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

Vol. 166 WASHINGTON, THURSDAY, JANUARY 9, 2020 No. 5 House of Representatives The House met at 10 a.m. and was didn’t talk about any immediate legal actions of another President, called to order by the Speaker. threats or any intelligence that would Richard Nixon, the bombing of Cam- f lead to it. bodia. They further went on to say that the There were two versions. One fol- MORNING-HOUR DEBATE legal justification was the Authoriza- lowed the Constitution, and said, no, The SPEAKER. Pursuant to the tion for Use of Military Force in the in- no, any offensive actions into hos- order of the House of January 7, 2020, vasion of Iraq, which, of course, was tilities you first have to come to Con- the Chair will now recognize Members based on phony intelligence regarding gress. The second version said, well, from lists submitted by the majority weapons of mass destruction he didn’t you can initiate them, but you have to and minority leaders for morning-hour have. So that is even more extraor- report within 48 hours, and if Congress debate. dinary if you think about that. doesn’t authorize it within 60 days, you The Chair will alternate recognition Last week, also, the President have to withdraw. That was defective between the parties, with time equally tweeted what he said was his compli- and weak and doesn’t reflect at all the allocated between the parties and each ance with war powers. He then went on congressional duties of this body. Member other than the majority and to tweet a threat of all-out war against Now, I know a lot of Members love to minority leaders and the minority Iran, and then he went further to tweet dodge the issues of war and peace—it is whip limited to 5 minutes, but in no that he would order that war crimes be the toughest vote you can make—and event shall debate continue beyond committed during an all-out war that is essentially what they did at the 11:50 a.m. against Iran. time, a wink and a nod: Well, we will That was walked back a little bit by f let the President do these things. Hey, the Secretary of Defense who said they if it works out, we will take credit; if CONGRESS NEEDS TO FIX THE would follow the law. And then Trump it doesn’t work out, oh, well, then we WAR POWERS ACT later said: I like laws. I will follow the can castigate him later. The SPEAKER. The Chair recognizes laws. So he walked back from saying So I have introduced, yet again, a bill the gentleman from Oregon (Mr. DEFA- he was going to destroy cultural that comprehensively reforms the War ZIO) for 5 minutes. threats a little bit. Powers Act to reflect the constitu- Today, on the floor of the House, we Mr. DEFAZIO. Madam Speaker, unde- tional authorities and duties of the will take up a rebuke of the President niably the worst foreign policy mistake United States Congress. It would say for those actions. Hopefully, we will go in the history of the United States of that the President cannot initiate hos- further and we will repeal the Author- America was the invasion of Iraq based tilities without first coming to Con- ization for Use of Military Force from on phonied-up intelligence that was gress. trumpeted by Dick Cheney, Scooter 2002 based on fake intelligence. We will further, hopefully, take up It would define what consultation Libby, and other characters in the legislation that was adopted as an means. It doesn’t mean a tweet to the Bush administration. amendment to the defense authoriza- Congress. It doesn’t mean sending up a But just this last week, President tion last summer, with bipartisan sup- letter. It means a meaningful consulta- Trump took us to the verge of an even port, to say that the President couldn’t tion. It establishes an executive legis- worse foreign policy mistake in the initiate hostilities against Iran with- lative consultative group. Middle East. He recklessly and impa- out first coming to Congress. It also includes, most importantly, a tiently took us to the brink of war that Congress has the authority, and only sunset clause for any authorization by would have been even worse. Congress has the authority, to declare Congress. Now, yesterday, I went to the so- war. Once we are at war, the President, I mean, a thousand years from now, called intelligence briefing. They of- as Commander in Chief, can utilize the the United States, I guess, if we don’t fered no intelligence regarding imme- Armed Forces as he sees fit. repeal the 2002 Authorization for Use of diate imminent threats to the United But the President does not have the Military Force, can attack whatever States, our troops, or allies in the re- authority. This is extraconstitutional Iraq is a thousand years from now. gion. when it isn’t an attack or an imminent That is absolutely absurd. They did certainly make a case that attack on the United States, its troops, Finally, it does give Congress the au- Soleimani was a rotten guy and he was or its citizens. thority and standing to go to the responsible for many, many deaths of So we need to do those things. courts should the President violate the Americans and others in the region, Further, we need to fix the War Pow- Constitution and the War Powers Act but that is all recited past history that ers Act. That was adopted after the il- in the future—any President.

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

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VerDate Sep 11 2014 23:52 Jan 09, 2020 Jkt 099060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A09JA7.000 H09JAPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H68 CONGRESSIONAL RECORD — HOUSE January 9, 2020 I have had problems with both Demo- Mr. Speaker, the provocateur is Iran, aged the Iranian economy and harmed cratic and Republican Presidents over not President Trump. The assassin is innocent civilians. this issue over the years: Clinton, Bos- Soleimani, not President Trump. The Yesterday, the White House had the nia; Bush, obviously in a number of destabilizing force in the region is Iran, opportunity to change course. Instead, cases; and then Obama in Libya and not the United States. we heard more of the same. other things that they did, also based Yesterday, President Trump reiter- Let me be clear: We cannot allow our on the fake intelligence in the 2002 au- ated that the United States does not country to be lied into another war. We thorization. seek to start a war with Iran. His re- have the opportunity to learn from the So let’s first vote today. That is just cent actions have sent an unambiguous mistakes of our past. a starting point in reasserting our con- signal to Iran and their proxies: Harm For nearly two decades, endless wars stitutional duties. Americans, pay a price. have claimed the lives of hundreds and f President Trump’s objectives are thousands of civilians and servicemem- IRAN IS A TERROR STATE clear: End Iran’s export of terror; end bers alike. An entire generation has its advancing regional ballistic missile only known war. Millions of refugees The SPEAKER pro tempore (Mr. capabilities; and prohibit their obtain- have been permanently displaced. CUELLAR). The Chair recognizes the ing a nuclear weapon. I remind my colleagues today that gentleman from Arkansas (Mr. HILL) Instead, President Trump encourages war is never inevitable. We reject the for 5 minutes. the Iranian people to assert their own false choice between peace and secu- Mr. HILL of Arkansas. Mr. Speaker, aspirations and form a more open and rity. as a terror state, Iran is no friend of pluralistic future for their children and the United States or our allies. For The 116th Congress is a fundamen- their children’s children. This rich, his- three decades, Iran has been a leading tally different Congress, and it is time toric land deserves to return to a time state sponsor of terrorism and an eager to advocate for a fundamentally dif- when the beautiful, intelligent Iranian empire builder. Its history of money ferent foreign policy: foreign policy people chart their own course for good, laundering, terrorism, and murder of centered in the dignity and humanity as citizens of a country eager to be U.S. soldiers is undeniable. of all people. Last week, the President, as Com- part of the family of nations. Prayers alone will not suffice. We mander in Chief, took the legal and de- f need prayers and strategy. This is our cisive action when he eliminated ter- SAY NO TO ANOTHER WAR IN THE chance. Let me be abundantly clear. rorist combatant leader Qasem MIDDLE EAST The American people do not want war. Soleimani from the battlefield. Across f The SPEAKER pro tempore. The the years in the region, this man of Chair recognizes the gentlewoman from b 1015 murder has the blood of hundreds of Massachusetts (Ms. PRESSLEY) for 5 thousands of innocents on his hands. WAR POWERS RESOLUTION DOES minutes. To refer to this combat operation as NOT LIMIT THE PRESIDENT’S Ms. PRESSLEY. Mr. Speaker, I rise an assassination or to offer moral POWER TO ACT WITHOUT CON- today in solidarity with the thousands equivalence between Soleimani and a GRESS state-sponsored terror organization of patriots who are taking to the The SPEAKER pro tempore. The with a rule-following nation actively streets of towns and cities throughout Chair recognizes the gentleman from engaged in the family of nations is our Nation later today, taking to the Kentucky (Mr. BARR) for 5 minutes. laughable. streets to stand up, to speak out, and In my view, Soleimani ranks up there to say no to yet another war in the Mr. BARR. Mr. Speaker, I rise today with the worst exporters of terror in Middle East. in strong opposition to a dangerous and the region, including the likes of Less than 48 hours ago, our Nation partisan resolution offered by my Dem- Osama bin Laden or al-Baghdadi, the was gripped by fear as we watched mis- ocrat colleagues designed to handcuff most recent demised head of ISIS. siles rain down on our servicemembers our President and limit his constitu- Over these three decades, the United and other allied forces in Iraq, an at- tional authorities as Commander in States and our allies have faced greater tack that was a direct response to this Chief to defend our Nation against Ira- and more violent Iranian or Iranian administration’s reckless and impul- nian aggression. proxy attacks orchestrated by the ter- sive decisions to assassinate a high- The resolution before us today need- ror general Soleimani against the ranking military leader in Iran. lessly politicizes our national security United States and our allies, dating as Like so many of my colleagues, I and shows that Democrats have once far back as 1983, when Iran’s proxy prayed. I prayed for all of the service- again put their partisan agenda ahead Hezbollah committed the Beirut, Leb- members and their families. I prayed of the American people simply because anon, bombing, killing 241 marines. for the innocent civilians in Iraq who they do not like President Trump. Soleimani, Iran, Hezbollah, and their once again find themselves in the Let’s be clear. President Trump’s de- thirst for violence is well documented crossfire in a battlefield of our own cisive and defensive action to elimi- and undeniable. In the face of this making. I prayed for peace. nate the Islamic Revolutionary Guard record and their very aggressive ac- But I also know perfectly well that Corps Quds Force commander, Qasem tions of the last few weeks, including the people of the Massachusetts 7th did Soleimani, is not the reason for the re- the killing of an American contractor, not send me to Washington, D.C., to cent escalation between the United targeting of U.S. forces, attacking just pray. As a woman of faith, I will States and Iran. The President ordered Saudi Arabian oil operations, dis- continue to send prayers up and to the strike because of Iran’s own esca- rupting shipping in the Persian Gulf, work for peace. But what this moment lation and aggression, for which Gen- shooting down an American drone, and demands and what this country de- eral Soleimani was largely and person- then blatantly and aggressively at- serves is a strategy. ally responsible. tacking our Embassy in Baghdad, For more than 3 years now, this ad- For over 40 years, Iran and it proxies President Trump has been quite re- ministration has been devoid of a co- have been attacking U.S. interests and strained during the course of that herent approach, instead implementing our allies, but since the flawed Iran nu- record. our Nation’s foreign policy like a game clear deal, under which the regime re- However, the killing of an American of Battleship. They have actively in- ceived billions of dollars in sanctions contractor and orchestrating that cited further conflict in the region, relief, the Islamic republic has used storming and destruction at the Amer- abandoned diplomacy, and isolated our that economic windfall to accelerate ican Embassy in Baghdad and the emi- country from even our strongest allies. its support for terrorist proxies, restart nent planning of additional threats The administration tore up the inter- its ballistic missile program—in viola- that this Congress learned the details national agreement keeping Iran from tion of U.N. resolutions—and cheat on of yesterday and attacks potentially on developing nuclear weapons. The ad- its denuclearization aims. American troops or diplomats was the ministration then engaged in a max- My colleagues have heard the quote final straw. imum pressure campaign that has rav- of the late Senator Arthur Vandenberg,

VerDate Sep 11 2014 23:52 Jan 09, 2020 Jkt 099060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JA7.001 H09JAPT1 SSpencer on DSKBBXCHB2PROD with HOUSE January 9, 2020 CONGRESSIONAL RECORD — HOUSE H69 chairman of the Senate Foreign Rela- stationed in a foreign country were of Distinction award, and in 2014, As- tions Committee that: ‘‘We must stop fired upon and defended themselves, we semblyman Manuel Perez presented her partisan politics at the water’s edge.’’ doubt that such engagement in hos- with the Woman of the Year award in Senator Vandenberg, a Republican, tilities would be covered by the con- recognition of her service to the people who worked across the aisle with Dem- sultation and reporting provisions of of California. ocrat President Truman in the early the War Powers Resolution.’’ Assistant Chief Quattlebaum is days of the Cold War was right. Of course, that is precisely the sce- known to her colleagues as a hard- This resolution is not safeguarding nario here involving the President’s de- working and selfless leader. Her com- our Constitution, but attacking our cisive strike against Soleimani in re- mitment to bettering the lives of oth- Constitution by attempting to divest a sponse to an attack on our embassy. ers is reflected in her tireless advocacy duly elected President of his Com- Thank goodness we have a Com- for those she served alongside and for mander in Chief powers, and in the mander in Chief who will not allow an- peace officers throughout the country. process, emboldening our enemies. other Benghazi on his watch. Don’t for- I have witnessed this commitment In fact, President Trump has dem- get, the Framers of the Constitution firsthand on multiple occasions, nota- onstrated enormous restraint in his specifically rejected a proposal that bly, when we worked together to more targeted action against Soleimani Congress be empowered to ‘‘make than double our Nation’s funding for making this vote entirely unnecessary. war,’’ and implied power for the Presi- mental health services for our local There was no invasion of Iran, but a dent to ‘‘repel sudden attacks.’’ law enforcement agencies just last strike against a terrorist in a country This was in recognition of the slow year. we had the legal authority to operate pace and inefficiency of legislative pro- Assistant Chief Quattlebaum’s career in under the 2002 Authorization for the ceedings under the Articles of Confed- Use of Military Force. eration. As Members of Congress, we in public service is a true testament to Mr. Speaker, you have heard many of have a special duty to jealously guard her devotion to community, country, my colleagues doubt the applicability legislative prerogatives, including the and public safety. Her unwavering dedi- of that AUMF, so for those colleagues power to declare war, and to provide a cation to the people of California is ad- who are unconvinced that that is a suf- check on the executive branch for over- mirable. ficient authority, consider the fact reach. But we also must have the hu- On behalf of California’s 36th Con- that even in the absence of explicit mility to acknowledge that Congress gressional District, I thank Assistant congressional authorization for the lacks the power to divest the President Chief Quattlebaum for her years of Soleimani strike, here is a helpful re- of his Commander in Chief powers service and thank all of our law en- minder: Article II, Section 2 of the under Article II. forcement agents who work tirelessly to uphold the safety of our commu- Constitution provides that: The Presi- f dent shall be Commander in Chief. And nities. it is true that the Constitution gives RECOGNIZING ASSISTANT CHIEF I congratulate Assistant Chief Congress the sole power to declare war LAURA QUATTLEBAUM FOR HER Quattlebaum on her retirement. We and the sole power of the purse to ei- YEARS OF SERVICE WITH THE must carry the spirit of National Law ther fund or defund military action, CALIFORNIA HIGHWAY PATROL Enforcement Appreciation Day with us but dating back to the Prize cases in The SPEAKER pro tempore. The every day by showing our gratitude for 1863, the Supreme Court has long held Chair recognizes the gentleman from our public safety officers year-round. that the President may act without California (Mr. RUIZ) for 5 minutes. CONFLICT WITH IRAN Congress to defend the Nation. Mr. RUIZ. Mr. Speaker, it is appro- Mr. RUIZ. Mr. Speaker, I rise on be- In recent years, the Justice Depart- priate that on National Law Enforce- half of Americans in my district and ment’s Office of Legal Counsel has ment Appreciation Day, I rise to recog- across the country who are anxious opined that the Constitution author- nize California Highway Patrol Assist- that the events of this past week are izes the President as Commander in ant Division Chief Laura Quattlebaum sending us down a path to war with Chief to order military action without for her years with the California High- Iran. way Patrol and congratulate her on her congressional permission if the Presi- Over the past week, I have been dent determines that the action would retirement. Assistant Chief Quattlebaum is a thinking most about our servicemem- be anticipatory self-defense or other- bers and their families, the people wise serves the interest of the United shining example of the selflessness and courage our Nation’s law enforcement whose lives will be immediately and ir- States, at least where the nature, reversibly affected by the decision to scope, and duration of the anticipated possesses. She is truly an amazing woman, full of passion, character, and go to war: sons, daughters, mothers, fa- hostilities are limited. thers, siblings, our neighbors and our And that was what was the case here. integrity. I am humbled to have Specifically, the OLC has said the worked alongside her in our commu- friends, who will put at risk their lives; President’s inherent constitutional au- nity, and I am honored to call her my families worried about their loved ones thority as Commander in Chief, his friend. put in harm’s way; servicemembers broad foreign policy powers, and his For more than 30 years, Assistant who have seen multiple deployments duty to take care that the laws be Chief Quattlebaum has served as a and are now faced with the prospect of faithfully executed, empower him to dedicated public officer for my con- being sent overseas yet again. deplore the armed forces abroad, with- stituents, as well as countless other Our veterans and their families have out a declaration of war by Congress or Californians. After graduating from the dealt with the human toll of war for other congressional authorization. CHP academy she went on to act as nearly 20 years. It is time for a new ap- The courts have generally declined to public information officer for the city proach. Americans don’t want another review the exercise of such unilateral of Indio. endless war in the Middle East. After 19 executive power. From this critical position to her years of conflict, America doesn’t need The War Powers Resolution does not current role as California Highway Pa- another war. We do not want reckless, limit the President’s power to act trol assistant chief, she has answered high-risk provocations of war that without Congress. At most, it imposes the call to defend our public safety make Americans less safe for years to a reporting and consultation require- many times. Throughout her career, come. ment that this President has complied Assistant Chief Quattlebaum has been That is why I urge President Trump with. recognized on numerous occasions for to deescalate the situation and pursue Furthermore, the War Powers Reso- her outstanding work. As lieutenant in a diplomatic path forward. In the lution applies only to the deployment the Indio area, she received the Com- meantime, I hope everyone will join me of significant bodies of military per- missioner’s Commendation for Leader- in continuing to pray for the service- sonnel and would not apply to a drone ship and Cultural Awareness and Ra- members overseas defending our Na- strike. cial Profile training. tion and for a strategic, peaceful solu- Finally, according to OLC, ‘‘ . . . if Six years later, Assemblyman Brian tion to avoid another costly war in the our Armed Forces otherwise lawfully Nestande awarded her the 2013 Women Middle East.

