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

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, MONDAY, JULY 23, 2018 No. 123 House of Representatives The House met at noon and was blessing once again upon the families minute and to revise and extend his recalled to order by the Speaker pro tem- of Officer Jacob Chestnut and Detec- marks.) pore (Mrs. LESKO). tive John Gibson, who laid down their Mr. BILIRAKIS. Mr. Speaker, as we f lives in defending the safety of the U.S. enter the hurricane season, I would Capitol. We ask as well Your protec- like to recognize those within the DESIGNATION OF SPEAKER PRO tion for the entire Capitol Police force, building and code enforcement commu- TEMPORE who mourns the loss of their brothers nity for the work they do to maintain The SPEAKER pro tempore laid be- in uniform. Thank You for calling the resilience of our homes and com- fore the House the following commu- them all to their lives of service. mercial buildings. nication from the Speaker: Please hear our prayers for the Mem- The International Code Council has bers of this assembly, upon whom the WASHINGTON, DC, established a building safety campaign July 23, 2018. authority of government is given. Help that is recognized annually by jurisdic- I hereby appoint the Honorable DEBBIE them to understand the tremendous re- tions across the Nation. Its purpose is LESKO to act as Speaker pro tempore on this sponsibility they have to represent to reinforce the need for the adoption day. both their constituencies and the peo- of modern building codes; a strong sys- PAUL D. RYAN, ple of this great Nation of ours. tem of code compliance; and a well- Speaker of the House Representatives. Give each Member peace and equa- trained, professional workforce to pro- nimity, and give all Americans gen- f vide public safety. erosity of heart, to understand that In the 10 years since Florida adopted MORNING-HOUR DEBATE governance is not simple but difficult the statewide building code under Gov- The SPEAKER pro tempore. Pursu- work, at times requiring sacrifice and ernor Bush—I was in the legislature at ant to the order of the House of Janu- forbearance. the time; he showed great leadership— ary 8, 2018, the Chair would now recog- May all that is done within the peo- the code’s adoption and application re- nize Members from lists submitted by ple’s House this day be for Your great- duced windstorm actual losses by as the majority and minority leaders for er honor and glory. much as 72 percent. morning-hour debate. Amen. Year after year, we see the type of f f devastation that Mother Nature can RECESS THE JOURNAL bring, and it is important we are doing The SPEAKER pro tempore. Pursu- The SPEAKER pro tempore. The all that we can to minimize its dam- Chair has examined the Journal of the ant to clause 12(a) of rule I, the Chair age. last day’s proceedings and announces declares the House in recess until 2 f to the House his approval thereof. p.m. today. Pursuant to clause 1, rule I, the Jour- CONGRATULATING HERMAN BELL Accordingly (at noon), the House nal stands approved. (Mr. DUNN asked and was given per- stood in recess. f mission to address the House for 1 f minute and to revise and extend his re- PLEDGE OF ALLEGIANCE b 1400 marks.) The SPEAKER pro tempore. Will the Mr. DUNN. Mr. Speaker, I rise today AFTER RECESS gentleman from Florida (Mr. BILI- to congratulate an exceptional member The recess having expired, the House RAKIS) come forward and lead the of the Air Force on his retirement from was called to order by the Speaker pro House in the Pledge of Allegiance. government service: Mr. Herman Bell. Mr. BILIRAKIS led the Pledge of Al- tempore (Mr. HOLDING) at 2 p.m. Herman will retire this week as the legiance as follows: f chief of public affairs of Tyndall Air I pledge allegiance to the Flag of the Force Base, capping a career of more PRAYER United States of America, and to the Repub- lic for which it stands, one nation under God, than 46 years of government service. The Chaplain, the Reverend Patrick indivisible, with liberty and justice for all. Herman enlisted in the Air Force in J. Conroy, offered the following prayer: 1972 and retired as a master sergeant in f We give You thanks, O God, for giv- 1993. He has served in the 325th Fighter ing us another day. BUILDING CODES Wing Public Affairs Office since that As we anticipate the 20th anniver- (Mr. BILIRAKIS asked and was given time. His keen leadership over the last sary of that terrible day, we ask Your permission to address the House for 1 25 years at Tyndall and the many years

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

H6591

VerDate Sep 11 2014 02:37 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JY7.000 H23JYPT1 dlhill on DSK3GLQ082PROD with HOUSE H6592 CONGRESSIONAL RECORD — HOUSE July 23, 2018 before that on Active Duty is a testa- for the automatic termination of a na- SECTION 1. SHORT TITLE. ment to the core values instilled in all tional emergency unless, within 90 This Act may be cited as the ‘‘National those who serve in our Air Force. days before the anniversary date of its Suicide Hotline Improvement Act of 2018’’. Mr. Speaker, please join me in saying declaration, the President publishes in SEC. 2. DEFINITIONS. thank you to Herman Bell and to his the Federal Register and transmits to In this Act— family for their years of service and the Congress a notice stating that the (1) the term ‘‘Commission’’ means the Fed- sacrifice, and wish them luck as they emergency is to continue in effect be- eral Communications Commission; move on to a new chapter in life. yond the anniversary date. In accord- (2) the term ‘‘covered dialing code’’ means a simple, easy-to-remember, 3-digit dialing f ance with this provision, I have sent to the Federal Register for publication the code; and (3) the term ‘‘N11 dialing code’’ means an COMMUNICATION FROM THE enclosed notice stating that the na- CLERK OF THE HOUSE abbreviated dialing code consisting of 3 dig- tional emergency with respect to sig- its, of which— The SPEAKER pro tempore laid be- nificant transnational criminal organi- (A) the first digit may be any digit other fore the House the following commu- zations declared in Executive Order than ‘‘1’’ or ‘‘0’’; and nication from the Clerk of the House of 13581 of July 24, 2011, is to continue in (B) each of the last 2 digits is ‘‘1’’. Representatives: effect beyond July 24, 2018. SEC. 3. STUDIES AND REPORTS. OFFICE OF THE CLERK, The activities of significant (a) PRIMARY STUDY.— HOUSE OF REPRESENTATIVES, transnational criminal organizations (1) IN GENERAL.—The Commission, in co- Washington, DC, July 19, 2018. have reached such scope and gravity ordination with the Assistant Secretary for Hon. PAUL D. RYAN, that they threaten the stability of Mental Health and Substance Use and the The Speaker, House of Representatives, international political and economic Secretary of Veterans Affairs, shall conduct Washington, DC. systems. Such organizations are in- a study that— DEAR MR. SPEAKER: Pursuant to the per- (A) examines the feasibility of designating mission granted in Clause 2(h) of Rule II of creasingly sophisticated and dangerous to the United States; they are increas- an N11 dialing code or other covered dialing the Rules of the U.S. House of Representa- code to be used for a national suicide preven- tives, the Clerk received the following mes- ingly entrenched in the operations of tion and mental health crisis hotline system; sage from the Secretary of the Senate on foreign governments and the inter- and July 19, 2018, at 5:38 p.m.: national financial system, thereby (B) analyzes the effectiveness of the Na- Appointment: weakening democratic institutions, de- tional Suicide Prevention Lifeline as of the Creating Options for Veterans’ Expedited grading the rule of law, and under- date on which the study is initiated, includ- Recovery (COVER Commission). ing how well the lifeline is working to ad- Commission on Social Impact Partner- mining economic markets. These organizations facilitate and aggravate vio- dress the needs of veterans. ships. (2) REQUIREMENTS.— With best wishes, I am, lent civil conflicts and increasingly fa- (A) COMMISSION.—In conducting the study Sincerely, cilitate the activities of other dan- under paragraph (1), the Commission shall— KAREN L. HAAS. gerous persons. (i) consider— f The activities of significant (I) each of the N11 dialing codes, including transnational criminal organizations COMMUNICATION FROM THE the codes that are used for other purposes; continue to pose an unusual and ex- and CLERK OF THE HOUSE traordinary threat to the national se- (II) other covered dialing codes; The SPEAKER pro tempore laid be- curity, foreign policy, and economy of (ii) consult with the North American Num- fore the House the following commu- the United States. Therefore, I have de- bering Council; and nication from the Clerk of the House of termined that it is necessary to con- (iii) review the information provided by Representatives: the Assistant Secretary for Mental Health tinue the national emergency declared and Substance Use and the Secretary of Vet- OFFICE OF THE CLERK, in Executive Order 13581 with respect erans Affairs under subparagraphs (B) and HOUSE OF REPRESENTATIVES, to transnational criminal organiza- (C), respectively, of this paragraph. Washington, DC, July 20, 2018. tions. (B) SAMHSA STUDY AND REPORT TO ASSIST Hon. PAUL D. RYAN, DONALD J. TRUMP. COMMISSION.—To assist the Commission in The Speaker, House of Representatives, THE WHITE HOUSE, July 20, 2018. conducting the study under paragraph (1), Washington, DC. the Assistant Secretary for Mental Health f DEAR MR. SPEAKER: Pursuant to the per- and Substance Use shall analyze and, not mission granted in Clause 2(h) of Rule II of ANNOUNCEMENT BY THE SPEAKER later than 180 days after the date of enact- the Rules of the U.S. House of Representa- PRO TEMPORE ment of this Act, report to the Commission tives, I have the honor to transmit a sealed The SPEAKER pro tempore. Pursu- on— envelope received from the White House on (i) the potential impact of the designation July 20, 2018 at 12:25 p.m., said to contain a ant to clause 8 of rule XX, the Chair of an N11 dialing code, or other covered dial- message from the President regarding the will postpone further proceedings ing code, for a suicide prevention and mental continuation of the national emergency with today on motions to suspend the rules health crisis hotline system on— respect to transnational criminal organiza- on which a recorded vote or the yeas (I) suicide prevention; tions. and nays are ordered, or votes objected (II) crisis services; and With best wishes, I am to under clause 6 of rule XX. (III) other suicide prevention and mental Sincerely, health crisis hotlines, including— ROBERT F. REEVES, The House will resume proceedings on postponed questions at a later time. (aa) the National Suicide Prevention Life- Deputy Clerk of the House. line; and f f (bb) the Veterans Crisis Line; and CONTINUATION OF THE NATIONAL NATIONAL SUICIDE HOTLINE (ii) possible recommendations for improv- IMPROVEMENT ACT OF 2018 ing the National Suicide Prevention Lifeline EMERGENCY WITH RESPECT TO generally, which may include— TRANSNATIONAL CRIMINAL OR- Mr. LANCE. Mr. Speaker, I move to (I) increased public education and aware- GANIZATIONS—MESSAGE FROM suspend the rules and pass the bill ness; and THE PRESIDENT OF THE UNITED (H.R. 2345) to require the Federal Com- (II) improved infrastructure and oper- STATES (H. DOC. NO. 115–142) munications Commission to study the ations. The SPEAKER pro tempore laid be- feasibility of designating a simple, (C) VA STUDY AND REPORT TO ASSIST COM- MISSION.—To assist the Commission in con- fore the House the following message easy-to-remember dialing code to be used for a national suicide prevention ducting the study under paragraph (1), the from the President of the United Secretary of Veterans Affairs shall study States; which was read and, together and mental health crisis hotline sys- and, not later than 180 days after the date of with the accompanying papers, referred tem, as amended. enactment of this Act, report to the Com- to the Committee on Foreign Affairs The Clerk read the title of the bill. mission on how well the National Suicide and ordered to be printed: The text of the bill is as follows: Prevention Lifeline and the Veterans Crisis H.R. 2345 Line, as in effect on the date on which the To the Congress of the United States: Be it enacted by the Senate and House of Rep- study is initiated, is working to address the Section 202(d) of the National Emer- resentatives of the United States of America in needs of veterans. gencies Act (50 U.S.C. 1622(d)) provides Congress assembled, (b) PRIMARY COMMISSION REPORT.—

VerDate Sep 11 2014 01:02 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.004 H23JYPT1 dlhill on DSK3GLQ082PROD with HOUSE July 23, 2018 CONGRESSIONAL RECORD — HOUSE H6593 (1) IN GENERAL.—Not later than 1 year after and confidence that somebody who can The Senate has passed a companion the date of enactment of this Act, the Com- help will be on the line. It shouldn’t be bill by unanimous consent. H.R. 2345 is mission, in coordination with the Assistant any different for someone in a mental a bipartisan, commonsense bill, and I Secretary for Mental Health and Substance want to thank the authors, Congress- Use and the Secretary of Veterans Affairs, health crisis. shall submit a report on the study conducted According to the Centers for Disease man CHRIS STEWART of Utah and Con- under subsection (a) that recommends Control and Prevention, suicide is on gresswoman EDDIE BERNICE JOHNSON of whether a particular N11 dialing code or the rise across the country. Sadly, Texas, for the very hard work and lead- other covered dialing code should be used for more than half of those who die by sui- ership they put into this bill. a national suicide prevention and mental cide do not have a known mental Mr. Speaker, I urge my colleagues to health crisis hotline system to— health condition. support it today, and I reserve the bal- (A) the Committee on Commerce, Science, We also want to make note of the ance of my time. and Transportation of the Senate; number of servicemembers and vet- Mr. LANCE. Mr. Speaker, I yield (B) the Committee on Health, Education, such time as he may consume to the Labor, and Pensions of the Senate; erans in need of prevention services. (C) the Committee on Veterans’ Affairs of We will work with our minority on this gentleman from Utah (Mr. STEWART), the Senate; study to review how these patriots can the sponsor of this legislation. (D) the Committee on Energy and Com- seek help, whether stateside or over- Mr. STEWART. Mr. Speaker, I would merce of the House of Representatives; and seas. like to thank my friends from New Jer- (E) the Committee on Veterans’ Affairs of You never truly know what battles sey and Michigan for their help on this the House of Representatives. an individual is fighting, and that is important bill. (2) ADDITIONAL CONTENTS.—If the report Mr. Speaker, I would like to begin submitted by the Commission under para- why a national three-digit suicide hotline could help make the difference be- with a startling statistic. Every 9 min- graph (1) recommends that a dialing code utes, someone in the United States at- should be used, the report shall also— tween life and death. (A) outline the logistics of designating Mr. Speaker, I look forward to ad- tempts suicide or is successful, and for such a dialing code; vancing this potentially lifesaving leg- every suicide-related death, there are (B) estimate the costs associated with des- islation, and I reserve the balance of 25 attempts. These are truly heart- ignating such a dialing code, including— my time. breaking statistics. Sadly, they hit (i) the costs incurred by service providers, Mrs. DINGELL. Mr. Speaker, I yield close to home in Utah, which ranks including— fifth for the highest suicide deaths in (I) translation changes in the network; and myself such time as I may consume. Mr. Speaker, I rise to support H.R. the U.S. (II) cell site analysis and reprogramming One example is Madison Radtke, a 2345, the National Suicide Hotline Im- by wireless carriers; and charitable and loving young lady who (ii) the costs incurred by States and local- provement Act. ities; Suicide is now the tenth leading unexpectedly took her own life. I have (C) provide recommendations for desig- cause for death in adults aged 18 to 64, gotten to know Madison’s family, and nating such a dialing code; and, for every suicide, there are 25 at- it has been an honor to do so. Madison (D) provide a cost-benefit analysis com- tempts. Earlier this year, the Centers is remembered for her kindness to oth- paring the recommended dialing code with ers and for her ability to see the good the National Suicide Prevention Lifeline, as for Disease Control and Prevention found that suicide rates increased by 28 in each person. in effect on the date on which the report is Here is something that is startling percent between 1999 and 2016. Mr. submitted; and and should be terrifying to those of us (E) make other recommendations, as ap- Speaker, 49 States experienced an in- who are parents: Madison didn’t show propriate, for improving the National Sui- crease in suicide rates during that pe- any sign of suicidal thoughts. To oth- cide Prevention Lifeline generally, which riod. ers around her, she seemed to be mak- may include— As my colleague said, we also know ing the most of the prime of her life. (i) increased public education and aware- that the risk is significantly higher for ness; and This is a sad reminder that suicide (ii) improved infrastructure and oper- veterans. Veteran men are at a 19 per- can strike anywhere. These are our ations. cent higher risk, and veteran women neighbors, our coworkers, our friends, 1 SEC. 4. NO ADDITIONAL FUNDS AUTHORIZED. are at a 2 ⁄2 times higher risk than non- our family members. I believe that we No additional funds are authorized to be veteran women. have the power and we have the respon- appropriated to carry out this Act. This Act These statistics point to a problem sibility to reach out and to help them. shall be carried out using amounts otherwise that is all too real and, sadly, all too Yes, there are many tools available for authorized. common. That fact was evident last people who are struggling with mental The SPEAKER pro tempore. Pursu- month when, unfortunately, both Kate illness or thoughts of suicide, but, ant to the rule, the gentleman from Spade and Anthony Bourdain, both tragically, some of these resources are New Jersey (Mr. LANCE) and the gentle- very successful in their careers, took simply too difficult to find in a time of woman from Michigan (Mrs. DINGELL) their own lives. urgent need. each will control 20 minutes. It is heartbreaking when someone is The Chair recognizes the gentleman suffering so much that they choose to b 1415 from New Jersey. end their own life. Unfortunately, I The National Suicide Prevention GENERAL LEAVE know it in my own family, when people Lifeline dialing number is cumbersome Mr. LANCE. Mr. Speaker, I ask unan- are afraid to reach out. and is very hard to remember, and imous consent that all Members may The National Suicide Prevention most people have never even heard of have 5 legislative days in which to re- Hotline Improvement Act before us it. Additionally, in Utah and many vise and extend their remarks and in- today would make it easier for people other States, there are various other sert extraneous materials in the wanting to connect with someone entities that provide service, but there RECORD on the bill. through that hotline. The bill would The SPEAKER pro tempore. Is there is not one consolidated number for peo- set up a process to give Americans an objection to the request of the gen- ple to call. easy-to-remember, three-digit code, tleman from New Jersey? After the recent passing, as has been There was no objection. like 911, to call when they or their mentioned, of Kate Spade and Anthony Mr. LANCE. Mr. Speaker, I yield my- loved one are in crisis, rather than the Bourdain, calls to the National Suicide self such time as I may consume. current 10-digit number. Prevention Lifeline jumped 25 percent. Mr. Speaker, I rise today in support The bill would also require the Sub- While the hotline number has increased of H.R. 2345, the National Suicide Hot- stance Abuse and Mental Health Serv- access, I know we can do better, and line Improvement Act of 2018. This ices Administration to study the effec- that is the purpose of this bill. This is critical legislation seeks to designate a tiveness of the National Suicide Pre- where Congress can help. new, easy-to-remember, three-digit di- vention Lifeline, currently known as 1– I introduced the National Suicide aling code for a national suicide pre- 800–273–TALK, and the Department of Hotline Improvement Act to stream- vention hotline. Veterans Affairs would be required to line and to provide easy access to po- We all know by heart to dial 911 dur- study the effectiveness of the Veterans tentially lifesaving resources by desig- ing an emergency, and we have faith Crisis Line. nating a new and very simple national

VerDate Sep 11 2014 01:02 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JY7.004 H23JYPT1 dlhill on DSK3GLQ082PROD with HOUSE H6594 CONGRESSIONAL RECORD — HOUSE July 23, 2018 three-digit dialing number, very simi- ment Act is an important step to Hotline Improvement Act,’’ which provides re- lar to 911, for national suicide preven- achieve that end. This legislation will sources to improve suicide hotlines in the tion and mental health crisis. build upon the success of the National United States. The study will also examine the over- Suicide Prevention Lifeline to increase Mr. Speaker, it is critical that we address all effectiveness of the current Na- access to lifesaving services while eval- the public heath crisis of suicide in the United tional Suicide Prevention Lifeline and uating new and innovative ways to im- States. Veterans Crisis Line for individuals prove the current system. It is critical Suicide is the 10th leading cause of death both here and abroad and their access that we move quickly on this bill so in the United States—each year, 44,965 to that. Ultimately, the report will rec- that we can begin saving more lives Americans die by suicide, more than half by ommend ways to improve the existing each day. firearm. system. Mr. LANCE. Mr. Speaker, this is im- On average, 123 Americans commit suicide I recognize this legislation alone is portant legislation. It is completely bi- each day. not a panacea. It is not going to solve partisan in nature. The 2016 annual age-adjusted suicide rate every problem. There is much more Mr. Speaker, I yield 2 minutes to the in my state of Texas was 12.57 per 100,000 that we can do and we must do, and gentleman from Florida (Mr. BILI- individuals, which was similar to the national some of the solutions will require a RAKIS), a distinguished member of the average for that year. multifaceted approach; but it is an im- House Energy and Commerce Com- However, there has been a steady increase portant step and one that has the po- mittee. in suicides in the decade since 2007, when the suicide rate was 10.48 per 100,000. tential to avert tragedy, such as the Mr. BILIRAKIS. Mr. Speaker, I ap- Suicides in Texas have increased by 23 loss of Madison, and to save many preciate Mr. Vice Chairman. Mr. Speaker, we have all heard the percent over the past 15 years. lives. upsetting statistic of 21 veterans com- The steady increase coincides with new For those of us who have seen first- data that names suicide as the second leading hand and been impacted by the tragedy mitting suicide each and every day. It is unacceptable. This is a crisis for our cause of death among people ages 10–34 in of suicide or attempted suicide, it is America. simply time for us to act. veterans, their families, the future of our current servicemembers, and our Even more alarming are rates of suicide Mrs. DINGELL. Mr. Speaker, I yield among our veterans—those who have given 3 minutes to gentlewoman from Texas country. As vice chairman of the Veterans’ Af- the ultimate sacrifice and deserve protection (Ms. EDDIE BERNICE JOHNSON), the co- fairs Committee, I have worked to tantamount to their service. sponsor of this legislation. According to a Veterans Affairs study re- Ms. EDDIE BERNICE JOHNSON of make it a better and healthier life for our true American heroes. That is why leased last year, risk for suicide was 22 per- Texas. Mr. Speaker, I rise today in sup- cent higher among veterans when compared port of H.R. 2345, the National Suicide I am proud to support H.R. 2345, the National Suicide Hotline Improvement to U.S. non-veteran adults. Hotline Improvement Act, and I want After adjusting for differences in age, risk for Act. to thank Mr. STEWART and the com- When a veteran is in crisis, they need suicide was 19 percent higher among male mittee leaders for the hard work in immediate assistance from the Vet- veterans when compared to U.S. non-veteran presenting this on the floor today. erans Crisis Hotline. Unfortunately, adult men. This bipartisan legislation asks the After adjusting for differences in age, risk for the current suicide hotline number can Federal Communications Commission suicide was 2.5 times higher among female be difficult to remember during a time and the Substance Abuse and Mental veterans when compared to U.S. non-veteran of need and can add minutes to getting Health Services Administration to adult women. help or, even worse, discourage vet- study the designation of a three-digit But the victims of suicide are more than erans from accessing this important dialing code similar to 911. Even 3- mere statistics. service. They are our parents, children, siblings, and year-olds can remember 911. When a H.R. 2345 would study the feasibility family is in crisis, an 800 number some- loved ones. and need of a three-digit dialing code, They are our co-workers, our peers, and our times is difficult to remember. similar to 911, for the suicide hotline. The suicide prevention and mental servicemen and women. The bill also studies the effectiveness health crisis hotline system makes it They deserve more. of the hotline for our Nation’s vet- all American because we are faced with There are many organizations and individ- erans. uals working tirelessly to ensure all of our fel- these kinds of incidences many times This study is an important step in every day. The bill also requires them low citizens receive the aid they need. recognizing suicidal thoughts as an I commend the National Suicide Prevention to perform a cost-and-benefit service emergency, providing those in need the Lifeline, a network of 161 crisis centers that analysis of using a three-digit dialing most reliable tools to get help, and provides a 24/7, toll-free hotline available to code for a national suicide prevention continuing to improve a hotline that anyone in suicidal crisis or emotional distress. and mental health crisis hotline sys- has already saved countless lives, in- There are five such centers in Texas, in- tem and examine the overall effective- cluding many veterans. cluding one in my home city of Houston. ness of the current National Suicide For these reasons, I am proud to co- The National Suicide Prevention Lifeline re- Prevention Lifeline and Veterans Crisis sponsor H.R. 2345 and support its pas- ports that it experienced an increase of 100 Line and recommend ways to improve sage. percent in calls between 2014 and 2017, re- the current system. Mrs. DINGELL. Mr. Speaker, we have vealing just how prevalent suicide has be- Each year, 45,000 Americans take no further speakers. So I would like to come. their own life, an average of 123 com- say that perhaps, today, this House can The helpline answered more than 2 million pleted suicides every day, and an addi- act together and save a life, and I urge calls in 2017, up from approximately one mil- tional 1 million-plus Americans at- my colleagues to support H.R. 2345. lion calls in 2014. In 2015 and 2016, the tempt suicide each year. While there Mr. Speaker, I yield back the balance helpline answered more than 1.5 million calls are many resources for individuals ex- of my time. each year. periencing a mental health crisis, it Mr. LANCE. Mr. Speaker, I am Those on the front lines of the suicide pre- can be difficult to find these resources pleased that this bipartisan piece of vention efforts deserve more help. during this extreme time of need. legislation has reached the floor of the H.R. 2345, the National Suicide Hotline Im- The current National Suicide Preven- House. I hope and trust that it will be provement Act, would require the Federal tion Lifeline has increased access, but voted on in an overwhelmingly bipar- Communications Commission (FCC) to coordi- the dialing code can be cumbersome to tisan fashion, and I commend the spon- nate with the Substance Abuse and Mental remember, 1–800–273–TALK. Just try to sors, a Republican and a Democrat, for Health Services Administration and consult remember dialing that many digits. working together on this needed legis- with the Department of Veterans Affairs for Unfortunately, in many States where lation. suicide prevention efforts. there are numerous entities providing Mr. Speaker, I yield back the balance The Act would lead to the examination of services, there is not always one con- of my time. the feasibility of designating a three-digit dial- solidated number to call. The National Ms. JACKSON LEE. Mr. Speaker, I rise in ing code for a national suicide prevention and Suicide Prevention Hotline Improve- support of H.R. 2345, the ‘‘National Suicide mental health crisis hotline system.

VerDate Sep 11 2014 01:02 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00004 Fmt 4634 Sfmt 9920 E:\CR\FM\K23JY7.009 H23JYPT1 dlhill on DSK3GLQ082PROD with HOUSE July 23, 2018 CONGRESSIONAL RECORD — HOUSE H6595 Further, the Act directs the FCC to study (7) The Federal Communications Commis- cess service is required to report data to the and report to Congress on the effectiveness of sion has an important role to play in the de- Commission that is, on the day before the the current National Suicide Prevention Life- ployment of broadband Internet access serv- date of enactment of this Act, required to be ice on unserved agricultural land to promote reported by the provider of broadband Inter- line, including how well it addresses the needs precision agriculture. net access service. of veterans. SEC. 3. TASK FORCE. (3) HOLD HARMLESS.—The Task Force and Mr. Speaker, our citizens and our suicide (a) DEFINITIONS.—In this section— the Commission shall not interpret the prevention centers deserve decisive action (1) the term ‘‘broadband Internet access phrase ‘‘future programs of the Commis- against suicide. service’’— sion’’, as used in subparagraphs (E) and (F) I urge my colleagues to join me in voting for (A) means a mass-market retail service by of paragraph (1), to include the universal H.R. 2345 to reduce the incidence of suicides wire or radio that provides the capability to service programs of the Commission established under section 254 of the Communica- in America. transmit data to and receive data from all or substantially all Internet endpoints, includ- tions Act of 1934 (47 U.S.C. 254). The SPEAKER pro tempore. The (4) CONSULTATION.—The Secretary, or a question is on the motion offered by ing any capabilities that are incidental to and enable the operation of the communica- designee of the Secretary, shall explain and the gentleman from New Jersey (Mr. make available to the Task Force the exper- tions service, but excluding dial-up Internet tise, data mapping information, and re- LANCE) that the House suspend the access service; and sources of the Department that the Depart- rules and pass the bill, H.R. 2345, as (B) also encompasses any service that the ment uses to identify cropland, ranchland, amended. Commission finds to be providing a func- and other areas with agricultural operations The question was taken. tional equivalent of the service described in that may be helpful in developing the rec- subparagraph (A); The SPEAKER pro tempore. In the ommendations required under paragraph (1). (2) the term ‘‘Commission’’ means the Fed- opinion of the Chair, two-thirds being (5) LIST OF AVAILABLE FEDERAL PROGRAMS eral Communications Commission; in the affirmative, the ayes have it. AND RESOURCES.—Not later than 180 days (3) the term ‘‘Department’’ means the De- Mr. LANCE. Mr. Speaker, on that I after the date of enactment of this Act, the partment of Agriculture; demand the yeas and nays. Secretary and the Commission shall jointly (4) the term ‘‘Secretary’’ means the Sec- submit to the Task Force a list of all Federal The yeas and nays were ordered. retary of Agriculture; and The SPEAKER pro tempore. Pursu- programs or resources available for the ex- (5) the term ‘‘Task Force’’ means the Task pansion of broadband Internet access service ant to clause 8 of rule XX, further pro- Force for Reviewing the Connectivity and on unserved agricultural land to assist the ceedings on this motion will be post- Technology Needs of Precision Agriculture Task Force in carrying out the duties of the poned. in the United States established under sub- Task Force. section (b). f (d) MEMBERSHIP.— (b) ESTABLISHMENT.—Not later than 1 year (1) IN GENERAL.—The Task Force shall be— PRECISION AGRICULTURE after the date of enactment of this Act, the (A) composed of not more than 15 voting CONNECTIVITY ACT OF 2018 Commission shall establish the Task Force members who shall— for Reviewing the Connectivity and Tech- (i) be selected by the Chairman of the Com- Mr. LANCE. Mr. Speaker, I move to nology Needs of Precision Agriculture in the mission, in consultation with the Secretary; suspend the rules and pass the bill United States. and (H.R. 4881) to require the Federal Com- (c) DUTIES.— (ii) include— munications Commission to establish a (1) IN GENERAL.—The Task Force shall con- (I) agricultural producers representing di- task force for meeting the connectivity sult with the Secretary, or a designee of the verse geographic regions and farm sizes, in- and technology needs of precision agri- Secretary, and collaborate with public and cluding owners and operators of farms of less private stakeholders in the agriculture and than 100 acres; culture in the United States, as amend- technology fields to— ed. (II) an agricultural producer representing (A) identify and measure current gaps in tribal agriculture; The Clerk read the title of the bill. the availability of broadband Internet access (III) Internet service providers, including The text of the bill is as follows: service on agricultural land; regional or rural fixed and mobile broadband H.R. 4881 (B) develop policy recommendations to Internet access service providers and tele- promote the rapid, expanded deployment of Be it enacted by the Senate and House of Rep- communications infrastructure providers; broadband Internet access service on resentatives of the United States of America in (IV) representatives from the electric coop- unserved agricultural land, with a goal of Congress assembled, erative industry; achieving reliable capabilities on 95 percent (V) representatives from the satellite in- SECTION 1. SHORT TITLE. of agricultural land in the United States by dustry; This Act may be cited as the ‘‘Precision 2025; (VI) representatives from precision agri- Agriculture Connectivity Act of 2018’’. (C) promote effective policy and regulatory culture equipment manufacturers, including SEC. 2. FINDINGS. solutions that encourage the adoption of drone manufacturers, manufacturers of au- Congress finds the following: broadband Internet access service on farms tonomous agricultural machinery, and man- (1) Precision agriculture technologies and and ranches and promote precision agri- ufacturers of farming robotics technologies; practices allow farmers to significantly in- culture; (VII) representatives from State and local crease crop yields, eliminate overlap in oper- (D) recommend specific new rules or governments; and ations, and reduce inputs such as seed, fer- amendments to existing rules of the Com- (VIII) representatives with relevant exper- tilizer, pesticides, water, and fuel. mission that the Commission should issue to tise in broadband network data collection, (2) These technologies allow farmers to achieve the goals and purposes of the policy geospatial analysis, and coverage mapping; collect data in real time about their fields, recommendations described in subparagraph and automate field management, and maximize (B); (B) fairly balanced in terms of tech- resources. (E) recommend specific steps that the nologies, points of view, and fields rep- (3) Studies estimate that precision agri- Commission should take to obtain reliable resented on the Task Force. culture technologies can reduce agricultural and standardized data measurements of the (2) PERIOD OF APPOINTMENT; VACANCIES.— operation costs by up to 25 dollars per acre availability of broadband Internet access (A) IN GENERAL.—A member of the Task and increase farm yields by up to 70 percent service as may be necessary to target fund- Force appointed under paragraph (1)(A) shall by 2050. ing support, from future programs of the serve for a single term of 2 years. (4) The critical cost savings and produc- Commission dedicated to the deployment of (B) VACANCIES.—Any vacancy in the Task tivity benefits of precision agriculture can- broadband Internet access service, to Force— not be realized without the availability of re- unserved agricultural land in need of (i) shall not affect the powers of the Task liable broadband Internet access service de- broadband Internet access service; and Force; and livered to the agricultural land of the United (F) recommend specific steps that the (ii) shall be filled in the same manner as States. Commission should consider to ensure that the original appointment. (5) The deployment of broadband Internet the expertise of the Secretary and available (3) EX-OFFICIO MEMBER.—The Secretary, or access service to unserved agricultural land farm data are reflected in future programs of a designee of the Secretary, shall serve as an is critical to the United States economy and the Commission dedicated to the infrastruc- ex-officio, nonvoting member of the Task to the continued leadership of the United ture deployment of broadband Internet ac- Force. States in global food production. cess service and to direct available funding (e) REPORTS.—Not later than 1 year after (6) Despite the growing demand for to unserved agricultural land where needed. the date on which the Commission estab- broadband Internet access service on agricul- (2) NO DUPLICATE DATA REPORTING.—In per- lishes the Task Force, and annually there- tural land, broadband Internet access service forming the duties of the Commission under after, the Task Force shall submit to the is not consistently available where needed paragraph (1), the Commission shall ensure Chairman of the Commission a report, which for agricultural operations. that no provider of broadband Internet ac- shall be made public not later than 30 days

VerDate Sep 11 2014 01:02 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JY7.016 H23JYPT1 dlhill on DSK3GLQ082PROD with HOUSE H6596 CONGRESSIONAL RECORD — HOUSE July 23, 2018 after the date on which the Chairman re- businesses. Farmers are no different. the Department of Agriculture, to receives the report, that details— For them, a reliable, high-speed interview the connectivity and technology (1) the status of fixed and mobile net connection has become a necessity needs of precision agriculture in the broadband Internet access service coverage for managing their businesses effi- United States. of agricultural land; (2) the projected future connectivity needs ciently. Farmers use it to collect I believe by combining minds from of agricultural operations, farmers, and realtime data on crops, buy equipment, these two expert agencies, along with ranchers; and verify weather forecasts, and check relevant private stakeholders, the task (3) the steps being taken to accurately grain and feed prices. force will be able to offer tangible solu- measure the availability of broadband Inter- Studies estimate that the use of tions that will promote rapid, expanded net access service on agricultural land and broadband in precision agriculture can deployment of broadband in unserved the limitations of current, as of the date of increase crop yields by 70 percent by areas, creating a pathway for precision the report, measurement processes. the year 2050 and significantly reduce agriculture in our rural farmlands. (f) TERMINATION.—The Commission shall renew the Task Force every 2 years until the operation costs. Yet many people liv- b 1430 Task Force terminates on January 1, 2025. ing in this country still do not have reliable high-speed internet service. The true benefits of precision agri- SEC. 4. NO ADDITIONAL FUNDS AUTHORIZED. culture cannot be realized without the No additional funds are authorized to be The Precision Agriculture appropriated to carry out this Act. This Act Connectivity Act of 2018 would help fa- availability of reliable broadband shall be carried out using amounts otherwise cilitate the deployment of broadband internet access service. For example, authorized. to agricultural land by establishing a with broadband, farmers can use con- The SPEAKER pro tempore. Pursu- task force, led by the Federal Commu- nected tractors and other advanced ant to the rule, the gentleman from nication Commission in consultation technologies to collect field data in New Jersey (Mr. LANCE) and the gentle- with the Secretary of Agriculture. The realtime to help with crop manage- woman from Michigan (Mrs. DINGELL) task force will identify and measure ment. This type of technology helps each will control 20 minutes. gaps in the availability of broadband farmers maximize resources, which can The Chair recognizes the gentleman on agricultural lands. reduce costs and increase crop yields from New Jersey. It will also develop policy rec- by up to 70 percent by 2050, helping to maintain America’s long-term leader- GENERAL LEAVE ommendations to promote the rapid ex- Mr. LANCE. Mr. Speaker, I ask unan- panded deployment of broadband on ship in global food production. Two farming seasons ago, I drove a imous consent that all Members have 5 unserved agricultural lands and pro- tractor with GPS capabilities. My mom legislative days to revise and extend mote effective policy and regulatory was raised on a farm in northwest their remarks and insert extraneous solutions to encourage the adoption of Ohio, and, early on, my grandfather material in the RECORD on the bill. broadband on farms and ranches. still used a team of horses. My grand- The SPEAKER pro tempore. Is there Moreover, the task force will rec- father would be amazed at how straight objection to the request of the gen- ommend specific steps that the FCC the furrows I made that day were, tleman from New Jersey? should take to obtain reliable and There was no objection. standardized data on the availability of thanks to the connected tractor. I Mr. LANCE. Mr. Speaker, I yield my- broadband and make sure that such never touched the steering wheel. Be- self such time as I may consume. data is reflected in future FCC cause of broadband, the connected trac- Mr. Speaker, I am proud, today, to broadband infrastructure programs. tor was able to go down an entire row, rise in support of H.R. 4881, authored H.R. 4881 is a bipartisan, common- without human control, and place fer- by my colleagues, Digital Commerce sense bill, and I want to thank the au- tilizer in furrows within one inch of and Consumer Protection Sub- thors, Mr. LOEBSACK and Mr. LATTA, where those seeds would be planted in committee Chairman BOB LATTA and for the very hard work they have put the spring. It is technology like this Congressman DAVE LOEBSACK. into this measure. I urge my colleagues that helps farmers maximize resources New and exciting technologies are to support it today. and promote environmentally sustain- improving efficiency in nearly every Mr. Speaker, I reserve the balance of able practices. sector of our economy. Rural America my time. My bill will encourage this type of should not be left behind. Mr. LANCE. Mr. Speaker, I yield 4 technology by bringing much-needed The bill before us today focuses on minutes to the gentleman from Ohio broadband to rural, agricultural areas. the broadband needs of rural econo- (Mr. LATTA), the sponsor of the legisla- Not only do I urge my colleagues to mies, our farmers and ranchers, to help tion and the distinguished chairman of support H.R. 4881, but I would also like take advantage of precision agriculture the Digital Commerce and Consumer to quote the support of FCC Commis- with improved internet access, GPS, Protection Subcommittee. sioner Carr. He said: and emerging technologies. Mr. LATTA. Mr. Speaker, I rise in In my time on the Commission, I have seen Cutting-edge innovation like the support of H.R. 4881, the Precision Ag- firsthand the difference that broadband riculture Connectivity Act, as amend- connectivity makes for America’s farmers Internet of Things, drones, and self- and ranchers. driving machines can assist in moni- ed, to help improve high-speed toring crops, reading soil, and more. broadband access for our Nation’s He goes on to say: Precision agriculture connects rural farmers. . . . running agriculture operations today re- I represent the largest farm income- quires expertise in agronomy, technology, communities to the 21st century econ- and data analytics. Bringing all of those omy. producing district in the State of Ohio; skills together to improve crop yields and ef- This bill is a prime example of how therefore, I am fortunate to visit farms ficiency increasingly requires a high-speed the Energy and Commerce Committee across the region and learn about new broadband connection. So I am pleased to see is leading the way to close the digital technologies, like the Internet of this bill move forward and hope that it be- divide. I thank Mr. LATTA and Mr. Things equipment, that are helping to comes law. LOEBSACK for their good work on this improve farm productivity and sustain- Mr. Speaker, I thank the gentleman legislation. ability. for his handling of the bill today, and I Mr. Speaker, I urge my colleagues to But the unfortunate reality is that urge support of the bill. support this legislation, and I reserve lack of high-speed broadband in rural Mrs. DINGELL. Mr. Speaker, I the balance of my time. areas, specifically in farm commu- strongly support passage of this bill, Mrs. DINGELL. Mr. Speaker, I yield nities, hinders the use of advanced and I yield back the balance of my myself such time as I may consume. technologies in agriculture operations. time. Mr. Speaker, I rise to support H.R. That is why I introduced H.R. 4881, Mr. LANCE. Mr. Speaker, I hope that 4881, the Precision Agriculture along with my friend, the gentleman everyone supports this bill, and I yield Connectivity Act of 2018. from Iowa (Mr. LOEBSACK). back the balance of my time. Access to broadband internet service Our bill would require the Federal The SPEAKER pro tempore. The is essential for participating in modern Communications Commission to estab- question is on the motion offered by American life for both individuals and lish a task force, in collaboration with the gentleman from New Jersey (Mr.

VerDate Sep 11 2014 01:02 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JY7.006 H23JYPT1 dlhill on DSK3GLQ082PROD with HOUSE July 23, 2018 CONGRESSIONAL RECORD — HOUSE H6597 LANCE) that the House suspend the shals Service) for service of process, collection for efforts to facilitate pirate radio rules and pass the bill, H.R. 4881, as tion of fines or forfeitures, seizures of equip- broadcasting.’’. amended. ment, and enforcement of orders. SEC. 3. NO ADDITIONAL FUNDS AUTHORIZED. The question was taken. ‘‘(e) ENFORCEMENT SWEEPS.— No additional funds are authorized to be ‘‘(1) ANNUAL SWEEPS.—Not less than once appropriated to carry out this Act or the The SPEAKER pro tempore. In the each year, the Commission shall assign ap- opinion of the Chair, two-thirds being amendment made by this Act. This Act and propriate enforcement personnel to focus the amendment made by this Act shall be in the affirmative, the ayes have it. specific and sustained attention on the carried out using amounts otherwise author- Mr. LANCE. Mr. Speaker, on that I elimination of pirate radio broadcasting ized. demand the yeas and nays. within the top five radio markets identified The SPEAKER pro tempore. Pursu- as prevalent for such broadcasts. Such effort The yeas and nays were ordered. ant to the rule, the gentleman from The SPEAKER pro tempore. Pursu- shall include identifying, locating, and tak- New Jersey (Mr. LANCE) and the gentle- ant to clause 8 of rule XX, further pro- ing enforcement actions designed to terminate such operations. woman from Michigan (Mrs. DINGELL) ceedings on this motion will be post- ‘‘(2) ADDITIONAL MONITORING.—Within six each will control 20 minutes. poned. months after conducting the enforcement The Chair recognizes the gentleman f sweeps required by paragraph (1), the Com- from New Jersey. mission shall conduct monitoring sweeps to GENERAL LEAVE PREVENTING ILLEGAL RADIO ascertain whether the pirate radio broad- ABUSE THROUGH ENFORCEMENT casting identified by enforcement sweeps is Mr. LANCE. Mr. Speaker, I ask unan- ACT continuing to broadcast and whether addi- imous consent that all Members may Mr. LANCE. Mr. Speaker, I move to tional pirate radio broadcasting is occurring. have 5 legislative days in which to re- ‘‘(3) NO EFFECT ON REMAINING ENFORCE- suspend the rules and pass the bill vise and extend their remarks and in- MENT.—Notwithstanding paragraph (1), the sert extraneous material in the RECORD (H.R. 5709) to amend the Communica- Commission shall not decrease or diminish tions Act of 1934 to provide for en- on the bill. the regular enforcement efforts targeted to The SPEAKER pro tempore. Is there hanced penalties for pirate radio, and pirate radio broadcast stations for other for other purposes, as amended. times of the year. objection to the request of the gentleman from New Jersey? The Clerk read the title of the bill. ‘‘(f) STATE AND LOCAL GOVERNMENT AU- The text of the bill is as follows: THORITY.—The Commission may not preempt There was no objection. any State or local law prohibiting pirate Mr. LANCE. Mr. Speaker, I yield my- H.R. 5709 radio broadcasting. self such time as I may consume. Be it enacted by the Senate and House of Rep- ‘‘(g) REVISION OF COMMISSION RULES RE- Mr. Speaker, I yield myself such time resentatives of the United States of America in QUIRED.—The Commission shall revise its as I may consume because, in my judg- Congress assembled, rules to require that, absent good cause, in ment, this is an important bill that we SECTION 1. SHORT TITLE. any case alleging a violation of subsection should all support. This Act may be cited as the ‘‘Preventing (a) or (b), the Commission shall proceed di- Illegal Radio Abuse Through Enforcement rectly to issue a ‘Notice of Apparent Liabil- The Preventing Illegal Radio Abuse Act’’ or the ‘‘PIRATE Act’’. ity’ without first issuing a ‘Notice of Unli- Through Enforcement Act, or PIRATE SEC. 2. PIRATE RADIO ENFORCEMENT ENHANCE- censed Operations’. Act, combats the very serious issue of MENTS. ‘‘(h) PIRATE RADIO BROADCASTING DATA- unlawful broadcasting, often called Title V of the Communications Act of 1934 BASE.— ‘‘pirate radio,’’ and gives the Federal (47 U.S.C. 501 et seq.) is amended by adding ‘‘(1) IN GENERAL.—Not later than 90 days Communications Commission addi- at the end the following new section: after the date of the enactment of this sec- tional powers to issue fines on any per- ‘‘SEC. 511. ENHANCED PENALTIES FOR PIRATE tion, and semi-annually thereafter, the Com- son who willfully and knowingly broad- mission shall publish a database in a clear RADIO BROADCASTING; ENFORCE- casts radio transmissions over AM or MENT SWEEPS; REPORTING. and legible format of all licensed radio sta- ‘‘(a) INCREASED GENERAL PENALTY.—Any tions operating in the AM and FM bands. FM frequencies without a license from person who willfully and knowingly does or The database shall be easily accessible from the Federal Communications Commis- causes or suffers to be done any pirate radio the Commission home page through a direct sion. broadcasting shall be subject to a fine of not link. The database shall include the fol- I thank my colleague, Congressman more than $2,000,000. lowing information: TONKO of New York, for joining me in ‘‘(b) VIOLATION OF THIS ACT, RULES, OR ‘‘(A) Each licensed station, listed by the offering this bipartisan legislation. REGULATIONS.—Any person who willfully and assigned frequency, channel number, or Com- New Jersey, where I live, has one of mission call letters. knowingly violates this Act or any rule, reg- the largest concentrations of pirate ulation, restriction, or condition made or ‘‘(B) All entities that have received a No- imposed by the Commission under authority tice of Unlicensed Operation, Notice of Ap- radio operators in the country. Pirate of this Act, or any rule, regulation, restric- parent Liability, or Forfeiture Order by the radio signals have been found to inter- tion, or condition made or imposed by any Commission. fere with the emergency alert system international radio or wire communications ‘‘(2) CLEAR IDENTIFICATION.—The Commis- and Federal Aviation Administration treaty or convention, or regulations annexed sion shall clearly identify in the database— operations, causing significant harm to thereto, to which the United States is or ‘‘(A) each licensed station as a station li- public safety. They also disrupt the may hereafter become party, relating to pi- censed by the Commission; and business of licensed broadcasters who ‘‘(B) each entity described in paragraph rate radio broadcasting shall, in addition to comply with the multitude of FCC reg- any other penalties provided by law, be sub- (1)(B) as operating without a Commission li- ject to a fine of not more than $100,000 for cense or authorization. ulations. Minority-owned broadcasters each day during which such offense occurs, ‘‘(i) DEFINITIONS.—In this section: are disproportionately harmed by pi- in accordance with the limit described in ‘‘(1) PIRATE RADIO BROADCASTING.—The rate radio operators in urban areas. subsection (a). term ‘pirate radio broadcasting’ means the Knocking down pirate radio broad- ‘‘(c) FACILITATION.—Any person who know- transmission of communications on spec- casts prevents these bad actors from ingly and intentionally facilitates pirate trum frequencies between 535 to 1705 kHz or interfering with the licensed broad- radio broadcasting shall be subject to a fine 87.7 to 108 MHz without a license issued by casters public safety officials rely on of not more than $2,000,000. the Federal Communications Commission, to transmit communications during ‘‘(d) ANNUAL REPORT.—Not later than one but does not include unlicensed operations in year after the date of enactment of the PI- compliance with part 15 of title 47, Code of times of emergency. These unlawful RATE Act, and annually thereafter, the Federal Regulations. broadcasts are interfering with the Commission shall submit to the House Com- ‘‘(2) FACILITATES.—The term ‘facilitates’ news and information programming mittee on Energy and Commerce and the means providing access to property (and im- people count on and needlessly clog- Senate Committee on Commerce, Science, provements thereon) or providing physical ging the information highway at im- and Transportation a report summarizing goods or services, including providing hous- portant times. the implementation of this section and asso- ing, facilities, or financing, that directly aid It is time to take these pirates off ciated enforcement activities for the pre- pirate radio broadcasting. the air by hiking the penalties and vious fiscal year, which may include the ef- ‘‘(3) KNOWINGLY AND INTENTIONALLY.—The forts by the Commission to enlist the co- term ‘knowingly and intentionally’ means working with the Federal Communica- operation of Federal, State, and local law en- the person was previously served by the tions Commission on enforcement. forcement personnel (including United Commission with a notice of unlicensed op- Chairman Pai and Commissioner States Attorneys and the United States Mar- erations, notice of apparent liability, or cita- O’Rielly have been able partners in

VerDate Sep 11 2014 04:38 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.013 H23JYPT1 dlhill on DSK3GLQ082PROD with HOUSE H6598 CONGRESSIONAL RECORD — HOUSE July 23, 2018 making sure these broadcasts are State and local prosecutors can be (H.R. 3728) to amend title VII of the stopped. This bill will give the FCC partners in this effort. The bill ensures Public Health Service Act to reauthor- even more tools to take down these il- that laws prohibiting pirate broad- ize certain programs relating to the legal broadcasts. casters enacted by States and cities are health professions workforce, and for This act increases fines tenfold for il- not preempted. other purposes, as amended. legal pirate operations to $100,000 in an H.R. 5709 is a bipartisan, common- The Clerk read the title of the bill. effort to boost the deterrent against sense bill. And, yes, I agree with my The text of the bill is as follows: these broadcasts. colleague here about what a good bill H.R. 3728 The bill further holds those who fa- this is. I thank the authors, Mr. LANCE Be it enacted by the Senate and House of Rep- cilitate pirate operations liable, while and Mr. TONKO, for the very hard work resentatives of the United States of America in also streamlining the enforcement they put into this measure, and I urge Congress assembled, process. It also takes a further step in my colleagues to support it today. SECTION 1. SHORT TITLE. instituting enforcement sweeps by re- Mr. Speaker, I reserve the balance of This Act may be cited as the ‘‘Educating quiring the FCC to conduct biannual my time. Medical Professionals and Optimizing Work- enforcement sweeps in the top five Mr. LANCE. Mr. Speaker, I am force Efficiency and Readiness Act of 2018’’ radio markets with significant illegal pleased to yield 3 minutes to the gen- or the ‘‘EMPOWER Act of 2018’’. pirate operations, which would include SEC. 2. REAUTHORIZATION OF HEALTH PROFES- tleman from Florida (Mr. BILIRAKIS), a SIONS WORKFORCE PROGRAMS. the New Jersey and major New York member of the Energy and Commerce media market. (a) CENTERS OF EXCELLENCE.—Subsection Committee. (i) of section 736 of the Public Health Service I commend Chairman Pai for his Mr. BILIRAKIS. Mr. Speaker, as Act (42 U.S.C. 293) is amended to read as fol- leadership on this issue. Since 2017, the members of the Communications and lows: FCC has significantly cracked down on Technology Subcommittee, we have ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— this illegal activity, and this bill will heard of the impact pirate radio opera- To carry out this section, there is authorized ensure future commissions continue tors have had on the authorized radio to be appropriated $23,711,000 for each of fiscal years 2019 through 2023.’’. this rigorous enforcement, helping to community. ensure that these illegal operators stay (b) HEALTH PROFESSIONS TRAINING FOR DI- There have also been instances in VERSITY.—Section 740 of the Public Health off the air. which emergency service communica- The issue of pirate radio operators is Service Act (42 U.S.C. 293d) is amended— tions have been hindered because of (1) in subsection (a), by striking a more pressing public issue than it their illegal operators, including off ‘‘$51,000,000 for fiscal year 2010, and such seems. We have to clean up the air- the Gulf Coast of Florida. In Florida, sums as may be necessary for each of the fis- waves to make way for public safety we have worked closely with local law cal years 2011 through 2014’’ and inserting announcements, Federal Aviation Ad- enforcement to identify and shut down ‘‘$48,970,000 for each of fiscal years 2019 ministration conversations, and other through 2023’’; important information. Radio fre- pirate radio operators, as well as con- (2) in subsection (b), by striking ‘‘$5,000,000 quencies are not toys for unlicensed fiscate their equipment. for each of the fiscal years 2010 through 2014’’ broadcasters. However, I have heard from the Fed- and inserting ‘‘$1,190,000 for each of fiscal Mr. Speaker, I urge all Members to eral Communications Commission years 2019 through 2023’’; and support this important legislation, and countless times that, on a Federal (3) in subsection (c), by striking level, there is limited authority to ‘‘$60,000,000 for fiscal year 2010 and such sums I reserve the balance of my time. as may be necessary for each of the fiscal Mrs. DINGELL. Mr. Speaker, I yield crack down on these operators and prevent their reestablishment. The PI- years 2011 through 2014’’ and inserting myself such time as I may consume. ‘‘$14,189,000 for each of fiscal years 2019 Mr. Speaker, I rise to support H.R. RATE Act will help give teeth to FCC through 2023’’. 5709, the Preventing Illegal Radio enforcement of illegal radio operators. (c) PRIMARY CARE TRAINING AND ENHANCE- Abuse Through Enforcement Act, oth- By hitting them in their pocketbook, MENT.—Section 747(c)(1) of the Public Health erwise known as the PIRATE Act. the FCC can better stop these illegal Service Act (42 U.S.C. 293k(c)(1)) is amended Unauthorized radio operators, called actors for good. The recent success we by striking ‘‘$125,000,000 for fiscal year 2010, pirate broadcasters, are a growing have had in Florida proves the need for and such sums as may be necessary for each threat to the public airwaves. Not only stronger penalties on these bad actors. of fiscal years 2011 through 2014’’ and insert- do they cause an annoyance by inter- The PIRATE Act will help give teeth ing ‘‘$48,924,000 for each of fiscal years 2019 through 2023’’. to the FCC enforcement of illegal radio fering with news and entertainment (d) TRAINING IN GENERAL, PEDIATRIC, AND programs of legitimate broadcasters, operators. For this reason, I am proud PUBLIC HEALTH DENTISTRY.—Section 748(f) of but they pose a serious risk in time of to cosponsor H.R. 5709, and I support the Public Health Service Act (42 U.S.C. emergencies by preventing the public its passage. 293k–2(f)) is amended by striking ‘‘$30,000,000 from hearing critical public safety Mrs. DINGELL. Mr. Speaker, once for fiscal year 2010 and such sums as may be alerts and messages. And they put again, I urge my colleagues to support necessary for each of fiscal years 2011 their own listeners at risk because H.R. 5709, and I yield back the balance through 2015’’ and inserting ‘‘$40,673,000 for they are not equipped to carry these of my time. each of fiscal years 2019 through 2023’’. (e) AREA HEALTH EDUCATION CENTERS.— messages. Mr. LANCE. Mr. Speaker, I yield Section 751(j)(1) of the Public Health Service They may also interfere with the back the balance of my time. Act (42 U.S.C. 294a(j)(1)) is amended by strik- communication channels of important The SPEAKER pro tempore. The ing ‘‘$125,000,000 for each of the fiscal years agencies like the Federal Aviation Ad- question is on the motion offered by 2010 through 2014’’ and inserting ‘‘$38,250,000 ministration. the gentleman from New Jersey (Mr. for each of fiscal years 2019 through 2023’’. The FCC has stepped up its enforce- LANCE) that the House suspend the (f) NATIONAL CENTER FOR HEALTHCARE ment against pirate broadcasters, but rules and pass the bill, H.R. 5709, as WORKFORCE ANALYSIS.— we can do more. The bill before us amended. (1) IN GENERAL.—Section 761(e)(1)(A) of the today increases the fines that can be Public Health Service Act (42 U.S.C. The question was taken; and (two- 294n(e)(1)(A)) is amended by striking levied against pirate broadcasters from thirds being in the affirmative) the ‘‘$7,500,000 for each of fiscal years 2010 $10,000 per day, currently, to $100,000 rules were suspended and the bill, as through 2014’’ and inserting ‘‘$5,663,000 for per day. It also sets a maximum pen- amended, was passed. each of fiscal years 2019 through 2023’’. alty of $2 million for pirate broad- A motion to reconsider was laid on (2) TECHNICAL CORRECTION.—Section casters and those that knowingly and the table. 761(e)(2) of the Public Health Service Act (42 U.S.C. 294n(e)(2)) is amended by striking intentionally facilitate pirate broad- f casters. ‘‘subsection (a)’’ and inserting ‘‘paragraph The bill also ensures that the FCC EDUCATING MEDICAL PROFES- (1)’’. continues its sustained enforcement ef- SIONALS AND OPTIMIZING (g) PUBLIC HEALTH WORKFORCE.—Section 770(a) of the Public Health Service Act (42 forts on pirate broadcasters, while bal- WORKFORCE EFFICIENCY AND READINESS ACT OF 2018 U.S.C. 295e(a)) is amended by striking ancing the other important missions of ‘‘$43,000,000 for fiscal year 2011, and such the enforcement bureau and its field Mr. BURGESS. Mr. Speaker, I move sums as may be necessary for each of the fis- staff. to suspend the rules and pass the bill cal years 2012 through 2015’’ and inserting

VerDate Sep 11 2014 01:02 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.014 H23JYPT1 dlhill on DSK3GLQ082PROD with HOUSE July 23, 2018 CONGRESSIONAL RECORD — HOUSE H6599 ‘‘$17,000,000 for each of fiscal years 2019 hospitals, post-acute care, nursing homes, behalf of an eligible individual unless the eli- through 2023’’. federally qualified health centers, and home gible entity— SEC. 3. EDUCATION AND TRAINING RELATING TO and community-based services; ‘‘(A) submits to the Secretary an applica- GERIATRICS. ‘‘(D) emphasize education and engagement tion, at such time, in such manner, and con- Section 753 of the Public Health Service of family caregivers on disease self-manage- taining such information as the Secretary Act (42 U.S.C. 294c) is amended to read as fol- ment, medication management, and stress may require, and the Secretary approves lows: reduction strategies; such application; ‘‘SEC. 753. EDUCATION AND TRAINING RELATING ‘‘(E) provide training to the health care ‘‘(B) provides, in such form and manner as TO GERIATRICS. workforce on disease self-management, moti- the Secretary may require, assurances that ‘‘(a) GERIATRICS WORKFORCE ENHANCEMENT vational interviewing, medication manage- the eligible individual on whose behalf an ap- ment, and stress reduction strategies; plication was submitted under subparagraph PROGRAMS.— ‘‘(F) provide training to the health care (A) will meet the service requirement de- ‘‘(1) IN GENERAL.—The Secretary shall award grants or contracts under this sub- workforce on social determinants of health scribed in paragraph (7); and section to entities described in paragraph (1), in order to better address the geriatric ‘‘(C) provides, in such form and manner as (3), or (4) of section 799B, section 801(2), or health care needs of diverse populations; the Secretary may require, assurances that section 865(d), or other health professions ‘‘(G) integrate geriatrics competencies and such individual has a full-time faculty ap- interprofessional collaborative practice into pointment in an accredited health profes- schools or programs approved by the Sec- health care education and training curricula sions school or graduate program and docu- retary, for the establishment or operation of for residents, fellows, and students; mented commitment from such school or geriatrics workforce enhancement programs ‘‘(H) substantially benefit rural or under- program to spend 75 percent of the total time that meet the requirements of paragraph (2). served populations of older adults; of such individual on teaching and devel- ‘‘(2) REQUIREMENTS.—A geriatrics work- ‘‘(I) integrate behavioral health com- oping skills in interprofessional education in force enhancement program meets the re- petencies into primary care practice, espe- geriatrics. quirements of this paragraph if such pro- cially with respect to elder abuse, pain man- ‘‘(4) REQUIREMENTS.—In awarding grants gram supports the development of a health agement, and advance care planning; or under this subsection, the Secretary— care workforce that maximizes patient and ‘‘(J) offer short-term intensive courses ‘‘(A) shall give priority to eligible entities family engagement and improves health out- that— that apply on behalf of eligible individuals comes for older adults by integrating geri- ‘‘(i) focus on geriatrics, gerontology, who are on the faculty of institutions that atrics with primary care and other appro- chronic care management, and long-term integrate geriatrics education, training, and priate specialties. Special emphasis should care that provide supplemental training for best practices into academic program cri- be placed on providing the primary care faculty members in medical schools and teria; workforce with the knowledge and skills to other health professions schools or graduate ‘‘(B) may give priority to eligible entities care for older adults and collaborating with programs in psychology, pharmacy, nursing, that operate a geriatrics workforce enhance- community partners to address gaps in social work, dentistry, public health, allied ment program under subsection (a); health care for older adults through indi- health, or other health disciplines, as ap- ‘‘(C) shall ensure that grants are equitably vidual, system, community, and population proved by the Secretary; and distributed across the various geographical level changes. Areas of programmatic focus ‘‘(ii) are open to current faculty, and ap- regions of the United States, including rural may include the following: propriately credentialed volunteer faculty and underserved areas; ‘‘(A) Transforming clinical training envi- and practitioners, to upgrade their knowl- ‘‘(D) shall pay particular attention to geri- ronments to integrated geriatrics and pri- edge and clinical skills for the care of older atrics health care workforce needs among mary care delivery systems to ensure train- adults and adults with functional and cog- underserved populations and rural areas; and ees are well prepared to practice in and lead nitive limitations and to enhance their ‘‘(E) may not require an eligible indi- in such systems. interdisciplinary teaching skills. vidual, or an eligible entity applying on be- ‘‘(B) Developing providers who can assess ‘‘(b) GERIATRIC ACADEMIC CAREER half of an eligible individual, to be a recipi- and address the needs and preferences of AWARDS.— ent of a grant or contract under this part. older adults and their families and care- ‘‘(1) ESTABLISHMENT OF PROGRAM.—The ‘‘(5) MAINTENANCE OF EFFORT.—An eligible givers at the individual, community, and Secretary shall establish a program to pro- entity receiving an award under paragraph population levels. vide Geriatric Academic Career Awards to (1) on behalf of an eligible individual shall ‘‘(C) Creating and delivering community- eligible entities applying on behalf of eligi- provide assurances to the Secretary that based programs that will provide older ble individuals to promote the career devel- funds provided to such individual under this adults and their families and caregivers with opment of such individuals as academic geri- subsection will be used only to supplement, the knowledge and skills to improve health atricians or other academic geriatrics health not to supplant, the amount of Federal, outcomes and the quality of care for such professionals. State, and local funds otherwise expended by adults. ‘‘(2) ELIGIBILITY.— such individual. ‘‘(D) Providing Alzheimer’s disease and re- ‘‘(A) ELIGIBLE ENTITY.—For purposes of ‘‘(6) AMOUNT AND TERM.— lated dementias (ADRD) education to the this subsection, the term ‘eligible entity’ ‘‘(A) AMOUNT.—The amount of an award families and caregivers of older adults, di- means— under this subsection for eligible individuals rect care workers, health professions stu- ‘‘(i) an entity described in paragraph (1), who are physicians shall equal $100,000 for dents, faculty, and providers. (3), or (4) of section 799B or section 801(2); or fiscal year 2017, adjusted for subsequent fis- ‘‘(3) DURATION.—The Secretary shall award ‘‘(ii) an accredited health professions cal years to reflect the increase in the Con- grants and contracts under paragraph (1) for school or graduate program approved by the sumer Price Index. The Secretary shall de- a period not to exceed five years. Secretary. termine the amount of an award under this ‘‘(4) APPLICATION.—To be eligible to receive ‘‘(B) ELIGIBLE INDIVIDUAL.—For purposes of subsection for individuals who are not physi- a grant or contract under paragraph (1), an this subsection, the term ‘eligible individual’ cians. entity described in such paragraph shall sub- means an individual who— ‘‘(B) TERM.—The term of any award made mit to the Secretary an application at such ‘‘(i) is board certified in internal medicine, under this subsection shall not exceed 5 time, in such manner, and containing such family practice, psychiatry, or licensed den- years. information as the Secretary may require. tistry, or has completed any required train- ‘‘(7) SERVICE REQUIREMENT.—An eligible in- ‘‘(5) EQUITABLE GEOGRAPHIC DISTRIBUTION.— ing in a discipline and is employed in an ac- dividual on whose behalf an application was The Secretary may award grants and con- credited health professions school or grad- submitted and approved under paragraph tracts under paragraph (1) in a manner which uate program that is approved by the Sec- (3)(A) shall provide training in clinical geri- will equitably distribute such grants and retary; atrics or gerontology, including the training contracts among the various regions of the ‘‘(ii) has completed an approved fellowship of interprofessional teams of health care pro- United States. program in geriatrics or gerontology, or has fessionals. ‘‘(6) PRIORITY.—In awarding grants and completed specialty training in geriatrics or ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— contracts under paragraph (1), the Secretary gerontology as required by the discipline and To carry out this section, there is authorized may give priority to programs that— any additional geriatrics or gerontology to be appropriated $40,737,000 for each of fis- ‘‘(A) have the goal of improving and pro- training as required by the Secretary; and cal years 2019 through 2023. Notwithstanding viding comprehensive coordinated care of ‘‘(iii) has a junior (non-tenured) faculty ap- the preceding sentence, no funds shall be older adults, including medical, dental, and pointment at an accredited school of made available to carry out subsection (b) psychosocial needs; allopathic medicine, osteopathic medicine, for a fiscal year unless the amount made ‘‘(B) support the training and retraining of nursing, social work, psychology, dentistry, available to carry out this section for such faculty, preceptors, primary care providers, pharmacy, or other allied health disciplines fiscal year is more than the amount made available to carry out this section for fiscal and providers in other specialties to increase in an accredited health professions school or year 2017.’’. their knowledge of geriatrics and geron- graduate program that is approved by the tology; Secretary. The SPEAKER pro tempore (Mr. ‘‘(C) provide clinical experiences across ‘‘(3) LIMITATIONS.—An eligible entity may BACON). Pursuant to the rule, the gen- care settings, including ambulatory care, not receive an award under paragraph (1) on tleman from Texas (Mr. BURGESS) and

VerDate Sep 11 2014 01:02 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JY7.009 H23JYPT1 dlhill on DSK3GLQ082PROD with HOUSE H6600 CONGRESSIONAL RECORD — HOUSE July 23, 2018 the gentleman from Texas (Mr. GENE atrics Workforce Enhancement Pro- that is what this bill, today, purports GREEN) each will control 20 minutes. gram and the Geriatric Academic Ca- to do. The Chair recognizes the gentleman reer Award. With an aging population, Mr. Speaker, this is an important from Texas (Mr. BURGESS). our workforce needs to be adequately bill. It is long overdue. I urge all Mem- b 1445 trained in handling the unique needs of bers to support the bill, and I yield our seniors. These two programs enable back the balance of my time. GENERAL LEAVE physicians and other providers to The SPEAKER pro tempore. The Mr. BURGESS. Mr. Speaker, I ask achieve that training. question is on the motion offered by unanimous consent that all Members Lastly, I want to thank Representa- the gentleman from Texas (Mr. BUR- may have 5 legislative days in which to tives SCHAKOWSKY and BUCSHON and GESS) that the House suspend the rules revise and extend their remarks and in- their staffs and the majority and mi- and pass the bill, H.R. 3728, as amend- sert extraneous material into the nority staffs on the Energy and Com- ed. RECORD on the bill. merce Committee for their work on The question was taken; and (two- The SPEAKER pro tempore. Is there this legislation. thirds being in the affirmative) the objection to the request of the gen- Reauthorizing title VII programs is rules were suspended and the bill, as tleman from Texas? long overdue, especially in a time amended, was passed. There was no objection. where our existing physician workforce A motion to reconsider was laid on Mr. BURGESS. Mr. Speaker, I yield is struggling to keep up with the de- the table. myself such time as I may consume. mands for healthcare services. I urge f Mr. Speaker, as the author of the strong support of the legislation, and I Educating Medical Professionals and DR. BENJY FRANCES BROOKS reserve the balance of my time. CHILDREN’S HOSPITAL GME SUP- Optimizing Workforce Efficiency and Mr. GENE GREEN of Texas. Mr. Readiness Act of 2018, I rise in strong PORT REAUTHORIZATION ACT OF Speaker, I yield myself such time as I 2018 support of this bill. H.R. 3728 moved may consume. with strong bipartisan support through Mr. Speaker, I rise in support of H.R. Mr. BURGESS. Mr. Speaker, I move regular order in the full Energy and 3728, the Educating Medical Profes- to suspend the rules and pass the bill Commerce Committee and the sub- sionals and Optimizing Workforce Effi- (H.R. 5385) to amend the Public Health committee, which I chair. This legisla- ciency and Readiness Act, the EM- Service Act to reauthorize the program tion reauthorizes the title VII health POWER Act. of payments to children’s hospitals professions workforce program for fis- I thank the main sponsors of the that operate graduate medical edu- cal years 2019 through 2023. bill—Representative and Chair MI- cation programs, and for other pur- Title VII programs have expired but CHAEL BURGESS, Representative JAN poses, as amended. have continued to receive appropria- SCHAKOWSKY, and Representative The Clerk read the title of the bill. The text of the bill is as follows: tions. In fact, in fiscal year 2018, the LARRY BUCSHON—for their work on this appropriations levels for the program important bill. H.R. 5385 actually increased. Reauthorizing This legislation will reauthorize title Be it enacted by the Senate and House of Rep- these physician workforce programs VII health professional workforce pro- resentatives of the United States of America in Congress assembled, will provide much-needed stability for grams under the Public Health Service those who depend upon this funding. SECTION 1. SHORT TITLE. Act that support loan repayment and This Act may be cited as the ‘‘Dr. Benjy Title VII of the Public Health Service provider training experiences in pri- Frances Brooks Children’s Hospital GME Act includes various programs that are mary care, dentistry, rural, and under- Support Reauthorization Act of 2018’’. vital to building and maintaining a served areas. SEC. 2. PROGRAM OF PAYMENTS TO CHILDREN’S well-educated, well-trained physician These programs include the Centers HOSPITALS THAT OPERATE GRAD- workforce. of Excellence, the Health Professions UATE MEDICAL EDUCATION PRO- The EMPOWER Act reauthorizes GRAMS. Training for Diversity Program, Pri- Section 340E of the Public Health Service funding for the Area Health Education mary Care Training and Enhancement Act (42 U.S.C. 256e) is amended— Centers at more than $38 million a grants, and Training in General, Pedi- (1) in subsection (a), by striking ‘‘and each year. These centers are critical in pro- atric, and Public Health Dentistry of fiscal years 2014 through 2018,’’ and insert- viding both medical education and grants. ing ‘‘each of fiscal years 2014 through 2018, healthcare services to medically under- Investing in these programs helps en- and each of fiscal years 2019 through 2023,’’; served areas. sure the availability of providers who (2) in subsection (b)(3)(D), by inserting The bill also reauthorizes programs are increasingly in demand across the ‘‘and the end of fiscal year 2022,’’ after ‘‘fiscal year 2018,’’; and that incentivize diversity in the physi- country. These grants help support the cian workforce, including the Centers (3) in subsection (f)— health professional workforce by im- (A) in paragraph (1)(A)— of Excellence Program, which this bill proving the diversity and distribution (i) in clause (iv), by striking ‘‘; and’’ and authorizes at a level of $23 million per and supply of health professionals with inserting a semicolon; year. This particular program provides an emphasis on primary care and inter- (ii) in clause (v), by striking the period at grants to medical schools that have a disciplinary education and training. the end and inserting ‘‘; and’’; and disproportionate number of minority This legislation will also boost train- (iii) by adding at the end the following: students for the purpose of expanding ing for geriatric providers who are ‘‘(vi) for each of fiscal years 2019 through the schools’ capacity or to improve needed to respond to our aging work- 2023, $105,000,000.’’; and curriculum. (B) in paragraph (2)— force. (i) in subparagraph (D), by striking ‘‘; and’’ Primary care is an important aspect I ask my colleagues to join me in and inserting a semicolon; of our Nation’s healthcare system and voting for this important piece of legis- (ii) in subparagraph (E), by striking the pe- how many Americans receive the ma- lation that will continue support for riod at the end and inserting ‘‘; and’’; and jority of their healthcare services. H.R. our Nation’s health professions work- (iii) by adding at the end the following: 3728 reauthorizes funding for our Pri- force programs. ‘‘(F) for each of fiscal years 2019 through mary Care Training and Enhancement I yield back the balance of my time. 2023, $220,000,000.’’. Program at more than $48 million per Mr. BURGESS. Mr. Speaker, I yield The SPEAKER pro tempore. Pursu- year. This program provides grants to myself the balance of my time. ant to the rule, the gentleman from hospitals and health professional Mr. Speaker, I would just point out Texas (Mr. BURGESS) and the gen- schools to develop and operate supple- that reauthorizing these title VII pro- tleman from Texas (Mr. GENE GREEN) mental primary care training programs is long overdue. The House of each will control 20 minutes. grams. Representatives in the last Congress, The Chair recognizes the gentleman Lastly, this bill aims to strengthen the 114th Congress, did provide the re- from Texas (Mr. BURGESS). our workforce that cares for the geri- authorization. It never made it GENERAL LEAVE atric population. The bill makes through the other body, unfortunately. Mr. BURGESS. Mr. Speaker, I ask strides toward modernizing the Geri- It is time to do that work now, and unanimous consent that all Members

VerDate Sep 11 2014 02:37 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.017 H23JYPT1 dlhill on DSK3GLQ082PROD with HOUSE July 23, 2018 CONGRESSIONAL RECORD — HOUSE H6601 may have 5 legislative days in which to periencing vacancies longer than 12 Physicians receiving training in one revise and extend their remarks and in- months. of the 58 freestanding children’s hos- sert extraneous material in the RECORD The workforce shortage is something pitals in 29 States go on to serve in the on the bill. that I am concerned about, and that is rural and other underserved areas, The SPEAKER pro tempore. Is there why passing this legislation is an inte- helping to alleviate the pediatric work- objection to the request of the gen- gral part of maintaining and sustaining force shortage impacting communities tleman from Texas? our workforce. throughout America. There was no objection. In 2016, Children’s Hospital Graduate The CHGME program is needed now Mr. BURGESS. Mr. Speaker, I yield Medical Education funding helped to more than ever to help train the pedi- myself such time as I may consume. support over 7,000 residents at 58 hos- atric workforce that will be required to Mr. Speaker, today we are consid- pitals across the country. meet the needs of our children and our ering H.R. 5385, the Dr. Benjy Frances Mr. GREEN and I agreed to name this grandchildren. Our legislation will re- Brooks Children’s Hospital Graduate bill after Dr. Benjy Frances Brooks, authorize the CHGME program for 5 Medical Education Support Reauthor- who was born and raised in my district years at $325 million, and a $25 million ization Act of 2018. This bill, which was in north Texas, in Lewisville, Texas. increase over current levels. The cur- submitted by Representative GENE Dr. Brooks went on to become the first rent authorization will expire at the GREEN and myself, reauthorizes the female pediatric surgeon in the State end of September, so it is imperative Children’s Hospital Graduate Medical and to establish pediatric surgery as a that we reauthorize this important Education programs at $325 million per separate division at the University of program. year for the fiscal years 2019 through Texas Medical School at Houston. It is Our bipartisan legislation has 57 co- 2023. This is an increase of $10 million an honor to move this bill in Dr. sponsors, nearly equally divided be- above the enacted fiscal year 2018 level. Brooks’ name. tween Democrats and Republicans. In Our children deserve the best care This bill recently moved through reg- addition, this legislation has strong available to them, and ensuring that ular order in the Energy and Commerce support from outside stakeholders, the we have an adequately prepared work- Committee and its Subcommittee on American Hospital Association, and force is the first step in providing qual- Health. the Children’s Hospital Association. ity healthcare to children. Passing Congress created the Children’s Hos- I thank Dr. BURGESS and all our col- pital Graduate Medical Education pro- H.R. 5385 is vital to the maintenance and growth of this workforce and to leagues on the Energy and Commerce gram in 1999 as part of the Healthcare Committee for their hard work and Research and Quality Act, which au- the health of our Nation’s children. I urge support of this legislation, and support for this important legislation, thorized funding to directly support I reserve the balance of my time. and I ask for all Members to join us in medical residency training at chil- Mr. GENE GREEN of Texas. Mr. support of the Dr. Benjy Frances dren’s hospitals for 2 years. Speaker, I yield myself such time as I Brooks Children’s Hospital GME Sup- Prior to the establishment of Chil- may consume. port Reauthorization Act of 2018. dren’s Hospital Graduate Medical Edu- Mr. Speaker, I rise today in support Mr. Speaker, I reserve the balance of cation, children’s hospitals received of H.R. 5385, the Dr. Benjy Frances my time. minimal graduate medical education Brooks Children’s Hospital GME Sup- Mr. BURGESS. Mr. Speaker, I yield funding because Medicare is the pri- port Reauthorization Act of 2018. as much time as he may consume to mary funding source of graduate med- I am proud to introduce this legisla- the gentleman from Oregon (Mr. WAL- ical education programs, and children’s tion that will reauthorize the Chil- DEN), chairman of the full committee. hospitals have few Medicare patients. dren’s Hospital Graduate Medical Edu- Mr. WALDEN. Mr. Speaker, I want to Since the establishment of this pro- cation program with our subcommittee thank my colleagues Mr. GENE GREEN gram, Children’s Hospital Graduate chairman, Congressman MICHAEL BUR- and, certainly, Dr. BURGESS for their Medical Education funding has pro- GESS. The CHGME program was created great leadership on this issue. vided critical support to our pediatric by Congress in 1999 to provide pay- I rise is support of H.R. 5385, the Dr. workforce, which still is struggling to ments to children’s hospitals to sup- Benjy Frances Brooks Children’s HOS- keep up with the demands for their port medical residency training pro- PITAL GME Support Reauthorization services. The Children’s Hospital Grad- grams. Act of 2018, and I want to thank them uate Medical Education program is es- The Children’s Hospital GME pro- for their good work on this. pecially crucial in training pediatric gram is necessary due to how hospitals As you have heard, this reauthorizes subspecialists. typically receive support for GME payments to children’s hospitals that Children’s hospitals have a unique through Medicare, and these payments operate graduate medical education patient population with medical condi- are based on hospitals’ Medicare pa- programs, and it does so for the next 5 tions from which pediatric medical tient volume. Because the Medicare years, giving these programs great cer- residents can learn and develop critical program is used primarily by people tainty going forward. This legislation skills. The experience gained from such who are over the age of 65 and chil- will continue to enable the Nation’s a residency helps to prepare and train dren’s hospitals treat, primarily, peo- freestanding children’s hospitals to physicians for the complex reality of ple below the age of 18, children’s hos- provide education to graduates of med- pediatric medicine that they will face pitals have low Medicare patient vol- ical schools, enhance pediatric rein the future of their medical careers. ume and receive few Medicare GME search capabilities, and care for these I can say as an OB/GYN who did his payments. vulnerable and underserved children. residency at Parkland Hospital in Dal- Children’s Hospital GME funds go to- las, residency programs play a vital ward training our Nation’s pediatric b 1500 role in shaping our Nation’s physician workforce, including pediatricians and Representative GREEN and Chairman workforce. Our pediatric workforce is pediatric subspecialists, as well as BURGESS partnered to lead this bipar- no exception. other physician types in nonpediatrics, tisan bill in our committee, and they According to the Children’s Hospital focused specialists that may rotate brought about unanimous votes in both Association, almost half of children’s through children’s hospitals for a pe- the Health Subcommittee and in our hospitals reported vacancies for child riod of time during their residency. full committee. I appreciate their work and adolescent psychiatry, in addition Since its creation, the Children’s on this and thank them and their staffs to developmental pediatrics. The Chil- Hospital GME program has made it for the great work they all have done dren’s Hospital Association also re- possible for thousands of pediatricians as we work together to reauthorize ports that pediatric specialists in to receive training, including at Texas these very, very important programs. emergency medicine, physical medi- Children’s Hospital in Houston, home Mr. Speaker, I urge my colleagues to cine, rehabilitation, endocrinology, of one of the largest academic pediatric support us in this legislation from the rheumatology, hospitalists, pain man- departments in the United States, Energy and Commerce Committee. agement/palliative care, and adolescent which has a number of clinics in our Mr. GENE GREEN of Texas. Mr. medicine are frequently reported as ex- Houston area district. Speaker, we have no further speakers,

VerDate Sep 11 2014 01:29 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.020 H23JYPT1 dlhill on DSK3GLQ082PROD with HOUSE H6602 CONGRESSIONAL RECORD — HOUSE July 23, 2018 and I yield back the balance of my ‘‘(A) improves the interprofessional team- or both of the training options described in time. based training of health professionals in pal- paragraph (3). Mr. BURGESS. Mr. Speaker, I yield liative care, including residencies, ‘‘(3) TRAINING OPTIONS.—The training op- myself the balance of my time. traineeships, or fellowships; tions referred to in subparagraph (E) of para- ‘‘(B) develops and disseminates interprofes- graph (2) are as follows: I only want to point out that 2018 is sional team-based curricula relating to the ‘‘(A) 1-year retraining programs in hospice the 100-year anniversary of the birth of palliative treatment of the complex health and palliative medicine for physicians who Dr. Benjy Brooks, so it seemed an ap- problems of individuals with serious or life- are faculty at schools of medicine and osteo- propriate time to recognize her con- threatening illnesses; pathic medicine, or others determined appro- tributions to the fields of pediatric sur- ‘‘(C) supports the training and retraining priate by the Secretary. gery and medicine in general. of faculty to provide instruction in inter- ‘‘(B) 1- or 2-year training programs that Again, she was born in the town in professional team-based palliative care; are designed to provide training in inter- which I practiced medicine for a num- ‘‘(D) supports interprofessional team-based professional team-based hospice and pallia- continuing education of health professionals tive medicine for physicians who have com- ber of years. I first encountered her at who provide palliative care to patients with pleted graduate medical education programs the University of Texas Medical School serious or life-threatening illness; in any medical specialty leading to board eli- at Houston when I was a medical stu- ‘‘(E) provides students (including residents, gibility in hospice and palliative medicine dent back there in the 1970s. Surely, trainees, and fellows) with clinical training pursuant to the American Board of Medical hers is a legacy of which all Texans can in interprofessional team-based palliative Specialties. be proud. care in appropriate health settings, includ- ‘‘(4) DEFINITIONS.—For purposes of this sub- Mr. Speaker, I yield back the balance ing hospitals, hospices, home care, long-term section, the term ‘graduate medical edu- of my time. care facilities, and ambulatory care centers; cation’ means a program sponsored by a ‘‘(F) establishes traineeships for individ- school of medicine, a school of osteopathic The SPEAKER pro tempore. The uals who are preparing for advanced edu- medicine, a hospital, or a public or private question is on the motion offered by cation nursing degrees, social work degrees, institution that— the gentleman from Texas (Mr. BUR- or advanced degrees in physician assistant ‘‘(A) offers postgraduate medical training GESS) that the House suspend the rules studies, with a focus in interprofessional in the specialties and subspecialties of medi- and pass the bill, H.R. 5385, as amend- team-based palliative care in appropriate cine; and ed. health settings, including hospitals, hos- ‘‘(B) has been accredited by the Accredita- The question was taken; and (two- pices, home care, long-term care facilities, tion Council for Graduate Medical Education thirds being in the affirmative) the and ambulatory care centers; or the American Osteopathic Association ‘‘(G) supports collaboration between mul- through its Committee on Postdoctoral rules were suspended and the bill, as tiple specialty training programs (such as Training. amended, was passed. medicine, nursing, social work, physician as- A motion to reconsider was laid on ‘‘(c) PALLIATIVE MEDICINE AND HOSPICE sistant, chaplaincy, and pharmacy) and clin- ACADEMIC CAREER AWARDS.— the table. ical training sites to provide training in ‘‘(1) ESTABLISHMENT OF PROGRAM.—The f interprofessional team-based palliative care; Secretary shall establish a program to pro- and PALLIATIVE CARE AND HOSPICE vide awards, to be known as the ‘Palliative ‘‘(H) does not duplicate the activities of ex- Medicine and Hospice Academic Career EDUCATION AND TRAINING ACT isting education centers funded under this Awards’, to eligible individuals to promote Mr. WALDEN. Mr. Speaker, I move section or under section 753 or 865. the career development of such individuals to suspend the rules and pass the bill ‘‘(3) EXPANSION OF EXISTING CENTERS.— as academic hospice and palliative care phy- Nothing in this section shall be construed sicians. (H.R. 1676) to amend the Public Health to— Service Act to increase the number of ‘‘(2) ELIGIBLE INDIVIDUALS.—To be eligible ‘‘(A) prevent the Secretary from providing to receive an award under paragraph (1), an permanent faculty in palliative care at grants to expand existing education centers, individual shall— accredited allopathic and osteopathic including geriatric education centers estab- ‘‘(A) be board certified or board eligible in medical schools, nursing schools, social lished under section 753 or 865, to provide for hospice and palliative medicine; and work schools, and other programs, in- education and training focused specifically ‘‘(B) have a junior (non-tenured) faculty cluding physician assistant education on palliative care, including for non-geri- appointment at an accredited (as determined programs, to promote education and atric populations; or by the Secretary) school of medicine or os- ‘‘(B) limit the number of education centers teopathic medicine. research in palliative care and hospice, that may be funded in a community. and to support the development of fac- ‘‘(3) LIMITATIONS.—No award under para- ‘‘(b) PALLIATIVE MEDICINE PHYSICIAN graph (1) may be made to an eligible indi- ulty careers in academic palliative TRAINING.— vidual unless the individual— medicine, as amended. ‘‘(1) IN GENERAL.—The Secretary may make ‘‘(A) has submitted to the Secretary an ap- The Clerk read the title of the bill. grants to, and enter into contracts with, plication, at such time, in such manner, and The text of the bill is as follows: schools of medicine, schools of osteopathic containing such information as the Sec- H.R. 1676 medicine, teaching hospitals, and graduate retary may require, and the Secretary has medical education programs for the purpose approved such application; Be it enacted by the Senate and House of Rep- of providing support for projects that fund ‘‘(B) provides, in such form and manner as resentatives of the United States of America in the training of physicians (including resi- the Secretary may require, assurances that Congress assembled, dents, trainees, and fellows) who plan to the individual will meet the service require- SECTION 1. SHORT TITLE. teach palliative medicine. ment described in paragraph (6); and This Act may be cited as the ‘‘Palliative ‘‘(2) REQUIREMENTS.—Each project for ‘‘(C) provides, in such form and manner as Care and Hospice Education and Training which a grant or contract is made under this the Secretary may require, assurances that Act’’. subsection shall— the individual has a full-time faculty ap- SEC. 2. PALLIATIVE CARE AND HOSPICE EDU- ‘‘(A) be staffed by full-time teaching physi- pointment in a health professions institution CATION AND TRAINING. cians who have experience or training in and documented commitment from such in- (a) IN GENERAL.—Part D of title VII of the interprofessional team-based palliative med- stitution to spend a majority of the total Public Health Service Act (42 U.S.C. 294 et icine; funded time of such individual on teaching seq.) is amended by inserting after section ‘‘(B) be based in a hospice and palliative and developing skills in education in inter- 759 the following: medicine fellowship program accredited by professional team-based palliative care. ‘‘SEC. 759A. PALLIATIVE CARE AND HOSPICE EDU- the Accreditation Council for Graduate Med- ‘‘(4) MAINTENANCE OF EFFORT.—An eligible CATION AND TRAINING. ical Education; individual who receives an award under para- ‘‘(a) PALLIATIVE CARE AND HOSPICE EDU- ‘‘(C) provide training in interprofessional graph (1) shall provide assurances to the Sec- CATION CENTERS.— team-based palliative medicine through a va- retary that funds provided to the eligible in- ‘‘(1) IN GENERAL.—The Secretary shall riety of service rotations, such as consulta- dividual under this subsection will be used award grants or contracts under this section tion services, acute care services, extended only to supplement, not to supplant, the to entities described in paragraph (1), (3), or care facilities, ambulatory care and com- amount of Federal, State, and local funds (4) of section 799B, and section 801(2), for the prehensive evaluation units, hospices, home otherwise expended by the eligible indi- establishment or operation of Palliative care, and community care programs; vidual. Care and Hospice Education Centers that ‘‘(D) develop specific performance-based ‘‘(5) AMOUNT AND TERM.— meet the requirements of paragraph (2). measures to evaluate the competency of ‘‘(A) AMOUNT.—The amount of an award ‘‘(2) REQUIREMENTS.—A Palliative Care and trainees; and under this subsection shall be equal to the Hospice Education Center meets the require- ‘‘(E) provide training in interprofessional award amount provided for under section ments of this paragraph if such Center— team-based palliative medicine through one 753(c)(5)(A) for the fiscal year involved.

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‘‘(B) TERM.—The term of an award made practitioners during the term of the award, palliative care in health-related educational, under this subsection shall not exceed 5 as well as other parameters established by hospital, hospice, home, or long-term care years. the Secretary. settings. ‘‘(C) PAYMENT TO INSTITUTION.—The Sec- ‘‘(6) AMOUNT OF AWARD.—Each award under ‘‘(b) USE OF FUNDS.—An eligible entity retary shall make payments for awards paragraph (1) shall be in the amount of that receives a grant under subsection (a) under this subsection to institutions, includ- $150,000. Not more than 24 Palliative Care shall use funds under such grant to— ing schools of medicine and osteopathic med- and Hospice Education Centers may receive ‘‘(1) provide training to individuals who icine. an award under such paragraph. will provide palliative care in health-related ‘‘(6) SERVICE REQUIREMENT.—An individual ‘‘(7) MAINTENANCE OF EFFORT.—A Palliative educational, hospital, home, hospice, or who receives an award under this subsection Care and Hospice Education Center that re- long-term care settings; shall provide training in palliative care and ceives an award under paragraph (1) shall ‘‘(2) develop and disseminate curricula re- hospice, including the training of inter- provide assurances to the Secretary that lating to palliative care in health-related professional teams of health care profes- funds provided to the Center under the award educational, hospital, home, hospice, or sionals. The provision of such training shall will be used only to supplement, not to sup- long-term care settings; constitute a majority of the total funded ob- plant, the amount of Federal, State, and ‘‘(3) train faculty members in palliative ligations of such individual under the award. local funds otherwise expended by such Cen- care in health-related educational, hospital, ‘‘(d) PALLIATIVE CARE WORKFORCE DEVEL- ter. home, hospice, or long-term care settings; or OPMENT.— ‘‘(e) PALLIATIVE CARE AND HOSPICE CAREER ‘‘(4) provide continuing education to indi- ‘‘(1) IN GENERAL.—The Secretary shall INCENTIVE AWARDS.— viduals who provide palliative care in award grants or contracts under this sub- ‘‘(1) IN GENERAL.—The Secretary shall health-related educational, home, hospice, or section to entities that operate a Palliative award grants or contracts under this sub- long-term care settings. Care and Hospice Education Center pursuant section to individuals described in paragraph ‘‘(c) APPLICATION.—An eligible entity desir- to subsection (a)(1). (2) to foster greater interest among a variety ing a grant under subsection (a) shall submit ‘‘(2) APPLICATION.—To be eligible for an of health professionals in entering the field an application to the Secretary at such time, award under paragraph (1), an entity de- of palliative care. in such manner, and containing such infor- scribed in such paragraph shall submit to the ‘‘(2) ELIGIBLE INDIVIDUALS.—To be eligible mation as the Secretary may reasonably re- Secretary an application at such time, in to receive an award under paragraph (1), an quire. such manner, and containing such informa- individual shall— ‘‘(d) ELIGIBLE ENTITY.—For purposes of this tion as the Secretary may require. ‘‘(A) be an advanced practice nurse, a so- section, the term ‘eligible entity’ shall in- ‘‘(3) USE OF FUNDS.—Amounts awarded cial worker, physician assistant, pharmacist, clude a school of nursing, a health care facil- under a grant or contract under paragraph chaplain, or student of psychology who is ity, a program leading to certification as a (1) shall be used to carry out the fellowship pursuing a doctorate, masters, or other ad- certified nurse assistant, a partnership of program described in paragraph (4). vanced degree with a focus in interprofes- such a school and facility, or a partnership ‘‘(4) FELLOWSHIP PROGRAM.— sional team-based palliative care or related of such a program and facility. ‘‘(A) IN GENERAL.—Pursuant to paragraph fields in an accredited health professions ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— (3), a Palliative Care and Hospice Education school; and There are authorized to be appropriated to Center that receives an award under this ‘‘(B) submit to the Secretary an applica- subsection shall use such funds to offer carry out this section $5,000,000 for each of tion at such time, in such manner, and con- short-term intensive courses (referred to in fiscal years 2019 through 2023.’’. this subsection as a ‘fellowship’) that focus taining such information as the Secretary SEC. 4. DISSEMINATION OF PALLIATIVE CARE IN- on interprofessional team-based palliative may require. FORMATION. care that provide supplemental training for ‘‘(3) CONDITIONS OF AWARD.—As a condition Part A of title IX of the Public Health faculty members in medical schools and of receiving an award under paragraph (1), an Service Act (42 U.S.C. 299 et seq.) is amended other health professions schools with pro- individual shall agree that, following com- by adding at the end the following new sec- grams in psychology, pharmacy, nursing, so- pletion of the award period, the individual tion: cial work, physician assistant education, will teach or practice palliative care in ‘‘SEC. 904. DISSEMINATION OF PALLIATIVE CARE chaplaincy, or other health disciplines, as health-related educational, home, hospice, or INFORMATION. approved by the Secretary. Such a fellowship long-term care settings for a minimum of 5 ‘‘(a) IN GENERAL.—Under the authority shall be open to current faculty, and appro- years under guidelines established by the under section 902(a) to disseminate informa- priately credentialed volunteer faculty and Secretary. tion on health care and on systems for the practitioners, who do not have formal train- ‘‘(4) PAYMENT TO INSTITUTION.—The Sec- delivery of such care, the Director may dis- ing in palliative care, to upgrade their retary shall make payments for awards seminate information to inform patients, knowledge and clinical skills for the care of under paragraph (1) to institutions that in- families, and health professionals about the individuals with serious or life-threatening clude schools of medicine, osteopathic medi- benefits of palliative care throughout the illness and to enhance their interdisciplinary cine, nursing, social work, psychology, chap- continuum of care for patients with serious and interprofessional teaching skills. laincy or pastoral care education, dentistry, or life-threatening illness. ‘‘(B) LOCATION.—A fellowship under this and pharmacy, or other allied health dis- ‘‘(b) INFORMATION DISSEMINATED.— paragraph shall be offered either at the Pal- cipline in an accredited health professions ‘‘(1) MANDATORY INFORMATION.—If the Di- liative Care and Hospice Education Center school or program (such as a physician as- rector elects to disseminate information that is sponsoring the course, in collabora- sistant education program) that is approved under subsection (a), such dissemination tion with other Palliative Care and Hospice by the Secretary. shall include the following: Education Centers, or at medical schools, ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(A) PALLIATIVE CARE.—Information, re- schools of nursing, schools of pharmacy, There are authorized to be appropriated to sources, and communication materials about schools of social work, schools of chaplaincy carry out this section, $15,000,000 for each of palliative care as an essential part of the or pastoral care education, graduate pro- the fiscal years 2019 through 2023.’’. continuum of quality care for patients and grams in psychology, physician assistant (b) EFFECTIVE DATE.—The amendment families facing serious or life-threatening ill- education programs, or other health profes- made by this section shall be effective begin- ness (including cancer; heart, kidney, liver, sions schools approved by the Secretary with ning on the date that is 90 days after the lung, and infectious diseases; as well as which the Centers are affiliated. date of enactment of this Act. neurodegenerative disease such as dementia, ‘‘(C) CONTINUING EDUCATION CREDIT.—Par- SEC. 3. HOSPICE AND PALLIATIVE NURSING. Parkinson’s disease, or amyotrophic lateral ticipation in a fellowship under this para- (a) NURSE EDUCATION, PRACTICE, AND QUAL- sclerosis). graph shall be accepted with respect to com- ITY GRANTS.—Section 831(b)(3) of the Public ‘‘(B) PALLIATIVE CARE SERVICES.—Specific plying with continuing health profession Health Service Act (42 U.S.C. 296p(b)(3)) is information regarding the services provided education requirements. As a condition of amended by inserting ‘‘hospice and palliative to patients by professionals trained in hos- such acceptance, the recipient shall subse- nursing,’’ after ‘‘coordinated care,’’. pice and palliative care, including pain and quently provide a minimum of 18 hours of (b) PALLIATIVE CARE AND HOSPICE EDU- symptom management, support for shared voluntary instruction in palliative care con- CATION AND TRAINING PROGRAMS.—Part D of decisionmaking, care coordination, psycho- tent (that has been approved by a palliative title VIII of the Public Health Service Act social care, and spiritual care, explaining care and hospice education center) to stu- (42 U.S.C. 296p et seq.) is amended by adding that such services may be provided starting dents or trainees in health-related edu- at the end the following: at the point of diagnosis and alongside cura- cational, home, hospice, or long-term care ‘‘SEC. 832. PALLIATIVE CARE AND HOSPICE EDU- tive treatment and are intended to— settings. CATION AND TRAINING. ‘‘(i) provide patient-centered and family- ‘‘(5) TARGETS.—A Palliative Care and Hos- ‘‘(a) PROGRAM AUTHORIZED.—The Secretary centered support throughout the continuum pice Education Center that receives an shall award grants to eligible entities to de- of care for serious and life-threatening ill- award under paragraph (1) shall meet targets velop and implement, in coordination with ness; approved by the Secretary for providing programs under section 759A, programs and ‘‘(ii) anticipate, prevent, and treat phys- training in interprofessional team-based pal- initiatives to train and educate individuals ical, emotional, social, and spiritual suf- liative care to a certain number of faculty or in providing interprofessional team-based fering;

VerDate Sep 11 2014 01:29 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JY7.012 H23JYPT1 dlhill on DSK3GLQ082PROD with HOUSE H6604 CONGRESSIONAL RECORD — HOUSE July 23, 2018 ‘‘(iii) optimize quality of life; and ary 1, 2019, for conducting or supporting re- palliative and hospice care. My own ‘‘(iv) facilitate and support the goals and search with respect to palliative care’’ after parents both received valuable care in values of patients and families. ‘‘or national centers’’. this regard, especially hospice care, as ‘‘(C) PALLIATIVE CARE PROFESSIONALS.— SEC. 7. CUT-GO OFFSET. their lives came to a close. Specific materials that explain the role of The total amount authorized to be appro- This is all part of why I am a cospon- professionals trained in hospice and pallia- priated to the Office of the Secretary of tive care in providing team-based care (in- Health and Human Services for each of fiscal sor, along with 284 of my colleagues in cluding pain and symptom management, sup- years 2019 through 2023 is the amount that is the House, and why I have worked with port for shared decisionmaking, care coordi- $20,000,000 below the total amount appro- Representative ENGEL and our sub- nation, psychosocial care, and spiritual care) priated to such Office for fiscal year 2018. committee chair on the Energy and for patients and families throughout the con- Commerce Subcommittee for Health, tinuum of care for serious or life-threatening The SPEAKER pro tempore. Pursu- Chairman BURGESS, to move this legis- illness. ant to the rule, the gentleman from Or- lation forward in the Energy and Com- ‘‘(D) RESEARCH.—Evidence-based research egon (Mr. WALDEN) and the gentleman demonstrating the benefits of patient access from Texas (Mr. GENE GREEN) each will merce Committee, where, by the way, to palliative care throughout the continuum control 20 minutes. it received unanimous votes in both of care for serious or life-threatening illness. The Chair recognizes the gentleman our Health Subcommittee and in our ‘‘(E) POPULATION-SPECIFIC MATERIALS.—Ma- from Oregon. full committee. terials targeting specific populations, includ- So, Mr. Speaker, I urge my col- GENERAL LEAVE ing patients with serious or life-threatening leagues to vote ‘‘yes’’ on this impor- Mr. WALDEN. Mr. Speaker, I ask illness who are among medically underserved tant measure. Let’s advance our public populations (as defined in section 330(b)(3)) unanimous consent that all Members health. and families of such patients or health pro- may have 5 legislative days in which to fessionals serving medically underserved revise and extend their remarks and in- Mr. Speaker, I reserve the balance of populations. Such populations shall include sert extraneous materials in the my time. pediatric patients, young adult and adoles- Mr. GENE GREEN of Texas. Mr. RECORD on the bill. cent patients, racial and ethnic minority Speaker, I yield myself such time as I populations, and other priority populations The SPEAKER pro tempore. Is there objection to the request of the gen- may consume. specified by the Director. Mr. Speaker, I rise today in support ‘‘(2) REQUIRED PUBLICATION.—Information tleman from Oregon? and materials disseminated under paragraph There was no objection. of H.R. 1676, the Palliative Care and (1) shall be posted on the Internet websites of Mr. WALDEN. Mr. Speaker, I yield Hospice Education and Training Act. relevant Federal agencies and departments, myself such time as I may consume. Mr. Speaker, I thank my colleague including the Department of Veterans Af- Mr. Speaker, I rise today in support and our committee member, Congress- fairs, the Centers for Medicare & Medicaid of H.R. 1676. As we have heard, this is man ELIOT ENGEL, for introducing this Services, and the Administration on Aging. the Palliative Care and Hospice Edu- important legislation. I would also like ‘‘(c) CONSULTATION.—The Director shall to thank other cosponsors: Congress- consult with appropriate professional soci- cation and Training Act, and it is spon- eties, hospice and palliative care stake- sored by my colleague from New York, man BUDDY CARTER, also a member on holders, and relevant patient advocate orga- Representative ELIOT ENGEL. our committee, and Representative nizations with respect to palliative care, psy- This bipartisan legislation will au- TOM REED for their work and support chosocial care, and complex chronic illness thorize the Department of Health and on this legislation. with respect to the following: Human Services to award grants or Palliative care complements efforts ‘‘(1) The planning and implementation of contracts for palliative care and hos- to treat or cure illness by focusing on the dissemination of palliative care informa- pice education centers, promote the ca- patients’ quality of life. It is appro- tion under this section. priate for patients with serious ill- ‘‘(2) The development of information to be reer development of nurses and physi- disseminated under this section. cians in palliative care, and promote nesses, starting at the point of diag- ‘‘(3) A definition of the term ‘serious or research and outreach in the delivery nosis through treatment, and onward life-threatening illness’ for purposes of this of care for patients with serious or life- through hospice and the end of life. section.’’. threatening illnesses at the National Palliative care entails communica- SEC. 5. CLARIFICATION. Institutes of Health. tion with patients and their families to None of the funds made available under Now, I have heard about this bill’s coordinate care, determine patient this Act (or an amendment made by this impact from palliative care specialists preferences, and assist with medical Act) may be used to provide, promote, or decisionmaking. provide training with regard to any item or and disease advocates all across Or- service for which Federal funding is unavail- egon. Dawn Frazier in Bend, Oregon, A growing body of research has docu- able under section 3 of Public Law 105–12 (42 told me about her daughter, Rhonda, mented the benefits of high-quality U.S.C. 14402). who tragically passed away at the age palliative and hospice care for patients SEC. 6. ENHANCING NIH RESEARCH IN PALLIA- of 34. She suffered from early onset in hospitals and payers, and the TIVE CARE. Alzheimer’s. healthcare system as a whole. (a) IN GENERAL.—Part B of title IV of the In an opinion piece that Dawn had Palliative and hospice care have been Public Health Service Act (42 U.S.C. 284 et published in the Bend Bulletin, she associated with enhanced quality of seq.) is amended by adding at the end the fol- life for patients, reduced hospital ex- lowing new section: wrote: ‘‘Palliative and hospice care are vital services for people with Alz- penditures and lengths of stay, and ‘‘SEC. 409K. ENHANCING RESEARCH IN PALLIA- TIVE CARE. heimer’s and other dementias. For peo- other positive outcomes, including ‘‘The Secretary, acting through the Direc- ple with advanced dementia, team- longer patient survival time. tor of the National Institutes of Health, based care—which focuses on managing Despite the benefits of palliative shall develop and implement a strategy to be and easing symptoms, reducing pain care, many Americans aren’t aware of applied across the institutes and centers of and stress, and increasing comfort—im- the supports available to them. There the National Institutes of Health to expand proves quality of life, controls costs, is also a shortage of educated providers and intensify national research programs in and enhances patient and family satis- who can offer quality palliative care. palliative care in order to address the quality of care and quality of life for the rapidly faction.’’ The Palliative Care and Hospice Edu- growing population of patients in the United She wrote: ‘‘Here in Oregon, 19 per- cation and Training Act will address States with serious or life-threatening ill- cent of people in hospice have a pri- these issues. nesses, including cancer; heart, kidney, liver, mary diagnosis of dementia. Yet, the This legislation will help create an lung, and infectious diseases; as well as availability and quality of palliative infrastructure to improve palliative neurodegenerative diseases such as demen- and hospice care is a concern.’’ care training for healthcare providers, tia, Parkinson’s disease, or amyotrophic lat- Dawn went on to say that this bill encourage the National Institutes of eral sclerosis.’’. will help make critical palliative care Health to expand its research on pallia- (b) EXPANDING TRANS-NIH RESEARCH RE- PORTING TO INCLUDE PALLIATIVE CARE RE- and hospice services available to mil- tive care and pain management, and SEARCH.—Section 402A(c)(2)(B) of the Public lions of patients across the country. ensure Americans have an under- Health Service Act (42 U.S.C. 282a(c)(2)(B)) is I have long been a supporter of this standing of how palliative care may amended by inserting ‘‘and, beginning Janu- bipartisan legislation and programs for benefit them and their loved ones.

VerDate Sep 11 2014 01:29 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JY7.012 H23JYPT1 dlhill on DSK3GLQ082PROD with HOUSE July 23, 2018 CONGRESSIONAL RECORD — HOUSE H6605 I am a proud cosponsor of this legis- Mr. Speaker, I urge my colleagues to man BUDDY CARTER, who coauthored lation. In fact, this bill has 285 cospon- support this legislation and join us in the bill, and all of its 285 bipartisan co- sors, two-thirds of the entire House of this effort. sponsors. This is about as bipartisan as Representatives. Mr. WALDEN. Mr. Speaker, I reserve you can get. I ask my colleagues to join me in the balance of my time. We are dealing with issues that peo- supporting this important legislation Mr. GENE GREEN of Texas. Mr. ple sometimes don’t like to talk about, that will expand our Nation’s research Speaker, I yield 4 minutes to the gen- end of life issues, issues of that nature, and infrastructure on palliative care tleman from New York (Mr. ENGEL), a but it is something that must be talked and pain management. member of our Energy and Commerce about, because families need help. This Mr. Speaker, I reserve the balance of Committee and cosponsor of this bill. will give the families the help that my time. Mr. ENGEL. Mr. Speaker, I thank they need. Mr. WALDEN. Mr. Speaker, I yield 2 the gentleman for yielding to me. Mr. I think every one of us has felt the minutes to the gentleman from New Speaker, I want to thank my col- pain and stress of a serious illness ei- York (Mr. REED), who has been a real leagues on both sides of the aisle. This ther personally or standing alongside a leader on this issue and several others is clearly a bipartisan collaboration. loved one. By passing this bill, we will related to healthcare, and especially on I am proud to be the main sponsor of take an important step to bring much, diabetes. H.R. 1676, the Palliative Care and Hos- much needed relief to both patients Mr. REED. Mr. Speaker, I thank the pice Education and Training Act, and I and their loved ones. chairman for recognizing me and for urge my colleagues to support this im- Mr. Speaker, I want to thank my col- the opportunity to speak, and my col- portant bill. leagues on the committee and all the The goal of palliative care is to al- leagues on the other side of the aisle people who worked to make this bill bi- leviate suffering for patients and their for the efforts that they have put into partisan. We can all be proud of this loved ones, accompanying efforts to the Palliative Care and Hospice Edu- when it becomes law. treat or cure illness. So while the ill- cation and Training Act. Mr. Speaker, I urge my colleagues to ness is being treated, there is support support this legislation. Mr. Speaker, I rise in strong support being given to the person who is sick Mr. GENE GREEN of Texas. Mr. of this bill, because hospice and pallia- and for their loved ones as well. Speaker, we have no further speakers, tive care is an underutilized piece of It entails support from a team of doc- and I yield back the balance of my medical treatment in America. This tors, nurses, social workers, physician time. bill is designed to promote not only the assistants, clergy persons, and other Mr. WALDEN. Mr. Speaker, I will care that is provided under palliative specialists who provide an extra layer close by again thanking my colleagues and hospice care, but also to empower of assistance, including help with med- on both sides of the aisle. Thanks to the workforce of today and tomorrow ical decisionmaking and coordination the gentleman from New York, the to provide these critical healthcare de- of care across multiple settings. It is gentleman from Texas, my colleagues livery systems to our aging population, appropriate at any age and at any on this side of the aisle. I know Dr. to our family members, and to our dear stage in a serious illness. PHIL ROE, who chairs our Veterans’ Af- fellow citizens. Palliative and hospice care have been fairs Committee, a very strong advo- Mr. Speaker, I am strongly in sup- associated with enhanced quality of cate and supporter of this, could not be port of this legislation, because this is life for patients, but too many people here to speak on it because of a con- something that is personal, as I lost simply don’t know about these bene- flict. my mom 9 months to the day she was fits. On top of that, there is a shortage Mr. Speaker, let me just say this is diagnosed with lymphoma and passed of educated providers who can offer really important. It will change lives. in my arms. The woman who taught quality palliative and hospice care. It will improve lives. With that, I hope me how to live, and my 11 older broth- That is where this bill comes in. our colleagues will join us in sup- ers and sisters, also taught me how to The Palliative Care and Hospice Edu- porting this very important measure. die. cation and Training Act addresses Mr. Speaker, I yield back the balance We in America need to have a con- these issues by expanding opportuni- of my time. versation across this entire Nation ties for training in palliative and hos- The SPEAKER pro tempore. The about how important it is to recognize pice care. question is on the motion offered by that we are all mortal and that, at the This bill also aims to better educate the gentleman from Oregon (Mr. WAL- end of our life, we need to face that patients, families, and health profes- DEN) that the House suspend the rules critical question of what type of sionals about palliative care’s benefits, and pass the bill, H.R. 1676, as amend- healthcare we want to receive to make and encourages NIH to expand research ed. sure that our quality of life is pre- around this topic. The question was taken; and (two- served and the quantity of life is ex- Ultimately, this bill will help us en- thirds being in the affirmative) the tended as much as possible in order to sure that there is a well-trained pallia- rules were suspended and the bill, as enjoy that life. tive care workforce available to care amended, was passed. Under this act, Mr. Speaker, one of for patients, a goal that I believe will A motion to reconsider was laid on the key components of it is to provide also be critical to turning the tide of the table. the professionalism that is necessary the ongoing opioid epidemic. f to have that conversation with fami- One of the goals of palliative care is b 1515 lies, with children like myself in that to provide relief from the pain of a se- situation. I hope that we will have this rious illness. By creating the infra- TITLE VIII NURSING WORKFORCE conversation with our loved ones much structure needed to better educate REAUTHORIZATION ACT OF 2018 sooner rather than at that end of health professionals on palliative care, Mr. BURGESS. Mr. Speaker, I move times. this legislation will also help ensure to suspend the rules and pass the bill By engaging in this legislation, Mr. health professionals are able to prop- (H.R. 959) to amend title VIII of the Speaker, we will promote palliative erly manage patients’ pain and prac- Public Health Service Act to extend and hospice care, and make sure that tice appropriate evidence-based pre- advanced education nursing grants to all Americans know that this care is scribing, a space where, as the opioid support clinical nurse specialist pro- available to them. Not only will it crisis has shown, we need to do much grams, and for other purposes, as allow them to enjoy peace in their better. amended. final days, but it will provide a quality Mr. Speaker, I want to thank Chair- The Clerk read the title of the bill. of life that no other care that I know of man WALDEN, Ranking Member PAL- The text of the bill is as follows: does. That is palliative and hospice LONE, Chairman BURGESS, and Ranking H.R. 959 care to make you comfortable and Member GREEN for helping to move Be it enacted by the Senate and House of Rep- enjoy your loved ones as we end our this bill forward. I also want to thank resentatives of the United States of America in time on this Earth. Congressman TOM REED and Congress- Congress assembled,

VerDate Sep 11 2014 02:37 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.024 H23JYPT1 dlhill on DSK3GLQ082PROD with HOUSE H6606 CONGRESSIONAL RECORD — HOUSE July 23, 2018 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (2) by redesignating subsections (f) and (g) a’’ and inserting ‘‘As part of the report on (a) SHORT TITLE.—This Act may be cited as as subsections (g) and (h), respectively; nursing workforce programs described in sec- the ‘‘Title VIII Nursing Workforce Reauthor- (3) by inserting after subsection (e) the fol- tion 806(i), the Secretary shall’’; ization Act of 2018’’. lowing new subsection: (7) by amending subsection (f), as redesig- (b) TABLE OF CONTENTS.—The table of con- ‘‘(f) AUTHORIZED CLINICAL NURSE SPE- nated by paragraph (5), to read as follows: tents of this Act is as follows: CIALIST PROGRAMS.—Clinical nurse specialist ‘‘(f) DEFINITIONS.—For purposes of this sec- Sec. 1. Short title; table of contents. programs eligible for support under this section: Sec. 2. General provisions. tion are education programs that— ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible Sec. 3. Nurse practitioners, nurse midwives, ‘‘(1) provide registered nurses with full- entity’ includes an accredited school of nurs- nurse anesthetists, and other time clinical nurse specialist education; and ing, a health care facility, a partnership of advanced education nurses. ‘‘(2) have as their objective the education such a school and facility, a federally quali- Sec. 4. Increasing nursing workforce diver- of clinical nurse specialists who will upon fied health center, or a nurse-managed sity. completion of such a program be qualified to health clinic. Sec. 5. Strengthening capacity for basic effectively provide care through the wellness ‘‘(2) NURSE-MANAGED HEALTH CLINIC.—The nurse education and practice. and illness continuum to inpatients and out- term ‘nurse-managed health clinic’ means a Sec. 6. Student loans. patients experiencing acute and chronic ill- nurse-practice arrangement, managed by ad- Sec. 7. National Advisory Council on Nurse ness.’’; and vanced practice nurses, that provides pri- Education and Practice. (4) by adding at the end the following: mary care or wellness services to under- Sec. 8. Other provisions. ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— served or vulnerable populations that is as- SEC. 2. GENERAL PROVISIONS. There are authorized to be appropriated to sociated with a school, college, university or (a) APPLICATION.—Section 802(c) of the carry out this section $74,581,000 for each of department of nursing, federally qualified Public Health Service Act (42 U.S.C. 296a(c)) fiscal years 2019 through 2023.’’. health center, or independent nonprofit is amended by striking ‘‘shall address rel- SEC. 4. INCREASING NURSING WORKFORCE DI- health or social services agency.’’; and evant national nursing needs that the VERSITY. (8) in subsection (g), as redesignated by project will meet’’ and inserting ‘‘shall ad- Section 821 of the Public Health Service paragraph (5), by striking ‘‘such sums as dress relevant national nursing needs that Act (42 U.S.C. 296m) is amended by adding at may be necessary for each of fiscal years 2010 the project will address and how the project the end the following: through 2014’’ and inserting ‘‘$41,913,000 for aligns with the national nursing service ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— each of fiscal years 2019 through 2023’’. goals referred to in section 806(a)’’. There are authorized to be appropriated to (b) NURSE RETENTION GRANTS.—Section (b) USE OF FUNDS.—Section 803 of the Pub- carry out this section $17,343,000 for each of 831A of the Public Health Service Act (42 lic Health Service Act (42 U.S.C. 296b) is fiscal years 2019 through 2023.’’. U.S.C. 296p–1) is repealed. amended by adding at the end the following: ‘‘(c) SUPPLEMENT NOT SUPPLANT.—Funds SEC. 5. STRENGTHENING CAPACITY FOR BASIC SEC. 6. STUDENT LOANS. NURSE EDUCATION AND PRACTICE. awarded as a grant under this title for a (a) LOAN REPAYMENT AND SCHOLARSHIP (a) NURSE EDUCATION, PRACTICE, QUALITY, project or activity shall be used to supple- PROGRAMS.—Section 846 of the Public Health AND RETENTION GRANTS.—Section 831 of the ment, not supplant, the non-Federal funds Service Act (42 U.S.C. 297n) is amended— Public Health Service Act (42 U.S.C. 296p) is that would otherwise be made available for (1) in subsection (b)(1), by striking ‘‘he amended— such project or activity.’’. began such practice’’ and inserting ‘‘the indi- (1) in the section heading, by striking ‘‘AND (c) GENERALLY APPLICABLE PROVISIONS.— vidual began such practice’’; QUALITY’’ and inserting ‘‘QUALITY, AND RETEN- Section 806 of the Public Health Service Act (2) in subsection (d)(1), by striking ‘‘(for ’’; (42 U.S.C. 296e) is amended— TION fiscal years 2003 and 2004) and may (for fiscal (2) in subsection (b), by amending para- (1) in subsection (b), by amending para- years thereafter)’’; graph (2) to read as follows: graph (2) to read as follows: (3) in subsection (h), in the matter pre- ‘‘(2) providing care for underserved popu- ‘‘(2) EVALUATIONS.—The Secretary shall es- ceding paragraph (1), by striking ‘‘Not later lations and high-risk groups, which may in- tablish procedures to ensure the annual eval- than’’ through ‘‘regarding’’ and inserting clude the elderly, individuals with HIV/ uation of programs and projects operated by ‘‘The annual report on nursing workforce AIDS, individuals with mental health or sub- recipients of grants under this title. Such programs, as required by section 806(i), shall stance use disorders, individuals who are procedures shall ensure that continued fund- include information regarding the programs homeless, and victims and survivors of doing for such programs and projects will be carried out under this section, including’’; mestic violence;’’; conditioned upon the submission of— and (3) in subsection (c), by amending para- ‘‘(A) data demonstrating that satisfactory (4) in subsection (i)(1), by striking ‘‘such graph (1) to read as follows: progress has been made by the program or sums as may be necessary for each of fiscal ‘‘(1) GRANTS FOR CAREER LADDER PRO- project in meeting the performance outcome years 2003 through 2007’’ and inserting GRAMS.—The Secretary may award grants to standards (as described in section 802) of ‘‘$87,135,000 for each of fiscal years 2019 and enter into contracts with eligible enti- such program or project; and through 2023’’. ties for programs— ‘‘(B) a detailed description of activities (b) NURSE FACULTY LOAN PROGRAM.—Sec- conducted by such program or project to ‘‘(A) to promote career advancement for— ‘‘(i) nursing personnel in a variety of train- tion 846A of the Public Health Service Act meet such performance outcome standards.’’; (42 U.S.C. 297n–1) is amended by striking (2) in subsection (e)(2), by inserting ‘‘, and ing settings, cross training or specialty training among diverse population groups, ‘‘such sums as may be necessary for each of have relevant expertise and experience’’ fiscal years 2010 through 2014’’ and inserting after ‘‘who are not officers or employees of and the advancement of individuals, including to become professional registered nurses, ‘‘$28,500,000 for each of fiscal years 2019 the Federal Government’’; and through 2023’’. (3) by adding at the end the following: advanced practice registered nurses, and ‘‘(i) ANNUAL REPORT ON NURSING WORK- nurses with graduate nursing education; and SEC. 7. NATIONAL ADVISORY COUNCIL ON NURSE EDUCATION AND PRACTICE. FORCE PROGRAMS.—Annually, the Secretary ‘‘(ii) individuals, including licensed prac- shall submit to the Committee on Health, tical nurses, licensed vocational nurses, cer- Section 851 of the Public Health Service Education, Labor, and Pensions of the Sen- tified nurse assistants, and diploma degree Act (42 U.S.C. 297t) is amended— ate, and the Committee on Energy and Com- or associate degree nurses, to become bacca- (1) in subsection (b)(1)(A)(iv), by striking merce of the House of Representatives, a re- laureate-prepared registered nurses or nurses ‘‘and nurse anesthetists’’ and inserting port containing an assessment of the pro- with graduate nursing education; ‘‘nurse anesthetists, and clinical nurse spe- grams and activities of the Department of ‘‘(B) to assist individuals in obtaining edu- cialists’’; Health and Human Services related to en- cation and training required to enter the (2) in subsection (d), by amending para- hancing the nursing workforce, including the nursing profession and advance within such graph (3) to read as follows: extent to which programs and activities profession, such as by providing career coun- ‘‘(3) not later than 2 years after the date of under this title meet identified goals and seling and mentoring; and enactment of the Title VIII Nursing Work- performance measures developed for the re- ‘‘(C) to develop and implement internships, force Reauthorization Act of 2018, and every spective programs and activities.’’. accredited fellowships, and accredited resi- 2 years thereafter, prepare and submit to the SEC. 3. NURSE PRACTITIONERS, NURSE MID- dency programs in collaboration with one or Secretary, the Committee on Health, Edu- WIVES, NURSE ANESTHETISTS, AND more accredited schools of nursing to en- cation, Labor, and Pensions of the Senate, OTHER ADVANCED EDUCATION courage mentoring and development of spe- and the Committee on Energy and Commerce NURSES. cialties.’’; of the House of Representatives, a report de- Section 811 of the Public Health Service (4) by striking subsection (e) (relating to scribing the activities of the Council, includ- Act (42 U.S.C. 296j) is amended— preference); ing findings and recommendations made by (1) in subsection (b)— (5) by redesignating subsections (f) through the Council concerning the activities under (A) by striking ‘‘R.N./Master’s’’ and insert- (h) as subsections (e) and (g), respectively; this title.’’; and ing ‘‘R.N./graduate’’; and (6) in subsection (e), as so redesignated, by (3) in subsection (g), by striking ‘‘under (B) by inserting ‘‘clinical nurse leaders,’’ striking ‘‘The Secretary shall submit to the this title’’ and inserting ‘‘for carrying out before ‘‘or public health nurses’’; Congress before the end of each fiscal year parts B, C, and D of this title’’.

VerDate Sep 11 2014 01:29 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JY7.011 H23JYPT1 dlhill on DSK3GLQ082PROD with HOUSE July 23, 2018 CONGRESSIONAL RECORD — HOUSE H6607 SEC. 8. OTHER PROVISIONS. An estimated 10,000 people are turn- we need to do all we can to make sure (a) PUBLIC SERVICE ANNOUNCEMENTS.—Part ing 65 years old in America every day. that those individuals are interested in G of title VIII of the Public Health Service That trend will continue through the this valued career path and have access Act (42 U.S.C. 297w et seq.) is repealed. (b) FUNDING.—Part I of title VIII of the end of the decade. In addition to an to high-quality education opportuni- Public Health Service Act (42 U.S.C. 298d) is aging population, the United States ties. repealed. faces rising healthcare costs, prevalent My bill authorizes funds for loan pay- The SPEAKER pro tempore. Pursu- chronic diseases, and the rise in sub- back programs and grants for advanced ant to the rule, the gentleman from stance abuse disorders. In order to education, workforce diversity, and nursing recruitment programs. This Texas (Mr. BURGESS) and the gen- meet this increased need for care, we bill will expand our Nation’s trained tleman from Texas (Mr. GENE GREEN) need to grow the largest group of each will control 20 minutes. healthcare providers in our Nation: nursing workforce so they can provide The Chair recognizes the gentleman nurses. the highest quality care American patients need. from Texas (Mr. BURGESS). The title VIII programs bolster nursing education at all levels, from entry- Mr. Speaker, I am thankful for the GENERAL LEAVE incredible bipartisan support this bill Mr. BURGESS. Mr. Speaker, I ask level preparation through graduate study, and provides support for institu- has received on behalf of the Nation’s unanimous consent that all Members nurses, and I urge my colleagues to have 5 legislative days to revise and ex- tions that educate nurses for practice in rural and medically underserved support this important legislation. tend their remarks and insert extra- Mr. GENE GREEN of Texas. Mr. neous material in the RECORD on the communities. This program is designed to address specific needs within the Speaker, I yield 2 minutes to the gen- bill. tlewoman from Hawaii (Ms. GABBARD), The SPEAKER pro tempore. Is there nursing workforce and America’s patient population. who is a cosponsor of this bill. objection to the request of the gen- Ms. GABBARD. Mr. Speaker, I would This legislation will reauthorize title tleman from Texas? like to thank my colleague, Congress- VIII of the Public Health Service Act There was no objection. man JOYCE, who has been a great lead- that provides Federal resources toward Mr. BURGESS. Mr. Speaker, I yield er on these issues relating to our nurs- nursing workforce development pro- myself such time as I may consume. ing workforce. I appreciate working grams, including the recruitment, re- Mr. Speaker, I rise in support of H.R. with him as co-chair of the House Con- tention, and advanced education of 959, the Title VIII Nursing Workforce gressional Nursing Caucus, where we skilled nursing professionals. Reauthorization Act of 2018, which was are able to bring a lot of these issues This bill extends advanced education introduced by the gentleman from Ohio and challenges to life. (Mr. JOYCE). nursing grants to support clinical We all know that nurses and care- The bill reauthorizes the title VIII nurse specialists, clinical nurse lead- givers are the heartbeat of our Nursing Workforce Development Pro- ers, defines nurse-managed health clin- healthcare providers. Day in and day grams for fiscal years 2019 through ics, adds clinical nurse specialists to out, they provide lifesaving care with 2023. Title VIII programs, in addition the National Advisory Council on empathy, compassion, and care in the to the title VII physician workforce Nurse Education and Practice, and re- most trying and stressful situations. programs, expired several years ago, authorizes loan repayments, scholar- But across the country, we continue to but have continued to receive appro- ships, and grants for education, prac- see nursing workforce shortages, espe- priations. This bill reauthorizes title tice, quality, and retention. cially in our rural and underserved VIII programs at the fiscal year 2018 This bipartisan legislation passed the communities, like many in my home level. Energy and Commerce Committee on State of Hawaii where people on dif- While our appropriations process has voice vote earlier this month. I ask my ferent islands are literally separated by continued to fund these programs with- colleagues to join me in supporting a body of water sometimes from get- out a reauthorization, there remains this important legislation to expand ting access to the care that they need. uncertainty regarding how much and strengthen our American nursing In the next 2 years alone, the United money the programs will receive each workforce, and I reserve the balance of States is on track to face a shortage of year. my time. nearly 200,000 nursing professionals. These programs range from providing Mr. BURGESS. Mr. Speaker, I yield These shortages not only drive up the our advanced practice nurses with ad- such time as he may consume to the cost of healthcare for those most in ditional educational opportunities to gentleman from Ohio (Mr. JOYCE), the need, but they actually endanger the increasing the nursing workforce diver- author of the bill. wellbeing and care of our patients. sity. Mr. JOYCE of Ohio. Mr. Speaker, I As our healthcare system faces The bill includes grants for nurses at rise today in support of my legislation, heightened and complex challenges, different levels of education to obtain H.R. 959, the Title VIII Nursing Work- like an aging population, increase in further education so that they can ad- force Reauthorization Act of 2018. chronic diseases, an ever-worsening vance within the nursing profession. First, I want to thank Chairman opioid epidemic, and so much more, our Additionally, this legislation reauthor- WALDEN and Ranking Member PALLONE healthcare workers must have the izes loan repayment scholarships and for moving this legislation through the training they need to address the needs grants for education, practice, quality, Energy and Commerce Committee. It is of our communities. and retention. These provisions are es- easy to see why nursing consistently Reauthorizing Federal funding for sential in educating and retaining a ranks as the most trusted profession in vital programs that provide nurses qualified nurse workforce. America. As the husband of a nurse, with training, education, and support, Mr. Speaker, I urge Members to sup- and co-chair of the Congressional Nurs- will help grow our nursing workforce, port H.R. 959, and I reserve the balance ing Caucus, I know the amount of dedi- both in my home State of Hawaii and of my time. cation and support nurses put into across the country, and expand access Mr. GENE GREEN of Texas. Mr. their daily task of caring for every pa- to the quality care for our children, Speaker, I yield myself such time as I tient. our veterans, our seniors, and all of our may consume. An estimated 10,000 baby boomers are communities. Mr. Speaker, I rise in support of H.R. turning 65 years old every day. In order Mr. Speaker, I urge my colleagues to 959, the Title VIII Nursing Workforce to meet this increased demand for care, support this bipartisan legislation, and Reauthorization Act. we need to grow the largest group of empower our nurses and healthcare I thank the main sponsor of the legis- healthcare providers: nurses. professionals to continue serving and lation, Representative DAVID JOYCE, Despite the importance of nurses to caring for the people in our commu- and original cosponsors including: Rep- the wellbeing of patients, we face a nities. resentative DORIS MATSUI, Representa- projected nursing shortage that will Mr. GENE GREEN of Texas. Mr. tive KATHY CASTOR, and Representative leave too many patients without the Speaker, we have no further speakers, TULSI GABBARD for their hard work on care that they need. The shortage will and I yield back the balance of my this important legislation. affect the entire healthcare system, so time.

VerDate Sep 11 2014 01:29 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JY7.011 H23JYPT1 dlhill on DSK3GLQ082PROD with HOUSE H6608 CONGRESSIONAL RECORD — HOUSE July 23, 2018 Mr. BURGESS. Mr. Speaker, I yield tical nurses (LVNs/LPNs), registered nurses SEC. 2. ESTABLISHMENT OF THE OFFICE OF myself the balance of my time, and INTERNET CONNECTIVITY AND (RNs), advanced practice registered nurses GROWTH. only to point out that this bill did pass (APRNs), and nurse faculty. Not later than 180 days after the date of in the previous Congress, in the 114th This trend must be ameliorated, as the im- the enactment of this Act, the Assistant Sec- Congress, both in subcommittee and portance of nurses cannot be understated. retary shall establish the Office of Internet full committee, but was never enacted Nurses are extremely vital components to Connectivity and Growth within the Na- into law. quality healthcare and patient education. tional Telecommunications and Information The author of that bill in the last Nurses are the primary professionals deliv- Administration. Congress was our colleague, Lois ering quality health care in the nation, as there SEC. 3. DUTIES. Capps, on the Energy and Commerce (a) OUTREACH.—The Office shall— are over 4.2 million Registered Nurses in prac- (1) connect with communities that need ac- Committee, and I know she will be tice today. cess to high-speed internet and improved grateful to see that her work has fi- Moreover, the nurse workforce is expected digital inclusion efforts through various nally cleared the floor of the House and to continue to grow, due to the current techno- forms of outreach and communication tech- on to the Senate, and we will be suc- logical advancements for treatments, preven- niques; cessful. tive care needs, and the rising demand from (2) hold regional workshops across the Mr. Speaker, I yield back the balance new health reform enrollments. country to share best practices and effective of my time, and I urge an ‘‘aye’’ vote. It is imperative that the nursing shortage in strategies for promoting broadband access Mr. WALDEN. Mr. Speaker, I rise in support and adoption; society be eliminated, as the need for quali- (3) develop targeted broadband training of H.R. 959, the Title VIII Nursing Workforce fied, experienced nurses is rising and will con- and presentations for various demographic Reauthorization Act of 2018. I’d like to thank tinue to do so. communities through various media; and Representative DAVID JOYCE for his work on Insufficient federal investments in nursing (4) develop and distribute publications (in- this important bill. It is one of four bipartisan education, training, and the overall workforce cluding toolkits, primers, manuals, and public health bills the House will vote on will only be a detriment to our nation’s quality white papers) providing guidance, strategies, today, each of which passed through the En- of healthcare. and insights to communities as the commu- ergy and Commerce Committee unanimously H.R. 959 ensures that nursing workforce de- nities develop strategies to expand at both the Health Subcommittee and our full broadband access and adoption. velopment programs will continue to address (b) TRACKING OF FEDERAL DOLLARS.— committee. the specific needs of the nursing and nurse (1) BROADBAND INFRASTRUCTURE.—The Of- H.R. 959 would reauthorize nursing work- faculty workforce as well as patients in our fice shall track the construction and use of force development programs, which support communities. and access to any broadband infrastructure the recruitment, retention, and advanced edu- By modernizing the current nursing work- built using any Federal support in a central cation of skilled nursing professionals. The bill force development programs, through tech- database. extends advanced education nursing grants to nical training and further financial funding, (2) ACCOUNTING MECHANISM.—The Office support clinical nurse specialists and clinical shall develop a streamlined accounting nurses will be able to fulfill the needs of their mechanism by which any agency offering a nurse leaders, defines nurse-managed health patients at the highest level. Federal broadband support program and the clinics, adds clinical nurse specialists to the Further funding and training for nurses at all Commission through the Universal Service National Advisory Council on Nurse Education, levels ensures that all types and levels of Fund shall provide the information described and reauthorizes loan repayments, scholar- nurses have concrete training and are able to in paragraph (1) in a standardized and effi- ships, and grants for education, practice, qual- deliver high quality healthcare. cient fashion. ity, and retention. I urge my colleagues to join me in sup- (3) REPORT.—Not later than 1 year after In rural areas of the country, like my district porting H.R. 959, which will strengthen the fu- the date of the enactment of this Act, and every year thereafter, the Office shall make in Oregon, nurses play an especially critical ture of nursing and the health of the nation. role in our health care delivery system, and public on the website of the Office and sub- The SPEAKER pro tempore. The mit to the Committee on Energy and Com- they’ve told me about the importance of this question is on the motion offered by merce of the House of Representatives and legislation. That’s why it’s critical we reauthor- the gentleman from Texas (Mr. BUR- the Committee on Commerce, Science, and ize these programs. GESS) that the House suspend the rules Transportation of the Senate a report on the Mr. Speaker, I urge my colleagues to sup- and pass the bill, H.R. 959, as amended. following: port this bill. The question was taken; and (two- (A) A description of the work of the Office Ms. JACKSON LEE. Mr. Speaker, I rise in thirds being in the affirmative) the for the previous year and the number of resi- strong support of H.R. 959, the Nursing Work- rules were suspended and the bill, as dents of the United States that received broadband as result of Federal broadband force Reauthorization Act of 2018. amended, was passed. It is undeniable that nurses play a critical support programs and the Universal Service A motion to reconsider was laid on Fund program. role in our society’s function, as they are trust- the table. (B) A description of how many residents of ed healthcare professionals who are the heart f the United States were provided broadband and soul of the healthcare system. by which universal service mechanism or H.R. 959 amends the Public Health Service ADVANCING CRITICAL which Federal broadband support program. Act by extending support for nursing workforce CONNECTIVITY EXPANDS SERV- (C) An estimate of the economic impact of programs and grants through the fiscal year ICE, SMALL BUSINESS RE- such broadband deployment efforts on the 2022. SOURCES, OPPORTUNITIES, AC- local economy, including any effect on small This bill will reauthorize the Title VIII nursing CESS, AND DATA BASED ON AS- businesses or jobs. SEC. 4. STREAMLINED APPLICATIONS FOR SUP- workforce development programs. SESSED NEED AND DEMAND ACT PORT. Further, eligibility for advanced nursing edu- Mr. LANCE. Mr. Speaker, I move to (a) AGENCY CONSULTATION.—The Office cation grants will be expanded to include edu- suspend the rules and pass the bill shall consult with any agency offering a Fed- cation programs for clinical nurse leaders and (H.R. 3994) to establish the Office of eral broadband support program to stream- all combined registered nurse and graduate line and standardize the applications process Internet Connectivity and Growth, and for financial assistance or grants for such degree programs. for other purposes, as amended. The Nursing Workforce Reauthorization Act program. The Clerk read the title of the bill. (b) AGENCY STREAMLINING.—Any agency of- bolsters nursing education at all levels, The text of the bill is as follows: fering a Federal broadband support program strengthens nursing education and funds insti- H.R. 3994 shall amend their applications for broadband tutions educating nurses to practice in rural support, to the extent practicable and as and medically underserved communities. Be it enacted by the Senate and House of Rep- necessary, to streamline and standardize ap- For nearly six decades, the nursing work- resentatives of the United States of America in plications for Federal broadband support Congress assembled, force development programs have helped for- programs across the Government. tify the workforce by increasing the number of SECTION 1. SHORT TITLE. (c) SINGLE APPLICATION.—To the greatest This Act may be cited as the ‘‘Advancing students, faculty, and practicing nurses. extent practicable, the Office shall seek to Critical Connectivity Expands Service, create one application that may be sub- Unfortunately, health inequities, inflated Small Business Resources, Opportunities, mitted to apply for all, or substantially all, costs, and poor health care outcomes are in- Access, and Data Based on Assessed Need and Federal broadband support programs. tensifying because of today’s shortfall of ap- Demand Act’’ or the ‘‘ACCESS BROADBAND (d) WEBSITE REQUIRED.—Not later than 180 propriately prepared licensed vocational/prac- Act’’. days after the date of the enactment of this

VerDate Sep 11 2014 01:29 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.030 H23JYPT1 dlhill on DSK3GLQ082PROD with HOUSE July 23, 2018 CONGRESSIONAL RECORD — HOUSE H6609 Act, the Office shall create a central website Service Fund program to support broadband important day-to-day work and over- through which potential applicants can learn access. sight we maintain over a significant about and apply for support through any SEC. 7. NO ADDITIONAL FUNDS AUTHORIZED. portion of the Federal Government. Federal broadband support program. No additional funds are authorized to be This type of work counts and these SEC. 5. COORDINATION OF SUPPORT. appropriated to carry out this Act. This Act bills are important. Energy and Com- The Office, any agency that offers a Fed- shall be carried out using amounts otherwise merce accomplishments like reauthor- eral broadband support program, and the authorized. izing the successful CHIP program, the Commission through the Universal Service The SPEAKER pro tempore. Pursu- Fund shall coordinate with the Office to en- Ray Baums Act, safely disposing of nu- sure that support is being distributed in an ant to the rule, the gentleman from clear waste, and improving consumer efficient, technology-neutral, and financially New Jersey (Mr. LANCE) and the gen- protections, have been the pillars of sustainable manner, with the goal of serving tleman from New York (Mr. TONKO) our accomplishments this Congress, the largest number of persons in the United each will control 20 minutes. and this has occurred in a bipartisan States while avoiding overbuilding and pro- The Chair recognizes the gentleman capacity. moting the most job and economic growth from New Jersey. Bills like the ones we are considering for all residents of the United States. GENERAL LEAVE today, keep the wheels of many critical SEC. 6. DEFINITIONS. Mr. LANCE. Mr. Speaker, I ask unan- government functions moving. The AC- In this Act: imous consent that all Members have 5 CESS BROADBAND bill is excellent (1) AGENCY.—The term ‘‘agency’’ has the meaning given that term in section 551 of legislative days to revise and extend legislation and will improve broadband title 5, United States Code. their remarks and insert extraneous for many Americans. (2) ASSISTANT SECRETARY.—The term ‘‘As- materials in the RECORD on the bill. Mr. Speaker, I urge a ‘‘yes’’ vote, and sistant Secretary’’ means the Assistant Sec- The SPEAKER pro tempore. Is there I reserve the balance of my time. retary of Commerce for Communications and objection to the request of the gen- Mr. TONKO. Mr. Speaker, I yield my- Information. tleman from New Jersey? self such time as I may consume. (3) COMMISSION.—The term ‘‘Commission’’ There was no objection. Mr. Speaker, I rise to support H.R. means the Federal Communications Com- Mr. LANCE. Mr. Speaker, I yield my- 3994, the Advancing Critical mission. self such time as I may consume. Connectivity Expands Service, Small (4) FEDERAL BROADBAND SUPPORT PRO- Business Resources, Opportunities, Ac- GRAM.—The term ‘‘Federal broadband sup- Mr. Speaker, I rise in strong support port program’’ does not include any Uni- of the ACCESS BROADBAND Act, cess, and Data Based on Assessed Need versal Service Fund program and means any which Congressman TONKO and I intro- and Demand Act, or in short, ACCESS of the following programs (or any other simi- duced last year. This bill would BROADBAND Act. lar Federal program) to the extent the pro- streamline the Federal grant programs Mr. Speaker, I thank the chair and gram offers broadband internet service or related to broadband deployment, and ranking member for moving this meas- programs for promoting broadband access track how Federal funds are used to a ure forward, and offer special thanks to and adoption for various demographic com- greater extent than is now the case. I my friend, Representative LANCE, for munities through various media for residen- partnering with me on this legislation. thank Congressman TONKO for his lead- tial, commercial, community providers, or I also thank the bipartisan group of academic establishments: ership on this important issue. (A) The Telecommunications and Tech- Broadband internet is the lifeblood of Members who have cosponsored this nology Program of the Appalachian Regional the American economy, a critical tool legislation, including 14 members of Commission. for students, and an incubator for the the Energy and Commerce Committee (B) The Telecommunications Infrastruc- next great innovation. This bill takes who have worked together and who ture Loans and Loan Guarantees, the Rural the right steps to ensure Federal agree that these are vital steps worth Broadband Access Loans and Loan Guaran- broadband resources are working to ex- taking. tees, the Substantially Underserved Trust This bill is about serving the people. Areas Provisions, the Community Connect pand access in underserved areas. Being able to have access to the My own constituents continue to reach Grant Program, and the Distance Learning out about their limitations of access to and Telemedicine Grant Program of the internet means being able to unlock Rural Utilities Service of the Department of tremendous potential, and we have to broadband internet throughout the Agriculture. make sure that all Americans share in capital region. Some of these areas are (C) The Public Works and Economic Ad- this success. Many local economies are rural and many are underserved and justment Assistance Programs and the Plan- relying on Congress to get this right. unserved entirely. ning and Local Technical Assistance Pro- Other areas are underserved with a In many areas of the country, the grams of the Economic Development Admin- few houses having access, while many cost to deploy broadband infrastruc- istration of the Department of Commerce. others are left with no affordable op- ture is prohibitive, which creates a (D) The Community Development Block tions in sight. Grants and Section 108 Loan Guarantees, the need for Federal funding in cases where Funds for Public Housing Authorities: Cap- a market solution is not possible. b 1530 ital Fund and Operating Fund, the Multi- With several different broadband sup- Constituents ask: When will we get family Housing, the Indian Community De- port programs across several Federal access? What about western Schenec- velopment Block Grant Program, the Indian agencies, there is no single, com- tady County? What about Amsterdam? Housing Block Grant Program, the Title VI prehensive system tracking where and Loan Guarantee Program, Choice Neighbor- What about Berne? What about Fort hoods, the HOME Investment Partnerships how Federal funds are being spent. Johnson? What about western Saratoga Program, the Housing Trust Fund, and the Access broadband creates an office County in the 20th Congressional Dis- Housing Opportunities for Persons with within the National Telecommuni- trict? AIDS of the Department of Housing and cations and Information Administra- I have heard from doctors who de- Urban Development. tion, with the task of simplifying the pend on broadband internet to read X- (E) The American Job Centers of the Em- application process for the various sup- rays when they are on call. I hear from ployment and Training Administration of port programs, coordinating between librarians who find students sitting in the Department of Labor. the various agencies, and tracking the (F) The Library Services and Technology the library parking lot after hours so Grant Programs of the Institute of Museum use and effectiveness of Federal that they can access the internet and and Library Services. broadband funding. finish their homework assignments. I (5) OFFICE.—The term ‘‘Office’’ means the By ensuring coordination, the office hear from workers who are forced to Office of Internet Connectivity and Growth will help prevent overbuilding of leave home to find high enough inter- established pursuant to section 2. broadband and make sure Federal net speed that they can upload or (6) UNIVERSAL SERVICE FUND PROGRAM.— funds are going where they are needed download large files. They all ask: The term ‘‘Universal Service Fund program’’ most, which should be unserved and When will we have access? means any program authorized under section underserved areas of the country. As a Congress, we owe these folk an 254 of the Communications Act of 1934 (47 U.S.C. 254) to help deploy broadband. This bill and the other bills we have answer. A lack of access to broadband (7) UNIVERSAL SERVICE MECHANISM.—The been considering reflect the broad and internet in the capital region is one of term ‘‘universal service mechanism’’ means encompassing jurisdiction of the En- many reasons I pushed to join the En- any funding stream provided by a Universal ergy and Commerce Committee and the ergy and Commerce Committee and

VerDate Sep 11 2014 01:29 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JY7.013 H23JYPT1 dlhill on DSK3GLQ082PROD with HOUSE H6610 CONGRESSIONAL RECORD — HOUSE July 23, 2018 why I have worked to advance this leg- these grants into one area, we can help erty the taking of which was found by a islation. assist communities and organizations court of competent jurisdiction to have con- This bill is the first part of that an- across the country in their search for stituted a violation of subsection (a) and re- swer. H.R. 3994, the Advancing Critical Federal grant funding. places any other property destroyed and repairs any other property damaged as a result Connectivity Expands Service, Small Access to broadband is a recipe for of such violation. In addition, the State or Business Resources, Opportunities, Ac- growth, allowing people to take and political subdivision must pay any applica- cess, and Data Based on Assessed Need create new opportunities that may not ble penalties and interest to reattain eligi- and Demand Act, the ACCESS have been there before. That is why I bility. BROADBAND Act, would establish a urge my colleagues to support this leg- SEC. 3. PROHIBITION ON EMINENT DOMAIN coordinating office for Federal islation. ABUSE BY THE FEDERAL GOVERN- broadband resources. Mr. TONKO. Mr. Speaker, I have no MENT. It would use existing resources to other speakers on my side. If the other The Federal Government or any authority of the Federal Government shall not exercise streamline management of Federal side is ready to close, I yield back the its power of eminent domain to be used for broadband resources across multiple balance of my time. economic development. agencies and simplify the process for Mr. LANCE. Mr. Speaker, I urge pas- SEC. 4. PRIVATE RIGHT OF ACTION. small businesses and local economic sage of this legislation, and I yield (a) CAUSE OF ACTION.—Any—(1) owner of developers to access them. back the balance of my time. private property whose property is subject to Currently, there is no comprehensive The SPEAKER pro tempore. The eminent domain who suffers injury as a re- system that tracks where Federal dol- question is on the motion offered by sult of a violation of any provision of this lars are going and how the funding is the gentleman from New Jersey (Mr. Act with respect to that property; or (2) any impacting communities. Investments LANCE) that the House suspend the tenant of property that is subject to eminent are made with little accountability and rules and pass the bill, H.R. 3994, as domain who suffers injury as a result of a violation of any provision of this Act with oversight on behalf of the taxpayer. amended. respect to that property, may bring an ac- ACCESS BROADBAND, as an act, The question was taken; and (two- tion to enforce any provision of this Act in would begin to address the issues. This thirds being in the affirmative) the the appropriate Federal or State court. A bill would track Federal broadband rules were suspended and the bill, as State shall not be immune under the 11th dollars and streamline management of amended, was passed. Amendment to the Constitution of the Federal broadband resources across A motion to reconsider was laid on United States from any such action in a Fed- multiple agencies. Most notably, it the table. eral or State court of competent jurisdiction. In such action, the defendant has the would simplify the process for small f businesses and local economic devel- burden to show by clear and convincing evi- PRIVATE PROPERTY RIGHTS dence that the taking is not for economic de- opers to access them. PROTECTION ACT OF 2017 velopment. Any such property owner or ten- There is still much more work to be ant may also seek an appropriate relief done on this issue. I do hope that this Mr. SENSENBRENNER. Mr. Speak- through a preliminary injunction or a tem- can serve as a starting place for us to er, I move to suspend the rules and porary restraining order. open doors of opportunity and access pass the bill (H.R. 1689) to protect pri- (b) LIMITATION ON BRINGING ACTION.—An for the millions of Americans who re- vate property rights. action brought by a property owner or ten- quire the better and improved out- The Clerk read the title of the bill. ant under this Act may be brought if the comes by investing in broadband ex- The text of the bill is as follows: property is used for economic development following the conclusion of any condemna- H.R. 1689 pansion. tion proceedings condemning the property of I thank all of the members and staff Be it enacted by the Senate and House of Rep- such property owner or tenant, but shall not working together on ACCESS resentatives of the United States of America in be brought later than seven years following BROADBAND, helping ensure that our Congress assembled, the conclusion of any such proceedings. communities can access the broadband SECTION 1. SHORT TITLE. (c) ATTORNEYS’ FEE AND OTHER COSTS.—In resources they need to grow and to This Act may be cited as the ‘‘Private any action or proceeding under this Act, the prosper. Property Rights Protection Act of 2017’’. court shall allow a prevailing plaintiff a rea- Mr. Speaker, I urge a ‘‘yes’’ vote on SEC. 2. PROHIBITION ON EMINENT DOMAIN sonable attorneys’ fee as part of the costs, and include expert fees as part of the attor- this bill, and I reserve the balance of ABUSE BY STATES. (a) IN GENERAL.—No State or political sub- neys’ fee. my time. division of a State shall exercise its power of SEC. 5. REPORTING OF VIOLATIONS TO ATTOR- Mr. LANCE. Mr. Speaker, I yield 2 eminent domain, or allow the exercise of NEY GENERAL. minutes to the gentleman from Geor- such power by any person or entity to which (a) SUBMISSION OF REPORT TO ATTORNEY gia (Mr. CARTER), who is a member of such power has been delegated, over property GENERAL.—Any—(1) owner of private prop- our committee. to be used for economic development or over erty whose property is subject to eminent Mr. CARTER of Georgia. Mr. Speak- property that is used for economic develop- domain who suffers injury as a result of a er, I thank the gentleman for yielding. ment within 7 years after that exercise, if violation of any provision of this Act with Mr. Speaker, I rise today in support that State or political subdivision receives respect to that property; or (2) any tenant of of my colleague’s bill, the ACCESS Federal economic development funds during property that is subject to eminent domain any fiscal year in which the property is so who suffers injury as a result of a violation BROADBAND Act. used or intended to be used. of any provision of this Act with respect to Mr. TONKO’s legislation would move (b) INELIGIBILITY FOR FEDERAL FUNDS.—A that property, may report a violation by the to establish an office of Internet violation of subsection (a) by a State or po- Federal Government, any authority of the Connectivity and Growth at the Na- litical subdivision shall render such State or Federal Government, State, or political sub- tional Telecommunications and Infor- political subdivision ineligible for any Fed- division of a State to the Attorney General. mation Administration to coordinate eral economic development funds for a pe- (b) INVESTIGATION BY ATTORNEY GENERAL.— and track Federal funding for riod of 2 fiscal years following a final judg- Upon receiving a report of an alleged viola- broadband across every agency. ment on the merits by a court of competent tion, the Attorney General shall conduct an This is important because the Fed- jurisdiction that such subsection has been investigation to determine whether a viola- violated, and any Federal agency charged tion exists. eral Government’s grant system can of- with distributing those funds shall withhold (c) NOTIFICATION OF VIOLATION.—If the At- tentimes be confusing and disjointed, them for such 2-year period, and any such torney General concludes that a violation making it difficult for communities funds distributed to such State or political does exist, then the Attorney General shall and organizations to find grants they subdivision shall be returned or reimbursed notify the Federal Government, authority of may be eligible for. As a result, they by such State or political subdivision to the the Federal Government, State, or political may be losing out on opportunities, es- appropriate Federal agency or authority of subdivision of a State that the Attorney pecially when it comes to broadband the Federal Government, or component General has determined that it is in viola- needs. thereof. tion of the Act. The notification shall fur- (c) OPPORTUNITY TO CURE VIOLATION.—A ther provide that the Federal Government, Our rural communities continue to State or political subdivision shall not be in- State, or political subdivision of a State has struggle, and one area that has been eligible for any Federal economic develop- 90 days from the date of the notification to proven to be a boon is access to high- ment funds under subsection (b) if such State demonstrate to the Attorney General either speed internet. By encompassing all of or political subdivision returns all real prop- that: (1) it is not in violation of the Act; or

VerDate Sep 11 2014 01:29 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.033 H23JYPT1 dlhill on DSK3GLQ082PROD with HOUSE July 23, 2018 CONGRESSIONAL RECORD — HOUSE H6611 (2) that it has cured its violation by return- of this Act and a description of the rights of economy of the United States. The taking of ing all real property the taking of which the property owners and tenants under this Act. farmland and rural property will have a di- Attorney General finds to have constituted a SEC. 7. REPORTS. rect impact on existing irrigation and rec- violation of the Act and replacing any other (a) BY ATTORNEY GENERAL.—Not later than lamation projects. Furthermore, the use of property destroyed and repairing any other 1 year after the date of enactment of this eminent domain to take rural private prop- property damaged as a result of such viola- Act, and every subsequent year thereafter, erty for private commercial uses will force tion. the Attorney General shall transmit a report increasing numbers of activities from pri- (d) ATTORNEY GENERAL’S BRINGING OF AC- identifying States or political subdivisions vate property onto this Nation’s public TION TO ENFORCE ACT.—If, at the end of the that have used eminent domain in violation lands, including its National forests, Na- 90-day period described in subsection (c), the of this Act to the Chairman and Ranking tional parks and wildlife refuges. This in- Attorney General determines that the Fed- Member of the Committee on the Judiciary crease can overburden the infrastructure of eral Government, authority of the Federal of the House of Representatives and to the these lands, reducing the enjoyment of such Government, State, or political subdivision Chairman and Ranking Member of the Com- lands for all citizens. Americans should not of a State is still violating the Act or has mittee on the Judiciary of the Senate. The have to fear the government’s taking their not cured its violation as described in sub- report shall— homes, farms, or businesses to give to other section (c), then the Attorney General will (1) identify all private rights of action persons. Governments should not abuse the bring an action to enforce the Act unless the brought as a result of a State’s or political power of eminent domain to force rural prop- property owner or tenant who reported the subdivision’s violation of this Act; erty owners from their land in order to de- violation has already brought an action to (2) identify all violations reported by prop- velop rural land into industrial and commer- enforce the Act. In such a case, the Attorney erty owners and tenants under section 5(c) of cial property. Congress has a duty to protect the property rights of rural Americans in the General shall intervene if it determines that this Act; face of eminent domain abuse. intervention is necessary in order to enforce (3) identify the percentage of minority the Act. The Attorney General may file its residents compared to the surrounding non- SEC. 9. SENSE OF CONGRESS. lawsuit to enforce the Act in the appropriate minority residents and the median incomes It is the policy of the United States to en- Federal or State court. A State shall not be of those impacted by a violation of this Act; courage, support, and promote the private ownership of property and to ensure that the immune under the 11th Amendment to the (4) identify all lawsuits brought by the At- constitutional and other legal rights of pri- Constitution of the United States from any torney General under section 5(d) of this Act; vate property owners are protected by the such action in a Federal or State court of (5) identify all States or political subdivi- Federal Government. competent jurisdiction. In such action, the sions that have lost Federal economic devel- defendant has the burden to show by clear opment funds as a result of a violation of SEC. 10. RELIGIOUS AND NONPROFIT ORGANIZA- TIONS. and convincing evidence that the taking is this Act, as well as describe the type and (a) PROHIBITION ON STATES.—No State or not for economic development. The Attorney amount of Federal economic development General may seek any appropriate relief political subdivision of a State shall exercise funds lost in each State or political subdivi- its power of eminent domain, or allow the through a preliminary injunction or a tem- sion and the Agency that is responsible for porary restraining order. exercise of such power by any person or enti- withholding such funds; and ty to which such power has been delegated, (e) LIMITATION ON BRINGING ACTION.—An (6) discuss all instances in which a State or action brought by the Attorney General over property of a religious or other nonpolitical subdivision has cured a violation as profit organization by reason of the non- under this Act may be brought if the prop- described in section 2(c) of this Act. erty is used for economic development fol- profit or tax-exempt status of such organiza- (b) DUTY OF STATES.—Each State and local tion, or any quality related thereto if that lowing the conclusion of any condemnation authority that is subject to a private right of proceedings condemning the property of an State or political subdivision receives Fed- action under this Act shall have the duty to eral economic development funds during any owner or tenant who reports a violation of report to the Attorney General such infor- the Act to the Attorney General, but shall fiscal year in which it does so. mation with respect to such State and local (b) INELIGIBILITY FOR FEDERAL FUNDS.—A not be brought later than seven years fol- authorities as the Attorney General needs to violation of subsection (a) by a State or po- lowing the conclusion of any such pro- make the report required under subsection litical subdivision shall render such State or ceedings. (a). political subdivision ineligible for any Fed- (f) ATTORNEYS’ FEE AND OTHER COSTS.—In SEC. 8. SENSE OF CONGRESS REGARDING RURAL eral economic development funds for a pe- any action or proceeding under this Act AMERICA. riod of 2 fiscal years following a final judg- brought by the Attorney General, the court (a) FINDINGS.—The Congress finds the fol- ment on the merits by a court of competent shall, if the Attorney General is a prevailing lowing: jurisdiction that such subsection has been plaintiff, award the Attorney General a rea- (1) The founders realized the fundamental violated, and any Federal agency charged sonable attorneys’ fee as part of the costs, importance of property rights when they with distributing those funds shall withhold and include expert fees as part of the attor- codified the Takings Clause of the Fifth them for such 2-year period, and any such neys’ fee. Amendment to the Constitution, which refunds distributed to such State or political SEC. 6. NOTIFICATION BY ATTORNEY GENERAL. quires that private property shall not be subdivision shall be returned or reimbursed (a) NOTIFICATION TO STATES AND POLITICAL taken ‘‘for public use, without just com- by such State or political subdivision to the SUBDIVISIONS.— pensation’’. appropriate Federal agency or authority of (1) Not later than 30 days after the enact- (2) Rural lands are unique in that they are the Federal Government, or component ment of this Act, the Attorney General shall not traditionally considered high tax rev- thereof. provide to the chief executive officer of each enue-generating properties for State and (c) PROHIBITION ON FEDERAL GOVERN- State the text of this Act and a description local governments. In addition, farmland and MENT.—The Federal Government or any au- of the rights of property owners and tenants forest land owners need to have long-term thority of the Federal Government shall not under this Act. certainty regarding their property rights in exercise its power of eminent domain over (2) Not later than 120 days after the enact- order to make the investment decisions to property of a religious or other nonprofit or- ment of this Act, the Attorney General shall commit land to these uses. ganization by reason of the nonprofit or tax- compile a list of the Federal laws under (3) Ownership rights in rural land are fun- exempt status of such organization, or any which Federal economic development funds damental building blocks for our Nation’s quality related thereto. are distributed. The Attorney General shall agriculture industry, which continues to be SEC. 11. REPORT BY FEDERAL AGENCIES ON compile annual revisions of such list as nec- one of the most important economic sectors REGULATIONS AND PROCEDURES essary. Such list and any successive revi- of our economy. RELATING TO EMINENT DOMAIN. sions of such list shall be communicated by (4) In the wake of the Supreme Court’s de- Not later than 180 days after the date of the Attorney General to the chief executive cision in Kelo v. City of New London, abuse the enactment of this Act, the head of each officer of each State and also made available of eminent domain is a threat to the prop- Executive department and agency shall re- on the Internet website maintained by the erty rights of all private property owners, in- view all rules, regulations, and procedures United States Department of Justice for use cluding rural land owners. and report to the Attorney General on the by the public and by the authorities in each (b) SENSE OF CONGRESS.—It is the sense of activities of that department or agency to State and political subdivisions of each Congress that the use of eminent domain for bring its rules, regulations and procedures State empowered to take private property the purpose of economic development is a into compliance with this Act. and convert it to public use subject to just threat to agricultural and other property in SEC. 12. SENSE OF CONGRESS. compensation for the taking. rural America and that the Congress should It is the sense of Congress that any and all (b) NOTIFICATION TO PROPERTY OWNERS AND protect the property rights of Americans, in- precautions shall be taken by the govern- TENANTS.—Not later than 30 days after the cluding those who reside in rural areas. ment to avoid the unfair or unreasonable enactment of this Act, the Attorney General Property rights are central to liberty in this taking of property away from survivors of shall publish in the Federal Register and country and to our economy. The use of emi- Hurricane Katrina who own, were be- make available on the Internet website nent domain to take farmland and other queathed, or assigned such property, for eco- maintained by the United States Depart- rural property for economic development nomic development purposes or for the pri- ment of Justice a notice containing the text threatens liberty, rural economies, and the vate use of others.

VerDate Sep 11 2014 01:29 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JY7.014 H23JYPT1 dlhill on DSK3GLQ082PROD with HOUSE H6612 CONGRESSIONAL RECORD — HOUSE July 23, 2018 SEC. 13. DISPROPORTIONATE IMPACT. year that begins after the date of the enact- person and giving to another private If the court determines that a violation of ment of this Act, but shall not apply to any entity. Any State or local government this Act has occurred, and that the violation project for which condemnation proceedings that violates this prohibition will be has a disproportionately high impact on the have been initiated prior to the date of en- ineligible to receive Federal economic poor or minorities, the Attorney General actment. development funds for 2 years. shall use reasonable efforts to locate former The SPEAKER pro tempore (Mr. owners and tenants and inform them of the The protection of property rights is CARTER of Georgia). Pursuant to the violation and any remedies they may have. one of the most important tenets of rule, the gentleman from Wisconsin SEC. 14. DEFINITIONS. our government. I am mindful of the In this Act the following definitions apply: (Mr. SENSENBRENNER) and the gen- long history of eminent domain abuses, (1) ECONOMIC DEVELOPMENT.—The term tleman from New York (Mr. NADLER) particularly in low-income and often ‘‘economic development’’ means taking pri- each will control 20 minutes. predominantly minority neighbor- vate property, without the consent of the The Chair recognizes the gentleman hoods, and the need to stop it. I am owner, and conveying or leasing such prop- from Wisconsin. also mindful of the reasons we should erty from one private person or entity to an- GENERAL LEAVE other private person or entity for commer- allow the government to take the land cial enterprise carried on for profit, or to in- Mr. SENSENBRENNER. Mr. Speak- when the way in which land is being crease tax revenue, tax base, employment, or er, I ask unanimous consent that all used constitutes an immediate threat general economic health, except that such Members may have 5 legislative days to public health and safety. I believe term shall not include— within which to revise and extend their this bill accomplishes both goals. (A) conveying private property— remarks and include extraneous mate- Mr. Speaker, I urge my colleagues to (i) to public ownership, such as for a road, rial on H.R. 1689, currently under con- join me in protecting private property hospital, airport, or military base; sideration. rights for all Americans and limiting (ii) to an entity, such as a common carrier, The SPEAKER pro tempore. Is there the dangerous effects of the Kelo deci- that makes the property available to the objection to the request of the gen- general public as of right, such as a railroad sion on the most vulnerable in our so- or public facility; tleman from Wisconsin? ciety. (iii) for use as a road or other right of way There was no objection. Mr. Speaker, I reserve the balance of or means, open to the public for transpor- Mr. SENSENBRENNER. Mr. Speak- my time. tation, whether free or by toll; and er, I yield myself such time as I may Mr. NADLER. Mr. Speaker, I yield (iv) for use as an aqueduct, flood control consume. myself such time as I may consume. facility, pipeline, or similar use; Mr. Speaker, I am pleased that the Mr. Speaker, I claim the time in op- (B) removing harmful uses of land provided House is considering H.R. 1689, the Pri- position to H.R. 1689, the Private Prop- such uses constitute an immediate threat to vate Property Rights Protection Act. public health and safety; erty Rights Protection Act of 2017. (C) leasing property to a private person or My bill aims to restore the property While I believe this bill is well inten- entity that occupies an incidental part of rights of all Americans that the Su- tioned, it is the wrong approach to a public property or a public facility, such as preme Court took away in 2005. serious problem. It seeks to prevent a retail establishment on the ground floor of The Founders of our country recog- abuse of eminent domain power, but its a public building; nized the importance of an individual’s provisions could cripple the finances of (D) acquiring abandoned property; right to personal property when they State and local governments without (E) clearing defective chains of title; drafted the Constitution. The Fifth even providing a remedy to the victims (F) taking private property for use by a Amendment states: ‘‘nor shall private utility providing electric, natural gas, tele- of an unjust taking. communication, water, wastewater, or other property be taken for public use, with- In Kelo v. City of New London, the utility services either directly to the public out just compensation.’’ Supreme Court upheld the right of a or indirectly through provision of such serv- In Kelo v. City of New London, the municipality to use eminent domain ices at the wholesale level for resale to the Supreme Court decided that economic authority to take private property and public; and development could be a public use to transfer it to another private entity (G) redeveloping of a brownfield site as de- under the Fifth Amendment’s Takings for a public purpose. Building on a cen- fined in the Small Business Liability Relief Clause. In a 5–4 decision, the Court held and Brownfields Revitalization Act (42 U.S.C. tury of precedent defining public use to that the government could take pri- include a public purpose, the Court 9601(39)). vate property from an owner—in this (2) FEDERAL ECONOMIC DEVELOPMENT held such a transfer did not violate the FUNDS.—The term ‘‘Federal economic devel- case, Susette Kelo—to help a corpora- Fifth Amendment’s Takings Clause, opment funds’’ means any Federal funds dis- tion or private developer—in this case, which provides that no person’s private tributed to or through States or political Pfizer. property shall be taken for public use subdivisions of States under Federal laws de- The now infamous Kelo decision gen- without just compensation. signed to improve or increase the size of the erated a massive backlash. As former Critics of the Kelo decision believe economies of States or political subdivisions Justice O’Connor stated: ‘‘The govern- of States. that the Court overreached and that ment now has license to transfer prop- eminent domain should be exercised (3) STATE.—The term ‘‘State’’ means each erty from those with fewer resources to of the several States, the District of Colum- only when the taken property will be bia, the Commonwealth of Puerto Rico, or those with more. The Founders cannot owned by the government or by a pri- any other territory or possession of the have intended this perverse result.’’ vate entity operating as a public util- United States. Even in the 13 years since Kelo, polls ity. SEC. 15. LIMITATION ON STATUTORY CONSTRUC- show that Americans overwhelmingly TION. oppose property being taken and trans- b 1545 Nothing in this Act may be construed to ferred to another private owner, even if H.R. 1689 would overturn Kelo by pro- supersede, limit, or otherwise affect any pro- it is for the public economic good. hibiting any State or local government vision of the Uniform Relocation Assistance The Private Property Rights Protec- that receives Federal economic devel- and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.). tion Act is needed to restore to all opment funds from using eminent do- SEC. 16. BROAD CONSTRUCTION. Americans the property rights the Su- main to transfer private property to This Act shall be construed in favor of a preme Court invalidated. Although sev- another private entity for the purpose broad protection of private property rights, eral States have since passed legisla- of economic development. to the maximum extent permitted by the tion to limit their power to eminent The bill broadly defines economic de- terms of this Act and the Constitution. domain, and a number of supreme velopment funds to include any Federal SEC. 17. SEVERABILITY AND EFFECTIVE DATE. courts have barred the practice under funds distributed to States or localities (a) SEVERABILITY.—The provisions of this their State constitutions, these laws under laws designed to improve or in- Act are severable. If any provision of this exist on a varying degree. crease their economies. Should a State Act, or any application thereof, is found un- H.R. 1689 would prohibit State and or local government violate this prohi- constitutional, that finding shall not affect any provision or application of the Act not local governments that receive Federal bition, it is subject to the loss of all so adjudicated. economic development funds from such funds for 2 years. (b) EFFECTIVE DATE.—This Act shall take using economic development as a jus- This draconian remedy could poten- effect upon the first day of the first fiscal tification for taking property from one tially devastate the finances of State

VerDate Sep 11 2014 01:29 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JY7.014 H23JYPT1 dlhill on DSK3GLQ082PROD with HOUSE July 23, 2018 CONGRESSIONAL RECORD — HOUSE H6613 and local governments. Even projects I would also point out that this bill is was by condemning the house and al- unrelated to takings could lose fund- unnecessary, since more than 40 States lowing an office building to be built so ing, and cities could face bankruptcy have already moved aggressively to that the community could collect high- simply by incorrectly guessing whether narrow their eminent domain laws in er property taxes because the office a given project would sufficiently qual- the 13 years since Kelo was decided. building would end up being assessed at ify as being for a public use. The poten- Finally, H.R. 1689 undermines fed- a greater value than Mrs. Kelo’s house. tial loss of such funding would also eralism, and it may raise constitu- Now, that was the so-called public pur- have a chilling effect on a govern- tional concerns. Subject to the Takings pose. ment’s willingness to use eminent do- Clause, local land use decisions are The thing is, without this legislation, main to promote legitimate economic generally left to the judgments of any property that could be taxed high- development projects. State and local governments, which are er if it were condemned and there were Even if a government never takes a in the best position to weigh local con- a replacement property that was put prohibited action, it would likely be ditions and competing interests. This up could end up being condemned under adversely impacted by this bill. Just is the essence of federalism, and Con- the Kelo decision, and the homeowner the potential loss of significant Fed- gress should not be in the business of would be out of luck and out of their eral funding may make it impossible sitting as a national zoning board. house and have to find some more for a government to sell municipal Also, the loss of all economic fund- housing. bonds or could require a government to ing, even for projects that may have The second complaint the gentleman pay inordinate interest rates given the nothing to do with takings, is so draco- from New York makes is that the pen- possibility that it might, at some point nian that it may amount to an uncon- alties for violations are too severe. in the future, use eminent domain im- stitutional coercion of State and local Well, you don’t change the activity of properly and thereby lose all Federal governments. anybody if there are no penalties at all economic aid and, with it, the ability Accordingly, I oppose this bill, and I or the penalty is just a tap on the to repay the bonds. would simply make two comments to wrist. Just think of what would happen The power of eminent domain is an amplify on what I said. if we still had a law that said that ev- extraordinary one and it should be used If you want to stop improper takings, erybody had to stop at a red light, but with great care. Historically, there are all right, but have a proper remedy. there was never a fine or any points or examples of States and localities abus- Allow the alleged victim of the im- any impact on one’s insurance policy ing eminent domain for purely private proper taking to go to court, sue for an because there was no moving vehicle gain or to favor one community at the injunction to stop the improper taking, violation. Good luck everybody in this expense of another. When used inappro- and get monetary damages, if any. country getting home from work to- priately, this power has wrecked com- That would be at least a reasonable night if that were the attitude toward munities for projects, resulting in lit- remedy. traffic violations. There has to be some tle economic benefit. Instead, this bill says that you can’t kind of a severe violation. When used appropriately, however, go to court to get an injunction; you If the city is concerned that they eminent domain is an important tool, can’t get damages. All you can do is might be violating the terms of this making possible transportation net- wait until after the improper taking bill, they can always go to court and works, irrigation projects, and other has occurred—you already lost your ask that their condemnation action be important public works that support property—then you can go to court; withdrawn. Hopefully, the judge will communities and are integral to their and if the court finds you are right, grant it to be withdrawn with preju- economic and social well-being. that it was an improper use of the emi- dice, but at least it can be withdrawn. Unfortunately, this bill’s vague defi- nent domain procedure, then the gov- The city can stop this procedure any nitions may prohibit projects that have ernment will lose economic aid for 2 time they want to before there is an a genuine public purpose while allow- years. It doesn’t help the plaintiff. It actual condemnation judgment that is ing others that historically have doesn’t help the property owner. All it entered by the court. This is designed abused eminent domain. does is bankrupt the community. So to slow down and stop legislation when For example, this bill allows use of what is the point? the sole public purpose is to collect eminent domain to give property to a Second, as I mentioned before, this more property taxes because there is a private party ‘‘such as a common car- could injure communities that never do more expensive structure that is being rier that makes the property available an improper taking because, if I am the built there. for use by the general public as of mayor, I may not be able to float a Both of these arguments, I think, do right.’’ That would seem to include a bond lest somebody think that maybe not have any merit whatsoever and stadium, which is privately owned and my successor once or twice removed that is why this bill ought to pass. available for use by the general public may, 20 years down the line or 10 years Mr. Speaker, I yield the balance of as of right. down the line, do an improper taking. my time to the gentleman from Vir- On the other hand, communities And then the Federal Government ginia (Mr. GOODLATTE), and I ask unan- could be barred from using eminent do- would come in, stop all economic aid, imous consent that he may control main to pursue affordable housing and we wouldn’t be able to repay the that time. projects if they are built using a pub- bonds. The SPEAKER pro tempore. Is there lic-private partnership, such as the So this would impair the ability of objection to the request of the gen- HOPE VI program, which uses Federal States or local governments to bond tleman from Wisconsin? money to encourage private develop- for projects. It wouldn’t help the vic- There was no objection. ment of mixed-income housing. tim—there may even be no victim—but Mr. GOODLATTE. Mr. Speaker, I re- Yet another shortcoming of the bill it would hurt the government. It serve the balance of my time. is that it does not actually help an ag- makes no sense. This is a real problem. Mr. NADLER. Mr. Speaker, I yield grieved property owner or tenant be- Mr. Speaker, I urge my colleagues to myself such time as I may consume. cause it would not allow them to sue to vote ‘‘no,’’ and I reserve the balance of Mr. Speaker, I first comment, the stop the allegedly prohibited taking. my time. gentleman from Wisconsin says that The bill only authorizes suit after a Mr. SENSENBRENNER. Mr. Speak- we object that the penalty is too se- condemnation proceeding has con- er, I yield myself such time as I may vere. We do not object that the penalty cluded, when it is too late. consume. is too severe. We object that the pen- In addition, injured persons would Mr. Speaker, there are two flaws in alty is irrelevant, that the penalty not be entitled to any damages other the gentleman’s argument. The first won’t help the plaintiff. It won’t help than the just compensation they got at flaw, we ought to go back to why the to prevent the misuse, number one. the time of the taking. All they could Kelo case got to the Supreme Court. And number two, it could be a plot get is the psychic satisfaction they Mrs. Kelo owned a house. She didn’t that would have the practical effect, may receive from bankrupting their want to sell it. What the city decided is when there is no misuse, no taking at community after the fact. that the public purpose that was served all, of having a deleterious effect on

VerDate Sep 11 2014 01:29 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.036 H23JYPT1 dlhill on DSK3GLQ082PROD with HOUSE H6614 CONGRESSIONAL RECORD — HOUSE July 23, 2018 the community’s bond rating, even It has got nothing to do with the ac- Mr. RASKIN. Isn’t that what the when there is no taking. tual problem. It doesn’t help the people Medicaid decision was all about? If you are going to do this bill and who are actually suffering under the Mr. NADLER. Yes. The Medicaid de- you want to narrow the definition of a problem of eminent domain abuse. cision said you cannot draft the local public purpose, which is the purpose of If we want to help them, let’s give government to exercise a function for the bill, I am not sure we can do that, them a Federal right of action; or, if the Federal Government, which this given the fact that the Supreme Court all you can do is cut off Federal money, would seem to do also. has decided what it is. Assuming we cut off the particular city that is in- Mr. RASKIN. Doesn’t it also say that could do that, fine, but have an appro- volved, but not every city or county we can’t threaten to drive you out of priate remedy, a remedy that would en- that is receiving money under a Fed- the Medicaid program entirely because able the plaintiffs to get an injunction eral program. you refuse to accept one particular pro- against the taking, that would give Mr. NADLER made a point which I gram that we want to impose upon them monetary damages, which is the thought was really interesting, which you? way we normally do things, not a rem- is that this is a solution that doesn’t Mr. NADLER. That is exactly what it edy that will not prevent the taking address the problem. If we want to save said. and only will damage a community, people from getting evicted from their Mr. RASKIN. Not only is this legisla- whether or not it does any improper homes under the Kelo decision, which tion completely illusory in terms of takings. That doesn’t make sense. President Trump applauded and said he not really helping people who have the Mr. Speaker, I yield such time as he supports 100 percent, but if we want to problem, but it might just be struck may consume to the gentleman from save people from policies under the down. Mr. Speaker, how can you cut off the Maryland (Mr. RASKIN). Kelo decision, shouldn’t we give them Mr. RASKIN. Mr. Speaker, I want to rights rather than make some kind of people of Newark, New Jersey, or Free- ask the gentleman a couple of ques- Federal subsidy decision which is of hold, New Jersey, because of something tions, but I want to preface my ques- constitutional question, in any event? that happens in Atlantic City, New tions by saying I think that this is a Mr. NADLER. Will the gentleman Jersey? It doesn’t even help the people terrible lost opportunity for serious, yield? in Atlantic City, New Jersey, who are bipartisan legislation to address the Mr. RASKIN. I yield to the gen- facing the problem with the big real es- problem of eminent domain abuse that tleman from New York. tate developer who has bought up all has been taking place across the coun- Mr. NADLER. Mr. Speaker, I agree the political power to try to drive try and has been for several decades. I with the gentleman. The standard way somebody out of their home. Mr. NADLER. I agree with the gen- recommend to everybody a report of in which someone can vindicate rights tleman. I think the gentleman from the Cato Institute by David Boaz, is to sue. If the local government wants to abuse the rights of a homeowner, Maryland makes a very valid point. which summarizes what is taking place Mr. Speaker, for all these reasons, I let’s say, by an improper taking, the around the country. oppose this bill. I would simply say: We One of the worst perpetrators of emi- proper way for us to help is to give agree there is a serious problem with them the right to sue and to get in- nent domain abuse in the country is a abuse of eminent domain, and we agree business developer named Donald junctive relief. Let them go into Fed- there may very well be decent legisla- Trump. In the mid-1990s, he built the eral court and get an injunction which tion that would do something about casino and the hotel in Atlantic City, says: Do not tear down the building. Do the problem. but he wanted to evict a woman named not take away title. You can’t do it be- If you are going to do it, draft legis- Vera Coking, who was exactly in the cause this is too broad a use of taking. lation that really deals with the prob- same position as Mrs. Kelo would be in It is a violation of the Fifth Amend- lem, that is constitutional, that will a decade later. ment. protect the small person such as Mrs. She had lived in this Victorian house This bill won’t actually help that Kelo but that won’t bankrupt the com- at the end of the boardwalk in Atlantic person because it gives them no rights munity in a way that is probably un- City for several decades, but Donald except the right after they have lost constitutional anyway. Trump wanted to build a VIP limo the property. It gives them the right to This bill is not the solution. We parking lot to go with the existing go to court and not get any relief for could, on a bipartisan basis, work for hotel. He offered her some money and themselves, not get the property back, an intelligent solution, but this is not she said: No, thank you. My family has not get any monetary damages, not get it. Accordingly, I urge a ‘‘no’’ vote. lived in this house for a long time. We an injunction. It gives them the right Mr. Speaker, I urge the defeat of this want to stay here. Our kids go to to go into court and seek to block fi- legislation, and I yield back the bal- school here. nancial aid to the community. So they ance of my time. He offered her a little bit more can say, ‘‘I took revenge on the com- Mr. GOODLATTE. Mr. Speaker, may money and she said: No, it’s not for munity,’’ but what is the point? It I inquire how much time I have resale. We are going to stay here. doesn’t help them. maining. So they created something called the Mr. RASKIN. Reclaiming my time, The SPEAKER pro tempore. The gen- Casino Reinvestment Development Au- rather than giving actual rights to peo- tleman from Virginia has 14 minutes thority, controlled by, essentially, the ple in the position of Mrs. Kelo or Mrs. remaining. Trump Corporation, but they got the Coking, who is going to be forced out of Mr. GOODLATTE. Mr. Speaker, I city to do it, and they tried to force her house in Atlantic City, this, in- yield myself the balance of my time. her out. Luckily, the Cato Institute stead, places a very broad burden on First of all, the protection of private and some libertarian lawyers defended the government and in such a way that ownership of property is vital to indi- her rights. it, I think, renders the whole legisla- vidual freedom and national pros- But the legislation that is being tion constitutionally suspect. perity. It is also one of the most funda- brought forward today by the Repub- Mr. Speaker, don’t we have constitu- mental constitutional principles, as licans now on a totally partisan basis tional decisions that say the govern- the Founders enshrined property rights would do nothing for people in the situ- ment or Congress can’t go so far as to protections throughout the Constitu- ation of Mrs. Coking or Mrs. Kelo, be- punish an entire State government for tion, including in the Fifth Amend- cause it doesn’t give them any rights something that one municipality does? ment, which provides that private to sue. All it says is we are going to cut Doesn’t it seem like it is sort of going property shall not be taken for public off money to government agencies. nuclear in order to get a mosquito? use without just compensation. It would be like saying: Well, in a I yield to the gentleman from New This clause created two conditions to case like that, we will cut off money to York. the government taking private prop- every city and town in New Jersey, not erty: first, the subsequent use of the just Atlantic City, but to Newark, New b 1600 property must be for the use of the Jersey, and to Freehold, New Jersey. Mr. NADLER. I think there are such public and, second, that the govern- We are going to cut off money all over decisions, and this would seem to vio- ment must pay the owner just com- the State. late them. pensation for the property.

VerDate Sep 11 2014 01:29 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.037 H23JYPT1 dlhill on DSK3GLQ082PROD with HOUSE July 23, 2018 CONGRESSIONAL RECORD — HOUSE H6615 However, more than a decade ago the Americans that their hopes, dreams, act only in areas in which the State Supreme Court, in the 5–4 Kelo v. City and hard work do not matter as much general assembly has granted clear au- of New London decision, expanded the as money and political influence. The thority. ability of State and local governments use of eminent domain for private de- So, in Virginia, local governments to exercise eminent domain powers be- velopment has no place in a country have only the authorities granted to yond what is allowed by the text of the built on traditions of independence, them by the General Assembly, and the Constitution, by allowing government hard work, and protection of property Virginia General Assembly has empow- to seize property under the vague guise rights. ered local governments in Virginia to of economic development, even when This legislation has passed the House condemn property for roads, schools, the public use turns out to be nothing three times previously, either by voice and other public uses, but local govern- more than the generation of tax reve- vote or with the support of at least 80 ments do not have the right to con- nues by another private party after the percent of House Members in an over- demn property for economic develop- government takes property from pri- whelmingly bipartisan vote, only to be ment. vate individuals and gives it to another stalled in the Senate. But the fight for In fact, back in 2000, Virginia Beach private entity. people’s homes continues, as will this city government tried to condemn pri- As the dissenting Justices observed, committee’s efforts to protect Federal vate property on the oceanfront to help by defining public use so expansively, taxpayers from any involvement in a Hilton hotel build a parking garage, the result of the Kelo decision is, effec- eminent domain abuse. but Circuit Court Judge H. Thomas tively, to delete the words ‘‘for public Just a few years ago, every single Re- Padrick, Jr., ruled that Virginia Beach use’’ from the Takings Clause of the publican Member voted for the very could not use eminent domain for that Fifth Amendment. The specter of con- same legislation on the House floor, as purpose, finding that the legislature demnation hangs over all property. The did two-thirds of Democratic Members. did not intend to allow a city to con- government now has license to transfer I urge my colleagues to join me in sup- demn property solely for its economic property from those with few resources porting this overwhelmingly bipartisan benefit and development. Indeed, after the Supreme Court to those with more. The Founders can- effort. handed down its notorious decision in not have intended this perverse result. I want to respond to some of the In the wake of this decision, State issues raised by the gentleman from the Kelo case, a spokeswoman for the and local governments can use eminent New York and the gentleman from Virginia attorney general said the fol- domain powers to take the property of Maryland. Pursuant to Congress’ pow- lowing: any individual for nearly any reason. ers under the Constitution’s Spending As per the constitution of Virginia, public Clause, the Private Property Rights use in eminent domain is defined by the gen- Cities may now bulldoze citizens’ eral assembly. There is no proviso in our homes, farms, churches, and small Protection Act conditions the receipt constitution to use eminent domain for eco- businesses to make way for shopping of Federal economic development funds nomic development. malls or other developments. on State and local governments agree- As a result of the Kelo decision, this To help prevent such abuse, using ing not to use eminent domain for pri- bill won’t have an impact on Virginia. Congress’ constitutional legislative vate economic development takings. Finally, regarding Representative powers, it is important Congress fi- Federal law currently permits ex- RASKIN’s comments about how the bill nally passes the Private Property pending Federal funds to support the relates to the Supreme Court’s NFIB v. Rights Protection Act. use of eminent domain for these abu- Sebelius case, the ObamaCare case, the I want to thank Mr. SENSENBRENNER sive takings. In our current economy, bill, as currently drafted, would cer- for reintroducing this legislation. He and with the Federal Government run- tainly not run afoul of anything in it and I have worked together on this ning deficits every year, Congress for several reasons. issue for many years, and I am pleased should not be spending American tax- The court made clear in the case that that this legislation incorporates many payers’ scarce economic development Congress may attach appropriate con- provisions from legislation I helped to funds to support State and local gov- ditions to Federal taxing and spending introduce in the 109th Congress, the ernments that unconstitutionally de- programs to preserve its control over STOPP Act. prive hardworking Americans of their the use of Federal funds. That is what Specifically, the Private Property homes, farms, and small businesses. the bill does: deny the use of Federal Rights Protection Act would prohibit By conditioning the receipt of Fed- economic development funds to juris- State and local governments from re- eral economic development funds on dictions that have demonstrated their ceiving Federal economic development State and local governments agreeing willingness to abuse eminent domain funds for 2 years when they use eco- not to take property for commercial and thereby demonstrated their will- nomic development as a justification development, this provision in the bill ingness to use Federal funds to further for taking property from one person ends the Federal Government’s future abuses of eminent domain if al- and giving it to another private entity. complicit support of eminent domain lowed to do so. In addition, this legislation grants abuse. The court went on to cite the South adversely affected landowners the right The enforcement provisions in the Dakota v. Dole case, in which a Federal to use appropriate legal remedies to base bill are comprehensive, and they law threatened to withhold 5 percent of enforce the provisions of the bill and include all manner of relief from pre- a State’s Federal Highway Fund if the allows State and local governments to liminary injunctions and temporary re- State did not raise its drinking age to cure violations by giving the property straining orders, to the awarding of at- 21. The court found that the condition back to the original owner. torney’s fees, to the ability of the was directly related to one of the main The bill also includes a carefully State or locality to return or replace purposes for which highway funds are crafted definition of economic develop- the property to avoid the penalties expended: safe interstate travel. ment that protects traditional uses of under the bill. Even those comprehen- In the same way, the bill’s restric- eminent domain, such as taking land sive enforcement mechanisms, on their tions are directly related to one of the for public uses like roads and pipelines, own, are not enough. We must end Fed- main purposes for which Congress while prohibiting abuses of the emi- eral monetary support for economic de- should intend Federal economic devel- nent domain power. velopment takings. opment funds to be expended: economic No one should have to live in fear of If State governments retain control development that does not infringe on the government’s taking their home, over eminent domain decisions, then, the property rights of individual prop- farm, or business simply to give it to a of course, those States should be held erty owners. wealthier person or corporation. As the responsible for the State’s own actions. The court pointed out that, in the Institute for Justice’s witness observed But in Virginia, my State, local gov- South Dakota v. Dole case, the Federal during a hearing on this bill, using ernments are not allowed to condemn funds at stake constituted less than eminent domain so that another richer, property for economic development one-half of 1 percent of South Dakota’s better-connected person may live or purposes. In Virginia, the so-called Dil- budget at the time; whereas, the poten- work on the land you used to own tells lon Rule provides that localities can tial loss of funds at issue in NFIB v.

