for Mr. shall consult with, and consider credible in- (2) in subsection (b), in the matter pre- CORKER) proposed an amendment to the formation from— ceding paragraph (1), by striking ‘‘cam- bill H.R. 3342, to impose sanctions with (1) individuals described in paragraphs (1) paign’’ and inserting ‘‘campaign under subsection (a)’’; and respect to foreign persons that are re- and (2) of such subsection; and sponsible for using civilians as human (2) the entities described in paragraph (3) by striking subsection (c) and inserting (4)(A) of such subsection. the following: shields, and for other purposes; as fol- (c) ASSISTANCE.—The Secretary of State ‘‘(c) ACTION FOR DENTAL HEALTH PRO- lows: and the Administrator of the United States GRAM.— Strike all after the enacting clause and in- Agency for International Development are ‘‘(1) IN GENERAL.—The Secretary, in con- sert the following: authorized to provide assistance, including sultation with the Director of the Centers SECTION 1. SHORT TITLE. financial and technical assistance as nec- for Disease Control and Prevention and the This Act may be cited as the ‘‘Sanctioning essary and appropriate, to support the enti- Administrator of the Health Resources and the Use of Civilians as Defenseless Shields ties described in subsection (a)(4)(A). Services Administration, may award grants, Act’’. SEC. 7. REPORT. contracts, or cooperative agreements to eli- SEC. 2. STATEMENT OF POLICY. (a) IMPLEMENTATION REPORT.—Not later gible entities to collaborate with State or It shall be the policy of the United States than 90 days after the date of the enactment local public health officials, tribal health of- to officially and publicly condemn the use of of this Act, the Secretary of State shall sub- ficials, oral health professional organiza- innocent civilians as human shields. mit a report to the appropriate congressional tions, and others, as appropriate, to develop SEC. 3. IMPOSITION OF SANCTIONS WITH RE- committees that includes— and implement initiatives to improve oral SPECT TO FOREIGN PERSONS THAT (1) a detailed description of the efforts health, including activities to prevent dental ARE RESPONSIBLE FOR THE USE OF taken, and efforts proposed to be taken, to disease and reduce barriers to the provision CIVILIANS AS HUMAN SHIELDS. implement the provisions of this Act; of dental services, including— (a) IMPOSITION OF SANCTIONS.—

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(1) MANDATORY SANCTIONS.—The President is subject to sanctions under subsection (a), (3) APPROPRIATE CONGRESSIONAL COMMIT- shall impose sanctions described in sub- regardless of when such visa or other docu- TEES.—In this section, the term ‘‘appropriate section (d) with respect to each person on mentation was issued, shall be revoked and congressional committees’’ means— the list required under subsection (b). such alien shall be denied admission to the (A) the Committee on Banking, Housing, (2) PERMISSIVE SANCTIONS.—The President United States. and Urban Affairs, the Committee on For- may impose sanctions described in sub- (C) EXCEPTION TO COMPLY WITH UNITED NA- eign Relations, and the Committee on the section (d) with respect to each person on TIONS HEADQUARTERS AGREEMENT AND OTHER Judiciary of the Senate; and the list described in subsection (c). INTERNATIONAL OBLIGATIONS.—The sanctions (B) the Committee on Financial Services, (b) MANDATORY SANCTIONS LIST.—Not later under this paragraph shall not be imposed on the Committee on Foreign Affairs, and the than one year after the date of the enact- an individual if admitting such individual to Committee on the Judiciary of the House of ment of this Act, and annually thereafter, the United States is necessary to permit the Representatives. the President shall submit to the appro- United States to comply with the Agreement (4) FOREIGN PERSON.—The term ‘‘foreign priate congressional committees a list of the regarding the Headquarters of the United person’’ means— following: Nations, signed at Lake Success June 26, (A) any citizen or national of a foreign (1) Each foreign person that the President 1947, and entered into force November 21, state, wherever located; or determines, on or after the date of the enact- 1947, between the United Nations and the (B) any entity not organized solely under ment of this Act— United States, or with other applicable the laws of the United States or existing (A) is a member of Hizballah or is know- international obligations. solely in the United States. ingly acting on behalf of Hizballah; and (e) PENALTIES.—The penalties provided for (5) HAMAS.—The term ‘‘Hamas’’ means— (B) knowingly orders, controls, or other- in subsections (b) and (c) of section 206 of the (A) the entity known as Hamas and des- wise directs the use of civilians protected as International Emergency Economic Powers ignated by the Secretary of State as a for- such by the law of war to shield military ob- Act (50 U.S.C. 1705) shall apply to a person eign terrorist organization pursuant to sec- jectives from attack. that knowingly violates, attempts to violate, tion 219 of the Immigration and Nationality (2) Each foreign person that the President conspires to violate, or causes a violation of Act (8 U.S.C. 1189); or determines, on or after the date of the enact- regulations prescribed to carry out this sec- (B) any person identified as an agent or in- ment of this Act— tion to the same extent that such penalties strumentality of Hamas on the list of spe- (A) is a member of Hamas or is knowingly apply to a person that knowingly commits cially designated nationals and blocked per- acting on behalf of Hamas; and an unlawful act described in section 206(a) of sons maintained by the Office of Foreign (B) knowingly orders, controls, or other- such Act. Asset Control of the Department of the wise directs the use of civilians protected as (f) PROCEDURES FOR JUDICIAL REVIEW OF Treasury, the property or interests in prop- such by the law of war to shield military ob- CLASSIFIED INFORMATION.— erty of which are blocked pursuant to the jectives from attack. (1) IN GENERAL.—If a finding under this sec- International Emergency Economic Powers (3) Each foreign person or agency or instru- tion, or a prohibition, condition, or penalty Act (50 U.S.C. 1701 et seq.). mentality of a foreign state that the Presi- imposed as a result of any such finding, is (6) HIZBALLAH.—The term ‘‘Hizballah’’ dent determines, on or after the date of the based on classified information (as defined in means— enactment of this Act, knowingly and mate- section 1(a) of the Classified Information (A) the entity known as Hizballah and des- rially supports, orders, controls, directs, or Procedures Act (18 U.S.C. App.)) and a court ignated by the Secretary of State as a for- otherwise engages in— reviews the finding or the imposition of the eign terrorist organization pursuant to sec- (A) any act described in subparagraph (B) prohibition, condition, or penalty, the Presi- tion 219 of the Immigration and Nationality of paragraph (1) by a person described in that dent may submit such information to the Act (8 U.S.C. 1189); or paragraph; or court ex parte and in camera. (B) any person identified as an agent or in- (B) any act described in subparagraph (B) (2) RULE OF CONSTRUCTION.—Nothing in this strumentality of Hizballah on the list of spe- of paragraph (2) by a person described in that subsection shall be construed to confer or cially designated nationals and blocked per- paragraph. imply any right to judicial review of any sons maintained by the Office of Foreign (c) PERMISSIVE SANCTIONS LIST.—Not later finding under this section or any prohibition, Asset Control of the Department of the than one year after the date of the enact- Treasury, the property or interests in prop- ment of this Act, and annually thereafter, condition, or penalty imposed as a result of any such finding. erty of which are blocked pursuant to the the President should submit to the appro- International Emergency Economic Powers (g) WAIVER.—The President may waive the priate congressional committees a list of Act (50 U.S.C. 1701 et seq.). each foreign person that the President deter- application of sanctions under this section if (7) UNITED STATES PERSON.—The term mines, on or after the date of the enactment the President determines and reports to the ‘‘United States person’’ means any United of this Act, knowingly orders, controls, or appropriate congressional committees that States citizen, permanent resident alien, en- otherwise directs the use of civilians pro- such waiver is in the national security inter- tity organized under the laws of the United tected as such by the law of war to shield est of the United States. military objectives from attack, excluding States (including foreign branches), or any (h) REGULATORY AUTHORITY.— person in the United States. foreign persons included in the most recent (1) IN GENERAL.—The President may exer- list under subsection (b). cise all authorities under sections 203 and 205 SEC. 5. SUNSET. (d) SANCTIONS DESCRIBED.—The sanctions of the International Emergency Economic This Act shall cease to be effective on De- to be imposed on a foreign person or an agen- Powers Act (50 U.S.C. 1702 and 1704) for pur- cember 31, 2023. cy or instrumentality of a foreign state poses of carrying out this section. under this subsection are the following: (2) ISSUANCE OF REGULATIONS.—Not later SA 4059. Mr. MCCONNELL (for Mr. (1) BLOCKING OF PROPERTY.—The President than 180 days after the date of the enactment CORKER) proposed an amendment to the shall exercise all of the powers granted to of this Act, the President shall prescribe bill H.R. 3342, to impose sanctions with the President under the International Emer- such regulations as may be necessary to im- respect to foreign persons that are re- gency Economic Powers Act (50 U.S.C. 1701 plement this section. et seq.) to the extent necessary to block and sponsible for using civilians as human (i) RULE OF CONSTRUCTION.—Nothing in this prohibit all transactions in property and in- shields, and for other purposes; as fol- section may be construed— terests in property of the foreign person or lows: (1) to limit the authorities of the President agency or instrumentality of a foreign state pursuant to the International Emergency Amend the title so as to read: ‘‘An Act to if such property or interests in property are Economic Powers Act (50 U.S.C. 1701 et seq.) impose sanctions with respect to foreign per- in the United States, come within the United or any other relevant provision of law; or sons that are responsible for using civilians States, or are or come within the possession (2) to apply with respect to any activity as human shields, and for other purposes.’’. or control of a United States person. subject to the reporting requirements under f (2) ALIENS INELIGIBLE FOR VISAS, ADMISSION, title V of the National Security Act of 1947 OR PAROLE.— (50 U.S.C. 3091 et seq.), or to any authorized AUTHORITY FOR COMMITTEES TO (A) VISAS, ADMISSION, OR PAROLE.—An alien intelligence activities of the United States. MEET who the Secretary of State or the Secretary of Homeland Security determines is subject SEC. 4. DEFINITIONS. Mr. ROUNDS. Mr. President, I have 8 to sanctions under subsection (a) is— In this Act: requests for committees to meet during (i) inadmissible to the United States; (1) ADMITTED; ALIEN.—The terms ‘‘admit- today’s session of the Senate. They (ii) ineligible to receive a visa or other doc- ted’’ and ‘‘alien’’ have the meanings given have the approval of the Majority and umentation to enter the United States; and those terms in section 101 of the Immigra- Minority leaders. (iii) otherwise ineligible to be admitted or tion and Nationality Act (8 U.S.C. 1101). Pursuant to rule XXVI, paragraph paroled into the United States or to receive (2) AGENCY OR INSTRUMENTALITY OF A FOR- any other benefit under the Immigration and EIGN STATE.—The term ‘‘agency or instru- 5(a), of the Standing Rules of the Sen- Nationality Act (8 U.S.C. 1101 et seq.). mentality of a foreign state’’ has the mean- ate, the following committees are au- (B) CURRENT VISAS REVOKED.—Any visa or ing given that term in section 1603(b) of title thorized to meet during today’s session other documentation issued to an alien who 28, United States Code. of the Senate:

VerDate Sep 11 2014 07:14 Oct 12, 2018 Jkt 089060 PO 00000 Frm 00098 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.057 S11OCPT1 dlhill on DSK3GLQ082PROD with SENATE October 11, 2018 CONGRESSIONAL RECORD — SENATE S6875 COMMITTEE ON ARMED SERVICES of the Committee on Commerce, and the Veterans of Foreign Wars, and for The Committee on Armed Services is Science, and Transportation is author- other purposes. authorized to meet during the session ized to meet during the session of the There being no objection, the Senate of the Senate on Thursday, October 11, Senate on Thursday, October 11, 2018, proceeded to consider the bill which 2018, at 9:30 a.m., to conduct a hearing at 9:30 a.m., to conduct a hearing. had been reported from the Committee on China and Russia. f on Energy and Natural Resources, with COMMITTEE ON BANKING, HOUSING, AND URBAN an amendment to strike all after the AFFAIRS NOTICE: REGISTRATION OF MASS enacting clause and insert in lieu The Committee on Banking, Housing, MAILINGS thereof the following: and Urban Affairs is authorized to The filing date for the 2018 third SECTION 1. SHORT TITLE. meet during the session of the Senate quarter Mass Mailing report is Thurs- This Act may be cited as the ‘‘Gulf Islands on Thursday, October 11, 2018, at 10 day, October 25, 2018. An electronic op- National Seashore Land Exchange Act’’. a.m., to conduct a hearing entitled tion is available on Webster that will SEC. 2. DEFINITIONS. ‘‘Exploring the cryptocurrency and allow forms to be submitted via a In this Act: blockchain ecosystem.’’ (1) FEDERAL LAND.—The term ‘‘Federal land’’ fillable pdf document. If your office did means the parcel of approximately 1.542 acres of COMMITTEE ON ENVIRONMENT AND PUBLIC no mass mailings during this period, land that is located within the Gulf Islands Na- WORKS please submit a form that states The Committee on Environment and tional Seashore in Jackson County, Mississippi, ‘‘none.’’ and identified as ‘‘NPS Exchange Area’’ on the Public Works is authorized to meet Mass mailing registrations or nega- Map. during the session of the Senate on tive reports can be submitted elec- (2) MAP.—The term ‘‘Map’’ means the map Thursday, October 11, 2018, at 10 a.m., tronically or delivered to the Senate entitled ‘‘Gulf Islands National Seashore, Pro- to conduct a hearing. posed Land Exchange with VFW, Davis Bayou Office of Public Records, 232 Hart Area—Jackson County, MS’’, numbered 635/ COMMITTEE ON FOREIGN RELATIONS Building, Washington, D.C. 20510–7116. The Committee on Foreign Relations 133309, and dated June 2016. The Senate Office of Public Records is authorized to meet during the ses- (3) NON-FEDERAL LAND.—The term ‘‘non-Fed- is open from 9:00 a.m. to 6:00 p.m. (9:00 eral land’’ means the parcel of approximately sion of the Senate on Thursday, Octo- a.m. to 5:00 p.m. when the Senate is not 2.161 acres of land that is located in Jackson ber 11, 2018, at 10:30 a.m., to conduct a in session). For further information, County, Mississippi, and identified as ‘‘VFW hearing on the following nominations: please contact the Senate Office of Exchange Area’’ on the Map. John Mark Pommersheim, of Florida, (4) POST.—The term ‘‘Post’’ means the Vet- to be Ambassador to the Republic of Public Records at (202) 224–0322. erans of Foreign Wars Post 5699. Tajikistan, William H. Moser, of North f (5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior, acting through the Carolina, to be Ambassador to the Re- AUTHORIZING THE NATIONAL public of Kazakhstan, and Donald Director of the National Park Service. EMERGENCY MEDICAL SERVICES SEC. 3. GULF ISLANDS NATIONAL SEASHORE Armin Blome, of Illinois, to be Ambas- MEMORIAL FOUNDATION TO ES- LAND EXCHANGE. sador to the Republic of Tunisia, all of TABLISH A COMMEMORATIVE (a) IN GENERAL.—The Secretary may convey the Department of State. WORK IN THE DISTRICT OF CO- to the Post all right, title, and interest of the COMMITTEE ON THE JUDICIARY LUMBIA AND ITS ENVIRONS United States in and to the Federal land in ex- The Committee on the Judiciary is change for the conveyance by the Post to the authorized to meet during the session Mr. MCCONNELL. Mr. President, I Secretary of all right, title, and interest of the of the Senate on Thursday, October 11, ask unanimous consent that the Sen- Post in and to the non-Federal land. (b) EQUAL VALUE EXCHANGE.— 2018, at 10 a.m., to conduct a business ate proceed to the immediate consideration of Calendar No. 523, H.R. 1037. (1) IN GENERAL.—The values of the Federal meeting and hearing on the following land and non-Federal land to be exchanged nominations: Jonathan A. Kobes, of The PRESIDING OFFICER. The under this section shall be equal, as determined South Dakota, to be United States Cir- clerk will report the bill by title. by an appraisal conducted— cuit Judge for the Eighth Circuit, Ken- The legislative clerk read as follows: (A) by a qualified and independent appraiser; neth D. Bell, to be United States Dis- A bill (H.R. 1037) to authorize the National and trict Judge for the Western District of Emergency Medical Services Memorial (B) in accordance with nationally recognized Foundation to establish a commemorative appraisal standards. North Carolina, Stephanie A. Galla- (2) EQUALIZATION.—If the values of the Fed- gher, to be United States District work in the District of Columbia and its environs, and for other purposes. eral land and non-Federal land to be exchanged Judge for the District of Maryland, under this section are not equal, the values Mary S. McElroy, to be United States There being no objection, the Senate shall be equalized through— District Judge for the District of proceeded to consider the bill. (A) a cash payment; or Rhode Island, Carl J. Nichols, to be Mr. MCCONNELL. Mr. President, I (B) adjustments to the acreage of the Federal United States District Judge for the further ask unanimous consent that land or non-Federal land to be exchanged, as the bill be read a third time and passed applicable. District of Columbia, John M. O’Con- (c) PAYMENT OF COSTS OF CONVEYANCE.— nor, to be United States District Judge and the motion to reconsider be consid- (1) PAYMENT REQUIRED.—As a condition of the for the Northern, Eastern and Western ered made and laid upon the table with exchange authorized under this section, the Sec- Districts of Oklahoma, and Martha no intervening action or debate. retary shall require the Post to pay the costs to Maria Pacold, Mary M. Rowland, and The PRESIDING OFFICER. Without be incurred by the Secretary, or to reimburse the Steven C. Seeger, each to be a United objection, it is so ordered. Secretary for the costs incurred by the Sec- States District Judge for the Northern The bill (H.R. 1037) was ordered to a retary, to carry out the exchange, including— (A) survey costs; District of Illinois. third reading, was read the third time, (B) any costs relating to environmental docu- COMMITTEE ON SMALL BUSINESS AND and passed. mentation; and ENTREPRENEURSHIP f (C) any other administrative costs relating to The Committee on Small Business the land exchange. and Entrepreneurship is authorized to GULF ISLANDS NATIONAL SEA- (2) REFUND.—If the Secretary collects amounts meet during the session of the Senate SHORE LAND EXCHANGE ACT OF from the Post under paragraph (1) before the on Thursday, October 11, 2018, during 2017 Secretary incurs the actual costs and the amount collected by the Secretary exceeds the the first vote, to conduct a hearing. Mr. MCCONNELL. Mr. President, I costs actually incurred by the Secretary to carry SELECT COMMITTEE ON INTELLIGENCE ask unanimous consent that the Sen- out the land exchange under this section, the The Select Committee on Intel- ate proceed to the immediate consider- Secretary shall provide to the Post a refund of ligence is authorized to meet during ation of Calendar No. 376, H.R. 2615. the excess amount paid by the Post. the session of the Senate on Thursday, The PRESIDING OFFICER. The (3) TREATMENT OF CERTAIN AMOUNTS RE- October 11, 2018, at 2 p.m., to conduct a clerk will report the bill by title. CEIVED.—Amounts received by the Secretary closed hearing. from the Post as reimbursement for costs in- The legislative clerk read as follows: curred under paragraph (1) shall be— SUBCOMMITTEE ON OCEANS, ATMOSPHERE, A bill (H.R. 2615) to authorize the exchange (A) credited to the fund or account from FISHERIES, AND COAST GUARD of certain land located in Gulf Islands Na- which amounts were used to pay the costs in- The Subcommittee on Oceans, At- tional Seashore, Jackson County, Mis- curred by the Secretary in carrying out the land mosphere, Fisheries, and Coast Guard sissippi, between the National Park Service exchange;

VerDate Sep 11 2014 07:14 Oct 12, 2018 Jkt 089060 PO 00000 Frm 00099 Fmt 4637 Sfmt 6333 E:\CR\FM\A11OC6.061 S11OCPT1 dlhill on DSK3GLQ082PROD with SENATE S6876 CONGRESSIONAL RECORD — SENATE October 11, 2018 (B) merged with amounts in the fund or ac- ation of H.R. 6758, which was received Sec. 12. Independent International Commission count to which the amounts were credited under from the House. of Inquiry on the Syrian Arab Re- subparagraph (A); and The PRESIDING OFFICER. The public. (C) available for the same purposes as, and clerk will report the bill by title. Sec. 13. Prohibition on additional funding. subject to the same conditions and limitations The legislative clerk read as follows: SEC. 2. FINDINGS; SENSE OF CONGRESS. applicable to, amounts in the fund or account to (a) FINDINGS.—Congress finds the following: A bill (H.R. 6758) to direct the Under Sec- which the amounts were credited under sub- (1) Religious and ethnic minorities in Iraq and retary of Commerce for Intellectual Prop- paragraph (A). Syria are persecuted groups. The Secretary of erty and Director of the United States Pat- (d) DESCRIPTION OF FEDERAL LAND AND NON- State of State declared on March 17, 2016, and ent and Trademark Office, in consultation FEDERAL LAND.—The exact acreage and legal August 15, 2017, that the Islamic State of Iraq with the Administrator of the Small Busi- description of the Federal land and non-Federal and Syria (ISIS), is responsible for genocide, land to be exchanged under this section shall be ness Administration, to study and provide recommendations to promote the participa- crimes against humanity, and other atrocity determined by surveys that are determined to be crimes against several of these groups, including satisfactory by the Secretary and the Post. tion of women, minorities, and veterans in entrepreneurship activities and the patent Christians and Yezidis. (e) CONVEYANCE AGREEMENT.—The exchange (2) The Independent International Commis- of Federal land and non-Federal land under system, to extend by 8 years the Patent and Trademark Office’s authority to set the sion of Inquiry on the Syrian Arab Republic this section shall be— stated in its February 3, 2016, report, ‘‘The Gov- (1) carried out through a quitclaim deed or amounts for the fees it charges, and for other purposes. ernment has committed the crimes against hu- other legal instrument; and manity of extermination, murder, rape or other (2) subject to such terms and conditions as are There being no objection, the Senate forms of sexual violence, torture, imprisonment, mutually satisfactory to the Secretary and the proceeded to consider the bill. enforced disappearance and other inhuman Post, including such additional terms and con- Mr. MCCONNELL. I ask unanimous acts. Based on the same conduct, war crimes ditions as the Secretary considers to be appro- consent that the bill be considered read have also been committed. Both Jabhat Al- priate to protect the interests of the United Nusra and some anti-Government armed groups States. a third time and passed and the motion have committed the war crimes of murder, cruel (f) VALID EXISTING RIGHTS.—The exchange of to reconsider be considered made and Federal land and non-Federal land authorized laid upon the table. treatment, and torture.’’. (3) The International Criminal Investigative under this section shall be subject to valid exist- The PRESIDING OFFICER. Without Training Assistance Program and the Office of ing rights. objection, it is so ordered. Overseas Prosecutorial Development Assistance (g) TITLE APPROVAL.—Title to the Federal The bill (H.R. 6758) was ordered to a land and non-Federal land to be exchanged and Training of the Department of Justice have third reading, was read the third time, provided technical assistance to governmental under this section shall be in a form acceptable and passed. to the Secretary. judicial and law enforcement entities in Iraq, (h) TREATMENT OF ACQUIRED LAND.—Any f including with funding support from the De- non-Federal land and interests in non-Federal IRAQ AND SYRIA GENOCIDE EMER- partment of State. land acquired by the United States under this (4) According to the Department of State’s an- GENCY RELIEF AND ACCOUNT- nual reports on international religious free- section shall be administered by the Secretary as ABILITY ACT OF 2017 part of the Gulf Islands National Seashore. dom— (i) MODIFICATION OF BOUNDARY.—On comple- Mr. MCCONNELL. Mr. President, I (A) the number of Christians living in Iraq tion of the exchange of Federal land and non- ask unanimous consent that the Sen- has dropped from an estimated 800,000 to Federal land under this section, the Secretary ate proceed to the immediate consider- 1,400,000 in 2002 to fewer than 250,000 in 2016; shall modify the boundary of the Gulf Islands and ation of Calendar No. 227, H.R. 390. (B) the number of Yezidis living in Iraq has National Seashore to reflect the exchange of The PRESIDING OFFICER. The Federal land and non-Federal land. dropped from 500,000 in 2013 to between 350,000 clerk will report the bill by title. and 400,000 in 2016. Mr. MCCONNELL. Mr. President, I The legislative clerk read as follows: (5) The annual reports on international reli- ask unanimous consent that the com- A bill (H.R. 390) to provide emergency re- gious freedom also suggest that— mittee-reported substitute amendment lief for victims of genocide, crimes against (A) Christian communities living in Syria, be agreed to and the bill, as amended, humanity, and war crimes in Iraq and Syria, which had accounted for between 8 and 10 per- be considered read a third time. for accountability for perpetrators of these cent of Syria’s total population in 2010, are now The PRESIDING OFFICER. Is there crimes, and for other purposes. considerably smaller as a result of the civil war; objection? There being no objection, the Senate and Without objection, it is so ordered. proceeded to consider the bill, which (B) the population of approximately 80,000 The committee-reported amendment Yezidis in 2010 may now be larger because of had been reported from the Committee refugees from Iraq. in the nature of a substitute was on Foreign Relations, with an amend- agreed to. (6) On December 21, 2016, the United Nations ment to strike all after the enacting General Assembly adopted a resolution to estab- The amendment was ordered to be clause and insert in lieu thereof the lish the International, Impartial and Inde- engrossed and the bill to be read a following: pendent Mechanism to Assist in the Investiga- third time. Be it enacted by the Senate and House of Rep- tion and Prosecution of Those Responsible for The bill was read the third time. resentatives of the United States of America in the Most Serious Crimes under International Mr. MCCONNELL. I know of no fur- Congress assembled, Law Committed in the Syrian Arab Republic ther debate on the bill, as amended. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. since March 2011. The PRESIDING OFFICER. Is there (a) SHORT TITLE.—This Act may be cited as (7) Local communities and entities have further debate? the ‘‘Iraq and Syria Genocide Emergency Relief sought to mitigate the impact of violence di- Hearing none, the bill having been and Accountability Act of 2017’’. rected against religious and ethnic minorities in read the third time, the question is, (b) TABLE OF CONTENTS.—The table of con- Iraq and Syria, including the Chaldean Catho- Shall the bill pass? tents for this Act is as follows: lic Archdiocese of Erbil (Kurdistan Region of Iraq), which has used private funds to provide The bill (H.R. 2615), as amended, was Sec. 1. Short title; table of contents. assistance to internally displaced Christians, passed. Sec. 2. Findings; sense of Congress. Sec. 3. Sense of Congress on the urgent need for Yezidis, and Muslims throughout the greater Mr. MCCONNELL. Mr. President, I Erbil region, while growing needs and dimin- ask unanimous consent that the mo- a political solution to the crisis in Syria. ishing resources have made it increasingly dif- tion to reconsider be considered made Sec. 4. Definitions. ficult to continue these efforts. and laid upon the table. Sec. 5. Statement of policy. (b) SENSE OF CONGRESS.—Congress— The PRESIDING OFFICER. Is there Sec. 6. Actions to promote accountability in (1) strongly condemns— objection? Iraq and Syria for acts of geno- (A) the ongoing violence, the use of chemical Without objection, it is so ordered. cide, crimes against humanity, weapons, targeting of civilian populations with barrel, incendiary, and cluster bombs and SCUD f and war crimes. Sec. 7. Identification of and assistance to ad- missiles, and the systematic gross human rights STUDY OF UNDERREPRESENTED dress humanitarian, stabilization, violations carried out by the Government of CLASSES CHASING ENGINEERING and recovery needs of certain per- Syria and pro-government forces under the di- AND SCIENCE SUCCESS ACT OF sons in Iraq and Syria. rection of President Bashar al-Assad; and 2018 Sec. 8. Reports. (B) all abuses committed by violent extremist Sec. 9. Technical assistance authorized. groups and other combatants involved in the Mr. MCCONNELL. Mr. President, I Sec. 10. Department of State Rewards for Jus- civil war in Syria; ask unanimous consent that the Sen- tice Program. (2) expresses its support for the people of Syria ate proceed to the immediate consider- Sec. 11. Syria Study Group. seeking democratic change;