VerDate Sep 11 2014 23:52 Jan 09, 2020 Jkt 099060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JA7.003 H09JAPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H70 CONGRESSIONAL RECORD — HOUSE January 9, 2020 STANDING IN FIRM SUPPORT OF Whittington was the recipient of a expand, to evolve, to justify, and to PRESIDENT TRUMP ON HIS AC- Bronze Star, two Purple Hearts, the prolong our presence in a volatile and TIONS AGAINST TERRORISTS Combat Infantryman Badge, the Euro- violent region; and silence as our role The SPEAKER pro tempore. The pean Theater of Operations Campaign has become less clear and our mission Chair recognizes the gentleman from Medal with two battle stars, a Good less certain. Indiana (Mr. PENCE) for 5 minutes. Conduct medal and the Victory Medal. What we have lost in this silence is Mr. PENCE. Mr. Speaker, I rise today I give my deepest condolences to the hard to quantify—the lives that could to stand in firm support of President Whittington family and hope they find have been spared, the families we could Trump’s leadership in his decisive ac- comfort in knowing that Charles have protected, the money we could tions against evil terrorists. ‘‘Red’’ Whittington was a true Amer- have used to do good, and the credi- America and the world are safer ican hero. bility we could have saved if we had without Qasem Soleimani. Not only is CONGRATULATING SOUTH DEARBORN HIGH summoned the collective courage to America safer, it is more prosperous SCHOOL ON REIMPLEMENTING FFA AG PROGRAM tear up those permission slips. than ever before and now energy inde- Mr. PENCE. Mr. Speaker, I rise to The vote today on the War Powers pendent. congratulate South Dearborn High Resolution to restrict the current ad- The Iranian regime would be wise to School for reimplementing their FFA ministration’s actions against Iran is not further test this President’s mettle Ag program. FFA educates students on an important one. It is a necessary re- and the overwhelming capabilities of agricultural success, as well as pro- sponse to a reckless President without the greatest fighting force the world viding hands-on career training experi- a plan. But it is not enough because, has ever known: our U.S. military. ence. yesterday, this administration told us that the legal authority to launch a HONORING THE LIFE OF GENERAL PAUL KELLEY After a 30-year absence, students and strike targeting Iran 6 days ago was Mr. PENCE. Mr. Speaker, I rise today future farmers at South Dearborn will granted based on the authority that to honor the life of General P.X. again be able to gain the knowledge this body allowed to invade Iraq 18 Kelley. General Kelley was the embodi- and experience they need to succeed in years ago, using a deceased dictator to ment of the Marine Corps. His distin- the agriculture industry. justify a potential war against an en- guished record inspired me, the ma- Congratulations to South Dearborn tirely different adversary, making a rines with whom I served, and will con- FFA, and I look forward to seeing your mockery of matters of war and peace. tinue to inspire marines for genera- chapter grow. f So now, facing the threat of war with tions to come. a different yet brutal regime, this body In Vietnam, General Kelley earned PRESIDENT NEEDS TO MAKE THE must finally act to cut off any avenue the Silver Star, the Legion of Merit CASE FOR MILITARY ACTION that this President or any other Presi- with Valor, and two Bronze Stars with The SPEAKER pro tempore. The dent has to enter our people into a war Valor. Chair recognizes the gentleman from that we do not want because this isn’t As commandant, he led the Corps Massachusetts (Mr. KENNEDY) for 5 just about the actions of a current ad- during the dark days following the 1983 minutes. ministration. It is about the precedent Iran-backed bombing of the Marine Mr. KENNEDY. Mr. Speaker, young that we set from this day forward. Corps barracks in Beirut. General men and women enlisting in our mili- We must pass a War Powers Resolu- Kelley’s leadership inspired every ma- tary for the first time will enter re- tion today. We must repeal the 2001 and rine to hold true to the values of the cruitment offices across our country 2002 Authorization for Use of Military Corps. I am terribly saddened by the this year. Force. We must compel the executive passing of General Kelley, but I will be On their IDs will be birth dates that branch to come to Congress and make forever grateful of serving under his reflect the fact that they are signing the case that any military action that command. up to fight in wars that started before is required to protect American lives is Semper fi. they were born. in our best interests and justified. CONGRATULATING GATORADE INDIANA FOOT- Nineteen years. That is how long we And we in Congress must be prepared BALL PLAYER OF THE YEAR CHARLIE SPEGAL have been in Afghanistan. Seventeen to take some tough votes because that Mr. PENCE. Mr. Speaker, I rise to years. That is how long we have been is our job. It is the very least that we congratulate an exemplary student- in Iraq. Not to mention the American owe our men and women in uniform athlete, Charlie Spegal. weapons, the American dollars, the putting their lives on the line so the Charlie was recently named the American boots, the American lives rest of us might sleep safe and free. Gatorade Indiana Football Player of that have been sent to Yemen, Syria, f the Year. He has had an outstanding Somalia, and many, many other cor- HONORING THE LIFE AND LEGACY football career, holding the all-time ners of our globe. State career record in rushing yards, OF FORMER CONGRESSMAN MI- rushing touchdowns, and career touch- b 1030 CHAEL FITZPATRICK downs. We are a generation that has spent The SPEAKER pro tempore. The Finishing with 10,867 career rushing the better part of its life at war in a Chair recognizes the gentleman from yards and 175 touchdowns, he did this country in the Middle East, perpetual Pennsylvania (Mr. THOMPSON) for 5 while maintaining above a 3.5 GPA. wars fought under the cover of two per- minutes. Charlie has been a role model for stu- mission slips that this body gave the Mr. THOMPSON of Pennsylvania. dent athletes everywhere. executive branch nearly 20 years ago. Mr. Speaker, I rise today to remember I congratulate Charlie on his wonder- In 2001, Congress authorized our of- and honor my friend and former col- ful career throughout high school and fensive against al-Qaida and the league, Michael Fitzpatrick. Former wish him the best of luck in college. Taliban in the wake of 9/11 in what be- Congressman Mike Fitzpatrick passed REMEMBERING THE LIFE OF AMERICAN HERO came the largest armed conflict in away on January 6 after a 12-year bat- CHARLES ‘‘RED’’ WHITTINGTON American history. In 2002, Congress au- tle with cancer. Mr. PENCE. Mr. Speaker I rise today thorized the invasion of Iraq, and it be- He served as chairman of the House to remember the life of American Hero came the greatest foreign policy mis- Committee on Financial Services’ Task Charles ‘‘Red’’ Whittington. take of a generation. Force to Investigate Terrorism Financ- Red served in France during World And our response has been silence, si- ing. Over a 2-year period, the task force War II as a member of the 377th Infan- lence from this collective body; silence investigated the financial mechanisms try Regiment and the 95th Infantry Di- as we have sent hundreds of thousands used to fund terrorist activities. vision. of American men and women to Af- Mike was a leading voice in Congress His regiment was given the nickname ghanistan and tens of thousands more on medical device safety, pressing the ‘‘Iron Men of Metz’’ for their fierce lib- to Iraq; silence as three administra- FDA after dangerous medical devices eration in defense of the town of Metz tions, Democratic and Republican, remained in use after causing serious from German counterattacks. have used these two authorizations to injury and death. He was an Eagle

VerDate Sep 11 2014 23:52 Jan 09, 2020 Jkt 099060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JA7.005 H09JAPT1 SSpencer on DSKBBXCHB2PROD with HOUSE January 9, 2020 CONGRESSIONAL RECORD — HOUSE H71 Scout from the Bucks County Council Mike was described by a friend as a were damaged. As of last night, more and former president of that council classic Bucks County Irishman and a than 5,200 Puerto Ricans were sleeping and was honored with the Silver Bea- man whose family always came first. on the street, afraid their homes could ver Award for his service to scouting. Congressman BRIAN FITZPATRICK and collapse on them. Mike retired in 2017 and was consist- the entire Fitzpatrick family appre- For the people of Puerto Rico, this ently ranked among the most bipar- ciate our prayers. Mike is survived by, natural disaster evokes dark memories tisan Members of Congress. in addition to his brother BRIAN, his six seared in our minds of how this admin- I lift my prayers for Mike’s wife, other brothers and sisters; his parents, istration and the Federal Government Kathleen; their six children; his broth- James and Mary; a grandson; a grand- failed, turning a natural disaster into a er, Congressman BRIAN FITZPATRICK; daughter; his wife of 31 years, Kath- humanitarian crisis. and the Fitzpatrick family during this leen; and their six children. In 2017, because of this administra- difficult time. I thank you for your work to make tion’s incompetence and indifference, Mr. Speaker, it is also appropriate to Pennsylvania and our country a better the Puerto Rican people suffered im- celebrate the tremendous accomplish- place, Congressman Fitzpatrick. mensely. They endured the longest ments and difference Congressman Mr. THOMPSON of Pennsylvania. blackout in American history, and 3,000 Mike Fitzpatrick made in a relatively Mr. Speaker, I yield to the gentleman of our fellow citizens lost their lives. short life. from Pennsylvania (Mr. JOYCE). We cannot afford to repeat those mis- Mr. JOYCE of Pennsylvania. Mr. Well done, my friend. Rest in God’s takes. Speaker, I rise today to honor the life loving arms. Sadly, today, this administration’s and the legacy of former Pennsylvania Mr. Speaker, I yield to the gentleman disdain for the people of Puerto Rico from Pennsylvania (Mr. PERRY). Congressman Mike Fitzpatrick. Mike was a dedicated public servant remains on full display, this time in Mr. PERRY. Mr. Speaker, I thank the form of previously approved funds the gentleman from Pennsylvania (Mr. who proudly represented the people of Pennsylvania’s Eighth Congressional that it is withholding. In response to THOMPSON) for yielding. Hurricanes Maria and Irma, Congress Mr. Speaker, I, too, rise to honor the District, showcasing incredible courage not only in Congress but throughout passed $8.3 billion in HUD relief and life and the accomplishments of Con- mitigation funding, resources that gressman Mike Fitzpatrick. He was a his life. This week, former Congressman HUD to this day refuses to release. Let great and trusted colleague. More im- Fitzpatrick passed away after a valiant me repeat that: The Secretary of HUD portantly, he was a good friend, and he battle with metastatic melanoma. As a is violating the law, scoffing at con- was my friend. dermatologist, I have witnessed this gressional intent, and blocking the He didn’t seek the spotlight; he just disease claim many lives and devastate people of Puerto Rico from receiving sought to do the right thing. previously approved disaster funds. He was all about representing his dis- too many families. Here in Congress, it is my privilege to serve as co-chair of This comes even after another disaster trict. Representing his district put him has stricken the island. at odds, oftentimes, with popular senti- the Skin Cancer Caucus, and I remain dedicated to promoting innovative We do not know yet how bad the dev- ment around here, but Mike wasn’t astation from this earthquake will be. bothered by any of that. He was true to treatments and cures for melanoma. On behalf of the 13th District of We also do not know if there will be his convictions; he was true to his fam- Pennsylvania, I am grateful to Con- yet more earthquakes. But this is cer- ily; and he was true to his friends. gressman Mike Fitzpatrick for his tain: It is unacceptable, especially now, Guys like Mike Fitzpatrick who longstanding service to our Common- for Secretary Carson and HUD to stand come here, serve, and stay focused on wealth and to our entire Nation. in the way of Puerto Rico’s receiving what is important and stay true are As we honor him today, I extend my previously allocated assistance. It is hard to find and even harder to replace. sincere sympathies to the entire also illegal. We wish God’s blessing on Mike Fitzpatrick family, including my Mr. Speaker, these are our fellow Fitzpatrick and his entire family. We friend, Congressman BRIAN citizens. They deserve our compassion pray the Lord will fill the intolerable FITZPATRICK, upon the loss of a great and our assistance. When wildfires or emptiness of his passing. leader from Pennsylvania and a great earthquakes hit California or hurri- I would just like to say: We miss you, leader in our Nation. canes strike Texas, Americans stand Mike Fitzpatrick, and Godspeed. f together and assist one another. They Mr. THOMPSON of Pennsylvania. give each other the helping hand that Mr. Speaker, I yield to the gentleman RELEASE FUNDS FOR PUERTO they deserve. But when it comes to from Pennsylvania (Mr. MEUSER). RICO Puerto Rico, this administration in- Mr. MEUSER. Mr. Speaker, I as well The SPEAKER pro tempore. The stead chooses to stand in the way, to rise today to pay tribute to our friend, Chair recognizes the gentlewoman from block necessary aid, and to put lives at the Honorable Michael G. Fitzpatrick, New York (Ms. VELA´ ZQUEZ) for 5 min- risk. a longtime Republican who served as a utes. Mr. Speaker, if these funds are not Bucks County, Pennsylvania, commis- Ms. VELA´ ZQUEZ. Mr. Speaker, on released and if Puerto Rican people sioner and served as a Member of the Tuesday morning, southwest Puerto perish in the aftermath of this earth- United States House of Representa- Rico was struck by a 6.4 magnitude quake, then I have to say that it will tives, who, sadly, passed away Monday, earthquake. be the U.S. Federal Government that is January 6. That seismic event followed hundreds responsible. Mike was the oldest son of eight chil- of smaller quakes that had rattled the We cannot afford further delay. HUD dren, born on June 28, 1963, in Philadel- region since December 28. However, must release these funds immediately, phia, Pennsylvania. He grew up and re- Tuesday’s quake inflicted enormous and FEMA must get to work, helping sided in Bucks County. Mike was an damage, causing a school to collapse, Puerto Rico recover from the latest ca- Eagle Scout, an Eagles fan, and a grad- killing at least one person, and leaving tastrophe. uate of Dickinson Law School. almost the entire island without Those who knew Mike said the same power. f thing: He worked hard every day to Indeed, today, Puerto Rico’s largest make his constituents’ lives better. power generation facility, Costa Sur, First elected to Congress in 2004, he remains offline as we speak. That RECOGNIZING ALLEN BEERMANN’S served four terms and then stepped power plant is responsible for 40 per- RETIREMENT down, honoring his self-imposed pledge cent of electricity generation on the is- The SPEAKER pro tempore. The to term limits. Mike’s brother, BRIAN land. Even as of last night, more than Chair recognizes the gentleman from FITZPATRICK, succeeded his older broth- two-thirds of Puerto Ricans had no Nebraska (Mr. SMITH) for 5 minutes. er and continues to serve their home electricity. Mr. SMITH of Nebraska. Mr. Speak- district honorably. BRIAN is a great Mr. Speaker, 250,000 Puerto Ricans er, I rise today to recognize Mr. Allen Member and a friend to us all. were without water. Hundreds of homes Beermann, who is retiring from his