VerDate Sep 11 2014 01:29 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.039 H23JYPT1 dlhill on DSK3GLQ082PROD with HOUSE H6616 CONGRESSIONAL RECORD — HOUSE July 23, 2018 Sebelius were such that Medicaid tecting the constitutional rights of entered before, on, or after the date of enact- spending accounts were over 20 percent law-abiding citizens. ment of this Act. of the average State’s total budget. Mr. Speaker, I yield back the balance SEC. 4. CONSENT OF CERTAIN PARTIES TO PER- No one is claiming that Federal eco- of my time. SONAL JURISDICTION. nomic development funds, however de- The SPEAKER pro tempore. The (a) IN GENERAL.—Section 2334 of title 18, fined, would constitute anything near question is on the motion offered by United States Code, is amended by adding at the end the following: 20 percent of a State’s total budget. the gentleman from Virginia (Mr. ‘‘(e) CONSENT OF CERTAIN PARTIES TO PER- In NFIB v. Sebelius, the court also GOODLATTE) that the House suspend SONAL JURISDICTION.— cited the Pennhurst v. Halderman case the rules and pass the bill, H.R. 1689. ‘‘(1) IN GENERAL.—Except as provided in and characterized its holdings as, The question was taken; and (two- paragraph (2), for purposes of any civil ac- though Congress’ power to legislate thirds being in the affirmative) the tion under section 2333 of this title, a defend- under the Spending Clause is broad, it rules were suspended and the bill was ant shall be deemed to have consented to does not include surprising partici- passed. personal jurisdiction in such civil action if, pating States with post-acceptance or A motion to reconsider was laid on regardless of the date of the occurrence of retroactive conditions. the table. the act of international terrorism upon That, of course, is not the case with which such civil action was filed, the defend- f ant— the bill, which applies its prohibition ‘‘(A) after the date that is 120 days after upon the receipt of Federal economic ANTI-TERRORISM CLARIFICATION ACT OF 2018 the date of enactment of this subsection, ac- development funds only after a State cepts— had been found by a court, in a final Mr. GOODLATTE. Mr. Speaker, I ‘‘(i) any form of assistance, however pro- judgment on the merits, to have vio- move to suspend the rules and pass the vided, under chapter 4 of part II of the For- lated the act. bill (H.R. 5954) to amend title 18, eign Assistance Act of 1961 (22 U.S.C. 2346 et Finally, not only is it implausible United States Code, to clarify the seq.); that the bill would ever run afoul of meaning of the terms ‘‘act of war’’ and ‘‘(ii) any form of assistance, however provided, under section 481 of the Foreign As- Supreme Court precedent due to the ‘‘blocked asset’’, and for other pur- sistance Act of 1961 (22 U.S.C. 2291) for inter- relatively small size of Federal eco- poses, as amended. national narcotics control and law enforce- nomic development funds in the con- The Clerk read the title of the bill. ment; or text of a State or a locality’s entire an- The text of the bill is as follows: ‘‘(iii) any form of assistance, however pro- nual budget; the bill contains a further H.R. 5954 vided, under chapter 9 of part II of the For- eign Assistance Act of 1961 (22 U.S.C. 2349bb safety valve in that it gives the attor- Be it enacted by the Senate and House of Rep- et seq.); or ney general the discretion to promul- resentatives of the United States of America in ‘‘(B) in the case of a defendant benefiting gate precisely which Federal funding Congress assembled, from a waiver or suspension of section 1003 of streams are Federal economic develop- SECTION 1. SHORT TITLE. the Anti-Terrorism Act of 1987 (22 U.S.C. ment funds under the bill. So, if a con- This Act may be cited as the ‘‘Anti-Ter- 5202) after the date that is 120 days after the stitutional issue ever arose, the attor- rorism Clarification Act of 2018’’. date of enactment of this subsection— ney general could simply scale back SEC. 2. CLARIFICATION OF THE TERM ‘‘ACT OF ‘‘(i) continues to maintain any office, the size of its promulgated list accord- WAR’’. headquarters, premises, or other facilities or ingly. (a) IN GENERAL.—Section 2331 of title 18, establishments within the jurisdiction of the It seems to me it can’t be claimed United States Code, is amended— United States; or (1) in paragraph (4), by striking ‘‘and’’ at ‘‘(ii) establishes or procures any office, this bill is unconstitutional under any the end; reasonable reading of any existing Su- headquarters, premises, or other facilities or (2) in paragraph (5), by striking the period establishments within the jurisdiction of the preme Court precedent. at the end and inserting ‘‘; and’’; and United States. Regarding federalism values gen- (3) by adding at the end the following: ‘‘(2) APPLICABILITY.—Paragraph (1) shall erally, the key point is that there actu- ‘‘(6) the term ‘military force’ does not in- not apply to any defendant who ceases to en- ally is a very close nexus between Fed- clude any person that— gage in the conduct described in paragraphs eral development funding and eminent ‘‘(A) has been designated as a— (1)(A) and (1)(B) for 5 consecutive calendar domain, even if the funding is not used ‘‘(i) foreign terrorist organization by the years.’’. on eminent domain projects. Secretary of State under section 219 of the (b) APPLICABILITY.—The amendments made Immigration and Nationality Act (8 U.S.C. Money is fungible, of course. If the by this section shall take effect on the date 1189); or of enactment of this Act. bill were amended to disallow only the ‘‘(ii) specially designated global terrorist use of Federal economic development (as such term is defined in section 594.310 of The SPEAKER pro tempore. Pursu- funds on eminent domain projects, it title 31, Code of Federal Regulations) by the ant to the rule, the gentleman from would be very easy for an offending ju- Secretary of State or the Secretary of the Virginia (Mr. GOODLATTE) and the gen- risdiction to game the system by artifi- Treasury; or tleman from New York (Mr. NADLER) cially segmenting a project into parts ‘‘(B) has been determined by the court to each will control 20 minutes. that use eminent domain and parts not be a ‘military force’.’’. The Chair recognizes the gentleman (b) APPLICABILITY.—The amendments made from Virginia. that don’t. That segmentation would by this section shall apply to any civil ac- happen both vertically, by dividing a tion pending on or commenced after the date project into stages, and horizontally, of the enactment of this Act. b 1615 by dividing a single project into very SEC. 3. SATISFACTION OF JUDGMENTS AGAINST GENERAL LEAVE small geographic segments. TERRORISTS. The entirely appropriate federalism (a) IN GENERAL.—Section 2333 of title 18, Mr. GOODLATTE. Mr. Speaker, I ask message the base bill sends to States United States Code, is amended by inserting unanimous consent that all Members and localities is that, if you are going at the end following: have 5 legislative days to revise and ex- to do economic development but abuse ‘‘(e) USE OF BLOCKED ASSETS TO SATISFY tend their remarks and include extra- JUDGMENTS OF U.S. NATIONALS.—For pur- eminent domain, that is fine, but you neous materials on H.R. 5954, currently poses of section 201 of the Terrorism Risk In- under consideration. will be on your own for a while and go surance Act of 2002 (28 U.S.C. 1610 note), in without Federal taxpayer complicity any action in which a national of the United The SPEAKER pro tempore. Is there in your abuse of eminent domain. States has obtained a judgment against a objection to the request of the gen- Mr. Speaker, this is good legislation. terrorist party pursuant to this section, the tleman from Virginia? The concerns addressed by the minor- term ‘blocked asset’ shall include any asset There was no objection. ity are addressed clearly in this legis- of that terrorist party (including the blocked Mr. GOODLATTE. Mr. Speaker, I lation. There is strong bipartisan sup- assets of any agency or instrumentality of yield myself such time as I may con- port for this bill. Mr. Speaker, I urge that party) seized or frozen by the United sume. States under section 805(b) of the Foreign my colleagues to pass this and, once Narcotics Kingpin Designation Act (21 U.S.C. Mr. Speaker, Congress enacted the again, send it to the United States Sen- 1904(b)).’’. Anti-Terrorism Act of 1992 in order to ate, where we can only hope that they (b) APPLICABILITY.—The amendments made help combat international terrorism will someday see the wisdom of pro- by this section shall apply to any judgment and to provide some level of financial

VerDate Sep 11 2014 01:29 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.040 H23JYPT1 dlhill on DSK3GLQ082PROD with HOUSE July 23, 2018 CONGRESSIONAL RECORD — HOUSE H6617 justice to American victims of ter- ity of victims to bring terrorists and Hezbollah rocket attacks into Israel rorism. The 1992 act added a civil rem- their supporters to justice under the from pursuing their claims under the edy to the ATA’s existing criminal re- ATA’s civil liability regime. ATA. Yet, in another case, a different gime, removing jurisdictional hurdles The ATA was specifically designed to court concluded that gunshots fired that often confounded terrorism vic- provide extraterritorial jurisdiction into Israel by Hamas that resulted in tims’ ability to get their day in court. over terrorists who attack U.S. nation- injury to a U.S. civilian did not con- The act has been largely successful. als overseas. However, these recent stitute an act of war and, therefore, However, from time to time, the 1992 cases have severely limited the was compensable. act has also needed modifications to extraterritorial scope of the ATA. H.R. 5954 resolves this confusion by ensure that it is fully serving its pur- The Anti-terrorism Clarification Act specifying, among other things, that a poses. For instance, just last Congress, amends the jurisdiction and venue sec- foreign terrorist organization or a spe- in the Justice Against Sponsors of Ter- tion of the ATA to make clear that de- cially designated global terrorist, as rorism Act, I helped lead the charge in fendants who take advantage of certain designated by the executive branch, is the House to amend the civil liability benefits provided by the U.S. Govern- not a ‘‘military force’’ and, therefore, provision to make sure that those who ment shall be deemed to have con- is subject to ATA liability. aid and abet or conspire with foreign sented to personal jurisdiction in U.S. This change makes it clear that vio- terrorist organizations are liable under courts in ATA civil actions. No defend- lent actions targeted at U.S. civilians the ATA. ant should be able to accept U.S. for- by a terrorist group are acts of ter- In addition, in 2012, the Judiciary eign assistance while simultaneously rorism that could give rise to liability Committee worked to lengthen the dodging responsibility in U.S. courts under the ATA. Indeed, to read the act statute of limitations on civil ATA for supporting or carrying out terrorist of war exception otherwise, as some claims to provide victims with the attacks that harm Americans. courts have done, threatens to under- time they need to file these often com- I want to thank Ranking Member mine the ATA’s entire purpose. plex lawsuits. NADLER, along with Senate Judiciary Even if victims successfully obtain a The bill we are considering today, Committee Chairman GRASSLEY and judgment under the ATA, many plain- the Anti-terrorism Clarification Act, Senate Commerce, Science, and Trans- tiffs find it impossible to obtain full builds on these previous technical portation Committee Ranking Member compensation for their injuries because amendments to the ATA. It makes NELSON for joining me in introducing there are not sufficient assets available three needed improvements in order to this bicameral and bipartisan bill. to satisfy the judgment. This bill better ensure that victims of inter- I urge my colleagues to support us in would address that problem as well. national terrorism can obtain justice passing this legislation to clarify ambi- Under current law, terrorism victims in U.S. courts against terrorists and guities in the ATA that terrorist spon- can reach assets blocked pursuant to their supporters. sors have exploited to evade liability the Trading with the Enemy Act or the First, the bill clarifies the ATA’s act so that we can help ensure that Ameri- International Emergency Economic of war exception. Defendants accused cans are able to hold terrorists and Powers Act to satisfy terrorism-related of aiding and abetting acts of inter- their supporters accountable. court judgments. This bill would sim- national terrorism have been attempt- Mr. Speaker, I reserve the balance of ply allow terrorism victims also to ating to use this exception as a means of my time. tach assets that have been blocked pur- avoiding civil liability, even in cases in Mr. NADLER. Mr. Speaker, I yield suant to the Foreign Narcotics Kingpin which the plaintiffs’ injuries were myself such time as I may consume. Designation Act. caused by the actions of designated ter- Mr. Speaker, I rise in support of H.R. The final hurdle to bringing ATA rorist groups. 5954, the Anti-terrorism Clarification claims that this bill helps overcome is For example, in Kaplan v. Central Act of 2018. This bipartisan bill, of an overly narrow reading of personal Bank of Iran, the defendant financial which I am proud to be the lead Demo- jurisdiction that some courts have ap- institution successfully argued that cratic sponsor, amends the Anti-Ter- plied, which has prevented some vic- rocket attacks against civilians car- rorism Act, or ATA, to make it easier tims from bringing those responsible ried out by Hezbollah, a designated for- for American victims of international for their injuries to justice. eign terrorist organization, were acts terrorism to have their day in court, to Most recently, this occurred in the of war and, thus, outside the scope of obtain some measure of justice for Second Circuit’s misguided decision in the ATA’s civil liability provisions. their injuries, and to hold terrorists ac- Sokolow v. PLO. In Sokolow, several The act of war exception should not countable for their heinous acts. plaintiffs, including Morris and Eva be a liability shield for those who aid The ATA provides that U.S. nation- Waldman, two of my constituents, or abet attacks carried out by des- als, or their survivors or heirs, may re- sought relief under the ATA for inju- ignated terrorist organizations. cover treble damages and attorney’s ries sustained as a result of various This legislation amends the defini- fees and costs for any civil action aris- terrorist attacks in Israel that killed tion of ‘‘act of war’’ in the ATA to clar- ing from an injury sustained by an act or injured U.S. citizens. ify that the exception does not apply to of international terrorism. Although a district court awarded U.S. Government-designated foreign H.R. 5954 seeks to minimize certain the plaintiffs $655 million in damages, terrorist organizations or specially des- procedural obstacles that ATA plain- the Second Circuit reversed, wrongly ignated global terrorists. tiffs have encountered in their at- concluding, in my view, that the dis- Second, at the urging of Representa- tempts to obtain full relief for their in- trict court lacked personal jurisdiction tive POSEY, the author of the CAPTIVE juries. For example, the ATA contains over the defendants in that case; name- Act, we included language in the bill to an exception for injuries caused by an ly, the Palestinian Liberation Organi- strengthen the ATA’s civil enforce- ‘‘act of war,’’ which it defines, in rel- zation and the Palestinian Authority. ment regime by permitting victims of evant part, as including ‘‘armed con- The court reasoned that the defend- narcoterrorism to satisfy their court- flict between military forces of any or- ants’ contacts, including maintaining awarded judgments with the assets of igin.’’ offices in Washington and New York foreign narcotics drug kingpins. Assets Unfortunately, this ambiguous statu- and the activities associated with blocked by the Federal Government tory language has led to considerable those offices, were insufficient to sup- under the Kingpin Designation Act are confusion among Federal courts as to port personal jurisdiction. not currently available to victims, the proper scope of the act of war ex- This bill responds to the Second Cir- leaving victims of the FARC and other ception, and even as to the proper kind cuit’s decision by deeming a party to narcoterrorists without a meaningful of analysis to apply when the armed have consented to personal jurisdiction method of getting compensation for conflict at issue involves a terrorist if the party accepts foreign assistance their injuries. group such as Hamas or Hezbollah. of any kind from the United States be- Finally, this legislation addresses re- For example, in one case, the court ginning 120 days after the bill’s enact- cent Federal court decisions that have found that the act of war exception ment date. In the case of the PLO, or called into question the continued abil- prevented U.S. civilians injured by affiliated entities, it would also deem

VerDate Sep 11 2014 01:29 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.044 H23JYPT1 dlhill on DSK3GLQ082PROD with HOUSE H6618 CONGRESSIONAL RECORD — HOUSE July 23, 2018 consent if the defendant maintains an tion Act, would change that by finally cumstances, the defendant maintains an office office in the U.S. jurisdiction 120 days closing the loophole to allow these or other facilities within U.S. jurisdiction. or more after the enactment date. By former hostages and the family of the H.R. 5954 legislation is necessary to allow undertaking one of these acts, a poten- slain pilot access to the assets of nar- injured persons to pursue their claims and I tial defendant is sufficiently on notice cotics-trafficking partners of the for- offer my support. that it is consenting to personal juris- eign terrorist organization FARC and I urge my colleagues to join me in sup- diction in an ATA case. other organizations that are frozen porting H.R. 5954. My support for H.R. 5954 is part of my under the Kingpin Act. We owe it to The SPEAKER pro tempore. The longstanding efforts to secure a meas- these brave Americans and others, and question is on the motion offered by ure of justice for terrorism victims, in- their families, to make them whole the gentleman from Virginia (Mr. cluding leading House efforts to reau- again. GOODLATTE) that the House suspend thorize the 9/11 Victims Compensation Mr. Speaker, it is a simple piece of the rules and pass the bill, H.R. 5954, as Fund. I was also the lead House Demo- legislation. It would make it easier for amended. cratic sponsor of the Justice Against all victims of narcoterrorism to re- The question was taken; and (two- Sponsors of Terrorism Act, which cover court-awarded damages. I urge thirds being in the affirmative) the helped ensure that 9/11 victims and support. rules were suspended and the bill, as other victims of terrorism on American Mr. NADLER. Mr. Speaker, I yield amended, was passed. soil can bring their claims in court, re- myself such time as I may consume. A motion to reconsider was laid on gardless of where the foreign conduct Mr. Speaker, although nothing can the table. occurred. This bill is a natural exten- ever bring back the lives lost to ter- f sion of those efforts. rorism or repair the emotional scars of For these reasons, I support this im- the survivors, terrorism victims de- b 1630 portant bipartisan measure. serve the chance to achieve some jus- FOUNDATION OF THE FEDERAL Mr. Speaker, I reserve the balance of tice through our courts. Congress’ pur- BAR ASSOCIATION CHARTER my time. pose in passing the ATA was to give AMENDMENTS ACT OF 2017 Mr. GOODLATTE. Mr. Speaker, I them that chance. Mr. GOODLATTE. Mr. Speaker, I yield such time as he may consume to I believe H.R. 5954 will help further move to suspend the rules and pass the the gentleman from Florida (Mr. that purpose by addressing procedural bill (H.R. 4100) to amend title 36, POSEY), who has been a real champion barriers that have unfairly stood in United States Code, to revise the Fed- in protecting the rights of the victims their way. eral charter for the Foundation of the of terrorism. In closing, I thank Judiciary Com- Federal Bar Association. Mr. POSEY. Mr. Speaker, I thank my mittee Chairman BOB GOODLATTE for The Clerk read the title of the bill. good friend Chairman GOODLATTE for his leadership on this important meas- The text of the bill is as follows: introducing this legislation. ure. I strongly support H.R. 5954, and I H.R. 4100 Mr. Speaker, this bill we are consid- urge my colleagues to support it. ering is, obviously, as you heard from Mr. Speaker, I yield back the balance Be it enacted by the Senate and House of Rep- resentatives of the United States of America in both sides, a great piece of legislation of my time. Congress assembled, that will ensure American victims of Mr. GOODLATTE. Mr. Speaker, this SECTION 1. SHORT TITLE. international terrorism can obtain jus- is a good bill. I urge my colleagues to This Act may be cited as the ‘‘Foundation tice in U.S. courts by holding account- support it, and I yield back the balance of the Federal Bar Association Charter able those who commit, aid, or abet of my time. Amendments Act of 2017’’. terrorist activity abroad. Ms. JACKSON LEE. Mr. Speaker, I rise in SEC. 2. ORGANIZATION. I have long been fighting for victims support of H.R. 5954, the Anti-Terrorism Clari- Section 70501 of title 36, United States of terrorism. In fact, in 2014, I intro- fication Act of 2018, which amends title 18 of Code, is amended by striking subsection (b) duced legislation that would allow vic- the United States Code to clarify the meaning and redesignating subsection (c) as sub- tims of narcoterrorism to recover of the terms ‘‘act of war’’ and ‘‘blocked asset.’’ section (b). court-awarded damages. A version of Mr. Speaker, it is vital that we correctly clas- SEC. 3. MEMBERSHIP. the bill, known as the CAPTIVE Act, sify terrorist activities. Section 70503 of title 36, United States passed the House by unanimous con- H.R. 5954 (1) clarifies ambiguities in the Code, is amended— sent in 2016. Anti-terrorism Act of 1992 (ATA’s) ‘‘act of war’’ (1) by striking subsections (a) and (b) and inserting the following: I am ecstatic that we have a bill that exception that allow designated foreign terror- ‘‘(a) ELIGIBILITY.—Except as provided in seeks to help a number of victims, in- ists and their supporters to avoid liability; (2) this chapter, eligibility for membership in cluding those I have been fighting for closes a loophole that prevents victims of the corporation and the rights and privileges since 2014. narco-terrorism from enforcing their judgments of members are as provided in the bylaws.’’; On February 13, 2003, four Americans against terrorist assets that have been blocked (2) by redesignating subsection (c) as sub- who were Department of Defense con- by the Treasury Department; and (3) address- section (b); and tractors on a U.S. Government coun- es lower court decisions that have allowed en- (3) by adding at the end the following: ternarcotics flight mission in Colombia tities that sponsor terrorist activity against U.S. ‘‘(c) NONDISCRIMINATION.—The terms of were shot down by the Revolutionary membership may not discriminate on the nationals overseas to avoid the jurisdiction of basis of race, color, religion, sex, disability, Armed Forces of Colombia, also known U.S. courts. age, sexual orientation, or national origin.’’. as FARC. It is a violent guerilla gang This will amend the Anti-Terrorism Act SEC. 4. GOVERNING BODY. heavily involved in narcotics traf- (ATA) to make it easier for plaintiffs to pursue Section 70504 of title 36, United States ficking. claims under that statute. Code, is amended to read as follows: The pilot, Tom Janis, who was imme- H.R. 5954 has three principal provisions. ‘‘§ 70504. Governing body diately executed by the terrorists, and First, it would clarify and narrow the ‘‘act of three Floridians, Keith Stansell, Mark ‘‘(a) BOARD OF DIRECTORS.—The board of di- war’’ exception to liability under the ATA. rectors is the governing body of the corpora- Gonsalves, and Tom Howes, who is my Second, the bill would provide that ATA tion. The board may exercise, or provide for constituent, were kidnapped, held hos- plaintiffs may reach the assets of a defendant the exercise of, the powers of the corpora- tage in the jungle, and tortured for That have been blocked pursuant to the For- tion. The board of directors and the respon- more than 51⁄2 years until they were eign Narcotics Kingpin Designation Act to sat- sibilities of the board are as provided in the rescued by the Colombian army. These isfy an ATA judgment. bylaws. heroes are seeking long-deserved jus- Third, H.R. 5954 would establish that for ‘‘(b) OFFICERS.—The officers and the elec- tice for themselves and their families purposes of any ATA civil action, a defendant tion of the officers are as provided for in the bylaws. against those who carried out unthink- is ‘‘deemed to have consented’’ to personal ju- ‘‘(c) NONDISCRIMINATION.—The require- able acts of violence. risdiction in such civil action regardless of ments for serving as a director or officer Today, victims cannot access frozen when the act of international terrorism at issue may not discriminate on the basis of race, assets under the Kingpin Act. The bill took place if the defendant accepted U.S. for- color, religion, sex, disability, age, sexual before us, the Anti-terrorism Clarifica- eign assistance funds or, in certain cir- orientation, or national origin.’’.

VerDate Sep 11 2014 01:29 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.045 H23JYPT1 dlhill on DSK3GLQ082PROD with HOUSE July 23, 2018 CONGRESSIONAL RECORD — HOUSE H6619 SEC. 5. RESTRICTIONS. The SPEAKER pro tempore. Is there Charter Amendments Act of 2017, pro- Section 70507 of title 36, United States objection to the request of the gen- vides the Federal Bar Association, Code, is amended to read as follows: tleman from Virginia? FBA, with the organizational flexi- ‘‘§ 70507. Restrictions There was no objection. bility it needs to fully meet its con- ‘‘(a) STOCK AND DIVIDENDS.—The corpora- Mr. GOODLATTE. Mr. Speaker, I temporary mission, and I support it. tion may not issue stock or declare or pay a yield myself such time as I may con- The original 1954 charter created a dividend. sume. framework that has effectively served ‘‘(b) POLITICAL ACTIVITIES.—The corporation or a director or officer in his or her cor- Mr. Speaker, the mission of the Fed- FBA for the last six decades. During porate capacity may not contribute to, sup- eral Bar Association is to ‘‘strengthen these years, the Foundation has port, or participate in any political activity the Federal legal system and adminis- strengthened Federal jurisprudence, or in any manner attempt to influence legis- tration of justice by serving the inter- advanced legal education, and pro- lation. ests and the needs of the Federal prac- moted effective legal practice. ‘‘(c) DISTRIBUTION OF INCOME OR ASSETS.— titioner, both public and private, the The organization’s initiatives have The income or assets of the corporation may Federal judiciary, and the public they also directly improved the lives of our not inure to the benefit of, or be distributed serve.’’ people. For example, one of its commu- to, a director, officer, or member during the nity outreach programs, the Wills for life of the charter granted by this chapter. The Federal Bar Association’s mem- This subsection does not prevent the pay- bership includes more than 18,000 Fed- Veterans Initiative, is a pro bono ment, in amounts approved by the board of eral lawyers, including 1,500 Federal project where FBA chapters provide directors, of— judges, who, as the Association states, will drafting and signing services for ‘‘(1) reasonable compensation; or ‘‘work together to promote the sound veterans in their communities. I know ‘‘(2) reimbursement for expenses incurred administration of justice and integrity, a number of my constituents who par- in undertaking the corporation’s business, to quality, and independence of the judici- ticipate have very much enjoyed work- officers, directors, or members. ary.’’ ing on this project. Another initiative This subsection does not prevent the award The FBA received a Federal charter establishes a mentorship program for of a grant to a Federal Bar Association chap- in 1954. STEVE CHABOT has introduced law school students to work with expe- ter of which an officer, director, member rienced attorneys. may be a member. This subsection also does H.R. 4100, the Foundation of the Fed- eral Bar Association Charter Amend- The current FBA charter must be not prevent the payment of reasonable com- amended to allow the organization pensation to the corporation’s employees for ments Act. The Foundation wrote to services undertaken on behalf of the corpora- the Judiciary Committee stating that: greater flexibility of operation and tion. We wholeheartedly endorse H.R. 4100, growth. For example, the existing ‘‘(d) LOANS.—The corporation may not which would provide for technical changes to charter codifies strict membership and make a loan to a director, officer, member, the Federal charter of the Foundation of the governance requirements that con- or employee. Federal Bar Association. . . . The technical strain member development and nim- ‘‘(e) IMMUNITY FROM LIABILITY.—Members amendments embodied in H.R. 4100 will pro- ble governance of the organization. and private individuals are not liable for the vide reasonable and necessary flexibility to This rigidity presents serious chal- obligations of the corporation. the Foundation to assist in the governance ‘‘(f) CLAIM OF GOVERNMENTAL APPROVAL OR lenges as the organization seeks to ex- and management of the Foundation’s affairs. pand its critical charitable and edu- AUTHORITY.—The corporation may not claim Under the legislation, the mission of the congressional approval or the authority of cational initiatives. Foundation of the Federal Bar Association H.R. 4100 makes technical fixes to the the United States Government for any of its will remain unchanged in the promotion and activities; it may, however, acknowledge support of legal research and education con- FBA charter that will give the FBA the this charter.’’. cerning the Federal administration of jus- needed flexibility. For instance, in the SEC. 6. PRINCIPAL OFFICE. tice, the advancement of the science of juris- place of legislatively fixed membership Section 70508 of title 36, United States prudence, and the fostering of improvements criteria, it permits the FBA to Code, is amended by striking ‘‘the District of in the practice of Federal law. . . . Since proactively establish and update mem- Columbia,’’ and inserting ‘‘a United States 1954, and especially over the past two dec- bership criteria through the bylaws location decided by the board of directors ades, the Foundation has devoted significant process. Similar provisions authorize and specified in the bylaws,’’. effort toward the enlargement of its edu- enhanced flexibility in the composition SEC. 7. SERVICE OF PROCESS. cational and charitable programs, including and duties of the members of the board Section 70510 of title 36, United States the creation of a fellows program, support of Code, is amended to read as follows: academic and legal scholarship, creation of of directors. In general, this measure would en- ‘‘§ 70510. Service of process donor advised funds, establishment of assist- able the FBA to swiftly meet its orga- ‘‘The corporation shall comply with the ance funds for the victims of terrorism and law on service of process of the State or Dis- natural disasters, creation of scholarship nizational needs and overcome the trict in which it is incorporated.’’. programs for law students and the children challenges of the times. SEC. 8. DEPOSIT OF ASSETS ON DISSOLUTION OR of Federal attorneys, and grant assistance I want to note, for the RECORD, that FINAL LIQUIDATION. for Federal Bar Association chapters con- while the language of the bill’s pro- Section 70512 of title 36, United States ducting pro bono and other community serv- posed nondiscrimination provision pro- Code, is amended to read as follows: ice projects. . . . These wide-ranging efforts hibits discrimination on the basis of, have been successful, but also have exposed ‘‘§ 70512. Deposit of assets on dissolution or among other things, sex and sexual ori- the limitations of the Foundation’s 1954 final liquidation charter, particularly with respect to eligi- entation, it does not explicitly prohibit ‘‘On dissolution or final liquidation of the bility for membership and governance of the discrimination on the basis of gender corporation, any assets of the corporation Foundation. . . . The technical corrections identity, as most of the new anti- remaining after the discharge of all liabil- . . . would address these concerns and pro- discrimination legislation does. ities shall be distributed as provided by the vide greater flexibility to the Foundation in While the prohibition on discrimina- board of directors, but in compliance with a fashion similar to the authority and privi- tion on the basis of sex already covers the charter and bylaws.’’. leges enjoyed by other . . . organizations fed- gender identity discrimination, the The SPEAKER pro tempore. Pursu- erally chartered by Congress. . . . FBA’s current diversity statement ex- ant to the rule, the gentleman from The bill, among other things, allows pressly states that the FBA should not Virginia (Mr. GOODLATTE) and the gen- the Foundation to have its principal of- exclude persons based on gender iden- tleman from Maryland (Mr. RASKIN) fice outside of the District of Colum- tity. each will control 20 minutes. bia, gives its board of directors more In light of this, and because it should The Chair recognizes the gentleman leeway in meeting its responsibilities, be made clear that everyone is pro- from Virginia. and adds a nondiscrimination clause. tected against invidious discrimina- GENERAL LEAVE Mr. Speaker, I urge my colleagues to tion, I hope that when the Senate Mr. GOODLATTE. Mr. Speaker, I ask support H.R. 4100, and I reserve the bal- takes up our measure, it will explicitly unanimous consent that all Members ance of my time. clarify that this language includes pro- may have 5 legislative days in which to Mr. RASKIN. Mr. Speaker, I yield tection against discrimination on the revise and extend their remarks and in- myself such time as I may consume. basis of gender identity. I know that clude extraneous material on H.R. 4100, Mr. Speaker, H.R. 4100, the Founda- Congressman CICILLINE of Rhode Island currently under consideration. tion of the Federal Bar Association wants to address this point as well.

VerDate Sep 11 2014 01:29 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JY7.018 H23JYPT1 dlhill on DSK3GLQ082PROD with HOUSE H6620 CONGRESSIONAL RECORD — HOUSE July 23, 2018 I believe that H.R. 4100 will help the has adopted a diversity statement that nation includes discrimination against FBA to flourish for many decades to includes race, gender, ethnicity, na- people based on their gender identity, come. I strongly support this bill. I tional origin, religion, age, disability, it seems somewhat petty and churlish look forward to the FBA’s continued sexual orientation, and gender iden- to exclude those words from the lan- positive involvement in our Nation’s tity. guage of this charter. I hope that this legal system, and I urge my colleagues Diversity statements are valuable, will be corrected when the legislation to support the bill. but they do not carry the weight of goes through. Otherwise, I consider Mr. Speaker, I reserve the balance of law. The addition of a nondiscrimina- this a very fine bill. my time. tion provision to the FBA charter is an Mr. Speaker, I yield back the balance Mr. GOODLATTE. Mr. Speaker, I important action, but it is really un- of my time. yield such time as he may consume to fortunate that my Republican col- Mr. GOODLATTE. Mr. Speaker, I the gentleman from Ohio (Mr. CHABOT), leagues have excluded gender identity urge my colleagues to support this leg- chairman of the Small Business Com- as an enumerated protected char- islation, and I yield back the balance of mittee. acteristic in the law. I am not sure if my time. Mr. CHABOT. Mr. Speaker, I thank they are pandering to the most ex- The SPEAKER pro tempore. The the gentleman for his leadership on tremes in their party or to their polit- question is on the motion offered by this issue and for yielding. ical base, but it is wrong. the gentleman from Virginia (Mr. Mr. Speaker, today, I rise in support Gender identity is an individual’s GOODLATTE) that the House suspend of a bill that I introduced, H.R. 4100, personal and internal identification as the rules and pass the bill, H.R. 4100. which, put simply, helps support those a man, a woman, neither, or both. For The question was taken; and (two- Federal attorneys who prosecute major transgender people, their gender iden- thirds being in the affirmative) the drug traffickers, white collar crimi- tity may not match their biological or rules were suspended and the bill was nals, and other Federal crimes, and the legal sex. Despite the efforts to exclude passed. judges who preside over those cases in gender identity from H.R. 4100, A motion to reconsider was laid on our Federal courts. the table. The Federal Bar Association was transgender people will be protected founded back in 1920 and charted by from discrimination under Federal law. f Discrimination on the basis of gender Congress in 1954. However, in the near- KNOWLEDGEABLE INNOVATORS identity is a form of sex discrimina- ly 64 years of its existence, its charter AND WORTHY INVESTORS ACT tion. Laws prohibiting discrimination has never been amended. Mr. GOODLATTE. Mr. Speaker, I As a former educator, attorney, and on the basis of sex protect transgender people. move to suspend the rules and pass the current senior member of the Judiciary bill (S. 2245) to include New Zealand in Committee, I would note the important Numerous Federal circuit and district court opinions have held that our the list of foreign states whose nation- work that the Federal Bar Association als are eligible for admission into the does to bring civics education to class- Nation’s nondiscrimination laws that prohibit discrimination on the basis of United States as E–1 and E–2 non- rooms in my State of Ohio, and they immigrants if United States nationals bring that same expertise to other sex protect transgender people from discrimination. That includes title VII are treated similarly by the Govern- areas all across the country. ment of New Zealand. Without legislation like H.R. 4100, it of the Civil Rights Act of 1964, the The Clerk read the title of the bill. takes an act of Congress to even allow Equal Credit Opportunity Act, and The text of the bill is as follows: the Federal Bar Association to make title IX of the Education Amendments simple changes to their bylaws. More of 1972. S. 2245 specifically, this legislation gives the The Equal Employment Opportunity Be it enacted by the Senate and House of Rep- Commission determined in Macy v. resentatives of the United States of America in association the authority to choose the Congress assembled, location of its principal office, restricts Holder that title VII’s prohibitions on SECTION 1. SHORT TITLE. its officers from engaging in political sex discrimination also prohibit discrimination on the basis of gender This Act may be cited as the ‘‘Knowledge- activity, and makes other technical able Innovators and Worthy Investors Act’’ changes to conform to commonly used identity. This decision is binding on the Federal Government with respect or the ‘‘KIWI Act’’. language and other things. SEC. 2. NONIMMIGRANT TRADERS AND INVES- This legislation provides the Federal to employment practices. TORS. Bar Association the continued ability While gender identity will be covered For purposes of clauses (i) and (ii) of sec- to support legal research, pro bono, and by the sex nondiscrimination provi- tion 101(a)(15)(E) of the Immigration and Na- community projects; continue to edu- sion, it is better to enumerate gender tionality Act (8 U.S.C. 1101(a)(15)(E)), New cate grade schoolchildren on the Fed- identity. Our laws work best when Zealand shall be considered to be a foreign there are clear expectations. state described in such section if the Govern- eral judiciary system; and improve the ment of New Zealand provides similar non- practice of Federal law in our Federal The SPEAKER pro tempore. The time of the gentleman has expired. immigrant status to nationals of the United courtrooms all across America. States. Mr. Speaker, I again want to thank Mr. RASKIN. Mr. Speaker, I yield an The SPEAKER pro tempore. Pursu- the chairman, Chairman GOODLATTE, additional 30 seconds to the gentleman ant to the rule, the gentleman from for his leadership in helping to bring from Rhode Island. Virginia (Mr. GOODLATTE) and the gen- this very important legislation to the Mr. CICILLINE. Listing out pro- tleman from Maryland (Mr. RASKIN) floor for consideration, and I urge my tected characteristics helps those mak- each will control 20 minutes. colleagues on both sides of the aisle to ing determinations about membership The Chair recognizes the gentleman support it. understand their obligations, and helps from Virginia. Mr. RASKIN. Mr. Speaker, I yield 2 those seeking membership understand minutes to the gentleman from Rhode their rights. There is no reason to GENERAL LEAVE Island (Mr. CICILLINE). refuse to include gender identity as a Mr. GOODLATTE. Mr. Speaker, I ask Mr. CICILLINE. Mr. Speaker, I thank protected characteristic. unanimous consent that all Members the gentleman for yielding. While I do not oppose H.R. 4100, I may have 5 legislative days in which to Mr. Speaker, I rise to speak about hope that we can continue to discuss revise and extend their remarks and in- H.R. 4100. and take into account the issues that clude extraneous material on S. 2245, The Federal Bar Association is the impact the lives of LGBTI individuals currently under consideration. Nation’s premier association for practi- and will work toward a charter that The SPEAKER pro tempore. Is there tioners in Federal courts and, as such, protects everyone from discrimination. objection to the request of the gen- should, of course, be open to all, re- Mr. GOODLATTE. Mr. Speaker, I re- tleman from Virginia? gardless of sexual orientation or gender serve the balance of my time. There was no objection. identity. Mr. RASKIN. Mr. Speaker, given that Mr. GOODLATTE. Mr. Speaker, I Currently, the FBA recognizes the the D.C. Circuit Court of Appeals has yield myself such time as I may con- importance of nondiscrimination and determined that title VII sex discrimi- sume.

VerDate Sep 11 2014 01:29 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.050 H23JYPT1 dlhill on DSK3GLQ082PROD with HOUSE July 23, 2018 CONGRESSIONAL RECORD — HOUSE H6621 Mr. Speaker, E–1 visas are non- New Zealand provides the same recip- ISSA and Senator HIRONO. This is very immigrant visas available for treaty rocal treatment to citizens of the good legislation and it’s overdue. I urge traders, and E–2 visas are available for United States. my colleagues to support it. treaty investors. I favor this commonsense bill that Mr. Speaker, I yield back the balance Pursuant to the Immigration and Na- will facilitate trade by making it easi- of my time. tionality Act, these visas are available er for New Zealanders to invest here The SPEAKER pro tempore (Mr. COL- to aliens who are ‘‘entitled to enter the and will lead to the creation of new LINS of New York). The question is on United States under and in pursuance jobs in the United States. the motion offered by the gentleman of the provisions of a treaty of com- The E–1 treaty trader program pro- from Virginia (Mr. GOODLATTE) that merce and navigation between the vides temporary visas to employees of the House suspend the rules and pass United States and the foreign state of firms engaged in substantial trade with the bill, S. 2245. which he is a national, and their spouse our country. The E–2 treaty investor The question was taken; and (two- and children . . . solely to either carry program provides temporary visas to thirds being in the affirmative) the on substantial trade, including trade in foreign investors who make substantial rules were suspended and the bill was services or trade in technology, prin- investments in American enterprise. passed. cipally between the United States and These visas help increase trade with A motion to reconsider was laid on the foreign state of which he is a na- and direct investments in the U.S. the table. tional, or to develop and direct the op- More than 80 countries already partici- f erations of an enterprise in which he pate in the programs, including almost LA PAZ COUNTY LAND has invested . . . a substantial amount all of our democratic allies and trading CONVEYANCE ACT of capital. . . . ’’ partners. Yet New Zealand, one our Mr. MCCLINTOCK. Mr. Speaker, I Alien employees of treaty traders closest and dearest allies, is not on the move to suspend the rules and pass the and treaty investors may receive visas list. bill (H.R. 2630) to authorize the Sec- if they are coming to the United States There are already many New Zealand retary of the Interior to convey certain ‘‘to engage in duties of an executive or companies in the U.S., just as there are land to La Paz County, Arizona, and supervisory character, or, if employed many of our companies in New Zea- land. In 2016, our two countries engaged for other purposes, as amended. in a lesser capacity, if they have spe- The Clerk read the title of the bill. cial qualifications that make the serv- in approximately $12 billion of bilat- The text of the bill is as follows: eral trade in goods and services; and ices to be rendered essential to the effi- H.R. 2630 the U.S. is already the second most cient operation of the enterprise.’’ Be it enacted by the Senate and House of Rep- There are no numerical caps on E–1 popular destination for New Zealand resentatives of the United States of America in or E–2 visas. Aliens may be admitted foreign investment, accounting for 17 Congress assembled, initially for a period of 2 years and can percent of all foreign investment by SECTION 1. SHORT TITLE. apply for extensions in 2-year incre- New Zealanders in 2016, for a total of This Act may be cited as the ‘‘La Paz County ments. $3.2 billion dollars. Land Conveyance Act’’. The United States has entered into Bringing New Zealand into the E–1 SEC. 2. DEFINITIONS. treaties of commerce since at least and E–2 programs will increase trade In this Act: and bilateral investment flows, helping (1) COUNTY.—The term ‘‘County’’ means La 1815, when we entered into a Conven- Paz County, Arizona. tion to Regulate Commerce with the both of our countries accelerate eco- (2) FEDERAL LAND.—The term ‘‘Federal land’’ United Kingdom. nomic growth and job creation. means the approximately 8,800 acres of land While so much of our foreign policy b 1645 managed by the Bureau of Land Management is consumed today with dangerous and and designated as ‘‘Federal land to be con- Currently, the nationals of 83 coun- counterproductive trade wars against veyed’’ on the map. tries are eligible for E–1 or E–2 status. our allies, which is harmful to our (3) MAP.—The term ‘‘map’’ means the map In fiscal year 2017, in total, about 50,000 farmers, especially our soybean, corn, prepared by the Bureau of Land Management E–1 and E–2 visas were issued. entitled ‘‘Proposed La Paz County Land Con- and livestock farmers, I am glad that veyance’’ and dated May 24, 2017. In the past, countries became eligible this bill will actually strengthen ties (4) SECRETARY.—The term ‘‘Secretary’’ means for the E–1 and E–2 programs through with one of America’s closest and most the Secretary of the Interior. treaties signed with the United States. steadfast allies. SEC. 3. CONVEYANCE TO LA PAZ COUNTY, ARI- However, in 2003, the Judiciary Com- Congratulations are in order for Sen- ZONA. mittee reached an understanding with ator HIRONO, who championed this bill (a) IN GENERAL.—Not later than 90 days after the U.S. Trade Representative that no in the Senate, where it passed last the date on which the Secretary receives a re- immigration provisions were to be in- quest from the County to convey all or a portion month by unanimous consent. I also of the Federal land, subject to valid existing cluded in future trade agreements. congratulate my Judiciary colleague, rights and to such terms and conditions as the Henceforth, legislation would be re- DARRELL ISSA, who authored the com- Secretary determines to be necessary and not- quired to add countries. panion bill in the House. They both de- withstanding the land use planning require- The bill we are considering today, S. serve credit for identifying this defi- ments of sections 202 and 203 of the Federal 2245, makes New Zealand nationals eli- ciency in our immigration laws and Land Policy and Management Act of 1976 (43 gible for E–1 and E–2 visas. I want to working across the aisle to craft a U.S.C. 1712, 1713), the Secretary shall convey to thank Mr. ISSA for all of his work on smart solution that has gained broad the County all right, title, and interest of the this issue, and for introducing com- United States in and to the Federal land identi- support in the body for adoption. Our fied on the map. panion legislation in the House. I am country will be more prosperous and (b) PHASED CONVEYANCE.— also appreciative of the Embassy of so, presumably, will be New Zealand as (1) IN GENERAL.—The Secretary shall convey New Zealand for seeking E visa status a result of their efforts. the public land described in subsection (a) in in the right way. I also want to thank Chairman GOOD- parcels over a period of up to 20 years, as is re- I urge my colleagues to support S. LATTE and Chairwoman ILEANA ROS- quired to carry out the phased development of renewable energy or other economic develop- 2245, and I reserve the balance of my LEHTINEN of the Foreign Affairs Com- time. ment. mittee for their support and work on (2) PAYMENT OF FAIR MARKET VALUE.—A par- Mr. RASKIN. Mr. Speaker, I yield behalf of this important legislation. cel shall be conveyed by the Secretary on pay- myself such time as I may consume. I urge my colleagues to support S. ment by La Paz County, Arizona, to the Sec- S. 2245, the Knowledgeable 2245, the KIWI Act. retary, of the fair market value of the parcel, as Innovators and Worthy Investors Act, Mr. Speaker, I yield back the balance determined under paragraph (3). or KIWI Act, is bipartisan legislation of my time. (3) APPRAISAL TO DETERMINE FAIR MARKET to allow citizens of New Zealand to Mr. GOODLATTE. Mr. Speaker, I VALUE.—The Secretary shall determine the fair participate, along with the people of want to thank the gentleman from market value of the Federal land to be conveyed— more than 80 other countries, in the E– Maryland and Ranking Member NAD- (A) in accordance with the Federal Land Pol- 1 and E–2 visa programs for treaty LER and others for their work on this icy and Management Act of 1976 (43 U.S.C. 1701 traders and treaty investors, so long as legislation, as well as Congressman et seq.); and

VerDate Sep 11 2014 02:12 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00031 Fmt 4634 Sfmt 6333 E:\CR\FM\K23JY7.052 H23JYPT1 dlhill on DSK3GLQ082PROD with HOUSE H6622 CONGRESSIONAL RECORD — HOUSE July 23, 2018 (B) based on an appraisal that is conducted in footprint in the county, a land transfer and a massive Federal footprint. This accordance with— is necessary so that it can secure bipartisan bill helps facilitate a land (i) the Uniform Appraisal Standards for Fed- enough space for this type of develop- transfer from the Bureau of Land Man- eral Land Acquisition; and (ii) the Uniform Standards of Professional Ap- ment. The county will not only pay for agement to the county. praisal Practice. the land, but all the administrative Specifically, H.R. 2630 directs the (c) PROTECTION OF TRIBAL CULTURAL ARTI- costs of the transfer as well. Secretary of the Interior to convey FACTS.—To the greatest extent practicable, the The county has already worked with 8,800 acres of Federal land to La Paz County and all subsequent owners of land con- the BLM to identify a site adjacent to County for the purpose of economic de- veyed under this Act shall— preexisting and proposed electric, fiber velopment opportunities and facili- (1) make good faith efforts to avoid disturbing optic, and natural gas transmission tating renewable electrical generation. Tribal artifacts; lines. A review of the proposed site by The bill allows the county to take ad- (2) minimize impacts on Tribal artifacts if they are disturbed; the BLM has not revealed any endan- vantage of one of the best assets they (3) work with the Colorado River Indian gered species or historic resources in have—sunshine—and pursue utility- Tribes Tribal Historic Preservation Office to the area, and much of the proposed site scale solar energy production. identify artifacts of cultural and historic signifi- already has a significant amount of This legislation requires the county cance; and surface disturbance. to pay fair-market value for the land (4) allow Tribal representatives to rebury un- La Paz County suffers high unem- involved in this transfer. H.R. 2630 also earthed artifacts at or near where they were dis- ployment, and this land conveyance requires the county to pay for all costs covered. will not only provide additional energy related to the conveyance, including (d) AVAILABILITY OF MAP.— (1) IN GENERAL.—The map shall be on file and to the growing southern California and all surveys, appraisals, and all other available for public inspection in the appro- Phoenix markets, but it will also bring administrative costs. priate offices of the Bureau of Land Manage- good-paying jobs to many families in I would like to provide a little more ment. the county. background about La Paz County to (2) CORRECTIONS.—The Secretary and the I urge adoption of the measure, and I help explain why this bill is so impor- County may, by mutual agreement— reserve the balance of my time. tant. (A) make minor boundary adjustments to the Ms. BORDALLO. Mr. Speaker, I yield By population, La Paz is Arizona’s Federal land to be conveyed under subsection myself such time as I may consume. second smallest county, with just (a); and (B) correct any minor errors in the map, an This bill, authored by Representative under 21,000 permanent residents. More acreage estimate, or the description of the Fed- PAUL A. GOSAR, authorizes the convey- than a third of those people are over eral land. ance of approximately 8,800 acres of the age of 65. (e) WITHDRAWAL.—The Federal land is with- Bureau of Land Management land to The unemployment rate in the coun- drawn from the operation of the mining and La Paz County, Arizona, for the devel- ty is stubbornly high, with La Paz mineral leasing laws of the United States. opment of renewable energy. The BLM County consistently ranking in the top (f) COSTS.—As a condition of the conveyance land has been identified as suitable for 5 counties in Arizona, out of 15, in of the Federal land under subsection (a), the disposal, and the county is required to terms of highest unemployment rate. County shall pay— (1) an amount equal to the appraised value pay full-market value and all the ad- Currently, only 6 percent of the land determined in accordance with subsection (b)(3); ministrative costs associated with the in La Paz County is in private owner- and conveyance. The bill also includes im- ship. Federal, State, or Tribal govern- (2) all costs related to the conveyance, includ- portant safeguards for Tribal cultural ments own almost 95 percent of the ing all surveys, appraisals, and other adminis- property and is supported by the Colo- land within the county, nearly two- trative costs associated with the conveyance of rado River Indian Tribes. thirds of which is owned by the BLM. the Federal land to the County under subsection This is a targeted sale of public land Because of the immense Federal foot- (a). for a very specific public purpose that print in the county, a land conveyance The SPEAKER pro tempore. Pursu- ensures a fair return for taxpayer- is necessary to allow for new opportu- ant to the rule, the gentleman from owned assets. Our support for this bill nities for economic development. California (Mr. MCCLINTOCK) and the does not mean that we support the H.R. 2630, will help create new, good- gentlewoman from Guam (Ms. wholesale disposal of public land. paying jobs for La Paz County resi- BORDALLO) each will control 20 min- Federal land is a public resource, and dents and generate new revenues to utes. the conveyance of any part of this refund important county services like The Chair recognizes the gentleman source should include guarantees to education, transportation, and law en- from California. protect the public’s interest. The pro- forcement. GENERAL LEAVE ceeds of any conveyance authorized by The plot of land the county has iden- Mr. MCCLINTOCK. Mr. Speaker, I Congress should be reinvested back tified, with the assistance of the BLM, ask unanimous consent that all Mem- into land conservation efforts. is ideally situated on the edge of the bers may have 5 legislative days to re- Without this important safeguard, La Paz-Maricopa County line, adjacent vise and extend their remarks and in- the accumulation of individual convey- to existing and proposed fiber optic, clude extraneous material on the bill ances potentially threatens the viabil- electric, and natural gas transmission under consideration. ity of our system of public lands. This lines. Further, the transferred parcels The SPEAKER pro tempore. Is there is not yet included in this bill, so I do are conveniently located next to the objection to the request of the gen- hope, Mr. Speaker, that we can work Ten West Link, a 114-mile transmission tleman from California? with our Senate colleagues to make line that will further interconnect Ari- There was no objection. this bill even better as it moves zona and California. Mr. MCCLINTOCK. Mr. Speaker, I through the legislative process. Initial review shows that the land yield myself such time as I may con- Mr. Speaker, I reserve the balance of does not contain any endangered spe- sume. my time. cies, cultural resources, and already Mr. Speaker, H.R. 2630, the La Paz Mr. MCCLINTOCK. Mr. Speaker, I has a significant level of surface dis- County Land Conveyance Act, is au- yield such time as he may consume to turbance. thored by Congressman PAUL GOSAR of the gentleman from Arizona (Mr. The legislation was drafted at the re- Arizona. It directs the Secretary of the GOSAR), the author of this measure, the quest of the county in collaboration Interior to convey 8,000 acres of Fed- chairman of the Western Caucus of the with the Tribes and other stakeholders. eral land to La Paz County, Arizona, at House of Representatives. The Congressional Budget Office esti- fair market value for the construction Mr. GOSAR. Mr. Speaker, I rise mates the bill will generate $6 million of a solar field. today in support of my bipartisan bill, for the Federal Government. La Paz County is among the few H.R. 2630, the La Paz County Land Con- Solar energy development on land counties in the United States with veyance Act. conveyed by the bill will provide good- nearly 95 percent of its land owned by La Paz County, Arizona, is a county paying local jobs and help empower the the Federal, State, or Tribal govern- in western Arizona defined by the Colo- county to determine its own economic ments. Because of the immense Federal rado River, the vast Arizona desert, future.

VerDate Sep 11 2014 02:12 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JY7.022 H23JYPT1 dlhill on DSK3GLQ082PROD with HOUSE July 23, 2018 CONGRESSIONAL RECORD — HOUSE H6623 Finally, the renewable energy gen- his legacy as authorized by Public Law 107–62, The Chair recognizes the gentleman erated as a result of this bill will assist located in the city of Washington, District of from California. Columbia, including sites authorized by Public with ensuring a balanced portfolio and GENERAL LEAVE provide clean, renewable power to help Law 107–315. (b) MEMBERSHIP.—The Commission shall be Mr. MCCLINTOCK. Mr. Speaker, I meet the electricity demands of the composed of— ask unanimous consent that all Mem- West. (1) four persons appointed by the President, bers may have 5 legislative days to re- I am pleased to have had La Paz not more than two of whom may be members of vise and extend their remarks and in- County Supervisor D.L. Wilson out to the same political party; clude extraneous materials on the bill testify in favor of the bill, and I appre- (2) four Members of the Senate appointed by under consideration. ciate all the county’s hard work on be- the President pro tempore of the Senate in consultation with the Majority Leader and Minor- The SPEAKER pro tempore. Is there half of this effort. ity Leader of the Senate, of which not more objection to the request of the gen- I am also pleased to have received a than two appointees may be members of the tleman from California? letter of support for the bill from the same political party; and There was no objection. Colorado River Indian Tribes, which (3) four Members of the House of Representa- Mr. MCCLINTOCK. Mr. Speaker, I started, in part: ‘‘While we acknowl- tives appointed by the Speaker of the House of yield myself such time as I may con- edge that this legislation only address- Representatives in consultation with the Major- sume. es a small portion of the county, it is ity Leader and Minority Leader of the House of Mr. Speaker, several of the central Representatives, of which not more than two our hope that we can use this coopera- appointees may be members of the same political figures in the winning of American tive model to ensure that future devel- party. independence and the founding of our opments on other lands are also con- (c) CHAIR AND VICE CHAIR.—The members of constitutional republic are given short ducted in a culturally sensitive way.’’ the Commission shall select a Chair and Vice shrift among the memorials in this This is good public policy. I urge my Chair of the Commission. The Chair and Vice capital city, and none among them is colleagues to vote ‘‘yes’’ in favor of Chair shall not be members of the same political more deserving than John Adams. this bipartisan jobs bill that embraces party. By all accounts, he was the ani- (d) VACANCIES.—Any vacancy in the Commis- a true all-of-the-above energy strategy. sion shall not affect its powers if a quorum is mating figure in pushing the Conti- Ms. BORDALLO. Mr. Speaker, I have present, but shall be filled in the same manner nental Congress to declare independ- no additional speakers, and I yield as the original appointment. ence; he was indefatigable in the pros- back the balance of my time. (e) MEETINGS.— ecution of the war, both from stations Mr. MCCLINTOCK. Mr. Speaker, I (1) INITIAL MEETING.—Not later than 45 days at home and from Europe; and is our would ask all of the Members to con- after the date on which a majority of the mem- first vice president under Washington; bers of the Commission have been appointed, the and as our second President, he estab- sider what plight their districts would Commission shall hold its first meeting. be in, their counties would be in if 95 (2) SUBSEQUENT MEETINGS.—The Commission lished many of the traditions and poli- percent of the land in that county was shall meet at the call of the Chair. cies that set our course. off the public tax rolls, with severe re- (f) QUORUM.—A majority of the members of Public Law 107–62 authorized the strictions on its use. The effect is eco- the Commission shall constitute a quorum but a nonprofit Adams Memorial Foundation nomically devastating. lesser number of members may hold hearings. to establish a memorial to John Adams (g) NO COMPENSATION.—A member of the Com- in the District of Columbia under the This is a small step in the direction mission shall serve without compensation, but of giving La Paz County a little more may be reimbursed for expenses incurred in car- Commemorative Works Act and to col- control over its economic future. It is rying out the duties of the Commission. lect private donations for that purpose. an excellent bill, and I urge its adop- (h) DUTIES.—The Commission shall consider No Federal funds can be used for the tion. and formulate plans for a permanent memorial memorial. I yield back the balance of my time. to honor John Adams and his legacy, including The foundation has developed initial the nature, location, design, and construction of design concept, it has conducted loca- b 1700 the memorial. tion reviews, and coordinated with (i) POWERS.—The Commission may— The SPEAKER pro tempore. The (1) make such expenditures for services and Congress, the National Park Service, question is on the motion offered by materials for the purpose of carrying out this and other stakeholders, but it has not the gentleman from California (Mr. section as the Commission considers advisable yet been able to select a site, design MCCLINTOCK) that the House suspend from funds appropriated or received as gifts for the memorial, receive the approvals, or the rules and pass the bill, H.R. 2630, as that purpose; raise sufficient funds for construction. amended. (2) accept gifts, including funds from the Under the Commemorative Works The question was taken; and (two- Adams Memorial Foundation, to be used in car- Act, the foundation’s authority to rying out this section or to be used in connec- thirds being in the affirmative) the tion with the construction or other expenses of erect a memorial expires in December rules were suspended and the bill, as the memorial; and of 2020. amended, was passed. (3) hold hearings, enter into contracts for per- H.R. 1220, by Congressman STEPHEN A motion to reconsider was laid on sonal services and otherwise, and do such other LYNCH of Massachusetts, would trans- the table. things as are necessary to carry out this section. fer that authority to the Adams Memo- (j) REPORTS.—The Commission shall— rial Commission. f (1) report the plans required by subsection (h), The commission would have all the together with recommendations, to the President ESTABLISHING THE ADAMS and the Congress at the earliest practicable powers and responsibilities of the foun- MEMORIAL COMMISSION date; and dation and would consist of 12 mem- Mr. MCCLINTOCK. Mr. Speaker, I (2) in the interim, make annual reports on its bers. Its authority to erect a memorial move to suspend the rules and pass the progress to the President and the Congress. will expire in 7 years, consistent was (k) APPLICABILITY OF OTHER LAWS.—The Fed- the CWA timeline. bill (H.R. 1220) to establish the Adams eral Advisory Committee Act (5 U.S.C. App.) Memorial Commission to carry out the Mr. Speaker, I ask for adoption of the shall not apply to the Commission. measure, and I reserve the balance of provisions of Public Law 107–62, and for (l) TERMINATION.—The Commission shall ter- other purposes, as amended. minate 7 years after the date of the enactment my time. The Clerk read the title of the bill. of this Act. Ms. BORDALLO. Mr. Speaker, I yield The text of the bill is as follows: SEC. 2. AMENDMENT TO PUBLIC LAW 107–62. such time as he may consume to the gentleman from Massachusetts (Mr. H.R. 1220 Public Law 107–62 is amended by striking ‘‘Adams Memorial Foundation’’ each place it LYNCH), the bill’s sponsor. Be it enacted by the Senate and House of Rep- occurs and inserting ‘‘Adams Memorial Commis- Mr. LYNCH. Mr. Speaker, let me first resentatives of the United States of America in sion’’. thank the gentleman from California Congress assembled, The SPEAKER pro tempore. Pursu- for his kind words on behalf of my leg- SECTION 1. ADAMS MEMORIAL COMMISSION. ant to the rule, the gentleman from islation and on behalf of John Adams (a) COMMISSION.—There is established a commission to be known as the ‘‘Adams Memorial California (Mr. MCCLINTOCK) and the in particular. Commission’’ (referred to in this section as the gentlewoman from Guam (Ms. Mr. Speaker, I want to thank the ‘‘Commission’’) for the purpose of establishing a BORDALLO) each will control 20 min- gentlewoman from Guam, Ms. permanent memorial to honor John Adams and utes. BORDALLO, for yielding this time.

VerDate Sep 11 2014 02:12 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.056 H23JYPT1 dlhill on DSK3GLQ082PROD with HOUSE H6624 CONGRESSIONAL RECORD — HOUSE July 23, 2018 Mr. Speaker, I rise to express strong Mr. Speaker, this memorial is long rules were suspended and the bill, as support for my bill, H.R. 1220, the overdue. President Adams was a re- amended, was passed. Adams Memorial Commission Act. markable leader and a steadfast public A motion to reconsider was laid on This bipartisan legislation establishes servant. It is a glaring oversight that the table. the Adams Memorial Commission, there is no memorial in our Nation’s f which, as the chairman recognized, will capital honoring John Adams and his EASTERN LEGACY EXTENSION ACT consider, formulate, report plans for a family for their role in shaping our Na- memorial here in Washington, D.C., tion. Mr. MCCLINTOCK. Mr. Speaker, I honoring John Adams and his profound H.R. 1220 would complement the im- move to suspend the rules and pass the and lasting legacy in the history of the portant work that the Adams Memo- bill (H.R. 3045) to amend the National United States. rial Foundation has accomplished over Trails System Act to extend the Lewis The bipartisan Adams Memorial the years. and Clark National Historic Trail, and Commission will be composed of four So as Members of Congress, I ask for other purposes, as amended. Presidential appointees, four members that we should pass this bipartisan bill The Clerk read the title of the bill. of the Senate and four members of the and begin the process of establishing The text of the bill is as follows: House of Representatives. The commis- the commemorative memorial that H.R. 3045 sion will be required to report its rec- President Adams and his family rightly Be it enacted by the Senate and House of Rep- ommendations for the nature, location, deserve, that they rightly, by their resentatives of the United States of America in design, and construction of a fitting courage and service, have earned. Congress assembled, memorial to the President and the Mr. Speaker, I thank the bipartisan SECTION 1. SHORT TITLE. Congress and will then provide annual cosponsors of this bill, I thank you, Mr. This Act may be cited as the ‘‘Eastern Legacy reports on the memorial’s progress. Speaker, for your courtesy, and the Extension Act’’. Mr. Speaker, it is important to keep kind words by the chairman from Cali- SEC. 2. EXTENSION OF LEWIS AND CLARK NA- in mind the lasting legacy of John fornia and Ms. BORDALLO, and I thank TIONAL HISTORIC TRAIL. the bipartisan sponsors of this bill, and (a) EXTENSION.—Section 5(a)(6) of the Na- Adams’ family and their service to our tional Trails System Act (16 U.S.C. 1244(a)(6)) is Nation and his prominent role in our urge my colleagues on both sides of the aisle to stand in favor of and pass H.R. amended— Nation’s history. John Adams was one (1) by striking ‘‘three thousand seven hun- of the most influential Founding Fa- 1220. dred’’ and inserting ‘‘4,900’’; Mr. MCCLINTOCK. Mr. Speaker, I thers of the United States. (2) by striking ‘‘Wood River, Illinois,’’ and in- Born in 1735 in Braintree, Massachu- have no further speakers and I am serting ‘‘the Ohio River in Pittsburgh, Pennsyl- setts, a section of which is now known ready to close. vania,’’; and Ms. BORDALLO. Mr. Speaker, I yield (3) by striking ‘‘maps identified as, ‘Vicinity as Quincy, John Adams was educated myself such time as I may consume. Map, Lewis and Clark Trail’ study report dated at Harvard and spent his early career Mr. Speaker, I just want to add a few April 1977.’’ and inserting ‘‘the map entitled as a lawyer. Later on as a leader of the words to this bill. Nearly 20 years ago, Lewis and Clark National Historic Trail Author- American Revolution, John Adams Congress authorized the Adams Memo- ized Trail Including Proposed Eastern Legacy served as a delegate to both the First rial Foundation to construct a com- Extension, dated April 2018, and numbered 648/ and Second Continental Congresses, 143721.’’ memorative work with private funds in (b) EFFECTIVE DATE.—The amendments made and was regarded as the leading voice honor of President John Adams, First championing independence from Great by subsection (a) shall take effect on the date Lady Abigail Adams, President John that is 60 days after the date of the enactment Britain. Quincy Adams, and other prominent of this Act. Adams’ prominent role in our Na- members of the Adams family associ- tion’s formation of laws is still recog- The SPEAKER pro tempore. Pursu- ated with the early history of the nized to this day. In fact, one great ant to the rule, the gentleman from United States. California (Mr. MCCLINTOCK) and the benefit I had as a Massachusetts legis- Mr. Speaker, I want to thank Con- lator coming here to Washington, D.C., gentlewoman from Guam (Ms. gressman LYNCH and the entire Massa- BORDALLO) each will control 20 min- is John Adams drafted the rules of the chusetts delegation for their hard work House in Massachusetts, which we utes. and commitment to honoring the leg- The Chair recognizes the gentleman adopted here in our Nation’s Capitol in acy of one their State’s most influen- this Congress, which still stand today. from California. tial political families. GENERAL LEAVE Adams not only helped draft the Dec- A permanent memorial in the Na- Mr. MCCLINTOCK. Mr. Speaker, I laration of Independence, but also au- tion’s capital is a fitting tribute, and I ask unanimous consent that all Mem- thored the constitution of the Com- hope that we can work with our Senate bers may have 5 legislative days to re- monwealth of Massachusetts, which is colleagues to deliver this bill to the vise and extend their remarks and in- the oldest written constitution still in President’s desk and finally get it clude extraneous materials on the bill place today. done. After serving as U.S. representative Mr. Speaker, I urge a ‘‘yes’’ vote on under consideration. to France and the Netherlands during this bill, and I yield back the balance The SPEAKER pro tempore. Is there the Revolutionary War, Adams became of my time. objection to the request of the gen- the first vice president under President Mr. MCCLINTOCK. Mr. Speaker, I tleman from California? George Washington. In 1796, Adams was just want to compliment Congressman There was no objection. elected the second President of the LYNCH and thank him on behalf of the Mr. MCCLINTOCK. Mr. Speaker, H.R. United States and in 1800 became the Nation for keeping this memorial alive 3045, which comes to us by Congress- first occupant of the White House. and keeping its momentum going. man LUKE MESSER of Indiana, would John Adams’ legacy was instilled This is highly deserved, it is long extend the Lewis and Clark National through his entire family. John’s wife, overdue, and this measure takes us an- Historic Trail. Abigail, is known as an advocate for other step toward the recognition of Its purpose is to preserve and inter- women’s rights, and his son, John one of America’s greatest Founding Fa- pret for future generations the Corps of Quincy Adams, later served as our Na- thers. Discovery’s important preparations for tion’s sixth President, and his family Mr. Speaker, I yield back the balance its trailblazing journey into the West- legacy goes on. of my time. ern United States. While commemorative works have The SPEAKER pro tempore. The In 1803, President Thomas Jefferson been established for former Presidents, question is on the motion offered by charged Captains Meriwether Lewis including George Washington, Thomas the gentleman from California (Mr. and William Clark with finding a water Jefferson, and Abraham Lincoln here MCCLINTOCK) that the House suspend route to the Pacific Ocean across the in Washington, D.C., John Adams and the rules and pass the bill, H.R. 1220, as United States’ newly purchased Lou- his legacy are notably not represented amended. isiana Territory and with seeking out in our Nation’s capital, and that is a The question was taken; and (two- and identifying wildlife, vegetation, gap that we seek to cure. thirds being in the affirmative) the and native populations along the way.

VerDate Sep 11 2014 02:12 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.058 H23JYPT1 dlhill on DSK3GLQ082PROD with HOUSE July 23, 2018 CONGRESSIONAL RECORD — HOUSE H6625 The journey contributed greatly to Mr. Speaker, I reserve the balance of erally one of the seminal events that the scientific knowledge and helped to my time. produced this great Nation, spanning foster profound political, social, eco- Mr. MCCLINTOCK. Mr. Speaker, I from coast to coast, and the comple- nomic, cultural, and environmental yield such time as he may consume to tion of this full trail is an important changes to the lands and the peoples of the gentleman from Indiana (Mr. step in recognizing the heroism and the the North American continent. MESSER), the author of this measure. vision of those who came before us to The Lewis and Clark National His- Mr. MESSER. Mr. Speaker, I want to build this Nation. toric Trail was established in 1978 and thank the gentleman from California, Mr. Speaker, I would ask for adop- spans 3,700 miles following the route of Chairman MCCLINTOCK, for his help on tion of the legislation, and I yield back the Lewis and Clark expedition west of this bill; the gentlewoman from Guam, the balance of my time. the Mississippi River from Wood River, my friend, Ms. BORDALLO, for her sup- The SPEAKER pro tempore. The Illinois, to Astoria, Oregon. port as well; Chairman BISHOP and all question is on the motion offered by H.R. 3045 would extend the Lewis and the members and staff of the Natural the gentleman from California (Mr. Clark National Historic Trail by 1,200 Resources Committee for their impor- MCCLINTOCK) that the House suspend miles, with a new eastern boundary at tant work and for bringing this legisla- the rules and pass the bill, H.R. 3045, as Pittsburgh, Pennsylvania, following tion to the House floor today. amended. the path of the Ohio River. Mr. Speaker, I also want to recognize The question was taken; and (two- The Eastern Legacy Extension of the my son, Hudson, I guess named after a thirds being in the affirmative) the trail encompasses important history river, for tagging along with me and rules were suspended and the bill, as and key moments for the expedition. being here as well. amended, was passed. In February of 2018, at the direction Mr. Speaker, as most of us learned in A motion to reconsider was laid on of Congress, the National Park Service high school history, in 1803, the table. completed a study on the proposed ex- Meriwether Lewis and William Clark f tension of this trail. The study found were commissioned by President Jef- PITTMAN-ROBERTSON WILDLIFE the route proposed for inclusion in H.R. ferson to find a water route to the Pa- RESTORATION ACT AND DIN- 3045 to be nationally significant, suit- cific Ocean across the United States. able and feasible for inclusion in the This bill, the Eastern Legacy Exten- GELL-JOHNSON SPORT FISH RES- existing Lewis and Clark National His- sion Act, formally recognizes the im- TORATION ACT AMENDMENTS toric Trail. portant role States like Indiana, my Mr. MCCLINTOCK. Mr. Speaker, I The Eastern Legacy Extension pro- home State, played in the expedition move to suspend the rules and pass the vided by this legislation recognizes the by extending the Lewis and Clark Na- bill (H.R. 5875) to amend the Pittman- significance of the planning, prepara- tional Historic Trail to the east. Robertson Wildlife Restoration Act and tion, and beginning preparations for Currently, the trail only marks the the Dingell-Johnson Federal Aid in the expedition, and will provide new western portion of Lewis and Clark’s Sport Fish Restoration Act, to provide opportunities for Americans to learn expedition. However, these explorers, parity for United States territories and about the Corps of Discovery and the as other speakers have said, traveled the District of Columbia, to make lands along the Ohio River where Lewis nearly 1,000 miles along the Ohio and technical corrections to such Acts and and Clark refined the techniques that Mississippi Rivers in States like Penn- related laws, and for other purposes, as prepared them for the hardships of the sylvania, Ohio, Indiana, and Illinois be- amended. long trip west. fore arriving in present day Missouri. The Clerk read the title of the bill. Mr. Speaker, I reserve the balance of In fact, the town of Clarksville, Indi- The text of the bill is as follows: my time. ana, is named after William Clark after H.R. 5875 Ms. BORDALLO. Mr. Speaker, I yield he famously stopped there to recruit Be it enacted by the Senate and House of Rep- myself such time as I may consume. members for the expedition. resentatives of the United States of America in Mr. Speaker, this bill extends the To properly recognize this historic Congress assembled, Lewis and Clark National Historic expedition and preserve the entire SECTION 1. APPORTIONMENT UNDER PITTMAN- Trail by 1,200 miles to include three ROBERTSON WILDLIFE RESTORA- route Lewis and Clark took, Congress TION ACT. new segments that correspond to the previously requested the National Park (a) EQUIVALENT MINIMUM APPORTIONMENT preparation and return phases of the Service to study extending the trail AMONG STATES AND TERRITORIES OF TAX REV- expedition. along the route they took east of the ENUES ACCRUING TO FUND.—The first sub- Under the Consolidated Natural Re- Mississippi. section (c) of section 4 of the Pittman-Rob- sources Act of 2018, the study of pos- ertson Wildlife Restoration Act (16 U.S.C. sible additional Eastern Legacy sites b 1715 669c), relating to apportionment of certain to add to the Lewis and Clark Historic In February 2018, the final study was revenues accruing to the fund, is amended by Trail identified three nationally sig- released, recommending that Congress striking ‘‘among the States’’ and all that fol- nificant trail segments. designate the eastern leg of the expedi- lows through the end of the first sentence and inserting: ‘‘among the States and each of The first trail identified is a segment tion as part of the trail. This bill American Samoa, Guam, the Northern Mar- of the Ohio River that Meriwether makes that a reality, and by recog- iana Islands, Puerto Rico, and the United Lewis used as a testing ground for sup- nizing the eastern portions of the States Virgin Islands in proportion to the plies and weapons prior to his epic Lewis and Clark Expedition, we make ratio that the population of each State and journey. the entire national trail stronger. each such territory bears to the population Another trail, stretching from the This legislation will increase tourism of all the States and such territories, except falls of Ohio to the confluence of the opportunities for communities in Indi- that each State shall be apportioned not Ohio and Mississippi Rivers, recognizes ana and the rest of the 4,900-mile route more than 3 percent of such revenues, and where Lewis and Clark first met. and promote historic appreciation for each State and each such territory shall be The last trail that will be included apportioned not less than 1 percent of such the role Lewis and Clark played in revenues.’’. under this bill begins at the confluence making our country what it is today. (b) APPORTIONMENT OF WILDLIFE CONSERVA- of the Ohio and Mississippi River and Mr. Speaker, I would like to thank TION AND RESTORATION ACCOUNT AMONG TER- stretches until the Wood River in Illi- the Lewis and Clark Trail Heritage RITORIES AND THE DISTRICT OF COLUMBIA.— nois, which is the current starting Foundation for their work on this leg- The second subsection (c) of section 4 of the point of the National Historic Trail. islation and, again, thank the com- Pittman-Robertson Wildlife Restoration Act The Lewis and Clark story is an im- mittee and the chairmen for their (16 U.S.C. 669c), as added by section 902(e) of portant part of our collective history, work, too. I urge my colleagues to sup- H.R. 5548, as introduced in the 106th Congress and I hope that we can continue work- and enacted into law by section 1(a)(2) of port this bill. Public Law 106–55, and relating to apportioning together to discover and preserve Ms. BORDALLO. Mr. Speaker, I have ment of the Wildlife Conservation and Res- pieces of America’s legacy. no further speakers, and I yield back toration Account, is amended by striking Mr. Speaker, I urge my colleagues to the balance of my time. paragraph (1) and inserting the following: join me in supporting this bill spon- Mr. MCCLINTOCK. Mr. Speaker, the ‘‘(1) The Secretary of the Interior shall ap- sored by Representative LUKE MESSER. Lewis and Clark Expedition was lit- portion from the Wildlife Conservation and

VerDate Sep 11 2014 02:12 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.061 H23JYPT1 dlhill on DSK3GLQ082PROD with HOUSE H6626 CONGRESSIONAL RECORD — HOUSE July 23, 2018 Restoration Account to each of the District 4(a)(1) of the Dingell-Johnson Sport Fish The user-pays approach facilitated by of Columbia, American Samoa, Guam, the Restoration Act (16 U.S.C. 777c(a)(1)) is Pittman-Robertson and Dingell-John- Northern Mariana Islands, Puerto Rico, and amended by striking ‘‘Protection,’’ and in- son has consistently delivered signifi- the United States Virgin Islands a sum equal serting ‘‘Protection’’. cant benefits to hunters, recreational to not more than one-half of 1 percent of (b) CORRECTIONS TO RELATED LAWS.— such Account.’’. (1) Section 111(f)(3) of Public Law 101–593 shooters, and all citizens through the (c) REPEAL OF PERCENTAGE RESTRICTIONS (16 U.S.C. 777e–1(f)(3)) is amended by striking delivery of on-the-ground wildlife and ON APPORTIONMENTS TO TERRITORIES.—Sec- ‘‘section’’ and inserting ‘‘subsection’’. habitat conservation activities. tion 8A of the Pittman-Robertson Wildlife (2) Section 7404(d)(1) of Public Law 105–178 It is time we make the apportion- Restoration Act (16 U.S.C. 669g–1) is amended (16 U.S.C. 777g–1(d)(1)) is amended by striking ment of these important funds fair to by striking ‘‘as he shall determine, not ex- ‘‘section 4(a)(4)’’ and inserting ‘‘section all 50 States and the territories. I urge ceeding’’ and all that follows through ‘‘, in 4(a)(3)(A)’’. any one year,’’ and inserting ‘‘as the Sec- adoption of the measure, and I reserve The SPEAKER pro tempore. Pursu- the balance of my time. retary shall determine for each year,’’. ant to the rule, the gentleman from SEC. 2. TECHNICAL CORRECTIONS TO PITTMAN- Ms. BORDALLO. Mr. Speaker, I yield ROBERTSON WILDLIFE RESTORA- California (Mr. MCCLINTOCK) and the myself such time as I may consume. TION ACT. gentlewoman from Guam (Ms. Mr. Speaker, I am very pleased that (a) The first section and section 12 of the BORDALLO) each will control 20 min- the full House will soon vote on my Pittman-Robertson Wildlife Restoration Act utes. bill, H.R. 5875, supported by all six (16 U.S.C. 669, 669i) are each amended by The Chair recognizes the gentleman Members of Congress representing the striking ‘‘Secretary of Agriculture’’ each from California. place it appears and inserting ‘‘Secretary of U.S. territories and the District of Co- GENERAL LEAVE the Interior’’. lumbia. My bipartisan bill will ensure (b) Paragraph (2) of section 3(a) of such Act Mr. MCCLINTOCK. Mr. Speaker, I that Guam, the other U.S. territories, (16 U.S.C. 669b(a)) is amended— ask unanimous consent that all Mem- and D.C. receive their fair share of an- (1) by moving such paragraph 2 ems to the bers have 5 legislative days to revise nual funding under the Pittman-Rob- left; and and extend their remarks and include ertson and Dingell-Johnson acts. (2) by striking ‘‘16 U.S.C. 669(b)(1))’’ and in- extraneous material on the bill under serting ‘‘subsection (b)(1)’’. This Federal funding supports fish consideration. and wildlife conservation and enhances (c)(1) Section 4 of such Act (16 U.S.C. 669c) The SPEAKER pro tempore. Is there is amended by redesignating the second sub- hunting, sport fishing, boating, and objection to the request of the gen- section (c) (as added by section 902(e) of H.R. other outdoor recreational opportuni- tleman from California? 5548, as introduced in the 106th Congress and ties at no cost to taxpayers. There was no objection. enacted into law by section 1(a)(2) of Public Each State and territorial fish and Mr. MCCLINTOCK. Mr. Speaker, I Law 106–55; relating to apportionment of the wildlife agency receives a yearly allo- Wildlife Conservation and Restoration Ac- yield myself such time as I may con- count) and subsection (d) as subsections (d) sume. cation of this Federal funding. How- and (e), respectively. Mr. Speaker, H.R. 5875, introduced by ever, current Federal law places arbi- (2) Section 2(6) of such Act (16 U.S.C. my colleague from Guam (Ms. trary caps on how much funding the 669a(6)) is amended by striking ‘‘section BORDALLO), addresses the existing dis- five territories and D.C. may receive, 304(d)’’ and inserting ‘‘section 4(e)’’. parity between the 50 States and the forcing us to split the smallest State’s (3) Section 3(c)(2) of such Act (16 U.S.C. share six ways. My bipartisan bill will 669b(c)(2)) is amended by striking ‘‘sections U.S. territories with regard to the for- 4(d) and (e) of this Act,’’ and inserting ‘‘sec- mulas within the Pittman-Robertson fix this by providing each territory and tion 4(e),’’. and Dingell-Johnson conservation pro- D.C. the same funding percentage guar- (d) Subsection (d) of section 4 of such Act grams. While the territories are in- anteed for each State. (16 U.S.C. 669c), as redesignated by sub- cluded in the statutory definition as My bill will also allow the Secretary section (c)(1) of this section, is further States, they are not afforded an oppor- of the Interior to exercise his or her amended in paragraph (2)(A)— tunity to receive an equal share of full discretion in allocating this fund- (1) in clause (i)— ing based on the same criteria applied (A) by striking ‘‘one-third of which is Pittman-Robertson and Dingell-John- based’’ and inserting ‘‘One-third of such son funding. to the States. amount shall be apportioned based’’; and The legislation provides the Sec- Lastly, H.R. 5875 will make technical (B) by striking ‘‘; and’’ and inserting a pe- retary of the Interior with greater changes in the U.S. Code to correct er- riod; and flexibility in apportioning conserva- rors in these two Federal laws. (2) in clause (ii), by striking ‘‘two-thirds of tion funds and requires parity between I thank our Natural Resources Com- which is based’’ and inserting ‘‘Two-thirds of the States and the territories with re- mittee chairman, Mr. ROB BISHOP, for such amount shall be apportioned based’’. his partnership in bringing my bill to (e) Section 6 of such Act (16 U.S.C. 669e) is spect to funding for basic hunter edu- amended— cation programs. the floor. (1) in subsection (a)— Under current law, each State is I urge a ‘‘yes’’ vote on this bipartisan (A) by inserting ‘‘(1)’’ before the first sen- guaranteed at least a 1 percent share of bill. tence; yearly Pittman-Robertson apportion- Mr. Speaker, I want to thank my col- (B) by redesignating paragraphs (1) and (2), ment. However, the current statute league, Representative MCCLINTOCK as in effect before the enactment of this caps Puerto Rico’s share at one-fourth from California, for his very favorable paragraph, as subparagraphs (A) and (B) of of 1 percent and the four other U.S. ter- comments on this bill, and I yield back paragraph (1) (as designated by the amend- ritory shares at just one-sixth of 1 per- the balance of my time. ment made by subparagraph (A) of this para- Mr. MCCLINTOCK. Mr. Speaker, I graph), and moving such subparagraphs 2 cent. In other words, they pay the fees ems to the right; and and the taxes, but they don’t get equal want to thank the gentlewoman for (C) by inserting ‘‘(2)’’ before ‘‘The Sec- access to the funds. bringing this bill to the House. This retary of the Interior shall approve’’; and H.R. 5875 specifically removes the ex- really is an injustice to think that the (2) in subsection (b), by striking ‘‘option (1) isting caps on funds for basic hunter people of the territories pay the full of subsection (a) of this section,’’ and insert- education programs and would man- amount of the fees and yet only get a ing ‘‘subsection (a)(1)(A),’’. date that each territory and State re- fraction of the benefits that are af- SEC. 3. APPORTIONMENT UNDER DINGELL-JOHN- ceive not less than 1 percent in any forded to the States that are paying SON SPORT FISH RESTORATION ACT. the same fees. This corrects that injus- Section 12 of the Dingell-Johnson Sport given year. The bill also removes addi- Fish Restoration Act (16 U.S.C. 777K) is tional restrictions on apportionments tice. amended by striking ‘‘as he shall determine, for wildlife and sport fishing restora- Mr. Speaker, I urge the bill’s adop- not exceeding for Puerto Rico’’ and all that tion projects. tion, and I yield back the balance of follows through ‘‘in any one year, but the The absence of caps will allow the my time. Secretary’’ and inserting ‘‘as the Secretary Secretary of the Interior to exercise The SPEAKER pro tempore. The shall determine, except the Secretary’’. discretion in apportioning Pittman- question is on the motion offered by SEC. 4. TECHNICAL CORRECTIONS RELATING TO Robertson and Dingell-Johnson funds the gentleman from California (Mr. DINGELL-JOHNSON SPORT FISH RESTORATION ACT. to the five U.S. territories in propor- MCCLINTOCK) that the House suspend (a) CORRECTIONS TO DINGELL-JOHNSON tion to their populations, as it is done the rules and pass the bill, H.R. 5875, as SPORT FISH RESTORATION ACT.—Section currently for each of the 50 States. amended.

VerDate Sep 11 2014 02:12 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JY7.025 H23JYPT1 dlhill on DSK3GLQ082PROD with HOUSE July 23, 2018 CONGRESSIONAL RECORD — HOUSE H6627 The question was taken; and (two- (ii) chapter 3201 of title 54, United States unit of the National Park System. The thirds being in the affirmative) the Code. proposed monument would be approxi- rules were suspended and the bill, as (2) MANAGEMENT PLAN.— mately 1,500 acres, of which 900 will be (A) IN GENERAL.—Not later than 3 years after amended, was passed. the date on which funds are first made available donated to the Park Service. A motion to reconsider was laid on to the Secretary for this purpose, the Secretary I am grateful to Mr. ROGERS for spon- the table. shall prepare a general management plan for soring this legislation. It is the right f the Monument in accordance with section 100502 way to create a national monument. of title 54, United States Code. Monuments ought to be created MILL SPRINGS BATTLEFIELD (B) SUBMIT TO CONGRESS.—On completion of through the open legislative process of NATIONAL MONUMENT ACT the general management plan, the Secretary Congress and not via executive fiat. Mr. MCCLINTOCK. Mr. Speaker, I shall submit it to the Committee on Natural Re- Mr. Speaker, I urge adoption of the move to suspend the rules and pass the sources of the House of Representatives and the measure, and I reserve the balance of bill (H.R. 5979) to establish the Mill Committee on Energy and Natural Resources of my time. the Senate. Ms. BORDALLO. Mr. Speaker, I yield Springs Battlefield National Monu- (f) PRIVATE PROPERTY PROTECTION.—No pri- ment in the State of Kentucky as a vate property or non-Federal public property myself such time as I may consume. unit of the National Park System, and shall be managed as part of the Monument Mr. Speaker, this bill, which is spon- for other purposes, as amended. without the written consent of the owner of sored by Representative ROGERS from The Clerk read the title of the bill. such property. Kentucky, establishes the Mill Springs The text of the bill is as follows: (g) NO BUFFER ZONES.—Nothing in this Act, Battlefield National Monument in the H.R. 5979 the establishment of the Monument, or the man- State of Kentucky to preserve, protect, agement of the Monument shall be construed to Be it enacted by the Senate and House of Rep- and interpret for current and future create buffer zones outside of the Monument. resentatives of the United States of America in generations, the historic resources of The fact that an activity or use can be seen, Congress assembled, the Mill Springs Battlefield and its heard, or detected from within the Monument SECTION 1. SHORT TITLE. shall not preclude the conduct of that activity role in the American Civil War. This Act may be cited as the ‘‘Mill Springs or use outside of the Monument. Mill Springs Battlefield in Pulaski Battlefield National Monument Act’’. County, Kentucky, was the site of the The SPEAKER pro tempore. Pursu- SEC. 2. DEFINITIONS. Union’s first decisive victory in the ant to the rule, the gentleman from In this Act: western theater of the American Civil California (Mr. MCCLINTOCK) and the (1) MAP.—The term ‘‘Map’’ means the map War. Given the Confederacy’s presence entitled ‘‘Mill Springs Battlefield National gentlewoman from Guam (Ms. in the South, the Union’s performance Monument, Nancy, Kentucky’’ numbered 297/ BORDALLO) each will control 20 min- in Kentucky was perceived as a pivotal 145513, and dated June 2018. utes. (2) MONUMENT.—The term ‘‘Monument’’ The Chair recognizes the gentleman turning point in the war. means the Mill Springs Battlefield National President Abraham Lincoln articu- from California. Monument established by section 3(a). lated the strategic importance of Ken- (3) SECRETARY.—The term ‘‘Secretary’’ means GENERAL LEAVE tucky by stating: ‘‘I hope to have God the Secretary of the Interior, acting through the Mr. MCCLINTOCK. Mr. Speaker, I on my side, but I must have Ken- Director of the National Park Service. ask unanimous consent that all Mem- tucky.’’ SEC. 3. ESTABLISHMENT OF MILL SPRINGS BAT- bers have 5 legislative days to revise This monument designation is a fit- TLEFIELD NATIONAL MONUMENT. and extend their remarks and include (a) ESTABLISHMENT.— ting tribute to the historical signifi- (1) IN GENERAL.—Subject to paragraph (2), extraneous material on the bill under cance of Mill Springs and an encour- there is established, as a unit of the National consideration. aging sign that we can continue to Park System, the Mill Springs Battlefield Na- The SPEAKER pro tempore. Is there work across political lines to ensure tional Monument in the State of Kentucky, to objection to the request of the gen- that our most important places are preserve, protect, and interpret for the benefit of tleman from California. preserved for future generations. present and future generations the nationally There was no objection. Mr. Speaker, I urge adoption of this significant historic resources of the Mill Springs Mr. MCCLINTOCK. I yield myself Battlefield and its role in the American Civil bill, and I reserve the balance of my such time as I may consume. time. War. Mr. Speaker, H.R. 5979, introduced by (2) CONDITIONS.—The Monument shall not be Mr. MCCLINTOCK. Mr. Speaker, I am established until the Secretary— Representative HAL ROGERS of Ken- now pleased to yield such time as he (A) has entered into a written agreement with tucky, establishes the Mill Springs may consume to gentleman from Ken- the owner of any private or non-Federal land Battlefield National Monument in Ken- tucky (Mr. ROGERS), the distinguished within the Mill Springs Battlefield National tucky as a unit of the National Park author of this measure. Monument boundary as depicted on the Map, System. Mr. ROGERS of Kentucky. Mr. providing that such property shall be donated to The Battle of Mill Springs was one of Speaker, I thank the gentleman for the United States for inclusion in the Monument Kentucky’s largest Civil War battles yielding me the time. to be managed consistently with the purposes of and played a crucial role in the Union’s the Monument; and Mr. Speaker, I rise today in support (B) has determined that sufficient land or in- success by securing the Cumberland of H.R. 5979, the Mill Springs Battle- terests in land have been acquired within the Gap and providing the gateway into field National Monument Act, legisla- boundary of the Monument to constitute a man- Tennessee. tion that I introduced that directs the ageable unit. The Battle of Mill Springs bolstered Secretary of the Interior to establish (b) BOUNDARIES.—The boundaries of the the Union’s morale, as it was the first the Mill Springs Battlefield National Monument shall be the boundaries generally de- major victory of the war following the Monument as a unit of the National picted on the Map. disastrous defeat at First Manassas. (c) AVAILABILITY OF MAP.—The Map shall be Park System. on file and available for public inspection in the Winning the battle enabled the Union On January 19, 1862, the small Ken- appropriate offices of the National Park Service. to push all Confederate powers out of tucky town of Logan’s Cross Roads (d) ACQUISITION AUTHORITY.—The Secretary Kentucky and allowed them to advance erupted in a blast of artillery and mus- may only acquire land or an interest in land lo- into Confederate strongholds in Middle ket fire as Confederate and Union cated within the boundary of the Monument Tennessee. forces clashed in the Battle of Mill by— Mill Springs Battlefield was des- Springs. (1) donation; (2) purchase with donated funds; or ignated as a National Historic Land- When the smoke cleared, it was clear (3) exchange. mark in 1994. The boundary was ex- that the Union was victorious and had (e) ADMINISTRATION.— panded in 2008 and now encompasses secured its first significant victory in (1) IN GENERAL.—The Secretary shall admin- over 1,500 acres. The nonprofit Mill the Civil War. To honor the site, the ister the Monument in accordance with— Springs Battlefield Association cur- Mill Springs Battlefield in Pulaski and (A) this Act; and rently owns 900 acres of battlefield land Wayne Counties in Kentucky was des- (B) the laws generally applicable to units of the National Park System, including— and operates a visitors center at the ignated a U.S. National Historic Land- (i) section 100101(a), chapter 1003, and sec- site. mark district in 1994. tions 100751(a), 100752, 100753, and 102101 of title H.R. 5979 establishes the Mill Springs Realizing the need to preserve and 54, United States Code; and Battlefield National Monument as a protect the battlefield for the future,

VerDate Sep 11 2014 02:12 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.065 H23JYPT1 dlhill on DSK3GLQ082PROD with HOUSE H6628 CONGRESSIONAL RECORD — HOUSE July 23, 2018 the Mill Springs Battlefield Associa- cans. This is an important part of that interactive museum. It is the first nation was founded in 1992. That associa- story, and I would ask for adoption of tional scale, nonprofit, cultural insti- tion currently owns more than 900 the measure. tution with a visitor experience dedi- acres of the battlefield that they have Mr. Speaker, I yield back the balance cated to comedy outside of the U.S. pieced together over the years with of my time. Senate. their own money and grant money The SPEAKER pro tempore. The The museum is acquiring the per- from various sources. They even built a question is on the motion offered by sonal archives of prominent American $1.7 million, 10,000-square-foot visitor the gentleman from California (Mr. comedians and will showcase more center and museum at the site, which MCCLINTOCK) that the House suspend than 50 exhibits on the history of com- is adjacent to the Mill Springs Na- the rules and pass the bill, H.R. 5979, as edy from early vaudeville to today. In tional Cemetery, which, of course, was amended. addition, the center operates the Lu- started by the deaths from this battle. The question was taken; and (two- cille Ball Desi Arnaz Museum, as Mr. Speaker, while the association is thirds being in the affirmative) the Jamestown is the birthplace of Ms. currently doing an exemplary job in rules were suspended and the bill, as Ball. maintaining the battlefield, it simply amended, was passed. H.R. 6077 will officially designate the does not have the financial resources A motion to reconsider was laid on National Comedy Center in James- to adequately preserve and maintain the table. town, New York, as the National Com- this site in perpetuity. f edy Center. The center will not be a To ensure that the Mill Springs Bat- NATIONAL COMEDY CENTER part of or affiliated with the National tlefield is protected for future genera- RECOGNITION ACT Park System. Just to be crystal clear, tions, I introduced this legislation to this designation will not require Fed- add the battlefield to the National Mr. MCCLINTOCK. Mr. Speaker, I eral funds to be expended for any pur- Park System. This will ensure that the move to suspend the rules and pass the pose related to the center—no joke. battlefield where the Union first tasted bill (H.R. 6077) recognizing the Na- Mr. Speaker, I reserve the balance of victory is protected, preserved, and tional Comedy Center in Jamestown, my time. promoted well into the future. New York, as amended. Ms. BORDALLO. Mr. Speaker, I yield Mr. Speaker, this effort is supported The Clerk read the title of the bill. myself such time as I may consume. by the Secretary of the Interior, Ryan The text of the bill is as follows: Mr. Speaker, this bill is sponsored by Zinke, as well as the National Park H.R. 6077 Mr. REED of New York, and it officially Service. Be it enacted by the Senate and House of Rep- designates the National Comedy Center It is also supported by many in Ken- resentatives of the United States of America in in Jamestown, New York, as the Na- tucky, including our Governor, our Congress assembled, tional Comedy Center and recognizes it friends in our congressional delegation, SECTION 1. SHORT TITLE. as the only museum that exists to cele- This Act may be cited as the ‘‘National brate comedy in the United States. and countless local and regional lead- Comedy Center Recognition Act’’. ers. The National Comedy Center is set to SEC. 2. DESIGNATION OF NATIONAL COMEDY open for the first time early next b 1730 CENTER IN JAMESTOWN, NEW YORK. (a) CONGRESSIONAL RECOGNITION.—Con- month. This honorary recognition will It is also supported by the Battlefield gress— highlight the museum and the impor- Association which is willing to donate (1) recognizes that the National Comedy tance of the comedic arts which bright- their property, some 900 of the acres, to Center, located in Jamestown, New York, is en the lives of everyday Americans. make this national monument a re- the only museum of its kind that exists for I want to congratulate Congressman ality. the exclusive purpose of celebrating comedy REED for his hard work on behalf of I am particularly grateful to Chair- in all its forms; and Jamestown, New York, and the Com- (2) officially designates the National Com- man MCCLINTOCK, Chairman BISHOP, edy Center as the National Comedy Center. edy Center. I am very happy to lend my and their staff who worked closely with (b) EFFECT OF RECOGNITION.—The National support to the preservation of institu- us to bring this bill to the floor. I can’t Comedy Center recognized in this section is tions that preserve parts of our cul- thank the chairman enough for the not a unit of the National Park System, and tural identity, and I do urge my col- great work that he does. the designation shall not be construed to re- leagues to join me in supporting this I would also like to specifically quire or permit Federal funds to be expended bill. thank my friend and colleague, Senate for any purpose related to the Center. Mr. Speaker, I reserve the balance of Majority Leader MITCH MCCONNELL, The SPEAKER pro tempore. Pursu- my time. who is ushering companion legislation ant to the rule, the gentleman from Mr. MCCLINTOCK. Mr. Speaker, I through the Senate. California (Mr. MCCLINTOCK) and the yield such time as he may consume to Finally, Mr. Speaker, I want to gentlewoman from Guam (Ms. the gentleman from New York (Mr. thank the men and women of the Mill BORDALLO) each will control 20 min- REED), who is the author of this meas- Springs Battlefield Association. With- utes. ure. out their decades of work to piece to- The Chair recognizes the gentleman Mr. REED. Mr. Speaker, I thank Mr. gether and preserve this important from California. MCCLINTOCK for yielding me such time site, none of this would be possible GENERAL LEAVE as I may consume to address the sub- today. They stage an annual reenact- Mr. MCCLINTOCK. Mr. Speaker, I ject matter of this bill. ment of this battle which is realistic to ask unanimous consent that all Mem- Mr. Speaker, for once on this floor, the nth degree, and I would invite ev- bers may have 5 legislative days to re- this is a laughing matter. The purpose eryone to attend the annual reunion of vise and extend their remarks and in- of this bill is to officially designate the this battle in January of next year. clude extraneous materials on the bill National Comedy Center in James- Mr. Speaker, I urge the passage of under consideration. town, New York, as the National Com- the Mill Springs Battlefield National The SPEAKER pro tempore. Is there edy Center for the United States of Monument Act. objection to the request of the gen- America. Ms. BORDALLO. Mr. Speaker, I urge tleman from California? Mr. Speaker, our country doesn’t the support of this bill. I have no fur- There was no objection. currently have a national center to ther speakers, and I yield back the bal- Mr. MCCLINTOCK. Mr. Speaker, I recognize comedy and the important ance of my time. yield myself such time as I may con- role it plays in American culture. I can Mr. MCCLINTOCK. Mr. Speaker, sume. think of no better place for such a cen- these historic sites provide a tangible Mr. Speaker, the National Comedy ter than in our district in the city of link between our generation and those Center in downtown Jamestown, New Jamestown, the birthplace of Lucille who came before us and allow us to York, is a nonprofit institution that Ball. draw inspiration from the deeds and tells the story of comedy in America. Across the country and all over the sacrifices of those who built this coun- Opening next month, the center is a world, people recognize Lucille Ball try and secured freedom for all Ameri- live performance space as well as an and ‘‘I love Lucy’’ as one of the most

VerDate Sep 11 2014 02:12 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.066 H23JYPT1 dlhill on DSK3GLQ082PROD with HOUSE July 23, 2018 CONGRESSIONAL RECORD — HOUSE H6629 popular television shows of all time. bill (S. 2850) to amend the White Moun- the construction of the White Moun- The National Comedy Center will cele- tain Apache Tribe Water Rights Quan- tain Apache rural water system to brate her impact and many others in tification Act of 2010 to clarify the use bring safe and reliable drinking water the world of comedy when it hosts this of amounts in the WMAT Settlement to the Tribe and to its members. Spe- August the Lucille Ball Comedy Fes- Fund. cifically, the rural water system will tival for the grand opening of the Na- The Clerk read the title of the bill. consist of a dam and reservoir, a treat- tional Comedy Center. The text of the bill is as follows: ment plant, and 55 miles of pipeline to All jokes aside, Mr. Speaker, this S. 2850 serve the community. museum is much bigger than one per- Be it enacted by the Senate and House of Rep- The act also established the creation son in Lucille Ball. This is about come- resentatives of the United States of America in of the White Mountain Apache Tribal dians who have practiced their art and Congress assembled, settlement fund that can be used to have celebrated the healing aspects of SECTION 1. USE OF FUNDS IN WMAT SETTLE- cover any cost overruns for the system MENT FUND FOR WMAT RURAL and water-related economic develop- humor in our society. With more than WATER SYSTEM. 50 exhibits that engage and excite, this (a) AUTHORIZATION OF WMAT RURAL WATER ment projects. The rural water system museum is the first of its kind dedi- SYSTEM.—Section 307(a) of the White Moun- will serve a number of water-related cated to celebrating comedy in all its tain Apache Tribe Water Rights Quantifica- activities that fit squarely with the forms and the people who share the tion Act of 2010 (Public Law 111–291; 124 Stat. settlement fund’s authorized purposes. laughter it brings. 3080) is amended in the matter preceding To ensure the completion of the It is the Cooperstown of baseball, the paragraph (1) by inserting ‘‘, (b)(2),’’ after Tribe’s rural water system, S. 2850 Dayton of pro football, and the Cleve- ‘‘subsections (a)’’. makes a technical amendment to the (b) FUNDING.—Section 312(b)(2)(C)(i)(III) of land of Rock and Roll. the White Mountain Apache Tribe Water Claims Resolution Act to clarify that I would like to thank the men and Rights Quantification Act of 2010 (Public the Tribe may utilize funding from the women whose hard work and dedica- Law 111–291; 124 Stat. 3093) is amended by settlement fund for planning, design, tion to the National Comedy Center striking the period at the end and inserting and conduction activities related to have gotten us here. In particular, I the following: ‘‘, including the planning, de- construction of the rural water system. would like to thank all those who made sign, and construction of the WMAT rural The bill also clarifies the 99-year the National Comedy Center in James- water system, in accordance with section lease authority for the Pueblo of Santa town, New York, possible; including 307(a).’’. Clara and the Ohkay Owingeh Pueblo SEC. 2. EXPANSION OF PUEBLO OF SANTA CLARA in New Mexico. The Indian Long-Term Journey Gunderson, Tom Benson, and LAND ELIGIBLE FOR 99-YEAR LEASE. the rest of the National Comedy Center Subsection (a) of the first section of the Leasing Act allows Indians to lease board for their tireless work; as well as Act of August 9, 1955 (commonly known as their lands subject to the approval of former County Executive Vince the ‘‘Long-Term Leasing Act’’) (25 U.S.C. the Secretary of the Interior for public, Horrigan, and present Chautauqua 415(a)), is amended— religious, educational, recreational, County Executive George Borrello, as (1) by striking ‘‘Indians,,’’ and inserting residential, or business purposes of up well as the mayor of Jamestown, Sam ‘‘Indians,’’; to 25 years. Congress has amended the Teresi, for their unwavering support in (2) by inserting ‘‘Ohkay Owingeh pueblo,’’ ILTLA more than 40 times to adjust after ‘‘Cochiti,’’; the terms and conditions of Indian land this bipartisan endeavor. (3) by inserting ‘‘the pueblo of Santa I thank Greg Edwards of the Gebbie Clara,’’ after ‘‘Pojoaque,’’; leases, including the authorization of Foundation as well as all the other (4) by striking ‘‘the the lands’’ and insert- 99-year leases for lands held in trust for foundations and contributors that ing ‘‘the land’’; the Pueblo Santa Clara and the Ohkay helped make this a reality. Most of all, (5) by striking ‘‘lands held in trust for the Owingeh Pueblo of New Mexico. we want to recognize the comedians Pueblo of Santa Clara,’’; and S. 2850 clarifies that this 99-year and artists who have shared their tal- (6) by striking ‘‘lands held in trust for lease authority also extends to lands in ents for years with Jamestown to make Ohkay Owingeh Pueblo’’. restricted deed status. These are lands this possible. The SPEAKER pro tempore. Pursu- held by a Tribe or individual Indians With that, Mr. Speaker, I ask my ant to the rule, the gentleman from subject to a limitation on alienation or friends and colleagues to support this California (Mr. MCCLINTOCK) and the taxation. bill. gentlewoman from Guam (Ms. Mr. Speaker, I reserve the balance of Ms. BORDALLO. Mr. Speaker, we BORDALLO) each will control 20 min- my time. should all be smiling when we say we utes. Ms. BORDALLO. Mr. Speaker, I yield support this bill—and that is no laugh- The Chair recognizes the gentleman such time as he may consume to the ing matter. from California. gentleman from Arizona (Mr. Mr. Chairman, I have no further GENERAL LEAVE O’HALLERAN). speakers, and I yield back the balance Mr. MCCLINTOCK. Mr. Speaker, I Mr. O’HALLERAN. Mr. Speaker, I of my time. ask unanimous consent that all Mem- rise today in strong support of S. 2850 Mr. MCCLINTOCK. Mr. Speaker, I bers may have 5 legislative days to re- and to urge passage of this amendment would ask for adoption of the measure, vise and extend their remarks and in- to the White Mountain Apache Tribe and I yield back the balance of my clude extraneous materials on the bill Water Rights Quantification Act of time. under consideration. 2010. The SPEAKER pro tempore. The The SPEAKER pro tempore. Is there The White Mountain Apache Tribe question is on the motion offered by objection to the request of the gen- Water Rights Quantification Act of the gentleman from California (Mr. tleman from California? 2010 resolved the Tribe’s water claims MCCLINTOCK) that the House suspend There was no objection. against the Federal and State govern- the rules and pass the bill, H.R. 6077, as Mr. MCCLINTOCK. Mr. Speaker, I ments, as well as other parties and amended. yield myself such time as I may con- States. This act also authorized the The question was taken; and (two- sume. White Mountain Rural Water System thirds being in the affirmative) the The Claims Resolution Act of 2010 in- all while being budget neutral. rules were suspended and the bill, as cluded four Indian water rights settle- This bill is simply a straightforward, amended, was passed. ments. Title III of the act resolved the technical amendment which is nec- A motion to reconsider was laid on White Mountain Apache Tribes’ water- essary to clarify that authorization au- the table. related claims against the United thority exists for the Tribe to use the f States, the State of Arizona, and a settlement fund for water-related eco- number of other State and non-Federal nomic development projects. The Tribe AMENDING THE WHITE MOUNTAIN parties. needs this clarification in order to APACHE TRIBE WATER RIGHTS In consideration for the Tribe’s complete the construction of its rural QUANTIFICATION ACT OF 2010 waiving its water-related claims water system, which is long overdue Mr. MCCLINTOCK. Mr. Speaker, I against the United States and other and a critical project for the commu- move to suspend the rules and pass the parties, the act authorized funding for nity.

VerDate Sep 11 2014 02:12 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.069 H23JYPT1 dlhill on DSK3GLQ082PROD with HOUSE H6630 CONGRESSIONAL RECORD — HOUSE July 23, 2018 I thank Senator FLAKE, whose staff QUINDARO TOWNSITE NATIONAL state port of entry during the Kansas has worked closely with me and my of- COMMEMORATIVE SITE ACT Territory’s fight over the question of fice on this issue for the past year and Mr. MCCLINTOCK. Mr. Speaker, I slavery. The town’s diverse inhabitants a half. I also thank the chairman and move to suspend the rules and pass the were antislavery and included Ameri- ranking member for supporting this bill (H.R. 5613) to designate the cans of European and African Amer- bill. Quindaro Townsite in Kansas City, ican descent, as well as members of the Given the importance of the water Kansas, as a National Historic Land- Wyandot Tribe. The Quindaro area was the location system and the implementation of the mark, and for other purposes, as of an African American refugee settle- settlement legislation to the White amended. ment that began during the Civil War Mountain Apache Tribe, I urge the The Clerk read the title of the bill. and grew into a prominent African swift passage of this bill and look for- The text of the bill is as follows: American community. It was also the ward to working together with all af- H.R. 5613 fected stakeholders on its implementa- site of the Freedman’s University and Be it enacted by the Senate and House of Rep- tion. its successor institution, Western Uni- resentatives of the United States of America in versity, the first Black university in Ms. BORDALLO. Mr. Speaker, I yield Congress assembled, myself such time as I may consume. Kansas. SECTION 1. QUINDARO TOWNSITE NATIONAL The Quindaro Townsite is on the Na- Mr. Speaker, this bill makes a small COMMEMORATIVE SITE ACT. tional Register of Historic Places and, change to the previously approved (a) SHORT TITLE.—This Act may be cited as water rights settlement in order to the ‘‘Quindaro Townsite National Commemora- importantly, has been designated as allow the White Mountain Apache tive Site Act’’. part of the National Underground Rail- Tribe in Arizona to complete work on a (b) DEFINITION.—In this Act, the term ‘‘Sec- road Network to Freedom. Quindaro’s rural water system. retary’’ means the Secretary of the Interior. early residents assisted fugitive slaves (c) DESIGNATION.—The Quindaro Townsite in escaping across the Missouri River to Specifically, the bill clarifies that Kansas City, Kansas, as listed on the National funding Congress has already author- freedom. Register of Historic Places, is hereby designated Supporters of Quindaro have long ized for water-related economic devel- as the Quindaro Townsite National Commemo- sought elevated status and recognition opment projects can be used to cover rative Site. The Site shall not be considered a for the site. H.R. 5613 designates possible construction cost overruns as- unit of the National Park System. Quindaro Townsite as a national com- sociated with the Tribe’s main water (d) ADMINISTRATION.—Nothing in this section shall affect the administration of the Quindaro memorative site. This establishes the project, which will provide drinking townsite as an affiliated area of the water supplies for Tribal members once Townsite by Kansas City or the State of Kansas. (e) COOPERATIVE AGREEMENTS.—The Sec- National Park System and authorizes completed. retary, in consultation with the State of Kan- the Secretary of the Interior to offer In addition, section 2 of the bill clari- sas, Kansas City, Kansas, and affected subdivi- technical assistance and support to fies that the Pueblos of Santa Clara sions, may enter into cooperative agreements Quindaro. and Ohkay Owingeh in New Mexico are with appropriate public or private entities, for I want to compliment my colleague, the purposes of protecting historic resources at authorized to lease all of their Tribal Mr. YODER, for bringing this matter to lands for up to 99 years. Currently, the Quindaro Townsite and providing educational and interpretive programs for the public. the attention of the Congress and for Pueblos have the option to enter into the work he has done to ensure that 99-year leases only on their trust lands, (f) TECHNICAL ASSISTANCE.—The Secretary may provide technical assistance to any entity this site receives national recognition. as this option is not extended to their with which the Secretary has entered into a co- Mr. Speaker, I urge adoption of the restricted fee lands. operative agreement under subsection (e). measure, and I reserve the balance of Passage of this provision will correct (g) EFFECT ON PRIVATE PROPERTY, LOCAL my time. that discrepancy, allowing the Pueblos LAND USE, AND LAND ACQUISITION AUTHOR- Ms. BORDALLO. Mr. Speaker, I yield the same flexibility in leasing terms ITY.—Nothing in this Act authorizes the Sec- myself such time as I may consume. that other Tribes already possess. retary to— Mr. Speaker, this bill, as amended, I would like to thank our New Mex- (1) interfere with private property rights, or would designate the Quindaro Townsite any local zoning ordinance or land use plan of ico colleagues, Senator TOM UDALL and in Kansas city, Kansas, as a national ´ the State or any political subdivision of the Congressman BEN RAY LUJAN, for advo- State; or commemorative site, an honorary des- cating for this issue and for getting (2) acquire land or interests in land through ignation under the National Park Sys- this provision included in the legisla- condemnation or otherwise. tem. The town of Quindaro was founded in tion. The SPEAKER pro tempore. Pursu- 1857 and was a key site during the Mr. Speaker, I am happy to urge my ant to the rule, the gentleman from Bleeding Kansas conflict, serving as a colleagues to join me in supporting California (Mr. MCCLINTOCK) and the safe port of entry into Kansas on the this bill which is sponsored by Senator gentlewoman from Guam (Ms. Missouri River for those opposed to JEFF FLAKE. BORDALLO) each will control 20 min- slavery. In addition, the town aided Mr. Speaker, I have no further speak- utes. runaway slaves as they escaped to free- ers, so I yield back the balance of my The Chair recognizes the gentleman dom in Kansas through the Under- time. from California. Mr. MCCLINTOCK. Mr. Speaker, as ground Railroad. GENERAL LEAVE you have heard, this bill irons out a lot Local government, private entities, Mr. MCCLINTOCK. Mr. Speaker, I of problems with the settlement and and individual stakeholders in the area ask unanimous consent that all Mem- clears the way for hopefully a very pro- have been working to elevate the sta- bers may have 5 legislative days in ductive project. tus of the Quindaro Townsite for years, which to revise and extend their re- Mr. Speaker, I urge its adoption, and and I am glad we were able to recognize marks and include extraneous mate- I yield back the balance of my time. its important cultural legacy with this rials on the bill under consideration. bill. The SPEAKER pro tempore. Is there I want to congratulate Congressman b 1745 objection to the request of the gen- YODER on his hard work, and I want to The SPEAKER pro tempore. The tleman from California? commend my colleagues from across question is on the motion offered by There was no objection. the aisle for coming up with an appro- the gentleman from California (Mr. Mr. MCCLINTOCK. Mr. Speaker, I priate designation for this site. Des- MCCLINTOCK) that the House suspend yield myself such time as I may con- ignation of Quindaro Townsite as a na- the rules and pass the bill, S. 2850. sume. tional commemorative site is a fitting The question was taken; and (two- Mr. Speaker, the Quindaro Townsite tribute that ensures the sacrifices, thirds being in the affirmative) the in Kansas City preserves an important struggles, and triumphs of its early rules were suspended and the bill was piece of our past whose history should residents will never be forgotten. passed. be known by all. The site preserves the Mr. Speaker, I urge my colleagues to A motion to reconsider was laid on ruins of a frontier town on the Mis- join me in supporting this bill, and I the table. souri River, founded in 1857 as a free- reserve the balance of my time.

VerDate Sep 11 2014 02:12 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.071 H23JYPT1 dlhill on DSK3GLQ082PROD with HOUSE July 23, 2018 CONGRESSIONAL RECORD — HOUSE H6631 Mr. MCCLINTOCK. Mr. Speaker, I Robinson, the Allen Chapel AME KEVIN YODER for bringing it forward. I yield such time as he may consume to Church, the Western University Asso- urge my colleagues to support it. the gentleman from Kansas (Mr. ciation, the Wyandotte County Unified Mr. MCCLINTOCK. Mr. Speaker, I YODER), the author of this bill. Government, and the Freedom’s Fron- would again like to say what a great Mr. YODER. Mr. Speaker, I really ap- tier National Heritage Area, as well as pleasure it has been for me to work preciate the comments of the gen- Taylor Huhn in my office for his work with Ms. BORDALLO and the members of tleman from California, as well as the to bring this bill to fruition. the Natural Resources Committee. It gentlewoman from Guam. To hear my I thank them for their years of dedi- truly does work in a bipartisan man- community talked about so positively cation, for raising the historic site to ner, most of the time. And it is no co- here on the floor of the House is a my attention, and for educating me on incidence that, most of the time, it is source of pride for me and the many its importance to community, State, productive work. who have worked so many years to and the Nation. Mr. Speaker, I urge adoption of the have this moment come to fruition. Today, we have an opportunity to measure, and I yield back the balance Today, the House of Representatives bring meaningful Federal support to of my time. has the opportunity to grant long over- the folks who have dedicated their The SPEAKER pro tempore. The due recognition to a historical site in lives to Quindaro. The national com- question is on the motion offered by Kansas City, Kansas, that has its roots memorative site designation will be a the gentleman from California (Mr. in our Nation’s struggle for freedom crucial step toward spreading the story MCCLINTOCK) that the House suspend and equality. of Quindaro beyond the city limits of the rules and pass the bill, H.R. 5613, as H.R. 5613, the Quindaro Townsite Na- Kansas City to people around the Na- amended. tional Commemorative Site Act, is my tion and will hopefully lead to their The question was taken; and (two- bill to confer an important new des- goal of becoming a national historic thirds being in the affirmative) the ignation to a historic site that has landmark. rules were suspended and the bill, as been, unfortunately, overlooked on the Quindaro’s legacy of people who were amended, was passed. Federal level for too long. By passing willing to lay down their lives in the The title of the bill was amended so this legislation, we can take an impor- name of freedom is the legacy of Amer- as to read: ‘‘A bill to designate the tant step toward preserving our herit- ica. By preserving what remains of this Quindaro Townsite in Kansas City, age and learning from our past. town, we take a small but meaningful Kansas, as a National Commemorative The story of Quindaro is rooted in step toward preserving every good and Site.’’. the same ideals and principles that noble thing that our great Nation A motion to reconsider was laid on helped build our Nation and make it stands for. the table. great today. At one time, Quindaro was I urge my colleagues to join me in f a boomtown, a central location in the supporting our national heritage and RECESS Bleeding Kansas conflict, a stop on the pass this valuable legislation. The SPEAKER pro tempore. Pursu- Underground Railroad, and a shining Ms. BORDALLO. Mr. Speaker, I wish ant to clause 12(a) of rule I, the Chair example of integrated society in our to mention that I have enjoyed work- declares the House in recess until ap- country. ing with Mr. MCCLINTOCK of California proximately 6:30 p.m. today. At its height in the years leading up on these Natural Resources bills. It Accordingly (at 5 o’clock and 55 min- to the Civil War, Quindaro was a bea- was a joy to have bipartisanship. utes p.m.), the House stood in recess. con of hope on the border between Kan- Mr. Speaker, I have no further speak- sas and Missouri, directly on the front ers, and I yield back the balance of my f lines of the fight against slavery. The time. b 1830 town was founded by Free Soilers for Mr. MCCLINTOCK. Mr. Speaker, I AFTER RECESS the stated purpose of shepherding anti- thank the gentlewoman for her kind slavery activists and escaped slaves comments. The recess having expired, the House into Kansas. For many, Quindaro was a Mr. Speaker, I yield such time as he was called to order by the Speaker pro gateway that led from oppression into may consume to the gentleman from tempore (Mr. FRANCIS ROONEY of Flor- ida) at 6 o’clock and 30 minutes p.m. freedom. Kansas (Mr. ESTES). In 1861, the question of slavery in Mr. ESTES of Kansas. Mr. Speaker, I f Kansas was finally decided, and our rise today in support of H.R. 5613, to ANNOUNCEMENT BY THE SPEAKER great State was accepted into the designate the Quindaro Townsite in PRO TEMPORE Union as a free State. With its purpose Kansas City, Kansas, a national com- The SPEAKER pro tempore. Pursu- having been served, the town of memorative site. ant to clause 8 of rule XX, proceedings Quindaro was founded in 1857 to pro- Quindaro soon faded away. However, will resume on motions to suspend the vide a safe haven for antislavery activ- families of freed slaves settled in the rules previously postponed. area, establishing the roots of a com- ists moving into Kansas during the Votes will be taken in the following munity that continues to this very struggle to help make the territory a order: day. free State. Located on the banks of the H.R. 2345, by the yeas and nays; and This confluence of history, with Missouri River, the site quickly be- H.R. 4881, by the yeas and nays. Bleeding Kansas, the Underground came a vital port and a stop on the Un- The first electronic vote will be con- Railroad, and an enduring African derground Railroad. Although the town ducted as a 15-minute vote. The second American community, is a unique com- dwindled after Kansas became a State, electronic vote will be conducted as a bination that is rare in our country. Quindaro’s short but rich history is an 5-minute vote. In spite of Quindaro’s notable his- important reminder of Kansas’ role in f tory, today, the ruins of the town sit our Nation’s history. largely overlooked by those outside of Currently, the site sits on the Na- NATIONAL SUICIDE HOTLINE the nearby community. The first men- tional Register of Historic Places. IMPROVEMENT ACT OF 2018 tion of an effort to preserve this his- However, designating Quindaro a na- The SPEAKER pro tempore. The un- toric site is found in a local newspaper tional commemorative site would qual- finished business is the vote on the mo- more than 90 years ago. Unfortunately, ify the downtown for additional Fed- tion to suspend the rules and pass the nine decades have passed without much eral assistance as Quindaro pursues the bill (H.R. 2345) to require the Federal significant investment in the site. ultimate goal of being a national his- Communications Commission to study Local stakeholders have worked hard toric landmark. the feasibility of designating a simple, to protect the site and preserve its sto- H.R. 5613 is a great step forward in easy-to-remember dialing code to be ries. I thank those who worked to ele- that process and will help preserve an used for a national suicide prevention vate Quindaro. There are many who de- important piece of Kansas and Amer- and mental health crisis hotline sys- serve recognition for that work, but I ican history. I am proud to cosponsor tem, as amended, on which the yeas would especially like to thank Marvin this bill, and I thank Representative and nays were ordered.

VerDate Sep 11 2014 04:51 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.074 H23JYPT1 dlhill on DSK3GLQ082PROD with HOUSE H6632 CONGRESSIONAL RECORD — HOUSE July 23, 2018 The Clerk read the title of the bill. Nadler Rosen Suozzi the gentleman from New Jersey (Mr. Napolitano Roskam Swalwell (CA) The SPEAKER pro tempore. The Neal Ross Takano LANCE) that the House suspend the question is on the motion offered by Newhouse Rothfus Taylor rules and pass the bill, as amended. the gentleman from New Jersey (Mr. Nolan Rouzer Tenney This is a 5-minute vote. Norcross Roybal-Allard Thompson (CA) LANCE) that the House suspend the Norman Royce (CA) Thompson (PA) The vote was taken by electronic de- rules and pass the bill, as amended. Nunes Ruiz Thornberry vice, and there were—yeas 378, nays 4, The vote was taken by electronic de- O’Halleran Ruppersberger Tipton not voting 46, as follows: O’Rourke Rush Titus vice, and there were—yeas 379, nays 1, Olson Rutherford Tonko [Roll No. 367] not voting 48, as follows: Palazzo Sa´ nchez Torres YEAS—378 Pallone Sanford Trott [Roll No. 366] Palmer Sarbanes Upton Abraham DeLauro Jones Adams DelBene Jordan YEAS—379 Panetta Scalise Valadao Pascrell Schakowsky Vargas Aderholt Demings Joyce (OH) Abraham DeFazio Johnson (GA) Paulsen Schiff Veasey Aguilar Denham Kaptur Adams DeGette Johnson (LA) Payne Schneider Vela´ zquez Allen DeSantis Katko Aderholt Delaney Johnson (OH) Pearce Schrader Visclosky Amodei DeSaulnier Keating Aguilar DeLauro Johnson, E. B. Pelosi Schweikert Wagner Babin DesJarlais Kelly (IL) Allen DelBene Johnson, Sam Perry Scott (VA) Walberg Bacon Deutch Kelly (MS) Amodei Demings Jones Peters Scott, Austin Walden Banks (IN) Diaz-Balart Kelly (PA) Babin Denham Jordan Peterson Scott, David Walker Barr Dingell Kennedy Bacon DeSantis Joyce (OH) Pingree Sensenbrenner Walorski Barraga´ n Doggett Khanna Banks (IN) DeSaulnier Kaptur Poe (TX) Serrano Walters, Mimi Bass Donovan Kihuen Barr DesJarlais Katko Poliquin Sessions Wasserman Beatty Doyle, Michael Kildee Barraga´ n Deutch Keating Polis Sewell (AL) Schultz Bera F. Kilmer Bass Diaz-Balart Kelly (IL) Posey Shea-Porter Waters, Maxine Bergman Duffy Kind Beatty Dingell Kelly (MS) Price (NC) Sherman Watson Coleman Beyer Duncan (SC) King (NY) Bera Doggett Kelly (PA) Quigley Shimkus Weber (TX) Bilirakis Dunn Kinzinger Bergman Donovan Kennedy Raskin Shuster Welch Bishop (GA) Emmer Knight Beyer Doyle, Michael Khanna Ratcliffe Simpson Wenstrup Bishop (MI) Engel Krishnamoorthi Biggs F. Kihuen Reed Sinema Westerman Bishop (UT) Eshoo Kuster (NH) Bilirakis Duffy Kildee Reichert Sires Williams Blum Espaillat Labrador Bishop (GA) Duncan (SC) Kilmer Renacci Smith (MO) Wilson (SC) Blunt Rochester Estes (KS) LaHood Bishop (MI) Dunn Kind Rice (NY) Smith (NE) Wittman Bonamici Esty (CT) LaMalfa Bishop (UT) Emmer King (NY) Rice (SC) Smith (NJ) Womack Bost Evans Lamb Blum Engel Kinzinger Richmond Smith (TX) Woodall Boyle, Brendan Faso Lamborn Blunt Rochester Eshoo Knight Roe (TN) Smith (WA) Yarmuth F. Ferguson Lance Bost Espaillat Krishnamoorthi Rogers (AL) Smucker Yoder Brady (TX) Fitzpatrick Larsen (WA) Boyle, Brendan Estes (KS) Kuster (NH) Rogers (KY) Soto Yoho Brat Fleischmann Larson (CT) F. Esty (CT) Labrador Rokita Stefanik Young (AK) Brooks (AL) Flores Latta Brady (TX) Evans LaHood Rooney, Francis Stewart Young (IA) Brooks (IN) Fortenberry Lawrence Brat Faso LaMalfa Ros-Lehtinen Stivers Zeldin Brown (MD) Foster Lawson (FL) Brooks (AL) Ferguson Lamb Brownley (CA) Foxx Lee Brooks (IN) Fitzpatrick Lamborn NAYS—1 Buck Frankel (FL) Lesko Brown (MD) Fleischmann Lance Amash Bucshon Frelinghuysen Levin Brownley (CA) Flores Larsen (WA) Budd Fudge Lewis (GA) Buck Fortenberry Larson (CT) NOT VOTING—48 Burgess Gabbard Lewis (MN) Bucshon Foster Latta Bustos Gaetz Lieu, Ted Arrington Gutie´rrez Pittenger Budd Foxx Lawrence Byrne Gallagher LoBiondo Barletta Hanabusa Burgess Frankel (FL) Lawson (FL) Pocan Calvert Gallego Loebsack Barton Herrera Beutler Bustos Frelinghuysen Lee Roby Capuano Garamendi Lofgren Black Hunter Byrne Fudge Lesko Rohrabacher Carbajal Garrett Long Blackburn Issa Calvert Gabbard Levin Rooney, Thomas Ca´ rdenas Gianforte Loudermilk Blumenauer Jayapal Capuano Gaetz Lewis (GA) J. Carson (IN) Gibbs Love Bonamici King (IA) Carbajal Gallagher Lewis (MN) Russell Carter (GA) Gohmert Lowenthal Brady (PA) Kustoff (TN) Ca´ rdenas Gallego Lieu, Ted Ryan (OH) Carter (TX) Gomez Lowey Buchanan Langevin Carson (IN) Garamendi LoBiondo Speier Cartwright Gonzalez (TX) Lucas Butterfield Lipinski Carter (GA) Garrett Loebsack Thompson (MS) Castor (FL) Goodlatte Luetkemeyer Clarke (NY) Maloney, Carter (TX) Gianforte Lofgren Tsongas Castro (TX) Gosar Lujan Grisham, Cummings Carolyn B. Cartwright Gibbs Long Chabot Gottheimer M. Duncan (TN) Maloney, Sean Turner Castor (FL) Gohmert Loudermilk Cheney Gowdy Luja´ n, Ben Ray Ellison McHenry Vela Castro (TX) Gomez Love Chu, Judy Granger Lynch Graves (LA) Moore Walz Chabot Gonzalez (TX) Lowenthal Cicilline Graves (GA) MacArthur Graves (MO) Noem Webster (FL) Cheney Goodlatte Lowey Clark (MA) Green, Al Marchant Grijalva Perlmutter Wilson (FL) Chu, Judy Gosar Lucas Clay Green, Gene Marino Cicilline Gottheimer Luetkemeyer 1853 Cleaver Griffith Marshall Clark (MA) Gowdy Lujan Grisham, b Cloud Grothman Mast Clay Granger M. So (two-thirds being in the affirma- Clyburn Guthrie Matsui Cleaver Graves (GA) Luja´ n, Ben Ray tive) the rules were suspended and the Coffman Handel McCarthy Cloud Green, Al Lynch Cohen Harper McCaul Clyburn Green, Gene MacArthur bill, as amended, was passed. Cole Harris McClintock Coffman Griffith Marchant The result of the vote was announced Collins (GA) Hartzler McCollum Cohen Grothman Marino as above recorded. Collins (NY) Hastings McEachin Cole Guthrie Marshall Comer Heck McGovern Collins (GA) Handel Massie A motion to reconsider was laid on Comstock Hensarling McKinley Collins (NY) Harper Mast the table. Conaway Herrera Beutler McMorris Comer Harris Matsui Connolly Hice, Jody B. Rodgers Comstock Hartzler McCarthy f Cook Higgins (LA) McNerney Conaway Hastings McCaul Cooper Higgins (NY) McSally Connolly Heck McClintock PRECISION AGRICULTURE Correa Hill Meadows Cook Hensarling McCollum CONNECTIVITY ACT OF 2018 Costa Himes Meeks Cooper Hice, Jody B. McEachin Costello (PA) Holding Meng Correa Higgins (LA) McGovern The SPEAKER pro tempore (Mr. Courtney Hollingsworth Messer Costa Higgins (NY) McKinley FERGUSON). The unfinished business is Cramer Hoyer Mitchell Costello (PA) Hill McMorris the vote on the motion to suspend the Crawford Hudson Moolenaar Courtney Himes Rodgers rules and pass the bill (H.R. 4881) to re- Crist Huffman Mooney (WV) Cramer Holding McNerney Crowley Huizenga Moulton Crawford Hollingsworth McSally quire the Federal Communications Cuellar Hultgren Mullin Crist Hoyer Meadows Commission to establish a task force Culberson Hurd Murphy (FL) Crowley Hudson Meeks for meeting the connectivity and tech- Curbelo (FL) Jackson Lee Nadler Cuellar Huffman Meng Curtis Jeffries Napolitano Culberson Huizenga Messer nology needs of precision agriculture in Davidson Jenkins (KS) Neal Curbelo (FL) Hultgren Mitchell the United States, as amended, on Davis (CA) Jenkins (WV) Newhouse Curtis Hurd Moolenaar which the yeas and nays were ordered. Davis, Danny Johnson (GA) Nolan Davidson Jackson Lee Mooney (WV) The Clerk read the title of the bill. Davis, Rodney Johnson (LA) Norcross Davis (CA) Jeffries Moulton DeFazio Johnson (OH) Norman Davis, Danny Jenkins (KS) Mullin The SPEAKER pro tempore. The DeGette Johnson, E. B. Nunes Davis, Rodney Jenkins (WV) Murphy (FL) question is on the motion offered by Delaney Johnson, Sam O’Halleran

VerDate Sep 11 2014 04:51 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.077 H23JYPT1 dlhill on DSK3GLQ082PROD with HOUSE July 23, 2018 CONGRESSIONAL RECORD — HOUSE H6633 O’Rourke Ruiz Tenney ‘‘Yes’’ on rollcall No. 366. REMOVAL OF NAME OF MEMBER Olson Ruppersberger Thompson (CA) AS COSPONSOR OF H.R. 2069 Palazzo Rush Thompson (PA) ‘‘Yes’’ on rollcall No. 367. Pallone Russell Thornberry f Mr. DANNY K. DAVIS of Illinois. Mr. Palmer Rutherford Tipton Panetta Sa´ nchez Speaker, I ask unanimous consent that Titus REPORT ON RESOLUTION PRO- Pascrell Sarbanes Tonko my name be removed as a cosponsor of Paulsen Scalise Torres VIDING FOR CONSIDERATION OF H.R. 2069. Payne Schakowsky Trott H.R. 184, PROTECT MEDICAL IN- The SPEAKER pro tempore. Is there Pearce Schiff Upton Pelosi Schneider NOVATION ACT OF 2017, AND objection to the request of the gen- Valadao PROVIDING FOR CONSIDERATION Peters Schrader Vargas tleman from Illinois? Peterson Schweikert Veasey OF H.R. 6311, INCREASING AC- There was no objection. Pingree Scott (VA) Visclosky CESS TO LOWER PREMIUM f Poe (TX) Scott, Austin Wagner Poliquin Scott, David PLANS AND EXPANDING HEALTH Walberg Polis Sensenbrenner SAVINGS ACCOUNTS ACT OF 2018 REMOVAL OF NAME OF MEMBER Walden Posey Serrano Walker AS COSPONSOR OF H.R. 2069 Price (NC) Sessions Mr. BURGESS, from the Committee Walorski Quigley Sewell (AL) on Rules, submitted a privileged report Mr. KILDEE. Mr. Speaker, I ask Walters, Mimi Raskin Shea-Porter unanimous consent that my name be Wasserman (Rept. No. 115–860) on the resolution (H. Ratcliffe Sherman removed as a cosponsor of H.R. 2069. Reed Shimkus Schultz Res. 1011) providing for consideration Reichert Shuster Waters, Maxine of the bill (H.R. 184) to amend the In- The SPEAKER pro tempore. Is there Renacci Simpson Watson Coleman ternal Revenue Code of 1986 to repeal objection to the request of the gen- Rice (NY) Sinema Weber (TX) tleman from Michigan? Webster (FL) the excise tax on medical devices, and Rice (SC) Sires There was no objection. Richmond Smith (MO) Welch providing for consideration of the bill Roe (TN) Smith (NE) Wenstrup (H.R. 6311) to amend the Internal Rev- f Rogers (AL) Smith (NJ) Westerman enue Code of 1986 and the Patient Pro- Rogers (KY) Smith (TX) Williams REMOVAL OF NAME OF MEMBER tection and Affordable Care Act to Rokita Smith (WA) Wilson (SC) AS COSPONSOR OF H.R. 2069 Rooney, Francis Smucker Wittman modify the definition of qualified Ros-Lehtinen Soto Womack health plan for purposes of the health Mrs. DINGELL. Mr. Speaker, I ask Rosen Stefanik Woodall insurance premium tax credit and to unanimous consent to remove myself Roskam Stewart Yarmuth Ross Stivers Yoder allow individuals purchasing health in- as a cosponsor of H.R. 2069. Rothfus Suozzi Yoho surance in the individual market to The SPEAKER pro tempore. Is there Rouzer Swalwell (CA) Young (AK) purchase a lower premium copper plan, objection to the request of the gentle- Roybal-Allard Takano Young (IA) woman from Michigan? Royce (CA) Taylor Zeldin which was referred to the House Cal- endar and ordered to be printed. There was no objection. NAYS—4 f Amash Massie f Biggs Sanford REMOVAL OF NAME OF MEMBER REPORT ON RESOLUTION PRO- AS COSPONSOR OF H.R. 2069 NOT VOTING—46 VIDING FOR CONSIDERATION OF Arrington Gutie´rrez Perry H.R. 6199, RESTORING ACCESS TO Ms. NORTON. Mr. Speaker, I ask Barletta Hanabusa Pittenger unanimous consent to remove myself Barton Hunter Pocan MEDICATION ACT OF 2018, AND Black Issa Roby PROVIDING FOR PROCEEDINGS as a cosponsor of H.R. 2069, the Fos- Blackburn Jayapal Rohrabacher DURING THE PERIOD FROM JULY tering Stable Housing Opportunities Blumenauer King (IA) Rooney, Thomas Act of 2017. Brady (PA) Kustoff (TN) J. 27, 2018, THROUGH SEPTEMBER 3, Buchanan Langevin Ryan (OH) 2018 The SPEAKER pro tempore. Is there objection to the request of the gentle- Butterfield Lipinski Speier Mr. BURGESS, from the Committee Clarke (NY) Maloney, Thompson (MS) woman from the District of Columbia? Cummings Carolyn B. Tsongas on Rules, submitted a privileged report There was no objection. Duncan (TN) Maloney, Sean Turner (Rept. No. 115–861) on the resolution (H. Ellison McHenry Vela Res. 1012) providing for consideration f Graves (LA) Moore Vela´ zquez Graves (MO) Noem Walz of the bill (H.R. 6199) to amend the In- REMOVAL OF NAME OF MEMBER Grijalva Perlmutter Wilson (FL) ternal Revenue Code of 1986 to include AS COSPONSOR OF H.R. 2069 certain over-the-counter medical prod- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Mr. LOWENTHAL. Mr. Speaker, I ucts as qualified medical expenses, and The SPEAKER pro tempore (during ask unanimous consent to withdraw as providing for proceedings during the the vote). There are 2 minutes remain- a cosponsor of H.R. 2069. period from July 27, 2018, through Sep- ing. The SPEAKER pro tempore. Is there tember 3, 2018, which was referred to objection to the request of the gen- b 1901 the House Calendar and ordered to be tleman from California? So (two-thirds being in the affirma- printed. tive) the rules were suspended and the There was no objection. bill, as amended, was passed. f f The result of the vote was announced REPORT ON H.R. 6470, DEPART- CUBAN HEROES OF THE ISRAEL as above recorded. MENTS OF LABOR, HEALTH AND WAR The title of the bill was amended so HUMAN SERVICES, AND EDU- as to read: ‘‘A bill to require the Fed- (Ms. ROS-LEHTINEN asked and was CATION, AND RELATED AGEN- eral Communications Commission to given permission to address the House CIES APPROPRIATIONS ACT, 2019 establish a task force for reviewing the for 1 minute and to revise and extend connectivity and technology needs of Mr. COLE, from the Committee on her remarks.) precision agriculture in the United Appropriations, submitted a privileged Ms. ROS-LEHTINEN. Mr. Speaker, in States.’’. report (Rept. No. 115–862) on the bill the seven decades since its independ- A motion to reconsider was laid on (H.R. 6470) making appropriations for ence, Israel has become a shining light the table. the Departments of Labor, Health and in an otherwise dark region filled with Stated for: Human Services, and Education, and human rights abusers all around her. Mr. PERRY. Mr. Speaker, I was unavoidably related agencies for the fiscal year end- That would not have been possible detained. Had I been present, I would have ing September 30, 2019, and for other were it not for those who fought for voted ‘‘yea’’ on rollcall No. 367. purposes, which was referred to the their ancestral country, but also for PERSONAL EXPLANATION Union Calendar and ordered to be our shared values of freedom and de- Mr. KING of Iowa. Mr. Speaker, I was un- printed. mocracy. able to vote on July 23, 2018, for travel re- The SPEAKER pro tempore. Pursu- In fact, over 4,000 foreign individuals, strictions due to inclement weather. Had I ant to clause 1, rule XXI, all points of Jews and non-Jews, from 58 countries been present, I would have voted as follows: order are reserved on the bill. volunteered to fight in 1948 alongside

VerDate Sep 11 2014 04:51 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JY7.030 H23JYPT1 dlhill on DSK3GLQ082PROD with HOUSE H6634 CONGRESSIONAL RECORD — HOUSE July 23, 2018 the Israeli forces. Machal, volunteers A mom in the audience said she is treatment, but passed away from his from outside the country, they are using her bonus as spare cash for when injuries. called. she sends her children off to college His regiment commander described Amongst these mighty warriors, 23 this year. As any parent of a college him as always leading from the front Cuban Jews bravely answered the call student knows, the expenses add up and and being a national treasure who led to arms and left Cuba to come to every dollar makes a difference. his Rangers with passion, confidence, Israel’s aid and secure her independ- The President also invited a young and an infectiously positive attitude. ence. man to the stage to speak. He wants to A husband and father, I will keep This Sunday, the Inter-American start a family, and said that this Sergeant Celiz’s family in my thoughts Chapter of Hadassah in my congres- money will go towards a home to raise and prayers. sional district is honoring these coura- his children. Because of Sergeant Celiz’s service geous Cuban heroes, particularly the While the recent law is an enormous and bravery, he has been awarded the four remaining survivors. step forward, we must and will con- Purple Heart, the Bronze Star, and the Mr. Speaker, the sacrifice and her- tinue to move forward to implement Meritorious Service Medal. oism of Cuban Jews during the Israeli smart policies that give Americans the f 1948 War of Independence will never be freedom to compete, innovate, and forgotten by us. seize the opportunity to carve out a CARTER PAGE FISA WARRANT f better future for themselves and their (Mr. KRISHNAMOORTHI asked and families. CALLING ATTENTION TO CHILD was given permission to address the DETENTION RULES f House for 1 minute and to revise and THREE IMPORTANT ITEMS extend his remarks.) (Mr. PAYNE asked and was given Mr. KRISHNAMOORTHI. Mr. Speak- permission to address the House for 1 (Ms. JACKSON LEE asked and was er, the release of the Carter Page FISA minute and to revise and extend his re- given permission to address the House warrant makes it clear that the FBI marks.) for 1 minute.) was right to examine the connections Mr. PAYNE. Mr. Speaker, it is still Ms. JACKSON LEE. Mr. Speaker, between Page and the Trump campaign going on. The Trump administration is there are three items that I think are as well as their communications with still holding thousands of little chil- important for our colleagues. Russian sources. dren in jails across this country in A number of Members traveled to These warrants cast serious doubt on cages, cyclone fencing, cages. Texas to physically assess where we the credibility of the so-called Nunes These are babies and toddlers, pre- were in the reunification of these chil- memo, which is demonstrably inac- schoolers and adolescents. Their only dren and their families. Let me just curate. crime is their desire to breathe free. say that those who are tasked with try- Earlier today, the President’s press And just when you think the pit of ing to do this dastardly, difficult task secretary announced that the adminis- the Trump administration’s soul could are putting their best foot forward, but tration was considering stripping top get no darker, heartbreaking reports they are dealing with a policy that is level former national security officials emerge from inside these so-called de- broken and chaotic. I witnessed the at- of their security clearances on the tention facilities. tempt to reunify families. There were grounds that they, ‘‘politicized public These children are prohibited from about 20 children in the room, and we service.’’ touching one another. No hugs, not witnessed four reunifications, and each I would question whether any use of even from their siblings. They can’t of us would have our heart broken, be- intelligence could be more political run around. They have to wake up at cause children are still in shock, some than writing a misleading document, unreasonably early hours, with their didn’t recognize their parents. I believe namely the Nunes memo, to jailers banging and making noise as if that this is a chaotic system that this unjustifiably malign the integrity and it is Alcatraz, for everyone to get out administration must fix immediately. competence of the FBI in order to of bed. I also want to bring to the attention shield the President. Some of these children only get 1 of my colleagues about the Medicare It is clear that congressional Repub- hour to play outside a day. They are payments to doctors, unequal pay- licans are attempting to delegitimize being held in strip malls and aban- ments. I am absolutely opposed. Give the FBI and, through it, Special Coun- doned motels. doctors a fair assessment of their sel Robert Mueller’s ongoing investiga- Some are banned from sending mail treatment. tion. to their siblings. Others have scrubbed And, finally, do we realize, Mr. We must protect the independence toilets or handled bags of unsanitary Speaker, that those immigrants who and integrity of this investigation, and used toilet paper. joined the military are now being I urge Speaker RYAN and the House Mr. Speaker, these so-called deten- kicked out? Do we have any heart? leadership to do so immediately. tion facilities are nothing more than They have sacrificed their lives to wear jails for children, baby jails. Let’s end the uniform. We need to stand up f this madness. against it, Mr. Speaker. b 1915 f f AMERICAN TAXPAYERS HAVE THE BENEFITS OF TAX REFORM HONORING SERGEANT FIRST MORE MONEY IN THEIR POCKETS (Mr. WENSTRUP asked and was CLASS CHRISTOPHER CELIZ (Mr. HUDSON asked and was given given permission to address the House (Mr. CARTER of Georgia asked and permission to address the House for 1 for 1 minute and to revise and extend was given permission to address the minute and to revise and extend his re- his remarks.) House for 1 minute and to revise and marks.) Mr. WENSTRUP. Mr. Speaker, I rise extend his remarks.) Mr. HUDSON. Mr. Speaker, America today to share the benefits of tax re- Mr. CARTER of Georgia. Mr. Speak- has always been the land of oppor- form. er, I rise today to remember the life of tunity, but I am hearing, as I travel Earlier this year, President Trump Sergeant First Class Christopher Celiz, my district, a renewed sense of opti- visited the Sheffer Corporation, a who passed away in the line of duty at mism that is exciting. Our economy is small manufacturing company in my the age of 32. stronger. Families have more money in district that pledged $1,000 bonuses to Sergeant Celiz was assigned to Hun- their paychecks. Workers are seeing all 126 of its employees as a result of ter Army Airfield in the First Congres- bonuses and better wages. Unemploy- the Tax Cuts and Jobs Act. sional District of Georgia. ment is at historic lows. Job openings During the President’s visit to Cin- On July 12, he was struck by enemy are at historic highs, and confidence is cinnati, he invited Sheffer employees small arms fire during a combat oper- soaring. on stage to talk about their plans for ation in Afghanistan. Sergeant Celiz As a direct result of our tax cuts, their new bonuses. was immediately taken for medical about 90 percent of our workers are

VerDate Sep 11 2014 04:51 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.082 H23JYPT1 dlhill on DSK3GLQ082PROD with HOUSE July 23, 2018 CONGRESSIONAL RECORD — HOUSE H6635 keeping more of what they make. The country to connect with Members of in the United States. Sexual assault is average tax cut this year in my district Congress and share their personal expe- a crime that tries to steal the dignity, was over $900. Like a constituent who riences with Alzheimer’s disease. self-respect, and humanity of the vic- commented on my Facebook wall put Alzheimer’s is the sixth leading cause tim. it: ‘‘Any time that the American tax- of death in the United States, and it Mr. Speaker, the 12th Woman has payer has more money in their pocket, has reached crisis proportions. There is something to say about that. They it’s a good thing.’’ Mr. Speaker, I no effective treatment, no means of came to Congress and publicly told couldn’t agree more. prevention, and no method of slowing their heartbreaking stories on the Businesses and workers are seeing the progression of this disease. Sadly, steps of our Capitol, demanding change tremendous benefits, too. With the tax one in three seniors will die with the not only at their own school, Texas savings, businesses all across the coun- disease. A&M, but nationwide. These ladies are try are expanding and hiring more peo- According to the Centers for Disease determined not only to be survivors, ple. In my district, a local brewery can Control and Prevention, 5 million but victors over their assault. now purchase new equipment and raise Americans were living with Alz- Mr. Speaker, my grandmother taught wages. A local manufacturer told me heimer’s disease in the year 2013. That me that there is no stopping a bold, te- she plans to expand operations and number is expected to almost triple to nacious, Texas woman who has made bring on new employees. 14 million by the year 2050. up her mind. Working with the Trump administra- Mr. Speaker, Alzheimer’s not only Abbie, Meghan, Sydney, Kirsten, and tion, I will continue to work to build has a devastating impact on those who Nikki have made up their minds with on this progress so that more people are diagnosed with the disease, but also unwavering resolve that sexual assault can achieve their American Dream. their caregivers and loved ones. My on campus will stop. f own mom, Mary Thompson, lived with And that is just the way it is. Alzheimer’s for 10 years until it took f HONORING THE LIFE OF WILLIAM her life. PUTIN’S DANGEROUS ACTIONS ‘‘BILL’’ WOLFE, JR. Mr. Speaker, I thank Christie and all (Mr. KIHUEN asked and was given of the Alzheimer’s ambassadors for the (Ms. KAPTUR asked and was given permission to address the House for 1 important work that they do to raise permission to address the House for 1 minute and to revise and extend his re- awareness about Alzheimer’s disease minute and to revise and extend her remarks.) and to never stop searching for a cure. marks.) Ms. KAPTUR. Mr. Speaker, like a Mr. KIHUEN. Mr. Speaker, today I f rise to remember the life of William bull in a china shop, President Trump ‘‘Bill’’ Wolfe, Jr. Bill attended the RECOGNIZING JOCELYN DORSEY bulldozed his way through the NATO Route 91 festival in Las Vegas on Octo- (Mr. JOHNSON of Georgia asked and summit, offending our allies, and then ber 1. was given permission to address the in Helsinki was shamefully servile to Bill and his wife, Robyn, had two House for 1 minute and to revise and Russia’s autocratic ruler, Vladimir kids together, Ethan and Trevor. Bill extend his remarks.) Putin. Autocrat Putin boasts a long worked as a senior project manager for Mr. JOHNSON of Georgia. Mr. Speak- list of brutal and violent threats to lib- Dewberry Engineers, Inc. er, I rise today to recognize the his- erty here at home and abroad. Bill lived for his community. He en- toric retirement of broadcast pioneer In early 2014, Russian forces illegally joyed being a wrestling coach with the and Atlanta, Georgia, treasure, invaded Ukraine’s Crimea and the Shippensburg Elementary wrestling Jocelyn Dorsey. She is really a na- Donbass region. Thousands have been program and a coach for a Little tional treasure. killed and millions of Ukrainians dis- League team. Jocelyn’s list of achievements and placed. Although he loved coaching, he loved accolades are too long for me to recite On February 27, 2015, Russian free- being outdoors more. Bill enjoyed here, but needless to say, her dom fighter, Boris Nemtsov, was hunting, fishing, boating, camping, groundbreaking 40-plus-year career has gunned down outside the Kremlin’s gardening, and jogging. served as an inspiration to so many, crimson walls. Bill and Robyn had traveled to the and she has been a role model to so In the 2016 election, Russian intel- Route 91 festival to celebrate the 20th many of us, not just African Ameri- ligence services used social media and anniversary of their wedding. Unfortu- cans, but all Americans, all Georgians. cyber attacks to target our democratic nately, they were separated when the So we tip our hats to her and wish elections and those of several of our al- gunfire erupted, and Robyn later found her the best in her retirement. I under- lies. out that Bill did not survive. stand that long-distance motorcycle According to the Committee to Pro- Bill is remembered for being very trips may very well be in her future. tect Journalists, 58 Russian journalists smart and always being willing to help I hope that she will keep us abreast have been brutally murdered since 1992. others. He was passionate about every- of her exploits in the future. We will Mr. Speaker, Russia is ‘‘Murder In- thing he did and was loved by many. miss her but know that she will always corporated’’ under Putin’s abhorrent I would like to extend my condo- be in our hearts, and we will always rule. lences to William ‘‘Bill’’ Wolfe, Jr.’s look forward to hearing about her life I include in the RECORD a long list of family and friends. Please know that as she proceeds on. some of Russia’s brutal, murderous ac- the city of Las Vegas, the State of Ne- So I congratulate Jocelyn Dorsey for tions. vada, and the whole country grieve a job well done. BRUTAL AND UNDEMOCRATIC ACTIONS OF DICTATOR VLADIMIR PUTIN’S RUSSIA with you. f 2000—Putin was supposed to face a second- f THE 12TH WOMAN round runoff in the 2000 presidential election, THANKING ALZHEIMER’S (Mr. POE of Texas asked and was had it not been for widespread fraud. Biased AMBASSADORS given permission to address the House coverage by large media outlets controlled by the Russian state and Kremlin supporters (Mr. THOMPSON of Pennsylvania for 1 minute and to revise and extend can be accredited for this. (Freedom House) asked and was given permission to ad- his remarks.) 2003—Mikhail Khodorkovsky is arrested by dress the House for 1 minute and to re- Mr. POE of Texas. Mr. Speaker, last Russian authorities and charged with fraud. vise and extend his remarks.) week I was joined in the House gallery The trial was criticized for lack of due proc- Mr. THOMPSON of Pennsylvania. by five incredible young women. Each ess. Charges against him were grounded in Mr. Speaker, earlier today I met with of them has their own story of sur- reasonable suspicion. Christie Glick in my Bellefonte office. vival. Each was sexually assaulted 2003—Russia ranked 86 out of 133 countries in Transparency International’s 2003 Corrup- Christie is an Alzheimer’s ambassador while in college. They call themselves tion Perceptions Index. in my district, and through the Alz- the 12th Woman. 2003—Russia saw a significant deteriora- heimer’s Ambassador Program, people Mr. Speaker, one in five women will tion of fundamental rights and the emer- like Christie work throughout the be sexually assaulted while in college gence of an increasingly aggressive foreign

VerDate Sep 11 2014 04:51 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.085 H23JYPT1 dlhill on DSK3GLQ082PROD with HOUSE H6636 CONGRESSIONAL RECORD — HOUSE July 23, 2018 policy, reflecting the consolidation of power of Donald Trump though no votes were minute and to revise and extend his re- by former security and military officers. changed. marks.) Russia’s constitutional court struck down Federal and congressional intelligence Mr. PAULSEN. Mr. Speaker, human key provisions of the law that banned jour- groups that have stated that Russia inter- trafficking hurts women and children nalists from making positive or negative ob- fered in the election: CIA, Office of the Di- servations about candidates or parties. rector of National Intelligence, FBI, NSA, all around the world. Sadly, the United 2006 October 7—Anna Politkovskaya, a Justice Department, House Intelligence States is no exception. journalist who exposed the corruption of the Committee, Senate Intelligence Committee. As many as 300,000 American children Russian army and its conduct in Chechnya, 2017: In December, the Central Election are at risk of child sexual exploitation. was shot and killed in the lobby of her apart- Commission banned opposition leader It is happening in every community ment. Aleksey Navalny from challenging Putin in around the country. Every weekend in 2006—Alexander Litvinenko is poisoned. the 2018 presidential election, removing from Minnesota, as many as 45 Minnesota Litvinenko was a former officer of the Rus- the contest the only credible opposition to girls are sold for sex. sian Federal Security Service (FSB) and have announced a campaign. KGB, who fled from court prosecution in 2017—Russian authorities banned the ac- But there is good news. The Fight Russia and received political asylum in the tivities of the Jehovah’s Witnesses, which Online Sex Trafficking Act, a new law United Kingdom. was deemed an extremist group. which was passed with bipartisan sup- 2008—Russia wages a war against Georgia. 2017: Investigative journalist and Novy port earlier this year to crack down on Today, thousands of Russian troops occupy Peterburg cofounder Nikolay Andrushchenko websites that facilitate trafficking, is Abkhazia and the Tskhinvali region, which died in April, weeks after he was severely making a difference. Backpage.com, constitutes about 20% of Georgia’s inter- beaten, and Dmitriy Popkov, editor of the the single largest online source of sex nationally recognized territory. Russia has investigative online outlet Ton-M, was shot trafficking has now been shut down by never fulfilled its obligations under the Six- to death in May. Point Cease-Fire Agreement (also known as 2017—Workers on stadiums built for the Federal law enforcement. the Sarkozy Plan) that ended the fighting. 2017 FIFA Confederations Cup and 2018 World Mr. Speaker, July 30 marks World 2010: Polish Air Force Tu–154 Crash over Cup reported exploitation, including non- Day against Trafficking in Persons. It Smolensk, Russia. Antoni Macierewicz (Po- provision of contracts, non-payment of is another opportunity to raise aware- land’s defense minister) claims the fatal wages, and retaliation for reporting abuses. ness and also redouble our efforts in crash which killed Poland’s President Lech The Building and Woodworkers International the fight against traffickers and help- Kaczynski, the First Lady and 94 others in trade union reported at least 17 deaths on ing victims. 2010 in Russia was preceded by two explo- stadiums since construction began. sions on board. A previous Polish govern- 2017—By February 2017, the number of peo- f ment concluded that pilot error was to ple imprisoned for extremist speech spiked UPHOLD OUR COMMITMENT TO blame for the crash, but Law and Justice or- to 94, from 54 in 2015. NATO ALLIANCE dered a new investigation which concluded 2017—In the first six months of 2017 alone, this year that the plane was brought down the number of people administratively pun- (Mr. CORREA asked and was given by explosions on board. No international ished by Russian authorities for supposedly permission to address the House for 1 analysis was allowed by Russia. violating the country’s regulations on public minute and to revise and extend his re- 2013—Putin signs law banning gay publica- gatherings was two-and-a-half times higher marks.) tions. ‘‘It officially declares that gays and than throughout 2016. Mr. CORREA. Mr. Speaker, tonight I lesbians are inferior beings,’’ says Elena 2017—Denis Voronenkov, a onetime Com- Klimova, a gay rights activist in Russia who want to discuss the importance of munist member of Russia’s lower house of NATO to our Nation and to Europe. was convicted under the law in 2014. parliament, dies after being shot outside a 2014—Putin illegally invades Ukraine. hotel in Kyiv. President Poroshenko calls In 1949, the United States and 11 More than 10,000 have been killed, and mil- the shooting a ‘‘Russian state terrorist act.’’ other countries created NATO. Today, lions of Ukrainians have been displaced. Voronenkov, who fled to Ukraine in 2016, is 29 countries make up this alliance. 2014—Russia occupies Crimean Peninsula the latest in a string of Putin and Russia’s At the heart of NATO is article 5, and nearly ten thousand Crimean Tatars are critics who were killed or injured under mys- which says that an attack on one ally displaced from their homes. Russia under the terious circumstances. Putin regime has violated UN human rights, is attack on all allies. 2017—Russia interferes in the French elec- On September 12, 2001, for the first and infringements of the Geneva Convention. tion between opponents Emmanuel Macron 2014—Russian forces shoot down Malaysia time ever, article 5 was invoked. 9/11, and Marine Le Pen. The Macron presidential Airlines Flight MH17 over occupied Ukrain- campaign accused the Kremlin of election an attack on America, was an attack ian territory, killing 298 innocent pas- meddling, saying that servers belonging to on all. sengers. Russia attempts to use the team were hacked by a group likely to be Most recently, the country of Monte- disinformation and propaganda to cover up associated with Russia. negro joined the NATO Alliance. And obfuscate the truth of its brutality. 2018—Father and daughter Sergei and 2014—Human rights abuses in Russia are last week, sadly, the President ex- Yulia Skripal are poisoned. British foreign more prevalent than ever. The LGBTQ+ com- pressed doubt that the U.S. should secretary Boris Johnson said on 16 March munity is targeted. Independent media re- come to Montenegro’s defense. This is that it was ‘‘overwhelmingly likely’’ that port that 31 civilians were killed in the first disturbing. the poisoning had been ordered directly by nine months of 2014. Abduction-style deten- Russian president Putin, which marked the The only time article 5 has been in- tions, torture, and enforced disappearances first time the British government accused voked has been for America. When our persisted in the North Caucasus, as did at- Vladimir Putin of personally ordering the Nation was at its most vulnerable tacks against government critics, the report poisoning. point, NATO stepped up and had our says, adding that the situation is particu- 2018: Donald Trump accepts Putin’s lies on larly bad in Dagestan. back. We must uphold our commitment Russian interference in U.S. elections over 2014—Oleg Sentsov, Ukrainian filmmaker, to this critical alliance. statement from U.S. Intelligence Commu- is arrested under charges of running ‘‘ter- f nity: ‘‘My people came to me, Dan Coats rorist organizations’’ in Crimea. 2015—Natalya Sharina, the director of the came to me and some others, they think it’s PERMANENTLY REPEAL MEDICAL Ukrainian Literature Library in Moscow, Russia. I have President Putin, he just said DEVICE EXCISE TAX was put under house arrest in 2015 under the it’s not Russia. I will say this; I don’t see any reason why it would be. I have great con- (Ms. FOXX asked and was given per- charges of inciting ethnic hatred and spread- mission to address the House for 1 ing ‘‘anti-Russian propaganda.’’ fidence in my intelligence people, but I will 2015—Journalist Boris Nemstov is shot and tell you that President Putin was extremely minute.) killed. Nemstov was planning on leading a strong and powerful in his denial today.’’ Ms. FOXX. Mr. Speaker, I rise in sup- rally to protest the war in Ukraine days be- —Trump, Helsinki Conference 2018 port of H.R. 184, the Protect Medical fore his killing. Ms. KAPTUR. Mr. Speaker, I urge Innovation Act. 2016—Russian authorities arrested Roman our President to see Putin for what he Many medical device manufacturers Sushchenko, a Ukrainian journalist with the is: an enemy of liberty, not a compet- in North Carolina’s Fifth District have state news service, Ukrinform, on dubious itor. reported how the medical device excise espionage charges. tax hinders medical innovation, costs 2016—Russia attacks U.S. election. Wis- f jobs, decreases research and develop- consin, Ohio, California and 10 other states HUMAN TRAFFICKING said they were among 21 states that Russian ment, and slows capital expansion. government hackers targeted in an effort to (Mr. PAULSEN asked and was given A fundamentally flawed policy en- sway the 2016 presidential election in favor permission to address the House for 1 acted under ObamaCare, the medical

VerDate Sep 11 2014 04:51 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JY7.035 H23JYPT1 dlhill on DSK3GLQ082PROD with HOUSE July 23, 2018 CONGRESSIONAL RECORD — HOUSE H6637 device excise tax was intended to spare That is why I introduced the Hon- A BETTER WAY AGENDA taxpayers healthcare costs. Instead, it oring Veterans’ Families Act in order The SPEAKER pro tempore. Under burdens those taxpayers, and to correct this problem. Under the leg- the Speaker’s announced policy of Jan- innovators are the backbone of our islation, the VA will have the ability uary 3, 2017, the gentlewoman from economy. to replace the marker of a veteran to California (Mrs. MIMI WALTERS) is rec- According to the Tax Foundation, add an inscription about their spouse ognized for 60 minutes as the designee the medical device tax cost approxi- following the loss of that spouse. of the majority leader. mately 21,800 jobs from 2013 to 2015. Veterans certainly should have the GENERAL LEAVE Furthermore, the tax is hidden from option of including their spouse on consumers at purchase and passed off their own tombstone if they so choose. Mrs. MIMI WALTERS of California. to them in higher prices. This is a bill that, unfortunately, is Mr. Speaker, before I begin, I ask unan- Congress has suspended this tax needed to once again honor our vet- imous consent that all Members may twice before, and as an original cospon- erans and the sacrifices of their fami- have 5 legislative days in which to re- sor of this legislation, I urge my col- lies. Let’s hope we can pass it. vise and extend their remarks and in- leagues to vote for its permanent re- clude extraneous material on the topic peal with the Protect Medical Innova- f of my Special Order. tion Act this week. The SPEAKER pro tempore. Is there THE AMERICAN DREAM IS ALIVE objection to the request of the gentle- f AT TONY’S PIZZA AND GRINDERS woman from California? MARIJUANA DATA COLLECTION (Mr. OLSON asked and was given per- There was no objection. (Ms. GABBARD asked and was given mission to address the House for 1 Mrs. MIMI WALTERS of California. permission to address the House for 1 minute and to revise and extend his re- Mr. Speaker, 2 years ago, House Repub- minute.) marks.) licans made a promise to the American Ms. GABBARD. Mr. Speaker, for dec- Mr. OLSON. Mr. Speaker, the Amer- people that there was a better way for- ades, bad data and misinformation ican Dream is alive and well in Texas- ward under our leadership. Our Better have fueled the failed war on drugs 22. It is alive in the south loop Elling- Way Agenda outlined a pathway to- that has wasted billions of taxpayer ton area, and it is alive and thriving at ward safer communities, a stronger dollars, incarcerating Americans for Tony’s Pizza and Grinders. military, and a robust economy. Since nonviolent marijuana charges. Tony’s is a walking, talking Amer- then, House Republicans have compiled Our outdated marijuana policies have ican Dream. In 1996, the Canolli family a record of results, not rhetoric. turned everyday Americans into crimi- left war-torn Kosovo. They started Thanks to this progress, the American nals, strained our criminal justice sys- their life here in Michigan. But short- people are better off now. tem, cost taxpayers tremendously, and ly, they saw the bright light of the Republicans started by moving bills torn families apart, all for a substance Lone Star State and moved to Texas. that address some of the biggest issues that is proven to be far less harmful That is where they started Tony’s. plaguing cities and towns across the and dangerous than alcohol. The Canollis are special because they country: Our Federal policy should be based care more about others than about We have passed over 50 bills to put an on actual science and fact, not mis- making dollars. Through Hurricane end to the opioid epidemic in our com- placed stigma and outdated myths. Harvey, they gave free food to the munities. However, the fact that marijuana is Southeast Volunteer Fire Department FOSTA, which will dismantle the on- currently classified as a schedule I so they could keep saving lives. line sex trafficking industry, was drug, the same category as heroin and If you want the freshest and the best signed into law. cocaine, restricts and even discourages pizza in America, try the Mrs. Marie’s. We are also keeping our children safe scientific research on marijuana, lim- That is amore. by providing additional funding and re- iting our ability to create science- sources for school safety programs. based policies. f We are rebuilding our military, en- I will be introducing the bipartisan suring our troops have the tools, train- Marijuana Data Collection Act with CELEBRATING LIEUTENANT ing, and equipment they need to carry my colleague Congressman CARLOS TIMOTHY COREY out their missions and keep us safe CURBELO so that we can get studies to (Ms. TENNEY asked and was given both at home and abroad. Our brave set the record straight. Our bill would permission to address the House for 1 men and women in uniform received authorize a nonpartisan evidence-based minute and to revise and extend her re- their largest pay raise in nearly 10 report that analyzes current marijuana marks.) years. policies across the country and their Ms. TENNEY. Mr. Speaker, some- We are keeping our promise to pro- effects on our communities. times we don’t even realize that we are vide our veterans with the care they I urge my colleagues to support this surrounded by heroes. Today I rise to have earned by overhauling the VA and bipartisan legislation. celebrate the courageous actions of a ensuring that they have access to reli- f Yorkville resident, Lieutenant Tim- able, quality care. b 1930 othy Corey from my district. He was The Tax Cuts and Jobs Act has un- recently honored with the New York doubtedly had the most significant MILITARY SPOUSES State Senate Liberty Medal, one of the positive effect on the daily lives of (Mr. LAMALFA asked and was given highest civilian honors in New York Americans. Tax reform has led to un- permission to address the House for 1 State. precedented economic growth across minute.) While on vacation in North Myrtle our Nation. Americans are keeping Mr. LAMALFA. Mr. Speaker, families Beach, Lieutenant Corey discovered a more of their hard-earned paychecks, who are veterans also sacrifice a great young boy stuck in an outdoor pool in- while companies in all 50 States are deal when their loved ones have been take pipe. In an instant, he jumped creating jobs and opportunity for all. deployed and even when they come into the water and rescued the young At home in Orange County, the un- home. Current law, unfortunately, man and for 8 minutes breathed air employment rate has dropped to a near doesn’t allow a spouse to be recognized into the drowning boy, ultimately sav- 20-year low, while pay and benefits con- by the VA-provided grave marker after ing his life. The young boy was re- tinue to rise. Nationally, jobless claims that spouse has passed away. leased from the hospital just 6 days have fallen to their lowest levels since Some veterans in the north State in later. 1969, and economic confidence is soar- my district recognized this issue and The bravery displayed by Lieutenant ing. brought it to my attention. The VA Corey often goes unrecognized, so, Mr. Mr. Speaker, I could go on about the even requested this change in this Speaker, it is my distinct honor to now numerous accomplishments House Re- year’s budget request. The budget re- recognize Lieutenant Timothy Corey publicans have achieved in the last 18 quires a change in law by Congress. as a true hero in our community. months, but the American people don’t

VerDate Sep 11 2014 04:51 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.087 H23JYPT1 dlhill on DSK3GLQ082PROD with HOUSE H6638 CONGRESSIONAL RECORD — HOUSE July 23, 2018 need convincing. They are seeing the tees on Education and the Workforce Mrs. MCMORRIS RODGERS. Mr. results firsthand. Our Nation is, with- and Oversight and Government Re- Speaker, I thank my friend and col- out question, better off now, and we form. VIRGINIA FOXX is the Congress- league for yielding and for hosting us will continue our work to improve the woman who represents North Caro- this evening in a Special Order to talk lives of all Americans. lina’s Fifth District. more about Americans who are better I am proud to introduce my friend Ms. FOXX. Mr. Speaker, I thank Con- off now because of our hard work over and fellow committee member on the gresswoman WALTERS, and I appreciate this Congress. I want to just join in Energy and Commerce Committee, her leading this Special Order tonight sharing why Americans and their fami- Congressman BUDDY CARTER from the to bring to the attention of the Amer- lies are better off, and it is because Re- First District of Georgia. ican people the fact that they are bet- publicans have provided a better way Mr. Speaker, I yield to the gentleman ter off now than they were 2 years ago. and results that work. from Georgia (Mr. CARTER). This is an important message for us to After years of struggling to get Mr. CARTER of Georgia. Mr. Speak- share with the American people. Many ahead, hardworking men and women er, I thank the gentlewoman for yield- of us are doing it individually, but we are now seeing jobs, opportunity, and ing. appreciate the gentlewoman’s leader- confidence come roaring back. This is Mr. Speaker, I rise today to join my ship on this. the comeback story that was made pos- colleagues in discussing how Ameri- Mr. Speaker, 2 years ago, House Re- sible at the beginning through our Bet- cans are better off now. publicans promised to replace our bro- ter Way Agenda. Over the past 2 years, Two years ago, I told the First Dis- ken Tax Code and rein in the runaway we have worked hard to deliver on that trict of Georgia about our Better Way administrative state that stifled our agenda. Agenda, our bold agenda to tackle economy and made it harder for busi- Mr. Speaker, at better.gop, you can some of our Nation’s greatest chal- nesses to create jobs and grow. check out the promises that we have lenges and improve the lives of every- We proposed a better way to grow the kept and why, as a result, America is economy with solutions for hard- day Americans. stronger at home and abroad with a working Americans who were being Now, 2 years later, I am thrilled booming economy, safer communities, chewed up by our system and strug- Americans are experiencing the re- and a revived military. gling to get by. This Congress, we have sults. We have instituted sound, After historic tax reform and our delivered on our promises, and I am progrowth policies, and the economy is work to rein in Obama-era regulations, pleased to say that North Carolinians booming. unemployment is at a historic low, job are better off now. Now people are no longer asking: openings at a record high, paychecks Where are the jobs? Instead, thanks to We passed the most significant tax reform in over 30 years, and everyday are growing, and wages are rising right tax reform, rolling back burdensome along with consumer confidence. regulations, and more, we have more Americans are already reaping the benefits. According to the Tax Founda- In my home State of Washington, the job openings than job seekers. tion, the average increase in take- average wage increase just hit a 10- Just last week, I visited a local busi- year high, and those increases are ben- ness called Game Changers, with loca- home pay for a family of four in the Fifth District is $1,843. I would like to efiting rural communities as well, like tions in Richmond Hill and Savannah. say that again, Mr. Speaker: $1,843. Garfield County. While there, I learned their revenue is Those are hard-earned wages being Garfield County is in my district. It up at both of their locations. They are kept in paychecks and not sent to is the smallest county in the State of hiring new employees at both loca- Washington to finance inefficient gov- Washington, and the average wage in- tions, and they have increased wages ernment bureaucracy. crease has been 8.7 percent in the last and given bonuses to their employees. Speaking of bureaucracy, Mr. Speak- year. It is incredible to hear these stories er, this Congress has also enacted his- Asotin County is another small, rural of how local small businesses and hard- toric regulatory relief, with 16 Congres- county, and they have seen a 6.6 per- working Georgians are thriving again. sional Review Act resolutions becom- cent increase in the last year. For That is not all. As the proud Rep- ing law. Five of those resolutions came other rural counties, unemployment resentative of every branch of the mili- out of the House Committee on Edu- rates are dropping sharply. tary, I have been fighting for our cation and the Workforce, which I Pend Oreille County is in my district. troops, veterans, and military families chair, and I was able to get a sixth en- They have seen a 3.2 percent drop in because they deserve better. Repub- acted that I sponsored that came their unemployment rate. licans have taken historic actions to through another committee. For families and small businesses rebuild our military and fix the VA. We have rolled back some of the most that are no longer overtaxed and over- After years of neglect, we have pro- burdensome Obama-era regulations regulated, they have confidence again vided new investments in training, concocted by Washington bureaucrats that they can achieve a better life and equipment, and personnel to reverse who thought they knew better than reach their full potential. That is what the damage of the last decade. Mem- American farmers and business owners. I am most excited about. I am excited bers of our military put their lives on But Republicans did not agree with about the hope and the optimism that the line for our country, and we are them. it is bringing to people in eastern working to provide the support to en- North Carolina’s economy is evidence Washington and across this country. sure they are the most well-prepared that Republicans’ policies are working b 1945 and well-equipped force on the planet. for the American people. Just compare Finally, we have made major strides the North Carolina Department of It wasn’t that long ago, in 2010, un- to make our communities safer, includ- Commerce’s figures from June of last employment was at 9.9 percent. Our ing fighting the opioid epidemic. The year to this year and you will see that policies have unleashed economic House has passed more than 50 bills our State now stands 100,000 jobs growth. It is now at 4 percent. More combating this crisis that is killing 115 ahead. There is still work to be done, Americans are coming off the sidelines Americans every day. but thanks to tax and regulatory relief, and into the workforce. Just last The list goes on and on. House Re- North Carolinians are better off now. month, there were 600,000 Americans. I publicans are fighting every day for Again, I want to thank Congress- am proud to say that it includes people Americans in Washington to deliver re- woman MIMI WALTERS for leading this with disabilities. sults, not rhetoric. I hear it from small Special Order tonight, Mr. Speaker. As The Washington Post recently re- businesses, big businesses, and citizens Mrs. MIMI WALTERS of California. ported, the jobless rate for workers in the First District all the time. Mr. Speaker, I have the privilege to in- with disabilities has fallen at a faster Americans are truly better off now. troduce the chairwoman of the House rate than the general population. This Mrs. MIMI WALTERS of California. Republican Conference. is great news because Washington Mr. Speaker, I yield to the gentle- Mr. Speaker, I yield to the gentle- State is getting ready to launch our woman from North Carolina (Ms. woman from Washington (Mrs. MCMOR- ABLE accounts. I was proud to lead ef- FOXX), who sits on the House Commit- RIS RODGERS). forts in tax reform to provide a way for

VerDate Sep 11 2014 04:51 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.089 H23JYPT1 dlhill on DSK3GLQ082PROD with HOUSE July 23, 2018 CONGRESSIONAL RECORD — HOUSE H6639 those with disabilities to explore work, Woodbury, Georgia; and Emma Hill tend their remarks and to include ex- get a part-time job or an internship, Manufacturing in LaGrange, Georgia. traneous material on the subject of my and take that money and put it back All of these businesses are making in- Special Order. into their ABLE account. vestments. They are expanding. They The SPEAKER pro tempore (Mr. Today, 50,000 people in my State will are being more productive. Most im- FERGUSON). Is there objection to the re- be eligible for ABLE accounts. It will portantly, they are hiring more people, quest of the gentleman from Pennsyl- help them find a job that gives them and they are investing in their people vania? independence, dignity, and purpose. We with higher wages and better training. There was no objection. all recognize that a job is a foundation Families are doing better throughout Mr. EVANS. Mr. Speaker, I am going for a better life. our district. to do something highly unusual today, A booming economy isn’t the only But these businesses are doing more because my colleague who is here from reason why Americans are better off. than simply investing in their people the District of Columbia knows an We have also made significant invest- and in their businesses. They are in- awful lot about this subject. I have ments to combat the opioid crisis and vesting in their communities. So our watched her; I have observed her. She human trafficking, target dangerous communities are becoming more help- has taught a few classes and a few peo- criminals, and make schools safer. ful. ple on this subject matter, and she is After the Obama administration left All of this is a result of a tax reform an expert. our Armed Forces depleted, we have bill, a better regulatory environment, So I think the best way to start off is made good on promises to revive and and a changing attitude in education with a person who was a former law rebuild our military. In addition to giv- that ensures that people pursue their professor who teaches, who really un- ing our troops the biggest pay increase talents and not just a degree. They are derstands what our Supreme Court in almost a decade, we have provided involved in making sure that they are means as the third element, with the for the largest increase in defense in 15 able to make a living in viable careers legislative and the chief executive. I years. Our troops, including those I for a long period of time. have heard her in Congressional Black have the privilege of representing at It is not just the economy that is Caucus meetings. Fairchild Air Force Base, will now making us more secure. We have in- Mr. Speaker, I yield to the gentle- have additional resources to train, ad- vested heavily in our military, and we woman from the District of Columbia, dress the readiness crisis, and keep have fully funded our men and women Congresswoman ELEANOR HOLMES NOR- America secure. serving this Nation. Most importantly, TON. Madam Speaker, the American peo- when they returned home, we have Ms. NORTON. Mr. Speaker, I very ple don’t want rhetoric. They want re- made the changes in the VA that, over much appreciate the kind words of my sults. After years of slow growth, lack time, will make sure that they have friend from Pennsylvania, and I cer- of confidence, stagnant wages, and a the benefits that they have earned and, tainly appreciate his leadership of this stagnant economy, they asked for a quite candidly, that they deserve. Special Order this evening. It is a sub- better way. I am proud to have been a We have also made investments in ject of immense importance to the part of a group that has proven that we many other areas. Think about what American people, none more so, Mr. can get those results done. By putting we have been able to accomplish with Speaker, than people of color in the people first and focusing on improving human trafficking. We are beginning to United States of America. lives, we have delivered real results take steps to really change how we So I would like to begin this Special and a better way forward. That is why view addiction and the opioid crisis. We Order by speaking about President Americans are better off today. I invite are making progress, and that is mak- Trump’s district and circuit court everyone to learn more at better.gop. ing Americans better. nominees and then about his Supreme Mrs. MIMI WALTERS of California. So it is easy to get caught up in the Court nominee, Brett Kavanaugh, who Madam Speaker, I yield to the gen- news of the moment, to get clouded serves on the Court of Appeals for the tleman from Georgia (Mr. FERGUSON), from the really good things that are District of Columbia. That is the cir- serving on the Committee on the Budg- happening. But we are here to remind cuit of my own home district, the Dis- et, the Committee on Transportation America that things are better now be- trict of Columbia. and Infrastructure, and the Committee cause of the work that we have done in Mr. Speaker, long before I came to on Education and the Workforce, rep- this House of Representatives. the House, I had the distinct honor of resenting the Third District of Georgia. Mrs. MIMI WALTERS of California. arguing and winning a case before the Mr. FERGUSON. Madam Speaker, I Madam Speaker, I yield back the bal- United States Supreme Court. That thank my colleague from California for ance of my time. case was a free speech case where I rep- leading this Special Order. f resented plaintiffs with whom I pro- What a year and half it has been foundly disagreed. As we look at the TRUMP’S LIFELONG LEGACY: since I came to Congress. There have President’s nominees, especially to the STACKING THE COURTS been a lot of positive things that have Supreme Court, one wonders today how gone on, and I think Americans feel The SPEAKER pro tempore (Ms. these nominees would rule. that they are better off now. FOXX). Under the Speaker’s announced Let’s look first at President Trump’s If you listen to the media and the policy of January 3, 2017, the gen- nominees so far to the circuit courts rhetoric, you wouldn’t know it. Every tleman from Pennsylvania (Mr. EVANS) and the district court. This is an amaz- time I travel home and I talk to the is recognized for 60 minutes as the des- ing, unprecedented figure for the 21st folks in the Third District of Georgia, ignee of the minority leader. century. His nominees are 90.1 percent I get this sense of optimism, this re- Mr. EVANS. Madam Speaker, it is white, 2.3 percent African American. ality that they are doing better. Their with great honor that I rise today to Now, one way to look at this is to wages are up. There are more job op- anchor this CBC Special Order hour. I look at another Republican President. portunities. They are doing better. would like to thank the CBC chair, So I said to my staff: Find the racial They feel safer, and they feel more se- Chairman RICHMOND, for his leadership makeup of President Bush’s nominees. cure. in this effort. Remember, African Americans don’t In spite of what you might have For the next 60 minutes, we have an expect a Republican President to offer heard on TV and in the other parts of opportunity to speak directly to the anything like the number of nominees the media, more than 177 bills have American people about issues of great of, for example, President Barack been signed into law in the 115th Con- importance to the Congressional Black Obama, not because he was African gress. That is the most of any Congress Caucus and many of the constituents American, but because he was, after at this point since 2008. The results are we represent. all, a Democrat. That is not the stand- clear: Americans are better off. GENERAL LEAVE ard to which I am holding this Presi- I have heard from small businesses Mr. EVANS. Mr. Speaker, I ask unan- dent. The standard I am holding this like Shred-X in Griffin, Georgia; Cus- imous consent that all Members may President to is, by comparison, to Re- tom Truck and Body Works in have 5 legislative days to revise and ex- publican Presidents.

VerDate Sep 11 2014 04:51 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.091 H23JYPT1 dlhill on DSK3GLQ082PROD with HOUSE H6640 CONGRESSIONAL RECORD — HOUSE July 23, 2018 The lion’s share of President Bush’s You don’t want anybody on the bench I must say that, even his conserv- appointees was also White. I had no who has already shown racial animus. ative colleagues and, I must emphasize, complaint then. I don’t recall the Con- Since the Senate is so closely di- on the D.C. Circuit, which is now a congressional Black Caucus taking to the vided—51 Republicans to 49 Demo- servative circuit with more Republican floor and saying: How come the lion’s crats—they were forced to withdraw judges than Democratic judges, have share of President Bush’s nominees was Ryan Bounds’ nomination. often had to disagree with their col- White, more than 85 percent? I point that out to let you know that league Judge Kavanaugh. He has That reflected his party and his sup- it is not a done deal that Brett achieved a higher number of dissents porters. Kavanaugh will go on the Supreme than any member of the D.C. Circuit But 8.5 percent of President Bush’s Court. That close number is going to Court annually. nominees were African American, com- hold up, we think, not only for Demo- How could that happen? This is a pared to 2.3 percent of Trump’s nomi- crats, but when Senate hearings are conservative court. Who is he dis- nees. So that means that President over, we believe it will be very difficult senting from? He is dissenting from not Bush—and I am looking at the com- even for some of our Republican friends only the Democratic appointees but parable period; I am not looking at his to vote for Judge Kavanaugh. from his own colleagues appointed by overall two terms in office; I am look- Remember, the Senate represents a Republicans. ing at up until now—he had appointed rather broad swath of people, so they Now, of course, the notion of equal three times as many African Ameri- will have to watch out for their own protection has disproportionately pro- cans to the bench. Far more Whites, elections as well. tected minorities and women, so we are Let me give another example of how and I have no complaint about that. very mindful of such decisions, even extreme President Trump’s nominees But the Supreme Court and the Fed- when they don’t directly entail people to the Federal courts can be. Three eral courts have meant everything to of color whom we directly represent. more have had to be withdrawn related African Americans. I do not need to For example, we are concerned that to race. Again, I am going to give you point out that the political bodies, the no Americans be arrested without examples, and you will say nobody House and the Senate, took many probable cause, and if you are a minor- would ever have nominated such people ity in any country, the probability of years to recognize equal protection for to any court in the United States. arrest will be greater than if you are African Americans. It didn’t happen, Last year, the White House was among the majority. indeed, until the courts made it happen forced to withdraw a district court We are concerned about the Afford- in Brown v. Board of Education in 1954, nominee, Brett Talley. What forced his able Care Act, again because of the dis- showing, I think, that the courts are of withdrawal were reports that he had proportionate number of African Amer- immense importance to a group that is defended the first Ku Klux Klan in an icans who are affected. not the majority and must depend upon online post—that is, the first, I sup- I am going to cite some decisions the fairness of the majority and even pose, emergence of the Ku Klux Klan— that show that Judge Kavanaugh can- more so on the courts, which are sup- as recently as in a 2011 posting. not be trusted to uphold what even his posed to play no favorites whatsoever, Jeff Mateer had his nomination with- conservative colleagues have said on only to equal justice under the law. drawn over reports that transgender such issues as these. The President and the Republican children were—and I am quoting him Let us look at arrests without prob- Senate have made the Federal courts a now—part of ‘‘Satan’s plan.’’ able cause. I bring that up because of top priority. I believe they have ap- Now, look, if I were to call out these the churning of relevent issues in our pointed as many as 40 nominees, if I am remarks, you might think that nobody country. A week does not go by that not mistaken. In fact, the Supreme thought of for the Federal bench would there hasn’t been a shooting of an Afri- Court means so much to them, even be who I was talking about, but that is can American by a police officer. This though they already have a majority exactly who we were talking about. issue is among the very top in the Afri- on the Supreme Court with their most That is why the Congressional Black can American community, the concern recent nominee, it means so much to Caucus cannot possibly support Judge about overzealous police officers. them that our Republican friends in Kavanaugh. Kavanaugh has both spoken out and the Senate are wiping out their entire We understand that whatever nomi- written, over and over again, in such a August recess to stay here to try to get nee comes forward is going to be a con- way to indicate that he would weaken Brett Kavanaugh nominated, and there servative nominee. We are not asking probable cause standards that have is a fierce fight underway. for the nominee we would appoint. We stood for the ages—that is how long I am speaking about not only Brett are simply not asking for and will do they have been there—making them, as Kavanaugh, the judge who sits on the all we can to oppose nominees who are he has written, more flexible. D.C. Circuit Court of Appeals, but I beyond the American pale. I am speak- As you consider this possible change want to give you some sense of judges ing for the Congressional Black Cau- as one about which African Americans who sit on other circuits in other dis- cus, which represents 17 million Afri- are concerned, I hope you understand trict courts, to make it clear why the can Americans. that most of the people who need prob- Congressional Black Caucus is so It is interesting to note that we have, able cause in this country are White. alarmed at what is happening with fed- in looking at Judge Kavanaugh, and So decisions making it easier to do eral court nominees. here I am going on to the Supreme searches without a warrant or ‘‘indi- Court, in looking at his decisions, we vidualized suspicion’’—I am quoting b 2000 have grown truly concerned about his him—are decisions he believes need to Some Federal court nominees pro- lack of respect for precedent. I say that be looked at more closely, even though posed by this President have had to be even though, increasingly, these prece- the existing precedents has been clear, rejected because they were unaccept- dents run against us. But when they and they have not been challenged in able on any court, beyond any sense of have run for us, they have been on other circuits. conservatism. matters of equal protection under the Perhaps the rule that most Ameri- Most recently—I believe it was just law. And Judge Kavanaugh has shown cans understand best is the so-called last week—Ryan Bounds was to serve an uncommon disrespect for precedent. Miranda rule. That is a rule that says on the Ninth Circuit Court of Appeals. I invite my Republican friends, who you don’t have to incriminate yourself. A Republican Senate forced Majority also respect precedent because many of Judge Kavanaugh appears to want to Leader MITCH MCCONNELL to withdraw those precedents will reinforce their narrow that rule. I didn’t think I would his name because two Republican Sen- own views, to be leery of any judge who ever see the day when, after decades— ators, Senator TIM SCOTT of South disregards precedent. His views on civil must be 50 years—of Miranda juris pru- Carolina and Senator MARCO RUBIO of rights and equal protection have been dence, there would be any judge sitting Florida, had indicated that they could out of the mainstream, but there on any bench who would want to nar- not vote for Ryan Bounds because of haven’t been a lot of them, so I have row the self-incrimination rule. remarks he had made on had to look closely to see what his Of special interest to African Ameri- multiculturalism and racial issues. views actually are. cans are Judge Kavanaugh’s apparent

VerDate Sep 11 2014 04:51 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.102 H23JYPT1 dlhill on DSK3GLQ082PROD with HOUSE July 23, 2018 CONGRESSIONAL RECORD — HOUSE H6641 views on Roe v. Wade, or the right of a Why would he write so often in dis- are in the Senate, and we must all be woman to choice. We don’t know present? Why would he so often in write doing all we can here in the House to cisely where he stands on choice, but the law, views that are uncommon help them make the American people there is a very troubling precedent among Republicans? understand what is at stake and to from this circuit involving an undocu- I think he was trying to draw the at- make sure that the Court of Appeals mented woman who had been found to tention of President Trump. And one of for the District of Columbia Judge be entitled to an abortion. the reasons I think so is the last issue Brett Kavanaugh, does not become a Now, that hadn’t happened here. The I will discuss, and that is this nomi- member of the Supreme Court of the case was in the D.C. Circuit, but the nee’s view, Judge Kavanaugh’s view, of United States. ruling was from a Texas court, perhaps the independent counsel. You really I thank my good friend for his leader- the most conservative on matters of had to dig this one up. ship this evening. abortion, which made this woman go As recently as 2017, he dug back into Mr. EVANS. Mr. Speaker, I would through many steps before deciding a decision of long ago. This is a 1988 de- ask my good colleague from the Dis- that she, indeed, qualified under Roe v. cision, Morrison v. Olson. He said he trict one or two questions, if I could. Wade for an abortion. had not agreed with the author of the I listened very intently. One of my Judge Kavanaugh tried to do some- decision. It was Chief Justice William favorite decisions that came down was thing that is unfathomable. The time Rehnquist, the Republican Chief Jus- May 17, 1954, Brown v. Board of Edu- was running. The House wants abor- tice. But he went out of his way to cation. tions done within 20 weeks. Roe v. wonder about Judge Rehnquist’s hold- Mr. Speaker, the President asked Wade allows more time. The time was ing in that case, Morrison v. Olson, Black Americans, after he came to the city of Philadelphia, he said: What do running, but Judge Kavanaugh ruled that the independent counsel was con- we have to lose? I think, ‘‘what the hell that she should have to get a sponsor stitutional. before she could, in fact, enforce her Why has Judge Kavanaugh gone out do we have to lose?’’ So I ask the gentlewoman that ques- constitutional rights to choice. His of his way to talk about the inde- tion in the context of Brown v. Board own court overruled Judge Kavanaugh. pendent counsel when, in fact, there of Education, and that is over 64 years I bring that up in no small part be- was no such case before him? ago now. And for where we are, I just cause African American women, for ex- I think he was sending a signal to heard her very succinctly say about his ample, use abortion at a rate that is this President: Don’t worry about the ability to chip away and not, you beyond the average American woman, independent counsel as far as I am con- so this issue matters to the Congres- know, be able to fully overturn. cerned. I quarrel with whether or not So I would ask her to talk a little bit sional Black Caucus. the independent counsel law is con- On the Affordable Care Act, we have about how would she see anything re- stitutional. perhaps the most astonishing of Judge lating to Brown v. Board of Education If there wasn’t an independent coun- Kavanaugh’s decisions. He hasn’t said and his ability in any of his writings sel law, really, what would be the de- the ACA is unconstitutional. That is relating to that particular decision terrent to a lawless President? that came down. pretty hard to say at the circuit court The deterrent, of course, would have level. But he has said something that Ms. NORTON. Mr. Speaker, my good to be impeachment. Impeachment is has never been said before in American friend who raises the question about understood to be a political but dif- juris prudence: that a President may Brown v. Board of Education may seem ficult process. That is why it is very decline to enforce a law even after the to be raising the question about such hard to get. Supreme Court has said that the law or settled law, both with the American So right now, we have matters before statute is constitutional. people and the courts, that it couldn’t the independent counsel that, indeed, Understand what this means. The Af- possibly come up. fordable Care Act has been found to be are ordinary criminal and civil mat- If I may first respond to the gen- constitutional. Yes, there are still at- ters. The notion that somebody sitting tleman by saying that one of President tempts in this House to overturn it, on any Federal court of the United Trump’s nominees was asked where she but it stands. It is so popular that, States believes that the independent stood on Brown v. Board of Education, while Brett Kavanaugh is being dis- counsel statute is unconstitutional or and she declined to give an answer. cussed in the Senate during the month could be—he hasn’t said that it is un- More than 50 years after the Supreme of August, Senate Democrats are going constitutional. He has come so close to Court, for the first time, recognized to be talking about the Affordable Care it that it is noteworthy, for anyone that African Americans must be treat- Act because it has become one of the judging whether he should go on the ed the same as everyone else in the most popular laws in the United States Supreme Court of the United States. United States, we now have a nominee Judge Kavanaugh has demonstrated today, even though the Republicans who questions even that precedent. such a departure from established have done all they could to cripple it. You may not be able to overturn it, Judge Kavanaugh has said that the American law that one wonders why he but consider the notion of chipping President may decline to enforce a law wants to be on the Supreme Court of away any part of it, remembering what like the Affordable Care Act even after the United States. He has made a life- it meant is spread now not across it is found to be constitutional. What time record of numerous dissents, I schools, but across the juris prudence happens to the rule of law if that be- think, in order to show that he means of equality. comes the standing law of the United to bring an even sharper departure I appreciate the question. I say to my States? from precedent than we have seen. good friend from Pennsylvania, I appre- This is not just a wrong view but a One of the most important and most ciate the question so that Americans dangerous view. It would allow Presi- conservative ways in which the courts will understand that our opposition to dents to pick and choose which laws to operate is by precedent. So it is very Judge Kavanaugh is not far-fetched, enforce, notwithstanding the courts, hard to overturn precedent. But a de- that we are talking about a Supreme that a President could stand as the sole termined member of the Court can chip Court nominee, who leads us to believe decider of what laws to enforce, not- away at precedent, and, we are sure, that the most settled of decisions could withstanding the jurisdiction of the can chip away at the rights of the mi- be rocked by this nominee to the Su- United States Supreme Court. nority who is disproportionately de- preme Court. pendent on a fair Supreme Court. Mr. EVANS. Mr. Speaker, I would b 2015 So I say to my good friend from ask one other question. Mr. Speaker, Brett Kavanaugh isn’t Pennsylvania that we have our work The gentlewoman also laid out the fit to go to the Supreme Court of the cut out for us. But the President’s dis- percentages of numbers. Does the gen- United States based on the record he trict and circuit nominees have not all tlewoman think there is some sort of has shown. Yet Judge Kavanaugh been upheld, and that should encourage philosophical packing taking place seems to have gone out of his way to us to know that, while we are not in here when she describes the 8 percent try to write his way onto the Supreme the Senate, we do have two members of versus the 2 percent. But just the 8 per- Court. the Congressional Black Caucus who cent, is there some type of strategy

VerDate Sep 11 2014 04:51 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.104 H23JYPT1 dlhill on DSK3GLQ082PROD with HOUSE H6642 CONGRESSIONAL RECORD — HOUSE July 23, 2018 going on here relating to packing the can get by talking to, listening to some Seventh Congressional District in the Court, the Highest Court in the land, at Senators who I am almost certain will great State of Alabama. She is moving least in some way influencing for have already put forward some African and making a lot of things happen years, 25, 50 years down the line? Is Americans, or surely will be doing so in there in Alabama. She definitely said: there something going on here that the the future. ‘‘I have to speak on this.’’ I heard her public should know and be aware of? Mr. EVANS. Mr. Speaker, the one give some comments before on this, The gentlewoman has obviously stud- last question I would ask the gentle- and she has some real thoughts about ied the court system, the judicial sys- woman: The Congressional Black Cau- what is taking place in the courts. tem herself over many, many years. cus gave a document, as a matter of Mr. Speaker, I yield to the gentle- Has the gentlewoman ever seen—and I fact, to the President that said we have woman from Alabama (Ms. SEWELL). heard her make the comparison of a lot to lose. Ms. SEWELL of Alabama. Mr. Speak- President Bush, and I understood the In asking that question—and the gen- er, I commend the gentleman from comparison she made. tlewoman has again done an excellent Pennsylvania for his leadership on to- It seems like there is something else job in laying out historical perspective night’s topic. I also associate myself going on here besides just putting indi- for where we are—obviously, as African with his comments, as well as the com- viduals on the Court, but there is Americans, it seems like, to me, there ments of Delegate ELEANOR HOLMES something like some type of philo- has to be a huge fear factor because, if NORTON. Congresswoman NORTON has sophical strategy going on here. the only check and balance, obviously, been a steward on the issue of judicial Am I missing some point in what the is the Congressional Black Caucus appointments in the United States gentlewoman just laid out to us? being the conscience of the Congress, Congress for many decades, and it is an Ms. NORTON. Mr. Speaker, that is a and the United States Senate, you honor to follow her tonight in her lead- most interesting question. And as the know, is that check and balance, what ership against the Trump administra- gentleman indicated, I pointed out that would you say to African Americans, tion’s attempt to stack the courts with I didn’t expect a Republican President Latinos, others relating to where we extreme rightwing political allies. to come anywhere near Democratic are, because this is a very crucial time. Just as President Trump has at- Presidents in proposing nominees. What would the gentlewoman say tacked our Nation’s free press, just as However, I don’t expect complete dis- when he says, ‘‘What the hell do you he has attacked our intelligence agen- dain for the importance of the courts have to lose?’’ and we say, ‘‘We have a cy, this President is now targeting our to African Americans. I would not ex- lot to lose’’? What would you say? Nation’s third branch of government, pect the lowest number of African What would you say to the people? our treasured court system. We cannot Americans appointed to the courts of Ms. NORTON. Mr. Speaker, the most let President Trump destroy yet an- the United States in memory, certainly important thing I would say to the peo- other institution of American democ- not since the 20th century in Brown v. ple is look at that 49–51 figure of how racy. Board of Education. close the Senate is, and within a couple The importance of a fair and non- There had been some sense among of months, there will be an election. partisan court system cannot be over- Republican Presidents that one way to We could turn a lot of this around. estimated. It is our Supreme Court, indicate that a Republican President If, as the polls tend to show, Demo- overall, that decided Brown v. Board of believed in equal justice was to propose crats capture the House, and they are Education, the case that ended seg- some African Americans on the court. increasingly showing that they will regation in America’s schools. It was Now, when you get to 90 percent—more keep the Senate, it seems to me all the our courts which struck down voter than 90 percent nominees White, you American people can do now is take it suppression laws, like poll taxes that are sending a very strong message on to the ultimate remedy, and that is to freed and allowed lots and lots of Afri- equal protection to African Americans. change the Congress. And that way, it can Americans in my home State of This President has been accused of seems to me, would slow these nomi- Alabama to vote. It was the Supreme racism because of some of the things he nees or get nominees where there will Court that protected the work of the has said. For example, Charlottesville, be some consultation with Democrats, free press and our Nation’s newspapers when he seemed to be for those killing as there has been in the past, often, in when President Nixon attempted to si- people and not against them. I am not the Senate because you want to get lence them. And it was our Supreme sure what his personal views are, but I your nominee through. Court which struck down discrimina- am sure that when he shows disdain for So I don’t think, by any means, that tory State laws prohibiting interracial equal protection and has given us no there is anything to fear because there and gay marriage. evidence that he understands equal is an election coming and I believe that Those court decisions were the prod- protection, that we have every reason what this nominee for the Supreme uct of judges and justices in our judi- to wonder what it is that he intends to Court and others for the district cial system, who put our Constitution do to show people of every background courts—and here we have African and the law first, irrespective of the that he is for equal justice. Americans mindful of the district pressure they faced from politicians It does seem to me that the President courts and the courts of appeals and from Presidents. needs to make some gesture to indicate throughout the United States. Surely Mr. Speaker, the opposite can be true that he believes that all people are cre- all of that is, forgive the word, ammu- as well. When our courts are stacked ated equal. The best gesture would be nition to go to the polls to make sure with political allies, who put politics to bite into this 90 percent—this 2 per- we halt this stripping of equal protec- first and justice last, our Nation suf- cent figure, a little over 2 percent fig- tion from the Federal courts of the fers. We need think of no other than ure of African Americans appointed to United States. the infamous Supreme Court decision the bench, raise that number, as the which paved the way for Japanese Congressional Black Caucus calls on b 2030 American internment camps as an ex- him to do this evening. Mr. EVANS. Mr. Speaker, I thank my ample. It is a reminder of all that can He may have, for example, been re- colleague from the great District of Co- go wrong when our courts are stacked acting to those staff who have been lumbia, where we need to make sure with political allies. giving him judges to appoint, but I say that she has a right to vote in this Today, our court system continues to to you, I say to my good friend from body is also something that needs to decide questions that will have con- Pennsylvania, that there are many take place in terms of the District of sequences for generations to come. Senators who, I am sure, have sug- Columbia and representation, and I When it comes to gerrymandering and gested some qualified African Amer- thank her for that knowledge and in- discriminatory voter ID laws, our ican nominees or could do so. formation that she has provided to us. courts are still considering cases that I would urge the President to wipe I have someone else, Mr. Speaker, will impact our right to vote. away this notion that he thinks the who I have grown deeply in under- As this administration continues its United States of America should have standing her thoughts and her com- assault on our free press, we should as close to an all White judiciary as he ments. I had the chance of visiting the have no doubt that the courts will be

VerDate Sep 11 2014 05:23 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.094 H23JYPT1 dlhill on DSK3GLQ082PROD with HOUSE July 23, 2018 CONGRESSIONAL RECORD — HOUSE H6643 faced with First Amendment questions of the protections of the equal protec- It was Judge Kavanaugh who upheld in the years to come. tion amendment, it was because of the a discriminatory voter ID law as a That is why President Trump’s at- Constitution and those brave judges, judge on the D.C. Court of Appeals. tempt to stack the court is so con- judges like Frank Johnson of the Mid- Faced with a South Carolina voter ID cerning. Last year, this administration dle District of Alabama, who stood law, which the Obama administration appointed nine appellate judges, more against pressure to do what was right reported would disenfranchise tens of than any President since President for all Americans, interpreting the thousands of minority voters, Judge Nixon during their first term in office. Constitution as it was meant to be: Kavanaugh ruled that the measure was And where do those open appellate that all men and women are created not discriminatory. seats come from? These are judgeships equal, and that the equal protection of The Obama administration said this which Republicans systematically held the law extends to all Americans, irre- same voter ID law violated the Voting open during President Barack Obama’s spective of race and gender. Rights Act of 1965, a similar piece of final 2 years. I can speak with author- So I think it is really important that legislation, and Judge Kavanaugh ap- ity on that fact because, in the State of we remember from whence we all come. proved it. That is bad news for voting Alabama, we had not one, not two, but This is a proud tradition that is impor- rights. And where I come from, rep- three open Federal judgeships that tant that we uphold. resenting Alabama’s Seventh Congres- were held open for 2-plus years, and one What is even more concerning is the sional District, the voting rights, and 11th Circuit appellate judgeship that temperament displayed by the court the civil rights district of America, was held open for 2 years. picks under this administration and that is bad news for Americans. We Yes, the people of Alabama were not their lack of qualification for the job. should stand up for the equal rights of well served by the fact that my Repub- Last year, President Trump nominated all Americans to vote. There should be lican colleagues withheld appointing four judicial nominees who didn’t pass no modern-day barriers to voting. And any person to that, in hopes that they the American Bar Association’s stand- to have a Supreme Court nominee who would win the Presidential election in ard for being rated qualified by the has so blatantly gone against that is 2016. Now it was a good bet for them, ABA. Now, that is a simple standard. unacceptable. but it was a bad bet for the American The ABA standard of requiring that Mr. Speaker, on voting rights and so people and for the people of Alabama. one be qualified is simple: a nominee many other issues, from healthcare to For you see, the judges that were sit- must show integrity, professional com- police brutality, the American people petence, and judicial temperament. ting, took on an inordinate amount of cannot trust Trump’s judicial nomi- During his 8 years in office, President caseload that was unacceptable. nees to put the law before politics. We Obama never—I repeat—never selected I know that for one, in the Middle must call on the Senate to stop Presi- a judicial nominee who received an un- District of Alabama, there was a senior dent Trump’s attempt to stack the qualified rating from the ABA. Yet, judge by the name of Myron Thompson, courts. Nothing less than the third this President nominated four unquali- who had 120 percent caseload. Yes, that branch of government, our democracy, fied judicial candidates in a single is right. As a senior judge, he not only is at stake. year, which is the worst record in had a caseload that surpassed his case- Mr. Speaker, I thank the gentleman American history. load when he was an active judge, but, One was to a Federal bench in Ala- from Pennsylvania for allowing me to as a senior judge, took on an extraor- bama. The nominee was Brett Talley, speak on this issue, and I ask that all dinary number of cases. Why? Because who withdrew his name in 2017 for his Americans oppose this nominee to the in the Middle District of Alabama, lack of judicial experience. He had Supreme Court. there was only one judge sitting, as never tried a case, and yet this person Mr. EVANS. Mr. Speaker, I would well as one senior judge, Judge Thomp- was nominated by this administration like to ask my colleague from the son. to a life appointment on the bench in great State of Alabama a question. This President talked about cleaning This is unacceptable. This is an unac- the Middle District of Alabama. Unac- ceptable play towards politics that, in ceptable. Thank God, calmer and cool- up the swamp. She may recall he the end, disserved the people of Ala- er heads prevailed and he withdrew his talked about that issue. From listening bama and disserved the American pub- name. But the reality is, having un- to her just now, it appears that we lic. qualified candidates should not go know how it was taking place with his The same was true on the Supreme under this administration. We should Cabinet, but we are talking about Court level. Yes, Judge Merrick Gar- stand up and speak out against it. something very sacred, and that is the land was supremely qualified to sit on That is why I am glad to join with courts. Can she talk a little bit about, the Supreme Court, and was President my colleagues from the Congressional does she see cleaning up the swamp Obama’s choice to sit on the Supreme Black Caucus as we talk about what is taking place here relating to the Court. But a year prior to the 2016 elec- at stake. A heck of a lot is at stake. We courts? Because as I listened to her, it tion, the GOP decided that it was not have a lot to lose under this adminis- sounds like the courts are not being the time for a judge to be appointed tration, and it starts with the Federal cleaned up. when a Federal election was going to courts. Ms. SEWELL of Alabama. Mr. Speak- take place within a year. The reason President Trump has er, the gentleman from Pennsylvania is Now, one can say the same thing elected so many unqualified judges to exactly right. The swamp only needs to about the fact that we have a midterm fill our courts is that they are political be cleaned up when the swamp doesn’t election that is coming up in 2018. But, allies of the extreme right. Every sin- agree with this President. oh, no, we don’t get the same courtesy. gle one of President Trump’s judicial We have seen, in the nomination of This is politics before people, it is un- nominees are allies of the rightwing, Brett Talley to Alabama’s Middle Dis- acceptable, and we should not take it attacking women’s rights, attacking trict, that he did not report that his sitting down. That is why I am very human rights, attacking healthcare wife worked for the White House coun- happy that the Congressional Black and workers’ rights, and, of course, at- sel. Now, this, to me, is an important Caucus tonight, under the leadership of tacking voting rights. disclosure. You can’t be more on the the gentleman from Pennsylvania, is President Trump’s recent nominee of inside, in the swamp, drowning in the talking about stacking of the Supreme Judge Kavanaugh to the Supreme swamp, than to have a relationship Court and its importance to all Ameri- Court is no different. A review of Judge like your wife working for the White cans. Kavanaugh’s record shows that he will House. I can speak firsthand how important drive the Supreme Court further to the I think it is really hypocritical that the court system was to the civil rights right, threatening and further attack- this White House would talk about and voting rights movement of Amer- ing healthcare, our right to vote, af- draining the swamp, and yet choose ju- ica. As a daughter of Selma, Alabama, firmative action, and all of the impor- dicial nominees that are clearly in line and as the first Black congresswoman tant progress that we have made as a with far rightwing views and are clear- from the State of Alabama, I can tell Nation when it comes to civil rights ly a part of the problem, not a part of you, unequivocally, that it was because and civil liberties. the solution.