VerDate Sep 11 2014 04:05 Dec 23, 2018 Jkt 089060 PO 00000 Frm 00100 Fmt 4637 Sfmt 6333 E:\RECORD18\OCTOBER\S11OC8.REC S11OC8 October 11, 2018 CONGRESSIONAL RECORD — SENATE S6877 (3) urges all parties to the conflict— perpetuated the conflict, and deployed tactics (D) the Committee on Foreign Affairs of the (A) to immediately halt indiscriminate attacks and strategies that have caused grave harm to House of Representatives; on civilians; civilians, including their conduct in the siege of (E) the Committee on Armed Services of the (B) to allow for the delivery of humanitarian eastern Aleppo which may constitute war crimes House of Representatives; and and medical assistance; and and crimes against humanity. (F) the Committee on Appropriations of the (C) to end sieges of civilian populations; (12) The United States Government has pro- House of Representatives. (4) calls on the President to support efforts in vided nearly $6,000,000,000 since 2011 in humani- (2) GENOCIDE.—The term ‘‘genocide’’ means Syria, and on the part of the international com- tarian assistance to communities and people di- any offense described in section 1091(a) of title munity, to ensure accountability for war crimes, rectly impacted by the Syrian conflict, including 18, United States Code. crimes against humanity, and genocide com- $364,000,000 that will be provided in fiscal year (3) HUMANITARIAN, STABILIZATION, AND RE- mitted during the conflict; and 2017 for refugees and other people displaced by COVERY NEEDS.—The term ‘‘humanitarian, sta- (5) supports the request in United Nations Se- the Syrian conflict. bilization, and recovery needs’’, with respect to curity Council Resolutions 2139 (2014), 2165 (13) The United States Armed Forces are lead- an individual, includes water, sanitation, hy- (2014), and 2191 (2014) for the Secretary-General ing the Global Coalition to Counter ISIS and are giene, food security, nutrition, shelter, housing, to regularly report to the Security Council on deployed with Coalition allies within the terri- reconstruction, medical, education, and psycho- the implementation of the resolutions, including tory of Syria and are working by, with, and social needs. paragraph 2 of Resolution 2139, which ‘‘de- through local Syrian partner forces to defeat (4) HYBRID TRIBUNAL.—The term ‘‘hybrid tri- mands that all parties immediately put an end ISIS and stabilize territory taken from it. bunal’’ means a temporary criminal tribunal to all forms of violence [and] cease and desist (b) SENSE OF CONGRESS.—Congress— that involves a combination of domestic and from all violations of international humani- (1) urges all parties to the conflict in Syria, international lawyers, judges, and other profes- tarian law and violations and abuses of human particularly the Russian Federation, Iran, and sionals to prosecute individuals suspected of rights’’. Iranian-backed militias, to immediately halt in- committing war crimes, crimes against human- SEC. 3. SENSE OF CONGRESS ON THE URGENT discriminate attacks, the imposition of starva- ity, or genocide. NEED FOR A POLITICAL SOLUTION tion sieges, and other forms of warfare directed (5) INTERNATIONALIZED DOMESTIC COURT.— TO THE CRISIS IN SYRIA. against civilians and civilian infrastructure; The term ‘‘internationalized domestic court’’ (a) FINDINGS.—Congress makes the following (2) strongly urges all parties to the conflict to means a domestic court with the support of findings: respect the safety, security, independence, and international advisers. (1) The transnational Salafi-jihadi organiza- impartiality of humanitarian workers and med- (6) TRANSITIONAL JUSTICE.—The term ‘‘transitions Islamic State in Iraq and Syria (ISIS) and ical professionals, ensuring freedom of move- tional justice’’ means the range of judicial, non- al Qaeda are utilizing the conflict in Syria and ment to deliver aid, particularly in areas of judicial, formal, informal, retributive, and re- the actions of the Assad regime to recruit and Syria controlled by opposition forces; storative measures employed by countries mobilize fighter and popular support. (3) encourages the President to make it the transitioning out of armed conflict or repressive (2) The crisis in Syria has led to the creation policy of the United States Government to con- regimes— of terrorist safe havens controlled by ISIS and tinue to coordinate a comprehensive and gen- (A) to redress legacies of atrocities; and (B) to promote long-term, sustainable peace. al Qaeda, along with other extremist groups, erous response to the humanitarian crisis in (7) WAR CRIME.—The term ‘‘war crime’’ has which have become bases from which to plan, Syria, including assistance and development the meaning given the term in section 2441(c) of direct, and inspire attacks against the United and protection of human rights inside Syria and title 18, United States Code. States and its allies and partners. in the region; (3) The spread of violence perpetuated by the (4) urges all parties in Syria to support the im- SEC. 5. STATEMENT OF POLICY. civil war in Syria and the flow of refugees is a mediate and full implementation of United Na- It is the policy of the United States to ensure threat to the security of our allies in the Middle tions Security Council Resolution 2268 (2016), that assistance for humanitarian, stabilization, East and Europe, placing immense domestic and which calls for a cessation of hostilities in the and recovery needs of individuals who are or humanitarian burdens on Syria’s neighbors, conflict, except with respect to ISIS and al were nationals and residents of Iraq or Syria, most notably Lebanon, Jordan, Turkey, and Qaeda and their affiliated organizations, and to and of communities from those countries, is di- Iraq. facilitate the provision of humanitarian assist- rected toward those individuals and commu- (4) The Syrian conflict has allowed Iran’s Is- ance and reconstruction of war-affected communities with the greatest need, including those in- lamic Revolutionary Guard Corps and its prox- nities in Syria; dividuals from communities of religious and eth- ies to increase their influence in parts of Syria (5) affirms that the elimination of al Qaeda nic minorities. and potentially threaten Israel’s borders. and ISIS safe havens in Syria from which those SEC. 6. ACTIONS TO PROMOTE ACCOUNTABILITY (5) The United Nations Security Council reso- organizations can plan and launch attacks IN IRAQ AND SYRIA FOR ACTS OF lutions 2332 (2016), 2268 (2016), and 2139 (2014) GENOCIDE, CRIMES AGAINST HU- against the United States and its partners is a call for the implementation of a cessation of MANITY, AND WAR CRIMES. vital national security interest of the United hostilities in Syria and reaffirm the inter- (a) ASSISTANCE.—The Secretary of State and States; national community’s support for the imme- the Administrator of the United States Agency (6) affirms that the stability of key European diate, direct, and uninhibited access of humani- for International Development are authorized, and Middle Eastern partners is vital to the na- tarian workers throughout the Syrian Arab Re- in consultation with the government of Iraq, to tional security of the United States, and pre- public. provide assistance, including financial and (6) The United Nations High Commissioner for venting the Syrian conflict from undermining technical assistance, as may be necessary and Refugees estimates that the Syrian conflict has that stability is a top priority for the United appropriate to support the efforts of entities, in- created over 5,000,000 refugees and 6,300,000 in- States; cluding nongovernmental organizations with ex- ternally displaced persons. (7) calls on the international community to pertise in international criminal investigations (7) Widespread and systematic attacks on ci- continue to support neighboring countries and and law, to undertake the following activities to vilians, schools, hospitals, and other civilian in- host communities who are generously sup- address crimes of genocide, crimes against hu- frastructure, in violation of international hu- porting refugees and internally displaced per- manity, or war crimes in Iraq by ISIS since Jan- manitarian law, continue in Syria, in particular sons fleeing the conflict in Syria; uary 2014: as result of the actions of the Assad regime and (8) calls on the President to continue the ac- (1) Conducting criminal investigations. its Russian and Iranian supporters. tive participation of the United States Govern- (2) Developing indigenous investigative and (8) Amnesty International has documented ment in a robust and effective diplomatic proc- judicial skills, including by partnering, directly evidence of mass human rights abuses of detain- ess to achieve a political agreement to the Syr- mentoring, and providing equipment and infra- ees at the Assad Regime’s Saydnaya Military ian conflict; and structure, as necessary, to effectively adjudicate Prison, including the summary execution by (9) urges the President to develop and submit cases in accordance with due process and re- hanging of an estimated 5,000 to 13,000 detainees to the Committees on Foreign Relations and spect for the rule of law. between September 2011 and December 2015. Armed Services of the Senate and the Commit- (3) Collecting and preserving evidence and the (9) The regime of Bashar al-Assad has repeat- tees on Foreign Affairs and Armed Services of chain of evidence, including for use in prosecu- edly blocked civilian access to or diverted hu- the House of Representatives within 90 days a tions in domestic courts, hybrid tribunals, and manitarian assistance, including medical sup- strategy for providing long-term stability and internationalized domestic courts, consistent plies, from besieged and hard-to-reach areas, in security in areas seized from ISIS in Syria. with the activities described in subsection (b). violation of United Nations Security Council SEC. 4. DEFINITIONS. (b) ACTIONS BY FOREIGN GOVERNMENTS.—The resolutions. In this Act: Secretary of State, in consultation with the At- (10) The Assad regime is subject to and in vio- (1) APPROPRIATE CONGRESSIONAL COMMIT- torney General, the Secretary of Homeland Se- lation of both United Nations Security Council TEES.—The term ‘‘appropriate congressional curity, the Director of National Intelligence, Resolution 2118 (2013) on the Framework for committees’’ means— and the Director of the Federal Bureau of In- Elimination of Syrian Chemical Weapons and (A) the Committee on Foreign Relations of the vestigation, shall encourage governments of for- United Nations Security Council Resolution 2209 Senate; eign countries to include in appropriate security (2015) Condemning the Use of Chlorine Gas in (B) the Committee on Armed Services of the databases and security screening procedures of Syria. Senate; such countries information to identify suspected (11) The Governments of the Russian Federa- (C) the Committee on Appropriations of the ISIS members for whom credible evidence exists tion and Iran have supported the Assad regime, Senate; of having committed acts of genocide, crimes

VerDate Sep 11 2014 06:11 Oct 12, 2018 Jkt 089060 PO 00000 Frm 00101 Fmt 4637 Sfmt 6333 E:\CR\FM\A11OC6.093 S11OCPT1 dlhill on DSK3GLQ082PROD with SENATE S6878 CONGRESSIONAL RECORD — SENATE October 11, 2018 against humanity or war crimes in Iraq and ible evidence exists of having committed acts of (II) identifying the authorities and appropria- Syria since January 2014, and to prosecute such genocide, crimes against humanity, or war tions being used to support such training ef- individuals for acts of genocide, crimes against crimes in Iraq since January 2014, in domestic forts; humanity or war crimes, as appropriate. courts in Iraq, hybrid tribunals, and inter- (ii) to promote and prepare for a transitional (c) CONSULTATION.—In carrying out sub- nationalized domestic courts; and justice process or processes for the perpetrators section (a), the Secretary of State shall consult (B) the measures needed— of war crimes, crimes against humanity, and with, and consider credible information from, (i) to ensure effective criminal investigations genocide in Syria beginning in March 2011; entities described in such subsection. of such individuals; and (iii) to document, collect, preserve, and protect SEC. 7. IDENTIFICATION OF AND ASSISTANCE TO (ii) to effectively collect and preserve evidence evidence of war crimes, crimes against human- ADDRESS HUMANITARIAN, STA- and preserve the chain of evidence, for prosecu- ity, and genocide in Syria, including support for BILIZATION, AND RECOVERY NEEDS tion; Syrian, foreign, and international nongovern- OF CERTAIN PERSONS IN IRAQ AND (3) recommendations for legislative remedies mental organizations, and other entities, includ- SYRIA. and administrative actions to facilitate the im- ing the International, Impartial and Inde- (a) IDENTIFICATION.—The Secretary of State, plementation of this Act. pendent Mechanism to Assist in the Investiga- (b) SUPPORT FOR THE INVESTIGATION AND in consultation with the Secretary of Defense, tion and Prosecution of Persons Responsible for PROSECUTION OF WAR CRIMES.—Not later than the Administrator of the United States Agency the Most Serious Crimes under International 120 days after the date of the enactment of this for International Development, and the Director Law Committed in the Syrian Arab Republic Act, the Secretary of State shall submit a report of National Intelligence, shall seek to identify— since March 2011 and the Independent Inter- (1) the threats of persecution and other early- to the appropriate congressional committees that national Commission of Inquiry on the Syrian warning indicators of genocide, crimes against includes— Arab Republic; and humanity, and war crimes against individuals— (1) a detailed description of the efforts taken, (A) who are or were nationals and residents of and efforts proposed to be taken, by the Sec- (iv) to assess the influence of accountability Iraq or Syria, are members of a religious or eth- retary of State to implement subsections (a) and measures on efforts to reach a negotiated settle- nic minority group in either such country, and (b) of section 5; and ment to the Syrian conflict during the reporting against whom ISIS has committed acts of geno- (2) an assessment of— period. (3) FORM.—The reports required under para- cide, crimes against humanity, or war crimes (A) the feasibility and advisability of pros- graph (1) may be submitted in unclassified or since January 2014, as determined by the Sec- ecuting suspected ISIS members for whom cred- classified form, but shall include a publicly retary of State; or ible evidence exists of having committed geno- (B) who are members of another religious or cide, crimes against humanity, or war crimes in available annex. (d) TRANSITIONAL JUSTICE STUDY.—Not later ethnic minority group in Iraq or Syria that the Iraq since January 2014, in domestic courts in than 180 days after the date of the enactment of Secretary of State has identified as a persecuted Iraq, hybrid tribunals, and internationalized this Act, the Secretary of State (acting through group; domestic courts; and (2) the religious and ethnic minority groups in (B) the capacity building, and other measures, appropriate officials and offices, which may in- Iraq or Syria identified pursuant to paragraph needed to ensure effective criminal investiga- clude the Office of Global Criminal Justice), (1) that are at risk of forced migration within or tions of such individuals. after consultation with the Department of Jus- across the borders of Iraq, Syria, or a country of (c) REPORT ON ACCOUNTABILITY FOR WAR tice, the United States Agency for International first asylum, and the primary reasons for such CRIMES, CRIMES AGAINST HUMANITY, AND GENO- Development, and other appropriate Federal risk; CIDE IN SYRIA.— agencies, shall— (3) the humanitarian, stabilization, and recov- (1) IN GENERAL.—Not later than 90 days after (1) complete a study of the feasibility and de- ery needs of individuals and groups described in the date of the enactment of this Act, the Sec- sirability of potential transitional justice mecha- paragraphs (1) and (2), including the assistance retary of State shall submit a report to the ap- nisms for Syria, including a hybrid tribunal, to provided by the United States and by the United propriate congressional committees on war address war crimes, crimes against humanity, crimes, crimes against humanity, and genocide Nations, respectively, to address the humani- and genocide perpetrated in Syria beginning in in Syria. The Secretary of State shall submit an- tarian, stabilization, and recovery needs, and March 2011; and other such report not later than 180 days after mitigate the risks of forced migration, of individ- (2) submit a detailed report of the results of the Secretary determines that the violence in uals and groups described in paragraphs (1) and the study conducted under paragraph (1), in- Syria has ceased. (2), and assistance provided through the Fund- cluding recommendations on which transitional (2) ELEMENTS.—The reports submitted under justice mechanisms the United States Govern- ing Facility for Immediate Stabilization and paragraph (1) shall include— Funding Facility for Expanded Stabilization; ment should support, why such mechanisms (A) a description of alleged war crimes, crimes should be supported, and what type of support and against humanity, and genocide perpetrated (4) to the extent practicable and appropriate, should be offered, to— during the civil war in Syria, including— (A) the Committee on Foreign Relations of the the entities, including faith-based entities, that (i) incidents that may constitute war crimes, are providing assistance to address the humani- Senate; crimes against humanity, or genocide committed (B) the Committee on Appropriations of the tarian, stabilization, and recovery needs of indi- by the regime of President Bashar al-Assad and viduals and groups described in paragraphs (1) Senate; all forces fighting on its behalf; (C) the Committee on Foreign Affairs of the and (2), and the extent to which the United (ii) incidents that may constitute war crimes, House of Representatives; and States is providing assistance to or through such crimes against humanity, or genocide committed (D) the Committee on Appropriations of the entities. by violent extremist groups, anti-government House of Representatives. (b) ADDITIONAL CONSULTATION.—In carrying forces, and any other combatants in the con- (e) FORM.— out subsection (a), the Secretary of State shall flict; (1) IN GENERAL.—Except as provided in sub- consult with, and consider credible information (iii) any incidents that may violate the prin- section (c)(3), each report required under this from— ciple of medical neutrality and, if possible, the section shall be submitted in unclassified form, (1) individuals and groups described in para- identification of the individual or individuals but may contain a classified annex, if nec- graphs (1) and (2) of such subsection; and who engaged in or organized such incidents; (2) entities described in paragraph (4) of such essary. and (2) PROTECTION OF WITNESSES AND EVI- subsection. (iv) if possible, a description of the conven- DENCE.—In carrying out this section, the Sec- (c) ASSISTANCE.—The Secretary of State and tional and unconventional weapons used for retary of State shall take due care to ensure the Administrator of the United States Agency such crimes and the origins of such weapons; that the identification of witnesses and physical for International Development are authorized to and provide assistance, including financial and (B) a description and assessment by the Office evidence are not publicly disclosed in a manner technical assistance as necessary and appro- of Global Criminal Justice of the Department of that might place such persons at risk of harm or priate, to support entities described in sub- State, the United States Agency for Inter- encourage the destruction of evidence by the section (a)(4) that the Secretary and the Admin- national Development, the Department of Jus- Government of Syria, violent extremist groups, istrator determine have access, and are capable tice, and other appropriate agencies of programs anti-government forces, or any other combat- of effectively managing and delivering such as- that the United States Government has under- ants or participants in the conflict. sistance, to the individuals and groups described taken to ensure accountability for war crimes, SEC. 9. TECHNICAL ASSISTANCE AUTHORIZED. in paragraphs (1) and (2) of such subsection. crimes against humanity, and genocide per- (a) IN GENERAL.—The Secretary of State (act- SEC. 8. REPORTS. petrated against the people of Syria by the re- ing through appropriate officials and offices, (a) IMPLEMENTATION REPORT.—Not later than gime of President Bashar al-Assad, violent ex- which may include the Office of Global Criminal 90 days after the date of the enactment of this tremist groups, and other combatants involved Justice), after consultation with the Department Act, the Secretary of State shall submit a report in the conflict, including programs— of Justice and other appropriate Federal agen- to the appropriate congressional committees that (i) to train investigators within and outside of cies, is authorized to provide appropriate assist- includes— Syria on documenting, investigating, developing ance to support entities that, with respect to (1) a detailed description of the efforts taken, findings of, and identifying and locating alleged war crimes, crimes against humanity, and geno- and efforts proposed to be taken, to implement perpetrators of war crimes, crimes against hu- cide perpetrated by the regime of President the provisions of this Act; manity, or genocide, including— Bashar al-Assad, all forces fighting on its be- (2) an assessment of— (I) the number of United States Government or half, and all non-state armed groups fighting in (A) the feasibility and advisability of pros- contract personnel currently designated to work the country, including violent extremist groups ecuting suspected ISIS members for whom cred- full-time on such issues; and in Syria beginning in March 2011—