VerDate Sep 11 2014 04:29 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JA7.006 H09JAPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H72 CONGRESSIONAL RECORD — HOUSE January 9, 2020 longtime position as the executive di- especially when I would become a sylvania delegation in expressing my rector of the Nebraska Press Associa- Member of Congress and he imme- condolences to Kathleen and his six tion after having been Nebraska’s sec- diately reached out to me and helped in kids, whom he talked about and whom retary of state for 24 years. any way he could. we got to know as well. Through his 48 years of public serv- As colleagues, we worked well to- Being from Nebraska, again, I am a ice, Allen has been an example of dig- gether on a whole host of issues. Our long way from Bucks County, but nity and a source of inspiration to districts shared the entire Philadel- learned a great deal about the gentle- countless Nebraskans. Allen is well phia-Bucks County border and then man’s home and, of course, the deep known across Nebraska and even much of the Montgomery County- character and the place that formed around the world for his commitment Bucks border as well. this wonderful public servant, Mike to his work and his affinity for meeting When I think of Mike, though, it is Fitzpatrick. new people. not so much the water safety issues Mr. BRENDAN F. BOYLE of Pennsyl- and PFOS that we worked on or trans- vania. Mr. Speaker, I yield to the gen- b 1045 portation or so many issues that affect tleman from Pennsylvania (Mr. As a Nebraska Secretary of State, he northeast Philadelphia, Bucks County- EVANS). worked tirelessly to protect the integ- Montgomery County. What really Mr. EVANS. Mr. Speaker, I, too, as rity of our elections. He brought this strikes me is just what a nice and de- all of my colleagues, not just Penn- commitment to integrity with him cent person Mike was and his basic sylvanians, but all the others, stand up into his next role as executive director human decency. You see those same to speak about a young man, because of the Nebraska Press Association as traits in his brother, now our col- he was a young man, Congressman Mi- well. league, BRIAN. chael Fitzpatrick. He has traveled to many countries So, Mr. Speaker, I am deep in mourn- Mr. Speaker, I rise today to remem- and met with people from all walks of ing today for Mike, his wife, Kathleen, ber him not as just a departed col- life, establishing relationships with ev- his six children, Mike’s parents, includ- league from the great Commonwealth eryone he meets along the way. Allen ing his father, whom I had the oppor- of Pennsylvania, but he was also a good likes to say his career took him to ‘‘48 tunity to spend time with and meet person. He was someone whom I knew countries in 48 years,’’ and I am sure he this summer. My heart breaks for the from the fact that, when I was in the has no shortage of stories from these Fitzpatrick family, but I hope that State legislature and he was a Con- trips. they can take solace in the fact that gressman, that although I was not in I have known Allen for many years, Mike left his mark on this institution. his congressional district, I knew him and I can say, in addition to his hard Mr. Speaker, to also speak about the very much as a person. I knew his lead- work, Allen has always been a great life of Mike Fitzpatrick, I yield to the ership; I knew what he provided; and I person to be around. Allen is always gentleman from Nebraska (Mr. FOR- knew his friendliness. one to lighten a conversation with his TENBERRY), my friend and colleague. He, both, was a principled conserv- quick wit and positive attitude, and his Mr. FORTENBERRY. Mr. Speaker, I ative and comfortable working with many friends around the world are a thank Congressman BOYLE. people on both sides of the aisle. That testament to his character. He has Frankly, it is my honor and privilege is how he got things done, including even been known to poke fun at him- to join the Pennsylvania delegation as the creation of the Washington Cross- self a little bit, stating, recently, that they honor their friend and mine, Con- ing National Cemetery. the Nebraska Historical Society has gressman Mike Fitzpatrick. He also led the effort to better secure recognized him as the ‘‘official State Mr. Speaker, Congressman BOYLE passenger planes from terrorism, a artifact.’’ would appreciate this. I had never cause inspired by September 11 fami- Mr. Speaker, please join me in hon- heard of Bucks County until I came to lies from Bucks County. oring Mr. Allen Beermann’s commend- Congress, but I learned of it quickly be- Bucks County was very close to the able public service, and wish him good cause of a young Congressman named congressional district in the legislative luck in his retirement. Mike Fitzpatrick, who consistently district I represented. Limekiln Pike is f talked about his home, his relationship something that led up directly to with the people whom he served, whom Bucks County. So Mike was not a A TRIBUTE TO MICHAEL he loved, whom he was devoted to. stranger to the issues in the southeast FITZPATRICK The gentleman gave some beautiful, part of Pennsylvania, as well as the The SPEAKER pro tempore. The generous comments about the nature city of Philadelphia, as well as the Chair recognizes the gentleman from of his character: He was devoted to his Commonwealth of Pennsylvania. Pennsylvania (Mr. BRENDAN F. BOYLE) family; he was a man of high principle; My fellow Democrats from this dis- for 5 minutes. he was personable. I think it is impor- trict all remember him as a true pa- Mr. BRENDAN F. BOYLE of Pennsyl- tant to point out as well: The gen- triot, a father to Bucks County, a man vania. Mr. Speaker, I speak from the tleman is a Democrat; he was a Repub- of grace and honor who looked past heart about someone who was not just lican; I am a Republican. And here we politics in the community. a colleague but a good friend. We heard are, talking about things that actually There is a quote from my departed some of my Republican colleagues, also unite us because of the character of colleague, and this is what he said: from Pennsylvania, speaking about people, good Americans like Mike ‘‘Some legislators look back at how Mike Fitzpatrick earlier. Fitzpatrick, who looked for a way to be many bills they passed. I measure my I had the privilege to say that I was in authentic dialogue—while standing time by how many people I helped.’’ Mike’s constituent for a few years. on his principles. He was a fighter, as That was a quote that Mike has stat- Under the old, old lines in Pennsyl- well, but looked for a way to be in au- ed, and I think it is important if all of vania, he represented a portion of thentic dialogue, even with people he us remember this. So, in that spirit, we Philadelphia in the far northeast, might have a disagreement with. from Pennsylvania stand with that where I reside. He and I became friends He was my friend. I remember in that spirit of Michael Fitzpatrick. It is safe when I was a State representative and corner back there, we had a very inti- to say he helped a lot of people. he was my Congressman. mate conversation one day of how he Mr. Speaker, to BRIAN and his family, We quickly realized we had so much was facing a true dilemma because please know that you are in our pray- in common: similar sort of families, there was a vote that was about to be ers and our thoughts. We don’t take both born in Philadelphia, both proud taken, for which he said, ‘‘This may that lightly. We understand it. I say to Irish American families, both went to cost me my election.’’ He took that you that I am honored to be a part of Catholic high school—Mike went to vote anyway, and it did cost him the the delegation of people who are stand- Bishop Egan, now Conwell-Egan; I went election, but then he came back and ing here today to add my voice to the to Cardinal Dougherty. So it was not joined us again. importance of what Michael exactly difficult for the two of us to Mr. Speaker, let me join with Con- Fitzpatrick meant to this body and to get along and to work so well together, gressman BOYLE and the entire Penn- this country, and I thank him.

VerDate Sep 11 2014 23:52 Jan 09, 2020 Jkt 099060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JA7.008 H09JAPT1 SSpencer on DSKBBXCHB2PROD with HOUSE January 9, 2020 CONGRESSIONAL RECORD — HOUSE H73 IN MEMORY OF MICHAEL wick, Georgia, for all of their work cation be as accessible as possible for FITZPATRICK throughout the First Congressional deserving students. A testament to her The SPEAKER pro tempore. The District of Georgia. work, the executive board room at the Chair recognizes the gentleman from Operating in coastal Georgia for the college is named in her honor, and she Alabama (Mr. ADERHOLT) for 5 minutes. last 38 years, the International Sea- won the Susan B. Harris Award from Mr. ADERHOLT. Mr. Speaker, I want farers’ Center strives to provide spir- the Alumni Association in 2008. to, as well, today, pay tribute to Mi- itual, emotional, physical, and mate- Similar to her generosity with the chael Gerard Fitzpatrick, who, as has rial support to mariners passing college, those who knew her remember been mentioned, served in this House, through our area. Currently, the Port that Ms. Wofford Frazier was always representing Pennsylvania’s Fifth Con- of Brunswick, alone, receives 16,000 sea- the first person to offer help to some- gressional District. farers annually who have very little ac- one in need. It was a privilege to serve with Mike, cess to the conveniences of home while My thoughts and prayers will be with and, from the first time that I met they are at sea. Ms. Wofford Frazier’s family during Mike here in Washington in the House, The International Seafarers’ Center this most difficult time. I knew he was a man of character and is guided by its Christian faith, and f with their two hospitality centers, a man of principle. RECESS Mr. Speaker, I think you have heard they have done an exceptional job of The SPEAKER pro tempore. Pursu- from the words that were spoken this serving those mariners from all walks ant to clause 12(a) of rule I, the Chair morning before I spoke that, indeed, of life, different religions, countless declares the House in recess until noon was the reputation that he had here in languages, and diverse races. One of the most notable examples of today. Washington, D.C., as I am sure he had Accordingly (at 11 o’clock and 1 back in the State of Pennsylvania. their work includes their effort to pro- vide clothing and food to 20 crew mem- minute a.m.), the House stood in re- Today, as we pay tribute to Michael cess. and his life, I am reminded, with just bers of the Golden Ray cargo ship that the passing of my own mother-in-law had capsized off the coast of St. Si- f at 5 o’clock this morning, Shirley mon’s Island in September of 2019. b 1200 I cannot thank everyone involved McDonald from Huntsville, Alabama, with the International Seafarers’ Cen- AFTER RECESS who was struggling from Parkinson’s ter enough for making the First Con- disease, of just how short life is. Lit- The recess having expired, the House gressional District of Georgia such a erally, I am reminded of the shortness was called to order by the Speaker pro welcoming place for seafarers to pass of time and the greatness of eternity. tempore (Ms. PINGREE) at noon. through during their time at sea. But my mother-in-law, Shirley, and f Keep up the good work. Michael knew that there is a life be- PRAYER yond this one and that, because of b 1100 The Chaplain, the Reverend Patrick Christ, we can have hope to enter an HONORING THE SERVICE OF BETTY GILLIS J. Conroy, offered the following prayer: eternal life. Mr. CARTER of Georgia. Mr. Speak- Loving God, Lord of us all, we give f er, I rise today to recognize Ms. Betty You thanks for giving us another day. Gillis, who is retiring after 41 years IN REMEMBRANCE OF GREG KIRK You, O Lord, are the source of life serving as supervisor of Ware County’s and love. You hear the prayer of Con- The SPEAKER pro tempore. The Board of Elections and Registration. gress, both for the good of this Nation Chair recognizes the gentleman from Throughout the past 4 decades, Ms. and for the good of humanity around Georgia (Mr. CARTER) for 5 minutes. Gillis has done an exceptional job in the world. Help this Congress and the Mr. CARTER of Georgia. Mr. Speak- the First Congressional District, ensur- President to discern your will in our er, I rise today to remember the life of ing that Ware County’s elections are day. Georgia State Senator Greg Kirk, who both robust and fair. May short-term gains, self-interest, passed away on December 22 at the age Looking back on her time, she re- or partisan advantage never prove to of 56 after a battle with cancer. members that she has enjoyed every be an obstacle to true vision. Rather, A former pastor, Senator Kirk was minute of it, and she has come to think Lord, grant to each member depth of first elected to the State senate in 2014. of her colleagues as extended family. perception, clear analysis, and creative Representing Americus in southwest In her retirement, Ms. Gillis is plan- response to the needs of our time. Georgia, he spent his 6 years in the ning to spend more time with her fam- Today we especially remember our State senate working hard for rural ily. However, it will simply be impos- fellow citizens in Puerto Rico as they Georgians: spurring job creation, pro- sible to replace a public servant as recover from yet another natural dis- tecting life, and always putting God dedicated and excited about her role as aster. Bless them, and especially those first. Ms. Gillis. who labor, sometimes dangerously, to His colleagues in the State senate re- Thank you for your service to the help in the long return to normalcy on member him as an exceptional public First Congressional District of Geor- that beleaguered island. servant who was always a champion for gia, Ms. Gillis. Congratulations on a re- In these days give wisdom to all doing what is right, making him one of tirement well-deserved. Members. And may all that is done be the State’s most fervent and gracious HONORING THE LIFE AND LEGACY OF CLAIR for Your greater honor and glory. leaders. WOFFORD FRAZIER Amen. One of his most important pieces of Mr. CARTER of Georgia. Mr. Speak- f legislation included a bill that would er, I rise today to remember the life of legally protect people who broke into a Ms. Clair Wofford Frazier, who passed THE JOURNAL vehicle to help rescue a child that had away on December 23, 2019, at the age The SPEAKER pro tempore. The been left unattended in hot weather. of 58, after a battle with cancer. Chair has examined the Journal of the His presence, leadership, and passion Ms. Wofford Frazier dedicated her last day’s proceedings and announces for service will be dearly missed in the life to serving her alma mater, Young to the House her approval thereof. Georgia State senate. Senator Kirk’s Harris College. A member of the Board Pursuant to clause 1, rule I, the Jour- family and friends will be in my of Trustees for over a decade, she nal stands approved. thoughts and prayers during this most served on a number of different com- Mr. TAKANO. Madam Speaker, pur- difficult time. mittees that impacted daily campus suant to clause 1, rule I, I demand a IN RECOGNITION OF INTERNATIONAL SEAFARERS’ life, including committees on academic vote on agreeing to the Speaker’s ap- CENTER affairs, development, and student af- proval of the Journal. Mr. CARTER of Georgia. Mr. Speak- fairs. The SPEAKER pro tempore. The er, I rise today to recognize the Inter- She also created the Wofford-Frazier question is on the Speaker’s approval national Seafarers’ Center in Bruns- scholarship to help a Young Harris edu- of the Journal.

VerDate Sep 11 2014 23:52 Jan 09, 2020 Jkt 099060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JA7.010 H09JAPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H74 CONGRESSIONAL RECORD — HOUSE January 9, 2020 The question was taken; and the The SPEAKER pro tempore. The gen- TAKE ACTION ON PFAS Speaker pro tempore announced that tleman will state his parliamentary in- (Mrs. WATSON COLEMAN asked and the ayes appeared to have it. quiry. was given permission to address the Mr. TAKANO. Madam Speaker, I ob- Mr. GRIFFITH. Is H. Res. 755 cur- House for 1 minute.) ject to the vote on the ground that a rently within the bosom of the U.S. Mrs. WATSON COLEMAN. Madam quorum is not present and make the House? Speaker, I come to the well of the point of order that a quorum is not The SPEAKER pro tempore. The gen- House today to call on my colleagues present. tleman is inquiring about the status of to support the PFAS Action Act. This The SPEAKER pro tempore. Pursu- a measure not currently pending on the bill, like so many that have come to ant to clause 8, rule XX, further pro- House floor. the floor under Democratic leadership, ceedings on this question will be post- Mr. GRIFFITH. I thank the Speaker. is about taking action for the people; poned. Additional parliamentary inquiry. in this case, ensuring access to clean The point of no quorum is considered The SPEAKER pro tempore. The gen- and safe water. withdrawn. tleman will state his parliamentary in- PFAS, so-called forever chemicals quiry. f that have leached into water supplies Mr. GRIFFITH. Since 21 calendar for decades, are hazardous to human PLEDGE OF ALLEGIANCE days, 12 working days, and seven legis- health. Their presence is linked with The SPEAKER pro tempore. Will the lative days have gone by since H. Res. reduced kidney function, reduced im- gentlewoman from California (Ms. 755 passed the House and the Speaker mune system function, and increased BROWNLEY) come forward and lead the of the House has not been physically risk for diseases like diabetes and can- House in the Pledge of Allegiance. able to deliver H. Res. 755 to the United cer. Ms. BROWNLEY of California led the States Senate, does clause 8(b)(3)(C) of These chemicals are in our water be- Pledge of Allegiance as follows: rule I of the House rules automatically cause of corporate negligence, and like I pledge allegiance to the Flag of the cause a vacancy in the Office of the in many other cases, our working fami- United States of America, and to the Repub- Speaker, or what action does the House lies trying to make ends meet are hit lic for which it stands, one nation under God, need to take since the Speaker has not the hardest. That is why it is critical indivisible, with liberty and justice for all. been able to physically do an essential that Congress step up and take action, f part of her administrative duties as the and that is why this legislation is so PARLIAMENTARY INQUIRIES Speaker of the House? important and what it is about. The SPEAKER pro tempore. The gen- Madam Speaker, I urge my col- Mr. GRIFFITH. Madam Speaker, I tleman has stated the form of clause leagues to stand up for the people and rise for a parliamentary inquiry or a 8(b)(3) of rule I. However, the gen- vote for the PFAS Action Act. series thereof. tleman is not stating a parliamentary f The SPEAKER pro tempore. The gen- question within the purview of the tleman will state his parliamentary in- Chair at this point. The gentleman is FORT JACKSON EXPANSION quiry. free to consult the rule and its accom- (Mr. WILSON of South Carolina Mr. GRIFFITH. Madam Speaker, am panying legislative history for further asked and was given permission to ad- I correct that H. Res. 755 was passed by clarification. dress the House for 1 minute and to re- vote of the House on December 18, 2019? Mr. GRIFFITH. I thank the Chair. vise and extend his remarks.) The SPEAKER pro tempore. The Additional parliamentary inquiry. Mr. WILSON of South Carolina. Chair will not verify the status of a The SPEAKER pro tempore. The gen- Madam Speaker, I am grateful for the measure not currently pending. tleman will state his parliamentary in- addition of the Civil Affairs and Psy- Mr. GRIFFITH. A measure not cur- quiry. chological Operations Advanced Indi- rently pending. Mr. GRIFFITH. Reviewing its par- vidual Training courses at Fort Jack- Additional parliamentary inquiry, liamentary history, I would ask the son, South Carolina, which is one of please. Chair, is there any precedent, other the most military friendly commu- The SPEAKER pro tempore. The gen- than incapacity, of a Speaker not time- nities in America. tleman will state his parliamentary in- ly transmitting action of the House to Civil affairs and psychological oper- quiry. the United States Senate? ation soldiers bring unique skill sets. Mr. GRIFFITH. Madam Speaker, The SPEAKER pro tempore. The The relocation of Fort Jackson, where since H. Res. 755 passed on December Chair will not issue an advisory opin- over half of all soldiers attend basic 18, 2019, and the motion to reconsider ion. The Chair is prepared to entertain training, effectively organizes courses H. Res. 755 was laid on the table on one more parliamentary inquiry. in the Army Training and Doctrine that same date, December 18, 2019, is Mr. GRIFFITH. Additional par- Command environment. there any action the House of Rep- liamentary inquiry. Through job growth at Fort Jackson, resentatives can now take on H. Res. The SPEAKER pro tempore. The gen- the local economy of Columbia will 755? tleman will state his parliamentary in- benefit with nearly $5 million in initial The SPEAKER pro tempore. The quiry. establishment, and $3.5 annually. Chair does not respond to hypothetical Mr. GRIFFITH. Madam Speaker, Congratulations to Commanding questions. clause 8(b)(3)(C) says that a physical General Milford Beagle, Jr., of Fort Mr. GRIFFITH. It is not a hypo- incapacity to do the job of Speaker Jackson on this expansion. I appreciate thetical. causes or may cause a vacancy. I am his extraordinary leadership. The SPEAKER pro tempore. The asking if there is any precedent related In conclusion, God bless our troops, Chair does not respond to hypothetical to that rule that the Chair can direct and we will never forget September the questions. me to, having found none on my own? 11th, defeating terrorists overseas, in Mr. GRIFFITH. Additional par- The SPEAKER pro tempore. The the global war on terrorism with the liamentary inquiry. Chair will again respond that she will courageous leadership of President The SPEAKER pro tempore. The gen- not issue an advisory opinion. Donald Trump. tleman will state his parliamentary in- Mr. GRIFFITH. I respectfully dis- Our sympathy goes out to the family quiry. agree that it is an advisory opinion and of Nawres Hamid, an Iraqi American Mr. GRIFFITH. I am not inquiring thank the Chair for her indulgence. Muslim from California who was mur- hypothetically. I may wish to take ac- f dered by the Soleimani-financed ter- tion. Is there any action currently rorists on December 27. ANNOUNCEMENT BY THE SPEAKER available to a Member of the House in f regard to H. Res. 755? PRO TEMPORE The SPEAKER pro tempore. The The SPEAKER pro tempore. The SALUTING JACK YATES HIGH Chair does not issue advisory opinions. Chair will entertain up to 15 requests SCHOOL Mr. GRIFFITH. All right. Further for 1-minute speeches on each side of (Ms. JACKSON LEE asked and was parliamentary inquiry. the aisle. given permission to address the House