VerDate Sep 11 2014 05:23 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.096 H23JYPT1 dlhill on DSK3GLQ082PROD with HOUSE H6644 CONGRESSIONAL RECORD — HOUSE July 23, 2018 I think that we, the American people, tion, but before I do that, may I in- In closing, Mr. Speaker, the Congres- need to really speak out when it comes quire as to how much time is remain- sional Black Caucus, with both of my to the Supreme Court nominee, and, ing. colleagues, all of them today, really actually, all Federal judgeships. The SPEAKER pro tempore (Mr. have shown how we need to be very I had the great honor of clerking for FASO). The gentleman from Pennsyl- conscious of this decision that the Sen- the first African American judge in the vania has 4 minutes remaining. ate is about to make. This is extremely State of Alabama, Judge U.W. Clemon. Mr. EVANS. Mr. Speaker, in the important in talking about the future It was a great honor of my life as a past, Judge Kavanaugh has emphasized in America, and we need to understand young lawyer to sit at his feet and to the importance of ‘‘checking political that we must operate under the Con- learn. And I have to tell you that it is alliances at the door.’’ stitution and the rule of law. disheartening to me to see people who So I ask the gentlewoman that ques- Mr. Speaker, I yield back the balance are woefully unqualified getting the tion relating to what she just said be- of my time. opportunity to be nominated to a Fed- cause, in addition to the dark future Ms. JACKSON LEE. Mr. Speaker, today I eral bench. These are life appoint- for landmark decisions like Roe v. rise to join my colleagues in unequivocally ments, life appointments that allow Wade, voting rights, affirmative ac- condemning the President’s gross assault on people to sit in those seats for decades tion, Brown v. Board of Education, ac- the independence of the federal judiciary by to come and, therefore, decide deci- cessibility to affordable healthcare stacking the federal courts with unqualified sions decades to come. could be greatly diminished, the gen- nominees. b 2045 tlewoman said that has consequences. Since his inauguration a year and six And this is his quote. He said ‘‘check I know that when you talk to our months ago, the President and his supporters political alliances at the door.’’ Senators, they will, if they are truth- in the Senate have proceeded at breakneck So tell us now, we have got about 4 ful, tell you that some of the most speed to nominate ideological, often-unquali- minutes, tell us, can we believe that he pressing legacy issues for them are the fied candidates. will check the political alliances? nominations to the Supreme Court and In his first 330 days in office, the President Ms. SEWELL of Alabama. Well, he the nominations to the Federal court. had won confirmation for 12 of his appeals has a very expansive record. He sat on Why? Because these nominations, life court nominees—the most in an administra- the bench now for over a decade, so appointments, have lasting effects that tion’s first year since creation of the circuit there is an expansive record there. I be- yield way beyond the actual nomina- court system in 1891. lieve in looking at a person’s record to tion itself. The President’s appellate nominees were It is unfortunate to me, because be able to tell what they will do in the approved by the Senate in an average of just when we think about, of the three future. 20 days after being voted out of the com- branches government that worked for His past has shown that he is square- mittee—which is eight times faster than Presi- the civil rights movement and worked ly aligned with the Federalist Society, dent Obama’s nominees. for all those freedom fighters, it was squarely aligned with the far right. It As a senior member of the Judiciary Com- the Federal court that, with its inde- is because of his extreme views that he mittee, I am concerned by the pervasive lack pendence, was able to grant so many is now the nominee. of oversight and partisanship that has opportunities to those freedom riders. Now, I would love for him to prove poisoned our judiciary far more than the col- I think about Frank Johnson, a me wrong, but one’s history, one’s past, lection of highly publicized incidents would young judge from Montgomery, Ala- is a judge of what one will do in the fu- have us believe. bama, who grew up in rural Alabama ture. So my great fear is about issues We must remember that the judiciary and had the temerity, had the audac- such as the right of the executive abuses of this Administration are the continu- ity, had the courage to do what was branch to overreach. His decisions that ation of the shameless partisanship of Senate right in the face of mounting pressures relate to that, to me, are why I believe Republicans first began with the theft of the that came from his White citizenry this President chose him, because there seat of Judge Merrick Garland. around him to do the right thing and to has been some overreaching going on in Judge Garland had long been considered a actually issue that injunction that al- the executive branch, and this Presi- prime prospect for the high court, serving as lowed marchers, such as our colleague, dent feels that this judge will be more chief judge on the U.S. Court of Appeals for JOHN LEWIS, to march across the Ed- partial toward him. the District of Columbia Circuit—a frequent mund Pettus Bridge, which brought us Now, let’s just be very clear. The source of justices that is sometimes called the the Voting Rights Act of 1965. judge should be about being partial to- ‘‘little Supreme Court.’’ Where is our courage today? I ask the ward the facts and toward the law, ir- Widely regarded as a moderate, Judge Gar- gentleman from Pennsylvania. We have respective of who the petitioner is. I land had been praised in the past by many to stand up in the face of such overt can tell you that often people say that Republicans, including influential senators partisanship and speak out against it. justice is blind. But the reality is jus- such as ORRIN HATCH of Utah. The balance of the Court is so impor- tice often is seen through the eyes of But even before President Obama had tant. So much of the progress that we the experience of the judges. That is named Judge Garland, and in fact only hours have seen as a Nation, we have always why it is important to have a bench after the death of Justice Antonin Scalia, Sen- been one Supreme Court Justice away that is diverse, a bench that has diver- ate Majority Leader MITCH MCCONNELL de- from a lot of that progress being erod- sity of thought, diversity of philosophy clared in February 2016 that any appointment ed. It is with great sadness that I see and ideas, because, at the end of the by the sitting president would be null and void. Justice Kennedy leave, but it is with day, we are not monolithic as a people. Senator MCCONNELL foreclosed any consid- greater sadness that I see the nominee, We all have different views, and we eration of a nominee for the vacancy until after Kavanaugh, coming before the Senate come to those perspectives based on the 2016 election, nearly a year away. for confirmation as the next Federal our experiences. Mr. Speaker, Supreme Court picks have Justice. Frankly, this particular judge, this often been controversial. I do know that politics and elections particular nominee, Kavanaugh, does There have been contentious hearings and have consequences, but when I think not show that diversity of experience. floor debates and contested votes. about the scale of progress and what His views have been clearly aligned But never has a nominee been ignored en- affects that progress, nothing is more with the far right, and I believe that tirely, as if no vacancy existed. telling, nothing is more important, that is woefully out of character with A federal lawsuit was filed to compel Sen- than the Supreme Court. the American public. ator MCCONNELL to hold a vote on Judge Gar- I hope that aggrieved persons, irre- I believe that the American public is land, but it was dismissed because the plaintiff spective of their gender, irrespective of far more centrist than that and that lacked stand-ins. their race and who they love, that they the American public deserves better This president has used the levers of his of- can come before the Supreme Court than that. fice to continue to divide, rather than unite. and get a fair hearing. Mr. EVANS. Mr. Speaker, I thank my When confronted with a replacement to the Mr. EVANS. Mr. Speaker, I would colleague from Alabama, and I really Supreme Court’s swing vote, the President like to ask my colleague another ques- appreciate her comments and help. has chosen an ideologue and a foot soldier of

VerDate Sep 11 2014 05:23 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00054 Fmt 4634 Sfmt 9920 E:\CR\FM\K23JY7.097 H23JYPT1 dlhill on DSK3GLQ082PROD with HOUSE July 23, 2018 CONGRESSIONAL RECORD — HOUSE H6645 the Republican Party and the conservative Fatima Goss Graves, President and CEO of Farr began his notorious in voter suppres- movement. the National Women’s Law Center (NWLC) sion and race-baiting career as a campaign To be sure, Brett Kavanaugh has accept- expressed strong concern that Kavanaugh’s aide to Senator Jesse Helms, who entered able credentials and has enjoyed an nomination could put women’s health, equality, public life in campaigns that urged ‘‘White undistinguished tenure as a member of the dignity, and even lives on the line: ‘‘it will shift People Wake Up’’ and smeared the University United States Court of Appeals for the District the balance of the Court, and could roll back of North Carolina as ‘‘the University of Ne- of Columbia Circuit. rights for an entire generation.’’ groes and Communists.’’ But, it is not his credentials or his pedigree The backlash has not only to do with the Helms was infamous for his diatribes which is worrisome. abandonment of the pursuit of justice for bla- against ‘‘Negro hoodlums’’ and ‘‘forced inte- Rather, throughout his entire career—as a tant partisanship, but also the flagrant breach gration,’’ and for touting the ‘‘purely scientific deputy in the right-wing’s crusade against of protocol in nominating Kavanaugh. statistical evidence of natural racial distinction President Bill Clinton during the 1990s, as a Usually, the White House Counsel’s office in group intellect.’’ political operative fighting to prevent the re- maintains a list of potential nominees on hand, Helms became the state’s most vociferous count in Florida in 2000, which paved the way along with some basic information about them, opponent of the civil rights movement, which, for the Supreme Court’s decision in Bush v. long before an opening appears. as late as 2005, Helms railed had ‘‘ripped Gore, and thereafter a decade as a stalwart An informal working group is assembled away at the customs and institutions people conservative on the country’s most important from several sections of the White House, in- cared about.’’ federal appellate court—Brett Kavanaugh has cluding not just the counsel’s office but legisla- During Farr’s time on the campaign, the used his legal acumen in the service of decid- tive affairs, the vice president’s office, the Helms Campaign Committee sent more than edly and uncompromisingly conservative chief of staff, and the Attorney General. 105,000 post cards to African Americans causes. Congressional leaders from both parties are falsely warning that they were ineligible to vote Instead of ensuring that the court will protect consulted, as well: GOP strategist Ken and could be arrested for voter fraud if they the rights of minorities, women, children, and Duberstein, who helped shepherd half a dozen appeared at the polls. society’s most vulnerable, the President has Supreme Court nominees, said in an interview Farr denied having any knowledge of this chosen to politicize our halls of justice. that it is critical the administration reaches out effort, but a former Department of Justice offi- This President has used his Constitutional to both parties on Capitol Hill, as ‘‘there has cial said the Helms disciple ‘‘absolutely’’ was powers to push down on the scales of lady to be some consultation, on both sides of the involved in this and earlier illegal voter sup- justice. aisle, coming from the White House.’’ Both of the President’s Supreme Court ap- pression tricks that the campaign described as Instead of this time-honored, bipartisan ‘‘ballot security efforts.’’ pointees—Neil Gorsuch and Brett process, the President has relied heavily on Kavanaugh—have drawn withering criticism A 1992 consent decree prohibited the cam- the Federalist Society—a nationwide organiza- paign from tactics ‘‘to intimidate, threaten, co- from respected organizations across the nation of conservative lawyers that openly seeks tion. erce, deter, or otherwise interfere with a quali- to ‘‘reorder priorities within the legal system to fied voter’s exercise of the franchise’’—and Marc Morial, the president of the National place a premium on conservative values.’’ Urban League, the oldest and largest commu- Thomas Farr signed the decree. Leonard Leo, the executive vice president of More than 20 years later, during Farr’s de- nity-based nonpartisan civil rights organization the Federalist Society, went as far as to take of its kind, condemned Neil Gorsuch’s nomina- fense of the election law that the Fourth Dis- leave from the Society to construct a list of trict Court ruled targeted African-American vot- tion and the regression of the Supreme Court nominees for the President: granting such un- on civil rights issues. ers ‘‘with almost surgical precision,’’ the judge precedented access to an unashamedly par- in Winston-Salem asked Farr, ‘‘Why don’t y’all More recently, the National Urban League, tisan organization is a departure from conven- National Action Network, NAACP, NAACP want people to vote?’’ tion. A track record that continues to raise this Legal Defense Fund & National Coalition on This approach—partisanship above justice; question should prevent anyone from being Black Civic Participation urged citizens to con- loyalty above protocol—should be concerning appointed to the federal bench. tact Senators to delay confirming Brett and insulting to every American whose civil But the problem is compounded by the fact Kavanaugh to the Supreme Court. liberties are at stake. that Farr would preside over the Eastern Dis- The Lawyers’ Committee for Civil Rights But more disturbing than partisanship in ju- trict, which contains a majority of the state’s Under Law, a nonprofit formed in 1963 at the dicial nominations is the deliberate appoint- counties with the highest percentages of Afri- request of President Kennedy to involve the ment of unqualified candidates. private bar in providing legal services address- Thomas Farr, the Raleigh attorney nomi- can–American residents. ing racial discrimination, explicitly denounced nated for a judicial appointment to the U.S. Despite being home to North Carolina’s Kavanaugh’s nomination. District Court for the Eastern District of North ‘‘Black Belt,’’ the Eastern District has never President and executive director of Lawyers’ Carolina, received the wholehearted support of had an African-American judge in its nearly Committee for Civil Rights Kristen Clarke re- the President and North Carolina’s two U.S. century and half of existence. marked that in this critical time for civil rights URR senators, while two qualified African-American Senator B says Farr will ‘‘serve North protections under attack by the administration, women could not even get a hearing. Carolina well,’’ and Senator TILLIS—a sup- ‘‘it would be an abdication of [the Senate’s] Farr has been the lead attorney in a series porter of the massive voter suppression and constitutional responsibility to merely rubber of recent legislative efforts to suppress political racialized redistricting that allowed Repub- stamp Kavanaugh’s nomination’’ on partisan participation by African Americans in the state. licans to take a super majority in the state leg- grounds. In 2010, Farr advised the General Assembly islature—calls the President’s nominee ‘‘im- Rev. Al Sharpton, civil rights leader and in what federal courts later termed a ‘‘racial peccably qualified.’’ President of National Action Network (NAN), gerrymander’’ of North Carolina House, Sen- In doing so while blocking the hearings of released the following statement following ate and U.S. Congressional districts. May-Parker and Timmons-Goodson, these President Donald Trump’s announcement of In separate lawsuits, each redistricting plan Senators insist North Carolina be revealed as the nomination of Brett Kavanaugh: was proven to have intentionally discriminated backward-looking and bitter during nationally Some will pass this off as a middle of the against African-American voters. televised Senate hearings for a morally road pick. Don’t be fooled. On every issue, In 2013, the North Carolina General Assem- stained and unrepentant figure like Thomas Kavanaugh has proven to be an ideologue Farr. who will ignore our rights . . . This is a fight bly enacted a bill that shortened early voting, for the soul of our country, and we at Na- required voters to present government-issued Being a conservative is not the same thing tional Action Network call on the Senate to IDs and eliminated same-day voter registration as spending almost 40 years fighting to block stop Kavanaugh’s nomination at any cost— and out-of-precinct voting—all of which are full citizenship for all Americans. his confirmation would be a disastrous at- forms of marginalization and voter suppres- This nomination is not just about what tack on basic human rights. sion. Thomas Farr stands for—it is about what The NAACP—with its cherished heritage of Farr advised the legislature on the bill and America stands for. struggling for fair-minded justice, including then became lead counsel in a three-year bat- Some nominations have been entirely incon- when it was instrumental in defeating a Her- tle to defend it. siderate of any standards of qualification that bert Hoover nominee to the Supreme Court, Federal courts ruled the law unconstitutional judicial nominees would otherwise be subject John Parker—characterized the Kavanaugh and an attempt to disenfranchise African- to. nomination as an effort to ‘‘re-make the Court American voters ‘‘with almost surgical preci- Matthew Petersen, a Trump nominee to a in President Trump’s own image.’’ sion.’’ lifetime appointment on the U.S. District Court

VerDate Sep 11 2014 05:23 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00055 Fmt 4634 Sfmt 9920 E:\CR\FM\A23JY7.046 H23JYPT1 dlhill on DSK3GLQ082PROD with HOUSE H6646 CONGRESSIONAL RECORD — HOUSE July 23, 2018 for the District of Columbia, withdrew from ABA President Hilarie Bass said the group on matters regarding civil rights, abortion, and consideration for the seat in December 2017 is a ‘‘nonpartisan organization that has fo- government oversight. However, the lower fed- days after a video clip showed him unable to cused on legal issues and not politics’’ and eral courts are equally as important to the judi- answer basic questions about legal procedure. that it has vetted thousands of judicial nomi- ciary’s ability to protect the fundamental rights Petersen, a graduate of the University of nees ‘‘fairly and in a nonpartisan fashion’’ that we enjoy as Americans. President Trump Virginia Law School, was a member of the under both Republican and Democratic admin- has demonstrated time and time again through Federal Election Commission since 2008 but istrations. his nominations of extreme candidates that he had no trial experience. However, our colleagues are engaged in a has little to no regard for due process, and His only connection to the Trump Adminis- desperate charge against factual truth itself. has every intention of leaving behind a lifelong tration was that his tenure on the FEC over- ‘‘The ABA’s record on judicial nominations legacy of stacking the courts to favor radical lapped with that of White House counsel Don has been highly questionable,’’ said Sen. TED right-wing conservatism. McGahn for about five years. CRUZ (R–Texas), a member of the Senate Ju- Mr. Speaker, the nominees being put forth Petersen was one of three judicial nominees diciary Committee, ‘‘it has demonstrated over by this Administration and the process by picked by President Trump to have withdrawn past decades repeatedly partisan interests and which they are being vetted is a wild and dan- in that week amid criticism about their quali- ideological interests.’’ gerous departure from regular order. Senate fications. Arizona Sen. JEFF FLAKE, who also sits on Republicans are knowingly sidestepping tradi- Senate Judiciary Committee Chairman the Judiciary Committee and is a vocal GOP tional vetting protocols in order to rush right- CHARLES E. GRASSLEY told the White House to critic of Trump, added: ‘‘Not a big fan of the wing judicial nominees through the process ‘‘reconsider’’ the nominations of the other two ABA.’’ before the American people can react. It is a nominees, both of whom were reported to ‘‘It’s blatantly political,’’ Flake said. ‘‘Often. misguided practice that places partisan politics have endorsed positions or groups that em- Not always.’’ over the needs of the American people, and I brace discrimination. In a shift from the Obama Administration urge my colleagues in the Senate to oppose A day later, both nominations were pulled. and a return to the policy of President George any unqualified nominee at every opportunity. This gross disregard for competence is in- W. Bush, the administration decided earlier conceivable in any profession, much less our this year not to allow the ABA to review poten- f government. tial candidates before they were nominated. CONFERENCE REPORT ON H.R. 5515, One of the two withdrawn for discrimination Trump officials are abandoning the practice NATIONAL DEFENSE AUTHORIZA- was Brett Talley. so Republicans can push through younger, TION ACT FOR FISCAL YEAR 2019 Talley had been rated ‘‘unanimously un- conservative attorneys who may not have as qualified’’ for the post by the American Bar As- much—if any—experience to a lifetime posi- Mr. THORNBERRY submitted the sociation after an evaluation that questioned tion on the bench. following conference report and state- his experience. Mr. Speaker, I stand today in opposition of ment on the bill (H.R. 5515) to author- Talley had never argued a case, or even a the Trump Administration’s misguided and ize appropriations for fiscal year 2019 motion, in federal court, he testified. foolish judicial nominations. for military activities of the Depart- Mr. Talley nevertheless won preliminary ap- I stand today as a woman, who fears for my ment of Defense, for military construc- proval from the Judiciary Committee’s Repub- fellow woman’s right to choose. tion, and for defense activities of the lican majority to be a judge. I stand today as a granddaughter of immi- Department of Energy, to prescribe Even after Talley’s nomination advanced grants, who recognizes the value of immigra- military personnel strengths for such through the Senate Judiciary Committee on an tion to our, society and national identity. fiscal year, and for other purposes: 11–9 party-line vote, media reports and good I stand today as an African American, who (For conference report and state- government groups cast doubt on his creden- celebrates the progress our community has ment, see proceedings of the House of tials for the spot on the U.S. District Court in made in expanding civil rights in our nation, July 23, 2018, published in Book II.) Alabama. but recognizes the struggle yet left ahead. f As he was awaiting a Senate floor vote, it I stand today as a mother and grandmother, emerged that Mr. Talley had not disclosed that who is determined to hold our courts account- LEAVE OF ABSENCE he was married to White House Counsel Don able to safeguarding our nation’s civil liberties By unanimous consent, leave of ab- McGahn’s chief of staff. for generations to come. sence was granted to: It was further publicized that he had failed to I stand today as an American, because a ju- Mr. GRAVES of Louisiana (at the re- disclose that he had apparently written thou- diciary that dispenses evenhanded justice is quest of Mr. MCCARTHY) for today on sands of pseudonymous posts on a University what defines who we are and what we stand account of inclement weather affecting of Alabama sports fan website, including one for. travel. defending the early Ku Klux Klan. Mr. Speaker, fellow members of Congress, Talley’s withdrawal is celebrated as a case let us be unequivocally clear that it is our re- f in which civic awareness and activism by var- sponsibility and our high call of service to our BILL PRESENTED TO THE ious groups from media to good governance fellow citizens to defend the rule of law and PRESIDENT organizations pressured the government to do preserve our courts as the bastion of justice in the right thing. our nation. Karen L. Haas, Clerk of the House, One such organization that is critical to Ms. EDDIE BERNICE JOHNSON of Texas. reported that on July 19, 2018, she pre- safeguarding fairness of justice in our court- Mr. Speaker, the judicial branch serves as one sented to the President of the United rooms is the American Bar Association, which of the key pillars of our democracy, charged States, for his approval, the following gave Talley the ‘‘unanimously unqualified’’ rat- with restraining both the legislative and execu- bill: ing. tive branches from reaching beyond their con- H.R. 6042. To amend title XIX of the Social Since 1953, this venerable legal organiza- stitutional authority first envisioned by our Security Act to delay the reduction in Fed- tion has played a critical, behind-the-scenes Founding Fathers. The importance of having eral medical assistance percentage for Med- role in assessing judicial nominees and their qualified judges on the bench is not only vital icaid personal care services furnished with- to the judiciary, but also to the proper func- out an electronic visit verification system, fitness to serve on the bench. and for other purposes. By the end of President Trump’s first year, tioning of our system of checks and bal- the ABA deemed at least four of Trump’s judi- ances—and by extension, our democratic sys- f cial nominees ‘‘not qualified.’’ tem. By stacking the courts with biased, un- But with the ABA emerging as a major qualified judges, President Trump and Senate ADJOURNMENT stumbling block in President Trump’s effort to Majority Leader MCCONNELL are choosing Mr. THORNBERRY. Mr. Speaker, I transform the courts, our colleagues in the party over their country in a manner that will move that the House do now adjourn. GOP accused the nonpartisan group of hold- cause enduring harm to the process and prin- The motion was agreed to; according a liberal slant and is seeking to sideline it. ciples that we hold dear as a democratic na- ingly (at 8 o’clock and 52 minutes Instead of being equally concerned of the tion. p.m.), under its previous order, the quality of judicial nominees put forth by this The nomination of Judge Brett Kavanaugh House adjourned until tomorrow, Tues- Administration, our colleagues chose to ignore to the United States Supreme Court is already day, July 24, 2018, at 10 a.m. for morn- the ABA and discredit the century-old group. a dangerous threat to longstanding precedent ing-hour debate.

VerDate Sep 11 2014 05:23 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JY7.047 H23JYPT1 dlhill on DSK3GLQ082PROD with HOUSE July 23, 2018 CONGRESSIONAL RECORD — HOUSE H6647 EXECUTIVE COMMUNICATIONS, cy’s final rule — Air Plan Approval; Ohio; Act 22-412, ‘‘Attorney General Limited ETC. Ohio NSR PM2.5 Precursors [EPA-R05-OAR- Grant-Making Authority Temporary Amend- 2017-0164; FRL-9980-92-Region 5] received July ment Act of 2018’’, pursuant to Public Law Under clause 2 of rule XIV, executive 13, 2018, pursuant to 5 U.S.C. 801(a)(1)(A); 93-198, Sec. 602(c)(1); (87 Stat. 814); to the communications were taken from the Public Law 104-121, Sec. 251; (110 Stat. 868); to Committee on Oversight and Government Speaker’s table and referred as follows: the Committee on Energy and Commerce. Reform. 5716. A letter from the Secretary, Depart- 5724. A letter from the Director, Regu- 5736. A letter from the Acting Director and ment of Defense, transmitting a letter on the latory Management Division, Environmental General Counsel, Office of Government Eth- approved retirement of Lieutenant General Protection Agency, transmitting the Agen- ics, transmitting the Office’s final rule — Ex- Lee K. Levy II, United States Air Force, and cy’s final rule — Air Plan Approval; Min- ecutive Branch Financial Disclosure, Quali- his advancement to the grade of lieutenant nesota; Flint Hills Sulfur Dioxide (SO2) Re- fied Trusts, and Certificates of Divestiture general on the retired list, pursuant to 10 vision [EPA-R05-OAR-2017-0099; FRL-9980-96- (RIN: 3209-AA00) received July 13, 2018, pur- U.S.C. 1370(c)(1); Public Law 96-513, Sec. 112 Region 5] received July 13, 2018, pursuant to suant to 5 U.S.C. 801(a)(1)(A); Public Law 104- (as amended by Public Law 104-106, Sec. 5 U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. 121, Sec. 251; (110 Stat. 868); to the Committee 502(b)); (110 Stat. 293); to the Committee on 251; (110 Stat. 868); to the Committee on En- on Oversight and Government Reform. Armed Services. ergy and Commerce. 5737. A letter from the Architect of the 5717. A letter from the Secretary, Depart- 5725. A letter from the Director, Regu- Capital, transmitting the semiannual report ment of Defense, transmitting a letter on the latory Management Division, Environmental of disbursements for the operations of the approved retirement of Lieutenant General Protection Agency, transmitting the Agen- Architect of the Capitol for the period of Michael H. Shields, United States Army, and cy’s final rule — Air Plan Approval; Michi- January 1, 2018, through June 30, 2018, pursu- his advancement to the grade of lieutenant gan; Revisions to Part 9 Miscellaneous Rules ant to 2 U.S.C. 1868a(a); Public Law 113-76, general on the retired list, pursuant to 10 [EPA-R05-OAR-2017-0100; FRL-9980-94-Region div. I, title I, Sec. 1301(a); (128 Stat. 428) (H. U.S.C. 1370(c)(1); Public Law 96-513, Sec. 112 5] received July 13, 2018, pursuant to 5 U.S.C. Doc. No. 115—141); to the Committee on (as amended by Public Law 104-106, Sec. 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 House Administration and ordered to be 502(b)); (110 Stat. 293); to the Committee on Stat. 868); to the Committee on Energy and printed. Armed Services. Commerce. 5738. A letter from the Acting Director, Of- 5718. A letter from the Director, Regu- 5726. A letter from the Director, Regu- fice of Sustainable Fisheries, NMFS, Na- latory Management Division, Environmental latory Management Division, Environmental tional Oceanic and Atmospheric Administra- Protection Agency, transmitting the Agen- Protection Agency, transmitting the Agen- tion, transmitting the Administration’s tem- cy’s final rule — Approval and Promulgation cy’s final rule — Air Plan Approval; Ken- porary rule — Fisheries of the Caribbean, of Air Quality Implementation Plans; Vir- tucky; 2008 Ozone NAAQS Interstate Trans- Gulf of Mexico, and South Atlantic; Snapper- ginia; Interstate Transport Requirements for port SIP Requirements [EPA-R04-OAR-2018- Grouper Fishery of the South Atlantic; 2017 the 2012 Fine Particulate Matter Standard 0142; FRL-9980-57-Region 4] received July 13, Recreational Accountability Measure and [EPA-R03-OAR-2017-0337; FRL-9980-68-Region 2018, pursuant to 5 U.S.C. 801(a)(1)(A); Public Closure for Greater Amberjack [Docket No.: 3] received July 13, 2018, pursuant to 5 U.S.C. Law 104-121, Sec. 251; (110 Stat. 868); to the 140819686-5999-02] (RIN:0648-XF779) received 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 Committee on Energy and Commerce. July 13, 2018, pursuant to 5 U.S.C. 5727. A letter from the Assistant Secretary, Stat. 868); to the Committee on Energy and 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 Legislative Affairs, Department of State, Commerce. Stat. 868); to the Committee on Natural Re- transmitting Transmittal No. DDTC 18-031, 5719. A letter from the Director, Regu- sources. pursuant to the reporting requirements of latory Management Division, Environmental 5739. A letter from the Acting Director, Of- Section 40(g)(2) of the Arms Export Control Protection Agency, transmitting the Agen- fice of Sustainable Fisheries, NMFS, Na- Act; to the Committee on Foreign Affairs. cy’s direct final rule — National Oil and Haz- tional Oceanic and Atmospheric Administra- 5728. A letter from the Assistant Secretary, ardous Substances Pollution Contingency tion, transmitting the Administration’s tem- Legislative Affairs, Department of State, Plan; National Priorities List: Partial Dele- porary rule — Authorization of Revised Re- transmitting Transmittal No. DDTC 17-143, tion of the Naval Industrial Reserve Ord- porting Requirements Due to Catastrophic pursuant to the reporting requirements of nance Plant Superfund Site [EPA-HQ- Conditions for Federal Seafood Dealers and Section 36(d) of the Arms Export Control SFUND-1989-0007; FRL-9980-71-Region 5] re- Individual Fishing Quota Dealers in Portions Act; to the Committee on Foreign Affairs. of Florida [Docket Nos.: 090206140-91081-03 ceived July 13, 2018, pursuant to 5 U.S.C. 5729. A letter from the Assistant Secretary, 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 and 120405260-4258-02] (RIN: 0648-XF723) re- Legislative Affairs, Department of State, ceived July 13, 2018, pursuant to 5 U.S.C. Stat. 868); to the Committee on Energy and transmitting Transmittal No. DDTC 17-109, Commerce. 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 pursuant to the reporting requirements of Stat. 868); to the Committee on Natural Re- 5720. A letter from the Director, Regu- Section 36(c) of the Arms Export Control latory Management Division, Environmental sources. Act; to the Committee on Foreign Affairs. 5740. A letter from the Vice Chairman and Protection Agency, transmitting the Agen- 5730. A letter from the Assistant Secretary, Executive Director, Administrative Con- cy’s direct final rule — National Oil and Haz- Legislative Affairs, Department of State, ference of the United States, transmitting ardous Substances Pollution Contingency transmitting Transmittal No. DDTC 17-092, recommendations adopted by the Conference Plan; National Priorities List: Partial Dele- pursuant to the reporting requirements of at its 69th plenary session; to the Committee tion of the Beloit Corporation Superfund Section 36(c) of the Arms Export Control on the Judiciary. Site [EPA-HQ-SFUND-1990-0011; FRL-9980-64- Act; to the Committee on Foreign Affairs. 5741. A letter from the Chief, Publications Region 5] received July 13, 2018, pursuant to 5731. A letter from the Assistant Secretary, and Regulations Branch, Internal Revenue 5 U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. Legislative Affairs, Department of State, Service, transmitting the Service’s final reg- 251; (110 Stat. 868); to the Committee on En- transmitting Transmittal No. DDTC 18-004, ulations, temporary regulations, and re- ergy and Commerce. pursuant to the reporting requirements of moval of temporary regulations — Inversions 5721. A letter from the Director, Regu- Section 36(c) of the Arms Export Control and Related Transactions [TD 9834] (RIN: latory Management Division, Environmental Act; to the Committee on Foreign Affairs. Protection Agency, transmitting the Agen- 5732. A letter from the Assistant Secretary, 1545-BO20; 1545-BO22) received July 13, 2018, cy’s final rule — Approval and Promulgation Legislative Affairs, Department of State, pursuant to 5 U.S.C. 801(a)(1)(A); Public Law of Air Quality Implementation Plans; Mary- transmitting Transmittal No. DDTC 18-007, 104-121, Sec. 251; (110 Stat. 868); to the Com- land; Emissions Statement Requirement for pursuant to the reporting requirements of mittee on Ways and Means. the 2008 Ozone Standard [EPA-R03-OAR-2017- Section 36(c) of the Arms Export Control f 0637; FRL-9980-70-Region 3] received July 13, Act; to the Committee on Foreign Affairs. 2018, pursuant to 5 U.S.C. 801(a)(1)(A); Public 5733. A letter from the Assistant Secretary, REPORTS OF COMMITTEES ON Law 104-121, Sec. 251; (110 Stat. 868); to the Legislative Affairs, Department of State, PUBLIC BILLS AND RESOLUTIONS Committee on Energy and Commerce. transmitting a certification pursuant to the Under clause 2 of rule XIII, reports of 5722. A letter from the Director, Regu- reporting requirements of Sec. 36(c) and 36(d) committees were delivered to the Clerk latory Management Division, Environmental of the Arms Export Control Act, as amended for printing and reference to the proper Protection Agency, transmitting the Agen- (Transmittal No.: DDTC 17-119); to the Com- cy’s final rule — Air Plan Approval; Ten- mittee on Foreign Affairs. calendar, as follows: nessee; Revisions to Stage I and II Vapor Re- 5734. A letter from the Chairman, Council Mr. BISHOP of Utah: Committee on Nat- covery Requirements [EPA-R04-OAR-2017- of the District of Columbia, transmitting DC ural Resources. H.R. 6077. A bill recognizing 0740; FRL-9980-81-Region 4] received July 13, Act 22-411, ‘‘All-Terrain Vehicle Clarification the National Comedy Center in Jamestown, 2018, pursuant to 5 U.S.C. 801(a)(1)(A); Public Temporary Amendment Act of 2018’’, pursu- New York (Rept. 115–854). Referred to the Law 104-121, Sec. 251; (110 Stat. 868); to the ant to Public Law 93-198, Sec. 602(c)(1); (87 House Calendar. Committee on Energy and Commerce. Stat. 814); to the Committee on Oversight Mr. BISHOP of Utah: Committee on Nat- 5723. A letter from the Director, Regu- and Government Reform. ural Resources. H.R. 5979. A bill to establish latory Management Division, Environmental 5735. A letter from the Chairman, Council the Mill Springs Battlefield National Monu- Protection Agency, transmitting the Agen- of the District of Columbia, transmitting DC ment in the State of Kentucky as a unit of

VerDate Sep 11 2014 05:23 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\CR\FM\L23JY7.000 H23JYPT1 dlhill on DSK3GLQ082PROD with HOUSE H6648 CONGRESSIONAL RECORD — HOUSE July 23, 2018 the National Park System, and for other taining and building American infrastruc- H.R. 6468. A bill to direct that certain as- purposes; with an amendment (Rept. 115–855). ture, and for other purposes; to the Com- sessments with respect to toxicity of chemi- Referred to the Committee of the Whole mittee on Ways and Means, and in addition cals be carried out by the program offices of House on the state of the Union. to the Committees on Energy and Com- the Environmental Protection Agency, and Mr. BISHOP of Utah: Committee on Nat- merce, Natural Resources, Education and the for other purposes; to the Committee on ural Resources. H.R. 5613. A bill to designate Workforce, Transportation and Infrastruc- Science, Space, and Technology, and in addi- the Quindaro Townsite in Kansas City, Kan- ture, Science, Space, and Technology, and tion to the Committee on Energy and Com- sas, as a National Historic Landmark, and Agriculture, for a period to be subsequently merce, for a period to be subsequently deter- for other purposes; with amendments (Rept. determined by the Speaker, in each case for mined by the Speaker, in each case for con- 115–856). Referred to the Committee of the consideration of such provisions as fall with- sideration of such provisions as fall within Whole House on the state of the Union. in the jurisdiction of the committee con- the jurisdiction of the committee concerned. Mr. BRADY of Texas: Committee on Ways cerned. By Mr. WILLIAMS (for himself, Mr. and Means. H.R. 519. A bill to amend the In- By Ms. SPEIER (for herself, Mr. POE of RICHMOND, Mr. FASO, Ms. BARRAGA´ N, ternal Revenue Code of 1986 to facilitate Texas, Ms. KUSTER of New Hamp- Mr. SHUSTER, Mrs. LOVE, Mr. NOR- water leasing and water transfers to promote shire, and Mr. FITZPATRICK): MAN, Mr. BUDD, Mr. MARINO, Mr. KING conservation and efficiency; with an amend- H.R. 6464. A bill to amend the Higher Edu- of New York, Mr. STIVERS, Mr. ROSS, ment (Rept. 115–857). Referred to the Com- cation Act of 1965 to increase transparency Mr. CHABOT, Ms. NORTON, Mr. mittee of the Whole House on the state of and reporting on campus sexual violence, SERRANO, Mr. COLLINS of New York, the Union. and for other purposes; to the Committee on Mr. PAYNE, Mr. HIGGINS of New York, Mr. GOODLATTE: Committee on the Judi- Education and the Workforce, and in addi- Mr. BARTON, Mr. MESSER, Mr. SHIM- ciary. H.R. 5954. A bill to amend title 18, tion to the Committee on the Judiciary, for KUS, Mr. SCALISE, Mr. MARSHALL, Mr. United States Code, to clarify the meaning a period to be subsequently determined by MOOLENAAR, Mr. WENSTRUP, Mr. of the terms ‘‘act of war’’ and ‘‘blocked the Speaker, in each case for consideration JOHNSON of Louisiana, Mr. WILSON of asset’’, and for other purposes; with an of such provisions as fall within the jurisdic- South Carolina, Mr. AUSTIN SCOTT of amendment (Rept. 115–858). Referred to the tion of the committee concerned. Georgia, Mr. ALLEN, Mr. FLORES, Mr. Committee of the Whole House on the state By Mr. SCALISE: LAMBORN, Mr. POSEY, Mr. LAMALFA, H.R. 6465. A bill to repeal certain provi- of the Union. Mr. HULTGREN, Mr. BANKS of Indiana, sions of the Communications Act of 1934, Mr. GOODLATTE: Committee on the Judi- Mr. COLE, Mr. GOSAR, Mr. KELLY of title 17 of the United States Code, and the ciary. H.R. 1689. A bill to protect private Mississippi, Mr. MITCHELL, Mr. VELA, regulations of the Federal Communications property rights (Rept. 115–859). Referred to Mr. CRIST, Mr. JOHNSON of Ohio, Mr. Commission that intervened in the tele- the Committee of the Whole House on the SESSIONS, Mr. FITZPATRICK, Mr. vision marketplace, and for other purposes; state of the Union. BARLETTA, Ms. EDDIE BERNICE JOHN- to the Committee on Energy and Commerce, Mr. BURGESS: Committee on Rules. House SON of Texas, Ms. WILSON of Florida, and in addition to the Committee on the Ju- Resolution 1011. Resolution providing for Mr. BISHOP of Georgia, Mr. RODNEY diciary, for a period to be subsequently de- consideration of the bill (H.R. 184) to amend DAVIS of Illinois, Mr. PEARCE, Mr. MI- termined by the Speaker, in each case for the Internal Revenue Code of 1986 to repeal CHAEL F. DOYLE of Pennsylvania, Mr. consideration of such provisions as fall with- the excise tax on medical devices, and pro- MCEACHIN, Mr. HASTINGS, Mr. COHEN, in the jurisdiction of the committee con- viding for consideration of the bill (H.R. 6311) Mr. VEASEY, Mr. CLAY, Ms. LEE, Ms. cerned. to amend the Internal Revenue Code of 1986 ADAMS, Mr. LOEBSACK, Mr. CLEAVER, By Mr. SWALWELL of California: Mr. SCOTT of Virginia, Mr. and the Patient Protection and Affordable H.R. 6466. A bill to amend title 18, United BUTTERFIELD, Ms. CLARKE of New Care Act to modify the definition of quali- States Code, to prohibit corrupt foreign in- York, Ms. FUDGE, Mr. RUIZ, Mr. fied health plan for purposes of the health influence over the President, the Vice Presi- LEWIS of Georgia, Mrs. BEATTY, Ms. surance premium tax credit and to allow in- dent, and their immediate family members, BLUNT ROCHESTER, Mrs. DEMINGS, Mr. dividuals purchasing health insurance in the and for other purposes; to the Committee on CLYBURN, Mr. EVANS, Mr. AL GREEN individual market to purchase a lower pre- the Judiciary, and in addition to the Com- of Texas, Mrs. WATSON COLEMAN, Ms. mium copper plan (Rept. 115–860). Referred to mittee on Oversight and Government Re- JACKSON LEE, Mr. JOHNSON of Geor- the House Calendar. form, for a period to be subsequently deter- gia, Ms. KELLY of Illinois, Mr. RUSH, Mr. BURGESS: Committee on Rules. House mined by the Speaker, in each case for con- Resolution 1012. Resolution providing for and Mr. THOMPSON of Mississippi): sideration of such provisions as fall within H.R. 6469. A bill to require the Secretary of consideration of the bill (H.R. 6199) to amend the jurisdiction of the committee concerned. the Internal Revenue Code of 1986 to include the Treasury to mint commemorative coins By Mrs. WATSON COLEMAN (for her- in recognition of the 75th anniversary of the certain over-the-counter medical products as self, Mr. KHANNA, Mr. THOMPSON of qualified medical expenses, and providing for integration of baseball; to the Committee on Mississippi, Ms. CLARKE of New York, Financial Services. proceedings during the period from July 27, Mr. HASTINGS, Ms. LEE, Mr. POCAN, 2018, through September 3, 2018 (Rept. 115– By Mrs. HARTZLER: Ms. KELLY of Illinois, Mrs. LAW- H.R. 6471. A bill to amend the Rehabilita- 861). Referred to the House Calendar. RENCE, Mrs. BEATTY, Mr. BROWN of Mr. COLE: Committee on Appropriations. tion Act of 1973 to clarify the use of submin- Maryland, Mr. CARSON of Indiana, imum wage with respect to certain con- H.R. 6470. A bill making appropriations for Mr. CLAY, Mr. CLEAVER, Mr. CUM- the Departments of Labor, Health and tracts; to the Committee on Education and MINGS, Ms. FUDGE, Mr. AL GREEN of the Workforce. Human Services, and Education, and related Texas, Mr. JEFFRIES, Ms. EDDIE BER- agencies for the fiscal year ending Sep- By Ms. BASS (for herself, Mr. ROYCE of NICE JOHNSON of Texas, Mr. JOHNSON California, Mr. ENGEL, Mr. RUSH, and tember 30, 2019, and for other purposes (Rept. of Georgia, Ms. JACKSON LEE, Mr. 115–862). Referred to the Committee of the Mr. SHERMAN): LEWIS of Georgia, Mr. MCEACHIN, Ms. H.R. 6472. A bill to amend the Zimbabwe Whole House on the state of the Union. NORTON, Mr. PAYNE, Ms. PLASKETT, Democracy and Economic Recovery Act of Mr. THORNBERRY: Committee of Con- Mr. RUSH, Mr. DAVID SCOTT of Geor- 2001; to the Committee on Financial Serv- ference. Conference report on H.R. 5515. A gia, Mr. ELLISON, Mr. BRADY of Penn- ices, and in addition to the Committee on bill to authorize appropriations for fiscal sylvania, Mr. GRIJALVA, Mr. Foreign Affairs, for a period to be subse- year 2019 for military activities of the De- SERRANO, and Mr. EVANS): quently determined by the Speaker, in each partment of Defense and for military con- H.R. 6467. A bill to require the Secretary of case for consideration of such provisions as struction, to prescribe military personnel Labor to establish a pilot program to provide fall within the jurisdiction of the committee strengths for such fiscal year, and for other grants for job guarantee programs; to the concerned. purposes (Rept. 115–863). Ordered to be print- Committee on Education and the Workforce, By Ms. DELAURO: ed. and in addition to the Committee on Ways H.R. 6473. A bill to increase transparency f and Means, for a period to be subsequently with respect to loan repayment options for determined by the Speaker, in each case for Federal student loan borrowers; to the Com- PUBLIC BILLS AND RESOLUTIONS consideration of such provisions as fall with- mittee on Education and the Workforce. Under clause 2 of rule XII, public in the jurisdiction of the committee con- By Ms. GABBARD (for herself, Mr. bills and resolutions of the following cerned. BISHOP of Georgia, Mr. POCAN, Ms. By Mr. BIGGS (for himself, Mr. SMITH titles were introduced and severally re- MICHELLE LUJAN GRISHAM of New of Texas, Mr. LUCAS, Mr. NORMAN, Mexico, Mr. ESPAILLAT, Ms. ferred, as follows: Mr. ROHRABACHER, Mr. POSEY, Mr. DELAURO, Mr. GRIJALVA, Mr. THOMP- By Mr. CURBELO of Florida (for him- WEBER of Texas, Mr. BABIN, Mr. HIG- SON of Mississippi, Ms. HANABUSA, self and Mr. FITZPATRICK): GINS of Louisiana, Mrs. LESKO, Mr. Mr. RYAN of Ohio, Ms. JACKSON LEE, H.R. 6463. A bill to amend the Internal Rev- HULTGREN, Mr. ABRAHAM, Mr. WEB- Ms. NORTON, Mr. CARBAJAL, and Mr. enue Code of 1986 to eliminate certain fuel STER of Florida, Mr. MARSHALL, Mr. MCGOVERN): excise taxes and impose a tax on greenhouse DUNN, Mr. WESTERMAN, and Mr. H.R. 6474. A bill to amend the Agricultural gas emissions to provide revenue for main- MOOLENAAR): Research, Extension, and Education Reform

VerDate Sep 11 2014 05:17 Oct 17, 2018 Jkt 079060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\RECORD18\JULY\H23JY8.REC H23JY8 abonner on DSKBCJ7HB2PROD with CONG-REC-ONLINE July 23, 2018 CONGRESSIONAL RECORD — HOUSE H6649 Act of 1998 to address deferred maintenance porting the designation of July 24th as Na- 229. Also, a memorial of the General As- at agricultural research facilities, and for tional Advocacy Day; to the Committee on sembly of the State of New Jersey, relative other purposes; to the Committee on Agri- Oversight and Government Reform. to Assembly Resolution No. 175, condemning culture. By Ms. JACKSON LEE (for herself, Ms. the federal government’s policy of sepa- By Mr. GALLAGHER: KAPTUR, Ms. BASS, Mrs. WATSON rating immigrant children from their fami- H.R. 6475. A bill to require a determination COLEMAN, Ms. LEE, Mr. LEWIS of lies and contends that the federal govern- on designation of the Russian Federation as Georgia, Ms. CLARK of Massachu- ment’s actions are sanctioned child abuse; a state sponsor of terrorism; to the Com- setts, Ms. SHEA-PORTER, Mr. DOG- which was referred to the Committee on the mittee on Foreign Affairs. GETT, and Mr. KILDEE): Judiciary. By Mr. JOHNSON of Ohio: H. Res. 1014. A resolution accepting and 230. Also, a memorial of the Senate of the H.R. 6476. A bill to direct the Adminis- strongly supporting the assessment of the in- State of Hawaii, relative to Senate Resolu- trator of the Environmental Protection telligence community with respect to Rus- tion No. 37, endorsing the participation of Agency to ensure that the treatment of nat- sian Federation interference in the 2016 pres- Taiwan as an observer in the United Nations ural gas vehicles is equal to the treatment of idential election and calling on the Presi- Framework Convention on Climate Change, electric vehicles; to the Committee on En- dent of the United States to rescind the invi- International Civil Aviation Organization, ergy and Commerce. tation to President Vladimir Putin, and for World Health Organization, and Inter- By Ms. MOORE: other purposes; to the Committee on Foreign national Criminal Police Organization; H.R. 6477. A bill to include lead poisoning Affairs, and in addition to the Committee on which was referred jointly to the Commit- prevention and mitigation education as a Intelligence (Permanent Select), for a period tees on Foreign Affairs and Ways and Means. purpose of the education and obesity preven- to be subsequently determined by the Speak- tion program carried out under the Food and er, in each case for consideration of such pro- f Nutrition Act of 2008, and for other purposes; visions as fall within the jurisdiction of the CONSTITUTIONAL AUTHORITY to the Committee on Agriculture. committee concerned. STATEMENT By Mr. SARBANES (for himself and By Mr. LANCE (for himself and Mr. Mr. JOHNSON of Ohio): KRISHNAMOORTHI): Pursuant to clause 7 of rule XII of H.R. 6478. A bill to enhance competition for H. Res. 1015. A resolution commending the the Rules of the House of Representa- prescription drugs by increasing the ability Department of Justice for its investigation tives, the following statements are sub- of the Department of Justice and Federal into the interference by the Russian Federa- mitted regarding the specific powers Trade Commission to enforce existing anti- tion in the 2016 United States Presidential granted to Congress in the Constitu- trust laws regarding biologic and biosimilar election, and maintaining that the Russian tion to enact the accompanying bill or products, and for other purposes; to the Com- Federation must be held accountable for its mittee on Energy and Commerce. actions; to the Committee on Foreign Af- joint resolution. By Mr. RUSSELL (for himself, Mr. fairs, and in addition to the Committees on By Mr. CURBELO of Florida: COOK, Mr. HUDSON, Ms. MCSALLY, Ms. Intelligence (Permanent Select), the Judici- H.R. 6463. CHENEY, Mr. PEARCE, Mr. ABRAHAM, ary, Oversight and Government Reform, Fi- Congress has the power to enact this legis- Mr. BACON, Mr. GALLAGHER, Mr. nancial Services, and Ways and Means, for a lation pursuant to the following: KELLY of Mississippi, Mrs. ROBY, and period to be subsequently determined by the Article 1, Section 8 of the United States Mr. WITTMAN): Speaker, in each case for consideration of Constitution H. Res. 1007. A resolution expressing the such provisions as fall within the jurisdic- By Ms. SPEIER: sense of the House of Representatives that tion of the committee concerned. H.R. 6464. not fully resourcing the United States Army By Mr. RUPPERSBERGER (for himself Congress has the power to enact this legis- in a timely manner erodes the Army’s abil- and Mr. FITZPATRICK): lation pursuant to the following: ity to maintain readiness and poses risk to H. Res. 1016. A resolution concurring in the This bill is enacted pursuant to the power the Army’s ability to conduct military oper- judgement of the assessment provided by the granted to Congress under Article 1, Section ations; to the Committee on Armed Services. United States intelligence community re- 8 of the United States Constitution. By Mr. ENGEL (for himself and Mr. garding Russian interference in the 2016 pres- By Mr. SCALISE: SCHIFF): idential election; to the Committee on Intel- H.R. 6465. H. Res. 1008. A resolution affirming the ligence (Permanent Select). Congress has the power to enact this legis- United States’ commitment to the North At- f lation pursuant to the following: lantic Treaty Organization and condemning Article I, Section 8, Clause 3 of the United President Donald Trump’s failure to con- MEMORIALS States Constitution. front Vladimir Putin for Russia’s election in- Under clause 3 of rule XII, memorials By Mr. SWALWELL of California: terference and worldwide aggression, and for were presented and referred as follows: H.R. 6466. Congress has the power to enact this legis- other purposes; to the Committee on Foreign 225. The SPEAKER presented a memorial lation pursuant to the following: Affairs, and in addition to the Committee on of the Senate of the State of Hawaii, relative Article I, Section 8, Clauses 1, 3, and 18; Ar- Intelligence (Permanent Select), for a period to Senate Resolution No. 44, requesting the ticle I, Section 9, Clause 8 to be subsequently determined by the Speak- United States Congress to make permanent er, in each case for consideration of such pro- the authority of the Native Hawaiian Health By Mrs. WATSON COLEMAN: visions as fall within the jurisdiction of the Care Improvement Act, with all the funding H.R. 6467. committee concerned. resources necessary to effect this policy; Congress has the power to enact this legis- By Mr. HUDSON (for himself, Mr. GAL- which was referred to the Committee on En- lation pursuant to the following: LAGHER, and Mr. BYRNE): ergy and Commerce. Article I, Section 8, Clause 1 of the Con- H. Res. 1009. A resolution expressing the 226. Also, a memorial of the Senate of the stitution stating that The Congress shall sense of the House of Representatives that State of Hawaii, relative to Senate Resolu- have power to lay and collect taxes, duties, the lack of timely and predictable funding tion No. 11, engaging, endorsing, accepting, imposts and excises, to pay the debts and unnecessarily undermines the mission of the and adopting the United Nations seventeen provide for the common defense and general United States Special Operations Command sustainable development goals as compo- welfare of the United States and jeopardizes the security of the United nents of a framework for addressing and as- By Mr. BIGGS: States; to the Committee on Armed Services. sessing Hawaii’s efforts toward social justice H.R. 6468. By Mr. ARRINGTON (for himself, Mr. and sustainability; which was referred to the Congress has the power to enact this legis- BACON, and Ms. CHENEY): Committee on Foreign Affairs. lation pursuant to the following: H. Res. 1010. A resolution expressing the 227. Also, a memorial of the Senate of the Article I, Section 8, Clause 18 sense of the House of Representatives that State of Hawaii, relative to Senate Resolu- The Congress shall have Power To make the United States Air Force faces significant tion No. 7, urging Hawaii’s congressional del- all Laws which shall be necessary and proper readiness challenges due to insufficient per- egation and the United States Congress to for carrying into Execution the foregoing sonnel levels, a shrinking and depleted air- oppose federal ‘‘concealed carry reciprocity’’ Powers, and all other Powers vested by this craft fleet, and maintenance deferrals, all of legislation; which was referred to the Com- Constitution in the Government of the which are affected by budgetary uncertainty mittee on the Judiciary. United States, or in any Department or Offi- and impede the Air Force’s ability to meet 228. Also, a memorial of the Senate of the cer thereof. ongoing and unexpected national security State of Hawaii, relative to Senate Resolu- By Mr. WILLIAMS: threats, putting United States national secu- tion No. 92, urging the United States Con- H.R. 6469. rity at risk; to the Committee on Armed gress to pass legislation to clarify the status Congress has the power to enact this legis- Services. of migrants under the Compacts of Free As- lation pursuant to the following: By Mr. KRISHNAMOORTHI (for him- sociation for purposes of the REAL ID Act of Clause 5 of Section 8 of Article I of the self, Mr. YODER, Ms. NORTON, and Mr. 2005, Public Law 109-13, 119 Stat. 302, to pro- Constitution: ‘‘The Congress shall have the QUIGLEY): mote fairness and equality under the law; power . . . to coin Money, regulate the Value H. Res. 1013. A resolution celebrating civic which was referred to the Committee on the thereof, and of foreign Coin, and fix the advocacy in the United States and sup- Judiciary. Standard of Weights and Measures.’’

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By Mr. COLE: H.R. 371: Mr. GUTIE´ RREZ and Mr. H.R. 4693: Mr. MICHAEL F. DOYLE of Penn- H.R. 6470 KRISHNAMOORTHI. sylvania. Congress has the power to enact this legis- H.R. 398: Ms. MICHELLE LUJAN GRISHAM of H.R. 4733: Mr. JENKINS of West Virginia, lation pursuant to the following: New Mexico. Mr. O’ROURKE, and Mr. COHEN. The principal constitutional authority for H.R. 502: Mr. COFFMAN and Mr. WILSON of H.R. 4897: Mrs. MURPHY of Florida, Ms. this legislation is clause 7 of section 9 of ar- South Carolina. KUSTER of New Hampshire, and Mr. KEN- ticle I of the Constitution of the United H.R. 647: Mr. SOTO. NEDY. States (the appropriation power), which H.R. 754: Mrs. MURPHY of Florida, Mr. H.R. 4957: Ms. LOFGREN and Ms. ROYBAL- states: ‘‘No Money shall be drawn from the DESAULNIER, Mr. STIVERS, Ms. HERRERA ALLARD. Treasury, but in Consequence of Appropria- BEUTLER, Mr. VALADAO, Mr. MOOLENAAR, Mr. H.R. 5003: Mr. DONOVAN. tions made by Law . . . .’’ In addition, clause BYRNE, Mr. DENHAM, and Mr. SCHRADER. H.R. 5011: Ms. PINGREE and Mr. PANETTA. 1 of section 8 of article I of the Constitution H.R. 930: Mr. JONES, Mr. GOSAR, Mrs. H.R. 5038: Mr. LYNCH. (the spending power) provides: ‘‘The Con- RADEWAGEN, and Mr. GUTHRIE. H.R. 5107: Mr. STIVERS and Mrs. LESKO. gress shall have the Power . . . to pay the H.R. 936: Mr. GOHMERT. H.R. 5129: Mr. GUTIE´ RREZ, Ms. SHEA-POR- Debts and provide for the common Defence H.R. 947: Mr. CLEAVER. TER, Ms. HANABUSA, and Mr. CAPUANO. and general Welfare of the United States . . . H.R. 997: Mrs. BLACK. H.R. 5132: Mr. GOHMERT. .’’ Together, these specific constitutional H.R. 1098: Mr. ROSKAM. H.R. 5145: Mr. POCAN and Mr. CLAY. provisions establish the congressional power H.R. 1102: Mr. KRISHNAMOORTHI, Ms. H.R. 5147: Mr. CAPUANO. ´ of the purse, granting Congress the author- VELA´ ZQUEZ, and Mr. CAPUANO. H.R. 5155: Mr. CARDENAS and Mr. KILMER. H.R. 5281: Mr. BUCK and Mr. COLE. ity to appropriate funds, to determine their H.R. 1201: Mr. KELLY of Pennsylvania and H.R. 5292: Ms. MENG. purpose, amount, and period of availability, Mr. KINZINGER. H.R. 5306: Mr. HUDSON. and to set forth terms and conditions gov- H.R. 1272: Mr. PAYNE, Mr. THOMPSON of H.R. 5389: Mr. THOMPSON of California. erning their use. Mississippi, Mr. JOHNSON of Georgia, and Mr. H.R. 5425: Ms. LOFGREN. By Mrs. HARTZLER: HASTINGS. H.R. 5467: Mr. AGUILAR. H.R. 6471. H.R. 1291: Mr. SCHIFF and Mr. HIGGINS of H.R. 5545: Mr. PAYNE, Ms. VELA´ ZQUEZ, Mr. Congress has the power to enact this legis- New York. GALLEGO, Mr. BRADY of Pennsylvania, Ms. lation pursuant to the following: H.R. 1298: Mr. FERGUSON, Mr. MCEACHIN, MCCOLLUM, Mr. TONKO, Mr. GARAMENDI, Mr. Article I, Section 8 and Mr. LOUDERMILK. NADLER, and Mr. GRIJALVA. By Ms. BASS: H.R. 1300: Mr. BRENDAN F. BOYLE of Penn- H.R. 5553: Ms. LOFGREN. H.R. 6472. sylvania, Mr. BACON, and Mr. NADLER. H.R. 5561: Mr. FITZPATRICK. Congress has the power to enact this legis- H.R. 1421: Mr. CLEAVER. H.R. 5574: Mr. POLIQUIN. lation pursuant to the following: H.R. 1439: Mrs. BEATTY, Mr. CAPUANO, Ms. H.R. 5588: Ms. ESTY of Connecticut. ´ This resolution is enacted pursuant to the VELAZQUEZ, and Mr. HIGGINS of New York. H.R. 5609: Ms. KAPTUR and Ms. JUDY CHU of power granted in Congress under Article I, H.R. 1516: Mr. JOHNSON of Georgia. California. Section I. H.R. 1542: Mr. ROE of Tennessee and Mr. H.R. 5670: Ms. LOFGREN and Mr. CAPUANO. By Ms. DELAURO: PAYNE. H.R. 5671: Mrs. TORRES, Mr. CLEAVER, Mr. H.R. 6473. H.R. 1552: Mr. LATTA. PAYNE, Ms. MOORE, Ms. MAXINE WATERS of Congress has the power to enact this legis- H.R. 1635: Mr. CARTER of Georgia. California, Ms. MATSUI, Mr. POE of Texas, lation pursuant to the following: H.R. 1876: Mr. CLEAVER. Mrs. WALORSKI, and Mr. CRAWFORD. Article I, Section 8 of the U.S. Constitu- H.R. 1904: Ms. HANABUSA. H.R. 5754: Mr. CONNOLLY. tion H.R. 1960: Ms. ROYBAL-ALLARD, Mr. CAPU- H.R. 5860: Mrs. LESKO. By Ms. GABBARD: ANO, and Mr. KRISHNAMOORTHI. H.R. 5879: Mr. ROSS, Mr. RODNEY DAVIS of H.R. 6474. H.R. 2004: Mr. LANCE. Illinois, Ms. MCCOLLUM, Mr. ROTHFUS, Ms. Congress has the power to enact this legis- H.R. 2315: Mrs. WALORSKI, Mr. TAYLOR, and MICHELLE LUJAN GRISHAM of New Mexico, lation pursuant to the following: Mr. DUNN. Mr. HUFFMAN, Mr. GRIJALVA, Mr. CURBELO of U.S. Constitution including Article 1, Sec- H.R. 2401: Mr. LAMB. Florida, Mr. COOK, Mr. AUSTIN SCOTT of tion 8, Clause 1 (General Welfare Clause) and H.R. 2409: Mr. CALVERT. Georgia, Mr. LOWENTHAL, Mr. DEUTCH, Ms. Article 1, Section 8, Clause 18 (Necessary and H.R. 2421: Mr. GALLEGO. GABBARD, Mr. KILMER, Mr. BARLETTA, Mr. Proper Clause), Article 4, Section 3, Clause 2 H.R. 2617: Mr. KATKO. JONES, Mr. PETERS, Mr. BILIRAKIS, Ms. MAT- (Property) H.R. 2687: Mr. KIND. SUI, Mr. MOOLENAAR, Mr. DONOVAN, Ms. LOF- By Mr. GALLAGHER: H.R. 2748: Mr. CICILLINE. GREN, Ms. PINGREE, Mr. BISHOP of Michigan, H.R. 6475. H.R. 2790: Mr. LAMB. Ms. MOORE, Mr. MOULTON, Mr. COHEN, Mr. Congress has the power to enact this legis- H.R. 2827: Mr. CICILLINE, Mr. GALLEGO, and KILDEE, Mr. MASSIE, Ms. MENG, Mr. SCHIFF, lation pursuant to the following: Mr. QUIGLEY. Mr. NOLAN, Mr. BABIN, Mr. CRAWFORD, Miss Article 1, Section 8, Clause 3 of the Con- H.R. 2832: Mrs. LESKO. RICE of New York, Ms. SCHAKOWSKY, and Ms. USTER stitution, which enumerates the power to H.R. 2853: Ms. K of New Hampshire. JUDY CHU of California. ‘‘To regulate commerce with foreign na- H.R. 2871: Mr. SHIMKUS. H.R. 5882: Ms. TITUS. tions.’’ H.R. 2946: Mr. GIANFORTE. H.R. 6011: Ms. NORTON. By Mr. JOHNSON of Ohio: H.R. 3032: Mrs. MURPHY of Florida and Miss H.R. 6014: Mr. KELLY of Pennsylvania and ´ ´ H.R. 6476. GONZALEZ-COLON of Puerto Rico. Mr. TAKANO. ´ Congress has the power to enact this legis- H.R. 3132: Mr. POLIS, Mr. GUTIERREZ, and H.R. 6016: Mr. POCAN. lation pursuant to the following: Mr. CAPUANO. H.R. 6071: Mr. CROWLEY and Mr. RASKIN. Clause 3 of section 8 of article 1 of the U.S. H.R. 3302: Mr. SARBANES. H.R. 6079: Mr. WALKER. Constitution H.R. 3464: Mr. JEFFRIES. H.R. 6080: Ms. LOFGREN. By Ms. MOORE: H.R. 3513: Ms. WILSON of Florida. H.R. 6108: Ms. LOFGREN. H.R. 6477. H.R. 3592: Mr. BLUMENAUER. H.R. 6131: Mr. TED LIEU of California and Congress has the power to enact this legis- H.R. 3602: Mr. CLEAVER. Ms. SHEA-PORTER. lation pursuant to the following: H.R. 3635: Mrs. LESKO. H.R. 6145: Ms. NORTON. The power to provide for the general Wel- H.R. 3671: Ms. JUDY CHU of California. H.R. 6159: Mr. ROKITA. fare of the United States under Article 1, H.R. 3751: Mr. KRISHNAMOORTHI. H.R. 6179: Mr. WEBER of Texas. Section 8 H.R. 3798: Mr. MARSHALL. H.R. 6184: Ms. ESTY of Connecticut, Mr. By Mr. SARBANES: H.R. 3919: Mr. GROTHMAN. KIND, Mr. MCGOVERN, Mr. ESPAILLAT, Ms. H.R. 6478. H.R. 3976: Miss GONZA´ LEZ-COLO´ N of Puerto SCHAKOWSKY, Ms. CASTOR of Florida, and Congress has the power to enact this legis- Rico and Mr. YOUNG of Iowa. Mrs. LAWRENCE. lation pursuant to the following: H.R. 4077: Miss RICE of New York and Ms. H.R. 6219: Mr. GOODLATTE. Article I, Section 8 of the U.S. Constitu- STEFANIK. H.R. 6231: Mr. NORCROSS. tion. H.R. 4099: Ms. DELAURO, Mr. CA´ RDENAS, H.R. 6236: Ms. MOORE. f Mrs. LESKO, and Ms. MAXINE WATERS of Cali- H.R. 6249: Mr. MCGOVERN, Mr. PANETTA, fornia. and Mr. SMITH of Washington. ADDITIONAL SPONSORS H.R. 4222: Ms. LOFGREN. H.R. 6270: Mr. DESAULNIER. Under clause 7 of rule XII, sponsors H.R. 4250: Mr. GOTTHEIMER. H.R. 6275: Mrs. CAROLYN B. MALONEY of H.R. 4256: Mr. CLEAVER, Mrs. MCMORRIS New York and Mr. KING of New York. were added to public bills and resolu- RODGERS, Mr. CHABOT, and Mr. HUFFMAN. H.R. 6292: Mr. ZELDIN. tions, as follows: H.R. 4276: Mr. CAPUANO. H.R. 6295: Mr. SCHNEIDER. H.R. 184: Ms. BARRAGA´ N. H.R. 4314: Mr. SCHNEIDER. H.R. 6308: Ms. MOORE. H.R. 242: Mr. RUSH, Mr. PAYNE, Ms. JACK- H.R. 4673: Ms. HERRERA BEUTLER. H.R. 6325: Mr. JOHNSON of Georgia, Ms. SON LEE, Mr. RYAN of Ohio, and Mr. MICHAEL H.R. 4691: Mr. MICHAEL F. DOYLE of Penn- MCCOLLUM, Mr. ESPAILLAT, and Mr. F. DOYLE of Pennsylvania. sylvania. GUTIE´ RREZ.

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H.R. 6326: Ms. VELA´ ZQUEZ. H.J. Res. 31: Mr. JOHNSON of Georgia, Mr. OFFERED BY MR. KEVIN BRADY H.R. 6358: Ms. WASSERMAN SCHULTZ, Ms. CAPUANO, and Mr. GUTIE´ RREZ. The provisions that warranted a referral to HANABUSA, Mr. COHEN, Ms. SCHAKOWSKY, and H.J. Res. 53: Mr. LEWIS of Georgia. the Committee on Ways and Means in H.R. Miss RICE of New York. H. Con. Res. 10: Ms. TENNEY and Mr. 5963 do not contain any congressional ear- H.R. 6377: Mrs. MCMORRIS RODGERS and Mr. LOEBSACK. marks, limited tax benefits, or limited tariff BEN RAY LUJA´ N of New Mexico. H. Con. Res. 72: Ms. SA´ NCHEZ, Mr. MARINO, benefits as defined in clause 9 of rule XXI. H.R. 6378: Mr. ROUZER, Mr. MOOLENAAR, Mr. Mr. ISSA, and Mr. DESAULNIER. PETERS, Mr. RUPPERSBERGER, Mrs. WATSON H. Res. 283: Ms. SHEA-PORTER. COLEMAN, Mr. POCAN, Mr. GARAMENDI, and H. Res. 319: Mr. LAMBORN. f Mr. HUDSON. H. Res. 763: Mr. POE of Texas, Mr. H.R. 6395: Mr. LARSEN of Washington. FITZPATRICK, Mr. COOK, and Mr. SESSIONS. DELETION OF SPONSORS FROM H.R. 6409: Mr. RENACCI, Mr. KING of Iowa, H. Res. 864: Ms. VELA´ ZQUEZ, Mr. BRENDAN PUBLIC BILLS AND RESOLUTIONS and Mrs. LESKO. F. BOYLE of Pennsylvania, and Mr. MCGOV- H.R. 6417: Mr. ROTHFUS, Mr. GIBBS, Mr. ERN. Under clause 7 of rule XII, sponsors ARRINGTON, Mr. HUDSON, Mr. HUIZENGA, Mr. H. Res. 975: Mr. PANETTA. were deleted from public bills and reso- MACARTHUR, Mr. BACON, Mr. BISHOP of Utah, H. Res. 977: Ms. SHEA-PORTER. lutions, as follows: Mr. SESSIONS, Mr. BISHOP of Michigan, Mr. H. Res. 993: Mr. VELA, Mrs. NAPOLITANO, H.R. 2069: Mr. KILDEE, Mr. DANNY K. DAVIS BYRNE, and Mr. GUTHRIE. Ms. SCHAKOWSKY, Ms. TENNEY, Mr. DONOVAN, H.R. 6422: Mrs. MIMI WALTERS of California. of Illinois, Mrs. DINGELL, Ms. NORTON, and Ms. SINEMA, Mr. DEFAZIO, Mr. GALLEGO, Mr. H.R. 6423: Mr. POE of Texas. Mr. LOWENTHAL. GONZALEZ of Texas, Mr. MCGOVERN, Mr. H.R. 6426: Ms. CLARKE of New York and Mr. HUFFMAN, Ms. JUDY CHU of California, Mr. MCGOVERN. f H.R. 6437: Ms. KAPTUR, Ms. NORTON, Mr. POCAN, and Mr. CRIST. QUIGLEY, Mr. KIHUEN, Ms. HANABUSA, Mr. f PETITIONS, ETC. MCGOVERN, and Mrs. LOWEY. CONGRESSIONAL EARMARKS, LIM- H.R. 6439: Mr. RATCLIFFE and Mr. GALLA- Under clause 3 of rule XII, ITED TAX BENEFITS, OR LIM- GHER. 118. The SPEAKER presented a petition of H.R. 6443: Mr. DONOVAN. ITED TARIFF BENEFITS Mr. Gregory D. Watson, a citizen of Austin, H.R. 6449: Ms. CLARKE of New York, Mr. Under clause 9 of rule XXI, lists or TX, relative to urging Congress to propose GOTTHEIMER, Mr. CARSON of Indiana, Mr. an amendment to the United States Con- MACARTHUR, and Mr. MCNERNEY. statements on congressional earmarks, H.R. 6450: Mr. MARSHALL, Mr. GOSAR, Mr. limited tax benefits, or limited tariff stitution, pursuant to Article V, that would JORDAN, and Mr. CRAWFORD. benefits were submitted as follows: require a candidate for, or an incumbent of, H.R. 6455: Ms. FRANKEL of Florida, Mr. the United States House of Representatives, GALLEGO, Ms. DEGETTE, Mr. HASTINGS, Ms. OFFERED BY MR. KEVIN BRADY from a State having multiple members of the HERRERA BEUTLER, Mr. LOEBSACK, Mr. DONO- The provisions that warranted a referral to House, to actually reside within the par- VAN, Ms. BROWNLEY of California, Mrs. DAVIS the Committee on Ways and Means in H.R. ticular congressional district for which he or of California, and Mrs. BROOKS of Indiana. 184 do not contain any congressional ear- she is a candidate or an incumbent; which H.R. 6460: Mr. JOHNSON of Louisiana and marks, limited tax benefits, or limited tariff was referred to the Committee on the Judici- Mr. LAMBORN. benefits as defined in clause 9 of rule XXI. ary.

N O T I C E For conference report and statement, see proceedings of the House of July 23, 2018, published in Book II.

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Vol. 164 WASHINGTON, MONDAY, JULY 23, 2018 No. 123 Senate The Senate met at 3 p.m. and was nouncement of who would fill the Su- grown up with two hard-working par- called to order by the President pro preme Court vacancy left by the retire- ents and who still refers to his mom as tempore (Mr. HATCH). ment of Justice Anthony Kennedy. At being the original Judge Kavanaugh f that time, the President had said he because of her service on the State had narrowed the candidates to a field court bench in Maryland. We heard PRAYER of four, all of whom were well known about his being a loving father of two The Chaplain, Dr. Barry C. Black, of- and well qualified. daughters and being referred to as fered the following prayer: I was personally pleased that he had ‘‘Coach K’’ because of the coaching of Let us pray. selected Judge Brett Kavanaugh, a can- his daughters’ basketball teams. We Lord of the Universe, we find our joy didate whom I had been proud to intro- also heard about his being a public from trusting You. Today, we trust in duce and support early in my career in servant who has been devoted to sup- Your promise to supply all our needs the Senate when he was nominated and porting his community and living out from Your glorious riches in Heaven. confirmed to the U.S. Court of Appeals his faith. Yet let’s set all of these char- As we differ in faces, so we are dif- for the DC Circuit. That would have acter traits aside for a moment be- ferent in our needs. Provide for our been back in 2006. His academic back- cause, in the end, these aren’t the pri- needs from the riches of Your grace. ground, his longstanding experience in mary measures we will use to confirm Lord, surround our lawmakers with public service, and his now 12-year this nomination. Judge Kavanaugh graduated with the shield of Your Divine favor. Re- record of faithfully applying the law as honors from Yale College. He attended mind them that they wrestle against an appellant judge on the DC Circuit Yale Law, and he clerked for two Fed- forces that are often stronger and more Court of Appeals, I believe, make him eral appellate judges before clerking determined than they may imagine. exactly the type of jurist we should for Justice Kennedy on the U.S. Su- want to serve on our Nation’s highest Help them to claim Your promise that preme Court. He then went on to pri- Court. You will not withhold any good thing vate practice, and, from there, he went We know the attacks already began from those who do what is right. In- to work at the White House, where he even before the nominee was an- spire our Senators to call on You in all started in the counsel’s office before of life’s seasons. nounced. To me, that was the most becoming the Staff Secretary to Presi- We pray in Your great Name. Amen. telling thing of all. One leftwing dent George W. Bush. f group’s literal fill-in-the-blank press Let me pause there for a moment and release confirmed all of the terrible remind people what the Staff Secretary PLEDGE OF ALLEGIANCE things that nominee xx was going to do does because, I suspect, there are going The President pro tempore led the when nominee xx was nominated to the to be requests for a lot of documents he Pledge of Allegiance, as follows: Supreme Court. Last week, the leader touched during the time he was Staff I pledge allegiance to the Flag of the rightfully referred to this as the ‘‘fill- Secretary. As I understand the role of United States of America, and to the Repub- in-the-blank’’ opposition. If you can Staff Secretary at the White House, lic for which it stands, one nation under God, come out with such certainty and such there has to be one final person who de- indivisible, with liberty and justice for all. vigor against an unnamed nominee, it termines that a document is ready for f looks to me like you really don’t have the President’s signature. Has it been an open mind in the first place. RESERVATION OF LEADER TIME properly vetted for policy statements? Now Judge Kavanaugh’s name has Is it in the correct application of what- The PRESIDING OFFICER (Mr. been filled in, and the attacks have ever the current law is that pertains to YOUNG). Under the previous order, the been more direct and more personal. that topic? More than anything else, it leadership time is reserved. They have attempted to attack his just has to have one final stop that The majority whip. qualifications, but that has sputtered tells the President: OK. We have f out pretty quickly given that Judge checked all of this out. We have con- Kavanaugh’s qualifications are unas- sulted with all of the relevant people, NOMINATION OF BRETT sailable. No one can argue that he is and this document is now ready for KAVANAUGH not impeccably well suited for a seat your signature. Mr. CORNYN. Mr. President, it is on the Nation’s highest Court. In almost no case did Judge hard for me to believe, but it has only The Nation first got a glimpse of Kavanaugh generate the document or been 2 weeks since I was at the White Judge Kavanaugh’s character when he author the document. It was written by House, along with many of our other spoke at the White House. We heard somebody else. He had merely con- colleagues, to await the President’s an- about his being an only child who had firmed it was in its proper shape after

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

S5115

VerDate Sep 11 2014 03:28 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JY6.000 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE S5116 CONGRESSIONAL RECORD — SENATE July 23, 2018 having consulted with the people who Court of Appeals for 12 years is some of paper—every email, every docu- did write it and after having consulted crusader who is determined to under- ment—from Judge Kavanaugh’s career with the authorities who were respon- mine preexisting conditions coverage at the Bush White House. I agree we sible for that policy. for the American people. It is just a should fully vet the nominee, and it I suspect we are going to hear of re- loony idea. It is precisely why we, as makes sense to review documents that quests for millions of documents that elected officials, are the ones to make are important to the confirmation came across his desk while he was Staff the law and to make policy and to rep- process. Secretary, virtually none of which will resent the interests of those we serve. Yet, with nearly half of the Demo- have any bearing whatsoever on his fit- When our constituents don’t think we crats having already announced their ness or qualifications to serve on the are doing a very good job, they can tell opposition to this nomination, why are Supreme Court. us: Hey, you need to be doing a better they requesting these documents? Is it More relevant, though, are the 12 job, and if you don’t, then I am going because it would cause them to recon- years he served on the Federal appel- to exercise my right at the next elec- sider their opposition to his nomina- late bench here in Washington, DC. The tion to vote against you. tion? I think they have pretty much DC Circuit Court has sometimes been Judges, though, are presented not made a political decision to oppose the called the second highest court in the with a policy or a political or an ideo- nomination, so any effort to force the Nation. We have seen Judge Kavanaugh logical agenda that they are supposed production of documents that will not earn a reputation for being a fair, well- to pursue but, rather, with specific have any relevance whatsoever to his respected jurist who has a record of cases and facts. Then they are to apply qualifications makes no sense. Instead, faithfully applying the law as written. the law without having any pre- we know some of these demands are While it is clear that Judge disposed policy preferences. That is being made merely so they may drag Kavanaugh is uniquely qualified to what judges do. Opposing him based on their feet—as a pretext in order to serve on the Supreme Court, if I were a guess of how he might rule on a given delay Judge Kavanaugh’s confirmation. dreaming up the right qualifications case that may or may not ever come Instead of chasing after irrelevant and temperament and experience, I am before him is an act of pure despera- records from the Bush White House, I not sure I could have picked a better tion. urge our colleagues to read Judge person. In its failing to find fault with Don’t they remember the standards Kavanaugh’s opinions and meet with his character and his qualifications, set by Justice Ginsburg, who declined the judge and get to know him. Sadly, here is where the opposition has moved to prejudge any case since she said that I have heard, as I said, that virtually in its outlandish claims about how he would be inappropriate? As she said in all of the Democrats have, so far, not may apply personal political views to her own confirmation, that sort of as- been able to or have not found time to the law. surance is completely wrong. Justice meet with the judge, which, I think, is The opposition started by digging up Ginsburg gave what, I think, is the cor- a shame. Despite the attacks, the attempts to an old law review article Judge rect response to such requests, saying distract, and the efforts to stall, Kavanaugh wrote for the Minnesota she would offer no hints, no forecasts, though, the American people can be as- Law Review that made the case that and no previews of her specific rulings. Congress should consider enacting leg- As a former State court judge and sured of one thing—we will press for- islation to govern a sitting President’s justice myself, I strongly believe those ward in our vetting process and vote on lawsuits and investigations. Some of who serve in our judicial branch must the confirmation of Judge Kavanaugh this fall in advance of the October term our colleagues have already begun to put their personal, political, and ideo- of the Supreme Court. The majority twist the words in the article and mis- logical beliefs aside and apply the law leader, Senator MCCONNELL, has made lead the American people into believ- as written. If you can’t do that, you it clear that if there is foot-dragging, ing he argued the President could ought to run for the legislature or city and this is drug out beyond the first never be investigated or prosecuted. council or county commissioner, not Monday in November, when the Su- In fact, the Washington Post fact- serve as Federal judges. I believe at- preme Court has its first oral argu- check called these claims an ‘‘extreme tempts to predict how Justices will de- ment, we will stay here until the bitter distortion’’ of Judge Kavanaugh’s cide particular cases are futile, par- end—all the way up to and including views. It is a bogus conspiracy theory ticularly when you have a judge who the midterm elections on November 6. that is only being made by those who calls balls and strikes as he or she sees That would be the consequence of drag- haven’t reviewed the article or don’t them. Cases depend on specific facts ging this out for no good reason, but we want to but who clearly want to try to and circumstances as well as on the will vote on his nomination before the damage the nomination. In his article, lengthy and detailed legal arguments midterm election. Judge Kavanaugh explicitly wrote that by the parties who come before the he believes no one is above the law. His Court. f point was not to take away checks on I hope our colleagues will spend less NOMINATION OF ROBERT WILKIE the President but only to say Congress time dreaming up hypotheticals that Mr. CORNYN. Mr. President, on an- might want to consider passing addi- will never come to pass and more time other note, we will vote today on the tional legislation. in meeting with and in getting to know nomination of Robert Wilkie to be Sec- Some of our friends across the aisle Judge Kavanaugh, which, so far, they retary of Veterans Affairs. then argued that if confirmed, Judge have declined to do. If they want to get Mr. Wilkie brings to this position a Kavanaugh would be the deciding vote to know the man and the judge, I hope firsthand understanding of the mental to overturn the Affordable Care Act, they will take him up on the offer to and physical demands of military life. including to overturn protections for sit down and talk to them and to an- The son of an Army commander who preexisting conditions. This is so far- swer their questions and explain how was wounded in Cambodia during the fetched that the New York Times fact- his judicial philosophy would be put Vietnam war, he said his father’s re- check from two health law professors into action. covery was at the forefront of his mind debunked the claim and called these Thank goodness for a couple of our when he was offered the position at the arguments ‘‘overstated’’ and that in colleagues, both the junior Senator Veterans Health Administration. He Judge Kavanaugh’s writings on the from North Dakota and the senior Sen- himself is an Air Force Reserve officer topic, he focused on specific legal ator from West Virginia. They were who has spent three decades helping to issues, as judges are supposed to do in quick to say they will not be influ- shape military policy. the cases that are presented to them. enced by their leadership’s pressure or In fact, he started out his career in Most every one of our colleagues messaging from their far-left base. this very Chamber and worked, most agrees that preexisting conditions Let’s hope others will follow suit. recently, for our friend from North should be covered, but that is a policy In having failed to pick apart Judge Carolina, Senator TILLIS. He holds a decision for Congress. What a specious Kavanaugh’s character or his 12-year law degree and multiple master’s de- idea to suggest that somehow this judicial record, some of our colleagues grees, but he has had real-world experi- judge who served on the DC Circuit are now requesting to see every piece ence as the Under Secretary of Defense

VerDate Sep 11 2014 03:28 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JY6.002 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE July 23, 2018 CONGRESSIONAL RECORD — SENATE S5117 for Personnel and Readiness, as Assist- mal, that is not even a conscionable As legal minds on both sides of the ant Secretary of Defense, and as Senior act. aisle pore over these preliminary docu- Director of the National Security Many of those families have come ments, a common thread has already Council. Those are positions of great and asked for political asylum. They emerged: Brett Kavanaugh seems to responsibility and great importance. are asking for what the law provides, have an imperial conception of the My home State of Texas is home to 1 in and yet we have separated the children American Presidency. He has written 12 veterans, so having a well-func- from their parents and have prevented that a sitting President shouldn’t be tioning Veterans Health Administra- those parents from simply using the subject to civil or criminal investigation is crucial to my State. telephone to contact their children. tions while in office. Mr. Wilkie, I believe, has the experi- Many of those children are just terri- In at least three separate instances, ence, the compassion, and the drive to fied, and they are being held thousands Brett Kavanaugh has shown a willing- make sure our Department of Veterans of miles away. It is not only unneces- ness to openly question precedent re- Affairs can efficiently and effectively sary, it is simply cruel. lating to Presidential power and Presi- serve those who have served in uni- It also seems to fly in the face of dential accountability. form, to whom we owe a moral duty. ICE’s own policy to permit calls by de- First, in his opinion in Seven-Sky v. No nominee for this position has ever tainees to immediate family members Holder, Kavanaugh wrote that the received a ‘‘no’’ vote on the Senate in case there are family emergencies President does not have to enforce the floor, and my hope is, we continue that and to do so at a reasonable cost, cer- laws if he ‘‘deems’’ a statute unconsti- tradition during the vote today. tainly not $8 a minute for poor families tutional, regardless of whether a court I yield the floor. who don’t have $1, much less $8. A has already held it constitutional. I suggest the absence of a quorum. number of us in the Senate have now What the heck do we have a Supreme The PRESIDING OFFICER. The sent a letter urging the administration Court for? If the President can deem a clerk will call the roll. to stop this ridiculous practice and law unconstitutional even after the The legislative clerk proceeded to allow those parents the ability to talk courts have ruled it is and then not call the roll. to their children. obey it—wow. That goes very far. I fear Mr. NELSON. Mr. President, I ask The list of obstacles this administra- to think what this President, in par- unanimous consent that the order for tion claims it is facing in order to re- ticular, who doesn’t seem to have much the quorum call be rescinded. unite the families seems to be never- respect for the rule of law or people The PRESIDING OFFICER. Without ending. But I would suggest that the who disagree with him, will do if that objection, it is so ordered. list of obstacles the administration has becomes the law. f created for these families to overcome, Second, when Brett Kavanaugh was asked which case he would choose if he FAMILY SEPARATION just to see their children again, seems to go on and on. could overturn precedent in any one Mr. NELSON. Mr. President, do you As a country, the United States is case, he said the decision in Morrison remember children being separated better than this. We should be making v. Olson. That is the case that upheld from their families? This crisis is far it easier for these families to reconnect the constitutionality of the inde- from over. As a matter of fact, we and ultimately bring them back to- pendent counsel law. found out it is not 2,000 children; it is gether, as the court has ordered. There Many of us did not agree with the 3,000 children. are many in this Chamber who would independent counsel law, but it is tell- A district court judge in San Diego certainly join with me. We are not ing that the first and only case Brett has ordered the administration to re- going to turn our backs on these chil- Kavanaugh cited when asked ‘‘What unite all of the families who were sepa- dren. We will continue to fight to en- case would you overrule, would you rated at the border by Thursday. Yet sure that they and everyone else are overturn stare decisis on?’’ was a case with the deadline looming this week, being treated the way the American about executive accountability. the administration continues to cite people want them to be treated. Third and most recently, on Satur- the many obstacles it says that are I urge this administration to do the day, we learned that Brett Kavanaugh hindering the work they are trying to same, and I urge the administration to even believes that the 8-to-0 decision in do to comply with the court’s order. pay attention to the letter by a couple United States v. Nixon may have been When I went to the detention center of dozen Senators that is coming to wrongly decided. This new revelation in Homestead, FL, they said they were them today. adds to the body of evidence that going to reunite families soon there- I yield the floor. Kavanaugh believes sitting Presidents after. That was more than a month and I suggest the absence of a quorum. should be free from civil and criminal a half ago. As a matter of fact, of the The PRESIDING OFFICER. The investigations while in office—a view, 1,300 children that had been separated clerk will call the roll. of course, that could have significant from their parents, there were 70 of The legislative clerk proceeded to ramifications for the future of the them who were there. call the roll. Presidency and our democracy. They would not let me speak to Mr. SCHUMER. Mr. President, I ask Let me ask this Senate and the them, so I inquired about whether the unanimous consent that the order for American people a very important children had been able to speak to the quorum call be rescinded. question: If Kavanaugh would have let their parents on the phone. I was told The PRESIDING OFFICER (Mr. Nixon off the hook, what is he willing that of the 70, 62 of the children had BOOZMAN). Without objection, it is so to do for President Trump? Alarm bells spoken to their parents. It has recently ordered. should be going off for anyone who be- been made clear why some of those f lieves in checks and balances. families have been unable to connect It is a fundamental principle of our for so long. A report that was just pub- RECOGNITION OF THE MINORITY democracy that no one is above the lished stated that the administration— LEADER law, including the President. Our the Trump administration—has been The PRESIDING OFFICER. The Presidents are not Kings. But Brett charging detained parents—get this—as Democratic leader is recognized. Kavanaugh’s jurisprudence does not much as $8 a minute to call their chil- f bode well for the future rulings on the dren. These children were separated accountability of the President, includ- from their parents because the admin- NOMINATION OF BRETT ing those that may arise from Special istration separated them. That is $8 a KAVANAUGH Counsel Mueller’s investigation. minute if you want to talk to your Mr. SCHUMER. Mr. President, on Kavanaugh’s views of an imperial child. That is a new low. Saturday, the Senate Judiciary Com- Presidency would be alarming under Charging these families an exorbi- mittee received the completed ques- any President, but it is especially tant fee such as this, just to talk—just tionnaire from Brett Kavanaugh, Presi- alarming under President Trump, who to talk—to their children, when the dent Trump’s nominee to the Supreme almost daily tests the bounds of our cost of providing that service is mini- Court. Constitution, the separation of powers,

VerDate Sep 11 2014 03:28 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JY6.004 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE S5118 CONGRESSIONAL RECORD — SENATE July 23, 2018 and the rule of law. It almost seems Kagan—let’s call it the Kagan stand- in the mud. Even though there is bipar- that anyone who criticizes him is be- ard—is good enough for Judge tisan condemnation for the President’s yond the pale, is fake, is dishonest. Kavanaugh—paraphrasing, of course, behavior last week, the Senate has re- As the revelation about the Nixon what is good for the goose is good for mained virtually silent on the matter case shows, there is still much we don’t the gander. because Republicans here are unwill- know about Judge Kavanaugh. The The Senate’s duty to advise and con- ing, maybe afraid, to confront the Senate and the American people de- sent does not mean move as hastily as President, even though they know serve to know where Judge Kavanaugh possible. For the benefit of this body, what he did was so wrong. stands on a host of issues. After all, the for the sake of consistency, and for the At the end of last week, the Repub- Supreme Court is a lifetime appoint- honor of this Chamber, I hope my Re- lican majority blocked a bipartisan ment with enormous power—the power publican friends join Democrats in ask- resolution—a modest one from Sen- to overrule the elected bodies of gov- ing for and waiting for all the docu- ators Flake and Coons, one a Repub- ernment. ments related to Judge Kavanaugh. lican, one a Democrat—that sought to Given that the hearing process for The American people have a right to hold Russia accountable. It didn’t have the Supreme Court has tended to be know what is there, and the Senate many teeth, but still the Republicans more of a public relations exercise for must have enough time to review the objected. nominees rather than a legitimate ex- body of work before making an unal- Are my Republican friends ever will- amination of judicial philosophy, terable decision on a lifetime appointing to push back against this Presi- Judge Kavanaugh’s papers might be ment to the Nation’s highest Court. dent, not just in words but in deeds, or the best and only way to judge what f are they too afraid of the political con- kind of a Justice he might be. My Re- sequences? Are they willing to put publican friends understood this when TRUMP-PUTIN SUMMIT country over party at this crucial it came to Justice Kagan, who had Mr. SCHUMER. Mr. President, on time? It seems not, at least so far. served in key positions in prior admin- Russia, a week ago today, President I know many of my colleagues on the istrations, much like Judge Trump met with President Putin in other side of the aisle were deeply dis- Kavanaugh. They were then in the mi- Helsinki, and with the world watching, turbed by the President’s inexplicable nority, as we are now, when Judge failed to show an ounce of strength in behavior in Helsinki. I say to them, Kagan was nominated, but our Repub- defense of American interests. America needs you now. We need you lican colleagues demanded the entire What followed was an embarrassing to stand up, step up to the plate, and paper history of then-Solicitor General week of insincere walk backs and do something about it. Kagan before moving forward with her mixed messages, culminating on Fri- Frankly, if we don’t do something nomination, and Democrats agreed. day in a bizarre invitation for Presi- real, President Trump—I know him— In a joint letter to the director of the dent Putin to visit the White House will conclude he doesn’t need to change Clinton Library, the chairman and this fall—something the President’s his behavior, and, as a result, Repub- ranking member of the Judiciary Com- own Director of National Intelligence, licans will be complicit in enabling the mittee at the time—Senator LEAHY, Mr. Coats, was not made aware of. It is President to continue down the disas- the chairman, and Senator Jeff Ses- not hyperbolic to say that last week trous course he has set. sions, now Attorney General, but then may have been one of the worst weeks I yield the floor. the ranking Republican on the com- in American foreign policy in recent f mittee—wrote that they expected ‘‘all memory. records containing documents written In the face of these stunning events, CONCLUSION OF MORNING by, edited by, prepared in whole or part what have my Republican colleagues BUSINESS by, under the supervision of, or at the done to rein in the President? I am sad The PRESIDING OFFICER. Morning direction of Elena Kagan, as well as to report, virtually nothing. In the full business is closed. documents referencing Elena Kagan by week since the Helsinki summit, Re- name, initials, or title, and documents publicans failed to take meaningful ac- EXECUTIVE SESSION received by or sent to Elena Kagan.’’ tion to hold the President accountable A Democratic chairman and Repub- for his foreign policy blunders in Fin- lican Senator Sessions, the ranking land. Republicans have offered words of EXECUTIVE CALENDAR member, asked for every single docu- rebuke, statements, disappointed ment of Elena Kagan’s record. Why The PRESIDING OFFICER. Under tweets, but they have not backed up should such a standard apply to Justice the previous order, the Senate will pro- any of those words with the force of ac- Kagan but not to Judge Kavanaugh? ceed to executive session for the con- I have taken the liberty of editing tion. sideration of the following nomination, the letter sent by Senators Sessions I have seen my colleagues shrug their which the clerk will report. shoulders as if there weren’t anything and LEAHY. It didn’t take much work The senior assistant legislative clerk to make it directly applicable today. It the U.S. Senate could do to check this read the nomination of Robert L. is the same letter, same request, sim- President, even though they feel in Wilkie, of North Carolina, to be Sec- ply crossing out every time it mentions their hearts, I know, that he needs retary of Veterans Affairs. Kagan and putting in the name checking. I mentioned several ways the The PRESIDING OFFICER. The Sen- ‘‘Kavanaugh.’’ There was no change. It Senate could grapple with and push ator from Kansas. is the same standard. back a bit on what President Trump Mr. MORAN. Mr. President, I started I have already heard from my Repub- has done: bring in his national security my morning in Kansas City speaking lican colleagues, including Chairman team and translator to testify before to 4,000 veterans attending the Vet- GRASSLEY, that there is no reason to Congress, particularly so we can tell erans of Foreign Wars 119th National review Judge Kavanaugh’s full record what happened in that 2 hours when Convention held in Kansas City. before proceeding with his nomination. Putin and Trump were alone; pass leg- My speech was a message to those I have had enough of the two- islation to protect the special counsel Americans whom I hold in highest re- facedness, the total hypocrisy on and legislation to harden our election gard, our Nation’s veterans, and espe- judges, where somehow our Republican infrastructure because we risk Russia’s cially those veterans who are helping colleagues say it is good one way when interference again; implement sanc- other veterans. I wanted them to know, we have a Democratic President and tions against Russia; demand that Rus- when they signed up to serve our coun- the opposite should take effect when sia hand over the 12 Russians indicted try, they did not do so in support of we have a Republican President. That for election interference and more. any political party. Those who serve is what they are doing with the records If my Republican friends were serious our Nation, and particularly those who here first of Judge Kagan and now about doing something to redirect our paid the ultimate sacrifice, did not an- Judge Kavanaugh. posture toward Russia, we should have swer the call to support Republicans or Well, I say to my Republican col- seen some movement by now on one or Democrats, but they answered for a leagues, what is good for Justice more of these things, but we are stuck higher calling.

VerDate Sep 11 2014 03:28 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JY6.007 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE July 23, 2018 CONGRESSIONAL RECORD — SENATE S5119 Speaking to thousands of veterans provide the leadership to confirm Mr. Mr. MCCONNELL. Mr. President, this morning and being in a room filled Robert Wilkie to be the Secretary of today the Senate will vote to confirm with the characteristics that make this Veterans Affairs. Robert Wilkie, President Trump’s out- country so great—duty, honor, loyalty, I suggest the absence of a quorum. standing choice to serve as the next respect—should remind us here in The PRESIDING OFFICER. The Secretary of Veterans Affairs. Washington, DC, that we must work to- clerk will call the roll. The job is an incredibly important gether to do everything possible to en- The senior assistant legislative clerk one. As Secretary, Mr. Wilkie will be sure that our Nation’s nearly 20 mil- proceeded to call the roll. tasked with fulfilling our Nation’s lion veterans receive the best our Na- Mr. BOOZMAN. Mr. President, I ask commitments to veterans and their tion has to offer. Putting veterans first unanimous consent that the order for families, expanding their access to and setting aside differences has led to the quorum call be rescinded. care, and improving accountability at major policy changes and vital vet- The PRESIDING OFFICER (Mr. the VA. erans legislation such as the John MORAN). Without objection, it is so or- Millions of American veterans rely McCain VA MISSION Act to reform the dered. on the VA—day in and day out—for VA’s healthcare system. Mr. BOOZMAN. Mr. President, today healthcare, employment resources, Of course, a large part of the task to this Chamber will take an important counseling, and a host of other services ensure veterans get the best our Nation step to ensure that we have leadership they need and have certainly earned. has to offer falls to the Department of in the Department of Veterans Affairs It is fortunate, then, that Mr. Veterans Affairs. I want our veterans to oversee the implementation of his- Wilkie’s impressive career of public to receive the best care, the best atten- toric reforms that we passed in May to service demonstrates he is well pre- tion possible from the Department of improve the VA’s healthcare delivery pared to advance the agency’s vital Veterans Affairs. system and provide veterans with more missions. In just a few minutes, the Senate will choices and fewer barriers to care. Robert Wilkie grew up the son of an vote on the confirmation of Mr. Robert We will vote on the nomination of Army artillery officer. He carried on Wilkie to be the Secretary of the De- Robert Wilkie to serve as Secretary of the tradition of service as an officer in partment of Veterans Affairs. I am con- the VA. Having served our Nation in the U.S. Air Force Reserve. In addition fident Mr. Wilkie is focused on putting uniform, as well as experiencing mili- to uniformed service, Mr. Wilkie has veterans first, changing the VA culture tary life as the son of a wounded com- amassed more-than two decades of ex- of any complacency—ridding it of any bat soldier, Robert Wilkie’s extensive perience as a civil servant. He has complacency—and is ready to lead the career in a wide range of defense and served at the Department of Defense, Department of Veterans Affairs. veterans issues makes him uniquely at the National Security Council, and Of course, Mr. Wilkie has numerous qualified to serve as the next Secretary here on Capitol Hill. monumental tasks ahead of him. The of the VA. He clearly understands the Throughout the years, he has built a Department of Veterans Affairs is a complexities associated with serving reputation as a thoughtful analyst and massive bureaucracy that has had a our Nation and the importance of tak- a skilled manager. Both these skills number of challenges in the past, and ing care of veterans. will serve him well at the helm of an he will be charged with successfully I am grateful for Robert Wilkie’s an agency that employs nearly 400,000 implementing the John McCain VA willingness to serve as the next Sec- people to meet the needs of millions MISSION Act. retary of the VA. I urge my colleagues The VA MISSION Act, if imple- more. to follow the example of the Senate mented correctly, will be trans- I know I speak for so many of my col- Veterans’ Affairs Committee, which formative for the Department and will leagues when I say that the Senate overwhelmingly advanced his nomina- make sure the VA continues to serve looks forward to working closely with tion to the Senate in a bipartisan way. veterans for generations to come. I the next Secretary of Veterans Affairs. look forward to working with Mr. Having served as Acting Secretary of Already in 2018, guided by the leader- Wilkie to accomplish that goal, and I the VA, Robert Wilkie is well aware of ship of Chairman ISAKSON, this body appreciate the interest the Trump ad- the challenges facing the Department. has taken decisive action to better ful- ministration has had on implementa- Accepting responsibility to oversee fill our Nation’s promises to veterans tion of the VA MISSION Act. the implementation of reforms passed and their families. I judge whether the VA is working by Congress, including the VA MIS- In May, the Senate voted, by a wide for veterans by what we all call case- SION Act, to update its medical bipartisan margin, to pass the VA MIS- work, which is when veterans seek help records system, to expand support for SION Act, which was designed to en- from me and my staff because they our women veterans, and to reduce the sure that the services on which our Na- can’t break down the barriers or navi- disability claims backlog, are just a tion’s heroes rely are flexible and ac- gate the VA’s penchant to tell them few of those issues that he will need to cessible enough to meet their needs. no. Right now, we have about 80 open tackle. The omnibus spending measure veterans’ cases and a steady stream of To accomplish all of this, he will passed earlier this year included a about 30 cases coming from Kansas vet- have to change the culture at the VA. record level of support for VA pro- erans each month. I intend to be an ac- Serving as the Secretary of the VA is a grams. tive participant, working with the VA huge undertaking, but one that he has In Robert Wilkie, the President has as they work to implement the VA committed to me that he whole- chosen a partner with whom this body MISSION Act. I intend to be a con- heartedly accepts. The Senate VA can work side by side to continue ad- structive participant in the process for Committee and my office are ready and vancing the interests of our Nation’s making the VA better for Kansas vet- willing to help him and the VA succeed veterans, including more than 300,000 erans and American veterans. in their mission. in my home State of Kentucky. Those in our communities can help Congress has given the VA the tools I look forward to doing just that. I as well, not just those in the Depart- to provide our veterans with quality urge each of my colleagues to join me ment of Veterans Affairs. It is what we care and to improve the benefits they in voting today to confirm this quali- all do as citizens, educators, and busi- have earned. Now the Department fied nominee. ness men and women. One of the first needs his leadership to implement and Mr. TILLIS. Mr. President, I am acts is developing access standards, to carry out these changes. Under the proud to speak today on behalf of my and folks can provide their feedback leadership of future Secretary Wilkie, friend and colleague Robert Wilkie, the until July 30. So let us hear from the the VA can reestablish a nonpartisan nominee to be VA Secretary. VFW and other VSOs. Let us hear from approach to serving veterans. I have had the honor of working with veterans. Either the VA or my office Our veterans must be our top pri- Robert for 3 years. Sometimes, he can direct you to the Federal Register ority. I am confident that Robert worked for me, and other times, I site to make those comments known. Wilkie will provide the leadership the worked for him. His combination of I am pleased we are taking the final VA needs to better serve our veterans. knowledge, humor, humility, and heart step needed in the Senate tonight to I yield back. has endeared him to my staff and to

VerDate Sep 11 2014 03:28 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JY6.009 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE S5120 CONGRESSIONAL RECORD — SENATE July 23, 2018 scores of North Carolina constituents, I look forward to supporting his con- frankly, I believe that good employees including many servicemembers and firmation, and I would encourage all of are being forced out, not because of the veterans. my colleagues to do the same. Put poli- job they are doing but because of their Robert was born in Frankfurt, West tics aside and vote in favor of this hon- views. When Mr. Wilkie becomes Sec- Germany, the son of an Army artillery orable and eminently qualified man to retary, he is going to have to make officer. He literally grew up on Fort serve all of our Nations’ veterans. sure that stops. It is critically impor- Bragg, and he lived most of his early Thank you. tant that we keep the employees that life in the Fort Bragg-Fayetteville area Mr. BOOZMAN. I suggest the absence we have who are good employees and of North Carolina. of a quorum. move the VA forward so it can do the Robert is now an intelligence officer The PRESIDING OFFICER. The job that it is meant to do. in the U.S. Air Force Reserve. clerk will call the roll. He also has some challenges to ad- Previously, he served in the Atlantic The senior assistant legislative clerk dress in rural America. The commu- Intelligence Command and Joint proceeded to call the roll. nity-based outpatient clinics we have Forces Intelligence Command and the Mr. TESTER. Mr. President, I ask there need to be staffed up. We need to U.S. Navy. unanimous consent that the order for make sure that the VA has what it Robert has also pursued a distin- the quorum call be rescinded. needs to meet the needs of the veterans guished career in public service on the The PRESIDING OFFICER. Without in rural America, and, by the way, with civilian side, both in the halls of the objection, it is so ordered. the passage of the MISSION Act, we Pentagon and of Congress. Robert has Mr. TESTER. Mr. President, I rise need to make sure that veterans aren’t served as a trusted adviser to some of today to announce that I think Robert run around once that act gets fully im- our Nation’s most distinguished public Wilkie is the right man for the job to plemented and they need community servants, including Robert Gates, be VA Secretary. Today, we are going care and the VA can’t provide that Condoleezza Rice, Donald Rumsfeld, to fulfill our constitutional responsi- care. and Jim Mattis. He needs to make sure the disability As a congressional staffer, Robert de- bility to provide advice and consent on the President’s nominee. This is a re- appeals process continues to move for- veloped excellent working relation- ward and that the backlog is whittled ships with committee staff, on both sponsibility that I take very seriously, especially in my role as ranking mem- down. He needs to make sure that the sides of the aisle. He is universally rec- accountability bill is implemented as ognized as a team player and mentor, ber of the Senate Veterans’ Affairs Committee. Congress intended and that the whis- traits of any outstanding leader. tleblower protection in the bill lives up Frankly, given his depth of experi- In our committee, Chairman ISAKSON to what it means. He also needs to im- ence, I was pleasantly surprised and and I have overseen the screening of plement the ‘‘Forever GI bill’’ in a way very proud to have Robert accept a po- the confirmation of 12 nominees to that makes sense for our veterans. sition with a 6-month-old freshman serve veterans. I am proud to say that Last and certainly not least, he needs Senator, but it was clear to me from we confirmed them without dragging to make sure the VA MISSION Act is the start that Robert was destined to our feet. implemented in a way in which a vet- serve our Nation at a higher level. Recently, we had Mr. Robert Wilkie Last year, Robert received that call before the committee for his confirma- eran can make the decision as to how from the administration when he was tion hearing. Members of our com- he gets his or her healthcare. Veterans need a leader who will build nominated to be Under Secretary of mittee asked him tough questions bridges and find solutions to the issues Defense for Personnel and Readiness. about his vision for the VA. We asked that face our veterans, not who will Robert demonstrated his extraordinary him about his plan to bring much need- tear down the Department to meet a skills in a short period of time, so it ed stability to the Nation’s largest political agenda. Veterans need a lead- was no surprise to me that the admin- healthcare system. Following the im- er who will not shy away from those istration identified him as a perfect fit portant exchanges during that hearing, challenges that face the VA. We need to be Secretary of the VA. Members sent more tough questions to someone who is going to tackle the When he was appointed in the acting the nominee for his response. In the challenges like workforce shortages, role as VA Secretary, he quickly days since his nomination, Mr. Wilkie worked to improve morale at the VA, like access to mental healthcare, and has sat down with Members to respond like barriers, particularly in rural earning strong reviews and trust from to their questions and concerns one-on- VSOs, members of Congress, and VA America, for women veterans. I believe one. that Mr. Wilkie is the right fit for that staff. He also moved decisively to exe- By voting to confirm Mr. Wilkie cute the electronic health record job. today, I believe we are providing Right now, the VA does not have a project, which we all know is a critical stronger leadership for America’s vet- part of the VA transformation initia- confirmed Secretary who is focused on erans. With this vote, we are fulfilling the larger mission of serving these vet- tive. our obligation to them. Robert has all of the education and erans, of implementing the reforms, We are doing our job, but our job just professional experience required of a and of improving VA care and benefits. doesn’t stop today. As Members of this Secretary of the VA, but perhaps what Instead, we have had temporary polit- body, we must hold Mr. Wilkie ac- makes Robert best suited to the job is ical appointees in charge who have countable to the commitments he has his lifelong experience as an Army brat been more interested in picking polit- and the personal experience as the son made through his confirmation proc- ical fights with people who have not of a gravely wounded soldier. ess. been their enemies. I believe we have He has literally lived the experience, There are some critically important lost sight of the VA’s mission. It will and I know that Robert will bring his issues to be addressed within the VA. be up to Mr. Wilkie to right that ship. professional experience and a personal There are workforce shortages, wheth- That is why I am so hopeful that this insight and intensity to the role that er in rural America or urban America. evening, we can get Mr. Wilkie con- will serve our veterans well. We need more doctors and nurses and firmed so that he can get on the job as Robert has been confirmed unani- more psychiatrics and psychologists soon as possible. Veterans are depend- mously by the Senate on two separate within the VA. This is critically impor- ing on him, and they are depending on occasions, most recently in November tant if he is going to oversee a success- us to make sure he gets to work. Once 2017, by my colleagues in this current ful VA. We need to have the VA per- he gets to work, I guarantee that the 115th Congress. Since the VA was ele- sonnel. We need to have it manned ap- chairman of the VA Committee and I, vated to a Cabinet-level department in propriately to meet the challenges that as ranking member, and all of the 1988, there have been nine Secretaries are out there after being at war for 17 members of the Senate’s Veterans’ Af- of Veterans Affairs; Robert Wilkie will years and veterans from previous eras fairs Committee will make sure that he soon be the 10th. getting older. does the job and fulfills the promises No nominee to be VA Secretary has Today, unlike ever before, we have we have made to our veterans. ever received a single recorded no vote political forces at play inside the VA. The PRESIDING OFFICER. The Sen- on the Senate floor. This is very unfortunate because, quite ator from Georgia.

VerDate Sep 11 2014 03:28 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JY6.024 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE July 23, 2018 CONGRESSIONAL RECORD — SENATE S5121 Mr. ISAKSON. Mr. President, I thank to participate in the VA MISSION Act things. We will talk about one last the Senator from Montana, Mr. and the Veterans Choice Program, they thing, and that is rural America. TESTER, for his remarks. I thank him will not have to add all of the other Certainly, with JON, I have gained a more so for his hard work, as ranking costs of infrastructure, and our vet- greater impression than I have before member, over the last 2 years with me, erans will get better choice, better of the problems that rural America as chairman, and for bringing us to the service, better medical care, and better faces. Georgia has a large rural popu- point at which we are today. Jon and I time. lation, but, quite frankly, Georgia is a are very excited because we know that This is an opportunity to make the big State, and Atlanta is a big city. Robert Wilkie is the real deal. We change of a lifetime. We are going to When you go outside Atlanta, you still know the things that we have gone make the VA something it has always have Savannah, Augusta, and a lot of through with some of the previous ap- wanted to be and give the veterans places that are much bigger than the pointees and with some of the problems something they always thought they biggest city in Montana. We owe those at the VA now have a chance to be had—the best possible care at the most veterans who are more distant from overridden and solved and that we will affordable price to the taxpayer. We the services we provide, because of step forward in a new day for the VA. will deliver a difference for our vet- where they live, the opportunity to get We no longer want somebody who is erans and their families. the services faster and quicker. We are going to make excuses for the VA. We I am proud of what the committee going to do that with the VA MISSION want somebody who is going to make a did 2 weeks ago when it passed the VA Act. I appreciate JON’s leadership in difference at the VA. Robert Wilkie un- MISSION Act and when it brought doing that as it has made a real dif- derstands the needs of our veterans in about caregivers’ legislation for those ference. rural areas. He understands their needs family members so that they may take What I have tried to do with the hot- in large urban cities. He understands care of loved ones from the Vietnam lines on mental health for the veterans the threat of suicide and the need to war era. We are going to have bills who call in—whose lives are in danger have mental health care accessible and coming up that have to do with the or who are in danger of taking their available to our veterans at all times. Navy and other things like that in the own lives or who need help or coun- He knows all of the things we need to year ahead. We have a lot of things we seling then and now—is to make sure do. He also knows we have given him a are going to do. they are no longer getting hung up on, I want us to stop, here and now, drag- quiver of arrows that he can use as he to make sure they are no longer get- ging out old stories about the VA and hunts through the VA to root out the ting referred to other operators, to talking about what the VA isn’t and, bad players and lift the big players. make sure they are no longer getting instead, talk about what it is. I want to The VA MISSION Act, as JON TESTER called back tomorrow after leaving just mentioned, is absolutely rule No. give a specific example. The press voice mails. It is to make sure they are needs to stop giving a 3-, 4-, 5-year IG’s 1. The implementation of that change getting action right here and right report and reporting it as today’s news. gives our veterans the choice, our rural now—today. We owe it to our veterans Jon and I have spent more time in re- veterans the access, our urban veterans whose lives are at risk today—the same sponding to reports about the IG or the accountability, and the VA the thing they do every day when they someone else—I am just picking on the chance to maximize the delivery of serve us in uniform and their lives are IG—and about failures within the VA healthcare services to our veterans at a at risk every day overseas. when, in fact, it turns out that they We have a chance to do a wonderful cost that, over time, will be less than if are from a study from 2006 when we fi- thing, and that is to keep our promise. the VA had done it all by itself. nally get the report. They make a big The VA is a tremendous organiza- We have to change and deliver quality deal out of it as if it were yesterday. tion. It is the state of the art in many healthcare to our veterans and deliver Most of the issues from the Veterans things—in ophthalmology, for example, a better response to our veterans than Administration’s major stories—I they have ever had before. We have the and in treating a lot of the signature didn’t say ‘‘all,’’ and it never will be chance to fix the problems that we wounds that we have today from the all—are being met and addressed faster have had and to look to the future for war—PTSD and all of those. Our VA than ever before. We have to report the new solutions to other problems that does a phenomenal job with all of good news as well as the tough news. I will face us. We owe our veterans no those. Yet there are a lot of healthcare will stand there and respond to the less than the best Secretary in Robert services that are routine for which vet- tough news all day long, but I hate it Wilkie, and we have him in Robert erans shouldn’t have to wait 3, 4, and 5 when I have to call my own press con- Wilkie. months but that they ought to be able ference to talk about what is really I told Robert: You have no excuses. I to get in a reasonably accessible period going on at the VA that is really good. have heard all of the excuses I ever of time. They ought to be able to get It is absolutely essential that we be want to hear about this. We know what services closest to home, where they in partnership with the media—the VA we have to do, and we know when we are, and be able to get them from those itself, the VA’s employees, its service need to do it. It is now. We have to who can deliver the services to them providers, and all of us in our roles in know how to do it, and it is with you when they need them. The VA MIS- Congress as committee chairs, in lead- as the Secretary of the VA. SION Act lets that happen. ership. It is essential that all of us join I commend him to my fellow Mem- I am going to say a few things to- in and put our arms together and move bers of the U.S. Senate. night in my remarks on the early forward in order to have a stronger, I thank Chairman ROE, from the warnings with regard to the VA MIS- more productive, more responsible VA. House of Representatives, and for the SION Act—that it is costing a lot of I mentioned the VA MISSION Act hard work that they have done in money because they are going to see and accountability. We have finally bringing this together with JON and I some requests come in for money. Yes, given the VA the ability to hold its em- and seeing to it we have a great Sec- it is going to take us a little while to ployees accountable, which we have retary. get over the bubble with the initial im- been meaning to do for a long, long We are going to lock arms and be in plementation, but when we do, we are time, and it is making a difference. We lockstep next year to make the VA per- going to minimize the cost and give have the Whistleblower Protection Act, form even better than it has before. We greater service to the veterans and, which gives whistleblowers the chance are here to make sure that the VA has over time, reduce the cost to our vet- to make reports for things that they no excuses on the results, that it gets erans. see, know, and do that are difficult and the backing it needs from us, that Every time we don’t require the VA should be corrected. We have given those veterans who have served us get to build another hospital or another them some degree of reasonable protec- the healthcare they need, and that the clinic, we are lowering the cost of our tion so that they are not run over in- veterans who join us today to defend us real estate and uplifting the oppor- stead. That is something that is impor- in the future will have it there when tunity for us to spend more money on tant to do. they retire. services. Every time we have doctors in We have talked about accountability. I urge Senators to vote for Secretary hospitals who treat veterans who want We have talked about all kinds of Robert Wilkie to be Secretary of the

VerDate Sep 11 2014 03:28 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JY6.015 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE S5122 CONGRESSIONAL RECORD — SENATE July 23, 2018 VA, our 10th most recent VA ap- The PRESIDING OFFICER. The Sen- LEGISLATIVE SESSION pointee, and to give him a unanimous ator from Georgia. vote today, which is the kind of sup- Mr. ISAKSON. Mr. President, I yield INTERIOR, ENVIRONMENT, FINAN- port he needs to move forward in the back all time. 21st century. CIAL SERVICES, AND GENERAL God bless all for being here today. I The PRESIDING OFFICER. All time GOVERNMENT APPROPRIATIONS thank the Senators for their votes. I is yielded back. ACT, 2019 thank Senator TESTER for his support The question is, Will the Senate ad- The PRESIDING OFFICER. Under as ranking member, and I thank the vise and consent to the Wilkie nomina- the previous order, the Senate will re- Senator from Kansas for his support tion? sume legislative session and proceed to the consideration of H.R. 6147, which throughout the year. Mr. ISAKSON. Mr. President, I ask the clerk will report. I yield to the Senator from North for the yeas and nays. Carolina. The bill clerk read as follows: The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Is there a A bill (H.R. 6147) making appropriations ator from North Carolina. sufficient second? for the Department of the Interior, environ- Mr. TILLIS. Mr. President, I thank There appears to be a sufficient sec- ment, and related agencies for the fiscal year ending September 30, 2019, and for other pur- the chair for the kind words about the ond. nominee, Robert Wilkie, for the Vet- poses. The clerk will call the roll. erans Health Administration. The PRESIDING OFFICER. The Sen- I am here to proudly discuss his The legislative clerk called the roll. ator from Alabama. Mr. SHELBY. Mr. President, I ask record. Actually, until about 6 months Mr. CORNYN. The following Senators ago, he was the military affairs adviser unanimous consent that for the pur- are necessarily absent: the Senator pose of rule XVI in relation to the sub- in my office and was my adviser on the from North Carolina (Mr. BURR), the VA. He has done an extraordinary job. stitute amendment No. 3399, division A Senator from Tennessee (Mr. CORKER), of H.R. 6147 serve as the basis for de- He is the child of a gravely wounded the Senator from Louisiana (Mr. KEN- veteran from the Vietnam war. He fense of germaneness for division A of NEDY), and the Senator from Arizona the amendment; that division B of H.R. grew up on Fort Bragg. He is from Fay- (Mr. MCCAIN). etteville, NC. He has done an extraor- 6147 serve as the basis for defense of dinary job in serving our office, in Mr. DURBIN. I announce that the germaneness for division B of the mentoring my staff, and in working for Senator from Ohio (Mr. BROWN), is nec- amendment; that H.R. 5961, as reported Senate leaders and leaders in the White essarily absent. by the House Appropriations Com- House—Secretary Gates, Secretary The PRESIDING OFFICER (Mr. mittee, serve as the basis for defense of Rumsfeld, Condoleezza Rice, and now LANKFORD). Are there any other Sen- germaneness for division C of the General Mattis. ators in the chamber desiring to vote? amendment; and that H.R. 6072, as re- Robert Wilkie is going to do an exported by the House Appropriations The result was announced—yeas 86, Committee, serve as the basis for de- traordinary job because he understands nays 9, as follows: what it is like to be the son of a vet- fense of germaneness for division D of eran and to be a member of the armed [Rollcall Vote No. 163 Ex.] the amendment. The PRESIDING OFFICER. Is there services himself. He serves in the Air YEAS—86 Force to this day. He previously served objection? Alexander Graham Paul Without objection, it is so ordered. in the Navy. He has attended the U.S. Baldwin Grassley Perdue AMENDMENT NO. 3399 Army War College. He has a law degree Barrasso Hassan Peters and a keen understanding of how this Bennet Hatch Portman (Purpose: In the nature of a substitute.) Blumenthal Heinrich Reed Mr. SHELBY. Mr. President, I now governing body works. He also has Blunt Heitkamp Risch call up the substitute amendment No. great relationships with people across Boozman Heller Roberts the political spectrum. He has worked Cantwell Hirono Rounds 3399. Capito Hoeven very closely in committee work with Rubio The PRESIDING OFFICER. The Cardin Hyde-Smith Sasse clerk will report. Carper Inhofe the committee staff. He just has an ex- Schatz Casey Isakson The bill clerk read as follows: traordinary reputation. He has an ex- Schumer Cassidy Johnson The Senator from Alabama [Mr. SHELBY] Scott traordinary sense of history. He has a Collins Jones Shaheen proposes an amendment numbered 3399. great dedication to our veterans, and Coons Kaine Shelby Mr. SHELBY. Mr. President, I ask he understands the intrinsic link be- Cornyn King Smith tween Active Duty and reservists and, Cortez Masto Klobuchar unanimous consent that the reading of Cotton Lankford Stabenow the amendment be dispensed with. ultimately, with veterans. Sullivan Crapo Leahy The PRESIDING OFFICER. Without I believe that he is going to go in and Tester Cruz Lee objection, it is so ordered. move forward with the transformation Daines Manchin Thune Tillis (The amendment is printed in today’s and do great things for our veterans Donnelly McCaskill Duckworth McConnell Toomey RECORD under ‘‘Text of Amendments.’’) who need the help today. He will do an Durbin Menendez Udall The PRESIDING OFFICER. The Sen- even more outstanding job of under- Enzi Moran Van Hollen ator from Alaska. standing how we can better prepare the Ernst Murkowski Warner Fischer Murphy Whitehouse AMENDMENT NO. 3400 TO AMENDMENT NO. 3399 men and women who are serving today Flake Murray Wicker Ms. MURKOWSKI. Mr. President, I to go into veteran status—to help them Gardner Nelson Young call up my amendment No. 3400. find jobs, to provide them with The PRESIDING OFFICER. The NAYS—9 healthcare, to make sure they get the clerk will report. most out of their veterans’ benefits. I Booker Harris Sanders The bill clerk read as follows: know that Robert Wilkie will do an ex- Feinstein Markey Warren Gillibrand Merkley Wyden The Senator from Alaska [Ms. MURKOWSKI] traordinary job. proposes an amendment numbered 3400 to I appreciate Chairman ISAKSON’s NOT VOTING—5 amendment No. 3399. leadership on the committee. I think, Brown Corker McCain Ms. MURKOWSKI. Mr. President, I with a strong Secretary like Robert Burr Kennedy ask unanimous consent that the read- Wilkie in Veterans Affairs, we will fi- The nomination was confirmed. ing of the amendment be dispensed nally start making progress in repay- with. ing the debt that we can never fully The PRESIDING OFFICER. Under The PRESIDING OFFICER. Without repay to the men and women in uni- the previous order, the motion to re- objection, it is so ordered. form. I strongly support this vote, and consider is considered made and laid The amendment is as follows: I look forward to having a very strong upon the table and the President will (Purpose: To make a technical correction) confirmation vote this afternoon. be immediately notified of the Senate’s On page 95, line 6, strike ‘‘$5,000,000’’ and I thank the Presiding Officer. action. insert ‘‘$5,250,000’’.

VerDate Sep 11 2014 03:28 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JY6.016 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE July 23, 2018 CONGRESSIONAL RECORD — SENATE S5123 Ms. MURKOWSKI. Mr. President, I not everything we would have wanted provements and investments for our am most pleased to be here today to it to be, but it was a good, collabo- land management agencies and within manage consideration of this appro- rative, well-worked process. Indian Country and also infrastructure priations bill package. This includes Within Interior, we have a very broad investments in wastewater and drink- the fiscal year 2019 bills for the Sub- scope of responsibilities. We have the ing water improvements. committee on Interior, Environment, oversight for all of the major Federal We have recently celebrated the 100th and Related Agencies; Financial Serv- land management agencies. We have anniversary of our National Park Serv- ices and General Government; Agri- the National Park Service, the Bureau ice. Last year, we provided a signifi- culture, Rural Development, Food and of Land Management, the Fish and cant increase for our national parks Drug Administration, and Related Wildlife Service, the Forest Service, construction program. It was the larg- Agencies; as well as Transportation, the Environmental Protection Agen- est percentage increase ever, but we Housing and Urban Development, and cy—all very significant accounts. We build on that in this measure, recog- Related Agencies. also have a side in Interior that many nizing the significant work, the signifi- To distill it down, this evening we of my colleagues forget but that rests cant maintenance, and the backlog are taking up Interior, Financial Serv- within Interior, and that is the over- that our National Park Service faces. ices, Ag, and THUD—or Transportation sight for our budget for our Native peo- We have an obligation. So addressing it Housing Development. The opportunity ples, our American Indians, and Alas- has been a priority in this bill. to move forward with a package of ap- kan Natives. We provide funding in this In the two main agencies that deliver propriations bills, all of which have measure for essential Indian health, services for the Indian community— moved through our committee with education, and resource management this is the Bureau of Indian Affairs and strong support, is a good place to be. programs through the Bureau of Indian the Indian Health Service—we restored I have long believed that a return to Affairs and the Indian Health Service. proposed cuts in critical program fund- regular order, where we vote these ap- There is funding for cultural institu- ing. We increase funding for the IHS fa- propriations bills out of committee tions. Again, this is an area that people cilities program for construction, with bipartisan support, and then bring don’t necessarily think that Interior maintenance, and sanitation facilities them to the floor, as we are doing this has our role here, but we have over- improvement. We provide substantial evening, is important for our process. sight of the budgets for the Smithso- funding for the BIA to help with the I think all Members of the Senate nian Institution, the National Gallery construction of Indian schools, irriga- should have an opportunity to debate of Art, the National Endowment for tion systems, and public safety facili- appropriations bills and offer amend- the Arts, and the National Endowment ties. ments. We haven’t had this oppor- for the Humanities. It is a pretty broad For both accounts, we provide fully tunity for some years prior to this. The spectrum here. estimated levels of contract support occupant of the Chair, a member of the The Interior appropriations bill pro- costs, and we maintain an indefinite Appropriations Committee, knows we vides $35.85 billion for fiscal year 2019. appropriations account structure so have been without process when it This is $600 million more than last that if the costs are higher than esti- comes to our appropriations bills. It is year. I wish to thank Chairman SHELBY mated, we are not in a situation where now time for us not only to return to and Vice Chairman LEAHY. The in- we are robbing Peter to pay Paul—tak- regular order but to allow other Mem- creased allocation that we saw for the ing from one account within IHS to bers of this body who do not sit on the Interior bill was really important as we fund the other. We are addressing that Appropriations Committee the oppor- assembled this bipartisan bill. This ad- bad practice that we have seen pre- tunity to weigh in on these priorities. ditional funding allowed us to provide viously. I am particularly pleased, as chair- program increases that were necessary. Also, within Indian Health Service, man of the Interior Appropriations In fact, they were absolutely nec- we provide additional resources for Subcommittee, to be on the floor essary. grants to Tribes for combating the today. This is actually the first time There are fire suppression accounts. opioid crisis. We know full well that we the Interior bill has been before the We know we are in the midst of fire are facing a crisis throughout the full Senate since fiscal year 2010. Fiscal season. It is bad and most likely get- country, but in so many of our Native year 2010 was the last time we saw an ting worse. We have been able to pro- communities on our reservations, the interior bill on the floor, so this is kind vide an additional $500 million for fire situation is particularly dire. of a significant day for us. If this suppression. We had a lot of conversation on this weren’t such a dignified setting, I We also provide an additional $109 floor about wildland fire management would say that deserves a round of ap- million for contract support costs in and how we end the practice of what we plause. But we don’t want to get ahead Indian Country. These are obligated ex- call ‘‘wildfire borrowing,’’ which is, ef- of ourselves. penses from the Federal Government to fectively, waiting to see how much fire It is an important example of the those who provide for those services in suppression costs are going to impact commitment both sides have made to Indian Country. us. If it was a particularly bad year, create an environment where we can We also provide $115 million for staff- you would take funding from other ac- work through the tough issues on a bi- ing costs that are associated with new counts within the Forest Service, partisan basis. That was exactly what healthcare facilities that are operated whether it was prescriptive manage- we saw within the full committee— by IHS or by Tribes. Again, it is under ment programs or whether it was rec- working through the subcommittee, compact agreements. reational permits. We know that we working through the full committee, Some would look and say that this is needed to end this practice of fire bor- and now being able to bring these a significant bump, but I would direct rowing, and we have worked to do that measures to the floor. colleagues’ attention to how we allo- previously. I will defer to the chairmen of the cated that. Again, it is in accounts Within our appropriations bill, on the relevant subcommittees to discuss the where we are obligated either by com- wildfire management programs, we specifics of each of their bills as we pact or, in the instance of fire suppres- provided a total of $4.35 billion for the move through consideration of this ap- sion funding, it recognizes that we are Department of Interior and the Forest propriations package. But I wanted to dealing with the inherent unpredict- Service. We fully fund the 10-year aver- take a little bit of time this evening to ability and the dangers of fire. age for firefighting costs, and we pro- share some information about the Inte- The fiscal year 2019 Interior bill vide $900 million in additional suppres- rior appropriations bill for my col- adopts a similar approach to the en- sion funds above the 10-year average, leagues. acted fiscal year 2018 Interior bill. We based on the recent catastrophic sea- I also want to thank and acknowl- rejected what we felt were unwarranted sons and our latest forecasting models. edge the good work of my ranking decreases that had been proposed in the You hope to get that number right, but member on the committee, Senator budget, and we make investments. We this new path that we are on for how UDALL. He has been a good partner to make investments in the highest prior- we deal with wildfire suppression cost work with. Both of us recognize this is ities, particularly infrastructure im- is an important one.

VerDate Sep 11 2014 03:28 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JY6.018 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE S5124 CONGRESSIONAL RECORD — SENATE July 23, 2018 A big priority in this body is for con- Working with Chairman SHELBY and erans Benefits Administration, but servation and making sure that we are Vice Chairman LEAHY and, again, my claims processing still takes way too doing right by our lands, and we have ranking member, Senator UDALL, we long, and proving a claim remains a included $425 million for the Land and assembled a package that advanced sore point. Then, to make matters Water Conservation Fund. This is equal unanimously out of the committee. I worse, our veterans and the field staff to the enacted level. think that is also historic. To have an are stressed by persistent reports of fa- Within that account, we are generous Interior appropriations bill move tigue and infighting within the VA cen- to the stateside program. We have, in unanimously through the full com- tral office. Some of these reports are as my view, tended toward greater acqui- mittee is pretty significant. I suggest current, as fresh as last week. sition on the Federal side over the to you all that this package that we You think about the folks out there. years. I think that is a direction that have assembled warrants the support of When you are in the field, really noth- was not what LWCF was intended to the full Senate. ing good comes out of dysfunction from do. We have been working to make sure I wish to express again my apprecia- the central office. The media accounts that we don’t have the inequity and the tion for the good working relationship that are out there are suggesting that disparity between the State side and that I have with Senator UDALL. He the dysfunction is, unfortunately, Federal side. has a great team. Rachael, Ryan, and reaching new heights. We also provide additional funding Melissa have been great. We have fabu- This is a tough time for our new Sec- for recreational access and the Amer- lous folks on my side, with Leif, Nona, retary to enter. He comes into this po- ican Battlefield Protection Program. I Emy, and Chris. They work hard. They sition with a mess of old baggage to think we took a very commonsense ap- work very hard. I think they have done deal with, and that is before he even proach to the EPA’s budget. We fo- a good job in helping to shape this bill begins to implement new initiatives cused resources on programs that do so that it reflects priorities of Members like the VA MISSION Act and the mod- very specific and concrete things to on both sides of the aisle. ernization of VA’s IT infrastructure. help with that mission set, if you will, Again, I am very pleased to be on the I am sure it is fair to say we want of the EPA, and that is, basically, to floor to consider these important bills. this Secretary to succeed. Alaskan vet- improve the quality of the environ- I look forward to working through this erans certainly want the Secretary to ment for the public—clean water and process with all of my colleagues. I succeed. I imagine we all want the new clean water. think the leader has made it clear that VA Secretary to succeed. The bill does provide additional fund- he wants to complete action on this I think success at the VA means one ing to States that have delegated re- package expeditiously. So I ask col- thing, and that is how we serve our vet- sponsibility for environmental pro- leagues to review the bills that we have erans. We know the sacrifices they grams through State-specific grants. It in front of us, not just the Interior bill have made to our Nation. They deserve provides an increase above last year’s but the full package as well. Get on it, timely, high-quality, caring service. They do not deserve to fall victim to level for the Clean Water State Revolv- and get us your amendments. The the kind of internal infighting that has ing Fund and the Drinking Water State quicker we can process amendments, plagued the VA, and, by all accounts, Revolving Fund. These are the SRF the quicker we can clear them on both continues to plague the VA. funds. They help to facilitate the crit- sides and arrange for the votes that I think that as I look to how success ical water infrastructure in commu- they may require. will be achieved for Mr. Wilkie in his nities across the country. I think there CONFIRMATION OF ROBERT WILKIE new position, it is going to be all hands is great recognition that this is an area Mr. President, if I may, I know my on deck; everyone committed to the where we can always do more. colleague and my ranking member is mission, ready to get to work to get The WIFIA Program, which leverages here to say just a few words. He can the VA back on track. That is really Federal funds for water infrastructure say as many words as he would like, job No. 1. projects, receives $63 million. When and I welcome that. But if I may beg That, to Mr. Wilkie, I would suggest, you take the WIFIA funds and you the Senator’s indulgence and ask for means working with your career staff combine this with the SRS, the bill just a few more moments, I wish to to achieve the mission. We have been really does give the EPA a very strong comment on the nomination of Robert doing that in Alaska. Now, it has not suite of tools to improve the quality of Wilkie, if I may. always been good. There was a time life for people around the country. About an hour ago or half an hour when Alaskan veterans wanted a card We provide for additional funding for ago, the Senate confirmed Robert that would allow them to get their care PILT funding, and $500 million is the Wilkie of North Carolina as our Na- anywhere. They wanted to get out of fully estimated amount needed for this tion’s 10th Secretary of Veterans Af- the system. program in 2019. We maintain the sub- fairs. He comes to this position after Now I hear all the time, in Alaska, committee’s commitment to help local having served with great distinction as that our veterans want to get their communities improve county roads, a Senate staffer. He was on the Na- care from the VA. We all know not all maintain public safety, and provide tional Security Council and was Assist- VAs around the country are equally funding for schools using funding from ant Secretary of Defense, as well as situated. Perhaps the Alaska VA works the PILT Program. Under Secretary of Defense for Per- better than some, and there may be As I mentioned at the beginning of sonnel and Readiness and interim Sec- reasons for that. my comments, when we think about all retary of the VA. His father, who I think one of the reasons is, we are of the things that are under the pur- passed away last year, was a U.S. Army seeing that the career staff in Alaska view of Interior appropriations, we also veteran, and Mr. Wilkie has served as a cares about our veterans. We have had did right by our ‘‘Smithsonians’’ by en- U.S. Naval Reserve intelligence officer. our problems. We have had some sig- suring that our arts are appropriately He has great qualifications and strong nificant problems at the top. There funded as well. qualifications for the position that Mr. have been changes in the VA’s senior I will stand before you and tell you Wilkie will soon assume. leadership in Alaska, but we called the that there are a lot of things that I I am sure that he has no illusions problems out. We brought attention to wish we could have included in this about it. We certainly don’t. This is a them, we demanded change, and change measure, but we have stood down, if hard job that he has in front of him— occurred. you will, as appropriators, working a very hard job. The VA has yet to Today, we have a leadership team with my colleague and friend the rank- fully recover from the series of events that, by all accounts, is doing some ing member. We do not include new that are collectively known as the pretty strong work for Alaska’s vets. policy provisions that were not in the Phoenix scandal. The Choice Program One of the reasons that I think we are fiscal year 2018 enacted bill. We didn’t has been a mess from its very incep- doing well is our senior leadership do it. Members know that because they tion, in my view. It continues to frus- team works in close collaboration with came to us asking if we could include trate so many veterans. the career staff. They are represented things, but we said it is important to Yes, we all acknowledge that there by the American Federation of Govern- our process going forward. have been improvements in the Vet- ment Employees Local 3028. I know

VerDate Sep 11 2014 03:28 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JY6.019 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE July 23, 2018 CONGRESSIONAL RECORD — SENATE S5125 this because my staff and I meet with laborating with labor on the quality of and provides resources for new management and labor periodically product is a whole lot better than healthcare facilities in schools for throughout the year. Management maintaining the contentious top-down, Tribes across the country that are knows I am going to get the straight by-the-book, litigious workplace. working to improve health and edu- scoop from labor, and labor knows I sincerely hope our new, and I hope cation outcomes. This funding helps that, in my view, it is all about service transformative, Veterans Affairs Sec- fulfill our trust and treaty responsibil- to the veterans. No exceptions, no ex- retary will take a lesson from the best ities to American Indians and Alaska cuses, I just want it straight. Both labor management relationship prac- Natives. sides know I expect them to be collabo- tices in the private sector; seek them This bill includes strong levels of rating, to be working together. Both out, put them to work on day one, even funding for conservation programs that know I measure the quality and the if that might mean reversing some of preserve and protect our Nation’s most quantity of collaboration in the over- the well-meaning or maybe not so well- special places, including our public sight of VA’s service delivery in Alas- meaning reforms that have been under- lands. It fully funds wildfire suppres- ka. taken on the eve of his confirmation. sion needs, providing more than $2 bil- That is why I have been especially The VA is a people-oriented business. lion to protect communities and nat- disturbed by the VA’s recent order re- The VA is nothing without its people. I ural resources in New Mexico and stricting the amount of official time give my free advice to our Secretary- across the West. the duly elected representatives of the designate. Your career people work at The Interior bill supports our Na- VA’s workforce can spend on collabora- the VA to serve our veterans first. tion’s arts and culture programs from tion. They call this official time. I Sadly, I think many are confused about national institutions here in Wash- would suggest, this is that time work- whether they enjoy the support of their ington, from the Smithsonian Institu- ing with management to make the VA senior leaders in Washington. tion, the Kennedy Center, and the Na- more effective. I would suggest this is These are some sobering words to tional Gallery of Art to local arts and a shortsighted decision. I am especially greet our new Secretary as he takes on humanities and programs in small concerned that it is being implemented a very important responsibility, but I towns across the United States. This by acting personnel on the very eve of hope we are all working together, all funding creates jobs and supports eco- our new Secretary’s swearing in. working forward to ensure that Mr. nomic vitality in our communities. We also learned this morning, Gov- Wilkie goes down in the VA’s history Over the last week, we have seen the ernment Executive magazine reports as a good, strong leader. I offer my best administration claim that the legisla- that there is chaos on how this is going to him as he moves forward. tion sent over by the House has too to be implemented. When you think I am pleased again to begin the kick- much funding for these and other prior- about the things this new Secretary off for this appropriations package, and ities. I strongly disagree. It is needs, or our veterans need, they don’t I look forward to engaging in debate of Congress’s responsibility to safeguard need more chaos. We don’t need more good issues and a good, positive result the environment, protect our air and chaos in an organization as complex as at the end. water, fulfill our trust and treaty re- the VA. I yield the floor. sponsibilities, and conserve public Working to ensure that there is a The PRESIDING OFFICER. The Sen- lands the Federal Government holds on level of flexibility in operations, our ator from New Mexico. behalf of the American people. managers have a certain amount of Mr. UDALL. Mr. President, I rise to These responsibilities require a reli- freedom to keep a system if it is work- speak in support of the Interior De- able stream of resources to carry that ing. If it is not working, we have got partment appropriations bill, which out. This Senate bill accomplishes you, but if you think about how impor- the Senate is currently debating. those goals and, in doing so, remains tant this is, especially in the VA where Before Senator MURKOWSKI leaves the faithful to the bipartisan budget agree- labor is defined to include the physi- floor, I want to thank her so much. It ment this Congress passed and the cians, the nurses, the highly trained has been such a pleasure working with President signed early this year. technologists, we know full well that her on this and doing it in a bipartisan We reject the shameful and inexcus- these are professionals with very port- way, and I am going to talk a little bit able cuts proposed by the Trump ad- able skill sets who can take their expe- about the historic nature of this; that ministration to the Environmental rience elsewhere at a moment’s notice. we have accomplished something that Protection Agency, the Bureau of In- We certainly see that in my State hasn’t been done in 10 years. This is dian Affairs, the Bureau of Indian Edu- where those skill sets are in high de- something I think we are both very cation, and to most Federal land man- mand. We recognize Mr. Wilkie will inherit proud of and that I think the Appro- agement agencies, cuts that would put enough problems on day one. He has to priations Committee members are very our environment at risk and prevent us come into the Department; he needs to proud of. I begin by thanking her for from providing core services to Tribal win the hearts and the minds of those the important work she has under- communities. who do the work; and a workforce that taken to ensure that this bill arrived In addition to rejecting these cuts, is upset, in my judgment, is the last on the Senate floor with strong bipar- Senator MURKOWSKI and I worked to- thing he needs. tisan support. gether to satisfy requests from our col- Now, some may remember that I was We all know the Interior bill is not leagues to increase funding levels skeptical about the VA Accountability an easy bill, and there is no doubt we where we could, given our allocation. Act, which short-circuited the process faced contentious issues putting it to- We also followed the chairman and vice for terminating underperforming VA gether. It is extraordinary that work- chairman’s direction to keep out extra- personnel. ing together under her leadership, we neous authorizing matters and any We were told, at the time, this would have produced a bill that was unani- item considered a poison pill. We all enable the VA to replace underper- mously reported by the Appropriations know one Senator’s poison pill is an- forming managers. Instead, it seems we Committee. other Senator’s antidote. We couldn’t are seeing some pretty strong evidence I also recognize Chairman SHELBY please everyone because the tough that it is being used to terminate indi- and Vice Chairman LEAHY for clearing issues that have impeded this bill from viduals at the very lowest level. I am the path for us to bring this bill to the floor consideration in the last decade concerned that what we may also be floor. Their shared commitment to re- have not gone away, but we did the seeing is this is an effort to terminate establishing regular order for the Ap- best we could. whistleblowers and others who chal- propriations Committee is why the In- Now, this bill is not perfect. It in- lenge the bureaucracy in service to our terior bill is on the floor of the U.S. cludes several troubling provisions veterans. I am concerned about that. I Senate today. For the first time in rolling over from prior years, including have raised that before; I will raise it nearly a decade, I salute them as well provisions relating to the listing status again. on this. of the sage grouse, the lead content of I think we all agree it is time to The bill funds the Indian Health ammunition, biomass energy policy, bring the VA into the 21st century. Col- Service and Bureau of Indian Affairs and certain Clean Air Act exemptions.

VerDate Sep 11 2014 03:28 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JY6.021 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE S5126 CONGRESSIONAL RECORD — SENATE July 23, 2018 While I cannot endorse these provisions colleagues to speak with me or Chair- I spoke with residents who were con- individually, they are ones we have man MURKOWSKI if you have an idea on cerned about being able to recover carried previously to move this bill how to improve funding in this bill. from the flood and resulting damages across the finish line. As I conclude, I want to emphasize and who voiced the need to find long- What the Appropriations Committee how tremendous it has been to work term solutions that will mitigate the has brought to the full Senate is an In- with Chairman MURKOWSKI on this bi- impact of future flood events. terior Department appropriations bill partisan bill. Even when we disagree, One year later, I am still awed by the that is almost exclusively appropria- we have open discussions and listen to dedication of the local first responders tions. one another. That is the way Congress and county officials. State and local I am proud that we propose for fiscal is supposed to work, and I am proud to employees and volunteers came out to year 2020, proud that we propose for fis- be Senator MURKOWSKI’s partner on help at every level, from county emer- cal year 2019. In addition to the pro- this bill. gency management agencies to the grams I have already highlighted, let I look forward to working with our American Red Cross. Representatives me tell you about a few more accom- colleagues on this bill over this week from the Illinois Emergency Manage- plishments in this bill. so we can pass an interior appropria- ment Agency worked closely with local This bill rejects the administration’s tions bill that the American people can officials to make sure communities had elimination of the Land and Water be proud of. the resources needed to protect critical Conservation Fund and instead pro- As Chairman MURKOWSKI talked infrastructure and clean up when the vides $425 million equal to the enacted about, we have had the assistance of a water began to recede. level. These funds will improve rec- very able staff on both sides—on the People from all around the region reational access through our Federal minority side, headed up by Rachael pitched in to help their neighbors and lands, protect iconic landscapes, de- Taylor. The whole staff on both sides is even strangers protect property and liver grants to States and local govern- very capable and very able. My side get back on their feet. ments to create and protect urban was headed up by Rachael Taylor, It has been challenging for Illinois to parks and open spaces, preserve the Ryan Hunt, Melissa Zimmerman, and receive Federal aid after a disaster occurs. I led the Illinois delegation in battlefields of the Revolutionary and Teri Curtin. Over on the majority side, supporting the Governor’s request for a Civil Wars, and give farmers and ranch- we thank Leif Fonnesbeck, Emy Federal disaster declaration for the ers easements so they can steward Lesofski, Nona McCoy, Chris Tomassi, four impacted counties, but unfortu- their private lands in the face of devel- and LaShawnda Smith. nately, the State did not receive aid opment pressures. They work night and day, and when after the flooding last July. Rather than following the adminis- we run into problems, as we know, they tration’s misguided proposal to elimi- Currently, FEMA considers State can be invaluable in helping us find the population when reviewing States’ re- nate funding for the National Endow- solutions to the problems we all face quests for Federal assistance following ment of the Arts and Humanities, this when we get into some of the conten- a disaster. This puts highly populous bill actually provides an increase of $2 tious issues. States like Illinois at a disadvantage, million for each endowment, bringing I yield the floor. relying on the premise that they can the total to $155 million for each. I am The PRESIDING OFFICER. The Sen- absorb more recovery costs after a dis- particularly proud that these funds ator from Alaska. aster. Despite that, my colleagues in will expand arts and humanities pro- Ms. MURKOWSKI. Mr. President, I Congress and I will always stand ready grams, create jobs, and support cul- thank my colleague, the ranking mem- to do whatever we can to provide Fed- tural institutions in every State. ber on the Appropriations Committee eral assistance to assist Illinois com- The bill includes a 4-percent increase again. We don’t get to the place where munities. for the Indian Health Service and in- we are today or to a level of consensus I introduced a bill to fix FEMA’s dis- cludes $10 million in new grant funds to without getting a lot of good, hard aster declaration formula—the Fair- help Tribes address opioid addiction work done. I appreciate his commit- ness in Federal Disaster Declarations and substance abuse challenges in In- ment in working through it and the re- Acts—and I will continue to push this dian Country, as Chairman MURKOWSKI lationship we have built. So thank you. bill to try and help States, both small talked about a little bit in her speech. Thank you very much. and large, in times of need. Families in This bill fully funds the Payment in f Illinois deserve a fair and transparent Lieu of Taxes Program to assist local MORNING BUSINESS disaster declaration process that al- governments to improve their schools lows them to access Federal resources and roads and pay for public safety and Ms. MURKOWSKI. Mr. President, I when they are needed most. law enforcement. ask unanimous consent that the Sen- I want to thank everyone who was This bill maintains funding for the ate be in a period of morning business, engaged in the response and mitigation EPA at the fiscal year 2018-enacted with Senators permitted to speak efforts, and all those who were part of level to protect our environment and therein for up to 10 minutes each. the recovery efforts since last July. Il- public health. We have taken a strong The PRESIDING OFFICER. Without linoisans always come together and re- position rejecting the devastating cuts objection, it is so ordered. build, as we have done, and we are the President has proposed for the f stronger for it. third year in a row. Our bipartisan f track record on EPA funding makes it ONE-YEAR ANNIVERSARY OF loud and clear that such extreme pro- NORTHERN ILLINOIS FLOODING REMEMBERING TEDDY DRAPER, posals will continue to be viewed in Mr. DURBIN. Mr. President, last SR. Congress as dead on arrival. July, heavy rain in Illinois caused se- Mr. UDALL. Mr. President, today I Now, I feel strongly that keeping vere flooding that led the Governor to wish to pay tribute to Teddy Draper, EPA funding flat year after year is in- declare disaster areas in Lake, Sr.—a brave Navajo code talker and a sufficient to meet the true needs of McHenry, Kane, and Cook Counties. beloved teacher who has helped keep EPA’s clean water programs, clean air Thousands of buildings, including the Navajo language alive. programs, State and Tribal assistance homes, businesses, and schools, were Mr. Draper was born in Canyon del grants, environmental enforcement, damaged by floodwaters. Thankfully, Muerto—a beautiful and ancient can- and a score of other critical public there were no fatalities as a result of yon within the Canyon del Chelly Na- health and environmental programs. this historic flooding. tional Monument—near Chinle, AZ. While I recognize the bill before us is a Lake County was one of the areas Mr. Draper was a longtime and popular compromise, I will continue to pursue most impacted by the flooding. When I Chinle resident and passed away De- increased funding for these critical visited two towns in this area— cember 14, 2017, at age 96. He was one of EPA programs in future years. Libertyville and Gurnee—I saw street the last Navajo code talker survivors. I recognize there is always room for after street of flood damage to homes As a young boy, Mr. Draper grew up improvement, and I welcome all of our and businesses. It was heartbreaking. speaking Navajo and helping his family

VerDate Sep 11 2014 03:28 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JY6.022 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE July 23, 2018 CONGRESSIONAL RECORD — SENATE S5127 raise cattle, sheep, and turkeys in Can- REMEMBERING PEDRO GONZALEZ Mr. Gonzalez is part of American and yon del Muerto. He didn’t attend Mr. UDALL. Mr. President, today I New Mexico history. He fought for his school until age 14. ‘‘I barely knew a wish to pay tribute to Pedro Gonzalez— country and, through bravery, deter- word of English,’’ he said. At that a brave World War II veteran who en- mination, and grit, survived the bru- time, the reservation’s U.S. Govern- dured the Bataan Death March and 31⁄2 tality of the Bataan Death March and ment-run boarding school in Fort years in captivity in the Philippines captivity. I honor all that Pedro Gon- Wingate, NM, punished students for and in Japan. Mr. Gonzalez passed zalez achieved and experienced to pre- speaking Navajo. Time after time, ‘‘I away January 6, 2018, at the age of 96. serve international peace and stability. had to kneel in the corner,’’ he said, Mr. Gonzalez was born in Las Cruces, and he tried to run away. NM, and later moved to Los Lunas, f where he graduated from high school. The Marines recruited Mr. Draper Shortly after graduation, in 1940, he from high school to join the Navajo REMEMBERING DAVID EARL enlisted in the Army Air Corps. He was PATTERSON, SR. code talkers. He served in the Fifth assigned to the 19th Bombardment Marine Division and fought at Iwo Group in the Philippines. Mr. UDALL. Mr. President, I wish to Jima. On December 8, 1941—7 hours after honor David Earl Patterson, Sr., a man Iwo Jima was a critically strategic the attack on Pearl Harbor—Japanese who gave selflessly to his family, the battle for the Allies. The island served bombers attacked U.S. military sta- Navajo Nation, and his country. as a Japanese air base and safe haven tions in the Philippines. Mr. Gonzalez Mr. Patterson was born November 11, for naval units, and the Allies wanted had learned earlier that they had at- 1922. He was Tachil’nii—Red Running to secure it to support bombing mis- tacked Hawaii, and, when he first Into the Water People Clan, born for sions and emergency air landings. Dur- heard planes that morning, he thought Kinlichii’nii—the Red House People ing the first 2 days of the 36-day battle, there were U.S. reinforcements. They Clan. He attended Catholic school in six Navajo code talkers worked around were not. Shiprock NM, and remained a devout the clock, sending and receiving more Mr. Gonzalez and American troops Catholic his entire life. than 800 messages—all without error. fought valiantly to defend the Phil- Mr. Patterson entered the U.S. Ma- ippines, but they ran low on ammuni- According to Marine division signal of- rine Corps in 1943 and was one of about tions, supplies, food, and manpower ficer Major Howard Connor, ‘‘Were it 400 Navajo code talkers trained on and were forced to surrender in April not for the Navajo, the Marines would radio communications. He served in 1942. Fifteen thousand Americans and the Marshall Islands, the islets of Roi never have taken Iwo Jima.’’ 60,000 Filipinos were taken prisoner. and Namur, the Kwajalein Atoll, During the battle, a bomb on Mount These prisoners of war then began Saipan, and Iwo Jima. Navajo code Suribachi killed two of his fellow sol- the 60-mile long Bataan Death March. talkers played a critical role in the diers and cost Mr. Draper most of his Mr. Gonzalez was only 20 years old. He Battle of Iwo Jima. During the first 2 hearing. Atop that same mount, Mr. recalled they had ‘‘no food, no water,’’ days of the battle, the marines had six Draper radioed, on February 25, 1945, that men were beaten and beheaded, Navajo code talkers who worked ‘‘We have raised the flag; we have and bodies were strewn in the road. around the clock during the first 2 days taken the hill.’’ The ‘‘first raising of During the march, one of his com- of the battle. They sent and received the flag’’ on Mount Suribachi is fa- manding officers told him, ‘‘Pete, you over 800 messages, all without error. mously memorialized in a wartime keep that smile on your face and Their marine commander said later, photograph and by the Marine Corps you’re gonna make it back.’’ During ‘‘Were it not for the Navajos, the Ma- War Memorial in Arlington, VA. part of the journey, the men were rines would never have taken Iwo hauled in box cars, packed as tight as Jima.’’ Mr. Patterson received an hon- After the war, Mr. Draper volun- could be. Mr. Gonzalez stood right at teered for occupation duty, and became orable discharge in 1945. the edge of the door and survived, but Mr. Patterson was humble about his so fluent in Japanese that he served as it was said that five to six of the men an interpreter. Mr. Draper said, ‘‘When wartime contribution to our Nation in his boxcar died. and did not talk much about his World I was going to boarding school, the Mr. Gonzalez suffered cerebral ma- U.S. government told us not to speak War II experience. The United States laria, dengue, beriberi, shrapnel honored him and his fellow Navajo code Navajo, but during the war, they want- wounds, a broken back, a dislocated talkers with the Congressional Silver ed us to speak it!’’ During combat, he knee, and broken fingers but he sur- Medal of Honor in 2001. determined that ‘‘if I can get back to vived the years of captivity. After he After the war, Mr. Patterson married the reservation safely, I want to be- returned home, he was awarded a Sil- Marion Patterson, and they raised come a Navajo language teacher and ver Star for valor in combat and two seven children. He was a beloved hus- educate young Navajos.’’ That is ex- Purple Hearts for his injuries. actly what he did. Mr. Draper dedi- I had the privilege of meeting Mr. band, father, and grandfather. cated himself to preserving the Navajo Gonzalez during filming of a local Pub- He attended college in Oklahoma and language—Dine´ bizaad—teaching many lic Broadcasting Corporation documen- New Mexico and became a social work- years at Rough Rock Community High tary honoring the 70th anniversary of er for the Navajo Nation until his re- School. He lacked teaching materials, the Bataan fall. He was a gentle, soft- tirement in 1987, working decades for and so he created his own, producing a spoken man who was humble about the the welfare of his people. Even after re- curriculum and two workbooks that bravery and fortitude he exhibited dur- tirement, he served until 2012 as a fos- continue to be the staple of many Nav- ing those harsh years. ter parent in the Shiprock schools ajo language classes today. After the war, Mr. Gonzalez moved to until 2012. Mr. Patterson was a passionate bowl- Despite his loss of hearing from the Albuquerque, began a family, and worked at what was then called Sandia er, a baseball aficionado, and a bingo war, Mr. Draper was not awarded the player. Bowling at every New Mexico Purple Heart until 2004, after years of Base, which later merged with Kirtland Air Force Base. After, he worked for bowling center was on his bucket list, appeals. In 2001, he received the Con- the Department of Defense as an inven- and he found time to coach Little gressional Silver Medal, along with tory specialist for nuclear weapons and League Baseball and Softball in other Navajo code talkers. In 2013, he as a financial officer for different Shiprock. received the Arizona Indian Living branches of the military, retiring in Mr. Patterson lived a full and gen- Treasures Award. the 1980s. After retirement, he stayed erous life until his passing on October Mr. Draper leaves 12 children, 57 involved with veterans’ organizations 8, 2017 at age 94. He was one of the last grandchildren, and more than 20 great- and served as local commander of a surviving Navajo code talkers. grandchildren. Mr. Draper also leaves a chapter of former prisoners of war. I am honored to pay tribute to Mr. remarkable legacy of commitment to Mr. Gonzalez is preceded in death by Patterson, a family man and a hero country and community, and I honor his wife and is survived by two sons who never stopped giving to his com- his life today. and their spouses. munity and people.

VerDate Sep 11 2014 03:28 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JY6.040 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE S5128 CONGRESSIONAL RECORD — SENATE July 23, 2018 ADDITIONAL STATEMENTS me and my staff. It was a pleasure to I want to thank Bethany for the dedi- have her as part of our team. I know cation she has shown while working for she will have continued success with me and my staff. It was a pleasure to TRIBUTE TO MIKE ESPY all of her future endeavors. I wish her have her as part of our team. I know ∑ Mr. BARRASSO. Mr. President, I all my best on her next journey.∑ she will have continued success with would like to take the opportunity to f all of her future endeavors. I wish her all my best on her next journey.∑ express my appreciation to Mike for TRIBUTE TO LUCAS NAREL- his hard work as an intern in the Sen- AGUILAR f ate Committee on Environment and ∑ Public Works. I recognize his efforts Mr. BARRASSO. Mr. President, I TRIBUTE TO ISABELLE REDFIELD and contributions to my office, as well would like to take the opportunity to ∑ Mr. BARRASSO. Mr. President, I as to the State of Wyoming. express my appreciation to Lucas for would like to take the opportunity to Mike is a native of Savery. He is a his hard work as an intern in the Sen- express my appreciation to Isabelle for junior at the University of Wyoming, ate Committee on Environment and her hard work as an intern in the Sen- where he is studying environmental Public Works. I recognize his efforts ate Committee on Environment and systems science, biology, and chem- and contributions to my office, as well Public Works. I recognize her efforts istry. He has demonstrated a strong as to the State of Wyoming. and contributions to my office, as well work ethic, which has made him an in- Lucas is a native of Maryland. He is as to the State of Wyoming. valuable asset to our office. The qual- a sophomore at Cornell University, Isabelle is a native of Colorado. She ity of his work is reflected in his great where he is studying environmental is a student at Southern Methodist efforts over the last several months. and sustainability sciences. He has University, where she is majoring in I want to thank Mike for the dedica- demonstrated a strong work ethic, political science, corporate commu- tion he has shown while working for which has made him an invaluable nication, and public affairs. She has me and my staff. It is a pleasure to asset to our office. The quality of his demonstrated a strong work ethic, have him as part of our team. I know work is reflected in his great efforts which has made her an invaluable asset he will have continued success with all over the last several months. to our office. The quality of her work is of his future endeavors. I wish him all I want to thank Lucas for the dedica- reflected in her great efforts over the my best on his journey.∑ tion he has shown while working for last several months. me and my staff. It is a pleasure to f I want to thank Isabelle for the dedi- have him as part of our team. I know cation she has shown while working for TRIBUTE TO ISABELLA GOSS he will have continued success with all me and my staff. It was a pleasure to ∑ of his future endeavors. I wish him all have her as part of our team. I know Mr. BARRASSO. Mr. President, I my best on his journey.∑ would like to take the opportunity to she will have continued success with express my appreciation to Bella for f all of her future endeavors. I wish her her hard work as an intern at the Sen- TRIBUTE TO PATRICIA PATNODE all my best on her next journey.∑ ate Republican Policy Committee. I ∑ Mr. BARRASSO. Mr. President, I f recognize her efforts and contributions would like to take the opportunity to TRIBUTE TO NATHANIEL SANCHEZ to my office, as well as to the State of express my appreciation to Patricia for ∑ Wyoming. her hard work as an intern in the Sen- Mr. BARRASSO. Mr. President, I Bella is a native of Casper. She is a ate Committee on Environment and would like to take the opportunity to junior at Rocky Mountain College, Public Works. I recognize her efforts express my appreciation to Nate for his where she is studying political science and contributions to my office, as well hard work as an intern in the Senate and communication studies. She has as to the State of Wyoming. Committee on Environment and Public demonstrated a strong work ethic, Patricia is a native of Oklahoma. She Works. I recognize his efforts and con- which has made her an invaluable asset is a student at Loras College, where tributions to my office, as well as to to our office. The quality of her work is she is majoring in philosophy. She has the State of Wyoming. reflected in her great efforts over the demonstrated a strong work ethic, Nate is a native of Illinois. He is a last several months. which has made her an invaluable asset student at Northern Illinois Univer- I want to thank Bella for the dedica- to our office. The quality of her work is sity, where he is majoring in political tion she has shown while working for reflected in her great efforts over the science and communications. He has me and my staff. It was a pleasure to last several months. demonstrated a strong work ethic, have her as part of our team. I know I want to thank Patricia for the dedi- which has made him an invaluable she will have continued success with cation she has shown while working for asset to our office. The quality of his all of her future endeavors. I wish her me and my staff. It was a pleasure to work is reflected in his great efforts all my best on her next journey.∑ have her as part of our team. I know over the last several months. f she will have continued success with I want to thank Nate for the dedica- all of her future endeavors. I wish her tion he has shown while working for TRIBUTE TO VICTORIA LANGE all my best on her next journey.∑ me and my staff. It is a pleasure to ∑ have him as part of our team. I know Mr. BARRASSO. Mr. President, I f would like to take the opportunity to he will have continued success with all express my appreciation to Victoria for TRIBUTE TO BETHANY RAVER of his future endeavors. I wish him all her hard work as an intern in the Sen- ∑ Mr. BARRASSO. Mr. President, I my best on his journey.∑ ate Committee on Environment and would like to take the opportunity to f Public Works. I recognize her efforts express my appreciation to Bethany for and contributions to my office, as well her hard work as an intern at the Sen- TRIBUTE TO MIKALAH SKATES as to the State of Wyoming. ate Republican Policy Committee. I ∑ Mr. BARRASSO. Mr. President, I Victoria is a native of New York. She recognize her efforts and contributions would like to take the opportunity to is a student at Lander University, to my office, as well as to the State of express my appreciation to Mikalah for where she is majoring in management Wyoming. her hard work as an intern in my and marketing. She has demonstrated Bethany is a native of Casper. She is Washington, DC office. I recognize her a strong work ethic, which has made a student at Casper College, where she efforts and contributions to my office her an invaluable asset to our office. is studying business administration. as well as to the State of Wyoming. The quality of her work is reflected in She has demonstrated a strong work Mikalah is a native of Casper. She re- her great efforts over the last several ethic, which has made her an invalu- cently graduated from the University months. able asset to our office. The quality of of Wyoming, where she studied French, I want to thank Victoria for the dedi- her work is reflected in her great ef- political science, and international cation she has shown while working for forts over the last several months. studies. She has demonstrated a strong

VerDate Sep 11 2014 05:00 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JY6.027 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE July 23, 2018 CONGRESSIONAL RECORD — SENATE S5129 work ethic, which has made her an in- this honor. It is fitting that they re- PRESIDENTIAL MESSAGE valuable asset to our office. The qual- ceive this award jointly, as their perity of her work is reflected in her great sonal and professional lives have been a efforts over the last several months. team effort for the past 44 years and REPORT RELATIVE TO THE CON- I want to thank Mikalah for the dedi- have been guided by their strong Jew- TINUATION OF THE NATIONAL cation she has shown while working for ish identity and heritage from the EMERGENCY WITH RESPECT TO me and my staff. It was a pleasure to start. SIGNIFICANT TRANSNATIONAL have her as part of our team. I know Ida and Irwin met at a United Syna- CRIMINAL ORGANIZATIONS THAT she will have continued success with gogue Youth event in high school and WAS ESTABLISHED IN EXECU- all of her future endeavors. I wish her have been together ever since. It is TIVE ORDER 13581 ON JULY 24, all my best on her next journey.∑ their faith and commitment to the 2011 RECEIVED DURING AD- JOURNMENT OF THE SENATE ON f Jewish people that helped bring them together, and they remain active mem- JULY 20, 2018—PM 46 TRIBUTE TO HARRISON TRUE bers of the Jewish community. Irwin The PRESIDING OFFICER laid be- ∑ Mr. BARRASSO. Mr. President, I serves as the Ohio chapter Chairman fore the Senate the following message would like to take the opportunity to and National Board member of the from the President of the United express my appreciation to Harrison Friends of the Israel Defense Forces, on States, together with an accompanying for his hard work as an intern in my the National Council of the American report, which was referred to the Com- Washington, DC, office. I recognize his Israel Public Affairs Committee, and is mittee on Banking, Housing, and efforts and contributions to my office, a member of the Endowment Fund Urban Affairs: as well as to the State of Wyoming. Committee of the Jewish Federation of To the Congress of the United States: Harrison is a native of Casper. He is Cleveland. Additionally, he and Ida serve in leadership roles for the Univer- Section 202(d) of the National Emer- studying business at Casper College. He gencies Act (50 U.S.C. 1622(d)) provides has demonstrated a strong work ethic, sity Hospitals Ahuja Medical Center. Business has been a family venture for the automatic termination of a na- which has made him an invaluable tional emergency unless, within 90 asset to our office. The quality of his for the Habers as well. In 1993, Irwin became the chairman and owner and days before the anniversary date of its work is reflected in his great efforts declaration, the President publishes in over the last several months. Ida became vice president of the PDI the Federal Register and transmits to I want to thank Harrison for the Group. Their leadership and vision for this manufacturer of weapons platform the Congress a notice stating that the dedication he has shown while working emergency is to continue in effect be- for me and my staff. It is a pleasure to support systems has built an inter- nationally reputable business that pro- yond the anniversary date. In accord- have him as part of our team. I know ance with this provision, I have sent to he will have continued success with all vides equipment to U.S. Air Force and Navy and 45 air forces across the world. the Federal Register for publication the of his future endeavors. I wish him all enclosed notice stating that the na- my best on his journey.∑ The PDI Group has been recognized by the U.S. Small Business Association tional emergency with respect to sig- f and the Department of Commerce for nificant transnational criminal organi- TRIBUTE TO JACK TWIFORD its accomplishments and excellence. zations declared in Executive Order 13581 of July 24, 2011, is to continue in ∑ Mr. BARRASSO. Mr. President, I Ida and Irwin Haber have led lives of faith and have served their customers effect beyond July 24, 2018. would like to take the opportunity to The activities of significant express my appreciation to Jack for his and their community admirably. Per- haps their greatest achievement is transnational criminal organizations hard work as an intern in my Wash- have reached such scope and gravity ington, DC, office. I recognize his ef- their beautiful family. They have three adult children, Nathan, Ryan, and that they threaten the stability of forts and contributions to my office as international political and economic well as to the State of Wyoming. Rena, who work for the family business; two daughters-in-law, Yana and systems. Such organizations are in- Jack is a native of Story. He is a creasingly sophisticated and dangerous freshman at Loyola Marymount Uni- Shlomit; and three granddaughters, Arianna, Ava, and Noa. to the United States; they are increas- versity, where he is studying inter- ingly entrenched in the operations of national relations and Spanish. He has On a personal level, Jane and I are grateful for Ida and Irwin’s advice and foreign governments and the inter- demonstrated a strong work ethic, national financial system, thereby which has made him an invaluable friendship, for having us to their home for Shabbat dinner, and for numerous weakening democratic institutions, de- asset to our office. The quality of his grading the rule of law, and under- work is reflected in his great efforts other good memories. On behalf of the U.S. Senate, I con- mining economic markets. These orga- over the last several months. nizations facilitate and aggravate vio- I want to thank Jack for the dedica- gratulate Ida and Irwin Haber for being honored with the Jewish National lent civil conflicts and increasingly fa- tion he has shown while working for cilitate the activities of other dan- me and my staff. It is a pleasure to Fund’s Northern Ohio Tree of Life Award.∑ gerous persons. have him as part of our team. I know The activities of significant he will have continued success with all f transnational criminal organizations of his future endeavors. I wish him all MESSAGES FROM THE PRESIDENT continue to pose an unusual and ex- my best on his journey.∑ traordinary threat to the national se- Messages from the President of the f curity, foreign policy, and economy of United States were communicated to the United States. Therefore, I have de- TRIBUTE TO IDA AND IRWIN the Senate by Ms. Cuccia, one of his termined that it is necessary to con- HABER secretaries. tinue the national emergency declared ∑ Mr. PORTMAN. Mr. President, I f in Executive Order 13581 with respect want to recognize my dear friends Ida to transnational criminal organiza- and Irwin Haber for receiving the Jew- EXECUTIVE MESSAGES REFERRED tions. ish National Fund’s Northern Ohio As in executive session the Presiding DONALD J. TRUMP. Tree of Life Award. This award is given Officer laid before the Senate messages THE WHITE HOUSE, July 20, 2018. in recognition of outstanding commu- from the President of the United f nity involvement, professional leader- States submitting sundry nominations ship, and dedication to the cause of and a withdrawal which were referred MESSAGE FROM THE HOUSE American-Israeli friendship with the to the appropriate committees. At 3:04 p.m., a message from the devotion to peace and the security of (The messages received today are House of Representatives, delivered by human life. Ida and Irwin Haber are of printed at the end of the Senate pro- Mr. Novotny, one of its reading clerks, the utmost quality and character for ceedings.) announced that the House has agreed

VerDate Sep 11 2014 03:28 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JY6.033 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE S5130 CONGRESSIONAL RECORD — SENATE July 23, 2018 to the following concurrent resolution, SENATE RESOLUTION NO. 326 S. 612. A bill to provide for the in which it requests the concurrence of Whereas, The Lewis and Clark Expedition unencumbering of title to non-Federal land the Senate: (Expedition) and the Corps of Discovery are owned by the city of Tucson, Arizona, for nationally significant for their exploration purposes of economic development by con- H. Con. Res. 119. Concurrent resolution ex- of the Louisiana Territory and search for an veyance of the Federal reversionary interest pressing the sense of Congress that a carbon all water route to the Pacific Ocean; and to the City (Rept. No. 115–306). tax would be detrimental to the United Whereas, Under orders by President Thom- H.R. 1547. A bill to provide for the States economy. as Jefferson, the expedition was responsible unencumbering of title to non-Federal land f for mapping the territory explored, as well owned by the city of Tucson, Arizona, for purposes of economic development by con- MEASURES REFERRED as documenting new species of plants and animals and engaging with the Native Amer- veyance of the Federal reversionary interest The following concurrent resolution ican tribes they encountered; and to the City (Rept. No. 115–307). was read, and referred as indicated: Whereas, Although part of the route was f unmapped territory, the Lewis and Clark Ex- H. Con. Res. 119. Concurrent resolution expedition was able to use maps provided to INTRODUCTION OF BILLS AND pressing the sense of Congress that a carbon them by Native Americans, European explor- JOINT RESOLUTIONS tax would be detrimental to the United ers and fur traders; and States economy; to the Committee on Fi- The following bills and joint resolu- Whereas, Ultimately, the expedition was nance. tions were introduced, read the first able to link routes and maps together to find f passage from St. Louis to the Pacific Ocean, and second times by unanimous consent, and referred as indicated: EXECUTIVE AND OTHER a feat that had never before been accom- COMMUNICATIONS plished; and By Mr. CRUZ (for himself and Ms. COR- Whereas, In order to recognize the historic TEZ MASTO): The following communications were significance of the Lewis and Clark Expedi- S. 3255. A bill to prohibit the President or laid before the Senate, together with tion, the National Park Service previously a Federal agency from constructing, oper- accompanying papers, reports, and doc- designated a trail that runs from Wood ating, or offering wholesale or retail services uments, and were referred as indicated: River, Illinois, to the West Coast in Oregon on broadband networks without authoriza- and Washington; and tion from Congress, and for other purposes; EC–6010. A communication from the Sec- Whereas, Public Law 110–229, passed by the to the Committee on Commerce, Science, retary of Commerce, transmitting, pursuant Congress of the United States in 2008, au- and Transportation. to law, a report relative to the export to the thorized the Secretary of the Interior to f People’s Republic of China of items not det- study additional sites associated with the rimental to the U.S. space launch industry; preparation and return phases of the expedi- SUBMISSION OF CONCURRENT AND to the Committee on Banking, Housing, and tion, located in Pennsylvania, Virginia, the SENATE RESOLUTIONS Urban Affairs. District of Columbia, Maryland, Delaware, EC–6011. A communication from the Assist- The following concurrent resolutions West Virginia, Ohio, Kentucky, Tennessee, and Senate resolutions were read, and ant Secretary, Legislative Affairs, Depart- Indiana, Missouri and Illinois; and ment of State, transmitting, pursuant to Whereas, Those sites were to be considered referred (or acted upon), as indicated: section 36(d) of the Arms Export Control Act, for inclusion in the ‘‘Eastern Legacy’’ of the By Mr. CRUZ: the certification of a proposed license for the expedition; and S. Res. 587. A resolution commemorating export of defense articles, including tech- Whereas, The National Park Service evalu- July 2018 as ‘‘Liu Xiaobo Victims of Com- nical data, and defense services for the man- ated 25 distinct route segments used by the munism Month’’; to the Committee on For- ufacture of significant military equipment Corps of Discovery, for the expedition to de- eign Relations. abroad to Australia, New Zealand, Switzer- termine if they met the criteria for national f land, and the United Kingdom to support the significance established by the National manufacture of the Communication, Naviga- Trails System Act; and ADDITIONAL COSPONSORS tion, and Identification (CNI) Audio Control Whereas, In August 2016, the National Park S. 45 Service published its Draft Lewis and Clark Electronic (ACE) module for the F–35 Joint At the request of Mr. CRUZ, the name National Historic Trail Extension Study, Strike Fighter Aircraft(Transmittal No. of the Senator from Mississippi (Mrs. DDTC 17–074); to the Committee on Foreign finding that three sections met the criteria Relations. established for inclusion in the Lewis and HYDE-SMITH) was added as a cosponsor EC–6012. A communication from the Dep- Clark National Historic Trail, and of S. 45, a bill to amend the Immigra- uty Assistant General Counsel for Regu- Whereas, Those segments include the Ohio tion and Nationality Act to increase latory Affairs, Pension Benefit Guaranty River, from Pittsburgh, Pennsylvania, to penalties for individuals who illegally Corporation, transmitting, pursuant to law, Louisville, Kentucky; from Louisville, Ken- reenter the United States after being the report of a rule entitled ‘‘Benefits Pay- tucky, to the confluence with the Mississippi removed and for other purposes. able in Terminated Single-Employer Plans; River; and from the Mississippi River’s con- S. 87 Interest Assumptions for Paying Benefits’’ fluence with the Ohio River at Cairo, Illi- At the request of Mr. TOOMEY, the (29 CFR Part 4022) received in the Office of nois, to Wood River, Illinois; and the President of the Senate on July 19, 2018; Whereas, A portion of the proposed exten- name of the Senator from Mississippi to the Committee on Health, Education, sion of the Lewis and Clark National His- (Mrs. HYDE-SMITH) was added as a co- Labor, and Pensions. toric Trail includes sites along the Ohio sponsor of S. 87, a bill to ensure that EC–6013. A communication from the Assist- River in this Commonwealth; and State and local law enforcement may Whereas, The inclusion of this segment ant Secretary, Legislative Affairs, Depart- cooperate with Federal officials to pro- ment of State, transmitting, pursuant to along the Lewis and Clark National Historic Trail is not only historically significant and tect our communities from violent law, the report of a rule entitled ‘‘Visas: criminals and suspected terrorists who Documentation of Nonimmigrants Under the appropriate, but may have a positive eco- Immigration and Nationality Act, as Amend- nomic impact on those ties; therefore be it are illegally present in the United Resolved, That the Senate of the Common- ed’’ (RIN1400–AD17) received in the Office of States. wealth of Pennsylvania urge the Congress of the President of the Senate on July 19, 2018; S. 130 the United States to adopt the National to the Committee on the Judiciary. At the request of Ms. BALDWIN, the Park Service’s recommendation to extend f the Lewis and Clark National Historic Trail name of the Senator from Vermont (Mr. LEAHY) was added as a cosponsor PETITIONS AND MEMORIALS to include the additional sites along the Lewis and Clark Expedition’s Eastern Leg- of S. 130, a bill to require enforcement The following petition or memorial acy; and be it further against misbranded milk alternatives. was laid before the Senate and was re- Resolved, That copies of this resolution be S. 263 ferred or ordered to lie on the table as transmitted to the presiding officers of each At the request of Mrs. CAPITO, the indicated: chamber of Congress and to each member of name of the Senator from Wyoming Congress from Pennsylvania. POM–277. A resolution adopted by the Sen- (Mr. BARRASSO) was added as a cospon- ate of the Commonwealth of Pennsylvania f sor of S. 263, a bill to facilitate effi- urging the United States Congress to adopt REPORTS OF COMMITTEES cient State implementation of ground- the National Park Service’s recommendation level ozone standards, and for other to extend the Lewis and Clark National His- The following reports of committees toric Trail to include the additional sites were submitted: purposes. along the Lewis and Clark Expedition’s East- By Ms. MURKOWSKI, from the Committee S. 266 ern Legacy; to the Committee on Energy and on Energy and Natural Resources, without At the request of Mr. HATCH, the Natural Resources. amendment: name of the Senator from Alaska (Mr.