VerDate Sep 11 2014 06:11 Oct 12, 2018 Jkt 089060 PO 00000 Frm 00102 Fmt 4637 Sfmt 6333 E:\CR\FM\A11OC6.093 S11OCPT1 dlhill on DSK3GLQ082PROD with SENATE October 11, 2018 CONGRESSIONAL RECORD — SENATE S6879 (1) identify suspected perpetrators of war ranking minority member of the Committee on in unclassified form, but may include a classi- crimes, crimes against humanity, and genocide; Armed Services of the House of Representatives, fied annex. (2) collect, document, and protect evidence of the ranking minority member of the Committee (g) FACILITATION.—The United States Insti- crimes and preserve the chain of custody for on Foreign Relations of the Senate, and the tute of Peace shall take appropriate actions to such evidence; ranking minority member of the Committee on facilitate the Group in the discharge of its du- (3) conduct criminal investigations; Foreign Affairs of the House of Representatives ties under this section. (4) build Syria’s investigative and judicial ca- shall jointly designate 1 member of the Group to (h) TERMINATION.—The Group shall terminate pacities and support prosecutions in the domes- serve as co-chair of the Group. on the date that is 6 months after the date on tic courts of Syria, provided that President (3) PERIOD OF APPOINTMENT; VACANCIES.— which the Group submits the report required Bashar al-Assad is no longer in power; Members shall be appointed for the life of the under subsection (f)(1). (5) support investigations by third-party Group. Any vacancy in the Group shall be filled SEC. 12. INDEPENDENT INTERNATIONAL COMMIS- states, as appropriate; or in the same manner as the original appointment. SION OF INQUIRY ON THE SYRIAN (6) protect witnesses that may be helpful to (d) DUTIES.— ARAB REPUBLIC. prosecutions or other transitional justice mecha- (1) REVIEW.—The Group shall review the cur- The Secretary of State, acting through the nisms. rent situation with respect to the United States United States Permanent Representative to the (b) ADDITIONAL ASSISTANCE.—The Secretary military and diplomatic strategy in Syria, in- United Nations, should use the voice, vote, and of State, after consultation with appropriate cluding a review of current United States objec- influence of the United States at the United Na- Federal agencies and the appropriate congres- tives in Syria and the desired end state in Syria. tions to advocate that the United Nations sional committees, and taking into account the (2) ASSESSMENT AND RECOMMENDATIONS.—The Human Rights Council, while the United States findings of the transitional justice study re- Group shall— remains a member, annually extend the mandate (A) conduct a comprehensive assessment of quired under section 7(d), is authorized to proof the Independent International Commission of the current situation in Syria, its impact on vide assistance to support the creation and oper- Inquiry in the Syrian Arab Republic until the neighboring countries, resulting regional and ation of transitional justice mechanisms, includ- Commission has completed its investigation of geopolitical threats to the United States, and ing a potential hybrid tribunal, to prosecute in- all alleged violations of international human current military, diplomatic, and political ef- dividuals suspected of committing war crimes, rights laws beginning in March 2011 in the Syr- forts to achieve a stable Syria; and crimes against humanity, or genocide in Syria ian Arab Republic. beginning in March 2011. (B) develop recommendations on a military SEC. 13. PROHIBITION ON ADDITIONAL FUNDING. (c) BRIEFING.—The Secretary of State shall and diplomatic strategy for the United States provide detailed, biannual briefings to the ap- with respect to the conflict in Syria. No additional funds are authorized to be appropriate congressional committees describing (e) COOPERATION FROM UNITED STATES GOV- propriated to carry out this Act. This Act shall the assistance provided to entities described in ERNMENT.— be carried out using amounts otherwise author- (1) IN GENERAL.—The Group shall receive the subsection (a). ized and appropriated. full and timely cooperation of the Secretary of Mr. MCCONNELL. I ask unanimous SEC. 10. DEPARTMENT OF STATE REWARDS FOR Defense, the Secretary of State, and the Director JUSTICE PROGRAM. consent that the committee-reported of National Intelligence in providing the Group Section 36(b)(10) of the State Department amendment be withdrawn; that the with analyses, briefings, and other information Basic Authorities Act of 1956 (22 U.S.C. 2708 Corker amendment at the desk be necessary for the discharge of the duties of the (b)(10)) is amended by inserting ‘‘(including war Group. agreed to; that the bill, as amended, be crimes, crimes against humanity, or genocide (2) LIAISON.—The Secretary of Defense, the considered read a third time and committed in Syria beginning in March 2011)’’ Secretary of State, and the Director of National passed; that the title amendment at after ‘‘genocide’’. Intelligence shall each designate at least 1 offi- the desk be agreed to; and that the mo- SEC. 11. SYRIA STUDY GROUP. cer or employee of their respective organizations tion to reconsider be considered made (a) ESTABLISHMENT.—There is hereby estab- to serve as a liaison officer to the Group. and laid upon the table. lished a working group to be known as the (f) REPORT.— ‘‘Syria Study Group’’ (in this section referred to (1) FINAL REPORT.—Not later than November The PRESIDING OFFICER. Without as the ‘‘Group’’). 30, 2018, the Group shall submit a report to the objection, it is so ordered. (b) PURPOSE.—The purpose of the Group is to President, the Secretary of Defense, the Com- The committee-reported amendment examine and make recommendations with re- mittee on Armed Services of the Senate, the was withdrawn. spect to the military and diplomatic strategy of Committee on Armed Services of the House of The amendment (No. 4055) in the na- the United States with respect to the conflict in Representatives, the Committee on Foreign Rela- ture of a substitute was agreed to. Syria. tions of the Senate, and the Committee on For- (The amendment is printed in today’s (c) COMPOSITION.— eign Affairs of the House of Representatives (1) MEMBERSHIP.—The Group shall be com- that describes the findings, conclusions, and RECORD under ‘‘Text of Amendments.’’) posed of 8 members, who shall be appointed as recommendations of the Group under this sec- The amendment was ordered to be follows: tion, including— engrossed and the bill to be read a (A) One member appointed by the chair of the (A) an assessment of the current security, po- third time. Committee on Armed Services of the Senate. litical, humanitarian, and economic situation in The bill was read the third time. (B) One member appointed by the ranking mi- Syria; The bill (H.R. 390), as amended, was nority member of the Committee on Armed Serv- (B) an assessment of the current participation passed. ices of the Senate. and objectives of various external actors in (C) One member appointed by the chair of the Syria; The amendment (No. 4056) was agreed Committee on Foreign Relations of the Senate. (C) an assessment of the consequences of con- to as follows: (D) One member appointed by the ranking mi- tinued conflict in Syria; (Purpose: To amend the title) nority member of the Committee on Foreign Re- (D) recommendations for a resolution of the Amend the title so as to read: ‘‘An Act to lations of the Senate. conflict in Syria, including options for a grad- provide relief for victims of genocide, crimes (E) One member appointed by the chair of the ual political transition to a post-Assad Syria against humanity, and war crimes who are Committee on Armed Services of the House of and actions necessary for reconciliation; members of religious and ethnic minority Representatives. (E) a roadmap for a United States and coali- groups in Iraq and Syria, for accountability (F) One member appointed by the ranking mi- tion strategy to reestablish security and govern- for perpetrators of these crimes, and for nority member of the Committee on Armed Serv- ance in Syria, including recommendations for other purposes.’’. ices of the House of Representatives. the synchronization of stabilization, develop- (G) One member appointed by the chair of the ment, counterterrorism, and reconstruction ef- f Committee on Foreign Affairs of the House of forts; and Representatives. (F) any other matters with respect to the con- RENAMING THE STOP TRADING ON (H) One member appointed by the ranking mi- flict in Syria that the Group considers appro- CONGRESSIONAL KNOWLEDGE nority member of the Committee on Foreign Af- priate. ACT OF 2012 IN HONOR OF REP- fairs of the House of Representatives. (2) INTERIM BRIEFING.—Not later than June RESENTATIVE LOUISE MCINTOSH (2) CO-CHAIRS.— 30, 2018, the Group shall provide a briefing to SLAUGHTER (A) The chair of the Committee on Armed the Committee on Armed Services of the Senate, Services of the Senate, the chair of the Com- the Committee on Armed Services of the House Mr. MCCONNELL. Mr. President, I mittee on Armed Services of the House of Rep- of Representatives, the Committee on Foreign ask unanimous consent that the Com- resentatives, the chair of the Committee on For- Relations of the Senate, and the Committee on mittee on Homeland Security and Gov- eign Relations of the Senate, and the chair of Foreign Affairs of the House of Representatives ernmental Affairs be discharged from the Committee on Foreign Affairs of the House on the status of its review and assessment under further consideration of H.R. 6870 and of Representatives shall jointly designate 1 mem- subsection (d) and a discussion of any interim the Senate proceed to its immediate ber of the Group to serve as co-chair of the recommendations developed by the Group as of Group. the date of the briefing. consideration. (B) The ranking minority member of the Com- (3) FORM OF REPORT.—The report submitted to The PRESIDING OFFICER. The mittee on Armed Services of the Senate, the Congress under paragraph (1) shall be submitted clerk will report the bill by title.