VerDate Sep 11 2014 23:59 Jan 09, 2020 Jkt 099060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JA7.013 H09JAPT1 SSpencer on DSKBBXCHB2PROD with HOUSE January 9, 2020 CONGRESSIONAL RECORD — HOUSE H75 for 1 minute and to revise and extend I thank them for their amazing work. PREVENTING WAR WITH IRAN her remarks.) We are so proud of them. (Mr. TAKANO asked and was given Ms. JACKSON LEE. Madam Speaker, f permission to address the House for 1 I rise this morning to congratulate a STOP TRUMP’S WAR WITH IRAN minute and to revise and extend his re- very significant and historic high marks.) school, Jack Yates High School. Jack (Ms. GABBARD asked and was given Mr. TAKANO. Madam Speaker, I am Yates High School was founded by the permission to address the House for 1 here to condemn the President’s hos- founding father, if you will, of the Afri- minute.) tile actions against Iran that led us to can American community in Houston, Ms. GABBARD. Madam Speaker, the brink of war. Freedmen’s Town. President Trump has committed an il- President Trump had no legal jus- He is the founder of Wheeler Avenue legal and unconstitutional act of war, tification to launch an attack against Baptist Church. He is respected at pushing our Nation headlong into a Iran. The President’s dangerous provo- Texas Southern University, and today war with Iran without any authoriza- cation was unlawful and unconstitu- they announced in a public school that tion from Congress, a war that would tional, and Congress must assert its they will implement an international be so costly and devastating, it would sole authority to declare war. His ac- baccalaureate. make our wars in Iraq and Afghanistan tions made America less safe. In the midst of the tumultuous times look like a picnic. Today, I will be voting for a War that we have, how important it is that In doing so, he has undermined our Powers Resolution to check the Presi- high school students will be engaged in national security in two critical ways: dent’s use of military action against discussions of peace, diplomacy, under- number one, Iran is no longer com- Iran. But the need for Congress to re- standing world engagement, under- plying with the Iran nuclear agreement assert its authority does not end there. standing the value of languages and and is quickly speeding forward in de- We must repeal the 2002 AUMF and pre- being diverse, recognizing the wonder- veloping their nuclear weapons capa- vent the administration from engaging ful experiment of the United States bility, putting us and the world at in an unauthorized war by restricting founded by those who fled persecution greater risk. funding from being used to wage war and indicated in the Constitution we Number two, our troops in Iraq are against Iran. have organized to create a more perfect no longer focusing on preventing a re- We must not yield to the voices of ex- union. surgence of ISIS and al-Qaida. Instead, treme hawks that see war as the only The more young people, more minori- all of their efforts are now focused on answer. We must not go to war with ties that we can get in programs like Iranian forces and Iranian-backed Shia Iran. an international baccalaureate where militias. The SPEAKER pro tempore. Mem- they will come out with that document Congress must act today to stop fur- bers are reminded to refrain from en- and be ready to perch on the leadership ther escalation of this war. Vote ‘‘yes’’ gaging in personalities toward the role is outstanding. on H. Con. Res. 83 to uphold the Con- President. To Jack Yates High School, I salute stitution which we all took an oath to f you. You are mighty. You are impor- support. Vote ‘‘yes’’ to stop Trump’s tant, and God bless you. RECOGNIZING U.S. ASTRONAUT war with Iran. CHRISTINA KOCH f The SPEAKER pro tempore. Mem- bers are reminded to refrain from en- (Mr. MURPHY of North Carolina CELEBRATING KELLY’S ANGELS asked and was given permission to ad- ON THEIR 10TH ANNIVERSARY gaging in personalities toward the President. dress the House for 1 minute and to re- (Ms. STEFANIK asked and was given vise and extend his remarks.) permission to address the House for 1 f Mr. MURPHY of North Carolina. minute and to revise and extend her re- b 1215 Madam Speaker, as a North Carolinian marks.) HIGHLIGHTING SERVICE ACADEMY and member of the Science, Space, and Ms. STEFANIK. Madam Speaker, I NOMINATION BOARD Technology Committee, I take great rise today to honor and celebrate joy today in rising to recognize United Kelly’s Angels on their 10-year anniver- (Mr. BUDD asked and was given per- States astronaut Christina Koch. sary. This charitable organization has mission to address the House for 1 Christina grew up in eastern North been serving the children of the Capital minute and to revise and extend his re- Carolina in Jacksonville and graduated Region of New York for the past dec- marks.) from the prestigious North Carolina ade. Mr. BUDD. Madam Speaker, I rise School of Science and Mathematics. After Kelly Mulholland, a local today to highlight one of the most re- She later earned her bachelor’s and teacher and mother of two from my warding responsibilities I have as a master’s degrees from N.C. State. district, tragically lost her battle with Member of Congress: the honor of On December 28, 2019, Christina set cancer in 2007 at the age of 37, her hus- nominating students to the service the record for the longest continuous band, Mark, founded Kelly’s Angels in academies. spaceflight by a female. She surpassed her honor. This past weekend, I met with my the previous record of 288 days Their mission is to provide grants for Service Academy Nomination Board achieved by fellow astronaut Peggy children in upstate New York who have for North Carolina’s 13th Congressional Whitson. She is now at 300 days and lost parents or siblings to cancer or District to begin the review process. counting. In addition, Christina par- other illnesses. Children receive fund This year’s board includes Mr. Ronald ticipated in the first all-female space grants to use for whatever the child Hope of Advance, Mr. Matt Reyes of walk on October 18 alongside fellow as- can dream up. Mooresville, Mr. Doug Lain of High tronaut Jessica Meir. The goal of these grants is to bring a Point, Mrs. Rayne Brown of Lexington, She is, without a doubt, one of the smile to a child’s face, create positive Mr. Wayne Davidson of Greensboro, most accomplished people in North new memories, and help with the heal- Mr. John Sherden of Mocksville, and Carolina’s history. Christina has made ing process. Mr. Frank Pugh of Greensboro. her country, her State, and all of east- Kelly’s Angels has worked with I am grateful that these individuals ern North Carolina proud. I wish her countless families in our local commu- sacrificed their time and effort to help luck on her continuous voyage nities over the past decade, and their review applications, interview can- amongst the stars. We look forward to work continues to have a positive im- didates, and recommend qualified indi- her safe return to Earth in February. pact on so many lives. viduals for the nominations. I look for- f On behalf of New York’s 21st Con- ward to announcing our nominees in gressional District, I want to congratu- the coming weeks. SUPPORT PROGRAMS FOR WOMEN late and thank Mark, his children, Madam Speaker, please join me in VETERANS McKenna and Connor, and the entire thanking the members of our board and (Ms. BROWNLEY of California asked Kelly’s Angels team for achieving this all the applicants who want to serve and was given permission to address milestone. our great country. the House for 1 minute.)

VerDate Sep 11 2014 23:59 Jan 09, 2020 Jkt 099060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JA7.015 H09JAPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H76 CONGRESSIONAL RECORD — HOUSE January 9, 2020 Ms. BROWNLEY of California. cutting their pills in half. Even some goal of any military action should be Madam Speaker, I rise to speak in sup- folks who have insurance go to the to make us more safe, not less safe. port of my bill, the Women Veterans counter with a prescription and leave Unfortunately, as a result of Donald TRUST Act, a bill that aims to address empty-handed because they can’t af- Trump’s impulsive decisionmaking, the the need for women-specific programs ford the copay. following negative consequences have that treat veterans with drug and alco- That is why Democrats passed H.R. 3 happened. Iran is no longer abiding by hol dependency. that will give Medicare the power to any limits on its nuclear program. The The over 2 million women veterans negotiate with drug companies, low- Iranian people who previously were who live in the United States face ering the cost of the most expensive protesting their own leadership have unique challenges that far too often drugs for all Americans and stopping now rallied behind their government. are not appropriately addressed. pharmaceutical companies from charg- The Iraqi parliament recently voted to Women veterans have higher rates of ing more for drugs that are cheaper in kick U.S. troops out of their country, post-traumatic stress that can lead to other countries. The new law would one of the goals of Iran. And we have substance abuse. Tragically, women also set limits on prescription drug had to stop counterterrorism actions veterans with substance-use disorders costs for Medicare beneficiaries while against ISIS. often have higher rates of suicide than delivering them vision, dental, and This was a lose-lose-lose decision. We their nonveteran peers. hearing care. don’t need the President to make any To address this crisis, women-specific Madam Speaker, I urge the Senate to more reckless decisions. We don’t need programs make all the difference. As take up and pass this lifesaving bill. him to tweet out flag pictures. We need the President to articulate a coherent chair of the Women’s Veterans Task f Force, I have heard how critical these Iran strategy, which he still has failed COMMENDING PRESIDENT TRUMP treatment programs are to saving to do. ON IRAN ACTIONS lives. f Madam Speaker, I urge all of my col- (Mr. ALLEN asked and was given HONORING SERGEANT FIRST leagues to cosponsor this important permission to address the House for 1 CLASS EDWARD KRAMER bill to ensure our Nation’s women vet- minute and to revise and extend his re- (Mr. WALKER asked and was given erans have the resources and programs marks.) permission to address the House for 1 they need to thrive. Mr. ALLEN. Madam Speaker, last minute and to revise and extend his re- f week, President Trump used his au- thority and took clear, decisive action marks.) Mr. WALKER. Madam Speaker, I rise SEND ARTICLES OF IMPEACHMENT to protect American lives. today to recognize and honor one of TO SENATE By eradicating Iran’s top terrorist, our fallen servicemembers in Iraq, Ser- (Mr. DUNN asked and was given per- he sent a clear message to our enemies geant First Class Edward Kramer. that the Obama days of appeasement mission to address the House for 1 Sergeant Kramer was a North Caro- are over, and America will, once again, minute and to revise and extend his re- lina National Guard soldier killed in stand up to terrorists. We cannot allow marks.) action by an IED on his last day of Mr. DUNN. Madam Speaker, I rise another Benghazi. combat operations while he was de- today to pose a simple question to my However, I am in disbelief that some ployed to Iraq, leaving a family and colleagues: Are we, as a body, subject Members of this body are finding ways young children behind. to the rules in the Constitution? The to blame President Trump for the cur- General Soleimani’s brutal reign of answer is: Of course we are. rent situation in Iran. terror was responsible for the deploy- However, Speaker PELOSI has chosen Fact one, Iran’s regime has been an ment of the IEDs that killed and to ignore the Constitution and go enemy of America since 1979. In recent wounded soldiers such as Sergeant rogue. Last month, she stood on this months, they have shot down U.S. First Class Kramer. In fact, very floor and told us how important it drones, attacked oil tankers, shot Soleimani’s reign of terror killed and is that we impeach the President im- rockets at our bases, and attacked and wounded over 600 servicemembers in mediately. Now, outrageously, she tried to take over our embassy. Taking Iraq. claims for herself new powers never out Soleimani was a long-overdue ac- We can never fully repay the families contemplated by the Constitution. tion to make the world a safer place of our fallen soldiers, but we can seek By not transferring the Articles of and protect American lives. justice. Terrorism must never prevail Impeachment to the Senate, Speaker Fact two, President Trump does not over American freedom and identity. PELOSI has claimed for herself the au- want war. Yesterday, while addressing f thority to veto any bill passed by this the Nation, President Trump made House with no possibility of override. clear there is a path forward with CONSTRAIN IRAN THROUGH This is a monstrous abuse of her posi- peace for Iran if they are willing to set DIPLOMACY tion and an outright attack on the aside their nuclear ambitions. (Ms. JUDY CHU of California asked trust of the American people. This is personal for me. My son and and was given permission to address Clearly, she knows the impeachment his family currently serve in an em- the House for 1 minute and to revise process has been a sham all along and bassy abroad in a war-torn land. I want and extend her remarks.) will fail in the Senate. I urge the to thank President Trump for pro- Ms. JUDY CHU of California. Madam Speaker to do her job and move the ar- tecting my family and our women and Speaker, America does not need or ticles to the Senate immediately. men in uniform abroad. want a war with Iran. f f There are no political objectives we can reasonably achieve through force, ACT TO LOWER PRESCRIPTION CALLING FOR COHERENT and the President must not be allowed DRUG PRICES STRATEGY ON IRAN to fabricate a pretext for a conflict (Ms. FRANKEL asked and was given (Mr. TED LIEU of California asked that will leave America, our allies, and permission to address the House for 1 and was given permission to address the whole region less safe. But that is minute and to revise and extend her re- the House for 1 minute and to revise what he has been doing since tearing marks.) and extend his remarks.) up the Iran nuclear deal and beginning Ms. FRANKEL. Madam Speaker, I Mr. TED LIEU of California. Madam a campaign of maximum pressure. am holding in my hand a pill cutter. Speaker, I rise because it is one of the Today’s War Powers Resolution re- Pharmacists tell me that it is one of highest forms of patriotism to speak asserts Congress’ authority to declare the most popular gadgets in the drug- out when a government engages in war and imposes crucial restrictions on store. reckless military action that could the President; namely, he cannot start Why? Because many prescription lead us to war. a war without demonstrating an actual drugs are so unaffordable that, at the I previously served in Active Duty in threat. This is something the adminis- expense of their health, Americans are the United States military, and the tration has failed to do, according to

VerDate Sep 11 2014 23:59 Jan 09, 2020 Jkt 099060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JA7.018 H09JAPT1 SSpencer on DSKBBXCHB2PROD with HOUSE January 9, 2020 CONGRESSIONAL RECORD — HOUSE H77 both Democrats and Republicans from b 1230 any further military actions that can yesterday’s intelligence briefing. NATIONAL LAW ENFORCEMENT lead to war will require congressional The best way to constrain the true APPRECIATION authorization. threat of Iran is through the multilat- f (Mr. LAHOOD asked and was given eral diplomacy that achieved the his- permission to address the House for 1 NO WAR WITH IRAN toric nuclear deal. With this clear con- minute and to revise and extend his re- gressional statement that Congress has (Ms. CLARKE of New York asked and marks.) not authorized a war, I urge the Presi- was given permission to address the Mr. LAHOOD. Madam Speaker, dent to immediately stop his erratic House for 1 minute and to revise and today, on National Law Enforcement extend her remarks.) and impulsive provocations and take us Appreciation Day, I rise to recognize back from the brink. Ms. CLARKE of New York. Madam the brave men and women who work to Speaker, I rise today to address what I The SPEAKER pro tempore. Mem- keep our communities safe across cen- bers are reminded to refrain from en- believe is in the best interests of the tral and west central Illinois. American people, the Iranian people, gaging in personalities toward the From Peoria to Springfield, Jackson- President. and our global community to say: No ville to Quincy, Macomb to war with Iran. Beardstown, law enforcement officers As an early opponent of the Iraq war f in Illinois’ 18th Congressional District back when I served in the New York are the hidden heroes of our State. City Council, I know we cannot afford CALLING ON SPEAKER TO DO HER Each day, Illinois police officers, depu- to make reckless, irresponsible, violent JOB ties, and State troopers leave their decisions that put the lives of our serv- families with no certainty they will re- (Mr. GRIFFITH asked and was given icewomen and -men, diplomats, and the turn home safely; yet they are willing people here and in the Middle East in permission to address the House for 1 to face these risks to keep our families, minute.) danger of death and destruction. our children, and our schools safe. We must exhaust all diplomatic Mr. GRIFFITH. Madam Speaker, I am grateful for the courageous men means and put our political differences once a resolution passes the House, it and women who button up the uniform aside to stand for peaceful resolutions goes to the Senate. Once all action is each day and thank them for pro- to human conflict before taking the ul- done, the Speaker is a mere func- tecting our families with bravery and timate step of engaging in war. tionary in transmitting the will of the pride. For close to 20 years now, our Nation House to the Senate. Madam Speaker, while we set aside has been engaged in low-grade war It has been 21 calendar days, 12 work- today to recognize law enforcement, games in the Middle East with the con- ing days, and 7 legislative days since may we remember, each and every day stant threat of putting our children, the impeachment resolution was passed throughout the year, the courage and our families, and our civil liberties at by this House. Since the resolution has sacrifice of these men and women. risk. We must oppose senseless acts of not yet been delivered to the Senate, f clause 8(b)(3)(C) of House rule I says violence that take us many steps away TERMINATION OF USE OF ARMED that a vacancy in the Office of the from our progress. FORCES TO ENGAGE IN HOS- When we look back in our history Speaker may exist if the Speaker can- TILITIES IN OR AGAINST IRAN books and tell the next generation sto- not do her job. She has not done her ries of 2020, I want us to be able to say job. (Mr. LANGEVIN asked and was given with pride that we kept the interests of America, I submit a vacancy exists in permission to address the House for 1 minute and to revise and extend his re- our Nation we loved at heart without the Office of the Speaker of the United provocation, without the death and de- States House. marks.) Mr. LANGEVIN. Madam Speaker, I struction of war. rise today in support of my colleague Madam Speaker, I stand before you f Representative SLOTKIN’s resolution re- today opposed to these efforts, and I garding war powers. support the War Powers Resolution, H. REPEAL AUMF, PROHIBIT WAR First and foremost, I am extremely Con. Res. 83. FUNDING grateful that the Iranian ballistic mis- f sile attacks on A1 Asad Air Base and (Mr. CLAY asked and was given per- FOR THE PEOPLE— Erbil resulted in zero injuries or cas- mission to address the House for 1 INFRASTRUCTURE minute and to revise and extend his re- ualties to our U.S. servicemembers or (Ms. PLASKETT asked and was given marks.) Iraqi allies. As always, I will continue to prioritize the safety of our deployed permission to address the House for 1 Mr. CLAY. Madam Speaker, I rise in minute and to revise and extend her re- strong support of Congresswoman government officials, servicemembers, and contractors. marks.) SLOTKIN’s War Powers Resolution, Ms. PLASKETT. Madam Speaker, as which I am proud to cosponsor, and Madam Speaker, let me be clear: Qasem Soleimani was a terrorist, and I I rise today to begin discussing infra- also to express my support for legisla- structure, I cannot let go the remarks tion introduced by Congresswoman hope his removal from the battlefield will, in fact, improve U.S. security in from my colleagues on the other side of BARBARA LEE and Congressman the long run. That being said, in the the aisle, their being completely ap- KHANNA to repeal the much-abused 2002 palled by the Speaker not bringing AUMF and to prohibit funding of any wake of the strike on Soleimani, let us not forget that we invest in our highly over one resolution in what they be- offensive military operations against lieve to be a timely manner, but ex- Iran. capable military to promote stability, not to undermine it. pressing no concern for the fact that President Trump’s incoherent strat- Our Founding Fathers made abun- the Senate has not taken up 400 bills egy has brought us to the brink of an- dantly clear in the Constitution that that have been passed by this House, other disastrous war in the Mideast. only Congress has the power to author- 275 that were bipartisan, from their I have seen this madness before. In ize use of military force. This resolu- own side. 2002, I stood here to oppose the use of tion that we will be voting on later But they have no concern for that. force in Iraq because I knew that tragic today is a necessary step to ensure de- They do have concern for one bill. That war was based on a lie. escalation with Iran while we await a is inappropriate, and I am very sad The Constitution is clear. Donald clear strategy from the administration about my colleagues for this. Trump needs congressional authoriza- on how the President’s actions will re- Democrats have been working hard tion to use force against Iran. duce the chances of Iran becoming a to fulfill a promise to the Nation. So I say to you all today: No more nuclear state. Americans in the Virgin Islands and in lies, no more lost lives, and no war U.S. Forces will always retain the in- Puerto Rico are feeling the brunt of with Iran. herent right to self-defense; however, aging and weakening infrastructure—