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S. 281 At the request of Mr. GARDNER, the S. 3049 At the request of Mr. LEE, the name name of the Senator from Indiana (Mr. At the request of Mr. WYDEN, the of the Senator from North Dakota (Ms. YOUNG) was added as a cosponsor of S. name of the Senator from New Jersey HEITKAMP) was added as a cosponsor of 1682, a bill to facilitate a national pipe- (Mr. BOOKER) was added as a cosponsor S. 281, a bill to amend the Immigration line of spectrum for commercial use, of S. 3049, a bill to amend the Help and Nationality Act to eliminate the and for other purposes. America Vote Act of 2002 to require per-country numerical limitation for S. 1806 paper ballots and risk-limiting audits employment-based immigrants, to in- At the request of Mrs. MURRAY, the in all Federal elections, and for other crease the per-country numerical limi- name of the Senator from Washington purposes. tation for family-sponsored immi- (Ms. CANTWELL) was added as a cospon- S. 3051 grants, and for other purposes. sor of S. 1806, a bill to amend the Child At the request of Mr. HOEVEN, the S. 301 Care and Development Block Grant Act name of the Senator from Montana At the request of Mr. LANKFORD, the of 1990 and the Head Start Act to pro- (Mr. TESTER) was added as a cosponsor name of the Senator from Mississippi mote child care and early learning, and of S. 3051, a bill to require the Sec- (Mrs. HYDE-SMITH) was added as a co- for other purposes. retary of Transportation to establish a sponsor of S. 301, a bill to amend the S. 2313 working group to study regulatory and Public Health Service Act to prohibit At the request of Mr. VAN HOLLEN, legislative improvements for the live- governmental discrimination against the names of the Senator from Con- stock, insect, and agricultural com- providers of health services that are necticut (Mr. BLUMENTHAL) and the modities transport industries, and for not involved in abortion. Senator from Maine (Ms. COLLINS) were other purposes. added as cosponsors of S. 2313, a bill to S. 1050 S. 3155 deter foreign interference in United At the request of Ms. DUCKWORTH, At the request of Mrs. FEINSTEIN, the States elections, and for other pur- the names of the Senator from Maine name of the Senator from New York poses. (Mr. KING) and the Senator from Dela- (Mrs. GILLIBRAND) was added as a co- S. 2468 ware (Mr. COONS) were added as cospon- sponsor of S. 3155, a bill to ban the use sors of S. 1050, a bill to award a Con- At the request of Ms. HIRONO, the of ortho-phthalate chemicals as food gressional Gold Medal, collectively, to name of the Senator from Vermont contact substances. the Chinese-American Veterans of (Mr. LEAHY) was added as a cosponsor of S. 2468, a bill to provide access to S. 3160 World War II, in recognition of their At the request of Mr. CARDIN, the dedicated service during World War II. counsel for unaccompanied alien children. name of the Senator from Connecticut S. 1084 (Mr. BLUMENTHAL) was added as a co- S. 2490 At the request of Mr. TOOMEY, the sponsor of S. 3160, a bill to amend title At the request of Mr. SCOTT, the name of the Senator from Florida (Mr. name of the Senator from Nevada (Mr. XVIII of the Social Security Act to im- RUBIO) was added as a cosponsor of S. prove access to, and utilization of, bone HELLER) was added as a cosponsor of S. 1084, a bill to amend title 18, United 2490, a bill to amend the Real Estate mass measurement benefits under part States Code, to require that the Direc- Settlement Procedures Act of 1974 to B of the Medicare program by estab- tor of the Bureau of Prisons ensure modify requirements related to mort- lishing a minimum payment amount that each chief executive officer of a gage disclosures. under such part for bone mass meas- Federal penal or correctional institu- urement. S. 2506 tion provides a secure storage area lo- At the request of Mr. INHOFE, the S. 3166 cated outside of the secure perimeter name of the Senator from Michigan At the request of Mrs. ERNST, the of the Federal penal or correctional in- (Ms. STABENOW) was added as a cospon- names of the Senator from Arkansas stitution for firearms carried by cer- sor of S. 2506, a bill to establish an (Mr. BOOZMAN), the Senator from tain employees of the Bureau of Pris- aviation maintenance workforce devel- Maine (Ms. COLLINS), the Senator from ons, and for other purposes. opment pilot program. Georgia (Mr. ISAKSON) and the Senator S. 1301 S. 2580 from Kansas (Mr. MORAN) were added At the request of Mr. NELSON, the At the request of Mr. MENENDEZ, the as cosponsors of S. 3166, a bill to award name of the Senator from Missouri name of the Senator from Maryland a Congressional Gold Medal, collec- (Mrs. MCCASKILL) was added as a co- (Mr. VAN HOLLEN) was added as a co- tively, to the United States Army sponsor of S. 1301, a bill to amend title sponsor of S. 2580, a bill to amend title Rangers Veterans of World War II in XVIII of the Social Security Act to 13, United States Code, to make clear recognition of their extraordinary serv- provide for the distribution of addi- that each decennial census, as required ice during World War II. tional residency positions, and for for the apportionment of Representa- S. 3172 other purposes. tives in Congress among the several At the request of Mr. PORTMAN, the S. 1503 States, shall tabulate the total number name of the Senator from Minnesota At the request of Ms. WARREN, the of persons in each State, and to provide (Ms. KLOBUCHAR) was added as a co- names of the Senator from South Caro- that no information regarding United sponsor of S. 3172, a bill to amend title lina (Mr. SCOTT), the Senator from Col- States citizenship or immigration sta- 54, United States Code, to establish, orado (Mr. GARDNER), the Senator from tus may be elicited in any such census. fund, and provide for the use of Michigan (Ms. STABENOW), the Senator S. 2823 amounts in a National Park Service from Minnesota (Ms. SMITH) and the At the request of Mr. HATCH, the Legacy Restoration Fund to address Senator from Vermont (Mr. LEAHY) names of the Senator from North Da- the maintenance backlog of the Na- were added as cosponsors of S. 1503, a kota (Ms. HEITKAMP) and the Senator tional Park Service, and for other pur- bill to require the Secretary of the from Maryland (Mr. VAN HOLLEN) were poses. Treasury to mint coins in recognition added as cosponsors of S. 2823, a bill to S. 3174 of the 60th anniversary of the Naismith modernize copyright law, and for other At the request of Mr. SCHUMER, the Memorial Basketball Hall of Fame. purposes. name of the Senator from New Mexico S. 1640 S. 3045 (Mr. HEINRICH) was added as a cospon- At the request of Mr. DURBIN, the At the request of Mr. COTTON, the sor of S. 3174, a bill to decriminalize names of the Senator from Delaware names of the Senator from Georgia marijuana, and for other purposes.

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S. 3194 ity, mass starvations, and the murder of tens which lead to the deaths of an estimated At the request of Ms. WARREN, the of millions of people; 7,500,000 victims, including the Holodomor, name of the Senator from Minnesota Whereas awareness of the crimes against the deliberate genocidal famine of millions humanity committed by communist regimes of Ukranians; (Ms. KLOBUCHAR) was added as a co- on behalf of communist ideology throughout sponsor of S. 3194, a bill to amend the Whereas the Parliamentary Assembly of the world must inform the minds of the peo- the Council of Europe has adopted a resolu- Patient Protection and Affordable Care ple of the United States; tion declaring the ‘‘cruel and deliberate ac- Act to cap prescription drug cost-shar- Whereas Karl Marx and Friedrich Engels tions and policies of the Soviet regime’’ that ing, and for other purposes. published ‘‘The Communist Manifesto’’ in created the Holodomor were responsible for S. 3207 February 1848; the deaths of millions of people in Ukraine, Whereas ‘‘The Communist Manifesto’’ de- At the request of Mr. NELSON, the Belarus, Kazakhstan, Moldova, and Russia; fines communism as the ‘‘abolition of pri- Whereas the USSR conducted a series of name of the Senator from Minnesota vate property’’; ethnically motivated deportations under ex- (Ms. KLOBUCHAR) was added as a co- Whereas communists, in the words of Karl tremely harsh conditions, causing the deaths sponsor of S. 3207, a bill to amend the Marx and Friedrich Engels, ‘‘openly declare of several hundred thousand victims; Higher Education Act of 1965 to allow that their ends can be attained only by the forcible overthrow of all existing social con- Whereas the USSR funded communist rev- for the deferment of certain student olutions around the world and trained insur- loans during a period in which a bor- ditions’’; Whereas the crimes of communists were gent forces to topple existing governments, rower is receiving treatment for can- justified by class struggle theory and the including those in Mongolia, Romania, Viet- cer. principle of the dictatorship of the ‘‘prole- nam, Laos, Cambodia, Cuba, North Korea, S. 3227 tariat’’, and used terror as a method to pre- and China; Whereas agents associated with the USSR At the request of Ms. HARRIS, the serve the dictatorship; entered the Mongolian People’s Republic to names of the Senator from Minnesota Whereas Vladimir Lenin led the October Revolution in 1918 that forcibly overthrew engineer the Mongolian Great Terror, in (Ms. SMITH) and the Senator from the social and political institutions of Russia which approximately 35,000 people were exe- Maryland (Mr. VAN HOLLEN) were and resulted in the establishment of the first cuted, including approximately 18,000 Bud- added as cosponsors of S. 3227, a bill to communist government in history; dhist lamas; reunite families separated at or near Whereas the subsequent Red Terror that Whereas the Socialist Republic of Roma- ports of entry. followed the October Revolution claimed the nia, a Soviet-backed, communist regime, lives of approximately 1,500,000 Russians; committed massive human rights violations, S. 3247 Whereas Vladimir Lenin oversaw the mass killing or persecuting as many as 2,000,000 At the request of Mr. BOOZMAN, the campaign of violence of the October Revolu- people between 1945 and 1989; name of the Senator from Alaska (Ms. tion and the Red Terror with no moral Whereas the USSR recognized the inde- MURKOWSKI) was added as a cosponsor qualms, and asked instead: ‘‘How can you pendence of North Vietnam, legitimizing the of S. 3247, a bill to improve programs make a revolution without executions?’’; insurgency of Ho Chi Minh against France, and activities relating to women’s en- Whereas the Union of Soviet Socialist Re- as a means of fighting against the United trepreneurship and economic empower- publics (referred to in this preamble as the States; ment that are carried out by the ‘‘USSR’’) was formally established in 1922; Whereas, during the Vietnam War, com- Whereas the USSR partnered with Adolf United States Agency for International munist North Vietnam caused the deaths of Hitler and Nazi Germany in the 1930s, culmi- approximately 58,220 Americans; Development, and for other purposes. nating in the Molotov–Ribbentrop Pact of Whereas nearly 365,000 Vietnamese civil- S. RES. 220 1939; ians are estimated to have died as a result of At the request of Mr. MENENDEZ, the Whereas the USSR coordinated an invasion the Vietnam War, including in the horrific name of the Senator from Nevada (Ms. of eastern Poland in 1939 according to the massacre by North Vietnam at Hue´, Viet- terms of a secret additional protocol of the CORTEZ MASTO) was added as a cospon- nam; Molotov–Ribbentrop Pact of 1939; Whereas, after the Vietnam War, the Com- sor of S. Res. 220, a resolution express- Whereas the Red Army of the USSR and ing solidarity with Falun Gong practi- munist Party of Vietnam is estimated to Wehrmacht of Germany held a joint military have caused the deaths of approximately tioners who have lost lives, freedoms, parade in Brest, Poland, after which occupa- 430,000 people through executions, deporta- and rights for adhering to their beliefs tion of the city was transferred to the Red tions, and causing people to flee persecution, Army; and practices and condemning the many of whom were lost at sea; Whereas, during the USSR occupation of practice of non-consenting organ har- Whereas the Government of Vietnam con- Brest, Poland, the USSR arrested and de- tinues to suppress the basic human and civil vesting, and for other purposes. ported more than 500,000 Jewish refugees, rights of its citizens, including freedom of S. RES. 584 many of whom died en route to Siberia; speech, the press, association, and religion; At the request of Mr. SCHUMER, the Whereas the USSR carried out ruthless violence against religious minorities, includ- Whereas human rights activists and names of the Senator from Oregon (Mr. bloggers in Vietnam face harassment, in- WYDEN) and the Senator from New Jer- ing campaigns to suppress the religious traditions and culture of the Jewish population timidation, physical assault, and imprison- sey (Mr. BOOKER) were added as cospon- of the USSR; ment at the hands of the Government of sors of S. Res. 584, a resolution express- Whereas tens of thousands of Jews were Vietnam; ing the sense of the Senate against the killed between 1918 and 1920 as a result of or- Whereas the deaths of approximately 85,000 making available of current and former ganized pogroms during the civil war that people during and after the Laotian Civil diplomats, officials, and members of followed the Bolshevik Revolution in the War are attributable to the incursions of the Armed Forces of the United States USSR; communist North Vietnam; for questioning by the government of Whereas the USSR conducted open anti-Se- Whereas the USSR and North Vietnam helped install the communist Lao People’s Vladimir Putin. mitic campaigns aimed at completely eliminating Jewish cultural life; Revolutionary Party (referred to in this pre- f Whereas approximately 1,000,000 Jews were amble as the ‘‘LPRP’’) as the sole political SUBMITTED RESOLUTIONS killed by the German Einstzgruppen, or de- party of Laos; ployment groups, in USSR-occupied terri- Whereas the LPRP has been accused of tories during World War II; committing genocide against the Hmong people, with up to 100,000 people killed out of SENATE RESOLUTION 587—COM- Whereas, under Joseph Stalin alone, more a population of 400,000; MEMORATING JULY 2018 AS ‘‘LIU than 20,000,000 deaths occurred in the USSR as a result of executions, Gulag camps, and Whereas the LPRP still restricts many of XIAOBO VICTIMS OF COMMUNISM famine; the civil and political rights of its citizens, MONTH’’ Whereas, during the Great Purge in the including freedom of speech, association, re- Mr. CRUZ submitted the following USSR, approximately 700,000 political dis- ligion, and assembly; resolution; which was referred to the sidents were executed by gunshot to the Whereas the USSR and North Vietnam supported the Communist Party of Committee on Foreign Relations: back of the head; Whereas approximately 1,700,000 people Kampuchea (referred to in this preamble as S. RES. 587 died in the Gulag camps, where prisoners the ‘‘Khmer Rouge’’) in overthrowing the Whereas the communist ideology is di- ranging from political dissidents to petty government of the King of Cambodia; rectly responsible for crimes against human- criminals were subjected to forced labor, ex- Whereas, under the leadership of Pol Pot, ity; treme temperatures, and harsh treatment; the Khmer Rouge carried out the Cambodian Whereas communist regimes have been di- Whereas communist agricultural policies genocide, which caused the deaths of a 1⁄4 of rectly responsible for crimes against human- caused the Soviet Famine of 1932 to 1933, the population of Cambodia in only 4 years;

VerDate Sep 11 2014 03:28 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JY6.015 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE July 23, 2018 CONGRESSIONAL RECORD — SENATE S5133 Whereas the Khmer Rouge tortured and ex- Whereas Mao Zedong orchestrated the Whereas Liu Xiaobo was diagnosed with ecuted as many as 17,000 individuals in the deaths of more than 78,000,000 men, women, terminal liver cancer in May 2017; S–21 jail in Phnom Penh, Cambodia; and children over the course of 3 decades Whereas Liu Xiaobo died on July 13, 2017, Whereas the Killing Fields were sites in from starvation, forced labor, torture, public while serving his 11-year prison sentence, Cambodia where many Cambodians were execution, and warfare; and is survived by his wife Liu Xia; killed and left in mass graves by the Khmer Whereas Mao Zedong directed the cultural Whereas Liu Xiaobo dedicated his life to Rouge; genocide of the Tibetans, brutally executing freedom, not only in his own country of Whereas experts estimate that the remains approximately 92,000 people, who largely con- China, but across the world; of more than 1,300,000 victims of execution sisted of educated people and leaders of the Whereas the Communist Party of China are buried at the Killing Fields in Cambodia, Tibetan population; continues to prevent Liu Hui, the brother of representing only 60 percent of the full death Whereas Mao Zedong justified bloodshed as Liu Xia, from leaving China; toll of the Cambodian genocide; a necessity for communist revolution, say- Whereas, in different parts of the world, Whereas the Khmer Rouge brutally toring: ‘‘A revolution is not a dinner party, nor some totalitarian regimes survive and, by tured and executed Stuart Glass of Canada, a literary composition, nor painting nor em- continuing to cling to power, they commit John Dewhirst of Great Britain, and Kerry broidering. It cannot be done so delicately, crimes and impose a high cost to the well- Hamill of New Zealand after their boat so leisurely, so gentlemanly and gently, being of their people; and strayed into Cambodian waters in 1978; kindly, politely and modestly. Revolution is Whereas the millions of victims of com- Whereas the USSR lent the newly estab- insurrection, the violent action of one class munism, both present and past, are entitled overthrowing the power of another.’’; lished communist regime of Fidel Castro in to justice, sympathy, understanding, and Whereas the Communist Party of China Cuba economic and diplomatic support to recognition of their suffering: Now, there- faced its first existential threat to power in undermine the influence of the United States fore, be it June 1989, the same year the Berlin Wall colin the Western Hemisphere; Resolved, That the Senate commemorates lapsed, when students and professors peace- Whereas the President of Cuba, Fidel Cas- July 2018 as ‘‘Liu Xiaobo Victims of Com- fully demonstrated for democracy at tro, ordered the executions of 582 supporters munism Month’’. Tiananmen Square in Beijing, China; of the former Cuban government in 1959 fol- Whereas hundreds of the protesters at lowing the overthrow of former President Tiananmen Square in Beijing, China, lost f Fulgencio Batista; their lives at the hands of the Government of Whereas, under the authority of President the People’s Republic of China after the Gov- Castro, between 4,000 and 17,000 individuals AMENDMENTS SUBMITTED AND ernment sent troops and tanks to sweep the PROPOSED were executed by the infamous firing squads square clean; of the Cuban Communist Party; Whereas Liu Xiaobo, a visiting lecturer at SA 3399. Mr. SHELBY proposed an amend- Whereas, in the 1960s and 1970s, homo- Columbia University in the United States, ment to the bill H.R. 6147, making appropria- sexuals, clergy, and others who posed a left the United States to help lead the pro- tions for the Department of the Interior, en- threat to the regime of President Castro test at Tiananmen Square in Beijing, China; vironment, and related agencies for the fis- were rounded up and sent to labor camps for Whereas Liu Xiaobo initiated the cal year ending September 30, 2019, and for re-education; Tiananmen Four Gentlemen Hunger Strike, other purposes. Whereas President Castro acknowledged which lasted 3 days; holding up to 15,000 political prisoners in SA 3400. Ms. MURKOWSKI proposed an Whereas Liu Xiaobo is credited with saving amendment to amendment SA 3399 proposed 1964; the lives of many students by helping nego- by Mr. SHELBY to the bill H.R. 6147, supra. Whereas, under President Castro, the tiate evacuation of the students from Cuban Communist Party refused access to Tiananmen Square; SA 3401. Mr. WHITEHOUSE submitted an Cuba to international monitors such as the Whereas Liu Xiaobo was detained and amendment intended to be proposed by him International Committee of the Red Cross jailed from 1989 to 1991 for his role in the pro- to the bill H.R. 6147, supra; which was or- and Human Rights Watch; test at Tiananmen Square, and then jailed dered to lie on the table. Whereas the Government of Cuba con- again in 1996 through 1999 for advocating SA 3402. Mr. CRUZ (for himself, Mr. COT- tinues to heavily censor all media; that the Government of the People’s Repub- TON, Mr. LEE, and Mr. JOHNSON) submitted Whereas the Government of Cuba con- lic of China redress its wrongdoing in the an amendment intended to be proposed by tinues to deny basic human rights, including student protest; him to the bill H.R. 6147, supra; which was freedom of expression, religion, association, Whereas, in 1996, Liu Xiaobo married Liu ordered to lie on the table. and assembly; Xia, who has stood bravely by his side as a SA 3403. Ms. MURKOWSKI proposed an Whereas the USSR lent diplomatic and partner and fellow activist; amendment to the bill H.R. 589, to establish military support to the Democratic People’s Whereas, on December 9, 2008, a diverse Department of Energy policy for science and Republic of Korea and its ruling party, the group of more than 300 Chinese scholars, energy research and development programs, communist Worker’s Party of Korea (re- writers, lawyers, and activists issued Charter and reform National Laboratory manage- ferred to in this preamble as the ‘‘WPK’’), 08, a manifesto calling on the Communist ment and technology transfer programs, and shortly after the country was founded on Party of China to abandon authoritarian for other purposes. September 9, 1948; rule in favor of democracy, the guarantee of SA 3404. Ms. MURKOWSKI proposed an Whereas, during the Korean War, the WPK human rights, and the rule of law; amendment to the bill S. 2503, to establish caused the deaths of 36,914 Americans; Whereas Charter 08 boldly declared: ‘‘The Department of Energy policy for science and Whereas the WPK caused the deaths of an ‘New China’ established in 1949 is a ‘people’s energy research and development programs, estimated 1,700,000 people including through republic’ in name, but in reality it is a ‘party and reform National Laboratory manage- execution, forced labor, starvation, and domain.’ The ruling party monopolizes all ment and technology transfer programs, and Gulags; the political, economic, and social resources. for other purposes. Whereas the WPK continues to restrict all It has created a string of human rights disas- SA 3405. Mr. HELLER (for himself and Mr. civil and political liberties of its citizens; ters . . . causing tens of millions of deaths, BROWN) submitted an amendment intended Whereas the WPK prohibits political oppo- and exacting a disastrous price from both to be proposed to amendment SA 3399 pro- sition, independent media, civil society, and the people and the country.’’; posed by Mr. SHELBY to the bill H.R. 6147, trade unions; Whereas Liu Xiaobo was one of the original making appropriations for the Department Whereas the WPK currently incarcerates drafters of Charter 08 and was taken into of the Interior, environment, and related an estimated 200,000 political prisoners; custody just days before the manifesto was agencies for the fiscal year ending Sep- Whereas the WPK uses forced labor, phys- released; tember 30, 2019, and for other purposes; which ical abuse, and execution as tactics of fear to Whereas, in December 2009, a court in Bei- was ordered to lie on the table. maintain obedience and control; jing, China, sentenced Liu Xiaobo to 11 years Whereas the WPK fails to provide stable in prison for ‘‘inciting subversion of state SA 3406. Mr. SCHATZ (for himself and Ms. support for the rights of minority groups, in- power’’ for his involvement in drafting Char- HIRONO) submitted an amendment intended cluding women, children, people with disabil- ter 08; to be proposed to amendment SA 3399 pro- ities, and prisoners; Whereas Liu Xiaobo was awarded the Nobel posed by Mr. SHELBY to the bill H.R. 6147, Whereas the USSR financed the establish- Peace Prize on October 8, 2010, ‘‘for his long supra; which was ordered to lie on the table. ment of the Chinese Soviet Republic in 1931, and non-violent struggle for fundamental SA 3407. Mr. SCHATZ (for himself and Ms. an independent government within the human rights in China’’; HIRONO) submitted an amendment intended Jiangxi province of China, where Mao Whereas Liu Xia was held in extra-legal to be proposed to amendment SA 3399 pro- Zedong began his protracted revolution home confinement from October 2010, 2 posed by Mr. SHELBY to the bill H.R. 6147, against the Kuomintang; weeks after the announcement of the award supra; which was ordered to lie on the table. Whereas Mao Zedong and the Chinese Red of the Nobel Peace Prize to her husband, to SA 3408. Ms. MURKOWSKI (for Mr. ALEX- Army conquered the Kuomintang and estab- July 2018, and reportedly suffered severe ANDER) proposed an amendment to the bill lished the People’s Republic of China on Oc- health problems that required hospitaliza- H.R. 2353, to reauthorize the Carl D. Perkins tober 1, 1949; tion; Career and Technical Education Act of 2006.

VerDate Sep 11 2014 03:28 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JY6.011 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE S5134 CONGRESSIONAL RECORD — SENATE July 23, 2018 TEXT OF AMENDMENTS mit processing fees, as authorized but made U.S.C. 185), to remain available until ex- subject to future appropriation by section pended: Provided, That notwithstanding any SA 3399. Mr. SHELBY proposed an 35(d)(3)(A)(i) of the Mineral Leasing Act (30 provision to the contrary of section 305(a) of amendment to the bill H.R. 6147, mak- U.S.C. 191), except that amounts from permit Public Law 94–579 (43 U.S.C. 1735(a)), any ing appropriations for the Department processing fees may be used for any bureau- moneys that have been or will be received of the Interior, environment, and re- related expenses associated with the proc- pursuant to that section, whether as a result lated agencies for the fiscal year end- essing of oil and gas applications for permits of forfeiture, compromise, or settlement, if ing September 30, 2019, and for other to drill and related use of authorizations. not appropriate for refund pursuant to sec- purposes; as follows: In addition, $39,696,000 is for Mining Law tion 305(c) of that Act (43 U.S.C. 1735(c)), Administration program operations, includ- shall be available and may be expended Strike all after the enacting clause and ining the cost of administering the mining under the authority of this Act by the Sec- sert the following: claim fee program, to remain available until retary to improve, protect, or rehabilitate SECTION 1. SHORT TITLE. expended, to be reduced by amounts col- any public lands administered through the This Act may be cited as ‘‘Interior, Envi- lected by the Bureau and credited to this ap- Bureau of Land Management which have ronment, Financial Services and General propriation from mining claim maintenance been damaged by the action of a resource de- Government, Agriculture, Rural Develop- fees and location fees that are hereby au- veloper, purchaser, permittee, or any unau- ment, Food and Drug Administration, and thorized for fiscal year 2019, so as to result in thorized person, without regard to whether Transportation, Housing and Urban Develop- a final appropriation estimated at not more all moneys collected from each such action ment Appropriations Act, 2019’’. than $1,196,143,000, and $2,000,000, to remain are used on the exact lands damaged which SEC. 2. REFERENCES TO ACT. available until expended, from communica- led to the action: Provided further, That any Except as expressly provided otherwise, tion site rental fees established by the Bu- such moneys that are in excess of amounts any reference to ‘‘this Act’’ contained in any reau for the cost of administering commu- needed to repair damage to the exact land division of this Act shall be treated as refer- nication site activities. for which funds were collected may be used ring only to the provisions of that division. LAND ACQUISITION to repair other damaged public lands. SEC. 3. REFERENCES TO REPORT. For expenses necessary to carry out sec- MISCELLANEOUS TRUST FUNDS (a) Any reference to a ‘‘report accom- tions 205, 206, and 318(d) of Public Law 94–579, In addition to amounts authorized to be panying this Act’’ contained in division A including administrative expenses and acqui- expended under existing laws, there is hereby shall be treated as a reference to Senate Re- sition of lands or waters, or interests there- appropriated such amounts as may be con- port 115–276. The effect of such Report shall in, $26,016,000, to be derived from the Land tributed under section 307 of Public Law 94– be limited to division A and shall apply for and Water Conservation Fund and to remain 579 (43 U.S.C. 1737), and such amounts as may purposes of determining the allocation of available until expended. be advanced for administrative costs, surveys, appraisals, and costs of making con- funds provided by, and the implementation OREGON AND CALIFORNIA GRANT LANDS veyances of omitted lands under section of, division A. For expenses necessary for management, (b) Any reference to a ‘‘report accom- 211(b) of that Act (43 U.S.C. 1721(b)), to re- protection, and development of resources and main available until expended. panying this Act’’ contained in division B for construction, operation, and mainte- ADMINISTRATIVE PROVISIONS shall be treated as a reference to Senate Re- nance of access roads, reforestation, and port 115–281. The effect of such Report shall other improvements on the revested Oregon The Bureau of Land Management may be limited to division B and shall apply for and California Railroad grant lands, on other carry out the operations funded under this purposes of determining the allocation of Federal lands in the Oregon and California Act by direct expenditure, contracts, grants, funds provided by, and the implementation land-grant counties of Oregon, and on adja- cooperative agreements and reimbursable of, division B. cent rights-of-way; and acquisition of lands agreements with public and private entities, (c) Any reference to a ‘‘report accom- or interests therein, including existing con- including with States. Appropriations for the Bureau shall be available for purchase, erec- panying this Act’’ contained in division C necting roads on or adjacent to such grant tion, and dismantlement of temporary struc- shall be treated as a reference to Senate Re- lands; $106,543,000, to remain available until tures, and alteration and maintenance of port 115–259. The effect of such Report shall expended: Provided, That 25 percent of the necessary buildings and appurtenant facili- be limited to division C and shall apply for aggregate of all receipts during the current ties to which the United States has title; up purposes of determining the allocation of fiscal year from the revested Oregon and to $100,000 for payments, at the discretion of funds provided by, and the implementation California Railroad grant lands is hereby the Secretary, for information or evidence of, division C. made a charge against the Oregon and Cali- concerning violations of laws administered (d) Any reference to a ‘‘report accom- fornia land-grant fund and shall be trans- by the Bureau; miscellaneous and emergency panying this Act’’ contained in division D ferred to the General Fund in the Treasury expenses of enforcement activities author- shall be treated as a reference to Senate Re- in accordance with the second paragraph of port 115–268. The effect of such Report shall ized or approved by the Secretary and to be subsection (b) of title II of the Act of August accounted for solely on the Secretary’s cer- be limited to division D and shall apply for 28, 1937 (43 U.S.C. 2605). purposes of determining the allocation of tificate, not to exceed $10,000: Provided, That RANGE IMPROVEMENTS funds provided by, and the implementation notwithstanding Public Law 90–620 (44 U.S.C. of, division D. For rehabilitation, protection, and acquisi- 501), the Bureau may, under cooperative tion of lands and interests therein, and im- cost-sharing and partnership arrangements DIVISION A—DEPARTMENT OF THE INTE- provement of Federal rangelands pursuant to authorized by law, procure printing services RIOR, ENVIRONMENT, AND RELATED section 401 of the Federal Land Policy and from cooperators in connection with jointly AGENCIES APPROPRIATIONS ACT, 2019 Management Act of 1976 (43 U.S.C. 1751), not- produced publications for which the coopera- That the following sums are appropriated, withstanding any other Act, sums equal to 50 tors share the cost of printing either in cash out of any money in the Treasury not other- percent of all moneys received during the or in services, and the Bureau determines wise appropriated, for the Department of the prior fiscal year under sections 3 and 15 of the cooperator is capable of meeting accept- Interior, environment, and related agencies the Taylor Grazing Act (43 U.S.C. 315b, 315m) ed quality standards: Provided further, That for the fiscal year ending September 30, 2019, and the amount designated for range im- projects to be funded pursuant to a written and for other purposes, namely: provements from grazing fees and mineral commitment by a State government to provide an identified amount of money in sup- TITLE I leasing receipts from Bankhead-Jones lands transferred to the Department of the Inte- port of the project may be carried out by the DEPARTMENT OF THE INTERIOR rior pursuant to law, but not less than Bureau on a reimbursable basis. Appropria- BUREAU OF LAND MANAGEMENT $10,000,000, to remain available until ex- tions herein made shall not be available for MANAGEMENT OF LANDS AND RESOURCES pended: Provided, That not to exceed $600,000 the destruction of healthy, unadopted, wild horses and burros in the care of the Bureau For necessary expenses for protection, use, shall be available for administrative ex- or its contractors or for the sale of wild improvement, development, disposal, cadas- penses. horses and burros that results in their de- tral surveying, classification, acquisition of SERVICE CHARGES, DEPOSITS, AND FORFEITURES struction for processing into commercial easements and other interests in lands, and For administrative expenses and other products. performance of other functions, including costs related to processing application docu- maintenance of facilities, as authorized by ments and other authorizations for use and UNITED STATES FISH AND WILDLIFE SERVICE law, in the management of lands and their disposal of public lands and resources, for RESOURCE MANAGEMENT resources under the jurisdiction of the Bu- costs of providing copies of official public For necessary expenses of the United reau of Land Management, including the land documents, for monitoring construc- States Fish and Wildlife Service, as author- general administration of the Bureau, and tion, operation, and termination of facilities ized by law, and for scientific and economic assessment of mineral potential of public in conjunction with use authorizations, and studies, general administration, and for the lands pursuant to section 1010(a) of Public for rehabilitation of damaged property, such performance of other authorized functions Law 96–487 (16 U.S.C. 3150(a)), $1,196,143,000, to amounts as may be collected under Public related to such resources, $1,292,067,000, to re- remain available until expended, including Law 94–579 (43 U.S.C. 1701 et seq.), and under main available until September 30, 2020: Pro- all such amounts as are collected from per- section 28 of the Mineral Leasing Act (30 vided, That not to exceed $17,818,000 shall be

VerDate Sep 11 2014 03:28 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JY6.020 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE July 23, 2018 CONGRESSIONAL RECORD — SENATE S5135 used for implementing subsections (a), (b), priation: Provided further, That $6,362,000 is be available to the Secretary, without fur- (c), and (e) of section 4 of the Endangered for a competitive grant program to imple- ther appropriation, to be used for expenses of Species Act of 1973 (16 U.S.C. 1533) (except for ment approved plans for States, territories, processing of such non-toxic shot type or processing petitions, developing and issuing and other jurisdictions and at the discretion coating applications and revising regulations proposed and final regulations, and taking of affected States, the regional Associations as necessary, and shall remain available any other steps to implement actions de- of fish and wildlife agencies, not subject to until expended. scribed in subsection (c)(2)(A), (c)(2)(B)(i), or the remaining provisions of this appropria- NATIONAL PARK SERVICE (c)(2)(B)(ii)). tion: Provided further, That the Secretary OPERATION OF THE NATIONAL PARK SYSTEM CONSTRUCTION shall, after deducting $10,571,000 and adminis- For expenses necessary for the manage- trative expenses, apportion the amount pro- For construction, improvement, acquisi- ment, operation, and maintenance of areas vided herein in the following manner: (1) to tion, or removal of buildings and other fa- and facilities administered by the National the District of Columbia and to the Com- cilities required in the conservation, man- Park Service and for the general administra- monwealth of Puerto Rico, each a sum equal agement, investigation, protection, and uti- tion of the National Park Service, to not more than one-half of 1 percent there- lization of fish and wildlife resources, and $2,500,369,000, of which $10,032,000 for planning of; and (2) to Guam, American Samoa, the the acquisition of lands and interests there- and interagency coordination in support of United States Virgin Islands, and the Com- in; $50,413,000, to remain available until ex- Everglades restoration and $141,961,000 for monwealth of the Northern Mariana Islands, pended. maintenance, repair, or rehabilitation each a sum equal to not more than one- LAND ACQUISITION projects for constructed assets and fourth of 1 percent thereof: Provided further, $149,075,000 for cyclic maintenance projects For expenses necessary to carry out chap- That the Secretary shall apportion the re- for constructed assets shall remain available ter 2003 of title 54, United States Code, in- maining amount in the following manner: (1) until September 30, 2020: Provided, That cluding administrative expenses, and for ac- one-third of which is based on the ratio to funds appropriated under this heading in this quisition of land or waters, or interest there- which the land area of such State bears to Act are available for the purposes of section in, in accordance with statutory authority the total land area of all such States; and (2) 5 of Public Law 95–348. applicable to the United States Fish and two-thirds of which is based on the ratio to NATIONAL RECREATION AND PRESERVATION Wildlife Service, $45,189,000, to be derived which the population of such State bears to from the Land and Water Conservation Fund the total population of all such States: Pro- For expenses necessary to carry out recre- and to remain available until expended: Pro- vided further, That the amounts apportioned ation programs, natural programs, cultural vided, That none of the funds appropriated under this paragraph shall be adjusted equi- programs, heritage partnership programs, for specific land acquisition projects may be tably so that no State shall be apportioned a environmental compliance and review, inter- used to pay for any administrative overhead, sum which is less than 1 percent of the national park affairs, and grant administra- planning or other management costs. amount available for apportionment under tion, not otherwise provided for, $64,138,000. COOPERATIVE ENDANGERED SPECIES this paragraph for any fiscal year or more HISTORIC PRESERVATION FUND CONSERVATION FUND than 5 percent of such amount: Provided fur- For expenses necessary in carrying out the For expenses necessary to carry out sec- ther, That the Federal share of planning National Historic Preservation Act (division tion 6 of the Endangered Species Act of 1973 grants shall not exceed 75 percent of the A of subtitle III of title 54, United States (16 U.S.C. 1535), $49,495,000, to remain avail- total costs of such projects and the Federal Code), $88,910,000, to be derived from the His- able until expended, of which $18,695,000 is to share of implementation grants shall not ex- toric Preservation Fund and to remain avail- be derived from the Cooperative Endangered ceed 65 percent of the total costs of such able until September 30, 2020: Provided, That Species Conservation Fund; and of which projects: Provided further, That the non-Fed- of the funds provided for the Historic Preser- $30,800,000 is to be derived from the Land and eral share of such projects may not be de- vation Fund, $500,000 is for competitive Water Conservation Fund. rived from Federal grant programs: Provided grants for the survey and nomination of further, That any amount apportioned in 2019 properties to the National Register of His- NATIONAL WILDLIFE REFUGE FUND to any State, territory, or other jurisdiction toric Places and as National Historic Land- For expenses necessary to implement the that remains unobligated as of September 30, marks associated with communities cur- Act of October 17, 1978 (16 U.S.C. 715s), 2020, shall be reapportioned, together with rently under-represented, as determined by $13,228,000. funds appropriated in 2021, in the manner the Secretary, $13,000,000 is for competitive NORTH AMERICAN WETLANDS CONSERVATION provided herein. grants to preserve the sites and stories of the FUND ADMINISTRATIVE PROVISIONS Civil Rights movement, $5,000,000 is for For expenses necessary to carry out the The United States Fish and Wildlife Serv- grants to Historically Black Colleges and provisions of the North American Wetlands ice may carry out the operations of Service Universities, and $5,000,000 is for competitive Conservation Act (16 U.S.C. 4401 et seq.), programs by direct expenditure, contracts, grants for the restoration of historic prop- $43,000,000, to remain available until ex- grants, cooperative agreements and reim- erties of national, State and local signifi- pended. bursable agreements with public and private cance listed on or eligible for inclusion on NEOTROPICAL MIGRATORY BIRD CONSERVATION entities. Appropriations and funds available the National Register of Historic Places, to be made without imposing the usage or di- For expenses necessary to carry out the to the United States Fish and Wildlife Serv- rect grant restrictions of section 101(e)(3) (54 Neotropical Migratory Bird Conservation ice shall be available for repair of damage to U.S.C. 302904) of the National Historical Act (16 U.S.C. 6101 et seq.), $3,910,000, to republic roads within and adjacent to reserva- Preservation Act: Provided further, That such main available until expended. tion areas caused by operations of the Serv- competitive grants shall be made without MULTINATIONAL SPECIES CONSERVATION FUND ice; options for the purchase of land at not to exceed $1 for each option; facilities incident imposing the matching requirements in sec- For expenses necessary to carry out the to such public recreational uses on conservation 302902(b)(3) of title 54, United States African Elephant Conservation Act (16 U.S.C. tion areas as are consistent with their pri- Code, to States and Indian tribes as defined 4201 et seq.), the Asian Elephant Conserva- mary purpose; and the maintenance and im- in chapter 3003 of such title, Native Hawaiian tion Act of 1997 (16 U.S.C. 4261 et seq.), the provement of aquaria, buildings, and other organizations, local governments, including Rhinoceros and Tiger Conservation Act of facilities under the jurisdiction of the Serv- Certified Local Governments, and non-profit 1994 (16 U.S.C. 5301 et seq.), the Great Ape ice and to which the United States has title, organizations. Conservation Act of 2000 (16 U.S.C. 6301 et and which are used pursuant to law in con- CONSTRUCTION seq.), and the Marine Turtle Conservation nection with management, and investigation For construction, improvements, repair, or Act of 2004 (16 U.S.C. 6601 et seq.), $12,061,000, of fish and wildlife resources: Provided, That replacement of physical facilities, and com- to remain available until expended. notwithstanding 44 U.S.C. 501, the Service pliance and planning for programs and areas STATE AND TRIBAL WILDLIFE GRANTS may, under cooperative cost sharing and administered by the National Park Service, For wildlife conservation grants to States partnership arrangements authorized by law, $364,704,000, to remain available until ex- and to the District of Columbia, Puerto Rico, procure printing services from cooperators pended: Provided, That notwithstanding any Guam, the United States Virgin Islands, the in connection with jointly produced publica- other provision of law, for any project ini- Northern Mariana Islands, American Samoa, tions for which the cooperators share at tially funded in fiscal year 2019 with a future and Indian tribes under the provisions of the least one-half the cost of printing either in phase indicated in the National Park Service Fish and Wildlife Act of 1956 and the Fish cash or services and the Service determines 5-Year Line Item Construction Plan, a single and Wildlife Coordination Act, for the devel- the cooperator is capable of meeting accept- procurement may be issued which includes opment and implementation of programs for ed quality standards: Provided further, That the full scope of the project: Provided further, the benefit of wildlife and their habitat, in- the Service may accept donated aircraft as That the solicitation and contract shall concluding species that are not hunted or fished, replacements for existing aircraft: Provided tain the clause availability of funds found at $65,571,000, to remain available until ex- further, That notwithstanding 31 U.S.C. 3302, 48 CFR 52.232–18: Provided further, That Na- pended: Provided, That of the amount pro- all fees collected for non-toxic shot review tional Park Service Donations, Park Conces- vided herein, $4,209,000 is for a competitive and approval shall be deposited under the sions Franchise Fees, and Recreation Fees grant program for Indian tribes not subject heading ‘‘United States Fish and Wildlife may be made available for the cost of adjust- to the remaining provisions of this appro- Service—Resource Management’’ and shall ments and changes within the original scope

VerDate Sep 11 2014 03:28 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JY6.020 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE S5136 CONGRESSIONAL RECORD — SENATE July 23, 2018 of effort for projects funded by the National censees; administer the minerals exploration Bureau of Ocean Energy Management pursu- Park Service Construction appropriation: program (30 U.S.C. 641); conduct inquiries ant to the Outer Continental Shelf Lands Provided further, That the Secretary of the into the economic conditions affecting min- Act, including studies, assessments, anal- Interior shall consult with the Committees ing and materials processing industries (30 ysis, and miscellaneous administrative ac- on Appropriations, in accordance with cur- U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) and tivities: Provided further, That the sum here- rent reprogramming thresholds, prior to related purposes as authorized by law; and to in appropriated shall be reduced as such col- making any charges authorized by this sec- publish and disseminate data relative to the lections are received during the fiscal year, tion. foregoing activities; $1,148,457,000, to remain so as to result in a final fiscal year 2019 appropriation estimated at not more than LAND ACQUISITION AND STATE ASSISTANCE available until September 30, 2020; of which $84,337,000 shall remain available until ex- $129,450,000: Provided further, That not to ex- For expenses necessary to carry out chap- pended for satellite operations; and of which ceed $3,000 shall be available for reasonable ter 2003 of title 54, United States Code, in- $15,164,000 shall be available until expended expenses related to promoting volunteer cluding administrative expenses, and for ac- for deferred maintenance and capital im- beach and marine cleanup activities. quisition of lands or waters, or interest provement projects that exceed $100,000 in BUREAU OF SAFETY AND ENVIRONMENTAL therein, in accordance with the statutory au- cost: Provided, That none of the funds pro- ENFORCEMENT thority applicable to the National Park vided for the ecosystem research activity OFFSHORE SAFETY AND ENVIRONMENTAL Service, $174,444,000, to be derived from the shall be used to conduct new surveys on pri- ENFORCEMENT Land and Water Conservation Fund and to vate property, unless specifically authorized remain available until expended, of which For expenses necessary for the regulation in writing by the property owner: Provided $124,006,000 is for the State assistance proof operations related to leases, easements, further, That no part of this appropriation gram and of which $15,000,000 shall be for the rights-of-way and agreements for use for oil shall be used to pay more than one-half the American Battlefield Protection Program and gas, other minerals, energy, and marine- cost of topographic mapping or water re- grants as authorized by chapter 3081 of title related purposes on the Outer Continental sources data collection and investigations 54, United States Code. Shelf, as authorized by law; for enforcing and carried on in cooperation with States and implementing laws and regulations as au- CENTENNIAL CHALLENGE municipalities. thorized by law and to the extent provided For expenses necessary to carry out the ADMINISTRATIVE PROVISIONS by Presidential or Secretarial delegation; provisions of section 101701 of title 54, United and for matching grants or cooperative States Code, relating to challenge cost share From within the amount appropriated for agreements, $145,475,000, of which $121,351,000 agreements, $23,000,000, to remain available activities of the United States Geological is to remain available until September 30, until expended, for Centennial Challenge Survey such sums as are necessary shall be 2020, and of which $24,124,000 is to remain projects and programs: Provided, That not available for contracting for the furnishing available until expended: Provided, That this less than 50 percent of the total cost of each of topographic maps and for the making of total appropriation shall be reduced by project or program shall be derived from geophysical or other specialized surveys amounts collected by the Secretary and non-Federal sources in the form of donated when it is administratively determined that credited to this appropriation from additions cash, assets, or a pledge of donation guaran- such procedures are in the public interest; to receipts resulting from increases to lease teed by an irrevocable letter of credit. construction and maintenance of necessary rental rates in effect on August 5, 1993, and buildings and appurtenant facilities; acquisi- from cost recovery fees from activities con- ADMINISTRATIVE PROVISIONS tion of lands for gauging stations, observa- ducted by the Bureau of Safety and Environ- (INCLUDING TRANSFER OF FUNDS) tion wells, and seismic equipment; expenses mental Enforcement pursuant to the Outer In addition to other uses set forth in sec- of the United States National Committee for Continental Shelf Lands Act, including stud- tion 101917(c)(2) of title 54, United States Geological Sciences; and payment of com- ies, assessments, analysis, and miscellaneous Code, franchise fees credited to a sub-ac- pensation and expenses of persons employed administrative activities: Provided further, count shall be available for expenditure by by the Survey duly appointed to represent That the sum herein appropriated shall be the Secretary, without further appropria- the United States in the negotiation and ad- reduced as such collections are received dur- tion, for use at any unit within the National ministration of interstate compacts: Pro- ing the fiscal year, so as to result in a final Park System to extinguish or reduce liabil- vided, That activities funded by appropria- fiscal year 2019 appropriation estimated at ity for Possessory Interest or leasehold sur- tions herein made may be accomplished not more than $121,351,000. render interest. Such funds may only be used through the use of contracts, grants, or coop- For an additional amount, $41,765,000, to for this purpose to the extent that the bene- erative agreements as defined in section 6302 remain available until expended, to be re- fitting unit anticipated franchise fee receipts of title 31, United States Code: Provided fur- duced by amounts collected by the Secretary over the term of the contract at that unit ther, That the United States Geological Sur- and credited to this appropriation, which exceed the amount of funds used to extin- vey may enter into contracts or cooperative shall be derived from non-refundable inspec- guish or reduce liability. Franchise fees at agreements directly with individuals or indi- tion fees collected in fiscal year 2019, as pro- the benefitting unit shall be credited to the rectly with institutions or nonprofit organi- vided in this Act: Provided, That to the ex- sub-account of the originating unit over a zations, without regard to 41 U.S.C. 6101, for tent that amounts realized from such inspection fees exceed $41,765,000, the amounts real- period not to exceed the term of a single con- the temporary or intermittent services of ized in excess of $41,765,000 shall be credited tract at the benefitting unit, in the amount students or recent graduates, who shall be to this appropriation and remain available of funds so expended to extinguish or reduce considered employees for the purpose of until expended: Provided further, That for fis- liability. chapters 57 and 81 of title 5, United States cal year 2019, not less than 50 percent of the For the costs of administration of the Code, relating to compensation for travel inspection fees expended by the Bureau of and work injuries, and chapter 171 of title 28, Land and Water Conservation Fund grants Safety and Environmental Enforcement will United States Code, relating to tort claims, authorized by section 105(a)(2)(B) of the Gulf be used to fund personnel and mission-re- of Mexico Energy Security Act of 2006 (Pub- but shall not be considered to be Federal em- lated costs to expand capacity and expedite lic Law 109–432), the National Park Service ployees for any other purposes. the orderly development, subject to environ- may retain up to 3 percent of the amounts BUREAU OF OCEAN ENERGY MANAGEMENT mental safeguards, of the Outer Continental which are authorized to be disbursed under OCEAN ENERGY MANAGEMENT Shelf pursuant to the Outer Continental such section, such retained amounts to re- For expenses necessary for granting and Shelf Lands Act (43 U.S.C. 1331 et seq.), in- main available until expended. cluding the review of applications for per- administering leases, easements, rights-of- National Park Service funds may be transmits to drill. ferred to the Federal Highway Administra- way and agreements for use for oil and gas, OIL SPILL RESEARCH tion (FHWA), Department of Transportation, other minerals, energy, and marine-related For necessary expenses to carry out title I, for purposes authorized under 23 U.S.C. 204. purposes on the Outer Continental Shelf and section 1016, title IV, sections 4202 and 4303, Transfers may include a reasonable amount approving operations related thereto, as au- title VII, and title VIII, section 8201 of the for FHWA administrative support costs. thorized by law; for environmental studies, as authorized by law; for implementing other Oil Pollution Act of 1990, $12,700,000, which UNITED STATES GEOLOGICAL SURVEY laws and to the extent provided by Presi- shall be derived from the Oil Spill Liability SURVEYS, INVESTIGATIONS, AND RESEARCH dential or Secretarial delegation; and for Trust Fund, to remain available until ex- For expenses necessary for the United matching grants or cooperative agreements, pended. States Geological Survey to perform sur- $179,266,000, of which $129,450,000 is to remain OFFICE OF SURFACE MINING RECLAMATION AND veys, investigations, and research covering available until September 30, 2020, and of ENFORCEMENT topography, geology, hydrology, biology, and which $49,816,000 is to remain available until REGULATION AND TECHNOLOGY the mineral and water resources of the expended: Provided, That this total appro- For necessary expenses to carry out the United States, its territories and posses- priation shall be reduced by amounts col- provisions of the Surface Mining Control and sions, and other areas as authorized by 43 lected by the Secretary and credited to this Reclamation Act of 1977, Public Law 95–87, U.S.C. 31, 1332, and 1340; classify lands as to appropriation from additions to receipts re- $114,900,000, to remain available until Sep- their mineral and water resources; give engi- sulting from increases to lease rental rates tember 30, 2020: Provided, That appropria- neering supervision to power permittees and in effect on August 5, 1993, and from cost re- tions for the Office of Surface Mining Rec- Federal Energy Regulatory Commission li- covery fees from activities conducted by the lamation and Enforcement may provide for

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the travel and per diem expenses of State BUREAU OF INDIAN AFFAIRS AND BUREAU OF main available until expended: Provided, and tribal personnel attending Office of Sur- INDIAN EDUCATION That such amounts as may be available for face Mining Reclamation and Enforcement OPERATION OF INDIAN PROGRAMS the construction of the Navajo Indian Irriga- sponsored training. (INCLUDING TRANSFER OF FUNDS) tion Project may be transferred to the Bu- reau of Reclamation: Provided further, That In addition, for costs to review, admin- For expenses necessary for the operation of not to exceed 6 percent of contract authority ister, and enforce permits issued by the Of- Indian programs, as authorized by law, in- available to the Bureau of Indian Affairs fice pursuant to section 507 of Public Law 95– cluding the Snyder Act of November 2, 1921 from the Federal Highway Trust Fund may (25 U.S.C. 13), the Indian Self-Determination 87 (30 U.S.C. 1257), $40,000, to remain avail- be used to cover the road program manage- and Education Assistance Act of 1975 (25 able until expended: Provided, That fees as- ment costs of the Bureau: Provided further, sessed and collected by the Office pursuant U.S.C. 5301 et seq.), the Education Amend- That any funds provided for the Safety of to such section 507 shall be credited to this ments of 1978 (25 U.S.C. 2001–2019), and the Dams program pursuant to the Act of No- account as discretionary offsetting collec- Tribally Controlled Schools Act of 1988 (25 vember 2, 1921 (25 U.S.C. 13), shall be made tions, to remain available until expended: U.S.C. 2501 et seq.), $2,403,890,000, to remain available on a nonreimbursable basis: Pro- Provided further, That the sum herein appro- available until September 30, 2020, except as vided further, That for fiscal year 2019, in im- priated from the general fund shall be re- otherwise provided herein; of which not to plementing new construction, replacement duced as collections are received during the exceed $8,500 may be for official reception facilities construction, or facilities improve- fiscal year, so as to result in a fiscal year and representation expenses; of which not to ment and repair project grants in excess of 2019 appropriation estimated at not more exceed $76,000,000 shall be for welfare assist- $100,000 that are provided to grant schools than $114,900,000. ance payments: Provided, That in cases of under Public Law 100–297, the Secretary of designated Federal disasters, the Secretary the Interior shall use the Administrative and ABANDONED MINE RECLAMATION FUND may exceed such cap, from the amounts pro- Audit Requirements and Cost Principles for For necessary expenses to carry out title vided herein, to provide for disaster relief to Assistance Programs contained in part 12 of IV of the Surface Mining Control and Rec- Indian communities affected by the disaster: title 43, Code of Federal Regulations, as the lamation Act of 1977, Public Law 95–87, Provided further, That federally recognized regulatory requirements: Provided further, $22,952,000, to be derived from receipts of the Indian tribes and tribal organizations of fed- That such grants shall not be subject to sec- Abandoned Mine Reclamation Fund and to erally recognized Indian tribes may use their tion 12.61 of title 43, Code of Federal Regula- remain available until expended: Provided, tribal priority allocations for unmet welfare tions; the Secretary and the grantee shall That pursuant to Public Law 97–365, the De- assistance costs: Provided further, That not negotiate and determine a schedule of pay- partment of the Interior is authorized to use to exceed $680,673,000 for school operations ments for the work to be performed: Provided up to 20 percent from the recovery of the de- costs of Bureau-funded schools and other further, That in considering grant applica- linquent debt owed to the United States Gov- education programs shall become available tions, the Secretary shall consider whether ernment to pay for contracts to collect these on July 1, 2019, and shall remain available such grantee would be deficient in assuring debts: Provided further, That funds made until September 30, 2020: Provided further, that the construction projects conform to available under title IV of Public Law 95–87 That not to exceed $54,174,000 shall remain applicable building standards and codes and may be used for any required non-Federal available until expended for housing im- Federal, tribal, or State health and safety share of the cost of projects funded by the provement, road maintenance, attorney fees, standards as required by section 1125(b) of Federal Government for the purpose of envi- litigation support, land records improve- title XI of Public Law 95–561 (25 U.S.C. ronmental restoration related to treatment ment, and the Navajo-Hopi Settlement Pro- 2005(b)), with respect to organizational and or abatement of acid mine drainage from gram: Provided further, That notwithstanding financial management capabilities: Provided abandoned mines: Provided further, That such any other provision of law, including but not further, That if the Secretary declines a projects must be consistent with the pur- limited to the Indian Self-Determination Act grant application, the Secretary shall follow poses and priorities of the Surface Mining of 1975 (25 U.S.C. 5301 et seq.) and section 1128 the requirements contained in section 5206(f) Control and Reclamation Act: Provided fur- of the Education Amendments of 1978 (25 of Public Law 100–297 (25 U.S.C. 2504(f)): Pro- ther, That amounts provided under this head- U.S.C. 2008), not to exceed $81,036,000 within vided further, That any disputes between the ing may be used for the travel and per diem and only from such amounts made available Secretary and any grantee concerning a expenses of State and tribal personnel at- for school operations shall be available for grant shall be subject to the disputes provi- tending Office of Surface Mining Reclama- administrative cost grants associated with sion in section 5208(e) of Public Law 107–110 tion and Enforcement sponsored training. grants approved prior to July 1, 2019: Pro- (25 U.S.C. 2507(e)): Provided further, That in vided further, That any forestry funds allo- order to ensure timely completion of con- In addition, $115,000,000, to remain avail- cated to a federally recognized tribe which struction projects, the Secretary may as- able until expended, for grants to States and remain unobligated as of September 30, 2020, sume control of a project and all funds re- federally recognized Indian Tribes for rec- may be transferred during fiscal year 2021 to lated to the project, if, within 18 months of lamation of abandoned mine lands and other an Indian forest land assistance account es- the date of enactment of this Act, any grant- related activities in accordance with the tablished for the benefit of the holder of the ee receiving funds appropriated in this Act terms and conditions in the report accom- funds within the holder’s trust fund account: or in any prior Act, has not completed the panying this Act: Provided, That such addi- Provided further, That any such unobligated planning and design phase of the project and tional amount shall be used for economic balances not so transferred shall expire on commenced construction: Provided further, and community development in conjunction September 30, 2021: Provided further, That in That this appropriation may be reimbursed with the priorities in section 403(a) of the order to enhance the safety of Bureau field from the Office of the Special Trustee for Surface Mining Control and Reclamation employees, the Bureau may use funds to pur- American Indians appropriation for the ap- Act of 1977 (30 U.S.C. 1233(a)): Provided fur- chase uniforms or other identifying articles propriate share of construction costs for ther, That of such additional amount, of clothing for personnel. space expansion needed in agency offices to $75,000,000 shall be distributed in equal CONTRACT SUPPORT COSTS meet trust reform implementation. amounts to the 3 Appalachian States with For payments to tribes and tribal organi- INDIAN LAND AND WATER CLAIM SETTLEMENTS the greatest amount of unfunded needs to zations for contract support costs associated AND MISCELLANEOUS PAYMENTS TO INDIANS meet the priorities described in paragraphs with Indian Self-Determination and Edu- (1) and (2) of such section, $30,000,000 shall be For payments and necessary administra- cation Assistance Act agreements with the distributed in equal amounts to the 3 Appa- tive expenses for implementation of Indian Bureau of Indian Affairs for fiscal year 2019, lachian States with the subsequent greatest land and water claim settlements pursuant such sums as may be necessary, which shall amount of unfunded needs to meet such pri- to Public Laws 99–264, 100–580, 101–618, 111–11, be available for obligation through Sep- orities, and $10,000,000 shall be for grants to 111–291, and 114–322, and for implementation tember 30, 2020: Provided, That notwith- federally recognized Indian Tribes without of other land and water rights settlements, standing any other provision of law, no regard to their status as certified or $55,457,000, to remain available until ex- amounts made available under this heading uncertified under the Surface Mining Con- pended: Provided, That the Secretary shall shall be available for transfer to another trol and Reclamation Act of 1977 (30 U.S.C. make payments in such amounts as nec- budget account. 1233(a)), for reclamation of abandoned mine essary to satisfy the total authorized lands and other related activities in accord- CONSTRUCTION amount for the Navajo Nation Water Rights ance with the terms and conditions in the re- (INCLUDING TRANSFER OF FUNDS) Trust Fund. port accompanying this Act and shall be For construction, repair, improvement, INDIAN GUARANTEED LOAN PROGRAM ACCOUNT used for economic and community develop- and maintenance of irrigation and power sys- For the cost of guaranteed loans and in- ment in conjunction with the priorities in tems, buildings, utilities, and other facili- sured loans, $9,279,000, of which $1,252,000 is section 403(a) of the Surface Mining Control ties, including architectural and engineering for administrative expenses, as authorized by and Reclamation Act of 1977: Provided fur- services by contract; acquisition of lands, the Indian Financing Act of 1974: Provided, ther, That such additional amount shall be and interests in lands; and preparation of That such costs, including the cost of modi- allocated to States and Indian Tribes within lands for farming, and for construction of fying such loans, shall be as defined in sec- 60 days after the date of enactment of this the Navajo Indian Irrigation Project pursu- tion 502 of the Congressional Budget Act of Act. ant to Public Law 87–483; $359,419,000, to re- 1974: Provided further, That these funds are

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available to subsidize total loan principal, school loses such funding. Employees of Bu- ADMINISTRATIVE PROVISIONS any part of which is to be guaranteed or in- reau-funded schools sharing a campus with a For fiscal year 2019, up to $400,000 of the sured, not to exceed $123,565,389. charter school and performing functions repayments authorized by chapter 69 of title ADMINISTRATIVE PROVISIONS lated to the charter school’s operation and 31, United States Code, may be retained for employees of a charter school shall not be The Bureau of Indian Affairs may carry administrative expenses of the Payments in treated as Federal employees for purposes of out the operation of Indian programs by di- Lieu of Taxes Program: Provided, That the chapter 171 of title 28, United States Code. amounts provided under this Act specifically rect expenditure, contracts, cooperative Notwithstanding any other provision of agreements, compacts, and grants, either di- for the Payments in Lieu of Taxes program law, including section 113 of title I of appen- are the only amounts available for payments rectly or in cooperation with States and dix C of Public Law 106–113, if in fiscal year authorized under chapter 69 of title 31, other organizations. 2003 or 2004 a grantee received indirect and United States Code: Provided further, That in Notwithstanding Public Law 87–279 (25 administrative costs pursuant to a distribu- the event the sums appropriated for any fis- U.S.C. 15), the Bureau of Indian Affairs may tion formula based on section 5(f) of Public cal year for payments pursuant to this chap- contract for services in support of the man- Law 101–301, the Secretary shall continue to ter are insufficient to make the full pay- agement, operation, and maintenance of the distribute indirect and administrative cost ments authorized by that chapter to all Power Division of the San Carlos Irrigation funds to such grantee using the section 5(f) units of local government, then the payment Project. distribution formula. to each local government shall be made pro- Notwithstanding any other provision of Funds available under this Act may not be portionally: Provided further, That the Sec- law, no funds available to the Bureau of In- used to establish satellite locations of retary may make adjustments to payment to dian Affairs for central office oversight and schools in the Bureau school system as of individual units of local government to cor- Executive Direction and Administrative September 1, 1996, except that the Secretary rect for prior overpayments or underpay- Services (except executive direction and ad- may waive this prohibition in order for an ments: Provided further, That no payment ministrative services funding for Tribal Pri- Indian tribe to provide language and cultural shall be made pursuant to that chapter to ority Allocations, regional offices, and facili- immersion educational programs for non- otherwise eligible units of local government ties operations and maintenance) shall be public schools located within the jurisdic- if the computed amount of the payment is available for contracts, grants, compacts, or tional area of the tribal government which less than $100. cooperative agreements with the Bureau of exclusively serve tribal members, do not in- INSULAR AFFAIRS Indian Affairs under the provisions of the In- clude grades beyond those currently served ASSISTANCE TO TERRITORIES dian Self-Determination Act or the Tribal at the existing Bureau-funded school, pro- For expenses necessary for assistance to Self-Governance Act of 1994 (Public Law 103– vide an educational environment with educa- territories under the jurisdiction of the De- 413). tor presence and academic facilities com- In the event any tribe returns appropria- partment of the Interior and other jurisdic- parable to the Bureau-funded school, comply tions identified in section 104(e) of Public tions made available by this Act to the Bu- with all applicable Tribal, Federal, or State reau of Indian Affairs, this action shall not Law 108–188, $100,688,000, of which: (1) health and safety standards, and the Ameri- $91,240,000 shall remain available until ex- diminish the Federal Government’s trust re- cans with Disabilities Act, and demonstrate pended for territorial assistance, including sponsibility to that tribe, or the govern- the benefits of establishing operations at a general technical assistance, maintenance ment-to-government relationship between satellite location in lieu of incurring ex- assistance, disaster assistance, coral reef ini- the United States and that tribe, or that traordinary costs, such as for transportation tiative activities, and brown tree snake con- tribe’s ability to access future appropria- or other impacts to students such as those trol and research; grants to the judiciary in tions. caused by busing students extended dis- American Samoa for compensation and ex- Notwithstanding any other provision of tances: Provided, That no funds available penses, as authorized by law (48 U.S.C. law, no funds available to the Bureau of In- under this Act may be used to fund oper- 1661(c)); grants to the Government of Amer- dian Education, other than the amounts pro- ations, maintenance, rehabilitation, con- ican Samoa, in addition to current local rev- vided herein for assistance to public schools struction or other facilities-related costs for enues, for construction and support of gov- under 25 U.S.C. 452 et seq., shall be available such assets that are not owned by the Bu- ernmental functions; grants to the Govern- to support the operation of any elementary reau: Provided further, That the term ‘‘sat- ment of the Virgin Islands, as authorized by or secondary school in the State of Alaska. ellite school’’ means a school location phys- law; grants to the Government of Guam, as No funds available to the Bureau of Indian ically separated from the existing Bureau authorized by law; and grants to the Govern- Education shall be used to support expanded school by more than 50 miles but that forms ment of the Northern Mariana Islands , as grades for any school or dormitory beyond part of the existing school in all other re- authorized by law (Public Law 94–241; 90 the grade structure in place or approved by spects. Stat. 272); and (2) $9,448,000 shall be available the Secretary of the Interior at each school DEPARTMENTAL OFFICES until September 30, 2020, for salaries and ex- in the Bureau of Indian Education school penses of the Office of Insular Affairs: Pro- OFFICE OF THE SECRETARY system as of October 1, 1995, except that the vided, That all financial transactions of the Secretary of the Interior may waive this pro- DEPARTMENTAL OPERATIONS territorial and local governments herein prohibition to support expansion of up to one (INCLUDING TRANSFER OF FUNDS) vided for, including such transactions of all additional grade when the Secretary deter- For necessary expenses for management of agencies or instrumentalities established or mines such waiver is needed to support ac- the Department of the Interior and for used by such governments, may be audited complishment of the mission of the Bureau grants and cooperative agreements, as au- by the Government Accountability Office, at of Indian Education, or more than one grade thorized by law, $134,673,000, to remain avail- its discretion, in accordance with chapter 35 to expand the elementary grade structure for able until September 30, 2020; of which not to of title 31, United States Code: Provided fur- Bureau-funded schools with a K-2 grade exceed $15,000 may be for official reception ther, That Northern Mariana Islands Cov- structure on October 1, 1996. Appropriations and representation expenses; and of which up enant grant funding shall be provided ac- made available in this or any prior Act for to $1,000,000 shall be available for workers cording to those terms of the Agreement of schools funded by the Bureau shall be avail- compensation payments and unemployment the Special Representatives on Future able, in accordance with the Bureau’s fund- compensation payments associated with the United States Financial Assistance for the ing formula, only to the schools in the Bu- orderly closure of the United States Bureau Northern Mariana Islands approved by Pub- reau school system as of September 1, 1996, of Mines; and of which $9,000,000 for the Of- lic Law 104–134: Provided further, That the and to any school or school program that fice of Valuation Services is to be derived funds for the program of operations and was reinstated in fiscal year 2012. Funds from the Land and Water Conservation Fund maintenance improvement are appropriated made available under this Act may not be and shall remain available until expended; to institutionalize routine operations and used to establish a charter school at a Bu- and of which $9,704,000 for Indian land, min- maintenance improvement of capital infra- reau-funded school (as that term is defined eral, and resource valuation activities shall structure with territorial participation and in section 1141 of the Education Amendments remain available until expended: Provided, cost sharing to be determined by the Sec- of 1978 (25 U.S.C. 2021)), except that a charter That funds for Indian land, mineral, and re- retary based on the grantee’s commitment school that is in existence on the date of the source valuation activities may, as needed, to timely maintenance of its capital assets: enactment of this Act and that has operated be transferred to and merged with the Bu- Provided further, That any appropriation for at a Bureau-funded school before September reau of Indian Affairs and Bureau of Indian disaster assistance under this heading in this 1, 1999, may continue to operate during that Education ‘‘Operation of Indian Programs’’ Act or previous appropriations Acts may be period, but only if the charter school pays to account and the Office of the Special Trustee used as non–Federal matching funds for the the Bureau a pro rata share of funds to reim- for American Indians ‘‘Federal Trust Pro- purpose of hazard mitigation grants provided burse the Bureau for the use of the real and grams’’ account: Provided further, That funds pursuant to section 404 of the Robert T. Staf- personal property (including buses and vans), made available through contracts or grants ford Disaster Relief and Emergency Assist- the funds of the charter school are kept sepa- obligated during fiscal year 2019, as author- ance Act (42 U.S.C. 5170c). rate and apart from Bureau funds, and the ized by the Indian Self-Determination Act of COMPACT OF FREE ASSOCIATION Bureau does not assume any obligation for 1975 (25 U.S.C. 5301 et seq.), shall remain For grants and necessary expenses, charter school programs of the State in available until expended by the contractor or $3,563,000, to remain available until ex- which the school is located if the charter grantee. pended, as provided for in sections 221(a)(2)

VerDate Sep 11 2014 03:28 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JY6.020 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE July 23, 2018 CONGRESSIONAL RECORD — SENATE S5139 and 233 of the Compact of Free Association further, That not to exceed $50,000 is avail- tities that will hire or train locally a signifi- for the Republic of Palau; and section able for the Secretary to make payments to cant percentage, defined as 50 percent or 221(a)(2) of the Compacts of Free Association correct administrative errors of either dis- more, of the project workforce to complete for the Government of the Republic of the bursements from or deposits to Individual such contracts: Provided further, That in im- Marshall Islands and the Federated States of Indian Money or Tribal accounts after Sep- plementing this section, the Secretary shall Micronesia, as authorized by Public Law 99– tember 30, 2002: Provided further, That erro- develop written guidance to field units to en- 658 and Public Law 108–188. neous payments that are recovered shall be sure accountability and consistent applica- ADMINISTRATIVE PROVISIONS credited to and remain available in this action of the authorities provided herein: Pro- count for this purpose: Provided further, That vided further, That funds appropriated under (INCLUDING TRANSFER OF FUNDS) the Secretary shall not be required to rec- this heading may be used to reimburse the At the request of the Governor of Guam, oncile Special Deposit Accounts with a bal- United States Fish and Wildlife Service and the Secretary may transfer discretionary ance of less than $500 unless the Office of the the National Marine Fisheries Service for funds or mandatory funds provided under Special Trustee receives proof of ownership the costs of carrying out their responsibil- section 104(e) of Public Law 108–188 and Pub- from a Special Deposit Accounts claimant: ities under the Endangered Species Act of lic Law 104–134, that are allocated for Guam, Provided further, That notwithstanding sec- 1973 (16 U.S.C. 1531 et seq.) to consult and to the Secretary of Agriculture for the sub- tion 102 of the American Indian Trust Fund conference, as required by section 7 of such sidy cost of direct or guaranteed loans, plus Management Reform Act of 1994 (Public Law Act, in connection with wildland fire man- not to exceed three percent of the amount of 103–412) or any other provision of law, the agement activities: Provided further, That the subsidy transferred for the cost of loan Secretary may aggregate the trust accounts the Secretary of the Interior may use administration, for the purposes authorized of individuals whose whereabouts are un- wildland fire appropriations to enter into by the Rural Electrification Act of 1936 and known for a continuous period of at least leases of real property with local govern- section 306(a)(1) of the Consolidated Farm five years and shall not be required to gen- ments, at or below fair market value, to con- and Rural Development Act for construction erate periodic statements of performance for struct capitalized improvements for fire fa- and repair projects in Guam, and such funds the individual accounts: Provided further, cilities on such leased properties, including shall remain available until expended: Pro- That with respect to the eighth proviso, the but not limited to fire guard stations, re- vided, That such costs, including the cost of Secretary shall continue to maintain suffi- tardant stations, and other initial attack modifying such loans, shall be as defined in cient records to determine the balance of the and fire support facilities, and to make ad- section 502 of the Congressional Budget Act individual accounts, including any accrued vance payments for any such lease or for of 1974: Provided further, That such loans or interest and income, and such funds shall reconstruction activity associated with the loan guarantees may be made without regard main available to the individual account lease: Provided further, That the Secretary of to the population of the area, credit else- holders. the Interior and the Secretary of Agriculture where requirements, and restrictions on the DEPARTMENT-WIDE PROGRAMS may authorize the transfer of funds appro- types of eligible entities under the Rural WILDLAND FIRE MANAGEMENT priated for wildland fire management, in an Electrification Act of 1936 and section (INCLUDING TRANSFERS OF FUNDS) aggregate amount not to exceed $50,000,000, 306(a)(1) of the Consolidated Farm and Rural For necessary expenses for fire prepared- between the Departments when such trans- Development Act: Provided further, That any ness, fire suppression operations, fire science fers would facilitate and expedite wildland funds transferred to the Secretary of Agri- and research, emergency rehabilitation, fire management programs and projects: Pro- culture shall be in addition to funds other- fuels management activities, and rural fire vided further, That funds provided for wildfire wise made available to make or guarantee assistance by the Department of the Inte- suppression shall be available for support of loans under such authorities. rior, $1,116,076,000, to remain available until Federal emergency response actions: Pro- OFFICE OF THE SOLICITOR expended, of which not to exceed $18,427,000 vided further, That funds appropriated under SALARIES AND EXPENSES shall be for the renovation or construction of this heading shall be available for assistance to or through the Department of State in For necessary expenses of the Office of the fire facilities: Provided, That such funds are connection with forest and rangeland re- Solicitor, $65,674,000. also available for repayment of advances to other appropriation accounts from which search, technical information, and assist- OFFICE OF INSPECTOR GENERAL funds were previously transferred for such ance in foreign countries, and, with the con- SALARIES AND EXPENSES purposes: Provided further, That of the funds currence of the Secretary of State, shall be For necessary expenses of the Office of In- provided $188,000,000 is for fuels management available to support forestry, wildland fire spector General, $52,486,000. activities: Provided further, That of the funds management, and related natural resource activities outside the United States and its OFFICE OF THE SPECIAL TRUSTEE FOR provided $20,470,000 is for burned area reha- territories and possessions, including tech- AMERICAN INDIANS bilitation: Provided further, That persons hired pursuant to 43 U.S.C. 1469 may be fur- nical assistance, education and training, and FEDERAL TRUST PROGRAMS nished subsistence and lodging without cost cooperation with United States and inter- (INCLUDING TRANSFER OF FUNDS) from funds available from this appropria- national organizations. For the operation of trust programs for In- tion: Provided further, That notwithstanding CENTRAL HAZARDOUS MATERIALS FUND dians by direct expenditure, contracts, coop- 42 U.S.C. 1856d, sums received by a bureau or For necessary expenses of the Department erative agreements, compacts, and grants, office of the Department of the Interior for of the Interior and any of its component of- $112,380,000, to remain available until ex- fire protection rendered pursuant to 42 fices and bureaus for the response action, in- pended, of which not to exceed $19,016,000 U.S.C. 1856 et seq., protection of United cluding associated activities, performed pur- from this or any other Act, may be available States property, may be credited to the ap- suant to the Comprehensive Environmental for historical accounting: Provided, That propriation from which funds were expended Response, Compensation, and Liability Act funds for trust management improvements to provide that protection, and are available (42 U.S.C. 9601 et seq.), $10,010,000, to remain and litigation support may, as needed, be without fiscal year limitation: Provided fur- available until expended. transferred to or merged with the Bureau of ther, That using the amounts designated NATURAL RESOURCE DAMAGE ASSESSMENT Indian Affairs and Bureau of Indian Edu- under this title of this Act, the Secretary of AND RESTORATION cation, ‘‘Operation of Indian Programs’’ ac- the Interior may enter into procurement NATURAL RESOURCE DAMAGE ASSESSMENT FUND count; the Office of the Solicitor, ‘‘Salaries contracts, grants, or cooperative agree- and Expenses’’ account; and the Office of the ments, for fuels management activities, and To conduct natural resource damage as- Secretary, ‘‘Departmental Operations’’ ac- for training and monitoring associated with sessment, restoration activities, and onshore count: Provided further, That funds made such fuels management activities on Federal oil spill preparedness by the Department of available through contracts or grants obli- land, or on adjacent non-Federal land for ac- the Interior necessary to carry out the provi- gated during fiscal year 2019, as authorized tivities that benefit resources on Federal sions of the Comprehensive Environmental by the Indian Self-Determination Act of 1975 land: Provided further, That the costs of im- Response, Compensation, and Liability Act (25 U.S.C. 5301 et seq.), shall remain available plementing any cooperative agreement be- (42 U.S.C. 9601 et seq.), the Federal Water until expended by the contractor or grantee: tween the Federal Government and any non- Pollution Control Act (33 U.S.C. 1251 et seq.), Provided further, That notwithstanding any Federal entity may be shared, as mutually the Oil Pollution Act of 1990 (33 U.S.C. 2701 et other provision of law, the Secretary shall agreed on by the affected parties: Provided seq.), and 54 U.S.C. 100721 et seq., $7,767,000, not be required to provide a quarterly state- further, That notwithstanding requirements to remain available until expended. ment of performance for any Indian trust ac- of the Competition in Contracting Act, the WORKING CAPITAL FUND count that has not had activity for at least Secretary, for purposes of fuels management For the operation and maintenance of a de- 15 months and has a balance of $15 or less: activities, may obtain maximum practicable partmental financial and business manage- Provided further, That the Secretary shall competition among: (1) local private, non- ment system, information technology im- issue an annual account statement and profit, or cooperative entities; (2) Youth Con- provements of general benefit to the Depart- maintain a record of any such accounts and servation Corps crews, Public Lands Corps ment, cybersecurity, and the consolidation shall permit the balance in each such ac- (Public Law 109–154), or related partnerships of facilities and operations throughout the count to be withdrawn upon the express writ- with State, local, or nonprofit youth groups; Department, $56,735,000, to remain available ten request of the account holder: Provided (3) small or micro-businesses; or (4) other en- until expended: Provided, That none of the

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funds appropriated in this Act or any other EMERGENCY TRANSFER AUTHORITY— form activities. Total funding for historical Act may be used to establish reserves in the DEPARTMENT-WIDE accounting activities shall not exceed Working Capital Fund account other than SEC. 102. The Secretary may authorize the amounts specifically designated in this Act for accrued annual leave and depreciation of expenditure or transfer of any no year appro- for such purpose. equipment without prior approval of the priation in this title, in addition to the REDISTRIBUTION OF FUNDS, BUREAU OF INDIAN Committees on Appropriations of the House amounts included in the budget programs of AFFAIRS of Representatives and the Senate: Provided the several agencies, for the suppression or SEC. 105. Notwithstanding any other provi- further, That the Secretary may assess rea- emergency prevention of wildland fires on or sion of law, the Secretary of the Interior is sonable charges to State, local and tribal threatening lands under the jurisdiction of authorized to redistribute any Tribal Pri- government employees for training services the Department of the Interior; for the emer- ority Allocation funds, including tribal base provided by the National Indian Program gency rehabilitation of burned-over lands funds, to alleviate tribal funding inequities Training Center, other than training related under its jurisdiction; for emergency actions by transferring funds to address identified, to Public Law 93–638: Provided further, That related to potential or actual earthquakes, unmet needs, dual enrollment, overlapping the Secretary may lease or otherwise provide floods, volcanoes, storms, or other unavoid- service areas or inaccurate distribution space and related facilities, equipment or able causes; for contingency planning subse- methodologies. No tribe shall receive a re- professional services of the National Indian quent to actual oil spills; for response and duction in Tribal Priority Allocation funds Program Training Center to State, local and natural resource damage assessment activi- of more than 10 percent in fiscal year 2019. tribal government employees or persons or ties related to actual oil spills or releases of Under circumstances of dual enrollment, organizations engaged in cultural, edu- hazardous substances into the environment; overlapping service areas or inaccurate dis- cational, or recreational activities (as de- for the prevention, suppression, and control tribution methodologies, the 10 percent limi- fined in section 3306(a) of title 40, United of actual or potential grasshopper and Mor- tation does not apply. States Code) at the prevailing rate for simi- mon cricket outbreaks on lands under the ju- ELLIS, GOVERNORS, AND LIBERTY ISLANDS lar space, facilities, equipment, or services risdiction of the Secretary, pursuant to the SEC. 106. Notwithstanding any other provi- in the vicinity of the National Indian Pro- authority in section 417(b) of Public Law 106– sion of law, the Secretary of the Interior is gram Training Center: Provided further, That 224 (7 U.S.C. 7717(b)); for emergency reclama- authorized to acquire lands, waters, or inter- all funds received pursuant to the two pre- tion projects under section 410 of Public Law ests therein including the use of all or part ceding provisos shall be credited to this ac- 95–87; and shall transfer, from any no year of any pier, dock, or landing within the count, shall be available until expended, and funds available to the Office of Surface Min- State of New York and the State of New Jer- shall be used by the Secretary for necessary ing Reclamation and Enforcement, such sey, for the purpose of operating and main- expenses of the National Indian Program funds as may be necessary to permit assump- taining facilities in the support of transpor- Training Center: Provided further, That the tion of regulatory authority in the event a tation and accommodation of visitors to Secretary may enter into grants and cooper- primacy State is not carrying out the regu- Ellis, Governors, and Liberty Islands, and of ative agreements to support the Office of latory provisions of the Surface Mining Act: other program and administrative activities, Natural Resource Revenue’s collection and Provided, That appropriations made in this by donation or with appropriated funds, in- disbursement of royalties, fees, and other title for wildland fire operations shall be cluding franchise fees (and other monetary mineral revenue proceeds, as authorized by available for the payment of obligations in- consideration), or by exchange; and the Sec- law. curred during the preceding fiscal year, and retary is authorized to negotiate and enter ADMINISTRATIVE PROVISION for reimbursement to other Federal agencies into leases, subleases, concession contracts for destruction of vehicles, aircraft, or other There is hereby authorized for acquisition or other agreements for the use of such fa- equipment in connection with their use for from available resources within the Working cilities on such terms and conditions as the wildland fire operations, with such reim- Capital Fund, aircraft which may be ob- Secretary may determine reasonable. tained by donation, purchase or through bursement to be credited to appropriations available excess surplus property: Provided, currently available at the time of receipt OUTER CONTINENTAL SHELF INSPECTION FEES That existing aircraft being replaced may be thereof: Provided further, That for wildland SEC. 107. (a) In fiscal year 2019, the Sec- sold, with proceeds derived or trade-in value fire operations, no funds shall be made avail- retary shall collect a nonrefundable inspec- used to offset the purchase price for the re- able under this authority until the Secretary tion fee, which shall be deposited in the ‘‘Off- placement aircraft. determines that funds appropriated for shore Safety and Environmental Enforce- ment’’ account, from the designated operator OFFICE OF NATURAL RESOURCES REVENUE ‘‘wildland fire suppression’’ shall be ex- for facilities subject to inspection under 43 For necessary expenses for management of hausted within 30 days: Provided further, That all funds used pursuant to this section U.S.C. 1348(c). the collection and disbursement of royalties, (b) Annual fees shall be collected for facili- fees, and other mineral revenue proceeds, must be replenished by a supplemental appropriation, which must be requested as ties that are above the waterline, excluding and for grants and cooperative agreements, drilling rigs, and are in place at the start of as authorized by law, $137,505,000, to remain promptly as possible: Provided further, That such replenishment funds shall be used to re- the fiscal year. Fees for fiscal year 2019 shall available until September 30, 2020; of which be: $41,727,000 shall remain available until ex- imburse, on a pro rata basis, accounts from which emergency funds were transferred. (1) $10,500 for facilities with no wells, but pended for the purpose of mineral revenue with processing equipment or gathering AUTHORIZED USE OF FUNDS management activities: Provided, That not- lines; withstanding any other provision of law, SEC. 103. Appropriations made to the De- (2) $17,000 for facilities with 1 to 10 wells, $15,000 shall be available for refunds of over- partment of the Interior in this title shall be with any combination of active or inactive payments in connection with certain Indian available for services as authorized by sec- wells; and leases in which the Secretary concurred with tion 3109 of title 5, United States Code, when (3) $31,500 for facilities with more than 10 the claimed refund due, to pay amounts owed authorized by the Secretary, in total amount wells, with any combination of active or in- to Indian allottees or tribes, or to correct not to exceed $500,000; purchase and replace- active wells. prior unrecoverable erroneous payments. ment of motor vehicles, including specially (c) Fees for drilling rigs shall be assessed GENERAL PROVISIONS, DEPARTMENT OF THE equipped law enforcement vehicles; hire, for all inspections completed in fiscal year INTERIOR maintenance, and operation of aircraft; hire 2019. Fees for fiscal year 2019 shall be: (INCLUDING TRANSFERS OF FUNDS) of passenger motor vehicles; purchase of re- (1) $30,500 per inspection for rigs operating EMERGENCY TRANSFER AUTHORITY—INTRA- prints; payment for telephone service in pri- in water depths of 500 feet or more; and BUREAU vate residences in the field, when authorized (2) $16,700 per inspection for rigs operating under regulations approved by the Secretary; SEC. 101. Appropriations made in this title in water depths of less than 500 feet. and the payment of dues, when authorized by shall be available for expenditure or transfer (d) The Secretary shall bill designated op- the Secretary, for library membership in so- (within each bureau or office), with the ap- erators under subsection (b) within 60 days, cieties or associations which issue publica- proval of the Secretary, for the emergency with payment required within 30 days of bill- tions to members only or at a price to mem- reconstruction, replacement, or repair of air- ing. The Secretary shall bill designated oper- bers lower than to subscribers who are not craft, buildings, utilities, or other facilities ators under subsection (c) within 30 days of members. or equipment damaged or destroyed by fire, the end of the month in which the inspection flood, storm, or other unavoidable causes: AUTHORIZED USE OF FUNDS, INDIAN TRUST occurred, with payment required within 30 Provided, That no funds shall be made avail- MANAGEMENT days of billing. able under this authority until funds specifi- SEC. 104. Appropriations made in this Act BUREAU OF OCEAN ENERGY MANAGEMENT, REG- cally made available to the Department of under the headings Bureau of Indian Affairs ULATION AND ENFORCEMENT REORGANIZATION the Interior for emergencies shall have been and Bureau of Indian Education, and Office SEC. 108. The Secretary of the Interior, in exhausted: Provided further, That all funds of the Special Trustee for American Indians order to implement a reorganization of the used pursuant to this section must be replen- and any unobligated balances from prior ap- Bureau of Ocean Energy Management, Regu- ished by a supplemental appropriation, propriations Acts made under the same head- lation and Enforcement, may transfer funds which must be requested as promptly as pos- ings shall be available for expenditure or among and between the successor offices and sible. transfer for Indian trust management and re- bureaus affected by the reorganization only

VerDate Sep 11 2014 03:28 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JY6.020 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE July 23, 2018 CONGRESSIONAL RECORD — SENATE S5141 in conformance with the reprogramming administered by the Secretary and con- resentation expenses, $2,659,675,000, to re- guidelines described in the report accom- sistent with such provisions of law. main available until September 30, 2020: Pro- panying this Act. (b) Prior to awarding any grant or agree- vided, That of the funds included under this CONTRACTS AND AGREEMENTS FOR WILD HORSE ment under subsection (a), the Secretary heading, $15,000,000 shall be for Environ- AND BURRO HOLDING FACILITIES shall ensure that the agreement would not— mental Protection: National Priorities as (1) result in the displacement of individ- specified in the report accompanying this SEC. 109. Notwithstanding any other provi- uals currently employed by the Department, Act: Provided further, That of the funds in- sion of this Act, the Secretary of the Interior including partial displacement through re- cluded under this heading, $454,958,000 shall may enter into multiyear cooperative agree- duction of non-overtime hours, wages, or em- be for Geographic Programs specified in the ments with nonprofit organizations and ployment benefits; report accompanying this Act: Provided fur- other appropriate entities, and may enter (2) result in the use of an individual under ther, That of the unobligated balances from into multiyear contracts in accordance with the Department of the Interior Experienced appropriations made available under this the provisions of section 3903 of title 41, Services Program for a job or function in a heading, $61,676,000 are permanently re- United States Code (except that the 5-year case in which a Federal employee is in a lay- scinded: Provided further, That no amounts term restriction in subsection (a) shall not off status from the same or substantially may be rescinded pursuant to the preceding apply), for the long-term care and mainte- equivalent job within the Department; or proviso from amounts made available in the nance of excess wild free roaming horses and (3) affect existing contracts for services. first proviso for Environmental Protection: burros by such organizations or entities on National Priorities, from amounts made private land. Such cooperative agreements PAYMENTS IN LIEU OF TAXES (PILT) available in the second proviso for Geo- and contracts may not exceed 10 years, sub- SEC. 114. Section 6906 of title 31, United graphic Programs, or from the National Es- ject to renewal at the discretion of the Sec- States Code, is amended by striking ‘‘fiscal tuary Program (33 U.S.C. 1330). retary. year 2018’’ and inserting ‘‘fiscal year 2019’’. In addition, $5,000,000 to remain available MASS MARKING OF SALMONIDS SAGE-GROUSE until expended, for necessary expenses of ac- SEC. 110. The United States Fish and Wild- SEC. 115. None of the funds made available tivities described in section 26(b)(1) of the life Service shall, in carrying out its respon- by this or any other Act may be used by the Toxic Substances Control Act (15 U.S.C. sibilities to protect threatened and endan- Secretary of the Interior to write or issue 2625(b)(1)): Provided, That fees collected pur- gered species of salmon, implement a system pursuant to section 4 of the Endangered Spe- suant to that section of that Act and depos- of mass marking of salmonid stocks, in- cies Act of 1973 (16 U.S.C. 1533)— ited in the ‘‘TSCA Service Fee Fund’’ as dis- tended for harvest, that are released from (1) a proposed rule for greater sage-grouse cretionary offsetting receipts in fiscal year federally operated or federally financed (Centrocercus urophasianus); 2019 shall be retained and used for necessary hatcheries including but not limited to fish (2) a proposed rule for the Columbia basin salaries and expenses in this appropriation releases of coho, chinook, and steelhead spe- distinct population segment of greater sage- and shall remain available until expended: cies. Marked fish must have a visible mark grouse. Provided further, That the sum herein appro- that can be readily identified by commercial TECHNICAL CORRECTION priated in this paragraph from the general and recreational fishers. fund for fiscal year 2019 shall be reduced by SEC. 116. Division II of Public Law 104–333 CONTRACTS AND AGREEMENTS WITH INDIAN (54 U.S.C. 320101 note), as amended by section the amount of discretionary offsetting re- AFFAIRS 116(b)(2) of Public Law 114–113, is amended in ceipts received during fiscal year 2019, so as to result in a final fiscal year 2019 appropria- SEC. 111. Notwithstanding any other provi- each of sections 208, 310, and 607, by striking sion of law, during fiscal year 2019, in car- ‘‘2017’’ and inserting ‘‘2019’’. tion from the general fund estimated at not more than $0: Provided further, That to the rying out work involving cooperation with TITLE II State, local, and tribal governments or any extent that amounts realized from such re- ENVIRONMENTAL PROTECTION AGENCY political subdivision thereof, Indian Affairs ceipts exceed $5,000,000, those amount in ex- may record obligations against accounts re- SCIENCE AND TECHNOLOGY cess of $5,000,000 shall be deposited in the ‘‘TSCA Service Fee Fund’’ as discretionary ceivable from any such entities, except that (INCLUDING RESCISSION OF FUNDS) total obligations at the end of the fiscal year offsetting receipts in fiscal year 2019, shall be For science and technology, including re- retained and used for necessary salaries and shall not exceed total budgetary resources search and development activities, which available at the end of the fiscal year. expenses in this account, and shall remain shall include research and development ac- available until expended: Provided further, HUMANE TRANSFER OF EXCESS ANIMALS tivities under the Comprehensive Environ- That of the funds included in the first para- SEC. 112. Notwithstanding any other provi- mental Response, Compensation, and Liabil- graph under this heading, the Chemical Risk sion of law, the Secretary of the Interior ity Act of 1980; necessary expenses for per- Review and Reduction program project shall may transfer excess wild horses or burros sonnel and related costs and travel expenses; be allocated for this fiscal year, excluding that have been removed from the public procurement of laboratory equipment and the amount of any fees appropriated, not less lands to other Federal, State, and local gov- supplies; and other operating expenses in than the amount of appropriations for that ernment agencies for use as work animals: support of research and development, program project for fiscal year 2014. $717,723,000, to remain available until Sep- Provided, That the Secretary may make any OFFICE OF INSPECTOR GENERAL such transfer immediately upon request of tember 30, 2020: Provided, That of the funds For necessary expenses of the Office of In- such Federal, State, or local government included under this heading, $5,000,000 shall spector General in carrying out the provi- agency: Provided further, That any excess be for Research: National Priorities as speci- sions of the Inspector General Act of 1978, animal transferred under this provision shall fied in the report accompanying this Act: $41,489,000, to remain available until Sep- lose its status as a wild free-roaming horse Provided further, That of unobligated bal- tember 30, 2020. or burro as defined in the Wild Free-Roaming ances from appropriations made available Horses and Burros Act: Provided further, That under this heading, $11,250,000 are perma- BUILDINGS AND FACILITIES any Federal, State, or local government nently rescinded: Provided further, That no For construction, repair, improvement, ex- agency receiving excess wild horses or burros amounts may be rescinded pursuant to the tension, alteration, and purchase of fixed as authorized in this section shall not: de- preceding proviso from amounts made avail- equipment or facilities of, or for use by, the stroy the horses or burros in a way that re- able in the first proviso for Research: Na- Environmental Protection Agency, sults in their destruction into commercial tional Priorities. $34,467,000, to remain available until ex- products; sell or otherwise transfer the ENVIRONMENTAL PROGRAMS AND MANAGEMENT pended. horses or burros in a way that results in (INCLUDING RESCISSION OF FUNDS) HAZARDOUS SUBSTANCE SUPERFUND their destruction for processing into com- For environmental programs and manage- (INCLUDING TRANSFERS OF FUNDS) mercial products; or euthanize the horses or ment, including necessary expenses, not oth- For necessary expenses to carry out the burros except upon the recommendation of a erwise provided for, for personnel and related Comprehensive Environmental Response, licensed veterinarian, in cases of severe in- costs and travel expenses; hire of passenger Compensation, and Liability Act of 1980 jury, illness, or advanced age. motor vehicles; hire, maintenance, and oper- (CERCLA), including sections 111(c)(3), (c)(5), DEPARTMENT OF THE INTERIOR EXPERIENCED ation of aircraft; purchase of reprints; li- (c)(6), and (e)(4) (42 U.S.C. 9611) $1,091,947,000, SERVICES PROGRAM brary memberships in societies or associa- to remain available until expended, con- SEC. 113. (a) Notwithstanding any other tions which issue publications to members sisting of such sums as are available in the provision of law relating to Federal grants only or at a price to members lower than to Trust Fund on September 30, 2018, as author- and cooperative agreements, the Secretary subscribers who are not members; adminis- ized by section 517(a) of the Superfund of the Interior is authorized to make grants trative costs of the brownfields program Amendments and Reauthorization Act of to, or enter into cooperative agreements under the Small Business Liability Relief 1986 (SARA) and up to $1,091,947,000 as a pay- with, private nonprofit organizations des- and Brownfields Revitalization Act of 2002; ment from general revenues to the Haz- ignated by the Secretary of Labor under title implementation of a coal combustion resid- ardous Substance Superfund for purposes as V of the Older Americans Act of 1965 to uti- ual permit program under section 2301 of the authorized by section 517(b) of SARA: Pro- lize the talents of older Americans in pro- Water and Waste Act of 2016; and not to ex- vided, That funds appropriated under this grams authorized by other provisions of law ceed $9,000 for official reception and rep- heading may be allocated to other Federal

VerDate Sep 11 2014 03:28 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JY6.020 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE S5142 CONGRESSIONAL RECORD — SENATE July 23, 2018 agencies in accordance with section 111(a) of year 2019, notwithstanding the provisions of made available under this title to each State CERCLA: Provided further, That of the funds subsections (g)(1), (h), and (l) of section 201 of for Drinking Water State Revolving Fund appropriated under this heading, $8,718,000 the Federal Water Pollution Control Act, capitalization grants shall be used by the shall be paid to the ‘‘Office of Inspector Gen- grants made under title II of such Act for State to provide additional subsidy to eligi- eral’’ appropriation to remain available until American Samoa, Guam, the commonwealth ble recipients in the form of forgiveness of September 30, 2020, and $17,398,000 shall be of the Northern Marianas, the United States principal, negative interest loans, or grants paid to the ‘‘Science and Technology’’ appro- Virgin Islands, and the District of Columbia (or any combination of these), and shall be priation to remain available until September may also be made for the purpose of pro- so used by the State only where such funds 30, 2020. viding assistance: (1) solely for facility are provided as initial financing for an eligi- LEAKING UNDERGROUND STORAGE TANK TRUST plans, design activities, or plans, specifica- ble recipient or to buy, refinance, or restruc- FUND PROGRAM tions, and estimates for any proposed project ture the debt obligations of eligible recipi- for the construction of treatment works; and ents only where such debt was incurred on or For necessary expenses to carry out leak- (2) for the construction, repair, or replace- after the date of enactment of this Act, or ing underground storage tank cleanup activi- ment of privately owned treatment works where such debt was incurred prior to the ties authorized by subtitle I of the Solid serving one or more principal residences or date of enactment of this Act if the State, Waste Disposal Act, $91,941,000, to remain small commercial establishments: Provided with concurrence from the Administrator, available until expended, of which $66,572,000 further, That for fiscal year 2019, notwith- determines that such funds could be used to shall be for carrying out leaking understanding the provisions of such subsections help address a threat to public health from ground storage tank cleanup activities au- (g)(1), (h), and (l) of section 201 and section heightened exposure to lead in drinking thorized by section 9003(h) of the Solid Waste 518(c) of the Federal Water Pollution Control water or if a Federal or State emergency Disposal Act; $25,369,000 shall be for carrying Act, funds reserved by the Administrator for declaration has been issued due to a threat out the other provisions of the Solid Waste grants under section 518(c) of the Federal to public health from heightened exposure to Disposal Act specified in section 9508(c) of Water Pollution Control Act may also be lead in a municipal drinking water supply the Internal Revenue Code: Provided, That used to provide assistance: (1) solely for fa- before the date of enactment of this Act: Pro- the Administrator is authorized to use ap- cility plans, design activities, or plans, spec- vided further, That in a State in which such propriations made available under this head- ifications, and estimates for any proposed an emergency declaration has been issued, ing to implement section 9013 of the Solid project for the construction of treatment the State may use more than 20 percent of Waste Disposal Act to provide financial as- works; and (2) for the construction, repair, or the funds made available under this title to sistance to federally recognized Indian tribes replacement of privately owned treatment the State for Drinking Water State Revolv- for the development and implementation of works serving one or more principal resi- ing Fund capitalization grants to provide ad- programs to manage underground storage dences or small commercial establishments: ditional subsidy to eligible recipients; tanks. Provided further, That for fiscal year 2019, (2) $15,000,000 shall be for architectural, en- INLAND OIL SPILL PROGRAMS notwithstanding any provision of the Fed- gineering, planning, design, construction and For expenses necessary to carry out the eral Water Pollution Control Act and regula- related activities in connection with the Environmental Protection Agency’s respon- tions issued pursuant thereof, up to a total construction of high priority water and sibilities under the Oil Pollution Act of 1990, of $2,000,000 of the funds reserved by the Ad- wastewater facilities in the area of the $18,209,000, to be derived from the Oil Spill ministrator for grants under section 518(c) of United States-Mexico Border, after consulta- Liability trust fund, to remain available such Act may also be used for grants for tion with the appropriate border commis- until expended. training, technical assistance, and edu- sion: Provided, That no funds provided by cational programs relating to the operation this appropriations Act to address the water, STATE AND TRIBAL ASSISTANCE GRANTS and management of the treatment works wastewater and other critical infrastructure For environmental programs and infra- specified in section 518(c) of such Act: Pro- needs of the colonias in the United States structure assistance, including capitaliza- vided further, That for fiscal year 2019, funds along the United States-Mexico border shall tion grants for State revolving funds and reserved under section 518(c) of such Act be made available to a county or municipal performance partnership grants, shall be available for grants only to Indian government unless that government has es- $3,575,041,000, to remain available until ex- tribes, as defined in section 518(h) of such tablished an enforceable local ordinance, or pended, of which— Act and former Indian reservations in Okla- other zoning rule, which prevents in that ju- (1) $1,394,000,000 shall be for making cap- homa (as determined by the Secretary of the risdiction the development or construction italization grants for the Clean Water State Interior) and Native Villages as defined in of any additional colonia areas, or the devel- Revolving Funds under title VI of the Fed- Public Law 92–203: Provided further, That for opment within an existing colonia the con- eral Water Pollution Control Act; and of fiscal year 2019, notwithstanding the limita- struction of any new home, business, or which $864,000,000 shall be for making cap- tion on amounts in section 518(c) of the Fed- other structure which lacks water, waste- italization grants for the Drinking Water eral Water Pollution Control Act, up to a water, or other necessary infrastructure; State Revolving Funds under section 1452 of total of 2 percent of the funds appropriated, (3) $25,000,000 shall be for grants to the the Safe Drinking Water Act: Provided, That or $30,000,000, whichever is greater, and not- State of Alaska to address drinking water for fiscal year 2019, to the extent there are withstanding the limitation on amounts in and wastewater infrastructure needs of rural sufficient eligible project applications and section 1452(i) of the Safe Drinking Water and Alaska Native Villages: Provided, That of projects are consistent with State Intended Act, up to a total of 2 percent of the funds these funds: (A) the State of Alaska shall Use Plans, not less than 10 percent of the appropriated, or $20,000,000, whichever is provide a match of 25 percent; (B) no more funds made available under this title to each greater, for State Revolving Funds under than 5 percent of the funds may be used for State for Clean Water State Revolving Fund such Acts may be reserved by the Adminis- administrative and overhead expenses; and capitalization grants shall be used by the trator for grants under section 518(c) and (C) the State of Alaska shall make awards State for projects to address green infra- section 1452(i) of such Acts: Provided further, consistent with the Statewide priority list structure, water or energy efficiency im- That for fiscal year 2019, notwithstanding established in conjunction with the Agency provements, or other environmentally inno- the amounts specified in section 205(c) of the and the U.S. Department of Agriculture for vative activities: Provided further, That for Federal Water Pollution Control Act, up to all water, sewer, waste disposal, and similar fiscal year 2019, funds made available under 1.5 percent of the aggregate funds appro- projects carried out by the State of Alaska this title to each State for Drinking Water priated for the Clean Water State Revolving that are funded under section 221 of the Fed- State Revolving Fund capitalization grants Fund program under the Act less any sums eral Water Pollution Control Act (33 U.S.C. may, at the discretion of each State, be used reserved under section 518(c) of the Act, may 1301) or the Consolidated Farm and Rural De- for projects to address green infrastructure, be reserved by the Administrator for grants velopment Act (7 U.S.C. 1921 et seq.) which water or energy efficiency improvements, or made under title II of the Federal Water Pol- shall allocate not less than 25 percent of the other environmentally innovative activities: lution Control Act for American Samoa, funds provided for projects in regional hub Provided further, That notwithstanding sec- Guam, the Commonwealth of the Northern communities; tion 603(d)(7) of the Federal Water Pollution Marianas, and United States Virgin Islands: (4) $80,000,000 shall be to carry out section Control Act, the limitation on the amounts Provided further, That for fiscal year 2019, 104(k) of the Comprehensive Environmental in a State water pollution control revolving notwithstanding the limitations on amounts Response, Compensation, and Liability Act fund that may be used by a State to admin- specified in section 1452(j) of the Safe Drink- of 1980 (CERCLA), including grants, inter- ister the fund shall not apply to amounts ining Water Act, up to 1.5 percent of the funds agency agreements, and associated program cluded as principal in loans made by such appropriated for the Drinking Water State support costs: Provided, That not more than fund in fiscal year 2019 and prior years where Revolving Fund programs under the Safe 25 percent of the amount appropriated to such amounts represent costs of admin- Drinking Water Act may be reserved by the carry out section 104(k) of CERCLA shall be istering the fund to the extent that such Administrator for grants made under section used for site characterization, assessment, amounts are or were deemed reasonable by 1452(j) of the Safe Drinking Water Act: Pro- and remediation of facilities described in the Administrator, accounted for separately vided further, That 10 percent of the funds section 101(39)(D)(ii)(II) of CERCLA: Provided from other assets in the fund, and used for made available under this title to each State further, That at least 10 percent shall be allo- eligible purposes of the fund, including ad- for Clean Water State Revolving Fund cap- cated for assistance in persistent poverty ministration: Provided further, That for fiscal italization grants and 20 percent of the funds counties: Provided further, That for purposes

VerDate Sep 11 2014 03:28 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JY6.020 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE July 23, 2018 CONGRESSIONAL RECORD — SENATE S5143 of this section, the term ‘‘persistent poverty carrying out the Agency’s function to imple- tinuing Appropriations Act, 2017 (division C counties’’ means any county that has had 20 ment directly Federal environmental proof Public Law 114–223), as amended by the percent or more of its population living in grams required or authorized by law in the Further Continuing and Security Assistance poverty over the past 30 years, as measured absence of an acceptable tribal program, Appropriations Act, 2017 (Public Law 114– by the 1990 and 2000 decennial censuses and may award cooperative agreements to feder- 254). the most recent Small Area Income and Pov- ally recognized Indian tribes or Intertribal TITLE III erty Estimates; consortia, if authorized by their member RELATED AGENCIES (5) $50,000,000 shall be for grants under title tribes, to assist the Administrator in imple- VII, subtitle G of the Energy Policy Act of menting Federal environmental programs DEPARTMENT OF AGRICULTURE 2005; for Indian tribes required or authorized by OFFICE OF THE UNDER SECRETARY FOR (6) $50,000,000 shall be for targeted airshed law, except that no such cooperative agree- NATURAL RESOURCES AND ENVIRONMENT grants in accordance with the terms and con- ments may be awarded from funds des- For necessary expenses of the Office of the ditions in the report accompanying this Act; ignated for State financial assistance agree- Under Secretary for Natural Resources and (7) $4,000,000 shall be to carry out the water ments. Environment, $875,000: Provided, That funds quality program authorized in section 5004(d) The Administrator of the Environmental made available by this Act to any agency in of the Water Infrastructure Improvements Protection Agency is authorized to collect the Natural Resources and Environment mis- for the Nation Act (Public Law 114–322); and and obligate pesticide registration service sion area for salaries and expenses are avail- (8) $1,093,041,000 shall be for grants, includ- fees in accordance with section 33 of the Fed- able to fund up to one administrative sup- ing associated program support costs, to eral Insecticide, Fungicide, and Rodenticide port staff for the office. States, federally recognized tribes, inter- Act, as amended by Public Law 112–177, the FOREST SERVICE Pesticide Registration Improvement Exten- state agencies, tribal consortia, and air pol- FOREST AND RANGELAND RESEARCH lution control agencies for multi-media or sion Act of 2012. For necessary expenses of forest and range- single media pollution prevention, control Notwithstanding section 33(d)(2) of the land research as authorized by law, and abatement and related activities, includ- Federal Insecticide, Fungicide, and $300,000,000, to remain available through Sep- ing activities pursuant to the provisions set Rodenticide Act (FIFRA) (7 U.S.C. 136w– tember 30, 2022: Provided, That of the funds forth under this heading in Public Law 104– 8(d)(2)), the Administrator of the Environ- provided, $77,000,000 is for the forest inven- 134, and for making grants under section 103 mental Protection Agency may assess fees tory and analysis program: Provided further, of the Clean Air Act for particulate matter under section 33 of FIFRA (7 U.S.C. 136w–8) That all authorities for the use of funds, in- monitoring and data collection activities for fiscal year 2019. cluding the use of contracts, grants, and co- subject to terms and conditions specified by The Administrator is authorized to trans- operative agreements, available to execute the Administrator, of which: $47,745,000 shall fer up to $300,000,000 of the funds appro- the Forest and Rangeland Research appro- be for carrying out section 128 of CERCLA; priated for the Great Lakes Restoration Ini- priation, are also available in the utilization $9,646,000 shall be for Environmental Infor- tiative under the heading ‘‘Environmental of these funds for Fire Science Research. mation Exchange Network grants, including Programs and Management’’ to the head of associated program support costs; $1,498,000 any Federal department or agency, with the STATE AND PRIVATE FORESTRY shall be for grants to States under section concurrence of such head, to carry out ac- For necessary expenses of cooperating with 2007(f)(2) of the Solid Waste Disposal Act, tivities that would support the Great Lakes and providing technical and financial assist- which shall be in addition to funds appro- Restoration Initiative and Great Lakes ance to States, territories, possessions, and priated under the heading ‘‘Leaking Under- Water Quality Agreement programs, others, and for forest health management, ground Storage Tank Trust Fund Program’’ projects, or activities; to enter into an inter- and conducting an international program as to carry out the provisions of the Solid agency agreement with the head of such Fed- authorized, $333,990,000, to remain available Waste Disposal Act specified in section eral department or agency to carry out these through September 30, 2022, as authorized by 9508(c) of the Internal Revenue Code other activities; and to make grants to govern- law; of which $65,490,000 is to be derived from than section 9003(h) of the Solid Waste Dis- mental entities, nonprofit organizations, in- the Land and Water Conservation Fund to be posal Act; $17,848,000 of the funds available stitutions, and individuals for planning, re- used for the Forest Legacy Program, to re- for grants under section 106 of the Federal search, monitoring, outreach, and implemen- main available until expended. Water Pollution Control Act shall be for tation in furtherance of the Great Lakes NATIONAL FOREST SYSTEM Restoration Initiative and the Great Lakes State participation in national- and State- For necessary expenses of the Forest Serv- Water Quality Agreement. level statistical surveys of water resources ice, not otherwise provided for, for manage- and enhancements to State monitoring pro- The Science and Technology, Environ- mental Programs and Management, Office of ment, protection, improvement, and utiliza- grams; $27,000,000 shall be for multipurpose tion of the National Forest System, and for grants, including interagency agreements. Inspector General, Hazardous Substance Superfund, and Leaking Underground Stor- hazardous fuels management on or adjacent WATER INFRASTRUCTURE FINANCE AND age Tank Trust Fund Program Accounts, are to such lands, $1,937,653,000, to remain avail- INNOVATION PROGRAM ACCOUNT available for the construction, alteration, re- able through September 30, 2022: Provided, For the cost of direct loans and for the cost pair, rehabilitation, and renovation of facili- That of the funds provided, $40,000,000 shall of guaranteed loans, as authorized by the ties, provided that the cost does not exceed be deposited in the Collaborative Forest Water Infrastructure Finance and Innova- $150,000 per project. Landscape Restoration Fund for ecological tion Act of 2014, $5,000,000, to remain avail- For fiscal year 2019, and notwithstanding restoration treatments as authorized by 16 able until expended: Provided, That such section 518(f) of the Federal Water Pollution U.S.C. 7303(f): Provided further, That of the costs, including the cost of modifying such Control Act (33 U.S.C. 1377(f)), the Adminis- funds provided, $368,000,000 shall be for forest loans, shall be as defined in section 502 of the trator is authorized to use the amounts ap- products: Provided further, That of the funds Congressional Budget Act of 1974: Provided propriated for any fiscal year under section provided, $435,000,000 shall be for hazardous further, That these funds are available to 319 of the Act to make grants to Indian fuels management activities, of which not to subsidize gross obligations for the principal tribes pursuant to sections 319(h) and 518(e) exceed $15,000,000 may be used to make amount of direct loans, including capitalized of that Act. grants, using any authorities available to interest, and total loan principal, including The Administrator is authorized to use the the Forest Service under the ‘‘State and Pri- capitalized interest, any part of which is to amounts appropriated under the heading vate Forestry’’ appropriation, for the pur- be guaranteed, not to exceed $610,000,000. ‘‘Environmental Programs and Manage- pose of creating incentives for increased use In addition, fees authorized to be collected ment’’ for fiscal year 2019 to provide grants of biomass from National Forest System pursuant to sections 5029 and 5030 of the to implement the Southeastern New England lands: Provided further, That $15,000,000 may Water Infrastructure Finance and Innova- Watershed Restoration Program. be used by the Secretary of Agriculture to tion Act of 2014 shall be deposited in this ac- The Administrator of the Environmental enter into procurement contracts or coopera- count, to remain available until expended. Protection Agency is authorized to collect tive agreements or to issue grants for haz- In addition, for administrative expenses to and obligate fees in accordance with section ardous fuels management activities, and for carry out the direct and guaranteed loan 3024 of the Solid Waste Disposal Act (42 training or monitoring associated with such programs, notwithstanding section 5033 of U.S.C. 6939g) for fiscal year 2019. hazardous fuels management activities on the Water Infrastructure Finance and Inno- Of the unobligated balances available for Federal land, or on non-Federal land if the vation Act of 2014, $5,000,000, to remain avail- the ‘‘State and Tribal Assistance Grants’’ ac- Secretary determines such activities benefit able until September 30, 2020. count, $109,078,000 are hereby permanently resources on Federal land: Provided further, rescinded: Provided, That no amounts may be That funds made available to implement the ADMINISTRATIVE PROVISIONS— rescinded from amounts that were des- Community Forestry Restoration Act, Pub- ENVIRONMENTAL PROTECTION AGENCY ignated by the Congress as an emergency re- lic Law 106–393, title VI, shall be available (INCLUDING TRANSFERS AND RESCISSION OF quirement pursuant to the Concurrent Reso- for use on non-Federal lands in accordance FUNDS) lution on the Budget or the Balanced Budget with authorities made available to the For- For fiscal year 2019, notwithstanding 31 and Emergency Deficit Control Act of 1985 or est Service under the ‘‘State and Private U.S.C. 6303(1) and 6305(1), the Administrator from amounts that were made available by Forestry’’ appropriations: Provided further, of the Environmental Protection Agency, in subsection (a) of section 196 of the Con- That notwithstanding section 33 of the

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Bankhead Jones Farm Tenant Act (7 U.S.C. RANGE BETTERMENT FUND acquisition of land, waters, and interests 1012), the Secretary of Agriculture, in calcu- For necessary expenses of range rehabilita- therein pursuant to 7 U.S.C. 428a; (5) for ex- lating a fee for grazing on a National Grass- tion, protection, and improvement, 50 per- penses pursuant to the Volunteers in the Na- land, may provide a credit of up to 50 percent cent of all moneys received during the prior tional Forest Act of 1972 (16 U.S.C. 558a, 558d, of the calculated fee to a Grazing Associa- fiscal year, as fees for grazing domestic live- and 558a note); (6) the cost of uniforms as au- tion or direct permittee for a conservation stock on lands in National Forests in the 16 thorized by 5 U.S.C. 5901–5902; and (7) for debt practice approved by the Secretary in ad- Western States, pursuant to section 401(b)(1) collection contracts in accordance with 31 vance of the fiscal year in which the cost of of Public Law 94–579, to remain available U.S.C. 3718(c). Any appropriations or funds available to the conservation practice is incurred. And, through September 30, 2022, of which not to the Forest Service may be transferred to the that the amount credited shall remain avail- exceed 6 percent shall be available for ad- Wildland Fire Management appropriation for able to the Grazing Association or the direct ministrative expenses associated with on- forest firefighting, emergency rehabilitation permittee, as appropriate, in the fiscal year the-ground range rehabilitation, protection, of burned-over or damaged lands or waters in which the credit is made and each fiscal and improvements. year thereafter for use on the project for under its jurisdiction, and fire preparedness GIFTS, DONATIONS AND BEQUESTS FOR FOREST conservation practices approved by the Sec- due to severe burning conditions upon the AND RANGELAND RESEARCH retary. Secretary’s notification of the House and For expenses authorized by 16 U.S.C. Senate Committees on Appropriations that CAPITAL IMPROVEMENT AND MAINTENANCE 1643(b), $45,000, to remain available through all fire suppression funds appropriated under (INCLUDING TRANSFER OF FUNDS) September 30, 2022, to be derived from the the heading ‘‘Wildland Fire Management’’ For necessary expenses of the Forest Serv- fund established pursuant to the above Act. will be obligated within 30 days: Provided, ice, not otherwise provided for, $449,000,000, MANAGEMENT OF NATIONAL FOREST LANDS FOR That all funds used pursuant to this para- to remain available through September 30, SUBSISTENCE USES graph must be replenished by a supplemental 2022, for construction, capital improvement, appropriation which must be requested as For necessary expenses of the Forest Serv- maintenance and acquisition of buildings promptly as possible. and other facilities and infrastructure; and ice to manage Federal lands in Alaska for Not more than $50,000,000 of funds appro- for construction, reconstruction, decommis- subsistence uses under title VIII of the Alas- priated to the Forest Service shall be avail- sioning of roads that are no longer needed, ka National Interest Lands Conservation Act able for expenditure or transfer to the De- including unauthorized roads that are not (16 U.S.C. 3111 et seq.), $2,500,000, to remain partment of the Interior for wildland fire part of the transportation system, and main- available through September 30, 2022. management, hazardous fuels management, tenance of forest roads and trails by the For- WILDLAND FIRE MANAGEMENT and State fire assistance when such transfers est Service as authorized by 16 U.S.C. 532–538 (INCLUDING TRANSFERS OF FUNDS) would facilitate and expedite wildland fire and 23 U.S.C. 101 and 205: Provided, That For necessary expenses for forest fire management programs and projects. funds becoming available in fiscal year 2019 presuppression activities on National Forest Notwithstanding any other provision of under the Act of March 4, 1913 (16 U.S.C. 501) System lands, for emergency wildland fire this Act, the Forest Service may transfer un- shall be transferred to the General Fund of suppression on or adjacent to such lands or obligated balances of discretionary funds ap- the Treasury and shall not be available for other lands under fire protection agreement, propriated to the Forest Service by this Act to or within the National Forest System Ac- transfer or obligation for any other purpose and for emergency rehabilitation of burned- count, or reprogram funds to be used for the unless the funds are appropriated. over National Forest System lands and purposes of hazardous fuels management and LAND ACQUISITION water, $3,229,620,000, to remain available urgent rehabilitation of burned-over Na- (INCLUDING RESCISSION OF FUNDS) through September 30, 2022: Provided, That tional Forest System lands and water, such such funds including unobligated balances For expenses necessary to carry out the transferred funds shall remain available under this heading, are available for repay- provisions of chapter 2003 of title 54, United through September 30, 2022: Provided, That ment of advances from other appropriations States Code, including administrative ex- none of the funds transferred pursuant to accounts previously transferred for such pur- penses, and for acquisition of land or waters, this section shall be available for obligation poses: , That any unobligated or interest therein, in accordance with statu- Provided further without written notification to and the prior tory authority applicable to the Forest Serv- funds appropriated in a previous fiscal year approval of the Committees on Appropria- ice, $74,099,000, to be derived from the Land for hazardous fuels management may be tions of both Houses of Congress: Provided and Water Conservation Fund and to remain transferred to the ‘‘National Forest System’’ further, That this section does not apply to available until expended. account: Provided further, That such funds funds appropriated to the FLAME Wildfire Of the unobligated balances from amounts shall be available to reimburse State and Suppression Reserve Fund or funds derived made available for Land Acquisition and de- other cooperating entities for services pro- from the Land and Water Conservation rived from the Land and Water Conservation vided in response to wildfire and other emer- Fund. Fund, $16,028,000 is hereby permanently re- gencies or disasters to the extent such reim- Funds appropriated to the Forest Service scinded from projects with cost savings or bursements by the Forest Service for non- shall be available for assistance to or failed or partially failed projects that had fire emergencies are fully repaid by the re- through the Agency for International Devel- funds returned: Provided, That no amounts sponsible emergency management agency: opment in connection with forest and range- may be rescinded from amounts that were Provided further, That funds provided shall be land research, technical information, and as- designated by the Congress as an emergency available for support to Federal emergency sistance in foreign countries, and shall be requirement pursuant to the Concurrent response: Provided further, That the costs of available to support forestry and related nat- Resolution on the Budget or the Balanced implementing any cooperative agreement be- ural resource activities outside the United Budget and Emergency Deficit Control Act tween the Federal Government and any non- States and its territories and possessions, in- of 1985. Federal entity may be shared, as mutually cluding technical assistance, education and ACQUISITION OF LANDS FOR NATIONAL FORESTS agreed on by the affected parties: Provided training, and cooperation with U.S., private, SPECIAL ACTS further, That funds designated for wildfire and international organizations. The Forest For acquisition of lands within the exte- suppression, shall be assessed for cost pools Service, acting for the International Pro- rior boundaries of the Cache, Uinta, and on the same basis as such assessments are gram, may sign direct funding agreements Wasatch National Forests, Utah; the Toiyabe calculated against other agency programs. with foreign governments and institutions as National Forest, Nevada; and the Angeles, ADMINISTRATIVE PROVISIONS—FOREST SERVICE well as other domestic agencies (including the U.S. Agency for International Develop- San Bernardino, Sequoia, and Cleveland Na- (INCLUDING TRANSFERS OF FUNDS) ment, the Department of State, and the Mil- tional Forests, California; and the Ozark-St. Appropriations to the Forest Service for Francis and Ouachita National Forests, Ar- lennium Challenge Corporation), U.S. pri- the current fiscal year shall be available for: vate sector firms, institutions and organiza- kansas; as authorized by law, $700,000, to be (1) purchase of passenger motor vehicles; ac- derived from forest receipts. tions to provide technical assistance and quisition of passenger motor vehicles from training programs overseas on forestry and ACQUISITION OF LANDS TO COMPLETE LAND excess sources, and hire of such vehicles; rangeland management. EXCHANGES purchase, lease, operation, maintenance, and Funds appropriated to the Forest Service For acquisition of lands, such sums, to be acquisition of aircraft to maintain the oper- shall be available for expenditure or transfer derived from funds deposited by State, coun- able fleet for use in Forest Service wildland to the Department of the Interior, Bureau of ty, or municipal governments, public school fire programs and other Forest Service pro- Land Management, for removal, preparation, districts, or other public school authorities, grams; notwithstanding other provisions of and adoption of excess wild horses and bur- and for authorized expenditures from funds law, existing aircraft being replaced may be ros from National Forest System lands, and deposited by non-Federal parties pursuant to sold, with proceeds derived or trade-in value for the performance of cadastral surveys to Land Sale and Exchange Acts, pursuant to used to offset the purchase price for the re- designate the boundaries of such lands. the Act of December 4, 1967 (16 U.S.C. 484a), placement aircraft; (2) services pursuant to 7 None of the funds made available to the to remain available through September 30, U.S.C. 2225, and not to exceed $100,000 for em- Forest Service in this Act or any other Act 2021, (16 U.S.C. 516–617a, 555a; Public Law 96– ployment under 5 U.S.C. 3109; (3) purchase, with respect to any fiscal year shall be sub- 586; Public Law 76–589, 76–591; and Public Law erection, and alteration of buildings and ject to transfer under the provisions of sec- 78–310). other public improvements (7 U.S.C. 2250); (4) tion 702(b) of the Department of Agriculture

VerDate Sep 11 2014 03:28 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JY6.020 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE July 23, 2018 CONGRESSIONAL RECORD — SENATE S5145 Organic Act of 1944 (7 U.S.C. 2257), section 442 Any funds appropriated to the Forest Serv- quired through a full service lease, which is of Public Law 106–224 (7 U.S.C. 7772), or sec- ice may be used to meet the non-Federal not eligible for maintenance and improve- tion 10417(b) of Public Law 107–171 (7 U.S.C. share requirement in section 502(c) of the ment and equipment funds from the Indian 8316(b)). Older Americans Act of 1965 (42 U.S.C. Health Service, and $58,000,000 shall be for None of the funds available to the Forest 3056(c)(2)). costs related to or resulting from accredita- Service may be reprogrammed without the The Forest Service shall not assess funds tion emergencies, of which up to $4,000,000 advance approval of the House and Senate for the purpose of performing fire, adminis- may be used to supplement amounts other- Committees on Appropriations in accordance trative, and other facilities maintenance and wise available for Purchased/Referred Care: with the reprogramming procedures con- decommissioning. Provided further, That the amounts collected tained in the report accompanying this Act. Notwithstanding any other provision of by the Federal Government as authorized by Not more than $82,000,000 of funds available law, of any appropriations or funds available sections 104 and 108 of the Indian Health Care to the Forest Service shall be transferred to to the Forest Service, not to exceed $500,000 Improvement Act (25 U.S.C. 1613a and 1616a) the Working Capital Fund of the Department may be used to reimburse the Office of the during the preceding fiscal year for breach of of Agriculture and not more than $14,500,000 General Counsel (OGC), Department of Agri- contracts shall be deposited to the Fund au- of funds available to the Forest Service shall culture, for travel and related expenses in- thorized by section 108A of that Act (25 be transferred to the Department of Agri- curred as a result of OGC assistance or par- U.S.C. 1616a–1) and shall remain available culture for Department Reimbursable Pro- ticipation requested by the Forest Service at until expended and, notwithstanding section grams, commonly referred to as Greenbook meetings, training sessions, management re- 108A(c) of that Act (25 U.S.C. 1616a–1(c)), charges. Nothing in this paragraph shall pro- views, land purchase negotiations and simi- funds shall be available to make new awards hibit or limit the use of reimbursable agree- lar matters unrelated to civil litigation. Fu- under the loan repayment and scholarship ments requested by the Forest Service in ture budget justifications for both the Forest programs under sections 104 and 108 of that order to obtain services from the Depart- Service and the Department of Agriculture Act (25 U.S.C. 1613a and 1616a): Provided fur- ment of Agriculture’s National Information should clearly display the sums previously ther, That the amounts made available with- Technology Center and the Department of transferred and the sums requested for trans- in this account for the Substance Abuse and Agriculture’s International Technology fer. Suicide Prevention Program, for opioid Pre- Service. An eligible individual who is employed in vention, Treatment and Recovery Services, Of the funds available to the Forest Serv- any project funded under title V of the Older for the Domestic Violence Prevention Pro- ice, up to $5,000,000 shall be available for pri- Americans Act of 1965 (42 U.S.C. 3056 et seq.) gram, for the Zero Suicide Initiative, for the ority projects within the scope of the ap- and administered by the Forest Service shall housing subsidy authority for civilian em- proved budget, which shall be carried out by be considered to be a Federal employee for ployees, for aftercare pilot programs at the Youth Conservation Corps and shall be purposes of chapter 171 of title 28, United Youth Regional Treatment Centers, to im- carried out under the authority of the Public States Code. prove collections from public and private in- Lands Corps Act of 1993 (16 U.S.C. 1721 et Notwithstanding any other provision of surance at Indian Health Service and trib- seq.). this Act, through the Office of Budget and ally operated facilities, and for accreditation Of the funds available to the Forest Serv- Program Analysis, the Forest Service shall emergencies shall be allocated at the discre- ice, $4,000 is available to the Chief of the For- report no later than 30 business days fol- tion of the Director of the Indian Health est Service for official reception and rep- lowing the close of each fiscal quarter all Service and shall remain available until ex- resentation expenses. current and prior year unobligated balances, pended: Provided further, That funds provided Pursuant to sections 405(b) and 410(b) of by fiscal year, budget line item and account, in this Act may be used for annual contracts Public Law 101–593, of the funds available to to the House and Senate Committees on Ap- and grants for which the performance period the Forest Service, up to $3,000,000 may be propriations. falls within 2 fiscal years, provided the total advanced in a lump sum to the National For- DEPARTMENT OF HEALTH AND HUMAN obligation is recorded in the year the funds est Foundation to aid conservation partner- SERVICES are appropriated: Provided further, That the ship projects in support of the Forest Service INDIAN HEALTH SERVICE amounts collected by the Secretary of mission, without regard to when the Founda- Health and Human Services under the au- tion incurs expenses, for projects on or bene- INDIAN HEALTH SERVICES thority of title IV of the Indian Health Care fitting National Forest System lands or re- For expenses necessary to carry out the Improvement Act shall remain available lated to Forest Service programs: Provided, Act of August 5, 1954 (68 Stat. 674), the Indian until expended for the purpose of achieving That of the Federal funds made available to Self-Determination and Education Assist- compliance with the applicable conditions the Foundation, no more than $300,000 shall ance Act, the Indian Health Care Improve- and requirements of titles XVIII and XIX of be available for administrative expenses: ment Act, and titles II and III of the Public the Social Security Act, except for those re- Provided further, That the Foundation shall Health Service Act with respect to the In- lated to the planning, design, or construc- obtain, by the end of the period of Federal fi- dian Health Service, $4,072,385,000, together tion of new facilities: Provided further, That nancial assistance, private contributions to with payments received during the fiscal funding contained herein for scholarship pro- match funds made available by the Forest year pursuant to sections 231(b) and 233 of grams under the Indian Health Care Im- Service on at least a one-for-one basis: Pro- the Public Health Service Act (42 U.S.C. provement Act shall remain available until vided further, That the Foundation may 238(b), 238b), for services furnished by the In- expended: Provided further, That amounts re- transfer Federal funds to a Federal or a non- dian Health Service: Provided, That funds ceived by tribes and tribal organizations Federal recipient for a project at the same made available to tribes and tribal organiza- under title IV of the Indian Health Care Im- rate that the recipient has obtained the non- tions through contracts, grant agreements, provement Act shall be reported and ac- Federal matching funds. or any other agreements or compacts au- counted for and available to the receiving Pursuant to section 2(b)(2) of Public Law thorized by the Indian Self-Determination tribes and tribal organizations until ex- 98–244, up to $3,000,000 of the funds available and Education Assistance Act of 1975 (25 pended: Provided further, That the Bureau of to the Forest Service may be advanced to U.S.C. 450), shall be deemed to be obligated Indian Affairs may collect from the Indian the National Fish and Wildlife Foundation in at the time of the grant or contract award Health Service, and from tribes and tribal a lump sum to aid cost-share conservation and thereafter shall remain available to the organizations operating health facilities pur- projects, without regard to when expenses tribe or tribal organization without fiscal suant to Public Law 93–638, such individually are incurred, on or benefitting National For- year limitation: Provided further, That identifiable health information relating to est System lands or related to Forest Service $2,000,000 shall be available for grants or con- disabled children as may be necessary for the programs: Provided, That such funds shall be tracts with public or private institutions to purpose of carrying out its functions under matched on at least a one-for-one basis by provide alcohol or drug treatment services to the Individuals with Disabilities Education the Foundation or its sub-recipients: Pro- Indians, including alcohol detoxification Act (20 U.S.C. 1400 et seq.): Provided further, vided further, That the Foundation may services: Provided further, That $964,819,000 That the accreditation emergency funds may transfer Federal funds to a Federal or non- for Purchased/Referred Care, including be used, as needed, to carry out activities Federal recipient for a project at the same $53,000,000 for the Indian Catastrophic Health typically funded under the Indian Health Fa- rate that the recipient has obtained the non- Emergency Fund, shall remain available cilities account. Federal matching funds. until expended: Provided further, That of the Funds appropriated to the Forest Service funds provided, up to $36,000,000 shall remain CONTRACT SUPPORT COSTS shall be available for interactions with and available until expended for implementation For payments to tribes and tribal organi- providing technical assistance to rural com- of the loan repayment program under section zations for contract support costs associated munities and natural resource-based busi- 108 of the Indian Health Care Improvement with Indian Self-Determination and Edu- nesses for sustainable rural development Act: Provided further, That of the funds pro- cation Assistance Act agreements with the purposes. vided, $15,000,000 shall remain available until Indian Health Service for fiscal year 2019, Funds appropriated to the Forest Service expended to supplement funds available for such sums as may be necessary: Provided, shall be available for payments to counties operational costs at tribal clinics operated That notwithstanding any other provision of within the Columbia River Gorge National under an Indian Self-Determination and Edu- law, no amounts made available under this Scenic Area, pursuant to section 14(c)(1) and cation Assistance Act compact or contract heading shall be available for transfer to an- (2), and section 16(a)(2) of Public Law 99–663. where health care is delivered in space ac- other budget account.

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INDIAN HEALTH FACILITIES 638: Provided further, That funds appropriated AGENCY FOR TOXIC SUBSTANCES AND DISEASE For construction, repair, maintenance, im- to the Indian Health Service in this Act, ex- REGISTRY provement, and equipment of health and re- cept those used for administrative and pro- TOXIC SUBSTANCES AND ENVIRONMENTAL lated auxiliary facilities, including quarters gram direction purposes, shall not be subject PUBLIC HEALTH for personnel; preparation of plans, specifica- to limitations directed at curtailing Federal For necessary expenses for the Agency for tions, and drawings; acquisition of sites, pur- travel and transportation: Provided further, Toxic Substances and Disease Registry chase and erection of modular buildings, and That none of the funds made available to the (ATSDR) in carrying out activities set forth purchases of trailers; and for provision of do- Indian Health Service in this Act shall be in sections 104(i) and 111(c)(4) of the Com- mestic and community sanitation facilities used for any assessments or charges by the prehensive Environmental Response, Com- for Indians, as authorized by section 7 of the Department of Health and Human Services pensation, and Liability Act of 1980 Act of August 5, 1954 (42 U.S.C. 2004a), the In- unless identified in the budget justification (CERCLA) and section 3019 of the Solid dian Self-Determination Act, and the Indian and provided in this Act, or approved by the Waste Disposal Act, $74,691,000: Provided, Health Care Improvement Act, and for ex- House and Senate Committees on Appropria- That notwithstanding any other provision of penses necessary to carry out such Acts and tions through the reprogramming process: law, in lieu of performing a health assess- titles II and III of the Public Health Service Provided further, That notwithstanding any ment under section 104(i)(6) of CERCLA, the Act with respect to environmental health other provision of law, funds previously or Administrator of ATSDR may conduct other and facilities support activities of the Indian herein made available to a tribe or tribal or- appropriate health studies, evaluations, or Health Service, $877,504,000, to remain avail- activities, including, without limitation, ganization through a contract, grant, or able until expended: Provided, That notwith- biomedical testing, clinical evaluations, agreement authorized by title I or title V of standing any other provision of law, funds medical monitoring, and referral to accred- the Indian Self-Determination and Edu- appropriated for the planning, design, con- ited healthcare providers: Provided further, cation Assistance Act of 1975 (25 U.S.C. 5321 struction, renovation or expansion of health That in performing any such health assess- facilities for the benefit of an Indian tribe or et seq. (title I), 5381 et seq. (title V)), may be ment or health study, evaluation, or activ- tribes may be used to purchase land on deobligated and reobligated to a self-deter- ity, the Administrator of ATSDR shall not which such facilities will be located: Provided mination contract under title I, or a self- be bound by the deadlines in section further, That not to exceed $500,000 may be governance agreement under title V of such 104(i)(6)(A) of CERCLA: Provided further, used by the Indian Health Service to pur- Act and thereafter shall remain available to That none of the funds appropriated under chase TRANSAM equipment from the De- the tribe or tribal organization without fis- this heading shall be available for ATSDR to partment of Defense for distribution to the cal year limitation: Provided further, That issue in excess of 40 toxicological profiles Indian Health Service and tribal facilities: none of the funds made available to the In- pursuant to section 104(i) of CERCLA during Provided further, That none of the funds ap- dian Health Service in this Act shall be used fiscal year 2019, and existing profiles may be propriated to the Indian Health Service may to implement the final rule published in the updated as necessary. be used for sanitation facilities construction Federal Register on September 16, 1987, by OTHER RELATED AGENCIES for new homes funded with grants by the the Department of Health and Human Serv- EXECUTIVE OFFICE OF THE PRESIDENT housing programs of the United States De- ices, relating to the eligibility for the health COUNCIL ON ENVIRONMENTAL QUALITY AND partment of Housing and Urban Develop- care services of the Indian Health Service OFFICE OF ENVIRONMENTAL QUALITY until the Indian Health Service has sub- ment: Provided further, That not to exceed For necessary expenses to continue func- $2,700,000 from this account and the ‘‘Indian mitted a budget request reflecting the in- tions assigned to the Council on Environ- Health Services’’ account may be used by the creased costs associated with the proposed mental Quality and Office of Environmental Indian Health Service to obtain ambulances final rule, and such request has been in- Quality pursuant to the National Environ- for the Indian Health Service and tribal fa- cluded in an appropriations Act and enacted mental Policy Act of 1969, the Environ- cilities in conjunction with an existing into law: Provided further, That with respect mental Quality Improvement Act of 1970, and interagency agreement between the Indian to functions transferred by the Indian Health Reorganization Plan No. 1 of 1977, and not to Health Service and the General Services Ad- Service to tribes or tribal organizations, the exceed $750 for official reception and rep- ministration: Provided further, That not to Indian Health Service is authorized to pro- resentation expenses, $3,005,000: Provided, exceed $500,000 may be placed in a Demoli- vide goods and services to those entities on That notwithstanding section 202 of the Na- tion Fund, to remain available until ex- a reimbursable basis, including payments in tional Environmental Policy Act of 1970, the pended, and be used by the Indian Health advance with subsequent adjustment, and Council shall consist of one member, ap- Service for the demolition of Federal build- the reimbursements received therefrom, pointed by the President, by and with the ad- ings. along with the funds received from those en- vice and consent of the Senate, serving as ADMINISTRATIVE PROVISIONS—INDIAN HEALTH tities pursuant to the Indian Self-Determina- chairman and exercising all powers, func- SERVICE tion Act, may be credited to the same or sub- tions, and duties of the Council. Appropriations provided in this Act to the sequent appropriation account from which CHEMICAL SAFETY AND HAZARD INVESTIGATION Indian Health Service shall be available for the funds were originally derived, with such BOARD services as authorized by 5 U.S.C. 3109 at amounts to remain available until expended: SALARIES AND EXPENSES rates not to exceed the per diem rate equiva- Provided further, That reimbursements for For necessary expenses in carrying out ac- lent to the maximum rate payable for senior- training, technical assistance, or services tivities pursuant to section 112(r)(6) of the level positions under 5 U.S.C. 5376; hire of provided by the Indian Health Service will Clean Air Act, including hire of passenger passenger motor vehicles and aircraft; pur- contain total costs, including direct, admin- vehicles, uniforms or allowances therefor, as chase of medical equipment; purchase of re- istrative, and overhead costs associated with authorized by 5 U.S.C. 5901–5902, and for serv- prints; purchase, renovation and erection of the provision of goods, services, or technical ices authorized by 5 U.S.C. 3109 but at rates modular buildings and renovation of existing assistance: Provided further, That the Indian for individuals not to exceed the per diem facilities; payments for telephone service in Health Service may provide to civilian med- equivalent to the maximum rate payable for private residences in the field, when author- ical personnel serving in hospitals operated senior level positions under 5 U.S.C. 5376, ized under regulations approved by the Sec- by the Indian Health Service housing allow- $11,000,000: Provided, That the Chemical Safe- retary of Health and Human Services; uni- ances equivalent to those that would be pro- ty and Hazard Investigation Board (Board) forms or allowances therefor as authorized vided to members of the Commissioned Corps shall have not more than three career Senior by 5 U.S.C. 5901–5902; and for expenses of at- of the United States Public Health Service Executive Service positions: Provided further, tendance at meetings that relate to the func- serving in similar positions at such hos- That notwithstanding any other provision of tions or activities of the Indian Health Serv- pitals: Provided further, That the appropria- law, the individual appointed to the position ice: Provided, That in accordance with the tion structure for the Indian Health Service of Inspector General of the Environmental provisions of the Indian Health Care Im- may not be altered without advance notifica- Protection Agency (EPA) shall, by virtue of provement Act, non-Indian patients may be tion to the House and Senate Committees on such appointment, also hold the position of extended health care at all tribally adminis- Appropriations. Inspector General of the Board: Provided fur- tered or Indian Health Service facilities, sub- ther, That notwithstanding any other provi- ject to charges, and the proceeds along with NATIONAL INSTITUTES OF HEALTH sion of law, the Inspector General of the funds recovered under the Federal Medical Board shall utilize personnel of the Office of NATIONAL INSTITUTE OF ENVIRONMENTAL Inspector General of EPA in performing the Care Recovery Act (42 U.S.C. 2651–2653) shall HEALTH SCIENCES be credited to the account of the facility pro- duties of the Inspector General of the Board, viding the service and shall be available For necessary expenses for the National In- and shall not appoint any individuals to po- without fiscal year limitation: Provided fur- stitute of Environmental Health Sciences in sitions within the Board. ther, That notwithstanding any other law or carrying out activities set forth in section OFFICE OF NAVAJO AND HOPI INDIAN regulation, funds transferred from the De- 311(a) of the Comprehensive Environmental RELOCATION partment of Housing and Urban Development Response, Compensation, and Liability Act SALARIES AND EXPENSES to the Indian Health Service shall be admin- of 1980 (42 U.S.C. 9660(a)) and section 126(g) of For necessary expenses of the Office of istered under Public Law 86–121, the Indian the Superfund Amendments and Reauthor- Navajo and Hopi Indian Relocation as au- Sanitation Facilities Act and Public Law 93– ization Act of 1986, $78,349,000. thorized by Public Law 93–531, $7,400,000, to

VerDate Sep 11 2014 03:28 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JY6.020 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE July 23, 2018 CONGRESSIONAL RECORD — SENATE S5147 remain available until expended: Provided, thorized by the Act of March 24, 1937 (50 Stat. of the Act, to remain available until ex- That funds provided in this or any other ap- 51), as amended by the public resolution of pended. propriations Act are to be used to relocate April 13, 1939 (Public Resolution 9, Seventy- NATIONAL ENDOWMENT FOR THE HUMANITIES eligible individuals and groups including sixth Congress), including services as author- GRANTS AND ADMINISTRATION evictees from District 6, Hopi-partitioned ized by 5 U.S.C. 3109; payment in advance For necessary expenses to carry out the lands residents, those in significantly sub- when authorized by the treasurer of the Gal- National Foundation on the Arts and the Hu- standard housing, and all others certified as lery for membership in library, museum, and manities Act of 1965, $155,000,000 to remain eligible and not included in the preceding art associations or societies whose publica- available until expended, of which categories: Provided further, That none of the tions or services are available to members $143,700,000 shall be available for support of funds contained in this or any other Act may only, or to members at a price lower than to activities in the humanities, pursuant to sec- be used by the Office of Navajo and Hopi In- the general public; purchase, repair, and tion 7(c) of the Act and for administering the dian Relocation to evict any single Navajo or cleaning of uniforms for guards, and uni- functions of the Act; and $11,300,000 shall be Navajo family who, as of November 30, 1985, forms, or allowances therefor, for other em- available to carry out the matching grants was physically domiciled on the lands parti- ployees as authorized by law (5 U.S.C. 5901– program pursuant to section 10(a)(2) of the tioned to the Hopi Tribe unless a new or re- 5902); purchase or rental of devices and serv- Act, including $9,100,000 for the purposes of placement home is provided for such house- ices for protecting buildings and contents section 7(h): Provided, That appropriations hold: Provided further, That no relocatee will thereof, and maintenance, alteration, im- for carrying out section 10(a)(2) shall be be provided with more than one new or re- provement, and repair of buildings, ap- available for obligation only in such placement home: Provided further, That the proaches, and grounds; and purchase of serv- amounts as may be equal to the total Office shall relocate any certified eligible ices for restoration and repair of works of amounts of gifts, bequests, devises of money, relocatees who have selected and received an art for the National Gallery of Art by con- and other property accepted by the chairman approved homesite on the Navajo reservation tracts made, without advertising, with indi- or by grantees of the National Endowment or selected a replacement residence off the viduals, firms, or organizations at such rates for the Humanities under the provisions of Navajo reservation or on the land acquired or prices and under such terms and condi- sections 11(a)(2)(B) and 11(a)(3)(B) during the pursuant to section 11 of Public Law 93–531 tions as the Gallery may deem proper, current and preceding fiscal years for which (88 Stat. 1716). $144,202,000, to remain available until Sep- equal amounts have not previously been ap- INSTITUTE OF AMERICAN INDIAN AND ALASKA tember 30, 2020, of which not to exceed propriated. $3,620,000 for the special exhibition program NATIVE CULTURE AND ARTS DEVELOPMENT ADMINISTRATIVE PROVISIONS shall remain available until expended. PAYMENT TO THE INSTITUTE None of the funds appropriated to the Na- For payment to the Institute of American REPAIR, RESTORATION AND RENOVATION OF tional Foundation on the Arts and the Hu- Indian and Alaska Native Culture and Arts BUILDINGS manities may be used to process any grant Development, as authorized by part A of For necessary expenses of repair, restora- or contract documents which do not include title XV of Public Law 99–498 (20 U.S.C. 4411 tion and renovation of buildings, grounds the text of 18 U.S.C. 1913: Provided, That none et seq.), $9,960,000, which shall become avail- and facilities owned or occupied by the Na- of the funds appropriated to the National able on July 1, 2019, and shall remain avail- tional Gallery of Art, by contract or other- Foundation on the Arts and the Humanities able until September 30, 2020. wise, for operating lease agreements of no may be used for official reception and rep- SMITHSONIAN INSTITUTION more than 10 years, with no extensions or re- resentation expenses: Provided further, That newals beyond the 10 years, that address funds from nonappropriated sources may be SALARIES AND EXPENSES space needs created by the ongoing renova- used as necessary for official reception and For necessary expenses of the Smithsonian tions in the Master Facilities Plan, as au- representation expenses: Provided further, Institution, as authorized by law, including thorized, $23,000,000, to remain available That the Chairperson of the National Endow- research in the fields of art, science, and his- until expended: Provided, That contracts ment for the Arts may approve grants of up tory; development, preservation, and docu- awarded for environmental systems, protec- to $10,000, if in the aggregate the amount of mentation of the National Collections; pres- tion systems, and exterior repair or renova- such grants does not exceed 5 percent of the entation of public exhibits and perform- tion of buildings of the National Gallery of sums appropriated for grantmaking purposes ances; collection, preparation, dissemina- Art may be negotiated with selected contrac- per year: Provided further, That such small tion, and exchange of information and publi- tors and awarded on the basis of contractor grant actions are taken pursuant to the cations; conduct of education, training, and qualifications as well as price. terms of an expressed and direct delegation museum assistance programs; maintenance, JOHN F. KENNEDY CENTER FOR THE of authority from the National Council on alteration, operation, lease agreements of no PERFORMING ARTS the Arts to the Chairperson. more than 30 years, and protection of build- COMMISSION OF FINE ARTS ings, facilities, and approaches; not to exceed OPERATIONS AND MAINTENANCE $100,000 for services as authorized by 5 U.S.C. For necessary expenses for the operation, SALARIES AND EXPENSES 3109; and purchase, rental, repair, and clean- maintenance and security of the John F. For expenses of the Commission of Fine ing of uniforms for employees, $739,894,000, to Kennedy Center for the Performing Arts, Arts under chapter 91 of title 40, United remain available until September 30, 2020, $24,490,000. States Code, $2,771,000: Provided, That the except as otherwise provided herein; of which CAPITAL REPAIR AND RESTORATION Commission is authorized to charge fees to cover the full costs of its publications, and not to exceed $6,917,000 for the instrumenta- For necessary expenses for capital repair such fees shall be credited to this account as tion program, collections acquisition, exhi- and restoration of the existing features of an offsetting collection, to remain available bition reinstallation, and the repatriation of the building and site of the John F. Kennedy until expended without further appropria- skeletal remains program shall remain avail- Center for the Performing Arts, $16,800,000, tion: Provided further, That the Commission able until expended; and including such to remain available until expended. funds as may be necessary to support Amer- is authorized to accept gifts, including ob- ican overseas research centers: Provided, WOODROW WILSON INTERNATIONAL CENTER FOR jects, papers, artwork, drawings and arti- That funds appropriated herein are available SCHOLARS facts, that pertain to the history and design for advance payments to independent con- SALARIES AND EXPENSES of the Nation’s Capital or the history and ac- tractors performing research services or par- For expenses necessary in carrying out the tivities of the Commission of Fine Arts, for ticipating in official Smithsonian presen- provisions of the Woodrow Wilson Memorial the purpose of artistic display, study, or edu- tations. Act of 1968 (82 Stat. 1356) including hire of cation: Provided further, That one-tenth of FACILITIES CAPITAL passenger vehicles and services as authorized one percent of the funds provided under this heading may be used for official reception For necessary expenses of repair, revital- by 5 U.S.C. 3109, $12,000,000, to remain avail- and representation expenses. ization, and alteration of facilities owned or able until September 30, 2020. NATIONAL CAPITAL ARTS AND CULTURAL occupied by the Smithsonian Institution, by NATIONAL FOUNDATION ON THE ARTS AND THE AFFAIRS contract or otherwise, as authorized by sec- HUMANITIES For necessary expenses as authorized by tion 2 of the Act of August 22, 1949 (63 Stat. NATIONAL ENDOWMENT FOR THE ARTS 623), and for construction, including nec- Public Law 99–190 (20 U.S.C. 956a), $2,750,000. GRANTS AND ADMINISTRATION essary personnel, $303,503,000, to remain ADVISORY COUNCIL ON HISTORIC available until expended, of which not to ex- For necessary expenses to carry out the PRESERVATION National Foundation on the Arts and the Hu- ceed $10,000 shall be for services as author- SALARIES AND EXPENSES manities Act of 1965, $155,000,000 shall be ized by 5 U.S.C. 3109. For necessary expenses of the Advisory available to the National Endowment for the Council on Historic Preservation (Public NATIONAL GALLERY OF ART Arts for the support of projects and produc- Law 89–665), $6,440,000. SALARIES AND EXPENSES tions in the arts, including arts education For the upkeep and operations of the Na- and public outreach activities, through as- NATIONAL CAPITAL PLANNING COMMISSION tional Gallery of Art, the protection and sistance to organizations and individuals SALARIES AND EXPENSES care of the works of art therein, and admin- pursuant to section 5 of the Act, for program For necessary expenses of the National istrative expenses incident thereto, as au- support, and for administering the functions Capital Planning Commission under chapter

VerDate Sep 11 2014 03:28 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JY6.020 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE S5148 CONGRESSIONAL RECORD — SENATE July 23, 2018 87 of title 40, United States Code, including of Representatives and the Senate. Changes out revision of the plan for a unit of the Na- services as authorized by 5 U.S.C. 3109, to such estimates shall be presented to the tional Forest System. Nothing in this sec- $7,948,000: Provided, That one-quarter of 1 Committees on Appropriations for approval. tion exempts the Secretary from any other percent of the funds provided under this MINING APPLICATIONS requirement of the Forest and Rangeland Re- heading may be used for official reception SEC. 404. (a) LIMITATION OF FUNDS.—None of newable Resources Planning Act (16 U.S.C. and representational expenses associated the funds appropriated or otherwise made 1600 et seq.) or any other law: Provided, That with hosting international visitors engaged available pursuant to this Act shall be obli- if the Secretary is not acting expeditiously in the planning and physical development of gated or expended to accept or process appli- and in good faith, within the funding avail- world capitals. cations for a patent for any mining or mill able, to revise a plan for a unit of the Na- UNITED STATES HOLOCAUST MEMORIAL site claim located under the general mining tional Forest System, this section shall be MUSEUM laws. void with respect to such plan and a court of proper jurisdiction may order completion of HOLOCAUST MEMORIAL MUSEUM (b) EXCEPTIONS.—Subsection (a) shall not the plan on an accelerated basis. For expenses of the Holocaust Memorial apply if the Secretary of the Interior deter- Museum, as authorized by Public Law 106–292 mines that, for the claim concerned (1) a pat- PROHIBITION WITHIN NATIONAL MONUMENTS (36 U.S.C. 2301–2310), $59,500,000, of which ent application was filed with the Secretary SEC. 408. No funds provided in this Act may $1,715,000 shall remain available until Sep- on or before September 30, 1994; and (2) all re- be expended to conduct preleasing, leasing tember 30, 2021, for the Museum’s equipment quirements established under sections 2325 and related activities under either the Min- replacement program; and of which $4,000,000 and 2326 of the Revised Statutes (30 U.S.C. 29 eral Leasing Act (30 U.S.C. 181 et seq.) or the for the Museum’s repair and rehabilitation and 30) for vein or lode claims, sections 2329, Outer Continental Shelf Lands Act (43 U.S.C. program and $1,500,000 for the Museum’s out- 2330, 2331, and 2333 of the Revised Statutes (30 1331 et seq.) within the boundaries of a Na- reach initiatives program shall remain avail- U.S.C. 35, 36, and 37) for placer claims, and tional Monument established pursuant to able until expended. section 2337 of the Revised Statutes (30 the Act of June 8, 1906 (16 U.S.C. 431 et seq.) U.S.C. 42) for mill site claims, as the case as such boundary existed on January 20, 2001, DWIGHT D. EISENHOWER MEMORIAL may be, were fully complied with by the ap- COMMISSION except where such activities are allowed plicant by that date. under the Presidential proclamation estab- SALARIES AND EXPENSES (c) REPORT.—On September 30, 2020, the lishing such monument. For necessary expenses of the Dwight D. Secretary of the Interior shall file with the Eisenhower Memorial Commission, $1,800,000, House and Senate Committees on Appropria- LIMITATION ON TAKINGS to remain available until expended. tions and the Committee on Natural Re- SEC. 409. Unless otherwise provided herein, WOMEN’S SUFFRAGE CENTENNIAL COMMISSION sources of the House and the Committee on no funds appropriated in this Act for the ac- Energy and Natural Resources of the Senate quisition of lands or interests in lands may For necessary expenses for the Women’s a report on actions taken by the Department be expended for the filing of declarations of Suffrage Centennial Commission, as author- under the plan submitted pursuant to sec- taking or complaints in condemnation with- ized by the Women’s Suffrage Centennial tion 314(c) of the Department of the Interior out the approval of the House and Senate Commission Act (section 431(a)(3) of division and Related Agencies Appropriations Act, Committees on Appropriations: Provided, G of Public Law 115–31), $1,000,000, to remain 1997 (Public Law 104–208). That this provision shall not apply to funds available until expended. (d) MINERAL EXAMINATIONS.—In order to appropriated to implement the Everglades WORLD WAR I CENTENNIAL COMMISSION process patent applications in a timely and National Park Protection and Expansion Act SALARIES AND EXPENSES responsible manner, upon the request of a of 1989, or to funds appropriated for Federal Notwithstanding section 9 of the World patent applicant, the Secretary of the Inte- assistance to the State of Florida to acquire War I Centennial Commission Act, as au- rior shall allow the applicant to fund a quali- lands for Everglades restoration purposes. thorized by the World War I Centennial Com- fied third-party contractor to be selected by TIMBER SALE REQUIREMENTS mission Act (Public Law 112–272) and the the Director of the Bureau of Land Manage- ment to conduct a mineral examination of SEC. 410. No timber sale in Alaska’s Region Carl Levin and Howard P. ‘‘Buck’’ McKeon 10 shall be advertised if the indicated rate is National Defense Authorization Act for Fis- the mining claims or mill sites contained in a patent application as set forth in sub- deficit (defined as the value of the timber is cal Year 2015 (Public Law 113–291), for nec- not sufficient to cover all logging and stump- essary expenses of the World War I Centen- section (b). The Bureau of Land Management shall have the sole responsibility to choose age costs and provide a normal profit and nial Commission, $7,000,000, to remain avail- risk allowance under the Forest Service’s ap- able until expended: Provided, That in addi- and pay the third-party contractor in accordance with the standard procedures em- praisal process) when appraised using a re- tion to the authority provided by section 6(g) sidual value appraisal. The western red cedar of such Act, the World War I Commission ployed by the Bureau of Land Management in the retention of third-party contractors. timber from those sales which is surplus to may accept money, in-kind personnel serv- the needs of the domestic processors in Alas- ices, contractual support, or any appropriate CONTRACT SUPPORT COSTS, PRIOR YEAR ka, shall be made available to domestic proc- support from any executive branch agency LIMITATION essors in the contiguous 48 United States at for activities of the Commission. SEC. 405. Sections 405 and 406 of division F prevailing domestic prices. All additional TITLE IV of the Consolidated and Further Continuing western red cedar volume not sold to Alaska GENERAL PROVISIONS Appropriations Act, 2015 (Public Law 113–235) or contiguous 48 United States domestic shall continue in effect in fiscal year 2019. (INCLUDING TRANSFERS OF FUNDS) processors may be exported to foreign mar- CONTRACT SUPPORT COSTS, FISCAL YEAR 2019 kets at the election of the timber sale hold- RESTRICTION ON USE OF FUNDS LIMITATION er. All Alaska yellow cedar may be sold at SEC. 401. No part of any appropriation con- SEC. 406. Amounts provided by this Act for prevailing export prices at the election of tained in this Act shall be available for any fiscal year 2019 under the headings ‘‘Depart- the timber sale holder. activity or the publication or distribution of ment of Health and Human Services, Indian literature that in any way tends to promote PROHIBITION ON NO-BID CONTRACTS Health Service, Contract Support Costs’’ and public support or opposition to any legisla- SEC. 411. None of the funds appropriated or ‘‘Department of the Interior, Bureau of In- tive proposal on which Congressional action otherwise made available by this Act to ex- dian Affairs and Bureau of Indian Education, is not complete other than to communicate ecutive branch agencies may be used to enter Contract Support Costs’’ are the only to Members of Congress as described in 18 into any Federal contract unless such con- amounts available for contract support costs U.S.C. 1913. tract is entered into in accordance with the arising out of self-determination or self-gov- OBLIGATION OF APPROPRIATIONS requirements of Chapter 33 of title 41, United ernance contracts, grants, compacts, or an- States Code, or Chapter 137 of title 10, United SEC. 402. No part of any appropriation con- nual funding agreements for fiscal year 2019 States Code, and the Federal Acquisition tained in this Act shall remain available for with the Bureau of Indian Affairs or the In- Regulation, unless— obligation beyond the current fiscal year un- dian Health Service: Provided, That such (1) Federal law specifically authorizes a less expressly so provided herein. amounts provided by this Act are not avail- contract to be entered into without regard DISCLOSURE OF ADMINISTRATIVE EXPENSES able for payment of claims for contract sup- for these requirements, including formula port costs for prior years, or for repayments SEC. 403. The amount and basis of esti- grants for States, or federally recognized In- mated overhead charges, deductions, re- of payments for settlements or judgments dian tribes; or serves or holdbacks, including working cap- awarding contract support costs for prior (2) such contract is authorized by the In- ital fund and cost pool charges, from pro- years. dian Self-Determination and Education As- grams, projects, activities and subactivities FOREST MANAGEMENT PLANS sistance Act (Public Law 93–638, 25 U.S.C. 450 to support government-wide, departmental, SEC. 407. The Secretary of Agriculture et seq.) or by any other Federal laws that agency, or bureau administrative functions shall not be considered to be in violation of specifically authorize a contract within an or headquarters, regional, or central oper- subparagraph 6(f)(5)(A) of the Forest and Indian tribe as defined in section 4(e) of that ations shall be presented in annual budget Rangeland Renewable Resources Planning Act (25 U.S.C. 450b(e)); or justifications and subject to approval by the Act of 1974 (16 U.S.C. 1604(f)(5)(A)) solely be- (3) such contract was awarded prior to the Committees on Appropriations of the House cause more than 15 years have passed with- date of enactment of this Act.

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POSTING OF REPORTS shops, or programs that are of national im- USE OF AMERICAN IRON AND STEEL SEC. 412. (a) Any agency receiving funds pact or availability or are able to tour sev- SEC. 423. (a)(1) None of the funds made made available in this Act, shall, subject to eral States; available by a State water pollution control subsections (b) and (c), post on the public (2) the Chairperson shall not make grants revolving fund as authorized by section 1452 website of that agency any report required exceeding 15 percent, in the aggregate, of of the Safe Drinking Water Act (42 U.S.C. to be submitted by the Congress in this or such funds to any single State, excluding 300j–12) shall be used for a project for the any other Act, upon the determination by grants made under the authority of para- construction, alteration, maintenance, or re- the head of the agency that it shall serve the graph (1); pair of a public water system or treatment national interest. (3) the Chairperson shall report to the Con- works unless all of the iron and steel prod- (b) Subsection (a) shall not apply to a re- gress annually and by State, on grants ucts used in the project are produced in the port if— awarded by the Chairperson in each grant United States. (1) the public posting of the report com- category under section 5 of such Act; and (2) In this section, the term ‘‘iron and promises national security; or (4) the Chairperson shall encourage the use steel’’ products means the following products (2) the report contains proprietary infor- of grants to improve and support commu- made primarily of iron or steel: lined or un- mation. nity-based music performance and edu- lined pipes and fittings, manhole covers and (c) The head of the agency posting such re- cation. other municipal castings, hydrants, tanks, port shall do so only after such report has STATUS OF BALANCES OF APPROPRIATIONS flanges, pipe clamps and restraints, valves, been made available to the requesting Com- structural steel, reinforced precast concrete, SEC. 415. The Department of the Interior, mittee or Committees of Congress for no less and construction materials. the Environmental Protection Agency, the than 45 days. (b) Subsection (a) shall not apply in any Forest Service, and the Indian Health Serv- case or category of cases in which the Ad- NATIONAL ENDOWMENT FOR THE ARTS GRANT ice shall provide the Committees on Appro- ministrator of the Environmental Protection GUIDELINES priations of the House of Representatives Agency (in this section referred to as the SEC. 413. Of the funds provided to the Na- and Senate quarterly reports on the status of ‘‘Administrator’’) finds that— tional Endowment for the Arts— balances of appropriations including all un- (1) applying subsection (a) would be incon- (1) The Chairperson shall only award a committed, committed, and unobligated sistent with the public interest; grant to an individual if such grant is award- funds in each program and activity. (2) iron and steel products are not produced ed to such individual for a literature fellow- PROHIBITION ON USE OF FUNDS ship, National Heritage Fellowship, or Amer- in the United States in sufficient and reason- SEC. 416. Notwithstanding any other provi- ican Jazz Masters Fellowship. ably available quantities and of a satisfac- sion of law, none of the funds made available (2) The Chairperson shall establish proce- tory quality; or in this Act or any other Act may be used to dures to ensure that no funding provided (3) inclusion of iron and steel products pro- promulgate or implement any regulation re- through a grant, except a grant made to a duced in the United States will increase the quiring the issuance of permits under title V State or local arts agency, or regional group, cost of the overall project by more than 25 of the Clean Air Act (42 U.S.C. 7661 et seq.) may be used to make a grant to any other percent. for carbon dioxide, nitrous oxide, water (c) If the Administrator receives a request organization or individual to conduct activ- vapor, or methane emissions resulting from for a waiver under this section, the Adminis- ity independent of the direct grant recipient. biological processes associated with live- trator shall make available to the public on Nothing in this subsection shall prohibit stock production. an informal basis a copy of the request and payments made in exchange for goods and information available to the Administrator services. GREENHOUSE GAS REPORTING RESTRICTIONS concerning the request, and shall allow for (3) No grant shall be used for seasonal sup- SEC. 417. Notwithstanding any other provi- informal public input on the request for at port to a group, unless the application is spe- sion of law, none of the funds made available least 15 days prior to making a finding based cific to the contents of the season, including in this or any other Act may be used to im- on the request. The Administrator shall identified programs or projects. plement any provision in a rule, if that pro- make the request and accompanying infor- vision requires mandatory reporting of NATIONAL ENDOWMENT FOR THE ARTS PROGRAM mation available by electronic means, in- greenhouse gas emissions from manure man- PRIORITIES cluding on the official public Internet Web agement systems. SEC. 414. (a) In providing services or award- site of the Environmental Protection Agen- ing financial assistance under the National FUNDING PROHIBITION cy. Foundation on the Arts and the Humanities SEC. 418. None of the funds made available (d) This section shall be applied in a man- Act of 1965 from funds appropriated under by this or any other Act may be used to reg- ner consistent with United States obliga- this Act, the Chairperson of the National En- ulate the lead content of ammunition, am- tions under international agreements. dowment for the Arts shall ensure that pri- munition components, or fishing tackle (e) The Administrator may retain up to ority is given to providing services or award- under the Toxic Substances Control Act (15 0.25 percent of the funds appropriated in this ing financial assistance for projects, produc- U.S.C. 2601 et seq.) or any other law. Act for the Clean and Drinking Water State tions, workshops, or programs that serve un- CONTRACTING AUTHORITIES Revolving Funds for carrying out the provi- derserved populations. sions described in subsection (a)(1) for man- SEC. 419. Section 412 of Division E of Public (b) In this section: agement and oversight of the requirements Law 112–74 is amended by striking ‘‘fiscal (1) The term ‘‘underserved population’’ of this section. year 2019’’ and inserting ‘‘fiscal year 2020’’. means a population of individuals, including MIDWAY ISLAND urban minorities, who have historically been EXTENSION OF GRAZING PERMITS SEC. 424. None of the funds made available outside the purview of arts and humanities SEC. 420. The terms and conditions of sec- by this Act may be used to destroy any programs due to factors such as a high inci- tion 325 of Public Law 108–108 (117 Stat. 1307), buildings or structures on Midway Island dence of income below the poverty line or to regarding grazing permits issued by the For- that have been recommended by the United geographic isolation. est Service on any lands not subject to ad- States Navy for inclusion in the National (2) The term ‘‘poverty line’’ means the pov- ministration under section 402 of the Federal Register of Historic Places (54 U.S.C. 302101). erty line (as defined by the Office of Manage- Lands Policy and Management Act (43 U.S.C. JOHN F. KENNEDY CENTER REAUTHORIZATION ment and Budget, and revised annually in ac- 1752), shall remain in effect for fiscal year cordance with section 673(2) of the Commu- 2019. SEC. 425. Section 13 of the John F. Kennedy Center Act (20 U.S.C. 76r) is amended by nity Services Block Grant Act (42 U.S.C. FUNDING PROHIBITION 9902(2))) applicable to a family of the size in- striking subsections (a) and (b) and inserting SEC. 421. (a) None of the funds made avail- the following: volved. able in this Act may be used to maintain or (c) In providing services and awarding fi- ‘‘(a) MAINTENANCE, REPAIR, AND SECU- establish a computer network unless such nancial assistance under the National Foun- RITY.—There is authorized to be appropriated network is designed to block access to por- dation on the Arts and Humanities Act of to the Board to carry out section 4(a)(1)(H), nography websites. 1965 with funds appropriated by this Act, the $24,490,000 for fiscal year 2019. (b) Nothing in subsection (a) shall limit Chairperson of the National Endowment for ‘‘(b) CAPITAL PROJECTS.—There is author- the use of funds necessary for any Federal, the Arts shall ensure that priority is given ized to be appropriated to the Board to carry State, tribal, or local law enforcement agen- to providing services or awarding financial out subparagraphs (F) and (G) of section cy or any other entity carrying out criminal assistance for projects, productions, work- 4(a)(1), $16,800,000 for fiscal year 2019.’’. investigations, prosecution, or adjudication shops, or programs that will encourage pub- LOCAL COOPERATOR TRAINING AGREEMENTS AND activities. lic knowledge, education, understanding, and TRANSFERS OF EXCESS EQUIPMENT AND SUP- appreciation of the arts. FOREST SERVICE FACILITY REALIGNMENT AND PLIES FOR WILDFIRES (d) With funds appropriated by this Act to ENHANCEMENT ACT SEC. 426. The Secretary of the Interior is carry out section 5 of the National Founda- SEC. 422. Section 503(f) of the Forest Serv- authorized to enter into grants and cooperation on the Arts and Humanities Act of ice Facility Realignment and Enhancement tive agreements with volunteer fire depart- 1965— Act of 2005 (16 U.S.C. 580d note; Public Law ments, rural fire departments, rangeland fire (1) the Chairperson shall establish a grant 109–54) is amended by striking ‘‘2018’’ and in- protection associations, and similar organi- category for projects, productions, work- serting ‘‘2019’’. zations to provide for wildland fire training

VerDate Sep 11 2014 03:28 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JY6.020 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE S5150 CONGRESSIONAL RECORD — SENATE July 23, 2018 and equipment, including supplies and com- (2) establish clear and simple policies for lamic Republic of Iran, the Democratic Peo- munication devices. Notwithstanding 121(c) the use of forest biomass as an energy solu- ple’s Republic of Korea, or the Russian Fed- of title 40, United States Code, or section 521 tion, including policies that— eration. of title 40, United States Code, the Secretary (A) reflect the carbon-neutrality of forest (b) None of the funds appropriated or oth- is further authorized to transfer title to ex- bioenergy and recognize biomass as a renew- erwise made available under this Act may be cess Department of the Interior firefighting able energy source, provided the use of forest used to acquire a high-impact or moderate equipment no longer needed to carry out the biomass for energy production does not impact information system reviewed and as- functions of the Department’s wildland fire cause conversion of forests to non-forest use; sessed under subsection (a) unless the head management program to such organizations. (B) encourage private investment through- of the assessing entity described in sub- INFRASTRUCTURE out the forest biomass supply chain, includ- section (a) has— SEC. 427. (a) For an additional amount for ing in— (1) developed, in consultation with NIST ‘‘Environmental Protection Agency—Haz- (i) working forests; and supply chain risk management experts, a ardous Substance Superfund’’, $43,000,000, of (ii) harvesting operations; mitigation strategy for any identified risks; which $38,000,000 shall be for the Superfund (iii) forest improvement operations; (2) determined, in consultation with NIST Remedial program and $5,000,000 shall be for (iv) forest bioenergy production; and the Federal Bureau of Investigation, the Superfund Emergency Response and Re- (v) wood products manufacturing; or that the acquisition of such system is in the moval program, to remain available until ex- (vi) paper manufacturing; vital national security interest of the United pended, consisting of such sums as are avail- (C) encourage forest management to im- States; and able in the Trust Fund on September 30, 2018, prove forest health; and (3) reported that determination to the as authorized by section 517(a) of the Super- (D) recognize State initiatives to produce Committees on Appropriations of the House fund Amendments and Reauthorization Act and use forest biomass. of Representatives and the Senate in a man- of 1986 (SARA) and up to $43,000,000 as a pay- CLARIFICATION OF EXEMPTIONS ner that identifies the system intended for ment from general revenues to the Haz- acquisition and a detailed description of the SEC. 429. None of the funds made available ardous Substance Superfund for purposes as mitigation strategies identified in (1), pro- in this Act may be used to require a permit authorized by section 517(b) of SARA. vided that such report may include a classi- for the discharge of dredged or fill material (b) For an additional amount for ‘‘Environ- fied annex as necessary. under the Federal Water Pollution Control mental Protection Agency—State and Tribal This division may be cited as the ‘‘Depart- Act (33 U.S.C. 1251 et seq.) for the activities Assistance Grants,’’ for environmental pro- ment of the Interior, Environment, and Re- identified in subparagraphs (A) and (C) of grams and infrastructure assistance, includ- lated Agencies Appropriations Act, 2019’’. ing capitalization grants for State revolving section 404(f)(1) of the Act (33 U.S.C. funds and performance partnership grants, 1344(f)(1)(A), (C)). DIVISION B—FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIA- $670,000,000 to remain available until ex- SMALL REMOTE INCINERATORS pended, of which— TIONS ACT, 2019 SEC. 430. None of the funds made available (1) $300,000,000 shall be for making capital- That the following sums are appropriated, in this Act may be used to implement or en- out of any money in the Treasury not other- ization grants for the Clean Water State Re- force the regulation issued on March 21, 2011 volving Funds under title VI of the Federal wise appropriated, for financial services and at 40 CFR part 60 subparts CCCC and DDDD general government for the fiscal year end- Water Pollution Control Act; and of which with respect to units in the State of Alaska $300,000,000 shall be for making capitalization ing September 30, 2019, and for other pur- that are defined as ‘‘small, remote inciner- poses, namely: grants for the Drinking Water State Revolv- ator’’ units in those regulations and, until a ing Funds under section 1452 of the Safe subsequent regulation is issued, the Admin- TITLE I Drinking Water Act; istrator shall implement the law and regula- DEPARTMENT OF THE TREASURY (2) $30,000,000 shall be for grants for small tions in effect prior to such date. DEPARTMENTAL OFFICES and disadvantaged communities authorized in section 2104 of the Water Infrastructure RECREATION FEES SALARIES AND EXPENSES Improvements for the Nation Act (Public SEC. 431. Section 810 of the Federal Lands For necessary expenses of the Depart- Law 114–322); Recreation Enhancement Act (16 U.S.C. 6809) mental Offices including operation and (3) $25,000,000 shall be for grants for lead shall be applied by substituting ‘‘October 1, maintenance of the Treasury Building and testing in school and child care program 2020’’ for ‘‘September 30, 2019’’. Freedman’s Bank Building; hire of passenger drinking water authorized in section 2107 of SEC. 432. (a) None of the funds appropriated motor vehicles; maintenance, repairs, and the Water Infrastructure Improvements for or otherwise made available under this Act improvements of, and purchase of commer- the Nation Act (Public Law 114–322); may be used by the Department of the Inte- cial insurance policies for, real properties (4) $15,000,000 shall be for grants for reduc- rior, the Environmental Protection Agency, leased or owned overseas, when necessary for ing lead in drinking water authorized in sec- the Forest Service, the Indian Health Serv- the performance of official business; execution 2105 of the Water Infrastructure Im- ice, or the Smithsonian Institution to active direction program activities; inter- provements for the Nation Act (Public Law quire telecommunications equipment pro- national affairs and economic policy activi- 114–322). duced by Huawei Technologies Company, ties; domestic finance and tax policy activi- (c) For an additional amount for ‘‘Environ- ZTE Corporation or a high-impact or mod- ties, including technical assistance to Puerto mental Protection Agency—Water Infra- erate-impact information system, as defined Rico; and Treasury-wide management poli- structure Finance and Innovation Program for security categorization in the National cies and programs activities, $208,751,000: Account’’, $53,000,000, to remain available Institute of Standards and Technology’s Provided, That of the amount appropriated until expended, for the cost of direct loans, (NIST) Federal Information Processing under this heading— for the cost of guaranteed loans, and for ad- Standard Publication 199, ‘‘Standards for Se- (1) not to exceed $700,000 is for official re- ministrative expenses to carry out the direct curity Categorization of Federal Information ception and representation expenses, of and guaranteed loan programs, of which and Information Systems’’ unless the agency which necessary amounts shall be available $3,000,000, to remain available until Sep- has— for expenses to support activities of the Fi- tember 30, 2020, may be used for such admin- (1) reviewed the supply chain risk for the nancial Action Task Force, and not to ex- istrative expenses: Provided, That these addi- information systems against criteria devel- ceed $350,000 shall be for other official recep- tional funds are available to subsidize gross oped by NIST to inform acquisition decisions tion and representation expenses; obligations for the principal amount of di- for high-impact and moderate-impact infor- (2) not to exceed $258,000 is for unforeseen rect loans, including capitalized interest, mation systems within the Federal Govern- emergencies of a confidential nature to be and total loan principal, including capital- ment; allocated and expended under the direction ized interest, any part of which is to be guar- (2) reviewed the supply chain risk from the of the Secretary of the Treasury and to be anteed, not to exceed $6,100,000,000. presumptive awardee against available and accounted for solely on the Secretary’s cer- POLICIES RELATING TO BIOMASS ENERGY relevant threat information provided by the tificate; and SEC. 428. To support the key role that for- Federal Bureau of Investigation and other (3) not to exceed $24,000,000 shall remain ests in the United States can play in address- appropriate agencies; and available until September 30, 2020, for— ing the energy needs of the United States, (3) in consultation with the Federal Bureau (A) the Treasury-wide Financial Statement the Secretary of Energy, the Secretary of of Investigation or other appropriate Federal Audit and Internal Control Program; Agriculture, and the Administrator of the entity, conducted an assessment of any risk (B) information technology modernization Environmental Protection Agency shall, of cyber-espionage or sabotage associated requirements; consistent with their missions, jointly— with the acquisition of such system, includ- (C) the audit, oversight, and administra- (1) ensure that Federal policy relating to ing any risk associated with such system tion of the Gulf Coast Restoration Trust forest bioenergy— being produced, manufactured, or assembled Fund; (A) is consistent across all Federal depart- by one or more entities identified by the (D) the development and implementation ments and agencies; and United States Government as posing a cyber of programs within the Office of Critical In- (B) recognizes the full benefits of the use of threat, including but not limited to, those frastructure Protection and Compliance Pol- forest biomass for energy, conservation, and that may be owned, directed, or subsidized icy, including entering into cooperative responsible forest management; and by the People’s Republic of China, the Is- agreements;

VerDate Sep 11 2014 03:28 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JY6.020 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE July 23, 2018 CONGRESSIONAL RECORD — SENATE S5151 (E) operations and maintenance of facili- Economies of the Gulf Coast States Act of $5,000,000, to remain available until Sep- ties; and 2012 (33 U.S.C. 1321 note); and of which not to tember 30, 2020. (F) international operations. exceed $1,000 shall be available for official re- UNITED STATES MINT OFFICE OF TERRORISM AND FINANCIAL ception and representation expenses. UNITED STATES MINT PUBLIC ENTERPRISE FUND INTELLIGENCE TREASURY INSPECTOR GENERAL FOR TAX Pursuant to section 5136 of title 31, United SALARIES AND EXPENSES ADMINISTRATION States Code, the United States Mint is pro- For the necessary expenses of the Office of SALARIES AND EXPENSES vided funding through the United States Terrorism and Financial Intelligence to safe- For necessary expenses of the Treasury In- Mint Public Enterprise Fund for costs asso- guard the financial system against illicit use spector General for Tax Administration in ciated with the production of circulating and to combat rogue nations, terrorist carrying out the Inspector General Act of coins, numismatic coins, and protective facilitators, weapons of mass destruction 1978, as amended, including purchase and services, including both operating expenses proliferators, money launderers, drug king- hire of passenger motor vehicles (31 U.S.C. and capital investments: Provided, That the pins, and other national security threats, 1343(b)); and services authorized by 5 U.S.C. aggregate amount of new liabilities and obli- $159,000,000: Provided, That of the amount ap- 3109, at such rates as may be determined by gations incurred during fiscal year 2019 under such section 5136 for circulating coin- propriated under this heading: (1) up to the Inspector General for Tax Administra- age and protective service capital invest- $33,500,000 may be transferred to the Depart- tion; $169,634,000, of which $5,000,000 shall re- ments of the United States Mint shall not mental Offices Salaries and Expenses appro- main available until September 30, 2020; of exceed $30,000,000. priation and shall be available for adminis- which not to exceed $6,000,000 shall be avail- trative support to the Office of Terrorism able for official travel expenses; of which not COMMUNITY DEVELOPMENT FINANCIAL and Financial Intelligence; and (2) up to to exceed $500,000 shall be available for un- INSTITUTIONS FUND PROGRAM ACCOUNT $10,000,000 shall remain available until Sep- foreseen emergencies of a confidential na- To carry out the Riegle Community Devel- tember 30, 2020. ture, to be allocated and expended under the opment and Regulatory Improvements Act of 1994 (subtitle A of title I of Public Law 103– CYBERSECURITY ENHANCEMENT ACCOUNT direction of the Inspector General for Tax Administration; and of which not to exceed 325), including services authorized by section For salaries and expenses for enhanced cy- 3109 of title 5, United States Code, but at bersecurity for systems operated by the De- $1,500 shall be available for official reception and representation expenses. rates for individuals not to exceed the per partment of the Treasury, $25,208,000, to re- diem rate equivalent to the rate for EX–3, main available until September 30, 2021: Pro- SPECIAL INSPECTOR GENERAL FOR THE $250,000,000. Of the amount appropriated vided, That such funds shall supplement and TROUBLED ASSET RELIEF PROGRAM under this heading— not supplant any other amounts made avail- SALARIES AND EXPENSES (1) not less than $182,000,000, notwith- able to the Treasury offices and bureaus for For necessary expenses of the Office of the standing section 108(e) of Public Law 103–325 cybersecurity: Provided further, That the Special Inspector General in carrying out (12 U.S.C. 4707(e)) with regard to Small and/ Chief Information Officer of the individual the provisions of the Emergency Economic or Emerging Community Development Fi- offices and bureaus shall submit a spend plan Stabilization Act of 2008 (Public Law 110– nancial Institutions Assistance awards, is for each investment to the Treasury Chief 343), $17,500,000. available until September 30, 2020, for finan- Information Officer for approval: Provided FINANCIAL CRIMES ENFORCEMENT NETWORK cial assistance and technical assistance further, That the submitted spend plan shall under subparagraphs (A) and (B) of section SALARIES AND EXPENSES be reviewed and approved by the Treasury 108(a)(1), respectively, of Public Law 103–325 Chief Information Officer prior to the obliga- For necessary expenses of the Financial (12 U.S.C. 4707(a)(1)(A) and (B)), of which up tion of funds under this heading: Provided Crimes Enforcement Network, including hire to $2,680,000 may be used for the cost of di- further, That of the total amount made avail- of passenger motor vehicles; travel and rect loans: Provided, That the cost of direct able under this heading $1,000,000 shall be training expenses of non-Federal and foreign and guaranteed loans, including the cost of available for administrative expenses for the government personnel to attend meetings modifying such loans, shall be as defined in Treasury Chief Information Officer to pro- and training concerned with domestic and section 502 of the Congressional Budget Act vide oversight of the investments made foreign financial intelligence activities, law of 1974: Provided further, That these funds are under this heading: Provided further, That enforcement, and financial regulation; serv- available to subsidize gross obligations for such funds shall supplement and not sup- ices authorized by 5 U.S.C. 3109; not to ex- the principal amount of direct loans not to plant any other amounts made available to ceed $10,000 for official reception and rep- exceed $25,000,000; the Treasury Chief Information Officer. resentation expenses; and for assistance to (2) not less than $16,000,000, notwith- DEPARTMENT-WIDE SYSTEMS AND CAPITAL Federal law enforcement agencies, with or standing section 108(e) of Public Law 103–325 INVESTMENTS PROGRAMS without reimbursement, $117,800,000, of (12 U.S.C. 4707(e)), is available until Sep- which not to exceed $34,335,000 shall remain (INCLUDING TRANSFER OF FUNDS) tember 30, 2020, for financial assistance, available until September 30, 2021. For development and acquisition of auto- technical assistance, training, and outreach BUREAU OF THE FISCAL SERVICE matic data processing equipment, software, programs designed to benefit Native Amer- and services and for repairs and renovations SALARIES AND EXPENSES ican, Native Hawaiian, and Alaska Native to buildings owned by the Department of the For necessary expenses of operations of the communities and provided primarily through Treasury, $4,000,000, to remain available Bureau of the Fiscal Service, $338,280,000; of qualified community development lender or- until September 30, 2021: Provided, That these which not to exceed $4,210,000, to remain ganizations with experience and expertise in funds shall be transferred to accounts and in available until September 30, 2021, is for in- community development banking and lend- amounts as necessary to satisfy the require- formation systems modernization initia- ing in Indian country, Native American or- ments of the Department’s offices, bureaus, tives; and of which $5,000 shall be available ganizations, tribes and tribal organizations, and other organizations: Provided further, for official reception and representation ex- and other suitable providers; That this transfer authority shall be in addi- penses. (3) not less than $25,000,000 is available tion to any other transfer authority provided In addition, $165,000, to be derived from the until September 30, 2020, for the Bank Enter- in this Act: Provided further, That none of Oil Spill Liability Trust Fund to reimburse prise Award program; the funds appropriated under this heading administrative and personnel expenses for fi- (4) up to $27,000,000 is available until Sep- shall be used to support or supplement ‘‘In- nancial management of the Fund, as author- tember 30, 2019, for administrative expenses, ternal Revenue Service, Operations Support’’ ized by section 1012 of Public Law 101–380. including administration of CDFI fund programs and the New Markets Tax Credit Pro- or ‘‘Internal Revenue Service, Business Sys- ALCOHOL AND TOBACCO TAX AND TRADE gram, of which not less than $1,000,000 is for tems Modernization’’. BUREAU development of tools to better assess and in- OFFICE OF INSPECTOR GENERAL SALARIES AND EXPENSES form CDFI investment performance, and up SALARIES AND EXPENSES For necessary expenses of carrying out sec- to $300,000 is for administrative expenses to For necessary expenses of the Office of In- tion 1111 of the Homeland Security Act of carry out the direct loan program; and spector General in carrying out the provi- 2002, including hire of passenger motor vehi- (5) during fiscal year 2019, none of the sions of the Inspector General Act of 1978, cles, $111,439,000; of which not to exceed $6,000 funds available under this heading are avail- $37,044,000, including hire of passenger motor for official reception and representation ex- able for the cost, as defined in section 502 of vehicles; of which not to exceed $100,000 shall penses; not to exceed $50,000 for cooperative the Congressional Budget Act of 1974, of com- be available for unforeseen emergencies of a research and development programs for lab- mitments to guarantee bonds and notes confidential nature, to be allocated and ex- oratory services; and provision of laboratory under section 114A of the Riegle Community pended under the direction of the Inspector assistance to State and local agencies with Development and Regulatory Improvement General of the Treasury; of which up to or without reimbursement: Provided, That of Act of 1994 (12 U.S.C. 4713a): Provided, That $2,800,000 to remain available until Sep- the amount appropriated under this heading, commitments to guarantee bonds and notes tember 30, 2020, shall be for audits and inves- $5,000,000 shall be for the costs of accel- under such section 114A shall not exceed tigations conducted pursuant to section 1608 erating the processing of formula and label $500,000,000: Provided further, That such sec- of the Resources and Ecosystems Sustain- applications: Provided further, That of the tion 114A shall remain in effect until Decem- ability, Tourist Opportunities, and Revived amount appropriated under this heading, ber 31, 2019: Provided further, That of the

VerDate Sep 11 2014 03:28 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JY6.020 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE S5152 CONGRESSIONAL RECORD — SENATE July 23, 2018 funds awarded under this heading, not less and the Senate and the Comptroller General ing employment tax payments, and such no- than 10 percent shall be used for awards that of the United States detailing the cost and tice shall be sent to both the employer’s support investments that serve populations schedule performance for its major informa- former and new address and an officer or em- living in persistent poverty counties: Pro- tion technology investments, including the ployee of the Internal Revenue Service shall vided further, That for the purposes of this purpose and life-cycle stages of the invest- give special consideration to an offer-in-com- section, the term ‘‘persistent poverty coun- ments; the reasons for any cost and schedule promise from a taxpayer who has been the ties’’ means any county that has had 20 per- variances; the risks of such investments and victim of fraud by a third party payroll tax cent or more of its population living in pov- strategies the Internal Revenue Service is preparer. erty over the past 30 years, as measured by using to mitigate such risks; and the ex- SEC. 107. None of the funds made available the 1990 and 2000 decennial censuses and the pected developmental milestones to be under this Act may be used by the Internal 2011–2015 5-year data series available from achieved and costs to be incurred in the next Revenue Service to target citizens of the the American Community Survey of the Cen- quarter: Provided further, That the Internal United States for exercising any right guar- sus Bureau. Revenue Service shall include, in its budget anteed under the First Amendment to the INTERNAL REVENUE SERVICE justification for fiscal year 2020, a summary Constitution of the United States. SEC. 108. None of the funds made available TAXPAYER SERVICES of cost and schedule performance information for its major information technology in this Act may be used by the Internal Rev- For necessary expenses of the Internal systems. enue Service to target groups for regulatory Revenue Service to provide taxpayer serv- BUSINESS SYSTEMS MODERNIZATION scrutiny based on their ideological beliefs. ices, including pre-filing assistance and edu- SEC. 109. None of funds made available by cation, filing and account services, taxpayer For necessary expenses of the Internal this Act to the Internal Revenue Service advocacy services, and other services as au- Revenue Service’s business systems mod- shall be obligated or expended on con- thorized by 5 U.S.C. 3109, at such rates as ernization program, $110,000,000, to remain ferences that do not adhere to the proce- may be determined by the Commissioner, available until September 30, 2021, for the dures, verification processes, documentation $2,506,554,000, of which not less than $9,890,000 capital asset acquisition of information requirements, and policies issued by the shall be for the Tax Counseling for the Elder- technology systems, including management Chief Financial Officer, Human Capital Of- ly Program, of which not less than $12,000,000 and related contractual costs of said acquisi- fice, and Agency-Wide Shared Services as a shall be available for low-income taxpayer tions, including related Internal Revenue result of the recommendations in the report clinic grants, of which not less than Service labor costs, and contractual costs as- published on May 31, 2013, by the Treasury $15,000,000, to remain available until Sep- sociated with operations authorized by 5 Inspector General for Tax Administration tember 30, 2020, shall be available for a Com- U.S.C. 3109: Provided, That not later than 30 entitled ‘‘Review of the August 2010 Small munity Volunteer Income Tax Assistance days after the end of each quarter, the Inter- Business/Self-Employed Division’s Con- matching grants program for tax return nal Revenue Service shall submit a report to ference in Anaheim, California’’ (Reference preparation assistance, and of which not less the Committees on Appropriations of the Number 2013–10–037). than $206,000,000 shall be available for oper- House of Representatives and the Senate and SEC. 110. None of the funds made available ating expenses of the Taxpayer Advocate the Comptroller General of the United States in this Act to the Internal Revenue Service Service: Provided, That of the amounts made detailing the cost and schedule performance may be obligated or expended— available for the Taxpayer Advocate Service, for major information technology invest- (1) to make a payment to any employee not less than $5,500,000 shall be for identity ments, including the purposes and life-cycle under a bonus, award, or recognition pro- theft and refund fraud casework. stages of the investments; the reasons for gram; or ENFORCEMENT any cost and schedule variances; the risks of (2) under any hiring or personnel selection For necessary expenses for tax enforce- such investments and the strategies the In- process with respect to re-hiring a former ment activities of the Internal Revenue ternal Revenue Service is using to mitigate employee, unless such program or process Service to determine and collect owed taxes, such risks; and the expected developmental takes into account the conduct and Federal to provide legal and litigation support, to milestones to be achieved and costs to be in- tax compliance of such employee or former conduct criminal investigations, to enforce curred in the next quarter. employee. criminal statutes related to violations of in- ADMINISTRATIVE PROVISIONS—INTERNAL SEC. 111. None of the funds made available ternal revenue laws and other financial REVENUE SERVICE by this Act may be used in contravention of crimes, to purchase and hire passenger (INCLUDING TRANSFERS OF FUNDS) section 6103 of the Internal Revenue Code of motor vehicles (31 U.S.C. 1343(b)), and to pro- 1986 (relating to confidentiality and disclo- SEC. 101. Not to exceed 5 percent of any ap- sure of returns and return information). vide other services as authorized by 5 U.S.C. propriation made available in this Act to the SEC. 112. Except to the extent provided in 3109, at such rates as may be determined by Internal Revenue Service may be transferred section 6014, 6020, or 6201(d) of the Internal the Commissioner, $4,860,000,000, of which not to any other Internal Revenue Service appro- Revenue Code of 1986, no funds in this or any to exceed $50,000,000 shall remain available priation upon the advance approval of the other Act shall be available to the Secretary until September 30, 2020, and of which not Committees on Appropriations. less than $60,257,000 shall be for the Inter- of the Treasury to provide to any person a SEC. 102. The Internal Revenue Service proposed final return or statement for use by agency Crime and Drug Enforcement pro- shall maintain an employee training pro- such person to satisfy a filing or reporting gram. gram, which shall include the following top- requirement under such Code. OPERATIONS SUPPORT ics: taxpayers’ rights, dealing courteously SEC. 113. In addition to the amounts other- For necessary expenses of the Internal with taxpayers, cross-cultural relations, eth- wise made available in this Act for the Inter- Revenue Service to support taxpayer serv- ics, and the impartial application of tax law. nal Revenue Service, $77,000,000, to be avail- ices and enforcement programs, including SEC. 103. The Internal Revenue Service able until September 30, 2020, shall be trans- rent payments; facilities services; printing; shall institute and enforce policies and pro- ferred by the Commissioner to the ‘‘Tax- postage; physical security; headquarters and cedures that will safeguard the confiden- payer Services’’, ‘‘Enforcement’’, or ‘‘Oper- other IRS-wide administration activities; re- tiality of taxpayer information and protect ations Support’’ accounts of the Internal search and statistics of income; tele- taxpayers against identity theft. Revenue Service for an additional amount to communications; information technology de- SEC. 104. Funds made available by this or be used solely for carrying out Public Law velopment, enhancement, operations, main- any other Act to the Internal Revenue Serv- 115–97: Provided, That such funds shall not be tenance, and security; the hire of passenger ice shall be available for improved facilities available until the Commissioner submits to motor vehicles (31 U.S.C. 1343(b)); the oper- and increased staffing to provide sufficient the Committees on Appropriations of the ations of the Internal Revenue Service Over- and effective 1–800 help line service for tax- House of Representatives and the Senate a sight Board; and other services as authorized payers. The Commissioner shall continue to spending plan for such funds. by 5 U.S.C. 3109, at such rates as may be de- make improvements to the Internal Revenue termined by the Commissioner; $3,709,000,000, Service 1–800 help line service a priority and ADMINISTRATIVE PROVISIONS—DEPARTMENT of which not to exceed $50,000,000 shall reallocate resources necessary to enhance the OF THE TREASURY main available until September 30, 2020; of response time to taxpayer communications, (INCLUDING TRANSFERS OF FUNDS) which not to exceed $10,000,000 shall remain particularly with regard to victims of tax-re- SEC. 114. Appropriations to the Department available until expended for acquisition of lated crimes. of the Treasury in this Act shall be available equipment and construction, repair and ren- SEC. 105. None of the funds made available for uniforms or allowances therefor, as au- ovation of facilities; of which not to exceed to the Internal Revenue Service by this Act thorized by law (5 U.S.C. 5901), including $1,000,000 shall remain available until Sep- may be used to make a video unless the maintenance, repairs, and cleaning; purchase tember 30, 2021, for research; of which not to Service-Wide Video Editorial Board deter- of insurance for official motor vehicles oper- exceed $20,000 shall be for official reception mines in advance that making the video is ated in foreign countries; purchase of motor and representation expenses: Provided, That appropriate, taking into account the cost, vehicles without regard to the general pur- not later than 30 days after the end of each topic, tone, and purpose of the video. chase price limitations for vehicles pur- quarter, the Internal Revenue Service shall SEC. 106. The Internal Revenue Service chased and used overseas for the current fis- submit a report to the Committees on Appro- shall issue a notice of confirmation of any cal year; entering into contracts with the priations of the House of Representatives address change relating to an employer mak- Department of State for the furnishing of

VerDate Sep 11 2014 03:28 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JY6.020 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE July 23, 2018 CONGRESSIONAL RECORD — SENATE S5153 health and medical services to employees later than 30 days following the submission tion expenses to support activities of the Fi- and their dependents serving in foreign coun- of the annual budget submitted by the Presi- nancial Action Task Force. tries; and services authorized by 5 U.S.C. dent: Provided, That such Capital Investment SEC. 128. Amounts in the Bureau of Engrav- 3109. Plan shall include capital investment spending and Printing Fund may be used for the SEC. 115. Not to exceed 2 percent of any ap- ing from all accounts within the Department acquisition of necessary land for, and con- propriations in this title made available of the Treasury, including but not limited to struction of, a replacement currency produc- under the headings ‘‘Departmental Offices— the Department-wide Systems and Capital tion facility. Salaries and Expenses’’, ‘‘Office of Terrorism Investment Programs account, Treasury This title may be cited as the ‘‘Department and Financial Intelligence’’, ‘‘Office of In- Franchise Fund account, and the Treasury of the Treasury Appropriations Act, 2019’’. spector General’’, ‘‘Special Inspector General Forfeiture Fund account: Provided further, TITLE II for the Troubled Asset Relief Program’’, ‘‘Fi- That such Capital Investment Plan shall in- EXECUTIVE OFFICE OF THE PRESIDENT nancial Crimes Enforcement Network’’, ‘‘Bu- clude expenditures occurring in previous fis- AND FUNDS APPROPRIATED TO THE reau of the Fiscal Service’’, and ‘‘Alcohol cal years for each capital investment project PRESIDENT and Tobacco Tax and Trade Bureau’’ may be that has not been fully completed. transferred between such appropriations SEC. 124. Within 45 days after the date of THE WHITE HOUSE upon the advance approval of the Commit- enactment of this Act, the Secretary of the SALARIES AND EXPENSES tees on Appropriations of the House of Rep- Treasury shall submit an itemized report to For necessary expenses for the White resentatives and the Senate: Provided, That the Committees on Appropriations of the House as authorized by law, including not to no transfer under this section may increase House of Representatives and the Senate on exceed $3,850,000 for services as authorized by or decrease any such appropriation by more the amount of total funds charged to each of- 5 U.S.C. 3109 and 3 U.S.C. 105; subsistence ex- than 2 percent. fice by the Franchise Fund including the penses as authorized by 3 U.S.C. 105, which SEC. 116. Not to exceed 2 percent of any ap- amount charged for each service provided by shall be expended and accounted for as pro- propriation made available in this Act to the the Franchise Fund to each office, a detailed vided in that section; hire of passenger Internal Revenue Service may be transferred description of the services, a detailed expla- motor vehicles, and travel (not to exceed to the Treasury Inspector General for Tax nation of how each charge for each service is $100,000 to be expended and accounted for as Administration’s appropriation upon the ad- calculated, and a description of the role cus- provided by 3 U.S.C. 103); and not to exceed vance approval of the Committees on Appro- tomers have in governing in the Franchise $19,000 for official reception and representa- priations of the House of Representatives Fund. tion expenses, to be available for allocation and the Senate: Provided, That no transfer SEC. 125. During fiscal year 2019— within the Executive Office of the President; may increase or decrease any such appro- (1) none of the funds made available in this and for necessary expenses of the Office of priation by more than 2 percent. or any other Act may be used by the Depart- Policy Development, including services as SEC. 117. None of the funds appropriated in ment of the Treasury, including the Internal authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, this Act or otherwise available to the De- Revenue Service, to issue, revise, or finalize $55,000,000. partment of the Treasury or the Bureau of any regulation, revenue ruling, or other XECUTIVE RESIDENCE AT THE WHITE HOUSE Engraving and Printing may be used to rede- guidance not limited to a particular tax- E sign the $1 Federal Reserve note. payer relating to the standard which is used OPERATING EXPENSES SEC. 118. The Secretary of the Treasury to determine whether an organization is op- For necessary expenses of the Executive may transfer funds from the ‘‘Bureau of the erated exclusively for the promotion of so- Residence at the White House, $13,081,000, to Fiscal Service-Salaries and Expenses’’ to the cial welfare for purposes of section 501(c)(4) be expended and accounted for as provided by Debt Collection Fund as necessary to cover of the Internal Revenue Code of 1986 (includ- 3 U.S.C. 105, 109, 110, and 112–114. the costs of debt collection: Provided, That ing the proposed regulations published at 78 REIMBURSABLE EXPENSES such amounts shall be reimbursed to such Fed. Reg. 71535 (November 29, 2013)); and salaries and expenses account from debt col- (2) the standard and definitions as in effect For the reimbursable expenses of the Exec- lections received in the Debt Collection on January 1, 2010, which are used to make utive Residence at the White House, such Fund. such determinations shall apply after the sums as may be necessary: Provided, That all SEC. 119. None of the funds appropriated or date of the enactment of this Act for pur- reimbursable operating expenses of the Exec- otherwise made available by this or any poses of determining status under section utive Residence shall be made in accordance other Act may be used by the United States 501(c)(4) of such Code of organizations cre- with the provisions of this paragraph: Pro- Mint to construct or operate any museum ated on, before, or after such date. vided further, That, notwithstanding any without the explicit approval of the Commit- SEC. 126. (a) Not later than 60 days after other provision of law, such amount for re- tees on Appropriations of the House of Rep- the end of each quarter, the Office of Finan- imbursable operating expenses shall be the resentatives and the Senate, the House Com- cial Stability and the Office of Financial Re- exclusive authority of the Executive Resi- mittee on Financial Services, and the Senate search shall submit reports on their activi- dence to incur obligations and to receive off- Committee on Banking, Housing, and Urban ties to the Committees on Appropriations of setting collections, for such expenses: Pro- Affairs. the House of Representatives and the Senate, vided further, That the Executive Residence SEC. 120. None of the funds appropriated or the Committee on Financial Services of the shall require each person sponsoring a reim- otherwise made available by this or any House of Representatives and the Senate bursable political event to pay in advance an other Act or source to the Department of the Committee on Banking, Housing, and Urban amount equal to the estimated cost of the Treasury, the Bureau of Engraving and Affairs. event, and all such advance payments shall Printing, and the United States Mint, indi- (b) The reports required under subsection be credited to this account and remain avail- vidually or collectively, may be used to con- (a) shall include— able until expended: Provided further, That solidate any or all functions of the Bureau of (1) the obligations made during the pre- the Executive Residence shall require the na- Engraving and Printing and the United vious quarter by object class, office, and ac- tional committee of the political party of States Mint without the explicit approval of tivity; the President to maintain on deposit $25,000, the House Committee on Financial Services; (2) the estimated obligations for the re- to be separately accounted for and available the Senate Committee on Banking, Housing, mainder of the fiscal year by object class, of- for expenses relating to reimbursable polit- and Urban Affairs; and the Committees on fice, and activity; ical events sponsored by such committee Appropriations of the House of Representa- (3) the number of full-time equivalents during such fiscal year: Provided further, tives and the Senate. within each office during the previous quar- That the Executive Residence shall ensure SEC. 121. Funds appropriated by this Act, ter; that a written notice of any amount owed for or made available by the transfer of funds in (4) the estimated number of full-time a reimbursable operating expense under this this Act, for the Department of the Treas- equivalents within each office for the re- paragraph is submitted to the person owing ury’s intelligence or intelligence related ac- mainder of the fiscal year; and such amount within 60 days after such ex- tivities are deemed to be specifically author- (5) actions taken to achieve the goals, ob- pense is incurred, and that such amount is ized by the Congress for purposes of section jectives, and performance measures of each collected within 30 days after the submission 504 of the National Security Act of 1947 (50 office. of such notice: Provided further, That the Ex- U.S.C. 414) during fiscal year 2019 until the (c) At the request of any such Committees ecutive Residence shall charge interest and enactment of the Intelligence Authorization specified in subsection (a), the Office of Fi- assess penalties and other charges on any Act for Fiscal Year 2019. nancial Stability and the Office of Financial such amount that is not reimbursed within SEC. 122. Not to exceed $5,000 shall be made Research shall make officials available to such 30 days, in accordance with the interest available from the Bureau of Engraving and testify on the contents of the reports re- and penalty provisions applicable to an out- Printing’s Industrial Revolving Fund for quired under subsection (a). standing debt on a United States Govern- necessary official reception and representa- SEC. 127. Amounts made available under ment claim under 31 U.S.C. 3717: Provided fur- tion expenses. the heading ‘‘Office of Terrorism and Finan- ther, That each such amount that is reim- SEC. 123. The Secretary of the Treasury cial Intelligence’’ shall be available to reimbursed, and any accompanying interest and shall submit a Capital Investment Plan to burse the ‘‘Departmental Offices—Salaries charges, shall be deposited in the Treasury the Committees on Appropriations of the and Expenses’’ account for expenses incurred as miscellaneous receipts: Provided further, Senate and the House of Representatives not in such account for reception and representa- That the Executive Residence shall prepare

VerDate Sep 11 2014 03:28 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JY6.020 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE S5154 CONGRESSIONAL RECORD — SENATE July 23, 2018 and submit to the Committees on Appropria- Management and Budget by this Act may be That, notwithstanding the requirements of tions, by not later than 90 days after the end expended for the altering of the annual work Public Law 106–58, any unexpended funds ob- of the fiscal year covered by this Act, a re- plan developed by the Corps of Engineers for ligated prior to fiscal year 2017 may be used port setting forth the reimbursable oper- submission to the Committees on Appropria- for any other approved activities of that ating expenses of the Executive Residence tions: Provided further, That of the funds HIDTA, subject to reprogramming require- during the preceding fiscal year, including made available for the Office of Management ments: Provided further, That each HIDTA the total amount of such expenses, the and Budget by this Act, no less than three designated as of September 30, 2018, shall be amount of such total that consists of reim- full-time equivalent senior staff position funded at not less than the fiscal year 2018 bursable official and ceremonial events, the shall be dedicated solely to the Office of the base level, unless the Director submits to the amount of such total that consists of reim- Intellectual Property Enforcement Coordi- Committees on Appropriations of the House bursable political events, and the portion of nator: Provided further, That none of the of Representatives and the Senate justifica- each such amount that has been reimbursed funds provided in this or prior Acts shall be tion for changes to those levels based on as of the date of the report: Provided further, used, directly or indirectly, by the Office of clearly articulated priorities and published That the Executive Residence shall maintain Management and Budget, for evaluating or Office of National Drug Control Policy per- a system for the tracking of expenses related determining if water resource project or formance measures of effectiveness: Provided to reimbursable events within the Executive study reports submitted by the Chief of En- further, That the Director shall notify the Residence that includes a standard for the gineers acting through the Secretary of the Committees on Appropriations of the initial classification of any such expense as polit- Army are in compliance with all applicable allocation of fiscal year 2019 funding among HIDTAs not later than 45 days after enact- ical or nonpolitical: Provided further, That no laws, regulations, and requirements relevant ment of this Act, and shall notify the Com- provision of this paragraph may be construed to the Civil Works water resource planning mittees of planned uses of discretionary to exempt the Executive Residence from any process: Provided further, That the Office of HIDTA funding, as determined in consulta- other applicable requirement of subchapter I Management and Budget shall have not more tion with the HIDTA Directors, not later or II of chapter 37 of title 31, United States than 60 days in which to perform budgetary than 90 days after enactment of this Act: Code. policy reviews of water resource matters on Provided further, That upon a determination WHITE HOUSE REPAIR AND RESTORATION which the Chief of Engineers has reported: that all or part of the funds so transferred Provided further, That the Director of the Of- For the repair, alteration, and improve- from this appropriation are not necessary for fice of Management and Budget shall notify ment of the Executive Residence at the the purposes provided herein and upon notifi- the appropriate authorizing and appro- White House pursuant to 3 U.S.C. 105(d), cation to the Committees on Appropriations priating committees when the 60-day review $750,000, to remain available until expended, of the House of Representatives and the Sen- is initiated: Provided further, That if water for required maintenance, resolution of safe- ate, such amounts may be transferred back resource reports have not been transmitted ty and health issues, and continued prevent- to this appropriation. to the appropriate authorizing and appro- ative maintenance. OTHER FEDERAL DRUG CONTROL PROGRAMS priating committees within 15 days after the (INCLUDING TRANSFERS OF FUNDS) COUNCIL OF ECONOMIC ADVISERS end of the Office of Management and Budget SALARIES AND EXPENSES review period based on the notification from For other drug control activities authorized by the Office of National Drug Control For necessary expenses of the Council of the Director, Congress shall assume Office of Policy Reauthorization Act of 2006 (Public Economic Advisers in carrying out its func- Management and Budget concurrence with Law 109–469), $117,327,000, to remain available tions under the Employment Act of 1946 (15 the report and act accordingly. until expended, which shall be available as U.S.C. 1021 et seq.), $4,187,000. In addition, $2,000,000 for the Office of In- formation and Regulatory Affairs to hire ad- follows: $99,000,000 for the Drug-Free Commu- NATIONAL SECURITY COUNCIL AND HOMELAND ditional personnel dedicated to regulatory nities Program, of which $2,000,000 shall be SECURITY COUNCIL made available as directed by section 4 of review and reforms: Provided, That these Public Law 107–82, as amended by Public Law SALARIES AND EXPENSES amounts shall be in addition to any other 109–469 (21 U.S.C. 1521 note); $2,000,000 for For necessary expenses of the National Se- amounts available for such purpose: Provided drug court training and technical assistance; curity Council and the Homeland Security further, That these funds may not be used to $9,500,000 for anti-doping activities; $2,577,000 Council, including services as authorized by backfill vacancies. 5 U.S.C. 3109, $11,800,000. for the United States membership dues to OFFICE OF NATIONAL DRUG CONTROL POLICY the World Anti-Doping Agency; and $1,250,000 OFFICE OF ADMINISTRATION SALARIES AND EXPENSES shall be made available as directed by sec- SALARIES AND EXPENSES For necessary expenses of the Office of Na- tion 1105 of Public Law 109–469; and $3,000,000, For necessary expenses of the Office of Ad- tional Drug Control Policy; for research ac- to remain available until expended, shall be ministration, including services as author- tivities pursuant to the Office of National for activities authorized by section 103 of ized by 5 U.S.C. 3109 and 3 U.S.C. 107, and hire Drug Control Policy Reauthorization Act of Public Law 114–198: Provided, That amounts of passenger motor vehicles, $100,000,000, of 2006 (Public Law 109–469); not to exceed made available under this heading may be which not to exceed $12,800,000 shall remain $10,000 for official reception and representa- transferred to other Federal departments available until expended for continued mod- tion expenses; and for participation in joint and agencies to carry out such activities. ernization of information resources within projects or in the provision of services on UNANTICIPATED NEEDS the Executive Office of the President. matters of mutual interest with nonprofit, For expenses necessary to enable the Presi- OFFICE OF MANAGEMENT AND BUDGET research, or public organizations or agencies, dent to meet unanticipated needs, in further- with or without reimbursement, $18,400,000: ance of the national interest, security, or de- SALARIES AND EXPENSES Provided, That the Office is authorized to ac- fense which may arise at home or abroad For necessary expenses of the Office of cept, hold, administer, and utilize gifts, both during the current fiscal year, as authorized Management and Budget, including hire of real and personal, public and private, with- by 3 U.S.C. 108, $1,000,000, to remain available passenger motor vehicles and services as au- out fiscal year limitation, for the purpose of until September 30, 2020. thorized by 5 U.S.C. 3109, to carry out the aiding or facilitating the work of the Office. INFORMATION TECHNOLOGY OVERSIGHT AND provisions of chapter 35 of title 44, United FEDERAL DRUG CONTROL PROGRAMS REFORM States Code, and to prepare and submit the budget of the United States Government, in HIGH INTENSITY DRUG TRAFFICKING AREAS (INCLUDING TRANSFER OF FUNDS) accordance with section 1105(a) of title 31, PROGRAM For necessary expenses for the furtherance United States Code, $101,000,000, of which not (INCLUDING TRANSFERS OF FUNDS) of integrated, efficient, secure, and effective to exceed $3,000 shall be available for official For necessary expenses of the Office of Na- uses of information technology in the Fed- representation expenses: Provided, That none tional Drug Control Policy’s High Intensity eral Government, $19,000,000, to remain avail- of the funds appropriated in this Act for the Drug Trafficking Areas Program, $280,000,000, able until expended: Provided, That the Di- Office of Management and Budget may be to remain available until September 30, 2020, rector of the Office of Management and used for the purpose of reviewing any agri- for drug control activities consistent with Budget may transfer these funds to one or cultural marketing orders or any activities the approved strategy for each of the des- more other agencies to carry out projects to or regulations under the provisions of the ignated High Intensity Drug Trafficking meet these purposes. Agricultural Marketing Agreement Act of Areas (‘‘HIDTAs’’), of which not less than 51 SPECIAL ASSISTANCE TO THE PRESIDENT 1937 (7 U.S.C. 601 et seq.): Provided further, percent shall be transferred to State and SALARIES AND EXPENSES That none of the funds made available for local entities for drug control activities and For necessary expenses to enable the Vice the Office of Management and Budget by this shall be obligated not later than 120 days President to provide assistance to the Presi- Act may be expended for the altering of the after enactment of this Act: Provided, That dent in connection with specially assigned transcript of actual testimony of witnesses, up to 49 percent may be transferred to Fed- functions; services as authorized by 5 U.S.C. except for testimony of officials of the Office eral agencies and departments in amounts 3109 and 3 U.S.C. 106, including subsistence of Management and Budget, before the Com- determined by the Director of the Office of expenses as authorized by 3 U.S.C. 106, which mittees on Appropriations or their sub- National Drug Control Policy, of which up to shall be expended and accounted for as pro- committees: Provided further, That none of $2,700,000 may be used for auditing services vided in that section; and hire of passenger the funds made available for the Office of and associated activities: Provided further, motor vehicles, $4,288,000.