VerDate Sep 11 2014 06:11 Oct 12, 2018 Jkt 089060 PO 00000 Frm 00103 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.093 S11OCPT1 dlhill on DSK3GLQ082PROD with SENATE S6880 CONGRESSIONAL RECORD — SENATE October 11, 2018 The legislative clerk read as follows: ‘‘(i) developing strategies to improve health inserting ‘‘$4,455,000 for each of fiscal years 2019 A bill (H.R. 6870) to rename the Stop Trad- outcomes and access to quality health care for through 2023’’. ing on Congressional Knowledge Act of 2012 the screening for, and treatment and manage- (b) TECHNICAL CHANGES.—Subsection (c) of in honor of Representative Louise McIntosh ment of, such diseases and conditions, including section 712 of the American Jobs Creation Act of Slaughter. through public-private partnerships; 2004 (Public Law 108-357; 42 U.S.C. 300b-1 note), ‘‘(ii) providing support to community-based as amended by subsection (a), is— There being no objection, the com- organizations and State and local health de- (1) transferred to the Public Health Service mittee was discharged, and the Senate partments in conducting education and training Act (42 U.S.C. 201 et seq.); proceeded to consider the bill. activities for patients, communities, and health (2) redesignated as subsection (b); and Mr. MCCONNELL. I ask unanimous care providers concerning such diseases and (3) inserted at the end of section 1106 of such consent that the bill be considered read conditions; Act, as added by section 2 of this Act. a third time and passed and the motion ‘‘(iii) supporting State health departments SEC. 4. SENSE OF THE SENATE. and regional laboratories, including through It is the Sense of the Senate that further re- to reconsider be considered made and training, in testing to identify such diseases and laid upon the table. search should be undertaken to expand the un- conditions, including specific forms of sickle cell derstanding of the causes of, and to find cures The PRESIDING OFFICER. Without disease, in individuals of all ages; and objection, it is so ordered. for, heritable blood disorders, including sickle ‘‘(iv) the identification and evaluation of best cell disease. The bill (H.R. 6870) was ordered to a practices for treatment of such diseases and conditions, and prevention and management of Mr. MCCONNELL. I ask unanimous third reading, was read the third time, consent that the committee-reported and passed. their related complications. ‘‘(2) POPULATION INCLUDED.—The Secretary substitute be agreed to and that the f shall, to the extent practicable, award grants bill, as amended, be considered read a SICKLE CELL DISEASE RESEARCH, under this subsection to eligible entities across third time. SURVEILLANCE, PREVENTION, the United States to improve data on the inci- The PRESIDING OFFICER. Without AND TREATMENT ACT OF 2018 dence and prevalence of heritable blood dis- objection, it is so ordered. orders, including sickle cell disease, and the geo- The committee-reported amendment Mr. MCCONNELL. Mr. President, I graphic distribution of such diseases and condi- ask unanimous consent that the Sen- tions. in the nature of a substitute was ate proceed to the immediate consider- ‘‘(3) APPLICATION.—To seek a grant under this agreed to. ation of Calendar No. 553, S. 2465. subsection, an eligible entity shall submit an ap- The bill was ordered to be engrossed The PRESIDING OFFICER. The plication to the Secretary at such time, in such for a third reading and was read the manner, and containing such information as the third time. clerk will report the bill by title. Secretary may require. The legislative clerk read as follows: Mr. MCCONNELL. I know of no fur- ‘‘(4) PRIORITY.—In awarding grants under ther debate on the bill, as amended. A bill (S. 2465) to amend the Public Health this subsection, the Secretary may give priority, Service Act to reauthorize a sickle cell dis- as appropriate, to eligible entities that have a The PRESIDING OFFICER. Is there ease prevention and treatment demonstra- relationship with a community-based organiza- further debate? tion program and to provide for sickle cell tion that has experience in, or is capable of, If not, the bill having been read the disease research, surveillance, prevention, providing services to individuals with heritable third time, the question is, Shall the and treatment. blood disorders, including sickle cell disease. bill pass? The PRESIDING OFFICER. Is there ‘‘(5) ELIGIBLE ENTITY.—In this subsection, the The bill (S. 2465), as amended, was term ‘eligible entity’ includes the 50 States, the passed. objection to proceeding to the meas- District of Columbia, the Commonwealth of Mr. MCCONNELL. I ask unanimous ure? Puerto Rico, the United States Virgin Islands, Without objection, the Senate pro- the Commonwealth of the Northern Mariana Is- consent that the motion to reconsider ceeded to consider the bill, which had lands, American Samoa, Guam, the Federated be considered made and laid upon the been reported from the Committee on States of Micronesia, the Republic of Marshall table. Health, Education, Labor, and Pen- Islands, the Republic of Palau, Indian tribes, a The PRESIDING OFFICER. Without sions, with an amendment to strike all State or local health department, an institution objection, it is so ordered. of higher education, or a nonprofit entity with after the enacting clause and insert in f lieu thereof the following: appropriate experience to conduct the activities under this subsection.’’. SECTION 1. SHORT TITLE. HIZBALLAH INTERNATIONAL FI- SEC. 3. SICKLE CELL DISEASE PREVENTION AND NANCING PREVENTION AMEND- This Act may be cited as the ‘‘Sickle Cell Dis- TREATMENT. MENTS ACT OF 2017 ease and Other Heritable Blood Disorders Re- (a) REAUTHORIZATION.—Section 712(c) of the search, Surveillance, Prevention, and Treatment American Jobs Creation Act of 2004 (Public Law Mr. MCCONNELL. Mr. President, I Act of 2018’’. 108–357; 42 U.S.C. 300b–1 note) is amended— ask the Chair to lay before the Senate SEC. 2. DATA COLLECTION ON CERTAIN BLOOD (1) by striking ‘‘Sickle Cell Disease’’ each the House amendment to accompany S. DISORDERS. place it appears and inserting ‘‘sickle cell dis- 1595. Part A of title XI of the Public Health Service ease’’; Act is amended by inserting after section 1105 (2) in paragraph (1)(A), by striking ‘‘shall The PRESIDING OFFICER. The (42 U.S.C. 300b-4) the following: conduct a demonstration program by making Chair lays before the Senate the fol- ‘‘SEC. 1106. SICKLE CELL DISEASE AND OTHER grants to up to 40 eligible entities for each fiscal lowing message from the House. HERITABLE BLOOD DISORDERS RE- year in which the program is conducted under The legislative clerk read as follows: SEARCH, SURVEILLANCE, PREVEN- this section for the purpose of developing and TION, AND TREATMENT. Resolved, that the bill from the Senate (S. establishing systemic mechanisms to improve the 1595) entitled ‘‘An Act to amend the ‘‘(a) GRANTS.— prevention and treatment of Sickle Cell Disease’’ Hizballah International Financing Preven- ‘‘(1) IN GENERAL.—The Secretary may award and inserting ‘‘shall continue efforts, including tion Act of 2015 to impose additional sanc- grants related to heritable blood disorders, in- by awarding grants, to develop or establish tions with respect to Hizballah, and for other cluding sickle cell disease, for one or more of the mechanisms to improve the treatment of sickle purposes’’, do pass with an amendment. following purposes: cell disease, and to improve the prevention and ‘‘(A) To collect and maintain data on such treatment of complications of sickle cell disease, Mr. MCCONNELL. I move to concur diseases and conditions, including subtypes as in populations with a high proportion of indi- in the House amendment, and I ask applicable, and their associated health outcomes viduals with sickle cell disease’’; unanimous consent that the motion be and complications, including for the purpose (3) in paragraph (1)(B)— agreed to, and that the motion to re- of— (A) by striking clause (ii) (relating to pri- consider be considered made and laid ‘‘(i) improving national incidence and preva- ority); and upon the table. lence data; (B) by striking ‘‘GRANT AWARD REQUIRE- The PRESIDING OFFICER. Is there ‘‘(ii) identifying health disparities, including MENTS’’ and all that follows through ‘‘The Ad- the geographic distribution, related to such dis- ministrator shall’’ and inserting ‘‘GEOGRAPHIC objection? eases and conditions; DIVERSITY.—The Administrator shall’’; Without objection, it is so ordered. ‘‘(iii) assessing the utilization of therapies and (4) in paragraph (2), by adding the following f strategies to prevent complications; and new subparagraph at the end: ‘‘(iv) evaluating the effects of genetic, envi- ‘‘(E) To provide or coordinate services for ado- ACTION FOR DENTAL HEALTH ACT ronmental, behavioral, and other risk factors lescents with sickle cell disease making the tran- OF 2017 that may affect such individuals. sition to adult health care.’’; and ‘‘(B) To conduct public health activities with (5) in paragraph (6), by striking ‘‘$10,000,000 Mr. MCCONNELL. Mr. President, I respect to such conditions, which may include— for each of fiscal years 2005 through 2009’’ and ask unanimous consent that the

VerDate Sep 11 2014 06:11 Oct 12, 2018 Jkt 089060 PO 00000 Frm 00104 Fmt 4637 Sfmt 0634 E:\CR\FM\G11OC6.064 S11OCPT1 dlhill on DSK3GLQ082PROD with SENATE October 11, 2018 CONGRESSIONAL RECORD — SENATE S6881 Health, Education, Labor, and Pen- (b) TECHNICAL AMENDMENT.—Section The PRESIDING OFFICER. Is there sions Committee be discharged and the 399LL-1(d) of the Public Health Service Act objection? Senate proceed to the immediate con- (42 U.S.C. 280k-1(d)) is amended— Without objection, it is so ordered. sideration of H.R. 2422. (1) by striking ‘‘shall’’ and inserting The resolutions were agreed to. ‘‘shall, as practicable and appropriate,’’ be- The PRESIDING OFFICER. The fore ‘‘utilize’’; and The preambles were agreed to. clerk will report the bill by title. (2) by striking ‘‘public education cam- (The resolutions, with their pre- The legislative clerk read as follows: paign’’ and inserting ‘‘oral health education ambles, are printed in today’s RECORD A bill (H.R. 2422) to amend the Public campaign and action for dental health pro- under ‘‘Submitted Resolutions.’’) Health Service Act to improve essential oral gram’’. f health care for low-income and other under- (c) REPORT TO CONGRESS.—Not later than 3 served individuals by breaking down barriers years after the date of enactment of this SANCTIONING HIZBALLAH’S IL- to care, and for other purposes. Act, the Secretary of Health and Human LICIT USE OF CIVILIANS AS DE- There being no objection, the com- Services shall submit to the Committee on FENSELESS SHIELDS ACT mittee was discharged, and the Senate Health, Education, Labor, and Pensions of the Senate and the Committee on Energy Mr. MCCONNELL. Mr. President, I proceeded to consider the bill. and Commerce of the House of Representa- ask unanimous consent that the Com- Mr. MCCONNELL. I ask unanimous tives, a report on the outcomes and effective- mittee on Foreign Relations be dis- consent that the Alexander substitute ness of programs and activities conducted charged from further consideration of amendment be agreed to and that the under sections 399LL and 399LL-1 of the Pub- H.R. 3342 and the Senate proceed to its bill, as amended, be considered read a lic Health Service Act (42 U.S.C. 280k and immediate consideration. third time. 280k-1). The PRESIDING OFFICER. The The PRESIDING OFFICER. Is there SEC. 3. GRANTS FOR INNOVATIVE PROGRAMS. clerk will report the bill by title. objection? Section 340G of the Public Health Service The legislative clerk read as follows: Without objection, it is so ordered. Act (42 U.S.C. 256g) is amended— The amendment (No. 4057) was agreed (1) in subsection (b)(5)— A bill (H.R. 3342) to impose sanctions on to, as follows: (A) in subparagraph (B), by striking ‘‘and’’ foreign persons that are responsible for gross at the end; and violations of internationally recognized (Purpose: In the nature of a substitute) (B) by adding at the end the following: human rights by reason of the use by Strike all after the enacting clause and in- ‘‘(D) the establishment or development of Hizballah of civilians as human shields, and sert the following: models for the provision of dental services to for other purposes. SECTION 1. SHORT TITLE. children and adults, such as dental homes, There being no objection, the Com- This Act may be cited as the Action for including for the elderly, blind, individuals mittee on Foreign Relations was dis- Dental Health Act of 2018. with disabilities, and individuals living in charged and the Senate proceeded to SEC. 2. ORAL HEALTH EDUCATION. long-term care facilities; and consider the bill. (a) IN GENERAL.—Section 399LL of the Pub- ‘‘(E) the establishment of initiatives to re- lic Health Service Act (42 U.S.C. 280k) is duce the use of emergency departments by Mr. MCCONNELL. I ask unanimous amended— individuals who seek dental services more consent that the Corker amendment at (1) in subsection (a)— appropriately delivered in a dental primary the desk be agreed to; the bill, as (A) in the subsection heading, by inserting care setting;’’; and amended, be considered read a third ‘‘OF ORAL HEALTH EDUCATION CAMPAIGN’’ (2) in subsection (f), by striking ‘‘$25,000,000 time and passed; the title amendment after ‘‘ESTABLISHMENT’’; and for the 5-fiscal year period beginning with at the desk be agreed to; and the mo- (B) by striking ‘‘focused on oral healthcare fiscal year 2008’’ and inserting ‘‘$13,903,000 for tion to reconsider be considered made prevention and education’’ and inserting ‘‘fo- each of fiscal years 2019 through 2023’’. and laid upon the table. cused on oral health education’’; The amendment was ordered to be (2) in subsection (b), in the matter pre- engrossed and the bill to be read a The PRESIDING OFFICER. Without ceding paragraph (1), by striking ‘‘cam- third time. objection, it is so ordered. paign’’ and inserting ‘‘campaign under sub- The bill was read the third time. The amendment (No. 4058), in the na- section (a)’’; and ture of a substitute, was agreed to. Mr. MCCONNELL. I know of no fur- (3) by striking subsection (c) and inserting (The amendment is printed in today’s the following: ther debate on the bill, as amended. The PRESIDING OFFICER. Is there RECORD under ‘‘Text of Amendments.’’) ‘‘(c) ACTION FOR DENTAL HEALTH PRO- The amendment was ordered to be GRAM.— further debate? engrossed and the bill to be read a ‘‘(1) IN GENERAL.—The Secretary, in con- Hearing none, the bill having been sultation with the Director of the Centers read the third time, the question is, third time. for Disease Control and Prevention and the Shall the bill pass? The bill was read the third time. Administrator of the Health Resources and The bill (H.R. 2422), as amended, was The bill (H.R. 3342), as amended was Services Administration, may award grants, passed. passed. contracts, or cooperative agreements to eli- The amendment (No. 4059) was agreed Mr. MCCONNELL. I ask unanimous gible entities to collaborate with State or to, as follows: local public health officials, tribal health of- consent that the motion to reconsider ficials, oral health professional organiza- be considered made and laid upon the (Purpose: To amend the title.) tions, and others, as appropriate, to develop table. Amend the title so as to read: ‘‘An Act to and implement initiatives to improve oral The PRESIDING OFFICER. Without impose sanctions with respect to foreign per- health, including activities to prevent dental objection, it is so ordered. sons that are responsible for using civilians disease and reduce barriers to the provision as human shields, and for other purposes.’’. f of dental services, including— f ‘‘(A) through community-wide dental disease prevention programs; and RESOLUTIONS SUBMITTED TODAY RBIC ADVISERS RELIEF ACT OF ‘‘(B) by increasing public awareness and Mr. MCCONNELL. Mr. President, I 2018 education related to oral health and dental ask unanimous consent that the Sen- disease prevention. Mr. MCCONNELL. Mr. President, I ate now proceed to the en bloc consid- ask unanimous consent that the Com- ‘‘(2) ELIGIBLE ENTITIES.—To be eligible to eration of the following Senate resolu- receive a grant, contract, or cooperative mittee on Banking, Housing, and agreement under this subsection, an entity tions, which were submitted earlier Urban Affairs be discharged from fur- shall be— today: S. Res. 680, S. Res. 681, S. Res. ther consideration of S. 2765 and the ‘‘(A) a dental association; 682, and S. Res. 683. Senate proceed to its immediate con- ‘‘(B) a State or tribal health department or There being no objection, the Senate sideration. State or tribal oral health program; proceeded to consider the resolutions The PRESIDING OFFICER. The ‘‘(C) an accredited dental education, dental en bloc. hygiene, or postdoctoral dental education clerk will report the bill by title. Mr. MCCONNELL. I ask unanimous The legislative clerk read as follows: program; or consent the resolutions be agreed to; ‘‘(D) a non-profit community-based organi- A bill (S. 2765) to amend the Investment zation that partners with public and private that the preambles be agreed to; and Advisers Act of 1940 to exempt investment non-profit entities, such as an academic in- that the motions to reconsider be con- advisers who solely advise certain rural busi- stitution, to facilitate the provision of den- sidered made and laid upon the table, ness investment companies, and for other tal services to underserved populations.’’; all en bloc. purposes.