VerDate Sep 11 2014 23:59 Jan 09, 2020 Jkt 099060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JA7.019 H09JAPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H78 CONGRESSIONAL RECORD — HOUSE January 9, 2020 demonstrated by a series of recent Mr. MCGOVERN. Madam Speaker, for more U.S. troops have been deployed to major disasters—which the Democrats the purpose of debate only, I yield the the region; operations against ISIS are working hard to support. customary 30 minutes to the gen- have been suspended; the Iraqi Par- We must remain committed to re- tleman from Texas (Mr. BURGESS), liament has voted to kick American building disaster-stricken commu- pending which I yield myself such time troops out of Iraq—all because of the nities, replacing crumbling infrastruc- as I may consume. During consider- brash decision of one man: the Presi- ture, and developing and deploying the ation of this resolution, all time yield- dent of the United States. infrastructure needed to connect us ed is for the purpose of debate only. Madam Speaker, there was no ques- like never before, including through GENERAL LEAVE tion that Soleimani was a ruthless 5G. Mr. MCGOVERN. Madam Speaker, I military commander. He had Amer- We cannot allow the Senate and this ask unanimous consent that all Mem- ican, Syrian, Lebanese, Iraqi, and Yem- administration to impede our efforts to bers be given 5 legislative days to re- eni blood on his hands. But that is not make American infrastructure better, vise and extend their remarks. up for debate today, nor is the question safer, and more resilient. The SPEAKER pro tempore. Is there of whether or not killing him was a f objection to the request of the gen- good or bad idea. tleman from Massachusetts? The President of the United States COMMUNICATION FROM THE assassinated a high-level foreign mili- CLERK OF THE HOUSE There was no objection. Mr. MCGOVERN. Madam Speaker, tary commander without asking or The SPEAKER pro tempore laid be- yesterday, the Rules Committee met even notifying Congress beforehand. fore the House the following commu- and reported a rule, House Resolution Madam Speaker, with little evidence, nication from the Clerk of the House of 781, providing for consideration of H. the President claims his actions pre- Representatives: Con. Res. 83 under a closed rule. The vented an imminent threat, but the OFFICE OF THE CLERK, resolution also provides 1 hour of gen- American people have heard that one HOUSE OF REPRESENTATIVES, eral debate, controlled by the chair and before. We remember the stories about Washington, DC, January 9, 2020. weapons of mass destruction in Iraq. ranking minority member of the com- Hon. NANCY PELOSI, We remember the tens of thousands of The Speaker, House of Representatives, mittee on Foreign Affairs. Madam Speaker, the question before American soldiers who paid the price Washington, DC. for that deception. DEAR MADAM SPEAKER: Pursuant to the us today is very simple: Should Presi- Madam Speaker, is this Congress permission granted in Clause 2(h) of Rule II dent Trump be allowed to send the going to sit by and allow that to hap- of the Rules of the U.S. House of Representa- United States hurtling toward war pen in Iran, or are we going to ensure tives, the Clerk received the following mes- with Iran without prior congressional sage from the Secretary of the Senate on that this body acts before a war begins January 9, 2020, at 9:28 a.m.: approval? that could continue long after Presi- It is a question we must wrestle with That the Senate passed S. 1228. dent Trump leaves office? That the Senate passed S. 1611. following the President’s actions last That the Senate passed without amend- Now, the Constitution is clear; it is Thursday. That is when he ordered the crystal clear. Article I, Section 8 gives ment H.R. 583. lethal drone attack on Iraqi soil that With best wishes, I am Congress the power to declare war, but Sincerely, killed Iranian General Soleimani. The President Trump treated Congress as if CHERYL L. JOHNSON. outgoing Prime Minister has said the it were an afterthought in a decision f strike was carried out without Iraqi that has destabilized the region and permission or knowledge. It was done PROVIDING FOR CONSIDERATION shaken the world. without any plan for the consequences More than 4,000 of our brave men and OF H. CON. RES. 83, IRAN WAR in the region or the world. And, more women are now being sent to the Per- POWERS RESOLUTION troubling still, it was carried out with- sian Gulf, all without any input from Mr. MCGOVERN. Madam Speaker, by out any input from the people’s Rep- the people’s Chamber. direction of the Committee on Rules, I resentatives here in Congress. We represent the brave young men call up House Resolution 781 and ask Think about that. and women who are deploying to Ku- for its immediate consideration. Madam Speaker, just a month ago, wait; we represent those deploying to The Clerk read the resolution, as fol- Iran was staring down some of the Iraq; and we represent those deploying lows: most intense antigovernment protests elsewhere across the Middle East. Each H. RES. 781 in a decade. Thousands took to the of us speaks for them, and we speak for Resolved, That upon adoption of this reso- streets of Tehran to express growing their families, who are scared sick as lution it shall be in order to consider in the frustration and anger with their lead- their loved ones receive orders to de- House the concurrent resolution (H. Con. ers. ploy. Res. 83) directing the President pursuant to But what a difference a month Madam Speaker, we must summon section 5(c) of the War Powers Resolution to makes. Protestors—men, women, and terminate the use of United States Armed the courage to be their voice. Forces to engage in hostilities in or against children—have again taken to the Now, I am glad that the United Iran. All points of order against consider- streets of Tehran. Only this time, their States and Iran have taken a step back ation of the concurrent resolution are anger wasn’t directed at their own from the brink of war, but what we waived. The amendment printed in the re- leaders; it was directed at the United heard from the President yesterday port of the Committee on Rules accom- States of America—all because of the was more of the same bluster. It is panying this resolution shall be considered President’s unilateral decision. clear, even after the briefing by the ad- as adopted. The concurrent resolution, as Madam Speaker, that is what hap- ministration yesterday that many of amended, shall be considered as read. All points of order against provisions in the con- pens when monumental decisions of us attended, that he has no clue at current resolution, as amended, are waived. war and peace are made in a vacuum all—none—about what could come The previous question shall be considered as with no regard for the consequences. next. ordered on the concurrent resolution, as Things usually don’t go very well. Now, make no mistake: The world is amended, to adoption without intervening Rather than protect our national se- less safe because of Trump’s chaotic motion or demand for division of the ques- curity and stabilize the region, Presi- foreign policy. The impacts of his tion except two hours of debate equally di- dent Trump’s reckless decision to strikes are still reverberating in the re- vided and controlled by the chair and rank- strike Soleimani united Iran. It has led gion and across the world, and we can- ing minority member of the Committee on Foreign Affairs. to retaliatory strikes on two bases not sit silently by. SEC. 2. Section 7 of the War Powers Resolu- used by U.S. and coalition forces in The Constitution makes the Presi- tion (50 U.S.C. 1546) shall not apply during Iraq, and it has put our troops and dip- dent Commander in Chief, but it gives the remainder of the One Hundred Sixteenth lomats serving overseas in greater dan- only Congress the power to declare Congress to a measure respecting Iran. ger. war. The Founders knew that decisions The SPEAKER pro tempore. The gen- Now, make no mistake: This decision of this magnitude required consulta- tleman from Massachusetts is recog- has endangered all Americans every- tion between the branches of govern- nized for 1 hour. where. Hardliners are emboldened; 4,000 ment, no matter who is in the White

VerDate Sep 11 2014 23:59 Jan 09, 2020 Jkt 099060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JA7.022 H09JAPT1 SSpencer on DSKBBXCHB2PROD with HOUSE January 9, 2020 CONGRESSIONAL RECORD — HOUSE H79 House, no matter who controls the ma- mined gaps between them that would On January 2, 2020, acting on intel- jority on Capitol Hill. either deny power to a President or to ligence of imminent threat to Amer- Our Democrats don’t want war with the Congress, one at the expense of the ican interests, and in response to the Iran; most Republicans don’t want war other. persistent attack by Iranian-backed with Iran; and the American people In Federalist Number 69, Alexander entities, the United States military certainly don’t want a war with Iran. I Hamilton argued the President’s power killed General Qasem Soleimani. think that would be catastrophic. We resides only in the direction of the Soleimani was the long-time leader of should be stopping costly, endless wars, military as placed by law at his com- the Iran Revolutionary Guard Corps not creating new ones. mand. Presidents have long argued Quds Force. But whatever you believe, have the that their role as Commander in Chief, The Iran Revolutionary Guard is a courage of your conviction, have the coupled with their inherent authority U.S.-designated terrorist organization. courage to vote, and that is what the over foreign affairs, grants them the It has been supporting proxy forces underlying War Powers Resolution is power to engage the Armed Forces, throughout the Middle East and at- all about. Congress needs to authorize short of war, as they see fit. tacking United States interests and al- any additional hostilities with Iran. Since the founding of our country, lies for over a decade. Madam Speaker, these decisions the Supreme Court has ruled both that Soleimani previously operated under aren’t easy. I understand that. There is the President enjoys greater discretion strict security but, in recent years, he no more consequential vote than decid- when acting with respect to matters of has moved much more freely and open- ing whether to send men and women off foreign affairs and, that absent an au- ly, believing that the United States did to war and into harm’s way. We weigh thorization of action during wartime, not have the willpower to be able to at- that decision knowing that, despite our any action by the President was void. tack him. His atrocities include the hopes and prayers, lives are lost in Despite the struggle to maintain the deaths of hundreds of Americans and combat. separation of powers with regard to en- the attempted assassination of a Saudi gaging our Armed Forces, the motiva- b 1245 diplomat in the United States, among tion underlying the inclusion in the other things. Mothers and fathers could lose their Constitution of these powers for both President Obama’s former Secretary children. Kids could be forced to grow the President and the Congress con- of Homeland Security, Secretary Jeh up without a parent. tinues to this day: The desire to pro- Johnson, stated that General But when we were sworn in, each of tect and defend the United States, its Soleimani was a legitimate military us took an oath to defend the Constitu- persons, and its assets. target. tion, and that means wrestling with Congress passed the War Powers Res- I do want to be clear. The last thing this very tough decision when nec- olution in 1973, largely in response to that I want to see and I suspect anyone essary. The only question now is the experiences in Korea and Vietnam. in this body wants to see is our men whether we have the guts to uphold The War Powers Resolution authorizes and women committed to another con- that oath. the engagement of the forces of the flict in the Middle East. We want those Madam Speaker, with the Middle United States in hostilities when: conflicts to end, as does the President. East held captive to the whims of a There is a declaration of war; or there But, Madam Speaker, today the reckless President, and with the Com- exists a specific statutory authoriza- world is a safer place without General mander in Chief without a clue, I pray tion; or a national emergency created Soleimani. And who would want him to that we, in Congress, have that cour- by attack upon the United States, its come back? age. territories or possessions, or its Armed Despite the disagreement in how fur- On behalf of our troops, their fami- Forces. ther to engage in the Middle East, in lies, and the American people, I urge To assess the current situation, let’s the country of Iran, be it militarily or my colleagues to support this rule and examine what has led us to this point. diplomatically, the last thing we the underlying resolution. In June of 2019, Iran shot down a sur- should be doing is broadcasting our Madam Speaker, I reserve the bal- veillance aircraft that was flying over plans to the enemy. ance of my time. international waters near the Strait of By passing this War Powers Resolu- Mr. BURGESS. Madam Speaker, I Hormuz. This was an unmanned aerial tion, directing the President to remove yield myself such time as I may con- drone. United States Armed Forces from hos- sume. At the time, President Trump was tilities with Iran, a point that is, in I thank Mr. MCGOVERN for yielding advised by his military advisers to itself in contention, we are effectively me the customary 30 minutes. strike back, but the President opted telling the Iranian mullahs that it is Today, we consider H. Con. Res. 83 or, not to strike back because it would okay to push forward with their ag- technically, we are considering the rule have resulted in Iranian casualties, and gressive posturing. Rather than stating to consider H. Con. Res. 83, a resolution he felt he could not justify creation of what the President cannot do, perhaps to remove the United States Armed human casualties because of the loss of we should be authorizing what the Forces from hostilities in Iran. a machine. I agree with the President President can do. But the thing is, we are not engaged in that decision. I think his restraint Last night, in the Rules Committee, in hostilities in Iran. Once again, we was remarkable, but, certainly, exem- it became clear that both Republicans are considering a measure that will plary. and Democrats agree that the world is have no force of law. This is a non- In September of 2019, Iranian cruise a safer place without General binding concurrent resolution. missiles struck nearly 20 targets of Soleimani, and any war with Iran There was some debate in the Rules critical energy infrastructure in Saudi needs to be authorized by Congress Committee last night on whether a Arabia. This disrupted a significant seemed to be general agreement. concurrent resolution under the War portion of Saudi oil production. Democrats want to maintain the sep- Powers Resolution is, in fact, non- In December of 2019, Iranian-backed aration of powers, as do I, but the ques- binding. But in the Senate, a joint res- forces in Iraq targeted military facili- tion is, to what extent are we jeopard- olution has been introduced, making it ties where United States forces were izing our safety? likely that this House Concurrent Res- co-located. I believe Congress does need to au- olution will go no further than the ac- On December 27, an Iranian-backed thorize military action and maintain tion today. Hezbollah group, a U.S.-designated for- the separation of powers as intended by The Constitution grants Congress the eign terrorist organization, attacked a the Founders, but we don’t need to power to declare war. The Constitution base in northern Iraq, and they killed a broadcast it to the world. also designates the President as the U.S. contractor and wounded four U.S. While we may be divided on the need Commander in Chief of the Armed servicemembers. for this resolution, let us recognize the Forces. This sets up a conflict. The The United States responded, and it privilege that we enjoy each and every courts have not delineated the bound- launched a retaliatory air strike in day, being able to stand in this House aries of these authorities or deter- Iraq and Syria. and debate these issues without fear of