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OFFICIAL RESIDENCE OF THE VICE PRESIDENT cluding care of the building and grounds, in- resentation by counsel; the compensation OPERATING EXPENSES cluding hire of passenger motor vehicles as and reimbursement of expenses of attorneys (INCLUDING TRANSFER OF FUNDS) authorized by 31 U.S.C. 1343 and 1344; not to appointed to represent jurors in civil actions exceed $10,000 for official reception and rep- for the protection of their employment, as For the care, operation, refurnishing, im- resentation expenses; and for miscellaneous authorized by 28 U.S.C. 1875(d)(1); the com- provement, and to the extent not otherwise expenses, to be expended as the Chief Justice pensation and reimbursement of expenses of provided for, heating and lighting, including may approve, $84,703,000, of which $1,500,000 attorneys appointed under 18 U.S.C. 983(b)(1) electric power and fixtures, of the official shall remain available until expended. in connection with certain judicial civil for- residence of the Vice President; the hire of In addition, there are appropriated such feiture proceedings; the compensation and passenger motor vehicles; and not to exceed sums as may be necessary under current law reimbursement of travel expenses of guard- $90,000 pursuant to 3 U.S.C. 106(b)(2), $302,000: for the salaries of the chief justice and asso- ians ad litem appointed under 18 U.S.C. Provided, That advances, repayments, or ciate justices of the court. 4100(b); and for necessary training and gen- transfers from this appropriation may be eral administrative expenses, $1,140,846,000 to made to any department or agency for ex- CARE OF THE BUILDING AND GROUNDS remain available until expended. penses of carrying out such activities. For such expenditures as may be necessary FEES OF JURORS AND COMMISSIONERS ADMINISTRATIVE PROVISIONS—EXECUTIVE OF- to enable the Architect of the Capitol to FICE OF THE PRESIDENT AND FUNDS APPRO- carry out the duties imposed upon the Archi- For fees and expenses of jurors as author- PRIATED TO THE PRESIDENT tect by 40 U.S.C. 6111 and 6112, $15,999,000, to ized by 28 U.S.C. 1871 and 1876; compensation of jury commissioners as authorized by 28 (INCLUDING TRANSFER OF FUNDS) remain available until expended. U.S.C. 1863; and compensation of commis- UNITED STATES COURT OF APPEALS FOR THE SEC. 201. From funds made available in this sioners appointed in condemnation cases FEDERAL CIRCUIT Act under the headings ‘‘The White House’’, pursuant to rule 71.1(h) of the Federal Rules ‘‘Executive Residence at the White House’’, SALARIES AND EXPENSES of Civil Procedure (28 U.S.C. Appendix Rule ‘‘White House Repair and Restoration’’, For salaries of officers and employees, and 71.1(h)), $49,750,000, to remain available until ‘‘Council of Economic Advisers’’, ‘‘National for necessary expenses of the court, as au- expended: Provided, That the compensation Security Council and Homeland Security thorized by law, $32,016,000. of land commissioners shall not exceed the Council’’, ‘‘Office of Administration’’, ‘‘Spe- In addition, there are appropriated such daily equivalent of the highest rate payable cial Assistance to the President’’, and ‘‘Offi- sums as may be necessary under current law under 5 U.S.C. 5332. cial Residence of the Vice President’’, the for the salaries of the chief judge and judges COURT SECURITY Director of the Office of Management and of the court. Budget (or such other officer as the Presi- (INCLUDING TRANSFER OF FUNDS) dent may designate in writing), may, with UNITED STATES COURT OF INTERNATIONAL For necessary expenses, not otherwise pro- advance approval of the Committees on Ap- TRADE vided for, incident to the provision of protec- propriations of the House of Representatives SALARIES AND EXPENSES tive guard services for United States court- and the Senate, transfer not to exceed 10 per- For salaries of officers and employees of houses and other facilities housing Federal cent of any such appropriation to any other the court, services, and necessary expenses court operations, and the procurement, in- such appropriation, to be merged with and of the court, as authorized by law, $19,450,000. stallation, and maintenance of security sys- available for the same time and for the same In addition, there are appropriated such tems and equipment for United States court- purposes as the appropriation to which sums as may be necessary under current law houses and other facilities housing Federal transferred: Provided, That the amount of an for the salaries of the chief judge and judges court operations, including building ingress- appropriation shall not be increased by more of the court. egress control, inspection of mail and pack- ages, directed security patrols, perimeter se- than 50 percent by such transfers: Provided COURTS OF APPEALS, DISTRICT COURTS, AND curity, basic security services provided by further, That no amount shall be transferred OTHER JUDICIAL SERVICES from ‘‘Special Assistance to the President’’ the Federal Protective Service, and other or ‘‘Official Residence of the Vice President’’ SALARIES AND EXPENSES similar activities as authorized by section without the approval of the Vice President. For the salaries of judges of the United 1010 of the Judicial Improvement and Access SEC. 202. (a) During fiscal year 2019, any States Court of Federal Claims, magistrate to Justice Act (Public Law 100–702), Executive order or Presidential memo- judges, and all other officers and employees $604,460,000, of which not to exceed $20,000,000 randum issued or revoked by the President of the Federal Judiciary not otherwise spe- shall remain available until expended, to be shall be accompanied by a written statement cifically provided for, necessary expenses of expended directly or transferred to the from the Director of the Office of Manage- the courts, and the purchase, rental, repair, United States Marshals Service, which shall ment and Budget on the budgetary impact, and cleaning of uniforms for Probation and be responsible for administering the Judicial including costs, benefits, and revenues, of Pretrial Services Office staff, as authorized Facility Security Program consistent with such order or memorandum. by law, $5,154,461,000 (including the purchase standards or guidelines agreed to by the Di- (b) Any such statement shall include— of firearms and ammunition); of which not to rector of the Administrative Office of the (1) a narrative summary of the budgetary exceed $27,817,000 shall remain available United States Courts and the Attorney Gen- impact of such order or memorandum on the until expended for space alteration projects eral. Federal Government; and for furniture and furnishings related to ADMINISTRATIVE OFFICE OF THE UNITED (2) the impact on mandatory and discre- new space alteration and construction STATES COURTS tionary obligations and outlays as the result projects. SALARIES AND EXPENSES of such order or memorandum, listed by Fed- In addition, there are appropriated such For necessary expenses of the Administra- eral agency, for each year in the 5-fiscal year sums as may be necessary under current law tive Office of the United States Courts as au- period beginning in fiscal year 2019; and for the salaries of circuit and district judges thorized by law, including travel as author- (3) the impact on revenues of the Federal (including judges of the territorial courts of ized by 31 U.S.C. 1345, hire of a passenger Government as the result of such order or the United States), bankruptcy judges, and motor vehicle as authorized by 31 U.S.C. memorandum over the 5-fiscal-year period justices and judges retired from office or 1343(b), advertising and rent in the District beginning in fiscal year 2019. from regular active service. of Columbia and elsewhere, $92,413,000, of (c) If an Executive order or Presidential In addition, for expenses of the United which not to exceed $8,500 is authorized for memorandum is issued during fiscal year States Court of Federal Claims associated official reception and representation ex- 2019 due to a national emergency, the Direc- with processing cases under the National penses. tor of the Office of Management and Budget Childhood Vaccine Injury Act of 1986 (Public may issue the statement required by sub- Law 99–660), not to exceed $8,475,000, to be ap- FEDERAL JUDICIAL CENTER section (a) not later than 15 days after the propriated from the Vaccine Injury Com- SALARIES AND EXPENSES date that such order or memorandum is pensation Trust Fund. For necessary expenses of the Federal Ju- issued. DEFENDER SERVICES dicial Center, as authorized by Public Law (d) The requirement for cost estimates for 90–219, $29,819,000; of which $1,800,000 shall re- For the operation of Federal Defender or- Presidential memoranda shall only apply for main available through September 30, 2020, ganizations; the compensation and reim- Presidential memoranda estimated to have a to provide education and training to Federal bursement of expenses of attorneys ap- regulatory cost in excess of $100,000,000. court personnel; and of which not to exceed pointed to represent persons under 18 U.S.C. This title may be cited as the ‘‘Executive $1,500 is authorized for official reception and 3006A and 3599, and for the compensation and Office of the President Appropriations Act, representation expenses. 2019’’. reimbursement of expenses of persons fur- UNITED STATES SENTENCING COMMISSION TITLE III nishing investigative, expert, and other services for such representations as authorized SALARIES AND EXPENSES THE JUDICIARY by law; the compensation (in accordance For the salaries and expenses necessary to SUPREME COURT OF THE UNITED STATES with the maximums under 18 U.S.C. 3006A) carry out the provisions of chapter 58 of title SALARIES AND EXPENSES and reimbursement of expenses of attorneys 28, United States Code, $18,548,000, of which For expenses necessary for the operation of appointed to assist the court in criminal not to exceed $1,000 is authorized for official the Supreme Court, as required by law, ex- cases where the defendant has waived rep- reception and representation expenses.

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ADMINISTRATIVE PROVISIONS—THE JUDICIARY (3) in the third sentence (relating to the facilities: Provided, That funds made avail- (INCLUDING TRANSFER OF FUNDS) western district of North Carolina), by strik- able for capital improvements shall be ex- SEC. 301. Appropriations and authoriza- ing ‘‘14 years’’ and inserting ‘‘15 years’’. pended consistent with the District of Co- tions made in this title which are available This title may be cited as the ‘‘Judiciary lumbia Courts master plan study and facili- for salaries and expenses shall be available Appropriations Act, 2019’’. ties condition assessment: Provided further, for services as authorized by 5 U.S.C. 3109. TITLE IV That notwithstanding any other provision of law, all amounts under this heading shall be SEC. 302. Not to exceed 5 percent of any ap- DISTRICT OF COLUMBIA propriation made available for the current apportioned quarterly by the Office of Man- fiscal year for the Judiciary in this Act may FEDERAL FUNDS agement and Budget and obligated and ex- be transferred between such appropriations, FEDERAL PAYMENT FOR RESIDENT TUITION pended in the same manner as funds appro- but no such appropriation, except ‘‘Courts of SUPPORT priated for salaries and expenses of other Federal agencies: Provided further, That 30 Appeals, District Courts, and Other Judicial For a Federal payment to the District of days after providing written notice to the Services, Defender Services’’ and ‘‘Courts of Columbia, to be deposited into a dedicated Appeals, District Courts, and Other Judicial Committees on Appropriations of the House account, for a nationwide program to be ad- of Representatives and the Senate, the Dis- Services, Fees of Jurors and Commis- ministered by the Mayor, for District of Co- sioners’’, shall be increased by more than 10 trict of Columbia Courts may reallocate not lumbia resident tuition support, $30,000,000, more than $9,000,000 of the funds provided percent by any such transfers: Provided, That to remain available until expended: Provided, under this heading among the items and en- any transfer pursuant to this section shall be That such funds, including any interest ac- tities funded under this heading: Provided treated as a reprogramming of funds under crued thereon, may be used on behalf of eli- further, That the Joint Committee on Judi- sections 604 and 608 of this Act and shall not gible District of Columbia residents to pay cial Administration in the District of Colum- be available for obligation or expenditure ex- an amount based upon the difference be- bia may, by regulation, establish a program cept in compliance with the procedures set tween in-State and out-of-State tuition at substantially similar to the program set forth in section 608. public institutions of higher education, or to forth in subchapter II of chapter 35 of title 5, SEC. 303. Notwithstanding any other provi- pay up to $2,500 each year at eligible private United States Code, for employees of the Dis- sion of law, the salaries and expenses appro- institutions of higher education: Provided trict of Columbia Courts. priation for ‘‘Courts of Appeals, District further, That the awarding of such funds may FEDERAL PAYMENT FOR DEFENDER SERVICES IN Courts, and Other Judicial Services’’ shall be be prioritized on the basis of a resident’s aca- available for official reception and represen- DISTRICT OF COLUMBIA COURTS demic merit, the income and need of eligible tation expenses of the Judicial Conference of (INCLUDING TRANSFER OF FUNDS) students and such other factors as may be the United States: Provided, That such avail- authorized: Provided further, That the Dis- For payments authorized under section 11– able funds shall not exceed $11,000 and shall 2604 and section 11–2605, D.C. Official Code trict of Columbia government shall maintain be administered by the Director of the Ad- (relating to representation provided under a dedicated account for the Resident Tuition ministrative Office of the United States the District of Columbia Criminal Justice Support Program that shall consist of the Courts in the capacity as Secretary of the Act), payments for counsel appointed in pro- Federal funds appropriated to the Program Judicial Conference. ceedings in the Family Court of the Superior in this Act and any subsequent appropria- SEC. 304. Section 3315(a) of title 40, United Court of the District of Columbia under States Code, shall be applied by substituting tions, any unobligated balances from prior chapter 23 of title 16, D.C. Official Code, or ‘‘Federal’’ for ‘‘executive’’ each place it ap- fiscal years, and any interest earned in this pursuant to contractual agreements to pro- pears. or any fiscal year: Provided further, That the vide guardian ad litem representation, train- SEC. 305. In accordance with 28 U.S.C. 561– account shall be under the control of the ing, technical assistance, and such other 569, and notwithstanding any other provision District of Columbia Chief Financial Officer, services as are necessary to improve the of law, the United States Marshals Service who shall use those funds solely for the pur- quality of guardian ad litem representation, shall provide, for such courthouses as its Di- poses of carrying out the Resident Tuition payments for counsel appointed in adoption rector may designate in consultation with Support Program: Provided further, That the proceedings under chapter 3 of title 16, D.C. the Director of the Administrative Office of Office of the Chief Financial Officer shall Official Code, and payments authorized the United States Courts, for purposes of a provide a quarterly financial report to the under section 21–2060, D.C. Official Code (re- pilot program, the security services that 40 Committees on Appropriations of the House lating to services provided under the District U.S.C. 1315 authorizes the Department of of Representatives and the Senate for these of Columbia Guardianship, Protective Pro- Homeland Security to provide, except for the funds showing, by object class, the expendi- ceedings, and Durable Power of Attorney Act services specified in 40 U.S.C. 1315(b)(2)(E). tures made and the purpose therefor. of 1986), $46,005,000, to remain available until For building-specific security services at FEDERAL PAYMENT FOR EMERGENCY PLANNING expended: Provided, That not more than these courthouses, the Director of the Ad- AND SECURITY COSTS IN THE DISTRICT OF CO- $20,000,000 in unobligated funds provided in ministrative Office of the United States LUMBIA this account may be transferred to and Courts shall reimburse the United States For a Federal payment of necessary ex- merged with funds made available under the Marshals Service rather than the Depart- penses, as determined by the Mayor of the heading ‘‘Federal Payment to the District of Columbia Courts,’’ to be available for the ment of Homeland Security. District of Columbia in written consultation same period and purposes as funds made SEC. 306. (a) Section 203(c) of the Judicial with the elected county or city officials of available under that heading for capital im- Improvements Act of 1990 (Public Law 101– surrounding jurisdictions, $12,000,000, to re- provements to District of Columbia court- 650; 28 U.S.C. 133 note), is amended in the main available until expended, for the costs house facilities: Provided further, That funds matter following paragraph 12— of providing public safety at events related provided under this heading shall be admin- (1) in the second sentence (relating to the to the presence of the National Capital in istered by the Joint Committee on Judicial District of Kansas), by striking ‘‘27 years and the District of Columbia, including support Administration in the District of Columbia: 6 months’’ and inserting ‘‘28 years and 6 requested by the Director of the United Provided further, That, notwithstanding any months’’; and States Secret Service in carrying out protec- (2) in the sixth sentence (relating to the other provision of law, this appropriation tive duties under the direction of the Sec- shall be apportioned quarterly by the Office District of Hawaii), by striking ‘‘24 years and retary of Homeland Security, and for the 6 months’’ and inserting ‘‘25 years and 6 of Management and Budget and obligated costs of providing support to respond to im- and expended in the same manner as funds months’’. mediate and specific terrorist threats or at- (b) Section 406 of the Transportation, appropriated for expenses of other Federal tacks in the District of Columbia or sur- agencies. Treasury, Housing and Urban Development, rounding jurisdictions. the Judiciary, the District of Columbia, and FEDERAL PAYMENT TO THE COURT SERVICES Independent Agencies Appropriations Act, FEDERAL PAYMENT TO THE DISTRICT OF AND OFFENDER SUPERVISION AGENCY FOR THE 2006 (Public Law 109–115; 119 Stat. 2470; 28 COLUMBIA COURTS DISTRICT OF COLUMBIA U.S.C. 133 note) is amended in the second For salaries and expenses for the District For salaries and expenses, including the sentence (relating to the eastern District of of Columbia Courts, $244,939,000 to be allo- transfer and hire of motor vehicles, of the Missouri) by striking ‘‘25 years and 6 cated as follows: for the District of Columbia Court Services and Offender Supervision months’’ and inserting ‘‘26 years and 6 Court of Appeals, $13,379,000, of which not to Agency for the District of Columbia, as au- months’’. exceed $2,500 is for official reception and rep- thorized by the National Capital Revitaliza- (c) Section 312(c)(2) of the 21st Century De- resentation expenses; for the Superior Court tion and Self-Government Improvement Act partment of Justice Appropriations Author- of the District of Columbia, $121,251,000, of of 1997, $256,724,000, of which not to exceed ization Act (Public Law 107–273; 28 U.S.C. 133 which not to exceed $2,500 is for official re- $2,000 is for official reception and representa- note), is amended— ception and representation expenses; for the tion expenses related to Community Super- (1) in the first sentence by striking ‘‘16 District of Columbia Court System, vision and Pretrial Services Agency pro- years’’ and inserting ‘‘17 years’’; $71,909,000, of which not to exceed $2,500 is for grams, and of which not to exceed $25,000 is (2) in the second sentence (relating to the official reception and representation ex- for dues and assessments relating to the im- central District of California), by striking penses; and $38,400,000, to remain available plementation of the Court Services and Of- ‘‘15 years and 6 months’’ and inserting ‘‘16 until September 30, 2020, for capital improve- fender Supervision Agency Interstate Super- years and 6 months’’; and ments for District of Columbia courthouse vision Act of 2002: Provided, That, of the

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funds appropriated under this heading, FEDERAL PAYMENT FOR THE DISTRICT OF ized by 5 U.S.C. 591 et seq., $3,100,000, to re- $183,166,000 shall be for necessary expenses of COLUMBIA NATIONAL GUARD main available until September 30, 2020, of Community Supervision and Sex Offender For a Federal payment to the District of which not to exceed $1,000 is for official re- Registration, to include expenses relating to Columbia National Guard, $435,000, to remain ception and representation expenses. the supervision of adults subject to protec- available until expended for the Major Gen- COMMODITY FUTURES TRADING COMMISSION tion orders or the provision of services for or eral David F. Wherley, Jr. District of Colum- For necessary expenses to carry out the related to such persons, of which $5,919,000 bia National Guard Retention and College provisions of the Commodity Exchange Act shall remain available until September 30, Access Program. 2021 for costs associated with relocation (7 U.S.C. 1 et seq.), including the purchase FEDERAL PAYMENT FOR TESTING AND under a replacement lease for headquarters and hire of passenger motor vehicles, and the TREATMENT OF HIV/AIDS offices, field offices, and related facilities: rental of space (to include multiple year For a Federal payment to the District of Provided further, That, of the funds appro- leases), in the District of Columbia and else- Columbia for the testing of individuals for, priated under this heading, $73,558,000 shall where, $281,500,000, including not to exceed and the treatment of individuals with, be available to the Pretrial Services Agency, $3,000 for official reception and representa- human immunodeficiency virus and acquired of which $7,304,000 shall remain available tion expenses, and not to exceed $25,000 for immunodeficiency syndrome in the District until September 30, 2021 for costs associated the expenses for consultations and meetings of Columbia, $2,000,000. with relocation under a replacement lease hosted by the Commission with foreign gov- for headquarters offices, field offices, and re- DISTRICT OF COLUMBIA FUNDS ernmental and other regulatory officials, of lated facilities: Provided further, That not- Local funds are appropriated for the Dis- which not less than $57,000,000, to remain withstanding any other provision of law, all trict of Columbia for the current fiscal year available until September 30, 2020, shall be amounts under this heading shall be appor- out of the General Fund of the District of for the purchase of information technology tioned quarterly by the Office of Manage- Columbia (‘‘General Fund’’) for programs and of which not less than $3,302,509 shall be ment and Budget and obligated and expended and activities set forth under the heading for expenses of the Office of the Inspector in the same manner as funds appropriated ‘‘PART A—SUMMARY OF EXPENSES’’ and at the General: Provided, That notwithstanding the for salaries and expenses of other Federal rate set forth under such heading, as in- limitations in 31 U.S.C. 1553, amounts pro- agencies: Provided further, That amounts cluded in the Fiscal Year 2019 Budget Re- vided under this heading are available for under this heading may be used for pro- quest Act of 2018 submitted to Congress by the liquidation of obligations equal to cur- grammatic incentives for defendants to suc- the District of Columbia, as amended as of rent year payments on leases entered into cessfully complete their terms of super- the date of enactment of this Act: Provided, prior to the date of enactment of this Act: vision. That notwithstanding any other provision of Provided further, That for the purpose of re- law, except as provided in section 450A of the cording and liquidating any lease obligations FEDERAL PAYMENT TO THE DISTRICT OF that should have been recorded and liq- COLUMBIA PUBLIC DEFENDER SERVICE District of Columbia Home Rule Act (section 1–204.50a, D.C. Official Code), sections 816 and uidated against accounts closed pursuant to For salaries and expenses, including the 817 of the Financial Services and General 31 U.S.C. 1552, and consistent with the pre- transfer and hire of motor vehicles, of the Government Appropriations Act, 2009 (secs. ceding proviso, such amounts shall be trans- District of Columbia Public Defender Serv- 47–369.01 and 47–369.02, D.C. Official Code), ferred to and recorded in a no-year account ice, as authorized by the National Capital and provisions of this Act, the total amount in the Treasury, which has been established Revitalization and Self-Government Im- appropriated in this Act for operating ex- for the sole purpose of recording adjustments provement Act of 1997, $45,858,000, of which penses for the District of Columbia for fiscal for and liquidating such unpaid obligations. $4,471,000 shall be available until September year 2019 under this heading shall not exceed CONSUMER PRODUCT SAFETY COMMISSION 30, 2021 for costs associated with relocation the estimates included in the Fiscal Year SALARIES AND EXPENSES under a replacement lease for headquarters 2019 Budget Request Act of 2018 submitted to offices, field offices, and related facilities: Congress by the District of Columbia, as For necessary expenses of the Consumer Provided, That notwithstanding any other amended as of the date of enactment of this Product Safety Commission, including hire provision of law, all amounts under this Act or the sum of the total revenues of the of passenger motor vehicles, services as au- heading shall be apportioned quarterly by District of Columbia for such fiscal year: thorized by 5 U.S.C. 3109, but at rates for in- the Office of Management and Budget and Provided further, That the amount appro- dividuals not to exceed the per diem rate obligated and expended in the same manner priated may be increased by proceeds of one- equivalent to the maximum rate payable as funds appropriated for salaries and ex- time transactions, which are expended for under 5 U.S.C. 5376, purchase of nominal penses of Federal agencies. emergency or unanticipated operating or awards to recognize non-Federal officials’ FEDERAL PAYMENT TO THE CRIMINAL JUSTICE capital needs: Provided further, That such in- contributions to Commission activities, and COORDINATING COUNCIL creases shall be approved by enactment of not to exceed $4,000 for official reception and representation expenses, $126,000,000. For a Federal payment to the Criminal local District law and shall comply with all Justice Coordinating Council, $2,150,000, to reserve requirements contained in the Dis- ADMINISTRATIVE PROVISIONS—CONSUMER remain available until expended, to support trict of Columbia Home Rule Act: Provided PRODUCT SAFETY COMMISSION initiatives related to the coordination of further, That the Chief Financial Officer of SEC. 501. During fiscal year 2019, none of Federal and local criminal justice resources the District of Columbia shall take such the amounts made available by this Act may in the District of Columbia. steps as are necessary to assure that the Dis- be used to finalize or implement the Safety trict of Columbia meets these requirements, FEDERAL PAYMENT FOR JUDICIAL COMMISSIONS Standard for Recreational Off-Highway Vehi- including the apportioning by the Chief Fi- cles published by the Consumer Product For a Federal payment, to remain avail- nancial Officer of the appropriations and Safety Commission in the Federal Register able until September 30, 2020, to the Commis- funds made available to the District during on November 19, 2014 (79 Fed. Reg. 68964) sion on Judicial Disabilities and Tenure, fiscal year 2019, except that the Chief Finan- until after— $295,000, and for the Judicial Nomination cial Officer may not reprogram for operating (1) the National Academy of Sciences, in Commission, $270,000. expenses any funds derived from bonds, consultation with the National Highway FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT notes, or other obligations issued for capital Traffic Safety Administration and the De- For a Federal payment for a school im- projects. partment of Defense, completes a study to provement program in the District of Colum- FEDERAL PAYMENT TO THE DISTRICT OF determine— bia, $52,500,000, to remain available until ex- COLUMBIA WATER AND SEWER AUTHORITY (A) the technical validity of the lateral pended, for payments authorized under the For a Federal payment to the District of stability and vehicle handling requirements Scholarship for Opportunity and Results Act Columbia Water and Sewer Authority, proposed by such standard for purposes of re- (division C of Public Law 112–10): Provided, $10,000,000, to remain available until ex- ducing the risk of Recreational Off-Highway That, to the extent that funds are available pended, to continue implementation of the Vehicle (referred to in this section as for opportunity scholarships and following Combined Sewer Overflow Long-Term Plan: ‘‘ROV’’) rollovers in the off-road environ- the priorities included in section 3006 of such Provided, That the District of Columbia ment, including the repeatability and repro- Act, the Secretary of Education shall make Water and Sewer Authority provides a 100 ducibility of testing for compliance with scholarships available to students eligible percent match for this payment. such requirements; under section 3013(3) of such Act (Public Law This title may be cited as the ‘‘District of (B) the number of ROV rollovers that 112–10; 125 Stat. 211) including students who Columbia Appropriations Act, 2019’’. would be prevented if the proposed require- were not offered a scholarship during any TITLE V ments were adopted; previous school year: Provided further, That INDEPENDENT AGENCIES (C) whether there is a technical basis for within funds provided for opportunity schol- the proposal to provide information on a arships up to $1,200,000 shall be for the activi- ADMINISTRATIVE CONFERENCE OF THE UNITED point-of-sale hangtag about a ROV’s rollover ties specified in sections 3007(b) through STATES resistance on a progressive scale; and 3007(d) of the Act and up to $500,000 shall be SALARIES AND EXPENSES (D) the effect on the utility of ROVs used for the activities specified in section 3009 of For necessary expenses of the Administra- by the United States military if the proposed the Act. tive Conference of the United States, author- requirements were adopted; and

VerDate Sep 11 2014 03:28 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JY6.020 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE S5158 CONGRESSIONAL RECORD — SENATE July 23, 2018 (2) a report containing the results of the Act of 1971, $71,250,000, of which not to exceed of buildings in the District of Columbia; res- study completed under paragraph (1) is deliv- $5,000 shall be available for reception and toration of leased premises; moving govern- ered to— representation expenses. mental agencies (including space adjust- (A) the Committee on Commerce, Science, FEDERAL LABOR RELATIONS AUTHORITY ments and telecommunications relocation and Transportation of the Senate; SALARIES AND EXPENSES expenses) in connection with the assignment, (B) the Committee on Energy and Com- allocation, and transfer of space; contractual For necessary expenses to carry out func- merce of the House of Representatives; services incident to cleaning or servicing tions of the Federal Labor Relations Author- (C) the Committee on Appropriations of buildings, and moving; repair and alteration ity, pursuant to Reorganization Plan Num- the Senate; and of federally owned buildings, including bered 2 of 1978, and the Civil Service Reform (D) the Committee on Appropriations of grounds, approaches, and appurtenances; Act of 1978, including services authorized by the House of Representatives. 5 U.S.C. 3109, and including hire of experts care and safeguarding of sites; maintenance, ELECTION ASSISTANCE COMMISSION and consultants, hire of passenger motor ve- preservation, demolition, and equipment; ac- SALARIES AND EXPENSES hicles, and including official reception and quisition of buildings and sites by purchase, (INCLUDING TRANSFER OF FUNDS) representation expenses (not to exceed $1,500) condemnation, or as otherwise authorized by For necessary expenses to carry out the and rental of conference rooms in the Dis- law; acquisition of options to purchase build- Help America Vote Act of 2002 (Public Law trict of Columbia and elsewhere, $26,200,000: ings and sites; conversion and extension of 107–252), $9,200,000, of which $1,500,000 shall be Provided, That public members of the Fed- federally owned buildings; preliminary plan- transferred to the National Institute of eral Service Impasses Panel may be paid ning and design of projects by contract or Standards and Technology for election re- travel expenses and per diem in lieu of sub- otherwise; construction of new buildings (inform activities authorized under the Help sistence as authorized by law (5 U.S.C. 5703) cluding equipment for such buildings); and America Vote Act of 2002. for persons employed intermittently in the payment of principal, interest, and any other obligations for public buildings acquired by FEDERAL COMMUNICATIONS COMMISSION Government service, and compensation as installment purchase and purchase contract; SALARIES AND EXPENSES authorized by 5 U.S.C. 3109: Provided further, That, notwithstanding 31 U.S.C. 3302, funds in the aggregate amount of $9,633,450,000, of For necessary expenses of the Federal received from fees charged to non-Federal which— Communications Commission, as authorized participants at labor-management relations (1) $1,080,068,000 shall remain available by law, including uniforms and allowances conferences shall be credited to and merged until expended for construction and acquisi- therefor, as authorized by 5 U.S.C. 5901–5902; with this account, to be available without tion (including funds for sites and expenses, not to exceed $4,000 for official reception and further appropriation for the costs of car- and associated design and construction serv- representation expenses; purchase and hire rying out these conferences. ices) as follows: of motor vehicles; special counsel fees; and (A) $767,900,000 shall be for the Department FEDERAL TRADE COMMISSION services as authorized by 5 U.S.C. 3109, of Transportation Lease Purchase Option, $333,118,000, to remain available until ex- SALARIES AND EXPENSES Washington, District of Columbia; pended: Provided, That $333,118,000 of offset- For necessary expenses of the Federal (B) $100,000,000 shall be for the DHS Con- ting collections shall be assessed and col- Trade Commission, including uniforms or al- solidation at St. Elizabeths, Washington, lected pursuant to section 9 of title I of the lowances therefor, as authorized by 5 U.S.C. District of Columbia; Communications Act of 1934, shall be re- 5901–5902; services as authorized by 5 U.S.C. (C) $27,268,000 shall be for the Former tained and used for necessary expenses and 3109; hire of passenger motor vehicles; and Hardesty Federal Complex, Kansas City, Mis- shall remain available until expended: Pro- not to exceed $2,000 for official reception and souri; vided further, That the sum herein appro- representation expenses, $309,700,000, to re- (D) $9,000,000 shall be for the Southeast priated shall be reduced as such offsetting main available until expended: Provided, Federal Center Remediation, Washington, collections are received during fiscal year That not to exceed $300,000 shall be available District of Columbia; and 2019 so as to result in a final fiscal year 2019 for use to contract with a person or persons (E) $175,900,000 shall be for the Calexico appropriation estimated at $0: Provided fur- for collection services in accordance with West Land Port of Entry, Calexico, Cali- ther, That any offsetting collections received the terms of 31 U.S.C. 3718: Provided further, fornia: in excess of $333,118,000 in fiscal year 2019 That, notwithstanding any other provision Provided, That each of the foregoing limits of shall not be available for obligation: Provided of law, not to exceed $136,000,000 of offsetting costs on new construction and acquisition further, That remaining offsetting collec- collections derived from fees collected for projects may be exceeded to the extent that tions from prior years collected in excess of premerger notification filings under the savings are effected in other such projects, the amount specified for collection in each Hart-Scott-Rodino Antitrust Improvements but not to exceed 10 percent of the amounts such year and otherwise becoming available Act of 1976 (15 U.S.C. 18a), regardless of the included in a transmitted prospectus, if re- on October 1, 2018, shall not be available for year of collection, shall be retained and used quired, unless advance approval is obtained obligation: Provided further, That, notwith- for necessary expenses in this appropriation: from the Committees on Appropriations of a standing 47 U.S.C. 309(j)(8)(B), proceeds from Provided further, That, notwithstanding any greater amount; the use of a competitive bidding system that other provision of law, not to exceed (2) $890,419,000 shall remain available until may be retained and made available for obli- $17,000,000 in offsetting collections derived expended for repairs and alterations, includ- gation shall not exceed $130,284,000 for fiscal from fees sufficient to implement and ening associated design and construction serv- year 2019: Provided further, That, of the force the Telemarketing Sales Rule, promul- ices, of which— amount appropriated under this heading, not gated under the Telemarketing and Con- (A) $424,690,000 is for Major Repairs and Al- less than $11,064,000 shall be for the salaries sumer Fraud and Abuse Prevention Act (15 terations; and expenses of the Office of Inspector Gen- U.S.C. 6101 et seq.), shall be credited to this (B) $373,556,000 is for Basic Repairs and Al- eral. account, and be retained and used for nec- terations; and ADMINISTRATIVE PROVISIONS—FEDERAL essary expenses in this appropriation: Pro- (C) $92,173,000 is for Special Emphasis Pro- COMMUNICATIONS COMMISSION vided further, That the sum herein appro- grams, of which— SEC. 510. None of the funds appropriated by priated from the general fund shall be re- (i) $30,000,000 is for Fire and Life Safety; this Act may be used by the Federal Commu- duced as such offsetting collections are re- (ii) $11,500,000 is for Judiciary Capital Secu- nications Commission to modify, amend, or ceived during fiscal year 2019, so as to result rity; and change its rules or regulations for universal in a final fiscal year 2019 appropriation from (iii) $50,673,000 is for Consolidation Activi- service support payments to implement the the general fund estimated at not more than ties: Provided, That consolidation projects February 27, 2004 recommendations of the $156,700,000: Provided further, That none of the result in reduced annual rent paid by the Federal-State Joint Board on Universal funds made available to the Federal Trade tenant agency: Provided further, That no con- Service regarding single connection or pri- Commission may be used to implement sub- solidation project exceed $10,000,000 in costs: mary line restrictions on universal service section (e)(2)(B) of section 43 of the Federal Provided further, That consolidation projects support payments. Deposit Insurance Act (12 U.S.C. 1831t). are approved by each of the committees FEDERAL DEPOSIT INSURANCE CORPORATION GENERAL SERVICES ADMINISTRATION specified in section 3307(a) of title 40, United States Code: Provided further, That pref- OFFICE OF THE INSPECTOR GENERAL REAL PROPERTY ACTIVITIES erence is given to consolidation projects that For necessary expenses of the Office of In- FEDERAL BUILDINGS FUND achieve a utilization rate of 130 usable spector General in carrying out the provi- LIMITATIONS ON AVAILABILITY OF REVENUE square feet or less per person for office space: sions of the Inspector General Act of 1978, (INCLUDING TRANSFERS OF FUNDS) Provided further, That the obligation of funds $42,982,000, to be derived from the Deposit In- Amounts in the Fund, including revenues under this paragraph for consolidation ac- surance Fund or, only when appropriate, the and collections deposited into the Fund, tivities may not be made until 10 days after FSLIC Resolution Fund. shall be available for necessary expenses of a proposed spending plan and explanation for FEDERAL ELECTION COMMISSION real property management and related ac- each project to be undertaken, including es- SALARIES AND EXPENSES tivities not otherwise provided for, including timated savings, has been submitted to the For necessary expenses to carry out the operation, maintenance, and protection of Committees on Appropriations of the House provisions of the Federal Election Campaign federally owned and leased buildings; rental of Representatives and the Senate:

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Provided, That funds made available in this ties; and services as authorized by 5 U.S.C. ASSET PROCEEDS AND SPACE MANAGEMENT or any previous Act in the Federal Buildings 3109; $58,499,000. FUND Fund for Repairs and Alterations shall, for OPERATING EXPENSES For carrying out the purposes of the Fed- prospectus projects, be limited to the For expenses authorized by law, not other- eral Assets Sale and Transfer Act of 2016 amount identified for each project, except wise provided for, for Government-wide ac- (Public Law 114–287), $15,500,000, to be depos- each project in this or any previous Act may tivities associated with utilization and dona- ited into the Asset Proceeds and Space Man- be increased by an amount not to exceed 10 tion of surplus personal property; disposal of agement Fund, to remain available until ex- percent unless advance approval is obtained real property; agency-wide policy direction, pended. from the Committees on Appropriations of a management, and communications; and serv- ENVIRONMENTAL REVIEW IMPROVEMENT FUND greater amount: Provided further, That addi- ices as authorized by 5 U.S.C. 3109; $49,440,000, For necessary expenses of the Environ- tional projects for which prospectuses have of which not less than $26,890,000 is for Real been fully approved may be funded under mental Review Improvement Fund estab- and Personal Property Management and Dis- lished pursuant to 42 U.S.C. 4370m–8(d), this category only if advance approval is ob- posal; and up to $22,550,000 is for the Office of tained from the Committees on Appropria- $6,070,000, to remain available until ex- the Administrator, of which not to exceed pended. tions: Provided further, That the amounts $7,500 is for official reception and representa- ADMINISTRATIVE PROVISIONS—GENERAL provided in this or any prior Act for ‘‘Re- tion expenses. pairs and Alterations’’ may be used to fund SERVICES ADMINISTRATION CIVILIAN BOARD OF CONTRACT APPEALS costs associated with implementing security (INCLUDING TRANSFER OF FUNDS) improvements to buildings necessary to For expenses authorized by law, not otherwise provided for, for the activities associ- SEC. 520. Funds available to the General meet the minimum standards for security in Services Administration shall be available accordance with current law and in compli- ated with the Civilian Board of Contract Ap- peals, $9,301,000. for the hire of passenger motor vehicles. ance with the reprogramming guidelines of SEC. 521. Funds in the Federal Buildings the appropriate Committees of the House OFFICE OF INSPECTOR GENERAL Fund made available for fiscal year 2019 for and Senate: Provided further, That the dif- (INCLUDING TRANSFER OF FUNDS) Federal Buildings Fund activities may be ference between the funds appropriated and For necessary expenses of the Office of In- transferred between such activities only to expended on any projects in this or any prior spector General and service authorized by 5 the extent necessary to meet program re- Act, under the heading ‘‘Repairs and Alter- U.S.C. 3109, $65,000,000: Provided, That not to quirements: Provided, That any proposed ations’’, may be transferred to Basic Repairs exceed $50,000 shall be available for payment transfers shall be approved in advance by the and Alterations or used to fund authorized for information and detection of fraud Committees on Appropriations of the House increases in prospectus projects: Provided against the Government, including payment of Representatives and the Senate. further, That the amount provided in this or for recovery of stolen Government property: SEC. 522. Except as otherwise provided in any prior Act for Basic Repairs and Alter- Provided further, That not to exceed $2,500 this title, funds made available by this Act ations may be used to pay claims against the shall be available for awards to employees of shall be used to transmit a fiscal year 2020 Government arising from any projects under other Federal agencies and private citizens request for United States Courthouse con- the heading ‘‘Repairs and Alterations’’ or in recognition of efforts and initiatives re- struction only if the request: (1) meets the used to fund authorized increases in pro- sulting in enhanced Office of Inspector Gen- design guide standards for construction as spectus projects; eral effectiveness. established and approved by the General (3) $5,418,845,000 for rental of space to re- In addition to the foregoing appropriation, Services Administration, the Judicial Con- main available until expended; and $2,000,000, to remain available until ex- ference of the United States, and the Office (4) $2,244,118,000 for building operations to pended, shall be transferred to the Council of of Management and Budget; (2) reflects the remain available until expended: Provided, the Inspectors General on Integrity and Effi- priorities of the Judicial Conference of the That the total amount of funds made avail- ciency for enhancements to United States as set out in its approved able from this Fund to the General Services www.oversight.gov: Provided, That these Courthouse Project Priorities plan; and (3) Administration shall not be available for ex- amounts shall be in addition to any other includes a standardized courtroom utiliza- penses of any construction, repair, alteration amounts available to the Council of the In- tion study of each facility to be constructed, and acquisition project for which a pro- spectors General on Integrity and Efficiency replaced, or expanded. spectus, if required by 40 U.S.C. 3307(a), has for such purpose. SEC. 523. None of the funds provided in this not been approved, except that necessary ALLOWANCES AND OFFICE STAFF FOR FORMER Act may be used to increase the amount of funds may be expended for each project for PRESIDENTS occupiable square feet, provide cleaning required expenses for the development of a For carrying out the provisions of the Act services, security enhancements, or any proposed prospectus: Provided further, That other service usually provided through the funds available in the Federal Buildings of August 25, 1958 (3 U.S.C. 102 note), and Public Law 95–138, $4,796,000. Federal Buildings Fund, to any agency that Fund may be expended for emergency repairs does not pay the rate per square foot assess- when advance approval is obtained from the FEDERAL CITIZEN SERVICES FUND ment for space and services as determined by Committees on Appropriations: Provided fur- (INCLUDING TRANSFERS OF FUNDS) the General Services Administration in con- ther, That amounts necessary to provide re- For necessary expenses of the Office of sideration of the Public Buildings Amend- imbursable special services to other agencies Products and Programs, including services ments Act of 1972 (Public Law 92–313). under 40 U.S.C. 592(b)(2) and amounts to pro- authorized by 40 U.S.C. 323 and 44 U.S.C. 3604; SEC. 524. From funds made available under vide such reimbursable fencing, lighting, and for necessary expenses in support of the heading Federal Buildings Fund, Limita- guard booths, and other facilities on private interagency projects that enable the Federal tions on Availability of Revenue, claims or other property not in Government owner- Government to enhance its ability to con- against the Government of less than $250,000 ship or control as may be appropriate to en- duct activities electronically, through the arising from direct construction projects and able the United States Secret Service to per- development and implementation of innova- acquisition of buildings may be liquidated form its protective functions pursuant to 18 tive uses of information technology; from savings effected in other construction U.S.C. 3056, shall be available from such rev- $55,000,000, to be deposited into the Federal projects with prior notification to the Com- enues and collections: Provided further, That Citizen Services Fund: Provided, That the mittees on Appropriations of the House of revenues and collections and any other sums previous amount may be transferred to Fed- Representatives and the Senate. accruing to this Fund during fiscal year 2019, eral agencies to carry out the purpose of the SEC. 525. In any case in which the Com- excluding reimbursements under 40 U.S.C. Federal Citizen Services Fund: Provided fur- mittee on Transportation and Infrastructure 592(b)(2), in excess of the aggregate new ther, That the appropriations, revenues, re- of the House of Representatives and the obligational authority authorized for Real imbursements, and collections deposited into Committee on Environment and Public Property Activities of the Federal Buildings the Fund shall be available until expended Works of the Senate adopt a resolution Fund in this Act shall remain in the Fund for necessary expenses of Federal Citizen granting lease authority pursuant to a pro- and shall not be available for expenditure ex- Services and other activities that enable the spectus transmitted to Congress by the Ad- cept as authorized in appropriations Acts. Federal Government to enhance its ability ministrator of the General Services Adminis- GENERAL ACTIVITIES to conduct activities electronically in the tration under 40 U.S.C. 3307, the Adminis- aggregate amount not to exceed $100,000,000: trator shall ensure that the delineated area GOVERNMENT-WIDE POLICY Provided further, That appropriations, reve- of procurement is identical to the delineated For expenses authorized by law, not other- nues, reimbursements, and collections accru- area included in the prospectus for all lease wise provided for, for Government-wide pol- ing to this Fund during fiscal year 2019 in ex- agreements, except that, if the Adminis- icy and evaluation activities associated with cess of such amount shall remain in the trator determines that the delineated area of the management of real and personal prop- Fund and shall not be available for expendi- the procurement should not be identical to erty assets and certain administrative serv- ture except as authorized in appropriations the delineated area included in the pro- ices; Government-wide policy support re- Acts: Provided further, That the transfer au- spectus, the Administrator shall provide an sponsibilities relating to acquisition, travel, thorities provided herein shall be in addition explanatory statement to each of such com- motor vehicles, information technology to any other transfer authority provided in mittees and the Committees on Appropria- management, and related technology activi- this Act. tions of the House of Representatives and

VerDate Sep 11 2014 03:28 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JY6.020 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE S5160 CONGRESSIONAL RECORD — SENATE July 23, 2018 the Senate prior to exercising any lease au- provided by law, and for expenses necessary such purposes: Provided further, That of the thority provided in the resolution. for the review and declassification of docu- total amount made available under this SEC. 526. With respect to each project fund- ments, the activities of the Public Interest heading, $639,018 may be made available for ed under the heading ‘‘Major Repairs and Al- Declassification Board, the operations and strengthening the capacity and capabilities terations’’ or ‘‘Judiciary Capital Security maintenance of the electronic records ar- of the acquisition workforce (as defined by Program’’, and with respect to E-Govern- chives, the hire of passenger motor vehicles, the Office of Federal Procurement Policy ment projects funded under the heading and for uniforms or allowances therefor, as Act, as amended (41 U.S.C. 4001 et seq.)), in- ‘‘Federal Citizen Services Fund’’, the Admin- authorized by law (5 U.S.C. 5901), including cluding the recruitment, hiring, training, istrator of General Services shall submit a maintenance, repairs, and cleaning, and retention of such workforce and infor- spending plan and explanation for each $375,105,000. mation technology in support of acquisition workforce effectiveness or for management project to be undertaken to the Committees OFFICE OF INSPECTOR GENERAL on Appropriations of the House of Represent- solutions to improve acquisition manage- For necessary expenses of the Office of In- atives and the Senate not later than 60 days ment; and in addition $133,483,000 for admin- spector General in carrying out the provi- after the date of enactment of this Act. istrative expenses, to be transferred from the sions of the Inspector General Reform Act of HARRY S TRUMAN SCHOLARSHIP FOUNDATION appropriate trust funds of OPM without re- 2008, Public Law 110–409, 122 Stat. 4302–16 gard to other statutes, including direct pro- SALARIES AND EXPENSES (2008), and the Inspector General Act of 1978 curement of printed materials, for the retire- For payment to the Harry S Truman (5 U.S.C. App.), and for the hire of passenger ment and insurance programs: Provided fur- Scholarship Foundation Trust Fund, estab- motor vehicles, $4,801,000. ther, That the provisions of this appropria- lished by section 10 of Public Law 93–642, REPAIRS AND RESTORATION tion shall not affect the authority to use ap- $1,000,000, to remain available until ex- For the repair, alteration, and improve- plicable trust funds as provided by sections pended. ment of archives facilities, and to provide 8348(a)(1)(B), 8958(f)(2)(A), 8988(f)(2)(A), and MERIT SYSTEMS PROTECTION BOARD adequate storage for holdings, $7,500,000, to 9004(f)(2)(A) of title 5, United States Code: SALARIES AND EXPENSES remain available until expended. Provided further, That no part of this appropriation shall be available for salaries and (INCLUDING TRANSFER OF FUNDS) NATIONAL HISTORICAL PUBLICATIONS AND expenses of the Legal Examining Unit of For necessary expenses to carry out func- RECORDS COMMISSION OPM established pursuant to Executive tions of the Merit Systems Protection Board GRANTS PROGRAM Order No. 9358 of July 1, 1943, or any suc- pursuant to Reorganization Plan Numbered 2 For necessary expenses for allocations and cessor unit of like purpose: Provided further, of 1978, the Civil Service Reform Act of 1978, grants for historical publications and records That the President’s Commission on White and the Whistleblower Protection Act of 1989 as authorized by 44 U.S.C. 2504, $6,000,000, to House Fellows, established by Executive (5 U.S.C. 5509 note), including services as au- remain available until expended. Order No. 11183 of October 3, 1964, may, dur- thorized by 5 U.S.C. 3109, rental of conference ing fiscal year 2019, accept donations of NATIONAL CREDIT UNION ADMINISTRATION rooms in the District of Columbia and else- money, property, and personal services: Pro- where, hire of passenger motor vehicles, di- COMMUNITY DEVELOPMENT REVOLVING LOAN vided further, That such donations, including rect procurement of survey printing, and not FUND those from prior years, may be used for the to exceed $2,000 for official reception and rep- For the Community Development Revolv- development of publicity materials to pro- resentation expenses, $44,490,000, to remain ing Loan Fund program as authorized by 42 vide information about the White House Fel- available until September 30, 2020, and in ad- U.S.C. 9812, 9822 and 9910, $2,000,000 shall be lows, except that no such donations shall be dition not to exceed $2,345,000, to remain available until September 30, 2020, for tech- accepted for travel or reimbursement of available until September 30, 2020, for admin- nical assistance to low-income designated travel expenses, or for the salaries of em- istrative expenses to adjudicate retirement credit unions. ployees of such Commission. appeals to be transferred from the Civil OFFICE OF GOVERNMENT ETHICS OFFICE OF INSPECTOR GENERAL Service Retirement and Disability Fund in SALARIES AND EXPENSES amounts determined by the Merit Systems SALARIES AND EXPENSES Protection Board. For necessary expenses to carry out func- (INCLUDING TRANSFER OF TRUST FUNDS) MORRIS K. UDALL AND STEWART L. UDALL tions of the Office of Government Ethics pur- For necessary expenses of the Office of In- FOUNDATION suant to the Ethics in Government Act of spector General in carrying out the provi- 1978, the Ethics Reform Act of 1989, and the sions of the Inspector General Act of 1978, in- MORRIS K. UDALL AND STEWART L. UDALL Stop Trading on Congressional Knowledge cluding services as authorized by 5 U.S.C. TRUST FUND Act of 2012, including services as authorized 3109, hire of passenger motor vehicles, (INCLUDING TRANSFER OF FUNDS) by 5 U.S.C. 3109, rental of conference rooms $5,000,000, and in addition, not to exceed For payment to the Morris K. Udall and in the District of Columbia and elsewhere, $25,265,000 for administrative expenses to Stewart L. Udall Trust Fund, pursuant to hire of passenger motor vehicles, and not to audit, investigate, and provide other over- the Morris K. Udall and Stewart L. Udall exceed $1,500 for official reception and rep- sight of the Office of Personnel Manage- Foundation Act (20 U.S.C. 5601 et seq.), resentation expenses, $16,439,000. ment’s retirement and insurance programs, $1,875,000, to remain available until ex- OFFICE OF PERSONNEL MANAGEMENT to be transferred from the appropriate trust pended, of which, notwithstanding sections 8 funds of the Office of Personnel Manage- SALARIES AND EXPENSES and 9 of such Act: (1) up to $50,000 shall be ment, as determined by the Inspector Gen- used to conduct financial audits pursuant to (INCLUDING TRANSFER OF TRUST FUNDS) eral: Provided, That the Inspector General is the Accountability of Tax Dollars Act of 2002 For necessary expenses to carry out func- authorized to rent conference rooms in the (Public Law 107–289); and (2) up to $1,000,000 tions of the Office of Personnel Management District of Columbia and elsewhere. shall be available to carry out the activities (OPM) pursuant to Reorganization Plan OFFICE OF SPECIAL COUNSEL authorized by section 6(7) of Public Law 102– Numbered 2 of 1978 and the Civil Service Re- SALARIES AND EXPENSES 259 and section 817(a) of Public Law 106–568 form Act of 1978, including services as au- For necessary expenses to carry out func- (20 U.S.C. 5604(7)): Provided, That of the total thorized by 5 U.S.C. 3109; medical examinations of the Office of Special Counsel pursu- amount made available under this heading tions performed for veterans by private phy- ant to Reorganization Plan Numbered 2 of $200,000 shall be transferred to the Office of sicians on a fee basis; rental of conference 1978, the Civil Service Reform Act of 1978 Inspector General of the Department of the rooms in the District of Columbia and else- (Public Law 95–454), the Whistleblower Pro- Interior, to remain available until expended, where; hire of passenger motor vehicles; not tection Act of 1989 (Public Law 101–12) as for audits and investigations of the Morris K. to exceed $2,500 for official reception and rep- amended by Public Law 107–304, the Whistle- Udall and Stewart L. Udall Foundation, con- resentation expenses; advances for reim- blower Protection Enhancement Act of 2012 sistent with the Inspector General Act of bursements to applicable funds of OPM and (Public Law 112–199), and the Uniformed 1978 (5 U.S.C. App.). the Federal Bureau of Investigation for ex- Services Employment and Reemployment ENVIRONMENTAL DISPUTE RESOLUTION FUND penses incurred under Executive Order No. Rights Act of 1994 (Public Law 103–353), in- For payment to the Environmental Dis- 10422 of January 9, 1953, as amended; and pay- cluding services as authorized by 5 U.S.C. pute Resolution Fund to carry out activities ment of per diem and/or subsistence allow- 3109, payment of fees and expenses for wit- authorized in the Environmental Policy and ances to employees where Voting Rights Act nesses, rental of conference rooms in the Dis- Conflict Resolution Act of 1998, $3,200,000, to activities require an employee to remain trict of Columbia and elsewhere, and hire of remain available until expended. overnight at his or her post of duty, passenger motor vehicles; $26,535,000. $132,172,000: Provided, That of the total POSTAL REGULATORY COMMISSION NATIONAL ARCHIVES AND RECORDS amount made available under this heading, ADMINISTRATION not to exceed $14,000,000 shall remain avail- SALARIES AND EXPENSES OPERATING EXPENSES able until September 30, 2020, for information (INCLUDING TRANSFER OF FUNDS) For necessary expenses in connection with technology infrastructure modernization and For necessary expenses of the Postal Regu- the administration of the National Archives Trust Fund Federal Financial System migra- latory Commission in carrying out the provi- and Records Administration and archived tion or modernization, and shall be in addi- sions of the Postal Accountability and En- Federal records and related activities, as tion to funds otherwise made available for hancement Act (Public Law 109–435),

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$15,200,000, to be derived by transfer from the curities exchange or national securities asso- OFFICE OF ADVOCACY Postal Service Fund and expended as author- ciation under section 31 of the Securities Ex- For necessary expenses of the Office of Ad- ized by section 603(a) of such Act. change Act of 1934 (15 U.S.C. 78ee) in fiscal vocacy in carrying out the provisions of title PRIVACY AND CIVIL LIBERTIES OVERSIGHT year 2019. II of Public Law 94–305 (15 U.S.C. 634a et seq.) BOARD SELECTIVE SERVICE SYSTEM and the Regulatory Flexibility Act of 1980 (5 SALARIES AND EXPENSES SALARIES AND EXPENSES U.S.C. 601 et seq.), $9,120,000, to remain available until expended. For necessary expenses of the Privacy and For necessary expenses of the Selective BUSINESS LOANS PROGRAM ACCOUNT Civil Liberties Oversight Board, as author- Service System, including expenses of at- ized by section 1061 of the Intelligence Re- tendance at meetings and of training for uni- (INCLUDING TRANSFER OF FUNDS) form and Terrorism Prevention Act of 2004 formed personnel assigned to the Selective For the cost of direct loans, $4,000,000, to (42 U.S.C. 2000ee), $5,000,000, to remain avail- Service System, as authorized by 5 U.S.C. remain available until expended: Provided, able until September 30, 2020. 4101–4118 for civilian employees; hire of pas- That such costs, including the cost of modi- SECURITIES AND EXCHANGE COMMISSION senger motor vehicles; services as authorized fying such loans, shall be as defined in sec- by 5 U.S.C. 3109; and not to exceed $750 for of- tion 502 of the Congressional Budget Act of SALARIES AND EXPENSES ficial reception and representation expenses; 1974: Provided further, That subject to section For necessary expenses for the Securities $26,000,000: Provided, That during the current 502 of the Congressional Budget Act of 1974, and Exchange Commission, including serv- fiscal year, the President may exempt this during fiscal year 2019 commitments to guar- ices as authorized by 5 U.S.C. 3109, the rental appropriation from the provisions of 31 antee loans under section 503 of the Small of space (to include multiple year leases) in U.S.C. 1341, whenever the President deems Business Investment Act of 1958 shall not ex- the District of Columbia and elsewhere, and such action to be necessary in the interest of ceed $7,500,000,000: Provided further, That dur- not to exceed $3,500 for official reception and national defense: Provided further, That none ing fiscal year 2019 commitments for general representation expenses, $1,658,302,000, to re- of the funds appropriated by this Act may be business loans authorized under section 7(a) main available until expended; of which not expended for or in connection with the in- of the Small Business Act shall not exceed less than $15,206,269 shall be for the Office of duction of any person into the Armed Forces $30,000,000,000 for a combination of amor- Inspector General; of which not to exceed of the United States. tizing term loans and the aggregated max- $75,000 shall be available for a permanent imum line of credit provided by revolving SMALL BUSINESS ADMINISTRATION secretariat for the International Organiza- loans: Provided further, That during fiscal tion of Securities Commissions; and of which SALARIES AND EXPENSES year 2019 commitments for loans authorized not to exceed $100,000 shall be available for For necessary expenses, not otherwise pro- under subparagraph (C) of section 502(7) of expenses for consultations and meetings vided for, of the Small Business Administra- The Small Business Investment Act of 1958 hosted by the Commission with foreign gov- tion, including hire of passenger motor vehi- (15 U.S.C. 696(7)) shall not exceed ernmental and other regulatory officials, cles as authorized by sections 1343 and 1344 of $7,500,000,000: Provided further, That during members of their delegations and staffs to title 31, United States Code, and not to ex- fiscal year 2019 commitments to guarantee exchange views concerning securities mat- ceed $3,500 for official reception and rep- loans for debentures under section 303(b) of ters, such expenses to include necessary lo- resentation expenses, $267,500,000, of which the Small Business Investment Act of 1958 gistic and administrative expenses and the not less than $12,000,000 shall be available for shall not exceed $4,000,000,000: Provided fur- expenses of Commission staff and foreign examinations, reviews, and other lender ther, That during fiscal year 2019, guarantees invitees in attendance including: (1) inci- oversight activities: Provided, That the Ad- of trust certificates authorized by section dental expenses such as meals; (2) travel and ministrator is authorized to charge fees to 5(g) of the Small Business Act shall not ex- transportation; and (3) related lodging or cover the cost of publications developed by ceed a principal amount of $12,000,000,000. In subsistence; and of which not less than the Small Business Administration, and cer- addition, for administrative expenses to $75,081,000 shall be for the Division of Eco- tain loan program activities, including fees carry out the direct and guaranteed loan nomic and Risk Analysis. authorized by section 5(b) of the Small Busi- programs, $155,150,000, which may be trans- In addition to the foregoing appropriation, ness Act: Provided further, That, notwith- ferred to and merged with the appropriations for costs associated with relocation under a standing 31 U.S.C. 3302, revenues received for Salaries and Expenses. replacement lease for the Commission’s New from all such activities shall be credited to ADMINISTRATIVE PROVISIONS—SMALL BUSINESS York regional office facilities, not to exceed this account, to remain available until ex- ADMINISTRATION $37,188,942, to remain available until expended, for carrying out these purposes with- (INCLUDING TRANSFER OF FUNDS) pended: Provided, That for purposes of calcu- out further appropriations: Provided further, SEC. 530. Not to exceed 5 percent of any ap- lating the fee rate under section 31(j) of the That the Small Business Administration propriation made available for the current Securities Exchange Act of 1934 (15 U.S.C. may accept gifts in an amount not to exceed fiscal year for the Small Business Adminis- 78ee(j)) for fiscal year 2019, all amounts ap- $4,000,000 and may co-sponsor activities, each tration in this Act may be transferred be- propriated under this heading shall be in accordance with section 132(a) of division tween such appropriations, but no such ap- deemed to be the regular appropriation to K of Public Law 108–447, during fiscal year propriation shall be increased by more than the Commission for fiscal year 2019: Provided 2019: Provided further, That $6,100,000 shall be 10 percent by any such transfers: Provided, further, That fees and charges authorized by available for the Loan Modernization and That any transfer pursuant to this paragraph section 31 of the Securities Exchange Act of Accounting System, to be available until shall be treated as a reprogramming of funds 1934 (15 U.S.C. 78ee) shall be credited to this September 30, 2020: Provided further, That under section 608 of this Act and shall not be account as offsetting collections: Provided $3,000,000 shall be for the Federal and State available for obligation or expenditure ex- further, That not to exceed $1,658,302,000 of Technology Partnership Program under sec- cept in compliance with the procedures set such offsetting collections shall be available tion 34 of the Small Business Act (15 U.S.C. forth in that section. until expended for necessary expenses of this 657d). SEC. 531. For loans and loan guarantees account and not to exceed $37,188,942 of such ENTREPRENEURIAL DEVELOPMENT PROGRAMS that do not require budget authority and the offsetting collections shall be available until For necessary expenses of programs sup- program level has been established in this expended for costs under this heading associ- porting entrepreneurial and small business Act, the Administrator of the Small Busi- ated with relocation under a replacement development, $241,600,000, to remain avail- ness Administration may increase the pro- lease for the Commission’s New York re- able until September 30, 2020: Provided, That gram level for such loans and loan guaran- gional office facilities: Provided further, That $130,000,000 shall be available to fund grants tees by not more than 10 percent: Provided, the total amount appropriated under this for performance in fiscal year 2019 or fiscal That prior to the Administrator imple- heading from the general fund for fiscal year year 2020 as authorized by section 21 of the menting such an increase, the Administrator 2019 shall be reduced as such offsetting fees Small Business Act: Provided further, That notifies, in writing, the Committees on Ap- are received so as to result in a final total $31,000,000 shall be for marketing, manage- propriations and Small Business of both fiscal year 2019 appropriation from the gen- ment, and technical assistance under section Houses of Congress at least 30 days in ad- eral fund estimated at not more than $0: Pro- 7(m) of the Small Business Act (15 U.S.C. vance. vided further, That if any amount of the ap- 636(m)(4)) by intermediaries that make propriation for costs associated with reloca- UNITED STATES POSTAL SERVICE microloans under the microloan program: tion under a replacement lease for the Com- PAYMENT TO THE POSTAL SERVICE FUND Provided further, That $18,000,000 shall be mission’s New York regional office facilities For payment to the Postal Service Fund available for grants to States to carry out is subsequently de-obligated by the Commis- for revenue forgone on free and reduced rate export programs that assist small business sion, such amount that was derived from the mail, pursuant to subsections (c) and (d) of concerns authorized under section 22(l) of the general fund shall be returned to the general section 2401 of title 39, United States Code, Small Business Act (15 U.S.C. 649(l)). fund, and such amounts that were derived $55,235,000: Provided, That mail for overseas from fees or assessments collected for such OFFICE OF INSPECTOR GENERAL voting and mail for the blind shall continue purpose shall be paid to each national securi- For necessary expenses of the Office of In- to be free: Provided further, That 6-day deliv- ties exchange and national securities asso- spector General in carrying out the provi- ery and rural delivery of mail shall continue ciation, respectively, in proportion to any sions of the Inspector General Act of 1978, at not less than the 1983 level: Provided fur- fees or assessments paid by such national se- $21,900,000. ther, That none of the funds made available

VerDate Sep 11 2014 03:28 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JY6.020 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE S5162 CONGRESSIONAL RECORD — SENATE July 23, 2018 to the Postal Service by this Act shall be this Act that remain available for obligation date of such request and during the same used to implement any rule, regulation, or or expenditure in fiscal year 2019, or provided presidential administration; or policy of charging any officer or employee of from any accounts in the Treasury derived (2) if such request is required due to ex- any State or local child support enforcement by the collection of fees and available to the traordinary circumstances involving na- agency, or any individual participating in a agencies funded by this Act, shall be avail- tional security. State or local program of child support enable for obligation or expenditure through a SEC. 611. The cost accounting standards forcement, a fee for information requested or reprogramming of funds that: (1) creates a promulgated under chapter 15 of title 41, provided concerning an address of a postal new program; (2) eliminates a program, United States Code shall not apply with re- customer: Provided further, That none of the project, or activity; (3) increases funds or spect to a contract under the Federal Em- funds provided in this Act shall be used to personnel for any program, project, or activ- ployees Health Benefits Program established consolidate or close small rural and other ity for which funds have been denied or re- under chapter 89 of title 5, United States small post offices. stricted by the Congress; (4) proposes to use Code. funds directed for a specific activity by the SEC. 612. For the purpose of resolving liti- OFFICE OF INSPECTOR GENERAL Committee on Appropriations of either the gation and implementing any settlement SALARIES AND EXPENSES House of Representatives or the Senate for a agreements regarding the nonforeign area (INCLUDING TRANSFER OF FUNDS) different purpose; (5) augments existing pro- cost-of-living allowance program, the Office For necessary expenses of the Office of In- grams, projects, or activities in excess of of Personnel Management may accept and spector General in carrying out the provi- $5,000,000 or 10 percent, whichever is less; (6) utilize (without regard to any restriction on sions of the Inspector General Act of 1978, reduces existing programs, projects, or ac- unanticipated travel expenses imposed in an $250,000,000, to be derived by transfer from tivities by $5,000,000 or 10 percent, whichever Appropriations Act) funds made available to the Postal Service Fund and expended as au- is less; or (7) creates or reorganizes offices, the Office of Personnel Management pursu- thorized by section 603(b)(3) of the Postal Ac- programs, or activities unless prior approval ant to court approval. countability and Enhancement Act (Public is received from the Committees on Appro- SEC. 613. No funds appropriated by this Act Law 109–435). priations of the House of Representatives shall be available to pay for an abortion, or and the Senate: Provided, That prior to any the administrative expenses in connection UNITED STATES TAX COURT significant reorganization or restructuring with any health plan under the Federal em- SALARIES AND EXPENSES of offices, programs, or activities, each agen- ployees health benefits program which pro- For necessary expenses, including contract cy or entity funded in this Act shall consult vides any benefits or coverage for abortions. reporting and other services as authorized by with the Committees on Appropriations of SEC. 614. The provision of section 613 shall 5 U.S.C. 3109, $51,515,000, of which $1,000,000 the House of Representatives and the Senate: not apply where the life of the mother would shall remain available until expended: Pro- Provided further, That not later than 60 days be endangered if the fetus were carried to vided, That travel expenses of the judges after the date of enactment of this Act, each term, or the pregnancy is the result of an act shall be paid upon the written certificate of agency funded by this Act shall submit a re- of rape or incest. the judge. port to the Committees on Appropriations of SEC. 615. In order to promote Government TITLE VI the House of Representatives and the Senate access to commercial information tech- to establish the baseline for application of nology, the restriction on purchasing non- GENERAL PROVISIONS—THIS ACT reprogramming and transfer authorities for domestic articles, materials, and supplies set SEC. 601. None of the funds in this Act shall the current fiscal year: Provided further, That forth in chapter 83 of title 41, United States be used for the planning or execution of any at a minimum the report shall include: (1) a Code (popularly known as the Buy American program to pay the expenses of, or otherwise table for each appropriation with a separate Act), shall not apply to the acquisition by compensate, non-Federal parties intervening column to display the President’s budget re- the Federal Government of information in regulatory or adjudicatory proceedings quest, adjustments made by Congress, ad- technology (as defined in section 11101 of funded in this Act. justments due to enacted rescissions, if ap- title 40, United States Code), that is a com- SEC. 602. None of the funds appropriated in propriate, and the fiscal year enacted level; mercial item (as defined in section 103 of this Act shall remain available for obliga- (2) a delineation in the table for each appro- title 41, United States Code). tion beyond the current fiscal year, nor may priation both by object class and program, SEC. 616. Notwithstanding section 1353 of any be transferred to other appropriations, project, and activity as detailed in the budg- title 31, United States Code, no officer or em- unless expressly so provided herein. et appendix for the respective appropriation; ployee of any regulatory agency or commis- SEC. 603. The expenditure of any appropria- and (3) an identification of items of special sion funded by this Act may accept on behalf tion under this Act for any consulting serv- congressional interest: Provided further, That of that agency, nor may such agency or com- ice through procurement contract pursuant the amount appropriated or limited for sala- mission accept, payment or reimbursement to 5 U.S.C. 3109, shall be limited to those ries and expenses for an agency shall be re- from a non-Federal entity for travel, subsist- contracts where such expenditures are a duced by $100,000 per day for each day after ence, or related expenses for the purpose of matter of public record and available for the required date that the report has not enabling an officer or employee to attend public inspection, except where otherwise been submitted to the Congress. and participate in any meeting or similar provided under existing law, or under exist- SEC. 609. Except as otherwise specifically function relating to the official duties of the ing Executive order issued pursuant to exist- provided by law, not to exceed 50 percent of officer or employee when the entity offering ing law. unobligated balances remaining available at payment or reimbursement is a person or en- SEC. 604. None of the funds made available the end of fiscal year 2019 from appropria- tity subject to regulation by such agency or in this Act may be transferred to any depart- tions made available for salaries and ex- commission, or represents a person or entity ment, agency, or instrumentality of the penses for fiscal year 2019 in this Act, shall subject to regulation by such agency or com- United States Government, except pursuant remain available through September 30, 2020, mission, unless the person or entity is an or- to a transfer made by, or transfer authority for each such account for the purposes au- ganization described in section 501(c)(3) of provided in, this Act or any other appropria- thorized: Provided, That a request shall be the Internal Revenue Code of 1986 and ex- tions Act. submitted to the Committees on Appropria- empt from tax under section 501(a) of such SEC. 605. None of the funds made available tions of the House of Representatives and Code. by this Act shall be available for any activ- the Senate for approval prior to the expendi- SEC. 617. Notwithstanding section 708 of ity or for paying the salary of any Govern- ture of such funds: Provided further, That this Act, funds made available to the Com- ment employee where funding an activity or these requests shall be made in compliance modity Futures Trading Commission and the paying a salary to a Government employee with reprogramming guidelines. Securities and Exchange Commission by this would result in a decision, determination, SEC. 610. (a) None of the funds made avail- or any other Act may be used for the inter- rule, regulation, or policy that would pro- able in this Act may be used by the Execu- agency funding and sponsorship of a joint ad- hibit the enforcement of section 307 of the tive Office of the President to request— visory committee to advise on emerging reg- Tariff Act of 1930 (19 U.S.C. 1307). (1) any official background investigation ulatory issues. SEC. 606. No funds appropriated pursuant to report on any individual from the Federal SEC. 618. (a)(1) Notwithstanding any other this Act may be expended by an entity un- Bureau of Investigation; or provision of law, an Executive agency cov- less the entity agrees that in expending the (2) a determination with respect to the ered by this Act otherwise authorized to assistance the entity will comply with chap- treatment of an organization as described in enter into contracts for either leases or the ter 83 of title 41, United States Code. section 501(c) of the Internal Revenue Code construction or alteration of real property SEC. 607. No funds appropriated or other- of 1986 and exempt from taxation under sec- for office, meeting, storage, or other space wise made available under this Act shall be tion 501(a) of such Code from the Department must consult with the General Services Ad- made available to any person or entity that of the Treasury or the Internal Revenue ministration before issuing a solicitation for has been convicted of violating chapter 83 of Service. offers of new leases or construction con- title 41, United States Code. (b) Subsection (a) shall not apply— tracts, and in the case of succeeding leases, SEC. 608. Except as otherwise provided in (1) in the case of an official background in- before entering into negotiations with the this Act, none of the funds provided in this vestigation report, if such individual has current lessor. Act, provided by previous appropriations given express written consent for such re- (2) Any such agency with authority to Acts to the agencies or entities funded in quest not more than 6 months prior to the enter into an emergency lease may do so

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(a) There are appropriated for the cy and budget officials. project and/or program and unless such following activities the amounts required SEC. 624. None of the funds made available awards or incentive fees are consistent with under current law: in this Act may be used in contravention of 16.401(e)(2) of the FAR. (1) Compensation of the President (3 U.S.C. chapter 29, 31, or 33 of title 44, United States SEC. 631. (a) None of the funds made avail- 102). Code. able under this Act may be used to pay for (2) Payments to— SEC. 625. None of the funds made available travel and conference activities that result (A) the Judicial Officers’ Retirement Fund in this Act may be used by a governmental in a total cost to an Executive branch de- (28 U.S.C. 377(o)); entity to require the disclosure by a provider partment, agency, board or commission of (B) the Judicial Survivors’ Annuities Fund of electronic communication service to the more than $500,000 at any single conference (28 U.S.C. 376(c)); and public or remote computing service of the unless the head of the Executive branch de- (C) the United States Court of Federal contents of a wire or electronic communica- partment, agency, board, or commission de- Claims Judges’ Retirement Fund (28 U.S.C. tion that is in electronic storage with the termines that such attendance is in the na- 178(l)). provider (as such terms are defined in sec- tional interest and advance notice is trans- (3) Payment of Government contributions 2510 and 2711 of title 18, United States mitted to the Committees on Appropriations tions— Code) in a manner that violates the Fourth of the House of Representatives and the Sen- (A) with respect to the health benefits of Amendment to the Constitution of the ate that includes the basis of that deter- retired employees, as authorized by chapter United States. mination. 89 of title 5, United States Code, and the Re- SEC. 626. None of the funds appropriated by (b) None of the funds made available under tired Federal Employees Health Benefits Act this Act may be used by the Federal Commu- this Act may be used to pay for the travel to (74 Stat. 849); and nications Commission to modify, amend, or or attendance of more than 50 employees, who are stationed in the United States, at (B) with respect to the life insurance bene- change the rules or regulations of the Com- any single conference occurring outside the fits for employees retiring after December mission for universal service high-cost sup- United States unless the head of the Execu- 31, 1989 (5 U.S.C. ch. 87). port for competitive eligible telecommuni- tive branch department, agency, board, or (4) Payment to finance the unfunded liabil- cations carriers in a way that is inconsistent commission determines that such attendance ity of new and increased annuity benefits with paragraph (e)(5) or (e)(6) of section 54.307 of title 47, Code of Federal Regula- is in the national interest and advance no- under the Civil Service Retirement and Dis- tice is transmitted to the Committees on Ap- ability Fund (5 U.S.C. 8348). tions, as in effect on July 15, 2015: Provided, That this section shall not prohibit the Com- propriations of the House of Representatives (5) Payment of annuities authorized to be and the Senate that includes the basis of paid from the Civil Service Retirement and mission from considering, developing, or adopting other support mechanisms as an al- that determination. Disability Fund by statutory provisions SEC. 632. (a) None of the funds appropriated ternative to Mobility Fund Phase II. other than subchapter III of chapter 83 or or otherwise made available under this Act chapter 84 of title 5, United States Code. SEC. 627. No funds provided in this Act shall be used to deny an Inspector General may be used by departments and agencies (b) Nothing in this section may be con- funded in this Act to acquire telecommuni- strued to exempt any amount appropriated funded under this Act timely access to any records, documents, or other materials avail- cations equipment produced by Huawei Tech- by this section from any otherwise applica- nologies Company, ZTE Corporation or a ble limitation on the use of funds contained able to the department or agency over which that Inspector General has responsibilities high-impact or moderate-impact information in this Act. system, as defined for security categoriza- under the Inspector General Act of 1978, or to SEC. 620. In addition to amounts made tion in the National Institute of Standards prevent or impede that Inspector General’s available in prior fiscal years, the Public and Technology’s (NIST) Federal Informa- access to such records, documents, or other Company Accounting Oversight Board tion Processing Standard Publication 199, materials, under any provision of law, except (Board) shall have authority to obligate ‘‘Standards for Security Categorization of a provision of law that expressly refers to funds for the scholarship program estab- Federal Information and Information Sys- the Inspector General and expressly limits lished by section 109(c)(2) of the Sarbanes- tems’’ unless the agency has— the Inspector General’s right of access. A de- Oxley Act of 2002 (Public Law 107–204) in an (1) reviewed the supply chain risk for the partment or agency covered by this section aggregate amount not exceeding the amount information systems against criteria devel- shall provide its Inspector General with ac- of funds collected by the Board between Jan- oped by NIST to inform acquisition decisions cess to all such records, documents, and uary 1, 2018 and December 31, 2018, including for high-impact and moderate-impact infor- accrued interest, as a result of the assess- other materials in a timely manner. Each In- mation systems within the Federal Govern- ment of monetary penalties. Funds available spector General shall ensure compliance ment; for obligation in fiscal year 2019 shall remain with statutory limitations on disclosure rel- (2) reviewed the supply chain risk from the available until expended. evant to the information provided by the es- presumptive awardee against available and SEC. 621. None of the funds made available tablishment over which that Inspector Gen- in this Act may be used by the Federal Trade eral has responsibilities under the Inspector relevant threat information provided by the Commission to complete the draft report en- General Act of 1978. Each Inspector General Federal Bureau of Investigation and other titled ‘‘Interagency Working Group on Food covered by this section shall report to the appropriate agencies; and Marketed to Children: Preliminary Proposed Committees on Appropriations of the House (3) in consultation with the Federal Bureau Nutrition Principles to Guide Industry Self- of Representatives and the Senate within 5 of Investigation or other appropriate Federal Regulatory Efforts’’ unless the Interagency calendar days any failures to comply with entity, conducted an assessment of any risk Working Group on Food Marketed to Chil- this requirement. of cyber-espionage or sabotage associated dren complies with Executive Order No. SEC. 628. (a) None of the funds made avail- with the acquisition of such system, includ- 13563. able in this Act may be used to maintain or ing any risk associated with such system SEC. 622. None of the funds in this Act may establish a computer network unless such being produced, manufactured, or assembled be used for the Director of the Office of Per- network blocks the viewing, downloading, by one or more entities identified by the sonnel Management to award a contract, and exchanging of pornography. United States Government as posing a cyber enter an extension of, or exercise an option (b) Nothing in subsection (a) shall limit threat, including but not limited to, those on a contract to a contractor conducting the the use of funds necessary for any Federal, that may be owned, directed, or subsidized final quality review processes for back- State, tribal, or local law enforcement agen- by the People’s Republic of China, the Is- ground investigation fieldwork services or cy or any other entity carrying out criminal lamic Republic of Iran, the Democratic Peo- background investigation support services investigations, prosecution, adjudication ac- ple’s Republic of Korea, or the Russian Fed- that, as of the date of the award of the con- tivities, or other law enforcement- or victim eration. tract, are being conducted by that con- assistance-related activity. (b) None of the funds appropriated or oth- tractor. SEC. 629. None of the funds made available erwise made available under this Act may be SEC. 623. (a) The head of each executive by this Act shall be used by the Securities used to acquire a high-impact or moderate branch agency funded by this Act shall en- and Exchange Commission to finalize, issue, impact information system reviewed and assure that the Chief Information Officer of or implement any rule, regulation, or order sessed under subsection (a) unless the head the agency has the authority to participate regarding the disclosure of political con- of the assessing entity described in sub- in decisions regarding the budget planning tributions, contributions to tax exempt orga- section (a) has— process related to information technology. nizations, or dues paid to trade associations. (1) developed, in consultation with NIST (b) Amounts appropriated for any execu- SEC. 630. None of the funds appropriated or and supply chain risk management experts, a tive branch agency funded by this Act that other-wise made available by this Act may mitigation strategy for any identified risks;

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(2) determined, in consultation with NIST SEC. 703. Appropriations of the executive including any such programs adopted prior and the Federal Bureau of Investigation, departments and independent establishments to the effective date of the Executive order. that the acquisition of such system is in the for the current fiscal year available for ex- (2) Other Federal agency environmental vital national security interest of the United penses of travel, or for the expenses of the management programs, including, but not States; and activity concerned, are hereby made avail- limited to, the development and implemen- (3) reported that determination to the able for quarters allowances and cost-of-liv- tation of hazardous waste management and Committees on Appropriations of the House ing allowances, in accordance with 5 U.S.C. pollution prevention programs. of Representatives and the Senate in a man- 5922–5924. (3) Other employee programs as authorized ner that identifies the system intended for SEC. 704. Unless otherwise specified in law by law or as deemed appropriate by the head acquisition and a detailed description of the during the current fiscal year, no part of any of the Federal agency. appropriation contained in this or any other mitigation strategies identified in (1), pro- SEC. 707. Funds made available by this or vided that such report may include a classi- Act shall be used to pay the compensation of any other Act for administrative expenses in any officer or employee of the Government fied annex as necessary. the current fiscal year of the corporations of the United States (including any agency SEC. 633. None of the funds made available and agencies subject to chapter 91 of title 31, the majority of the stock of which is owned by this Act shall be used for airline accom- United States Code, shall be available, in ad- by the Government of the United States) modations for any officer (as defined in sec- dition to objects for which such funds are whose post of duty is in the continental tion 2104 of title 5, United States Code) or otherwise available, for rent in the District United States unless such person: (1) is a cit- employee (as defined in section 2105 of title of Columbia; services in accordance with 5 izen of the United States; (2) is a person who 5, United States Code) in the executive U.S.C. 3109; and the objects specified under is lawfully admitted for permanent residence branch that are not coach-class accommoda- this head, all the provisions of which shall be and is seeking citizenship as outlined in 8 tions (which term is defined, for purposes of applicable to the expenditure of such funds this section, as the basic class of accommo- U.S.C. 1324b(a)(3)(B); (3) is a person who is admitted as a refugee under 8 U.S.C. 1157 or unless otherwise specified in the Act by dation by airlines that is normally the low- which they are made available: Provided, est fare offered regardless of airline termi- is granted asylum under 8 U.S.C. 1158 and has filed a declaration of intention to become a That in the event any functions budgeted as nology used, and (as referred to by airlines) administrative expenses are subsequently may include tourist class or economy class, lawful permanent resident and then a citizen when eligible; or (4) is a person who owes al- transferred to or paid from other funds, the as well as single class when the airline offers limitations on administrative expenses shall only one class of accommodations to all legiance to the United States: Provided, That for purposes of this section, affidavits signed be correspondingly reduced. travelers), unless such accommodations are by any such person shall be considered prima SEC. 708. No part of any appropriation con- consistent with section 301–10.123 of title 41, facie evidence that the requirements of this tained in this or any other Act shall be Code of Federal Regulations (as in effect on section with respect to his or her status are available for interagency financing of boards the date of enactment of this Act) and, with being complied with: Provided further, That (except Federal Executive Boards), commis- respect to subsection (a)(3) and (b)(2) of such for purposes of subsections (2) and (3) such sions, councils, committees, or similar section, written authorization is provided by affidavits shall be submitted prior to em- groups (whether or not they are interagency the head of the agency (or, if the accom- ployment and updated thereafter as nec- entities) which do not have a prior and spe- modations are for the head of the agency, by essary: Provided further, That any person cific statutory approval to receive financial the Inspector General of the agency). making a false affidavit shall be guilty of a support from more than one agency or in- TITLE VII felony, and upon conviction, shall be fined no strumentality. GENERAL PROVISIONS—GOVERNMENT- more than $4,000 or imprisoned for not more SEC. 709. None of the funds made available WIDE than 1 year, or both: Provided further, That pursuant to the provisions of this or any DEPARTMENTS, AGENCIES, AND CORPORATIONS the above penal clause shall be in addition other Act shall be used to implement, admin- to, and not in substitution for, any other (INCLUDING TRANSFER OF FUNDS) ister, or enforce any regulation which has provisions of existing law: Provided further, been disapproved pursuant to a joint resolu- SEC. 701. No department, agency, or instru- That any payment made to any officer or tion duly adopted in accordance with the ap- mentality of the United States receiving ap- employee contrary to the provisions of this plicable law of the United States. propriated funds under this or any other Act section shall be recoverable in action by the for fiscal year 2019 shall obligate or expend SEC. 710. During the period in which the Federal Government: Provided further, That head of any department or agency, or any any such funds, unless such department, this section shall not apply to any person agency, or instrumentality has in place, and other officer or civilian employee of the Fed- who is an officer or employee of the Govern- eral Government appointed by the President will continue to administer in good faith, a ment of the United States on the date of en- written policy designed to ensure that all of of the United States, holds office, no funds actment of this Act, or to international may be obligated or expended in excess of its workplaces are free from the illegal use, broadcasters employed by the Broadcasting possession, or distribution of controlled sub- $5,000 to furnish or redecorate the office of Board of Governors, or to temporary employ- such department head, agency head, officer, stances (as defined in the Controlled Sub- ment of translators, or to temporary em- stances Act (21 U.S.C. 802)) by the officers or employee, or to purchase furniture or ployment in the field service (not to exceed make improvements for any such office, un- and employees of such department, agency, 60 days) as a result of emergencies: Provided or instrumentality. less advance notice of such furnishing or re- further, That this section does not apply to decoration is transmitted to the Committees SEC. 702. Unless otherwise specifically pro- the employment as Wildland firefighters for on Appropriations of the House of Represent- vided, the maximum amount allowable dur- not more than 120 days of nonresident aliens ing the current fiscal year in accordance atives and the Senate. For the purposes of employed by the Department of the Interior this section, the term ‘‘office’’ shall include with subsection 1343(c) of title 31, United or the USDA Forest Service pursuant to an States Code, for the purchase of any pas- the entire suite of offices assigned to the in- agreement with another country. dividual, as well as any other space used pri- senger motor vehicle (exclusive of buses, am- SEC. 705. Appropriations available to any marily by the individual or the use of which bulances, law enforcement vehicles, protec- department or agency during the current fis- is directly controlled by the individual. tive vehicles, and undercover surveillance cal year for necessary expenses, including vehicles), is hereby fixed at $19,947 except maintenance or operating expenses, shall SEC. 711. Notwithstanding 31 U.S.C. 1346, or station wagons for which the maximum shall also be available for payment to the General section 708 of this Act, funds made available be $19,997: Provided, That these limits may be Services Administration for charges for for the current fiscal year by this or any exceeded by not to exceed $7,250 for police- space and services and those expenses of ren- other Act shall be available for the inter- type vehicles: Provided further, That the lim- ovation and alteration of buildings and fa- agency funding of national security and its set forth in this section may not be ex- cilities which constitute public improve- emergency preparedness telecommunications ceeded by more than 5 percent for electric or ments performed in accordance with the initiatives which benefit multiple Federal hybrid vehicles purchased for demonstration Public Buildings Act of 1959 (73 Stat. 479), departments, agencies, or entities, as pro- under the provisions of the Electric and Hy- the Public Buildings Amendments of 1972 (86 vided by Executive Order No. 13618 (July 6, brid Vehicle Research, Development, and Stat. 216), or other applicable law. 2012). Demonstration Act of 1976: Provided further, SEC. 706. In addition to funds provided in SEC. 712. (a) None of the funds made avail- That the limits set forth in this section may this or any other Act, all Federal agencies able by this or any other Act may be obli- be exceeded by the incremental cost of clean are authorized to receive and use funds re- gated or expended by any department, agen- alternative fuels vehicles acquired pursuant sulting from the sale of materials, including cy, or other instrumentality of the Federal to Public Law 101–549 over the cost of com- Federal records disposed of pursuant to a Government to pay the salaries or expenses parable conventionally fueled vehicles: Pro- records schedule recovered through recycling of any individual appointed to a position of vided further, That the limits set forth in this or waste prevention programs. Such funds a confidential or policy-determining char- section shall not apply to any vehicle that is shall be available until expended for the fol- acter that is excepted from the competitive a commercial item and which operates on allowing purposes: service under section 3302 of title 5, United ternative fuel, including but not limited to (1) Acquisition, waste reduction and pre- States Code, (pursuant to schedule C of sub- electric, plug-in hybrid electric, and hydro- vention, and recycling programs as described part C of part 213 of title 5 of the Code of gen fuel cell vehicles. in Executive Order No. 13693 (March 19, 2015), Federal Regulations) unless the head of the

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None of the funds appropriated by tivities: Provided further, That the funds fice of Personnel Management that the this or any other Act may be used by an transferred to or for reimbursement of ‘‘Gen- schedule C position occupied by the indi- agency to provide a Federal employee’s eral Services Administration, Government- vidual was not created solely or primarily in home address to any labor organization ex- wide Policy’’ during fiscal year 2019 shall reorder to detail the individual to the White cept when the employee has authorized such main available for obligation through Sep- House. disclosure or when such disclosure has been tember 30, 2020: Provided further, That such (b) The provisions of this section shall not ordered by a court of competent jurisdiction. transfers or reimbursements may only be apply to Federal employees or members of SEC. 717. None of the funds made available made after 15 days following notification of the armed forces detailed to or from an ele- in this or any other Act may be used to pro- the Committees on Appropriations of the ment of the intelligence community (as that vide any non-public information such as House of Representatives and the Senate by term is defined under section 3(4) of the Na- mailing, telephone or electronic mailing the Director of the Office of Management tional Security Act of 1947 (50 U.S.C. lists to any person or any organization out- and Budget. 3003(4))). side of the Federal Government without the SEC. 722. Notwithstanding any other provi- SEC. 713. No part of any appropriation con- approval of the Committees on Appropria- sion of law, a woman may breastfeed her tained in this or any other Act shall be tions of the House of Representatives and child at any location in a Federal building or available for the payment of the salary of the Senate. on Federal property, if the woman and her any officer or employee of the Federal Gov- SEC. 718. No part of any appropriation con- child are otherwise authorized to be present ernment, who— tained in this or any other Act shall be used at the location. (1) prohibits or prevents, or attempts or directly or indirectly, including by private SEC. 723. Notwithstanding 31 U.S.C. 1346, or threatens to prohibit or prevent, any other contractor, for publicity or propaganda pur- section 708 of this Act, funds made available officer or employee of the Federal Govern- poses within the United States not here- for the current fiscal year by this or any ment from having any direct oral or written tofore authorized by Congress. other Act shall be available for the inter- communication or contact with any Member, SEC. 719. (a) In this section, the term agency funding of specific projects, work- committee, or subcommittee of the Congress ‘‘agency’’— shops, studies, and similar efforts to carry in connection with any matter pertaining to (1) means an Executive agency, as defined out the purposes of the National Science and the employment of such other officer or em- under 5 U.S.C. 105; and Technology Council (authorized by Execu- ployee or pertaining to the department or (2) includes a military department, as de- tive Order No. 12881), which benefit multiple agency of such other officer or employee in fined under section 102 of such title, the Federal departments, agencies, or entities: any way, irrespective of whether such com- United States Postal Service, and the Postal Provided, That the Office of Management and munication or contact is at the initiative of Regulatory Commission. Budget shall provide a report describing the such other officer or employee or in response (b) Unless authorized in accordance with budget of and resources connected with the to the request or inquiry of such Member, law or regulations to use such time for other National Science and Technology Council to committee, or subcommittee; or purposes, an employee of an agency shall use the Committees on Appropriations, the (2) removes, suspends from duty without official time in an honest effort to perform House Committee on Science and Tech- pay, demotes, reduces in rank, seniority, sta- official duties. An employee not under a nology, and the Senate Committee on Com- tus, pay, or performance or efficiency rating, leave system, including a Presidential ap- merce, Science, and Transportation 90 days denies promotion to, relocates, reassigns, pointee exempted under 5 U.S.C. 6301(2), has after enactment of this Act. transfers, disciplines, or discriminates in re- an obligation to expend an honest effort and SEC. 724. Any request for proposals, solici- gard to any employment right, entitlement, a reasonable proportion of such employee’s tation, grant application, form, notification, or benefit, or any term or condition of em- time in the performance of official duties. press release, or other publications involving ployment of, any other officer or employee SEC. 720. Notwithstanding 31 U.S.C. 1346 the distribution of Federal funds shall com- of the Federal Government, or attempts or and section 708 of this Act, funds made avail- ply with any relevant requirements in part threatens to commit any of the foregoing ac- able for the current fiscal year by this or any 200 of title 2, Code of Federal Regulations: tions with respect to such other officer or other Act to any department or agency, Provided, That this section shall apply to di- employee, by reason of any communication which is a member of the Federal Account- rect payments, formula funds, and grants re- or contact of such other officer or employee ing Standards Advisory Board (FASAB), ceived by a State receiving Federal funds. with any Member, committee, or sub- shall be available to finance an appropriate committee of the Congress as described in share of FASAB administrative costs. SEC. 725. (a) PROHIBITION OF FEDERAL AGEN- paragraph (1). SEC. 721. Notwithstanding 31 U.S.C. 1346 CY MONITORING OF INDIVIDUALS’ INTERNET SEC. 714. (a) None of the funds made avail- and section 708 of this Act, the head of each USE.—None of the funds made available in able in this or any other Act may be obli- Executive department and agency is hereby this or any other Act may be used by any gated or expended for any employee training authorized to transfer to or reimburse ‘‘Gen- Federal agency— that— eral Services Administration, Government- (1) to collect, review, or create any aggre- (1) does not meet identified needs for wide Policy’’ with the approval of the Direc- gation of data, derived from any means, that knowledge, skills, and abilities bearing di- tor of the Office of Management and Budget, includes any personally identifiable informa- rectly upon the performance of official du- funds made available for the current fiscal tion relating to an individual’s access to or ties; year by this or any other Act, including re- use of any Federal Government Internet site (2) contains elements likely to induce high bates from charge card and other contracts: of the agency; or levels of emotional response or psychological Provided, That these funds shall be adminis- (2) to enter into any agreement with a stress in some participants; tered by the Administrator of General Serv- third party (including another government (3) does not require prior employee notifi- ices to support Government-wide and other agency) to collect, review, or obtain any ag- cation of the content and methods to be used multi-agency financial, information tech- gregation of data, derived from any means, in the training and written end of course nology, procurement, and other management that includes any personally identifiable in- evaluation; innovations, initiatives, and activities, information relating to an individual’s access (4) contains any methods or content associ- cluding improving coordination and reducing to or use of any nongovernmental Internet ated with religious or quasi-religious belief duplication, as approved by the Director of site. systems or ‘‘new age’’ belief systems as de- the Office of Management and Budget, in (b) EXCEPTIONS.—The limitations estab- fined in Equal Employment Opportunity consultation with the appropriate inter- lished in subsection (a) shall not apply to— Commission Notice N–915.022, dated Sep- agency and multi-agency groups designated (1) any record of aggregate data that does tember 2, 1988; or by the Director (including the President’s not identify particular persons; (5) is offensive to, or designed to change, Management Council for overall manage- (2) any voluntary submission of personally participants’ personal values or lifestyle out- ment improvement initiatives, the Chief Fi- identifiable information; side the workplace. nancial Officers Council for financial man- (3) any action taken for law enforcement, (b) Nothing in this section shall prohibit, agement initiatives, the Chief Information regulatory, or supervisory purposes, in ac- restrict, or otherwise preclude an agency Officers Council for information technology cordance with applicable law; or from conducting training bearing directly initiatives, the Chief Human Capital Officers (4) any action described in subsection (a)(1) upon the performance of official duties. Council for human capital initiatives, the that is a system security action taken by the SEC. 715. No part of any funds appropriated Chief Acquisition Officers Council for pro- operator of an Internet site and is nec- in this or any other Act shall be used by an curement initiatives, and the Performance essarily incident to providing the Internet agency of the executive branch, other than Improvement Council for performance im- site services or to protecting the rights or for normal and recognized executive-legisla- provement initiatives): Provided further, property of the provider of the Internet site. tive relationships, for publicity or propa- That the total funds transferred or reim- (c) DEFINITIONS.—For the purposes of this ganda purposes, and for the preparation, disbursed shall not exceed $15,000,000 to improve section: tribution or use of any kit, pamphlet, book- coordination, reduce duplication, and for (1) The term ‘‘regulatory’’ means agency let, publication, radio, television, or film other activities related to Federal Govern- actions to implement, interpret or enforce presentation designed to support or defeat ment Priority Goals established by 31 U.S.C. authorities provided in law.

VerDate Sep 11 2014 03:28 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JY6.020 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE S5166 CONGRESSIONAL RECORD — SENATE July 23, 2018 (2) The term ‘‘supervisory’’ means exami- section 552a of title 5, United States Code funds appropriated for fiscal year 2019, by nations of the agency’s supervised institu- (popularly known as the Privacy Act), and this or any other Act, may be used to pay tions, including assessing safety and sound- regulations implementing that section. any prevailing rate employee described in ness, overall financial condition, manage- SEC. 733. (a) IN GENERAL.—None of the section 5342(a)(2)(A) of title 5, United States ment practices and policies and compliance funds appropriated or otherwise made avail- Code— with applicable standards as provided in law. able by this or any other Act may be used for (A) during the period from the date of expi- SEC. 726. (a) None of the funds appropriated any Federal Government contract with any ration of the limitation imposed by the com- by this Act may be used to enter into or foreign incorporated entity which is treated parable section for the previous fiscal years renew a contract which includes a provision as an inverted domestic corporation under until the normal effective date of the appli- providing prescription drug coverage, except section 835(b) of the Homeland Security Act cable wage survey adjustment that is to take where the contract also includes a provision of 2002 (6 U.S.C. 395(b)) or any subsidiary of effect in fiscal year 2019, in an amount that for contraceptive coverage. such an entity. exceeds the rate payable for the applicable (b) Nothing in this section shall apply to a (b) WAIVERS.— grade and step of the applicable wage sched- contract with— (1) IN GENERAL.—Any Secretary shall waive ule in accordance with such section; and (1) any of the following religious plans: subsection (a) with respect to any Federal (B) during the period consisting of the re- (A) Personal Care’s HMO; and Government contract under the authority of mainder of fiscal year 2019, in an amount (B) OSF HealthPlans, Inc.; and such Secretary if the Secretary determines that exceeds, as a result of a wage survey ad- (2) any existing or future plan, if the car- that the waiver is required in the interest of justment, the rate payable under subpara- rier for the plan objects to such coverage on national security. graph (A) by more than the sum of— the basis of religious beliefs. (2) REPORT TO CONGRESS.—Any Secretary (i) the percentage adjustment taking effect (c) In implementing this section, any plan issuing a waiver under paragraph (1) shall rein fiscal year 2019 under section 5303 of title that enters into or renews a contract under port such issuance to Congress. 5, United States Code, in the rates of pay this section may not subject any individual (c) EXCEPTION.—This section shall not under the General Schedule; and to discrimination on the basis that the indi- apply to any Federal Government contract (ii) the difference between the overall aver- vidual refuses to prescribe or otherwise pro- entered into before the date of the enact- age percentage of the locality-based com- vide for contraceptives because such activi- ment of this Act, or to any task order issued parability payments taking effect in fiscal ties would be contrary to the individual’s re- pursuant to such contract. year 2019 under section 5304 of such title ligious beliefs or moral convictions. SEC. 734. During fiscal year 2019, for each (whether by adjustment or otherwise), and (d) Nothing in this section shall be con- employee who— the overall average percentage of such pay- strued to require coverage of abortion or (1) retires under section 8336(d)(2) or abortion-related services. ments which was effective in the previous 8414(b)(1)(B) of title 5, United States Code; or fiscal year under such section. SEC. 727. The United States is committed (2) retires under any other provision of to ensuring the health of its Olympic, Pan (2) Notwithstanding any other provision of subchapter III of chapter 83 or chapter 84 of law, no prevailing rate employee described in American, and Paralympic athletes, and sup- such title 5 and receives a payment as an in- ports the strict adherence to anti-doping in subparagraph (B) or (C) of section 5342(a)(2) centive to separate, the separating agency of title 5, United States Code, and no em- sport through testing, adjudication, edu- shall remit to the Civil Service Retirement cation, and research as performed by nation- ployee covered by section 5348 of such title, and Disability Fund an amount equal to the may be paid during the periods for which ally recognized oversight authorities. Office of Personnel Management’s average SEC. 728. Notwithstanding any other provi- paragraph (1) is in effect at a rate that ex- unit cost of processing a retirement claim sion of law, funds appropriated for official ceeds the rates that would be payable under for the preceding fiscal year. Such amounts travel to Federal departments and agencies paragraph (1) were paragraph (1) applicable shall be available until expended to the Of- may be used by such departments and agen- to such employee. fice of Personnel Management and shall be cies, if consistent with Office of Management (3) For the purposes of this subsection, the deemed to be an administrative expense and Budget Circular A–126 regarding official rates payable to an employee who is covered under section 8348(a)(1)(B) of title 5, United travel for Government personnel, to partici- by this subsection and who is paid from a States Code. pate in the fractional aircraft ownership schedule not in existence on September 30, SEC. 735. (a) None of the funds made avail- pilot program. 2018, shall be determined under regulations able in this or any other Act may be used to SEC. 729. Notwithstanding any other provi- prescribed by the Office of Personnel Man- sion of law, none of the funds appropriated or recommend or require any entity submitting agement. made available under this or any other ap- an offer for a Federal contract to disclose (4) Notwithstanding any other provision of propriations Act may be used to implement any of the following information as a condi- law, rates of premium pay for employees sub- or enforce restrictions or limitations on the tion of submitting the offer: ject to this subsection may not be changed Coast Guard Congressional Fellowship Pro- (1) Any payment consisting of a contribu- from the rates in effect on September 30, gram, or to implement the proposed regulation, expenditure, independent expenditure, 2018, except to the extent determined by the tions of the Office of Personnel Management or disbursement for an electioneering com- Office of Personnel Management to be con- to add sections 300.311 through 300.316 to part munication that is made by the entity, its sistent with the purpose of this subsection. 300 of title 5 of the Code of Federal Regula- officers or directors, or any of its affiliates (5) This subsection shall apply with respect tions, published in the Federal Register, vol- or subsidiaries to a candidate for election for to pay for service performed after September ume 68, number 174, on September 9, 2003 (re- Federal office or to a political committee, or 30, 2018. lating to the detail of executive branch em- that is otherwise made with respect to any (6) For the purpose of administering any ployees to the legislative branch). election for Federal office. provision of law (including any rule or regu- SEC. 730. Notwithstanding any other provi- (2) Any disbursement of funds (other than lation that provides premium pay, retire- sion of law, no executive branch agency shall a payment described in paragraph (1)) made ment, life insurance, or any other employee purchase, construct, or lease any additional by the entity, its officers or directors, or any benefit) that requires any deduction or con- facilities, except within or contiguous to ex- of its affiliates or subsidiaries to any person tribution, or that imposes any requirement isting locations, to be used for the purpose of with the intent or the reasonable expecta- or limitation on the basis of a rate of salary conducting Federal law enforcement train- tion that the person will use the funds to or basic pay, the rate of salary or basic pay ing without the advance approval of the make a payment described in paragraph (1). payable after the application of this sub- Committees on Appropriations of the House (b) In this section, each of the terms ‘‘con- section shall be treated as the rate of salary of Representatives and the Senate, except tribution’’, ‘‘expenditure’’, ‘‘independent ex- or basic pay. that the Federal Law Enforcement Training penditure’’, ‘‘electioneering communica- (7) Nothing in this subsection shall be con- Center is authorized to obtain the temporary tion’’, ‘‘candidate’’, ‘‘election’’, and ‘‘Federal sidered to permit or require the payment to use of additional facilities by lease, contract, office’’ has the meaning given such term in any employee covered by this subsection at a or other agreement for training which can- the Federal Election Campaign Act of 1971 rate in excess of the rate that would be pay- not be accommodated in existing Center fa- (52 U.S.C. 30101 et seq.). able were this subsection not in effect. cilities. SEC. 736. None of the funds made available (8) The Office of Personnel Management SEC. 731. Unless otherwise authorized by in this or any other Act may be used to pay may provide for exceptions to the limita- existing law, none of the funds provided in for the painting of a portrait of an officer or tions imposed by this subsection if the Office this or any other Act may be used by an ex- employee of the Federal government, includ- determines that such exceptions are nec- ecutive branch agency to produce any pre- ing the President, the Vice President, a essary to ensure the recruitment or reten- packaged news story intended for broadcast member of Congress (including a Delegate or tion of qualified employees. or distribution in the United States, unless a Resident Commissioner to Congress), the (b) Notwithstanding subsection (a), the ad- the story includes a clear notification within head of an executive branch agency (as de- justment in rates of basic pay for the statu- the text or audio of the prepackaged news fined in section 133 of title 41, United States tory pay systems that take place in fiscal story that the prepackaged news story was Code), or the head of an office of the legisla- year 2019 under sections 5344 and 5348 of title prepared or funded by that executive branch tive branch. 5, United States Code, shall be— agency. SEC. 737. (a)(1) Notwithstanding any other (1) not less than the percentage received by SEC. 732. None of the funds made available provision of law, and except as otherwise employees in the same location whose rates in this Act may be used in contravention of provided in this section, no part of any of the of basic pay are adjusted pursuant to the

VerDate Sep 11 2014 03:28 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JY6.020 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE July 23, 2018 CONGRESSIONAL RECORD — SENATE S5167 statutory pay systems under sections 5303 (i) Notwithstanding subsections (b) be used to increase, eliminate, or reduce and 5304 of title 5, United States Code: Pro- through (e), an employee in a covered posi- funding for a program, project, or activity as vided, That prevailing rate employees at lo- tion may receive a pay rate increase upon an proposed in the President’s budget request cations where there are no employees whose authorized movement to a different covered for a fiscal year until such proposed change pay is increased pursuant to sections 5303 position with higher-level duties and a pre- is subsequently enacted in an appropriation and 5304 of title 5, United States Code, and established higher level or range of pay, ex- Act, or unless such change is made pursuant prevailing rate employees described in sec- cept that any such increase must be based on to the reprogramming or transfer provisions tion 5343(a)(5) of title 5, United States Code, the rates of pay and applicable pay limita- of this or any other appropriations Act. shall be considered to be located in the pay tions in effect on December 31, 2013. SEC. 741. None of the funds made available locality designated as ‘‘Rest of United (j) Notwithstanding any other provision of by this or any other Act may be used to im- States’’ pursuant to section 5304 of title 5, law, for an individual who is newly appointed plement, administer, enforce, or apply the United States Code, for purposes of this sub- to a covered position during the period of rule entitled ‘‘Competitive Area’’ published section; and time subject to this section, the initial pay by the Office of Personnel Management in (2) effective as of the first day of the first rate shall be based on the rates of pay and the Federal Register on April 15, 2008 (73 Fed. applicable pay period beginning after Sep- applicable pay limitations in effect on De- Reg. 20180 et seq.). SEC. 742. None of the funds appropriated or tember 30, 2018. cember 31, 2013. otherwise made available by this or any SEC. 738. (a) The Vice President may not (k) If an employee affected by subsections other Act may be used to begin or announce receive a pay raise in calendar year 2019, not- (b) through (e) is subject to a biweekly pay a study or public-private competition re- withstanding the rate adjustment made period that begins in calendar year 2019 but garding the conversion to contractor per- under section 104 of title 3, United States ends in calendar year 2020, the bar on the em- formance of any function performed by Fed- Code, or any other provision of law. ployee’s receipt of pay rate increases shall eral employees pursuant to Office of Manage- (b) An employee serving in an Executive apply through the end of that pay period. ment and Budget Circular A–76 or any other Schedule position, or in a position for which SEC. 739. (a) The head of any Executive administrative regulation, directive, or pol- the rate of pay is fixed by statute at an Ex- branch department, agency, board, commis- icy. ecutive Schedule rate, may not receive a pay sion, or office funded by this or any other ap- SEC. 743. (a) None of the funds appropriated propriations Act shall submit annual reports rate increase in calendar year 2019, notwith- or otherwise made available by this or any to the Inspector General or senior ethics offi- standing schedule adjustments made under other Act may be available for a contract, cial for any entity without an Inspector Gen- section 5318 of title 5, United States Code, or grant, or cooperative agreement with an en- eral, regarding the costs and contracting any other provision of law, except as pro- tity that requires employees or contractors procedures related to each conference held vided in subsection (g), (h), or (i). This sub- of such entity seeking to report fraud, waste, section applies only to employees who are by any such department, agency, board, com- or abuse to sign internal confidentiality holding a position under a political appoint- mission, or office during fiscal year 2019 for agreements or statements prohibiting or ment. which the cost to the United States Govern- otherwise restricting such employees or con- (c) A chief of mission or ambassador at ment was more than $100,000. tractors from lawfully reporting such waste, (b) Each report submitted shall include, for large may not receive a pay rate increase in fraud, or abuse to a designated investigative each conference described in subsection (a) calendar year 2019, notwithstanding section or law enforcement representative of a Fed- held during the applicable period— 401 of the Foreign Service Act of 1980 (Public eral department or agency authorized to re- (1) a description of its purpose; Law 96–465) or any other provision of law, ex- ceive such information. cept as provided in subsection (g), (h), or (i). (2) the number of participants attending; (b) The limitation in subsection (a) shall (d) Notwithstanding sections 5382 and 5383 (3) a detailed statement of the costs to the not contravene requirements applicable to of title 5, United States Code, a pay rate in- United States Government, including— Standard Form 312, Form 4414, or any other crease may not be received in calendar year (A) the cost of any food or beverages; form issued by a Federal department or 2019 (except as provided in subsection (g), (h), (B) the cost of any audio-visual services; agency governing the nondisclosure of classi- or (i)) by— (C) the cost of employee or contractor fied information. (1) a noncareer appointee in the Senior Ex- travel to and from the conference; and SEC. 744. (a) No funds appropriated in this ecutive Service paid a rate of basic pay at or (D) a discussion of the methodology used or any other Act may be used to implement above level IV of the Executive Schedule; or to determine which costs relate to the con- or enforce the agreements in Standard (2) a limited term appointee or limited ference; and Forms 312 and 4414 of the Government or any emergency appointee in the Senior Execu- (4) a description of the contracting proce- other nondisclosure policy, form, or agree- tive Service serving under a political ap- dures used including— ment if such policy, form, or agreement does pointment and paid a rate of basic pay at or (A) whether contracts were awarded on a not contain the following provisions: ‘‘These above level IV of the Executive Schedule. competitive basis; and provisions are consistent with and do not su- (e) Any employee paid a rate of basic pay (B) a discussion of any cost comparison persede, conflict with, or otherwise alter the (including any locality-based payments conducted by the departmental component employee obligations, rights, or liabilities under section 5304 of title 5, United States or office in evaluating potential contractors created by existing statute or Executive Code, or similar authority) at or above level for the conference. order relating to (1) classified information, IV of the Executive Schedule who serves (c) Within 15 days after the end of a quar- (2) communications to Congress, (3) the re- under a political appointment may not re- ter, the head of any such department, agen- porting to an Inspector General of a viola- ceive a pay rate increase in calendar year cy, board, commission, or office shall notify tion of any law, rule, or regulation, or mis- 2019, notwithstanding any other provision of the Inspector General or senior ethics offi- management, a gross waste of funds, an law, except as provided in subsection (g), (h), cial for any entity without an Inspector Gen- abuse of authority, or a substantial and spe- or (i). This subsection does not apply to em- eral, of the date, location, and number of em- cific danger to public health or safety, or (4) ployees in the General Schedule pay system ployees attending a conference held by any any other whistleblower protection. The or the Foreign Service pay system, or to em- Executive branch department, agency, board, definitions, requirements, obligations, ployees appointed under section 3161 of title commission, or office funded by this or any rights, sanctions, and liabilities created by 5, United States Code, or to employees in another appropriations Act during fiscal year controlling Executive orders and statutory other pay system whose position would be 2019 for which the cost to the United States provisions are incorporated into this agree- classified at GS–15 or below if chapter 51 of Government was more than $20,000. ment and are controlling.’’: Provided, That title 5, United States Code, applied to them. (d) A grant or contract funded by amounts notwithstanding the preceding provision of (f) Nothing in subsections (b) through (e) appropriated by this or any other appropria- this section, a nondisclosure policy form or shall prevent employees who do not serve tions Act may not be used for the purpose of agreement that is to be executed by a person under a political appointment from receiving defraying the costs of a conference described connected with the conduct of an intel- pay increases as otherwise provided under in subsection (c) that is not directly and pro- ligence or intelligence-related activity, applicable law. grammatically related to the purpose for other than an employee or officer of the (g) A career appointee in the Senior Execu- which the grant or contract was awarded, United States Government, may contain pro- tive Service who receives a Presidential ap- such as a conference held in connection with visions appropriate to the particular activity pointment and who makes an election to re- planning, training, assessment, review, or for which such document is to be used. Such tain Senior Executive Service basic pay enti- other routine purposes related to a project form or agreement shall, at a minimum, re- tlements under section 3392 of title 5, United funded by the grant or contract. quire that the person will not disclose any States Code, is not subject to this section. (e) None of the funds made available in this classified information received in the course (h) A member of the Senior Foreign Serv- or any other appropriations Act may be used of such activity unless specifically author- ice who receives a Presidential appointment for travel and conference activities that are ized to do so by the United States Govern- to any position in the executive branch and not in compliance with Office of Manage- ment. Such nondisclosure forms shall also who makes an election to retain Senior For- ment and Budget Memorandum M–12–12 make it clear that they do not bar disclo- eign Service pay entitlements under section dated May 11, 2012 or any subsequent revi- sures to Congress, or to an authorized offi- 302(b) of the Foreign Service Act of 1980 sions to that memorandum. cial of an executive agency or the Depart- (Public Law 96–465) is not subject to this sec- SEC. 740. None of the funds made available ment of Justice, that are essential to report- tion. in this or any other appropriations Act may ing a substantial violation of law.

VerDate Sep 11 2014 03:28 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JY6.020 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE S5168 CONGRESSIONAL RECORD — SENATE July 23, 2018 (b) A nondisclosure agreement may con- day of the first applicable pay period begin- of Columbia to provide for salaries, expenses, tinue to be implemented and enforced not- ning on or after January 1, 2019. or other costs associated with the offices of withstanding subsection (a) if it complies (b) Notwithstanding section 737, the ad- United States Senator or United States Rep- with the requirements for such agreement justment in rates of basic pay for the statu- resentative under section 4(d) of the District that were in effect when the agreement was tory pay systems that take place in fiscal of Columbia Statehood Constitutional Con- entered into. year 2019 under sections 5344 and 5348 of title vention Initiatives of 1979 (D.C. Law 3–171; (c) No funds appropriated in this or any 5, United States Code, shall be no less than D.C. Official Code, sec. 1–123). other Act may be used to implement or en- the percentages in subsection (a) as employ- SEC. 805. Except as otherwise provided in force any agreement entered into during fis- ees in the same location whose rates of basic this section, none of the funds made avail- cal year 2014 which does not contain substan- pay are adjusted pursuant to the statutory able by this Act or by any other Act may be tially similar language to that required in pay systems under section 5303, 5304, and used to provide any officer or employee of subsection (a). 5304a of title 5, United States Code. Pre- the District of Columbia with an official ve- SEC. 745. None of the funds made available vailing rate employees at locations where hicle unless the officer or employee uses the by this or any other Act may be used to there are no employees whose pay is in- vehicle only in the performance of the offi- enter into a contract, memorandum of un- creased pursuant to sections 5303, 5304, and cer’s or employee’s official duties. For pur- derstanding, or cooperative agreement with, 5304a of such title 5 and prevailing rate em- poses of this section, the term ‘‘official du- make a grant to, or provide a loan or loan ployees described in section 5343(a)(5) of such ties’’ does not include travel between the officer’s or employee’s residence and work- guarantee to, any corporation that has any title 5 shall be considered to be located in place, except in the case of— unpaid Federal tax liability that has been as- the pay locality designated as ″Rest of U.S.″ (1) an officer or employee of the Metropoli- sessed, for which all judicial and administra- pursuant to section 5304 of such title 5 for tan Police Department who resides in the tive remedies have been exhausted or have purposes of this subsection. lapsed, and that is not being paid in a timely (c) Funds used to carry out this section District of Columbia or is otherwise des- manner pursuant to an agreement with the shall be paid from appropriations, which are ignated by the Chief of the Department; authority responsible for collecting the tax made to each applicable department or agen- (2) at the discretion of the Fire Chief, an liability, where the awarding agency is cy for salaries and expenses for fiscal year officer or employee of the District of Colum- aware of the unpaid tax liability, unless a 2019. bia Fire and Emergency Medical Services Federal agency has considered suspension or SEC. 750. Except as expressly provided oth- Department who resides in the District of debarment of the corporation and has made erwise, any reference to ‘‘this Act’’ con- Columbia and is on call 24 hours a day; a determination that this further action is tained in any title other than title IV or VIII (3) at the discretion of the Director of the not necessary to protect the interests of the shall not apply to such title IV or VIII. Department of Corrections, an officer or employee of the District of Columbia Depart- Government. TITLE VIII SEC. 746. None of the funds made available ment of Corrections who resides in the Dis- GENERAL PROVISIONS—DISTRICT OF by this or any other Act may be used to trict of Columbia and is on call 24 hours a COLUMBIA enter into a contract, memorandum of un- day; derstanding, or cooperative agreement with, (INCLUDING TRANSFERS OF FUNDS) (4) at the discretion of the Chief Medical make a grant to, or provide a loan or loan SEC. 801. There are appropriated from the Examiner, an officer or employee of the Of- guarantee to, any corporation that was con- applicable funds of the District of Columbia fice of the Chief Medical Examiner who re- victed of a felony criminal violation under such sums as may be necessary for making sides in the District of Columbia and is on any Federal law within the preceding 24 refunds and for the payment of legal settle- call 24 hours a day; months, where the awarding agency is aware ments or judgments that have been entered (5) at the discretion of the Director of the of the conviction, unless a Federal agency against the District of Columbia govern- Homeland Security and Emergency Manage- has considered suspension or debarment of ment. ment Agency, an officer or employee of the the corporation and has made a determina- SEC. 802. None of the Federal funds pro- Homeland Security and Emergency Manage- tion that this further action is not necessary vided in this Act shall be used for publicity ment Agency who resides in the District of to protect the interests of the Government. or propaganda purposes or implementation Columbia and is on call 24 hours a day; SEC. 747. (a) During fiscal year 2019, on the of any policy including boycott designed to (6) the Mayor of the District of Columbia; date on which a request is made for a trans- support or defeat legislation pending before and fer of funds in accordance with section 1017 Congress or any State legislature. (7) the Chairman of the Council of the Dis- of Public Law 111–203, the Bureau of Con- SEC. 803. (a) None of the Federal funds pro- trict of Columbia. sumer Financial Protection shall notify the vided under this Act to the agencies funded SEC. 806. (a) None of the Federal funds con- Committees on Appropriations of the House by this Act, both Federal and District gov- tained in this Act may be used by the Dis- of Representatives and the Senate, the Com- ernment agencies, that remain available for trict of Columbia Attorney General or any mittee on Financial Services of the House of obligation or expenditure in fiscal year 2019, other officer or entity of the District govern- Representatives, and the Committee on or provided from any accounts in the Treas- ment to provide assistance for any petition Banking, Housing, and Urban Affairs of the ury of the United States derived by the col- drive or civil action which seeks to require Senate of such request. lection of fees available to the agencies fund- Congress to provide for voting representa- (b) Any notification required by this sec- ed by this Act, shall be available for obligation in Congress for the District of Colum- tion shall be made available on the Bureau’s tion or expenditures for an agency through a bia. public Web site. reprogramming of funds which— (b) Nothing in this section bars the Dis- SEC. 748. If, for fiscal year 2019, new budget (1) creates new programs; trict of Columbia Attorney General from re- authority provided in appropriations Acts (2) eliminates a program, project, or reviewing or commenting on briefs in private lawsuits, or from consulting with officials of exceeds the discretionary spending limit for sponsibility center; the District government regarding such law- any category set forth in section 251(c) of the (3) establishes or changes allocations spe- suits. Balanced Budget and Emergency Deficit cifically denied, limited or increased under SEC. 807. None of the Federal funds con- Control Act of 1985 due to estimating dif- this Act; tained in this Act may be used to distribute ferences with the Congressional Budget Of- (4) increases funds or personnel by any any needle or syringe for the purpose of pre- fice, an adjustment to the discretionary means for any program, project, or responsi- venting the spread of blood borne pathogens spending limit in such category for fiscal bility center for which funds have been de- in any location that has been determined by year 2019 shall be made by the Director of nied or restricted; the local public health or local law enforce- the Office of Management and Budget in the (5) re-establishes any program or project ment authorities to be inappropriate for amount of the excess but the total of all previously deferred through reprogramming; such distribution. such adjustments shall not exceed 0.2 per- (6) augments any existing program, SEC. 808. Nothing in this Act may be con- cent of the sum of the adjusted discretionary project, or responsibility center through a strued to prevent the Council or Mayor of spending limits for all categories for that fis- reprogramming of funds in excess of the District of Columbia from addressing the cal year. $3,000,000 or 10 percent, whichever is less; or issue of the provision of contraceptive cov- SEC. 749. (a) The adjustment in rates of (7) increases by 20 percent or more per- erage by health insurance plans, but it is the basic pay for employees under the statutory sonnel assigned to a specific program, intent of Congress that any legislation en- pay systems that takes effect in fiscal year project or responsibility center, acted on such issue should include a ‘‘con- 2019 under section 5303 of title 5, United unless prior approval is received from the science clause’’ which provides exceptions States Code, shall be an increase of 1.4 per- Committees on Appropriations of the House for religious beliefs and moral convictions. cent, and the overall average percentage of of Representatives and the Senate. SEC. 809. (a) None of the Federal funds con- the adjustments taking effect in such fiscal (b) The District of Columbia government is tained in this Act may be used to enact or year under sections 5304 and 5304a of such authorized to approve and execute re- carry out any law, rule, or regulation to le- title 5 shall be an increase of 0.5 percent programming and transfer requests of local galize or otherwise reduce penalties associ- (with comparability payments to be deter- funds under this title through November 7, ated with the possession, use, or distribution mined and allocated among pay localities by 2019. of any schedule I substance under the Con- the President). All adjustments under this SEC. 804. None of the Federal funds pro- trolled Substances Act (21 U.S.C. 801 et seq.) subsection shall be effective as of the first vided in this Act may be used by the District or any tetrahydrocannabinols derivative.

VerDate Sep 11 2014 03:28 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JY6.020 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE July 23, 2018 CONGRESSIONAL RECORD — SENATE S5169 (b) No funds available for obligation or ex- fiscal year 2019 in this Act, shall remain year ending September 30, 2019, and for other penditure by the District of Columbia gov- available through September 30, 2020, for purposes, namely: ernment under any authority may be used to each such account for the purposes author- TITLE I enact any law, rule, or regulation to legalize ized: Provided, That a request shall be sub- AGRICULTURAL PROGRAMS or otherwise reduce penalties associated mitted to the Committees on Appropriations PROCESSING, RESEARCH, AND MARKETING with the possession, use, or distribution of of the House of Representatives and the Sen- any schedule I substance under the Con- ate for approval prior to the expenditure of OFFICE OF THE SECRETARY trolled Substances Act (21 U.S.C. 801 et seq.) such funds: Provided further, That these re- (INCLUDING TRANSFERS OF FUNDS) or any tetrahydrocannabinols derivative for quests shall be made in compliance with re- For necessary expenses of the Office of the recreational purposes. programming guidelines outlined in section Secretary, $46,532,000, of which not to exceed SEC. 810. No funds available for obligation 803 of this Act. $5,051,000 shall be available for the imme- or expenditure by the District of Columbia SEC. 816. (a)(1) During fiscal year 2020, dur- diate Office of the Secretary; not to exceed government under any authority shall be ex- ing a period in which neither a District of $800,000 shall be available for the Office of pended for any abortion except where the life Columbia continuing resolution or a regular the Assistant to the Secretary for Rural De- of the mother would be endangered if the District of Columbia appropriation bill is in velopment: Provided, That funds made avail- fetus were carried to term or where the preg- effect, local funds are appropriated in the able by this Act to an agency in the Rural nancy is the result of an act of rape or in- amount provided for any project or activity Development mission area for salaries and cest. for which local funds are provided in the Act expenses are available to fund up to one ad- SEC. 811. (a) No later than 30 calendar days referred to in paragraph (2) (subject to any ministrative support staff for the Office; not after the date of the enactment of this Act, modifications enacted by the District of Co- to exceed $1,496,000 shall be available for the the Chief Financial Officer for the District of lumbia as of the beginning of the period dur- Office of Homeland Security; not to exceed Columbia shall submit to the appropriate ing which this subsection is in effect) at the $4,711,000 shall be available for the Office of committees of Congress, the Mayor, and the rate set forth by such Act. Partnerships and Public Engagement; not to Council of the District of Columbia, a re- (2) The Act referred to in this paragraph is exceed $23,105,000 shall be available for the vised appropriated funds operating budget in the Act of the Council of the District of Co- Office of the Assistant Secretary for Admin- the format of the budget that the District of lumbia pursuant to which a proposed budget istration, of which $22,301,000 shall be avail- Columbia government submitted pursuant to is approved for fiscal year 2020 which (subject able for Departmental Administration to section 442 of the District of Columbia Home to the requirements of the District of Colum- provide for necessary expenses for manage- Rule Act (D.C. Official Code, sec. 1–204.42), bia Home Rule Act) will constitute the local ment support services to offices of the De- for all agencies of the District of Columbia portion of the annual budget for the District partment and for general administration, se- government for fiscal year 2019 that is in the of Columbia government for fiscal year 2020 curity, repairs and alterations, and other total amount of the approved appropriation for purposes of section 446 of the District of miscellaneous supplies and expenses not oth- and that realigns all budgeted data for per- Columbia Home Rule Act (sec. 1–204.46, D.C. erwise provided for and necessary for the sonal services and other-than-personal serv- Official Code). practical and efficient work of the Depart- ices, respectively, with anticipated actual (b) Appropriations made by subsection (a) ment: Provided further, That funds made expenditures. shall cease to be available— available by this Act to an agency in the Ad- (b) This section shall apply only to an (1) during any period in which a District of ministration mission area for salaries and agency for which the Chief Financial Officer Columbia continuing resolution for fiscal expenses are available to fund up to one ad- for the District of Columbia certifies that a year 2020 is in effect; or ministrative support staff for the Office; not reallocation is required to address unantici- (2) upon the enactment into law of the reg- to exceed $3,869,000 shall be available for the pated changes in program requirements. ular District of Columbia appropriation bill Office of Assistant Secretary for Congres- SEC. 812. No later than 30 calendar days for fiscal year 2020. sional Relations to carry out the programs after the date of the enactment of this Act, (c) An appropriation made by subsection funded by this Act, including programs in- the Chief Financial Officer for the District of (a) is provided under the authority and con- volving intergovernmental affairs and liai- Columbia shall submit to the appropriate ditions as provided under this Act and shall son within the executive branch; and not to committees of Congress, the Mayor, and the be available to the extent and in the manner exceed $7,500,000 shall be available for the Of- Council for the District of Columbia, a re- that would be provided by this Act. fice of Communications: Provided further, vised appropriated funds operating budget (d) An appropriation made by subsection That the Secretary of Agriculture is author- for the District of Columbia Public Schools (a) shall cover all obligations or expendi- ized to transfer funds appropriated for any that aligns schools budgets to actual enroll- tures incurred for such project or activity office of the Office of the Secretary to any ment. The revised appropriated funds budget during the portion of fiscal year 2020 for other office of the Office of the Secretary: shall be in the format of the budget that the which this section applies to such project or Provided further, That no appropriation for District of Columbia government submitted activity. any office shall be increased or decreased by pursuant to section 442 of the District of Co- (e) This section shall not apply to a project more than 5 percent: Provided further, That lumbia Home Rule Act (D.C. Official Code, or activity during any period of fiscal year not to exceed $11,000 of the amount made sec. 1–204.42). 2020 if any other provision of law (other than available under this paragraph for the imme- SEC. 813. (a) Amounts appropriated in this an authorization of appropriations)— diate Office of the Secretary shall be avail- Act as operating funds may be transferred to (1) makes an appropriation, makes funds able for official reception and representation the District of Columbia’s enterprise and available, or grants authority for such expenses, not otherwise provided for, as de- capital funds and such amounts, once trans- project or activity to continue for such pe- termined by the Secretary: Provided further, ferred, shall retain appropriation authority riod; or That the amount made available under this consistent with the provisions of this Act. (2) specifically provides that no appropria- heading for Departmental Administration (b) The District of Columbia government is tion shall be made, no funds shall be made shall be reimbursed from applicable appro- authorized to reprogram or transfer for oper- available, or no authority shall be granted priations in this Act for travel expenses inci- ating expenses any local funds transferred or for such project or activity to continue for dent to the holding of hearings as required reprogrammed in this or the four prior fiscal such period. by 5 U.S.C. 551–558: Provided further, That years from operating funds to capital funds, (f) Nothing in this section shall be con- funds made available under this heading for and such amounts, once transferred or repro- strued to affect obligations of the govern- the Office of the Assistant Secretary for Con- grammed, shall retain appropriation author- ment of the District of Columbia mandated gressional Relations may be transferred to ity consistent with the provisions of this by other law. agencies of the Department of Agriculture Act. SEC. 817. Except as expressly provided oth- funded by this Act to maintain personnel at (c) The District of Columbia government erwise, any reference to ‘‘this Act’’ con- the agency level: Provided further, That no may not transfer or reprogram for operating tained in this title or in title IV shall be funds made available under this heading for expenses any funds derived from bonds, treated as referring only to the provisions of the Office of Assistant Secretary for Con- notes, or other obligations issued for capital this title or of title IV. gressional Relations may be obligated after projects. This division may be cited as the ‘‘Finan- 30 days from the date of enactment of this SEC. 814. None of the Federal funds appro- cial Services and General Government Ap- Act, unless the Secretary has notified the priated in this Act shall remain available for propriations Act, 2019’’. Committees on Appropriations of both obligation beyond the current fiscal year, Houses of Congress on the allocation of these nor may any be transferred to other appro- DIVISION C—AGRICULTURE, RURAL DE- funds by USDA agency. priations, unless expressly so provided here- VELOPMENT, FOOD AND DRUG ADMINIS- in. TRATION, AND RELATED AGENCIES AP- EXECUTIVE OPERATIONS SEC. 815. Except as otherwise specifically PROPRIATIONS ACT, 2019 OFFICE OF THE CHIEF ECONOMIST provided by law or under this Act, not to ex- That the following sums are appropriated, For necessary expenses of the Office of the ceed 50 percent of unobligated balances re- out of any money in the Treasury not other- Chief Economist, $19,786,000, of which maining available at the end of fiscal year wise appropriated, for Agriculture, Rural De- $4,000,000 shall be for grants or cooperative 2019 from appropriations of Federal funds velopment, Food and Drug Administration, agreements for policy research under 7 made available for salaries and expenses for and Related Agencies programs for the fiscal U.S.C. 3155.

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OFFICE OF HEARINGS AND APPEALS OFFICE OF ETHICS ing easements at the Beltsville Agricultural For necessary expenses of the Office of For necessary expenses of the Office of Research Center: Provided further, That the Hearings and Appeals, $15,222,000. Ethics, $4,136,000. foregoing limitations shall not apply to replacement of buildings needed to carry out OFFICE OF BUDGET AND PROGRAM ANALYSIS OFFICE OF THE UNDER SECRETARY FOR the Act of April 24, 1948 (21 U.S.C. 113a): Pro- RESEARCH, EDUCATION, AND ECONOMICS For necessary expenses of the Office of vided further, That appropriations hereunder Budget and Program Analysis, $9,525,000. For necessary expenses of the Office of the shall be available for granting easements at OFFICE OF THE CHIEF INFORMATION OFFICER Under Secretary for Research, Education, any Agricultural Research Service location and Economics, $800,000: Provided, That funds for the construction of a research facility by For necessary expenses of the Office of the made available by this Act to an agency in Chief Information Officer, $63,950,000, of a non-Federal entity for use by, and accept- the Research, Education, and Economics able to, the Agricultural Research Service which not less than $38,000,000 is for cyberse- mission area for salaries and expenses are curity requirements of the department. and a condition of the easements shall be available to fund up to one administrative that upon completion the facility shall be OFFICE OF THE CHIEF FINANCIAL OFFICER support staff for the Office. accepted by the Secretary, subject to the For necessary expenses of the Office of the ECONOMIC RESEARCH SERVICE availability of funds herein, if the Secretary Chief Financial Officer, $6,028,000. For necessary expenses of the Economic finds that acceptance of the facility is in the OFFICE OF THE ASSISTANT SECRETARY FOR Research Service, $86,757,000. interest of the United States: Provided fur- CIVIL RIGHTS NATIONAL AGRICULTURAL STATISTICS SERVICE ther, That funds may be received from any State, other political subdivision, organiza- For necessary expenses of the Office of the For necessary expenses of the National Ag- Assistant Secretary for Civil Rights, $901,000: tion, or individual for the purpose of estab- ricultural Statistics Service, $174,767,000, of lishing or operating any research facility or Provided, That funds made available by this which up to $45,300,000 shall be available Act to an agency in the Civil Rights mission research project of the Agricultural Re- until expended for the Census of Agriculture: search Service, as authorized by law. area for salaries and expenses are available Provided, That amounts made available for to fund up to one administrative support the Census of Agriculture may be used to NATIONAL INSTITUTE OF FOOD AND staff for the Office. conduct Current Industrial Report surveys AGRICULTURE OFFICE OF CIVIL RIGHTS subject to 7 U.S.C. 2204g(d) and (f). RESEARCH AND EDUCATION ACTIVITIES For necessary expenses of the Office of AGRICULTURAL RESEARCH SERVICE For payments to agricultural experiment stations, for cooperative forestry and other Civil Rights, $24,206,000. SALARIES AND EXPENSES research, for facilities, and for other ex- AGRICULTURE BUILDINGS AND FACILITIES For necessary expenses of the Agricultural penses, $898,535,000, which shall be for the (INCLUDING TRANSFERS OF FUNDS) Research Service and for acquisition of lands purposes, and in the amounts, specified in For payment of space rental and related by donation, exchange, or purchase at a the table titled ‘‘National Institute of Food costs pursuant to Public Law 92–313, includ- nominal cost not to exceed $100, and for land and Agriculture, Research and Education Ac- ing authorities pursuant to the 1984 delega- exchanges where the lands exchanged shall tivities’’ in the report accompanying this tion of authority from the Administrator of be of equal value or shall be equalized by a Act: Provided, That funds for research grants General Services to the Department of Agri- payment of money to the grantor which for 1994 institutions, education grants for culture under 40 U.S.C. 121, for programs and shall not exceed 25 percent of the total value 1890 institutions, capacity building for non- activities of the Department which are in- of the land or interests transferred out of land-grant colleges of agriculture, the agri- cluded in this Act, and for alterations and Federal ownership, $1,300,966,000, of which culture and food research initiative, veteri- other actions needed for the Department and $10,600,000, to remain available until ex- nary medicine loan repayment, multicul- its agencies to consolidate unneeded space pended, shall be used to carry out the science tural scholars, graduate fellowship and insti- into configurations suitable for release to program at the National Bio- and Agro-de- tution challenge grants, and grants manage- the Administrator of General Services, and fense Facility located in Manhattan, Kansas; ment systems shall remain available until for the operation, maintenance, improve- and of which not less than $7,000,000 shall be expended: Provided further, That each institu- ment, and repair of Agriculture buildings available for purposes of entering into a tion eligible to receive funds under the and facilities, and for related costs, management, operations, and research sup- Evans-Allen program receives no less than $58,330,000, to remain available until export contract to expedite the hiring of a ca- $1,000,000: Provided further, That funds for pended. pable workforce for the commissioning of education grants for Alaska Native and Na- the Central Utility Plant and in support of HAZARDOUS MATERIALS MANAGEMENT tive Hawaiian-serving institutions be made operations and management of the National available to individual eligible institutions (INCLUDING TRANSFERS OF FUNDS) Bio- and Agro-defense Facility: Provided, or consortia of eligible institutions with For necessary expenses of the Department That appropriations hereunder shall be funds awarded equally to each of the States of Agriculture, to comply with the Com- available for the operation and maintenance of Alaska and Hawaii: Provided further, That prehensive Environmental Response, Com- of aircraft and the purchase of not to exceed funds for education grants for 1890 institu- pensation, and Liability Act (42 U.S.C. 9601 one for replacement only: Provided further, tions shall be made available to institutions et seq.) and the Resource Conservation and That appropriations hereunder shall be eligible to receive funds under 7 U.S.C. 3221 Recovery Act (42 U.S.C. 6901 et seq.), available pursuant to 7 U.S.C. 2250 for the and 3222: Provided further, That not more $3,503,000, to remain available until ex- construction, alteration, and repair of build- than 5 percent of the amounts made avail- pended: Provided, That appropriations and ings and improvements, but unless otherwise able by this or any other Act to carry out funds available herein to the Department for provided, the cost of constructing any one the Agriculture and Food Research Initiative Hazardous Materials Management may be building shall not exceed $500,000, except for under 7 U.S.C. 450i(b) may be retained by the transferred to any agency of the Department headhouses or greenhouses which shall each Secretary of Agriculture to pay administra- for its use in meeting all requirements pur- be limited to $1,800,000, except for 10 build- tive costs incurred by the Secretary in car- suant to the above Acts on Federal and non- ings to be constructed or improved at a cost rying out that authority. Federal lands. not to exceed $1,100,000 each, and except for NATIVE AMERICAN INSTITUTIONS ENDOWMENT two buildings to be constructed at a cost not OFFICE OF INSPECTOR GENERAL FUND to exceed $3,000,000 each, and the cost of al- For necessary expenses of the Office of In- tering any one building during the fiscal For the Native American Institutions En- spector General, including employment pur- year shall not exceed 10 percent of the cur- dowment Fund authorized by Public Law suant to the Inspector General Act of 1978 rent replacement value of the building or 103–382 (7 U.S.C. 301 note), $11,880,000, to re- (Public Law 95–452; 5 U.S.C. App.), $98,208,000, $500,000, whichever is greater: Provided fur- main available until expended. including such sums as may be necessary for ther, That appropriations hereunder shall be EXTENSION ACTIVITIES contracting and other arrangements with available for entering into lease agreements For payments to States, the District of Co- public agencies and private persons pursuant at any Agricultural Research Service loca- lumbia, Puerto Rico, Guam, the Virgin Is- to section 6(a)(9) of the Inspector General tion for the construction of a research facil- lands, Micronesia, the Northern Marianas, Act of 1978 (Public Law 95–452; 5 U.S.C. App.), ity by a non-Federal entity for use by the and American Samoa, $486,692,000, which and including not to exceed $125,000 for cer- Agricultural Research Service and a condi- shall be for the purposes, and in the tain confidential operational expenses, in- tion of the lease shall be that any facility amounts, specified in the table titled ‘‘Na- cluding the payment of informants, to be ex- shall be owned, operated, and maintained by tional Institute of Food and Agriculture, Ex- pended under the direction of the Inspector the non-Federal entity and shall be removed tension Activities’’ in the report accom- General pursuant to the Inspector General upon the expiration or termination of the panying this Act: Provided, That funds for fa- Act of 1978 (Public Law 95–452; 5 U.S.C. App.) lease agreement: Provided further, That the cility improvements at 1890 institutions and section 1337 of the Agriculture and Food limitations on alterations contained in this shall remain available until expended: Pro- Act of 1981 (Public Law 97–98). Act shall not apply to modernization or re- vided further, That institutions eligible to re- OFFICE OF THE GENERAL COUNSEL placement of existing facilities at Beltsville, ceive funds under 7 U.S.C. 3221 for coopera- For necessary expenses of the Office of the Maryland: Provided further, That appropria- tive extension receive no less than $1,000,000: General Counsel, $45,146,000. tions hereunder shall be available for grant- Provided further, That funds for cooperative

VerDate Sep 11 2014 03:28 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JY6.020 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE July 23, 2018 CONGRESSIONAL RECORD — SENATE S5171 extension under sections 3(b) and (c) of the gram, $4,990,000 shall remain available until cy may exceed this limitation by up to 10 Smith-Lever Act (7 U.S.C. 343(b) and (c)) and expended; of which $13,600,000, to remain percent with notification to the Committees section 208(c) of Public Law 93–471 shall be available until expended, shall be used to on Appropriations of both Houses of Con- available for retirement and employees’ carry out the science program at the Na- gress. compensation costs for extension agents. tional Bio- and Agro-defense Facility located FUNDS FOR STRENGTHENING MARKETS, INCOME, in Manhattan, Kansas: Provided further, That INTEGRATED ACTIVITIES AND SUPPLY (SECTION 32) For the integrated research, education, no funds shall be used to formulate or ad- (INCLUDING TRANSFERS OF FUNDS) and extension grants programs, including minister a brucellosis eradication program necessary administrative expenses, for the current fiscal year that does not re- Funds available under section 32 of the Act $38,000,000, which shall be for the purposes, quire minimum matching by the States of at of August 24, 1935 (7 U.S.C. 612c), shall be and in the amounts, specified in the table ti- least 40 percent: Provided further, That this used only for commodity program expenses tled ‘‘National Institute of Food and Agri- appropriation shall be available for the oper- as authorized therein, and other related op- culture, Integrated Activities’’ in the report ation and maintenance of aircraft and the erating expenses, except for: (1) transfers to accompanying this Act: Provided, That funds purchase of not to exceed five, of which two the Department of Commerce as authorized for the Food and Agriculture Defense Initia- shall be for replacement only: Provided fur- by the Fish and Wildlife Act of 1956 (16 U.S.C. tive shall remain available until September ther, That in addition, in emergencies which 742a et seq.); (2) transfers otherwise provided 30, 2020: Provided further, That notwith- threaten any segment of the agricultural in this Act; and (3) not more than $20,489,000 standing any other provision of law, indirect production industry of the United States, for formulation and administration of mar- costs shall not be charged against any Ex- the Secretary may transfer from other ap- keting agreements and orders pursuant to tension Implementation Program Area grant propriations or funds available to the agen- the Agricultural Marketing Agreement Act awarded under the Crop Protection/Pest cies or corporations of the Department such of 1937 and the Agricultural Act of 1961 (Pub- Management Program (7 U.S.C. 7626). sums as may be deemed necessary, to be lic Law 87–128). available only in such emergencies for the OFFICE OF THE UNDER SECRETARY FOR PAYMENTS TO STATES AND POSSESSIONS arrest and eradication of contagious or infec- MARKETING AND REGULATORY PROGRAMS tious disease or pests of animals, poultry, or For payments to departments of agri- For necessary expenses of the Office of the plants, and for expenses in accordance with culture, bureaus and departments of mar- Under Secretary for Marketing and Regu- sections 10411 and 10417 of the Animal Health kets, and similar agencies for marketing ac- latory Programs, $901,000: Provided, That Protection Act (7 U.S.C. 8310 and 8316) and tivities under section 204(b) of the Agricul- funds made available by this Act to an agen- sections 431 and 442 of the Plant Protection tural Marketing Act of 1946 (7 U.S.C. 1623(b)), cy in the Marketing and Regulatory Pro- Act (7 U.S.C. 7751 and 7772), and any unex- $1,235,000. grams mission area for salaries and expenses pended balances of funds transferred for such are available to fund up to one administra- LIMITATION ON INSPECTION AND WEIGHING emergency purposes in the preceding fiscal SERVICES EXPENSES tive support staff for the Office. year shall be merged with such transferred ANIMAL AND PLANT HEALTH INSPECTION amounts: Provided further, That appropria- Not to exceed $55,000,000 (from fees col- SERVICE tions hereunder shall be available pursuant lected) shall be obligated during the current SALARIES AND EXPENSES to law (7 U.S.C. 2250) for the repair and alter- fiscal year for inspection and weighing services: Provided, That if grain export activities (INCLUDING TRANSFERS OF FUNDS) ation of leased buildings and improvements, require additional supervision and oversight, For necessary expenses of the Animal and but unless otherwise provided the cost of al- or other uncontrollable factors occur, this Plant Health Inspection Service, including tering any one building during the fiscal limitation may be exceeded by up to 10 per- up to $30,000 for representation allowances year shall not exceed 10 percent of the cur- cent with notification to the Committees on and for expenses pursuant to the Foreign rent replacement value of the building. Appropriations of both Houses of Congress. Service Act of 1980 (22 U.S.C. 4085), In fiscal year 2019, the agency is authorized $1,000,493,000, of which $470,000, to remain to collect fees to cover the total costs of pro- OFFICE OF THE UNDER SECRETARY FOR FOOD available until expended, shall be available viding technical assistance, goods, or serv- SAFETY ices requested by States, other political sub- for the control of outbreaks of insects, plant For necessary expenses of the Office of the divisions, domestic and international organi- diseases, animal diseases and for control of Under Secretary for Food Safety, $800,000: zations, foreign governments, or individuals, pest animals and birds (‘‘contingency fund’’) Provided, That funds made available by this provided that such fees are structured such to the extent necessary to meet emergency Act to an agency in the Food Safety mission that any entity’s liability for such fees is conditions; of which $11,520,000, to remain area for salaries and expenses are available reasonably based on the technical assistance, available until expended, shall be used for to fund up to one administrative support goods, or services provided to the entity by the cotton pests program for cost share pur- staff for the Office. poses or for debt retirement for active eradi- the agency, and such fees shall be reim- cation zones; of which $37,857,000, to remain bursed to this account, to remain available FOOD SAFETY AND INSPECTION SERVICE available until expended, shall be for Animal until expended, without further appropria- For necessary expenses to carry out serv- Health Technical Services; of which $705,000 tion, for providing such assistance, goods, or ices authorized by the Federal Meat Inspec- shall be for activities under the authority of services. tion Act, the Poultry Products Inspection the Horse Protection Act of 1970, as amended BUILDINGS AND FACILITIES Act, and the Egg Products Inspection Act, (15 U.S.C. 1831); of which $62,840,000, to re- For plans, construction, repair, preventive including not to exceed $10,000 for represen- main available until expended, shall be used maintenance, environmental support, im- tation allowances and for expenses pursuant to support avian health; of which $4,251,000, provement, extension, alteration, and pur- to section 8 of the Act approved August 3, to remain available until expended, shall be chase of fixed equipment or facilities, as au- 1956 (7 U.S.C. 1766), $1,049,344,000; and in addi- for information technology infrastructure; of thorized by 7 U.S.C. 2250, and acquisition of tion, $1,000,000 may be credited to this ac- which $178,170,000, to remain available until land as authorized by 7 U.S.C. 428a, $3,175,000, count from fees collected for the cost of lab- expended, shall be for specialty crop pests; of to remain available until expended. oratory accreditation as authorized by sec- which, $11,826,000, to remain available until AGRICULTURAL MARKETING SERVICE tion 1327 of the Food, Agriculture, Conserva- expended, shall be for field crop and range- tion and Trade Act of 1990 (7 U.S.C. 138f): Pro- MARKETING SERVICES land ecosystem pests; of which $16,523,000, to vided, That funds provided for the Public remain available until expended, shall be for For necessary expenses of the Agricultural Health Data Communication Infrastructure zoonotic disease management; of which Marketing Service, $155,845,000, of which system shall remain available until ex- $41,466,000, to remain available until ex- $4,000,000 shall be available for the purposes pended: Provided further, That no fewer than pended, shall be for emergency preparedness of section 12306 of Public Law 113–79: Pro- 148 full-time equivalent positions shall be and response; of which $60,000,000, to remain vided, That this appropriation shall be avail- employed during fiscal year 2019 for purposes available until expended, shall be for tree able pursuant to law (7 U.S.C. 2250) for the dedicated solely to inspections and enforce- and wood pests; of which $5,725,000, to remain alteration and repair of buildings and im- ment related to the Humane Methods of available until expended, shall be for the Na- provements, but the cost of altering any one Slaughter Act (7 U.S.C. 1901 et seq.): Provided tional Veterinary Stockpile; of which up to building during the fiscal year shall not ex- further, That the Food Safety and Inspection $1,500,000, to remain available until exceed 10 percent of the current replacement Service shall continue implementation of pended, shall be for the scrapie program for value of the building. section 11016 of Public Law 110–246 as further indemnities; of which $2,500,000, to remain Fees may be collected for the cost of stand- clarified by the amendments made in section available until expended, shall be for the ardization activities, as established by regu- 12106 of Public Law 113–79: Provided further, wildlife damage management program for lation pursuant to law (31 U.S.C. 9701). That this appropriation shall be available aviation safety: Provided, That of amounts LIMITATION ON ADMINISTRATIVE EXPENSES pursuant to law (7 U.S.C. 2250) for the alter- available under this heading for wildlife Not to exceed $60,982,000 (from fees col- ation and repair of buildings and improve- services methods development, $1,000,000 lected) shall be obligated during the current ments, but the cost of altering any one shall remain available until expended: Pro- fiscal year for administrative expenses: Pro- building during the fiscal year shall not ex- vided further, That of amounts available vided, That if crop size is understated and/or ceed 10 percent of the current replacement under this heading for the screwworm pro- other uncontrollable events occur, the agen- value of the building.

VerDate Sep 11 2014 03:28 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JY6.020 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE S5172 CONGRESSIONAL RECORD — SENATE July 23, 2018 TITLE II until expended: Provided further, That none servation direct loans and guaranteed loans FARM PRODUCTION AND CONSERVATION of the funds available to the Farm Service may be transferred among these programs: PROGRAMS Agency shall be used to close Farm Service Provided, That the Committees on Appropria- Agency county offices: Provided further, That tions of both Houses of Congress are notified OFFICE OF THE UNDER SECRETARY FOR FARM none of the funds available to the Farm at least 15 days in advance of any transfer. PRODUCTION AND CONSERVATION Service Agency shall be used to permanently RISK MANAGEMENT AGENCY For necessary expenses of the Office of the relocate county based employees that would SALARIES AND EXPENSES Under Secretary for Farm Production and result in an office with two or fewer employ- For necessary expenses of the Risk Man- Conservation, $901,000: Provided, That funds ees without prior notification and approval agement Agency, $74,829,000: Provided, That made available by this Act to an agency in of the Committees on Appropriations of both not to exceed $1,000 shall be available for of- the Farm Production and Conservation mis- Houses of Congress. sion area for salaries and expenses are avail- ficial reception and representation expenses, STATE MEDIATION GRANTS able to fund up to one administrative sup- as authorized by 7 U.S.C. 1506(i). port staff for the Office. For grants pursuant to section 502(b) of the NATURAL RESOURCES CONSERVATION SERVICE Agricultural Credit Act of 1987, as amended FARM PRODUCTION AND CONSERVATION CONSERVATION OPERATIONS (7 U.S.C. 5101–5106), $3,904,000. BUSINESS CENTER For necessary expenses for carrying out GRASSROOTS SOURCE WATER PROTECTION For necessary expenses of the Farm Pro- the provisions of the Act of April 27, 1935 (16 PROGRAM duction and Conservation Business Center, U.S.C. 590a–f), including preparation of con- $1,028,000, to remain available until ex- For necessary expenses to carry out well- servation plans and establishment of meas- pended: Provided, That $149,000 of amounts head or groundwater protection activities ures to conserve soil and water (including appropriated for the current fiscal year pur- under section 1240O of the Food Security Act farm irrigation and land drainage and such suant to section 1241(a) of the Farm Security of 1985 (16 U.S.C. 3839bb–2), $6,500,000, to re- special measures for soil and water manage- and Rural Investment Act of 1985 (16 U.S.C. main available until expended. ment as may be necessary to prevent floods 3841(a)) shall be transferred to and merged DAIRY INDEMNITY PROGRAM and the siltation of reservoirs and to control agricultural related pollutants); operation of with this account. (INCLUDING TRANSFER OF FUNDS) conservation plant materials centers; classi- FARM SERVICE AGENCY For necessary expenses involved in making fication and mapping of soil; dissemination SALARIES AND EXPENSES indemnity payments to dairy farmers and of information; acquisition of lands, water, manufacturers of dairy products under a (INCLUDING TRANSFERS OF FUNDS) and interests therein for use in the plant ma- dairy indemnity program, such sums as may For necessary expenses of the Farm Serv- terials program by donation, exchange, or be necessary, to remain available until ex- purchase at a nominal cost not to exceed $100 ice Agency, $1,202,146,000: Provided, That not pended: Provided, That such program is car- more than 50 percent of the $44,691,000 made pursuant to the Act of August 3, 1956 (7 ried out by the Secretary in the same man- U.S.C. 428a); purchase and erection or alter- available under this heading for information ner as the dairy indemnity program de- technology related to farm program deliv- ation or improvement of permanent and tem- scribed in the Agriculture, Rural Develop- porary buildings; and operation and mainte- ery, including the Modernize and Innovate ment, Food and Drug Administration, and the Delivery of Agricultural Systems and nance of aircraft, $879,107,000, to remain Related Agencies Appropriations Act, 2001 available until September 30, 2020: Provided, other farm program delivery systems, may (Public Law 106–387, 114 Stat. 1549A–12). be obligated until the Secretary submits to That appropriations hereunder shall be AGRICULTURAL CREDIT INSURANCE FUND the Committees on Appropriations of both available pursuant to 7 U.S.C. 2250 for con- PROGRAM ACCOUNT Houses of Congress, and receives written or struction and improvement of buildings and electronic notification of receipt from such (INCLUDING TRANSFERS OF FUNDS) public improvements at plant materials cen- Committees of, a plan for expenditure that For gross obligations for the principal ters, except that the cost of alterations and (1) identifies for each project/investment amount of direct and guaranteed farm own- improvements to other buildings and other over $25,000 (a) the functional and perform- ership (7 U.S.C. 1922 et seq.) and operating (7 public improvements shall not exceed ance capabilities to be delivered and the mis- U.S.C. 1941 et seq.) loans, emergency loans (7 $250,000: Provided further, That when build- sion benefits to be realized, (b) the estimated U.S.C. 1961 et seq.), Indian tribe land acquisi- ings or other structures are erected on non- lifecycle cost, including estimates for devel- tion loans (25 U.S.C. 488), boll weevil loans (7 Federal land, that the right to use such land opment as well as maintenance and oper- U.S.C. 1989), guaranteed conservation loans is obtained as provided in 7 U.S.C. 2250a: Pro- ations, and (c) key milestones to be met; (2) (7 U.S.C. 1924 et seq.), and Indian highly vided further, That of the amounts made demonstrates that each project/investment fractionated land loans (25 U.S.C. 488) to be available under this heading, $5,600,000, shall is, (a) consistent with the Farm Service available from funds in the Agricultural remain available until expended for the au- Agency Information Technology Roadmap, Credit Insurance Fund, as follows: thorities under 16 U.S.C. 1001–1005 and 1007– (b) being managed in accordance with appli- $2,750,000,000 for guaranteed farm ownership 1009 for authorized ongoing watershed cable lifecycle management policies and loans and $1,500,000,000 for farm ownership di- projects with a primary purpose of providing guidance, and (c) subject to the applicable rect loans; $1,960,000,000 for unsubsidized water to rural communities. Department’s capital planning and invest- guaranteed operating loans and $1,530,000,000 WATERSHED AND FLOOD PREVENTION ment control requirements; and (3) has been for direct operating loans; emergency loans, OPERATIONS reviewed by the Government Accountability $37,668,000; Indian tribe land acquisition For necessary expenses to carry out pre- Office and approved by the Committees on loans, $20,000,000; guaranteed conservation ventive measures, including but not limited Appropriations of both Houses of Congress: loans, $150,000,000; Indian highly fractionated to surveys and investigations, engineering Provided further, That the agency shall sub- land loans, $10,000,000; and for boll weevil operations, works of improvement, and mit a report by the end of the fourth quarter eradication program loans, $60,000,000: Pro- changes in use of land, in accordance with of fiscal year 2019 to the Committees on Ap- vided, That the Secretary shall deem the the Watershed Protection and Flood Preven- propriations and the Government Account- pink bollworm to be a boll weevil for the tion Act (16 U.S.C. 1001–1005 and 1007–1009) ability Office, that identifies for each purpose of boll weevil eradication program and in accordance with the provisions of project/investment that is operational (a) loans. laws relating to the activities of the Depart- current performance against key indicators For the cost of direct and guaranteed loans ment, $150,000,000, to remain available until of customer satisfaction, (b) current per- and grants, including the cost of modifying expended: Provided, That for funds provided formance of service level agreements or loans as defined in section 502 of the Con- by this Act or any other prior Act, the limi- other technical metrics, (c) current perform- gressional Budget Act of 1974, as follows: tation regarding the size of the watershed or ance against a pre-established cost baseline, farm operating loans, $59,670,000 for direct subwatershed exceeding two hundred and (d) a detailed breakdown of current and operating loans, $21,168,000 for unsubsidized fifty thousand acres in which such activities planned spending on operational enhance- guaranteed operating loans, emergency can be undertaken shall only apply for ac- ments or upgrades, and (e) an assessment of loans, $1,567,000 and $2,134,000 for Indian high- tivities undertaken for the primary purpose whether the investment continues to meet ly fractionated land loans to remain avail- of flood prevention (including structural and business needs as intended as well as alter- able until expended. land treatment measures): Provided further, natives to the investment: Provided further, In addition, for administrative expenses That of the amounts made available under That the Secretary is authorized to use the necessary to carry out the direct and guar- this heading, $50,000,000 shall be allocated to services, facilities, and authorities (but not anteed loan programs, $325,068,000: Provided, projects and activities that can commence the funds) of the Commodity Credit Corpora- That of this amount, $314,998,000 shall be promptly following enactment; that address tion to make program payments for all pro- transferred to and merged with the appro- regional priorities for flood prevention, agri- grams administered by the Agency: Provided priation for ‘‘Farm Service Agency, Salaries cultural water management, inefficient irri- further, That other funds made available to and Expenses’’, of which $8,000,000 shall be gation systems, fish and wildlife habitat, or the Agency for authorized activities may be available until September 30, 2020. watershed protection; or that address au- advanced to and merged with this account: Funds appropriated by this Act to the Ag- thorized ongoing projects under the authori- Provided further, That funds made available ricultural Credit Insurance Program Ac- ties of section 13 of the Flood Control Act of to county committees shall remain available count for farm ownership, operating and con- December 22, 1944 (Public Law 78–534) with a

VerDate Sep 11 2014 03:28 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JY6.020 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE July 23, 2018 CONGRESSIONAL RECORD — SENATE S5173 primary purpose of watershed protection by thorized by title V of the Housing Act of under section 521(a)(2) of the Housing Act of preventing floodwater damage and stabi- 1949, to be available from funds in the rural 1949 or agreements entered into in lieu of lizing stream channels, tributaries, and housing insurance fund, as follows: debt forgiveness or payments for eligible banks to reduce erosion and sediment trans- $1,100,000,000 shall be for direct loans and households as authorized by section port. $24,000,000,000 shall be for unsubsidized guar- 502(c)(5)(D) of the Housing Act of 1949, CORPORATIONS anteed loans; $28,000,000 for section 504 hous- $1,331,400,000, of which $40,000,000 shall be The following corporations and agencies ing repair loans; $40,000,000 for section 515 available until September 30, 2020; and in ad- are hereby authorized to make expenditures, rental housing; $230,000,000 for section 538 dition such sums as may be necessary, as au- within the limits of funds and borrowing au- guaranteed multi-family housing loans; thorized by section 521(c) of the Act, to liq- thority available to each such corporation or $10,000,000 for credit sales of single family uidate debt incurred prior to fiscal year 1992 agency and in accord with law, and to make housing acquired property; $5,000,000 for sec- to carry out the rental assistance program tion 523 self-help housing land development contracts and commitments without regard under section 521(a)(2) of the Act: Provided, loans; and $5,000,000 for section 524 site devel- to fiscal year limitations as provided by sec- That rental assistance agreements entered opment loans. tion 104 of the Government Corporation Con- into or renewed during the current fiscal For the cost of direct and guaranteed year shall be funded for a one-year period: trol Act as may be necessary in carrying out loans, including the cost of modifying loans, the programs set forth in the budget for the Provided further, That any unexpended bal- as defined in section 502 of the Congressional ances remaining at the end of such one-year current fiscal year for such corporation or Budget Act of 1974, as follows: section 502 agency, except as hereinafter provided. agreements may be transferred and used for loans, $53,900,000 shall be for direct loans; purposes of any debt reduction; mainte- FEDERAL CROP INSURANCE CORPORATION FUND section 504 housing repair loans, $3,419,000; nance, repair, or rehabilitation of any exist- For payments as authorized by section 516 section 523 self-help housing land developing projects; preservation; and rental assist- of the Federal Crop Insurance Act (7 U.S.C. ment loans, $431,000; section 524 site develop- ance activities authorized under title V of 1516), such sums as may be necessary, to re- ment loans, $176,000; and repair, rehabilita- the Act: Provided further, That rental assist- main available until expended. tion, and new construction of section 515 ance provided under agreements entered into COMMODITY CREDIT CORPORATION FUND rental housing, $9,484,000: Provided, That to prior to fiscal year 2019 for a farm labor REIMBURSEMENT FOR NET REALIZED LOSSES support the loan program level for section multi-family housing project financed under 538 guaranteed loans made available under (INCLUDING TRANSFERS OF FUNDS) section 514 or 516 of the Act may not be re- this heading the Secretary may charge or ad- captured for use in another project until For the current fiscal year, such sums as just any fees to cover the projected cost of may be necessary to reimburse the Com- such assistance has remained unused for a such loan guarantees pursuant to the provi- period of 12 consecutive months, if such modity Credit Corporation for net realized sions of the Credit Reform Act of 1990 (2 losses sustained, but not previously reim- project has a waiting list of tenants seeking U.S.C. 661 et seq.), and the interest on such such assistance or the project has rental as- bursed, pursuant to section 2 of the Act of loans may not be subsidized: , Provided further sistance eligible tenants who are not receiv- August 17, 1961 (15 U.S.C. 713a–11): Provided, That applicants in communities that have a ing such assistance: Provided further, That That of the funds available to the Com- current rural area waiver under section 541 such recaptured rental assistance shall, to modity Credit Corporation under section 11 of the Housing Act of 1949 (42 U.S.C. 1490q) the extent practicable, be applied to another of the Commodity Credit Corporation Char- shall be treated as living in a rural area for farm labor multi-family housing project fi- ter Act (15 U.S.C. 714i) for the conduct of its purposes of section 502 guaranteed loans pro- nanced under section 514 or 516 of the Act: business with the Foreign Agricultural Serv- vided under this heading: Provided further, Provided further, That except as provided in ice, up to $5,000,000 may be transferred to and That of the amounts available under this the third proviso under this heading and not- used by the Foreign Agricultural Service for paragraph for section 502 direct loans, no less withstanding any other provision of the Act, information resource management activities than $5,000,000 shall be available for direct of the Foreign Agricultural Service that are loans for individuals whose homes will be the Secretary may recapture rental assist- not related to Commodity Credit Corpora- built pursuant to a program funded with a ance provided under agreements entered into tion business. mutual and self-help housing grant author- prior to fiscal year 2019 for a project that the Secretary determines no longer needs rental HAZARDOUS WASTE MANAGEMENT ized by section 523 of the Housing Act of 1949 assistance and use such recaptured funds for (LIMITATION ON EXPENSES) until June 1, 2019: Provided further, That the current needs. For the current fiscal year, the Commodity Secretary shall implement provisions to pro- MULTI-FAMILY HOUSING REVITALIZATION Credit Corporation shall not expend more vide incentives to nonprofit organizations PROGRAM ACCOUNT than $5,000,000 for site investigation and and public housing authorities to facilitate cleanup expenses, and operations and main- the acquisition of Rural Housing Service For the rural housing voucher program as tenance expenses to comply with the require- (RHS) multifamily housing properties by authorized under section 542 of the Housing ment of section 107(g) of the Comprehensive such nonprofit organizations and public Act of 1949, but notwithstanding subsection Environmental Response, Compensation, and housing authorities that commit to keep (b) of such section, and for additional costs Liability Act (42 U.S.C. 9607(g)), and section such properties in the RHS multifamily to conduct a demonstration program for the 6001 of the Resource Conservation and Recov- housing program for a period of time as de- preservation and revitalization of multi-fam- ery Act (42 U.S.C. 6961). termined by the Secretary, with such incen- ily rental housing properties described in tives to include, but not be limited to, the this paragraph, $50,000,000, to remain avail- TITLE III following: allow such nonprofit entities and able until expended: Provided, That of the RURAL DEVELOPMENT PROGRAMS public housing authorities to earn a Return funds made available under this heading, RURAL DEVELOPMENT on Investment on their own resources to in- $26,000,000, shall be available for rural hous- SALARIES AND EXPENSES clude proceeds from low income housing tax ing vouchers to any low-income household (INCLUDING TRANSFERS OF FUNDS) credit syndication, own contributions, (including those not receiving rental assist- grants, and developer loans at favorable For necessary expenses for carrying out ance) residing in a property financed with a rates and terms, invested in a deal; and allow the administration and implementation of section 515 loan which has been prepaid after reimbursement of organizational costs asso- Rural Development programs, including ac- September 30, 2005: Provided further, That the ciated with owner’s oversight of asset re- tivities with institutions concerning the de- amount of such voucher shall be the dif- ferred to as ‘‘Asset Management Fee’’ of up velopment and operation of agricultural co- ference between comparable market rent for to $7,500 per property. operatives; and for cooperative agreements; the section 515 unit and the tenant paid rent In addition, for the cost of direct loans, $232,835,000: Provided, That notwithstanding for such unit: Provided further, That funds grants, and contracts, as authorized by sec- any other provision of law, funds appro- made available for such vouchers shall be tions 514 and 516 of the Housing Act of 1949 priated under this heading may be used for subject to the availability of annual appro- (42 U.S.C. 1484, 1486), $14,281,000, to remain advertising and promotional activities that priations: Provided further, That the Sec- available until expended, for direct farm support Rural Development programs: Pro- retary shall, to the maximum extent prac- labor housing loans and domestic farm labor vided further, That in addition to any other ticable, administer such vouchers with cur- housing grants and contracts: Provided, That funds appropriated for purposes authorized rent regulations and administrative guid- any balances available for the Farm Labor by section 502(i) of the Housing Act of 1949 ance applicable to section 8 housing vouchers Program Account shall be transferred to and (42 U.S.C. 1472(i)), any amounts collected administered by the Secretary of the Depart- merged with this account. under such section will immediately be cred- ment of Housing and Urban Development: In addition, for administrative expenses Provided further, That if the Secretary deter- ited to this account and will remain avail- necessary to carry out the direct and guar- able until expended for such purposes. mines that the amount made available for anteed loan programs, $412,254,000 shall be vouchers in this or any other Act is not RURAL HOUSING SERVICE transferred to and merged with the appro- needed for vouchers, the Secretary may use RURAL HOUSING INSURANCE FUND PROGRAM priation for ‘‘Rural Development, Salaries such funds for the demonstration program ACCOUNT and Expenses’’. for the preservation and revitalization of (INCLUDING TRANSFERS OF FUNDS) RENTAL ASSISTANCE PROGRAM multi-family rental housing properties de- For gross obligations for the principal For rental assistance agreements entered scribed in this paragraph: Provided further, amount of direct and guaranteed loans as au- into or renewed pursuant to the authority That of the funds made available under this

VerDate Sep 11 2014 03:28 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JY6.020 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE S5174 CONGRESSIONAL RECORD — SENATE July 23, 2018 heading, $24,000,000 shall be available for a development projects in rural areas: Provided appropriation for ‘‘Rural Development, Sala- demonstration program for the preservation further, That such funds shall be made avail- ries and Expenses’’. and revitalization of the sections 514, 515, able to qualified private, nonprofit and pub- RURAL ECONOMIC DEVELOPMENT LOANS and 516 multi-family rental housing prop- lic intermediary organizations proposing to PROGRAM ACCOUNT erties to restructure existing USDA multi- carry out a program of financial and tech- For the principal amount of direct loans, family housing loans, as the Secretary deems nical assistance: Provided further, That such as authorized under section 313 of the Rural appropriate, expressly for the purposes of en- intermediary organizations shall provide Electrification Act, for the purpose of pro- suring the project has sufficient resources to matching funds from other sources, includ- moting rural economic development and job preserve the project for the purpose of pro- ing Federal funds for related activities, in an creation projects, $45,000,000. viding safe and affordable housing for low-in- amount not less than funds provided: Pro- The cost of grants authorized under sec- come residents and farm laborers including vided further, That $5,778,000 of the amount tion 313 of the Rural Electrification Act, for reducing or eliminating interest; deferring appropriated under this heading shall be to the purpose of promoting rural economic de- loan payments, subordinating, reducing or provide grants for facilities in rural commu- velopment and job creation projects shall reamortizing loan debt; and other financial nities with extreme unemployment and se- not exceed $10,000,000. assistance including advances, payments and vere economic depression (Public Law 106– RURAL COOPERATIVE DEVELOPMENT GRANTS incentives (including the ability of owners to 387), with up to 5 percent for administration For rural cooperative development grants obtain reasonable returns on investment) re- and capacity building in the State rural de- authorized under section 310B(e) of the Con- quired by the Secretary: Provided further, velopment offices: Provided further, That solidated Farm and Rural Development Act That the Secretary shall as part of the pres- $4,000,000 of the amount appropriated under (7 U.S.C. 1932), $30,050,000, of which $3,750,000 ervation and revitalization agreement obtain this heading shall be available for commu- shall be for cooperative agreements for the a restrictive use agreement consistent with nity facilities grants to tribal colleges, as appropriate technology transfer for rural the terms of the restructuring: Provided fur- authorized by section 306(a)(19) of such Act: areas program: Provided, That not to exceed ther, That if the Secretary determines that Provided further, That sections 381E–H and $3,000,000 shall be for grants for cooperative additional funds for vouchers described in 381N of the Consolidated Farm and Rural De- development centers, individual coopera- this paragraph are needed, funds for the pres- velopment Act are not applicable to the tives, or groups of cooperatives that serve ervation and revitalization demonstration funds made available under this heading. socially disadvantaged groups and a major- program may be used for such vouchers: Pro- RURAL BUSINESS—COOPERATIVE SERVICE ity of the boards of directors or governing vided further, That if Congress enacts legisla- RURAL BUSINESS PROGRAM ACCOUNT boards of which are comprised of individuals tion to permanently authorize a multi-fam- (INCLUDING TRANSFERS OF FUNDS) who are members of socially disadvantaged ily rental housing loan restructuring pro- groups; and of which $17,500,000, to remain gram similar to the demonstration program For the cost of loan guarantees and grants, for the rural business development programs available until expended, shall be for value- described herein, the Secretary may use added agricultural product market develop- funds made available for the demonstration authorized by section 310B and described in subsections (a), (c), (f) and (g) of section 310B ment grants, as authorized by section 231 of program under this heading to carry out the Agricultural Risk Protection Act of 2000 such legislation with the prior approval of of the Consolidated Farm and Rural Develop- ment Act, $69,619,000, to remain available (7 U.S.C. 1632a), of which $2,500,000 shall be the Committees on Appropriations of both for Agriculture Innovation Centers author- Houses of Congress: Provided further, That in until expended: Provided, That of the amount appropriated under this heading, not to ex- ized pursuant to section 6402 of Public Law addition to any other available funds, the 107–171. Secretary may expend not more than ceed $500,000 shall be made available for one RURAL ENERGY FOR AMERICA PROGRAM $1,000,000 total, from the program funds made grant to a qualified national organization to available under this heading, for administra- provide technical assistance for rural trans- For the cost of a program of loan guaran- tive expenses for activities funded under this portation in order to promote economic de- tees, under the same terms and conditions as heading. velopment and $8,000,000 shall be for grants authorized by section 9007 of the Farm Secu- to the Delta Regional Authority (7 U.S.C. rity and Rural Investment Act of 2002 (7 MUTUAL AND SELF-HELP HOUSING GRANTS 2009aa et seq.), the Northern Border Regional U.S.C. 8107), $338,000: Provided, That the cost For grants and contracts pursuant to sec- Commission (40 U.S.C. 15101 et seq.), and the of loan guarantees, including the cost of tion 523(b)(1)(A) of the Housing Act of 1949 (42 Appalachian Regional Commission (40 U.S.C. modifying such loans, shall be as defined in U.S.C. 1490c), $30,000,000, to remain available 14101 et seq.) for any Rural Community Ad- section 502 of the Congressional Budget Act until expended. vancement Program purpose as described in of 1974. RURAL HOUSING ASSISTANCE GRANTS section 381E(d) of the Consolidated Farm and RURAL UTILITIES SERVICE For grants for very low-income housing re- Rural Development Act, of which not more RURAL WATER AND WASTE DISPOSAL PROGRAM pair and rural housing preservation made by than 5 percent may be used for administra- ACCOUNT the Rural Housing Service, as authorized by tive expenses: Provided further, That (INCLUDING TRANSFERS OF FUNDS) 42 U.S.C. 1474, and 1490m, $40,000,000, to re- $4,000,000 of the amount appropriated under For the cost of direct loans, loan guaran- main available until expended. this heading shall be for business grants to tees, and grants for the rural water, waste benefit Federally Recognized Native Amer- RURAL COMMUNITY FACILITIES PROGRAM water, waste disposal, and solid waste man- ican Tribes, including $250,000 for a grant to ACCOUNT agement programs authorized by sections a qualified national organization to provide (INCLUDING TRANSFERS OF FUNDS) 306, 306A, 306C, 306D, 306E, and 310B and de- technical assistance for rural transportation scribed in sections 306C(a)(2), 306D, 306E, and For gross obligations for the principal in order to promote economic development: 381E(d)(2) of the Consolidated Farm and amount of direct and guaranteed loans as au- Provided further, That sections 381E–H and Rural Development Act, $558,183,000, to re- thorized by section 306 and described in sec- 381N of the Consolidated Farm and Rural De- main available until expended, of which not tion 381E(d)(1) of the Consolidated Farm and velopment Act are not applicable to funds to exceed $1,000,000 shall be available for the Rural Development Act, $3,000,000,000 for di- made available under this heading. rect loans and $148,287,000 for guaranteed rural utilities program described in section loans. INTERMEDIARY RELENDING PROGRAM FUND 306(a)(2)(B) of such Act, and of which not to For the cost of guaranteed loans, including ACCOUNT exceed $993,000 shall be available for the the cost of modifying loans, as defined in (INCLUDING TRANSFER OF FUNDS) rural utilities program described in section section 502 of the Congressional Budget Act For the principal amount of direct loans, 306E of such Act: Provided, That not to ex- of 1974, $4,285,000, to remain available until as authorized by the Intermediary Relending ceed $15,000,000 of the amount appropriated expended. Program Fund Account (7 U.S.C. 1936b), under this heading shall be for grants au- For the cost of grants for rural community $18,889,000. thorized by section 306A(i)(2) of the Consoli- facilities programs as authorized by section For the cost of direct loans, $4,157,000, as dated Farm and Rural Development Act in 306 and described in section 381E(d)(1) of the authorized by the Intermediary Relending addition to funding authorized by section Consolidated Farm and Rural Development Program Fund Account (7 U.S.C. 1936b), of 306A(i)(1) of such Act and such grants may Act, $47,778,000, to remain available until ex- which $557,000 shall be available through not exceed $1,000,000 notwithstanding section pended: Provided, That $6,000,000 of the June 30, 2019, for Federally Recognized Na- 306A(f)(1) of such Act: Provided further, That amount appropriated under this heading tive American Tribes; and of which $1,072,000 $68,000,000 of the amount appropriated under shall be available for a Rural Community shall be available through June 30, 2019, for this heading shall be for loans and grants in- Development Initiative: Provided further, Mississippi Delta Region counties (as deter- cluding water and waste disposal systems That such funds shall be used solely to de- mined in accordance with Public Law 100– grants authorized by section 306C(a)(2)(B) velop the capacity and ability of private, 460): Provided, That such costs, including the and section 306D of the Consolidated Farm nonprofit community-based housing and cost of modifying such loans, shall be as de- and Rural Development Act, and Federally community development organizations, low- fined in section 502 of the Congressional Recognized Native American Tribes author- income rural communities, and Federally Budget Act of 1974. ized by 306C(a)(1) of such Act: Provided fur- Recognized Native American Tribes to un- In addition, for administrative expenses to ther, That funding provided for section 306D dertake projects to improve housing, com- carry out the direct loan programs, $4,468,000 of the Consolidated Farm and Rural Develop- munity facilities, community and economic shall be transferred to and merged with the ment Act may be provided to a consortium

VerDate Sep 11 2014 03:28 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JY6.020 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE July 23, 2018 CONGRESSIONAL RECORD — SENATE S5175 formed pursuant to section 325 of Public Law anteed loan programs, $33,270,000, which shall is amended in the first sentence by striking 105–83: Provided further, That not more than 2 be transferred to and merged with the appro- ‘‘for fiscal year 2018’’ and inserting ‘‘for fis- percent of the funding provided for section priation for ‘‘Rural Development, Salaries cal year 2019’’: Provided further, That section 306D of the Consolidated Farm and Rural De- and Expenses’’. 9(h)(4) of the Richard B. Russell National velopment Act may be used by the State of DISTANCE LEARNING, TELEMEDICINE, AND School Lunch Act (42 U.S.C. 1758(h)(4)) is Alaska for training and technical assistance BROADBAND PROGRAM amended in the first sentence by striking programs and not more than 2 percent of the ‘‘for fiscal year 2018’’ and inserting ‘‘for fis- For the principal amount of broadband funding provided for section 306D of the Con- cal year 2019’’. telecommunication loans, $29,851,000. solidated Farm and Rural Development Act SPECIAL SUPPLEMENTAL NUTRITION PROGRAM For grants for telemedicine and distance may be used by a consortium formed pursu- FOR WOMEN, INFANTS, AND CHILDREN (WIC) learning services in rural areas, as author- ant to section 325 of Public Law 105–83 for ized by 7 U.S.C. 950aaa et seq., $33,000,000, to For necessary expenses to carry out the training and technical assistance programs: remain available until expended: Provided, special supplemental nutrition program as Provided further, That not to exceed authorized by section 17 of the Child Nutri- $40,000,000 of the amount appropriated under That $3,000,000 shall be made available for grants authorized by 379G of the Consoli- tion Act of 1966 (42 U.S.C. 1786), $6,150,000,000, this heading shall be for technical assistance to remain available through September 30, grants for rural water and waste systems dated Farm and Rural Development Act: Pro- vided further, That funding provided under 2020, of which $25,000,000 shall be placed in re- pursuant to section 306(a)(14) of such Act, un- serve, to remain available until expended, to this heading for grants under 379G of the less the Secretary makes a determination of be allocated as the Secretary deemed nec- Consolidated Farm and Rural Development extreme need, of which $8,000,000 shall be essary, notwithstanding section 17(i) of such Act may only be provided to entities that made available for a grant to a qualified Act, to support participation should cost or meet all of the eligibility criteria for a con- nonprofit multi-State regional technical as- participation exceed budget estimates: Pro- sistance organization, with experience in sortium as established by this section. vided, That notwithstanding section 17(h)(10) working with small communities on water For the cost of broadband loans, as author- of the Child Nutrition Act of 1966 (42 U.S.C. and waste water problems, the principal pur- ized by section 601 of the Rural Electrifica- 1786(h)(10)), not less than $60,000,000 shall be pose of such grant shall be to assist rural tion Act, $5,830,000, to remain available until used for breastfeeding peer counselors and communities with populations of 3,300 or expended: Provided, That the cost of direct other related activities, and $19,000,000 shall less, in improving the planning, financing, loans shall be as defined in section 502 of the be used for infrastructure, of which $5,000,000 development, operation, and management of Congressional Budget Act of 1974. shall be for competitive grants to promote water and waste water systems, and of which In addition, $30,000,000, to remain available breastfeeding and improved nutritional not less than $800,000 shall be for a qualified until expended, for a grant program to fi- health through technologies and services, in- national Native American organization to nance broadband transmission in rural areas cluding telemedicine: Provided further, That provide technical assistance for rural water eligible for Distance Learning and Telemedi- none of the funds provided in this account systems for tribal communities: Provided fur- cine Program benefits authorized by 7 U.S.C. shall be available for the purchase of infant ther, That not to exceed $19,000,000 of the 950aaa. formula except in accordance with the cost amount appropriated under this heading TITLE IV containment and competitive bidding re- shall be for contracting with qualified na- DOMESTIC FOOD PROGRAMS quirements specified in section 17 of such tional organizations for a circuit rider pro- Act: Provided further, That none of the funds OFFICE OF THE UNDER SECRETARY FOR FOOD, gram to provide technical assistance for provided shall be available for activities that NUTRITION, AND CONSUMER SERVICES rural water systems: Provided further, That are not fully reimbursed by other Federal not to exceed $4,000,000 shall be for solid For necessary expenses of the Office of the Government departments or agencies unless waste management grants: Provided further, Under Secretary for Food, Nutrition, and authorized by section 17 of such Act: Pro- That $10,000,000 of the amount appropriated Consumer Services, $800,000: Provided, That vided further, That upon termination of a fed- under this heading shall be transferred to, funds made available by this Act to an agen- erally mandated vendor moratorium and and merged with, the Rural Utilities Service, cy in the Food, Nutrition and Consumer subject to terms and conditions established High Energy Cost Grants Account to provide Services mission area for salaries and ex- by the Secretary, the Secretary may waive grants authorized under section 19 of the penses are available to fund up to one admin- the requirement at 7 CFR 246.12(g)(6) at the Rural Electrification Act of 1936 (7 U.S.C. istrative support staff for the Office. request of a State agency. 918a): Provided further, That any prior year FOOD AND NUTRITION SERVICE SUPPLEMENTAL NUTRITION ASSISTANCE balances for high-energy cost grants author- CHILD NUTRITION PROGRAMS PROGRAM ized by section 19 of the Rural Electrifica- (INCLUDING TRANSFERS OF FUNDS) For necessary expenses to carry out the tion Act of 1936 (7 U.S.C. 918a) shall be trans- Food and Nutrition Act of 2008 (7 U.S.C. 2011 For necessary expenses to carry out the ferred to and merged with the Rural Utilities et seq.), $73,219,274,000, of which $3,000,000,000, Richard B. Russell National School Lunch Service, High Energy Cost Grants Account: to remain available through December 31, Provided further, That sections 381E–H and Act (42 U.S.C. 1751 et seq.), except section 21, 2020, shall be placed in reserve for use only in 381N of the Consolidated Farm and Rural De- and the Child Nutrition Act of 1966 (42 U.S.C. such amounts and at such times as may be- velopment Act are not applicable to the 1771 et seq.), except sections 17 and 21; come necessary to carry out program oper- funds made available under this heading. $23,184,012,000 to remain available through ations: Provided, That funds provided herein RURAL ELECTRIFICATION AND TELECOMMUNI- September 30, 2020, of which such sums as are shall be expended in accordance with section CATIONS LOANS PROGRAM ACCOUNT made available under section 14222(b)(1) of 16 of the Food and Nutrition Act of 2008: Pro- (INCLUDING TRANSFER OF FUNDS) the Food, Conservation, and Energy Act of vided further, That of the funds made avail- 2008 (Public Law 110–246), as amended by this The principal amount of direct and guaran- able under this heading, $998,000 may be used Act, shall be merged with and available for teed loans as authorized by sections 305, 306, to provide nutrition education services to the same time period and purposes as pro- and 317 of the Rural Electrification Act of State agencies and Federally Recognized vided herein: Provided, That of the total 1936 (7 U.S.C. 935, 936, and 940g) shall be made Tribes participating in the Food Distribution amount available, $17,004,000 shall be avail- as follows: loans made pursuant to sections Program on Indian Reservations: Provided 305, 306, and 317, notwithstanding 317(c), of able to carry out section 19 of the Child Nu- further, That this appropriation shall be sub- that Act, rural electric, $5,500,000,000; guar- trition Act of 1966 (42 U.S.C. 1771 et seq.): ject to any work registration or workfare re- anteed underwriting loans pursuant to sec- Provided further, That of the total amount quirements as may be required by law: Pro- tion 313A, $750,000,000; 5 percent rural tele- available, $30,000,000 shall be available to vided further, That funds made available for communications loans, cost of money rural provide competitive grants to State agencies Employment and Training under this head- telecommunications loans, and for loans for subgrants to local educational agencies ing shall remain available through Sep- made pursuant to section 306 of that Act, and schools to purchase the equipment, with tember 30, 2020: Provided further, That funds rural telecommunications loans, $690,000,000: a value of greater than $1,000, needed to made available under this heading for sec- Provided, That up to $2,000,000,000 shall be serve healthier meals, improve food safety, tion 28(d)(1), section 4(b), and section 27(a) of used for the construction, acquisition, design and to help support the establishment, main- the Food and Nutrition Act of 2008 shall re- and engineering or improvement of fossil- tenance, or expansion of the school breakfast main available through September 30, 2020: fueled electric generating plants (whether program: Provided further, That of the total Provided further, That none of the funds made new or existing) that utilize carbon sub- amount available, $28,000,000 shall remain available under this heading may be obli- surface utilization and storage systems. available until expended to carry out section gated or expended in contravention of sec- For the cost of direct loans as authorized 749(g) of the Agriculture Appropriations Act tion 213A of the Immigration and Nation- by section 305 of the Rural Electrification of 2010 (Public Law 111–80): Provided further, ality Act (8 U.S.C. 1183A): Provided further, Act of 1936 (7 U.S.C. 935), including the cost That section 26(d) of the Richard B. Russell That funds made available under this head- of modifying loans, as defined in section 502 National School Lunch Act (42 U.S.C. ing may be used to enter into contracts and of the Congressional Budget Act of 1974, cost 1769g(d)) is amended in the first sentence by employ staff to conduct studies, evaluations, of money rural telecommunications loans, striking ‘‘2010 through 2018’’ and inserting or to conduct activities related to program $1,725,000. ‘‘2010 through 2019’’: Provided further, That integrity provided that such activities are In addition, for administrative expenses section 9(h)(3) of the Richard B. Russell Na- authorized by the Food and Nutrition Act of necessary to carry out the direct and guar- tional School Lunch Act (42 U.S.C. 1758(h)(3)) 2008.