VerDate Sep 11 2014 06:11 Oct 12, 2018 Jkt 089060 PO 00000 Frm 00105 Fmt 4637 Sfmt 0634 E:\CR\FM\G11OC6.066 S11OCPT1 dlhill on DSK3GLQ082PROD with SENATE S6882 CONGRESSIONAL RECORD — SENATE October 11, 2018 There being no objection, the com- such section, or is a supervised person of Senate completes its business today, it mittee was discharged and the Senate such person.’’. adjourn to then convene for pro forma proceeded to consider the bill. f sessions only, with no business being Mr. MCCONNELL. I ask unanimous 9/11 HEROES MEDAL OF VALOR conducted, on the following dates and consent that the bill be considered read ACT OF 2017 times and that following each pro a third time and passed and the motion forma session, the Senate adjourn until to reconsider be considered made and Mr. MCCONNELL. Mr. President, I the next pro forma session: Friday, Oc- laid upon the table. ask unanimous consent that the Com- tober 12, at 12 noon; Tuesday, October The PRESIDING OFFICER. Without mittee on Banking, Housing, and 16, at 12 noon; Friday, October 19, at 10 objection, it is so ordered. Urban Affairs be discharged from fur- a.m.; Tuesday, October 23, at 4:30 p.m.; The bill (S. 2765) was ordered to be ther consideration of H.R. 3834 and the Friday, October 26, at 5 p.m.; Tuesday, engrossed for a third reading, was read Senate proceed to its immediate con- October 30, at 1 p.m.; Friday, November the third time, and passed, as follows: sideration. 2, at 2:45 p.m.; Tuesday, November 6, at S. 2765 The PRESIDING OFFICER. The 4 p.m.; Friday, November 9, at 9 a.m. I clerk will report the bill by title. Be it enacted by the Senate and House of Rep- further ask that when the Senate ad- The legislative clerk read as follows: resentatives of the United States of America in journs on Friday, November 9, it next Congress assembled, A bill (H.R. 3834) to provide that members convene at 3 p.m. on Tuesday, Novem- SECTION 1. SHORT TITLE. of public safety agencies who died of 9/11-related health conditions are eligible for the ber 13; and that following the prayer This Act may be cited as the ‘‘RBIC Advis- and pledge, the morning hour be ers Relief Act of 2018’’. Presidential 9/11 Heroes Medal of Valor, and for other purposes. deemed expired, the Journal of pro- SEC. 2. ADVISERS OF RBICS. ceedings be approved to date, the time Section 203 of the Investment Advisers Act There being no objection, the com- of 1940 (15 U.S.C. 80b–3(b)) is amended— mittee was discharged and the Senate for the two leaders be reserved for their (1) in subsection (b)— proceeded to consider the bill. use later in the day, and morning busi- (A) in paragraph (6)(B)— Mr. MCCONNELL. I further ask ness be closed; finally, that following (i) by adjusting the margins accordingly; unanimous consent that the bill be leader remarks, the Senate resume and considered read a third time and passed consideration of the House message to (ii) by striking the period at the end and accompany S. 140 under the previous inserting a semicolon; and the motion to reconsider be considered made and laid upon the table with order. (B) in paragraph (7)(C), by striking the pe- The PRESIDING OFFICER. Without riod at the end and inserting ‘‘; or’’; and no intervening action or debate. (C) by adding at the end the following: The PRESIDING OFFICER. Without objection, it is so ordered. ‘‘(8) any investment adviser, other than an objection, it is so ordered. f entity that has elected to be regulated or is The bill (H.R. 3834) was ordered to a ADJOURNMENT UNTIL TOMORROW regulated as a business development com- third reading, was read the third time, pany pursuant to section 54 of the Invest- and passed. Mr. MCCONNELL. Mr. President, if ment Company Act of 1940 (15 U.S.C. 80a–53), there is no further business to come be- f who solely advises— fore the Senate, I ask that it stand ad- ‘‘(A) rural business investment companies RELATIVE TO THE DEATH OF THE journed under the provisions of S. Res. (as defined in section 384A of the Consoli- HONORABLE JOSEPH D. ‘‘JOE’’ 684 and do so as a further mark of re- dated Farm and Rural Development Act (7 TYDINGS, FORMER UNITED U.S.C. 2009cc)); or spect for the late Joseph D. ‘‘Joe’’ ‘‘(B) companies that have submitted to the STATES SENATOR FOR THE Tydings, former Senator for the State Secretary of Agriculture an application in STATE OF MARYLAND of Maryland. accordance with section 384D(b) of the Con- Mr. MCCONNELL. Mr. President, I There being no objection, the Senate, solidated Farm and Rural Development Act ask unanimous consent that the Sen- at 9:39 p.m., adjourned until Friday, (7 U.S.C. 2009cc–3(b)) that— ate proceed to the immediate consider- October 12, 2018, at 12 noon. ‘‘(i) have received from the Secretary of Agriculture a letter of conditions, which has ation of S. Res. 684, submitted earlier f today. not been revoked; or NOMINATIONS ‘‘(ii) are affiliated with 1 or more rural The PRESIDING OFFICER. The business investment companies described in clerk will report the resolution by Executive nomination received by subparagraph (A).’’; title. the Senate: (2) in subsection (l), by adding at the end The legislative clerk read as follows: DEPARTMENT OF JUSTICE the following: A resolution (S. Res. 684) relative to the DOUGLAS J. STRIKE, OF IOWA, TO BE UNITED STATES ‘‘(3) ADVISERS OF RBICS.—For purposes of death of the Honorable Joseph D. ‘‘Joe’’ MARSHAL FOR THE NORTHERN DISTRICT OF IOWA FOR this subsection, a venture capital fund in- THE TERM OF FOUR YEARS, VICE KENNETH JAMES Tydings, former United States Senator for RUNDE, TERM EXPIRED. cludes an entity described in subparagraph the State of Maryland. (A) or (B) of subsection (b)(8) (other than an f There being no objection, the Senate entity that has elected to be regulated as a CONFIRMATIONS business development company pursuant to proceeded to consider the resolution. section 54 of the Investment Company Act of Mr. MCCONNELL. I further ask Executive nominations confirmed by 1940 (15 U.S.C. 80a–53)).’’; and unanimous consent that the resolution the Senate October 11, 2018: (3) in subsection (m), by adding at the end be agreed to, the preamble be agreed THE JUDICIARY the following: to, and the motions to reconsider be ‘‘(4) ADVISERS OF RBICS.—For purposes of WILLIAM M. RAY II, OF GEORGIA, TO BE UNITED considered made and laid upon the STATES DISTRICT JUDGE FOR THE NORTHERN DISTRICT this subsection, the assets under manage- table with no intervening action or de- OF GEORGIA. ment of a private fund that is an entity de- LILES CLIFTON BURKE, OF ALABAMA, TO BE UNITED scribed in subparagraph (A) or (B) of sub- bate. STATES DISTRICT JUDGE FOR THE NORTHERN DISTRICT The PRESIDING OFFICER. Without OF ALABAMA. section (b)(8) (other than an entity that has MICHAEL JOSEPH JUNEAU, OF LOUISIANA, TO BE elected to be regulated or is regulated as a objection, it is so ordered. UNITED STATES DISTRICT JUDGE FOR THE WESTERN business development company pursuant to The resolution (S. Res. 684) was DISTRICT OF LOUISIANA. MARK SAALFIELD NORRIS, SR., OF TENNESSEE, TO BE section 54 of the Investment Company Act of agreed to. UNITED STATES DISTRICT JUDGE FOR THE WESTERN 1940 (15 U.S.C. 80a–53)) shall be excluded from The preamble was agreed to. DISTRICT OF TENNESSEE. the limit set forth in paragraph (1).’’. ELI JEREMY RICHARDSON, OF TENNESSEE, TO BE (The resolution, with its preamble, is UNITED STATES DISTRICT JUDGE FOR THE MIDDLE DIS- SEC. 3. RELATIONSHIP TO STATE LAW. printed in today’s RECORD under ‘‘Sub- TRICT OF TENNESSEE. Section 203A(b)(1) of the Investment Advis- mitted Resolutions.’’) DEPARTMENT OF JUSTICE ers Act of 1940 (15 U.S.C. 80b–3a(b)(1)) is f JEFFREY BOSSERT CLARK, OF VIRGINIA, TO BE AN AS- amended— SISTANT ATTORNEY GENERAL. (1) in subparagraph (C), by striking the pe- ORDERS FOR FRIDAY, OCTOBER 12, ERIC S. DREIBAND, OF MARYLAND, TO BE AN ASSIST- riod at the end and inserting ‘‘; or’’; and THROUGH TUESDAY, NOVEMBER ANT ATTORNEY GENERAL. (2) by adding at the end the following: 13, 2018 PRIVACY AND CIVIL LIBERTIES OVERSIGHT ‘‘(D) that is not registered under section BOARD Mr. MCCONNELL. Mr. President, I 203 because that person is exempt from reg- ADAM I. KLEIN, OF THE DISTRICT OF COLUMBIA, TO BE istration as provided in subsection (b)(8) of ask unanimous consent that when the CHAIRMAN AND MEMBER OF THE PRIVACY AND CIVIL

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LIBERTIES OVERSIGHT BOARD FOR A TERM EXPIRING RICHARD J. SULLIVAN, OF NEW YORK, TO BE UNITED IN THE AIR FORCE JANUARY 29, 2024. STATES CIRCUIT JUDGE FOR THE SECOND CIRCUIT. DEPARTMENT OF JUSTICE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DEPARTMENT OF DEFENSE IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- JAMES N. STEWART, OF NORTH CAROLINA, TO BE AN JASON R. DUNN, OF COLORADO, TO BE UNITED STATES CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE ASSISTANT SECRETARY OF DEFENSE. ATTORNEY FOR THE DISTRICT OF COLORADO FOR THE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION TERM OF FOUR YEARS. 601: THE JUDICIARY DALLAS L. CARLSON, OF NORTH DAKOTA, TO BE UNITED STATES MARSHAL FOR THE DISTRICT OF NORTH To be lieutenant general THOMAS S. KLEEH, OF WEST VIRGINIA, TO BE UNITED DAKOTA FOR THE TERM OF FOUR YEARS. STATES DISTRICT JUDGE FOR THE NORTHERN DISTRICT LT. GEN. JERRY D. HARRIS, JR. OF WEST VIRGINIA. DEPARTMENT OF STATE PETER J. PHIPPS, OF PENNSYLVANIA, TO BE UNITED IN THE NAVY STATES DISTRICT JUDGE FOR THE WESTERN DISTRICT KAREN L. WILLIAMS, OF MISSOURI, A CAREER MEMBER OF PENNSYLVANIA. OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT SUSAN BRNOVICH, OF ARIZONA, TO BE UNITED STATES COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND IN THE UNITED STATES NAVY TO THE GRADE INDICATED DISTRICT JUDGE FOR THE DISTRICT OF ARIZONA. PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND CHAD F. KENNEY, OF PENNSYLVANIA, TO BE UNITED TO THE REPUBLIC OF SURINAME. RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: STATES DISTRICT JUDGE FOR THE EASTERN DISTRICT KEVIN K. SULLIVAN, OF OHIO, A CAREER MEMBER OF OF PENNSYLVANIA. THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- To be vice admiral JEREMY D. KERNODLE, OF TEXAS, TO BE UNITED COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND VICE ADM. ANDREW L. LEWIS STATES DISTRICT JUDGE FOR THE EASTERN DISTRICT PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA OF TEXAS. TO THE REPUBLIC OF NICARAGUA. DONALD Y. YAMAMOTO, OF WASHINGTON, A CAREER IN THE AIR FORCE PRIVACY AND CIVIL LIBERTIES OVERSIGHT MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF AIR FORCE NOMINATIONS BEGINNING WITH BRUCE A. CAREER MINISTER, TO BE AMBASSADOR EXTRAOR- BOARD ABBOTT AND ENDING WITH SHIRLEY B. ZISER, WHICH DINARY AND PLENIPOTENTIARY OF THE UNITED STATES NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- EDWARD W. FELTEN, OF NEW JERSEY, TO BE A MEM- OF AMERICA TO THE FEDERAL REPUBLIC OF SOMALIA. PEARED IN THE CONGRESSIONAL RECORD ON JUNE 18, BER OF THE PRIVACY AND CIVIL LIBERTIES OVERSIGHT EARL ROBERT MILLER, OF MICHIGAN, A CAREER MEM- 2018. BOARD FOR THE REMAINDER OF THE TERM EXPIRING BER OF THE SENIOR FOREIGN SERVICE, CLASS OF COUN- AIR FORCE NOMINATIONS BEGINNING WITH PATRICK C. JANUARY 29, 2019. SELOR, TO BE AMBASSADOR EXTRAORDINARY AND DEGRAAF AND ENDING WITH CHRISTOPHER L. PRIDGEN, JANE NITZE, OF THE DISTRICT OF COLUMBIA, TO BE A PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA WHICH NOMINATIONS WERE RECEIVED BY THE SENATE MEMBER OF THE PRIVACY AND CIVIL LIBERTIES OVER- TO THE PEOPLE’S REPUBLIC OF BANGLADESH. AND APPEARED IN THE CONGRESSIONAL RECORD ON SIGHT BOARD FOR A TERM EXPIRING JANUARY 29, 2023. NORTHERN BORDER REGIONAL COMMISSION SEPTEMBER 24, 2018. THE JUDICIARY HAROLD B. PARKER, OF NEW HAMPSHIRE, TO BE FED- IN THE ARMY JAMES PATRICK HANLON, OF INDIANA, TO BE UNITED ERAL COCHAIRPERSON OF THE NORTHERN BORDER RE- STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT GIONAL COMMISSION. ARMY NOMINATIONS BEGINNING WITH GARY W. BROCK, JR. AND ENDING WITH JOHN M. WILSON, WHICH NOMINA- OF INDIANA. DEPARTMENT OF DEFENSE LANCE E. WALKER, OF MAINE, TO BE UNITED STATES TIONS WERE RECEIVED BY THE SENATE AND APPEARED DISTRICT JUDGE FOR THE DISTRICT OF MAINE. ROBERT H. MCMAHON, OF GEORGIA, TO BE AN ASSIST- IN THE CONGRESSIONAL RECORD ON JUNE 20, 2018. DAVID JAMES PORTER, OF PENNSYLVANIA, TO BE ANT SECRETARY OF DEFENSE. ARMY NOMINATION OF JOHN J. KAIKKONEN, TO BE UNITED STATES CIRCUIT JUDGE FOR THE THIRD CIR- LIEUTENANT COLONEL. CUIT. FEDERAL EMERGENCY MANAGEMENT AGENCY ARMY NOMINATION OF MARC A. PATTERSON, TO BE COLONEL. PETER GAYNOR, OF RHODE ISLAND, TO BE DEPUTY AD- DEPARTMENT OF STATE ARMY NOMINATION OF JAMES B. ELLEDGE, TO BE MINISTRATOR, FEDERAL EMERGENCY MANAGEMENT COLONEL. KIMBERLY BREIER, OF VIRGINIA, TO BE AN ASSISTANT AGENCY, DEPARTMENT OF HOMELAND SECURITY. SECRETARY OF STATE (WESTERN HEMISPHERE AF- ARMY NOMINATIONS BEGINNING WITH MICAH B. BELL FAIRS). IN THE ARMY AND ENDING WITH TANYA R. TROUT, WHICH NOMINA- DENISE NATALI, OF NEW JERSEY, TO BE AN ASSISTANT TIONS WERE RECEIVED BY THE SENATE AND APPEARED THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE CONGRESSIONAL RECORD ON SEPTEMBER 28, 2018. SECRETARY OF STATE (CONFLICT AND STABILIZATION IN THE UNITED STATES ARMY TO THE GRADE INDICATED OPERATIONS). WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND IN THE NAVY JOHN COTTON RICHMOND, OF VIRGINIA, TO BE DIREC- RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: TOR OF THE OFFICE TO MONITOR AND COMBAT TRAF- NAVY NOMINATIONS BEGINNING WITH CAPT. MARCUS FICKING, WITH THE RANK OF AMBASSADOR AT LARGE. To be general N. FULTON AND ENDING WITH CAPT. FRANK D. NATIONAL AERONAUTICS AND SPACE GEN. ROBERT B. ABRAMS HUTCHISON, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND APPEARED IN THE CONGRESSIONAL ADMINISTRATION IN THE NAVY RECORD ON SEPTEMBER 11, 2018. NAVY NOMINATION OF TILFORD L. CLARK, TO BE COM- JAMES MORHARD, OF VIRGINIA, TO BE DEPUTY ADMIN- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MANDER. ISTRATOR OF THE NATIONAL AERONAUTICS AND SPACE IN THE UNITED STATES NAVY TO THE GRADE INDICATED ADMINISTRATION. WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND DEPARTMENT OF STATE RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: THE JUDICIARY To be admiral MARY ELIZABETH TAYLOR, OF THE DISTRICT OF CO- RYAN DOUGLAS NELSON, OF IDAHO, TO BE UNITED LUMBIA, TO BE AN ASSISTANT SECRETARY OF STATE STATES CIRCUIT JUDGE FOR THE NINTH CIRCUIT. VICE ADM. CRAIG S. FALLER (LEGISLATIVE AFFAIRS).