VerDate Sep 11 2014 23:59 Jan 09, 2020 Jkt 099060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JA7.024 H09JAPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H80 CONGRESSIONAL RECORD — HOUSE January 9, 2020 retribution of our government. Those As a Member of Congress, one of our Let’s submit something to the com- protesters in Iran did not enjoy that most sacred votes is our vote to declare mittee of jurisdiction, which is actu- freedom. They cut off the internet and war. We, therefore, have an obligation ally the Foreign Affairs Committee. eliminated those protesters. That is to study the evidence and share con- We have a deadline or a timeline laid why you don’t see them anymore. cerns about the administration’s deci- out in the War Powers Act; they could Madam Speaker, I urge opposition to sion to engage in hostilities against operate within that. Within a matter of this rule, and I reserve the balance of Iran. We have a duty to question its a few weeks we would then, in a very my time. strategy, or lack of strategy, moving bipartisan manner, bring something to Mr. MCGOVERN. Madam Speaker, I forward. the floor. yield myself such time as I may con- My expertise, Madam Speaker, is not Let’s contrast that with how this sume. foreign policy, but I know Iran. I lived particular resolution came to the floor. Let me just respond to the gentleman there. I worked there as a Peace Corps We got it about 45 minutes before the when he says that this is a concurrent volunteer many years ago. I have been Rules Committee meeting. It is written resolution here in the House and it is a student of Iranian history and poli- in the Speaker’s Office; rewritten in nonbinding and merely symbolic. Let tics for more than 3 decades. the Speaker’s Office, and it is sent me point out to him that the law There is no question about Iran’s role down here to make a political point, states clearly that this sort of resolu- in sponsoring terrorism. Soleimani not to actually do something that tion reins in the President. The War himself was responsible for the deaths would substantively restore congres- Powers Resolution requires the Presi- of hundreds of Americans and thou- sional war-making power. This is all dent to stop using American forces and sands around the world. He actively politics; that is all it is. hostilities if Congress so directs by worked to foment instability across b 1300 concurrent resolution. the Middle East on behalf of the gov- Moreover, the Constitution gives war The political aim here is for our ernment of Iran. friends to suggest that the President powers to the Congress, not to the Nevertheless, the President of the President. And if both Houses pass this either wants war with Iran or has acted United States, in his response to Iran, resolution, it is a clear statement that hastily, precipitously, and recklessly. announced that he would commit a war Congress is denying the President the Neither of those things is true. crime by targeting Iran’s extraor- authority to wage war, and that the Frankly, our latest dispute with Iran dinary cultural sites. War crimes. No President must come to Congress for begins with the decision by this admin- matter who is President of the United istration appropriately to withdraw an authorization prior to further hos- States, when he or she indicates that from the very ill-advised Iranian nu- tilities. And by the way, we are not just pur- they are prepared to commit a war clear deal, a deal, by the way, that the suing a concurrent resolution. Senator crime, then Congress better step up majority of this House and the major- and reassert its authority under the ity of the United States Senate op- KAINE of Virginia, over in the Senate, is pursuing a joint resolution; so we are Constitution. posed, but President Obama went covering all bases here because we are We must demand that the President ahead with it anyway. What has been the Iranian response deeply concerned that we may end up justify any act, and that is what this to our withdrawal? A series of provo- in a war inadvertently here, and that resolution does. That is why I support cations to which, as my good friend Mr. Congress will have no role in it. it. BURGESS pointed out, the President, by Again, I would urge the gentleman to Mr. BURGESS. Madam Speaker, let and large, has acted with remarkable read the War Powers Resolution. I have me yield myself 30 seconds for the pur- restraint. Let’s just go through some of a copy here, and the accompanying re- pose of response before I yield to Mr. COLE. those provocations. port when this resolution was signed First, it was attacks on ships in the into law. The report, with regard to And my response would be, had the gentleman from Massachusetts yielded Strait of Hormuz in the gulf. What was consultation, is crystal clear that con- the President’s response? Well, let’s or- sultation is meant prior to introducing to me for a question, my question was going to be, was he asking for unani- ganize an international flotilla to de- our forces and engaging into hos- fend these ships. He did not attack tilities, which is something the Presi- mous consent to change the concurrent resolution to a joint resolution such Iran. dent didn’t even notify us of. Next, as my good friend from Texas that it could align and harmonize with And in terms of the President’s exer- pointed out, we see strikes into Iraq the Senate activity and then, there- cising this remarkable restraint, I just itself. Particularly, we see an attack fore, maybe accomplish something. But have a very different opinion. Have you on Saudi Arabian oil refineries. What is read his Twitter account? Have you he didn’t. the President’s response? Well, let’s Madam Speaker, I yield 4 minutes to been listening to him on TV as he not attack Iran. Let’s send defensive brags about the shiny, expensive weap- the gentleman from Oklahoma (Mr. capabilities from our country there and ons we have that he would love to use? COLE), the ranking member of the protect those sites. The rhetoric, the threat to bomb cul- Rules Committee. Then, we see attacks on American tural sites, which is a war crime? I Mr. COLE. Madam Speaker, I want to forces in Iraq. What is the President’s mean, the gentleman may be totally at thank my good friend, Dr. BURGESS, for response? As my friend pointed out, ease with all of that, but I am not; and yielding. let’s go after the Shia militias. Let’s most of the American people are scared I rise, Madam Speaker, in reluctant not attack Iran. as hell of this President’s rhetoric opposition, quite frankly, to both the Finally, after that, when the Presi- when it comes to a potential war with rule and the underlying legislation. dent responds, we see another attack. Iran. As my good friend, Chairman MCGOV- In that attack, as my friend pointed All we are saying here is that we ERN knows, we have actually worked out, an American contractor died, and ought to stand up for this institution, together to try and expand and reclaim four American servicemembers were and stand with the Constitution, and war-making authority for the Congress wounded. Again, the President re- make it very clear that if the President of the United States, and I would offer sponds by attacking Shia militia. wants to go to war in Iran, that he and continue to work with him in that Then, the next response, our embassy needs to come to Congress to get that partnership. I think that is something is assaulted. Thank goodness, no loss of declaration, to get that authorization. that needs to be continued. life, but I think the President had had Madam Speaker, I yield 2 minutes to I also think we have no difference enough. the gentlewoman from Florida (Ms. that if we were to engage in a war with By the way, just after that assault SHALALA), a member of the Rules Com- Iraq, it would require congressional au- happens, who magically shows up in mittee. thorization. And frankly, last night, in violation of a U.N. resolution in Iraq? Ms. SHALALA. Madam Speaker, I the Rules Committee, I offered a proc- Our good friend General Soleimani, a rise in strong support of the War Pow- ess whereby we could work together in designated terrorist for 13 years, a per- ers Resolution to limit the President’s a bipartisan fashion; that is, let’s just son who has killed hundreds of Ameri- military actions regarding Iran. follow the War Powers Resolution. cans, wounded thousands more, not to

VerDate Sep 11 2014 00:06 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JA7.026 H09JAPT1 SSpencer on DSKBBXCHB2PROD with HOUSE January 9, 2020 CONGRESSIONAL RECORD — HOUSE H81 mention the tens of thousands across By late Thursday, the president had gone Other officials said it was unclear whether the region. What does the President for the extreme option. Top Pentagon offi- Iran was dispersing its ballistic missile do? The President takes out a legiti- cials were stunned. units—the heart of the Iranian military—to Mr. Trump made the decision, senior offi- avoid American attack, or was mobilizing mate terrorist target. In Iran? No, the cials said on Saturday, despite disputes in the units for a major strike against Amer- President doesn’t want to do that. He the administration about the significance of ican targets or allies in the region in retalia- does it in Iraq. what some officials said was a new stream of tion for General Suleimani’ s death. Now, how anybody could have any intelligence that warned of threats to Amer- On Capitol Hill, Democrats voiced growing doubt about the President’s desire to, ican embassies, consulates and military per- suspicions about the intelligence that led to number one, strike at a terrorist, and, sonnel in Syria, Iraq and Lebanon. General the killing. At the White House, officials for- number two, avoid war, I will never Suleimani had just completed a tour of his mally notified Congress of a war powers reso- forces in Syria, Lebanon and Iraq, and was lution with what the administration said know. was a legal justification for the strike. The SPEAKER pro tempore. The planning an ‘‘imminent’’ attack that could claim hundreds of lives, those officials said. At Fort Bragg, N.C., some 3,500 soldiers, time of the gentleman has expired. ‘‘Days, weeks,’’ Gen. Mark A. Milley, the one of the largest rapid deployments in dec- Mr. BURGESS. Madam Speaker, I chairman of the Joint Chiefs of Staff, said on ades, are bound for the Middle East. General Suleimani, who was considered the yield an additional 1 minute to the Friday, when asked how imminent any at- most important person in Iran after Aya- gentleman from Oklahoma (Mr. COLE). tacks could be, without offering more detail tollah Khamenei, was a commanding general other than to say that new information Mr. COLE. Madam Speaker, passing of a sovereign government. The last time the this resolution, as my good friend Dr. about unspecified plotting was ‘‘clear and United States killed a major military leader BURGESS suggested, sends the wrong unambiguous.’’ in a foreign country was during World War But some officials voiced private skep- message to the wrong people at pre- II, when the American military shot down ticism about the rationale for a strike on the plane carrying the Japanese admiral cisely the wrong time. General Suleimani, who was responsible for The President did the right thing Isoroku Yamamoto. the deaths of hundreds of American troops But administration officials are playing here. He has acted in a restrained man- over the years. According to one United down General Suleimani’s status as a part of ner. He has endured, and our country States official, the new intelligence indi- the Iranian state, suggesting his title gave has endured, endless provocations. cated ‘‘a normal Monday in the Middle him cover for terrorist activities. In the days We should reject this rule. Frankly, East’’—Dec. 30—and General Suleimani’s since his death, they have sought to describe we should have a regular process where travels amounted to ‘‘business as usual.’’ the strike as more in line with the killing of we actually go back to the committee That official described the intelligence as Abu Bakr al-Baghdadi, the Islamic State thin and said that General Suleimani’s at- of jurisdiction. We should absolutely leader, who died in October in an American tack was not imminent because of commu- commando raid in Syria. reject the underlying resolution. nications the United States had between Administration officials insisted they did Before I conclude, I want to mention Iran’s supreme leader, Ayatollah Ali not anticipate sweeping retaliation from I know my friend is very sincere in his Khamenei, and General Suleimani showing Iran, in part because of divisions in the Ira- opinions on expanding congressional that the ayatollah had not yet approved any nian leadership. But Mr. Trump’s two prede- war power. There is no doubt in my plans by the general for an attack. The aya- cessors—Presidents George W. Bush and mind about it. We have worked on that tollah, according to the communications, Barack Obama—had rejected killing General before. I look forward to working with had asked General Suleimani to come to Suleimani as too provocative. Tehran for further discussions at least a General Suleimani had been in Mr. my friend on that issue again. This is week before his death. Trump’s sights since the beginning of the ad- the wrong vehicle, the wrong place, the Secretary of State Mike Pompeo and Vice ministration, although it was a Dec. 27 rock- wrong time, the wrong consequences President Mike Pence were two of the most et attack on an Iraqi military base outside for our own country to pass this kind hawkish voices arguing for a response to Ira- Kirkuk, which left an American civilian con- of legislation. nian aggression, according to administration tractor dead, that set the killing in motion. officials. Mr. Pence’s office helped run herd General Milley and Mr. Esper traveled on Mr. MCGOVERN. Madam Speaker, let Sunday to Mar-a-Lago, Mr. Trump’s Palm me say to the gentleman from Okla- on meetings and conference calls held by of- ficials in the run-up to the strike. Beach resort, a day after officials presented homa that I look forward to working Defense Secretary Mark T. Esper and Gen- the president with an initial list of options with him on the war powers and other eral Milley declined to comment for this ar- for how to deal with escalating violence issues related to the executive branch ticle, but General Milley’s spokeswoman, against American targets in Iraq. encroaching on legislative powers in Col. DeDe Halfhill, said, without elaborating, The options included strikes on Iranian the future. I hope we can work in a bi- that ‘‘some of the characterizations being as- ships or missile facilities or against Iranian- serted by other sources are false’’ and that backed militia groups in Iraq. The Pentagon partisan way and make some progress also tacked on the choice of targeting Gen- she would not discuss conversations between here. eral Suleimani, mainly to make other op- I include in the RECORD a January 4 General Milley and the president. The fallout from Mr. Trump’s targeted tions seem reasonable. Mr. Trump chose strikes against militia New York Times article entitled ‘‘As killing is now underway. On Saturday in groups. On Sunday, the Pentagon announced Tensions With Iran Escalated, Trump Iraq, the American military was on alert as that airstrikes approved by the president Opted for Most Extreme Measure.’’ tens of thousands of pro-Iranian fighters had struck three locations in Iraq and two in marched through the streets of Baghdad and [From the New York Times, Jan. 4, 2020] Syria controlled by the group, Kataib calls accelerated to eject the United States AS TENSIONS WITH IRAN ESCALATED, TRUMP Hezbollah. from the country. United States Central OPTED FOR MOST EXTREME MEASURE Jonathan Hoffman, the chief Pentagon Command, which oversees American mili- spokesman, said the targets included weap- (By Helene Cooper, Eric Schmitt, Maggie tary operations in the Middle East, said Haberman and Rukmini Callimachi) ons storage facilities and command posts there were two rocket attacks near Iraqi used to attack American and partner forces. WASHINGTON.—In the chaotic days leading bases that host American troops, but no one About two dozen militia fighters were killed. to the death of Maj. Gen. Qassim Suleimani, was injured. ‘‘These were on remote sites,’’ General Iran’s most powerful commander, top Amer- In Iran, the ayatollah vowed ‘‘forceful re- Milley told reporters on Friday in his Pen- ican military officials put the option of kill- venge’’ as the country mourned the death of tagon office. ‘‘There was no collateral dam- ing him—which they viewed as the most ex- General Suleimani. age.’’ treme response to recent Iranian-led vio- In Palm Beach, Fla., Mr. Trump lashed But the Iranians viewed the strikes as out lence in Iraq—on the menu they presented to back, promising to strike 52 sites across of proportion to their attack on the Iraqi President Trump. Iran—representing the number of American base and Iraqis, largely member’s of Iranian- They didn’t think he would take it. In the hostages taken by Iran in 1979—if Iran at- backed militias, staged violent protests out- wars waged since the Sept. 11, 2001, attacks, tacked Americans or American interests. On side the American Embassy in Baghdad. Mr. Pentagon officials have often offered improb- Saturday night, Mr. Trump warned on Twit- Trump, who aides said had on his mind the able options to presidents to make other pos- ter that some sites were ‘‘at a very high specter of the 2012 attacks on the American sibilities appear more palatable. level & important to Iran & the Iranian cul- compound in Benghazi, Libya, became in- After initially rejecting the Suleimani op- ture, and those targets, and Iran itself, WILL creasingly angry as he watched television tion on Dec. 28 and authorizing airstrikes on BE HIT VERY FAST AND VERY HARD.’’ images of pro-Iranian demonstrators storm- an Iranian-backed Shiite militia group in- The president issued those warnings after ing the embassy. Aides said he worried that stead, a few days later Mr. Trump watched, American spy agencies on Saturday detected no response would look weak after repeated fuming, as television reports showed Iranian- that Iranian ballistic missile units across threats by the United States. backed attacks on the American Embassy in the country had gone to a heightened state When Mr. Trump chose the option of kill- Baghdad, according to Defense Department of readiness, a United States official said on ing General Suleimani, top military offi- and administration officials. Saturday night. cials, flabbergasted, were immediately