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COMMODITY ASSISTANCE PROGRAM to $2,000,000 of the Foreign Agricultural to exceed $25,000; and notwithstanding sec- For necessary expenses to carry out dis- Service appropriation solely for the purpose tion 521 of Public Law 107–188; $5,419,299,000: aster assistance and the Commodity Supple- of offsetting fluctuations in international Provided, That of the amount provided under mental Food Program as authorized by sec- currency exchange rates, subject to docu- this heading, $960,568,000 shall be derived tion 4(a) of the Agriculture and Consumer mentation by the Foreign Agricultural Serv- from prescription drug user fees authorized Protection Act of 1973 (7 U.S.C. 612c note); ice, shall remain available until expended. by 21 U.S.C. 379h, and shall be credited to the Emergency Food Assistance Act of 1983; FOOD FOR PEACE TITLE I DIRECT CREDIT AND this account and remain available until ex- special assistance for the nuclear affected is- FOOD FOR PROGRESS PROGRAM ACCOUNT pended; $196,668,000 shall be derived from medical device user fees authorized by 21 lands, as authorized by section 103(f)(2) of the (INCLUDING TRANSFER OF FUNDS) Compact of Free Association Amendments U.S.C. 379j, and shall be credited to this ac- For administrative expenses to carry out count and remain available until expended; Act of 2003 (Public Law 108–188); and the the credit program of title I, Food for Peace Farmers’ Market Nutrition Program, as au- $501,396,000 shall be derived from human ge- Act (Public Law 83–480) and the Food for neric drug user fees authorized by 21 U.S.C. thorized by section 17(m) of the Child Nutri- Progress Act of 1985, $142,000, shall be trans- tion Act of 1966, $322,139,000, to remain avail- 379j–42, and shall be credited to this account ferred to and merged with the appropriation and remain available until expended; able through September 30, 2020: Provided, for ‘‘Farm Service Agency, Salaries and Ex- That none of these funds shall be available $40,922,000 shall be derived from biosimilar penses’’. biological product user fees authorized by 21 to reimburse the Commodity Credit Corpora- FOOD FOR PEACE TITLE II GRANTS U.S.C. 379j–52, and shall be credited to this tion for commodities donated to the pro- account and remain available until ex- gram: Provided further, That notwithstanding For expenses during the current fiscal pended; $30,331,000 shall be derived from ani- any other provision of law, effective with year, not otherwise recoverable, and unre- mal drug user fees authorized by 21 U.S.C. funds made available in fiscal year 2019 to covered prior years’ costs, including interest 379j–12, and shall be credited to this account support the Seniors Farmers’ Market Nutri- thereon, under the Food for Peace Act (Pub- and remain available until expended; tion Program, as authorized by section 4402 lic Law 83–480), for commodities supplied in $18,336,000 shall be derived from generic new of the Farm Security and Rural Investment connection with dispositions abroad under animal drug user fees authorized by 21 U.S.C. Act of 2002, such funds shall remain available title II of said Act, $1,716,000,000, to remain available until expended. 379j–21, and shall be credited to this account through September 30, 2020: Provided further, and remain available until expended; MCGOVERN-DOLE INTERNATIONAL FOOD FOR That of the funds made available under sec- $712,000,000 shall be derived from tobacco EDUCATION AND CHILD NUTRITION PROGRAM tion 27(a) of the Food and Nutrition Act of product user fees authorized by 21 U.S.C. GRANTS 2008 (7 U.S.C. 2036(a)), the Secretary may use 387s, and shall be credited to this account up to 15 percent for costs associated with the For necessary expenses to carry out the and remain available until expended: Pro- distribution of commodities. provisions of section 3107 of the Farm Secu- vided further, That in addition to and not- NUTRITION PROGRAMS ADMINISTRATION rity and Rural Investment Act of 2002 (7 withstanding any other provision under this For necessary administrative expenses of U.S.C. 1736o–1), $210,255,000, to remain avail- heading, amounts collected for prescription the Food and Nutrition Service for carrying able until expended: Provided, That the Com- drug user fees, medical device user fees, out any domestic nutrition assistance pro- modity Credit Corporation is authorized to human generic drug user fees, biosimilar bio- gram, $164,688,000: Provided, That of the funds provide the services, facilities, and authori- logical product user fees, animal drug user provided herein, $2,000,000 shall be used for ties for the purpose of implementing such fees, and generic new animal drug user fees the purposes of section 4404 of Public Law section, subject to reimbursement from that exceed the respective fiscal year 2019 107–171, as amended by section 4401 of Public amounts provided herein: Provided further, limitations are appropriated and shall be Law 110–246. That of the amount made available under credited to this account and remain avail- this heading, $15,000,000, shall remain available until expended: Provided further, That TITLE V able until expended for necessary expenses to fees derived from prescription drug, medical FOREIGN ASSISTANCE AND RELATED carry out the provisions of section 3207 of the device, human generic drug, biosimilar bio- PROGRAMS Agricultural Act of 2014 (7 U.S.C. 1726c). logical product, animal drug, and generic OFFICE OF THE UNDER SECRETARY FOR TRADE COMMODITY CREDIT CORPORATION EXPORT new animal drug assessments for fiscal year AND FOREIGN AGRICULTURAL AFFAIRS (LOANS) CREDIT GUARANTEE PROGRAM ACCOUNT 2019, including any such fees collected prior to fiscal year 2019 but credited for fiscal year For necessary expenses of the Office of the (INCLUDING TRANSFERS OF FUNDS) Under Secretary for Trade and Foreign Agri- 2019, shall be subject to the fiscal year 2019 For administrative expenses to carry out limitations: Provided further, That the Sec- cultural Affairs, $875,000: Provided, That the Commodity Credit Corporation’s Export funds made available by this Act to any retary may accept payment during fiscal Guarantee Program, GSM 102 and GSM 103, year 2019 of user fees specified under this agency in the Trade and Foreign Agricul- $8,845,000; to cover common overhead ex- tural Affairs mission area for salaries and heading and authorized for fiscal year 2020, penses as permitted by section 11 of the Com- prior to the due date for such fees, and that expenses are available to fund up to one ad- modity Credit Corporation Charter Act and ministrative support staff for the Office. amounts of such fees assessed for fiscal year in conformity with the Federal Credit Re- 2020 for which the Secretary accepts pay- OFFICE OF CODEX ALIMENTARIUS form Act of 1990, of which $6,382,000 shall be ment in fiscal year 2019 shall not be included For necessary expenses of the Office of transferred to and merged with the appro- in amounts under this heading: Provided fur- Codex Alimentarius, $3,976,000, including not priation for ‘‘Foreign Agricultural Service, ther, That none of these funds shall be used to exceed $40,000 for official reception and Salaries and Expenses’’, and of which to develop, establish, or operate any program representation expenses. $2,463,000 shall be transferred to and merged of user fees authorized by 31 U.S.C. 9701: Pro- with the appropriation for ‘‘Farm Service FOREIGN AGRICULTURAL SERVICE vided further, That of the total amount ap- Agency, Salaries and Expenses’’. propriated: (1) $1,052,315,000 shall be for the SALARIES AND EXPENSES TITLE VI Center for Food Safety and Applied Nutri- (INCLUDING TRANSFERS OF FUNDS) RELATED AGENCY AND FOOD AND DRUG tion and related field activities in the Office For necessary expenses of the Foreign Ag- ADMINISTRATION of Regulatory Affairs; (2) $1,720,807,000 shall ricultural Service, including not to exceed DEPARTMENT OF HEALTH AND HUMAN be for the Center for Drug Evaluation and $250,000 for representation allowances and for SERVICES Research and related field activities in the expenses pursuant to section 8 of the Act ap- Office of Regulatory Affairs; (3) $369,857,000 proved August 3, 1956 (7 U.S.C. 1766), FOOD AND DRUG ADMINISTRATION shall be for the Center for Biologics Evalua- $212,230,000, of which no more than 6 percent SALARIES AND EXPENSES tion and Research and for related field ac- shall remain available until September 30, For necessary expenses of the Food and tivities in the Office of Regulatory Affairs; 2020, for overseas operations to include the Drug Administration, including hire and pur- (4) $216,914,000 shall be for the Center for Vet- payment of locally employed staff: Provided, chase of passenger motor vehicles; for pay- erinary Medicine and for related field activi- That the Service may utilize advances of ment of space rental and related costs pursu- ties in the Office of Regulatory Affairs; (5) funds, or reimburse this appropriation for ex- ant to Public Law 92–313 for programs and $495,988,000 shall be for the Center for De- penditures made on behalf of Federal agen- activities of the Food and Drug Administra- vices and Radiological Health and for related cies, public and private organizations and in- tion which are included in this Act; for rent- field activities in the Office of Regulatory stitutions under agreements executed pursu- al of special purpose space in the District of Affairs; (6) $65,531,000 shall be for the Na- ant to the agricultural food production as- Columbia or elsewhere; in addition to tional Center for Toxicological Research; (7) sistance programs (7 U.S.C. 1737) and the for- amounts appropriated to the FDA Innova- $662,043,000 shall be for the Center for To- eign assistance programs of the United tion Account, for carrying out the activities bacco Products and for related field activi- States Agency for International Develop- described in section 1002(b)(4) of the 21st Cen- ties in the Office of Regulatory Affairs; (8) ment: Provided further, That funds made tury Cures Act (Public Law 114–255); for mis- not to exceed $174,751,000 shall be for Rent available for middle-income country training cellaneous and emergency expenses of en- and Related activities, of which $50,987,000 is programs, funds made available for the forcement activities, authorized and ap- for White Oak Consolidation, other than the Borlaug International Agricultural Science proved by the Secretary and to be accounted amounts paid to the General Services Ad- and Technology Fellowship program, and up for solely on the Secretary’s certificate, not ministration for rent; (9) not to exceed

VerDate Sep 11 2014 03:28 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JY6.020 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE July 23, 2018 CONGRESSIONAL RECORD — SENATE S5177 $240,887,000 shall be for payments to the Gen- INDEPENDENT AGENCY limited to, payroll, financial management, eral Services Administration for rent; and FARM CREDIT ADMINISTRATION and human capital shared services and allow (10) $420,206,000 shall be for other activities, the National Finance Center to perform LIMITATION ON ADMINISTRATIVE EXPENSES including the Office of the Commissioner of technology upgrades: Provided further, That Food and Drugs, the Office of Foods and Vet- Not to exceed $74,600,000 (from assessments of annual income amounts in the Working erinary Medicine, the Office of Medical and collected from farm credit institutions, in- Capital Fund of the Department of Agri- Tobacco Products, the Office of Global and cluding the Federal Agricultural Mortgage culture attributable to the amounts in ex- Regulatory Policy, the Office of Operations, Corporation) shall be obligated during the cess of the true costs of the shared services the Office of the Chief Scientist, and central current fiscal year for administrative ex- provided by the National Finance Center and services for these offices: Provided further, penses as authorized under 12 U.S.C. 2249: budgeted for the National Finance Center, That not to exceed $25,000 of this amount Provided, That this limitation shall not the Secretary shall reserve not more than 4 shall be for official reception and representa- apply to expenses associated with receiver- percent for the replacement or acquisition of tion expenses, not otherwise provided for, as ships: Provided further, That the agency may capital equipment, including equipment for determined by the Commissioner: Provided exceed this limitation by up to 10 percent the improvement, delivery, and implementa- further, That any transfer of funds pursuant with notification to the Committees on Ap- tion of financial, administrative, and infor- to section 770(n) of the Federal Food, Drug, propriations of both Houses of Congress. mation technology services, and other sys- and Cosmetic Act (21 U.S.C. 379dd(n)) shall TITLE VII tems of the National Finance Center or to only be from amounts made available under GENERAL PROVISIONS pay any unforeseen, extraordinary cost of this heading for other activities: Provided the National Finance Center: Provided fur- further, That of the amounts that are made (INCLUDING RESCISSIONS AND TRANSFERS OF FUNDS) ther, That none of the amounts reserved available under this heading for ‘‘other ac- shall be available for obligation unless the tivities’’, and that are not derived from user SEC. 701. Within the unit limit of cost fixed Secretary submits written notification of fees, $1,500,000 shall be transferred to and by law, appropriations and authorizations the obligation to the Committees on Appro- merged with the appropriation for ‘‘Depart- made for the Department of Agriculture for priations of both Houses of Congress: Pro- ment of Health and Human Services—Office the current fiscal year under this Act shall vided further, That the limitations on the ob- of Inspector General’’ for oversight of the be available for the purchase, in addition to ligation of funds pending notification to programs and operations of the Food and those specifically provided for, of not to ex- Congressional Committees shall not apply to Drug Administration and shall be in addition ceed 71 passenger motor vehicles of which 68 any obligation that, as determined by the to funds otherwise made available for over- shall be for replacement only, and for the Secretary, is necessary to respond to a de- sight of the Food and Drug Administration: hire of such vehicles: Provided, That notwith- clared state of emergency that significantly Provided further, That funds may be trans- standing this section, the only purchase of impacts the operations of the National Fi- ferred from one specified activity to another new passenger vehicles shall be for those de- nance Center; or to evacuate employees of with the prior approval of the Committees termined by the Secretary to be necessary the National Finance Center to a safe haven on Appropriations of both Houses of Con- for transportation safety, to reduce oper- to continue operations of the National Fi- gress. ational costs, and for the protection of life, nance Center. In addition, mammography user fees au- property, and public safety. SEC. 703. No part of any appropriation con- thorized by 42 U.S.C. 263b, export certifi- SEC. 702. Notwithstanding any other provi- tained in this Act shall remain available for cation user fees authorized by 21 U.S.C. 381, sion of this Act, the Secretary of Agriculture obligation beyond the current fiscal year un- priority review user fees authorized by 21 may transfer unobligated balances of discre- less expressly so provided herein. U.S.C. 360n and 360ff, food and feed recall tionary funds appropriated by this Act or SEC. 704. No funds appropriated by this Act fees, food reinspection fees, and voluntary any other available unobligated discre- may be used to pay negotiated indirect cost qualified importer program fees authorized tionary balances that are remaining avail- rates on cooperative agreements or similar by 21 U.S.C. 379j–31, outsourcing facility fees able of the Department of Agriculture to the arrangements between the United States De- authorized by 21 U.S.C. 379j–62, prescription Working Capital Fund for the acquisition of partment of Agriculture and nonprofit insti- drug wholesale distributor licensing and in- plant and capital equipment necessary for tutions in excess of 10 percent of the total di- spection fees authorized by 21 U.S.C. the delivery of financial, administrative, and rect cost of the agreement when the purpose 353(e)(3), third-party logistics provider li- information technology services of primary of such cooperative arrangements is to carry censing and inspection fees authorized by 21 benefit to the agencies of the Department of out programs of mutual interest between the U.S.C. 360eee–3(c)(1), third-party auditor fees Agriculture, such transferred funds to re- two parties. This does not preclude appro- authorized by 21 U.S.C. 384d(c)(8), and med- main available until expended: Provided, priate payment of indirect costs on grants ical countermeasure priority review voucher That none of the funds made available by and contracts with such institutions when user fees authorized by 21 U.S.C. 360bbb–4a, this Act or any other Act shall be trans- such indirect costs are computed on a simi- shall be credited to this account, to remain ferred to the Working Capital Fund without lar basis for all agencies for which appropria- available until expended. the prior approval of the agency adminis- tions are provided in this Act. BUILDINGS AND FACILITIES trator: Provided further, That none of the SEC. 705. Appropriations to the Department For plans, construction, repair, improve- funds transferred to the Working Capital of Agriculture for the cost of direct and ment, extension, alteration, demolition, and Fund pursuant to this section shall be avail- guaranteed loans made available in the cur- purchase of fixed equipment or facilities of able for obligation without written notifica- rent fiscal year shall remain available until or used by the Food and Drug Administra- tion to and the prior approval of the Com- expended to disburse obligations made in the tion, where not otherwise provided, mittees on Appropriations of both Houses of current fiscal year for the following ac- $11,788,000, to remain available until ex- Congress: Provided further, That none of the counts: the Rural Development Loan Fund pended. funds appropriated by this Act or made program account, the Rural Electrification FDA INNOVATION ACCOUNT, CURES ACT available to the Department’s Working Cap- and Telecommunication Loans program ac- For necessary expenses to carry out the ital Fund shall be available for obligation or count, and the Rural Housing Insurance purposes described under section 1002(b)(4) of expenditure to make any changes to the De- Fund program account. the 21st Century Cures Act, in addition to partment’s National Finance Center without SEC. 706. None of the funds made available amounts available for such purposes under written notification to and prior approval of to the Department of Agriculture by this Act the heading ‘‘Salaries and Expenses’’, the Committees on Appropriations of both may be used to acquire new information $70,000,000, to remain available until ex- Houses of Congress as required by section 717 technology systems or significant upgrades, pended: Provided, That amounts appropriated of this Act: Provided further, That none of the as determined by the Office of the Chief In- in this paragraph are appropriated pursuant funds appropriated by this Act or made formation Officer, without the approval of to section 1002(b)(3) of the 21st Century Cures available to the Department’s Working Cap- the Chief Information Officer and the con- Act, are to be derived from amounts trans- ital Fund shall be available for obligation or currence of the Executive Information Tech- ferred under section 1002(b)(2)(A) of such Act, expenditure to initiate, plan, develop, imple- nology Investment Review Board: Provided, and may be transferred by the Commissioner ment, or make any changes to remove or re- That notwithstanding any other provision of of Food and Drugs to the appropriation for locate any systems, missions, or functions of law, none of the funds appropriated or other- ‘‘Department of Health and Human Serv- the offices of the Chief Financial Officer or wise made available by this Act may be ices—Food and Drug Administration—Sala- any personnel from the National Finance transferred to the Office of the Chief Infor- ries and Expenses’’ solely for the purposes Center prior to written notification to and mation Officer without written notification provided in such Act: Provided further, That prior approval of the Committee on Appro- to and the prior approval of the Committees upon a determination by the Commissioner priations of both Houses of Congress and in on Appropriations of both Houses of Con- that funds transferred pursuant to the pre- accordance with the requirements of section gress: Provided further, That, notwith- vious proviso are not necessary for the pur- 717 of this Act: Provided further, That the standing section 11319 of title 40, United poses provided, such amounts may be trans- Secretary of Agriculture and the offices of States Code, none of the funds available to ferred back to the account: Provided further, the Chief Financial Officer shall actively the Department of Agriculture for informa- That such transfer authority is in addition market to existing and new Departments and tion technology shall be obligated for to any other transfer authority provided by other government agencies National Finance projects, contracts, or other agreements over law. Center shared services including, but not $25,000 prior to receipt of written approval by

VerDate Sep 11 2014 03:28 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JY6.020 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE S5178 CONGRESSIONAL RECORD — SENATE July 23, 2018 the Chief Information Officer: Provided fur- and Agriculture shall be available to pay full partment of Agriculture Organic Act of 1944 ther, That the Chief Information Officer may allowable indirect costs for each grant (7 U.S.C. 2257) or section 8 of Public Law 89– authorize an agency to obligate funds with- awarded under section 9 of the Small Busi- 106 (7 U.S.C. 2263), that— out written approval from the Chief Informa- ness Act (15 U.S.C. 638). (1) creates new programs; tion Officer for projects, contracts, or other SEC. 714. (a) None of the funds made avail- (2) eliminates a program, project, or activ- agreements up to $250,000 based upon the per- able in this Act may be used to maintain or ity; formance of an agency measured against the establish a computer network unless such (3) increases funds or personnel by any performance plan requirements described in network blocks the viewing, downloading, means for any project or activity for which the explanatory statement accompanying and exchanging of pornography. funds have been denied or restricted; Public Law 113–235. (b) Nothing in subsection (a) shall limit (4) relocates an office or employees; SEC. 707. Funds made available under sec- the use of funds necessary for any Federal, (5) reorganizes offices, programs, or activi- tion 524(b) of the Federal Crop Insurance Act State, tribal, or local law enforcement agen- ties; or (7 U.S.C. 1524(b)) in the current fiscal year cy or any other entity carrying out criminal (6) contracts out or privatizes any func- shall remain available until expended to dis- investigations, prosecution, or adjudication tions or activities presently performed by burse obligations made in the current fiscal activities. Federal employees; year. SEC. 715. Notwithstanding subsection (b) of section 14222 of Public Law 110–246 (7 U.S.C. unless the Secretary of Agriculture, or the SEC. 708. Notwithstanding any other provi- Secretary of Health and Human Services (as 612c–6; in this section referred to as ‘‘section sion of law, any former RUS borrower that the case may be) notifies in writing and re- 14222’’), none of the funds appropriated or has repaid or prepaid an insured, direct or ceives approval from the Committees on Ap- otherwise made available by this or any guaranteed loan under the Rural Electrifica- propriations of both Houses of Congress at other Act shall be used to pay the salaries tion Act of 1936, or any not-for-profit utility least 30 days in advance of the reprogram- and expenses of personnel to carry out a pro- that is eligible to receive an insured or di- ming of such funds or the use of such author- gram under section 32 of the Act of August rect loan under such Act, shall be eligible for ity. assistance under section 313(b)(2)(B) of such 24, 1935 (7 U.S.C. 612c; in this section referred (b) None of the funds provided by this Act, Act in the same manner as a borrower under to as ‘‘section 32’’) in excess of $1,299,600,000 or provided by previous Appropriations Acts such Act. (exclusive of carryover appropriations from to the agencies funded by this Act that re- SEC. 709. Except as otherwise specifically prior fiscal years), as follows: Child Nutri- main available for obligation or expenditure provided by law, not more than $20,000,000 in tion Programs Entitlement Commodities— in the current fiscal year, or provided from unobligated balances from appropriations $485,000,000; State Option Contracts— any accounts in the Treasury derived by the made available for salaries and expenses in $5,000,000; Removal of Defective Commod- collection of fees available to the agencies this Act for the Farm Service Agency shall ities— $2,500,000; Administration of Section funded by this Act, shall be available for ob- remain available through September 30, 2020, 32 Commodity Purchases—$35,853,000: Pro- ligation or expenditure for activities, pro- for information technology expenses: Pro- vided, That of the total funds made available grams, or projects through a reprogramming vided, That except as otherwise specifically in the matter preceding this proviso that re- or use of the authorities referred to in sub- provided by law, unobligated balances from main unobligated on October 1, 2019, such un- section (a) involving funds in excess of appropriations made available for salaries obligated balances shall carryover into fiscal $500,000 or 10 percent, whichever is less, and expenses in this Act for the Rural Devel- year 2020 and shall remain available until ex- that— opment mission area shall remain available pended for any of the purposes of section 32, (1) augments existing programs, projects, through September 30, 2020, for information except that any such carryover funds used in or activities; technology expenses. accordance with clause (3) of section 32 may (2) reduces by 10 percent funding for any SEC. 710. None of the funds appropriated or not exceed $350,000,000 and may not be obli- existing program, project, or activity, or otherwise made available by this Act may be gated until the Secretary of Agriculture pro- numbers of personnel by 10 percent as ap- used for first-class travel by the employees vides written notification of the expendi- proved by Congress; or of agencies funded by this Act in contraven- tures to the Committees on Appropriations (3) results from any general savings from a tion of sections 301–10.122 through 301–10.124 of both Houses of Congress at least two reduction in personnel which would result in of title 41, Code of Federal Regulations. weeks in advance: Provided further, That, a change in existing programs, activities, or SEC. 711. In the case of each program estab- with the exception of any available carry- projects as approved by Congress; unless the lished or amended by the Agricultural Act of over funds authorized in any prior appropria- Secretary of Agriculture or the Secretary of 2014 (Public Law 113–79), other than by title tions Act to be used for the purposes of Health and Human Services (as the case may I or subtitle A of title III of such Act, or pro- clause (3) of section 32, none of the funds ap- be) notifies in writing and receives approval grams for which indefinite amounts were propriated or otherwise made available by from the Committees on Appropriations of provided in that Act, that is authorized or this or any other Act shall be used to pay the both Houses of Congress at least 30 days in required to be carried out using funds of the salaries or expenses of any employee of the advance of the reprogramming or transfer of Commodity Credit Corporation— Department of Agriculture to carry out such funds or the use of such authority. (1) such funds shall be available for salaries clause (3) of section 32. (c) The Secretary of Agriculture or the and related administrative expenses, includ- SEC. 716. None of the funds appropriated by Secretary of Health and Human Services ing technical assistance, associated with the this or any other Act shall be used to pay the shall notify in writing and receive approval implementation of the program, without re- salaries and expenses of personnel who pre- from the Committees on Appropriations of gard to the limitation on the total amount pare or submit appropriations language as both Houses of Congress before imple- of allotments and fund transfers contained in part of the President’s budget submission to menting any program or activity not carried section 11 of the Commodity Credit Corpora- the Congress for programs under the juris- out during the previous fiscal year unless the tion Charter Act (15 U.S.C. 714i); and diction of the Appropriations Subcommit- program or activity is funded by this Act or (2) the use of such funds for such purpose tees on Agriculture, Rural Development, specifically funded by any other Act. shall not be considered to be a fund transfer Food and Drug Administration, and Related (d) None of the funds provided by this Act, or allotment for purposes of applying the Agencies that assumes revenues or reflects a or provided by previous Appropriations Acts limitation on the total amount of allotments reduction from the previous year due to user to the agencies funded by this Act that re- and fund transfers contained in such section. fees proposals that have not been enacted main available for obligation or expenditure SEC. 712. Of the funds made available by into law prior to the submission of the budg- in the current fiscal year, or provided from this Act, not more than $2,900,000 shall be et unless such budget submission identifies any accounts in the Treasury derived by the used to cover necessary expenses of activi- which additional spending reductions should collection of fees available to the agencies ties related to all advisory committees, pan- occur in the event the user fees proposals are funded by this Act, shall be available for— els, commissions, and task forces of the De- not enacted prior to the date of the con- (1) modifying major capital investments partment of Agriculture, except for panels vening of a committee of conference for the funding levels, including information tech- used to comply with negotiated rule makings fiscal year 2020 appropriations Act. nology systems, that involves increasing or and panels used to evaluate competitively SEC. 717. (a) None of the funds provided by decreasing funds in the current fiscal year awarded grants. this Act, or provided by previous appropria- for the individual investment in excess of SEC. 713. None of the funds in this Act shall tions Acts to the agencies funded by this Act $500,000 or 10 percent of the total cost, which- be available to pay indirect costs charged that remain available for obligation or ex- ever is less; against any agricultural research, education, penditure in the current fiscal year, or pro- (2) realigning or reorganizing new, current, or extension grant awards issued by the Na- vided from any accounts in the Treasury de- or vacant positions or agency activities or tional Institute of Food and Agriculture that rived by the collection of fees available to functions to establish a center, office, exceed 30 percent of total Federal funds pro- the agencies funded by this Act, shall be branch, or similar entity with five or more vided under each award: Provided, That not- available for obligation or expenditure personnel; or withstanding section 1462 of the National Ag- through a reprogramming, transfer of funds, (3) carrying out activities or functions that ricultural Research, Extension, and Teach- or reimbursements as authorized by the were not described in the budget request; un- ing Policy Act of 1977 (7 U.S.C. 3310), funds Economy Act, or in the case of the Depart- less the agencies funded by this Act notify, provided by this Act for grants awarded comment of Agriculture, through use of the au- in writing, the Committees on Appropria- petitively by the National Institute of Food thority provided by section 702(b) of the De- tions of both Houses of Congress at least 30

VerDate Sep 11 2014 03:28 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JY6.020 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE July 23, 2018 CONGRESSIONAL RECORD — SENATE S5179 days in advance of using the funds for these section 502 loans an amount necessary to retary has under subsections (h) and (j) of purposes. support the work of such intermediaries and section 538 of such Act (42 U.S.C. 1490p–2) (e) As described in this section, no funds provide a priority for review of such loans. with respect to loans guaranteed under such may be used for any activities unless the SEC. 726. For loans and loan guarantees section 538 and eligible lenders for such Secretary of Agriculture or the Secretary of that do not require budget authority and the loans. Health and Human Services receives from program level has been established in this SEC. 732. None of the funds made available the Committee on Appropriations of both Act, the Secretary of Agriculture may in- by this Act may be used to propose, promul- Houses of Congress written or electronic crease the program level for such loans and gate, or implement any rule, or take any mail confirmation of receipt of the notifica- loan guarantees by not more than 25 percent: other action with respect to, allowing or re- tion as required in this section. Provided, That prior to the Secretary imple- quiring information intended for a pre- SEC. 718. Notwithstanding section menting such an increase, the Secretary no- scribing health care professional, in the case 310B(g)(5) of the Consolidated Farm and tifies, in writing, the Committees on Appro- of a drug or biological product subject to sec- Rural Development Act (7 U.S.C. 1932(g)(5)), priations of both Houses of Congress at least tion 503(b)(1) of the Federal Food, Drug, and the Secretary may assess a one-time fee for 15 days in advance. Cosmetic Act (21 U.S.C. 353(b)(1)), to be dis- any guaranteed business and industry loan SEC. 727. None of the credit card refunds or tributed to such professional electronically in an amount that does not exceed 3 percent rebates transferred to the Working Capital (in lieu of in paper form) unless and until a of the guaranteed principal portion of the Fund pursuant to section 729 of the Agri- Federal law is enacted to allow or require loan. culture, Rural Development, Food and Drug such distribution. SEC. 719. None of the funds appropriated or Administration, and Related Agencies Ap- SEC. 733. None of the funds made available otherwise made available to the Department propriations Act, 2002 (7 U.S.C. 2235a; Public by this Act may be used to notify a sponsor of Agriculture, the Food and Drug Adminis- Law 107–76) shall be available for obligation or otherwise acknowledge receipt of a sub- tration, or the Farm Credit Administration without written notification to, and the mission for an exemption for investigational shall be used to transmit or otherwise make prior approval of, the Committees on Appro- use of a drug or biological product under sec- available reports, questions, or responses to priations of both Houses of Congress: Pro- tion 505(i) of the Federal Food, Drug, and questions that are a result of information re- vided, That the refunds or rebates so trans- Cosmetic Act (21 U.S.C. 355(i)) or section quested for the appropriations hearing proc- ferred shall be available for obligation only 351(a)(3) of the Public Health Service Act (42 ess to any non-Department of Agriculture, for the acquisition of plant and capital U.S.C. 262(a)(3)) in research in which a non-Department of Health and Human Serv- equipment necessary for the delivery of fi- human embryo is intentionally created or ices, or non-Farm Credit Administration em- nancial, administrative, and information modified to include a heritable genetic modi- ployee. technology services of primary benefit to the fication. Any such submission shall be SEC. 720. Unless otherwise authorized by agencies of the Department of Agriculture. deemed to have not been received by the Sec- existing law, none of the funds provided in SEC. 728. None of the funds made available retary, and the exemption may not go into this Act, may be used by an executive branch by this Act may be used to implement, ad- effect. agency to produce any prepackaged news minister, or enforce the ‘‘variety’’ require- SEC. 734. None of the funds made available story intended for broadcast or distribution ments of the final rule entitled ‘‘Enhancing by this or any other Act may be used to in the United States unless the story in- Retailer Standards in the Supplemental Nu- carry out the final rule promulgated by the cludes a clear notification within the text or trition Assistance Program (SNAP)’’ pub- Food and Drug Administration and put into audio of the prepackaged news story that the lished by the Department of Agriculture in effect November 16, 2015, in regards to the prepackaged news story was prepared or the Federal Register on December 15, 2016 (81 hazard analysis and risk-based preventive funded by that executive branch agency. Fed. Reg. 90675) until the Secretary of Agri- control requirements of the current good SEC. 721. No employee of the Department of culture amends the definition of the term manufacturing practice, hazard analysis, and Agriculture may be detailed or assigned ‘‘variety’’ as de fined in section risk-based preventive controls for food for from an agency or office funded by this Act 278.1(b)(1)(ii)(C) of title 7, Code of Federal animals rule with respect to the regulation or any other Act to any other agency or of- Regulations, and ‘‘variety’’ as applied in the of the production, distribution, sale, or re- fice of the Department for more than 60 days definition of the term ‘‘staple food’’ as de- ceipt of dried spent grain byproducts of the in a fiscal year unless the individual’s em- fined in section 271.2 of title 7, Code of Fed- alcoholic beverage production process. ploying agency or office is fully reimbursed eral Regulations, to increase the number of SEC. 735. There is hereby appropriated by the receiving agency or office for the sal- items that qualify as acceptable varieties in $1,996,000 to carry out section 1621 of Public ary and expenses of the employee for the pe- each staple food category so that the total Law 110–246. riod of assignment. number of such items in each staple food cat- SEC. 736. No partially hydrogenated oils as SEC. 722. There is hereby appropriated egory exceeds the number of such items in defined in the order published by the Food $2,000,000 for a pilot program to provide com- each staple food category included in the and Drug Administration in the Federal Reg- petitive grants to State departments of agri- final rule as published on December 15, 2016: ister on June 17, 2015 (80 Fed. Reg. 34650 et culture, State cooperative extension serv- Provided, That until the Secretary promul- seq.) shall be deemed unsafe within the ices, and nonprofit organizations to carry gates such regulatory amendments, the Sec- meaning of section 409(a) of the Federal out programs to address farmer stress and retary shall apply the requirements regard- Food, Drug, and Cosmetic Act (21 U.S.C. suicide. ing acceptable varieties and breadth of stock 348(a)) and no food that is introduced or de- SEC. 723. Not later than 30 days after the to Supplemental Nutrition Assistance Pro- livered for introduction into interstate com- date of enactment of this Act, the Secretary gram retailers that were in effect on the day merce that bears or contains a partially hy- of Agriculture, the Commissioner of the before the date of the enactment of the Agri- drogenated oil shall be deemed adulterated Food and Drug Administration, and the cultural Act of 2014 (Public Law 113–79). under sections 402(a)(1) or 402(a)(2)(C)(i) of Chairman of the Farm Credit Administration SEC. 729. None of the funds made available this Act by virtue of bearing or containing a shall submit to the Committees on Appro- by this Act or any other Act may be used— partially hydrogenated oil until the compli- priations of both Houses of Congress a de- (1) in contravention of section 7606 of the ance date as specified in such order (June 18, tailed spending plan by program, project, Agricultural Act of 2014 (7 U.S.C. 5940); or 2018). and activity for all the funds made available (2) to prohibit the transportation, proc- SEC. 737. There is hereby appropriated under this Act including appropriated user essing, sale, or use of industrial hemp, or $10,000,000, to remain available until ex- fees, as defined in the report accompanying seeds of such plant, that is grown or cul- pended, to carry out section 6407 of the Farm this Act. tivated in accordance with subsection sec- Security and Rural Investment Act of 2002 (7 SEC. 724. Of the unobligated balances from tion 7606 of the Agricultural Act of 2014, U.S.C. 8107a): Provided, That the Secretary amounts made available for the supple- within or outside the State in which the in- may allow eligible entities to offer loans to mental nutrition program as authorized by dustrial hemp is grown or cultivated. customers in any part of their service terri- section 17 of the Child Nutrition Act of 1966 SEC. 730. Funds provided by this or any tory and to offer loans to replace a manufac- (42 U.S.C. 1786), $400,000,000 are hereby re- prior Appropriations Act for the Agriculture tured housing unit with another manufac- scinded. and Food Research Initiative under 7 U.S.C. tured housing unit, if replacement would be SEC. 725. The Secretary shall continue an 450i(b) shall be made available without re- more cost effective in saving energy. intermediary loan packaging program based gard to section 7128 of the Agricultural Act SEC. 738. For fiscal years 2019 through 2025, on the pilot program in effect for fiscal year of 2014 (7 U.S.C. 3371 note), under the match- the Administrators of the Agricultural Re- 2013 for packaging and reviewing section 502 ing requirements in laws in effect on the search Service and the Animal and Plant single family direct loans. The Secretary date before the date of enactment of such Health Inspection Service may make not to shall continue agreements with current section: Provided, That the requirements of 7 exceed 50 appointments in any fiscal year for intermediary organizations and with addi- U.S.C. 450i(b)(9) shall continue to apply. employees of such agencies at the National tional qualified intermediary organizations. SEC. 731. In carrying out subsection (h) of Bio- and Agro-defense Facility (NBAF) in The Secretary shall work with these organi- section 502 of the Housing Act of 1949 (42 Manhattan, Kansas: Provided, That such ap- zations to increase effectiveness of the sec- U.S.C. 1472), the Secretary of Agriculture pointments may be made in the manner pro- tion 502 single family direct loan program in shall have the same authority with respect vided by 7 U.S.C. 7657(b)(4)(A)(i-v): Provided rural communities and shall set aside and to loans guaranteed under such section and further, That such appointments may be make available from the national reserve eligible lenders for such loans as the Sec- made at a rate of basic pay that exceeds the

VerDate Sep 11 2014 03:28 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JY6.020 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE S5180 CONGRESSIONAL RECORD — SENATE July 23, 2018 rate payable for such positions under the (d) This section shall be applied in a man- (b) The alternate calculation method re- General Schedule or the Executive Schedule, ner consistent with United States obliga- ferred to in subsection (a) is a method of cal- or other applicable schedule, as appropriate. tions under international agreements. culating the actual yield for the 2018 crop SEC. 739. There is hereby appropriated (e) The Secretary may retain up to 0.25 year for county-level agriculture risk cov- $1,000,000 for the Secretary to carry out a percent of the funds appropriated in this Act erage payments under section 1117(b)(1) of pilot program that provides forestry inven- for ‘‘Rural Utilities Service—Rural Water the Agricultural Act of 2014 (7 U.S.C. tory analysis, forest management and eco- and Waste Disposal Program Account’’ for 9017(b)(1)), under which— nomic outcomes modelling for certain cur- carrying out the provisions described in sub- (1) county data of the National Agricul- rently enrolled Conservation Reserve Pro- section (a)(1) for management and oversight tural Statistics Service (referred to in this gram participants. The Secretary shall allow of the requirements of this section. section as ‘‘NASS data’’) is used for the cal- the Commodity Credit Corporation to enter (f) Subsection (a) shall not apply with re- culations; into agreements with and provide grants to spect to a project for which the engineering (2) if there is insufficient NASS data for a qualified non-profit organizations dedicated plans and specifications include use of iron county (as determined under standards of to conservation, forestry and wildlife habi- and steel products otherwise prohibited by the Secretary in effect as of the date of en- tats, that also have experience in conducting such subsection if the plans and specifica- actment of this Act) or the available NASS accurate forest inventory analysis through tions have received required approvals from data produces a substantially disparate re- the use of advanced, cost-effective tech- State agencies prior to the date of enact- sult, the calculation of the county yield is nology. The Secretary shall focus the anal- ment of this Act. determined using comparable contiguous ysis on lands enrolled for at least eight years (g) For purposes of this section, the terms county NASS data as determined by the and located in areas with a substantial con- ‘‘United States’’ and ‘‘State’’ shall include Farm Service Agency office in the applicable centration of acres enrolled under conserva- each of the several States, the District of Co- State; and tion practices devoted to multiple bottom- lumbia, and each federally recognized Indian (3) if there is insufficient NASS data for a land hardwood tree species including CP03, tribe. comparable contiguous county (as deter- CP03A, CP11, CP22, CP31 and CP40. SEC. 743. The Secretary shall set aside for mined under standards of the Secretary in SEC. 740. During fiscal year 2019, the Food Rural Economic Area Partnership (REAP) and Drug Administration shall not allow the effect as of the date of enactment of this Zones, until August 15, 2019, an amount of Act), the calculation of the county yield is introduction or delivery for introduction funds made available in title III under the into interstate commerce of any food that determined using reliable yield data from headings of Rural Housing Insurance Fund other sources, such as Risk Management contains genetically engineered salmon until Program Account, Mutual and Self-Help the FDA publishes final labeling guidelines Agency data, National Agricultural Statis- Housing Grants, Rural Housing Assistance tics Service district data, National Agricul- for informing consumers of such content. Grants, Rural Community Facilities Pro- SEC. 741. In addition to amounts otherwise tural Statistics Service State yield data, or gram Account, Rural Business Program Ac- other data as determined by the Farm Serv- made available by this Act and notwith- count, Rural Development Loan Fund Pro- standing the last sentence of 16 U.S.C. 1310, ice Agency office in the applicable State. gram Account, and Rural Water and Waste there is appropriated $4,000,000, to remain (c)(1) A supplemental payment made under Disposal Program Account, equal to the available until expended, to implement non- the pilot program established under this sec- amount obligated in REAP Zones with re- renewable agreements on eligible lands, in- tion may be made to an agricultural prospect to funds provided under such headings cluding flooded agricultural lands, as deter- ducer who is subject to the alternate calcula- in the most recent fiscal year any such funds mined by the Secretary, under the Water tion method described in subsection (b) if were obligated under such headings for Bank Act (16 U.S.C. 1301–1311). that agricultural producer would otherwise REAP Zones. SEC. 742. (a)(1) No Federal funds made receive a county-level agriculture risk cov- SEC. 744. For the purposes of determining available for this fiscal year for the rural erage payment for the 2018 crop year in an eligibility or level of program assistance for water, waste water, waste disposal, and solid amount that is less than the payment that Rural Development programs the Secretary waste management programs authorized by the agricultural producer would receive sections 306, 306A, 306C, 306D, 306E, and 310B shall not include incarcerated prison popu- under the alternate calculation method. of the Consolidated Farm and Rural Develop- lations. (2) The amount of a supplemental payment SEC. 745. There is hereby appropriated ment Act (7 U.S.C. 1926 et seq.) shall be used to an agricultural producer under this sec- $1,000,000, to remain available until ex- for a project for the construction, alteration, tion may not exceed the difference between— pended, for a pilot program for the Secretary maintenance, or repair of a public water or (A) the payment that the agricultural pro- to provide grants to qualified non-profit or- wastewater system unless all of the iron and ducer would have received without the alter- ganizations and public housing authorities steel products used in the project are pro- nate calculation method described in sub- duced in the United States. to provide technical assistance, including fi- section (b); and (2) In this section, the term ‘‘iron and steel nancial and legal services, to RHS multi- (B) the payment that the agricultural pro- products’’ means the following products family housing borrowers to facilitate the ducer would receive using the alternate cal- made primarily of iron or steel: lined or un- acquisition of RHS multi-family housing culation method. lined pipes and fittings, manhole covers and properties in areas where the Secretary de- (d)(1) There is appropriated to the Sec- other municipal castings, hydrants, tanks, termines a risk of loss of affordable housing, retary, out of funds of the Treasury not oth- flanges, pipe clamps and restraints, valves, by non-profit housing organizations and pub- erwise appropriated, $5,000,000, to remain structural steel, reinforced precast concrete, lic housing authorities as authorized by law available until September 30, 2020, to carry and construction materials. that commit to keep such properties in the out the pilot program described in this sec- (b) Subsection (a) shall not apply in any RHS multi-family housing program for a pe- tion. case or category of cases in which the Sec- riod of time as determined by the Secretary. (2) Of the funds appropriated, the Sec- retary of Agriculture (in this section re- SEC. 746. None of the funds appropriated by retary shall use not more than $5,000,000 to ferred to as the ‘‘Secretary’’) or the designee this Act may be used in any way, directly or carry out the pilot program described in this of the Secretary finds that— indirectly, to influence congressional action section. (1) applying subsection (a) would be incon- on any legislation or appropriation matters (e)(1) To the maximum extent practicable, sistent with the public interest; pending before Congress, other than to com- the Secretary shall select States to partici- (2) iron and steel products are not produced municate to Members of Congress as de- pate in the pilot program under this section in the United States in sufficient and reason- scribed in 18 U.S.C. 1913. so the cost of the pilot program equals the ably available quantities or of a satisfactory SEC. 747. (a) The Secretary of Agriculture amount provided under subsection (d). quality; or (referred to in this section as the ‘‘Sec- (2) To the extent that the cost of the pilot (3) inclusion of iron and steel products pro- retary’’) shall carry out a pilot program dur- program exceeds the amount made available, duced in the United States will increase the ing fiscal year 2019 with respect to the 2018 the Secretary shall reduce all payments cost of the overall project by more than 25 crop year for county-level agriculture risk under the pilot program on a pro rata basis. percent. coverage payments under section 1117(b)(1) of (f) Nothing in this section affects the cal- (c) If the Secretary or the designee re- the Agricultural Act of 2014 (7 U.S.C. culation of actual yield for purposes of coun- ceives a request for a waiver under this sec- 9017(b)(1)), that provides all or some of the ty-level agriculture risk coverage payments tion, the Secretary or the designee shall State Farm Service Agency offices in each under section 1117(b)(1) of the Agricultural make available to the public on an informal State the opportunity to provide agricul- Act of 2014 (7 U.S.C. 9017(b)(1)) other than basis a copy of the request and information tural producers in the State a supplemental payments made in accordance with the pilot available to the Secretary or the designee payment described in subsection (c) based on program under this section. concerning the request, and shall allow for the alternate calculation method described (g) A calculation of actual yield made informal public input on the request for at in subsection (b) for 1 or more counties in a using the alternate calculation method de- least 15 days prior to making a finding based State if the office for that State determines scribed in subsection (b) shall not be used as on the request. The Secretary or the des- that the alternate calculation method is nec- a basis for any agriculture risk coverage ignee shall make the request and accom- essary to ensure that, to the maximum ex- payment determinations under section 1117 panying information available by electronic tent practicable, there are not significant of the Agricultural Act of 2014 (7 U.S.C. 9017) means, including on the official public Inter- yield calculation disparities between com- other than for purposes of the pilot program net Web site of the Department. parable counties in the State. under this section.

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SEC. 748. The Secretary of Agriculture and (1) to inspect horses under section 3 of the municipalities, other public authorities, and the Secretary’s designees are hereby granted Federal Meat Inspection Act (21 U.S.C. 603); private sources for expenses incurred for the same access to information and subject (2) to inspect horses under section 903 of training: Provided further, That any reference to the same requirements applicable to the the Federal Agriculture Improvement and in law, regulation, judicial proceedings, or Secretary of Housing and Urban Develop- Reform Act of 1996 (7 U.S.C. 1901 note; Public elsewhere to the Research and Innovative ment as provided in section 453 of the Social Law 104–127); or Technology Administration shall continue to Security Act (42 U.S.C. 653) and section (3) to implement or enforce section 352.19 be deemed to be a reference to the Office of 6103(1)(7)(D)(ix) of the Internal Revenue Code of title 9, Code of Federal Regulations (or a the Assistant Secretary for Research and of 1986 (26 U.S.C. 1603(1)(7)(D)(ix)) to verify successor regulation). Technology of the Department of Transpor- the income for individuals participating in This division may be cited as the ‘‘Agri- tation. sections 502, 504, 521, and 542 of the Housing culture, Rural Development, Food and Drug NATIONAL INFRASTRUCTURE INVESTMENTS Act of 1949 (42 U.S.C. 1472, 1474, 1490a, and Administration, and Related Agencies Ap- For capital investments in surface trans- 1490r), notwithstanding section 453(l)(1) of propriations Act, 2019’’. the Social Security Act. portation infrastructure, $1,000,000,000, to re- SEC. 749. In addition to any other funds DIVISION D—TRANSPORTATION, HOUSING main available through September 30, 2021: made available in this Act or any other Act, AND URBAN DEVELOPMENT, AND RE- Provided, That the Secretary of Transpor- there is appropriated $5,000,000 to carry out LATED AGENCIES APPROPRIATIONS tation shall distribute funds provided under section 18(g)(8) of the Richard B. Russell Na- ACT, 2019 this heading as discretionary grants to be tional School Lunch Act (42 U.S.C. 1769(g)), That the following sums are appropriated, awarded to a State, local government, tran- to remain available until expended. out of any money in the Treasury not other- sit agency, port authority, or a collaboration SEC. 750. None of the funds made available wise appropriated, for the Departments of among such entities on a competitive basis by this Act may be used by the Food and Transportation, and Housing and Urban De- for projects that will have a significant local Drug Administration to develop, issue, pro- velopment, and related agencies for the fis- or regional impact: Provided further, That mote, or advance any regulations applicable cal year ending September 30, 2019, and for projects eligible for funding provided under to food manufacturers for population-wide other purposes, namely: this heading shall include, but not be limited sodium reduction actions or to develop, to, highway or bridge projects eligible under TITLE I issue, promote or advance final guidance ap- title 23, United States Code; public transpor- plicable to food manufacturers for long term DEPARTMENT OF TRANSPORTATION tation projects eligible under chapter 53 of population-wide sodium reduction actions OFFICE OF THE SECRETARY title 49, United States Code; passenger and until the date on which a dietary reference SALARIES AND EXPENSES freight rail transportation projects; and port intake report with respect to sodium is com- infrastructure investments (including inland For necessary expenses of the Office of the pleted. port infrastructure and land ports of entry): Secretary, $113,535,000, of which not to ex- SEC. 751. There is hereby appropriated Provided further, That of the amount made ceed $3,001,000 shall be available for the im- $1,000,000, to remain available until Sep- available under this heading, the Secretary mediate Office of the Secretary; not to ex- tember 30, 2020, for the cost of loans and may use an amount not to exceed $15,000,000 ceed $1,040,000 shall be available for the im- grants that is consistent with section 4206 of for the planning, preparation or design of mediate Office of the Deputy Secretary; not the Agricultural Act of 2014, for necessary projects eligible for funding under this head- to exceed $20,428,000 shall be available for the expenses of the Secretary to support projects ing: Provided further, That grants awarded Office of the General Counsel; not to exceed that provide access to healthy food in under- under the previous proviso shall not be sub- served areas, to create and preserve quality $10,265,000 shall be available for the Office of ject to a minimum grant size: Provided fur- jobs, and to revitalize low-income commu- the Under Secretary of Transportation for ther, That the Secretary may use up to 20 nities. Policy; not to exceed $14,019,000 shall be percent of the funds made available under SEC. 752. For an additional amount for available for the Office of the Assistant Sec- this heading for the purpose of paying the ‘‘Animal and Plant Health Inspection Serv- retary for Budget and Programs; not to ex- subsidy and administrative costs of projects ice—Salaries and Expenses’’, $7,500,000, to re- ceed $2,550,000 shall be available for the Of- eligible for Federal credit assistance under main available until September 30, 2020, for fice of the Assistant Secretary for Govern- chapter 6 of title 23, United States Code, or one-time control and management and asso- mental Affairs; not to exceed $29,244,000 shall sections 501 through 504 of the Railroad Revi- ciated activities directly related to the mul- be available for the Office of the Assistant talization and Regulatory Reform Act of 1976 tiple-agency response to citrus greening. Secretary for Administration; not to exceed (Public Law 94–210), as amended, if the Sec- SEC. 753. None of the funds made available $2,142,000 shall be available for the Office of retary finds that such use of the funds would by this or any other Act may be used to en- Public Affairs; not to exceed $1,835,000 shall advance the purposes of this paragraph: Pro- force the final rule promulgated by the Food be available for the Office of the Executive vided further, That in distributing funds pro- and Drug Administration entitled ‘‘Stand- Secretariat; not to exceed $12,325,000 shall be ards for the Growing, Harvesting, Packing, vided under this heading, the Secretary shall available for the Office of Intelligence, Secu- and Holding of Produce for Human Consump- take such measures so as to ensure an equi- rity, and Emergency Response; and not to tion,’’ and published on November 27, 2015, table geographic distribution of funds, an ap- exceed $16,686,000 shall be available for the with respect to the regulation of the produc- propriate balance in addressing the needs of Office of the Chief Information Officer: Pro- tion, distribution, sale, or receipt of grape urban and rural areas, and the investment in vided, That the Secretary of Transportation varietals that are grown, harvested and used a variety of transportation modes: Provided is authorized to transfer funds appropriated solely for wine and receive commercial proc- further, That a grant funded under this head- for any office of the Office of the Secretary essing that adequately reduces the presence ing shall be not less than $5,000,000 and not to any other office of the Office of the Sec- of microorganisms of public health signifi- greater than $25,000,000: Provided further, retary: Provided further, That no appropria- cance. That not more than 10 percent of the funds tion for any office shall be increased or de- SEC. 754. There is hereby appropriated made available under this heading may be creased by more than 5 percent by all such $20,000,000, to remain available until ex- awarded to projects in a single State: Pro- transfers: Provided further, That notice of pended, for an additional amount for tele- vided further, That the Federal share of the any change in funding greater than 5 percent medicine and distance learning services in costs for which an expenditure is made under shall be submitted for approval to the House rural areas, as authorized by 7 U.S.C 950aaa this heading shall be, at the option of the re- and Senate Committees on Appropriations: et seq., to help address the opioid epidemic cipient, up to 80 percent: Provided further, Provided further, That not to exceed $60,000 in rural America. That the Secretary shall give priority to SEC. 755. There is hereby appropriated shall be for allocation within the Depart- projects that require a contribution of Fed- $5,000,000, to remain available until Sep- ment for official reception and representa- eral funds in order to complete an overall fi- tember 30, 2020, for a pilot program for the tion expenses as the Secretary may deter- nancing package: Provided further, That not National Institute of Food and Agriculture mine: Provided further, That notwithstanding less than 30 percent of the funds provided to provide grants to nonprofit organizations any other provision of law, excluding fees au- under this heading shall be for projects lo- for programs and services to establish and thorized in Public Law 107–71, there may be cated in rural areas: Provided further, That enhance farming and ranching opportunities credited to this appropriation up to $2,500,000 for projects located in rural areas, the min- for military veterans. in funds received in user fees: Provided fur- imum grant size shall be $1,000,000 and the SEC. 756. There is hereby appropriated ther, That none of the funds provided in this Secretary may increase the Federal share of $425,000,000, to remain available until ex- Act shall be available for the position of As- costs above 80 percent: Provided further, That pended, for an additional amount for Sec. 779 sistant Secretary for Public Affairs. of P.L. 115–141. projects conducted using funds provided RESEARCH AND TECHNOLOGY SEC. 757. For an additional amount for the under this heading must comply with the re- cost of direct loans and grants made under For necessary expenses related to the Of- quirements of subchapter IV of chapter 31 of the ‘‘Rural Water and Waste Disposal Pro- fice of the Assistant Secretary for Research title 40, United States Code: Provided further, gram Account’’, $400,000,000, to remain avail- and Technology, $8,471,000, of which $2,218,000 That the Secretary shall conduct a new com- able until expended. shall remain available until September 30, petition to select the grants and credit as- SEC. 758. None of the funds made available 2021: Provided, That there may be credited to sistance awarded under this heading: Pro- by this Act may be used to pay the salaries this appropriation, to be available until ex- vided further, That the Secretary may retain or expenses of personnel— pended, funds received from States, counties, up to $25,000,000 of the funds provided under

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this heading, and may transfer portions of WORKING CAPITAL FUND tation may be obligated for the Office of the those funds to the Administrators of the For necessary expenses for operating costs Secretary of Transportation to approve as- Federal Highway Administration, the Fed- and capital outlays of the Working Capital sessments or reimbursable agreements per- eral Transit Administration, the Federal Fund, not to exceed $203,883,000, shall be paid taining to funds appropriated to the modal Railroad Administration, and the Maritime from appropriations made available to the administrations in this Act, except for ac- Administration to fund the award and over- Department of Transportation: Provided, tivities underway on the date of enactment sight of grants and credit assistance made That such services shall be provided on a of this Act, unless such assessments or under the National Infrastructure Invest- competitive basis to entities within the De- agreements have completed the normal re- ments program: Provided further, That none partment of Transportation: Provided further, programming process for Congressional noti- of the funds provided in the previous proviso That the above limitation on operating ex- fication. EC. 102. The Secretary shall post on the may be used to hire additional personnel: penses shall not apply to non-DOT entities: S Web site of the Department of Transpor- Provided further, That the Secretary shall Provided further, That no funds appropriated tation a schedule of all meetings of the consider and award projects based solely on in this Act to an agency of the Department Council on Credit and Finance, including the the selection criteria from the fiscal year shall be transferred to the Working Capital agenda for each meeting, and require the 2016 Notice of Funding Opportunity: Provided Fund without majority approval of the Council on Credit and Finance to record the further, That the Secretary shall not use the Working Capital Fund Steering Committee decisions and actions of each meeting. Federal share or an applicant’s ability to and approval of the Secretary: Provided fur- SEC. 103. In addition to authority provided generate non-Federal revenue as a selection ther, That no assessments may be levied criteria in awarding projects: Provided fur- by section 327 of title 49, United States Code, against any program, budget activity, sub- the Department’s Working Capital Fund is ther, That the Secretary shall issue the No- activity or project funded by this Act unless tice of Funding Opportunity no later than 60 hereby authorized to provide partial or full notice of such assessments and the basis payments in advance and accept subsequent days after enactment of this Act: Provided therefor are presented to the House and Sen- further, That the Notice of Funding Oppor- reimbursements from all Federal agencies ate Committees on Appropriations and are from available funds for transit benefit dis- tunity shall require application submissions approved by such Committees. 90 days after the publishing of such Notice: tribution services that are necessary to MINORITY BUSINESS RESOURCE CENTER Provided further, That of the applications carry out the Federal transit pass transpor- PROGRAM submitted under the previous two provisos, tation fringe benefit program under Execu- the Secretary shall make grants no later For necessary expenses of the Minority tive Order No. 13150 and section 3049 of Pub- than 270 days after enactment of this Act in Business Resource Center, the provision of lic Law 109–59: Provided, That the Depart- such amounts that the Secretary deter- financial education outreach activities to el- ment shall maintain a reasonable operating mines. igible transportation-related small busi- reserve in the Working Capital Fund, to be nesses, the monitoring of existing loans in expended in advance to provide uninter- NATIONAL SURFACE TRANSPORTATION AND the guaranteed loan program, and the modi- rupted transit benefits to Government em- INNOVATIVE FINANCE BUREAU fication of such loans of the Minority Busi- ployees: Provided further, That such reserve For necessary expenses of the National ness Resource Center, $249,000, as authorized will not exceed one month of benefits pay- Surface Transportation and Innovative Fi- by 49 U.S.C. 332: Provided, That notwith- able and may be used only for the purpose of nance Bureau as authorized by 49 U.S.C. 116, standing that section, these funds may be for providing for the continuation of transit $2,987,000, to remain available until ex- business opportunities related to any mode benefits: Provided further, That the Working pended. of transportation. Capital Fund will be fully reimbursed by FINANCIAL MANAGEMENT CAPITAL SMALL AND DISADVANTAGED BUSINESS each customer agency from available funds For necessary expenses for upgrading and UTILIZATION AND OUTREACH for the actual cost of the transit benefit. enhancing the Department of Transpor- For necessary expenses for small and dis- FEDERAL AVIATION ADMINISTRATION tation’s financial systems and re-engineering advantaged business utilization and outreach OPERATIONS business processes, $2,000,000, to remain activities, $3,488,000, to remain available (AIRPORT AND AIRWAY TRUST FUND) available through September 30, 2020. until September 30, 2020: Provided, That not- For necessary expenses of the Federal CYBER SECURITY INITIATIVES withstanding 49 U.S.C. 332, these funds may Aviation Administration, not otherwise pro- For necessary expenses for cyber security be used for business opportunities related to vided for, including operations and research initiatives, including necessary upgrades to any mode of transportation. activities related to commercial space trans- wide area network and information tech- PAYMENTS TO AIR CARRIERS portation, administrative expenses for re- nology infrastructure, improvement of net- (AIRPORT AND AIRWAY TRUST FUND) search and development, establishment of work perimeter controls and identity man- air navigation facilities, the operation (in- In addition to funds made available from agement, testing and assessment of informa- cluding leasing) and maintenance of aircraft, any other source to carry out the essential tion technology against business, security, subsidizing the cost of aeronautical charts air service program under 49 U.S.C. 41731 and other requirements, implementation of and maps sold to the public, the lease or pur- through 41742, $175,000,000, to be derived from Federal cyber security initiatives and infor- chase of passenger motor vehicles for re- the Airport and Airway Trust Fund, to re- mation infrastructure enhancements, and placement only, in addition to amounts main available until expended: Provided, implementation of enhanced security con- made available by Public Law 112–95, That in determining between or among car- trols on network devices, $15,000,000, to re- $10,410,758,000, to remain available until Sep- riers competing to provide service to a com- main available through September 30, 2020. tember 30, 2020, of which $9,833,400,000 shall munity, the Secretary may consider the rel- be derived from the Airport and Airway OFFICE OF CIVIL RIGHTS ative subsidy requirements of the carriers: Trust Fund, of which not to exceed For necessary expenses of the Office of Provided further, That basic essential air $7,843,427,000 shall be available for air traffic Civil Rights, $9,470,000. service minimum requirements shall not in- organization activities; not to exceed clude the 15-passenger capacity requirement TRANSPORTATION PLANNING, RESEARCH, AND $1,334,377,000 shall be available for aviation under subsection 41732(b)(3) of title 49, DEVELOPMENT safety activities; not to exceed $24,981,000 United States Code: Provided further, That For necessary expenses for conducting shall be available for commercial space none of the funds in this Act or any other transportation planning, research, systems transportation activities; not to exceed Act shall be used to enter into a new con- development, development activities, and $816,562,000 shall be available for finance and tract with a community located less than 40 making grants, $7,879,000, to remain avail- management activities; not to exceed miles from the nearest small hub airport be- able until expended: Provided, That of such $61,796,000 shall be available for NextGen and fore the Secretary has negotiated with the amount, $1,000,000 shall be for necessary ex- operations planning activities; not to exceed community over a local cost share: Provided penses for the Interagency Infrastructure $114,312,000 shall be available for security and further, That amounts authorized to be dis- Permitting Improvement Center (IIPIC): Pro- hazardous materials safety; and not to ex- tributed for the essential air service program vided further, That there may be transferred ceed $215,303,000 shall be available for staff under subsection 41742(b) of title 49, United to this appropriation, to remain available offices: Provided, That not to exceed 5 per- States Code, shall be made available imme- until expended, amounts transferred from cent of any budget activity, except for avia- diately from amounts otherwise provided to other Federal agencies for expenses incurred tion safety budget activity, may be trans- the Administrator of the Federal Aviation under this heading for IIPIC activities not ferred to any budget activity under this Administration: Provided further, That the related to transportation infrastructure: Pro- heading: Provided further, That no transfer Administrator may reimburse such amounts vided further, That the tools and analysis de- may increase or decrease any appropriation from fees credited to the account established veloped by the IIPIC shall be available to by more than 5 percent: Provided further, under section 45303 of title 49, United States other Federal agencies for the permitting That any transfer in excess of 5 percent shall Code. and review of major infrastructure projects be treated as a reprogramming of funds not related to transportation only to the ex- ADMINISTRATIVE PROVISIONS—OFFICE OF THE under section 405 of this Act and shall not be tent that other Federal agencies provide SECRETARY OF TRANSPORTATION available for obligation or expenditure ex- funding to the Department as provided for SEC. 101. None of the funds made available cept in compliance with the procedures set under the previous proviso. in this Act to the Department of Transpor- forth in that section: Provided further, That

VerDate Sep 11 2014 03:28 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JY6.020 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE July 23, 2018 CONGRESSIONAL RECORD — SENATE S5183 not later than March 31 of each fiscal year this heading, including aircraft for aviation phased construction project for which the hereafter, the Administrator of the Federal regulation and certification; to be derived project sponsor received a grant in fiscal Aviation Administration shall transmit to from the Airport and Airway Trust Fund, year 2011 for the construction project: Pro- Congress an annual update to the report sub- $3,000,000,000, of which $512,823,000 shall re- vided further, That notwithstanding any mitted to Congress in December 2004 pursu- main available until September 30, 2020, other provision of law, of funds limited under ant to section 221 of Public Law 108–176: Pro- $2,362,977,000 shall remain available until this heading, not more than $112,600,000 shall vided further, That the amount herein appro- September 30, 2021, and $124,200,000 shall re- be available for administration, not less than priated shall be reduced by $100,000 for each main available until expended: Provided, $15,000,000 shall be available for the Airport day after March 31 that such report has not That there may be credited to this appro- Cooperative Research Program, not less than been submitted to the Congress: Provided fur- priation funds received from States, coun- $33,210,000 shall be available for Airport ther, That not later than March 31 of each ties, municipalities, other public authorities, Technology Research, and $10,000,000, to re- fiscal year hereafter, the Administrator shall and private sources, for expenses incurred in main available until expended, shall be transmit to Congress a companion report the establishment, improvement, and mod- available and transferred to ‘‘Office of the that describes a comprehensive strategy for ernization of national airspace systems: Pro- Secretary, Salaries and Expenses’’ to carry staffing, hiring, and training flight standards vided further, That no later than March 31, out the Small Community Air Service Devel- and aircraft certification staff in a format the Secretary of Transportation shall trans- opment Program: Provided further, That in similar to the one utilized for the controller mit to the Congress an investment plan for addition to airports eligible under section staffing plan, including stated attrition esti- the Federal Aviation Administration which 41743 of title 49, United States Code, such mates and numerical hiring goals by fiscal includes funding for each budget line item program may include the participation of an year: Provided further, That the amount here- for fiscal years 2020 through 2024, with total airport that serves a community or consor- in appropriated shall be reduced by $100,000 funding for each year of the plan constrained tium that is not larger than a small hub air- per day for each day after March 31 that such to the funding targets for those years as esti- port, according to FAA hub classifications report has not been submitted to Congress: mated and approved by the Office of Manage- effective at the time the Office of the Sec- Provided further, That funds may be used to ment and Budget. retary issues a request for proposals. enter into a grant agreement with a non- RESEARCH, ENGINEERING, AND DEVELOPMENT GRANTS-IN-AID FOR AIRPORTS profit standard-setting organization to assist For an additional amount for ‘‘Grants-In- in the development of aviation safety stand- (AIRPORT AND AIRWAY TRUST FUND) Aid for Airports’’, to enable the Secretary of ards: Provided further, That none of the funds For necessary expenses, not otherwise pro- Transportation to make grants for projects in this Act shall be available for new appli- vided for, for research, engineering, and de- as authorized by subchapter 1 of chapter 471 cants for the second career training pro- velopment, as authorized under part A of and subchapter 1 of chapter 475 of title 49, gram: Provided further, That none of the subtitle VII of title 49, United States Code, United States Code, $750,000,000, to remain funds in this Act shall be available for the including construction of experimental fa- available through September 30, 2021: Pro- Federal Aviation Administration to finalize cilities and acquisition of necessary sites by vided, That amounts made available under or implement any regulation that would pro- lease or grant, $191,000,000, to be derived from this heading shall be derived from the gen- mulgate new aviation user fees not specifi- the Airport and Airway Trust Fund and to eral fund, and such funds shall not be subject cally authorized by law after the date of the remain available until September 30, 2021: to apportionment formulas, special appor- enactment of this Act: Provided further, That Provided, That there may be credited to this tionment categories, or minimum percent- there may be credited to this appropriation, appropriation as offsetting collections, funds ages under chapter 471: Provided further, That as offsetting collections, funds received from received from States, counties, municipali- the Secretary shall distribute funds provided States, counties, municipalities, foreign au- ties, other public authorities, and private under this heading as discretionary grants to thorities, other public authorities, and pri- sources, which shall be available for ex- airports: Provided further, That the amount vate sources for expenses incurred in the pro- penses incurred for research, engineering, made available under this heading shall not vision of agency services, including receipts and development. be subject to any limitation on obligations for the maintenance and operation of air GRANTS-IN-AID FOR AIRPORTS for the Grants-in-Aid for Airports program navigation facilities, and for issuance, re- (LIQUIDATION OF CONTRACT AUTHORIZATION) set forth in any Act: Provided further, That newal or modification of certificates, includ- the Administrator of the Federal Aviation ing airman, aircraft, and repair station cer- (LIMITATION ON OBLIGATIONS) Administration may retain up to 0.5 percent tificates, or for tests related thereto, or for (AIRPORT AND AIRWAY TRUST FUND) of the funds provided under this heading to processing major repair or alteration forms: (INCLUDING TRANSFER OF FUNDS) fund the award and oversight by the Admin- Provided further, That of the funds appro- For liquidation of obligations incurred for istrator of grants made under this heading. priated under this heading, not less than grants-in-aid for airport planning and devel- $168,000,000 shall be used to fund direct oper- ADMINISTRATIVE PROVISIONS—FEDERAL opment, and noise compatibility planning ations of the current 254 air traffic control AVIATION ADMINISTRATION and programs as authorized under sub- towers in the contract tower program, in- SEC. 110. None of the funds in this Act may chapter I of chapter 471 and subchapter I of cluding the contract tower cost share pro- be used to compensate in excess of 600 tech- chapter 475 of title 49, United States Code, gram, and any airport that is currently nical staff-years under the federally funded and under other law authorizing such obliga- qualified or that will qualify for the program research and development center contract tions; for procurement, installation, and during the fiscal year: Provided further, That between the Federal Aviation Administra- commissioning of runway incursion preven- none of the funds in this Act for aeronautical tion and the Center for Advanced Aviation tion devices and systems at airports of such charting and cartography are available for Systems Development during fiscal year title; for grants authorized under section activities conducted by, or coordinated 2019. 41743 of title 49, United States Code; and for through, the Working Capital Fund: Provided SEC. 111. None of the funds in this Act shall inspection activities and administration of further, That none of the funds appropriated be used to pursue or adopt guidelines or reg- airport safety programs, including those re- or otherwise made available by this Act or ulations requiring airport sponsors to pro- lated to airport operating certificates under any other Act may be used to eliminate the vide to the Federal Aviation Administration section 44706 of title 49, United States Code, Contract Weather Observers program at any without cost building construction, mainte- $3,000,000,000, to be derived from the Airport airport. nance, utilities and expenses, or space in air- and Airway Trust Fund and to remain avail- port sponsor-owned buildings for services re- FACILITIES AND EQUIPMENT able until expended: Provided, That none of lating to air traffic control, air navigation, (AIRPORT AND AIRWAY TRUST FUND) the funds under this heading shall be avail- or weather reporting: Provided, That the pro- For necessary expenses, not otherwise pro- able for the planning or execution of prohibition of funds in this section does not vided for, for acquisition, establishment, grams the obligations for which are in excess apply to negotiations between the agency technical support services, improvement by of $3,350,000,000 in fiscal year 2019, notwith- and airport sponsors to achieve agreement contract or purchase, and hire of national standing section 47117(g) of title 49, United on ‘‘below-market’’ rates for these items or airspace systems and experimental facilities States Code: Provided further, That none of to grant assurances that require airport and equipment, as authorized under part A of the funds under this heading shall be avail- sponsors to provide land without cost to the subtitle VII of title 49, United States Code, able for the replacement of baggage con- Federal Aviation Administration for air traf- including initial acquisition of necessary veyor systems, reconfiguration of terminal fic control facilities. sites by lease or grant; engineering and serv- baggage areas, or other airport improve- SEC. 112. The Administrator of the Federal ice testing, including construction of test fa- ments that are necessary to install bulk ex- Aviation Administration may reimburse cilities and acquisition of necessary sites by plosive detection systems: Provided further, amounts made available to satisfy 49 U.S.C. lease or grant; construction and furnishing That notwithstanding section 47109(a) of 41742(a)(1) from fees credited under 49 U.S.C. of quarters and related accommodations for title 49, United States Code, the Govern- 45303 and any amount remaining in such ac- officers and employees of the Federal Avia- ment’s share of allowable project costs under count at the close of that fiscal year may be tion Administration stationed at remote lo- paragraph (2) for subgrants or paragraph (3) made available to satisfy section 41742(a)(1) calities where such accommodations are not of that section shall be 95 percent for a for the subsequent fiscal year. available; and the purchase, lease, or trans- project at other than a large or medium hub SEC. 113. Amounts collected under section fer of aircraft from funds available under airport that is a successive phase of a multi- 40113(e) of title 49, United States Code, shall

VerDate Sep 11 2014 03:28 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JY6.020 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE S5184 CONGRESSIONAL RECORD — SENATE July 23, 2018 be credited to the appropriation current at ual on a type certification project unless the way safety construction programs author- the time of collection, to be merged with and Administrator documents a systemic air- ized under titles 23 and 49, United States available for the same purposes of such ap- worthiness noncompliance performance issue Code, and the provisions of the Fixing Amer- propriation. as a result of inspection or oversight that ica’s Surface Transportation Act shall not SEC. 114. None of the funds in this Act shall the safety of air commerce requires a limita- exceed total obligations of $45,268,596,000 for be available for paying premium pay under tion with regard to a specific authorization fiscal year 2019: Provided, That the Secretary subsection 5546(a) of title 5, United States or where an ODA’s capability has not been may collect and spend fees, as authorized by Code, to any Federal Aviation Administra- previously established in terms of a new title 23, United States Code, to cover the tion employee unless such employee actually compliance method or design feature: Pro- costs of services of expert firms, including performed work during the time cor- vided, That in such cases the Federal Avia- counsel, in the field of municipal and project responding to such premium pay. tion Administration shall work with the finance to assist in the underwriting and SEC. 115. None of the funds in this Act may ODA holder if requested to develop the capa- servicing of Federal credit instruments and be obligated or expended for an employee of bility to execute that function safely, effi- all or a portion of the costs to the Federal the Federal Aviation Administration to pur- ciently and effectively. Government of servicing such credit instru- chase a store gift card or gift certificate SEC. 119E. (a) TERMINAL AERODROME FORE- ments: Provided further, That such fees are through use of a Government-issued credit CAST.—The Administrator shall permit an available until expended to pay for such card. air carrier operation under part 121 of title costs: Provided further, That such amounts SEC. 116. None of the funds in this Act may 14, Code of Federal Regulations, to operate are in addition to administrative expenses be obligated or expended for retention bo- to a destination determined to be under vis- that are also available for such purpose, and nuses for an employee of the Federal Avia- ual flight rules without a Terminal Aero- are not subject to any obligation limitation tion Administration without the prior writ- drome Forecast or Meteorological Aero- or the limitation on administrative expenses ten approval of the Assistant Secretary for drome Report if a current Area Forecast, under section 608 of title 23, United States Administration of the Department of Trans- supplemented by other local weather obser- Code. portation. vations or reports, is available, and an alter- (LIQUIDATION OF CONTRACT AUTHORIZATION) SEC. 117. Notwithstanding any other provi- nate airport that has an available Terminal sion of law, none of the funds made available Aerodome Forecast and weather report is (HIGHWAY TRUST FUND) under this Act or any prior Act may be used specified. The air carrier shall have approved For the payment of obligations incurred in to implement or to continue to implement procedures for dispatch and enroute weather carrying out Federal-aid highway and high- any limitation on the ability of any owner or evaluation and shall operate under instru- way safety construction programs author- operator of a private aircraft to obtain, upon ment flight rules enroute to the destination. ized under title 23, United States Code, a request to the Administrator of the Fed- (b) LIMITATION.—Without a written finding $46,007,596,000 derived from the Highway eral Aviation Administration, a blocking of of necessity, based on objective and histor- Trust Fund (other than the Mass Transit Ac- that owner’s or operator’s aircraft registra- ical evidence of imminent threat to safety, count), to remain available until expended. tion number from any display of the Federal the Administrator shall not promulgate any HIGHWAY INFRASTRUCTURE PROGRAMS Aviation Administration’s Aircraft Situa- operation specification, policy, or guidance There is hereby appropriated to the Sec- tional Display to Industry data that is made document that is more restrictive than, or retary of Transportation $3,300,000,000: Pro- available to the public, except data made requires procedures that are not expressly vided, That the amounts made available available to a Government agency, for the stated in, the regulations. under this heading shall be derived from the noncommercial flights of that owner or oper- SEC. 119F. Of the funds provided under the general fund, shall be in addition to any ator. heading ‘‘Grants-in-aid for Airports’’, up to funds provided for fiscal year 2019 in this or SEC. 118. None of the funds in this Act shall $3,500,000 shall be for necessary expenses, in- any other Act for ‘‘Federal-aid Highways’’ be available for salaries and expenses of cluding an independent verification regime, under chapter 1 of title 23, United States more than eight political and Presidential to provide reimbursement to airport spon- Code, and shall not affect the distribution or appointees in the Federal Aviation Adminis- sors that do not provide gateway operations amount of funds provided in any other Act: tration. and providers of general aviation ground sup- Provided further, That section 1101(b) of Pub- SEC. 119. None of the funds made available port services located at those airports closed lic Law 114–94 shall apply to funds made under this Act may be used to increase fees during a temporary flight restriction (TFR) available under this heading: Provided fur- pursuant to section 44721 of title 49, United for any residence of the President that is ther, That of the funds made available under States Code, until the Federal Aviation Ad- designated or identified to be secured by the this heading, $2,389,200,000 shall be set aside ministration provides to the House and Sen- United States Secret Service, and for direct for activities eligible under section ate Committees on Appropriations a report and incremental financial losses incurred 133(b)(1)(A) of title 23, United States Code, that justifies all fees related to aeronautical while such airports are closed solely due to $15,800,000 shall be set aside for activities eli- navigation products and explains how such the actions of the Federal Government: Pro- gible under the Puerto Rico Highway Pro- fees are consistent with Executive Order vided, That no funds shall be obligated or dis- gram as described in section 165(b)(2)(C) of 13642. tributed to airport sponsors that do not pro- such title, $5,000,000 shall be set aside for ac- SEC. 119A. None of the funds in this Act vide gateway operations and providers of tivities eligible under the Territorial High- may be used to close a regional operations general aviation ground support services way Program, as described in section center of the Federal Aviation Administra- until an independent audit is completed: Pro- 165(c)(6) of such title, $90,000,000 shall be set tion or reduce its services unless the Admin- vided further, That losses incurred as a result aside for the elimination of hazards and in- istrator notifies the House and Senate Com- of violations of law, or through fault or neg- stallation of protective devices at railway- mittees on Appropriations not less than 90 ligence, of such operators and service pro- highway crossings, as described in section full business days in advance. viders or of third parties (including airports) 130(e)(1)(A) of such title, and $800,000,000 shall SEC. 119B. None of the funds appropriated are not eligible for reimbursements: Provided be set aside for a bridge replacement and re- or limited by this Act may be used to change further, That obligation and expenditure of habilitation program for States: Provided weight restrictions or prior permission rules funds are conditional upon full release of the further, That for purposes of this heading, at Teterboro airport in Teterboro, New Jer- United States Government for all claims for the term ‘‘State’’ means any of the 50 States sey. financial losses resulting from such actions. SEC. 119C. None of the funds provided under or the District of Columbia: Provided further, this Act may be used by the Administrator FEDERAL HIGHWAY ADMINISTRATION That the funds made available under this of the Federal Aviation Administration to LIMITATION ON ADMINISTRATIVE EXPENSES heading for activities eligible under section withhold from consideration and approval (HIGHWAY TRUST FUND) 133(b)(1)(A) of title 23, United States Code, any new application for participation in the (INCLUDING TRANSFER OF FUNDS) shall be suballocated in the manner de- Contract Tower Program, or for reevaluation Not to exceed $446,444,304, together with scribed in section 133(d) of such title, except of Cost-share Program participants, as long advances and reimbursements received by that the set-aside described in section 133(h) as the Federal Aviation Administration has the Federal Highway Administration, shall of such title shall not apply to funds made received an application from the airport, and be obligated for necessary expenses for ad- available under this heading: Provided fur- as long as the Administrator determines ministration and operation of the Federal ther, That the funds made available under such tower is eligible using the factors set Highway Administration. In addition, this heading for (1) activities eligible under forth in the Federal Aviation Administration $3,248,000 shall be transferred to the Appa- section 133(b)(1)(A) of such title (2) the elimi- report, Establishment and Discontinuance lachian Regional Commission in accordance nation of hazards and installation of protec- Criteria for Airport Traffic Control Towers with section 104(a) of title 23, United States tive devices at railway-highway crossings, (FAA–APO–90–7 as of August, 1990). Code. and (3) a bridge replacement and rehabilita- SEC. 119D. Notwithstanding any other pro- tion program shall be administered as if ap- FEDERAL-AID HIGHWAYS vision of law, none of the funds made avail- portioned under chapter 1 of such title and able in this Act may be obligated or ex- (LIMITATION ON OBLIGATIONS) shall remain available through September pended to limit the use of an Organization (HIGHWAY TRUST FUND) 30, 2022: Provided further, That the funds Designation Authorization’s (ODA) delegated Funds available for the implementation or made available under this heading for activi- functions documented in its procedures man- execution of Federal-aid highway and high- ties eligible under section 133(b)(1)(A) of title

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(1) section 125 of title 23, United States ministered as if allocated under sections ADMINISTRATIVE PROVISIONS—FEDERAL Code; 165(b) and 165(c), respectively, of such title HIGHWAY ADMINISTRATION (2) section 147 of the Surface Transpor- and shall remain available through Sep- SEC. 120. (a) For fiscal year 2019, the Sec- tation Assistance Act of 1978 (23 U.S.C. 144 tember 30, 2022: Provided further, That the retary of Transportation shall— note; 92 Stat. 2714); funds made available under this heading for (1) not distribute from the obligation limi- (3) section 9 of the Federal-Aid Highway activities eligible under the Puerto Rico tation for Federal-aid highways— Act of 1981 (95 Stat. 1701); Highway Program shall not be subject to the (A) amounts authorized for administrative (4) subsections (b) and (j) of section 131 of requirements of sections 165(b)(2)(A) or expenses and programs by section 104(a) of the Surface Transportation Assistance Act 165(b)(2)(B) of such title: Provided further, title 23, United States Code; and of 1982 (96 Stat. 2119); That the funds made available under this (B) amounts authorized for the Bureau of (5) subsections (b) and (c) of section 149 of heading for the elimination of hazards and Transportation Statistics; the Surface Transportation and Uniform Re- installation of protective devices at railway- (2) not distribute an amount from the obli- location Assistance Act of 1987 (101 Stat. 198); highway crossings shall be apportioned to gation limitation for Federal-aid highways (6) sections 1103 through 1108 of the Inter- the States as described in sections 130(f)(1) that is equal to the unobligated balance of modal Surface Transportation Efficiency Act and (f)(2) of such title: Provided further, That amounts— of 1991 (105 Stat. 2027); at least one-half of the funds made available (A) made available from the Highway (7) section 157 of title 23, United States to a State under this heading for the elimi- Trust Fund (other than the Mass Transit Ac- Code (as in effect on June 8, 1998); nation of hazards and installation of protec- count) for Federal-aid highway and highway (8) section 105 of title 23, United States tive devices at railway-highway crossings safety construction programs for previous Code (as in effect for fiscal years 1998 shall be available for the installation of pro- fiscal years the funds for which are allocated through 2004, but only in an amount equal to tective devices at railway-highway cross- by the Secretary (or apportioned by the Sec- $639,000,000 for each of those fiscal years); ings: Provided further, That the funds made retary under sections 202 or 204 of title 23, (9) Federal-aid highway programs for available under this heading for the elimi- United States Code); and which obligation authority was made avail- nation of hazards and installation of protec- (B) for which obligation limitation was able under the Transportation Equity Act tive devices at railway-highway crossings provided in a previous fiscal year; for the 21st Century (112 Stat. 107) or subse- shall be subject to the special rule described (3) determine the proportion that— quent Acts for multiple years or to remain in section 130(e)(2) of such title: Provided fur- (A) the obligation limitation for Federal- available until expended, but only to the ex- ther, That projects carried out with funds aid highways, less the aggregate of amounts tent that the obligation authority has not made available under this heading for the not distributed under paragraphs (1) and (2) lapsed or been used; elimination of hazards and installation of of this subsection; bears to (10) section 105 of title 23, United States protective devices at railway-highway cross- (B) the total of the sums authorized to be Code (as in effect for fiscal years 2005 ings shall be (1) subject to sections 130(b), (c), appropriated for the Federal-aid highway through 2012, but only in an amount equal to and (j) of such title, (2) included in the an- and highway safety construction programs $639,000,000 for each of those fiscal years); nual report described in section 130(g) of (other than sums authorized to be appro- (11) section 1603 of SAFETEA–LU (23 U.S.C. such title, and (3) subject to the Federal priated for provisions of law described in 118 note; 119 Stat. 1248), to the extent that share requirement described in section paragraphs (1) through (11) of subsection (b) funds obligated in accordance with that sec- 130(f)(3) of such title: Provided further, That and sums authorized to be appropriated for tion were not subject to a limitation on obli- the funds made available under this heading section 119 of title 23, United States Code, gations at the time at which the funds were for the elimination of hazards and installa- equal to the amount referred to in sub- initially made available for obligation; and tion of protective devices at railway-high- section (b)(12) for such fiscal year), less the way crossings shall be (1) available for (12) section 119 of title 23, United States aggregate of the amounts not distributed Code (but, for each of fiscal years 2013 matching, as described in section 130(h) of under paragraphs (1) and (2) of this sub- such title, subject to the requirements of through 2019, only in an amount equal to section; $639,000,000). such section, (2) available for incentive pay- (4) distribute the obligation limitation for ments, as described in section 130(i) of such Federal-aid highways, less the aggregate (c) REDISTRIBUTION OF UNUSED OBLIGATION title, subject to the requirements of such amounts not distributed under paragraphs AUTHORITY.—Notwithstanding subsection (a), section, and (3) subject to the limitation in (1) and (2), for each of the programs (other the Secretary shall, after August 1 of such section 130(k) of such title: Provided further, than programs to which paragraph (1) ap- fiscal year— That the funds made available under this plies) that are allocated by the Secretary (1) revise a distribution of the obligation heading for a bridge replacement and reha- under the Fixing America’s Surface Trans- limitation made available under subsection bilitation program shall be used for highway portation Act and title 23, United States (a) if an amount distributed cannot be obli- bridge replacement or rehabilitation projects Code, or apportioned by the Secretary under gated during that fiscal year; and on public roads: Provided further, That except sections 202 or 204 of that title, by multi- (2) redistribute sufficient amounts to those as provided in the following proviso the plying— States able to obligate amounts in addition funds made available under this heading for (A) the proportion determined under para- to those previously distributed during that a bridge replacement and rehabilitation pro- graph (3); by fiscal year, giving priority to those States gram shall be used in areas of a State that (B) the amounts authorized to be appro- having large unobligated balances of funds have a population of 200,000 or fewer individ- priated for each such program for such fiscal apportioned under sections 144 (as in effect uals: Provided further, That if a State has no year; and on the day before the date of enactment of bridges located in areas with a population of (5) distribute the obligation limitation for Public Law 112–141) and 104 of title 23, United 200,000 or fewer individuals, or if a State has Federal-aid highways, less the aggregate States Code. no bridge replacement or rehabilitation amounts not distributed under paragraphs needs in areas of the State with a population (1) and (2) and the amounts distributed under (d) APPLICABILITY OF OBLIGATION LIMITA- of 200,000 or fewer individuals, the funds paragraph (4), for Federal-aid highway and TIONS TO TRANSPORTATION RESEARCH PRO- made available under this heading for a highway safety construction programs that GRAMS.— bridge replacement and rehabilitation pro- are apportioned by the Secretary under title (1) IN GENERAL.—Except as provided in gram may be used for highway bridge re- 23, United States Code, (other than the paragraph (2), the obligation limitation for placement or rehabilitation projects on pub- amounts apportioned for the National High- Federal-aid highways shall apply to contract lic roads in any area of the State: Provided way Performance Program in section 119 of authority for transportation research pro- further, That the Secretary shall distribute title 23, United States Code, that are exempt grams carried out under— funds made available under this heading for from the limitation under subsection (b)(12) (A) chapter 5 of title 23, United States the bridge replacement and rehabilitation and the amounts apportioned under sections Code; and program to each State by the proportion 202 and 204 of that title) in the proportion (B) title VI of the Fixing America’s Sur- that the percentage of total deck area of that— face Transportation Act. bridges classified as in poor condition in (A) amounts authorized to be appropriated (2) EXCEPTION.—Obligation authority made each State bears to the sum of the percent- for the programs that are apportioned under available under paragraph (1) shall— ages of total deck area of bridges classified title 23, United States Code, to each State (A) remain available for a period of 4 fiscal as in poor condition in all States: Provided for such fiscal year; bears to years; and

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(B) be in addition to the amount of any SEC. 125. (a) A State or territory, as defined ations and Programs’’ for fiscal year 2019, of limitation imposed on obligations for Fed- in section 165 of title 23, United States Code, which $9,073,000, to remain available for obli- eral-aid highway and highway safety con- may use for any project eligible under sec- gation until September 30, 2021, is for the re- struction programs for future fiscal years. tion 133(b) of title 23 or section 165 of title 23 search and technology program, and of which (e) REDISTRIBUTION OF CERTAIN AUTHORIZED and located within the boundary of the State $34,824,000, to remain available for obligation FUNDS.— or territory any earmarked amount, and any until September 30, 2021, is for information (1) IN GENERAL.—Not later than 30 days associated obligation limitation: Provided, management. after the date of distribution of obligation That the Department of Transportation for MOTOR CARRIER SAFETY GRANTS limitation under subsection (a), the Sec- the State or territory for which the ear- (LIQUIDATION OF CONTRACT AUTHORIZATION) retary shall distribute to the States any marked amount was originally designated or (LIMITATION ON OBLIGATIONS) funds (excluding funds authorized for the directed notifies the Secretary of Transpor- (HIGHWAY TRUST FUND) program under section 202 of title 23, United tation of its intent to use its authority under States Code) that— this section and submits a quarterly report (INCLUDING TRANSFER OF FUNDS) (A) are authorized to be appropriated for to the Secretary identifying the projects to For payment of obligations incurred in such fiscal year for Federal-aid highway pro- which the funding would be applied. Not- carrying out sections 31102, 31103, 31104, and grams; and withstanding the original period of avail- 31313 of title 49, United States Code, as (B) the Secretary determines will not be ability of funds to be obligated under this amended by the Fixing America’s Surface allocated to the States (or will not be appor- section, such funds and associated obligation Transportation Act, $382,800,000, to be de- tioned to the States under section 204 of title limitation shall remain available for obliga- rived from the Highway Trust Fund (other 23, United States Code), and will not be tion for a period of 3 fiscal years after the than the Mass Transit Account) and to re- available for obligation, for such fiscal year fiscal year in which the Secretary of Trans- main available until expended: Provided, because of the imposition of any obligation portation is notified. The Federal share of That funds available for the implementation limitation for such fiscal year. the cost of a project carried out with funds or execution of motor carrier safety pro- (2) RATIO.—Funds shall be distributed made available under this section shall be grams shall not exceed total obligations of under paragraph (1) in the same proportion the same as associated with the earmark. $382,800,000 in fiscal year 2019 for ‘‘Motor Car- as the distribution of obligation authority (b) In this section, the term ‘‘earmarked rier Safety Grants’’; of which $304,300,000 under subsection (a)(5). amount’’ means— shall be available for the motor carrier safe- (3) AVAILABILITY.—Funds distributed to (1) congressionally directed spending, as ty assistance program, $32,500,000 shall be each State under paragraph (1) shall be defined in rule XLIV of the Standing Rules available for the commercial driver’s license available for any purpose described in sec- of the Senate, identified in a prior law, reprogram implementation program, $44,000,000 tion 133(b) of title 23, United States Code. port, or joint explanatory statement, which shall be available for the high priority ac- SEC. 121. Notwithstanding 31 U.S.C. 3302, was authorized to be appropriated or appro- tivities program, and $2,000,000 shall be made funds received by the Bureau of Transpor- priated more than 10 fiscal years prior to the available for commercial motor vehicle oper- tation Statistics from the sale of data prod- current fiscal year, and administered by the ators grants, of which $1,000,000 is to be made ucts, for necessary expenses incurred pursu- Federal Highway Administration; or available from prior year unobligated con- ant to chapter 63 of title 49, United States (2) a congressional earmark, as defined in tract authority provided for Motor Carrier Code, may be credited to the Federal-aid rule XXI of the Rules of the House of Rep- Safety grants in the Transportation Equity highways account for the purpose of reim- resentatives identified in a prior law, report, Act for the 21st Century (Public Law 105–178), bursing the Bureau for such expenses: Pro- or joint explanatory statement, which was SAFETEA-LU (Public Law 109–59), or other vided, That such funds shall be subject to the authorized to be appropriated or appro- appropriations or authorization acts. obligation limitation for Federal-aid high- priated more than 10 fiscal years prior to the ADMINISTRATIVE PROVISIONS—FEDERAL MOTOR way and highway safety construction pro- current fiscal year, and administered by the CARRIER SAFETY ADMINISTRATION grams. Federal Highway Administration. SEC. 122. Not less than 15 days prior to SEC. 130. Funds appropriated or limited in (c) The authority under subsection (a) may waiving, under his or her statutory author- this Act shall be subject to the terms and ity, any Buy America requirement for Fed- be exercised only for those projects or activi- conditions stipulated in section 350 of Public eral-aid highways projects, the Secretary of ties that have obligated less than 10 percent Law 107–87 and section 6901 of Public Law Transportation shall make an informal pub- of the amount made available for obligation 110–28. lic notice and comment opportunity on the as of October 1 of the current fiscal year, and SEC. 131. The Federal Motor Carrier Safety intent to issue such waiver and the reasons shall be applied to projects within the same Administration shall send notice of 49 CFR therefor: Provided, That the Secretary shall general geographic area within 50 miles for section 385.308 violations by certified mail, provide an annual report to the House and which the funding was designated, except registered mail, or another manner of deliv- Senate Committees on Appropriations on that a State or territory may apply such au- ery, which records the receipt of the notice any waivers granted under the Buy America thority to unexpended balances of funds from by the persons responsible for the violations. requirements. projects or activities the State or territory NATIONAL HIGHWAY TRAFFIC SAFETY SEC. 123. None of the funds provided in this certifies have been closed and for which pay- ADMINISTRATION ments have been made under a final voucher. Act to the Department of Transportation OPERATIONS AND RESEARCH may be used to provide credit assistance un- (d) The Secretary shall submit consoli- For expenses necessary to discharge the less not less than 3 days before any applica- dated reports of the information provided by tion approval to provide credit assistance the States and territories each quarter to functions of the Secretary, with respect to under sections 603 and 604 of title 23, United the House and Senate Committees on Appro- traffic and highway safety authorized under States Code, the Secretary of Transportation priations. chapter 301 and part C of subtitle VI of title provides notification in writing to the fol- 49, United States Code, $190,000,000, of which FEDERAL MOTOR CARRIER SAFETY $40,000,000 shall remain available through lowing committees: the House and Senate ADMINISTRATION Committees on Appropriations; the Com- September 30, 2020. mittee on Environment and Public Works MOTOR CARRIER SAFETY OPERATIONS AND OPERATIONS AND RESEARCH PROGRAMS and the Committee on Banking, Housing and (LIQUIDATION OF CONTRACT AUTHORIZATION) (LIQUIDATION OF CONTRACT AUTHORIZATION) Urban Affairs of the Senate; and the Com- (LIMITATION ON OBLIGATIONS) mittee on Transportation and Infrastructure (LIMITATION ON OBLIGATIONS) (HIGHWAY TRUST FUND) of the House of Representatives: Provided, (HIGHWAY TRUST FUND) That such notification shall include, but not For payment of obligations incurred in be limited to, the name of the project spon- For payment of obligations incurred in the carrying out the provisions of 23 U.S.C. 403, sor; a description of the project; whether implementation, execution and administra- section 4011 of the FAST Act (Public Law credit assistance will be provided as a direct tion of motor carrier safety operations and 114–94), and chapter 303 of title 49, United loan, loan guarantee, or line of credit; and programs pursuant to section 31110 of title States Code, $152,100,000, to be derived from the amount of credit assistance. 49, United States Code, as amended by the the Highway Trust Fund (other than the SEC. 124. None of the funds in this Act may Fixing America’s Surface Transportation Mass Transit Account) and to remain avail- be used to make a grant for a project under Act, $284,000,000, to be derived from the High- able until expended: Provided, That none of section 117 of title 23, United States Code, way Trust Fund (other than the Mass Tran- the funds in this Act shall be available for unless the Secretary, at least 60 days before sit Account), together with advances and re- the planning or execution of programs the making a grant under that section, provides imbursements received by the Federal Motor total obligations for which, in fiscal year written notification to the House and Senate Carrier Safety Administration, the sum of 2019, are in excess of $152,100,000, of which Committees on Appropriations of the pro- which shall remain available until expended: $146,700,000 shall be for programs authorized posed grant, including an evaluation and jus- Provided, That funds available for implemen- under 23 U.S.C. 403 and $5,400,000 shall be for tification for the project and the amount of tation, execution or administration of motor the National Driver Register authorized the proposed grant award: Provided, That the carrier safety operations and programs au- under chapter 303 of title 49, United States written notification required in the previous thorized under title 49, United States Code, Code: Provided further, That within the proviso shall be made no later than 180 days shall not exceed total obligations of $152,100,000 obligation limitation for oper- after enactment of this Act. $284,000,000 for ‘‘Motor Carrier Safety Oper- ations and research, $20,000,000 shall remain

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available until September 30, 2020, and shall for, $221,698,000, of which $15,900,000 shall re- RESTORATION AND ENHANCEMENT be in addition to the amount of any limita- main available until expended. For necessary expenses related to Restora- tion imposed on obligations for future years. RAILROAD RESEARCH AND DEVELOPMENT tion and Enhancement Grants, as authorized HIGHWAY TRAFFIC SAFETY GRANTS For necessary expenses for railroad re- by section 24408 of title 49, United States (LIQUIDATION OF CONTRACT AUTHORIZATION) search and development, $40,600,000, to re- Code, $10,000,000, to remain available until (LIMITATION ON OBLIGATIONS) main available until expended. expended: Provided, That the Secretary may withhold up to one percent of the funds pro- (HIGHWAY TRUST FUND) RAILROAD REHABILITATION AND IMPROVEMENT vided under this heading to fund the costs of For payment of obligations incurred in FINANCING PROGRAM award and project management and over- carrying out provisions of 23 U.S.C. 402, 404, The Secretary of Transportation is author- sight: Provided further, That the Secretary and 405, and section 4001(a)(6) of the Fixing ized to issue direct loans and loan guaran- shall issue the Notice of Funding Oppor- America’s Surface Transportation Act, to re- tees pursuant to sections 501 through 504 of tunity for funds provided under this heading main available until expended, $610,208,000, the Railroad Revitalization and Regulatory no later than 30 days after enactment of this to be derived from the Highway Trust Fund Reform Act of 1976 (Public Law 94–210), as Act: Provided further, That the Secretary (other than the Mass Transit Account): Pro- amended, such authority shall exist as long shall announce the selection of projects to vided, That none of the funds in this Act as any such direct loan or loan guarantee is receive awards for the funds in the previous shall be available for the planning or execu- outstanding. proviso no later than 120 days after enact- tion of programs the total obligations for ment of this Act. which, in fiscal year 2019, are in excess of FEDERAL-STATE PARTNERSHIP FOR STATE OF $610,208,000 for programs authorized under 23 GOOD REPAIR NORTHEAST CORRIDOR GRANTS TO THE U.S.C. 402, 404, and 405, and section 4001(a)(6) For necessary expenses related to Federal- NATIONAL RAILROAD PASSENGER CORPORATION of the Fixing America’s Surface Transpor- State Partnership for State of Good Repair To enable the Secretary of Transportation tation Act, of which $270,400,000 shall be for Grants as authorized by section 24911 of title to make grants to the National Railroad ‘‘Highway Safety Programs’’ under 23 U.S.C. 49, United States Code, $300,000,000, to remain Passenger Corporation for activities associ- 402; $283,000,000 shall be for ‘‘National Pri- available until expended: Provided, That the ated with the Northeast Corridor as author- ority Safety Programs’’ under 23 U.S.C. 405; Secretary may withhold up to one percent of ized by section 11101(a) of the Fixing Amer- $30,200,000 shall be for ‘‘High Visibility En- the amount provided under this heading for ica’s Surface Transportation Act (division A forcement Program’’ under 23 U.S.C. 404; and the costs of award and project management of Public Law 114–94), $650,000,000, to remain $26,608,000 shall be for ‘‘Administrative Ex- oversight of grants carried out under section available until expended: Provided, That the penses’’ under section 4001(a)(6) of the Fixing 24911 of title 49, United States Code: Provided Secretary may retain up to one-half of 1 per- America’s Surface Transportation Act: Pro- further, That the Secretary shall issue the cent of the funds provided under both this vided further, That none of these funds shall Notice of Funding Opportunity that encom- heading and the ‘‘National Network Grants be used for construction, rehabilitation, or passes funds provided under this heading in to the National Railroad Passenger Corpora- remodeling costs, or for office furnishings this Act and previously unawarded funds tion’’ heading to fund the costs of project and fixtures for State, local or private build- provided under this heading in fiscal year management and oversight of activities au- ings or structures: Provided further, That not 2017 by Public Law 115–31 and fiscal year 2018 thorized by section 11101(c) of division A of to exceed $500,000 of the funds made available by Public Law 115–141, no later than 30 days Public Law 114–94: Provided further, That in for ‘‘National Priority Safety Programs’’ after enactment of this Act: Provided further, addition to the project management over- under 23 U.S.C. 405 for ‘‘Impaired Driving That the Secretary shall announce the selec- sight funds authorized under section 11101(c) Countermeasures’’ (as described in sub- tion of projects to receive awards for the of division A of Public Law 114–94, the Sec- section (d) of that section) shall be available funds in the previous proviso no later than retary may retain up to an additional for technical assistance to the States: Pro- 180 days after enactment of this Act. $5,000,000 of the funds provided under this heading to fund expenses associated with the vided further, That with respect to the CONSOLIDATED RAIL INFRASTRUCTURE AND Northeast Corridor Commission established ‘‘Transfers’’ provision under 23 U.S.C. SAFETY IMPROVEMENTS 405(a)(8), any amounts transferred to in- under section 24905 of title 49, United States For necessary expenses related to Consoli- crease the amounts made available under Code: Provided further, That of the amounts dated Rail Infrastructure and Safety Im- section 402 shall include the obligation au- made available under this heading and the provements Grants, as authorized by section thority for such amounts: Provided further, ‘‘National Network Grants to the National 24407 of title 49, United States Code, That the Administrator shall notify the Railroad Passenger Corporation’’ heading, $255,000,000, to remain available until ex- House and Senate Committees on Appropria- not less than $50,000,000 shall be made avail- pended: Provided, That section 24405(f) of tions of any exercise of the authority grant- able to bring Amtrak-served facilities and title 49, United States Code, shall not apply ed under the previous proviso or under 23 stations into compliance with the Americans to projects for the implementation of posi- U.S.C. 405(a)(8) within 5 days. with Disabilities Act. tive train control systems otherwise eligible NATIONAL NETWORK GRANTS TO THE NATIONAL ADMINISTRATIVE PROVISIONS—NATIONAL under section 24407(c)(1) of title 49, United RAILROAD PASSENGER CORPORATION HIGHWAY TRAFFIC SAFETY ADMINISTRATION States Code: Provided further, That amounts SEC. 140. An additional $130,000 shall be available under this heading for projects se- To enable the Secretary of Transportation made available to the National Highway lected for commuter rail passenger transpor- to make grants to the National Railroad Traffic Safety Administration, out of the tation may be transferred by the Secretary, Passenger Corporation for activities associ- amount limited for section 402 of title 23, after selection, to the appropriate agencies ated with the National Network as author- United States Code, to pay for travel and re- to be administered in accordance with chap- ized by section 11101(b) of the Fixing Amer- lated expenses for State management re- ter 53 of title 49, United States Code: Pro- ica’s Surface Transportation Act (division A views and to pay for core competency devel- vided further, That the Secretary shall not of Public Law 114–94), $1,291,600,000, to re- opment training and related expenses for limit eligible projects from consideration for main available until expended: Provided, highway safety staff. funding for planning, engineering, environ- That the Secretary may retain up to an addi- SEC. 141. The limitations on obligations for mental, construction, and design elements of tional $2,000,000 of the funds provided under the programs of the National Highway Traf- the same project in the same application: this heading to fund expenses associated fic Safety Administration set in this Act Provided further, That unobligated balances with the State-Supported Route Committee shall not apply to obligations for which obli- remaining after 4 years from the date of en- established under section 24712 of title 49, gation authority was made available in pre- actment may be used for any eligible project United States Code: Provided further, That at vious public laws but only to the extent that under section 24407(c) of title 49, United least $50,000,000 of the amount provided the obligation authority has not lapsed or States Code: Provided further, That the Sec- under this heading shall be available for the been used. retary may withhold up to one percent of the development, installation and operation of SEC. 142. In addition to the amounts made amount provided under this heading for the railroad safety technology, including the im- available under the heading, ‘‘Operations and costs of award and project management over- plementation of a positive train control sys- Research (Liquidation of Contract Author- sight of grants carried out under section tem, on State-supported routes as defined ization) (Limitation on Obligations) (High- 24407 of title 49, United States Code: Provided under section 24102(13) of title 49, United way Trust Fund)’’ for carrying out the provi- further, That the Secretary shall issue the States Code, on which positive train control sions of section 403 of title 23, United States Notice of Funding Opportunity that encom- systems are not required by law or regula- Code, $4,000,000 shall be available to continue passes previously unawarded funds provided tion. a high visibility enforcement paid-media under this heading in fiscal year 2018 by Pub- ADMINISTRATIVE PROVISIONS—FEDERAL campaign regarding highway-rail grade lic Law 115–141 and funds provided under this RAILROAD ADMINISTRATION crossing safety in collaboration with the heading in this Act no later than 30 days SEC. 150. None of the funds provided to the Federal Railroad Administration. after enactment of this Act: Provided further, National Railroad Passenger Corporation FEDERAL RAILROAD ADMINISTRATION That the Secretary shall announce the selec- may be used to fund any overtime costs in SAFETY AND OPERATIONS tion of projects to receive awards for the excess of $35,000 for any individual employee: For necessary expenses of the Federal Rail- funds in the previous proviso no later than Provided, That the President of Amtrak may road Administration, not otherwise provided 120 days after enactment of this Act. waive the cap set in the previous proviso for

VerDate Sep 11 2014 03:28 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JY6.020 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE S5188 CONGRESSIONAL RECORD — SENATE July 23, 2018 specific employees when the President of shall be available for the state of good repair under section 601 of division B of Public Law Amtrak determines such a cap poses a risk grants as authorized under section 5337 of 110–432, $150,000,000, to remain available until to the safety and operational efficiency of such title: Provided further, That $30,000,000 expended: Provided, That the Secretary of the system: Provided further, That the Presi- shall be available for the high density state Transportation shall approve grants for cap- dent of Amtrak shall report to the House and apportionments as authorized under section ital and preventive maintenance expendi- Senate Committees on Appropriations with- 5340(d) of such title: Provided further, That tures for the Washington Metropolitan Area in 60 days of enactment of this Act, a sum- $2,000,000 shall be available for the bus test- Transit Authority only after receiving and mary of all overtime payments incurred by ing facility as authorized under section 5318 reviewing a request for each specific project: the Corporation for 2018 and the three prior of such title: Provided further, That notwith- Provided further, That prior to approving calendar years: Provided further, That such standing section 5318(a) of such title, such grants, the Secretary shall certify that summary shall include the total number of $6,000,000 shall be available for the operation the Washington Metropolitan Area Transit employees that received waivers and the and maintenance of bus testing facilities by Authority is making progress to improve its total overtime payments the Corporation institutions of higher education selected pur- safety management system in response to paid to those employees receiving waivers suant to section 5312(h) of such title: Pro- the Federal Transit Administration’s 2015 for each month for 2018 and for the three vided further, That the Secretary shall enter safety management inspection: Provided fur- prior calendar years. into a contract or cooperative agreement ther, That the Secretary shall determine with, or make a grant to, each institution of that the Washington Metropolitan Area FEDERAL TRANSIT ADMINISTRATION higher education selected pursuant to sec- Transit Authority has placed the highest pri- ADMINISTRATIVE EXPENSES tion 5312(h) of such title, to operate and ority on those investments that will improve For necessary administrative expenses of maintain a facility to conduct the testing of the safety of the system before approving the Federal Transit Administration’s pro- low or no emission vehicle new bus models such grants: Provided further, That the Sec- grams authorized by chapter 53 of title 49, using the standards established pursuant to retary, in order to ensure safety throughout United States Code, $113,165,000: Provided, section 5318(e)(2) of such title: Provided fur- the rail system, may waive the requirements That none of the funds provided or limited in ther, That the term ‘‘low or no emission ve- of section 601(e)(1) of division B of Public this Act may be used to create a permanent hicle’’ has the meaning given the term in Law 110–432. office of transit security under this heading: section 5312(e)(6) of such title: Provided fur- ADMINISTRATIVE PROVISIONS—FEDERAL Provided further, That upon submission to ther, That the Secretary shall pay 80 percent TRANSIT ADMINISTRATION the Congress of the fiscal year 2020 Presi- of the cost of testing a low or no emission (INCLUDING RESCISSION) dent’s budget, the Secretary of Transpor- vehicle new bus model at each selected insti- SEC. 160. The limitations on obligations for tation shall transmit to Congress the annual tution of higher education: Provided further, the programs of the Federal Transit Admin- report on New Starts, including proposed al- That the entity having the vehicle tested istration shall not apply to any authority locations for fiscal year 2020. shall pay 20 percent of the cost of testing: under 49 U.S.C. 5338, previously made avail- Provided further, That a low or no emission TRANSIT FORMULA GRANTS able for obligation, or to any other authority vehicle new bus model tested that receives a (LIQUIDATION OF CONTRACT AUTHORIZATION) previously made available for obligation. passing aggregate test score in accordance EC (LIMITATION ON OBLIGATIONS) S . 161. Notwithstanding any other provi- with the standards established under section sion of law, any funds appropriated before (HIGHWAY TRUST FUND) 5318(e)(2) of such title, shall be deemed to be October 1, 2018, under any section of chapter For payment of obligations incurred in the in compliance with the requirements of sec- 53 of title 49, United States Code, that re- Federal Public Transportation Assistance tion 5318(e) of such title: Provided further, main available for expenditure, may be Program in this account, and for payment of That amounts made available by this head- transferred to and administered under the obligations incurred in carrying out the pro- ing shall be derived from the general fund: most recent appropriation heading for any visions of 49 U.S.C. 5305, 5307, 5310, 5311, 5312, Provided further, That the amounts made such section. 5314, 5318, 5329(e)(6), 5335, 5337, 5339, and 5340, available under this heading shall not be SEC. 162. Of the unobligated amounts made as amended by the Fixing America’s Surface subject to any limitation on obligations for available for fiscal years 2005 or prior fiscal Transportation Act, section 20005(b) of Pub- transit programs set forth in any Act. years to ‘‘Transit Formula Grants’’, a total lic Law 112–141, and section 3006(b) of the TECHNICAL ASSISTANCE AND TRAINING of $46,560,000 is hereby permanently re- Fixing America’s Surface Transportation For necessary expenses to carry out 49 scinded. Act, $9,900,000,000, to be derived from the U.S.C. 5314, $5,000,000, of which up to SAINT LAWRENCE SEAWAY DEVELOPMENT Mass Transit Account of the Highway Trust $1,500,000 shall be for a cooperative agree- CORPORATION Fund and to remain available until ex- ment through which the Federal Transit Ad- The Saint Lawrence Seaway Development pended: Provided, That funds available for ministration assists small-urban, rural and Corporation is hereby authorized to make the implementation or execution of pro- tribal public transit recipients and planning such expenditures, within the limits of funds grams authorized under 49 U.S.C. 5305, 5307, organizations with applied innovation and and borrowing authority available to the 5310, 5311, 5312, 5314, 5318, 5329(e)(6), 5335, 5337, capacity-building: Provided, That the assist- Corporation, and in accord with law, and to 5339, and 5340, as amended by the Fixing ance provided under this heading not dupli- make such contracts and commitments with- America’s Surface Transportation Act, sec- cate the activities of 49 U.S.C. 5311(b) or 49 out regard to fiscal year limitations, as pro- tion 20005(b) of Public Law 112–141, and sec- U.S.C. 5312. vided by section 104 of the Government Cor- tion 3006(b) of the Fixing America’s Surface CAPITAL INVESTMENT GRANTS poration Control Act, as amended, as may be Transportation Act, shall not exceed total For necessary expenses to carry out fixed necessary in carrying out the programs set obligations of $9,939,380,030 in fiscal year guideway capital investment grants under forth in the Corporation’s budget for the cur- 2019: Provided further, That the Federal share section 5309 of title 49, United States Code, rent fiscal year. of the cost of activities carried out under 49 and section 3005(b) of the Fixing America’s OPERATIONS AND MAINTENANCE U.S.C. section 5312 shall not exceed 80 per- Surface Transportation Act, $2,552,687,000, to (HARBOR MAINTENANCE TRUST FUND) cent, except that if there is substantial pub- remain available until September 30, 2022: For necessary expenses to conduct the op- lic interest or benefit, the Secretary may ap- Provided, That of the amounts made avail- erations, maintenance, and capital asset re- prove a greater Federal share. able under this heading, $1,315,670,000 shall be newal activities on those portions of the TRANSIT INFRASTRUCTURE GRANTS available for projects authorized under sec- Saint Lawrence Seaway owned, operated, For an additional amount for buses and bus tion 5309(d) of title 49, United States Code, and maintained by the Saint Lawrence Sea- facilities grants under section 5339 of title 49, $543,500,000 shall be available for projects au- way Development Corporation, $36,000,000, to United States Code, state of good repair thorized under section 5309(e) of title 49, be derived from the Harbor Maintenance grants under section 5337 of such title, high United States Code, $568,000,000 shall be Trust Fund, pursuant to Public Law 99–662: density state apportionments under section available for projects authorized under sec- Provided, That of the amounts made avail- 5340(d) of such title, and the bus testing fa- tion 5309(h) of title 49, United States Code, able under this heading, not less than cilities under sections 5312 and 5318 of such and $100,000,000 shall be available for projects $16,000,000 shall be used on capital asset re- title, $800,000,000 to remain available until authorized under section 3005(b) of the Fix- newal activities. ing America’s Surface Transportation Act: expended: Provided, That $400,000,000 shall be MARITIME ADMINISTRATION available for grants as authorized under sec- Provided further, That the Secretary shall MARITIME SECURITY PROGRAM tion 5339 of such title, of which $209,104,000 continue to administer the capital invest- For necessary expenses to maintain and shall be available for the buses and bus fa- ment grants program in accordance with the preserve a U.S.-flag merchant fleet to serve cilities formula grants as authorized under procedural and substantive requirements of the national security needs of the United section 5339(a) of such title, $161,446,000 shall section 5309 of title 49, United States Code, States, $300,000,000, to remain available until be available for the buses and bus facilities and of section 3005(b) of the Fixing America’s expended. competitive grants as authorized under sec- Surface Transportation Act. tion 5339(b) of such title, and $29,450,000 shall GRANTS TO THE WASHINGTON METROPOLITAN OPERATIONS AND TRAINING be available for the low or no emission AREA TRANSIT AUTHORITY (INCLUDING TRANSFER OF FUNDS) grants as authorized under section 5339(c) of For grants to the Washington Metropoli- For necessary expenses of operations and such title: Provided further, That $362,000,000 tan Area Transit Authority as authorized training activities authorized by law,

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$149,442,000, to remain available until Sep- MARITIME GUARANTEED LOAN (TITLE XI) $28,318,000 shall remain available until Sep- tember 30, 2020, of which $71,000,000 shall be PROGRAM ACCOUNT tember 30, 2021, from amounts made avail- for the operations of the United States Mer- (INCLUDING TRANSFER OF FUNDS) able by 49 U.S.C. 5116(h), 5128(b), and 5128(c): chant Marine Academy, and of which For administrative expenses to carry out Provided, That notwithstanding 49 U.S.C. $18,000,000 shall remain available until ex- the guaranteed loan program, $3,000,000, 5116(h)(4), not more than 4 percent of the pended for the maintenance and repair, which shall be transferred to and merged amounts made available from this account equipment, and capital improvements at the with the appropriations for ‘‘Operations and shall be available to pay administrative United States Merchant Marine Academy: Training’’, Maritime Administration. costs: Provided further, That none of the funds made available by 49 U.S.C. 5116(h), Provided, That not later than January 12, ADMINISTRATIVE PROVISIONS—MARITIME 5128(b), or 5128(c) shall be made available for 2020, the Administrator of the Maritime Ad- ADMINISTRATION ministration shall transmit to the House and obligation by individuals other than the Sec- SEC. 170. Notwithstanding any other provi- Senate Committees on Appropriations the retary of Transportation, or his or her des- sion of this Act, in addition to any existing annual report on sexual assault and sexual ignee. authority, the Maritime Administration is harassment at the United States Merchant authorized to furnish utilities and services OFFICE OF INSPECTOR GENERAL Marine Academy as required pursuant to sec- and make necessary repairs in connection SALARIES AND EXPENSES tion 3507 of Public Law 110–417: Provided fur- with any lease, contract, or occupancy in- For necessary expenses of the Office of the ther, That of the amounts made available volving Government property under control Inspector General to carry out the provisions under this heading, $3,000,000 shall be for the of the Maritime Administration: Provided, of the Inspector General Act of 1978, as Maritime Environment and Technology As- That payments received therefor shall be amended, $92,600,000: Provided, That the In- sistance program authorized under section credited to the appropriation charged with spector General shall have all necessary au- 50307 of title 46, United States Code: Provided the cost thereof and shall remain available thority, in carrying out the duties specified further, That of the amounts made available until expended: Provided further, That rental in the Inspector General Act, as amended (5 under this heading, $7,000,000, shall remain payments under any such lease, contract, or U.S.C. App. 3), to investigate allegations of available until expended for the Short Sea occupancy for items other than such utili- fraud, including false statements to the gov- Transportation Program (America’s Marine ties, services, or repairs shall be covered into ernment (18 U.S.C. 1001), by any person or en- Highways) to make grants for the purposes the Treasury as miscellaneous receipts. tity that is subject to regulation by the De- authorized under sections 55601(b)(1) and (3) PIPELINE AND HAZARDOUS MATERIALS SAFETY partment of Transportation: Provided further, of title 46, United States Code: Provided fur- ADMINISTRATION That the funds made available under this ther, That available balances under this OPERATIONAL EXPENSES heading may be used to investigate, pursu- heading for the Short Sea Transportation ant to section 41712 of title 49, United States Program (America’s Marine Highways) from For necessary operational expenses of the Pipeline and Hazardous Materials Safety Ad- Code: (1) unfair or deceptive practices and prior year recoveries shall be available to ministration, $23,710,000: Provided, That the unfair methods of competition by domestic carry out activities authorized under sec- Secretary of Transportation shall issue a and foreign air carriers and ticket agents; tions 55601(b)(1) and (3) of title 46, United final rule to expand the applicability of com- and (2) the compliance of domestic and for- States Code: Provided further, That from prehensive oil spill response plans within 45 eign air carriers with respect to item (1) of funds provided under the previous two pro- days of enactment of this Act: Provided fur- this proviso. visos, the Secretary of Transportation shall ther, That the amounts appropriated under GENERAL PROVISIONS—DEPARTMENT OF make grants no later than 180 days after en- this heading shall be reduced by $100,000 per TRANSPORTATION actment of this Act in such amounts as the day for each day that such rule has not been SEC. 180. (a) During the current fiscal year, Secretary determines: Provided further, That issued following the expiration of the period applicable appropriations to the Department any unobligated balances available from pre- set forth in the previous proviso. of Transportation shall be available for vious appropriations for programs and ac- HAZARDOUS MATERIALS SAFETY maintenance and operation of aircraft; hire tivities supporting State Maritime Acad- of passenger motor vehicles and aircraft; emies shall be transferred to and merged For expenses necessary to discharge the hazardous materials safety functions of the purchase of liability insurance for motor ve- with the appropriations for ‘‘Maritime Ad- hicles operating in foreign countries on offi- ministration, State Maritime Academy Op- Pipeline and Hazardous Materials Safety Ad- ministration, $58,000,000, of which $7,570,000 cial department business; and uniforms or al- erations’’ and shall be made available for the lowances therefor, as authorized by law (5 same purposes. shall remain available until September 30, 2021: Provided, That up to $800,000 in fees col- U.S.C. 5901–5902). (b) During the current fiscal year, applica- STATE MARITIME ACADEMY OPERATIONS lected under 49 U.S.C. 5108(g) shall be deposited in the general fund of the Treasury as ble appropriations to the Department and its For necessary expenses of operations, sup- operating administrations shall be available offsetting receipts: Provided further, That port and training activities for State Mari- there may be credited to this appropriation, for the purchase, maintenance, operation, time Academies, $340,200,000, of which to remain available until expended, funds re- and deployment of unmanned aircraft sys- $30,000,000, to remain available until ex- ceived from States, counties, municipalities, tems that advance the Department’s, or its pended, shall be for maintenance, repair, life other public authorities, and private sources operating administrations’, missions. (c) Any unmanned aircraft system pur- extension, and capacity improvement of Na- for expenses incurred for training, for re- chased or procured by the Department prior tional Defense Reserve Fleet training ships ports publication and dissemination, and for to the enactment of this Act shall be deemed in support of State Maritime Academies, as travel expenses incurred in the performance authorized. well as other expenses related to training of hazardous materials exemptions and ap- SEC. 181. Appropriations contained in this mariners, as determined by the Secretary, of provals functions. which $300,000,000, to remain available until Act for the Department of Transportation PIPELINE SAFETY expended shall be for the National Security shall be available for services as authorized Multi-Mission Vessel Program, including (PIPELINE SAFETY FUND) by 5 U.S.C. 3109, but at rates for individuals funds for construction, planning, administra- (OIL SPILL LIABILITY TRUST FUND) not to exceed the per diem rate equivalent to tion, and design of school ships, of which For expenses necessary to conduct the the rate for an Executive Level IV. SEC. 182. (a) No recipient of funds made $2,400,000 shall remain available through Sep- functions of the pipeline safety program, for available in this Act shall disseminate per- tember 30, 2020, for the Student Incentive grants-in-aid to carry out a pipeline safety sonal information (as defined in 18 U.S.C. Program, of which $1,800,000 shall remain program, as authorized by 49 U.S.C. 60107, 2725(3)) obtained by a State department of available until expended for training ship and to discharge the pipeline program re- motor vehicles in connection with a motor fuel assistance, and of which $6,000,000 shall sponsibilities of the Oil Pollution Act of 1990, vehicle record as defined in 18 U.S.C. 2725(1), remain available until September 30, 2020, for $165,000,000, to remain available until Sep- except as provided in 18 U.S.C. 2721 for a use direct payments for State Maritime Acad- tember 30, 2021, of which $23,000,000 shall be derived from the Oil Spill Liability Trust permitted under 18 U.S.C. 2721. emies. (b) Notwithstanding subsection (a), the Fund; of which $134,000,000 shall be derived Secretary shall not withhold funds provided ASSISTANCE TO SMALL SHIPYARDS from the Pipeline Safety Fund; and of which in this Act for any grantee if a State is in $8,000,000 shall be derived from fees collected To make grants to qualified shipyards as noncompliance with this provision. under 49 U.S.C. 60302 and deposited in the Un- authorized under section 54101 of title 46, SEC. 183. None of the funds in this Act shall derground Natural Gas Storage Facility United States Code, as amended by Public be available for salaries and expenses of Safety Account for the purpose of carrying Law 113–281, $20,000,000, to remain available more than 110 political and Presidential ap- out 49 U.S.C. 60141: Provided, That not less until expended. pointees in the Department of Transpor- than $1,058,000 of the funds provided under tation: Provided, That none of the personnel SHIP DISPOSAL this heading shall be for the one-call state covered by this provision may be assigned on grant program. For necessary expenses related to the dis- temporary detail outside the Department of posal of obsolete vessels in the National De- EMERGENCY PREPAREDNESS GRANTS Transportation. fense Reserve Fleet of the Maritime Admin- (EMERGENCY PREPAREDNESS FUND) SEC. 184. Funds received by the Federal istration, $5,000,000, to remain available until Notwithstanding the fiscal year limitation Highway Administration and Federal Rail- expended. specified in 49 U.S.C. 5116, not more than road Administration from States, counties,

VerDate Sep 11 2014 03:28 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JY6.020 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE S5190 CONGRESSIONAL RECORD — SENATE July 23, 2018 municipalities, other public authorities, and (B) if no such appropriation remains avail- TITLE II private sources for expenses incurred for able, shall be deposited in the Treasury as DEPARTMENT OF HOUSING AND URBAN training may be credited respectively to the miscellaneous receipts: Provided further, DEVELOPMENT Federal Highway Administration’s ‘‘Federal- That prior to the transfer of any such recov- MANAGEMENT AND ADMINISTRATION Aid Highways’’ account and to the Federal ery to an appropriations account, the Sec- EXECUTIVE OFFICES Railroad Administration’s ‘‘Safety and Oper- retary shall notify the House and Senate ations’’ account, except for State rail safety Committees on Appropriations of the For necessary salaries and expenses for Ex- inspectors participating in training pursuant amount and reasons for such transfer: Pro- ecutive Offices, which shall be comprised of to 49 U.S.C. 20105. vided further, That for purposes of this sec- the offices of the Secretary, Deputy Sec- retary, Adjudicatory Services, Congressional SEC. 185. (a) None of the funds provided in tion, the term ‘‘improper payments’’ has the and Intergovernmental Relations, Public Af- this Act to the Department of Transpor- same meaning as that provided in section fairs, Small and Disadvantaged Business Uti- tation may be used to make a loan, loan 2(d)(2) of Public Law 107–300. guarantee, line of credit, or discretionary lization, and the Center for Faith-Based and grant unless the Secretary of Transportation SEC. 188. Notwithstanding any other provi- Neighborhood Partnerships, $14,898,000: Pro- notifies the House and Senate Committees sion of law, if any funds provided in or lim- vided, That not to exceed $25,000 of the on Appropriations not less than 3 full busi- ited by this Act are subject to a reprogram- amount made available under this heading ness days before any project competitively ming action that requires notice to be pro- shall be available to the Secretary for offi- selected to receive any discretionary grant vided to the House and Senate Committees cial reception and representation expenses as award, letter of intent, loan commitment, on Appropriations, transmission of said re- the Secretary may determine. loan guarantee commitment, line of credit programming notice shall be provided solely ADMINISTRATIVE SUPPORT OFFICES commitment, or full funding grant agree- to the House and Senate Committees on Ap- For necessary salaries and expenses for Ad- ment is announced by the Department or its propriations, and said reprogramming action ministrative Support Offices, $556,000,000, of modal administrations: Provided, That the shall be approved or denied solely by the which $76,600,000 shall be available for the Of- Secretary gives concurrent notification to House and Senate Committees on Appropria- fice of the Chief Financial Officer, (and of the House and Senate Committees on Appro- which $25,000,000, to remain available until priations for any ‘‘quick release’’ of funds tions: Provided, That the Secretary of Trans- portation may provide notice to other con- September 30, 2021, shall be for the financial from the emergency relief program: Provided transformation initiative); $98,000,000 shall further, That no notification shall involve gressional committees of the action of the House and Senate Committees on Appropria- be available for the Office of the General funds that are not available for obligation. Counsel, of which not less than $15,000,000 (b) In addition to the notification required tions on such reprogramming but not sooner shall be for the Departmental Enforcement in subsection (a), none of the funds made than 30 days following the date on which the Center; $213,300,000 shall be available for the available in this Act to the Department of reprogramming action has been approved or Office of Administration; $40,200,000 shall be Transportation may be used to make a loan, denied by the House and Senate Committees available for the Office of the Chief Human loan guarantee, line of credit, cooperative on Appropriations. agreement or discretionary grant unless the Capital Officer; $54,000,000 shall be available Secretary of Transportation provides the SEC. 189. Funds appropriated in this Act to for the Office of Field Policy and Manage- House and Senate Committees on Appropria- the modal administrations may be obligated ment; $20,000,000 shall be available for the Of- tions a comprehensive list of all such loans, for the Office of the Secretary for the costs fice of the Chief Procurement Officer; loan guarantees, lines of credit, cooperative related to assessments or reimbursable $3,600,000 shall be available for the Office of agreement or discretionary grants that will agreements only when such amounts are for Departmental Equal Employment Oppor- tunity; $4,300,000 shall be available for the be announced not less the 3 full business the costs of goods and services that are pur- Office of Business Transformation; and days before such announcement: Provided, chased to provide a direct benefit to the ap- That the requirement to provide a list in $46,00,000 shall be available for the Office of plicable modal administration or adminis- the Chief Information Officer: Provided, That this subsection does not apply to any ‘‘quick trations. release’’ of funds from the emergency relief funds provided under this heading may be program: Provided further, That no list shall SEC. 190. The Secretary of Transportation used for necessary administrative and non- involve funds that are not available for obli- is authorized to carry out a program that es- administrative expenses of the Department gation. tablishes uniform standards for developing of Housing and Urban Development, not oth- SEC. 186. Rebates, refunds, incentive pay- and supporting agency transit pass and tran- erwise provided for, including purchase of ments, minor fees and other funds received sit benefits authorized under section 7905 of uniforms, or allowances therefor, as author- by the Department of Transportation from title 5, United States Code, including dis- ized by 5 U.S.C. 5901–5902; hire of passenger travel management centers, charge card pro- tribution of transit benefits by various paper motor vehicles; and services as authorized by grams, the subleasing of building space, and and electronic media. 5 U.S.C. 3109: Provided further, That notwith- miscellaneous sources are to be credited to standing any other provision of law, funds appropriations of the Department of Trans- SEC. 191. The Department of Transpor- appropriated under this heading may be used portation and allocated to elements of the tation may use funds provided by this Act, or for advertising and promotional activities Department of Transportation using fair and any other Act, to assist a contract under that directly support program activities equitable criteria and such funds shall be title 49 U.S.C. or title 23 U.S.C. utilizing geo- funded in this title: Provided further, That available until expended. graphic, economic, or any other hiring pref- the Secretary shall provide the House and SEC. 187. Amounts made available in this erence not otherwise authorized by law, or to Senate Committees on Appropriations quar- or any prior Act that the Secretary deter- amend a rule, regulation, policy or other terly written notification regarding the sta- mines represent improper payments by the measure that forbids a recipient of a Federal tus of pending congressional reports: Pro- Department of Transportation to a third- Highway Administration or Federal Transit vided further, That the Secretary shall pro- party contractor under a financial assistance Administration grant from imposing such vide in electronic form all signed reports re- award, which are recovered pursuant to law, hiring preference on a contract or construc- quired by Congress: Provided further, That shall be available— tion project with which the Department of not more than 10 percent of the funds made (1) to reimburse the actual expenses in- Transportation is assisting, only if the grant available under this heading for the Office of curred by the Department of Transportation recipient certifies the following: Chief Financial Officer for the financial in recovering improper payments: Provided, (1) that except with respect to apprentices transformation initiative may be obligated That amounts made available in this Act or trainees, a pool of readily available but until the Secretary submits to the House and shall be available until expended; and unemployed individuals possessing the Senate Committees on Appropriations, for (2) to pay contractors for services provided knowledge, skill, and ability to perform the approval, a plan for expenditure that in- in recovering improper payments or con- work that the contract requires resides in cludes the financial and internal control ca- tractor support in the implementation of the the jurisdiction; pabilities to be delivered and the mission Improper Payments Information Act of 2002: (2) that the grant recipient will include ap- benefits to be realized, key milestones to be Provided, That amounts in excess of that re- propriate provisions in its bid document en- met, and the relationship between the pro- quired for paragraphs (1) and (2)— suring that the contractor does not displace posed use of funds made available under this (A) shall be credited to and merged with any of its existing employees in order to sat- heading and the projected total cost and the appropriation from which the improper isfy such hiring preference; and scope of the initiative. payments were made, and shall be available (3) that any increase in the cost of labor, PROGRAM OFFICE SALARIES AND EXPENSES for the purposes and period for which such training, or delays resulting from the use of PUBLIC AND INDIAN HOUSING appropriations are available: Provided fur- such hiring preference does not delay or dis- ther, That where specific project or account- For necessary salaries and expenses of the place any transportation project in the ap- ing information associated with the im- Office of Public and Indian Housing, plicable Statewide Transportation Improve- proper payment or payments is not readily $222,000,000. ment Program or Transportation Improve- available, the Secretary may credit an ap- COMMUNITY PLANNING AND DEVELOPMENT ment Program. propriate account, which shall be available For necessary salaries and expenses of the for the purposes and period associated with This title may be cited as the ‘‘Department Office of Community Planning and Develop- the account so credited; or of Transportation Appropriations Act, 2019’’. ment, $110,000,000.

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HOUSING renewal of other special purpose incremental Housing (HUD–VASH) vouchers; and (4) for For necessary salaries and expenses of the vouchers: Provided, That notwithstanding public housing agencies that despite taking Office of Housing, $390,000,000, of which not any other provision of law, from amounts reasonable cost savings measures, as deter- less than $12,500,000 shall be for the Office of provided under this paragraph and any car- mined by the Secretary, would otherwise be Recapitalization. ryover, the Secretary for the calendar year required to terminate rental assistance for 2019 funding cycle shall provide renewal families as a result of insufficient funding: POLICY DEVELOPMENT AND RESEARCH funding for each public housing agency based Provided further, That the Secretary shall al- For necessary salaries and expenses of the on validated voucher management system locate amounts under the previous proviso Office of Policy Development and Research, (VMS) leasing and cost data for the prior cal- based on need, as determined by the Sec- $26,000,000. endar year and by applying an inflation fac- retary; FAIR HOUSING AND EQUAL OPPORTUNITY tor as established by the Secretary, by no- (2) $85,000,000 shall be for section 8 rental For necessary salaries and expenses of the tice published in the Federal Register, and assistance for relocation and replacement of Office of Fair Housing and Equal Oppor- by making any necessary adjustments for housing units that are demolished or dis- tunity, $71,500,000. the costs associated with the first-time re- posed of pursuant to section 18 of the Act, newal of vouchers under this paragraph in- conversion of section 23 projects to assist- OFFICE OF LEAD HAZARD CONTROL AND cluding tenant protection and Choice Neigh- ance under section 8, the family unification HEALTHY HOMES borhoods vouchers: Provided further, That program under section 8(x) of the Act, relo- For necessary salaries and expenses of the none of the funds provided under this para- cation of witnesses in connection with ef- Office of Lead Hazard Control and Healthy graph may be used to fund a total number of forts to combat crime in public and assisted Homes, $7,800,000. unit months under lease which exceeds a housing pursuant to a request from a law en- WORKING CAPITAL FUND public housing agency’s authorized level of forcement or prosecution agency, enhanced units under contract, except for public hous- vouchers under any provision of law author- (INCLUDING TRANSFER OF FUNDS) ing agencies participating in the MTW dem- izing such assistance under section 8(t) of For the working capital fund for the De- onstration, which are instead governed by the Act, Choice Neighborhood vouchers, partment of Housing and Urban Development the terms and conditions of their MTW mandatory and voluntary conversions, and (referred to in this paragraph as the agreements: Provided further, That the Sec- tenant protection assistance including re- ‘‘Fund’’), pursuant, in part, to section 7(f) of retary shall, to the extent necessary to stay placement and relocation assistance or for the Department of Housing and Urban Devel- within the amount specified under this para- project-based assistance to prevent the dis- opment Act (42 U.S.C. 3535(f)), amounts graph (except as otherwise modified under placement of unassisted elderly tenants cur- transferred, including reimbursements pur- this paragraph), prorate each public housing rently residing in section 202 properties fi- suant to section 7(f), to the Fund under this agency’s allocation otherwise established nanced between 1959 and 1974 that are refi- heading shall be available for Federal shared pursuant to this paragraph: Provided further, nanced pursuant to Public Law 106–569, as services used by offices and agencies of the That except as provided in the following pro- amended, or under the authority as provided Department, and for such portion of any of- visos, the entire amount specified under this under this Act: Provided, That when a public fice or agency’s printing, records manage- paragraph (except as otherwise modified housing development is submitted for demo- ment, space renovation, furniture, or supply under this paragraph) shall be obligated to lition or disposition under section 18 of the services as the Secretary determines shall be the public housing agencies based on the al- Act, the Secretary may provide section 8 derived from centralized sources made avail- location and pro rata method described rental assistance when the units pose an im- able by the Department to all offices and above, and the Secretary shall notify public minent health and safety risk to residents: agencies and funded through the Fund: Pro- housing agencies of their annual budget by Provided further, That the Secretary may vided, That of the amounts made available in the latter of 60 days after enactment of this only provide replacement vouchers for units this title for salaries and expenses under the Act or March 1, 2019: Provided further, That that were occupied within the previous 24 headings ‘‘Executive Offices’’, ‘‘Administra- the Secretary may extend the notification months that cease to be available as assisted tive Support Offices’’, ‘‘Program Office Sala- period with the prior written approval of the housing, subject only to the availability of ries and Expenses’’, and ‘‘Government Na- House and Senate Committees on Appropria- funds: Provided further, That of the amounts tional Mortgage Association’’, the Secretary tions: Provided further, That public housing made available under this paragraph, shall transfer to the Fund such amounts, to agencies participating in the MTW dem- $5,000,000 may be available to provide tenant remain available until expended, as are nec- onstration shall be funded pursuant to their protection assistance, not otherwise pro- essary to fund services, specified in the mat- MTW agreements and shall be subject to the vided under this paragraph, to residents re- ter preceding the first proviso, for which the same pro rata adjustments under the presiding in low vacancy areas and who may appropriation would otherwise have been vious provisos: Provided further, That the have to pay rents greater than 30 percent of available, and may transfer not to exceed an Secretary may offset public housing agen- household income, as the result of: (A) the additional $5,000,000, in aggregate, from all cies’ calendar year 2019 allocations based on maturity of a HUD-insured, HUD-held or sec- such appropriations, to be merged with the the excess amounts of public housing agen- tion 202 loan that requires the permission of Fund and to remain available until expended cies’ net restricted assets accounts, includ- the Secretary prior to loan prepayment; (B) for any purpose under this heading: Provided ing HUD-held programmatic reserves (in ac- the expiration of a rental assistance contract further, That amounts in the Fund shall be cordance with VMS data in calendar year for which the tenants are not eligible for en- the only amounts available to each office or 2018 that is verifiable and complete), as de- hanced voucher or tenant protection assist- agency of the Department for the services, or termined by the Secretary: Provided further, ance under existing law; or (C) the expiration portion of services, specified in the matter That public housing agencies participating of affordability restrictions accompanying a preceding the first proviso: Provided further, in the MTW demonstration shall also be sub- mortgage or preservation program adminis- That with respect to the Fund, the authori- ject to the offset, as determined by the Sec- tered by the Secretary: Provided further, ties and conditions under this heading shall retary, excluding amounts subject to the sin- That such tenant protection assistance made supplement the authorities and conditions gle fund budget authority provisions of their available under the previous proviso may be provided under section 7(f). MTW agreements, from the agencies’ cal- provided under the authority of section 8(t) endar year 2019 MTW funding allocation: Pro- or section 8(o)(13) of the United States Hous- PUBLIC AND INDIAN HOUSING vided further, That the Secretary shall use ing Act of 1937 (42 U.S.C. 1437f(t)): Provided TENANT-BASED RENTAL ASSISTANCE any offset referred to in the previous two further, That the Secretary shall issue guid- For activities and assistance for the provi- provisos throughout the calendar year to ance to implement the previous provisos, in- sion of tenant-based rental assistance au- prevent the termination of rental assistance cluding, but not limited to, requirements for thorized under the United States Housing for families as the result of insufficient fund- defining eligible at-risk households within 60 Act of 1937, as amended (42 U.S.C. 1437 et ing, as determined by the Secretary, and to days of the enactment of this Act: Provided seq.) (‘‘the Act’’ herein), not otherwise pro- avoid or reduce the proration of renewal further, That any tenant protection voucher vided for, $18,780,987,000, to remain available funding allocations: Provided further, That up made available from amounts under this until expended, shall be available on October to $100,000,000 shall be available only: (1) for paragraph shall not be reissued by any public 1, 2018 (in addition to the $4,000,000,000 pre- adjustments in the allocations for public housing agency, except the replacement viously appropriated under this heading that housing agencies, after application for an ad- vouchers as defined by the Secretary by no- shall be available on October 1, 2018), and justment by a public housing agency that ex- tice, when the initial family that received $4,000,000,000, to remain available until experienced a significant increase, as deter- any such voucher no longer receives such pended, shall be available on October 1, 2019: mined by the Secretary, in renewal costs of voucher, and the authority for any public Provided, That the amounts made available vouchers resulting from unforeseen cir- housing agency to issue any such voucher under this heading are provided as follows: cumstances or from portability under sec- shall cease to exist: Provided further, That (1) $20,520,000,000 shall be available for re- tion 8(r) of the Act; (2) for vouchers that the Secretary may provide section 8 rental newals of expiring section 8 tenant-based an- were not in use during the previous 12-month assistance from amounts made available nual contributions contracts (including re- period in order to be available to meet a under this paragraph for units assisted under newals of enhanced vouchers under any pro- commitment pursuant to section 8(o)(13) of a project-based subsidy contract funded vision of law authorizing such assistance the Act; (3) for adjustments for costs associ- under the ‘‘Project-Based Rental Assistance’’ under section 8(t) of the Act) and including ated with HUD-Veterans Affairs Supportive heading under this title where the owner has

VerDate Sep 11 2014 03:28 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JY6.020 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE S5192 CONGRESSIONAL RECORD — SENATE July 23, 2018 received a Notice of Default and the units amount shall be made available for renewal cy or agencies based on need for voucher as- pose an imminent health and safety risk to grants to recipients that received assistance sistance in connection with such program; residents: Provided further, That to the ex- under prior Acts under the Tribal HUD– and tent that the Secretary determines that such VASH program: Provided further, That the (8) the Secretary shall separately track all units are not feasible for continued rental Secretary shall be authorized to specify cri- special purpose vouchers funded under this assistance payments or transfer of the sub- teria for renewal grants, including data on heading. sidy contract associated with such units to the utilization of assistance reported by HOUSING CERTIFICATE FUND another project or projects and owner or grant recipients: Provided further, That such owners, any remaining amounts associated assistance shall be administered in accord- (INCLUDING RESCISSIONS) with such units under such contract shall be ance with program requirements under the Unobligated balances, including recaptures recaptured and used to reimburse amounts Native American Housing Assistance and and carryover, remaining from funds appro- used under this paragraph for rental assist- Self-Determination Act of 1996 and modeled priated to the Department of Housing and ance under the preceding proviso; after the HUD–VASH program: Provided fur- Urban Development under this heading, the (3) $1,956,987,000 shall be for administrative ther, That the Secretary shall be authorized heading ‘‘Annual Contributions for Assisted and other expenses of public housing agen- to waive, or specify alternative requirements Housing’’ and the heading ‘‘Project-Based cies in administering the section 8 tenant- for any provision of any statute or regula- Rental Assistance’’, for fiscal year 2019 and based rental assistance program, of which up tion that the Secretary administers in con- prior years may be used for renewal of or to $30,000,000 shall be available to the Sec- nection with the use of funds made available amendments to section 8 project-based con- retary to allocate to public housing agencies under this paragraph (except for require- tracts and for performance-based contract that need additional funds to administer ments related to fair housing, non- administrators, notwithstanding the pur- their section 8 programs, including fees asso- discrimination, labor standards, and the en- poses for which such funds were appro- ciated with section 8 tenant protection rent- vironment), upon a finding by the Secretary priated: Provided, That any obligated bal- al assistance, the administration of disaster that any such waivers or alternative require- ances of contract authority from fiscal year related vouchers, HUD-VASH vouchers, and ments are necessary for the effective deliv- 1974 and prior that have been terminated other special purpose incremental vouchers: ery and administration of such assistance: shall be rescinded: Provided further, That Provided, That no less than $1,926,987,000 of Provided further, That grant recipients shall amounts heretofore recaptured, or recap- the amount provided in this paragraph shall report to the Secretary on utilization of such tured during the current fiscal year, from be allocated to public housing agencies for rental assistance and other program data, as section 8 project-based contracts from source the calendar year 2019 funding cycle based on prescribed by the Secretary: Provided further, years fiscal year 1975 through fiscal year 1987 section 8(q) of the Act (and related Appro- That the Secretary may reallocate, as deter- are hereby rescinded, and an amount of addi- priation Act provisions) as in effect imme- mined by the Secretary, amounts returned tional new budget authority, equivalent to diately before the enactment of the Quality or recaptured from awards under prior acts; the amount rescinded is hereby appropriated, Housing and Work Responsibility Act of 1998 (6) $40,000,000 for incremental rental vouch- to remain available until expended, for the (Public Law 105–276): Provided further, That if er assistance for use through a supported purposes set forth under this heading, in ad- the amounts made available under this para- housing program administered in conjunc- dition to amounts otherwise available. graph are insufficient to pay the amounts de- tion with the Department of Veterans Af- PUBLIC HOUSING CAPITAL FUND termined under the previous proviso, the fairs as authorized under section 8(o)(19) of Secretary may decrease the amounts allo- the United States Housing Act of 1937: Pro- For the Public Housing Capital Fund Pro- cated to agencies by a uniform percentage vided, That the Secretary of Housing and gram to carry out capital and management applicable to all agencies receiving funding Urban Development shall make such funding activities for public housing agencies, as au- under this paragraph or may, to the extent available, notwithstanding section 203 (com- thorized under section 9 of the United States necessary to provide full payment of petition provision) of this title, to public Housing Act of 1937 (42 U.S.C. 1437g) (the amounts determined under the previous pro- housing agencies that partner with eligible ‘‘Act’’) $2,775,000,000, to remain available viso, utilize unobligated balances, including VA Medical Centers or other entities as des- until September 30, 2022: Provided, That not- recaptures and carryovers, remaining from ignated by the Secretary of the Department withstanding any other provision of law or funds appropriated to the Department of of Veterans Affairs, based on geographical regulation, during fiscal year 2019, the Sec- Housing and Urban Development under this need for such assistance as identified by the retary of Housing and Urban Development heading from prior fiscal years, excluding Secretary of the Department of Veterans Af- may not delegate to any Department official special purpose vouchers, notwithstanding fairs, public housing agency administrative other than the Deputy Secretary and the As- the purposes for which such amounts were performance, and other factors as specified sistant Secretary for Public and Indian appropriated: Provided further, That all pub- by the Secretary of Housing and Urban De- Housing any authority under paragraph (2) lic housing agencies participating in the velopment in consultation with the Sec- of section 9(j) regarding the extension of the MTW demonstration shall be funded pursu- retary of the Department of Veterans Af- time periods under such section: Provided ant to their MTW agreements, and shall be fairs: Provided further, That the Secretary of further, That for purposes of such section subject to the same uniform percentage de- Housing and Urban Development may waive, 9(j), the term ‘‘obligate’’ means, with respect crease as under the previous proviso: Pro- or specify alternative requirements for (in to amounts, that the amounts are subject to vided further, That amounts provided under consultation with the Secretary of the De- a binding agreement that will result in out- this paragraph shall be only for activities re- partment of Veterans Affairs), any provision lays, immediately or in the future: Provided lated to the provision of tenant-based rental of any statute or regulation that the Sec- further, That up to $14,000,000 shall be to sup- assistance authorized under section 8, in- retary of Housing and Urban Development port ongoing public housing financial and cluding related development activities; administers in connection with the use of physical assessment activities: Provided fur- (4) $154,000,000 for the renewal of tenant- funds made available under this paragraph ther, That up to $1,000,000 shall be to support based assistance contracts under section 811 (except for requirements related to fair hous- the costs of administrative and judicial re- of the Cranston-Gonzalez National Afford- ing, nondiscrimination, labor standards, and ceiverships: Provided further, That of the able Housing Act (42 U.S.C. 8013), including the environment), upon a finding by the Sec- total amount provided under this heading, necessary administrative expenses: Provided, retary that any such waivers or alternative not to exceed $25,000,000 shall be available for That administrative and other expenses of requirements are necessary for the effective the Secretary to make grants, notwith- public housing agencies in administering the delivery and administration of such voucher standing section 203 of this Act, to public special purpose vouchers in this paragraph assistance: Provided further, That assistance housing agencies for emergency capital shall be funded under the same terms and be made available under this paragraph shall needs including safety and security measures subject to the same pro rata reduction as the continue to remain available for homeless necessary to address crime and drug-related percent decrease for administrative and veterans upon turn-over; activity as well as needs resulting from un- other expenses to public housing agencies (7) $20,000,000 shall be made available for foreseen or unpreventable emergencies and under paragraph (3) of this heading: Provided new incremental voucher assistance through natural disasters excluding Presidentially further, That any amounts provided under the family unification program as authorized declared emergencies and natural disasters this paragraph in this Act or prior Acts, re- by section 8(x) of the Act: Provided, That the under the Robert T. Stafford Disaster Relief maining available after funding renewals and assistance made available under this para- and Emergency Act (42 U.S.C. 5121 et seq.) administrative expenses under this paragraph shall continue to remain available for occurring in fiscal year 2019: Provided further, graph, shall be available for incremental ten- family unification upon turnover: Provided That of the amount made available under ant-based assistance contracts under such further, That for any public housing agency the previous proviso, not less than $5,000,000 section 811, including necessary administra- administering voucher assistance appro- shall be for safety and security measures: tive expenses; priated in a prior Act under the family unifi- Provided further, That in addition to the (5) $5,000,000 shall be for rental assistance cation program that determines that it no amount in the previous proviso for such safe- and associated administrative fees for Tribal longer has an identified need for such assist- ty and security measures, any amounts that HUD–VASH to serve Native American vet- ance upon turnover, such agency shall notify remain available, after all applications re- erans that are homeless or at-risk of home- the Secretary, and the Secretary shall recap- ceived on or before September 30, 2020, for lessness living on or near a reservation or ture such assistance from the agency and re- emergency capital needs have been proc- other Indian areas: Provided, That such allocate it to any other public housing agen- essed, shall be allocated to public housing

VerDate Sep 11 2014 03:28 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JY6.020 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE July 23, 2018 CONGRESSIONAL RECORD — SENATE S5193 agencies for such safety and security meas- U.S.C. 1437g(e)), $4,756,000,000, to remain tors under section 23 of the United States ures: Provided further, That of the total available until September 30, 2020. Housing Act of 1937, to promote the develop- amount provided under this heading, up to CHOICE NEIGHBORHOODS INITIATIVE ment of local strategies to coordinate the $35,000,000 shall be for supportive services, For competitive grants under the Choice use of assistance under sections 8(o) and 9 of service coordinators and congregate services Neighborhoods Initiative (subject to section such Act with public and private resources, as authorized by section 34 of the Act (42 24 of the United States Housing Act of 1937 and enable eligible families to achieve eco- U.S.C. 1437z–6) and the Native American (42 U.S.C. 1437v), unless otherwise specified nomic independence and self-sufficiency, Housing Assistance and Self-Determination under this heading), for transformation, re- $80,000,000, to remain available until Sep- Act of 1996 (25 U.S.C. 4101 et seq.): Provided habilitation, and replacement housing needs tember 30, 2020: Provided, That the Secretary further, That of the total amount made avail- of both public and HUD-assisted housing and may, by Federal Register notice, waive or able under this heading, $15,000,000 shall be to transform neighborhoods of poverty into specify alternative requirements under sub- for a Jobs-Plus initiative modeled after the functioning, sustainable mixed income sections b(3), b(4), b(5), or c(1) of section 23 of Jobs-Plus demonstration: Provided further, neighborhoods with appropriate services, such Act in order to facilitate the operation That funding provided under the previous schools, public assets, transportation and ac- of a unified self-sufficiency program for indi- proviso shall be available for competitive cess to jobs, $100,000,000, to remain available viduals receiving assistance under different grants to partnerships between public hous- until September 30, 2021: Provided, That provisions of the Act, as determined by the ing authorities, local workforce investment grant funds may be used for resident and Secretary: Provided further, That owners of a boards established under section 107 of the community services, community develop- privately owned multifamily property with a Workforce Innovation and Opportunity Act ment, and affordable housing needs in the section 8 contract may voluntarily make a of 2014 (29 U.S.C. 3122), and other agencies community, and for conversion of vacant or Family Self-Sufficiency program available and organizations that provide support to foreclosed properties to affordable housing: to the assisted tenants of such property in help public housing residents obtain employ- Provided further, That the use of funds made accordance with procedures established by ment and increase earnings: Provided further, available under this heading shall not be the Secretary: Provided further, That such That applicants must demonstrate the abil- deemed to be public housing notwithstanding procedures established pursuant to the pre- ity to provide services to residents, partner section 3(b)(1) of such Act: Provided further, vious proviso shall permit participating ten- with workforce investment boards, and le- That grantees shall commit to an additional ants to accrue escrow funds in accordance verage service dollars: Provided further, That period of affordability determined by the with section 23(d)(2) and shall allow owners the Secretary may allow public housing Secretary of not fewer than 20 years: Pro- to use funding from residual receipt accounts agencies to request exemptions from rent vided further, That grantees shall provide a to hire coordinators for their own Family and income limitation requirements under match in State, local, other Federal or pri- Self-Sufficiency program. sections 3 and 6 of the United States Housing vate funds: Provided further, That grantees NATIVE AMERICAN HOUSING BLOCK GRANTS Act of 1937 (42 U.S.C. 1437a and 1437d), as nec- may include local governments, tribal enti- (INCLUDING TRANSFER OF FUNDS) essary to implement the Jobs-Plus program, ties, public housing authorities, and non- For the Native American Housing Block on such terms and conditions as the Sec- profits: Provided further, That for-profit de- Grants program, as authorized under title I retary may approve upon a finding by the velopers may apply jointly with a public en- of the Native American Housing Assistance Secretary that any such waivers or alter- tity: Provided further, That for purposes of and Self-Determination Act of 1996 native requirements are necessary for the ef- environmental review, a grantee shall be (NAHASDA) (25 U.S.C. 4111 et seq.), fective implementation of the Jobs-Plus ini- treated as a public housing agency under sec- $655,000,000, to remain available until Sep- tiative as a voluntary program for residents: tion 26 of the United States Housing Act of tember 30, 2023: Provided, That, notwith- Provided further, That the Secretary shall 1937 (42 U.S.C. 1437x), and grants under this standing NAHASDA, to determine the publish by notice in the Federal Register any heading shall be subject to the regulations amount of the allocation under title I of waivers or alternative requirements pursu- issued by the Secretary to implement such such Act for each Indian tribe, the Secretary ant to the preceding proviso no later than 10 section: Provided further, That of the amount shall apply the formula under section 302 of days before the effective date of such notice: provided, not less than $50,000,000 shall be such Act with the need component based on Provided further, That for funds provided awarded to public housing agencies: Provided single-race census data and with the need under this heading, the limitation in section further, That such grantees shall create part- component based on multi-race census data, 9(g)(1) of the Act shall be 25 percent: Provided nerships with other local organizations in- and the amount of the allocation for each In- further, That the Secretary may waive the cluding assisted housing owners, service dian tribe shall be the greater of the two re- limitation in the previous proviso to allow agencies, and resident organizations: Pro- sulting allocation amounts: Provided further, public housing agencies to fund activities vided further, That the Secretary shall con- That of the amounts made available under authorized under section 9(e)(1)(C) of the sult with the Secretaries of Education, this heading, $7,000,000 shall be for providing Act: Provided further, That the Secretary Labor, Transportation, Health and Human training and technical assistance to Indian shall notify public housing agencies request- Services, Agriculture, and Commerce, the housing authorities and tribally designated ing waivers under the previous proviso if the Attorney General, and the Administrator of housing entities, to support the inspection of request is approved or denied within 14 days the Environmental Protection Agency to co- Indian housing units, contract expertise, and of submitting the request: Provided further, ordinate and leverage other appropriate Fed- for training and technical assistance related That from the funds made available under eral resources: Provided further, That no to funding provided under this heading and this heading, the Secretary shall provide more than $5,000,000 of funds made available other headings under this Act for the needs bonus awards in fiscal year 2019 to public under this heading may be provided as of Native American families and Indian housing agencies that are designated high grants to undertake comprehensive local country: Provided further, That amounts performers: Provided further, That the De- planning with input from residents and the made available under the previous proviso partment shall notify public housing agen- community: Provided further, That unobli- may be used, contracted, or competed as de- cies of their formula allocation within 60 gated balances, including recaptures, re- termined by the Secretary: Provided further, days of enactment of this Act: Provided fur- maining from funds appropriated under the That of the amount provided under this ther, That of the total amount provided heading ‘‘Revitalization of Severely Dis- heading, $2,000,000 shall be made available for under this heading, $25,000,000 shall be avail- tressed Public Housing (HOPE VI)’’ in fiscal the cost of guaranteed notes and other obli- able for competitive grants to public housing year 2011 and prior fiscal years may be used gations, as authorized by title VI of agencies to evaluate and reduce lead-based for purposes under this heading, notwith- NAHASDA: Provided further, That such costs, paint hazards in public housing by carrying standing the purposes for which such including the costs of modifying such notes out the activities of risk assessments, abate- amounts were appropriated: Provided further, and other obligations, shall be as defined in ment, and interim controls (as those terms That the Secretary shall issue the Notice of section 502 of the Congressional Budget Act are defined in section 1004 of the Residential Funding Availability for funds made avail- of 1974, as amended: Provided further, That Lead-Based Paint Hazard Reduction Act of able under this heading no later than 60 days these funds are available to subsidize the 1992 (42 U.S.C. 4851b)): Provided further, That after enactment of this Act: Provided further, total principal amount of any notes and for purposes of environmental review, a That the Secretary shall make grant awards other obligations, any part of which is to be grant under the previous proviso shall be no later than one year from the date of en- guaranteed, not to exceed $17,761,989: Pro- considered funds for projects or activities actment of this Act in such amounts that vided further, That the Department will no- under title I of the United States Housing the Secretary determines: Provided further, tify grantees of their formula allocation Act of 1937 (42 U.S.C. 1437 et seq.) for pur- That notwithstanding section 24(o) of the within 60 days of the date of enactment of poses of section 26 of such Act (42 U.S.C. United States Housing Act of 1937 (42 U.S.C. this Act: Provided further, That for an addi- 1437x) and shall be subject to the regulations 1437v(o)), the Secretary may, until Sep- tional amount for the Native American implementing such section. tember 30, 2019, obligate any available unob- Housing Block Grants program, as author- PUBLIC HOUSING OPERATING FUND ligated balances made available under this ized under title I of NAHASDA, $100,000,000 For 2019 payments to public housing agen- heading in this, or any prior Act. to remain available until September 30, 2023: cies for the operation and management of FAMILY SELF-SUFFICIENCY Provided further, That the Secretary shall ob- public housing, as authorized by section 9(e) For the Family Self-Sufficiency program ligate this additional amount for competi- of the United States Housing Act of 1937 (42 to support family self-sufficiency coordina- tive grants to eligible recipients authorized

VerDate Sep 11 2014 03:28 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JY6.020 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE S5194 CONGRESSIONAL RECORD — SENATE July 23, 2018 under NAHASDA that apply for funds: Pro- Housing and Community Development Act of the second, third, and fourth capacity build- vided further, That in awarding this addi- 1974, as amended (‘‘the Act’’ herein) (42 ing activities authorized under section 4(a) tional amount, the Secretary shall consider U.S.C. 5301 et seq.): Provided further, That un- of the HUD Demonstration Act of 1993 (42 need and administrative capacity, and shall less explicitly provided for under this head- U.S.C. 9816 note), of which not less than give priority to projects that will spur con- ing, not to exceed 20 percent of any grant $5,000,000 shall be made available for rural struction and rehabilitation: Provided fur- made with funds appropriated under this capacity building activities: Provided further, ther, That up to 1 percent of this additional heading shall be expended for planning and That of the total amount provided under this amount may be transferred, in aggregate, to management development and administra- heading, $5,000,000 shall be made available for ‘‘Program Office Salaries and Expenses— tion: Provided further, That a metropolitan capacity building by national rural housing Public and Indian Housing’’ for necessary city, urban county, unit of general local gov- organizations with experience assessing na- costs of administering and overseeing the ob- ernment, Indian tribe, or insular area that tional rural conditions and providing financ- ligation and expenditure of this additional directly or indirectly receives funds under ing, training, technical assistance, informa- amount: Provided further, That any funds this heading may not sell, trade, or other- tion, and research to local nonprofits, local transferred pursuant to the previous proviso wise transfer all or any portion of such funds governments, and Indian Tribes serving high shall remain available until September 30, to another such entity in exchange for any need rural communities: Provided further, 2024. other funds, credits or non-Federal consider- That of the total amount provided under this INDIAN HOUSING LOAN GUARANTEE FUND ations, but must use such funds for activities heading, $4,000,000, shall be made available PROGRAM ACCOUNT eligible under title I of the Act: Provided fur- for a program to rehabilitate and modify the ther, That notwithstanding section 105(e)(1) homes of disabled or low-income veterans, as For the cost of guaranteed loans, as au- of the Act, no funds provided under this authorized under section 1079 of Public Law thorized by section 184 of the Housing and heading may be provided to a for-profit enti- 113–291: Provided further, That funds provided Community Development Act of 1992 (12 ty for an economic development project under the previous proviso shall be awarded U.S.C. 1715z–13a), $1,440,000, to remain avail- under section 105(a)(17) unless such project within 180 days of enactment of this Act: able until expended: Provided, That such has been evaluated and selected in accord- Provided further, That funds provided for costs, including the costs of modifying such ance with guidelines required under sub- such program in fiscal years 2016, 2017, and loans, shall be as defined in section 502 of the section (e)(2): Provided further, That the De- 2018 shall be awarded within 60 days of enact- Congressional Budget Act of 1974: Provided partment shall notify grantees of their for- ment of this Act. further, That these funds are available to mula allocation within 60 days of enactment subsidize total loan principal, any part of HOMELESS ASSISTANCE GRANTS of this Act: Provided further, That of the which is to be guaranteed, up to $553,846,154, For the Emergency Solutions Grants pro- total amount provided under this heading, to remain available until expended: Provided gram as authorized under subtitle B of title $65,000,000 shall be for grants to Indian tribes further, That up to $750,000 of this amount IV of the McKinney-Vento Homeless Assist- notwithstanding section 106(a)(1) of such may be for administrative contract expenses ance Act, as amended; the Continuum of Act, of which, notwithstanding any other including management processes and sys- Care program as authorized under subtitle C provision of law (including section 203 of this tems to carry out the loan guarantee proof title IV of such Act; and the Rural Hous- Act), up to $4,000,000 may be used for emer- gram. ing Stability Assistance program as author- gencies that constitute imminent threats to ized under subtitle D of title IV of such Act, NATIVE HAWAIIAN HOUSING BLOCK GRANT health and safety. $2,612,000,000, to remain available until Sep- For the Native Hawaiian Housing Block COMMUNITY DEVELOPMENT LOAN GUARANTEES tember 30, 2021: Provided, That any rental as- Grant program, as authorized under title PROGRAM ACCOUNT sistance amounts that are recaptured under VIII of the Native American Housing Assist- Subject to section 502 of the Congressional such Continuum of Care program shall re- ance and Self-Determination Act of 1996 (25 Budget Act of 1974, during fiscal year 2019, main available until expended: Provided fur- U.S.C. 4111 et seq.), $2,000,000, to remain commitments to guarantee loans under sec- ther, That not less than $270,000,000 of the available until September 30, 2023: Provided, tion 108 of the Housing and Community De- funds appropriated under this heading shall That notwithstanding section 812(b) of such velopment Act of 1974 (42 U.S.C. 5308), any be available for such Emergency Solutions Act, the Department of Hawaiian Home part of which is guaranteed, shall not exceed Grants program: Provided further, That not Lands may not invest grant amounts pro- a total principal amount of $300,000,000, not- less than $2,205,000,000 of the funds appro- vided under this heading in investment secu- withstanding any aggregate limitation on priated under this heading shall be available rities and other obligations: Provided further, outstanding obligations guaranteed in sub- for such Continuum of Care and Rural Hous- That amounts made available under this section (k) of such section 108: Provided, That ing Stability Assistance programs: Provided heading in this and prior fiscal years may be the Secretary shall collect fees from bor- further, That of the amounts made available used to provide rental assistance to eligible rowers, notwithstanding subsection (m) of under this heading, up to $50,000,000 shall be Native Hawaiian families both on and off the such section 108, to result in a credit subsidy made available for grants for rapid re-hous- Hawaiian Home Lands, notwithstanding any cost of zero for guaranteeing such loans, and ing projects and supportive service projects other provision of law. any such fees shall be collected in accord- providing coordinated entry, and for eligible COMMUNITY PLANNING AND DEVELOPMENT ance with section 502(7) of the Congressional activities the Secretary determines to be HOUSING OPPORTUNITIES FOR PERSONS WITH Budget Act of 1974. critical in order to assist survivors of domes- AIDS HOME INVESTMENT PARTNERSHIPS PROGRAM tic violence, dating violence, and stalking: Provided further, That such projects shall be For carrying out the Housing Opportuni- For the HOME Investment Partnerships eligible for renewal under the continuum of ties for Persons with AIDS program, as au- program, as authorized under title II of the care program subject to the same terms and thorized by the AIDS Housing Opportunity Cranston-Gonzalez National Affordable conditions as other renewal applicants: Pro- Act (42 U.S.C. 12901 et seq.), $375,000,000, to Housing Act, as amended, $1,362,000,000, to re- vided further, That up to $7,000,000 of the remain available until September 30, 2020, main available until September 30, 2022: Pro- funds appropriated under this heading shall except that amounts allocated pursuant to vided, That notwithstanding the amount be available for the national homeless data section 854(c)(5) of such Act shall remain made available under this heading, the analysis project: Provided further, That all available until September 30, 2021: Provided, threshold reduction requirements in sections funds awarded for supportive services under That the Secretary shall renew all expiring 216(10) and 217(b)(4) of such Act shall not the Continuum of Care program and the contracts for permanent supportive housing apply to allocations of such amount: Pro- Rural Housing Stability Assistance program that initially were funded under section vided further, That the Department shall no- shall be matched by not less than 25 percent 854(c)(5) of such Act from funds made avail- tify grantees of their formula allocation in cash or in kind by each grantee: Provided able under this heading in fiscal year 2010 within 60 days of enactment of this Act. further, That for all match requirements ap- and prior fiscal years that meet all program SELF-HELP AND ASSISTED HOMEOWNERSHIP plicable to funds made available under this requirements before awarding funds for new OPPORTUNITY PROGRAM heading for this fiscal year and prior fiscal contracts under such section: Provided fur- For the Self-Help and Assisted Homeown- years, a grantee may use (or could have ther, That the Department shall notify ership Opportunity Program, as authorized used) as a source of match funds other funds grantees of their formula allocation within under section 11 of the Housing Opportunity administered by the Secretary and other 60 days of enactment of this Act. Program Extension Act of 1996, as amended, Federal agencies unless there is (or was) a COMMUNITY DEVELOPMENT FUND $54,000,000, to remain available until Sep- specific statutory prohibition on any such For assistance to units of State and local tember 30, 2021: Provided, That of the total use of any such funds: Provided further, That government, and to other entities, for eco- amount provided under this heading, the Secretary shall collect system perform- nomic and community development activi- $10,000,000 shall be made available to the ance measures for each continuum of care, ties, and for other purposes, $3,365,000,000, to Self-Help Homeownership Opportunity Pro- and that relative to fiscal year 2015, under remain available until September 30, 2021, gram as authorized under section 11 of the the Continuum of Care competition with re- unless otherwise specified: Provided, That of Housing Opportunity Program Extension Act spect to funds made available under this the total amount provided, $3,300,000,000 is of 1996, as amended: Provided further, That of heading, the Secretary shall base an increas- for carrying out the community development the total amount provided under this heading share of the score on performance cri- block grant program under title I of the ing, $35,000,000 shall be made available for teria: Provided further, That none of the

VerDate Sep 11 2014 03:28 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JY6.020 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE July 23, 2018 CONGRESSIONAL RECORD — SENATE S5195 funds provided under this heading shall be project-based subsidy contracts (including until September 30, 2022: Provided, That of available to provide funding for new section 8 moderate rehabilitation contracts), the amount provided under this heading, up projects, except for projects created through for amendments to section 8 project-based to $90,000,000 shall be for service coordinators reallocation, unless the Secretary deter- subsidy contracts (including section 8 mod- and the continuation of existing congregate mines that the continuum of care has dem- erate rehabilitation contracts), for contracts service grants for residents of assisted hous- onstrated that projects are evaluated and entered into pursuant to section 441 of the ing projects: Provided further, That amounts ranked based on the degree to which they McKinney-Vento Homeless Assistance Act under this heading shall be available for Real improve the continuum of care’s system per- (42 U.S.C. 11401), for renewal of section 8 con- Estate Assessment Center inspections and formance: Provided further, That the Sec- tracts for units in projects that are subject inspection-related activities associated with retary shall prioritize funding under the to approved plans of action under the Emer- section 202 projects: Provided further, That Continuum of Care program to continuums gency Low Income Housing Preservation Act the Secretary may waive the provisions of of care that have demonstrated a capacity to of 1987 or the Low-Income Housing Preserva- section 202 governing the terms and condi- reallocate funding from lower performing tion and Resident Homeownership Act of tions of project rental assistance, except projects to higher performing projects: Pro- 1990, and for administrative and other ex- that the initial contract term for such as- vided further, That all awards of assistance penses associated with project-based activi- sistance shall not exceed 5 years in duration: under this heading shall be required to co- ties and assistance funded under this para- Provided further, That upon request of the ordinate and integrate homeless programs graph: Provided further, That of the total Secretary, project funds which are held in re- with other mainstream health, social serv- amounts provided under this heading, not to sidual receipts accounts for any project sub- ices, and employment programs for which exceed $245,000,000 shall be available for per- ject to a section 202 project rental assistance homeless populations may be eligible: Pro- formance-based contract administrators for contract and, upon termination of such con- vided further, That any unobligated amounts section 8 project-based assistance, for car- tract, are in excess of an amount to be deter- remaining from funds appropriated under rying out 42 U.S.C. 1437(f): Provided further, mined by the Secretary shall be remitted to this heading in fiscal year 2012 and prior That the Secretary may also use such the Department and deposited in this ac- years for project-based rental assistance for amounts in the previous proviso for perform- count, to remain available until September rehabilitation projects with 10-year grant ance-based contract administrators for the 30, 2022: Provided further, That amounts de- terms may be used for purposes under this administration of: interest reduction pay- posited in this account pursuant to the pre- heading, notwithstanding the purposes for ments pursuant to section 236(a) of the Na- vious proviso shall be available, in addition which such funds were appropriated: Provided tional Housing Act (12 U.S.C. 1715z–1(a)); rent to the amounts otherwise provided by this further, That all balances for Shelter Plus supplement payments pursuant to section heading, for amendments and renewals: Pro- Care renewals previously funded from the 101 of the Housing and Urban Development vided further, That unobligated balances, in- Shelter Plus Care Renewal account and Act of 1965 (12 U.S.C. 1701s); section 236(f)(2) cluding recaptures and carryover, remaining transferred to this account shall be avail- rental assistance payments (12 U.S.C. 1715z– from funds transferred to or appropriated able, if recaptured, for Continuum of Care re- 1(f)(2)); project rental assistance contracts under this heading shall be available for newals in fiscal year 2019: Provided further, for the elderly under section 202(c)(2) of the amendments and renewals notwithstanding That the Department shall notify grantees of Housing Act of 1959 (12 U.S.C. 1701q); project the purposes for which such funds originally their formula allocation from amounts allo- rental assistance contracts for supportive were appropriated: Provided further, That of cated (which may represent initial or final housing for persons with disabilities under the total amount provided under this head- amounts allocated) for the Emergency Solu- section 811(d)(2) of the Cranston-Gonzalez ing, $10,000,000, shall be for a program to be tions Grant program within 60 days of enact- National Affordable Housing Act (42 U.S.C. established by the Secretary to make grants ment of this Act: Provided further, That up to 8013(d)(2)); project assistance contracts pur- to experienced non-profit organizations, $80,000,000 of the funds appropriated under suant to section 202(h) of the Housing Act of States, local governments, or public housing this heading shall be to implement projects 1959 (Public Law 86–372; 73 Stat. 667); and agencies for safety and functional home to demonstrate how a comprehensive ap- loans under section 202 of the Housing Act of modification repairs to meet the needs of proach to serving homeless youth, age 24 and 1959 (Public Law 86–372; 73 Stat. 667): Provided low-income elderly persons to enable them under, in up to 25 communities, including at further, That amounts recaptured under this to remain in their primary residence: Pro- least five communities with substantial heading, the heading ‘‘Annual Contributions vided further, That of the total amount made rural populations, can dramatically reduce for Assisted Housing’’, or the heading ‘‘Hous- available under the previous proviso, no less youth homelessness: Provided further, That of ing Certificate Fund’’, may be used for re- than $5,000,000 shall be available to meet the amount made available under the pre- newals of or amendments to section 8 such needs in communities with substantial vious proviso, up to $5,000,000 shall be avail- project-based contracts or for performance- rural populations. able to provide technical assistance on youth based contract administrators, notwith- HOUSING FOR PERSONS WITH DISABILITIES homelessness, and collection, analysis, and standing the purposes for which such For amendments to capital advance con- reporting of data and performance measures amounts were appropriated: Provided further, tracts, for supportive housing for persons under the comprehensive approaches to serve That, notwithstanding any other provision with disabilities, as authorized by section 811 homeless youth, in addition to and in coordi- of law, upon the request of the Secretary, of the Cranston-Gonzalez National Afford- nation with other technical assistance funds project funds that are held in residual re- able Housing Act (42 U.S.C. 8013), as amend- provided under this title: Provided further, ceipts accounts for any project subject to a ed, for project rental assistance for sup- That such projects shall be eligible for re- section 8 project-based Housing Assistance portive housing for persons with disabilities newal under the continuum of care program Payments contract that authorizes HUD or a under section 811(d)(2) of such Act, for subject to the same terms and conditions as Housing Finance Agency to require that sur- project assistance contracts pursuant to sec- other renewal applicants: Provided further, plus project funds be deposited in an inter- tion 202(h) of the Housing Act of 1959 (Public That youth aged 24 and under seeking assist- est-bearing residual receipts account and Law 86–372; 73 Stat. 667), including amend- ance under this heading shall not be required that are in excess of an amount to be deter- ments to contracts for such assistance and to provide third party documentation to es- mined by the Secretary, shall be remitted to renewal of expiring contracts for such assist- tablish their eligibility under 42 U.S.C. the Department and deposited in this ac- ance for up to a 1–year term, for project 11302(a) or (b) to receive services: Provided count, to be available until expended: Pro- rental assistance to State housing finance further, That unaccompanied youth aged 24 vided further, That amounts deposited pursu- agencies and other appropriate entities as and under or families headed by youth aged ant to the previous proviso shall be available authorized under section 811(b)(3) of the 24 and under who are living in unsafe situa- in addition to the amount otherwise pro- Cranston-Gonzalez National Housing Act, tions may be served by youth-serving provided by this heading for uses authorized and for supportive services associated with viders funded under this heading. under this heading. the housing for persons with disabilities as HOUSING PROGRAMS HOUSING FOR THE ELDERLY authorized by section 811(b)(1) of such Act, PROJECT-BASED RENTAL ASSISTANCE For capital advances, including amend- $154,000,000, to remain available until Sep- For activities and assistance for the provi- ments to capital advance contracts, for hous- tember 30, 2022: Provided, That amounts sion of project-based subsidy contracts under ing for the elderly, as authorized by section made available under this heading shall be the United States Housing Act of 1937 (42 202 of the Housing Act of 1959, as amended, available for Real Estate Assessment Center U.S.C. 1437 et seq.) (‘‘the Act’’), not other- for project rental assistance for the elderly inspections and inspection-related activities wise provided for, $11,347,000,000, to remain under section 202(c)(2) of such Act, including associated with section 811 projects: Provided available until expended, shall be available amendments to contracts for such assistance further, That, upon the request of the Sec- on October 1, 2018 (in addition to the and renewal of expiring contracts for such retary, project funds which are held in resid- $400,000,000 previously appropriated under assistance for up to a 1-year term, for senior ual receipts accounts for any project subject this heading that became available October preservation rental assistance contracts, in- to a section 811 project rental assistance con- 1, 2018), and $400,000,000, to remain available cluding renewals, as authorized by section tract and, upon termination of such con- until expended, shall be available on October 811(e) of the American Housing and Eco- tract, are in excess of an amount to be deter- 1, 2019: Provided, That the amounts made nomic Opportunity Act of 2000, as amended, mined by the Secretary shall be remitted to available under this heading shall be avail- and for supportive services associated with the Department and deposited in this ac- able for expiring or terminating section 8 the housing, $678,000,000, to remain available count, to remain available until September

VerDate Sep 11 2014 03:28 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JY6.020 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE S5196 CONGRESSIONAL RECORD — SENATE July 23, 2018 30, 2022: Provided further, That amounts de- ited into the Fund, and the Secretary, as remain available until September 30, 2020: posited in this account pursuant to the pre- provided herein, may use such collections, as Provided, That $27,000,000 shall be available vious proviso shall be available in addition well as fees collected under section 620 of for necessary salaries and expenses of the Of- to the amounts otherwise provided by this such Act, for necessary expenses of such Act: fice of Government National Mortgage Asso- heading for amendments and renewals: Pro- Provided further, That, notwithstanding the ciation: Provided further, That to the extent vided further, That unobligated balances, in- requirements of section 620 of such Act, the that guaranteed loan commitments exceed cluding recaptures and carryover, remaining Secretary may carry out responsibilities of $155,000,000,000 on or before April 1, 2019, an from funds transferred to or appropriated the Secretary under such Act through the additional $100 for necessary salaries and ex- under this heading shall be used for amend- use of approved service providers that are penses shall be available until expended for ments and renewals notwithstanding the paid directly by the recipients of their serv- each $1,000,000 in additional guaranteed loan purposes for which such funds originally ices. commitments (including a pro rata amount were appropriated. FEDERAL HOUSING ADMINISTRATION for any amount below $1,000,000), but in no HOUSING COUNSELING ASSISTANCE MUTUAL MORTGAGE INSURANCE PROGRAM case shall funds made available by this pro- For contracts, grants, and other assistance ACCOUNT viso exceed $3,000,000: Provided further, That receipts from Commitment and Multiclass excluding loans, as authorized under section New commitments to guarantee single fees collected pursuant to title III of the Na- 106 of the Housing and Urban Development family loans insured under the Mutual Mort- tional Housing Act, as amended, shall be Act of 1968, as amended, $45,000,000, to remain gage Insurance Fund shall not exceed credited as offsetting collections to this ac- available until September 30, 2020, including $400,000,000,000, to remain available until count. up to $4,500,000 for administrative contract September 30, 2020: Provided, That during fis- services: Provided, That grants made avail- cal year 2019, obligations to make direct POLICY DEVELOPMENT AND RESEARCH able from amounts provided under this head- loans to carry out the purposes of section RESEARCH AND TECHNOLOGY ing shall be awarded within 180 days of en- 204(g) of the National Housing Act, as For contracts, grants, and necessary ex- actment of this Act: Provided further, That amended, shall not exceed $1,000,000: Provided penses of programs of research and studies funds shall be used for providing counseling further, That the foregoing amount in the relating to housing and urban problems, not and advice to tenants and homeowners, both previous proviso shall be for loans to non- otherwise provided for, as authorized by title current and prospective, with respect to profit and governmental entities in connec- V of the Housing and Urban Development property maintenance, financial manage- tion with sales of single family real prop- Act of 1970 (12 U.S.C. 1701z–1 et seq.), includ- ment or literacy, and such other matters as erties owned by the Secretary and formerly ing carrying out the functions of the Sec- may be appropriate to assist them in improv- insured under the Mutual Mortgage Insur- retary of Housing and Urban Development ing their housing conditions, meeting their ance Fund: Provided further, That for admin- under section 1(a)(1)(i) of Reorganization financial needs, and fulfilling the respon- istrative contract expenses of the Federal Plan No. 2 of 1968, and for technical assist- sibilities of tenancy or homeownership; for Housing Administration, $130,000,000, to re- ance, $100,000,000, to remain available until program administration; and for housing main available until September 30, 2020: Pro- September 30, 2020: Provided, That with re- counselor training: Provided further, That for vided further, That to the extent guaranteed spect to amounts made available under this purposes of providing such grants from loan commitments exceed $200,000,000,000 on heading, notwithstanding section 203 of this amounts provided under this heading, the or before April 1, 2019, an additional $1,400 for title, the Secretary may enter into coopera- Secretary may enter into multiyear agree- administrative contract expenses shall be tive agreements with philanthropic entities, ments, as appropriate, subject to the avail- available for each $1,000,000 in additional other Federal agencies, State or local gov- ability of annual appropriations. guaranteed loan commitments (including a ernments and their agencies, or colleges or RENTAL HOUSING ASSISTANCE pro rata amount for any amount below universities for research projects: Provided For amendments to contracts under sec- $1,000,000), but in no case shall funds made further, That with respect to the previous tion 101 of the Housing and Urban Develop- available by this proviso exceed $30,000,000: proviso, such partners to the cooperative ment Act of 1965 (12 U.S.C. 1701s) and section Provided further, That notwithstanding the agreements must contribute at least a 50 236(f)(2) of the National Housing Act (12 limitation in the first sentence of section percent match toward the cost of the U.S.C. 1715z–1) in State-aided, noninsured 255(g) of the National Housing Act (12 U.S.C. project: Provided further, That for non-com- rental housing projects, $5,000,000, to remain 1715z-20(g)), during fiscal year 2019 the Sec- petitive agreements entered into in accord- available until expended: Provided, That such retary may insure and enter into new com- ance with the previous two provisos, the Sec- amount, together with unobligated balances mitments to insure mortgages under section retary of Housing and Urban Development from recaptured amounts appropriated prior 255 of the National Housing Act only to the shall comply with section 2(b) of the Federal to fiscal year 2006 from terminated contracts extent that the net credit subsidy cost for Funding Accountability and Transparency under such sections of law, and any unobli- such insurance does not exceed zero: Provided Act of 2006 (Public Law 109–282, 31 U.S.C. gated balances, including recaptures and car- further, That for fiscal year 2019, the Sec- note) in lieu of compliance with section ryover, remaining from funds appropriated retary shall not take any action against a 102(a)(4)(C) with respect to documentation of under this heading after fiscal year 2005, lender solely on the basis of compare ratios award decisions: Provided further, That prior shall also be available for extensions of up to that have been adversely affected by defaults to obligation of technical assistance funding, one year for expiring contracts under such on mortgages secured by properties in areas the Secretary shall submit a plan, for ap- sections of law. where a major disaster was declared in 2017 proval, to the House and Senate Committees or 2018 pursuant to the Robert T. Stafford on Appropriations on how it will allocate PAYMENT TO MANUFACTURED HOUSING FEES Disaster Relief and Emergency Assistance funding for this activity: Provided further, TRUST FUND Act (42 U.S.C. 5121 et seq.). That none of the funds provided under this For necessary expenses as authorized by GENERAL AND SPECIAL RISK PROGRAM ACCOUNT heading may be available for the doctoral the National Manufactured Housing Con- New commitments to guarantee loans in- dissertation research grant program. struction and Safety Standards Act of 1974 sured under the General and Special Risk In- (42 U.S.C. 5401 et seq.), up to $12,000,000, to re- FAIR HOUSING AND EQUAL OPPORTUNITY surance Funds, as authorized by sections 238 main available until expended, of which FAIR HOUSING ACTIVITIES and 519 of the National Housing Act (12 $12,000,000 is to be derived from the Manufac- For contracts, grants, and other assist- U.S.C. 1715z–3 and 1735c), shall not exceed tured Housing Fees Trust Fund: Provided, ance, not otherwise provided for, as author- $30,000,000,000 in total loan principal, any That not to exceed the total amount appro- ized by title VIII of the Civil Rights Act of part of which is to be guaranteed, to remain priated under this heading shall be available 1968, as amended by the Fair Housing available until September 30, 2020: Provided, from the general fund of the Treasury to the Amendments Act of 1988, and section 561 of That during fiscal year 2019, gross obliga- extent necessary to incur obligations and the Housing and Community Development tions for the principal amount of direct make expenditures pending the receipt of Act of 1987, as amended, $65,300,000, to remain loans, as authorized by sections 204(g), 207(l), collections to the Fund pursuant to section available until September 30, 2020: Provided, 238, and 519(a) of the National Housing Act, 620 of such Act: Provided further, That the That notwithstanding 31 U.S.C. 3302, the Sec- shall not exceed $1,000,000, which shall be for amount made available under this heading retary may assess and collect fees to cover loans to nonprofit and governmental entities from the general fund shall be reduced as the costs of the Fair Housing Training Acad- in connection with the sale of single family such collections are received during fiscal emy, and may use such funds to provide such real properties owned by the Secretary and year 2019 so as to result in a final fiscal year training: Provided further, That no funds formerly insured under such Act. 2019 appropriation from the general fund es- made available under this heading shall be timated at zero, and fees pursuant to section GOVERNMENT NATIONAL MORTGAGE used to lobby the executive or legislative 620 of such Act shall be modified as nec- ASSOCIATION branches of the Federal Government in con- essary to ensure such a final fiscal year 2019 GUARANTEES OF MORTGAGE-BACKED SECURITIES nection with a specific contract, grant, or appropriation: Provided further, That for the LOAN GUARANTEE PROGRAM ACCOUNT loan: Provided further, That of the funds dispute resolution and installation pro- New commitments to issue guarantees to made available under this heading, $300,000 grams, the Secretary may assess and collect carry out the purposes of section 306 of the shall be available to the Secretary of Hous- fees from any program participant: Provided National Housing Act, as amended (12 U.S.C. ing and Urban Development for the creation further, That such collections shall be depos- 1721(g)), shall not exceed $550,000,000,000, to and promotion of translated materials and

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SEC. 203. Except as explicitly provided in LEAD HAZARD REDUCTION For the development, modernization, and law, any grant, cooperative agreement or enhancement of, modifications to, and infra- For the Lead Hazard Reduction Program, other assistance made pursuant to title II of as authorized by section 1011 of the Residen- structure for Department-wide and program- this Act shall be made on a competitive basis tial Lead-Based Paint Hazard Reduction Act specific information technology systems, for and in accordance with section 102 of the De- of 1992, $260,000,000, to remain available until the continuing operation and maintenance of partment of Housing and Urban Development September 30, 2020, of which $45,000,000 shall both Department-wide and program-specific Reform Act of 1989 (42 U.S.C. 3545). be for the Healthy Homes Initiative, pursu- information systems, and for program-re- SEC. 204. Funds of the Department of Hous- ant to sections 501 and 502 of the Housing and lated maintenance activities, $280,000,000, of ing and Urban Development subject to the Urban Development Act of 1970, which shall which $260,000,000 shall remain available Government Corporation Control Act or sec- include research, studies, testing, and dem- until September 30, 2020, and of which tion 402 of the Housing Act of 1950 shall be onstration efforts, including education and $20,000,000 shall remain available until Sep- available, without regard to the limitations outreach concerning lead-based paint poi- tember 30, 2021: Provided, That any amounts on administrative expenses, for legal serv- soning and other housing-related diseases transferred to this Fund under this Act shall ices on a contract or fee basis, and for uti- and hazards: Provided, That for purposes of remain available until expended: Provided lizing and making payment for services and environmental review, pursuant to the Na- further, That any amounts transferred to facilities of the Federal National Mortgage tional Environmental Policy Act of 1969 (42 this Fund from amounts appropriated by pre- Association, Government National Mortgage U.S.C. 4321 et seq.) and other provisions of viously enacted appropriations Acts may be Association, Federal Home Loan Mortgage law that further the purposes of such Act, a used for the purposes specified under this Corporation, Federal Financing Bank, Fed- grant under the Healthy Homes Initiative, or Fund, in addition to any other information eral Reserve banks or any member thereof, the Lead Technical Studies program under technology purposes for which such amounts Federal Home Loan banks, and any insured this heading or under prior appropriations were appropriated: Provided further, That not bank within the meaning of the Federal De- Acts for such purposes under this heading, more than 10 percent of the funds made posit Insurance Corporation Act, as amended shall be considered to be funds for a special available under this heading for develop- (12 U.S.C. 1811–1). project for purposes of section 305(c) of the ment, modernization and enhancement may SEC. 205. Unless otherwise provided for in Multifamily Housing Property Disposition be obligated until the Secretary submits to this Act or through a reprogramming of Reform Act of 1994: Provided further, That the House and Senate Committees on Appro- funds, no part of any appropriation for the not less than $95,000,000 of the amounts made priations, for approval, a plan for expendi- Department of Housing and Urban Develop- available under this heading for the award of ture that—(A) identifies for each moderniza- ment shall be available for any program, grants pursuant to section 1011 of the Resi- tion project: (i) the functional and perform- project or activity in excess of amounts set dential Lead-Based Paint Hazard Reduction ance capabilities to be delivered and the mis- forth in the budget estimates submitted to Act of 1992 shall be provided to areas with sion benefits to be realized, (ii) the esti- Congress. the highest lead-based paint abatement mated life-cycle cost, and (iii) key mile- SEC. 206. Corporations and agencies of the needs: Provided further, That $45,000,000 of the stones to be met; and (B) demonstrates that Department of Housing and Urban Develop- funds appropriated under this heading shall each modernization project is: (i) compliant ment which are subject to the Government be for the implementation of projects to with the Department’s enterprise architec- Corporation Control Act are hereby author- demonstrate how intensive, extended multi- ture, (ii) being managed in accordance with ized to make such expenditures, within the year interventions can dramatically reduce applicable life-cycle management policies limits of funds and borrowing authority the presence of lead-based paint hazards in and guidance, (iii) subject to the Depart- available to each such corporation or agency communities containing high concentrations ment’s capital planning and investment con- and in accordance with law, and to make of both pre-1940 housing and low-income fam- trol requirements, and (iv) supported by an such contracts and commitments without re- ilies by achieving economies of scale that adequately staffed project office. gard to fiscal year limitations as provided by section 104 of such Act as may be necessary substantially reduce the cost of lead-based OFFICE OF INSPECTOR GENERAL paint remediation activities and administra- in carrying out the programs set forth in the For necessary salaries and expenses of the budget for 2019 for such corporation or agen- tive costs for grantees: Provided further, That Office of Inspector General in carrying out such projects in each of five communities cy except as hereinafter provided: Provided, the Inspector General Act of 1978, as amend- That collections of these corporations and shall be for five years and serve no more ed, $128,082,000: Provided, That the Inspector than four contiguous census tracts in which agencies may be used for new loan or mort- General shall have independent authority gage purchase commitments only to the ex- there are high concentrations of housing over all personnel issues within this office. stock built before 1940, in which low-income tent expressly provided for in this Act (un- GENERAL PROVISIONS—DEPARTMENT OF families with children make up a signifi- less such loans are in support of other forms HOUSING AND URBAN DEVELOPMENT cantly higher proportion of the population as of assistance provided for in this or prior ap- compared to the State average, and that are (INCLUDING TRANSFER OF FUNDS) propriations Acts), except that this proviso located in jurisdictions in which instances of (INCLUDING RESCISSION) shall not apply to the mortgage insurance or guaranty operations of these corporations, elevated blood lead levels reported to the SEC. 201. Fifty percent of the amounts of or where loans or mortgage purchases are State are significantly higher than the State budget authority, or in lieu thereof 50 per- necessary to protect the financial interest of average: Provided further, That funding cent of the cash amounts associated with the United States Government. awarded for such projects shall be made such budget authority, that are recaptured SEC. 207. The Secretary of Housing and available for draw down contingent upon the from projects described in section 1012(a) of Urban Development shall provide quarterly grantee meeting cost-savings, productivity, the Stewart B. McKinney Homeless Assist- reports to the House and Senate Committees and grant compliance benchmarks estab- ance Amendments Act of 1988 (42 U.S.C. 1437f on Appropriations regarding all uncommit- lished by the Secretary: Provided further, note) shall be rescinded or in the case of ted, unobligated, recaptured and excess funds That each recipent of funds for such projects cash, shall be remitted to the Treasury, and in each program and activity within the ju- shall contribute an amount not less than 10 such amounts of budget authority or cash re- risdiction of the Department and shall sub- percent of the total award, and that the Sec- captured and not rescinded or remitted to mit additional, updated budget information retary shall give priority to applicants that the Treasury shall be used by State housing to these Committees upon request. secure commitments for additional contribu- finance agencies or local governments or SEC. 208. The President’s formal budget re- tions from public and private sources: Pro- local housing agencies with projects ap- quest for fiscal year 2020, as well as the De- vided further, That grantees currently receiv- proved by the Secretary of Housing and partment of Housing and Urban Develop- ing grants made under this heading shall be Urban Development for which settlement oc- ment’s congressional budget justifications to eligible to apply for such projects, provided curred after January 1, 1992, in accordance be submitted to the Committees on Appro- that they are deemed to be in compliance with such section. Notwithstanding the pre- priations of the House of Representatives with program requirements established by vious sentence, the Secretary may award up and the Senate, shall use the identical ac- the Secretary: Provided further, That each to 15 percent of the budget authority or cash count and sub-account structure provided applicant shall certify adequate capacity recaptured and not rescinded or remitted to under this Act. that is acceptable to the Secretary to carry the Treasury to provide project owners with SEC. 209. No funds provided under this title out the proposed use of funds pursuant to a incentives to refinance their project at a may be used for an audit of the Government notice of funding availability: Provided fur- lower interest rate. National Mortgage Association that makes ther, That amounts made available under SEC. 202. None of the amounts made avail- applicable requirements under the Federal this heading in this or prior appropriations able under this Act may be used during fiscal Credit Reform Act of 1990 (2 U.S.C. 661 et Acts, still remaining available, may be used year 2019 to investigate or prosecute under seq.).