VerDate Sep 11 2014 06:11 Oct 12, 2018 Jkt 089060 PO 00000 Frm 00107 Fmt 4637 Sfmt 9801 E:\CR\FM\A11OC6.012 S11OCPT1 dlhill on DSK3GLQ082PROD with SENATE Thursday, October 11, 2018 Daily Digest Senate Gulf Islands National Seashore Land Exchange Chamber Action Act: Senate passed H.R. 2615, to authorize the ex- Routine Proceedings, pages S6777–S6883 change of certain land located in Gulf Islands Na- Measures Introduced: Thirty-eight bills and twelve tional Seashore, Jackson County, Mississippi, be- resolutions were introduced, as follows: S. tween the National Park Service and the Veterans of 3572–3609, and S. Res. 673–684. Pages S6815–16 Foreign Wars, after agreeing to the committee amendment in the nature of a substitute. Measures Reported: H.R. 2196, to amend title 5, United States Code, Pages S6875–76 to allow whistleblowers to disclose information to SUCCESS Act: Senate passed H.R. 6758, to di- certain recipients. (S. Rept. No. 115–346) rect the Under Secretary of Commerce for Intellec- S. 2679, to provide access to and manage the dis- tual Property and Director of the United States Pat- tribution of excess or surplus property to veteran- ent and Trademark Office, in consultation with the owned small businesses, with an amendment in the Administrator of the Small Business Administration, nature of a substitute. to study and provide recommendations to promote S. 3552, to amend the Small Business Act to ad- the participation of women, minorities, and veterans just the real estate appraisal thresholds under the in entrepreneurship activities and the patent system, 7(a) program of the Small Business Administration to extend by 8 years the Patent and Trademark Of- to bring those thresholds into line with the thresh- fice’s authority to set the amounts for the fees it olds used by the Federal banking regulators. charges. Page S6876 S. 3553, to amend the Small Business Act to ad- Iraq and Syria Genocide Emergency Relief and just the real estate appraisal thresholds under the Accountability Act: Senate passed H.R. 390, to pro- section 504 program of the Small Business Adminis- vide relief for victims of genocide, crimes against hu- tration to bring those thresholds into line with the manity, and war crimes who are members of reli- thresholds used by the Federal banking regulators. gious and ethnic minority groups in Iraq and Syria, S. 3554, to extend the effective date for the sunset for accountability for perpetrators of these crimes, for collateral requirements for Small Business Ad- after agreeing to the committee amendment in the ministration disaster loans. nature of a substitute, and the following amend- S. 3561, to support entrepreneurs serving in the ments proposed thereto: Pages S6876–79 National Guard and Reserve, with amendments. McConnell (for Corker) Amendment No. 4055, in S. 3562, to amend the Small Business Act to the nature of a substitute. Page S6879 modify the method for prescribing size standards for McConnell (for Corker) Amendment No. 4056, to business concerns. Pages S6814–15 amend the title. Page S6879 Measures Passed: Representative Louise McIntosh Slaughter Stop United States Parole Commission Extension Act: Trading on Congressional Knowledge Act: Com- Committee on the Judiciary was discharged from mittee on Homeland Security and Governmental Af- further consideration of H.R. 6896, to provide for fairs was discharged from further consideration of the continued performance of the functions of the H.R. 6870, to rename the Stop Trading on Congres- United States Parole Commission, and the bill was sional Knowledge Act of 2012 in honor of Rep- then passed. Pages S6802–03 resentative Louise McIntosh Slaughter, and the bill National Emergency Medical Services Memorial was then passed. Pages S6879–80 Foundation: Senate passed H.R. 1037, to authorize Sickle Cell Disease Research, Surveillance, Pre- the National Emergency Medical Services Memorial vention, and Treatment Act: Senate passed S. 2465, Foundation to establish a commemorative work in to amend the Public Health Service Act to reauthor- the District of Columbia and its environs. Page S6875 ize a sickle cell disease prevention and treatment D1130

VerDate Sep 11 2014 07:26 Oct 12, 2018 Jkt 089060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D11OC8.REC D11OCPT1 dlhill on DSK3GLQ082PROD with DIGEST October 11, 2018 CONGRESSIONAL RECORD — DAILY DIGEST D1131 demonstration program and to provide for sickle cell 9/11 Heroes Medal of Valor Act: Committee on disease research, surveillance, prevention, and treat- Banking, Housing, and Urban Affairs was discharged ment, after agreeing to the committee amendment in from further consideration of H.R. 3834, to provide the nature of a substitute. Page S6880 that members of public safety agencies who died of Action for Dental Health Act: Committee on 9/11-related health conditions are eligible for the Health, Education, Labor, and Pensions was dis- Presidential 9/11 Heroes Medal of Valor, and the charged from further consideration of H.R. 2422, to bill was then passed. Page S6882 amend the Public Health Service Act to improve es- Relative to the death of the Honorable Joseph D. sential oral health care for low-income and other un- ‘‘Joe’’ Tydings: Senate agreed to S. Res. 684, relative derserved individuals by breaking down barriers to to the death of the Honorable Joseph D. ‘‘Joe’’ care, and the bill was then passed, after agreeing to Tydings, former United States Senator for the State the following amendment proposed thereto: of Maryland. Page S6882 Pages S6880–81 House Messages: McConnell (for Alexander) Amendment No. 4057, in the nature of a substitute. Page S6881 Amending the White Mountain Apache Tribe Water Rights Quantification Act: Senate began National Dyslexia Awareness Month: Senate consideration of the amendment of the House of agreed to S. Res. 680, calling on Congress, schools, Representatives to S. 140, to amend the White and State and local educational agencies to recognize Mountain Apache Tribe Water Rights Quantifica- the significant educational implications of dyslexia tion Act of 2010 to clarify the use of amounts in the that must be addressed, and designating October 2018 as ‘‘National Dyslexia Awareness Month’’. WMAT Settlement Fund, taking action of the following motions and amendments proposed thereto: Page S6881 Withdrawn: National Character Counts Week: Senate agreed McConnell motion to concur in the amendment of to S. Res. 681, designating the week beginning Oc- the House to the bill. Page S6803 tober 21, 2018, as ‘‘National Character Counts McConnell motion to concur in the amendment of Week’’. Page S6881 the House to the bill, with McConnell Amendment Day of Remembrance for Nuclear Weapons Pro- No. 2232 (to the amendment of the House to the gram Workers: Senate agreed to S. Res. 682, desig- bill), in the nature of a substitute. Page S6803 nating October 30, 2018, as a national day of re- McConnell motion to refer the message of the membrance for nuclear weapons program workers. House on the bill to the Committee on Commerce, Page S6881 Science, and Transportation, with instructions, Bicentennial of the State of Illinois: Senate McConnell Amendment No. 2234, to change the en- agreed to S. Res. 683, recognizing and commemo- actment date. Page S6803 rating the bicentennial of the State of Illinois. Pending: Page S6881 McConnell motion to concur in the amendment of the House to the bill, with McConnell (for Thune) Sanctioning Hizballah’s Illicit Use of Civilians Amendment No. 4054, in the nature of a substitute. as Defenseless Shields Act: Committee on Foreign Page S6803 Relations was discharged from further consideration A motion was entered to close further debate on of H.R. 3342, to impose sanctions with respect to the motion to concur in the amendment of the foreign persons that are responsible for using civil- House to the bill, with McConnell (for Thune) ians as human shields, and the bill was then passed, Amendment No. 4054 (listed above), and, in accord- after agreeing to the following amendments proposed ance with the provisions of rule XXII of the Stand- thereto: Page S6881 ing Rules of the Senate, and pursuant to the unani- McConnell (for Corker) Amendment No. 4058, in mous-consent agreement of Thursday, October 10, the nature of a substitute. Page S6881 2018, a vote on cloture will occur at 5:30 p.m., on McConnell (for Corker) Amendment No. 4059, to Tuesday, November 13, 2018. Page S6803 amend the title. Page S6881 Prior to the consideration of this measure, Senate RBIC Advisers Relief Act: Committee on Bank- took the following action: ing, Housing, and Urban Affairs was discharged Senate agreed to the motion to proceed to Legisla- from further consideration of S. 2765, to amend the tive Session. Page S6803 Investment Advisers Act of 1940 to exempt invest- During consideration of this measure today, Senate ment advisers who solely advise certain rural busi- also took the following action: ness investment companies, and the bill was then McConnell Amendment No. 2233 (to Amend- passed. Pages S6881–82 ment No. 2232), to change the enactment date, fell