VerDate Sep 11 2014 00:06 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JA7.028 H09JAPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H82 CONGRESSIONAL RECORD — HOUSE January 9, 2020 alarmed about the prospect of Iranian retal- Mrs. LESKO. Madam Speaker, I Soleimani was ‘‘clear, unambiguous in- iatory strikes on American troops in the re- thank the gentleman for yielding. telligence indicating a significant cam- gion. It is unclear if General Milley or Mr. First, I thank President Trump for paign of violence against the United Esper pushed back on the president’s deci- making a decisive action to protect States in the days, weeks, and sion. Over the next several days, the military’s Americans. Thank you. months,’’ and that the administration Special Operations Command looked for an The world now knows that Obama’s would have been ‘‘culpably negligent’’ opportunity to hit General Suleimani, who appeasement strategy policies, includ- if it did not act. operated in the open and was treated like a ing giving billions of dollars to Iran, This is a man who has been in the celebrity in many places he visited in the are over. It didn’t work. The world military for 40 years under different Middle East. Military and intelligence offi- knows that when President Trump says administrations, and you are going to cials said the strike drew on information we are not going to cross this red line, doubt what he has to say? from secret informants, electronic inter- they know he means it. I thank President Trump for pro- cepts, reconnaissance aircraft and other sur- veillance tools. In Rules Committee last night and tecting American citizens. The option that was eventually approved again today, I listened as my Demo- The SPEAKER pro tempore. Mem- depended on who would greet General cratic colleagues claim what this reso- bers are reminded to address their re- Suleimani at his expected arrival on Friday lution is all about. They claim that it marks to the Chair. at Baghdad International Airport. If he was is about making sure Congress exerts Mr. MCGOVERN. Madam Speaker, I met by Iraqi government officials allied with its authority to approve future war include in the RECORD a January 8 Van- Americans, one American official said, the against Iran. But that is not what this ity Fair article entitled ‘‘There Is No strike would be called off. But the official resolution does. Strategy: Diplomats React to Trump’s said it was a ‘‘clean party,’’ meaning mem- bers of Kataib Hezbollah, including its lead- In fact, let’s read the title of this res- Erratic, Narcissistic Iran Policy.’’ er, Abu Mahdi al-Muhandis. Mr. Trump au- olution. It says: ‘‘Directing the Presi- [From Vanity Fair, Jan. 8, 2020] thorized the killing at about 5 p.m. on dent pursuant to section 5(c) of the ‘‘THERE IS NO STRATEGY’’: DIPLOMATS REACT Thursday, officials said. War Powers Resolution to terminate TO TRUMP’S ERRATIC, NARCISSISTIC IRAN On Friday, missiles fired from an American the use of United States Armed Forces POLICY MQ–9 Reaper blew up General Suleimani’s to engage in hostilities in or against (By Abigail Tracy) convoy as it departed the airport. Iran.’’ It doesn’t say anything about fu- After the American drone strike and Iran’s Mr. MCGOVERN. Madam Speaker, I ture war. measured retaliation, some State vets worry yield 1 minute to the gentleman from We do not currently have U.S. Armed that Trump is a wild card, the biggest dan- New York (Mr. MORELLE), a member of Forces engaged in hostilities in or ger: ‘‘From a political standpoint,’’ says one, the Rules Committee. against Iran. If Democrats are serious ‘‘they have behaved a hell of a lot more ra- Mr. MORELLE. Madam Speaker, I about making sure Congress has its say tionally and predictably than we have.’’ thank the distinguished chair and my In the aftermath of Iran’s strike against in declaring war, they would follow the two airbases, in retaliation for the drone colleague from the Rules Committee, statutory guidelines as described by strike that killed Qasem Soleimani last Mr. MCGOVERN, for yielding me this Representative COLE. They are already week, a sigh of relief was breathed, but for minute. in there. Go to the Foreign Affairs what? That there had been no casualties We begin the new year in turbulent Committee. from Iran’s cruise missiles was a huge reason and uncertain times, particularly with Instead, Democrats have chosen to to be thankful. (U.S. officials have since sug- regard to Iran and the Middle East. short circuit the process yet again to gested this was intentional.) But there was Protecting our national interests and achieve a partisan objective. also a sense of relief that Trump had stepped securing the safety and security of the back—as if he were the wild card. The devel- As a member of the Rules Com- opments laid bare what diplomats I spoke American people must be the highest mittee, I saw the language of the reso- with identified as a discomforting reality in priorities of our government. I am lution 45 minutes before the Rules the Trump era. ‘‘Up is down and down is up,’’ gravely concerned the recent actions of Committee started. This is not a seri- a former U.S. ambassador in the region told the Trump administration have desta- ous effort for such a serious subject. me, noting Iran’s decision to notify the bilized the region and undermined Here are the facts. Iran and Iranian- Iraqis ahead of the attack on Tuesday and those priorities. backed militias have escalated their Mohammad Javad Zarif’s message of detente Article I of the United States Con- attacks. in the face of Trump’s bluster. ‘‘Who stitution vests in the House and Senate The SPEAKER pro tempore. The would’ve imagined that it’s the American president who is a crazy person gunning for the responsibility to declare war, to ap- time of the gentlewoman has expired. war and the mullahs who are being careful propriate money for the national de- Mr. BURGESS. Madam Speaker, I and deliberate and cautious .... They have fense, and, in doing so, to ensure no yield an additional 30 seconds to the done terrible things—I am not going to de- President employs military action gentlewoman from Arizona (Mrs. fend the fact that the country holds hostages without careful consultation of and au- LESKO). and has absolutely supported terrorist thorization by Congress. Mrs. LESKO. Madam Speaker, in groups and those sorts of things—but from a That is why it is so important that June 2019, Iran shot down a U.S. drone. political standpoint, they have behaved a we take action to reaffirm these re- Trump said, no, we are not going to re- hell of a lot more rationally and predictably sponsibilities by passing the resolution than we have,’’ this person added. ‘‘Do you taliate because no U.S. lives were lost. take comfort in the fact that Iran is the ra- before us, which I am proud to cospon- Iran attacked Saudi oil fields. Iran- tional actor or does that scare the bejesus sor. backed militia killed a U.S. citizen and out of you even more?’’ The use of United States Armed wounded four troops. Then, an Iran- A former Foreign Service Officer who Forces to engage in hostilities against backed militia attacked the U.S. Em- worked on Iran under Barack Obama echoed Iran must come only after thoughtful bassy. the point. ‘‘I think it is interesting that deliberation and approval by Congress. Soleimani was a terrorist designated [Iran has taken] every opportunity to show As we move forward, we must all seek by the Obama administration. that they’re actually more responsible than to achieve a peaceful resolution that the U.S. president in executing this con- Let me read very quickly what the flict,’’ this person said. ‘‘It boggles the mind protects American interests at home Joint Chiefs of Staff have said. He has to me that we are almost more concerned, I and abroad. had 40 years of military experience think, about our own president than we are I join with all Americans in praying under all different administrations. about the way others may retaliate, which is for the safety of our courageous serv- The SPEAKER pro tempore. The really scary.’’ icemembers and urge my colleagues to time of the gentlewoman has again ex- Diplomats I spoke with are clear-eyed in support this rule and the underlying pired. their belief that Iran’s retaliation for resolution. Mr. BURGESS. Madam Speaker, I Soleimani is not complete; they are bracing Mr. BURGESS. Madam Speaker, I yield an additional 30 seconds to the for—if not further military attacks—subse- quent responses, such as cyberattacks or yield 2 minutes to the gentlewoman gentlewoman from Arizona (Mrs. even kidnappings. To a fault, they, too, are from Arizona (Mrs. LESKO), a valuable LESKO). not defending Iran’s past malfeasance. And member of the House Committee on Mrs. LESKO. General Milley said the Trump’s position on the wake of the attacks Rules. trigger for the drone strike that killed is welcomed by veterans of Foggy Bottom.

VerDate Sep 11 2014 00:06 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\A09JA7.006 H09JAPT1 SSpencer on DSKBBXCHB2PROD with HOUSE January 9, 2020 CONGRESSIONAL RECORD — HOUSE H83 ‘‘President Trump made the right decision the time of intense diplomacy, where around and killed the second-in-command of not to respond to Iran’s missile attacks. the world leaders are figuring out, ‘If you do Iran. The American people, as well as There were no American casualties and the this, I do that’ and ’What will be the re- our troops, are in more jeopardy. Iranians are clearly signaling they don’t sponse of X if we do Y,’ ’’ a former senior U.S. In 2002, I was here, and I offer these want a war,’’ Nicholas Burns, the former am- official told me. But, this person added, ‘‘The bassador to NATO, told me. The problem is only ones not taking part are the Ameri- words from my statement on the floor that Trump has thus far failed to chart a cans.’’ Instead, ‘‘America is content with a regarding President Bush. ‘‘Always a path forward with Iran. Instead, he has shut- two-dimensional policy: We take this act, we question of the greatest importance, tled between slamming Iran, slighting his stand still and watch what happens. The our decision today,’’ in 2002, ‘‘is further predecessor’s signature Iran nuclear deal, other countries are at least trying to be weighted by the fact that we are being and patting himself on the back for the three-dimensional, adding the element of asked to sanction a new foreign policy death of Soleimani and Abu Bakr al- time, projecting to the not-too-distant fu- doctrine that gives a President the Baghdadi, the former leader of the Islamic ture which advantages are to be gained.’’ power to launch a unilateral and pre- State whom the United States killed in Oc- In an ideal world, Burns said, Trump would tober. ‘‘His speech was confusing about his open a reliable diplomatic channel to emptive first strike against Iraq before strategy. It is not at all clear if he intends to Tehran. ‘‘We should want to be able to de- we have utilized our diplomatic op- contain Iran through deterrence or to weak- liver tough and clear messages to its govern- tions.’’ en its government and seek regime change,’’ ment. And it would be smart to offer Iran a I further went on to say that ‘‘our Burns added. ‘‘He owes the American public, diplomatic off-ramp so that we can end the own intelligence agencies report that the Congress, and our allies a much more possibility of a wider war that is in neither there is currently little chance of specific and consistent game plan. Other- of our interests,’’ he said. ‘‘Trump’s disin- chemical and biological attack from wise, it will be difficult for him to gain do- terest in real diplomacy is a significant dis- mestic and allied support.’’ Saddam Hussein on U.S. forces or terri- advantage for the U.S.’’ tories.’’ As I reported in the aftermath of the Confronting a president who has repeat- Soleimani’s killing last week, a chief con- edly demonstrated a desire to dive into mili- Proven right, endless war, contin- cern within the diplomatic ranks was that tary conflict before diplomacy, Congress is uous loss of life of our treasured young the Trump administration, still lacking a co- grappling with how to restrain Trump. Cali- men and women and many injured— herent foreign policy, had failed to ade- fornia congressman Ro Khanna told me the this resolution and rule are imperative quately contemplate and prepare for the attacks on Tuesday increase ‘‘the urgency to assert constitutional authority to international and Iranian response to the for Congress to act. We need to engage in de- airstrike against the top Iranian general. In- ensure the protection of the American escalation and a cease-fire to end the cycle deed, the Trump administration certainly people. of violence.’’ Currently on the table are a few appeared to be caught flat-footed when the Mr. BURGESS. Madam Speaker, I measures House Democrats hope can curb Iraqi parliament voted to expel U.S. troops yield 2 minutes to the gentleman from Trump’s authority to attack Iran. Among from the country over the weekend. While them are a War Powers Resolution and a bill Georgia (Mr. AUSTIN SCOTT), a valuable asserting that the killing of Soleimani left drafted by Khanna and Senator Bernie Sand- member of the Armed Services Com- Americans safer, Secretary of State Mike ers that would defund any offensive action in mittee. Pompeo and Defense Secretary Mark Esper Iran and require any such action to have Mr. AUSTIN SCOTT of Georgia. have yet to detail the imminent threat they Congressional authorization. Madam Speaker, I thank the gen- claim the Iranian general posed to U.S. in- Khanna told me that the Democratic cau- terests. And Trump’s remarks on Wednesday tleman for yielding. cus is unified and that he has been in talks arguably raised more questions than they I join my colleagues in expressing the with Speaker Nancy Pelosi about timing and answered. As the former ambassador in the will to have an honest debate of the process. The House is expected to vote on a region put it, ‘‘There is no strategy. It is sat- War Powers Act, should the majority War Powers Resolution, after which they isfying Trump’s ego at every step. It’s all it would push his bill with Senator Sanders. party choose to do so. is for us, there is zero strategy and it’s all Currently, House leadership is figuring how Before I move any further, I submit strategy on Iran’s side.’’ to craft a War Powers Resolution in a way for the RECORD a report from the Direc- Beyond his ‘‘America First’’ tagline, that would prevent Republicans from attach- tor of National Intelligence on Barack Trump has failed to formulate anything re- ing a Motion to Recommit, which could pre- sembling a coherent foreign policy. Rather, Obama’s use of drones, an average of 67 vent it from reaching the Senate floor—as he has a domestic policy that influences drone strikes a year over his first 7 was the case with the War Powers Resolution American posturing abroad. The clearest years in office, killing an average of six on Yemen. ‘‘That is why it is taking some through line in Trump’s various foreign pol- enemy combatants a week, wherein the time,’’ Khanna explained. ‘‘It is taking time icy decisions can largely be summed up as to figure out the procedural mechanisms majority said absolutely nothing about ‘‘the opposite of what Obama did.’’ But this with the parliamentarian in the House and it at the time. lack of coherence is particularly troubling in the Senate so that what we send over to the SUMMARY OF INFORMATION REGARDING U.S. the Middle East and is amplified by the re- Senate doesn’t lose its War Powers privi- COUNTERTERRORISM STRIKES OUTSIDE ality that he’s surrounded by hawks with leged status. If it loses its privileged status, AREAS OF ACTIVE HOSTILITIES hard-ons for toppling the Iranian regime, then [Mitch] McConnell would never call it like Pompeo. ‘‘The most frustrating thing is In accordance with the President’s direc- up.’’ that this is entirely of his own making. You tion and consistent with the President’s think about where we were less than five Mr. MCGOVERN. Madam Speaker, I commitment to providing as much informa- years ago, when we got to the deal. Things yield myself such time as I may con- tion as possible to the American people about U.S. counterterrorism activities, the certainly weren’t perfect by any means. sume to respond to the gentlewoman. I They were still causing a lot of harm and Director of National Intelligence (DNI) is re- urge the gentlewoman, who read a cou- leasing today a summary of information pro- doing things against our interests in the re- ple of lines from the resolution, as I gion, but compare that to where we are vided to the DNI about both the number of today and it is so entirely avoidable,’’ the urge all of my colleagues, to read the strikes taken by the U.S. Government former Foreign Service officer told me. ‘‘The entire resolution. against terrorist targets outside areas of ac- lack of a strategy continues to be the most This is pretty simple. Basically, it tive hostilities and the assessed number of dangerous thing we can do in the Middle says that if we go to war with Iran, combatant and non-combatant deaths result- East.’’ Congress ought to have a say in it. ing from those strikes. ‘‘Areas of active hos- A former high-ranking State Department tilities’’ currently include Afghanistan, Iraq, Congress ought to do what the Con- and Syria. official expressed similar dismay. ‘‘Foreign stitution requires us to do. SUMMARY OF U.S. COUNTERTERRORISM policy isn’t well-done on impulse. Because so I don’t know why that is a radical much is intertwined .... It requires the STRIKES OUTSIDE AREAS OF ACTIVE HOS- ability to understand the trade-offs and pos- idea, but if my friends want to go to TILITIES BETWEEN JANUARY 20, 2009 AND DE- sible longer-term impacts. Never easy. But war with Iran, they have to have the CEMBER 31, 2015 this team has no ability to do that,’’ they guts to come to the floor to debate it Total number of strikes against terrorist told me. ‘‘If I were a military family mem- and vote on it. targets outside areas of active hostilities: ber, I’d really worry that our troops are Madam Speaker, I yield 1 minute to 473. being sent out with no clear plan or mission. the gentlewoman from Texas (Ms. Combatant deaths: 2372–2581. Non-combatant deaths: 64–116. Not a comforting thought.’’ JACKSON LEE). If Trump really does have an appetite for The assessed range of non-combatant diplomacy, that’s undeniably a positive de- Ms. JACKSON LEE. Madam Speaker, deaths provided to the DNI reflects consider- velopment. Diplomats stress that now is the the President cannot unilaterally go to ation of credible reports of non-combatant time for it, and the Iranians do seem to be war with Iran, nor are we safer since deaths drawn from all-source information, signaling a desire deescalate. ‘‘Now we’re in January 2, 2020, after having targeted including reports from the media and non-