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SEC. 210. (a) Notwithstanding any other FHA-insured mortgage, except to the extent (5) does not have a dependent child; provision of law, subject to the conditions that appropriations are provided in advance (6) is not a person with disabilities, as such listed under this section, for fiscal years 2019 for the amount of any such increased cost. term is defined in section 3(b)(3)(E) of the and 2020, the Secretary of Housing and Urban (d) For purposes of this section— United States Housing Act of 1937 (42 U.S.C. Development may authorize the transfer of (1) the terms ‘‘low-income’’ and ‘‘very low- 1437a(b)(3)(E)) and was not receiving assist- some or all project-based assistance, debt income’’ shall have the meanings provided ance under such section 8 as of November 30, held or insured by the Secretary and statu- by the statute and/or regulations governing 2005; torily required low-income and very low-in- the program under which the project is in- (7) is not a youth who left foster care at come use restrictions if any, associated with sured or assisted; age 14 or older and is at risk of becoming one or more multifamily housing project or (2) the term ‘‘multifamily housing project’’ homeless; and projects to another multifamily housing means housing that meets one of the fol- (8) is not otherwise individually eligible, or project or projects. lowing conditions— has parents who, individually or jointly, are (b) PHASED TRANSFERS.—Transfers of (A) housing that is subject to a mortgage not eligible, to receive assistance under sec- project-based assistance under this section insured under the National Housing Act; tion 8 of the United States Housing Act of may be done in phases to accommodate the (B) housing that has project-based assist- 1937 (42 U.S.C. 1437f). financing and other requirements related to ance attached to the structure including (b) For purposes of determining the eligi- rehabilitating or constructing the project or projects undergoing mark to market debt re- bility of a person to receive assistance under projects to which the assistance is trans- structuring under the Multifamily Assisted section 8 of the United States Housing Act of ferred, to ensure that such project or Housing Reform and Affordability Housing 1937 (42 U.S.C. 1437f), any financial assistance projects meet the standards under subsection Act; (in excess of amounts received for tuition (c). (C) housing that is assisted under section and any other required fees and charges) (c) The transfer authorized in subsection 202 of the Housing Act of 1959, as amended by that an individual receives under the Higher (a) is subject to the following conditions: section 801 of the Cranston-Gonzales Na- Education Act of 1965 (20 U.S.C. 1001 et seq.), (1) NUMBER AND BEDROOM SIZE OF UNITS.— tional Affordable Housing Act; from private sources, or an institution of (A) For occupied units in the transferring (D) housing that is assisted under section higher education (as defined under the High- project: The number of low-income and very 202 of the Housing Act of 1959, as such sec- er Education Act of 1965 (20 U.S.C. 1002)), low-income units and the configuration (i.e., tion existed before the enactment of the shall be considered income to that indi- bedroom size) provided by the transferring Cranston-Gonzales National Affordable vidual, except for a person over the age of 23 project shall be no less than when trans- Housing Act; with dependent children. ferred to the receiving project or projects (E) housing that is assisted under section SEC. 212. The funds made available for Na- and the net dollar amount of Federal assist- 811 of the Cranston-Gonzales National Af- tive Alaskans under the heading ‘‘Native ance provided to the transferring project fordable Housing Act; or American Housing Block Grants’’ in title II shall remain the same in the receiving (F) housing or vacant land that is subject of this Act shall be allocated to the same Na- project or projects. to a use agreement; tive Alaskan housing block grant recipients (B) For unoccupied units in the transfer- (3) the term ‘‘project-based assistance’’ that received funds in fiscal year 2005. ring project: The Secretary may authorize a means— SEC. 213. Notwithstanding any other provi- reduction in the number of dwelling units in (A) assistance provided under section 8(b) sion of law, in fiscal year 2019, in managing the receiving project or projects to allow for of the United States Housing Act of 1937; and disposing of any multifamily property a reconfiguration of bedroom sizes to meet (B) assistance for housing constructed or that is owned or has a mortgage held by the current market demands, as determined by substantially rehabilitated pursuant to as- Secretary of Housing and Urban Develop- the Secretary and provided there is no in- sistance provided under section 8(b)(2) of ment, and during the process of foreclosure crease in the project-based assistance budget such Act (as such section existed imme- on any property with a contract for rental authority. diately before October 1, 1983); assistance payments under section 8 of the (2) The transferring project shall, as deter- (C) rent supplement payments under sec- United States Housing Act of 1937 or other mined by the Secretary, be either physically tion 101 of the Housing and Urban Develop- Federal programs, the Secretary shall main- obsolete or economically nonviable. ment Act of 1965; tain any rental assistance payments under (3) The receiving project or projects shall (D) interest reduction payments under sec- section 8 of the United States Housing Act of meet or exceed applicable physical standards tion 236 and/or additional assistance pay- 1937 and other programs that are attached to established by the Secretary. ments under section 236(f)(2) of the National any dwelling units in the property. To the (4) The owner or mortgagor of the transfer- Housing Act; extent the Secretary determines, in con- ring project shall notify and consult with the (E) assistance payments made under sec- sultation with the tenants and the local gov- tenants residing in the transferring project tion 202(c)(2) of the Housing Act of 1959; and ernment, that such a multifamily property and provide a certification of approval by all (F) assistance payments made under sec- owned or held by the Secretary is not fea- appropriate local governmental officials. tion 811(d)(2) of the Cranston-Gonzalez Na- sible for continued rental assistance pay- (5) The tenants of the transferring project tional Affordable Housing Act; ments under such section 8 or other pro- who remain eligible for assistance to be pro- (4) the term ‘‘receiving project or projects’’ grams, based on consideration of (1) the costs vided by the receiving project or projects means the multifamily housing project or of rehabilitating and operating the property shall not be required to vacate their units in projects to which some or all of the project- and all available Federal, State, and local re- the transferring project or projects until new based assistance, debt, and statutorily resources, including rent adjustments under units in the receiving project are available quired low-income and very low-income use section 524 of the Multifamily Assisted Hous- for occupancy. restrictions are to be transferred; ing Reform and Affordability Act of 1997 (6) The Secretary determines that this (5) the term ‘‘transferring project’’ means (‘‘MAHRAA’’) and (2) environmental condi- transfer is in the best interest of the tenants. the multifamily housing project which is tions that cannot be remedied in a cost-ef- (7) If either the transferring project or the transferring some or all of the project-based fective fashion, the Secretary may, in con- receiving project or projects meets the con- assistance, debt, and the statutorily required sultation with the tenants of that property, dition specified in subsection (d)(2)(A), any low-income and very low-income use restric- contract for project-based rental assistance lien on the receiving project resulting from tions to the receiving project or projects; payments with an owner or owners of other additional financing obtained by the owner and existing housing properties, or provide other shall be subordinate to any FHA-insured (6) the term ‘‘Secretary’’ means the Sec- rental assistance. The Secretary shall also mortgage lien transferred to, or placed on, retary of Housing and Urban Development. take appropriate steps to ensure that such project by the Secretary, except that (e) RESEARCH REPORT.—The Secretary project-based contracts remain in effect the Secretary may waive this requirement shall conduct an evaluation of the transfer prior to foreclosure, subject to the exercise upon determination that such a waiver is authority under this section, including the of contractual abatement remedies to assist necessary to facilitate the financing of ac- effect of such transfers on the operational ef- relocation of tenants for imminent major quisition, construction, and/or rehabilitation ficiency, contract rents, physical and finan- threats to health and safety after written of the receiving project or projects. cial conditions, and long-term preservation notice to and informed consent of the af- (8) If the transferring project meets the re- of the affected properties. fected tenants and use of other available quirements of subsection (d)(2), the owner or SEC. 211. (a) No assistance shall be provided remedies, such as partial abatements or re- mortgagor of the receiving project or under section 8 of the United States Housing ceivership. After disposition of any multi- projects shall execute and record either a Act of 1937 (42 U.S.C. 1437f) to any individual family property described under this section, continuation of the existing use agreement who— the contract and allowable rent levels on or a new use agreement for the project (1) is enrolled as a student at an institu- such properties shall be subject to the re- where, in either case, any use restrictions in tion of higher education (as defined under quirements under section 524 of MAHRAA. such agreement are of no lesser duration section 102 of the Higher Education Act of SEC. 214. The commitment authority fund- than the existing use restrictions. 1965 (20 U.S.C. 1002)); ed by fees as provided under the heading (9) The transfer does not increase the cost (2) is under 24 years of age; ‘‘Community Development Loan Guarantees (as defined in section 502 of the Congres- (3) is not a veteran; Program Account’’ may be used to guar- sional Budget Act of 1974, as amended) of any (4) is unmarried; antee, or make commitments to guarantee,

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notes, or other obligations issued by any SEC. 220. The Secretary is authorized to (G) seek judicial appointment of a receiver State on behalf of non-entitlement commu- transfer up to 10 percent or $5,000,000, which- to manage the property and cure all project nities in the State in accordance with the re- ever is less, of funds appropriated for any of- deficiencies or seek a judicial order of spe- quirements of section 108 of the Housing and fice under the heading ‘‘Administrative Sup- cific performance requiring the owner to Community Development Act of 1974: Pro- port Offices’’ or for any account under the cure all project deficiencies; vided, That any State receiving such a guar- general heading ‘‘Program Office Salaries (H) work with the owner, lender, or other antee or commitment shall distribute all and Expenses’’ to any other such office or ac- related party to stabilize the property in an funds subject to such guarantee to the units count: Provided, That no appropriation for attempt to preserve the property through of general local government in non-entitle- any such office or account shall be increased compliance, transfer of ownership, or an in- ment areas that received the commitment. or decreased by more than 10 percent or fusion of capital provided by a third-party SEC. 215. Public housing agencies that own $5,000,000, whichever is less, without prior that requires time to effectuate; or and operate 400 or fewer public housing units written approval of the House and Senate (I) take any other regulatory or contrac- may elect to be exempt from any asset man- Committees on Appropriations: Provided fur- tual remedies available as deemed necessary agement requirement imposed by the Sec- ther, That the Secretary shall provide notifi- and appropriate by the Secretary. retary of Housing and Urban Development in cation to such Committees three business (d) The Secretary shall also take appro- connection with the operating fund rule: Pro- days in advance of any such transfers under priate steps to ensure that project-based con- vided, That an agency seeking a discontinu- this section up to 10 percent or $5,000,000, tracts remain in effect, subject to the exer- ance of a reduction of subsidy under the op- whichever is less. cise of contractual abatement remedies to erating fund formula shall not be exempt SEC. 221. (a) Any entity receiving housing assist relocation of tenants for major threats from asset management requirements. assistance payments shall maintain decent, to health and safety after written notice to SEC. 216. With respect to the use of safe, and sanitary conditions, as determined the affected tenants. To the extent the Sec- amounts provided in this Act and in future by the Secretary of Housing and Urban De- Acts for the operation, capital improvement velopment (in this section referred to as the retary determines, in consultation with the and management of public housing as au- ‘‘Secretary’’), and comply with any stand- tenants and the local government, that the thorized by sections 9(d) and 9(e) of the ards under applicable State or local laws, property is not feasible for continued rental United States Housing Act of 1937 (42 U.S.C. rules, ordinances, or regulations relating to assistance payments under such section 8 or 1437g(d) and (e)), the Secretary shall not im- the physical condition of any property cov- other programs, based on consideration of— pose any requirement or guideline relating ered under a housing assistance payment (1) the costs of rehabilitating and oper- to asset management that restricts or limits contract. ating the property and all available Federal, in any way the use of capital funds for cen- (b) The Secretary shall take action under State, and local resources, including rent ad- tral office costs pursuant to section 9(g)(1) or subsection (c) when a multifamily housing justments under section 524 of the Multi- 9(g)(2) of the United States Housing Act of project with a section 8 contract or contract family Assisted Housing Reform and Afford- 1937 (42 U.S.C. 1437g(g)(1), (2)): Provided, That for similar project-based assistance— ability Act of 1997 (‘‘MAHRAA’’); and a public housing agency may not use capital (1) receives a Uniform Physical Condition (2) environmental conditions that cannot funds authorized under section 9(d) for ac- Standards (UPCS) score of 60 or less; or be remedied in a cost-effective fashion, the tivities that are eligible under section 9(e) (2) fails to certify in writing to the Sec- Secretary may contract for project-based for assistance with amounts from the oper- retary within 3 days that all Exigent Health rental assistance payments with an owner or ating fund in excess of the amounts per- and Safety deficiencies identified by the in- owners of other existing housing properties, mitted under section 9(g)(1) or 9(g)(2). spector at the project have been corrected. or provide other rental assistance. SEC. 217. No official or employee of the De- Such requirements shall apply to insured (e) The Secretary shall report quarterly on partment of Housing and Urban Development and noninsured projects with assistance at- all properties covered by this section that shall be designated as an allotment holder tached to the units under section 8 of the are assessed through the Real Estate Assess- unless the Office of the Chief Financial Offi- United States Housing Act of 1937 (42 U.S.C. ment Center and have UPCS physical inspec- cer has determined that such allotment hold- 1437f), but do not apply to such units assisted tion scores of less than 60 or have received er has implemented an adequate system of under section 8(o)(13) (42 U.S.C. 1437f(o)(13)) an unsatisfactory management and occu- funds control and has received training in or to public housing units assisted with cap- pancy review within the past 36 months. The funds control procedures and directives. The ital or operating funds under section 9 of the report shall include— Chief Financial Officer shall ensure that United States Housing Act of 1937 (42 U.S.C. (1) the enforcement actions being taken to there is a trained allotment holder for each 1437g). address such conditions, including imposi- HUD appropriation under the accounts ‘‘Ex- (c)(1) Within 15 days of the issuance of the tion of civil money penalties and termi- ecutive Offices’’ and ‘‘Administrative Sup- REAC inspection, the Secretary must pro- nation of subsidies, and identify properties port Offices,’’ as well as each account receiv- vide the owner with a Notice of Default with that have such conditions multiple times; ing appropriations under the general heading a specified timetable, determined by the Sec- (2) actions that the Department of Housing retary, for correcting all deficiencies. The ‘‘Program Office Salaries and Expenses’’, and Urban Development is taking to protect Secretary must also provide a copy of the ‘‘Government National Mortgage Associa- tenants of such identified properties; and Notice of Default to the tenants, the local tion—Guarantees of Mortgage-Backed Secu- (3) any administrative or legislative rec- government, any mortgagees, and any con- rities Loan Guarantee Program Account’’, ommendations to further improve the living and ‘‘Office of Inspector General’’ within the tract administrator. If the owner’s appeal results in a UPCS score of 60 or above, the Sec- conditions at properties covered under a Department of Housing and Urban Develop- housing assistance payment contract. ment. retary may withdraw the Notice of Default. SEC. 218. The Secretary of the Department (2) At the end of the time period for cor- This report shall be due to the Senate and of Housing and Urban Development shall, for recting all deficiencies specified in the No- House Committees on Appropriations no fiscal year 2019, notify the public through tice of Default, if the owner fails to fully cor- later than 30 days after the enactment of the Federal Register and other means, as de- rect such deficiencies, the Secretary may— this Act, and on the first business day of termined appropriate, of the issuance of a (A) require immediate replacement of each Federal fiscal year quarter thereafter notice of the availability of assistance or no- project management with a management while this section remains in effect. tice of funding availability (NOFA) for any agent approved by the Secretary; SEC. 222. None of the funds made available program or discretionary fund administered (B) impose civil money penalties, which by this Act, or any other Act, for purposes by the Secretary that is to be competitively shall be used solely for the purpose of sup- authorized under section 8 (only with respect awarded. Notwithstanding any other provi- porting safe and sanitary conditions at appli- to the tenant-based rental assistance pro- sion of law, for fiscal year 2019, the Secretary cable properties, as designated by the Sec- gram) and section 9 of the United States may make the NOFA available only on the retary, with priority given to the tenants of Housing Act of 1937 (42 U.S.C. 1437 et seq.), Internet at the appropriate Government web the property affected by the penalty; may be used by any public housing agency site or through other electronic media, as de- (C) abate the section 8 contract, including for any amount of salary, including bonuses, termined by the Secretary. partial abatement, as determined by the Sec- for the chief executive officer of which, or SEC. 219. Payment of attorney fees in pro- retary, until all deficiencies have been cor- any other official or employee of which, that gram-related litigation shall be paid from rected; exceeds the annual rate of basic pay payable the individual program office and Office of (D) pursue transfer of the project to an for a position at level IV of the Executive General Counsel salaries and expenses appro- owner, approved by the Secretary under es- Schedule at any time during any public priations. The annual budget submission for tablished procedures, which will be obligated housing agency fiscal year 2019. the program offices and the Office of General to promptly make all required repairs and to SEC. 223. None of the funds in this Act pro- Counsel shall include any such projected liti- accept renewal of the assistance contract as vided to the Department of Housing and gation costs for attorney fees as a separate long as such renewal is offered; Urban Development may be used to make a line item request. No funds provided in this (E) transfer the existing section 8 contract grant award unless the Secretary notifies title may be used to pay any such litigation to another project or projects and owner or the House and Senate Committees on Appro- costs for attorney fees until the Department owners; priations not less than 3 full business days submits for review a spending plan for such (F) pursue exclusionary sanctions, includ- before any project, State, locality, housing costs to the House and Senate Committees ing suspensions or debarments from Federal authority, tribe, nonprofit organization, or on Appropriations. programs; other entity selected to receive a grant

VerDate Sep 11 2014 05:40 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JY6.020 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE S5200 CONGRESSIONAL RECORD — SENATE July 23, 2018 award is announced by the Department or its activities of the program component origi- 201(d) of the Merchant Marine Act, 1936, as offices. nally funded. amended (46 U.S.C. 307), including services as SEC. 224. None of the funds made available (c) Transition grants made under this sec- authorized by 5 U.S.C. 3109; hire of passenger by this Act may be used to require or enforce tion are eligible for renewal in subsequent motor vehicles as authorized by 31 U.S.C. the Physical Needs Assessment (PNA). fiscal years for the eligible activities of the 1343(b); and uniforms or allowances there- SEC. 225. None of the funds made available new program component. fore, as authorized by 5 U.S.C. 5901–5902, in this Act shall be used by the Federal (d) In order to be eligible to receive a tran- $27,490,000: Provided, That not to exceed $2,000 Housing Administration, the Government sition grant, the funding recipient must have shall be available for official reception and National Mortgage Administration, or the the consent of the Continuum of Care and representation expenses. Department of Housing and Urban Develop- meet standards determined by the Secretary. NATIONAL RAILROAD PASSENGER CORPORATION ment to insure, securitize, or establish a SEC. 232. None of the funds made available OFFICE OF INSPECTOR GENERAL Federal guarantee of any mortgage or mort- by this Act may be used by the Department gage backed security that refinances or oth- of Housing and Urban Development to direct SALARIES AND EXPENSES erwise replaces a mortgage that has been a grantee to undertake specific changes to For necessary expenses of the Office of In- subject to eminent domain condemnation or existing zoning laws as part of carrying out spector General for the National Railroad seizure, by a State, municipality, or any the final rule entitled ‘‘Affirmatively Fur- Passenger Corporation to carry out the pro- other political subdivision of a State. thering Fair Housing’’ (80 Fed. Reg. 42272 visions of the Inspector General Act of 1978, SEC. 226. None of the funds made available (July 16, 2015)) or the notice entitled ‘‘Af- as amended, $23,274,000: Provided, That the by this Act may be used to terminate the firmatively Furthering Fair Housing Assess- Inspector General shall have all necessary status of a unit of general local government ment Tool’’ (79 Fed. Reg. 57949 (September authority, in carrying out the duties speci- as a metropolitan city (as defined in section 26, 2014)). fied in the Inspector General Act, as amend- 102 of the Housing and Community Develop- SEC. 233. Section 218(g) of the Cranston- ed (5 U.S.C. App. 3), to investigate allega- ment Act of 1974 (42 U.S.C. 5302)) with respect Gonzalez National Affordable Housing Act tions of fraud, including false statements to to grants under section 106 of such Act (42 (42 U.S.C. 12748(g)) shall not apply with re- the government (18 U.S.C. 1001), by any per- U.S.C. 5306). spect to the right of a jurisdiction to draw son or entity that is subject to regulation by SEC. 227. Amounts made available under funds from its HOME Investment Trust Fund the National Railroad Passenger Corpora- this Act which are either appropriated, allo- that otherwise expired or would expire in tion: Provided further, That the Inspector cated, advanced on a reimbursable basis, or 2016, 2017, 2018, 2019, 2020 or 2021 under that General may enter into contracts and other transferred to the Office of Policy Develop- section. arrangements for audits, studies, analyses, ment and Research in the Department of SEC. 234. The Promise Zone designations and other services with public agencies and Housing and Urban Development and func- and Promise Zone Designation Agreements with private persons, subject to the applications thereof, for research, evaluation, or entered into pursuant to such designations, ble laws and regulations that govern the ob- statistical purposes, and which are unex- made by the Secretary of Housing and Urban taining of such services within the National pended at the time of completion of a con- Development in prior fiscal years, shall re- Railroad Passenger Corporation: Provided tract, grant, or cooperative agreement, may main in effect in accordance with the terms further, That the Inspector General may se- be deobligated and shall immediately be- and conditions of such agreements. lect, appoint, and employ such officers and come available and may be reobligated in SEC. 235. The Secretary shall initiate a employees as may be necessary for carrying that fiscal year or the subsequent fiscal year comprehensive review of existing public out the functions, powers, and duties of the for the research, evaluation, or statistical housing and tenant-based rental assistance Office of Inspector General, subject to the purposes for which the amounts are made regulations and related notices and other applicable laws and regulations that govern available to that Office subject to re- guidance documents to identify opportuni- such selections, appointments, and employ- programming requirements in section 405 of ties to streamline the administration of such ment within the Corporation: Provided fur- this Act. programs while also ensuring compliance ther, That concurrent with the President’s SEC. 228. None of the funds provided in this with Federal financial and internal control budget request for fiscal year 2020, the In- Act or any other act may be used for awards, requirements. The Secretary shall establish spector General shall submit to the House including performance, special act, or spot, a regulatory advisory committee, composed and Senate Committees on Appropriations a for any employee of the Department of Hous- of program and research experts from the budget request for fiscal year 2020 in similar ing and Urban Development who has been Department, a fair representation of public format and substance to those submitted by subject to administrative discipline in fiscal housing agencies, and independent subject executive agencies of the Federal Govern- years 2018 or 2019, including suspension from matter experts in housing policy, property ment. work. management, and Federal grant manage- NATIONAL TRANSPORTATION SAFETY BOARD SEC. 229. Funds made available in this title ment, which shall advise the Secretary with SALARIES AND EXPENSES under the heading ‘‘Homeless Assistance respect to specific policy proposals to reduce For necessary expenses of the National Grants’’ may be used by the Secretary to administrative burden. The Secretary, in Transportation Safety Board, including hire participate in Performance Partnership Pi- consultation with the advisory committee, of passenger motor vehicles and aircraft; lots authorized under section 526 of division shall submit a report on the results of such services as authorized by 5 U.S.C. 3109, but at H of Public Law 113–76, section 524 of division regulatory review to the House and Senate rates for individuals not to exceed the per G of Public Law 113–235, section 525 of divi- Committees on Appropriations no later than diem rate equivalent to the rate for a GS–15; sion H of Public Law 114–113, and such au- one year after the date of enactment of this uniforms, or allowances therefor, as author- thorities as are enacted for Performance Act. ized by law (5 U.S.C. 5901–5902), $110,400,000, of Partnership Pilots in an appropriations Act SEC. 236. None of the funds made available which not to exceed $2,000 may be used for for fiscal year 2019: Provided, That such par- by this Act may be used to establish and official reception and representation ex- ticipation shall be limited to no more than apply a ranking factor in the selection and penses. The amounts made available to the 10 continuums of care and housing activities award of any funds made available and re- National Transportation Safety Board in to improve outcomes for disconnected youth. quiring competitive selection under this Act, this Act include amounts necessary to make SEC. 230. With respect to grant amounts including preference or bonus points or other lease payments on an obligation incurred in awarded under the heading ‘‘Homeless As- incentives for participation in or coordina- fiscal year 2001 for a capital lease. sistance Grants’’ for fiscal years 2015, 2016, tion with EnVision Centers. 2017, 2018 and 2019 for the continuum of care This title may be cited as the ‘‘Department NEIGHBORHOOD REINVESTMENT CORPORATION (CoC) program as authorized under subtitle C of Housing and Urban Development Appro- PAYMENT TO THE NEIGHBORHOOD of title IV of the McKinney-Vento Homeless priations Act, 2019’’. REINVESTMENT CORPORATION Assistance Act, costs paid by program in- TITLE III For payment to the Neighborhood Rein- come of grant recipients may count toward RELATED AGENCIES vestment Corporation for use in neighbor- meeting the recipient’s matching require- hood reinvestment activities, as authorized ACCESS BOARD ments, provided the costs are eligible CoC by the Neighborhood Reinvestment Corpora- costs that supplement the recipient’s CoC SALARIES AND EXPENSES tion Act (42 U.S.C. 8101–8107), $145,000,000, of program. For expenses necessary for the Access which $5,000,000 shall be for a multi-family SEC. 231. (a) From amounts made available Board, as authorized by section 502 of the Re- rental housing program: Provided, That an under this title under the heading ‘‘Homeless habilitation Act of 1973, as amended, additional $2,000,000, to remain available Assistance Grants’’, the Secretary may $8,400,000: Provided, That, notwithstanding until September 30, 2023, shall be for the pro- award 1-year transition grants to recipients any other provision of law, there may be motion and development of shared equity of funds for activities under subtitle C of the credited to this appropriation funds received housing models. McKinney-Vento Homeless Assistance Act for publications and training expenses. (42 U.S.C. 11381 et seq.) to transition from SURFACE TRANSPORTATION BOARD FEDERAL MARITIME COMMISSION one Continuum of Care program component SALARIES AND EXPENSES to another. SALARIES AND EXPENSES For necessary expenses of the Surface (b) No more than 50 percent of each transi- For necessary expenses of the Federal Mar- Transportation Board, including services au- tion grant may be used for costs of eligible itime Commission as authorized by section thorized by 5 U.S.C. 3109, $37,100,000: Provided,

VerDate Sep 11 2014 03:28 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JY6.020 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE July 23, 2018 CONGRESSIONAL RECORD — SENATE S5201 That notwithstanding any other provision of or expenditure in fiscal year 2019, or provided tions that serve the general public and are law, not to exceed $1,250,000 from fees estab- from any accounts in the Treasury derived subject to regulation and oversight by the lished by the Chairman of the Surface Trans- by the collection of fees and available to the government, and projects for the removal of portation Board shall be credited to this ap- agencies funded by this Act, shall be avail- an immediate threat to public health and propriation as offsetting collections and used able for obligation or expenditure through a safety or brownfields as defined in the Small for necessary and authorized expenses under reprogramming of funds that— Business Liability Relief and Brownfields this heading: Provided further, That the sum (1) creates a new program; Revitalization Act (Public Law 107–118) shall herein appropriated from the general fund (2) eliminates a program, project, or activ- be considered a public use for purposes of shall be reduced on a dollar-for-dollar basis ity; eminent domain. as such offsetting collections are received (3) increases funds or personnel for any SEC. 408. None of the funds made available during fiscal year 2019, to result in a final ap- program, project, or activity for which funds in this Act may be transferred to any depart- propriation from the general fund estimated have been denied or restricted by the Con- ment, agency, or instrumentality of the at no more than $35,850,000. gress; United States Government, except pursuant to a transfer made by, or transfer authority UNITED STATES INTERAGENCY COUNCIL ON (4) proposes to use funds directed for a spe- provided in, this Act or any other appropria- HOMELESSNESS cific activity by either the House or Senate Committees on Appropriations for a dif- tions Act. OPERATING EXPENSES ferent purpose; SEC. 409. No part of any appropriation con- For necessary expenses (including payment (5) augments existing programs, projects, tained in this Act shall be available to pay of salaries, authorized travel, hire of pas- or activities in excess of $5,000,000 or 10 per- the salary for any person filling a position, senger motor vehicles, the rental of con- cent, whichever is less; other than a temporary position, formerly ference rooms, and the employment of ex- (6) reduces existing programs, projects, or held by an employee who has left to enter perts and consultants under section 3109 of activities by $5,000,000 or 10 percent, which- the Armed Forces of the United States and title 5, United States Code) of the United ever is less; or has satisfactorily completed his or her pe- States Interagency Council on Homelessness (7) creates, reorganizes, or restructures a riod of active military or naval service, and in carrying out the functions pursuant to branch, division, office, bureau, board, com- has within 90 days after his or her release title II of the McKinney-Vento Homeless As- mission, agency, administration, or depart- from such service or from hospitalization sistance Act, as amended, $3,600,000: Provided, ment different from the budget justifications continuing after discharge for a period of not That the first proviso in Public Law 115–141 submitted to the Committees on Appropria- more than 1 year, made application for res- under the heading ‘‘United States Inter- tions or the table accompanying the report toration to his or her former position and agency Council on Homelessness—Operating accompanying this Act, whichever is more has been certified by the Office of Personnel Expenses’’ is amended by striking ‘‘2020’’ and detailed, unless prior approval is received Management as still qualified to perform the duties of his or her former position and has inserting ‘‘2021’’. from the House and Senate Committees on not been restored thereto. TITLE IV Appropriations: Provided, That not later SEC. 410. No funds appropriated pursuant to GENERAL PROVISIONS—THIS ACT than 60 days after the date of enactment of this Act may be expended by an entity un- this Act, each agency funded by this Act SEC. 401. None of the funds in this Act shall less the entity agrees that in expending the shall submit a report to the Committees on be used for the planning or execution of any assistance the entity will comply with sec- Appropriations of the Senate and of the program to pay the expenses of, or otherwise tions 2 through 4 of the Act of March 3, 1933 House of Representatives to establish the compensate, non-Federal parties intervening (41 U.S.C. 8301–8305, popularly known as the baseline for application of reprogramming in regulatory or adjudicatory proceedings ‘‘Buy American Act’’). and transfer authorities for the current fis- funded in this Act. SEC. 411. No funds appropriated or other- cal year: Provided further, That the report SEC. 402. None of the funds appropriated in wise made available under this Act shall be shall include— this Act shall remain available for obliga- made available to any person or entity that (A) a table for each appropriation with a tion beyond the current fiscal year, nor may has been convicted of violating the Buy separate column to display the prior year en- any be transferred to other appropriations, American Act (41 U.S.C. 8301–8305). acted level, the President’s budget request, unless expressly so provided herein. SEC. 412. None of the funds made available adjustments made by Congress, adjustments SEC. 403. The expenditure of any appropria- in this Act may be used for first-class airline tion under this Act for any consulting serv- due to enacted rescissions, if appropriate, accommodations in contravention of sec- ice through a procurement contract pursu- and the fiscal year enacted level; tions 301–10.122 and 301–10.123 of title 41, Code ant to section 3109 of title 5, United States (B) a delineation in the table for each ap- of Federal Regulations. SEC. 413. (a) None of the funds made avail- Code, shall be limited to those contracts propriation and its respective prior year enable by this Act may be used to approve a where such expenditures are a matter of pub- acted level by object class and program, new foreign air carrier permit under sections lic record and available for public inspection, project, and activity as detailed in the budg- 41301 through 41305 of title 49, United States except where otherwise provided under exist- et appendix for the respective appropriation; Code, or exemption application under section ing law, or under existing Executive order and 40109 of that title of an air carrier already issued pursuant to existing law. (C) an identification of items of special congressional interest. holding an air operators certificate issued by SEC. 404. (a) None of the funds made avail- SEC. 406. Except as otherwise specifically a country that is party to the U.S.-E.U.-Ice- able in this Act may be obligated or ex- provided by law, not to exceed 50 percent of land-Norway Air Transport Agreement pended for any employee training that— unobligated balances remaining available at where such approval would contravene (1) does not meet identified needs for the end of fiscal year 2019 from appropria- United States law or Article 17 bis of the knowledge, skills, and abilities bearing ditions made available for salaries and ex- U.S.-E.U.-Iceland-Norway Air Transport rectly upon the performance of official du- penses for fiscal year 2019 in this Act, shall Agreement. ties; remain available through September 30, 2020, (b) Nothing in this section shall prohibit, (2) contains elements likely to induce high for each such account for the purposes au- restrict or otherwise preclude the Secretary levels of emotional response or psychological thorized: Provided, That a request shall be of Transportation from granting a foreign stress in some participants; submitted to the House and Senate Commit- air carrier permit or an exemption to such (3) does not require prior employee notifi- tees on Appropriations for approval prior to an air carrier where such authorization is cation of the content and methods to be used the expenditure of such funds: Provided fur- consistent with the U.S.-E.U.-Iceland-Nor- in the training and written end of course ther, That these requests shall be made in way Air Transport Agreement and United evaluation; compliance with reprogramming guidelines States law. (4) contains any methods or content associ- under section 405 of this Act. SEC. 414. None of the funds made available ated with religious or quasi-religious belief SEC. 407. No funds in this Act may be used in this Act may be used to send or otherwise systems or ‘‘new age’’ belief systems as de- to support any Federal, State, or local pay for the attendance of more than 50 em- fined in Equal Employment Opportunity projects that seek to use the power of emi- ployees of a single agency or department of Commission Notice N–915.022, dated Sep- nent domain, unless eminent domain is em- the United States Government, who are sta- tember 2, 1988; or ployed only for a public use: Provided, That tioned in the United States, at any single (5) is offensive to, or designed to change, for purposes of this section, public use shall international conference unless the relevant participants’ personal values or lifestyle out- not be construed to include economic devel- Secretary reports to the House and Senate side the workplace. opment that primarily benefits private enti- Committees on Appropriations at least 5 (b) Nothing in this section shall prohibit, ties: Provided further, That any use of funds days in advance that such attendance is im- restrict, or otherwise preclude an agency for mass transit, railroad, airport, seaport or portant to the national interest: Provided, from conducting training bearing directly highway projects, as well as utility projects That for purposes of this section the term upon the performance of official duties. which benefit or serve the general public (in- ‘‘international conference’’ shall mean a SEC. 405. Except as otherwise provided in cluding energy-related, communication-re- conference occurring outside of the United this Act, none of the funds provided in this lated, water-related and wastewater-related States attended by representatives of the Act, provided by previous appropriations infrastructure), other structures designated United States Government and of foreign Acts to the agencies or entities funded in for use by the general public or which have governments, international organizations, or this Act that remain available for obligation other common-carrier or public-utility func- nongovernmental organizations.

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SEC. 415. None of the funds appropriated or oped by NIST to inform acquisition decisions and Water Conservation Fund under section otherwise made available under this Act may for high-impact and moderate-impact infor- 200305(b)(2) of title 54, United States Code, be used by the Surface Transportation Board mation systems within the Federal Govern- the Secretary of the Interior shall— to charge or collect any filing fee for rate or ment; (1) consider whether a State (as defined in practice complaints filed with the Board in (2) reviewed the supply chain risk from the section 200301 of that title) has a significant an amount in excess of the amount author- presumptive awardee against available and need for resources, with particular consider- ized for district court civil suit filing fees relevant threat information provided by the ation of the needs of the coastal States; and under section 1914 of title 28, United States Federal Bureau of Investigation and other (2) attempt to correct the traditional pref- Code. appropriate agencies; and erence for the use of amounts from the Land SEC. 416. None of the funds made available (3) in consultation with the Federal Bureau and Water Conservation Fund to fund inland by this Act may be used by the Department of Investigation or other appropriate Federal projects. of Transportation, the Department of Hous- entity, conducted an assessment of any risk ing and Urban Development, or any other of cyber-espionage or sabotage associated SA 3402. Mr. CRUZ (for himself, Mr. Federal agency to lease or purchase new with the acquisition of such system, includ- COTTON, Mr. LEE, and Mr. JOHNSON) light duty vehicles for any executive fleet, or ing any risk associated with such system submitted an amendment intended to for an agency’s fleet inventory, except in ac- being produced, manufactured, or assembled be proposed by him to the bill H.R. cordance with Presidential Memorandum— by one or more entities identified by the 6147, making appropriations for the De- Federal Fleet Performance, dated May 24, United States Government as posing a cyber partment of the Interior, environment, 2011. threat, including but not limited to, those SEC. 417. (a) None of the funds made avail- and related agencies for the fiscal year that may be owned, directed, or subsidized ending September 30, 2019, and for able in this Act may be used to maintain or by the People’s Republic of China, the Is- establish a computer network unless such lamic Republic of Iran, the Democratic Peo- other purposes; which was ordered to network blocks the viewing, downloading, ple’s Republic of Korea, or the Russian Fed- lie on the table; as follows: and exchanging of pornography. At the appropriate place in division B, in- (b) Nothing in subsection (a) shall limit eration. (b) None of the funds appropriated or oth- sert the following: the use of funds necessary for any Federal, erwise made available under this Act may be SEC. lll. None of the funds made avail- State, tribal, or local law enforcement agen- able by Division B of this Act may be used cy or any other entity carrying out criminal used to acquire a high-impact or moderate impact information system reviewed and as- by the government of the District of Colum- investigations, prosecution, or adjudication bia to carry out subtitle A of title V of the activities. sessed under subsection (a) unless the head of the assessing entity described in sub- Fiscal Year 2019 Budget Support Act of 2018 SEC. 418. (a) None of the funds made avail- (D.C. Bill 22–753) (requiring residents of the able in this Act may be used to deny an In- section (a) has— (1) developed, in consultation with NIST District of Columbia to have health insur- spector General funded under this Act timely ance). access to any records, documents, or other and supply chain risk management experts, a materials available to the department or mitigation strategy for any identified risks; SA 3403. Ms. MURKOWSKI proposed agency over which that Inspector General (2) determined, in consultation with NIST and the Federal Bureau of Investigation, an amendment to the bill H.R. 589, to has responsibilities under the Inspector Gen- establish Department of Energy policy eral Act of 1978 (5 U.S.C. App.), or to prevent that the acquisition of such system is in the or impede that Inspector General’s access to vital national security interest of the United for science and energy research and de- such records, documents, or other materials, States; and velopment programs, and reform Na- under any provision of law, except a provi- (3) reported that determination to the tional Laboratory management and sion of law that expressly refers to the In- Committees on Appropriations of the House technology transfer programs, and for spector General and expressly limits the In- of Representatives and the Senate in a man- other purposes; as follows: spector General’s right of access. ner that identifies the system intended for Strike title IV. (b) A department or agency covered by this acquisition and a detailed description of the section shall provide its Inspector General mitigation strategies identified in (1), pro- SA 3404. Ms. MURKOWSKI proposed with access to all such records, documents, vided that such report may include a classi- an amendment to the bill S. 2503, to es- and other materials in a timely manner. fied annex as necessary. tablish Department of Energy policy (c) Each Inspector General shall ensure This division may be cited as the ‘‘Trans- compliance with statutory limitations on portation, Housing and Urban Development, for science and energy research and de- disclosure relevant to the information pro- and Related Agencies Appropriations Act, velopment programs, and reform Na- vided by the establishment over which that 2019’’. tional Laboratory management and Inspector General has responsibilities under technology transfer programs, and for the Inspector General Act of 1978 (5 U.S.C. SA 3400. Ms. MURKOWSKI proposed other purposes; as follows: App.). an amendment to amendment SA 3399 Strike title IV. (d) Each Inspector General covered by this proposed by Mr. SHELBY to the bill H.R. section shall report to the Committees on SA 3405. Mr. HELLER (for himself Appropriations of the House of Representa- 6147, making appropriations for the De- and Mr. BROWN) submitted an amend- tives and the Senate within 5 calendar days partment of the Interior, environment, any failures to comply with this require- and related agencies for the fiscal year ment intended to be proposed to ment. ending September 30, 2019, and for amendment SA 3399 proposed by Mr. SEC. 419. None of the funds appropriated or other purposes; as follows: SHELBY to the bill H.R. 6147, making otherwise made available by this Act may be appropriations for the Department of On page 95, line 6, strike ‘‘$5,000,000’’ and used to pay award or incentive fees for con- insert ‘‘$5,250,000’’. the Interior, environment, and related tractors whose performance has been judged agencies for the fiscal year ending Sep- to be below satisfactory, behind schedule, tember 30, 2019, and for other purposes; over budget, or has failed to meet the basic SA 3401. Mr. WHITEHOUSE sub- requirements of a contract, unless the Agen- mitted an amendment intended to be which was ordered to lie on the table; cy determines that any such deviations are proposed by him to the bill H.R. 6147, as follows: due to unforeseeable events, government- making appropriations for the Depart- On page 154, line 14, strike ‘‘$15,000,000’’ and driven scope changes, or are not significant ment of the Interior, environment, and insert ‘‘$20,000,000’’. within the overall scope of the project and/or related agencies for the fiscal year end- SA 3406. Mr. SCHATZ (for himself program unless such awards or incentive fees ing September 30, 2019, and for other and Ms. HIRONO) submitted an amend- are consistent with 16.401(e)(2) of the FAR. purposes; which was ordered to lie on SEC. 420. (a) Section 420 (a) None of the ment intended to be proposed to funds appropriated or otherwise made avail- the table; as follows: amendment SA 3399 proposed by Mr. able under this Act may be used to acquire At the appropriate place, insert the fol- SHELBY to the bill H.R. 6147, making telecommunications equipment produced by lowing: appropriations for the Department of Huawei Technologies Company, ZTE Cor- SEC. ll. (a) In carrying out any discre- the Interior, environment, and related poration or a high-impact or moderate-im- tionary grant or funding program adminis- pact information system, as defined for secu- tered by the Secretary of the Interior øusing agencies for the fiscal year ending Sep- rity categorization in the National Institute funds made available by this Act¿, the Sec- tember 30, 2019, and for other purposes; of Standards and Technology’s (NIST) Fed- retary shall consider whether a State has a which was ordered to lie on the table; eral Information Processing Standard Publi- significant need for resources, with par- as follows: cation 199, ‘‘Standards for Security Cat- ticular consideration of the needs of the At the appropriate place in division C, in- egorization of Federal Information and In- coastal States. sert the following: formation Systems’’ unless the agency has— (b) In determining apportionments for fis- SEC. lll. The Secretary of Agriculture (1) reviewed the supply chain risk for the cal year 2019 of amounts appropriated and shall provide to any State or county im- information systems against criteria devel- available for State purposes from the Land pacted by a volcanic eruption covered by a

VerDate Sep 11 2014 03:28 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JY6.020 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE July 23, 2018 CONGRESSIONAL RECORD — SENATE S5203 major disaster declared by the President in Sec. 9. Prohibitions. ‘‘Sec. 122. State plan. calendar year 2018 in accordance with section Sec. 10. Authorization of appropriations. ‘‘Sec. 123. Improvement plans. 401 of the Robert T. Stafford Disaster Relief TITLE I—CAREER AND TECHNICAL EDU- ‘‘Sec. 124. State leadership activities. and Emergency Assistance Act (42 U.S.C. CATION ASSISTANCE TO THE STATES ‘‘PART C—LOCAL PROVISIONS 5170) technical assistance— PART A—ALLOTMENT AND ALLOCATION ‘‘Sec. 131. Distribution of funds to secondary (1) to assess damage to agricultural pro- education programs. duction and rural infrastructure; and Sec. 110. Reservations and State allotment Sec. 111. Within State allocation. ‘‘Sec. 132. Distribution of funds for postsec- (2) to develop recovery plans for impacted ondary education programs. farmers, ranchers, and rural communities. Sec. 112. Accountability. Sec. 113. National activities. ‘‘Sec. 133. Special rules for career and technical education. SA 3407. Mr. SCHATZ (for himself Sec. 114. Assistance for the outlying areas. Sec. 115. Native American Programs. ‘‘Sec. 134. Local application for career and and Ms. HIRONO) submitted an amend- Sec. 116. Tribally controlled postsecondary technical education programs. ment intended to be proposed to career and technical institu- ‘‘Sec. 135. Local uses of funds. amendment SA 3399 proposed by Mr. tions. ‘‘TITLE II—GENERAL PROVISIONS SHELBY to the bill H.R. 6147, making Sec. 117. Occupational and employment in- ‘‘PART A—FEDERAL ADMINISTRATIVE appropriations for the Department of formation. PROVISIONS the Interior, environment, and related PART B—STATE PROVISIONS ‘‘Sec. 211. Fiscal requirements. agencies for the fiscal year ending Sep- Sec. 121. State administration. ‘‘Sec. 212. Authority to make payments. tember 30, 2019, and for other purposes; Sec. 122. State plan. ‘‘Sec. 213. Construction. which was ordered to lie on the table; Sec. 123. Improvement plans. ‘‘Sec. 214. Voluntary selection and participa- Sec. 124. State leadership activities. tion. as follows: ‘‘Sec. 215. Limitation for certain students. At the appropriate place in division A, in- PART C—LOCAL PROVISIONS ‘‘Sec. 216. Federal laws guaranteeing civil sert the following: Sec. 131. Distribution of funds to secondary rights. DAMAGE TO DEPARTMENT OF THE INTERIOR education programs. ‘‘Sec. 217. Participation of private school FACILITIES BY VOLCANIC ERUPTION Sec. 132. Special rules for career and tech- personnel and children. nical education. SEC. llll. (a) Not later than 60 days ‘‘Sec. 218. Limitation on Federal regula- after the date of enactment of this Act, the Sec. 133. Local application for career and tions. Secretary of the Interior shall submit to technical education programs. ‘‘Sec. 219. Study on programs of study Sec. 134. Local uses of funds. Congress a report on each facility and re- aligned to high-skill, high-wage lated infrastructure of the Department of TITLE II—GENERAL PROVISIONS occupations. the Interior damaged by a volcanic eruption Sec. 201. Federal and State administrative ‘‘PART B—STATE ADMINISTRATIVE PROVISIONS covered by a major disaster declared by the provisions. ‘‘Sec. 221. Joint funding. President in calendar year 2018 in accordance TITLE III—AMENDMENTS TO OTHER ‘‘Sec. 222. Prohibition on use of funds to in- with section 401 of the Robert T. Stafford LAWS duce out-of-State relocation of Disaster Relief and Emergency Assistance businesses. Sec. 301. Amendments to the Wagner-Peyser Act (42 U.S.C. 5170) (referred to in this sec- ‘‘Sec. 223. State administrative costs. Act. tion as a ‘‘covered facility’’). ‘‘Sec. 224. Student assistance and other Fed- Sec. 302. Amendments to the Elementary (b) The report submitted under subsection eral programs.’’. and Secondary Education Act (a) shall include— of 1965. SEC. 6. PURPOSE. (1) an inventory of all covered facilities; Sec. 303. Amendment to the Workforce Inno- Section 2 (20 U.S.C. 2301) is amended— (2) a description of— vation and Opportunity Act. (1) in the matter preceding paragraph (1)— (A) any closures of covered facilities; and (A) by striking ‘‘academic and career and SEC. 3. REFERENCES. (B) the estimated impact on visitorship to technical skills’’ and inserting ‘‘academic covered facilities open to the public as a re- Except as otherwise expressly provided, knowledge and technical and employability sult of a volcanic eruption; and whenever in this Act an amendment or re- skills’’; and (3) a plan— peal is expressed in terms of an amendment (B) by inserting ‘‘and programs of study’’ (A) to restore or replace covered facilities; to, or repeal of, a section or other provision, after ‘‘technical education programs’’; and the reference shall be considered to be made (2) in paragraph (1), by striking ‘‘high de- (B) to restore visitorship levels to covered to a section or other provision of the Carl D. mand occupations’’ and inserting ‘‘in-de- facilities open to the public to historic Perkins Career and Technical Education Act mand occupations’’; visitorship levels. of 2006 (20 U.S.C. 2301 et seq.). (3) in paragraph (3), by striking ‘‘, includ- (c) In preparing the plan required under SEC. 4. EFFECTIVE DATE. ing tech prep education’’; subsection (b)(3), the Secretary of the Inte- This Act, and the amendments made by (4) in paragraph (4), by inserting ‘‘and pro- rior shall— this Act, shall take effect beginning on July grams of study’’ after ‘‘technical education (1) engage the community in which the 1, 2019. programs’’; covered facility is located, including the SEC. 5. TABLE OF CONTENTS OF THE CARL D. (5) in paragraph (6), by striking ‘‘and’’ State and units of local government; and PERKINS CAREER AND TECHNICAL after the semicolon; (2) include the estimated costs of carrying EDUCATION ACT OF 2006. (6) in paragraph (7), by striking the period out the activities described in the plan. Section 1(b) is amended to read as follows: at the end and inserting ‘‘; and’’; and ‘‘(b) TABLE OF CONTENTS.—The table of (7) by adding at the end the following: SA 3408. Ms. MURKOWSKI (for Mr. contents for this Act is as follows: ‘‘(8) increasing the employment opportuni- ALEXANDER) proposed an amendment to ‘‘Sec. 1. Short title; table of contents. ties for populations who are chronically un- the bill H.R. 2353, to reauthorize the ‘‘Sec. 2. Purpose. employed or underemployed, including indi- Carl D. Perkins Career and Technical ‘‘Sec. 3. Definitions. viduals with disabilities, individuals from Education Act of 2006; as follows: ‘‘Sec. 4. Transition provisions. economically disadvantaged families, out-of- ‘‘Sec. 5. Privacy. workforce individuals, youth who are in, or Strike all after the enacting clause and in- ‘‘Sec. 6. Limitation. have aged out of, the foster care system, and sert the following: ‘‘Sec. 7. Special rule. homeless individuals.’’. SECTION 1. SHORT TITLE. ‘‘Sec. 8. Prohibitions. SEC. 7. DEFINITIONS. This Act may be cited as the ‘‘Strength- ‘‘Sec. 9. Authorization of appropriations. Section 3 (20 U.S.C. 2302) is amended— ening Career and Technical Education for ‘‘TITLE I—CAREER AND TECHNICAL EDU- (1) by striking paragraphs (10), (16), (23), the 21st Century Act’’. CATION ASSISTANCE TO THE STATES (24), (25), (26), and (32); SEC. 2. TABLE OF CONTENTS. ‘‘PART A—ALLOTMENT AND ALLOCATION (2) by redesignating paragraphs (8), (9), (11), The table of contents for this Act is as fol- (12), (13), (14), (15), (17), (18), (19), (20), (21), ‘‘Sec. 111. Reservations and State allotment. lows: (22), (27), (28), (29), (30), (31), (33), and (34) as ‘‘Sec. 112. Within State allocation. paragraphs (9), (10), (17), (18), (20), (21), (24), Sec. 1. Short title. ‘‘Sec. 113. Accountability. (28), (30), (31), (33), (34), (39), (44), (45), (48), Sec. 2. Table of contents. ‘‘Sec. 114. National activities. Sec. 3. References. (49), (50), (51), and (52), respectively; ‘‘Sec. 115. Assistance for the outlying areas. Sec. 4. Effective date. (3) in paragraph (2), by striking ‘‘, includ- ‘‘Sec. 116. Native American programs. Sec. 5. Table of contents of the Carl D. Per- ing information as described in section 118’’. ‘‘Sec. 117. Tribally controlled postsecondary kins Career and Technical Edu- (4) in paragraph (3)— career and technical institu- cation Act of 2006. (A) in subparagraph (B), by striking ‘‘5 dif- tions. Sec. 6. Purpose. ferent occupational fields to individuals who Sec. 7. Definitions. ‘‘PART B—STATE PROVISIONS are available for study in preparation for en- Sec. 8. Transition provisions. ‘‘Sec. 121. State administration. tering the labor market’’ and inserting ‘‘3

VerDate Sep 11 2014 03:28 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JY6.018 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE S5204 CONGRESSIONAL RECORD — SENATE July 23, 2018 different fields that are available to all stu- section 3 of the Workforce Innovation and and youth, and at-risk youth (as defined in dents, especially in high-skill, high-wage, or Opportunity Act (29 U.S.C. 3102).’’; section 1432 of the Elementary and Sec- in-demand industry sectors or occupations’’; (8) by inserting after paragraph (10) (as re- ondary Education Act of 1965 (20 U.S.C. and designated by paragraph (2)) the following: 6472)); (B) in subparagraph (D), by striking ‘‘not ‘‘(11) CREDIT TRANSFER AGREEMENT.—The ‘‘(iii) representatives of Indian tribes and fewer than 5 different occupational fields’’ term ‘credit transfer agreement’ means a Tribal organizations, where applicable; and inserting ‘‘not fewer than 3 different oc- formal agreement, such as an articulation ‘‘(iv) representatives of minority-serving cupational fields’’; agreement, among and between secondary institutions (as described in paragraphs (1) (5) in paragraph (5)— and postsecondary education institutions or through (7) of section 371(a) of the Higher (A) in subparagraph (A)— systems that grant students transcripted Education Act of 1965 (20 U.S.C. 1067q(a)), (i) by amending clause (i) to read as fol- postsecondary credit, which may include where applicable; lows: credit granted to students in dual or concur- ‘‘(v) representatives of special populations; ‘‘(i) provides individuals with rigorous aca- rent enrollment programs or early college ‘‘(vi) representatives of adult career and demic content and relevant technical knowl- high school, dual credit, articulated credit, technical education providers; or edge and skills needed to prepare for further and credit granted on the basis of perform- ‘‘(vii) other relevant community stake- education and careers in current or emerging ance on technical or academic assessments. holders.’’; professions, which may include high-skill, ‘‘(12) CTE CONCENTRATOR.—The term ‘CTE (10) by amending paragraph (20) (as redesig- high-wage, or in-demand industry sectors or concentrator’ means— nated by paragraph (2)) to read as follows: occupations, which shall be, at the secondary ‘‘(A) at the secondary school level, a stu- ‘‘(20) ELIGIBLE INSTITUTION.—The term ‘eli- level, aligned with the challenging State dent served by an eligible recipient who has gible institution’ means— academic standards adopted by a State under completed at least 2 courses in a single ca- ‘‘(A) a consortium of 2 or more of the enti- section 1111(b)(1) of the Elementary and Sec- reer and technical education program or pro- ties described in subparagraphs (B) through ondary Education Act of 1965;’’; gram of study; and (F); (ii) in clause (ii), by striking ‘‘, an indus- ‘‘(B) at the postsecondary level, a student ‘‘(B) a public or nonprofit private institu- try-recognized credential, a certificate, or an enrolled in an eligible recipient who has— tion of higher education that offers and will associate degree’’ and inserting ‘‘or a recog- ‘‘(i) earned at least 12 credits within a ca- nized postsecondary credential, which may reer and technical education program or pro- use funds provided under this title in support include an industry-recognized credential, a gram of study; or of career and technical education courses certificate, or an associate degree’’; and ‘‘(ii) completed such a program if the pro- that lead to technical skill proficiency or a (iii) in clause (iii), by striking ‘‘and’’ at the gram encompasses fewer than 12 credits or recognized postsecondary credential, includ- end; the equivalent in total. ing an industry-recognized credential, a cer- (B) in subparagraph (B)— ‘‘(13) CTE PARTICIPANT.—The term ‘CTE tificate, or an associate degree; (i) by inserting ‘‘, work-based, or other’’ participant’ means an individual who com- ‘‘(C) a local educational agency providing after ‘‘competency-based’’; pletes not less than one course in a career education at the postsecondary level; (ii) by striking ‘‘contributes to the’’ and and technical education program or program ‘‘(D) an area career and technical edu- inserting ‘‘supports the development of’’; of study of an eligible recipient. cation school providing education at the (iii) by striking ‘‘general’’; and ‘‘(14) DIRECTOR.—The term ‘Director’ postsecondary level; (iv) by striking the period at the end and means the Director of the Institute of Edu- ‘‘(E) an Indian Tribe, Tribal organization, inserting a semicolon; and cation Sciences. or Tribal education agency that operates a (C) by adding at the end the following: ‘‘(15) DUAL OR CONCURRENT ENROLLMENT school or may be present in the State; ‘‘(C) to the extent practicable, coordinate PROGRAM.—The term ‘dual or concurrent en- ‘‘(F) a postsecondary educational institu- between secondary and postsecondary edu- rollment program’ has the meaning given tion controlled by the Bureau of Indian Edu- cation programs through programs of study, the term in section 8101 of the Elementary cation or operated by or on behalf of any In- which may include coordination through ar- and Secondary Education Act of 1965. dian Tribe that is eligible to contract with ticulation agreements, early college high ‘‘(16) EARLY COLLEGE HIGH SCHOOL.—The the Secretary of the Interior for the adminis- school programs, dual or concurrent enroll- term ‘early college high school’ has the tration of programs under the Indian Self- ment program opportunities, or other credit meaning given the term in section 8101 of the Determination and Education Assistance Act transfer agreements that provide postsec- Elementary and Secondary Education Act of (25 U.S.C. 5301 et seq.) or the Act of April 16, ondary credit or advanced standing; and 1965.’’; 1934 (25 U.S.C. 5342 et seq.); ‘‘(D) may include career exploration at the (9) by inserting after paragraph (18) (as re- ‘‘(G) a tribally controlled college or uni- high school level or as early as the middle designated by paragraph (2)) the following: versity; or grades (as such term is defined in section ‘‘(19) ELIGIBLE ENTITY.—The term ‘eligible ‘‘(H) an educational service agency.’’; 8101 of the Elementary and Secondary Edu- entity’ means a consortium that includes the (11) in paragraph (21) (as redesignated by cation Act of 1965).’’; following: paragraph (2)), by inserting ‘‘an Indian Tribe, (6) in paragraph (7)— ‘‘(A) Representatives of not less than 2 of Tribal organization, or Tribal educational (A) in subparagraph (A)— the following categories of entities, 1 of agency’’ after ‘‘service agency,’’; (i) by striking ‘‘(and parents, as appro- which shall serve as the fiscal agent for the (12) by inserting after paragraph (21) (as re- priate)’’ and inserting ‘‘(and, as appropriate, consortium: designated by paragraph (2)) the following: parents and out-of-school youth)’’; ‘‘(i) A local educational agency or a con- ‘‘(22) ENGLISH LEARNER.—The term ‘English (ii) by inserting ‘‘exploration opportuni- sortium of such agencies. learner’ means— ties’’ after ‘‘regarding career awareness’’; ‘‘(ii) An educational service agency serving ‘‘(A) a secondary school student who is an and secondary school students. English learner, as defined in section 8101 of (iii) by striking ‘‘and’’ after the semicolon; ‘‘(iii) An area career and technical edu- the Elementary and Secondary Education (B) in subparagraph (B)— cation school or a consortium of such Act of 1965; or (i) by inserting ‘‘to students (and, as appro- schools. ‘‘(B) an adult or an out-of-school youth priate, parents and out-of-school youth)’’ ‘‘(iv) An Indian Tribe, Tribal organization, who has limited ability in speaking, reading, after ‘‘provides information’’; and or Tribal educational agency. writing, or understanding the English lan- (ii) by striking ‘‘financial aid,’’ and all ‘‘(v) An institution of higher education guage and— that follows through the end of the subpara- whose most common degree awarded is an ‘‘(i) whose native language is a language graph and inserting ‘‘financial aid, job train- associate degree, or a consortium of such in- other than English; or ing, secondary and postsecondary options stitutions. ‘‘(ii) who lives in a family environment or (including associate and baccalaureate de- ‘‘(vi) An institution of higher education community in which a language other than gree programs), dual or concurrent enroll- whose most common degree awarded is a English is the dominant language. ment programs, work-based learning oppor- bachelor’s or higher degree, or a consortium ‘‘(23) EVIDENCE-BASED.—The term ‘evi- tunities, early college high schools, financial of such institutions. dence-based’ has the meaning given the term literacy, and support services, as appro- ‘‘(vii) A State educational agency. in section 8101(21)(A) of the Elementary and priate; and’’; and ‘‘(B) One or more business or industry rep- Secondary Education Act of 1965.’’; (C) by adding at the end the following: resentative partners, which may include rep- (13) by inserting after paragraph (24) (as re- ‘‘(C) may provide assistance for special resentatives of local or regional businesses designated by paragraph (2)) the following: populations with respect to direct support or industries, including industry or sector ‘‘(25) HIGH SCHOOL.—The term ‘high school’ services that enable students to persist in partnerships in the local area, local work- has the meaning given the term in section and complete career and technical edu- force development boards, or labor organiza- 8101 of the Elementary and Secondary Edu- cation, programs of study, or career path- tions. cation Act of 1965. ways.’’; ‘‘(C) One or more stakeholders, which may ‘‘(26) IN-DEMAND INDUSTRY SECTOR OR OCCU- (7) by inserting after paragraph (7) the fol- include— PATION.—The term ‘in-demand industry sec- lowing: ‘‘(i) parents and students; tor or occupation’ has the meaning given the ‘‘(8) CAREER PATHWAYS.—The term ‘career ‘‘(ii) representatives of local agencies serv- term in section 3 of the Workforce Innova- pathways’ has the meaning given the term in ing out-of-school youth, homeless children tion and Opportunity Act (29 U.S.C. 3102).

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‘‘(27) INDIAN; INDIAN TRIBE.—The terms ‘In- party conducting the evaluation described in the evaluations used to improve the quality dian’ and ‘Indian Tribe’ have the meanings subclause (II). of professional development; given the terms ‘Indian’ and ‘Indian tribe’, ‘‘(B) EXCLUSION.—The term ‘pay for success ‘‘(ix) are designed to give educators of indi- respectively, in section 4 of the Indian Self- initiative’ does not include any initiative viduals with disabilities in career and tech- Determination and Education Assistance Act that— nical education programs or programs of (25 U.S.C. 5304).’’; ‘‘(i) reduces the special education or re- study the knowledge and skills to provide in- (14) by inserting after paragraph (28) (as related services that a student would other- struction and academic support services to designated by paragraph (2)) the following: wise receive under the Individuals with Dis- those individuals, including positive behav- ‘‘(29) INDUSTRY OR SECTOR PARTNERSHIP.— abilities Education Act; or ioral interventions and supports, multi-tier The term ‘industry or sector partnership’ has ‘‘(ii) otherwise reduces the rights of a stu- system of supports, and use of accommoda- the meaning given the term in section 3 of dent or the obligations of an entity under tions; the Workforce Innovation and Opportunity the Individuals with Disabilities Education ‘‘(x) include instruction in the use of data Act (29 U.S.C. 3102).’’; Act, the Rehabilitation Act of 1973 (29 U.S.C. and assessments to inform and instruct (15) by inserting after paragraph (31) (as re- 701 et seq.), the Americans with Disabilities classroom practice; designated by paragraph (2)) the following: Act of 1990 (42 U.S.C. 12101 et seq.), or any ‘‘(xi) include instruction in ways that edu- ‘‘(32) LOCAL WORKFORCE DEVELOPMENT other law.’’. cators may work more effectively with par- BOARD.—The term ‘local workforce develop- (18) in paragraph (39)(C) (as redesignated by ents and families; ment board’ means a local workforce devel- paragraph (2)), by striking ‘‘apprenticeship’’ ‘‘(xii) provide follow-up training to edu- opment board established under section 107 and inserting ‘‘other skilled training’’; cators who have participated in activities of the Workforce Innovation and Oppor- (19) by inserting after paragraph (39) (as re- described in this paragraph that are designed tunity Act (29 U.S.C. 3122).’’; designated by paragraph (2)) the following: to ensure that the knowledge and skills (16) in paragraph (33) (as redesignated by ‘‘(40) PROFESSIONAL DEVELOPMENT.—The learned by the educators are implemented in paragraph (2)), by striking ‘‘including’’ and term ‘professional development’ means ac- the classroom; inserting ‘‘such as’’; tivities that— ‘‘(xiii) promote the integration of aca- (17) by inserting after paragraph (34) (as re- ‘‘(A) are an integral part of eligible agency, demic knowledge and skills and relevant designated by paragraph (2)) the following: eligible recipient, institution, or school technical knowledge and skills, including ‘‘(35) OUT-OF-SCHOOL YOUTH.—The term strategies for providing educators (including programming jointly delivered to academic ‘out-of-school youth’ has the meaning given teachers, principals, other school leaders, ad- and career and technical education teachers; the term in section 3 of the Workforce Inno- ministrators, specialized instructional sup- or vation and Opportunity Act (29 U.S.C. 3102). port personnel, career guidance and aca- ‘‘(xiv) increase the ability of educators pro- ‘‘(36) OUT-OF-WORKFORCE INDIVIDUAL.—The demic counselors, and paraprofessionals) viding career and technical education in- term ‘out-of-workforce individual’ means— with the knowledge and skills necessary to struction to stay current with industry ‘‘(A) an individual who is a displaced home- enable students to succeed in career and standards. maker, as defined in section 3 of the Work- technical education, to meet challenging ‘‘(41) PROGRAM OF STUDY.—The term ‘pro- force Innovation and Opportunity Act (29 State academic standards under section gram of study’ means a coordinated, non- U.S.C. 3102); or 1111(b)(1) of the Elementary and Secondary duplicative sequence of academic and tech- ‘‘(B) an individual who— Education Act, or to achieve academic skills nical content at the secondary and postsec- ‘‘(i)(I) has worked primarily without remu- at the postsecondary level; and ondary level that— neration to care for a home and family, and ‘‘(B) are sustained (not stand-alone, 1-day, ‘‘(A) incorporates challenging State aca- for that reason has diminished marketable or short-term workshops), intensive, collabo- demic standards, including those adopted by skills; or rative, job-embedded, data-driven, and class- a State under section 1111(b)(1) of the Ele- ‘‘(II) is a parent whose youngest dependent room-focused, to the extent practicable evi- mentary and Secondary Education Act of child will become ineligible to receive assist- dence-based, and may include activities 1965; ance under part A of title IV of the Social that— ‘‘(B) addresses both academic and tech- Security Act (42 U.S.C. 601 et seq.) not later ‘‘(i) improve and increase educators’— nical knowledge and skills, including em- than 2 years after the date on which the par- ‘‘(I) knowledge of the academic and tech- ployability skills; ent applies for assistance under such title; nical subjects; ‘‘(C) is aligned with the needs of industries and ‘‘(II) understanding of how students learn; in the economy of the State, region, Tribal ‘‘(ii) is unemployed or underemployed and and community, or local area; is experiencing difficulty in obtaining or up- ‘‘(III) ability to analyze student work and ‘‘(D) progresses in specificity (beginning grading employment. achievement from multiple sources, includ- with all aspects of an industry or career ‘‘(37) PARAPROFESSIONAL.—The term ‘para- ing how to adjust instructional strategies, cluster and leading to more occupation-spe- professional’ has the meaning given the term assessments, and materials based on such cific instruction); in section 8101 of the Elementary and Sec- analysis; ‘‘(E) has multiple entry and exit points ondary Education Act of 1965. ‘‘(ii) are an integral part of eligible recipi- that incorporate credentialing; and ‘‘(38) PAY FOR SUCCESS INITIATIVE.— ents’ improvement plans; ‘‘(F) culminates in the attainment of a rec- ‘‘(A) IN GENERAL.—Subject to subparagraph ‘‘(iii) allow personalized plans for each edu- ognized postsecondary credential. (B), the term ‘pay for success initiative’ cator to address the educator’s specific needs ‘‘(42) QUALIFIED INTERMEDIARY.—The term means a performance-based grant, contract, identified in observation or other feedback; ‘qualified intermediary’ means a nonprofit or cooperative agreement awarded by a State ‘‘(iv) support the recruitment, hiring, and entity, which may be part of an industry or or local public entity (such as a local edu- training of effective educators, including sector partnership, that demonstrates exper- cational agency) to a public or private non- educators who became certified through tise in building, connecting, sustaining, and profit entity— State and local alternative routes to certifi- measuring partnerships with entities such as ‘‘(i) in which a commitment is made to pay cation; employers, schools, community-based orga- for improved outcomes that result in in- ‘‘(v) advance educator understanding of— nizations, postsecondary institutions, social creased public value and social benefit to ‘‘(I) effective instructional strategies that service organizations, economic development students and the public sector, such as im- are evidence-based; and organizations, Indian tribes or Tribal organi- proved student outcomes as evidenced by the ‘‘(II) strategies for improving student aca- zations, and workforce systems to broker indicators of performance described in sec- demic and technical achievement or substan- services, resources, and supports to youth tion 113(b)(2) and direct cost savings or cost tially increasing the knowledge and teaching and the organizations and systems that are avoidance to the public sector; and skills of educators; designed to serve youth, including— ‘‘(ii) that includes— ‘‘(vi) are developed with extensive partici- ‘‘(A) connecting employers to classrooms; ‘‘(I) a feasibility study on the initiative de- pation of educators, parents, students, and ‘‘(B) assisting in the design and implemen- scribing how the proposed intervention is representatives of Indian Tribes (as applica- tation of career and technical education pro- based on evidence of effectiveness; ble), of schools and institutions served under grams and programs of study; ‘‘(II) a rigorous, third-party evaluation this Act; ‘‘(C) delivering professional development; that uses experimental or quasi-experi- ‘‘(vii) are designed to give educators of stu- ‘‘(D) connecting students to internships mental design or other research methodolo- dents who are English learners in career and and other work-based learning opportunities; gies that allow for the strongest possible technical education programs or programs of and causal inferences to determine whether the study the knowledge and skills to provide in- ‘‘(E) developing personalized student sup- initiative has met its proposed outcomes; struction and appropriate language and aca- ports. ‘‘(III) an annual, publicly available report demic support services to those students, in- ‘‘(43) RECOGNIZED POSTSECONDARY CREDEN- on the progress of the initiative; and cluding the appropriate use of curricula and TIAL.—The term ‘recognized postsecondary ‘‘(IV) a requirement that payments are assessments; credential’ has the meaning given the term made to the recipient of a grant, contract, or ‘‘(viii) as a whole, are regularly evaluated in section 3 of the Workforce Innovation and cooperative agreement only when agreed for their impact on increased educator effec- Opportunity Act (29 U.S.C. 3102).’’; upon outcomes are achieved, except that the tiveness and improved student academic and (20) by inserting after paragraph (45) (as re- entity may make payments to the third technical achievement, with the findings of designated by paragraph (2)) the following:

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‘‘(46) SPECIALIZED INSTRUCTIONAL SUPPORT ment, or the receipt of any priority or pref- ‘‘(B) include and seek to address all com- PERSONNEL.—The term ‘specialized instruc- erence under such grant, contract, or cooper- ments submitted by members of Congress in tional support personnel’ has the meaning ative agreement, upon a State, local edu- the public rulemaking record for the regula- given the term in section 8101 of the Elemen- cational agency, eligible agency, eligible re- tion published in the Federal Register. tary and Secondary Education Act of 1965. cipient, eligible entity, or school’s adoption ‘‘(3) COMMENT AND REVIEW PERIOD; EMER- ‘‘(47) SPECIALIZED INSTRUCTIONAL SUPPORT or implementation of specific instructional GENCY SITUATIONS.—The comment and review SERVICES.—The term ‘specialized instruc- content, academic standards and assess- period for any proposed regulation shall be tional support services’ has the meaning ments, curricula, or program of instruction not less than 60 days unless an emergency re- given the term in section 8101 of the Elemen- (including any condition, priority, or pref- quires a shorter period, in which case the tary and Secondary Education Act of 1965.’’; erence to adopt the Common Core State Secretary shall— (21) in paragraph (48) (as redesignated by Standards developed under the Common Core ‘‘(A) designate the proposed regulation as paragraph (2))— State Standards Initiative, any other aca- an emergency with an explanation of the (A) in subparagraph (B), by striking ‘‘fos- demic standards common to a significant emergency in the notice to Congress under ter children’’ and inserting ‘‘low-income number of States, or any assessment, in- paragraph (1); youth and adults’’; structional content, or curriculum aligned to ‘‘(B) publish the length of the comment (B) by striking subparagraph (E) and in- such standards); and review period in such notice and in the serting the following: ‘‘(2) through grants, contracts, or other co- Federal Register; and ‘‘(E) out-of-workforce individuals;’’; operative agreements, to mandate, direct, or ‘‘(C) conduct immediately thereafter re- (C) in subparagraph (F), by striking ‘‘indi- control a State, local educational agency, el- gional meetings to review such proposed reg- viduals with limited English proficiency.’’ igible agency, eligible recipient, eligible en- ulation before issuing any final regulation.’’. tity, or school’s specific instructional con- and inserting ‘‘English learners;’’; and SEC. 10. AUTHORIZATION OF APPROPRIATIONS. (D) by adding at the end the following: tent, academic standards and assessments, ‘‘(G) homeless individuals described in sec- curricula, or program of instruction (includ- Section 9 (20 U.S.C. 2307) is amended to tion 725 of the McKinney-Vento Homeless ing any requirement, direction, or mandate read as follows: Assistance Act (42 U.S.C. 11434a); to adopt the Common Core State Standards ‘‘SEC. 9. AUTHORIZATION OF APPROPRIATIONS. developed under the Common Core State ‘‘(H) youth who are in, or have aged out of, ‘‘There are authorized to be appropriated the foster care system; and Standards Initiative, any other academic standards common to a significant number to carry out this Act (other than sections 114 ‘‘(I) youth with a parent who— and 117)— ‘‘(i) is a member of the armed forces (as of States, or any assessment, instructional content, or curriculum aligned to such ‘‘(1) $1,229,568,538 for fiscal year 2019; such term is defined in section 101(a)(4) of ‘‘(2) $1,246,782,498 for fiscal year 2020; title 10, United States Code); and standards); or ‘‘(3) except as required under sections ‘‘(3) $1,264,237,452 for fiscal year 2021; ‘‘(ii) is on active duty (as such term is de- ‘‘(4) $1,281,936,777 for fiscal year 2022; fined in section 101(d)(1) of such title).’’; 112(b), 211(b), and 223— ‘‘(A) to mandate, direct, or control the al- ‘‘(5) $1,299,883,892 for fiscal year 2023; and (22) in paragraph (50) (as redesignated by ‘‘(6) $1,318,082,266 for fiscal year 2024.’’. paragraph (2)), by inserting ‘‘(including para- location of State or local resources; or professionals and specialized instructional ‘‘(B) to mandate that a State or a political TITLE I—CAREER AND TECHNICAL support personnel)’’ after ‘‘supportive per- subdivision of a State spend any funds or EDUCATION ASSISTANCE TO THE STATES incur any costs not paid for under this Act.’’; sonnel’’; PART A—ALLOTMENT AND ALLOCATION (23) in paragraph (52) (as redesignated by (2) by amending subsection (d) to read as paragraph (2))— follows: SEC. 110. RESERVATIONS AND STATE ALLOT- ‘‘(d) RULE OF CONSTRUCTION.—Nothing in MENT. (A) in subparagraph (A), by striking ‘‘In- this section affects the applicability of sub- dian tribe or Indian tribes’’ and inserting Section 111 (20 U.S.C. 2321) is amended to chapter II of chapter 5, and chapter 7, of title ‘‘Indian Tribe or Indian Tribes’’; and read as follows: 5, United States Code, (commonly known as (B) in subparagraph (D)— the ‘‘Administrative Procedure Act’’) or ‘‘SEC. 111. RESERVATIONS AND STATE ALLOT- (i) by striking ‘‘tribal’’ and inserting chapter 8 of title 5, United States Code, com- MENT. ‘‘Tribal’’; and monly known as the ‘‘Congressional Review ‘‘(a) RESERVATIONS AND STATE ALLOT- (ii) by inserting ‘‘or tribal lands’’ after Act’’).’’; and MENT.— ‘‘reservations’’; and (3) by adding at the end the following: ‘‘(1) RESERVATIONS.—From the amount ap- (24) by adding at the end the following: ‘‘(f) CONGRESSIONAL NOTICE AND COM- propriated under section 9 for each fiscal ‘‘(53) TRIBAL ORGANIZATION.—The term MENT.— year, the Secretary shall reserve— ‘Tribal organization’ has the meaning given ‘‘(1) NOTICE TO CONGRESS.—Not less than 15 ‘‘(A) 0.13 percent to carry out section 115; the term ‘tribal organization’ in section 4 of business days prior to issuing a notice of pro- and the Indian Self-Determination and Edu- posed rulemaking related to this Act in the ‘‘(B) 1.50 percent to carry out section 116, cation Assistance Act (25 U.S.C. 5304). Federal Register, the Secretary shall provide of which— ‘‘(54) UNIVERSAL DESIGN FOR LEARNING.— to the Committee on Health, Education, ‘‘(i) 1.25 percent of the sum shall be avail- The term ‘universal design for learning’ has Labor, and Pensions of the Senate, the Com- able to carry out section 116(b); and the meaning given the term in section 8101 of mittee on Education and the Workforce of ‘‘(ii) 0.25 percent of the sum shall be avail- the Elementary and Secondary Education the House of Representatives, and other rel- able to carry out section 116(h). Act of 1965. evant congressional committees, notice of ‘‘(2) FOUNDATIONAL GRANT.— ‘‘(55) WORK-BASED LEARNING.—The term the Secretary’s intent to issue a notice of ‘‘(A) IN GENERAL.—From the remainder of ‘work-based learning’ means sustained inter- proposed rulemaking that shall include— the amount appropriated under section 9 and actions with industry or community profes- ‘‘(A) a copy of the proposed regulation; not reserved under paragraph (1) for a fiscal sionals in real workplace settings, to the ex- ‘‘(B) the need to issue the regulation; year, the Secretary shall allot to a State for tent practicable, or simulated environments ‘‘(C) a description of how the regulation is the fiscal year an amount equal to the at an educational institution that foster inconsistent with the scope of this Act; amount the State received in fiscal year 2018. depth, firsthand engagement with the tasks ‘‘(D) the anticipated burden (including the ‘‘(B) RATABLE REDUCTION.—If for any fiscal required in a given career field, that are time, cost, and paperwork burden) the regu- year the amount appropriated for allotments aligned to curriculum and instruction.’’. lation will impose on an eligible agency, in- under this section is insufficient to satisfy SEC. 8. TRANSITION PROVISIONS. stitution, or recipient that may be impacted the provisions of subparagraph (A), the pay- Section 4 (20 U.S.C. 2303) is amended— by the regulation, including the potential ments to all States under such subparagraph (1) by striking ‘‘the Secretary determines impact on rural areas; shall be ratably reduced. to be appropriate’’ and inserting ‘‘are nec- ‘‘(E) the anticipated benefits to an eligible ‘‘(3) ADDITIONAL FUNDS.—Subject to para- essary’’; agency, institution, or recipient that may be graph (4), from the additional funds remain- (2) by striking ‘‘Carl D. Perkins Career and impacted by the regulation, including in ing from the amount appropriated under sec- Technical Education Improvement Act of rural areas; and tion 9 and not expended under paragraphs (1) 2006’’ each place it appears and inserting ‘‘(F) any regulations that will be repealed and (2) for a fiscal year, the Secretary shall ‘‘Strengthening Career and Technical Edu- when the new regulation is issued. allot to a State for the fiscal year— cation for the 21st Century Act’’; and ‘‘(2) COMMENT PERIOD FOR CONGRESS.—The ‘‘(A) an amount that bears the same ratio (3) by striking ‘‘1998’’ and inserting ‘‘2006’’. Secretary shall— to 50 percent of the sum being allotted as the SEC. 9. PROHIBITIONS. ‘‘(A) before issuing any notice of proposed product of the population aged 15 to 19, in- Section 8 (20 U.S.C. 2306a) is amended— rulemaking under this subsection, provide clusive, in the State in the fiscal year pre- (1) in subsection (a), by striking ‘‘Federal Congress with a comment period of 15 busi- ceding the fiscal year for which the deter- Government to mandate,’’ and all that fol- ness days to make comments on the pro- mination is made and the State’s allotment lows through the period at the end and in- posed regulation, beginning on the date that ratio bears to the sum of the corresponding serting ‘‘Federal Government— the Secretary provides the notice of intent products for all the States; ‘‘(1) to condition or incentivize the receipt to the appropriate committees of Congress ‘‘(B) an amount that bears the same ratio of any grant, contract, or cooperative agree- under paragraph (1); and to 20 percent of the sum being allotted as the

VerDate Sep 11 2014 03:28 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JY6.019 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE July 23, 2018 CONGRESSIONAL RECORD — SENATE S5207 product of the population aged 20 to 24, in- part of the State’s allotment for the year in grams, practices, and strategies, which may clusive, in the State in the fiscal year pre- which the amount is obligated. include programs, practices, and strategies ceding the fiscal year for which the deter- ‘‘(c) ALLOTMENT RATIO.— that prepare individuals for nontraditional mination is made and the State’s allotment ‘‘(1) IN GENERAL.—The allotment ratio for fields; or ratio bears to the sum of the corresponding any State shall be 1.00 less the product of— ‘‘(B) promote the development, implemen- products for all the States; ‘‘(A) 0.50; and tation, and adoption of programs of study or ‘‘(C) an amount that bears the same ratio ‘‘(B) the quotient obtained by dividing the career pathways aligned with State-identi- to 15 percent of the sum being allotted as the per capita income for the State by the per fied high-skill, high-wage, or in-demand oc- product of the population aged 25 to 65, in- capita income for all the States (exclusive of cupations or industries.’’. clusive, in the State in the fiscal year pre- the Commonwealth of Puerto Rico and the SEC. 112. ACCOUNTABILITY. ceding the fiscal year for which the deter- United States Virgin Islands), except that— Section 113 (20 U.S.C. 2323) is amended— mination is made and the State’s allotment ‘‘(i) the allotment ratio in no case shall be (1) in subsection (b)— ratio bears to the sum of the corresponding more than 0.60 or less than 0.40; and (A) in the subsection heading, by inserting products for all the States; and ‘‘(ii) the allotment ratio for the Common- ‘‘DETERMINED’’ after ‘‘STATE’’; ‘‘(D) an amount that bears the same ratio wealth of Puerto Rico and the United States (B) in paragraph (1)— to 15 percent of the sum being allotted as the Virgin Islands shall be 0.60. (i) in the matter preceding subparagraph amounts allotted to the State under sub- ‘‘(2) PROMULGATION.—The allotment ratios (A), by inserting ‘‘State determined’’ before paragraphs (A), (B), and (C) for such years shall be promulgated by the Secretary for ‘‘performance’’; bears to the sum of the amounts allotted to each fiscal year between October 1 and De- (ii) by striking subparagraph (B) and redes- all the States under subparagraphs (A), (B), cember 31 of the fiscal year preceding the fis- ignating subparagraph (C) as subparagraph and (C) for such year. cal year for which the determination is (B); ‘‘(4) MINIMUM ALLOTMENT FOR YEARS WITH made. Allotment ratios shall be computed on (iii) in subparagraph (A), by inserting ADDITIONAL FUNDS.— the basis of the average of the appropriate ‘‘and’’ after the semicolon; and ‘‘(A) IN GENERAL.—Subject to subparagraph per capita incomes for the 3 most recent con- (iv) in subparagraph (B), as so redesig- (B), for a fiscal year for which there are addi- secutive fiscal years for which satisfactory nated— tional funds described in paragraph (3), no data are available. (I) by striking ‘‘a State adjusted level of State shall receive for such fiscal year under ‘‘(3) DEFINITION OF PER CAPITA INCOME.—For performance’’ and inserting ‘‘a State deter- paragraph (3) less than 1/2 of 1 percent of the the purpose of this section, the term ‘per mined level of performance’’; and additional funds available for such fiscal capita income’ means, with respect to a fis- (II) by striking ‘‘, and State levels of per- year. Amounts necessary for increasing such cal year, the total personal income in the formance described in paragraph (3)(B) for payments to States to comply with the pre- calendar year ending in such year, divided by each additional indicator of performance’’; ceding sentence shall be obtained by ratably the population of the area concerned in such and reducing the amounts to be paid to other year. (C) by striking paragraph (2) and inserting States. ‘‘(4) POPULATION DETERMINATION.—For the the following: ‘‘(B) SPECIAL RULE.—In the case of a quali- purposes of this section, population shall be ‘‘(2) INDICATORS OF PERFORMANCE.— fying State, the minimum allotment under determined by the Secretary on the basis of ‘‘(A) CORE INDICATORS OF PERFORMANCE FOR subparagraph (A) for a fiscal year for the the latest estimates available to the Depart- CTE CONCENTRATORS AT THE SECONDARY qualifying State shall be the lesser of— ment of Education. LEVEL.—Each eligible agency shall identify in the State plan core indicators of perform- ‘‘(i) 1/2 of 1 percent of the additional funds ‘‘(d) DEFINITION OF STATE.—For the purpose available for such fiscal year; and of this section, the term ‘State’ means each ance for CTE concentrators at the secondary ‘‘(ii) the product of— of the several States of the United States, level that are valid and reliable, and that include, at a minimum, measures of each of ‘‘(I) 1/3 of the additional funds; multiplied the District of Columbia, the Commonwealth the following: by of Puerto Rico, and the United States Virgin ‘‘(i) The percentage of CTE concentrators ‘‘(II) the quotient of— Islands.’’. who graduate high school, as measured by— ‘‘(aa) the qualifying State’s ratio described SEC. 111. WITHIN STATE ALLOCATION. in subparagraph (C) for the fiscal year for ‘‘(I) the four-year adjusted cohort gradua- Section 112 (20 U.S.C. 2322) is amended— which the determination is made; divided by tion rate (defined in section 8101 of the Ele- (1) in subsection (a)— ‘‘(bb) the sum of all such ratios for all mentary and Secondary Education Act of (A) in paragraph (1), by striking ‘‘10 per- qualifying States for the fiscal year for 1965); and cent’’ and inserting ‘‘15 percent’’; which the determination is made. ‘‘(II) at the State’s discretion, the ex- (B) in paragraph (2)— ‘‘(C) RATIO.—For purposes of subparagraph tended-year adjusted cohort graduation rate (i) in subparagraph (A)— (B)(ii)(II)(aa), the ratio for a qualifying State defined in such section 8101. (I) by striking ‘‘1 percent’’ and inserting ‘‘2 for a fiscal year shall be 1.00 less the ‘‘(ii) CTE concentrator proficiency in the percent’’; quotient of— challenging State academic standards adopt- (II) by striking ‘‘State correctional institu- ‘‘(i) the amount the qualifying State is al- ed by the State under section 1111(b)(1) of the tions and institutions’’ and inserting ‘‘State lotted under paragraph (3) for the fiscal year; Elementary and Secondary Education Act of correctional institutions, juvenile justice fa- divided by 1965, as measured by the academic assess- cilities, and educational institutions’’; and ‘‘(ii) 1/2 of 1 percent of the amount appro- ments described in section 1111(b)(2) of such (III) by striking ‘‘and’’ after the semicolon; priated under paragraph (3) for the fiscal Act. and year for which the determination is made. ‘‘(iii) The percentage of CTE concentrators (ii) by inserting after subparagraph (B) the who, in the second quarter after exiting from ‘‘(D) DEFINITIONS.—In this paragraph, the following: secondary education, are in postsecondary term ‘qualifying State’ means a State (ex- ‘‘(C) an amount shall be made available for education or advanced training, military cept the United States Virgin Islands) that, the recruitment of special populations to en- service or a service program that receives as- for the fiscal year for which a determination roll in career and technical education pro- sistance under title I of the National and under this paragraph is made, would receive, grams, which shall be not less than the less- Community Service Act of 1990 (42 U.S.C. under the allotment formula under para- er of— 12511 et seq.), are volunteers as described in graph (3) (without the application of this ‘‘(i) an amount equal to 0.1 percent; or section 5(a) of the Peace Corps Act (22 U.S.C. paragraph), an amount that would be less ‘‘(ii) $50,000; and’’; 2504(a)), or are employed. than the amount the State would receive (C) in paragraph (3)(B), by striking ‘‘a local ‘‘(iv) Indicators of career and technical under subparagraph (A) for such fiscal year. plan;’’ and inserting ‘‘local applications;’’; education program quality as follows: ‘‘(b) REALLOTMENT.—If the Secretary determines that any amount of any State’s allot- and ‘‘(I) That shall include at least 1 of the fol- ment under subsection (a) for any fiscal year (2) in subsection (c), by striking ‘‘section lowing: will not be required for such fiscal year for 135’’ and all that follows through the end and ‘‘(aa) The percentage of CTE concentrators carrying out the activities for which such inserting ‘‘section 135— graduating from high school having attained amount has been allotted, the Secretary ‘‘(1) in— a recognized postsecondary credential. shall make such amount available for real- ‘‘(A) rural areas; ‘‘(bb) The percentage of CTE concentrators lotment. Any such reallotment among other ‘‘(B) areas with high percentages of CTE graduating from high school having attained States shall occur on such dates during the concentrators or CTE participants; postsecondary credits in the relevant career same year as the Secretary shall fix, and ‘‘(C) areas with high numbers of CTE con- and technical education program or program shall be made on the basis of criteria estab- centrators or CTE participants; and of study earned through a dual or concurrent lished by regulation. No funds may be real- ‘‘(D) areas with disparities or gaps in per- enrollment program or another credit trans- lotted for any use other than the use for formance as described in section fer agreement. which the funds were appropriated. Any 113(b)(3)(C)(ii)(II); and ‘‘(cc) The percentage of CTE concentrators amount reallotted to a State under this sub- ‘‘(2) in order to— graduating from high school having partici- section for any fiscal year shall remain ‘‘(A) foster innovation through the identi- pated in work-based learning. available for obligation during the suc- fication and promotion of promising and ‘‘(II) That may include any other measure ceeding fiscal year and shall be deemed to be proven career and technical education proof student success in career and technical

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education that is statewide, valid, and reli- of performance involved compare with the ‘‘(i) IN GENERAL.—Each eligible agency able, and comparable across the State. State levels of performance established for that receives an allotment under section 111 ‘‘(v) The percentage of CTE concentrators other States, considering factors including shall annually prepare and submit to the in career and technical education programs the characteristics of actual (as opposed to Secretary a report regarding— and programs of study that lead to non-tra- anticipated) CTE concentrators when the ‘‘(I) the progress of the State in achieving ditional fields. CTE concentrators entered the program, and the State determined levels of performance ‘‘(B) CORE INDICATORS OF PERFORMANCE FOR the services or instruction to be provided; on the core indicators of performance; and CTE CONCENTRATORS AT THE POSTSECONDARY ‘‘(ee) when being adjusted pursuant to ‘‘(II) the actual levels of performance for LEVEL.—Each eligible agency shall identify clause (ii), be higher than the average actual all CTE concentrators, and for each of the in the State plan core indicators of perform- performance of the 2 most recently com- subgroups of students, as described in sec- ance for CTE concentrators at the postsec- pleted program years, except in the case of tion 1111(h)(1)(C)(ii) of the Elementary and ondary level that are valid and reliable, and unanticipated circumstances that require re- Secondary Education Act of 1965, and special that include, at a minimum, measures of visions in accordance with clause (iii); and populations, as described in section 3(48). each of the following: ‘‘(ff) take into account the extent to which ‘‘(ii) DATA.—Except as provided in subpara- ‘‘(i) The percentage of CTE concentrators the State determined levels of performance graph (E), each eligible agency that receives who, during the second quarter after pro- advance the eligible agency’s goals, as set an allotment under section 111 shall— gram completion, remain enrolled in post- forth in the State plan. secondary education, are in advanced train- ‘‘(I) disaggregate data for each of the indi- ‘‘(ii) ALLOWABLE ADJUSTMENT OF STATE DE- ing, military service, or a service program cators of performance under paragraph (2)— TERMINED LEVELS OF PERFORMANCE FOR SUB- that receives assistance under title I of the ‘‘(aa) for subgroups of students, as de- SEQUENT YEARS.—Prior to the third program National and Community Service Act of 1990 scribed in section 1111(h)(1)(C)(ii) of the Ele- year covered by the State plan, each eligible (42 U.S.C. 12511 et seq.), are volunteers as de- mentary and Secondary Education Act of agency may revise the State determined lev- scribed in section 5(a) of the Peace Corps Act 1965, and special populations, as described in els of performance for any of the core indica- (22 U.S.C. 2504(a)), or are placed or retained section 3(48), that are served under this Act; tors of performance for the subsequent pro- in employment. and gram years covered by the State plan, and ‘‘(ii) The percentage of CTE concentrators ‘‘(bb) by the career and technical education who receive a recognized postsecondary cre- submit the revised State determined levels programs or programs of study of the CTE dential during participation in or within 1 of performance to the Secretary. If the eligi- concentrators, except that in a case in which year of program completion. ble agency adjusts any levels of performance, reporting by such program or program of ‘‘(iii) The percentage of CTE concentrators the eligible agency shall adjust those levels study is impractical, the data may be in career and technical education programs in accordance with clause (i), and address disaggregated by the career clusters of the and programs of study that lead to non-tra- written comments of stakeholders as de- CTE concentrators, if appropriate; ditional fields. scribed in subparagraph (B). The Secretary ‘‘(II) identify and quantify any disparities ‘‘(C) ALIGNMENT OF PERFORMANCE INDICA- shall approve those revised levels of perform- or gaps in performance on the State deter- TORS.—In developing core indicators of per- ance if those levels meet the requirements mined levels of performance under subpara- formance under subparagraphs (A) and (B), described in subclause (III) of clause (i). The graph (A) between any such subgroup or spe- an eligible agency shall, to the greatest ex- State determined adjusted levels of perform- cial population and the performance of all tent possible, align the indicators so that ance identified under this clause shall be CTE concentrators served by the eligible substantially similar information gathered considered to be the State determined levels agency under this Act, which shall include a for other State and Federal programs, or for of performance for the State for such years quantifiable description of the progress each any other purpose, may be used to meet the and shall be incorporated into the State such subgroup or special population of stu- requirements of this section.’’; plan. dents served by the eligible agency under ‘‘(iii) UNANTICIPATED CIRCUMSTANCES.—If (D) in paragraph (3)— this Act has made in meeting the State de- unanticipated circumstances arise in a State (i) in the paragraph heading, by inserting termined levels of performance; and or changes occur related to improvements in ‘‘DETERMINED’’ after ‘‘STATE’’; ‘‘(III) for CTE concentrators described in data or measurement approaches, the eligi- (ii) by amending subparagraph (A) to read paragraph (2)(A)(iii) and paragraph (2)(B)(i), ble agency, at the end of the program year, as follows: disaggregate data, to the extent such data is may revise the State determined levels of ‘‘(A) STATE DETERMINED LEVELS OF PER- available, by each of the following: performance required under this subpara- FORMANCE FOR CORE INDICATORS OF PERFORM- ‘‘(aa) Individuals enrolled in postsecondary graph. After public comment, as described in ANCE.— education (disaggregated by postsecondary subparagraph (B), the eligible agency shall ‘‘(i) IN GENERAL.— award level, including certificate, associate, ‘‘(I) LEVELS DETERMINED BY THE ELIGIBLE submit such revised levels of performance to or baccalaureate degree). AGENCY.—Each eligible agency, with input the Secretary with evidence supporting the ‘‘(bb) Individuals in advanced training. from eligible recipients, shall establish in revision. The Secretary shall approve any ‘‘(cc) Individuals in military service or a the State plan submitted under section 122, such revision if that revision meets the re- service program that receives assistance for each year covered by the State plan, quirements of clause (ii).’’; under title I of the National and Community State determined levels of performance for (iii) by striking subparagraph (B) and in- each of the core indicators described under serting the following: Service Act of 1990 (42 U.S.C. 12511 et seq.) or volunteers as described in section 5(a) of the subparagraphs (A) and (B) of paragraph (2) ‘‘(B) PUBLIC COMMENT.— for career and technical education activities ‘‘(i) IN GENERAL.—Each eligible agency Peace Corps Act (22 U.S.C. 2504(a)). authorized under this title. The level of per- shall develop the levels of performance under ‘‘(dd) Individuals in employment (including formance for a core indicator shall be the subparagraph (A) in consultation with the those individuals who are employed in a same for all CTE concentrators in the State. stakeholders identified in section high-skill, high-wage, or in-demand sector or ‘‘(II) TECHNICAL ASSISTANCE.—The Sec- 122(c)(1)(A). occupation). retary may assist an eligible agency in es- ‘‘(ii) WRITTEN COMMENTS.—Not less than 60 ‘‘(iii) NONDUPLICATION.—The Secretary tablishing the State determined levels of days prior to submission of the State plan, shall ensure that each eligible agency does performance under this subparagraph only at the eligible agency shall provide such stake- not report duplicative information under the request of that eligible agency. holders with the opportunity to provide writ- this section. ‘‘(III) REQUIREMENTS.—Such State deter- ten comments to the eligible agency, which ‘‘(iv) INFORMATION DISSEMINATION.—The mined levels of performance shall, at a min- shall be included in the State plan, regarding Secretary shall— imum— how the levels of performance described ‘‘(I) make the information contained in ‘‘(aa) be expressed in a percentage or nu- under subparagraph (A)— such reports available to the general public merical form, so as to be objective, quantifi- ‘‘(I) meet the requirements of the law; through a variety of formats, including elec- able, and measurable; ‘‘(II) support the improvement of perform- tronically through the Internet; ‘‘(bb) require the State to continually ance of all CTE concentrators, including sub- ‘‘(II) disseminate State-by-State compari- make meaningful progress toward improving groups of students, as described in section sons of the information contained in such re- the performance of all career and technical 1111(h)(1)(C)(ii) of the Elementary and Sec- ports; and education students, including the subgroups ondary Education Act of 1965, and special ‘‘(III) provide the appropriate committees of students described in section populations, as described in section 3(48); and of Congress with copies of such reports. 1111(h)(1)(C)(ii) of the Elementary and Sec- ‘‘(III) support the needs of the local edu- ‘‘(D) STATE DISSEMINATION OF ACTUAL LEV- ondary Education Act of 1965, and special cation and business community. ELS OF PERFORMANCE.—At the end of each populations, as described in section 3(48); and ‘‘(iii) ELIGIBLE AGENCY RESPONSE.—Each el- program year, the eligible agency shall dis- ‘‘(cc) have been subject to the public com- igible agency shall provide, in the State seminate the actual levels of performance ment process described in subparagraph (B), plan, a written response to the comments described in subparagraph (C)(i)(II)— and the eligible agency has provided a writ- provided by stakeholders under clause (ii).’’; ‘‘(i) widely, including to students, parents, ten response; and and educators; ‘‘(dd) when being adjusted pursuant to (iv) by adding at the end the following: ‘‘(ii) through a variety of formats, includ- clause (ii), take into account how the levels ‘‘(C) STATE REPORT.— ing electronically through the Internet; and

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‘‘(iii) in user-friendly formats and lan- an agreement with the eligible agency, ad- ‘‘(v) AVAILABILITY.—The report described guages that are easily accessible, as deter- just the local levels of performance for any in clause (i) shall be made available by the mined by the eligible agency. of the core indicators of performance for the eligible recipient through a variety of for- ‘‘(E) RULES FOR REPORTING DATA.—The subsequent program years covered by the mats, including electronically through the disaggregation of data under this paragraph local application, in accordance with that Internet, to students, parents, educators, and shall not be required when the number of agreement and with this subparagraph. The the public, and the information contained in students in a category is insufficient to yield local adjusted levels of performance agreed such report shall be in a format that is un- statistically reliable information or when to under this clause shall be considered to be derstandable and uniform, and to the extent the results would reveal personally identifi- the local levels of performance for the eligi- practicable, provided in a language that stu- able information about an individual stu- ble recipient for such years and shall be in- dents, parents, and educators can under- dent.’’; and corporated into the local application.’’; and stand.’’; and (E) in paragraph (4)— (VI) in clause (v), as redesignated by sub- (2) by striking subsection (c). (i) in subparagraph (A)— clause (II), by striking ‘‘If unanticipated cir- SEC. 113. NATIONAL ACTIVITIES. (I) in the subparagraph heading, by strik- cumstances arise with respect to an eligible Section 114 (20 U.S.C. 2324) is amended— ing ‘‘ADJUSTED’’; recipient resulting in a significant change in (1) in subsection (a)(1)— (II) by striking clauses (iii) and (v), and re- the factors described in clause (v), the eligi- (A) by striking ‘‘The Secretary shall’’ the designating clauses (iv) and (vi) as clauses ble recipient may request that the local ad- first place it appears and inserting ‘‘The Sec- (iii) and (v), respectively; justed levels of performance agreed to under retary shall, in consultation with the Direc- (III) in clause (i)— clause (iii) or (iv) be revised.’’ and inserting tor,’’; and (aa) in the matter preceding subclause (I)— ‘‘If unanticipated circumstances arise, or (B) by inserting ‘‘from eligible agencies (AA) by striking ‘‘State adjusted levels changes occur related to improvements in under section 113(b)(3)(C)’’ after ‘‘pursuant to of performance’’ and inserting ‘‘State deter- data or measurement approaches, the eligi- this title’’; mined levels of performance for each year of ble recipient may request that the local lev- (2) by amending subsection (b) to read as the plan’’; and els of performance agreed to under clauses (i) follows: (BB) by striking ‘‘local adjusted levels’’ and (iii) be revised.’’; ‘‘(b) REASONABLE COST.—The Secretary and inserting ‘‘local levels’’ each place the (ii) by striking subparagraph (B) and redes- term appears; ignating subparagraph (C) as subparagraph shall take such action as may be necessary (bb) in subclause (I)— (B); and to secure at reasonable cost the information (AA) by striking ‘‘consistent with the (iii) in subparagraph (B), as redesignated required by this title. To ensure reasonable State levels of performance established by clause (ii)— cost, the Secretary, in consultation with the under paragraph (3), so as’’ and inserting (I) in clause (i), by striking ‘‘the data de- National Center for Education Statistics and ‘‘consistent with the form expressed in the scribed in clause (ii)(I), regarding the the Office of Career, Technical, and Adult State determined levels, so as’’; and progress of such recipient in achieving the Education shall determine the methodology (BB) by striking ‘‘and’’ after the semi- local adjusted levels of performance’’ and in- to be used and the frequency with which such colon; and serting ‘‘the data on the actual performance information is to be collected.’’; (cc) in subclause (II), by striking ‘‘contin- levels described in clause (ii), including the (3) in subsection (c)— ually make progress toward improving the progress of such recipient in achieving the (A) in paragraph (1), by striking ‘‘Sec- performance of career and technical edu- local levels of performance’’; retary may’’ and inserting ‘‘Secretary cation students.’’ and inserting ‘‘continually (II) in clause (ii)— shall’’; make meaningful progress toward improving (aa) in subclause (I)— (B) in paragraph (2)— the performance of all CTE concentrators, (AA) by striking ‘‘section 1111(h)(1)(C)(i)’’ (i) in subparagraph (B), by inserting ‘‘, act- including subgroups of students described in and inserting ‘‘section 1111(h)(1)(C)(ii)’’; ing through the Director,’’ after ‘‘describe section 1111(h)(1)(C)(ii) of the Elementary (BB) by striking ‘‘section 3(29)’’ and in- how the Secretary’’; and and Secondary Education Act of 1965 and serting ‘‘section 3(48)’’; and (ii) in subparagraph (C), by inserting ‘‘, in special populations, as described in section (CC) by striking ‘‘and’’ after the semi- consultation with the Director,’’ after ‘‘Sec- 3(48);’’; and colon; and retary’’; (dd) by adding at the end the following: (bb) in subclause (II)— (4) in subsection (d)— ‘‘(III) when being adjusted as described in (AA) by inserting ‘‘, as described in para- (A) in paragraph (1)— clause (iii), be higher than the average ac- graph 3(C)(ii)(II),’’ after ‘‘gaps in perform- (i) in subparagraph (A)— tual performance levels of the previous 2 pro- ance’’; (I) by inserting ‘‘, acting through the Di- gram years, except in a case in which unan- (BB) by inserting ‘‘as described in sub- rector,’’ after ‘‘The Secretary’’; ticipated circumstances arise with respect to clause (I) (including special populations)’’ (II) by inserting ‘‘and the plan developed the eligible recipient and that eligible recipi- after ‘‘category of students’’; under subsection (c)’’ after ‘‘described in ent meets the requirements for revisions (CC) by striking ‘‘all students’’ and in- paragraph (2)’’; and under clause (iv); serting ‘‘all CTE concentrators’’; and (III) by striking ‘‘assessment’’ each place ‘‘(IV) when being adjusted as described in (DD) by adding at the end the following: such term appears and inserting ‘‘evalua- clause (iii), take into account how the local ‘‘(III) disaggregate data by the career and tion’’; levels of performance compare with the local technical education programs or programs of (ii) in subparagraph (B)— levels of performance established for other study of the CTE concentrators, except that (I) in clause (v), by striking ‘‘; and’’ and ineligible recipients, considering factors in- in a case in which reporting by such program serting a semicolon; cluding the characteristics of actual (as op- or program of study is impractical, the data (II) in clause (vi)— posed to anticipated) CTE concentrators at may be disaggregated by the career clusters (aa) by inserting ‘‘qualified’’ before ‘‘inter- the time those CTE concentrators entered of the CTE concentrators, if appropriate; and mediaries’’; and the program, and the services or instruction ‘‘(IV) for CTE concentrators described in (bb) by striking the period at the end and to be provided; and paragraph (2)(A)(iii) and paragraph (2)(B)(i), inserting ‘‘, which may include individuals ‘‘(V) set the local levels of performance disaggregate data, to the extent such data is with expertise in addressing inequities in ac- using valid and reliable data that measures— available, by each of the following: cess to, and in opportunities for, academic ‘‘(aa) the differences within the State in ‘‘(aa) Individuals enrolled in postsecondary and technical skill attainment;’’; and actual economic conditions (including dif- education (disaggregated by postsecondary (III) by adding at the end the following: ferences in unemployment rates and job award level, including certificate, associate, ‘‘(vii) representatives of Indian Tribes and losses or gains in particular industries); and or baccalaureate degree). Tribal organizations; and ‘‘(bb) the abilities of the State and the eli- ‘‘(bb) Individuals in advanced training. ‘‘(viii) representatives of special popu- gible recipient to collect and access valid, re- ‘‘(cc) Individuals in military service or a lations.’’; and liable, and cost-effective data.’’; service program that receives assistance (iii) in subparagraph (C)— (IV) in clause (ii)— under title I of the National and Community (I) by inserting ‘‘the Director,’’ after ‘‘the (aa) in the clause heading, by striking Service Act of 1990 (42 U.S.C. 12511 et seq.) or Secretary,’’; and ‘‘PLAN’’ and inserting ‘‘APPLICATION’’; volunteers as described in section 5(a) of the (II) by striking ‘‘assessment’’ and inserting (bb) by striking ‘‘plan’’ and inserting ‘‘ap- Peace Corps Act (22 U.S.C. 2504(a)). ‘‘evaluation’’; plication’’; and ‘‘(dd) Individuals in employment (including (B) in paragraph (2)— (cc) by striking ‘‘the first 2’’ and inserting those individuals who are employed in a (i) in the heading, by striking ‘‘AND AS- ‘‘each of the’’; high-skill, high-wage, or in-demand sector or SESSMENT’’; (V) by amending clause (iii), as redesig- occupation).’’; (ii) in subparagraph (A)— nated by subclause (II), to read as follows: (III) in clause (iii), by striking ‘‘subsection (I) by striking ‘‘subsection (e), the Sec- ‘‘(iii) ALLOWABLE ADJUSTMENTS OF LOCAL (c)(3)’’ and inserting ‘‘paragraph (3)(C)(iii)’’; retary’’ and inserting ‘‘subsection (f), the LEVELS OF PERFORMANCE FOR SUBSEQUENT (IV) in clause (iv), by striking ‘‘clause (ii)’’ Secretary, acting through the Director,’’; YEARS.—Prior to the third program year cov- and inserting ‘‘this paragraph’’; and (II) by striking ‘‘an independent evaluation ered by the local application, the eligible re- (V) by striking clause (v) and inserting the and assessment’’ and inserting ‘‘a series of cipient may, if the eligible recipient reaches following: research and evaluation initiatives for each

VerDate Sep 11 2014 03:28 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JY6.019 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE S5210 CONGRESSIONAL RECORD — SENATE July 23, 2018 year for which funds are appropriated to ‘‘(II) the implementation of programs of ing, and identifying the most successful carry out this Act, which are aligned with study; and methods for— the plan in subsection (c)(2),’’; ‘‘(III) coordination of planning and pro- ‘‘(I) eliminating inequities in access to, (III) by striking ‘‘Carl D. Perkins Career gram delivery with other relevant laws, in- and in opportunities for, learning, skill de- and Technical Education Improvement Act cluding the Workforce Innovation and Oppor- velopment, or effective teaching in career of 2006’’ and inserting ‘‘Strengthening Career tunity Act (29 U.S.C. 3101 et seq.) and the El- and technical education programs; and and Technical Education for the 21st Cen- ementary and Secondary Education Act of ‘‘(II) addressing the education, employ- tury Act’’; and 1965; ment, and training needs of CTE partici- (IV) by adding at the end the following: ‘‘(ix) changes in career and technical edu- pants, including special populations, in ca- ‘‘Whenever possible, data used for the eval- cation program accountability as described reer and technical education programs or uation for a fiscal year shall be data from in section 113 and any effects of such changes programs of study. the most recent fiscal year for which such on program delivery and program quality; ‘‘(ii) Research on, and evaluation of, the data are available, and from the 5-year pe- ‘‘(x) changes in student enrollment pat- impact of changes made by the Strength- riod preceding that fiscal year.’’; and terns; and ening Career and Technical Education for (iii) by amending subparagraph (B) to read ‘‘(xi) efforts to reduce disparities or per- the 21st Century Act, including State-by- as follows: formance gaps described in section State comparisons, where appropriate, of— ‘‘(B) CONTENTS.—The evaluation required 113(b)(3)(C)(ii)(II).’’; and ‘‘(I) the use of the needs assessment under under subparagraph (A) shall include descrip- (iv) in subparagraph (C)— section 134(c); tions and evaluations of— (I) in clause (i)— ‘‘(II) the implementation of programs of ‘‘(i) the extent and success of the integra- (aa) in the matter preceding subclause (I), study; tion of challenging State academic standards by inserting ‘‘, in consultation with the Di- ‘‘(III) how States have implemented provi- adopted under section 1111(b)(1) of the Ele- rector,’’ after ‘‘The Secretary’’; and sions of the Act, including both fiscal and mentary and Secondary Education Act of (bb) by striking subclauses (I) and (II) and programmatic elements; 1965 and career and technical education for inserting the following: ‘‘(IV) career and technical education fund- students participating in career and tech- ‘‘(I) not later than 2 years after the date of ing and finance models; and nical education programs, including a review enactment of the Strengthening Career and ‘‘(V) coordination with other relevant of the effect of such integration on the aca- Technical Education for the 21st Century laws, including the Workforce Innovation demic and technical proficiency achievement Act, an interim report regarding the evalua- and Opportunity Act (29 U.S.C. 3101 et seq.), of such students, including— tion and summary of research activities car- the Elementary and Secondary Education ‘‘(I) the number of such students that re- ried out under this section that builds on Act of 1965, and the Higher Education Act of ceive a regular high school diploma, as such studies and analyses existing as of such date 1965. term is defined under section 8101 of the Ele- of enactment; ‘‘(iii) Evidence-based research and analyses mentary and Secondary Education Act of ‘‘(II) not later than 4 years after the date that provide longitudinal information with 1965 or a State-defined alternative diploma of enactment of the Strengthening Career respect to career and technical education described in section 8101(25)(A)(ii)(I)(bb) of and Technical Education for the 21st Cen- programs and programs of study and student such Act; tury Act, a final report summarizing the achievement. ‘‘(II) the number of such students that are studies and analyses that relate to the eval- ‘‘(iv) The implementation of, evaluation of, high school students that receive a recog- uation and summary of research activities or evidence-based research of, innovative nized postsecondary credential; and carried out under this section; and methods that support high-quality imple- ‘‘(III) the number of such students that are ‘‘(III) a biennial update to such final report mentation of career and technical education high school students that earn credit toward for succeeding years.’’; programs and programs of study and student a recognized postsecondary credential; (II) in clause (ii), by inserting ‘‘the Direc- achievement related to career and technical ‘‘(ii) the extent to which career and tech- tor,’’ after ‘‘the President, the Secretary,’’ education, including— nical education programs and programs of each place the term appears; and ‘‘(I) creating or expanding dual or concur- study prepare students, including special (III) by adding after clause (ii) the fol- rent enrollment program activities and early populations, for subsequent employment in lowing: college high schools; high-skill, high-wage occupations (including ‘‘(iii) DISSEMINATION.—In addition to sub- ‘‘(II) awarding of academic credit or aca- those in which mathematics and science mitting the reports required under clause (i), demic alignment for industry recognized cre- skills are critical, which may include com- the Secretary shall disseminate the results dentials, competency-based education, or puter science), or for participation in post- of the evaluation widely and on a timely work-based learning; secondary education; basis in order to increase the understanding ‘‘(III) making available open, searchable, ‘‘(iii) employer involvement in, benefit among State and local officials and edu- and comparable information on the quality from, and satisfaction with, career and tech- cators of the effectiveness of programs and of industry recognized credentials, including nical education programs and programs of activities supported under the Act and of the the related skills or competencies, attain- study and career and technical education career and technical education programs and ment by CTE concentrators, related employ- students’ preparation for employment; programs of study that are most likely to ment and earnings outcomes, labor market ‘‘(iv) efforts to expand access to career and produce positive educational and employ- value, and use by employers; or technical education programs of study for all ment outcomes.’’; ‘‘(IV) initiatives to facilitate the transi- students; (C) in subparagraph (3)(A), by striking tion of sub-baccalaureate career and tech- ‘‘(v) innovative approaches to work-based ‘‘State adjusted levels of performance de- nical education students into baccalaureate learning programs that increase participa- scribed in section 113(b)’’ and inserting degree programs, including barriers affecting tion and alignment with employment in ‘‘State determined levels of performance de- rural students and special populations. high-growth industries, including in rural scribed in section 113(b), as long as such in- ‘‘(C) REPORT.—The institution or consor- and low-income areas; formation does not reveal any personally tium receiving a grant under this paragraph ‘‘(vi) the effectiveness of different delivery identifiable information’’; and shall annually prepare a report containing systems and approaches for career and tech- (D) by striking paragraphs (4) and (5) and information about the key research findings nical education, including comprehensive inserting the following: of such entity under this paragraph and shall high schools, technical high schools, area ‘‘(4) RESEARCH.— submit copies of the report to the Secretary technical centers, career academies, commu- ‘‘(A) IN GENERAL.—From amounts made and the Director. The Secretary shall submit nity and technical colleges, early college available under subsection (f), the Secretary, copies of the report to the relevant commit- high schools, pre-apprenticeship programs, after consultation with the Director, the tees of Congress, the Library of Congress, voluntary after-school programs, and indi- Commissioner for Education Research, and and each eligible agency. vidual course offerings, including dual or the States, and with input from the inde- ‘‘(D) DISSEMINATION.—The institution or concurrent enrollment program courses, as pendent advisory panel established under consortium receiving a grant under this well as communication strategies for pro- subsection (d)(1)(A), shall award a grant, paragraph shall conduct dissemination and moting career and technical education op- contract, or cooperative agreement, on a training activities based on the research car- portunities involving teachers, school coun- competitive basis, to an institution of higher ried out under this paragraph on a timely selors, and parents or other guardians; education or to a consortium of one or more basis, including through dissemination net- ‘‘(vii) the extent to which career and tech- institutions of higher education and one or works and, as appropriate and relevant, technical education programs supported by this more private nonprofit organizations or nical assistance providers within the Depart- Act are grounded on evidence-based research; agencies, to carry out one or more of the ac- ment.’’; ‘‘(viii) the impact of the amendments to tivities described in subparagraph (B). (5) by redesignating subsection (e) as sub- this Act made under the Strengthening Ca- ‘‘(B) GRANT ACTIVITIES.—An institution or section (f); reer and Technical Education for the 21st consortium receiving a grant under this (6) by inserting after subsection (d) the fol- Century Act, including comparisons, where paragraph shall use grant funds to carry out lowing: appropriate, of— one or more of the following activities: ‘‘(e) INNOVATION AND MODERNIZATION.— ‘‘(I) the use of the comprehensive needs as- ‘‘(i) Evidence-based research and evalua- ‘‘(1) GRANT PROGRAM.—To identify, sup- sessment under section 134(c); tion for the purpose of developing, improv- port, and rigorously evaluate evidence-based

VerDate Sep 11 2014 03:28 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00096 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JY6.019 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE July 23, 2018 CONGRESSIONAL RECORD — SENATE S5211 and innovative strategies and activities to cipients proposing to fund career and tech- ‘‘(ii) increasing the effective use of tech- improve and modernize career and technical nical education activities that serve— nology within career and technical education education and align workforce skills with ‘‘(i) a local educational agency with an programs and programs of study; labor market needs as part of the State plan urban-centric district locale code of 32, 33, 41, ‘‘(iii) supporting new models for inte- under section 122 and local application under 42, or 43, as determined by the Secretary; grating academic content at the secondary section 134 and the requirements of this sub- ‘‘(ii) an institution of higher education pri- and postsecondary level in career and tech- section, the Secretary may use not more marily serving the one or more areas served nical education; or than 20 percent of the amounts appropriated by such a local educational agency; ‘‘(iv) integrating science, technology, engi- under subsection (f) to award grants to eligi- ‘‘(iii) a consortium of such local edu- neering, and mathematics fields, including ble entities, eligible institutions, or eligible cational agencies or such institutions of computer science education, with career and recipients to carry out the activities de- higher education; technical education. scribed in paragraph (7). ‘‘(iv) a partnership between— ‘‘(C) Improving the transition of students— ‘‘(2) NON-FEDERAL MATCH.— ‘‘(i) from secondary education to postsec- ‘‘(I) an educational service agency or a ‘‘(A) MATCHING FUNDS REQUIRED.—Except ondary education or employment through nonprofit organization; and as provided under subparagraph (B), to re- programs, activities, or services that may in- ‘‘(II) such a local educational agency or ceive a grant under this subsection, an eligi- clude the creation, development, or expan- ble entity, eligible institution, or eligible re- such an institution of higher education; or sion of dual or concurrent enrollment pro- cipient shall, through cash or in-kind con- ‘‘(v) a partnership between— grams, articulation agreements, credit tributions, provide matching funds from non- ‘‘(I) a grant recipient described in clause (i) transfer agreements, and competency-based Federal sources in an amount equal to not or (ii); and education; or less than 50 percent of the funds provided ‘‘(II) a State educational agency. ‘‘(ii) from the completion of one postsec- under such grant. ‘‘(B) EXCEPTION.—Notwithstanding sub- ondary program to another postsecondary ‘‘(B) EXCEPTION.—The Secretary may waive paragraph (A), the Secretary shall reduce the program that awards a recognized postsec- the matching fund requirement under sub- amount of funds made available under such ondary credential. paragraph (A) if the eligible entity, eligible clause if the Secretary does not receive a ‘‘(D) Supporting the development and en- institution, or eligible recipient dem- sufficient number of applications of suffi- hancement of innovative delivery models for onstrates exceptional circumstances. cient quality. career and technical education. ‘‘(3) APPLICATION.—To receive a grant ‘‘(6) DURATION.— ‘‘(E) Working with industry to design and under this subsection, an eligible entity, eli- ‘‘(A) IN GENERAL.—Grants awarded under implement courses or programs of study gible institution, or eligible recipient shall this subsection shall be for a period of not aligned to labor market needs in new or submit an application to the Secretary at more than 3 years. emerging fields. such time, in such manner, and containing ‘‘(B) EXTENSION.—The Secretary may ex- ‘‘(F) Supporting innovative approaches to such information as the Secretary may re- tend such grants for not more than 1 addi- career and technical education by rede- quire, including, at a minimum— tional 2-year period if the grantee dem- signing the high school experience for stu- ‘‘(A) an identification and designation of onstrates to the Secretary that the grantee dents, which may include evidence-based the agency, institution, or school responsible is achieving the grantee’s program objec- transitional support strategies for students for the administration and supervision of the tives and, as applicable, has improved edu- who have not met postsecondary education program assisted under this paragraph; cation outcomes for career and technical eligibility requirements. ‘‘(B) a description of the budget for the education students, including special popu- ‘‘(G) Creating or expanding recruitment, project, the source and amount of the match- lations. retention, or professional development ac- ing funds required under paragraph (2)(A), ‘‘(7) USES OF FUNDS.—An eligible entity, el- tivities for career and technical education and how the applicant will continue the igible institution, or eligible recipient that teachers, faculty, school leaders, administra- project after the grant period ends, if appli- is awarded a grant under this subsection tors, specialized instructional support per- cable; shall use the grant funds to create, develop, sonnel, career guidance and academic coun- ‘‘(C) a description of how the applicant will implement, replicate, or take to scale evi- selors, and paraprofessionals, which may in- use the grant funds, including how such dence-based, field-initiated innovations to clude— funds will directly benefit students, includ- modernize and improve effectiveness and ‘‘(i) providing resources and training to im- ing special populations, served by the appli- alignment of career and technical education prove instruction for, and provide appro- cant; and to improve student outcomes in career priate accommodations to, special popu- ‘‘(D) a description of how the program as- and technical education, and rigorously lations; sisted under this subsection will be coordi- evaluate such innovations, through one or ‘‘(ii) externships or site visits with busi- nated with the activities carried out under ness and industry; more of the following activities: section 124 or 135; ‘‘(iii) the integration of coherent and rig- ‘‘(A) Designing and implementing courses ‘‘(E) a description of how the career and orous academic content standards and career or programs of study aligned to labor market technical education programs or programs of and technical education curricula, including needs in new or emerging fields and working study to be implemented with grant funds through opportunities for appropriate aca- with industry to upgrade equipment, tech- reflect the needs of regional, State, or local demic and career and technical education employers, as demonstrated by the com- nology, and related curriculum used in ca- teachers to jointly develop and implement prehensive needs assessment under section reer and technical education programs, curricula and pedagogical strategies; 134(c); which is needed for the development, expan- ‘‘(iv) mentoring by experienced teachers; ‘‘(F) a description of how the program as- sion, and implementation of State-approved ‘‘(v) providing resources or assistance with sisted under this subsection will be evalu- career and technical education programs of meeting State teacher licensure and creden- ated and how that evaluation may inform study, including— tial requirements; or the report described in subsection (d)(2)(C); ‘‘(i) the development or acquisition of in- ‘‘(vi) training for career guidance and aca- and structional materials associated with the demic counselors at the secondary level to ‘‘(G) an assurance that the applicant will— equipment and technology purchased by an improve awareness of postsecondary edu- ‘‘(i) provide information to the Secretary, eligible entity, eligible institution, or eligi- cation and postsecondary career options, and as requested, for evaluations that the Sec- ble recipient through the grant; or improve the ability of such counselors to retary may carry out; and ‘‘(ii) efforts to expand, develop, or imple- communicate to students the career opportu- ‘‘(ii) make data available to third parties ment programs designed to increase opportunities and employment trends. for validation, in accordance with applicable nities for students to take rigorous courses ‘‘(H) Improving CTE concentrator employ- data privacy laws, including section 444 of in coding or computer science subject areas, ment outcomes in non-traditional fields. the General Education Provisions Act (20 and support for statewide efforts to increase ‘‘(I) Supporting the use of career and tech- U.S.C. 1232g, commonly known as the ‘Fam- access and implementation of coding or com- nical education programs and programs of ily Educational Rights and Privacy Act of puter science courses in order to meet local study in a coordinated strategy to address 1974’). labor market needs in occupations that re- identified employer needs and workforce ‘‘(4) PRIORITY.—In awarding grants under quire skills in those subject areas. shortages, such as shortages in the early this subsection, the Secretary shall give pri- ‘‘(B) Improving career and technical edu- childhood, elementary school, and secondary ority to applications from eligible entities, cation outcomes of students served by eligi- school education workforce. eligible institutions, or eligible recipients ble entities, eligible institutions, or eligible ‘‘(J) Providing integrated student support that will predominantly serve students from recipients through activities such as— that addresses the comprehensive needs of low-income families. ‘‘(i) supporting the development and en- students, such as incorporating accelerated ‘‘(5) GEOGRAPHIC DIVERSITY.— hancement of innovative delivery models for and differentiated learning opportunities ‘‘(A) IN GENERAL.—In awarding grants career and technical education related work- supported by evidence-based strategies for under this subsection, the Secretary shall based learning, including school-based simu- special populations. award no less than 25 percent of the total lated work sites, mentoring, work site visits, ‘‘(K) Establishing an online portal for ca- available funds for any fiscal year to eligible job shadowing, project-based learning, and reer and technical education students, in- entities, eligible institutions, or eligible re- skills-based and paid internships; cluding special populations, preparing for

VerDate Sep 11 2014 03:28 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00097 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JY6.019 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE S5212 CONGRESSIONAL RECORD — SENATE July 23, 2018 postsecondary career and technical edu- (iv) by striking ‘‘455–457’’ and inserting SEC. 117. OCCUPATIONAL AND EMPLOYMENT IN- cation, which may include opportunities for ‘‘5345–5347’’; FORMATION. mentoring, gaining financial literacy skills, (C) in paragraph (3)— Section 118 (20 U.S.C. 2328) is repealed. and identifying career opportunities and in- (i) in the paragraph heading, by striking PART B—STATE PROVISIONS terests, and a platform to establish online ‘‘BUREAU OF INDIAN AFFAIRS’’ and inserting SEC. 121. STATE ADMINISTRATION. savings accounts to be used exclusively for ‘‘BUREAU OF INDIAN EDUCATION’’; Section 121(a)(2) (20 U.S.C. 2341(a)(2)) is postsecondary career and technical edu- (ii) by striking ‘‘tribe’’ and inserting amended by striking ‘‘parents’’ and all that cation programs and programs of study. ‘‘Tribe’’; follows through the end of the paragraph and ‘‘(L) Developing and implementing a pay (iii) by striking ‘‘tribal’’ and inserting inserting ‘‘teachers, faculty, specialized infor success initiative. ‘‘Tribal’’; and structional support personnel, paraprofes- ‘‘(8) EVALUATION.—Each eligible entity, eli- (iv) by striking ‘‘Bureau of Indian Affairs’’ sionals, school leaders, authorized public gible institution, or eligible recipient receiv- and inserting ‘‘Bureau of Indian Education’’; chartering agencies and charter school leading a grant under this subsection shall pro- (D) in paragraph (4)— ers (consistent with State law), employers, vide for an independent evaluation of the ac- (i) by striking ‘‘Bureau of Indian Affairs’’ representatives of business (including small tivities carried out using such grant and sub- each place the term appears and inserting businesses), labor organizations, eligible remit to the Secretary an annual report that ‘‘Bureau of Indian Education’’; and cipients, local program administrators, includes— (ii) by striking ‘‘Assistant Secretary of the State and local officials, Indian Tribes or ‘‘(A) a description of how funds received Interior for Indian Affairs’’ and inserting Tribal organizations present in the State, under this paragraph were used; ‘‘Director of the Bureau of Indian Edu- parents, students, and community organiza- ‘‘(B) the performance of the eligible entity, cation’’; tions;’’. eligible institution, or eligible recipient with (E) in paragraph (5)(A), by striking ‘‘Indian respect to, at a minimum, the performance SEC. 122. STATE PLAN. tribes, tribal organizations, and individual Section 122 (20 U.S.C. 2342) is amended— indicators described under section 113, as ap- tribal members’’ and inserting ‘‘Indian plicable, and disaggregated by— (1) in subsection (a)— Tribes, Tribal organizations, and individual (A) in paragraph (1)— ‘‘(i) subgroups of students described in sec- Tribal members’’; and tion 1111(c)(2)(B) of the Elementary and Sec- (i) by striking ‘‘6-year period,’’ and insert- (F) in paragraph (6)— ing ‘‘4-year period, consistent with sub- ondary Education Act of 1965; (i) by striking ‘‘tribe’’ each place the term ‘‘(ii) special populations; and section (b) and paragraph (5),’’; and appears and inserting ‘‘Tribe’’; and (ii) by striking ‘‘Carl D. Perkins Career ‘‘(iii) as appropriate, each career and tech- (ii) by striking ‘‘tribal’’ each place the nical education program and program of and Technical Education Improvement Act term appears and inserting ‘‘Tribal’’; of 2006’’ and inserting ‘‘Strengthening Career study; and (3) in subsection (c)— ‘‘(C) a quantitative analysis of the effec- and Technical Education for the 21st Cen- (A) by redesignating paragraph (2) as para- tury Act’’; tiveness of the project carried out under this graph (3); and paragraph.’’; and (B) in paragraph (2)(B), by striking ‘‘6-year (B) by inserting after paragraph (1) the fol- period’’ and inserting ‘‘4-year period’’; (7) by amending subsection (f), as redesig- lowing: nated by paragraph (5), to read as follows: (C) in paragraph (3), by striking ‘‘(includ- ‘‘(2) SPECIAL RULE.—Notwithstanding sec- ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— ing charter school’’ and all that follows There are authorized to be appropriated to tion 3(5)(A)(iii), funds made available under through ‘‘and community organizations)’’ carry out this section— this section may be used to provide pre- and inserting ‘‘(including teachers, faculty, ‘‘(1) $7,651,051 for fiscal year 2019; paratory, refresher, and remedial education specialized instructional support personnel, ‘‘(2) $7,758,166 for fiscal year 2020; services that are designed to enable students paraprofessionals, school leaders, authorized ‘‘(3) $7,866,780 for fiscal year 2021; to achieve success in career and technical public chartering agencies and charter ‘‘(4) $7,976,915 for fiscal year 2022; education programs or programs of study.’’; school leaders (consistent with State law), ‘‘(5) $8,088,592 for fiscal year 2023; and (4) in subsection (d), by striking ‘‘tribe’’ employers, labor organizations, parents, stu- ‘‘(6) $8,201,832 for fiscal year 2024.’’. each place the term appears and inserting dents, Indian Tribes and Tribal organizations ‘‘Tribe’’; SEC. 114. ASSISTANCE FOR THE OUTLYING that may be present in the State, and com- AREAS. (5) in subsection (e)(1), by striking ‘‘tribal’’ munity organizations)’’; and Section 115 (20 U.S.C. 2325) is amended— and inserting ‘‘Tribal’’; (D) by adding at the end the following: (6) in subsection (f), by striking ‘‘tribe’’ (1) in subsection (a)(3), by striking ‘‘subject ‘‘(4) PUBLIC COMMENT.—Each eligible agen- to subsection (d)’’ and inserting ‘‘subject to and inserting ‘‘Tribe’’; and cy shall make the State plan publicly avail- subsection (b)’’; (7) in subsection (g), by striking ‘‘tribe’’ able for public comment for a period of not (2) by striking subsections (b) and (c); and each place the term appears and inserting less than 30 days, by electronic means and in (3) by redesignating subsection (d) as sub- ‘‘Tribe’’. an easily accessible format, prior to submis- section (b). SEC. 116. TRIBALLY CONTROLLED POSTSEC- sion to the Secretary for approval under this SEC. 115. NATIVE AMERICAN PROGRAMS. ONDARY CAREER AND TECHNICAL subsection. In the plan the eligible agency Section 116 (20 U.S.C. 2326) is amended— INSTITUTIONS. files under this subsection, the eligible agen- (1) in subsection (a)— Section 117 (20 U.S.C. 2327) is amended— cy shall provide an assurance that public (A) in paragraph (1), in the paragraph head- (1) in subsection (a)(2), by striking ‘‘(25 comments were taken into account in the de- ing, by striking ‘‘NATIVE’’ and inserting ‘‘NA- U.S.C. 640a et seq.)’’ and inserting ‘‘(Public velopment of the State plan. TIVE’’; Law 92–189; 85 Stat. 646)’’; ‘‘(5) OPTIONAL SUBMISSION OF SUBSEQUENT (B) by striking paragraph (3); (2) in subsection (d), by striking ‘‘(25 U.S.C. PLANS.—An eligible agency may, after the (C) by redesignating paragraphs (4) and (5) 640a et seq.)’’ and inserting ‘‘(Public Law 92– first 4-year State plan is submitted under as paragraphs (3) and (4), respectively; 189; 85 Stat. 646)’’; this section, submit subsequent 4-year plans (D) in paragraph (3) (as redesignated by (3) in subsection (f)(3), by striking ‘‘tribe’’ not later than 120 days prior to the end of subparagraph (C)), in the paragraph heading, each place the term appears and inserting the 4-year period covered by the preceding by striking ‘‘HAWAIIAN’’ and inserting ‘‘HA- ‘‘Tribe’’; State plan or, if an eligible agency chooses WAIIAN’’; and (4) in subsection (h)— not to submit a State plan for a subsequent (E) in paragraph (4) (as redesignated by (A) in the paragraph heading, by striking 4-year period, the eligible agency shall sub- subparagraph (C))— mit, and the Secretary shall approve, annual ‘‘INDIAN TRIBE’’ and inserting ‘‘INDIAN TRIBE’’; (i) in the paragraph heading, by striking and revisions to the State determined levels of ‘‘HAWAIIAN’’ and inserting ‘‘HAWAIIAN’’; and (B) by striking ‘‘terms ‘Indian’ and ‘Indian performance in the same manner as revisions (ii) by inserting ‘‘(20 U.S.C. 7517)’’ after tribe’ have the meanings given the terms in’’ submitted and approved under section ‘‘Act’’; and inserting ‘‘terms ‘Indian’ and ‘Indian 113(b)(3)(A)(ii).’’; and (2) in subsection (b)— Tribe’ have the meanings given the terms (2) by striking subsections (b) through (e) (A) in paragraph (1)— ‘Indian’ and ‘Indian tribe’, respectively, in’’; and inserting the following: (i) by striking ‘‘tribes’’ and inserting ‘‘(b) OPTIONS FOR SUBMISSION OF STATE and ‘‘Tribes’’; and PLAN.— (5) by striking subsection (i) and inserting (ii) by striking ‘‘tribal’’ and inserting ‘‘(1) COMBINED PLAN.—The eligible agency the following: ‘‘Tribal’’; may submit a combined plan that meets the (B) in paragraph (2)— ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— requirements of this section and the require- (i) by striking the paragraph heading and There are authorized to be appropriated to ments of section 103 of the Workforce Inno- inserting ‘‘INDIAN TRIBES AND TRIBAL ORGANI- carry out this section— vation and Opportunity Act (29 U.S.C. 3113). ZATIONS.—’’; ‘‘(1) $9,762,539 for fiscal year 2019; ‘‘(2) NOTICE TO SECRETARY.—The eligible (ii) by striking ‘‘Indian tribe or tribal orga- ‘‘(2) $9,899,215 for fiscal year 2020; agency shall inform the Secretary of wheth- nization’’ and inserting ‘‘Indian Tribe or ‘‘(3) $10,037,804 for fiscal year 2021; er the eligible agency intends to submit a Tribal organization’’; ‘‘(4) $10,178,333 for fiscal year 2022; combined plan described in paragraph (1) or (iii) by striking ‘‘450f’’ and inserting ‘‘(5) $10,320,829 for fiscal year 2023; and a single plan. ‘‘5321’’; and ‘‘(6) $10,465,321 for fiscal year 2024.’’. ‘‘(c) PLAN DEVELOPMENT.—

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‘‘(1) IN GENERAL.—The eligible agency the State’s career and technical education as internships, mentorships, simulated work shall— programs will help to meet these goals; environments, and other hands-on or in- ‘‘(A) develop the State plan in consultation ‘‘(3) a strategy for any joint planning, quiry-based learning activities; and with— alignment, coordination, and leveraging of ‘‘(vii) improve outcomes and reduce per- ‘‘(i) representatives of secondary and post- funds— formance gaps for CTE concentrators, in- secondary career and technical education ‘‘(A) between the State’s career and tech- cluding those who are members of special programs, including eligible recipients and nical education programs and programs of populations; and representatives of 2-year minority-serving study with the State’s workforce develop- ‘‘(D) how the eligible agency may include institutions and historically Black colleges ment system, to achieve the strategic vision the opportunity for secondary school stu- and universities and tribally controlled col- and goals described in paragraph (2), includ- dents to participate in dual or concurrent leges or universities in States where such ining the core programs defined in section 3 of enrollment programs, early college high stitutions are in existence, adult career and the Workforce Innovation and Opportunity school, or competency-based education; technical education providers, and charter Act (29 U.S.C. 3102) and the elements related ‘‘(5) a description of the criteria and proc- school representatives in States where such to system alignment under section ess for how the eligible agency will approve schools are in existence, which shall include 102(b)(2)(B) of such Act (29 U.S.C. eligible recipients for funds under this Act, teachers, faculty, school leaders, specialized 3112(b)(2)(B)); and including how— instructional support personnel, career and ‘‘(B) for programs carried out under this ‘‘(A) each eligible recipient will promote academic guidance counselors, and para- title with other Federal programs, which academic achievement; professionals; may include programs funded under the Ele- ‘‘(B) each eligible recipient will promote ‘‘(ii) interested community representa- mentary and Secondary Education Act of skill attainment, including skill attainment tives, including parents, students, and com- 1965 and the Higher Education Act of 1965; that leads to a recognized postsecondary cre- munity organizations; ‘‘(4) a description of the career and tech- dential; and ‘‘(iii) representatives of the State work- nical education programs or programs of ‘‘(C) each eligible recipient will ensure the force development board established under study that will be supported, developed, or comprehensive needs assessment under sec- section 101 of the Workforce Innovation and improved at the State level, including de- tion 134(c) takes into consideration local Opportunity Act (29 U.S.C. 3111) (referred to scriptions of— economic and education needs, including, in this section as the ‘State board’); ‘‘(A) the programs of study to be developed where appropriate, in-demand industry sec- ‘‘(iv) members and representatives of spe- at the State level and made available for tors and occupations; cial populations; adoption by eligible recipients; ‘‘(6) a description of how the eligible agen- ‘‘(v) representatives of business and indus- ‘‘(B) the process and criteria to be used for cy will support the recruitment and prepara- try (including representatives of small busi- approving locally developed programs of tion of teachers, including special education ness), which shall include representatives of study or career pathways, including how teachers, faculty, school principals, adminis- industry and sector partnerships in the such programs address State workforce de- trators, specialized instructional support State, as appropriate, and representatives of velopment and education needs and the cri- personnel, and paraprofessionals to provide labor organizations in the State; teria to assess the extent to which the local career and technical education instruction, ‘‘(vi) representatives of agencies serving application under section 132 will— leadership, and support, including profes- ‘‘(i) promote continuous improvement in sional development that provides the knowl- out-of-school youth, homeless children and academic achievement and technical skill edge and skills needed to work with and im- youth, and at-risk youth, including the attainment; prove instruction for special populations; State Coordinator for Education of Homeless ‘‘(ii) expand access to career and technical ‘‘(7) a description of how the eligible agen- Children and Youths established or des- education for special populations; and cy will use State leadership funds under sec- ignated under section 722(d)(3) of the McKin- ‘‘(iii) support the inclusion of employ- tion 124; ney-Vento Homeless Assistance Act (42 ability skills in programs of study and career ‘‘(8) a description of how funds received by U.S.C. 11432(d)(3)); pathways; the eligible agency through the allotment ‘‘(vii) representatives of Indian Tribes and ‘‘(C) how the eligible agency will— made under section 111 will be distributed— Tribal organizations located in, or providing ‘‘(i) make information on approved pro- ‘‘(A) among career and technical education services in, the State; and grams of study and career pathways (includ- at the secondary level, or career and tech- ‘‘(viii) individuals with disabilities; and ing career exploration, work-based learning nical education at the postsecondary and ‘‘(B) consult the Governor of the State, and opportunities, early college high schools, and adult level, or both, including how such dis- the heads of other State agencies with au- dual or concurrent enrollment program op- tribution will most effectively provide stu- thority for career and technical education portunities) and guidance and advisement re- dents with the skills needed to succeed in programs that are not the eligible agency, sources, available to students (and parents, the workplace; and with respect to the development of the State as appropriate), representatives of secondary ‘‘(B) among any consortia that may be plan. and postsecondary education, and special formed among secondary schools and eligible ‘‘(2) ACTIVITIES AND PROCEDURES.—The eli- populations, and to the extent practicable, institutions, and how funds will be distrib- gible agency shall develop effective activi- provide that information and those resources uted among the members of the consortia, ties and procedures, including access to in- in a language students, parents, and edu- including the rationale for such distribution formation needed to use such procedures, to cators can understand; and how it will most effectively provide stu- allow the individuals and entities described ‘‘(ii) facilitate collaboration among eligi- dents with the skills needed to succeed in in paragraph (1) to participate in State and ble recipients in the development and coordi- the workplace; local decisions that relate to development of nation of career and technical education pro- ‘‘(9) a description of the eligible agency’s the State plan. grams and programs of study and career program strategies for special populations, ‘‘(3) CONSULTATION WITH THE GOVERNOR.— pathways that include multiple entry and including a description of how individuals The consultation described in paragraph exit points; who are members of special populations— (1)(B) shall include meetings of officials from ‘‘(iii) use State, regional, or local labor ‘‘(A) will be provided with equal access to the eligible agency and the Governor’s office market data to determine alignment of eligi- activities assisted under this Act; and shall occur— ble recipients’ programs of study to the ‘‘(B) will not be discriminated against on ‘‘(A) during the development of such plan; needs of the State, regional, or local econ- the basis of status as a member of a special and omy, including in-demand industry sectors population; ‘‘(B) prior to submission of the plan to the and occupations identified by the State ‘‘(C) will be provided with programs de- Secretary. board, and to align career and technical edu- signed to enable individuals who are mem- ‘‘(d) PLAN CONTENTS.—The State plan shall cation with such needs, as appropriate; bers of special populations to meet or exceed include— ‘‘(iv) ensure equal access to approved ca- State determined levels of performance de- ‘‘(1) a summary of State-supported work- reer and technical education programs of scribed in section 113, and prepare special force development activities (including edu- study and activities assisted under this Act populations for further learning and for cation and training) in the State, including for special populations; high-skill, high-wage, or in-demand industry the degree to which the State’s career and ‘‘(v) coordinate with the State board to sectors or occupations; technical education programs and programs support the local development of career ‘‘(D) will be provided with appropriate ac- of study are aligned with and address the pathways and articulate processes by which commodations; and education and skill needs of the employers in career pathways will be developed by local ‘‘(E) will be provided instruction and work- the State identified by the State board; workforce development boards, as appro- based learning opportunities in integrated ‘‘(2) the State’s strategic vision and set of priate; settings that support competitive, inte- goals for preparing an educated and skilled ‘‘(vi) support effective and meaningful col- grated employment; workforce (including special populations) laboration between secondary schools, post- ‘‘(10) a description of the procedure the eli- and for meeting the skilled workforce needs secondary institutions, and employers to gible agency will adopt for determining of employers, including in existing and provide students with experience in, and un- State determined levels of performance de- emerging in-demand industry sectors and oc- derstanding of, all aspects of an industry, scribed in section 113, which, at a minimum, cupations as identified by the State, and how which may include work-based learning such shall include—

VerDate Sep 11 2014 03:28 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00099 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JY6.019 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE S5214 CONGRESSIONAL RECORD — SENATE July 23, 2018 ‘‘(A) a description of the process for public ‘‘(C) the State agency responsible for adult program improvement plan under paragraph comment under section 113(b)(3)(B) as part of education. (1), fails to meet at least 90 percent of a the development of the State determined ‘‘(2) OBJECTIONS OF STATE AGENCIES.—If a State determined level of performance for levels of performance under section 113(b); State agency other than the eligible agency such core indicator for 2 consecutive years ‘‘(B) an explanation of the State deter- finds that a portion of the final State plan is after the eligible agency has been identified mined levels of performance; and objectionable, that objection shall be filed for improvement under such paragraph.’’; ‘‘(C) a description of how the State deter- together with the State plan. The eligible and mined levels of performance set by the eligi- agency shall respond to any objections of (D) by adding at the end the following: ble agency align with the levels, goals, and such State agency in the State plan sub- ‘‘(5) ADJUSTMENTS PROHIBITED.—An eligible objectives of other Federal and State laws; mitted to the Secretary. agency shall not be eligible to adjust per- ‘‘(11) a description of how the eligible agen- ‘‘(3) JOINT SIGNATURE AUTHORITY.—A Gov- formance levels while executing an improve- cy will address disparities or gaps in per- ernor shall have 30 days prior to the eligible ment plan under this section.’’; and formance, as described in section agency submitting the State plan to the Sec- (2) in subsection (b)— 113(b)(3)(C)(ii)(II), in each of the plan years, retary to sign such plan. If the Governor has (A) by striking ‘‘adjusted’’ each place the and if no meaningful progress has been not signed the plan within 30 days of delivery term appears; achieved prior to the third program year, a by the eligible agency to the Governor, the (B) in paragraph (2)— description of the additional actions the eli- eligible agency shall submit the plan to the (i) by inserting ‘‘for all CTE concentra- gible agency will take to eliminate these dis- Secretary without such signature. tors’’ after ‘‘section 113(b)(4)’’; and parities or gaps; ‘‘(f) PLAN APPROVAL.— (ii) by striking ‘‘(with special consider- ‘‘(12) describes how the eligible agency will ‘‘(1) IN GENERAL.—Not later than 120 days ation to performance gaps identified under involve parents, academic and career and after the eligible agency submits its State section 113(b)(4)(C)(ii)(II) in consultation technical education teachers, administra- plan, the Secretary shall approve such State with the eligible agency,’’ and inserting tors, faculty, career guidance and academic plan, or a revision of the plan under sub- ‘‘(that includes an analysis of the perform- counselors, local business (including small section (a)(2) (including a revision of State ance disparities or gaps identified under sec- businesses), labor organizations, and rep- determined levels of performance in accord- tion 113(b)(3)(C)(ii)(II), and actions that will resentatives of Indian Tribes and Tribal or- ance with section 113(b)(3)(A)(iii)), if the Sec- be taken to address such gaps) in consulta- ganizations, as appropriate, in the planning, retary determines that the State has sub- tion with local stakeholders described in sec- development, implementation, and evalua- mitted in its State plan State determined tion 134(d)(1), the eligible agency, and’’; tion of such career and technical education levels of performance that meet the criteria (C) in paragraph (4)— programs; and established in section 113(b)(3), including the (i) in subparagraph (A)— ‘‘(13) assurances that— minimum requirements described in section (I) in clause (i), by inserting ‘‘or’’ after the ‘‘(A) the eligible agency will comply with 113(b)(3)(A)(i)(III), unless the Secretary— semicolon; and the requirements of this Act and the provi- ‘‘(A) determines that the State plan does (II) by striking clauses (ii) and (iii) and in- sions of the State plan, including the provi- not meet the requirements of this Act, inserting the following: sion of a financial audit of funds received cluding the minimum requirements as de- ‘‘(ii) with respect to any specific core indi- under this Act, which may be included as scribed in section 113(b)(3)(A)(i)(III); and cator of performance that was identified in a part of an audit of other Federal or State ‘‘(B) meets the requirements of paragraph program improvement plan under paragraph programs; (2) with respect to such plan. (2), fails to meet at least 90 percent of the ‘‘(B) none of the funds expended under this ‘‘(2) DISAPPROVAL.—The Secretary— local level of performance for such core indi- Act will be used to acquire equipment (in- ‘‘(A) shall have the authority to disapprove cator for 2 consecutive years after the eligi- cluding computer software) in any instance a State plan only if the Secretary— ble recipient has been identified for improve- in which such acquisition results in a direct ‘‘(i) determines how the State plan fails to ment under such paragraph.’’; and financial benefit to any organization rep- meet the requirements of this Act; and (ii) in subparagraph (B)— resenting the interests of the acquiring enti- ‘‘(ii) provides to the eligible agency, in (I) in clause (i), by striking ‘‘or’’ after the ty or the employees of the acquiring entity, writing, notice of such determination and semicolon; or any affiliate of such an organization; ‘‘(C) the eligible agency will use the funds the supporting information and rationale to (II) in clause (ii), by striking the period at to promote preparation for high-skill, high- substantiate such determination; and the end and inserting ‘‘; or’’; and wage, or in-demand industry sectors or occu- ‘‘(B) shall not finally disapprove a State (III) by adding at the end the following: pations and non-traditional fields, as identi- plan, except after making the determination ‘‘(iii) in response to a public request from fied by the eligible agency; and providing the information described in an eligible recipient, if the eligible agency ‘‘(D) the eligible agency will use the funds subparagraph (A), and giving the eligible determines that the requirements described provided under this Act to implement career agency notice and an opportunity for a hear- in clause (i) or (ii) have been met.’’; and and technical education programs and pro- ing.’’. (D) by adding at the end the following: grams of study for individuals in State cor- SEC. 123. IMPROVEMENT PLANS. ‘‘(6) ADJUSTMENTS PROHIBITED.—An eligible rectional institutions, including juvenile jus- Section 123 (20 U.S.C. 2343) is amended— recipient shall not be eligible to adjust per- tice facilities; and (1) in subsection (a)— formance levels while executing an improve- ‘‘(E) the eligible agency will provide local (A) in paragraph (1)— ment plan under this section.’’. educational agencies, area career and tech- (i) by striking ‘‘percent of an agreed upon’’ SEC. 124. STATE LEADERSHIP ACTIVITIES. nical education schools, and eligible institu- and inserting ‘‘percent of the’’; Section 124 (20 U.S.C. 2344) is amended— tions in the State with technical assistance, (ii) by striking ‘‘State adjusted level of (1) in subsection (a), by striking ‘‘shall including technical assistance on how to performance’’ and inserting ‘‘State deter- conduct State leadership activities.’’ and in- close gaps in student participation and per- mined level of performance’’ each place the serting ‘‘shall— formance in career and technical education term appears; ‘‘(1) conduct State leadership activities to programs; and (iii) by striking ‘‘section 113(b)(3)’’ and in- improve career and technical education, ‘‘(14) a description of the opportunities for serting ‘‘113(b)(2) for all CTE concentrators’’; which shall include support for— the public to comment in person and in writ- (iv) by striking ‘‘(with special consider- ‘‘(A) preparation for non-traditional fields ing on the State plan under this subsection. ation to performance gaps identified under in current and emerging professions, pro- ‘‘(e) CONSULTATION.— section 113(c)(2))’’ and inserting ‘‘(that in- grams for special populations, and other ac- ‘‘(1) IN GENERAL.—The eligible agency shall cludes an analysis of the performance dis- tivities that expose students, including spe- develop the portion of each State plan relat- parities or gaps identified under section cial populations, to high-skill, high-wage, ing to the amount and uses of any funds pro- 113(b)(3)(C)(ii)(II), and actions that will be and in-demand occupations; posed to be reserved for adult career and taken to address such gaps)’’; ‘‘(B) individuals in State institutions, such technical education, postsecondary career (B) in paragraph (2)— as State correctional institutions, including and technical education, and secondary ca- (i) by striking ‘‘State’s adjusted levels of juvenile justice facilities, and educational reer and technical education after consulta- performance’’ and inserting ‘‘State deter- institutions that serve individuals with dis- tion with— mined levels of performance’’; and abilities; ‘‘(A) the State agency responsible for su- (ii) by striking ‘‘purposes of this Act’’ and ‘‘(C) recruiting, preparing, or retaining ca- pervision of community colleges, technical inserting ‘‘purposes of this section, including reer and technical education teachers, fac- institutes, other 2-year postsecondary insti- after implementation of the improvement ulty, specialized instructional support per- tutions primarily engaged in providing post- plan described in paragraph (1),’’; sonnel, or paraprofessionals, such as secondary career and technical education, (C) in paragraph (3)(A)— preservice, professional development, or or, where applicable, institutions of higher (i) in clause (i), by inserting ‘‘or’’ after the leadership development programs; and education that are engaged in providing semicolon; and ‘‘(D) technical assistance for eligible re- postsecondary career and technical edu- (ii) by striking clauses (ii) and (iii) and in- cipients; and cation as part of their mission; serting the following: ‘‘(2) report on the effectiveness of such use ‘‘(B) the State agency responsible for sec- ‘‘(ii) with respect to any specific core indi- of funds in achieving the goals described in ondary education; and cator of performance that was identified in a section 122(d)(2) and the State determined

VerDate Sep 11 2014 03:28 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00100 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JY6.019 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE July 23, 2018 CONGRESSIONAL RECORD — SENATE S5215 levels of performance described in section of principles of universal design for learning, cluding academic and financial aid coun- 113(b)(3)(A), and reducing disparities or per- multi-tier systems of supports, and positive seling; formance gaps as described in section behavioral interventions and support; and ‘‘(15) support for the integration of employ- 113(b)(3)(C)(ii)(II).’’; ‘‘(C) increases the ability of teachers, fac- ability skills into career and technical edu- (2) in subsection (b)— ulty, specialized instructional support per- cation programs and programs of study; (A) in the subsection heading, by striking sonnel, and paraprofessionals providing ca- ‘‘(16) support for programs and activities ‘‘REQUIRED’’ and inserting ‘‘PERMISSIBLE’’; reer and technical education instruction to that increase access, student engagement, (B) in the matter preceding paragraph (1), stay current with industry standards and and success in science, technology, engineer- by striking ‘‘shall’’ and inserting ‘‘may’’; earn an industry-recognized credential or li- ing, and mathematics fields (including com- and cense, as appropriate, including by assisting puter science, coding, and architecture), sup- (C) by striking paragraphs (1) through (9) those with relevant industry experience in port for the integration of arts and design and inserting the following: obtaining State teacher licensure or creden- skills, and support for hands-on learning, ‘‘(1) developing statewide programs of tial requirements; particularly for students who are members of study, which may include standards, cur- ‘‘(6) supporting eligible recipients in elimi- groups underrepresented in such subject riculum, and course development, and career nating inequities in student access to— fields, such as female students, minority stu- exploration, guidance, and advisement ac- ‘‘(A) high-quality programs of study that dents, and students who are members of spe- tivities and resources; provide skill development; and cial populations; ‘‘(2) approving locally developed programs ‘‘(B) effective teachers, faculty, specialized ‘‘(17) support for career and technical stu- of study that meet the requirements estab- instructional support personnel, and para- dent organizations, especially with respect lished in section 122(d)(4)(B); professionals; to efforts to increase the participation of ‘‘(3) establishing statewide articulation ‘‘(7) awarding incentive grants to eligible students in nontraditional fields and stu- agreements aligned to approved programs of recipients— dents who are members of special popu- study; ‘‘(A) for exemplary performance in car- lations; ‘‘(4) establishing statewide industry or sec- rying out programs under this Act, which ‘‘(18) support for establishing and expand- tor partnerships among local educational awards shall be based on— ing work-based learning opportunities that agencies, institutions of higher education, ‘‘(i) eligible recipients exceeding the local are aligned to career and technical education adult education providers, Indian Tribes and level of performance on a core indicator of programs and programs of study; Tribal organizations that may be present in performance established under section ‘‘(19) integrating and aligning programs of the State, employers, including small busi- 113(b)(4)(A) in a manner that reflects sus- study and career pathways; nesses, and parents, as appropriate to— tained or significant improvement; ‘‘(20) supporting the use of career and tech- ‘‘(A) develop and implement programs of ‘‘(ii) eligible recipients effectively devel- nical education programs and programs of study aligned to State and local economic oping connections between secondary edu- study aligned with State, regional, or local and education needs, including, as appro- cation and postsecondary education and high-skill, high-wage, or in-demand industry priate, in-demand industry sectors and occu- training; sectors or occupations identified by the pations; ‘‘(iii) the integration of academic and tech- State workforce development board de- ‘‘(B) facilitate the establishment, expan- nical standards; scribed in section 101 of the Workforce Inno- sion, and integration of opportunities for ‘‘(iv) eligible recipients’ progress in closing vation and Opportunity Act (29 U.S.C. 3111) students at the secondary level to— achievement gaps among subpopulations who or local workforce development boards; ‘‘(i) successfully complete coursework that participate in programs of study; or ‘‘(21) making all forms of instructional integrates rigorous and challenging tech- ‘‘(v) other factors relating to the perform- content widely available, which may include nical and academic instruction aligned with ance of eligible recipients under this Act as use of open educational resources; the challenging State academic standards the eligible agency determines are appro- ‘‘(22) developing valid and reliable assess- adopted by the State under section 1111(b)(1) priate; or ments of competencies and technical skills of the Elementary and Secondary Education ‘‘(B) if an eligible recipient elects to use and enhancing data systems to collect and Act of 1965; and funds as permitted under section 135(c); ‘‘(ii) earn a recognized postsecondary cre- ‘‘(8) providing support for— analyze data on secondary and postsec- dential or credit toward a recognized post- ‘‘(A) the adoption and integration of recog- ondary academic and employment outcomes; secondary credential, which may be earned nized postsecondary credentials and work- ‘‘(23) support for accelerated learning pro- through a dual or concurrent enrollment based learning into programs of study, and grams, as described in section program or early college high school, at no for increasing data collection associated 4104(b)(3)(A)(i)(IV) of the Elementary and cost to the student or the student’s family; with recognized postsecondary credentials Secondary Education Act of 1965, in the case and and employment outcomes; or of any such program that is part of a career ‘‘(C) facilitate work-based learning oppor- ‘‘(B) consultation and coordination with and technical education program of study; tunities (including internships, externships, other State agencies for the identification ‘‘(24) support for career academies to im- and simulated work environments) into pro- and examination of licenses or certifications plement a postsecondary education and grams of study; that— workforce-ready curriculum at the sec- ‘‘(5) for teachers, faculty, specialized in- ‘‘(i) pose an unwarranted barrier to entry ondary education level that integrates rig- structional support personnel, and para- into the workforce for career and technical orous academic, technical, and employ- professionals providing career and technical education students; and ability contents through career and tech- education instruction, support services, and ‘‘(ii) do not protect the health, safety, or nical education programs and programs of specialized instructional support services, welfare of consumers; study that address needs described in the high-quality comprehensive professional de- ‘‘(9) the creation, implementation, and sup- comprehensive needs assessment under sec- velopment that is, to the extent practicable, port of pay for success initiatives leading to tion 134(c); and grounded in evidence-based research (to the a recognized postsecondary credential; ‘‘(25) other State leadership activities that extent a State determines that such evidence ‘‘(10) support for career and technical edu- improve career and technical education.’’; is reasonably available) that identifies the cation programs for adults and out-of-school (3) by striking subsection (c); most effective educator professional develop- youth concurrent with their completion of (4) by redesignating subsection (d) as sub- ment process and is coordinated and aligned their secondary school education in a school section (c); and with other professional development activi- or other educational setting; (5) in subsection (c), as redesignated by ties carried out by the State (including ‘‘(11) the creation, evaluation, and support paragraph (4), by striking the period at the under title II of the Elementary and Sec- of competency-based curricula; end and inserting ‘‘, unless expressly author- ondary Education Act of 1965 and title II of ‘‘(12) support for the development, imple- ized under subsection (a).’’. the Higher Education Act of 1965), including mentation, and expansion of programs of PART C—LOCAL PROVISIONS programming that— study or career pathways in areas declared SEC. 131. DISTRIBUTION OF FUNDS TO SEC- ‘‘(A) promotes the integration of the chal- to be in a state of emergency under section ONDARY EDUCATION PROGRAMS. lenging State academic standards adopted by 501 of the Robert T. Stafford Disaster Relief Section 131 (20 U.S.C. 2351) is amended— the State under section 1111(b)(1) of the Ele- and Emergency Assistance Act (42 U.S.C. (1) in subsection (a)(3)(B), by striking ‘‘Bu- mentary and Secondary Education Act of 5191); reau of Indian Affairs’’ and inserting ‘‘Bu- 1965 and relevant technical knowledge and ‘‘(13) partnering with qualified inter- reau of Indian Education’’; skills, including programming jointly deliv- mediaries to improve training, the develop- (2) in subsection (c)(2)(A)(ii), by inserting ered to academic and career and technical ment of public-private partnerships, systems ‘‘or programs of study’’ after ‘‘technical edu- education teachers; development, capacity-building, and cation programs’’; ‘‘(B) prepares career and technical edu- scalability of the delivery of high-quality ca- (3) in subsection (g), by inserting ‘‘and pro- cation teachers, faculty, specialized instruc- reer and technical education; grams of study’’ after ‘‘technical education tional support personnel, and paraprofes- ‘‘(14) improvement of career guidance and programs’’; and sionals to provide appropriate accommoda- academic counseling programs that assist (4) in subsection (h), by striking ‘‘Bureau tions for students who are members of spe- students in making informed academic and of Indian Affairs’’ and inserting ‘‘Bureau of cial populations, including through the use career and technical education decisions, in- Indian Education’’.