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Pages S6803–05 Amendment No. 2232 (to the amendment of the A motion was entered to close further debate on House to the bill) (listed above) was withdrawn. the nomination, and, in accordance with the provi- Page S6803 sions of Rule XXII of the Standing Rules of the McConnell Amendment No. 2235 (to (the in- Senate, a vote on cloture will occur upon disposition structions) Amendment No. 2234), of a perfecting of the motion to concur with respect to S. 140, to nature, fell when McConnell motion to refer the amend the White Mountain Apache Tribe Water message of the House on the bill to the Committee Rights Quantification Act of 2010 to clarify the use on Commerce, Science, and Transportation, with in- of amounts in the WMAT Settlement Fund. structions, McConnell Amendment No. 2234 (listed Page S6803 above) was withdrawn. Page S6803 Prior to the consideration of this nomination, Sen- McConnell Amendment No. 2236 (to Amend- ate took the following action: ment No. 2235), of a perfecting nature, fell when McConnell Amendment No. 2235 (to (the instruc- Senate agreed to the motion to proceed to Execu- tions) Amendment No. 2234) (listed above) fell. tive Session to consider the nomination. Page S6803 Page S6803 A unanimous-consent agreement was reached pro- A unanimous-consent agreement was reached providing that this motion to invoke cloture ripen fol- viding that notwithstanding rule XXII, the vote on lowing disposition of the motion to concur with re- the motion to invoke cloture occur at 5:30 p.m., on spect to S. 140, to amend the White Mountain Tuesday, November 13, 2018; provided further that Apache Tribe Water Rights Quantification Act of no further amendments or motions be in order and 2010 to clarify the use of amounts in the WMAT that if cloture is invoked, all post-cloture time expire Settlement Fund. Page S6803 at 2:15 p.m., on Wednesday, November 14, 2018. Nominations Confirmed: Senate confirmed the fol- Page S6803 lowing nominations: A unanimous-consent agreement was reached pro- By 52 yeas to 45 nays (Vote No. EX. 228), Jeffrey viding that Senate resume consideration of the Bossert Clark, of Virginia, to be an Assistant Attor- House amendment to the bill, with further amend- ney General. Pages S6789, S6882 ment, at approximately 3 p.m., on Tuesday, Novem- By 50 yeas to 47 nays (Vote No. EX. 230), Eric ber 13, 2018. Page S6882 S. Dreiband, of Maryland, to be an Assistant Attor- Hizballah International Financing Prevention ney General. Pages S6792, S6882 Amendments Act: Senate agreed to the motion to During consideration of this nomination today, concur in the amendment of the House of Rep- Senate also took the following action: resentatives to S. 1595, to amend the Hizballah By 50 yeas to 47 nays (Vote No. EX. 229), Senate International Financing Prevention Act of 2015 to agreed to the motion to close further debate on the impose additional sanctions with respect to nomination. Pages S6789–90 Hizballah. Page S6880 James N. Stewart, of North Carolina, to be an As- Pro Forma Sessions—Agreement: A unanimous- sistant Secretary of Defense. Pages S6792, S6883 consent agreement was reached providing that the During consideration of this nomination today, Senate adjourn, to then convene for pro forma ses- Senate also took the following action: sions only, with no business being conducted on the A unanimous-consent agreement was reached pro- following dates and times, and that following each viding that the motion to invoke cloture on the pro forma session, the Senate adjourn until the next nomination, be withdrawn. Page S6792 pro forma session: Friday, October 12, 2018 at 12 By 50 yeas to 45 nays (Vote No. EX. 231), David noon; Tuesday, October 16, 2018 at 12 noon; Fri- James Porter, of Pennsylvania, to be United States day, October 19, 2018 at 10 a.m.; Tuesday, October 23, 2018 at 4:30 p.m.; Friday, October 26, 2018 at Circuit Judge for the Third Circuit. 5 p.m.; Tuesday, October 30, 2018 at 1 p.m.; Fri- Pages S6799, S6883 day, November 2, 2018 at 2:45 p.m.; Tuesday, No- By 51 yeas to 44 nays (Vote No. EX. 232), Ryan vember 6, 2018 at 4 p.m.; Friday, November 9, Douglas Nelson, of Idaho, to be United States Cir- 2018 at 9 a.m.; and that when the Senate adjourns cuit Judge for the Ninth Circuit. Pages S6799, S6883 on Friday, November 9, 2018, it next convene at 3 By 79 yeas to 16 nays (Vote No. EX. 233), Rich- p.m., on Tuesday, November 13, 2018. Page S6882 ard J. Sullivan, of New York, to be United States Circuit Judge for the Second Circuit. Bowman Nomination—Cloture: Senate began consideration of the nomination of Michelle Bowman, of Pages S6799–S6800, S6883

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By 54 yeas to 41 nays (Vote No. EX. 234), Wil- Jane Nitze, of the District of Columbia, to be a liam M. Ray II, of Georgia, to be United States Dis- Member of the Privacy and Civil Liberties Oversight trict Judge for the Northern District of Georgia. Board for a term expiring January 29, 2023. Pages S6800, S6882 Denise Natali, of New Jersey, to be an Assistant By 55 yeas to 40 nays (Vote No. EX. 235), Liles Secretary of State (Conflict and Stabilization Oper- Clifton Burke, of Alabama, to be United States Dis- ations). trict Judge for the Northern District of Alabama. Peter Gaynor, of Rhode Island, to be Deputy Ad- Pages S6800, S6882 ministrator, Federal Emergency Management Agen- By 54 yeas to 41 nays (Vote No. EX. 236), Mi- cy, Department of Homeland Security. chael Joseph Juneau, of Louisiana, to be United Jason R. Dunn, of Colorado, to be United States States District Judge for the Western District of Attorney for the District of Colorado for the term of Louisiana. Pages S6800–01, S6882 four years. By 51 yeas to 44 nays (Vote No. EX. 237), Mark John Cotton Richmond, of Virginia, to be Direc- Saalfield Norris, Sr., of Tennessee, to be United tor of the Office to Monitor and Combat Trafficking, States District Judge for the Western District of with the rank of Ambassador at Large. Tennessee. Pages S6801, S6882 Karen L. Williams, of Missouri, to be Ambassador By 52 yeas to 43 nays (Vote No. EX. 238), Eli to the Republic of Suriname. Jeremy Richardson, of Tennessee, to be United James Morhard, of Virginia, to be Deputy Admin- States District Judge for the Middle District of Ten- istrator of the National Aeronautics and Space Ad- nessee. Pages S6801, S6882 ministration. By 65 yeas to 30 nays (Vote No. EX. 239), Kevin K. Sullivan, of Ohio, to be Ambassador to Thomas S. Kleeh, of West Virginia, to be United the Republic of Nicaragua. States District Judge for the Northern District of Donald Y. Yamamoto, of Washington, to be Am- West Virginia. Pages S6801–02, S6883 bassador to the Federal Republic of Somalia. Jeremy D. Kernodle, of Texas, to be United States Earl Robert Miller, of Michigan, to be Ambas- District Judge for the Eastern District of Texas. sador to the People’s Republic of Bangladesh. Pages S6802, S6883 Harold B. Parker, of New Hampshire, to be Fed- Peter J. Phipps, of Pennsylvania, to be United eral Cochairperson of the Northern Border Regional States District Judge for the Western District of Commission. Pennsylvania. Pages S6802, S6883 Robert H. McMahon, of Georgia, to be an Assist- Susan Brnovich, of Arizona, to be United States ant Secretary of Defense. District Judge for the District of Arizona. Mary Elizabeth Taylor, of the District of Colum- Pages S6802, S6883 bia, to be an Assistant Secretary of State (Legislative Chad F. Kenney, of Pennsylvania, to be United Affairs). States District Judge for the Eastern District of 1 Air Force nomination in the rank of general. Pennsylvania. Pages S6802, S6883 1 Army nomination in the rank of general. James Patrick Hanlon, of Indiana, to be United 2 Navy nominations in the rank of admiral. States District Judge for the Southern District of In- Routine lists in the Air Force, Army, and Navy. Pages S6803–05, S6882–83 diana. Pages S6802, S6883 Lance E. Walker, of Maine, to be United States Nomination Received: Senate received the fol- District Judge for the District of Maine. lowing nomination: Pages S6802, S6883 Douglas J. Strike, of Iowa, to be United States Adam I. Klein, of the District of Columbia, to be Marshal for the Northern District of Iowa for the Chairman and Member of the Privacy and Civil Lib- term of four years. Page S6882 erties Oversight Board for a term expiring January Executive Communications: Page S6814 29, 2024. Executive Reports of Committees: Page S6815 Kimberly Breier, of Virginia, to be an Assistant Secretary of State (Western Hemisphere Affairs). Additional Cosponsors: Pages S6816–18 Dallas L. Carlson, of North Dakota, to be United Statements on Introduced Bills/Resolutions: States Marshal for the District of North Dakota for Pages S6818–21 the term of four years. Additional Statements: Pages S6811–14 Edward W. Felten, of New Jersey, to be a Mem- ber of the Privacy and Civil Liberties Oversight Amendments Submitted: Pages S6826–74 Board for the remainder of the term expiring Janu- Authorities for Committees to Meet: ary 29, 2019. Pages S6874–75

VerDate Sep 11 2014 07:26 Oct 12, 2018 Jkt 089060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D11OC8.REC D11OCPT1 dlhill on DSK3GLQ082PROD with DIGEST D1134 CONGRESSIONAL RECORD — DAILY DIGEST October 11, 2018 Record Votes: Twelve record votes were taken BLACKSTART today. (Total—239) Committee on Energy and Natural Resources: Committee Pages SS6789–90, S6792, S6799–S6802 concluded a hearing to examine blackstart and other Adjournment: Senate convened at 10 a.m. and ad- system restoration plans in the electric utility indus- journed, as a further mark of respect to the memory try, after receiving testimony from David S. Ortiz, of the late Joseph D. ‘‘Joe’’ Tydings, former Senator Acting Director, Office of Electric Reliability, Fed- for the State of Maryland, in accordance with S. Res. eral Energy Regulatory Commission; Juan Torres, 684, at 9:39 p.m., until 12 noon on Friday, October Associate Laboratory Director for Energy Systems In- 12, 2018. (For Senate’s program, see the remarks of tegration, National Renewable Energy Laboratory, the Majority Leader in today’s Record on page Department of Energy; Joy Ditto, Utilities Tech- S6882.) nology Council, Washington, D.C.; Thomas J. Gal- loway, Sr., North American Transmission Forum, Committee Meetings Charlotte, North Carolina; Andrew L. Ott, PJM Interconnection, L.L.C., Norristown, Pennsylvania; (Committees not listed did not meet) and Timothy M. Yardley, University of Illinois at MILITARY THREAT BY CHINA AND Urbana-Champaign Information Trust Institute, Ur- RUSSIA bana. Committee on Armed Services: Committee received a NOMINATIONS closed briefing on the military threat posed by near peer adversaries China and Russia from John C. Committee on Foreign Relations: Committee concluded Rood, Under Secretary for Policy, Lieutenant General a hearing to examine the nominations of John Mark Anthony R. Ierardi, USA, Director for Force Struc- Pommersheim, of Florida, to be Ambassador to the ture, Resources and Assessment (J8), Joint Chiefs of Republic of Tajikistan, William H. Moser, of North Staff, and Major General Michael Groen, all of the Carolina, to be Ambassador to the Republic of Department of Defense. Kazakhstan, and Donald Armin Blome, of Illinois, to CRYPTOCURRENCY AND BLOCKCHAIN be Ambassador to the Republic of Tunisia, all of the ECOSYSTEM Department of State, after the nominees testified and answered questions in their own behalf. Committee on Banking, Housing, and Urban Affairs: Committee concluded a hearing to examine the BUSINESS MEETING cryptocurrency and blockchain ecosystem, including S. 3179, to require the Comptroller General of the Committee on the Judiciary: Committee ordered favor- United States to carry out a study on how virtual ably reported the following business items: currencies and online marketplaces are used to buy, S. 2785, to designate foreign persons who improp- sell, or facilitate the financing of goods or services erly interfere in United States elections as inadmis- associated with sex trafficking or drug trafficking, sible aliens, with an amendment in the nature of a after receiving testimony from Nouriel Roubini, substitute; New York University Stern School of Business, New S. 3178, to amend title 18, United States Code, York, New York; and Peter Van Valkenburgh, Coin to specify lynching as a deprivation of civil rights, Center, Washington, D.C. with an amendment in the nature of a substitute; FUTURE OF THE FLEETS and The nominations of Jonathan A. Kobes, of South Committee on Commerce, Science, and Transportation: Sub- Dakota, to be United States Circuit Judge for the committee on Oceans, Atmosphere, Fisheries, and Eighth Circuit, Kenneth D. Bell, to be United States Coast Guard concluded a hearing to examine the fu- District Judge for the Western District of North ture of the fleets, focusing on Coast Guard and Na- Carolina, Stephanie A. Gallagher, to be United tional Oceanic and Atmospheric Administration ship recapitalization, after receiving testimony from Rear States District Judge for the District of Maryland, Admiral Michael J. Haycock, Assistant Commandant Mary S. McElroy, to be United States District Judge for Acquisition and Chief Acquisition Officer, Coast for the District of Rhode Island, Carl J. Nichols, to Guard, Department of Homeland Security; Marie A. be United States District Judge for the District of Mak, Director, Contracting and National Security Columbia, and Martha Maria Pacold, Mary M. Row- Acquisitions, Government Accountability Office; and land, and Steven C. Seeger, each to be a United Ronald O’Rourke, Specialist in Naval Affairs, Con- States District Judge for the Northern District of Il- gressional Research Service, Library of Congress. linois.

VerDate Sep 11 2014 07:26 Oct 12, 2018 Jkt 089060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D11OC8.REC D11OCPT1 dlhill on DSK3GLQ082PROD with DIGEST October 11, 2018 CONGRESSIONAL RECORD — DAILY DIGEST D1135 BUSINESS MEETING tration to bring those thresholds into line with the Committee on Small Business and Entrepreneurship: Com- thresholds used by the Federal banking regulators; mittee ordered favorably reported the following busi- S. 3554, to extend the effective date for the sunset ness items: for collateral requirements for Small Business Ad- S. 2679, to provide access to and manage the dis- ministration disaster loans; tribution of excess or surplus property to veteran- S. 3561, to support entrepreneurs serving in the owned small businesses, with an amendment in the National Guard and Reserve; and nature of a substitute; S. 3562, to amend the Small Business Act to S. 3552, to amend the Small Business Act to ad- modify the method for prescribing size standards for just the real estate appraisal thresholds under the business concerns. 7(a) program of the Small Business Administration to bring those thresholds into line with the thresh- INTELLIGENCE olds used by the Federal banking regulators; Select Committee on Intelligence: Committee met in S. 3553, to amend the Small Business Act to ad- closed session to receive a briefing on certain intel- just the real estate appraisal thresholds under the ligence matters from officials of the intelligence section 504 program of the Small Business Adminis- community. h House of Representatives garding the prices for certain drugs and biologicals. Chamber Action Signed on October 10, 2018. (Public Law 115–262) The House was not in session today. The House S. 2554, to ensure that health insurance issuers is scheduled to meet in Pro Forma Session at 9:30 and group health plans do not prohibit pharmacy a.m. on Friday, October 12, 2018. providers from providing certain information to en- rollees. Signed on October 10, 2018. (Public Law Committee Meetings 115–263) No hearings were held. f COMMITTEE MEETINGS FOR FRIDAY, Joint Meetings OCTOBER 12, 2018 No joint committee meetings were held. (Committee meetings are open unless otherwise indicated) f Senate NEW PUBLIC LAWS No meetings/hearings scheduled. (For last listing of Public Laws, see DAILY DIGEST, p. D1126) S. 2553, to amend title XVIII of the Social Secu- House rity Act to prohibit Medicare part D plans from re- No hearings are scheduled. stricting pharmacies from informing individuals re-

VerDate Sep 11 2014 07:26 Oct 12, 2018 Jkt 089060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D11OC8.REC D11OCPT1 dlhill on DSK3GLQ082PROD with DIGEST D1136 CONGRESSIONAL RECORD — DAILY DIGEST October 11, 2018

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 12 noon, Friday, October 12 9:30 a.m., Friday, October 12

Senate Chamber House Chamber Program for Friday: Senate will meet in a pro forma Program for Friday: The House will meet in Pro Forma session. session at 9:30 a.m.

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