VerDate Sep 11 2014 03:28 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00101 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JY6.019 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE S5216 CONGRESSIONAL RECORD — SENATE July 23, 2018 SEC. 132. SPECIAL RULES FOR CAREER AND ‘‘(A) provide activities to prepare special the Workforce Innovation and Opportunity TECHNICAL EDUCATION. populations for high-skill, high-wage, or in- Act (29 U.S.C. 3111) (referred to in this sec- Section 133 (20 U.S.C. 2353) is amended by demand industry sectors or occupations that tion as the ‘State board’) or local workforce inserting ‘‘or programs of study’’ after ‘‘ca- will lead to self-sufficiency; development board, including career path- reer and technical education programs’’ each ‘‘(B) prepare CTE participants for non-tra- ways, where appropriate; or place the term appears. ditional fields; ‘‘(II) designed to meet local education or SEC. 133. LOCAL APPLICATION FOR CAREER AND ‘‘(C) provide equal access for special popu- economic needs not identified by State TECHNICAL EDUCATION PROGRAMS. lations to career and technical education boards or local workforce development Section 134 (20 U.S.C. 2354) is amended— courses, programs, and programs of study; boards. (1) in the section heading, by striking and ‘‘(C) An evaluation of progress toward the ‘‘LOCAL PLAN’’ and inserting ‘‘LOCAL APPLICA- ‘‘(D) ensure that members of special popu- implementation of career and technical edu- TION’’; lations will not be discriminated against on cation programs and programs of study. (2) in subsection (a)— the basis of their status as members of spe- ‘‘(D) A description of how the eligible re- (A) in the subsection heading, by striking cial populations; cipient will improve recruitment, retention, ‘‘LOCAL PLAN’’ and inserting ‘‘LOCAL APPLI- ‘‘(6) a description of the work-based learn- and training of career and technical edu- ing opportunities that the eligible recipient CATION’’; cation teachers, faculty, specialized instruc- (B) by striking ‘‘submit a local plan’’ and will provide to students participating in cational support personnel, paraprofessionals, inserting ‘‘submit a local application’’; and reer and technical education programs and and career guidance and academic coun- (C) by striking ‘‘Such local plan’’ and in- how the recipient will work with representa- selors, including individuals in groups under- serting ‘‘Such local application’’; and tives from employers to develop or expand represented in such professions. (3) by striking subsection (b) and inserting work-based learning opportunities for career ‘‘(E) A description of progress toward im- and technical education students, as applica- the following: plementation of equal access to high-quality ble; ‘‘(b) CONTENTS.—The eligible agency shall career and technical education courses and ‘‘(7) a description of how the eligible re- determine the requirements for local appli- programs of study for all students, includ- cipient will provide students participating in cations, except that each local application ing— career and technical education programs ‘‘(i) strategies to overcome barriers that shall contain— with the opportunity to gain postsecondary ‘‘(1) a description of the results of the com- result in lower rates of access to, or perform- credit while still attending high school, such ance gaps in, the courses and programs for prehensive needs assessment conducted as through dual or concurrent enrollment under subsection (c); special populations; programs or early college high school, as ‘‘(ii) providing programs that are designed ‘‘(2) information on the career and tech- practicable; nical education course offerings and activi- to enable special populations to meet the ‘‘(8) a description of how the eligible re- local levels of performance; and ties that the eligible recipient will provide cipient will coordinate with the eligible with funds under this part, which shall in- ‘‘(iii) providing activities to prepare spe- agency and institutions of higher education cial populations for high-skill, high-wage, or clude not less than 1 program of study ap- to support the recruitment, preparation, re- proved by a State under section 124(b)(2), in- in-demand industry sectors or occupations in tention, and training, including professional competitive, integrated settings that will cluding— development, of teachers, faculty, adminis- lead to self-sufficiency. ‘‘(A) how the results of the comprehensive trators, and specialized instructional support needs assessment described in subsection (c) personnel and paraprofessionals who meet ‘‘(d) CONSULTATION.—In conducting the informed the selection of the specific career applicable State certification and licensure comprehensive needs assessment under sub- and technical education programs and ac- requirements (including any requirements section (c), and developing the local applica- tivities selected to be funded; met through alternative routes to certifi- tion described in subsection (b), an eligible ‘‘(B) a description of any new programs of cation), including individuals from groups recipient shall involve a diverse body of study the eligible recipient will develop and underrepresented in the teaching profession; stakeholders, including, at a minimum— submit to the State for approval; and and ‘‘(1) representatives of career and technical ‘‘(C) how students, including students who ‘‘(9) a description of how the eligible re- education programs in a local educational are members of special populations, will cipient will address disparities or gaps in agency or educational service agency, in- learn about their school’s career and tech- performance as described in section cluding teachers, career guidance and aca- nical education course offerings and whether 113(b)(3)(C)(ii)(II) in each of the plan years, demic counselors, principals and other each course is part of a career and technical and if no meaningful progress has been school leaders, administrators, and special- education program of study; achieved prior to the third program year, a ized instructional support personnel and ‘‘(3) a description of how the eligible re- description of the additional actions such re- paraprofessionals; cipient, in collaboration with local work- cipient will take to eliminate those dispari- ‘‘(2) representatives of career and technical force development boards and other local ties or gaps. education programs at postsecondary edu- workforce agencies, one-stop delivery sys- ‘‘(c) COMPREHENSIVE NEEDS ASSESSMENT.— cational institutions, including faculty and tems described in section 121(e)(2) of the ‘‘(1) IN GENERAL.—To be eligible to receive administrators; Workforce Innovation and Opportunity Act financial assistance under this part, an eligi- ‘‘(3) representatives of the State board or (29 U.S.C. 3151(e)(2)), and other partners, will ble recipient shall— local workforce development boards and a provide— ‘‘(A) conduct a comprehensive local needs range of local or regional businesses or in- ‘‘(A) career exploration and career develop- assessment related to career and technical dustries; ment coursework, activities, or services; education and include the results of the ‘‘(4) parents and students; ‘‘(B) career information on employment needs assessment in the local application ‘‘(5) representatives of special populations; opportunities that incorporate the most up- submitted under subsection (a); and ‘‘(6) representatives of regional or local to-date information on high-skill, high-wage, ‘‘(B) not less than once every 2 years, up- agencies serving out-of-school youth, home- or in-demand industry sectors or occupa- date such comprehensive local needs assess- less children and youth, and at-risk youth tions, as determined by the comprehensive ment. (as defined in section 1432 of the Elementary needs assessment described in subsection (c); ‘‘(2) REQUIREMENTS.—The comprehensive and Secondary Education Act of 1965); and local needs assessment described in para- ‘‘(7) representatives of Indian Tribes and ‘‘(C) an organized system of career guid- graph (1) shall include each of the following: Tribal organizations in the State, where ap- ance and academic counseling to students ‘‘(A) An evaluation of the performance of plicable; and before enrolling and while participating in a the students served by the eligible recipient ‘‘(8) any other stakeholders that the eligi- career and technical education program; with respect to State determined and local ble agency may require the eligible recipient ‘‘(4) a description of how the eligible re- levels of performance established pursuant to consult. cipient will improve the academic and tech- to section 113, including an evaluation of ‘‘(e) CONTINUED CONSULTATION.—An eligible nical skills of students participating in ca- performance for special populations and each recipient receiving financial assistance reer and technical education programs by subgroup described in section 1111(h)(1)(C)(ii) under this part shall consult with stake- strengthening the academic and career and of the Elementary and Secondary Education holders described in subsection (d) on an on- technical education components of such pro- Act of 1965. going basis, as determined by the eligible grams through the integration of coherent ‘‘(B) A description of how career and tech- agency. This may include consultation in and rigorous content aligned with chal- nical education programs offered by the eli- order to— lenging academic standards and relevant ca- gible recipient are— ‘‘(1) provide input on annual updates to the reer and technical education programs to en- ‘‘(i) sufficient in size, scope, and quality to comprehensive needs assessment required sure learning in the subjects that constitute meet the needs of all students served by the under subsection (c)(1)(B); a well-rounded education (as defined in sec- eligible recipient; and ‘‘(2) ensure programs of study are— tion 8101 of the Elementary and Secondary ‘‘(ii)(I) aligned to State, regional, Tribal, ‘‘(A) responsive to community employment Education Act of 1965); or local in-demand industry sectors or occu- needs; ‘‘(5) a description of how the eligible re- pations identified by the State workforce de- ‘‘(B) aligned with employment priorities in cipient will— velopment board described in section 101 of the State, regional, tribal, or local economy

VerDate Sep 11 2014 03:28 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00102 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JY6.019 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE July 23, 2018 CONGRESSIONAL RECORD — SENATE S5217 identified by employers and the entities de- and technical education instructional ap- ‘‘(A) a curriculum aligned with the require- scribed in subsection (d), which may include proaches, including the integration of aca- ments for a program of study; in-demand industry sectors or occupations demic and career and technical education ‘‘(B) sustainable relationships among edu- identified by the local workforce develop- standards and curricula; cation, business and industry, and other ment board; ‘‘(B) professional development on ensuring community stakeholders, including industry ‘‘(C) informed by labor market informa- labor market information is used to inform or sector partnerships in the local area, tion, including information provided under the programs, guidance, and advisement of- where applicable, that are designed to facili- section 15(e)(2)(C) of the Wagner-Peyser Act fered to students, including information pro- tate the process of continuously updating (29 U.S.C. 491–2(e)(2)(C)); vided under section 15(e)(2)(C) of the Wagner- and aligning programs of study with skills ‘‘(D) designed to meet current, inter- Peyser Act (29 U.S.C. 49l–2(e)(2)(C)); that are in demand in the State, regional, or mediate, or long-term labor market projec- ‘‘(C) providing teachers, faculty, school local economy, and in collaboration with tions; and leaders, administrators, specialized instruc- business outreach staff in one-stop centers, ‘‘(E) allow employer input, including input tional support personnel, career guidance as defined in section 3 of the Workforce Inno- from industry or sector partnerships in the and academic counselors, or paraprofes- vation and Opportunity Act (29 U.S.C. 3102), local area, where applicable, into the devel- sionals, as appropriate, with opportunities to and other appropriate organizations, includ- opment and implementation of programs of advance knowledge, skills, and under- ing community-based and youth-serving or- study to ensure such programs of study align standing of all aspects of an industry, includ- ganizations; with skills required by local employment oping the latest workplace equipment, tech- ‘‘(C) where appropriate, expanding opportu- portunities, including activities such as the nologies, standards, and credentials; nities for CTE concentrators to participate identification of relevant standards, cur- ‘‘(D) supporting school leaders and admin- in accelerated learning programs (as de- riculum, industry-recognized credentials, istrators in managing career and technical scribed in section 4104(b)(3)(A)(i)(IV) of the and current technology and equipment; education programs in the schools, institu- Elementary and Secondary Education Act of ‘‘(3) identify and encourage opportunities tions, or local educational agencies of such 1965 (20 U.S.C. 7114(b)(3)(A)(i)(IV)), including for work-based learning; and school leaders or administrators; dual or concurrent enrollment programs, ‘‘(4) ensure funding under this part is used ‘‘(E) supporting the implementation of early college high schools, and the develop- in a coordinated manner with other local re- strategies to improve student achievement ment or implementation of articulation sources.’’. and close gaps in student participation and agreements as part of a career and technical SEC. 134. LOCAL USES OF FUNDS. performance in career and technical edu- education program of study; Section 135 (20 U.S.C. 2355) is amended to cation programs; ‘‘(D) appropriate equipment, technology, read as follows: ‘‘(F) providing teachers, faculty, special- and instructional materials (including sup- ‘‘SEC. 135. LOCAL USES OF FUNDS. ized instructional support personnel, career port for library resources) aligned with busi- ‘‘(a) GENERAL AUTHORITY.—Each eligible guidance and academic counselors, prin- ness and industry needs, including machin- recipient that receives funds under this part cipals, school leaders, or paraprofessionals, ery, testing equipment, tools, implements, shall use such funds to develop, coordinate, as appropriate, with opportunities to ad- hardware and software, and other new and implement, or improve career and technical vance knowledge, skills, and understanding emerging instructional materials; education programs to meet the needs iden- in pedagogical practices, including, to the ‘‘(E) a continuum of work-based learning tified in the comprehensive needs assessment extent the eligible recipient determines that opportunities, including simulated work en- described in section 134(c). such evidence is reasonably available, evi- vironments; ‘‘(b) REQUIREMENTS FOR USES OF FUNDS.— dence-based pedagogical practices; ‘‘(F) industry-recognized certification ex- Funds made available to eligible recipients ‘‘(G) training teachers, faculty, school aminations or other assessments leading to- under this part shall be used to support ca- leaders, administrators, specialized instruc- ward a recognized postsecondary credential; reer and technical education programs that tional support personnel, career guidance ‘‘(G) efforts to recruit and retain career are of sufficient size, scope, and quality to be and academic counselors, or paraprofes- and technical education program teachers, effective and that— sionals, as appropriate, to provide appro- faculty, school leaders, administrators, spe- ‘‘(1) provide career exploration and career priate accommodations for individuals with cialized instructional support personnel, ca- development activities through an orga- disabilities, and students with disabilities reer guidance and academic counselors, and nized, systematic framework designed to aid who are provided accommodations under the paraprofessionals; students, including in the middle grades, be- Rehabilitation Act of 1973 (29 U.S.C. 701 et ‘‘(H) where applicable, coordination with fore enrolling and while participating in a seq.) or the Individuals with Disabilities other education and workforce development career and technical education program, in Education Act; programs and initiatives, including career making informed plans and decisions about ‘‘(H) training teachers, faculty, specialized pathways and sector partnerships developed future education and career opportunities instructional support personnel, career guid- under the Workforce Innovation and Oppor- and programs of study, which may include— ance and academic counselors, and para- tunity Act (29 U.S.C. 3101 et seq.) and other ‘‘(A) introductory courses or activities fo- professionals in frameworks to effectively Federal laws and initiatives that provide cused on career exploration and career teach students, including a particular focus students with transition-related services, in- awareness, including non-traditional fields; on students with disabilities and English cluding the Individuals with Disabilities ‘‘(B) readily available career and labor learners, which may include universal design Education Act; market information, including information for learning, multi-tier systems of supports, ‘‘(I) expanding opportunities for students on— and positive behavioral interventions and to participate in distance career and tech- ‘‘(i) occupational supply and demand; support; or nical education and blended-learning pro- ‘‘(ii) educational requirements; ‘‘(I) training for the effective use of com- grams; ‘‘(iii) other information on careers aligned munity spaces that provide access to tools, ‘‘(J) expanding opportunities for students to State, local, or Tribal (as applicable) eco- technology, and knowledge for learners and to participate in competency-based edu- nomic priorities; and entrepreneurs, such as makerspaces or lication programs; ‘‘(iv) employment sectors; braries; ‘‘(K) improving career guidance and aca- ‘‘(C) programs and activities related to the ‘‘(3) provide within career and technical demic counseling programs that assist stu- development of student graduation and ca- education the skills necessary to pursue ca- dents in making informed academic and career plans; reers in high-skill, high-wage, or in-demand reer and technical education decisions, in- ‘‘(D) career guidance and academic coun- industry sectors or occupations; cluding academic and financial aid counselors that provide information on postsec- ‘‘(4) support integration of academic skills seling; ondary education and career options; into career and technical education pro- ‘‘(L) supporting the integration of employ- ‘‘(E) any other activity that advances grams and programs of study to support— ability skills into career and technical edu- knowledge of career opportunities and as- ‘‘(A) CTE participants at the secondary cation programs and programs of study, in- sists students in making informed decisions school level in meeting the challenging cluding through family and consumer about future education and employment State academic standards adopted under sec- science programs; goals, including non-traditional fields; or tion 1111(b)(1) of the Elementary and Sec- ‘‘(M) supporting programs and activities ‘‘(F) providing students with strong experi- ondary Education Act of 1965 by the State in that increase access, student engagement, ence in, and comprehensive understanding which the eligible recipient is located; and and success in science, technology, engineer- of, all aspects of an industry; ‘‘(B) CTE participants at the postsec- ing, and mathematics fields (including com- ‘‘(2) provide professional development for ondary level in achieving academic skills; puter science and architecture) for students teachers, faculty, school leaders, administra- ‘‘(5) plan and carry out elements that sup- who are members of groups underrepresented tors, specialized instructional support per- port the implementation of career and tech- in such subject fields; sonnel, career guidance and academic coun- nical education programs and programs of ‘‘(N) providing career and technical edu- selors, or paraprofessionals, which may in- study and that result in increasing student cation, in a school or other educational set- clude— achievement of the local levels of perform- ting, for adults or out-of-school youth to ‘‘(A) professional development on sup- ance established under section 113, which complete secondary school education or up- porting individualized academic and career may include— grade technical skills;

VerDate Sep 11 2014 03:28 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00103 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JY6.019 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE S5218 CONGRESSIONAL RECORD — SENATE July 23, 2018 ‘‘(O) supporting career and technical stu- spect to career and technical education for (7) by redesignating sections 321 through dent organizations, including student prepa- the first full fiscal year following the date of 324 as sections 221 through 224, respectively; ration for and participation in technical enactment of the Strengthening Career and and skills competitions aligned with career and Technical Education for the 21st Century (8) by inserting after section 218 (as so re- technical education program standards and Act, the State may determine the State’s fis- designated) the following: curricula; cal effort per student, or aggregate expendi- ‘‘SEC. 219. STUDY ON PROGRAMS OF STUDY ‘‘(P) making all forms of instructional con- tures of such State, with respect to career ALIGNED TO HIGH-SKILL, HIGH- tent widely available, which may include use and technical education for such first full WAGE OCCUPATIONS. of open educational resources; fiscal year by— ‘‘(a) SCOPE OF STUDY.—The Comptroller ‘‘(Q) supporting the integration of arts and ‘‘(i) continuing to use the State’s fiscal ef- General of the United States shall conduct a design skills, when appropriate, into career fort per student, or aggregate expenditures study to evaluate— and technical education programs and proof such State, with respect to career and ‘‘(1) the strategies, components, policies, grams of study; technical education, as was in effect on the and practices used by eligible agencies or eli- ‘‘(R) partnering with a qualified inter- day before the date of enactment of the gible recipients receiving funding under this mediary to improve training, the develop- Strengthening Career and Technical Edu- Act to successfully assist— ment of public-private partnerships, systems cation for the 21st Century Act; or ‘‘(A) all students in pursuing and com- development, capacity-building, and ‘‘(ii) establishing a new level of fiscal ef- pleting programs of study aligned to high- scalability of the delivery of high-quality ca- fort per student, or aggregate expenditures skill, high-wage occupations; and reer and technical education; of such State, with respect to career and ‘‘(B) any special population or specific sub- ‘‘(S) support to reduce or eliminate out-of- technical education, which is not less than 95 group of students identified in section pocket expenses for special populations par- percent of the State’s fiscal effort per stu- 1111(h)(1)(C)(ii) of the Elementary and Sec- ticipating in career and technical education, dent, or the aggregate expenditures of such ondary Education Act of 1965 in pursuing and including those participating in dual or con- State, with respect to career and technical completing programs of study aligned to current enrollment programs or early col- education for the preceding fiscal year.’’; high-skill, high-wage occupations in fields in lege high school programs, and supporting (ii) by striking paragraph (2) and inserting which such special population or subgroup is the costs associated with fees, transpor- the following: underrepresented; and tation, child care, or mobility challenges for ‘‘(2) FAILURE TO MEET.— ‘‘(2) any challenges associated with rep- those special populations; or ‘‘(A) IN GENERAL.—The Secretary shall re- lication of such strategies, components, poli- ‘‘(T) other activities to improve career and duce the amount of a State’s allotment of cies, and practices. technical education programs; and funds under this Act for any fiscal year in ‘‘(b) CONSULTATION.—In carrying out the ‘‘(6) develop and implement evaluations of the exact proportion by which the State fails study conducted under subsection (a), the the activities carried out with funds under to meet the requirement of paragraph (1) by Comptroller General of the United States this part, including evaluations necessary to falling below the State’s fiscal effort per stu- shall consult with a geographically diverse complete the comprehensive needs assess- dent or the State’s aggregate expenditures (including urban, suburban, and rural) rep- ment required under section 134(c) and the (using the measure most favorable to the resentation of— local report required under section State), if the State failed to meet such re- ‘‘(1) students and parents; 113(b)(4)(B). quirement (as determined using the measure ‘‘(2) eligible agencies and eligible recipi- ‘‘(c) POOLING FUNDS.—An eligible recipient most favorable to the State) for 1 or more of ents; may pool a portion of funds received under the 5 immediately preceding fiscal years. ‘‘(3) teachers, faculty, specialized instruc- this Act with a portion of funds received ‘‘(B) SPECIAL RULE.—No such lesser amount tional support personnel, and paraprofes- under this Act available to one or more eligi- shall be used for computing the effort re- sionals, including those with expertise in ble recipients to support implementation of quired under paragraph (1) for subsequent preparing career and technical education programs of study through the activities de- years. students for non-traditional fields; scribed in subsection (b)(2). ‘‘(3) WAIVER.—The Secretary may waive ‘‘(4) Indian Tribes and Tribal organiza- ‘‘(d) ADMINISTRATIVE COSTS.—Each eligible paragraph (2) due to exceptional or uncon- tions; recipient receiving funds under this part trollable circumstances affecting the ability ‘‘(5) special populations; and shall not use more than 5 percent of such of the State to meet the requirement of ‘‘(6) representatives of business and indus- funds for costs associated with the adminis- paragraph (1) such as a natural disaster or an try. tration of activities under this section.’’. unforeseen and precipitous decline in finan- ‘‘(c) SUBMISSION.—Upon completion, the TITLE II—GENERAL PROVISIONS cial resources. No level of funding permitted Comptroller General of the United States shall submit the study conducted under sub- SEC. 201. FEDERAL AND STATE ADMINISTRATIVE under such a waiver may be used as the basis PROVISIONS. for computing the fiscal effort or aggregate section (a) to the Committee on Education and the Workforce of the House of Rep- (a) IN GENERAL.—The Act (20 U.S.C. 2301 et expenditures required under this section for seq.) is amended— years subsequent to the year covered by such resentatives and the Committee on Health, (1) in section 311— waiver. The fiscal effort or aggregate ex- Education, Labor, and Pensions of the Sen- (A) in subsection (a), by striking ‘‘and tech penditures for the subsequent years shall be ate.’’. prep program activities’’; and computed on the basis of the level of funding (b) CONFORMING AMENDMENT.—Section 8(a) (B) in subsection (b)— that would, but for such waiver, have been (20 U.S.C. 2306a(a)) is amended by striking (i) in paragraph (1)— required.’’; ‘‘311(b), and 323’’ and inserting ‘‘211(b), and (I) by amending subparagraph (A) to read (2) in section 314(1), by striking ‘‘career 223’’. as follows: path or major’’ and inserting ‘‘career path- TITLE III—AMENDMENTS TO OTHER LAWS ‘‘(A) IN GENERAL.—Except as provided in way or program of study’’; SEC. 301. AMENDMENTS TO THE WAGNER-PEYSER subparagraph (B), (C), or (D), in order for a (3) in section 315— ACT. State to receive its full allotment of funds (A) by inserting ‘‘or programs of study’’ Section 15(e)(2) of the Wagner-Peyser Act under this Act for any fiscal year, the Sec- after ‘‘career and technical education pro- (29 U.S.C. 49l–2(e)(2)) is amended— retary must find that the State’s fiscal effort grams’’; and (1) by striking subparagraph (B) and insert- per student, or the aggregate expenditures of (B) by striking ‘‘seventh grade’’ and inserting the following: such State, with respect to career and tech- ing ‘‘the middle grades (as such term is de- ‘‘(B) consult with eligible agencies (defined nical education for the preceding fiscal year fined in section 8101 of the Elementary and in section 3 of the Carl D. Perkins Career and was not less than the fiscal effort per stu- Secondary Education Act of 1965)’’; Technical Education Act of 2006 (20 U.S.C. dent, or the aggregate expenditures of such (4) in section 317(b)— 2302)), State educational agencies, and local State, for the second preceding fiscal year.’’; (A) in paragraph (1)— educational agencies concerning the provi- (II) in subparagraph (B), by striking ‘‘shall (i) by inserting ‘‘, including programs of sion of workforce and labor market informa- exclude capital expenditures, special 1-time study,’’ after ‘‘activities’’; and tion in order to— project costs, and the cost of pilot pro- (ii) by striking ‘‘who reside in the geo- ‘‘(i) meet the needs of secondary school and grams.’’ and inserting ‘‘shall, at the request graphical area served by’’ and inserting ‘‘in postsecondary school students who seek such of the State, exclude competitive or incen- areas served by’’; and information; and tive-based programs established by the (B) in paragraph (2)— ‘‘(ii) annually inform the development and State, capital expenditures, special one-time (i) by striking ‘‘the geographical area’’ and implementation of programs of study defined project costs, and the cost of pilot pro- inserting ‘‘areas’’; and in section 3 of the Carl D. Perkins Career and grams.’’; and (ii) by inserting ‘‘, including programs of Technical Education Act of 2006 (20 U.S.C. (III) by adding at the end the following: study,’’ after ‘‘activities’’; 2302), and career pathways;’’; ‘‘(D) ESTABLISHING THE STATE BASELINE.— (5) by striking title II and redesignating (2) in subparagraph (G), by striking ‘‘and’’ For purposes of applying subparagraph (A) title III as title II; after the semicolon; for years which require the calculation of (6) by redesignating sections 311 through (3) in subparagraph (H), by striking the pe- the State’s fiscal effort per student, or ag- 318, as amended by this section, as sections riod at the end and inserting ‘‘; and’’; and gregate expenditures of such State, with re- 211 through 218, respectively; (4) by adding at the end the following:

VerDate Sep 11 2014 03:28 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00104 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JY6.019 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE July 23, 2018 CONGRESSIONAL RECORD — SENATE S5219 ‘‘(I) provide, on an annual and timely basis kowski amendment at the desk be SECTION 1. SHORT TITLE; TABLE OF CONTENTS. to each eligible agency (defined in section 3 agreed to and the bill, as amended, be (a) SHORT TITLE.—This Act may be cited as of the Carl D. Perkins Career and Technical considered read a third time. the ‘‘Department of Energy Research and In- Education Act of 2006 (20 U.S.C. 2302)), the The PRESIDING OFFICER. Without novation Act’’. data and information described in subpara- (b) TABLE OF CONTENTS.—The table of con- graphs (A) and (B) of subsection (a)(1).’’. objection, it is so ordered. tents of this Act is as follows: The amendment (No. 3403) was agreed SEC. 302. AMENDMENTS TO THE ELEMENTARY Sec. 1. Short title; table of contents. AND SECONDARY EDUCATION ACT to, as follows: Sec. 2. Definitions. OF 1965. (Purpose: To strike the provisions relating TITLE I—LABORATORY MODERNIZATION (1) Section 1111(h)(1)(C)(xiv) of the Elemen- to nuclear energy innovation capabilities) AND TECHNOLOGY TRANSFER tary and Secondary Education Act of 1965 (20 Strike title IV. U.S.C. 6311(h)(1)(C)(xiv)) is amended by strik- Sec. 101. Short title. ing ‘‘attaining career and technical pro- The amendment was ordered to be Sec. 102. Inclusion of early stage technology ficiencies (as defined by section 113(b) of the engrossed and the bill to be read a demonstration in authorized Carl D. Perkins Career and Technical Edu- third time. technology transfer activities. cation Act of 2006 (20 U.S.C. 2323(b)) and re- The bill was read the third time. Sec. 103. Sense of Congress on accelerating energy innovation. ported by States only in a manner consistent Ms. MURKOWSKI. I know of no fur- with section 113(c) of such Act (20 U.S.C. Sec. 104. Restoration of laboratory directed ther debate on the bill. research and development pro- 2323(c))’’ and inserting ‘‘meeting State deter- The PRESIDING OFFICER. Is there mined levels of performance for core indica- gram. tors, as defined by section 113(b)(3)(A) of the further debate? Sec. 105. Research grants database. Carl D. Perkins Career and Technical Edu- If not, the bill having been read the Sec. 106. Technology transfer and transi- cation Act of 2006 (20 U.S.C. 2323(b)(3)(A)), third time, the question is, Shall the tions assessment. and reported by States only in a manner con- bill pass? Sec. 107. Agreements for commercializing sistent with section 113(b)(3)(C) of such Act The bill (H.R. 589), as amended, was technology pilot program. Sec. 108. Short-term cost-share pilot pro- (20 U.S.C. 2323(b)(3)(C))’’. passed. (2) Section 6115(b)(6) of the Elementary and gram. Ms. MURKOWSKI. Mr. President, I TITLE II—DEPARTMENT OF ENERGY Secondary Education Act of 1965 (20 U.S.C. ask unanimous consent that the mo- 7425(b)(6)) is amended by striking ‘‘tech-prep RESEARCH COORDINATION education, mentoring,’’ and inserting ‘‘mention to reconsider be considered made Sec. 201. Short title. toring’’. and laid upon the table. Sec. 202. Protection of information. (3) Section 6304(a)(3)(K) of the Elementary The PRESIDING OFFICER. Without Sec. 203. Crosscutting research and develop- and Secondary Education Act of 1965 (20 objection, it is so ordered. ment. U.S.C. 7544(a)(3)(K)) is amended by striking f Sec. 204. Strategic research portfolio anal- ‘‘tech-prep,’’. ysis and coordination plan. SEC. 303. AMENDMENT TO THE WORKFORCE IN- DEPARTMENT OF ENERGY Sec. 205. Strategy for facilities and infra- NOVATION AND OPPORTUNITY ACT. RESEARCH AND INNOVATION ACT structure. Section 134(c)(2)(A)(vii) of the Workforce Sec. 206. Energy Innovation Hubs. Ms. MURKOWSKI. Mr. President, I Innovation and Opportunity Act (29 U.S.C. TITLE III—DEPARTMENT OF ENERGY 3174(c)(2)(A)(vii)) is amended by striking ask unanimous consent that the Sen- OFFICE OF SCIENCE POLICY ate proceed to the immediate consider- ‘‘school dropouts’’ and inserting ‘‘out-of- Sec. 301. Short title. school youth’’. ation of Calendar No. 404, S. 2503. Sec. 302. Mission. f The PRESIDING OFFICER. The Sec. 303. Basic energy sciences. clerk will report the bill by title. Sec. 304. Advanced scientific computing re- PRIVILEGES OF THE FLOOR The senior assistant legislative clerk search. Ms. MURKOWSKI. Mr. President, I read as follows: Sec. 305. High-energy physics. ask unanimous consent that privileges A bill (S. 2503) to establish Department of Sec. 306. Biological and environmental research. of the floor be granted to my second Energy policy for science and energy research and development programs, and re- Sec. 307. Fusion energy. session summer interns Max Varela, Sec. 308. Nuclear physics. Nathaniel Baring, Tanner Dey, Jode form National Laboratory management and technology transfer programs, and for other Sec. 309. Science laboratories infrastructure Sparks, Sydney Cox, Janet Taylor, purposes. program. Hannah Villanueva, Piper Cooper, There being no objection, the Senate SEC. 2. DEFINITIONS. Bridget Nalam, Brynn Morse, Denae In this Act: proceeded to consider the bill. Benson, Sterling Gingerich, Kaiwi (1) DEPARTMENT.—The term ‘‘Department’’ Eisenhour, Michael McCambridge, Al- Ms. MURKOWSKI. Mr. President, I means the Department of Energy. exandra Bender, Selia Butler, and ask unanimous consent that the Mur- (2) DIRECTOR.—The term ‘‘Director’’ means Johnathan Slife for the remainder of kowski amendment at the desk be the Director of the Office of Science of the Department, except as otherwise indicated. their session in July. agreed to and the bill, as amended, be considered read a third time. (3) NATIONAL LABORATORY.—The term ‘‘Na- The PRESIDING OFFICER. Without tional Laboratory’’ has the meaning given objection, it is so ordered. The PRESIDING OFFICER. Without objection, it is so ordered. that term in section 2 of the Energy Policy f Act of 2005 (42 U.S.C. 15801). The amendment (No. 3404) was agreed (4) SECRETARY.—The term ‘‘Secretary’’ DEPARTMENT OF ENERGY to, as follows: means the Secretary of Energy. RESEARCH AND INNOVATION ACT (Purpose: To strike the provisions relating TITLE I—LABORATORY MODERNIZATION to nuclear energy innovation capabilities) Ms. MURKOWSKI. Mr. President, I AND TECHNOLOGY TRANSFER ask unanimous consent that the Sen- Strike title IV. SEC. 101. SHORT TITLE. ate proceed to the immediate consider- The bill was ordered to be engrossed This title may be cited as the ‘‘Laboratory ation of Calendar No. 405, H.R. 589. for a third reading and was read the Modernization and Technology Transfer The PRESIDING OFFICER. The third time. Act’’. clerk will report the bill by title. Ms. MURKOWSKI. Mr. President, I SEC. 102. INCLUSION OF EARLY STAGE TECH- know of no further debate on the bill. NOLOGY DEMONSTRATION IN AU- The senior assistant legislative clerk THORIZED TECHNOLOGY TRANSFER read as follows: The PRESIDING OFFICER. Is there ACTIVITIES. A bill (H.R. 589) to establish Department of further debate? Section 1001 of the Energy Policy Act of Energy policy for science and energy re- If not, the bill having been read the 2005 (42 U.S.C. 16391) is amended— search and development programs, and re- third time, the question is, Shall the (1) by redesignating subsection (g) as sub- form National Laboratory management and bill pass? section (h); and technology transfer programs, and for other The bill (S. 2503), as amended, was (2) by inserting after subsection (f) the fol- purposes. passed, as follows: lowing: ‘‘(g) EARLY STAGE TECHNOLOGY DEM- There being no objection, the Senate S. 2503 ONSTRATION.—The Secretary shall permit the proceeded to consider the bill. Be it enacted by the Senate and House of Rep- directors of the National Laboratories to use Ms. MURKOWSKI. Mr. President, I resentatives of the United States of America in funds authorized to support technology ask unanimous consent that the Mur- Congress assembled, transfer within the Department to carry out

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early stage and precommercial technology and patents that are associated with each re- (g) REPORTS.— demonstration activities to remove tech- search and development project contract, (1) OVERALL ASSESSMENT.—Not later than nology barriers that limit private sector in- grant, or cooperative agreement, or other 60 days after the date described in subsection terest and demonstrate potential commer- transaction, of the Department. (f), the Secretary, in coordination with dicial applications of any research and tech- SEC. 106. TECHNOLOGY TRANSFER AND TRANSI- rectors of the National Laboratories, shall nologies arising from National Laboratory TIONS ASSESSMENT. submit to the appropriate committees of activities.’’. Not later than 1 year after the date of en- Congress a report that— SEC. 103. SENSE OF CONGRESS ON ACCEL- actment of this Act, and as often as the Sec- (A) assesses the overall effectiveness of the ERATING ENERGY INNOVATION. retary determines to be necessary thereafter, pilot program referred to in subsection (a); It is the sense of Congress that— the Secretary shall transmit to the appro- (B) identifies opportunities to improve the (1) although important progress has been priate committees of Congress a report that effectiveness of the pilot program; made in cost reduction and deployment of includes recommended changes to the policy (C) assesses the potential for program ac- clean energy technologies, accelerating of the Department and legislative changes to tivities to interfere with the responsibilities clean energy innovation will help meet crit- section 1001 of the Energy Policy Act of 2005 of the National Laboratories to the Depart- ical competitiveness, energy security, and (42 U.S.C. 16391) to improve the ability of the ment; and environmental goals; Department to successfully transfer new en- (D) provides a recommendation regarding (2) accelerating the pace of clean energy ergy technologies to the private sector. the future of the pilot program. (2) TRANSPARENCY.—The Secretary, in co- innovation in the United States calls for— SEC. 107. AGREEMENTS FOR COMMERCIALIZING (A) supporting existing research and devel- TECHNOLOGY PILOT PROGRAM. ordination with directors of the National Laboratories, shall submit to the appro- opment programs at the Department and the (a) IN GENERAL.—The Secretary shall carry priate committees of Congress an annual re- world-class National Laboratories; out the Agreements for Commercializing port that accounts for all incidences of, and (B) exploring and developing new pathways Technology pilot program of the Depart- provides a justification for, non-Federal en- for innovators, investors, and decision-mak- ment, as announced by the Secretary on De- tities using funds derived from a Federal ers to leverage the resources of the Depart- cember 8, 2011, in accordance with this sec- ment for addressing the challenges and com- contract or award to carry out agreements tion. pursuant to this section. parative strengths of geographic regions; and (b) TERMS.—Each agreement entered into SEC. 108. SHORT-TERM COST-SHARE PILOT PRO- (C) recognizing the financial constraints of pursuant to the pilot program referred to in the Department, regularly reviewing clean GRAM. subsection (a) shall provide to the contractor (a) IN GENERAL.—Section 988(b) of the En- energy programs to ensure that taxpayer in- of the applicable National Laboratory, to the ergy Policy Act of 2005 (42 U.S.C. 16352(b)) is vestments are maximized; maximum extent determined to be appro- amended— (3) the energy supply, demand, policies, priate by the Secretary, increased authority (1) in paragraph (1), by striking ‘‘Except as markets, and resource options of the United to negotiate contract terms, such as intellec- provided in paragraphs (2) and (3)’’ and in- States vary by geographic region; tual property rights, payment structures, serting ‘‘Except as provided in paragraphs (4) a regional approach to innovation can performance guarantees, and multiparty col- (2), (3), and (4)’’; and bridge the gaps between local talent, institu- laborations. (2) by adding at the end the following: tions, and industries to identify opportuni- (c) ELIGIBILITY.— ‘‘(4) EXEMPTION FOR INSTITUTIONS OF HIGHER ties and convert United States investment (1) IN GENERAL.—Any director of a National EDUCATION AND OTHER NONPROFIT INSTITU- into domestic companies; and Laboratory may enter into an agreement TIONS.— (5) Congress, the Secretary, and energy in- pursuant to the pilot program referred to in ‘‘(A) IN GENERAL.—Paragraph (1) shall not dustry participants should advance efforts subsection (a). apply to a research or development activity that promote international, domestic, and (2) AGREEMENTS WITH NON-FEDERAL ENTI- performed by an institution of higher edu- regional cooperation on the research and de- TIES.—To carry out paragraph (1) and subject cation or nonprofit institution (as defined in velopment of energy innovations that— to paragraph (3), the Secretary shall permit section 4 of the Stevenson-Wydler Tech- (A) provide clean, affordable, and reliable the directors of the National Laboratories to nology Innovation Act of 1980 (15 U.S.C. energy for everyone; execute agreements with a non-Federal enti- 3703)). (B) promote economic growth; ty, including a non-Federal entity already ‘‘(B) TERMINATION DATE.—The exemption (C) are critical for energy security; and receiving Federal funding that will be used under subparagraph (A) shall apply during (D) are sustainable without government to support activities under agreements exe- the 2-year period beginning on the date of support. cuted pursuant to paragraph (1), provided enactment of this paragraph.’’. SEC. 104. RESTORATION OF LABORATORY DI- that such funding is solely used to carry out (b) REPORTS.— RECTED RESEARCH AND DEVELOP- the purposes of the Federal award. (1) INITIAL REPORT.—As soon as practicable MENT PROGRAM. (3) RESTRICTION.—The requirements of after the date of enactment of this Act, the (a) IN GENERAL.—Except as provided in chapter 18 of title 35, United States Code Secretary shall submit to the appropriate subsection (b), the Secretary shall ensure (commonly known as the ‘‘Bayh-Dole Act’’) committees of Congress a report that de- that laboratory operating contractors do not shall apply if— scribes the use of cost-sharing waivers by the allocate costs of general and administrative (A) the agreement is a funding agreement Department under section 988(b) of the En- overhead to laboratory directed research and (as that term is defined in section 201 of that ergy Policy Act of 2005 (42 U.S.C. 16352(b)) development. title); and during the 2-year period ending on the date (b) EXCEPTION FOR NATIONAL SECURITY LAB- (B) at least one of the parties to the fund- of enactment of this Act. ORATORIES.—This section shall not apply to ing agreement is eligible to receive rights (2) ANNUAL REPORTS.—Annually during the the national security laboratories with re- under that chapter. 2-year period beginning on the date of enact- spect to which section 3119 of the National (d) SUBMISSION TO SECRETARY.—Each af- ment of this Act, the Secretary shall submit Defense Authorization Act for Fiscal Year fected director of a National Laboratory to the appropriate committees of Congress a 2017 (Public Law 114–328) applies. shall submit to the Secretary, with respect report that describes the use of cost-sharing SEC. 105. RESEARCH GRANTS DATABASE. to each agreement entered into under this waivers by the Department under section (a) IN GENERAL.—The Secretary shall es- section— 988(b) of the Energy Policy Act of 2005 (42 tablish and maintain a public database, ac- (1) a summary of information relating to U.S.C. 16352(b)) during the period covered by cessible on the website of the Department, the relevant project; the report. that contains a searchable listing of each un- (2) the total estimated costs of the project; TITLE II—DEPARTMENT OF ENERGY classified research and development project (3) estimated commencement and comple- RESEARCH COORDINATION contract, grant, cooperative agreement, task tion dates of the project; and SEC. 201. SHORT TITLE. order for a federally funded research and de- (4) other documentation determined to be This title may be cited as the ‘‘Department velopment center, or other transaction ad- appropriate by the Secretary. of Energy Research Coordination Act’’. ministered by the Department. (e) CERTIFICATION.—The Secretary shall re- SEC. 202. PROTECTION OF INFORMATION. (b) REQUIREMENTS.—Each listing described quire the contractor of the affected National Section 5012 of the America Competes Act in subsection (a) shall include, at a min- Laboratory to certify that each activity car- (42 U.S.C. 16538) is amended— imum, for each listed project, the Depart- ried out under a project for which an agree- (1) in subsection (a)(3), by striking ‘‘sub- ment office carrying out the project, the ment is entered into under this section— section (n)(1)’’ and inserting ‘‘subsection project name, an abstract or summary of the (1) is not in direct competition with the (o)(1)’’; project, funding levels, project duration, private sector; and (2) by redesignating subsection (n) as sub- contractor or grantee name (including the (2) does not present, or minimizes, any ap- section (o); and names of any subcontractors), and expected parent conflict of interest, and avoids or (3) by inserting after subsection (m) the objectives and milestones. neutralizes any actual conflict of interest, as following: (c) RELEVANT LITERATURE AND PATENTS.— a result of the agreement under this section. ‘‘(n) PROTECTION OF INFORMATION.—The fol- The Secretary shall provide information (f) EXTENSION.—The pilot program referred lowing types of information collected by through the public database established to in subsection (a) shall be extended until ARPA–E from recipients of financial assist- under subsection (a) on relevant literature September 30, 2019. ance awards shall be considered commercial

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Departmental technology programs of re- fying entity’’ means— SEC. 203. CROSSCUTTING RESEARCH AND DEVEL- search results generated by fundamental, cu- (A) an institution of higher education; OPMENT. riosity-driven research; (B) an appropriate State or Federal entity, (a) IN GENERAL.—The Secretary shall use ‘‘(E) critical assessments of any ongoing including a federally funded research and de- the capabilities of the Department to iden- programs that have experienced subpar per- velopment center of the Department; tify strategic opportunities for collaborative formance or cost overruns of 10 percent or (C) a nongovernmental organization with research, development, demonstration, and more over one or more years; expertise in advanced energy technology re- commercial application of innovative ‘‘(F) any activities that may be more effec- search, development, demonstration, or com- science and technologies. tively left to the States, industry, non- mercial application; or (b) EXISTING PROGRAMS; COORDINATION OF governmental organizations, institutions of (D) any other relevant entity the Sec- ACTIVITIES.—To the maximum extent prac- higher education, or other stakeholders; and retary determines appropriate. ticable, the Secretary shall seek— ‘‘(G) detailed evaluations and proposals for (b) AUTHORIZATION OF PROGRAM.— (1) to leverage existing programs of the De- innovation hubs, institutes, and research (1) IN GENERAL.—The Secretary shall carry partment; and centers of the Department, including— out a program to enhance the economic, en- (2) to consolidate and coordinate activities ‘‘(i) an affirmation that the hubs, insti- vironmental, and energy security of the throughout the Department to promote col- tutes, and research centers will— United States by making awards to con- laboration and crosscutting approaches with- ‘‘(I) advance the mission of the Depart- sortia for establishing and operating hubs, to in programs of the Department. ment; and be known as ‘‘Energy Innovation Hubs’’, to (c) ADDITIONAL ACTIONS.—The Secretary ‘‘(II) prioritize research, development, and conduct and support, at, if practicable, one shall— demonstration; and centralized location, multidisciplinary, col- (1) prioritize activities that use all afford- ‘‘(ii) an affirmation that any hubs, insti- laborative research, development, dem- able domestic resources; tutes, or research centers that are estab- onstration, and commercial application of (2) develop a planning, evaluation, and lished or renewed within the Office of advanced energy technologies. technical assessment framework for setting Science are consistent with the mission of (2) TECHNOLOGY DEVELOPMENT FOCUS.—The objective long-term strategic goals and eval- the Office of Science described in subsection Secretary shall designate for each Hub a uating progress that— (c) of section 209 of the Department of En- unique advanced energy technology or basic (A) ensures integrity and independence; ergy Organization Act (42 U.S.C. 7139). research focus. and ‘‘(c) SUBMISSION TO CONGRESS.—Every 4 (3) COORDINATION.—The Secretary shall en- (B) provides the flexibility to adapt to years, the Secretary shall submit to Con- sure the coordination of, and avoid unneces- market dynamics; gress— sary duplication of, the activities of each (3) ensure that activities shall be under- ‘‘(1) the results of the review under sub- Hub with the activities of— taken in a manner that does not duplicate section (a); and (A) other research entities of the Depart- other activities within the Department or ‘‘(2) the coordination plan under subsection ment, including the National Laboratories, other Federal Government activities; and (b).’’. the Advanced Research Projects Agency— (4) identify programs that may be more ef- SEC. 205. STRATEGY FOR FACILITIES AND INFRA- Energy, and Energy Frontier Research Cen- fectively left to the States, industry, non- STRUCTURE. ters; and governmental organizations, institutions of (a) AMENDMENTS.—Section 993 of the En- (B) industry. higher education, or other stakeholders. ergy Policy Act of 2005 (42 U.S.C. 16357) is (c) APPLICATION PROCESS.— SEC. 204. STRATEGIC RESEARCH PORTFOLIO amended— (1) ELIGIBILITY.—To be eligible to receive ANALYSIS AND COORDINATION (1) by striking the section heading and in- an award for the establishment and oper- PLAN. serting the following: ‘‘ ation of a Hub under subsection (b)(1), a con- The Energy Policy Act of 2005 is amended STRATEGY FOR FACILI- by striking section 994 (42 U.S.C. 16358) and TIES AND INFRASTRUCTURE’’; and sortium shall— inserting the following: (2) in subsection (b)(1), by striking ‘‘2008’’ (A) be composed of not fewer than two and inserting ‘‘2018’’. qualifying entities; ‘‘SEC. 994. STRATEGIC RESEARCH PORTFOLIO (b) CLERICAL AMENDMENT.—The table of ANALYSIS AND COORDINATION (B) operate subject to a binding agreement, PLAN. contents in section 1(b) of the Energy Policy entered into by each member of the consor- ‘‘(a) IN GENERAL.—The Secretary shall pe- Act of 2005 is amended by striking the item tium, that documents— riodically review all of the science and tech- relating to section 993 and inserting the fol- (i) the proposed partnership agreement, in- nology activities of the Department in a lowing: cluding the governance and management strategic framework that takes into ac- ‘‘Sec. 993. Strategy for facilities and infrastructure of the Hub; count— structure.’’. (ii) measures the consortium will under- ‘‘(1) the frontiers of science to which the SEC. 206. ENERGY INNOVATION HUBS. take to enable cost-effective implementation Department can contribute; (a) DEFINITIONS.—In this section: of activities under the program described in ‘‘(2) the national needs relevant to the (1) ADVANCED ENERGY TECHNOLOGY.—The subsection (b)(1); and statutory missions of the Department; and term ‘‘advanced energy technology’’ means— (iii) a proposed budget, including financial ‘‘(3) global energy dynamics. (A) an innovative technology— contributions from non-Federal sources; and ‘‘(b) COORDINATION ANALYSIS AND PLAN.— (i) that produces energy from solar, wind, (C) operate as a nonprofit organization. ‘‘(1) IN GENERAL.—As part of the review geothermal, biomass, tidal, wave, ocean, or (2) APPLICATION.— under subsection (a), the Secretary shall de- other renewable energy resources; (A) IN GENERAL.—A consortium seeking to velop a plan to improve coordination and (ii) that produces nuclear energy; establish and operate a Hub under subsection collaboration in research, development, dem- (iii) for carbon capture and sequestration; (b)(1) shall submit to the Secretary an appli- onstration, and commercial application ac- (iv) that enables advanced vehicles, vehicle cation at such time, in such manner, and tivities across organizational boundaries of components, and related technologies that containing such information as the Sec- the Department. result in significant energy savings; retary may require, including a detailed de- ‘‘(2) PLAN CONTENTS.—The plan developed (v) that generates, transmits, distributes, scription of each element of the consortium under paragraph (1) shall describe— uses, or stores energy more efficiently than agreement required under paragraph (1)(B).

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(B) REQUIREMENT.—If the consortium mem- SEC. 302. MISSION. ‘‘(1) IN GENERAL.—The Secretary shall bers will not be located at one centralized lo- Section 209 of the Department of Energy carry out a research initiative, to be known cation, the application under subparagraph Organization Act (42 U.S.C. 7139) is amended as the ‘Solar Fuels Research Initiative’ (re- (A) shall include a communications plan that by adding at the end the following: ferred to in this section as the ‘Initiative’) to ensures close coordination and integration of ‘‘(c) MISSION.—The mission of the Office of expand theoretical and fundamental knowl- Hub activities. Science shall be the delivery of scientific dis- edge of photochemistry, electrochemistry, (3) SELECTION.— coveries, capabilities, and major scientific biochemistry, and materials science useful (A) IN GENERAL.—The Secretary shall se- tools to transform the understanding of na- for the practical development of experi- lect consortia for awards for the establish- ture and to advance the energy, economic, mental systems to convert solar energy to ment and operation of Hubs through a com- and national security of the United States.’’. chemical energy. petitive selection process. SEC. 303. BASIC ENERGY SCIENCES. ‘‘(2) LEVERAGING.—In carrying out pro- (B) CONSIDERATIONS.—In selecting con- (a) ENERGY FRONTIER RESEARCH CENTERS.— grams and activities under the Initiative, sortia under subparagraph (A), the Secretary (1) IN GENERAL.—The Director shall carry the Secretary shall leverage expertise and shall consider— out a program to provide awards, on a com- resources from— (i) the information disclosed by the consor- petitive, merit-reviewed basis, to multi-in- ‘‘(A) the Basic Energy Sciences Program tium under this subsection; and stitutional collaborations or other appro- and the Biological and Environmental Re- (ii) any existing facilities a consortium priate entities to conduct fundamental and search Program of the Office of Science; and will provide for Hub activities. use-inspired energy research to accelerate ‘‘(B) the Office of Energy Efficiency and scientific breakthroughs. Renewable Energy. (d) TERM.— (2) COLLABORATIONS.—A collaboration re- ‘‘(3) TEAMS.— (1) IN GENERAL.—An award made to a Hub ceiving an award under this subsection may ‘‘(A) IN GENERAL.—In carrying out the Ini- under this section shall be for a period of not include multiple types of institutions and tiative, the Secretary shall organize activi- more than 5 years, subject to the availability private sector entities. ties among multidisciplinary teams to lever- of appropriations, after which the award may (3) SELECTION AND DURATION.— age, to the maximum extent practicable, ex- be renewed, subject to a rigorous merit re- (A) IN GENERAL.—A collaboration under pertise from the National Laboratories, in- view. this subsection shall be selected for a period stitutions of higher education, and the pri- (2) EXISTING HUBS.—A Hub already in exist- of 4 years. vate sector. ence on, or undergoing a renewal process on, (B) EXISTING CENTERS.—An Energy Fron- ‘‘(B) GOALS.—The multidisciplinary teams the date of enactment of this Act— tier Research Center in existence and sup- described in subparagraph (A) shall pursue (A) may continue to receive support during ported by the Director on the date of enact- aggressive, milestone-driven, basic research the 5-year period beginning on the date of es- ment of this Act may continue to receive goals. tablishment of that Hub; and support for a period of 4 years beginning on ‘‘(C) RESOURCES.—The Secretary shall pro- (B) shall be eligible for renewal of that sup- the date of establishment of that center. vide sufficient resources to the multidisci- port at the end of that 5-year period. (C) REAPPLICATION.—After the end of the plinary teams described in subparagraph (A) (e) HUB OPERATIONS.— period described in subparagraph (A) or (B), to achieve the goals described in subpara- (1) IN GENERAL.—Each Hub shall conduct or as applicable, a recipient of an award may graph (B) over a period of time to be deter- provide for multidisciplinary, collaborative reapply for selection on a competitive, mined by the Secretary. research, development, demonstration, and merit-reviewed basis. ‘‘(4) ADDITIONAL ACTIVITIES.—The Sec- commercial application of advanced energy (D) TERMINATION.—Consistent with the ex- retary may organize additional activities technologies within the technology develop- isting authorities of the Department, the Di- under this subsection through Energy Fron- ment focus designated under subsection rector may terminate an underperforming tier Research Centers, Energy Innovation (b)(2). center for cause during the performance pe- Hubs, or other organizational structures. (2) ACTIVITIES.—Each Hub shall— riod. ‘‘(b) ARTIFICIAL PHOTOSYNTHESIS.— (A) encourage collaboration and commu- (4) NO FUNDING FOR CONSTRUCTION.—No ‘‘(1) IN GENERAL.—The Secretary shall nication among the member qualifying enti- funding provided pursuant to this subsection carry out under the Initiative a program to ties of the consortium and awardees; may be used for the construction of new support research needed to bridge scientific (B) develop and publish proposed plans and buildings or facilities. barriers to, and discover knowledge relevant programs on a publicly accessible website; (b) BASIC ENERGY SCIENCES USER FACILI- to, artificial photosynthetic systems. (C) submit an annual report to the Depart- TIES.— ‘‘(2) ACTIVITIES.—As part of the program ment summarizing the activities of the Hub, (1) IN GENERAL.—The Director shall carry described in paragraph (1)— including— out a program for the development, con- ‘‘(A) the Director of the Office of Basic En- (i) detailing organizational expenditures; struction, operation, and maintenance of na- ergy Sciences shall support basic research to and tional user facilities. pursue distinct lines of scientific inquiry, in- (ii) describing each project undertaken by (2) REQUIREMENTS.—To the maximum excluding— the Hub; and tent practicable, the national user facilities ‘‘(i) photoinduced production of hydrogen (D) monitor project implementation and developed, constructed, operated, or main- and oxygen from water; and coordination. tained under paragraph (1) shall serve the ‘‘(ii) the sustainable photoinduced reduc- (3) CONFLICTS OF INTEREST.—Each Hub needs of the Department, industry, the aca- tion of carbon dioxide to fuel products in- shall maintain conflict of interest proce- demic community, and other relevant enti- cluding hydrocarbons, alcohols, carbon mon- dures, consistent with the conflict of inter- ties to create and examine materials and oxide, and natural gas; and est procedures of the Department. chemical processes for the purpose of im- ‘‘(B) the Assistant Secretary for Energy (4) PROHIBITION ON CONSTRUCTION.— proving the competitiveness of the United Efficiency and Renewable Energy shall sup- (A) IN GENERAL.—Except as provided in States. port translational research, development, subparagraph (B)— (3) INCLUDED FACILITIES.—The national user and validation of physical concepts devel- (i) no funds provided under this section facilities developed, constructed, operated, oped under the program. may be used for construction of new build- or maintained under paragraph (1) shall in- ‘‘(3) STANDARD OF REVIEW.—The Secretary ings or facilities for Hubs; and clude— shall review activities carried out under the (ii) construction of new buildings or facili- (A) x-ray light sources; program described in paragraph (1) to deter- ties shall not be considered as part of the (B) neutron sources; mine the achievement of technical mile- non-Federal share of a Hub cost-sharing (C) nanoscale science research centers; and stones. agreement. (D) such other facilities as the Director ‘‘(4) PROHIBITION.—No funds allocated to (B) TEST BED AND RENOVATION EXCEPTION.— considers appropriate, consistent with sec- the program described in paragraph (1) may Nothing in this paragraph prohibits the use tion 209 of the Department of Energy Organi- be obligated or expended for commercial ap- of funds provided under this section or non- zation Act (42 U.S.C. 7139). plication of energy technology. Federal cost share funds for the construction (c) ACCELERATOR RESEARCH AND DEVELOP- ‘‘(c) BIOCHEMISTRY, REPLICATION OF NAT- of a test bed or renovations to existing build- MENT.—The Director shall carry out research URAL PHOTOSYNTHESIS, AND RELATED PROC- ings or facilities for the purposes of research and development on advanced accelerator ESSES.— if the Secretary determines that the test bed and storage ring technologies relevant to the ‘‘(1) IN GENERAL.—The Secretary shall or renovations are limited to a scope and development of basic energy sciences user fa- carry out under the Initiative a program to scale necessary for the research to be con- cilities, in consultation with the High En- support research needed to replicate natural ducted. ergy Physics and Nuclear Physics programs photosynthetic processes by use of artificial of the Office of Science. photosynthetic components and materials. TITLE III—DEPARTMENT OF ENERGY (d) SOLAR FUELS RESEARCH INITIATIVE.— ‘‘(2) ACTIVITIES.—As part of the program OFFICE OF SCIENCE POLICY (1) IN GENERAL.—Section 973 of the Energy described in paragraph (1)— Policy Act of 2005 (42 U.S.C. 16313) is amend- ‘‘(A) the Director of the Office of Basic En- SEC. 301. SHORT TITLE. ed to read as follows: ergy Sciences shall support basic research to This title may be cited as the ‘‘Department ‘‘SEC. 973. SOLAR FUELS RESEARCH INITIATIVE. expand fundamental knowledge to replicate of Energy Office of Science Policy Act’’. ‘‘(a) INITIATIVE.— natural synthesis processes, including—

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‘‘(i) the photoinduced reduction of ‘‘(4) ADDITIONAL ACTIVITIES.—The Sec- ‘‘(B) the Assistant Secretary for Energy dinitrogen to ammonia; retary may organize additional activities Efficiency and Renewable Energy shall sup- ‘‘(ii) the absorption of carbon dioxide from under this subsection through Energy Fron- port translational research, development, ambient air; tier Research Centers, Energy Innovation and validation of physical concepts devel- ‘‘(iii) molecular-based charge separation Hubs, or other organizational structures. oped under the program. and storage; ‘‘(b) MULTIVALENT SYSTEMS.— ‘‘(3) STANDARD OF REVIEW.—The Secretary ‘‘(iv) photoinitiated electron transfer; and ‘‘(1) IN GENERAL.—The Secretary shall shall review activities carried out under the ‘‘(v) catalysis in biological or biomimetic carry out under the Initiative a program to program described in paragraph (1) to deter- systems; support research needed to bridge scientific mine the achievement of technical mile- ‘‘(B) the Associate Director of Biological barriers to, and discover knowledge relevant stones. and Environmental Research shall support to, multivalent ion materials in electric en- ‘‘(4) PROHIBITION.—No funds allocated to systems biology and genomics approaches to ergy storage systems. the program described in paragraph (1) may understand genetic and physiological path- ‘‘(2) ACTIVITIES.—As part of the program be obligated or expended for commercial ap- ways connected to photosynthetic mecha- described in paragraph (1)— plication of energy technology.’’. nisms; and ‘‘(A) the Director of the Office of Basic En- (2) CONFORMING AMENDMENT.—The table of ‘‘(C) the Assistant Secretary for Energy Ef- ergy Sciences shall investigate electro- contents for the Energy Policy Act of 2005 is ficiency and Renewable Energy shall support chemical properties and the dynamics of ma- amended by striking the item relating to translational research, development, and terials, including charge transfer phenomena section 975 and inserting the following: and mass transport in materials; and validation of physical concepts developed ‘‘Sec. 975. Electricity storage research ini- under the program. ‘‘(B) the Assistant Secretary for Energy tiative.’’. ‘‘(3) STANDARD OF REVIEW.—The Secretary Efficiency and Renewable Energy shall sup- shall review activities carried out under the port translational research, development, SEC. 304. ADVANCED SCIENTIFIC COMPUTING RE- SEARCH. program described in paragraph (1) to deter- and validation of physical concepts devel- (a) AMERICAN SUPER COMPUTING LEADER- mine the achievement of technical mile- oped under the program. SHIP.— stones. ‘‘(3) STANDARD OF REVIEW.—The Secretary (1) RENAMING OF ACT.— ‘‘(4) PROHIBITION.—No funds allocated to shall review activities carried out under the the program described in paragraph (1) may program described in paragraph (1) to deter- (A) IN GENERAL.—Section 1 of the Depart- be obligated or expended for commercial ap- mine the achievement of technical mile- ment of Energy High-End Computing Revi- plication of energy technology.’’. stones. talization Act of 2004 (15 U.S.C. 5501 note; (2) CONFORMING AMENDMENT.—The table of ‘‘(4) PROHIBITION.—No funds allocated to Public Law 108–423) is amended by striking contents for the Energy Policy Act of 2005 is the program described in paragraph (1) may ‘‘Department of Energy High-End Computing amended by striking the item relating to be obligated or expended for commercial ap- Revitalization Act of 2004’’ and inserting section 973 and inserting the following: plication of energy technology. ‘‘American Super Computing Leadership Act of 2017’’. ‘‘Sec. 973. Solar fuels research initiative.’’. ‘‘(c) ELECTROCHEMISTRY MODELING AND SIM- (B) CONFORMING AMENDMENT.—Section (e) ELECTRICITY STORAGE RESEARCH INITIA- ULATION.— TIVE.— ‘‘(1) IN GENERAL.—The Secretary shall 976(a)(1) of the Energy Policy Act of 2005 (42 (1) IN GENERAL.—Section 975 of the Energy carry out under the Initiative a program to U.S.C. 16316(1)) is amended by striking ‘‘De- Policy Act of 2005 (42 U.S.C. 16315) is amend- support research to model and simulate or- partment of Energy High-End Computing Re- ed to read as follows: ganic electrolytes, including the static and vitalization Act of 2004’’ and inserting ‘‘SEC. 975. ELECTRICITY STORAGE RESEARCH INI- dynamic electrochemical behavior and phe- ‘‘American Super Computing Leadership Act TIATIVE. nomena of organic electrolytes at the molec- of 2017’’. ‘‘(a) INITIATIVE.— ular and atomic level in monovalent and (2) DEFINITIONS.—Section 2 of the Amer- ‘‘(1) IN GENERAL.—The Secretary shall multivalent systems. ican Super Computing Leadership Act of 2017 carry out a research initiative, to be known ‘‘(2) ACTIVITIES.—As part of the program (15 U.S.C. 5541) is amended— as the ‘Electricity Storage Research Initia- described in paragraph (1)— (A) by redesignating paragraphs (2) tive’ (referred to in this section as the ‘Ini- ‘‘(A) the Director of the Office of Basic En- through (5) as paragraphs (3) through (6), re- tiative’)— ergy Sciences, in coordination with the Asso- spectively; ‘‘(A) to expand theoretical and funda- ciate Director of Advanced Scientific Com- (B) by striking paragraph (1) and inserting mental knowledge to control, store, and con- puting Research, shall support the develop- the following: vert— ment of high performance computational ‘‘(1) DEPARTMENT.—The term ‘Department’ ‘‘(i) electrical energy to chemical energy; tools through a joint development process to means the Department of Energy. and maximize the effectiveness of current and ‘‘(2) EXASCALE COMPUTING.—The term ‘‘(ii) chemical energy to electrical energy; projected high performance computing sys- ‘exascale computing’ means computing and tems; and through the use of a computing machine ‘‘(B) to support scientific inquiry into the ‘‘(B) the Assistant Secretary for Energy that performs near or above 10 to the 18th practical understanding of chemical and Efficiency and Renewable Energy shall sup- power operations per second.’’; and physical processes that occur within systems port translational research, development, (C) in paragraph (6) (as redesignated by involving crystalline and amorphous solids, and validation of physical concepts devel- subparagraph (A)), by striking ‘‘, acting polymers, and organic and aqueous liquids. oped under the program. through the Director of the Office of Science ‘‘(2) LEVERAGING.—In carrying out pro- ‘‘(3) STANDARD OF REVIEW.—The Secretary of the Department of Energy’’. grams and activities under the Initiative, shall review activities carried out under the (3) DEPARTMENT OF ENERGY HIGH-END COM- the Secretary shall leverage expertise and program described in paragraph (1) to deter- PUTING RESEARCH AND DEVELOPMENT PRO- resources from— mine the achievement of technical mile- GRAM.—Section 3 of the American Super ‘‘(A) the Basic Energy Sciences Program, stones. Computing Leadership Act of 2017 (15 U.S.C. the Advanced Scientific Computing Research ‘‘(4) PROHIBITION.—No funds allocated to 5542) is amended— Program, and the Biological and Environ- the program described in paragraph (1) may (A) in subsection (a)(1), by striking ‘‘pro- mental Research Program of the Office of be obligated or expended for commercial ap- gram’’ and inserting ‘‘coordinated program Science; and plication of energy technology. across the Department’’; ‘‘(B) the Office of Energy Efficiency and ‘‘(d) MESOSCALE ELECTROCHEMISTRY.— (B) in subsection (b)(2), by striking ‘‘, Renewable Energy. ‘‘(1) IN GENERAL.—The Secretary shall which may’’ and all that follows through ‘‘(3) TEAMS.— carry out under the Initiative a program to ‘‘architectures’’; and ‘‘(A) IN GENERAL.—In carrying out the Ini- support research needed to reveal electro- (C) by striking subsection (d) and inserting tiative, the Secretary shall organize activi- chemistry in confined mesoscale spaces, in- the following: ties among multidisciplinary teams to lever- cluding scientific discoveries relevant to— ‘‘(d) EXASCALE COMPUTING PROGRAM.— age, to the maximum extent practicable, ex- ‘‘(A) bio-electrochemistry and electro- ‘‘(1) IN GENERAL.—The Secretary shall con- pertise from the National Laboratories, in- chemical energy conversion and storage in duct a research program (referred to in this stitutions of higher education, and the pri- confined spaces; and subsection as the ‘Program’) for exascale vate sector. ‘‘(B) the dynamics of the phenomena de- computing, including the development of ‘‘(B) GOALS.—The multidisciplinary teams scribed in subparagraph (A). two or more exascale computing machine ar- described in subparagraph (A) shall pursue ‘‘(2) ACTIVITIES.—As part of the program chitectures, to promote the missions of the aggressive, milestone-driven, basic research described in paragraph (1)— Department. goals. ‘‘(A) the Director of the Office of Basic En- ‘‘(2) EXECUTION.— ‘‘(C) RESOURCES.—The Secretary shall pro- ergy Sciences and the Associate Director of ‘‘(A) IN GENERAL.—In carrying out the Pro- vide sufficient resources to the multidisci- Biological and Environmental Research shall gram, the Secretary shall— plinary teams described in subparagraph (A) investigate phenomena of mesoscale electro- ‘‘(i) establish two or more National Lab- to achieve the goals described in subpara- chemical confinement for the purpose of rep- oratory partnerships with industry partners graph (B) over a period of time to be deter- licating and controlling new electrochemical and institutions of higher education for the mined by the Secretary. behavior; and research and development of two or more

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exascale computing architectures across all support research in high-performance com- (1) IN GENERAL.—The Director shall carry applicable organizations of the Department; puting and networking relevant to energy out a research program on low-dose radi- ‘‘(ii) conduct mission-related codesign ac- applications, including modeling, simula- ation. tivities in developing the exascale com- tion, and advanced data analytics for basic (2) PURPOSE.—The purpose of the program puting architectures under clause (i); and applied energy research programs car- is to enhance the scientific understanding of, ‘‘(iii) develop such advancements in hard- ried out by the Secretary. and reduce uncertainties associated with, ware and software technology as are required (c) APPLIED MATHEMATICS AND SOFTWARE the effects of exposure to low-dose radiation to fully realize the potential of an exascale DEVELOPMENT FOR HIGH-END COMPUTING SYS- to inform improved risk-management meth- production system in addressing Department TEMS.—The Director shall carry out activi- ods. target applications and solving scientific ties to develop, test, and support— SEC. 307. FUSION ENERGY. problems involving predictive modeling and (1) mathematics, models, and algorithms (a) FUSION MATERIALS RESEARCH AND DE- simulation and large scale data analytics for complex systems and programming envi- VELOPMENT.—As part of the activities au- and management; ronments; and thorized in section 978 of the Energy Policy ‘‘(iv) explore the use of exascale computing (2) tools, languages, and operating systems Act of 2005 (42 U.S.C. 16318)— technologies to advance a broad range of for high-end computing systems (as defined (1) the Director, in coordination with the science and engineering; and in section 2 of the American Super Com- Assistant Secretary for Nuclear Energy of ‘‘(v) provide, as appropriate, on a competi- puting Leadership Act of 2017 (15 U.S.C. the Department, shall carry out research and tive, merit-reviewed basis, access for re- 5541)). development activities to identify, charac- searchers in industries in the United States, SEC. 305. HIGH-ENERGY PHYSICS. terize, and demonstrate materials that can institutions of higher education, National (a) SENSE OF CONGRESS.—It is the sense of endure the neutron, plasma, and heat fluxes Laboratories, and other Federal agencies to Congress that— expected in a fusion power system; and the exascale computing systems developed (1) the Director should incorporate the (2) the Director shall provide an assess- pursuant to clause (i). findings and recommendations of the report ment of— ‘‘(B) SELECTION OF PARTNERS.—The Sec- of the Particle Physics Project (A) the need for one or more facilities that retary shall select the partnerships with the Prioritization Panel entitled ‘‘Building for can examine and test potential fusion and computing facilities of the Department Discovery: Strategic Plan for U.S. Particle next generation fission materials and other under subparagraph (A) through a competi- Physics in the Global Context’’ into the enabling technologies relevant to the devel- tive, peer-review process. planning process of the Department; and opment of fusion power; and ‘‘(3) CODESIGN AND APPLICATION DEVELOP- (2) the nations that lead in particle physics (B) whether a single new facility that sub- MENT.— by hosting international teams dedicated to stantially addresses magnetic fusion and ‘‘(A) IN GENERAL.—The Secretary shall— a common scientific goal attract the world’s next generation fission materials research ‘‘(i) carry out the Program through an in- best talent and inspire future generations of needs is feasible, in conjunction with the ex- tegration of applications, computer science, physicists and technologists. pected capabilities of facilities operational applied mathematics, and computer hard- (b) INTERNATIONAL COLLABORATION.—The as of the date of enactment of this Act. ware architecture using the partnerships es- Director, as practicable and in coordination (b) TOKAMAK RESEARCH AND DEVELOP- tablished pursuant to paragraph (2) to ensure with other appropriate Federal agencies as MENT.—The Director shall support research that, to the maximum extent practicable, necessary, shall ensure the access of United and development activities and facility oper- two or more exascale computing machine ar- States researchers to the most advanced ac- ations to optimize the tokamak approach to chitectures are capable of solving Depart- celerator facilities and research capabilities fusion energy. ment target applications and broader sci- in the world, including the Large Hadron (c) INERTIAL FUSION ENERGY RESEARCH AND entific problems, including predictive mod- Collider. DEVELOPMENT.—The Director shall support eling and simulation and large scale data (c) NEUTRINO RESEARCH.—The Director research and development activities for iner- analytics and management; and shall carry out research activities on rare tial fusion for energy applications. (d) ALTERNATIVE AND ENABLING CON- ‘‘(ii) conduct outreach programs to in- decay processes and the nature of the neu- CEPTS.—The Director shall support research crease the readiness for the use of such plat- trino, which may include collaborations with and development activities and facility oper- forms by domestic industries, including the National Science Foundation or inter- manufacturers. ations at institutions of higher education, national collaborations. National Laboratories, and private facilities ‘‘(B) REPORT.—The Secretary shall submit (d) DARK ENERGY AND DARK MATTER RE- in the United States for a portfolio of alter- to Congress a report describing— SEARCH.—The Director shall carry out re- native and enabling fusion energy concepts ‘‘(i) how the integration under subpara- search activities on the nature of dark en- that may provide solutions to significant graph (A) is furthering application science ergy and dark matter, which may include data and computational workloads across ap- challenges to the establishment of a com- collaborations with the National Aero- mercial magnetic fusion power plant, plication interests, including national secu- nautics and Space Administration or the Na- prioritized based on the ability of the United rity, material science, physical science, cy- tional Science Foundation; or international States to play a leadership role in the inter- bersecurity, biological science, the Materials collaborations. national fusion research community. Genome and BRAIN Initiatives of the Presi- SEC. 306. BIOLOGICAL AND ENVIRONMENTAL RE- (e) COORDINATION WITH ARPA–E.—The Di- dent, advanced manufacturing, and the na- SEARCH. rector shall coordinate with the Director of tional electric grid; and (a) BIOLOGICAL SYSTEMS.—The Director the Advanced Research Projects Agency–En- ‘‘(ii) the roles and responsibilities of Na- shall carry out research and development ac- ergy (referred to in this subsection as tional Laboratories and industry, including tivities in fundamental, structural, com- ‘‘ARPA–E’’) to— the definition of the roles and responsibil- putational, and systems biology to increase (1) assess the potential for any fusion en- ities within the Department to ensure an in- systems-level understanding of the complex ergy project supported by ARPA–E to rep- tegrated program across the Department. biological systems, which may include ac- resent a promising approach to a commer- ‘‘(4) PROJECT REVIEW.— tivities— cially viable fusion power plant; ‘‘(A) IN GENERAL.—The exascale architec- (1) to accelerate breakthroughs and new (2) determine whether the results of any tures developed pursuant to partnerships es- knowledge that would enable the cost-effec- fusion energy project supported by ARPA–E tablished pursuant to paragraph (2) shall be tive, sustainable production of— merit the support of follow-on research ac- reviewed through a project review process. (A) biomass-based liquid transportation tivities carried out by the Office of Science; ‘‘(B) REPORT.—Not later than 90 days after fuels; and the date of enactment of this subsection, the (B) bioenergy; and (3) avoid the unintentional duplication of Secretary shall submit to Congress a report (C) biobased materials; activities. on— (2) to improve understanding of the global (f) FAIRNESS IN COMPETITION FOR SOLICITA- ‘‘(i) the results of the review conducted carbon cycle, including processes for remov- TIONS FOR INTERNATIONAL PROJECT ACTIVI- under subparagraph (A); and ing carbon dioxide from the atmosphere, TIES.—Section 33 of the Atomic Energy Act ‘‘(ii) the coordination and management of through photosynthesis and other biological of 1954 (42 U.S.C. 2053) is amended by insert- the Program to ensure an integrated re- processes, for sequestration and storage; and ing before the first sentence the following: search program across the Department. (3) to understand the biological mecha- ‘‘In this section, with respect to inter- ‘‘(5) ANNUAL REPORTS.—At the time of the nisms used to transform, immobilize, or re- national research projects, the term ‘private budget submission of the Department for move contaminants from subsurface environ- facilities or laboratories’ means facilities or each fiscal year, the Secretary, in consulta- ments. laboratories located in the United States.’’. tion with the members of the partnerships (b) LIMITATION FOR RESEARCH FUNDS.—The (g) IDENTIFICATION OF PRIORITIES.— established pursuant to paragraph (2), shall Director shall not approve new climate (1) REPORT.— submit to Congress a report that describes science-related initiatives without making a (A) IN GENERAL.—Not later than 2 years funding for the Program as a whole by func- determination that such work is well-coordi- after the date of enactment of this Act, the tional element of the Department and crit- nated with any relevant work carried out by Secretary shall submit to Congress a report ical milestones.’’. other Federal agencies. on the fusion energy research and develop- (b) HIGH-PERFORMANCE COMPUTING AND (c) LOW-DOSE RADIATION RESEARCH PRO- ment activities that the Department pro- NETWORKING RESEARCH.—The Director shall GRAM.— poses to carry out over the 10-year period

VerDate Sep 11 2014 03:28 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00110 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JY6.035 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE July 23, 2018 CONGRESSIONAL RECORD — SENATE S5225 following the date of the report under not STRENGTHENING CAREER AND fore the Senate, I ask unanimous con- fewer than 3 realistic budget scenarios, in- TECHNICAL EDUCATION FOR THE sent that it stand adjourned under the cluding a scenario based on 3-percent annual 21ST CENTURY ACT previous order. growth in the non-ITER portion of the budg- There being no objection, the Senate, et for fusion energy research and develop- Ms. MURKOWSKI. Mr. President, I ment activities. ask unanimous consent that the at 6:53 p.m., adjourned until Tuesday, (B) INCLUSIONS.—The report required under Health, Education, Labor, and Pen- July 24, 2018, at 10 a.m. subparagraph (A) shall— sions Committee be discharged from f (i) identify specific areas of fusion energy further consideration of H.R. 2353 and NOMINATIONS research and enabling technology develop- the Senate proceed to its immediate ment in which the United States can and consideration. Executive nominations received by should establish or solidify a lead in the the Senate: global fusion energy development effort; The PRESIDING OFFICER. Without OVERSEAS PRIVATE INVESTMENT CORPORATION (ii) identify priorities for initiation of fa- objection, it is so ordered. cility construction and facility decommis- The clerk will report the bill by title. CHRISTOPHER P. VINCZE, OF MASSACHUSETTS, TO BE A MEMBER OF THE BOARD OF DIRECTORS OF THE OVER- sioning under each of the three budget sce- The senior assistant legislative clerk SEAS PRIVATE INVESTMENT CORPORATION FOR A TERM narios described in subparagraph (A); and read as follows: EXPIRING DECEMBER 17, 2019, VICE TODD A. FISHER, TERM EXPIRED. (iii) assess the ability of the fusion work- A bill (H.R. 2353) to reauthorize the Carl D. force of the United States to carry out the Perkins Career and Technical Education Act DEPARTMENT OF STATE activities identified under clauses (i) and (ii), of 2006. EARL ROBERT MILLER, OF MICHIGAN, A CAREER MEM- including the adequacy of programs at insti- BER OF THE SENIOR FOREIGN SERVICE, CLASS OF COUN- tutions of higher education in the United There being no objection, the Senate SELOR, TO BE AMBASSADOR EXTRAORDINARY AND proceeded to consider the bill. PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA States to train the leaders and workers of TO THE PEOPLE’S REPUBLIC OF BANGLADESH. the next generation of fusion energy re- Ms. MURKOWSKI. I ask unanimous NATIONAL FOUNDATION ON THE ARTS AND THE searchers. consent that the Alexander substitute HUMANITIES (2) PROCESS.—In order to develop the re- amendment at the desk be agreed to port required under paragraph (1)(A), the KATHE HICKS ALBRECHT, OF CALIFORNIA, TO BE A and the bill, as amended, be considered MEMBER OF THE NATIONAL COUNCIL ON THE HUMAN- Secretary shall leverage best practices and read a third time. ITIES FOR A TERM EXPIRING JANUARY 26, 2024, VICE lessons learned from the process used to de- The PRESIDING OFFICER. Without BRUCE R. SIEVERS, TERM EXPIRED. velop the most recent report of the Particle KEEGAN F. CALLANAN, OF VERMONT, TO BE A MEMBER objection, it is so ordered. OF THE NATIONAL COUNCIL ON THE HUMANITIES FOR A Physics Project Prioritization Panel of the TERM EXPIRING JANUARY 26, 2024, VICE MANFREDI High Energy Physics Advisory Panel. The amendment (No. 3408) in the na- PICCOLOMINI, RESIGNED. (3) REQUIREMENT.—No member of the Fu- ture of a substitute was agreed to. DAVID ARMAND DEKEYSER, OF ALABAMA, TO BE A (The amendment is printed in today’s MEMBER OF THE NATIONAL COUNCIL ON THE HUMAN- sion Energy Sciences Advisory Committee ITIES FOR A TERM EXPIRING JANUARY 26, 2020, VICE shall be excluded from participating in de- RECORD under ‘‘Text of Amendments.’’) DAWN HO DELBANCO, TERM EXPIRED. veloping or voting on final approval of the The amendment was ordered to be KIM R. HOLMES, OF VIRGINIA, TO BE A MEMBER OF THE NATIONAL COUNCIL ON THE HUMANITIES FOR A TERM report required under paragraph (1)(A). engrossed and the bill to be read a EXPIRING JANUARY 26, 2022, VICE PAULA BARKER DUFFY, SEC. 308. NUCLEAR PHYSICS. third time. TERM EXPIRED. (a) ISOTOPE DEVELOPMENT AND PRODUCTION PHYLLIS KAMINSKY, OF ARIZONA, TO BE A MEMBER OF The bill was read the third time. THE NATIONAL COUNCIL ON THE HUMANITIES FOR A FOR RESEARCH APPLICATIONS.—The Direc- Ms. MURKOWSKI. I know of no fur- TERM EXPIRING JANUARY 26, 2020, VICE ADELE LOGAN tor— ALEXANDER, TERM EXPIRED. (1) may carry out a program for the pro- ther debate on the bill. JEAN M. YARBROUGH, OF MAINE, TO BE A MEMBER OF The PRESIDING OFFICER. Is there THE NATIONAL COUNCIL ON THE HUMANITIES FOR A duction of isotopes, including the develop- TERM EXPIRING JANUARY 26, 2022, VICE MARTHA WAG- ment of techniques to produce isotopes, that further debate? NER WEINBERG, TERM EXPIRED. the Secretary determines are needed for re- If not, the bill having been read the DEPARTMENT OF COMMERCE search, medical, industrial, or related pur- third time, the question is, Shall the STEVEN DILLINGHAM, OF VIRGINIA, TO BE DIRECTOR poses; and bill pass? OF THE CENSUS FOR A TERM EXPIRING DECEMBER 31, (2) shall ensure that isotope production ac- The bill (H.R. 2353), as amended, was 2021, VICE JOHN H. THOMPSON, TERM EXPIRED. tivities carried out under the program under passed. IN THE AIR FORCE this paragraph do not compete with private Ms. MURKOWSKI. I ask unanimous THE FOLLOWING NAMED OFFICER FOR APPOINTMENT industry unless the Director determines that consent that the motion to reconsider AS THE CHIEF OF CHAPLAINS, UNITED STATES AIR critical national interests require the in- FORCE, AND APPOINTMENT IN THE UNITED STATES AIR volvement of the Federal Government. be considered made and laid upon the FORCE TO THE GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 8039: (b) RENAMING OF THE RARE ISOTOPE ACCEL- table. ERATOR.—Section 981 of the Energy Policy The PRESIDING OFFICER. Without To be major general Act of 2005 (42 U.S.C. 16321) is amended— objection, it is so ordered. BRIG. GEN. STEVEN A. SCHAICK (1) in the section heading, by striking f THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ‘‘RARE ISOTOPE ACCELERATOR’’ and inserting IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- CATED UNDER TITLE 10, U.S.C., SECTION 624: ‘‘FACILITY FOR RARE ISOTOPE BEAMS’’; and ORDERS FOR TUESDAY, JULY 24, (2) by striking ‘‘Rare Isotope Accelerator’’ 2018 To be brigadier general each place it appears and inserting ‘‘Facility Ms. MURKOWSKI. Mr. President, I COL. RONALD M. HARVELL for Rare Isotope Beams’’. IN THE ARMY SEC. 309. SCIENCE LABORATORIES INFRASTRUC- ask unanimous consent that when the TURE PROGRAM. Senate completes its business today, it THE FOLLOWING NAMED ARMY NATIONAL GUARD OF THE UNITED STATES OFFICER FOR APPOINTMENT IN (a) IN GENERAL.—The Director shall carry adjourn until 10 a.m., Tuesday, July 24; THE RESERVE OF THE ARMY TO THE GRADE INDICATED out a program to improve the safety, effi- further, that following the prayer and UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: ciency, and mission readiness of infrastruc- pledge, the morning hour be deemed To be brigadier general ture at laboratories of the Office of Science. COL. CHARLES L. KNOWLES (b) INCLUSIONS.—The program under sub- expired, the Journal of proceedings be section (a) shall include projects— approved to date, the time for the two IN THE AIR FORCE (1) to renovate or replace space that does leaders be reserved for their use later THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT not meet research needs; in the day, and morning business be IN THE GRADE INDICATED IN THE REGULAR AIR FORCE (2) to replace facilities that are no longer closed; further, that following leader UNDER TITLE 10, U.S.C., SECTION 531: cost effective to renovate or operate; remarks, the Senate resume consider- To be lieutenant colonel (3) to modernize utility systems to prevent ation of H.R. 6147; finally, that the Sen- STEVEN J. NORDEEN STEPHANIE E. WILSON failures and ensure efficiency; ate recess from 12:30 p.m. until 2:15 (4) to remove excess facilities to allow safe IN THE ARMY p.m. to allow for the weekly conference and efficient operations; and THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT (5) to construct modern facilities to con- meetings. TO THE GRADE INDICATED IN THE UNITED STATES ARMY duct advanced research in controlled envi- The PRESIDING OFFICER. Without AS CHAPLAINS UNDER TITLE 10, U.S.C., SECTIONS 624 AND ronmental conditions. objection, it is so ordered. 3064: To be colonel Ms. MURKOWSKI. I ask unanimous f consent that the motion to reconsider DAWUD A. A. AGBERE be considered made and laid upon the ADJOURNMENT UNTIL 10 A.M. EDDIE W. COOK TOMORROW RONALD E. COOPER, JR. table. BRIAN P. CRANE The PRESIDING OFFICER. Without Ms. MURKOWSKI. Mr. President, if LANE J. CREAMER LAWRENCE M. DABECK objection, it is so ordered. there is no further business to come be- KEVIN L. GUTHRIE

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CHARLES E. HAMLIN To be colonel DEPARTMENT OF VETERANS AFFAIRS PAUL R. JAEDICKE CARRON A. JONES MICHAEL J. LOOMIS ROBERT L. WILKIE, OF NORTH CAROLINA, TO BE SEC- MOON H. KIM THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RETARY OF VETERANS AFFAIRS. KRZYSZTOF A. KOPEC TO THE GRADE INDICATED IN THE RESERVE OF THE VAIOA T. LEAU ARMY UNDER TITLE 10, U.S.C., SECTION 12203: WILLIAM A. LOVELL f SHAWN E. MCCAMMON To be colonel STEVEN J. MOSER LATONIA M. MAHNKE STEVE W. PROST THE FOLLOWING NAMED OFFICER FOR APPOINTMENT WITHDRAWAL KHALLID M. SHABAZZ TO THE GRADE INDICATED IN THE UNITED STATES ARMY MARK A. STEWART JUDGE ADVOCATE GENERAL’S CORPS UNDER TITLE 10, Executive Message transmitted by D010823 U.S.C., SECTIONS 624 AND 3064: the President to the Senate on July 23, THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be lieutenant colonel TO THE GRADE INDICATED IN THE RESERVE OF THE 2018 withdrawing from further Senate ARMY UNDER TITLE 10, U.S.C., SECTION 12203: JUSTIN A. EVISON consideration the following nomina- To be colonel f tion: CYNTHIA A. HOPKINS CONFIRMATION CHRISTOPHER R. SHARPLEY, OF VIRGINIA, TO BE IN- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT SPECTOR GENERAL, CENTRAL INTELLIGENCE AGENCY, TO THE GRADE INDICATED IN THE RESERVE OF THE Executive nomination confirmed by VICE DAVID B. BUCKLEY, RESIGNED, WHICH WAS SENT ARMY UNDER TITLE 10, U.S.C., SECTION 12203: the Senate July 23, 2018: TO THE SENATE ON SEPTEMBER 5, 2017.

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HONORING JAMES DRUMRIGHT years of dedication to the National Institute on As with many of our fellow colleagues, I Drug Abuse (NIDA). have constituents who are victims of sexual HON. SAM GRAVES I have come to know and respect Mr. La- abuse and have come forward to share their redo through our shared mission to combat OF MISSOURI tragic stories. One of them is the Bailey family the nation’s opioid epidemic. Geoff is a true of Ft. Worth, Texas, in support of their daugh- IN THE HOUSE OF REPRESENTATIVES leader in the field and has been a trusted ad- ter Kendra. Monday, July 23, 2018 visor to his boss and my dear friend, Dr. Nora Last December, a classmate assaulted Mr. GRAVES of Missouri. Mr. Speaker, I Volkow, but also to me and my staff. He has Kendra Bailey, who recently completed her proudly pause to recognize James Drumright. a wealth of institutional knowledge and his de- senior year at Texas A&M University. In addi- James is a very special young man who has parture will surely leave a void in the heralded tion to the trauma suffered by all victims in the exemplified the finest qualities of citizenship halls of NIDA. days and weeks after an attack, being forced and leadership by taking an active part in the Mr. Laredo graduated with a degree in Polit- to still see and potentially interact with their al- Boy Scouts of America, Troop 1096, and earn- ical Science and Economics from the Univer- leged attackers only delays and makes the ing the most prestigious award of Eagle Scout. sity of Pennsylvania and received his master’s healing process more difficult. Such was sadly James has been very active with his troop, degree in Public Affairs from the Lyndon B. the case with Kendra. I call upon college ad- participating in many scout activities. Over the Johnson School of Public Affairs at the Univer- ministrators to do more to ensure proper sepa- many years James has been involved with sity of Texas. He then began a storied career ration for victims, especially during the imme- scouting, he has not only earned numerous of dedicated public service with stops at the diate aftermath of an alleged assault, until a merit badges, but also the respect of his fam- Substance Abuse and Mental Health Services proper investigation can be concluded. After ily, peers, and community. Most notably, Administration, the National Institute of Jus- an investigation, Kendra’s classmate who at- James has contributed to his community tice, the U.S. Department of Justice, and the tacked her was found responsible for twenty- through his Eagle Scout project. U.S. Senate Committee on Health, Education, one charges by a university conduct panel of Mr. Speaker, I proudly ask you to join me in Labor and Pensions Subcommittee on Sub- three faculty members. He was subsequently commending James for his accomplishments stance Abuse and Mental Health Services. expelled from the university. with the Boy Scouts of America and for his ef- During his time at NIDA, Geoff served as a Most tragically, the full total of sexual abuse forts put forth in achieving the highest distinc- liaison to state and local governments, ensur- victims on college campus will never be tion of Eagle Scout. ing NIDA research is used to inform local poli- known, as many are afraid to come forward cies. Additionally, he served as the liaison to f for a variety of reasons. I call upon colleges the Friends of NIDA organization, advocating across the country to demonstrate a commit- HONORING JAMES MOLONEY, VI for a level of resources for NIDA that reflects ment to supporting victims and to take appro- the tremendous personal, social and economic priate and swift punishments against those HON. SAM GRAVES burden of drug abuse and addiction. Mr. La- who would commit such horrible abuses. Stu- redo has provided assistance to Congres- OF MISSOURI dents should know the very first day they ar- sional staff on legislative issues related to IN THE HOUSE OF REPRESENTATIVES rive on campus that sexual harassment and drug addiction prevention, treatment, and re- violence will not be tolerated and that victims Monday, July 23, 2018 covery research in response to the opioid cri- have a wide array of support. Many sexual Mr. GRAVES of Missouri. Mr. Speaker, I sis. He has also planned and coordinated hun- abusers count on their victims not coming for- proudly pause to recognize James Moloney, dreds of Hill briefings on a variety of topics, ward—-only emboldening them to commit fur- VI. James is a very special young man who and is incredibly well known and well liked ther sexual abuses. has exemplified the finest qualities of citizen- among members and staff alike. Geoff is one It is my understanding that Texas A&M Uni- ship and leadership by taking an active part in of the few who understood the urgency of the versity has commissioned two reviews of the the Boy Scouts of America, Troop 1096, and opioid epidemic early on and was a founding school’s handling of sexual assault cases. I earning the most prestigious award of Eagle member of the planning committee for the Na- look forward to reading both of the reviews, Scout. tional Rx Drug Abuse and Heroin Summit that and I hope they will be both comprehensive in James has been very active with his troop, was jointly established with Operation UNITE, their scope and thorough in making significant participating in many scout activities. Over the an organization I founded to help combat the recommendations. many years James has been involved with drug epidemic in rural southern and eastern I appreciate the Bailey family coming for- scouting, he has not only earned numerous Kentucky. ward and sharing Kendra’s story; they should merit badges, but also the respect of his fam- I am tremendously grateful for Mr. Laredo’s be commended for their courage. I hope that ily, peers, and community. Most notably, many years of service to our great nation, and their actions will help reduce the number of James has contributed to his community wish him the best in all his future endeavors. would-be victims of sexual abuse on college through his Eagle Scout project. I hope that he and his wife, Donna, enjoy their campuses across our country in the future. I many years of retirement together. Congratu- Mr. Speaker, I proudly ask you to join me in thank Judge POE for his continued work in commending James for his accomplishments lations. supporting victims of abuse and for hosting with the Boy Scouts of America and for his ef- f this special order. forts put forth in achieving the highest distinc- SEXUAL ASSAULT ON OUR f tion of Eagle Scout. CAMPUSES HONORING THE LIFE OF MACI f SPEECH OF GRACE EICKMAN TRIBUTE IN HONOR OF MR. GEOFF LAREDO HON. KENNY MARCHANT OF TEXAS HON. WARREN DAVIDSON OF OHIO HON. HAROLD ROGERS IN THE HOUSE OF REPRESENTATIVES Thursday, July 19, 2018 IN THE HOUSE OF REPRESENTATIVES OF KENTUCKY Monday, July 23, 2018 IN THE HOUSE OF REPRESENTATIVES Mr. MARCHANT. Mr. Speaker, I would like to thank my colleague from Texas, Judge TED Mr. DAVIDSON. Mr. Speaker, I rise today to Monday, July 23, 2018 POE, for hosting this special order, and for remember the life of Maci Grace Eickman. Mr. ROGERS of Kentucky. Mr. Speaker, I calling needed attention to sexual abuses oc- Maci Grace was born October 1, 2015 with a rise today to pay tribute to Mr. Geoff Laredo curring on college campuses and in many rare genetic disease, Mucopolysaccharidosis in recognition of his retirement after many cases, off-campus events. type I (MPS I).

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

VerDate Sep 11 2014 04:59 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K23JY8.001 E23JYPT1 SSpencer on DSKBBXCHB2PROD with REMARKS E1042 CONGRESSIONAL RECORD — Extensions of Remarks July 23, 2018 While I never had the opportunity to meet cure our borders. As an original co-sponsor of Central Illinois and across the globe. Their Maci Grace, I know through her parents and this legislation, I am proud to support the he- vast and diverse portfolio of agronomic goods, those who knew her that she touched many roic officers who carry out the important mis- turf and ornamental brands and home gar- lives in the two years she was here on Earth. sion at our border to preserve our national se- dening products has helped revolutionize the Maci Grace is the daughter of Joshua and curity and protect our families. world’s ability to supply food, fuel and fiber. I Elizabeth Eickman. As a parent, I join them in f am proud to say that Brandt continues to call mourning. Through innocence Marci Grace the 18th Congressional District home. fought her disease with strength, which stands ELECTRONIC MESSAGE Once again I would like to congratulate as an inspiration today. We must continue to PRESERVATION ACT OF 2017 them on serving global agriculture for 65 search for a cure to help the one in 100,000 years. We look forward to your next 65 years SPEECH OF children born with this rare disease. and more of continued success. Mr. Speaker, there is no foot so small that HON. SHEILA JACKSON LEE f it cannot leave an imprint on this world. I ask OF TEXAS THE LUSK CREEK KAYAK RAMP my colleagues in the House to join me in ex- IN THE HOUSE OF REPRESENTATIVES tending our deepest condolences to Maci’s Monday, July 16, 2018 family and friends during this difficult time. HON. JOHN SHIMKUS Parents should never have to bury their chil- Ms. JACKSON LEE. Mr. Speaker, I rise in OF ILLINOIS dren. support of H.R. 1376, the ‘‘Electronic Message IN THE HOUSE OF REPRESENTATIVES Preservation Act of 2017,’’ which helps ensure f Monday, July 23, 2018 the preservation of federal agency electronic CONGRATULATING THE KNOX messages. Mr. SHIMKUS. Mr. Speaker, I rise today to COUNTY FARM BUREAU ON Mr. Speaker, it is critical that we are able to recognize the efforts of the hard-working men THEIR 100TH ANNIVERSARY preserve records of activities and to have ap- and women of the Shawnee National Forest propriate systems to manage and preserve Service, the Lusk Conservancy District and HON. CHERI BUSTOS those reports relating to Presidential records, the Pope County Board of Commissioners. OF ILLINOIS and for other purposes. Together these groups were able to come to- IN THE HOUSE OF REPRESENTATIVES According to CBO, enacting H.R. 1376 gether to make the Lusk Creek Kayak Ramp would not increase net direct spending or on- to give Southern Illinois residents safer and Monday, July 23, 2018 budget deficits in any of the four consecutive easier boat access to Lusk Creek and to revi- Mrs. BUSTOS. Mr. Speaker, I rise today to 10-year periods beginning in 2029. talize tourism in the area. recognize the Knox County Farm Bureau on First, such regulations as a minimum must On October 27, 2016, I met with the Pope its 100th Anniversary. Ever since the Knox require the electronic capture, management, County Chairman of the Commissioner’s County Farm Bureau Foundation was orga- and preservation of such electronic records in Board, Larry Richards. Mr. Richards asked for nized in 1918, it has served an essential role accordance with the Federal Records Act. my assistance in helping to get a boat launch in the growth and development of the agri- Second, they must also require such ramp built on Lusk Creek, a project that would culture industry throughout Illinois. records to be retrievable through electronic help both tourists and local citizens alike ac- The Knox County Farm Bureau advocates searches. cess the creek. A few days later, I called the for agriculture, assists farmers with legislative Third, it is imperative to include timelines for Shawnee Forest Service about the project and issues and provides leadership opportunities federal agency implementation of the regula- they were eager to share their progress. for members of all ages. The organization’s tions that ensure compliance as expeditiously Over the course of 2016 and early 2017, the Committees and Task Forces provide their as practicable. Shawnee Forest Service and the Lusk Con- members with many programs, functions, and Mr. Speaker, enacting H.R. 1376 will help servancy District developed a strong partner- opportunities to continually improve their farm- preserve records of activities by requiring ship. Together they completed an Environ- ing practices. Community and farmer edu- NARA to oversee and issue guidance on man- mental Assessment and began construction. cation, in addition to your scholarship and in- aging federal records, including email mes- They worked closely to address environmental ternship programs have also increased aware- sages. concerns and create a sustainable, safe recre- ness and spurred innovation on the issues CBO estimates that any net changes in di- ation area. This newly constructed project, fin- that relate to the future success of agriculture rect spending by those agencies would be in- ished in August of 2017, represents the only in Knox County and ultimately the quality of significant. public developed access point on Lusk Creek life in our region. Enacting this bill would not affect revenues. upstream from the State Recreation Area Ma- It is because of dedicated groups such as I urge my colleagues to join me in voting for rina in Golconda, Illinois. I have recently vis- the Knox County Farm Bureau that I am espe- H.R. 1376 and standing true to our nation’s ited the completed project, the Lusk Creek cially proud to serve Illinois’ 17th Congres- commitment to advancing security in man- Kayak Ramp, and was impressed with what sional District. Mr. Speaker, I would like to aging and preserving records. these different organizations in the area were again formally congratulate the Knox County f able to come together to create. Farm Bureau on its 100th Anniversary and Mr. Speaker, I congratulate the Shawnee thank the organization for all of its service to COMMEMORATING BRANDT ON National Forest Service, the Lusk Conser- the farmers in our community. THEIR 65TH ANNIVERSARY vancy District and the Pope County Board of f Commissioners for this achievement. HON. DARIN LaHOOD f PERSONAL EXPLANATION OF ILLINOIS HONORING LIBERTY SAFES IN THE HOUSE OF REPRESENTATIVES HON. DIANE BLACK Monday, July 23, 2018 OF TENNESSEE HON. JOHN R. CURTIS IN THE HOUSE OF REPRESENTATIVES Mr. LAHOOD. Mr. Speaker, today, I would OF UTAH like to recognize the Brandt Consolidated Inc. IN THE HOUSE OF REPRESENTATIVES Monday, July 23, 2018 on celebrating 65 years of excellence serving Mrs. BLACK. Mr. Speaker, I am not re- global agriculture and other related industries. Monday, July 23, 2018 corded for roll call votes on Wednesday, July From their humble beginnings in Pleasant Mr. CURTIS. Mr. Speaker, I stand before 18, 2018 because I was unavoidably detained. Plains, Brandt has grown to serve agriculture you today to honor Liberty Safes for being Had I been present, I would have voted Aye in all 50 states and in 45 countries with facili- chosen to attend the Made in America Show- on final passage for H. Res. 990, Supporting ties located across the United States, Brazil case this year. the officers and personnel who carry out the and Spain. Liberty Safes is the largest seller of full-size important mission of the United States Immi- While expanding globally, Brandt has re- residential safes in the U.S. and manufactures gration and Customs Enforcement (RC No. mained deeply rooted in the rich soil of central over 120,000 safes a year. Headquartered in 337.) It is disheartening to see my Democrat Illinois. By helping farmers increase their pro- Payson, Utah, Liberty Safes is an important colleagues in Congress demonizing the men duction and profits season after season, they component of Utah’s economy—employing and women who make a daily sacrifice to se- have become a major economic driver in West nearly 400 Utahns and utilizing Utah steel

VerDate Sep 11 2014 04:59 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A23JY8.002 E23JYPT1 SSpencer on DSKBBXCHB2PROD with REMARKS July 23, 2018 CONGRESSIONAL RECORD — Extensions of Remarks E1043 suppliers and other local companies. In fact, stood ready to answer the call to serve our total rainfall ever recorded in the continental 90 percent of the materials that Liberty Safes great nation. Some of his most notable en- United States. Rainfall within a tenth of an uses for its products originate in the U.S. As gagements took place in Iraq during Operation inch of that total was recorded in Groves, a the number one seller of full-size safes in the Iraqi Freedom and during his two deployments neighboring community. country, Liberty Safes demonstrate that prod- with the Theater Civil Military Support Element These both exceed the previous U.S. rainfall ucts made in the U.S. with American materials in support of Special Operations Command record of 52 inches, set by Hurricane Hiki in can be the best in the world. Pacific. Throughout these operations, he deliv- Hawaii in 1950. Liberty Safes was chosen to represent Utah ered on the promise to keep America safe and Eighteen locations in southeastern Texas at this year’s Made in America Product Show- confront our enemies head on under the most broke previous tropical rainfall records in the case at the White House. The showcase will difficult conditions. contiguous United States, which was set by feature a company from each state that pro- During his career, MSG Reynolds received Tropical Storm Amelia in Medina, Texas in duces exceptionally made American products. numerous medals, including the Meritorious 1978. Liberty Safes will have the opportunity to Service Medal, Army Commendation Medal, Six to ten feet was the maximum water lev- showcase their technologically advanced and Joint Service Achievement Medal, Army Good els above the ground, which occurred near the innovative products to President Trump and Conduct Medal, National Defense Service areas where Harvey made landfall. prominent business leaders at the event. Medal, Global War on Terrorism Expeditionary Fifty-seven tornadoes were reported during Having been closely involved in small busi- Medal, Global War on Terrorism Service the Hurricane Harvey storm, about half of ness and local manufacturing myself, I ap- Medal, Korean Defense Service Medal, and which occurred near or south of the Houston plaud the success of Liberty Safes and its the Combat Action Badge. His foreign badges metro area. commitment to manufacturing its products in include Korean, French and German Para- At its peak on September 1, 2017, one-third the U.S. with American materials. American- chutist Badges. These awards and decora- of Houston was underwater. based companies and manufacturers remain tions are a testimony to his monumental suc- Over 300,000 structures flooded in south- an integral part of our economy and a primary cess in safe-guarding America. eastern Texas, where extreme rainfall hit driver of prosperity for all Americans. While defending our nation overseas, MSG many areas that are densely populated. Mr. Speaker, I ask you and my colleagues Reynolds most important commitment was to Hurricane Harvey is the largest housing dis- to join me in congratulating Liberty Safes for his family back home. He and his wife, aster to strike the U.S. in our nation’s history. being selected to represent Utah at the Made Michele, raised five children during MSG Rey- Hurricane Harvey damaged 203,000 homes, in America Product Showcase. nolds’ illustrious career. This country cannot of which 12,700 were completely destroyed. f repay the debt we owe to MSG Reynolds and Texans continue to work to recover, but his family—the Reynolds’ are true American thousands still are not able to return to flood PERSONAL EXPLANATION heroes. I wish him well in what is sure to be damaged homes. an active retirement. Next month marks a year since floodwaters HON. DIANE BLACK Mr. Speaker, please join me today in com- swamped America’s fourth-largest city, the ex- OF TENNESSEE memorating the career of Master Sergeant tent of this environmental assault is beginning IN THE HOUSE OF REPRESENTATIVES Danny D. Reynolds. to surface, while questions about the long- f term consequences for human health remain Monday, July 23, 2018 unanswered. Mrs. BLACK. Mr. Speaker, I am not re- INNOVATIVE STORMWATER As disasters become more frequent and corded for roll call votes on Thursday, July 19, INFRASTRUCTURE ACT OF 2018 populations living in vulnerable areas increase, 2018 because I was unavoidably detained. SPEECH OF interest in the health effects of exposure to the Had I been present, I would have voted Aye combination of natural and technological dis- on final passage for H. Con. Res. 119, which HON. SHEILA JACKSON LEE asters has grown. expresses the sense of Congress that a car- OF TEXAS According to experts, when rain falls on the bon tax is not in the best interest of the United IN THE HOUSE OF REPRESENTATIVES roofs of our homes, streets, and parking lots States. Like any federal mandate that inter- Monday, July 16, 2018 in cities and their suburbs, the water is unable venes in our economy, a carbon tax would re- Ms. JACKSON LEE. Mr. Speaker, I rise in to soak into the ground as it should. ward special-interests at the expense of Amer- strong support of H.R. 3906, the ‘‘Innovative When a rainstorm occurs, rainwater hits the ican families. Further, carbon taxes are re- Storm water Infrastructure Act of 2018.’’ streets and gravity takes it on the path of least gressive and would disproportionately burden H.R. 3906 directs the Environmental Protec- resistance. lower and middle class families. tion Agency (EPA) to establish a stormwater Stormwater drains through gutters, storm f infrastructure funding task force to study and sewers, and other engineered collection systems and is discharged into nearby water bod- HONORING THE CAREER OF MAS- develop recommendations to improve the availability of public and private sources of ies. TER SERGEANT DANNY D. REY- Across the country, in every community, rain NOLDS funding for stormwater infrastructure. Houston area residents understand the im- mixes with chemicals, oils, and other harmful portance of infrastructure that can mitigate the pollutants to flood into our waterways. HON. RICHARD HUDSON effects of storm water. Further, higher flows resulting from heavy OF NORTH CAROLINA After making landfall, circled back and held rains can also cause erosion and flooding in IN THE HOUSE OF REPRESENTATIVES in place for nearly four days, Hurricane Harvey urban streams, damaging habitat, property, and infrastructure. Monday, July 23, 2018 dropped an unprecedented amount of rain in the Houston area—so much rain, in fact, that H.R. 3906 will establish a stormwater infra- Mr. HUDSON. Mr. Speaker, I rise today to the flood area itself began to act like an inland structure funding task force program such as recognize the extraordinary career of Master sea, feeding moisture back into the storm to the National Pollutant Discharge Elimination Sergeant Danny D. Reynolds. be dropped as yet more rain. System Stormwater Program (NPDES). In 1988, MSG Reynolds entered the Indiana Hurricane Harvey brought more than 64 This program is designed to prevent Army National Guard. After completing Basic inches of rain to the Houston area, flooding stormwater runoff from washing harmful pollut- Training and Advance Individual Training at 203,000 homes, 13 Superfund sites, and more ants into local waterbodies. Fort Leonard Wood, Missouri, MSG Reynolds than 800 wastewater treatment facilities. Some 500 chemical plants, 10 refineries became active duty on July 25, 1990. He was The damage caused by Hurricane Harvey and more than 6,670 miles of intertwined oil, first assigned to Delta Company 15th Engineer exceeds $125 billion. gas and chemical pipelines line the nation’s Battalion, 9th Infantry Division at Fort Lewis, According to the National Oceanic and At- largest energy corridor. Washington. From there, MSG Reynolds mospheric Administration, second only to Hur- Nearly 500 Million gallons of industrial served all over the world, from Fort Bragg, ricane Katrina. wastewater mixed with storm water surged out North Carolina, to as far away as Yongsan, Nine out of 19 of the official river gauges in of just one chemical plant in Baytown, east of South Korea. Harris County, Texas, recorded all-time-high Houston, on the upper shores of Galveston Deployed on numerous operational assign- water levels. Bay. ments around the globe and through some of Nederland, Texas recorded 60.58 inches of Benzene, vinyl chloride, butadiene, and our nation’s toughest times, MSG Reynolds rainfall, making Hurricane Harvey the highest other known human carcinogens were among

VerDate Sep 11 2014 04:59 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A23JY8.008 E23JYPT1 SSpencer on DSKBBXCHB2PROD with REMARKS E1044 CONGRESSIONAL RECORD — Extensions of Remarks July 23, 2018 the dozens of tons of industrial toxic sub- He went on to earn his master’s degree in and the Optimist Club. He has been recog- stances released into surrounding neighbor- education from Bridgewater State College. nized for his service to the Hispanic commu- hoods and waterways following Harvey’s tor- Then, in 1970, he successfully ran for election nity and his exceptional work and commitment rential rains. as a Massachusetts State Senator, where his to law enforcement and our Sonoma commu- In addition, NPDES will study and develop commendable leadership resulted in his ap- nity. recommendations to improve the availability of pointment as Assistant Senate Minority Lead- Mr. Speaker, Chief Sackett is an admirable public and private sources of funding for er. While in office, John also obtained his law leader who is dedicated to serving our com- stormwater infrastructure. degree from Suffolk Law School. munity. It is therefore fitting and proper that The EPA Administrator will ensure that In 1981, John was appointed as Rear Admi- we honor Chief Bret Sackett here today. these programs promote the use of innovative ral, U.S. Maritime Service. He also became f stormwater control infrastructure in and coordi- the president of the Massachusetts Maritime IN HONOR OF MR. JAMES EDWARD nate the integration of innovative stormwater Academy, holding this position for the fol- WILEY, SR. control infrastructure into permitting programs, lowing decade and presiding over a period of planning efforts, research, technical assist- critical expansion. Upon his retirement, John ance, and funding guidance. continued to give back to his community HON. PETE SESSIONS Mr. Speaker, a stronger investment in through his long-time involvement in the Cape OF TEXAS stormwater prevention programs allows for the Cod Baseball League. IN THE HOUSE OF REPRESENTATIVES implementations of cutting edge solutions and John married his wife Ann M. McLean in Monday, July 23, 2018 puts our communities in a path to healthier 1957, and over the sixty-one years they spent Mr. SESSIONS. Mr. Speaker, I rise today to waters. together they had four sons, and now three honor Mr. James Edward Wiley, Sr., who I urge my colleges to join me in voting for grandchildren. Unfortunately, John passed passed away peacefully on Sunday morning of H.R. 3906. away on July 8, 2018. His commitment will live July 8, 2018, surrounded by his loved ones. f on through his growing family and the legacy Mr. James Edward Wiley, Sr., the second of his activism in our community. son of A.P. and Florence Wiley, was born in RECOGNIZING JUSTIN HERSH AND Mr. Speaker, I am proud to honor the life of Dallas, Texas on September 16, 1925. In ANUSHKA SCUDDER John Francis Aylmer. I ask that my colleagues 1942, he graduated from Adamson High join me in recognizing his many years of dedi- School and entered the Corps of Cadets in HON. LOIS FRANKEL cation to his community and his country. August later that year, upon enrolling at The OF FLORIDA f Agricultural and Mechanical College of Texas, IN THE HOUSE OF REPRESENTATIVES now The Texas A&M University. After com- HONORING CHIEF BRET SACKETT pleting Armor Officer Commissioning School at Monday, July 23, 2018 Fort Knox, KY, James went to the Pacific The- Ms. FRANKEL of Florida. Mr. Speaker, I HON. MIKE THOMPSON ater with the Army Corps of Engineers and as- rise to recognize Justin Hersh and Anushka OF CALIFORNIA sumed command of a Japanese POW Camp Scudder, Palm Beach County’s Do the Write IN THE HOUSE OF REPRESENTATIVES before he was even twenty years of age. Thing Ambassadors for 2018. Once he returned to College Station, he suc- Monday, July 23, 2018 The Do the Write Thing challenge invites cessfully completed his engineering degree in middle school students to submit essays and Mr. THOMPSON of California. Mr. Speaker, May of 1948 and he was awarded Texas stories about their personal experiences with I rise today to honor Chief Bret Sackett, on his A&M’s highest honor as a Distinguished Alum- violence, bullying, and racism in school or retirement as the longest tenured police chief nus in 1990 for all his hard work and dedica- throughout their community. These brave stu- in Sonoma County, California. tion to the school. dents share their stories to educate others Born in Los Angeles, California, Chief Immediately following graduation from about the need for more compassion and un- Sackett moved to Sonoma County and earned Texas A&M, James obtained a job with Robert derstanding in the world. an Administration of Justice degree from E. McKee in their Dallas office. He helped Justin and Anushka visited my office in Santa Rosa Junior College. He also graduated construct many prominent additions to Dallas Washington, D.C. last week and I heard their from Sonoma State University with a Bach- after the war, including the Federal Reserve compelling stories. I commend them for their elor’s Degree in Business Management. Bank, Moody Coliseum, in addition to the passion for making Palm Beach County a Chief Sackett has served 28 years with the ‘‘new’’ Parkland Hospital, just to name a few. safer place for all students and hope that Sonoma County Sheriff’s Department and 14 However, in 1960, he left McKee to join his more will follow their stellar examples. years with the City of Sonoma. For the last 11 loving father and brother at Wiley Brothers f years he has been Sonoma’s Chief of Police. General Contractors and Investment Builders Throughout his time as a law enforcement offi- where they adopted the popular model of IN RECOGNITION OF JOHN cer, Chief Sackett has been a correctional offi- building long-block warehouses and sub-divid- FRANCIS AYLMER cer, academy training officer, field training offi- ing them for multi-tenant occupancy in the cer, background investigator, SWAT team fast-expanding industrial parks in what be- HON. WILLIAM R. KEATING member and detective in the Domestic Vio- came the Stemmons Corridor. OF MASSACHUSETTS lence and Sexual Assault unit. When the gift of grandchildren arrived, IN THE HOUSE OF REPRESENTATIVES When the City of Sonoma began contracting James embraced that role wholeheartedly. with the Sonoma County Sheriff’s Department James used to invite his grandchildren to ac- Monday, July 23, 2018 to provide law enforcement services in 2004, company him into Downtown Dallas to tour Mr. KEATING. Mr. Speaker, I rise today in Chief Sackett joined the transition team as a them through bank lobbies, and over Christ- recognition of the life of John Francis Aylmer, patrol sergeant. In 2007, he was promoted to mas break, he would treat them to lunch at a resident of Centerville, Massachusetts and the Chief of Police for the City of Sonoma. the rotating Antares in Reunion tower. dedicated public servant. Under Chief Sackett’s leadership, the Sonoma Throughout his life, James touched the hearts John was born in Barnstable and raised in Police Department enhanced community rela- of many and always led by example, and his the villages of Osterville and Centerville, grad- tions while approaching public safety compas- family will continue to thrive from his leader- uating from Barnstable High School in 1953. sionately. He also oversaw law enforcement ship. Following his graduation from Admiral Billard services for the unincorporated areas of James is survived by his wife Virginia; his 4 Academy in New London, Connecticut, he re- Sonoma Valley. He created a K–9 program sons and their wives, Jim (Karen), Alan ceived a bachelor’s degree from the Massa- and advanced a financial partnership with the (Melinda), Don (Julia), and Glen (Ann); 8 chusetts Maritime Academy and joined the City of Sonoma and Sonoma Valley Unified grandchildren, and 17 great-grandchildren. Al- United States Navy. Upon his honorable dis- School District that established a School Re- though no words can really help to ease the charge, John served as a Merchant Marine source Officer at Sonoma Valley High School. loss, his life was truly a blessing and he is Officer on oil tankers. He was later commis- Chief Sackett’s leadership and emergency held very close in thought and prayer. In sioned in the U.S. Navy Reserve for twenty- management skills were crucial in responding honor of his memory, I would like to take this three years. to the 2017 October fires. opportunity to thank Mr. James Edward Wiley, Within this same time span, John also Chief Sackett has received honors from the Sr. for his service to our country and his dedi- served two terms as a Barnstable Selectman. Consul General of Mexico, the Sheriff’s Office cation to the city of Dallas.

VerDate Sep 11 2014 04:59 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A23JY8.011 E23JYPT1 SSpencer on DSKBBXCHB2PROD with REMARKS July 23, 2018 CONGRESSIONAL RECORD — Extensions of Remarks E1045 MAJOR ROBERT ODELL OWENS As Chairman of the Education Sub- National Marine Sanctuary Advisory Council, POST OFFICE committee on Select Education and Civil the U.S. delegation to the Northwest Atlantic Rights (1988 to ’94), Congressman Owens Fisheries Organization, and the North Atlantic SPEECH OF was one of the earliest and strongest sup- Coast Guard Forum. Further, he was the sole HON. SHEILA JACKSON LEE porters of the Americans With Disabilities Act, Coast Guard representative on the U.S. State OF TEXAS which was enacted into law in 1991. Department led delegation to the Northwest IN THE HOUSE OF REPRESENTATIVES In recognition for his work to pass the ADA, Atlantic Fisheries Organization, where he ne- Monday, July 16, 2018 Major Owens was awarded an honorary de- gotiated the first ever U.S. enforcement pres- gree by Galludet University, the world’s pre- ence in this international fishery regime. Ms. JACKSON LEE. Mr. Speaker, I rise in mier higher education institution serving deaf Captain Marohn pioneered the Integrated strong support of H.R. 5238, to designate the an hard of hearing people. Maritime Security Operations program, an facility of the United States Postal Service lo- Major Owens loved serving in this body and international approach to law enforcement on cated at 1234 Saint Johns Place in Brooklyn, he was a valued member of the Congressional the northern border that involves joint oper- New York, as the ‘‘Major Robert Odell Owens Progressive Caucus and the Congressional ations between the U.S. Coast Guard and the Post Office.’’ Black Caucus. Royal Canadian Mounted Police. These oper- Mr. Speaker, this bill is an opportunity for us As Chairman of the Congressional Black ations continue to serve as a model for overall to pay tribute to a great American, a fighter Caucus Task Force on Haiti, he led the suc- coming jurisdictional challenges along a for justice and equality, one of the most pas- cessful three-year fight which restored the shared international maritime border to im- sionate advocates for educational opportunity, democratically elected President Jean- prove security. He is also known as the pri- and a man who served in this body with dis- Bertrand Aristide. mary architect of the Coast Guard’s Ice Res- tinction, Major Owens of New York. Mr. Speaker, Congressman Owens was a cue Program, and received the 2005 Coast Major Owens was born June 28, 1936, in legislator’s legislator. Guard Innovation Award for Operational Man- Collierville, Tennessee. Major Owens touched so many lives in so agement to recognize his groundbreaking He was educated at Morehouse College, many helpful ways that he will always be re- achievement of developing the first-ever Ice from which he received his baccalaureate de- membered by people he served so ably and Rescue Manual. gree, and Atlanta University from which he selfless for more than thirty years. Today Captain Marohn has been married to earned a Master of Science degree. his wife Christine for 26 years, and together Major Owens later moved to New York H.R. 5238 will honor the memory of this they have two daughters, Meaghan and where he worked as a librarian before accept- great man by enshrining his legacy on a public building in his district. Lauren. ing an appointment from Mayor John V. Lind- Mr. Speaker, I am proud to honor Captain say to serve as Director of the New York City I urge my colleagues to join me in supporting H.R. 5238, to designate the facility of Edward J. Marohn as he retires from the Community Development Agency. United States Coast Guard. I ask that my col- He also served as a faculty member in the the United States Postal Service located at leagues join me in recognizing his many years Department of Public Administration at Medgar 1234 Saint Johns Place in Brooklyn, New of dedication to his community and his coun- Evers College. York, as the ‘‘Major Robert Odell Owens Post In 1974, Major Owens was elected to the Office.’’ try. New York State Senate and was reelected to f f serve a second term in 1978. IN RECOGNITION OF CAPTAIN HONORING WILLIAM CLAYTON In 1982, Major Owens won a competitive EDWARD J. MAROHN TUCKER primary to fill the seat of retiring Congress- woman Shirley Chisholm, the first African HON. BENNIE G. THOMPSON American woman elected to the House of HON. WILLIAM R. KEATING OF MISSISSIPPI Representatives and the first woman ever to OF MASSACHUSETTS IN THE HOUSE OF REPRESENTATIVES seek the Democratic nomination for President IN THE HOUSE OF REPRESENTATIVES Monday, July 23, 2018 of the United States. Monday, July 23, 2018 As the Member of Congress for the 11th Mr. THOMPSON of Mississippi. Mr. Speak- Congressional District of New York, Major Mr. KEATING. Mr. Speaker, I rise today in er, I rise today to honor Mr. William Clayton Owens represented a diverse district centered recognition of the retirement of Captain Ed- ‘‘W.C.’’ Tucker, well known as a Christian man in Brooklyn, including low income areas of ward J. Marohn, the Chief of External Affairs of great character and integrity with an enor- Brownsville and parts of Bedford-Stuyvestant, for the Coast Guard First District in Boston, mous love for the Lord and his family. the large Hasidic community of Crown Massachusetts. Mr. William Clayton ‘‘W.C.’’ Tucker passed Heights, the heavily Caribbean areas of Captain Marohn joined the United States away surrounded by his family on Friday, July Flatbush and East Flatbush, and the more af- Coast Guard at the age of seventeen and has 13, 2018. He was born on February 25, 1950 fluent neighborhoods of Park Slope and Pros- served this country honorably for thirty-one to William Tucker and Olivia Smith Tucker. He pect Park. years. He served in a variety of afloat, ashore was a 1968 graduate of Siggers High School Affectionately known as the ‘‘Education and staff tours on both Coasts and on the in Shannon and a 1971 graduate of Mis- Congressman’’ by his constituents, Major Great Lakes. He also conducted counterdrug, sissippi Industrial College in Holly Springs. Owens fought tirelessly throughout his twelve fishery enforcement, search and rescue, and Mr. Tucker shared 39 years of marriage with terms in Congress to protect and expand edu- environmental protection operations from the the love of his life, Mrs. Patty Tucker. They cational opportunity for all Americans, espe- Bering Sea to the Sea of Cortez. Further, were blessed to have raised two wonderful cially those from economically and socially dis- while serving in Michigan, he coordinated the daughters, Camille Young and Dr. Emily C. advantaged backgrounds. execution of over 7,000 search and rescue op- Tucker, and three lovely grandchildren; Amber As he often reminded his colleagues in the erations that resulted in saving or assisting and Kayla Young and William Tucker Young. House, education was ‘‘the kingpin issue.’’ over 1,200 lives and $10 million in property. In 1989, while attending Union Baptist M.B. In an article he published in Black Issues in Complementing his remarkable operational Church in Shannon, Mr. Tucker was ordained Higher Education, he wrote: ‘‘We have to be- career, Captain Marohn served as the Coast a deacon. He later joined White Hill M.B. lieve that all power and progress really begins Guard Liaison to the National Marine Fisheries Church in Tupelo where he taught Men’s Sun- with education.’’ Service Office of Law Enforcement in Silver day School classes. Major Owens served on the House Com- Spring, Maryland; Assistant Chief of Enforce- After 35 years of hard work as a Senior mittee on Government Reform and the Com- ment for First Coast Guard District in Boston, Certified Engineer Technician, Mr. Tucker re- mittee on Education and the Workforce. Massachusetts; Maritime Drug Interdiction Of- tired from the Mississippi Department of As the Ranking Member on the Education ficer at Coast Guard Headquarters in Wash- Transportation. Post retirement, he launched and Workforce Subcommittee for Workforce ington, D.C., and earned a Master of Marine Tucker’s Fresh Produce and sold fresh vege- Protections, Congressman Owens helped lead Affairs from the University of Washington. tables at the Tupelo Farmers Market. the fight for minimum wage increases, blocked Recognized as an expert in fisheries man- Mr. Tucker was an avid gardener who was the attempt to eliminate cash payments for agement and enforcement, Captain Marohn featured in the Daily Journal, the Lee County overtime, fought against efforts to roll back or has also served as the Coast Guard rep- Courier, Mississippi State Extension Publica- repeal Davis-Bacon, and to weaken the Occu- resentative to the New England Fisheries tions, Mississippi Farm Bureau Magazine, Mi- pational Safety and Health Administration. Management Council, the Stellwagen Bank nority Landowners Magazine, and WTVA for

VerDate Sep 11 2014 04:59 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A23JY8.016 E23JYPT1 SSpencer on DSKBBXCHB2PROD with REMARKS E1046 CONGRESSIONAL RECORD — Extensions of Remarks July 23, 2018 his successful high tunnel gardening tech- with constituents, conducted legislative re- At 4:18 PM, the craft settled down at an niques. He enjoyed working with the youth of search and learned a great deal about the angle of no more than four or five degrees on White Hill Church and Haven Acres Boys and United States Congress. I know they all have the right side of the Moon as seen from Earth. Girls Club teaching raised-bed gardening. He especially bright futures ahead of them and I From Tranquility Base, Armstrong imme- was a member of the Lee County Master Gar- look forward to seeing them build their pro- diately radioed Mission Control: ‘‘Houston, the dener’s Association and the Mississippi Minor- spective careers. Eagle has landed.’’ ity Farmers Alliance. He was a former 4–H All four of these impeccable interns have At 10:56 PM, Armstrong put his left foot to volunteer and Red Cross volunteer. made plans to continue their educational ca- the Moon. Mr. Speaker, I ask my colleagues to join me reers throughout the United States. I am cer- It was the first time in history that man has in recognizing Mr. William Clayton ‘‘W.C.’’ tain they will continue in their great success ever stepped on anything that has not existed Tucker for his dedication to serving others. and I wish them all the best in their future en- on or originated from Earth. f deavors. Mr. Speaker, it is an honor to recog- ‘‘That’s one small step for a man, one giant nize Delaney Devine, Will Sherman, Hayden leap for mankind,’’ Armstrong radioed. HONORING DENNIS GOTT’S LIFE Smith, and Jordanne Stobbs-Vergara for their Mr. Speaker, we gather here today not only AND INDUCTION TO THE MIS- service this summer. to chronicle the extraordinary voyage of Apollo SOURI GROCERS ASSOCIATION f 11, but also to remember the efforts of thou- HALL OF FAME sands of America’s brightest who stretched IN RECOGNITION OF 49TH ANNI- the bounds of human imagination with this ac- VERSARY OF THE FIRST APOLLO complishment. HON. JASON SMITH MOON LANDING, A SMALL STEP I am tremendously proud to say Houston’s OF MISSOURI FOR MAN BUT A GIANT LEAP very own Johnson Space Center, then named IN THE HOUSE OF REPRESENTATIVES FOR MANKIND Manned Space Center, was pivotal in guiding Monday, July 23, 2018 the spaceships Columbia and Eagle to their Mr. SMITH of Missouri. Mr. Speaker, I rise HON. SHEILA JACKSON LEE place in history. today to honor the late Dennis Gott of Salem, OF TEXAS Even after the Gemini and Apollo Missions, Missouri for being inducted posthumously into IN THE HOUSE OF REPRESENTATIVES Houston has been the international hub of the Missouri Grocers Association Hall of Monday, July 23, 2018 manned space flight ever since. Fame. Ms. JACKSON LEE. Mr. Speaker, I rise in Johnson Space Center scientists, engineers, Dennis was President and co-owner of recognition of the 49th anniversary of the first astronauts and other staff members have Town & Country Supermarkets and co-owner Apollo Moon landing. been tasked with controlling flights from and board member of Town and Country On July 20, 1969, the spaceship was a long Skylab and the Apollo-Soyuz missions through Banks. He is the second Gott family member way from home. the Shuttle program and beyond. to be awarded this honor. His father Wayne Blasting off from Cape Kennedy four days Johnson Space Center is the training base Gott founded Town & Country Supermarkets prior, Commander Neil Armstrong, Command and home for our nation’s astronauts and the in Salem in 1962 and was inducted to the Mis- Module Pilot Michael Collins, and Lunar Mod- site of Mission Control, where a talented cadre souri Grocers Hall of Fame in 2012. ule Pilot Edwin ‘‘Buzz’’ Aldrin had been hurled of flight controllers monitors the work of our Dennis began working at Town and Country from the cosmic shores of our orbit at an es- women and men in space. in the 1970s and took over as President and cape velocity of 24,200 miles per hour. Mr. Speaker, I remind this body that the CEO in 1999. Under his leadership, Town and With them were cameras, scientific instru- American space flight program is not merely a Country expanded to 21 locations in south ments, and the now famous three-by-five foot collection of scientific achievements. central Missouri, each one known for friendly U.S. flag to be planted on the surface of the I celebrate the legacy of Mary Jackson, customer service and active community in- Moon. NASA’s first black female engineer who joined volvement. They also carried two other U.S. flags—to the Langley Research Center in Hampton, Vir- Dennis loved the grocery store business, be brought back and flown over the houses of ginia in 1958. and he loved his family and community. He Congress—the flags of the 50 States, the Dis- Her pioneering work not only contributed im- was a member of the First Baptist Church of trict of Columbia and U.S. territories, the mensely to the success of the Mercury space Salem and served on the boards of Harris United Nations flag, as well as those of 136 program—the predecessor to Gemini and Baking Company and the Salem Airport Au- foreign countries. Apollo—but also to influenced the hiring and thority. His untimely passing in 2016 shook my But what they carried that fateful day was promotion of women and people of color in hometown of Salem and he is missed dearly. more than a collection of instruments and na- NASA’s science, engineering, and mathe- For his outstanding career and legacy as a tional symbols. matics careers. They carried the faith of mankind—of going loving family man devoted to his community, it Not only African American women were in- where no human had gone before. volved, but also men and women of all races is my pleasure to recognize Dennis Gott be- They also carried courage—not only the and trades—White, Hispanic, Asian, and Na- fore the United States House of Representa- courage that is the absence of fear, but rather tive American engineers, physicists, manufac- tives. the resolute determination to fulfill the national turers, mathematicians, physicians, divers, f destiny. And more than courage they carried hope— sailors, and thousands more. RECOGNIZING DELANEY DEVINE, Armstrong and Aldrin may have walked on WILL SHERMAN, HAYDEN SMITH, that despite the bloodshed and weapons of mass destruction that defined the Cold War, the moon, but all of America was with them in AND JORDANNE STOBBS- spirit. VERGARA humanity could stand together with bated breath for this new, brave step into the future. I celebrate the legacy of President John On the afternoon of July 20, at 3:08 PM Kennedy, who in 1961 in my home city of HON. MIKE COFFMAN Eastern, more than 200,000 miles away from Houston declared to the world that ‘‘We OF COLORADO Earth, Aldrin and Armstrong fired the lunar choose to go to the moon within the decade IN THE HOUSE OF REPRESENTATIVES module’s descent engine for the first time. and do the other things, not because they are easy but because they are hard.’’ Monday, July 23, 2018 While Armstrong flew the landing craft, Aldrin gave him altitude readings: ‘‘Seven hun- I invoke the words of astronomer and writer Mr. COFFMAN. Mr. Speaker, I rise today to dred and fifty feet, coming down at 23 degrees Carl Sagan, who eloquently wrote on the recognize Delaney Devine, Will Sherman, . . . 700 feet, 21 down . . . 400 feet, down at scope and audacity of the President’s procla- Hayden Smith, and Jordanne Stobbs-Vergara nine . . . Got the shadow out there . . . 75 mation: for their hard work and dedication to the peo- feet, things looking good . . . Lights on . . . ‘‘The Moon was a metaphor for the unattain- ple of Colorado’s Sixth District as interns in Picking up some dust . . . 30 feet, 2 1/2 down able: ‘You might as well ask for the Moon,’ my Washington, D.C. office for the summer of . . . Faint shadow . . . Four forward. Four they used to say. For most of our history, we the 115th Congress, Second Session. forward, drifting to the right a little . . . Con- had no idea what it was. The work of these young professionals has tact light. Okay, engine stop.’’ ‘‘We would use rockets not yet designed been nothing short of exemplary. During their When the 68-inch probes beneath three of and alloys not yet conceived, navigation and time in my office, Delaney, Will, Hayden, and the spacecraft’s four footpads touched down, docking schemes not yet devised, in order to Jordanne served as tour guides, interacted Armstrong shut off the ship’s engine. send a man to a world not yet explored—not

VerDate Sep 11 2014 04:59 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A23JY8.018 E23JYPT1 SSpencer on DSKBBXCHB2PROD with REMARKS July 23, 2018 CONGRESSIONAL RECORD — Extensions of Remarks E1047 even in a preliminary way, with robots—and Jamie Marlins have all worked extremely hard Colonel Cantor supported the 82nd Airborne we would bring him safely back, and we would to win. Their love of baseball has helped them Division and became the Parwan Provincial do it before the decade was over. to succeed. I want to commend the players Reconstruction Team Commander responsible ‘‘This confident pronouncement was made and Parents for the time and sacrifices they for 245 troops, including operational control of before any American had even achieved Earth have made for their children and the coaches a Kentucky National Guard Agriculture team. orbit.’’ for their commitment to the team. I wish the He was responsible for planning, preparing To anyone who might doubt America’s abil- Vison Tigers the best of luck as they continue and executing multiple projects including the ity to make good on this commitment, Presi- in the Regional Tournament in Greenville, conversion of poppy crops to sustainable high dent Kennedy said, ‘‘this country of the United North Carolina this week. labor crops and improving the effectiveness of States was not built by those who waited and f provincial law enforcement functions. rested and wished to look behind them. This Mr. Speaker, I sincerely hope that my col- IN RECOGNITION OF COLONEL country was conquered by those who moved leagues will join me in congratulating Colonel JEFF CANTOR ON HIS MILITARY forward—and so will space.’’ Jeff Cantor on his military retirement and RETIREMENT He, like the Apollo program, represented the thanking him for his honorable service. This best of America’s can-do spirit; an idea of to- nation owes a debt of gratitude to Colonel morrow, a relentless march toward achieving HON. FRANK PALLONE, JR. Cantor for making the world a safer place and the full promise of America, and an under- OF NEW JERSEY instilling the ideas of democracy in hostile en- standing that we, the people—all of us—have IN THE HOUSE OF REPRESENTATIVES vironments around the world. a place in that future and a role to play in Monday, July 23, 2018 f bringing it about. Mr. PALLONE. Mr. Speaker, it is my honor IN HONOR OF GARY SZALUCKA The Apollo program was certainly a pinnacle to recognize Colonel Jeff Cantor of Marlboro, of American scientific triumph. New Jersey on his retirement from the United In that summer of 1969, we decided to use States Army. Colonel Cantor has provided 32 HON. ANN M. KUSTER technologies developed to hold humanity cap- years of steadfast leadership and selfless OF NEW HAMPSHIRE tive under the specter of nuclear war to cap- service in defense of the United States of IN THE HOUSE OF REPRESENTATIVES ture the imagination of humanity. America, and has been instrumental in Monday, July 23, 2018 In that summer of 1969, we conveyed to the spreading the ideals of democracy and free- Ms. KUSTER of New Hampshire. Mr. world an optimism about technology and an dom to oppressed people all over the world. Speaker, I rise today to recognize Gary enthusiasm for the future. His service is truly deserving of this body’s Szalucka, who is retiring as President of the In that summer of 1969, we reached for the recognition. Perkins Pond Protective Association after stars and three Americans—Armstrong, Aldrin, Colonel Cantor has commanded U.S. Army nearly two decades of service. and Collins—nearly had them in their grasp. personnel at multiple levels in combat and in New Hampshire is a state endowed with tre- But our best days are not behind us. peacetime and has demonstrated personal mendous natural beauty, and Mr. Szalucka For as long as we have been able to stand sacrifice while deployed three times to hostile has been instrumental in efforts to ensure that on two legs, we have been voyagers. environments. He has had an illustrious career our state’s natural environment is maintained We had emerged from the caves and come in the U.S. Army and has contributed to build- over generations, especially at his beloved down from the trees; we conquered con- ing stability in areas around the world with Perkins Pond. Among his achievements during tinents; weathered oceans; we have con- complex environments, and has successfully his time as President, Mr. Szalucka played an nected the world in no way it had ever been brought together warring factions so that they important role in lobbying for a new sewage connected before. may enjoy peace in their lifetime and for future system to replace antiquated septic systems So you ask today, Mr. Speaker, what comes generations. around the Pond. In addition, he has remained next? Colonel Cantor served as the European an active member of the Volunteer Lake As- I urge my colleagues on this most special Command Civil Affairs Plans Team Chief and sessment Program, taking samples of Perkins anniversary to continue supporting our space was responsible for working with former war- Pond for over 20 years. torn nations and building stability in the Bal- program, celebrate the sciences, and encour- New Hampshire’s natural beauty is depend- kans. He served as the director on various age innovation and international scientific co- ent on citizens taking an active role, and Mr. Joint Chiefs of Staff exercises, and served as operation. Szalucka has certainly answered the call. On the director for Immediate Response 16, I ask that we work together, like that mo- behalf of my constituents across New Hamp- where he was responsible for 1,900 soldiers ment on July 20th, 1969, and stand together, shire’s Second Congressional District, I ap- from ten different countries conducting full arm in arm, to take the next small step for- plaud Mr. Szalucka for his dedication to our spectrum operations and training in Slovenia ward—a giant leap for mankind. community and for being an important part of and Croatia, in which the Prime Minister of f what makes the Granite State so special. I am Slovenia personally congratulated Colonel honored to recognize and congratulate Mr. HONORING VINSON TIGERS 8–10 Cantor for his efforts during the exercise. ALL STAR, WEST VIRGINIA Colonel Cantor deployed to Iraq as a com- Szalucka on his retirement, and I wish him all pany commander and was among the first the best. HON. EVAN H. JENKINS Civil Affairs Companies to enter the country f OF WEST VIRGINIA during the 2003 invasion. During that deploy- PERSONAL EXPLANATION IN THE HOUSE OF REPRESENTATIVES ment, he developed and significantly influenced the first post-Saddam Hussein Kirkuk Monday, July 23, 2018 HON. SHEILA JACKSON LEE provincial government to provide stability OF TEXAS Mr. JENKINS of West Virginia. Mr. Speaker, among 1.2 million ethnically diverse people IN THE HOUSE OF REPRESENTATIVES I rise today to honor the Vinson Tigers 8–10 and was responsible for the construction of All Stars for winning State Baseball Tour- over 285 schools, the creation of a new city Monday, July 23, 2018 nament. This team from Vinson, West Virginia police force and opened the first police acad- Ms. JACKSON LEE. Mr. Speaker, on Mon- overcame an early loss in the tournament to emy in Iraq. day, July 16, 2018, I was unavoidably de- triumph in the championship game. The tigers Colonel Cantor has helped people in dozens tained attending to representation duties in defeated South Charleston by 10–2 to win of countries solve complex programs and build district and state and was not present for Roll their first title in the team’s history. The heart capacity to increase stability, as he spent time Call Votes 329 and 330. Had I been present, and dedication these young players put into in sub-Saharan Africa working with tribal lead- I would have voted as follows: their team is incredible. ers in Cameroon to provide health care to On Roll Call 329, I would have voted AYE. I would like to congratulate the players, Eli their people, and coordinated and successfully (On Motion to Suspend the Rules and Pass Richards, Parker Phillips, Colin Dygert, Jonah employed physicians and dentists in a highly H.R. 4946, designating the facility of the Harrold, Zander Blankenship, Nyle Dygert, impoverished area to expand health care to United States Postal Service located at 1075 Devon Howard, Harrison Riggs, Isaiah Sand- the neediest of people and provided expertise North Tustin Street in Orange, California, as ers, Gabe Chambers, Kaiden West, Evan in lasting care, and helped build refugee the ‘‘Specialist Trevor A. Win’E Post Office.’’) Hagley, and Xander Marlins. Their manager camps for Tutsi refugees fleeing for their lives On Roll Call 330, I would have voted AYE. Barry Ellis and two coaches Josh Dygert and from neighboring countries. (On Motion to Suspend the Rules and Pass

VerDate Sep 11 2014 04:59 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A23JY8.021 E23JYPT1 SSpencer on DSKBBXCHB2PROD with REMARKS E1048 CONGRESSIONAL RECORD — Extensions of Remarks July 23, 2018 H.R. 4406, designating the facility of the this role, Mr. Hahn has also served as a liai- ACA could be considered a tax because it re- United States Postal Service located at 511 son between the Mason Life Program and the quires individuals to buy health insurance. In East Walnut Street in Columbia, Missouri, as U.S. Congress in order to coordinate matching his opinion, as a tax, the ACA is unconstitu- the ‘‘Spc. Sterling William Wyatt Post Office CIPIID interns with congressional offices to tional because it violates the Anti-Injunction Building.’’) serve in throughout the year. Act—limiting the jurisdiction of federal courts f Mr. Hahn began his employment with over tax-related matters. What Judge George Mason University and the Mason Life Kavanaugh and Republican supporters seek- IN RECOGNITION OF SCOBA Program as support staff in 2009, in which he ing to repeal the ACA ignore is the ACA’s suc- FRANCIS RHODES assisted and encouraged students within the cess in: keeping insurance companies from program. In 2012, Mr. Hahn moved to his cur- charging women more than men; stopping in- HON. WILLIAM R. KEATING rent role as Employment Coordinator for the surers from denying coverage to individuals OF MASSACHUSETTS Mason Life Program, where his main responsi- with pre-existing conditions; and preventing IN THE HOUSE OF REPRESENTATIVES bility was to assist the students in developing seniors from having to choose between their necessary skills and relationships in order to Monday, July 23, 2018 medications or daily meals. be successful members in the workforce On Voting Rights—Again in 2011, following Mr. KEATING. Mr. Speaker, I rise today in through the CIPIID program, as well as other the Obama administration’s findings that a recognition of the life of Scoba Francis work experiences. South Carolina voter ID law would disenfran- Rhodes, a resident of East Falmouth, Massa- Throughout his time of service, Mr. Hahn chise tens of thousands of minority voters, chusetts and dedicated civil rights and edu- has proven to be crucial in assuring that all in- Judge Kavanaugh sided with South Carolina cation advocate. volved with the CIPIID program have both a government and expressed his approval of Scoba was born in Indianapolis, Indiana, positive and enlightening experience. Without states enacting stronger voter ID laws. and moved to Falmouth with his family in his efforts, the internship program would not On Roe v. Wade—The President said he 1947. Following his graduation from the Flor- be what it is today. His dedication and passion will not ask his nominee how they would rule ida Agricultural and Mechanical College, he for those with disabilities, paired with his ap- on Roe v. Wade, and there really is no need. served in the Air Force as an education spe- preciation of the value of meaningful employ- The President clearly stated he would nomi- cialist during the Vietnam War era. ment for all, have helped skyrocket this pro- nate ‘‘pro-life judges’’ who would overturn His laudable devotion to public service con- gram into what it is today. Roe. We already know how Judge Kavanaugh tinued through his position as a guidance In addition to serving as the liaison to will rule in any case regarding a woman’s re- counselor at the Mores Pond School in Fal- CIPIID, Mr. Hahn has experienced success in productive rights. In 2015, he sided with reli- mouth, while he ran a night program for stu- many other areas of his life. He is an Eagle gious groups refusing to provide contraceptive dents unable to finish High School. Later, he Scout Award Recipient, a member of the coverage, as required through ACA. Then, in served as the assistant director of admissions Council for Exceptional Children, and he has 2017, he dissented from a decision that per- and then associate director, at Southeastern presented at various conferences on the topic mitted an undocumented immigrant teen to Massachusetts University. Further, he served of transitional services for adults with intellec- have a legal abortion. as the dean of students at Upper Cape Cod tual disabilities. That brings me back to my earlier statement Regional Technical School and Worcester Mr. Hahn is a kind, hard-working, and dedi- of the threat to impartiality on the bench. Academy and on the board of trustees for cated individual. He has given much of his Judge Kavanaugh stated in a 2009 law review Cape Cod Community College. time to help adults with intellectual disabilities article that sitting presidents should receive ‘‘a Throughout his life, Scoba worked tirelessly become involved and contributing members of temporary deferral of civil suits and of criminal to advance civil rights. To name a few roles in society. The students of the Mason Life Pro- prosecutions and investigations.’’ With the which he served, he was elected chairman of gram look up to Mr. Hahn as a mentor and continuing legal implications mounting against the Cape Cod Council of the Massachusetts friend, and those who have had the pleasure the President in the Mueller and Cohen inves- Commission Against Discrimination in 1973, of working with him hold him in the highest re- tigations and the emoluments lawsuit filed by served as president of the Cape Cod chapter gard. As Mr. Hahn closes out his time with the 200 congressional Democrats, if it were left up of the NAACP, and was the 2018 recipient of Mason Life Program, as well as our CIPIID, I to Judge Kavanaugh, he would make the the Civic Leadership Award from the Falmouth want to express how much he will be missed. President untouchable. It is clear why Judge ‘‘No Place for Hate’’ organization. We are forever grateful for all of his contribu- Kavanaugh would be a great pick for a Presi- Unfortunately, Scoba passed away on June tions and extend our warmest wishes to him in dent experiencing an unprecedented number 23, 2018. His commitment will live on through his future endeavors. of legal woes while in office—great pick for the his growing family and the legacy of his activ- f President, but terrible for America and the ism in our community. progress we’ve made. Mr. Speaker, I am proud to honor the life of HIGH STAKES ON THE HIGH I urge Republicans in the Senate to reject Scoba Rhodes. I ask that my colleagues join COURT: JUSTICE HANGING IN this nomination and uphold their responsi- me in recognizing his many years of dedica- THE BALANCE bility—stop avoiding vetting protocols put in tion to his community and his country. place to ensure qualified jurists protect the SPEECH OF f fundamental rights of all citizens, and not just HON. MARCIA L. FUDGE the chosen few. APPRECIATION OF MR. ANDREW OF OHIO f HAHN FOR HIS SERVICE AND IN- IN THE HOUSE OF REPRESENTATIVES VOLVEMENT WITH THE CON- FINANCIAL NET WORTH GRESSIONAL INTERNSHIP PRO- Monday, July 16, 2018 GRAM FOR INDIVIDUALS WITH Ms. FUDGE. Mr. Speaker, I rise today to HON. F. JAMES SENSENBRENNER, JR. INTELLECTUAL DISABILITIES express deep concern and opposition for the OF WISCONSIN President’s U.S. Supreme Court nominee, IN THE HOUSE OF REPRESENTATIVES HON. GREGG HARPER Brett Kavanaugh. I appeal to my colleagues Monday, July 23, 2018 OF MISSISSIPPI on the other side of the aisle to recognize the Mr. SENSENBRENNER. Mr. Speaker, I am IN THE HOUSE OF REPRESENTATIVES threat Judge Kavanaugh poses to Americans’ making my financial net worth as of March 31, most fundamental rights and the impartiality Monday, July 23, 2018 2018, a matter of public record. I have filed required for any jurist filling a Supreme Court similar statements for each of the thirty-nine Mr. HARPER. Mr. Speaker, I rise today to seat. preceding years I have served in the Con- extend appreciation to Mr. Andrew Hahn for If my colleagues truly want to know how gress. his service and involvement with the Congres- Judge Kavanaugh will rule on cases address- ASSETS sional Internship Program for Individuals with ing Roe v. Wade, voting rights, affirmative ac- REAL PROPERTY Intellectual Disabilities (CIPIID). I want to rec- tion, Brown v. Board of Education and afford- Single family residence at 609 Ft. Williams ognize Mr. Hahn who has been with George able health care, all they need to do is review Parkway, City of Alexandria, Virginia, at as- Mason University’s Mason—Life Program, a his track record. sessed valuation. (Assessed at $1,407,301). postsecondary educational program for adults On the Affordable Care Act (ACA)—Judge Ratio of assessed to market value: 100% with intellectual disabilities, since 2009. Within Kavanaugh wrote in a 2011 decision that the (Unencumbered): $1,407,301.00.

VerDate Sep 11 2014 04:59 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\A23JY8.025 E23JYPT1 SSpencer on DSKBBXCHB2PROD with REMARKS July 23, 2018 CONGRESSIONAL RECORD — Extensions of Remarks E1049 Condominium at N76 W14726 North Point STATEMENT OF 2017 TAXES PAID—Continued where there were no lights. I have been in Drive, Village of Menomonee Falls, alleys where there was no hope. I have been Waukesha County, Wisconsin, at assessor’s Wisconsin Income Tax ...... 36,261.00 with Bob and families after their relatives had estimated market value. (Unencumbered): Menomonee Falls, WI Property Tax ...... 2,269.00 $142,000,00 Chenequa, WI Property Tax ...... 18,332.00 been shot. Bob has worked to bring help to Undivided 25/44ths interest in single family Alexandria, VA Property Tax ...... 16,271.00 the helpless and hope to the hopeless. Bob Residence at N52 W32654 Maple Lane, Village Von Drasek is a good man and I thank him of Chenequa, Waukesha County, Wisconsin, I further declare that I am trustee of a and his family, his wife and children for what at 25/44ths of assessor’s estimated market trust established under the will of my late they have meant to our community and to our value of $1,519,000. $863,068.18. father, Frank James Sensenbrenner, Sr., for Total Real Property: $2,412,369.18. world. True soldiers are always reluctant to the benefit of my sister, Margaret A. Sensen- come off the battlefield, but there comes a brenner, and of my two sons, F. James Sen- # of $ per time when we must put away our swords and Common & Preferred Stock shares share Value senbrenner, III, and Robert Alan Sensen- brenner. I am further the direct beneficiary shields to practice war no more. When that Abbott Laboratories, Inc...... 12200 59.92 $731,024.00 of five trusts, but have no control over the time comes, just know that he has made a dif- AbbVie Inc...... 7671 94.65 726,060.15 Allstate Corporation ...... 370 94.80 35,076.00 assets of either trust. ference. When he came to South Austin, AT&T ...... 7275 35.65 259,353.75 Also, I am neither an officer nor a director some newspapers, urban planners and prog- JP Morgan Chase ...... 4539 109.97 499,153.83 Benton County Mining Company 333 0.00 0.00 of any corporation organized under the laws nosticators were predicting that Austin would BP PLC ...... 3604 40.54 146,106.16 of the State of Wisconsin or of any other be the next slum. They did not know him, and Centerpoint Energy ...... 300 27.40 8,220.00 state or foreign country. Chemours Company ...... 240 48.71 11,690.40 they did not know the people of South Austin. Chenequa Country Club Realty F. JAMES SENSENBRENNER, Jr., South Austin is not a slum. It is a vibrant, for- Co...... 1 0.00 0.00 Member of Congress. Comcast ...... 1268 34.17 43,32.56 ward-thinking and forward-moving community. Darden Restaurants, Inc...... 2160 85.25 184,140.00 f Bob has done the Master’s work. He has fed Discover Financial Services ...... 156 71.93 11,221.08 Dun & Bradstreet, Inc...... 1250 117.00 146,250.00 TRIBUTE TO MR. ROBERT (BOB) the hungry, clothed the naked, brought hope DowDuPont Inc...... 1538 63.71 97,985.98 to the hopeless, and helped the helpless. He Eastman Chemical Co...... 540 105.58 57,013.20 VON DRASEK Exxon Mobil Corp...... 9728 74.61 725,806.08 has lifted spirits and he has taught people how Four Corners Property Trust Inc. 983 23.09 22,697.47 to love, how to live, and how to work together. Gartner Inc...... 651 117.62 76,570.62 HON. DANNY K. DAVIS General Electric Co...... 15600 13.48 210,288.00 I close with words of my favorite song: General Mills, Inc...... 5760 45.06 259,545.60 OF ILLINOIS ‘‘If when you give the best of your service, NRG Energy ...... 28 30.53 854.84 GlassBridge Ent...... 9 1.19 10.71 IN THE HOUSE OF REPRESENTATIVES Telling the world that the Savior is Kellogg Corp...... 3200 65.01 208,032.00 come; Be not dismayed when men be- 3M Company ...... 2000 219.52 439,040.00 Monday, July 23, 2018 Express Scripts ...... 6656 69.08 459,796.48 lieve you; He understands; and say, Monsanto Company ...... 2852.315 116.69 332,836.64 Mr. DANNY K. DAVIS of Illinois. Mr. Speak- ‘‘Well done.’’ Moody’s ...... 5000 161.30 806,500.00 er, I rise to pay tribute to Mr. Robert (Bob) Morgan Stanley ...... 312 53.96 16,835.52 Oh, when I come to the end of my journey, NCR Corp...... 68 31.52 2,143.36 Von Drasek the most dedicated, committed Weary of life and the battle is won; car- Newell Rubbermaid ...... 1676 25.48 42,704.48 and most loyal Saul Alinsky-trained organizer rying the staff and the cross of redemp- Nokia ...... 74 5.47 404.78 PG & E Corp...... 175 43.93 7,687.75 that I have ever known. Bob came to the tion, He’ll understand, and say ‘‘Well Pfizer ...... 30415 35.49 1,079,428.35 South Austin Community during a time of done.’’ Century Link ...... 95 16.43 1,560.85 Tenneco Inc...... 182 54.87 9,986.34 great turbulence. The community was in the If when this life of labor is ended, And the re- Unisys Corp...... 16 10.75 172.00 throes of a great transition from being 80 per- ward of the race you have run; Oh! the US Bancorp ...... 3081 50.50 155,590.50 sweet rest prepared for faithful, Will be Verizon ...... 2002 47.82 95,735.64 cent white to becoming 80 percent Black with- Vodafone Group PLC ...... 323 27.82 8,985.86 in a ten-year period of time. Block busting, his blest and final ‘‘Well done.’’ WEC Energy Group ...... 2044 62.70 128,158.80 panic peddling, redlining, disinvestment and all But if you try and fail in your trying, hands Total common & preferred manner of malfeasance were taking place. Po- sore and scarred from the work you’ve stocks & bonds ...... $8,047,994.78 begun; take up your cross, run quickly lice brutality and other forms of law enforce- to meet Him; He’ll understand, he’ll Life insurance policies Face $ Surrender $ ment misconduct were rampant. I met Bob say, ‘‘Well done!’’ Von Drasek (during this period. It was also Northwestern Mutual No. 00 ...... 12,000.00 136,945.39 f Northwestern Mutual No. 61 ...... 30,000.00 329,614.09 during this time that the organization for a Bet- Massachusetts Mutual No. 75 ...... 10,000.00 19,933.41 ter Austin was organized, the South Austin PERSONAL EXPLANATION Massachusetts Mutual No. 44 ...... 100,000.00 545,005.11 American General Life Ins. No.59L 175,000.00 38,512.54 Coalition Community Council (SACCC) was formed with Bob as lead organizer, and I de- Total life insurance policies ...... 1,070,010.54 HON. J. FRENCH HILL cided to run for the City Council. Over the OF ARKANSAS years I have followed Bob’s work with IN THE HOUSE OF REPRESENTATIVES Bank & IRA accounts Balance SACCC. South Austin is practically an all JP Morgan Chase Bank, checking account ...... $106,723.00 black community except for a few merchants Monday, July 23, 2018 JP Morgan Chase Bank, savings account ...... 50,610.32 BMO Harris Bank, checking account ...... 8,711.42 who never left the area, a few white residents, Mr. HILL. Mr. Speaker, on March 7, 2017, I Burke & Herbert Bank, Alexandria, VA, checking ac- school teachers and policemen, Bob is white was sick and not present to vote. Had I been count ...... 4,983.54 JP Morgan, IRA account ...... 143,109.81 or caucasian and yet he won the hearts of the present, I would have voted YEA on Roll Call community and the trust of the people. He has No. 128. Total bank & IRA accounts ...... 314,138.09 developed intimate relationships with many of f the residents and to many he is like a member Miscellaneous Value of their family. Through much of Bob’s leader- VOTE EXPLANATION ON H. RES. 2009 Ford Taurus ...... $5,464.00 ship, SACCC became known as the top grass- 990 2013 Ford Taurus ...... 13,038.00 Office furniture & equipment (estimated) ...... 1,000.00 roots community organization in the Chicago Furniture, clothing & personal property (estimated) ...... 170,000.00 land area. Bob was always a great strategist Stamp collection (estimated) ...... 220,000.00 HON. SUZANNE BONAMICI Deposits in Congressional Retirement Fund ...... 254,911.65 but the members like Mr. Ed Bailey, Mrs. Irene OF OREGON Deposits in Federal Thrift Savings Plan ...... 623,946.49 Norwood, Mrs. Lillian Drummond and Mr. Traveler’s checks ...... 7,800.00 IN THE HOUSE OF REPRESENTATIVES 17ft. Boston Whaler boat & 70 hp Johnson outboard George Lawson were the voices. Many people motor (estimated) ...... 4,200.00 don’t know it, but it was SACCC who led com- Monday, July 23, 2018 20ft. Pontoon boat & 40 hp Mercury outboard motor (estimated) ...... 7,000.00 munity reinvestment. It was SACCC who orga- Ms. BONAMICI. Mr. Speaker, I rise today to nized senior citizens. It was SACCC that led make clear my intent in voting ‘‘Present’’ on H. Total miscellaneous ...... 1,307,360.14 the fight for LIHEAP. It was SACCC that kept Res. 990. This resolution expresses categor- Total assets ...... 13,151,872.73 the Austin Bank on its toes (best behavior). It ical support for Immigration and Customs En- was SACCC that united block clubs. It was Liabilities: None. forcement while failing to address valid con- Total Liabilities: $0.00. SACCC that got people to join local school cerns about recent ICE actions and policies Net worth: $13,151,872.73. councils, and it was SACCC that got churches like child separation. Since President Trump to open their doors for community meetings. I came into office, there have been multiple al- STATEMENT OF 2017 TAXES PAID have been in buildings with Bob where there legations of ICE officers around the country was no heat. I have been in homes where failing to follow proper protocol and potentially Federal Income Tax ...... $129,256.00 there was no food, and I have been on streets acting in violation of individuals’ constitutional

VerDate Sep 11 2014 04:59 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A23JY8.029 E23JYPT1 SSpencer on DSKBBXCHB2PROD with REMARKS E1050 CONGRESSIONAL RECORD — Extensions of Remarks July 23, 2018 rights. These incidents, several of which have and group health plans do not prohibit 10 a.m. been recorded on video, call into question pharmacy providers from providing Committee on Commerce, Science, and whether ICE officials are conducting them- certain information to enrollees, H.R. Transportation selves in full accordance with federal law and 1222, to amend the Public Health Serv- To hold hearings to examine the nomina- ice Act to coordinate Federal con- tions of Rick A. Dearborn, of Okla- agency policies and procedures. genital heart disease research efforts I support having the appropriate personnel, homa, to be a Director of the Amtrak and to improve public education and Board of Directors, and Martin J. equipment, facilities, and resources to protect awareness of congenital heart disease, Oberman, of Illinois, to be a Member of our borders and enforce the rule of law in S. 2465, to amend the Public Health the Surface Transportation Board. America, but immigration enforcement does Service Act to reauthorize a sickle cell SR–253 not need to be militarized and operate with im- disease prevention and treatment dem- Committee on Foreign Relations punity. We can treat individuals in a humane onstration program and to provide for sickle cell disease research, surveil- Business meeting to consider S. 1023, to and just manner and still prevent crime, re- reauthorize the Tropical Forest Con- duce trafficking, and keep our country safe. lance, prevention, and treatment, S. 3016, to amend the Public Health Serv- servation Act of 1998 through fiscal People fleeing violence in their home countries ice Act to improve essential oral year 2021, S. 1580, to enhance the trans- and seeking asylum in the United States need health care for low-income and other parency, improve the coordination, and to be protected, not fear more persecution. underserved individuals by breaking intensify the impact of assistance to We must enact commonsense changes to im- down barriers to care, and pending support access to primary and sec- prove accountability and protect the funda- nominations. ondary education for displaced children mental rights of immigrants—particularly those SD–430 and persons, including women and legally seeking asylum. I will continue pushing Commission on Security and Cooperation girls, S. Res. 501, recognizing threats to for rigorous oversight of ICE and reforms to in Europe freedom of the press and expression our immigration enforcement system. To receive a briefing on attacks on Roma around the world and reaffirming free- in Ukraine. dom of the press as a priority in efforts f SVC–214 of the Government of the United States Joint Economic Committee SENATE COMMITTEE MEETINGS to promote democracy and good gov- To hold hearings to examine the innova- ernance, S. Res. 541, expressing the Title IV of Senate Resolution 4, tion economy, entrepreneurship, and agreed to by the Senate of February 4, barriers to capital access. sense of the Senate that any United 1977, calls for establishment of a sys- LHOB–1100 States-Saudi Arabia civilian nuclear tem for a computerized schedule of all Joint Select Committee on Solvency of cooperation agreement must prohibit meetings and hearings of Senate com- Multiemployer Pension Plans the Kingdom of Saudi Arabia from en- mittees, subcommittees, joint commit- To hold hearings to examine how the riching uranium or separating pluto- tees, and committees of conference. multiemployer pension system affects nium on its own territory, in keeping This title requires all such committees stakeholders. with the strongest possible non- proliferation ‘‘gold standard’’, S. Res. to notify the Office of the Senate Daily SD–215 2 p.m. 571, condemning the ongoing illegal oc- Digest—designated by the Rules Com- Commission on Security and Cooperation cupation of Crimea by the Russian Fed- mittee—of the time, place and purpose in Europe eration, an original bill entitled, ‘‘Tur- of the meetings, when scheduled and To hold hearings to examine the state of key International Financial Institu- any cancellations or changes in the play, focusing on globalized corruption, tions Act’’, the nomination of Joseph meetings as they occur. state-run doping, and international Cella, of Michigan, to be Ambassador As an additional procedure along sport. to the Republic of Fiji, and to serve with the computerization of this infor- SD–562 concurrently and without additional mation, the Office of the Senate Daily 2:15 p.m. compensation as Ambassador to the Digest will prepare this information for Committee on Commerce, Science, and Republic of Kiribati, the Republic of printing in the Extensions of Remarks Transportation Nauru, the Kingdom of Tonga, and Subcommittee on Space, Science, and section of the CONGRESSIONAL RECORD Tuvalu, Department of State, and rou- Competitiveness on Monday and Wednesday of each tine lists in the Foreign Service. To hold hearings to examine destination S–116 week. Mars, focusing on putting American Committee on Homeland Security and Meetings scheduled for Tuesday, July boots on the surface of the red planet. Governmental Affairs 24, 2018 may be found in the Daily Di- SR–253 Subcommittee on Regulatory Affairs and gest of today’s RECORD. 2:30 p.m. Committee on Foreign Relations Federal Management MEETINGS SCHEDULED To hold hearings to examine American To hold hearings to examine the chal- diplomacy to advance our national se- lenges and opportunities of the pro- JULY 25 curity strategy. posed government reorganization on 9:30 a.m. SD–419 Office of Personnel Management and Select Committee on Intelligence General Services Administration. JULY 26 To hold hearings to examine the nomina- SD–342 tions of Joseph Maguire, of Florida, to 9:30 a.m. 10:30 a.m. be Director of the National Counterter- Committee on Finance Committee on Finance rorism Center, Office of the Director of To hold hearings to examine the nomina- Subcommittee on Taxation and IRS Over- tions of Justin George Muzinich, of National Intelligence, and Ellen E. sight New York, to be Deputy Secretary, and McCarthy, of Virginia, to be an Assist- To hold hearings to examine improving Michael J. Desmond, of California, to ant Secretary of State (Intelligence tax administration today. be Chief Counsel for the Internal Rev- and Research). SD–562 SH–216 enue Service and an Assistant General 11 a.m. 10 a.m. Counsel, both of the Department of the Committee on Health, Education, Labor, Committee on Commerce, Science, and Treasury. and Pensions Transportation SD–215 To hold hearings to examine the race to 9:45 a.m. To hold hearings to examine modernizing 5G, focusing on exploring spectrum Committee on Appropriations apprenticeships to expand opportuni- needs to maintain United States global Subcommittee on Commerce, Justice, ties. leadership. Science, and Related Agencies SD–430 SR–253 To hold hearings to examine proposed 2 p.m. Committee on Health, Education, Labor, budget estimates and justification for Select Committee on Intelligence and Pensions fiscal year 2019 for the Office of the To receive a closed briefing regarding Business meeting to consider S. 2554, to United States Trade Representative. certain intelligence matters. ensure that health insurance issuers SD–192 SH–219

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HIGHLIGHTS Senate confirmed the nomination of Robert L. Wilkie, of North Carolina, to be Secretary of Veterans Affairs. Senate Strengthening Career and Technical Education Chamber Action for the 21st Century Act: Committee on Health, Routine Proceedings, pages S5115–S5226 Education, Labor, and Pensions was discharged from Measures Introduced: One bill and one resolution further consideration of H.R. 2353, to reauthorize were introduced, as follows: S. 3255, and S. Res. the Carl D. Perkins Career and Technical Education Act of 2006, and the bill was then passed, after 587. Page S5130 agreeing to the following amendment proposed Measures Reported: thereto: Page S5225 S. 612, to provide for the unencumbering of title Murkowski (for Alexander) Amendment No. to non-Federal land owned by the city of Tucson, 3408, in the nature of a substitute. Page S5225 Arizona, for purposes of economic development by Measures Considered: conveyance of the Federal reversionary interest to the City. (S. Rept. No. 115–306) Department of the Interior, Environment, and H.R. 1547, to provide for the unencumbering of Related Agencies Appropriations Act—Agree- title to non-Federal land owned by the city of Tuc- ment: Senate began consideration of H.R. 6147, son, Arizona, for purposes of economic development making appropriations for the Department of the In- by conveyance of the Federal reversionary interest to terior, environment, and related agencies for the fiscal year ending September 30, 2019, taking action the City. (S. Rept. No. 115–307) Page S5130 on the following amendments proposed thereto: Measures Passed: Pages S5122–26 Department of Energy Research and Innovation Pending: Act: Senate passed H.R. 589, to establish Depart- Shelby Amendment No. 3399, in the nature of a ment of Energy policy for science and energy re- substitute. Pages S5122–26 search and development programs, and reform Na- Murkowski Amendment No. 3400 (to Amend- tional Laboratory management and technology trans- ment No. 3399), of a perfecting nature. Page S5122 fer programs, after agreeing to the following amend- A unanimous-consent agreement was reached pro- ment proposed thereto: Page S5219 viding that for the purpose of Rule XVI in relation Murkowski Amendment No. 3403, to strike the to Shelby Amendment No. 3399 (listed above), Di- provisions relating to nuclear energy innovation ca- vision A of H.R. 6147, making appropriations for pabilities. Page S5219 the Department of the Interior, environment, and related agencies for the fiscal year ending September Department of Energy Research and Innovation 30, 2019, serve as the basis for defense of germane- Act: Senate passed S. 2503, to establish Department ness for Division A of the amendment; Division B of Energy policy for science and energy research and of H.R. 6147, serve as the basis for defense of ger- development programs, and reform National Labora- maneness for Division B of the amendment; that tory management and technology transfer programs, H.R. 5961, making appropriations for Agriculture, after agreeing to the following amendment proposed Rural Development, Food and Drug Administration, thereto: Pages S5219–25 and Related Agencies programs for the fiscal year Murkowski Amendment No. 3404, to strike the ending September 30, 2019, as reported by the provisions relating to nuclear energy innovation ca- House Appropriations Committee, serve as the basis pabilities. Page S5219 for defense of germaneness for Division C of the D847

VerDate Sep 11 2014 06:03 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D23JY8.REC D23JYPT1 SSpencer on DSKBBXCHB2PROD with DIGEST D848 CONGRESSIONAL RECORD — DAILY DIGEST July 23, 2018 amendment; and that H.R. 6072, making appropria- Kim R. Holmes, of Virginia, to be a Member of tions for the Department of Transportation, and the National Council on the Humanities for a term Housing and Urban Development, and related agen- expiring January 26, 2022. cies for the fiscal year ending September 30, 2019, Phyllis Kaminsky, of Arizona, to be a Member of as reported by the House Appropriations Committee, the National Council on the Humanities for a term serve as the basis for defense of germaneness for Di- expiring January 26, 2020. vision D of the Amendment. Page S5122 Jean M. Yarbrough, of Maine, to be a Member of A unanimous-consent agreement was reached pro- the National Council on the Humanities for a term viding for further consideration of the bill at ap- expiring January 26, 2022. proximately 10 a.m., on Tuesday, July 24, 2018. Steven Dillingham, of Virginia, to be Director of Page S5225 the Census for a term expiring December 31, 2021. 2 Air Force nominations in the rank of general. Message from the President: Senate received the 1 Army nomination in the rank of general. following message from the President of the United Routine lists in the Air Force and Army. States: Pages S5225–26 Transmitting, pursuant to law, a report relative to Nomination Withdrawn: Senate received notifica- the continuation of the national emergency with re- tion of withdrawal of the following nomination: spect to significant transnational criminal organiza- Christopher R. Sharpley, of Virginia, to be Inspec- tions that was established in Executive Order 13581 tor General, Central Intelligence Agency, which was on July 24, 2011 received during adjournment of sent to the Senate on September 5, 2017. Page S5226 the Senate on July 20, 2018; which was referred to the Committee on Banking, Housing, and Urban Messages from the House: Pages S5129–30 Affairs. (PM–46) Page S5129 Measures Referred: Page S5130 Nomination Confirmed: Senate confirmed the fol- Executive Communications: Page S5130 lowing nomination: Petitions and Memorials: Page S5130 By 86 yeas to 9 nays (Vote No. EX. 163), Robert Additional Cosponsors: Pages S5130–32 L. Wilkie, of North Carolina, to be Secretary of Vet- erans Affairs. Pages S5118–22 Statements on Introduced Bills/Resolutions: Pages S5132–33 Nominations Received: Senate received the following nominations: Additional Statements: Pages S5128–29 Christopher P. Vincze, of Massachusetts, to be a Amendments Submitted: Pages S5133–S5219 Member of the Board of Directors of the Overseas Privileges of the Floor: Page S5219 Private Investment Corporation for a term expiring Record Votes: One record vote was taken today. December 17, 2019. (Total—163) Page S5122 Earl Robert Miller, of Michigan, to be Ambas- sador to the People’s Republic of Bangladesh. Adjournment: Senate convened at 3 p.m. and ad- Kathe Hicks Albrecht, of California, to be a journed at 6:53 p.m., until 10 a.m. on Tuesday, July Member of the National Council on the Humanities 24, 2018. (For Senate’s program, see the remarks of for a term expiring January 26, 2024. the Acting Majority Leader in today’s Record on Keegan F. Callanan, of Vermont, to be a Member page S5225.) of the National Council on the Humanities for a term expiring January 26, 2024. Committee Meetings David Armand DeKeyser, of Alabama, to be a Member of the National Council on the Humanities (Committees not listed did not meet) for a term expiring January 26, 2020. No committee meetings were held.

VerDate Sep 11 2014 06:03 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D23JY8.REC D23JYPT1 SSpencer on DSKBBXCHB2PROD with DIGEST July 23, 2018 CONGRESSIONAL RECORD — DAILY DIGEST D849 House of Representatives 5515, to authorize appropriations for fiscal year 2019 Chamber Action for military activities of the Department of Defense Public Bills and Resolutions Introduced: 15 pub- and for military construction, to prescribe military lic bills, H.R. 6463–6469, 6471–6478; and 8 reso- personnel strengths for such fiscal year, and for other lutions, H. Res. 1007–1010, 1013–1016 were intro- purposes (H. Rept. 115–863). Pages H6647–48 duced. Pages H6648–49 Speaker: Read a letter from the Speaker wherein he Additional Cosponsors: Pages H6650–51 appointed Representative Lesko to act as Speaker pro Reports Filed: Reports were filed today as follows: tempore for today. Page H6591 H.R. 6077, recognizing the National Comedy Recess: The House recessed at 12 noon and recon- Center in Jamestown, New York (H. Rept. vened at 2 p.m. Page H6591 115–854); Suspensions: The House agreed to suspend the rules H.R. 5979, to establish the Mill Springs Battle- and pass the following measures: field National Monument in the State of Kentucky as a unit of the National Park System, and for other National Suicide Hotline Improvement Act: purposes, with an amendment (H. Rept. 115–855); H.R. 2345, amended, to require the Federal Com- H.R. 5613, to designate the Quindaro Townsite munications Commission to study the feasibility of in Kansas City, Kansas, as a National Historic Land- designating a simple, easy-to-remember dialing code to be used for a national suicide prevention and mark, and for other purposes, with amendments (H. 2 Rept. 115–856); mental health crisis hotline system, by a ⁄3 yea-and- H.R. 519, to amend the Internal Revenue Code of nay vote of 379 yeas to 1 nay, Roll No. 366; 1986 to facilitate water leasing and water transfers Pages H6592–95, H6631–32 to promote conservation and efficiency, with an Precision Agriculture Connectivity Act of 2018: amendment (H. Rept. 115–857); H.R. 4881, amended, to require the Federal Com- H.R. 5954, to amend title 18, United States munications Commission to establish a task force for Code, to clarify the meaning of the terms ‘‘act of meeting the connectivity and technology needs of war’’ and ‘‘blocked asset’’, and for other purposes, precision agriculture in the United States, by a 2⁄3 with an amendment (H. Rept. 115–858); yea-and-nay vote of 378 yeas to 4 nays, Roll No. H.R. 1689, to protect private property rights (H. 367; Pages H6595–97, H6632–33 Rept. 115–859); Agreed to amend the title so as to read: ‘‘To re- H. Res. 1011, providing for consideration of the quire the Federal Communications Commission to bill (H.R. 184) to amend the Internal Revenue Code establish a task force for reviewing the connectivity of 1986 to repeal the excise tax on medical devices, and technology needs of precision agriculture in the and providing for consideration of the bill (H.R. United States.’’. Page H6633 6311) to amend the Internal Revenue Code of 1986 Preventing Illegal Radio Abuse Through En- and the Patient Protection and Affordable Care Act forcement Act: H.R. 5709, amended, to amend the to modify the definition of qualified health plan for Communications Act of 1934 to provide for en- purposes of the health insurance premium tax credit hanced penalties for pirate radio; Pages H6597–98 and to allow individuals purchasing health insurance Educating Medical Professionals and Optimizing in the individual market to purchase a lower pre- Workforce Efficiency and Readiness Act: H.R. mium copper plan (H. Rept. 115–860); 3728, amended, to amend title VII of the Public H. Res. 1012, providing for consideration of the Health Service Act to reauthorize certain programs bill (H.R. 6199) to amend the Internal Revenue relating to the health professions workforce; Code of 1986 to include certain over-the-counter Pages H6598–H6600 medical products as qualified medical expenses, and providing for the proceedings during the period Children’s Hospital GME Support Reauthoriza- from July 27, 2018, through September 3, 2018 (H. tion Act: H.R. 5385, amended, to amend the Public Rept. 115–861); Health Service Act to reauthorize the program of H.R. 6470, making appropriations for the Depart- payments to children’s hospitals that operate grad- ments of Labor, Health and Human Services, and uate medical education programs; Pages H6600–02 Education, and related agencies for the fiscal year Palliative Care and Hospice Education and ending September 30, 2019, and for other purposes Training Act: H.R. 1676, amended, to amend the (H. Rept. 115–862); and Conference report on H.R. Public Health Service Act to increase the number of

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the rule provides that on any legislative day during Committee Meetings the period from July 27, 2018, through September RESTORING ACCESS TO MEDICATION AND 3, 2018: the Journal of the proceedings of the pre- MODERNIZING HEALTH SAVINGS vious day shall be considered as approved; and the ACCOUNTS ACT OF 2018; INCREASING Chair may at any time declare the House adjourned ACCESS TO LOWER PREMIUM PLANS AND to meet at a date and time to be announced by the EXPANDING HEALTH SAVINGS ACCOUNTS Chair in declaring the adjournment. In section 3, the ACT OF 2018; PROTECT MEDICAL rule provides that the Speaker may appoint Members INNOVATION ACT OF 2017 to perform the duties of the Chair for the duration Committee on Rules: Full Committee held a hearing on of the period addressed by section 2. In section 4, H.R. 6199, the ‘‘Restoring Access to Medication and the rule provides that each day during the period ad- Modernizing Health Savings Accounts Act of 2018’’; dressed by section 2 of the resolution shall not con- H.R. 6311, the ‘‘Increasing Access to Lower Pre- stitute a calendar day for the purposes of section 7 mium Plans and Expanding Health Savings Ac- of the War Powers Resolution (50 U.S.C. 1546). In counts Act of 2018’’; and H.R. 184, the ‘‘Protect section 5, the rule provides that each day during the Medical Innovation Act of 2017’’. The Committee period addressed by section 2 of the resolution shall granted, by record vote of 8–4, a rule providing for not constitute a legislative day for purposes of clause the consideration of H.R. 184 under a closed rule. 7 of rule XIII (resolutions of inquiry). Finally, in The rule provides one hour of debate equally divided section 6, the rule provides that each day during the and controlled by the chair and ranking minority period addressed by section 2 of the resolution shall member of the Committee on Ways and Means. The not constitute a calendar or legislative day for pur- rule waives all points of order against consideration poses of clause 7(c)(1) of rule XXII (motions to in- of the bill. The rule provides that the amendment struct conferees). Testimony was heard from Rep- printed in the Rules Committee report accom- resentatives Jenkins of Kansas, Paulsen, and Levin. panying the resolution shall be considered as adopted and the bill, as amended, shall be considered as read. The rule waives all points of order against provisions Joint Meetings in the bill, as amended. The rule provides one mo- No joint committee meetings were held. tion to recommit with or without instructions. In f section 2, the rule provides for the consideration of NEW PUBLIC LAWS H.R. 6311 under a closed rule. The rule provides one hour of debate equally divided and controlled by (For last listing of Public Laws, see DAILY DIGEST, p. D785) the chair and ranking minority member of the Com- H.R. 770, to require the Secretary of the Treasury mittee on Ways and Means. The rule waives all to mint coins in recognition of American innovation points of order against consideration of the bill. The and significant innovation and pioneering efforts of rule provides that an amendment in the nature of a individuals or groups from each of the 50 States, the substitute consisting of the text of Rules Committee District of Columbia, and the United States terri- Print 115–83, shall be considered as adopted and the tories, to promote the importance of innovation in bill, as amended, shall be considered as read. The the United States, the District of Columbia, and the rule waives all points of order against provisions in United States territories. Signed on July 20, 2018. the bill, as amended. The rule provides one motion (Public Law 115–197) to recommit with or without instructions. The Com- H.R. 2061, to reauthorize the North Korean mittee granted, by record vote of 8–4, a rule pro- Human Rights Act of 2004. Signed on July 20, viding for further consideration of H.R. 6199 under 2018. (Public Law 115–198) a closed rule. The rule provides one hour of debate S.J. Res. 60, providing for the reappointment of equally divided and controlled by the chair and Barbara M. Barrett as a citizen regent of the Board ranking minority member of the Committee on of Regents of the Smithsonian Institution. Signed on Ways and Means. The rule waives all points of order July 20, 2018. (Public Law 115–199) against consideration of the bill. The rule provides H.R. 219, to correct the Swan Lake hydroelectric that an amendment in the nature of a substitute project survey boundary and to provide for the con- consisting of the text of Rules Committee Print veyance of the remaining tract of land within the 115–82 shall be considered as adopted and the bill, corrected survey boundary to the State of Alaska. as amended, shall be considered as read. The rule Signed on July 20, 2018. (Public Law 115–200) waives all points of order against provisions in the H.R. 220, to authorize the expansion of an exist- bill, as amended. The rule provides one motion to ing hydroelectric project. Signed on July 20, 2018. recommit with or without instructions. In section 2, (Public Law 115–201)

VerDate Sep 11 2014 06:03 Jul 24, 2018 Jkt 079060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D23JY8.REC D23JYPT1 SSpencer on DSKBBXCHB2PROD with DIGEST D852 CONGRESSIONAL RECORD — DAILY DIGEST July 23, 2018 COMMITTEE MEETINGS FOR TUESDAY, Substance Use Treatment Industry’’, 10 a.m., 2123 Ray- JULY 24, 2018 burn. Subcommittee on Energy, hearing entitled ‘‘DOE Mod- (Committee meetings are open unless otherwise indicated) ernization: Legislation to Authorize a Pilot Project to Commercialize the Strategic Petroleum Reserve’’, 10:15 Senate a.m., 2322 Rayburn. Committee on Agriculture, Nutrition, and Forestry: to hold Committee on Financial Services, Full Committee, markup hearings to examine the nominations of Dan Michael on H.R. 1511, the ‘‘Homeless Children and Youth Act Berkovitz, of Maryland, to be a Commissioner of the of 2017’’; H.R. 2069, the ‘‘Fostering Stable Housing Op- Commodity Futures Trading Commission, and James E. portunities Act of 2017’’; H.R. 2570, the ‘‘Mortgage Hubbard, of Colorado, to be Under Secretary of Agri- Fairness Act of 2017’’; H.R. 3626, the ‘‘Bank Service culture for Natural Resources and Environment, 10 a.m., Company Examination Coordination Act of 2017’’; H.R. SR–328A. 5036, the ‘‘Financial Technology Protection Act’’; H.R. Committee on Banking, Housing, and Urban Affairs: to 5059, the ‘‘State Insurance Regulation Preservation Act’’; hold hearings to examine the nominations of Elad L. and H.R. 6332, the ‘‘Improving Strategies to Counter Roisman, of Maine, to be a Member of the Securities and Weapons Proliferation Act’’, 10 a.m., 2128 Rayburn. Exchange Commission, Michael R. Bright, of the District Committee on Foreign Affairs, Subcommittee on Middle of Columbia, to be President, Government National East and North Africa, hearing entitled ‘‘Egypt: Security, Mortgage Association, and Rae Oliver, of Virginia, to be Human Rights, and Reform’’, 2 p.m., 2172 Rayburn. Inspector General, both of the Department of Housing Committee on Homeland Security, Full Committee, mark- and Urban Development, and Dino Falaschetti, of Mon- up on H.R. 5869, the ‘‘Maritime Border Security Review tana, to be Director, Office of Financial Research, Depart- Act’’; H.R. 6198, the ‘‘Countering Weapons of Mass De- ment of the Treasury, 10 a.m., SD–538. struction Act of 2018’’; H.R. 6265, the ‘‘PreCheck is Committee on Commerce, Science, and Transportation: Sub- PreCheck Act of 2018’’; H.R. 6374, the ‘‘FIT Act’’; H.R. committee on Oceans, Atmosphere, Fisheries, and Coast 6400, the ‘‘United States Ports of Entry Threat and Guard, to hold hearings to examine the National Oceanic Operational Review Act’’; H.R. 6430, the ‘‘Securing the and Atmospheric Administration’s blue economy initia- Homeland Security Supply Chain Act of 2018’’; H.R. tive, focusing on supporting commerce in American 6438, the ‘‘DHS Countering Unmanned Aircraft Systems oceans and Great Lakes, 10 a.m., SR–253. Coordinator Act’’; H.R. 6439, the ‘‘Biometric Identifica- Subcommittee on Consumer Protection, Product Safety, tion Transnational Migration Alert Program Authoriza- Insurance, and Data Security, to hold hearings to examine tion Act of 2018’’; H.R. 6443, the ‘‘Advancing Cyberse- strengthening and empowering United States amateur curity Diagnostics and Mitigation Act’’; H.R. 6459, the athletes, focusing on moving forward with solutions, 2:30 ‘‘TSA Opportunities to Pursue Expanded Networks for p.m., SH–216. Business Act’’; H.R. 6461, the ‘‘TSA National Deploy- Committee on Energy and Natural Resources: business ment Force Act’’; H.R. 6447, the ‘‘Department of Home- meeting to consider the nominations of Teri L. Donald- land Security Chief Data Officer Authorization Act’’; H. son, of Texas, to be Inspector General, Karen S. Evans, Res. 1005, directing the Secretary of Homeland Security of West Virginia, to be an Assistant Secretary (Cybersecu- to transmit certain documents to the House of Represent- rity, Energy Security and Emergency Response), Chris- atives relating to the border security policies, procedures, topher Fall, of Virginia, to be Director of the Office of and activities as such relate to the interdiction of families Science, and Daniel Simmons, of Virginia, to be an As- by the U.S. Border Patrol between ports of entry, 10 sistant Secretary (Energy Efficiency and Renewable En- a.m., HVC–210. ergy), all of the Department of Energy; to be immediately Subcommittee on Border and Maritime Security, hear- followed by a hearing to examine factors that are impacting entitled ‘‘Boots at the Border: Examining the Na- ing global oil prices, 10 a.m., SD–366. tional Guard Deployment to the Southwest Border’’, 2 Committee on Foreign Relations: Subcommittee on East p.m., HVC–210. Asia, the Pacific, and International Cybersecurity Policy, Committee on the Judiciary, Full Committee, hearing en- to hold hearings to examine the China challenge, focusing titled ‘‘Examining the Wayfair decision and its Ramifica- on economic coercion as statecraft, 2:30 p.m., SD–419. tions for Consumers and Small Businesses’’, 10 a.m., Select Committee on Intelligence: to hold closed hearings to 2141 Rayburn. examine certain intelligence matters, 2:30 p.m., SH–219. Committee on Natural Resources, Subcommittee on Energy and Mineral Resources, hearing entitled ‘‘Assessing Inno- House vative and Alternative Uses of Coal’’, 10 a.m., 1324 Committee on Education and the Workforce, Subcommittee Longworth. on Health, Employment, Labor, and Pensions, hearing on Subcommittee on Indian, Insular and Alaska Native H.R. 4219, the ‘‘Workflex in the 21st Century Act’’, 10 Affairs, hearing on H.R. 5244, the ‘‘Mashpee a.m., 2175 Rayburn. Wampanoag Tribe Reservation Reaffirmation Act’’; S. Committee on Energy and Commerce, Subcommittee on 607, the ‘‘Native American Business Incubators Program Oversight and Investigations, hearing entitled ‘‘Exam- Act’’; and S. 1116, the ‘‘Indian Community Economic ining Advertising and Marketing Practices within the Enhancement Act of 2018’’, 2 p.m., 1324 Longworth.

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Committee on Oversight and Government Reform, Full Com- Committee on Appropriations: July 26, Subcommittee on mittee, hearing entitled ‘‘Cyber-securing the Vote: Ensur- Commerce, Justice, Science, and Related Agencies, to ing the Integrity of the U.S. Election System’’, 10 a.m., hold hearings to examine proposed budget estimates and 2154 Rayburn. justification for fiscal year 2019 for the Office of the Subcommittee on Healthcare, Benefits and Administra- United States Trade Representative, 9:45 a.m., SD–192. tive Rules; and Subcommittee on Intergovernmental Af- Committee on Banking, Housing, and Urban Affairs: July fairs, joint hearing entitled ‘‘Shielding Sources: Safe- 24, to hold hearings to examine the nominations of Elad guarding the Public’s Right to Know’’, 2 p.m., 2154 L. Roisman, of Maine, to be a Member of the Securities Rayburn. and Exchange Commission, Michael R. Bright, of the Subcommittee on the Interior, Energy, and Environ- District of Columbia, to be President, Government Na- ment, hearing entitled ‘‘Preserving Opportunities for tional Mortgage Association, and Rae Oliver, of Virginia, Grazing on Federal Land’’, 2 p.m., 2247 Rayburn. to be Inspector General, both of the Department of Committee on Science, Space, and Technology, Full Com- Housing and Urban Development, and Dino Falaschetti, mittee, hearing entitled ‘‘Urban Air Mobility—Are Fly- of Montana, to be Director, Office of Financial Research, ing Cars Ready for Take-Off?’’, 10 a.m., 2318 Rayburn. Department of the Treasury, 10 a.m., SD–538. Full Committee, markup on legislation on Improving Committee on Commerce, Science, and Transportation: July Science in Chemical Assessments Act; and S. 141, the 24, Subcommittee on Oceans, Atmosphere, Fisheries, and ‘‘Space Weather Research and Forecasting Act’’, 2 p.m., Coast Guard, to hold hearings to examine the National 2318 Rayburn. Oceanic and Atmospheric Administration’s blue economy Committee on Small Business, Subcommittee on Economic initiative, focusing on supporting commerce in American Growth, Tax, and Capital Access; and Subcommittee on oceans and Great Lakes, 10 a.m., SR–253. Agriculture, Energy, and Trade, joint hearing entitled July 24, Subcommittee on Consumer Protection, Prod- ‘‘Investing in Rural America’’, 10 a.m., 2360 Rayburn. uct Safety, Insurance, and Data Security, to hold hearings Committee on Transportation and Infrastructure, Sub- to examine strengthening and empowering United States committee on Coast Guard and Maritime Transportation, amateur athletes, focusing on moving forward with solu- hearing entitled ‘‘Update on Coast Guard Acquisition tions, 2:30 p.m., SH–216. Programs and Mission Balance and Effectiveness’’, 10 July 25, Full Committee, to hold hearings to examine a.m., 2167 Rayburn. Committee on Veterans’ Affairs, Full Committee, hearing the race to 5G, focusing on exploring spectrum needs to entitled ‘‘Assessing Whether VA is on Track to Success- maintain United States global leadership, 10 a.m., fully Implement Appeals Reform’’, 10 a.m., 334 Cannon. SR–253. Committee on Ways and Means, Subcommittee on July 25, Subcommittee on Space, Science, and Com- Human Resources, hearing entitled ‘‘The Opioid Crisis: petitiveness, to hold hearings to examine destination Implementation of the Family First Prevention Services Mars, focusing on putting American boots on the surface Act (FFPSA)’’, 10 a.m., 1100 Longworth. of the red planet, 2:15 p.m., SR–253. Subcommittee on Trade, hearing entitled ‘‘Product Ex- July 26, Full Committee, to hold hearings to examine clusion Process for Section 232 Tariffs on Steel and Alu- the nominations of Rick A. Dearborn, of Oklahoma, to minum’’, 2 p.m., 1100 Longworth. be a Director of the Amtrak Board of Directors, and Mar- tin J. Oberman, of Illinois, to be a Member of the Surface f Transportation Board, 10 a.m., SR–253. CONGRESSIONAL PROGRAM AHEAD Committee on Energy and Natural Resources: July 24, business meeting to consider the nominations of Teri L. Don- Week of July 24 through July 27, 2018 aldson, of Texas, to be Inspector General, Karen S. Evans, of West Virginia, to be an Assistant Secretary (Cybersecu- Senate Chamber rity, Energy Security and Emergency Response), Chris- On Tuesday, Senate will continue consideration of topher Fall, of Virginia, to be Director of the Office of Science, and Daniel Simmons, of Virginia, to be an As- H.R. 6147, Interior, Environment, Financial Serv- sistant Secretary (Energy Efficiency and Renewable En- ices, and General Government Appropriations Act. ergy), all of the Department of Energy; to be immediately During the balance of the week, Senate may con- followed by a hearing to examine factors that are impact- sider any cleared legislative and executive business. ing global oil prices, 10 a.m., SD–366. Senate Committees Committee on Finance: July 26, to hold hearings to examine the nominations of Justin George Muzinich, of (Committee meetings are open unless otherwise indicated) New York, to be Deputy Secretary, and Michael J. Committee on Agriculture, Nutrition, and Forestry: July 24, Desmond, of California, to be Chief Counsel for the Inter- to hold hearings to examine the nominations of Dan Mi- nal Revenue Service and an Assistant General Counsel, chael Berkovitz, of Maryland, to be a Commissioner of both of the Department of the Treasury, 9:30 a.m., the Commodity Futures Trading Commission, and James SD–215. E. Hubbard, of Colorado, to be Under Secretary of Agri- July 26, Subcommittee on Taxation and IRS Over- culture for Natural Resources and Environment, 10 a.m., sight, to hold hearings to examine improving tax admin- SR–328A. istration today, 10:30 a.m., SD–562.

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Committee on Foreign Relations: July 24, Subcommittee Select Committee on Intelligence: July 24, to hold closed on East Asia, the Pacific, and International Cybersecurity hearings to examine certain intelligence matters, 2:30 Policy, to hold hearings to examine the China challenge, p.m., SH–219. focusing on economic coercion as statecraft, 2:30 p.m., July 25, Full Committee, to hold hearings to examine SD–419. the nominations of Joseph Maguire, of Florida, to be Di- July 25, Full Committee, to hold hearings to examine rector of the National Counterterrorism Center, Office of American diplomacy to advance our national security the Director of National Intelligence, and Ellen E. strategy, 2:30 p.m., SD–419. McCarthy, of Virginia, to be an Assistant Secretary of July 26, Full Committee, business meeting to consider State (Intelligence and Research), 9:30 a.m., SH–216. S. 1023, to reauthorize the Tropical Forest Conservation July 26, Full Committee, to receive a closed briefing Act of 1998 through fiscal year 2021, S. 1580, to en- regarding certain intelligence matters, 2 p.m., SH–219. hance the transparency, improve the coordination, and intensify the impact of assistance to support access to pri- House Committees mary and secondary education for displaced children and Committee on Agriculture, July 25, Full Committee, hear- persons, including women and girls, S. Res. 501, recog- ing entitled ‘‘Examining the Upcoming Agenda for the nizing threats to freedom of the press and expression Commodity Futures Trading Commission’’, 10 a.m., around the world and reaffirming freedom of the press as 1300 Longworth. a priority in efforts of the Government of the United Committee on Appropriations, July 25, Full Committee, States to promote democracy and good governance, S. markup on FY 2019 Homeland Security Appropriations Res. 541, expressing the sense of the Senate that any Bill; and the Revised Report on the Suballocation of United States-Saudi Arabia civilian nuclear cooperation Budget Allocations for FY 2019, 10 a.m., 2118 Rayburn. agreement must prohibit the Kingdom of Saudi Arabia Committee on Energy and Commerce, July 25, Sub- from enriching uranium or separating plutonium on its committee on Health, hearing entitled ‘‘21st Century own territory, in keeping with the strongest possible non- Cures Implementation: Updates from FDA and NIH’’, 9 proliferation ‘‘gold standard’’, S. Res. 571, condemning a.m., 2123 Rayburn. the ongoing illegal occupation of Crimea by the Russian July 25, Subcommittee on Environment, hearing enti- Federation, an original bill entitled, ‘‘Turkey Inter- tled ‘‘Background on Renewable Identification Numbers national Financial Institutions Act’’, the nomination of under the Renewable Fuel Standard’’, 9:15 a.m., 2322 Joseph Cella, of Michigan, to be Ambassador to the Re- Rayburn. public of Fiji, and to serve concurrently and without ad- July 25, Subcommittee on Communications and Tech- ditional compensation as Ambassador to the Republic of nology, hearing entitled ‘‘Oversight of the Federal Com- Kiribati, the Republic of Nauru, the Kingdom of Tonga, munications Commission’’, 1 p.m., 2123 Rayburn. and Tuvalu, Department of State, and routine lists in the July 26, Subcommittee on Health, hearing entitled Foreign Service, 10 a.m., S–116, Capitol. ‘‘MACRA and MIPS: An Update on the Merit-based In- Committee on Health, Education, Labor, and Pensions: July centive Payment System’’, 10 a.m., 2123 Rayburn. 25, business meeting to consider S. 2554, to ensure that Committee on Foreign Affairs, July 25, Subcommittee on health insurance issuers and group health plans do not Asia and the Pacific, hearing entitled ‘‘Budget Priorities prohibit pharmacy providers from providing certain infor- for South Asia’’, 2 p.m., 2172 Rayburn. mation to enrollees, H.R. 1222, to amend the Public Committee on Homeland Security, July 25, Full Com- mittee, markup on FY 2019 Homeland Security Appro- Health Service Act to coordinate Federal congenital heart priations Bill; and Revised Report on the Suballocation disease research efforts and to improve public education of Budget Allocations for FY 2019, 10 a.m., Location and awareness of congenital heart disease, S. 2465, to TBA. amend the Public Health Service Act to reauthorize a July 25, Subcommittee on Cybersecurity and Infra- sickle cell disease prevention and treatment demonstration structure Protection, hearing entitled ‘‘Assessing the State program and to provide for sickle cell disease research, of Federal Cybersecurity Risk Determination’’, 10:30 surveillance, prevention, and treatment, S. 3016, to a.m., HVC–210. amend the Public Health Service Act to improve essential Committee on House Administration, July 25, Full Com- oral health care for low-income and other underserved in- mittee, markup on Committee Resolution 115–20; and dividuals by breaking down barriers to care, and pending hearing entitled ‘‘Oversight of the Library of Congress’ nominations, 10 a.m., SD–430. Strategic Plan Part 2’’, 11:15 a.m., 1310 Longworth. July 26, Full Committee, to hold hearings to examine Committee on Natural Resources, July 25, Full Com- modernizing apprenticeships to expand opportunities, 11 mittee, hearing entitled ‘‘Management Crisis at the Puer- a.m., SD–430. to Rico Electric Power Authority and Implications for Committee on Homeland Security and Governmental Affairs: Recovery’’, 2 p.m., 1324 Longworth. July 26, Subcommittee on Regulatory Affairs and Federal Committee on Oversight and Government Reform, July 25, Management, to hold hearings to examine the challenges Subcommittee on Information Technology; and Sub- and opportunities of the proposed government reorganiza- committee on Government Operations, joint hearing enti- tion on Office of Personnel Management and General tled ‘‘GAO High Risk Focus: Cybersecurity’’, 2 p.m., Services Administration, 10 a.m., SD–342. 2154 Rayburn.

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July 25, Subcommittee on Intergovernmental Affairs, Committee on Ways and Means, July 25, Subcommittee hearing entitled ‘‘Federal Grant Management’’, 2 p.m., on Social Security, hearing entitled ‘‘Examining Changes 2247 Rayburn. to Social Security’s Disability Appeals Process’’, 10 a.m., July 26, Subcommittee on National Security; and Sub- 2020 Rayburn. committee on Government Operations, joint hearing entitled ‘‘The Federal Trade Commission’s Enforcement of Joint Meetings Operation Chokepoint-Related Businesses’’, 10 a.m., 2154 Rayburn. Joint Economic Committee: July 25, to hold hearings to Committee on Science, Space, and Technology, July 25, Full examine the innovation economy, entrepreneurship, and Committee, begin hearing entitled ‘‘James Webb Space barriers to capital access, 10 a.m., 1100, Longworth Telescope: Program Breach and its Implications’’, 10 Building. a.m., 2318 Rayburn. Joint Select Committee on Solvency of Multiemployer Pension July 26, Full Committee, continue hearing entitled Plans: July 25, to hold hearings to examine how the mul- ‘‘James Webb Space Telescope: Program Breach and its tiemployer pension system affects stakeholders, 10 a.m., Implications’’, 9 a.m., 2318 Rayburn. SD–215. Committee on Small Business, July 25, Full Committee, Commission on Security and Cooperation in Europe: July 25, hearing entitled ‘‘The Tax Law’s Impact on Main Street’’, to receive a briefing on attacks on Roma in Ukraine, 10 11 a.m., 2360 Rayburn. a.m., SVC–214. Committee on Transportation and Infrastructure, July 25, July 25, Full Committee, to hold hearings to examine Full Committee, markup on H.R. 1872, the ‘‘Reciprocal the state of play, focusing on globalized corruption, state- Access to Tibet Act of 2017’’, 10 a.m., 2141 Rayburn. run doping, and international sport, 2 p.m., SD–562.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Tuesday, July 24 10 a.m., Tuesday, July 24

Senate Chamber House Chamber Program for Tuesday: Senate will continue consider- Program for Tuesday: Consideration of H.R. 184—Pro- ation of H.R. 6147, Interior, Environment, Financial tect Medical Innovation Act (Subject to a Rule). Begin Services, and General Government Appropriations Act. consideration of H.R. 6199—Restoring Access to Medi- (Senate will recess from 12:30 p.m. until 2:15 p.m. for their cation and Modernizing Health Savings Accounts Act of respective party conferences.) 2018 (Subject to a Rule) and H.R. 6311—Increasing Ac- cess to Lower Premium Plans and Expanding Health Sav- ings Accounts Act of 2018 (Subject to a Rule). Consider- ation of measures under suspension of the Rules.

Extensions of Remarks, as inserted in this issue

HOUSE Fudge, Marcia L., Ohio, E1048 LaHood, Darin, Ill., E1042 Graves, Sam, Mo., E1041, E1041 Marchant, Kenny, Tex., E1041 Black, Diane, Tenn., E1042, E1043 Harper, Gregg, Miss., E1048 Pallone, Frank, Jr., N.J., E1047 Bonamici, Suzanne, Ore., E1049 Hill, J. French, Ark., E1049 Rogers, Harold, Ky., E1041 Bustos, Cheri, Ill., E1042 Hudson, Richard, N.C., E1043 Sensenbrenner, F. James, Jr., Wisc., E1048 Coffman, Mike, Colo., E1046 Jackson Lee, Sheila, Tex., E1042, E1043, E1045, E1046, Sessions, Pete, Tex., E1044 Curtis, John R., Utah, E1042 E1047 Shimkus, John, Ill., E1042 Davidson, Warren, Ohio, E1041 Jenkins, Evan H., W.Va., E1047 Smith, Jason, Mo., E1046 Davis, Danny K., Ill., E1049 Keating, William R., Mass., E1044, E1045, E1048 Thompson, Bennie G., Miss., E1045 Frankel, Lois, Fla., E1044 Kuster, Ann M., N.H., E1047 Thompson, Mike, Calif., E1044

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