VerDate Sep 11 2014 00:06 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\A09JA7.005 H09JAPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H84 CONGRESSIONAL RECORD — HOUSE January 9, 2020 governmental organizations. The assessed tional self-defense. Thus, the U.S. Govern- their own Director of National Intel- range of non-combatant deaths includes ment may have reliable information that ligence, conducted hundreds of air- deaths for which there is an insufficient certain individuals are combatants, but are strikes, averaging more than six kills a basis for assessing that the deceased is a being counted as non-combatants by non- week between January 2009 and Decem- combatant. governmental organizations. For example, ber 2015, and that was in areas of non- U.S. GOVERNMENT POST-STRIKE REVIEW further analysis of an individual’s possible PROCESSES AND PROCEDURES membership in an organized armed group hostilities. That doesn’t even include The information that was provided to the may include, among other things: the extent Iraq, Afghanistan, and Syria, which are DNI regarding combatant and non-combat- to which an individual performs functions classified numbers. ant deaths is the result of processes that in- for the benefit of the group that are analo- Let’s just be honest about what this clude careful reviews of all strikes after they gous to those traditionally performed by is. This is another partisan attack are conducted to assess the effectiveness of members of a country’s armed forces; wheth- against the President of the United operations. These review processes have er that person is carrying out or giving or- States for killing General Soleimani, ders to others within the group; or whether evolved over time to ensure that they incor- who was a terrorist in an area where porate the best available all-source intel- that person has undertaken certain acts that ligence, media reporting, and other informa- reliably connote meaningful integration into the President had the absolute legal tion and may result in reassessments of the group. authority to operate. strikes if new information becomes available Second, according to information provided Mr. MCGOVERN. Madam Speaker, I that alters the original judgment. The large to the DNI, U.S. Government post-strike re- yield myself such time as I may con- volume of pre- and post-strike data available views involve the collection and analysis of sume to respond to the gentleman from to the U.S. Government can enable analysts multiple sources of intelligence before, dur- Georgia, who I have a great deal of re- to distinguish combatants from non-combat- ing, and after a strike, including video obser- spect for. vations, human sources and assets, signals ants, conduct detailed battle damage assess- Let’s be honest here. Many of us, ments, and separate reliable reporting from intelligence, geospatial intelligence, ac- terrorist propaganda or from media reports counts from local officials on the ground, contrary to what the gentleman just that may be based on inaccurate informa- and open source reporting. Information col- said, have been outspoken against uni- tion. lected before a strike is intended to provide lateral interventions by the executive DISCREPANCIES BETWEEN U.S. GOVERNMENT clarity regarding the number of individuals branch without notifying Congress, AND NON-GOVERNMENTAL ASSESSMENTS at a strike location as well as whether the without seeking our approval on mili- individuals are engaged in terrorist activity. In releasing these figures, the U.S. Govern- tary authorization under Obama. I, for Post-strike collection frequently enables ment acknowledges that there are dif- one, was critical of his drone attacks. I U.S. Government analysts to confirm, among ferences between U.S. Government assess- other things, the number of individuals raised issues about our involvement in ments and reporting from non-governmental killed as well as their combatant status. The Syria. organizations. Reports from non-govern- information is then analyzed along with I include in the RECORD a statement mental organizations can include both aggre- other all-source intelligence reporting. This that I made, saying that Congress gate data regarding non-combatant deaths as combination of sources is unique and can well as case studies addressing particular should reconvene and debate and vote provide insights that are likely unavailable strikes, and generally rely on a combination on a resolution with regard to what the to non-governmental organizations. of media reporting and, in some instances, Obama administration was doing in Finally, non-governmental organizations’ field research conducted in areas of reported Libya. reports of counterterrorism strikes attrib- strikes. Although these organizations’ re- uted to the U.S. Government—particularly [Press Release, March 23, 2011] ports of non-combatant deaths resulting their identification of non-combatant CONGRESSMAN MCGOVERN STATEMENT ON from U.S. strikes against terrorist targets deaths—may be further complicated by the LIBYA outside areas of active hostilities vary wide- deliberate spread of misinformation by some ly, such reporting generally estimates sig- WASHINGTON, DC.—For several weeks now I actors, including terrorist organizations, in nificantly higher figures for non-combatant have been calling for an internationally-en- local media reports on which some non-gov- deaths than is indicated by U.S. Government forced no-fly-zone over Libya in order to pre- ernmental estimates rely. information. For instance, for the period be- vent Colonel Qadaffi from slaughtering his Although the U.S. Government has access tween January 20, 2009 and December 31, 2015, own people. I agree with President Obama to a wide range of information, the figures non-governmental organizations’ estimates that U.S. ground troops should not be com- released today should be considered in light range from more than 200 to slightly more mitted to this effort, and that our inter- of the inherent limitations on the ability to than 900 possible non-combatant deaths out- national partners should soon take the lead. determine the precise number of combatant side areas of active hostilities. Whether or not Qadaffi remains the leader of Consistent with the requirements applica- and non-combatant deaths given the non- Libya must, in the end, be up to the Libyan ble to future reporting under Section 3(b) of permissive environments in which these people. I am troubled about pressure to ex- the Executive Order ‘‘United States Policy strikes often occur. The U.S. Government re- pand the military operation and the many on Pre- and Post-Strike Measures to Address mains committed to considering new, cred- unanswered questions about Libyan opposi- Civilian Casualties in U.S. Operations In- ible information regarding non-combatant tion forces. I urge the House leadership to volving the Use of Force,’’ the information deaths that may emerge and revising pre- call the Congress back into session as soon we are releasing today addresses general rea- vious assessments, as appropriate. as possible so that Congress can exercise its sons for discrepancies between post-strike Mr. AUSTIN SCOTT of Georgia. constitutional responsibility to clearly spell assessments from the United States Govern- Madam Speaker, if we want to have an out the mission and limits of U.S. military ment and credible reporting from non-gov- honest debate about the War Powers engagement in Libya. And I urge the Obama ernmental organizations regarding non-com- Administration to consult with Congress and Act, then let’s have an honest debate to engage us at every possible opportunity as batant deaths and does not address specific about the War Powers Act. incidents. There are a number of possible this crisis continues to unfold. reasons that these non-governmental organi- Why didn’t we hear anything from Mr. MCGOVERN. Madam Speaker, zations’ reports of the number of noncombat- our colleagues on the other side of the some of us have been consistent on this ants killed may differ from the U.S. Govern- aisle about Libya when President through Democratic and Republican ment assessments, based on the information Barack Obama took action that led to administrations. I take great exception provided to the DNI. the death of Muammar Qadhafi? Why First, although there are inherent limita- when anybody tries to say that we are not Syria? Why not Yemen? Why is raising this issue just purely for polit- tions on determining the precise number of Iran individually spelled out in this combatant and non-combatant deaths, par- ical purposes. ticularly when operating in non-permissive resolution? For me, it is not. For me, I have been environments, the U.S. Government uses The only reason Iran is singled out in consistent on this through Democratic post-strike methodologies that have been re- this resolution is to take a political jab and Republican administrations. fined and honed over the years and that use at President Trump for utilizing an air- information that is generally unavailable to strike to take out General Soleimani, a b 1315 non-governmental organizations. The U.S. terrorist who was responsible for kill- Mr. MCGOVERN. Madam Speaker, I Government draws on all available informa- ing thousands of Americans, partner yield 1 minute to the gentleman from tion (including sensitive intelligence) to de- troops, and, yes, Iranians. Oregon (Mr. BLUMENAUER). termine whether an individual is part of a belligerent party fighting against the United While our colleagues are upset with Mr. BLUMENAUER. Madam Speaker, States in an armed conflict, taking a direct the use of airstrikes to kill General I appreciate my friend from Massachu- part in hostilities against the United States, Soleimani, I remind them that the setts setting the record straight. The or otherwise targetable in the exercise of na- Obama administration, according to war powers activity, the authorization

VerDate Sep 11 2014 04:29 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\A09JA7.003 H09JAPT1 SSpencer on DSKBBXCHB2PROD with HOUSE January 9, 2020 CONGRESSIONAL RECORD — HOUSE H85 of military force has been an issue that formed penetrators; and thousands nouncing, so we are closer to a nuclear a number of us have been concerned maimed walking around the United Iran than we were before. with, Republican and Democrat, going States, walking around the Halls of All of this has happened when the back to the Clinton administration and this Congress. That is Soleimani. likelihood of Iran’s further responding activity in the Balkans, but what my But they don’t know him because is grave. friend from Massachusetts pointed out this body, the executive branch, Repub- The SPEAKER pro tempore. The is that this reckless act by the Presi- licans and Democrats, have sent their time of the gentleman has expired. dent of the United States actually young men and women to war without Mr. MCGOVERN. Madam Speaker, I makes us less safe. dealing with this killer, this terrorist, yield an additional 15 seconds to the With one act, he has been able to because it was too hard, too hard in gentleman. unite the opposition in Iran. Remem- Iraq to deal with Iran, because it might Mr. WELCH. Madam Speaker, the ber, they were demonstrating in the make them mad, they might do some- gun is cocked and loaded. streets against the regime. And I have thing about it. We cannot go to war without Con- heard from friends of mine who have Our colleagues say that the President gress being involved in the debate and deep roots in Iran that this has prob- is reckless, without a plan. the President telling us what his policy ably set back the cause of reform Here is what is reckless: appease- is going to be. Mr. BURGESS. Madam Speaker, I years, if not decades, in Iran. ment. Appeasement has gotten Ameri- yield myself such time as I may con- We are less safe, not more. cans killed, has gotten people around I strongly urge the approval of this the globe killed because of this guy. sume. Madam Speaker, if we defeat the pre- resolution as a start to rein in the What is the point of designating him a vious question, I will offer an amend- President’s worst impulses, but we terrorist if you are not going to do ment to the rule to provide for imme- must also put in additional checks, by anything about it? diate consideration of H. Res. 783, hon- passing Representative KHANNA’s legis- Doing the bidding of Iran on this oring the members of the military and lation to ensure no funds are used for floor is unacceptable. We don’t want to intelligence community for carrying an unauthorized war with Iran and be in a war, that is true, nobody wants out the mission that killed General Representative LEE’s legislation to re- to be in a war, but I have got a news Soleimani. flash for everybody: Iran slapped us in peal the 2002 AUMF. Madam Speaker, I ask unanimous The SPEAKER pro tempore. The the face in 1979 and they have been consent to insert the text of this time of the gentleman has expired. fighting with us ever since. amendment into the RECORD, along Mr. MCGOVERN. Madam Speaker, I Us saying we are not going to defend with extraneous material, immediately yield an additional 15 seconds to the ourselves does not stop Iran from fight- prior to the vote on the previous ques- gentleman. ing the war that they have with us. Ap- tion. Mr. BLUMENAUER. Madam Speaker, peasing Iran will only kill more Ameri- The SPEAKER pro tempore. Is there this is an opportunity for us to get it cans. It hasn’t worked. objection to the request of the gen- right. And to take our friend, Mr. That is what is happening here tleman from Texas? COLE’s, word, we can move this for- today, Madam Speaker: the defense of There was no objection. ward. I see this as a beginning, and we the appeasement strategy of the last Mr. BURGESS. Madam Speaker, I can build on it, but rein in this admin- administration and administrations in yield 4 minutes to the gentleman from istration. the past. Texas (Mr. CRENSHAW), my good friend, Send a strong signal. Approve this We cannot allow this strategy to con- to explain the resolution. resolution. tinue and Americans to be killed or Mr. CRENSHAW. Madam Speaker, I Mr. BURGESS. Madam Speaker, may Iran to have a nuclear weapon. thank the gentleman for yielding. I inquire the amount of time remain- Mr. MCGOVERN. Madam Speaker, I I rise to urge defeat of the previous ing? would just urge my colleagues to read question so that we can immediately The SPEAKER pro tempore. The gen- the resolution. This is about the future consider my resolution to honor the tleman from Texas has 12 minutes re- and it is about whether or not, if we go hard work and dedication of the men maining. The gentleman from Massa- to war with Iran, whether or not Con- and women who made the precision chusetts has 133⁄4 minutes remaining. gress upholds its constitutional respon- strike on Qasem Soleimani possible. Mr. BURGESS. Madam Speaker, I sibility. This is an interesting crossroads we yield 2 minutes to the gentleman from Madam Speaker, I yield 1 minute to find ourselves in. After the successful Pennsylvania (Mr. PERRY), a valuable the gentleman from Vermont (Mr. response by the United States against member of the House Committee on WELCH). the escalating aggression from the Foreign Affairs. Mr. WELCH. Madam Speaker, I world’s most active and deadly ter- Mr. PERRY. Madam Speaker, I thank the gentleman for yielding. rorist, Qasem Soleimani, our great thank the gentleman for yielding. The President’s policy towards Iran country has found itself divided and Madam Speaker, this resolution is in- is to tear up diplomacy and embrace unsure of itself. sincere and unserious. It is insincere so-called maximum pressure. Instead of unity and resolve in the because this is just: We don’t like the The most recent strike, far from face of a clear and common enemy, we President and he took action, and we making us safer, is making us more in- have division and self-doubt. What is can’t stand it. secure. worse, that division has been sourced It is unserious, because if they really Think about the deliberate con- from the leadership in this very body. wanted to limit the actions of our gov- sequences from that act: While legitimate questions were ernment to defend our country and de- One, the Iraqi street is dem- raised—what authority was used, what fend those in uniform, this wouldn’t be onstrating against the U.S., not was the reasoning, what sort of intel- a nonbinding resolution, they would against Iran, as they were before; ligence backed this decision—those limit it. If they want to limit it, go Two, the Iranian street is dem- questions have long been answered ahead and do it. onstrating with the mullahs against clearly and convincingly. For the people in America that say, the U.S. instead of against their own The President has clear authority, a ‘‘Well, we don’t know this Soleimani government; duty in fact, to respond to attacks guy. How come we don’t know him?’’ Three, the Iraqi parliament voted to against American citizens and U.S. That is a great question. How come expel the United States from Iraq, forces. That isn’t my opinion; that is they don’t know? jeopardizing our anti-ISIS mission; clear from Article II of the Constitu- Well, let me introduce folks to him. Number four, our military has sus- tion and the War Powers Resolution. He got busy with his work as a ter- pended training for anti-ISIS activities The case is made even stronger when rorist in Beirut, killing 241 marines; in Iraq because of this strike; you consider this occurred entirely the Khobar Towers, killing Americans; Number five, the Iran nuclear deal within Iraq, a place where we already hundreds of American personnel wear- that the President tore up that Ira- have a lawful military operational ing uniforms dead by EFPs, explosively nians complied with, they are now re- footprint.

VerDate Sep 11 2014 00:06 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JA7.033 H09JAPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H86 CONGRESSIONAL RECORD — HOUSE January 9, 2020 The reasoning is quite simple as well: The SPEAKER pro tempore. The So these attacks against Americans, We must make clear that the U.S. will time of the gentleman has expired. we talked about the dead Americans not be attacked indefinitely, that we Mr. BURGESS. Madam Speaker, I from Iraq, these have been going on for will respond, and that response will yield an additional 15 seconds to the a very long time, and I was part of the make you regret ever having hit us in gentleman. response to that. the first place. Mr. CRENSHAW. Madam Speaker, I One of the most important things we The long history of General ask my colleagues to support this reso- can do, if we are going to have this Soleimani’s actions against the United lution and put to rest once and for all process argument, is appreciate the States throughout the region, and the the false implication that America men and women, not just of the mili- killing and maiming of thousands of cannot defend herself when necessary. tary, but of the intelligence commu- America’s sons and daughters, and in- Madam Speaker, I urge defeat of the nity, of the State Department, of ev- dications of his future actions make previous question. erywhere that has worked to bring the this point even stronger. Mr. MCGOVERN. Madam Speaker, I intelligence to bring this evil man to As to the intelligence, our CIA, our yield 1 minute to the gentlewoman justice. Director of National Intelligence, our from Wisconsin (Ms. MOORE). I heard somebody earlier say we Chairman of the Joint Chiefs of Staff Ms. MOORE. Madam Speaker, late should have just captured him. Well, have repeatedly told us that this intel- last week, President Trump ordered think of the risk that would have put ligence was some of the best they had the assassination of a high-ranking Ira- to our military. So maybe we should at ever seen, and it removed all doubt nian official while he was in Iraq. least appreciate the job that they are This action threatens to cascade the that Soleimani was planning large willing to do. That is going to be essen- United States into an ill-advised, not scale imminent attacks. tial. authorized war with Iran, and is al- These questions have been answered I often hear my friends talk about ready setting into motion a series of over and over and over, and yet my col- keeping the military safe, as if that is disastrous unintended consequences for leagues pretend not to hear those an- the end state of the military. American security and interests in the swers. After all, the mere thought of The military’s job that they volun- Middle East. agreeing with and supporting our teer for every day is to keep the Amer- President is repugnant to them even The President trashed the Joint ican people safe, and that is exactly when it is the right thing to do. Comprehensive Plan of Action, which what was done a week ago in the death So instead of applauding these ac- Iran was following and that put in tions that restored American deter- place the first real restraints on Iran’s of Soleimani. rence, delivered justice to hundreds of nuclear program. The world and Amer- So, Madam Speaker, I urge my col- dead American soldiers and their fami- ica were safer under the JCPOA frame- leagues to defeat the previous question lies, and severely weakened the ter- work, period. so that we can give them an oppor- rorist organization IRGC Quds Force, Enter Trump, and now we see Iranian tunity and pass this resolution appre- my colleagues wring their hands and rockets firing, U.S. forces being pushed ciating the men and women of the in- express regret and disappointment. out of Iraq, and alliances strained as telligence community and the mili- Instead of applauding the men and we all await further retaliations. tary. That is the least we can do after women of our military standing in Oh, history is replete with the misery this debate on the floor. harm’s way, instead of recognizing the befalling those poor empires who first b 1330 tireless vigilance of our intelligence fight and mistake that for might. Mr. MCGOVERN. Madam Speaker, I This escalation with Iran must end, community, instead of acknowledging yield 1 minute to the gentlewoman those who have spent years confronting Congress must reassert its war powers from Texas (Ms. ESCOBAR). authority, and I urge adoption of the the Iranian threat network directly, Ms. ESCOBAR. Madam Speaker, as a my colleagues in this Congress seek to resolution. Mr. BURGESS. Madam Speaker, I Member of Congress, I take my duty to undermine them. protect and defend our Nation’s inter- I take this personally, since I was yield 2 minutes to the gentleman from ests very seriously. The President’s one of those servicemembers for so Illinois (Mr. KINZINGER), a valuable reckless and irresponsible actions to- many years. member of the Energy and Commerce This threat is not new to us, though Committee and the Committee on ward Iran have endangered our service- it may be new to those politicians who Armed Forces. members, diplomats, and allies, and have lived comfortably and safely back Mr. KINZINGER. Madam Speaker, I they have worked counter to American home, now casting stones from ivory thank the chairman for yielding. security interests. Those include dan- towers, relying on disingenuous judg- Sometimes when I watch the debate, gerous decisions to pull out of the suc- ments and false premises to make a I wonder what happened to the con- cessful Iran deal and kill Commander false, politically-driven case to the fident America that I remember; that Soleimani, drastically ratcheting up American people. when a failing country threatens us, we tensions in the region. So I offer this resolution today in actually respond with force instead of In the context of the administra- order to right that wrong. I offer this fear and run away. tion’s failure to demonstrate an immi- to demonstrate to the American people That said, this process argument nent threat to our Nation, there is no and our servicemembers and members that we are having is interesting, but authority for such an action without of the intelligence community that as my colleague said earlier, maybe authorization from Congress. What this Congress does indeed stand by the they forgot something. makes this even more dangerous is decision to rid the world of America’s So I am going to urge defeat of the that the President has no clear strat- enemies and those who seek to do us previous question, because I think in egy. harm and stands by those who made this resolution, something major was Under the Constitution, President justice possible. forgotten, maybe they can re-craft it, Trump does not have the authority to This resolution simply states the ob- bring it back later, but that is this: I unilaterally wage war. That is why, vious: that General Soleimani was head hear my friends on the other side of the today, I support this rule and the un- of one of the most sophisticated ter- aisle say that Mr. Soleimani was a bad derlying resolution, which directs the rorist organizations in the world that guy and they are glad he is dead. How- President to end hostilities with Iran already committed numerous attacks ever—process argument follows—I and to keep our troops in America safe. against the United States and planned think something has been left out of I urge my colleagues to support this to carry out many more within days. this. resolution. This resolution rightfully congratu- When I was in Iraq in 2008 and 2009, I Mr. BURGESS. Madam Speaker, I lates our men and women who dis- operated mostly against terrorist net- yield 2 minutes to the gentleman from rupted this evil chain of attacks, in- works of a different nature, but about Florida (Mr. WALTZ). stead of wrongly suggesting to them a quarter of my operations were Mr. WALTZ. Madam Speaker, Qasem that their actions were unauthorized against terrorist networks from Mr. Soleimani, as we have discussed, many and even immoral. Soleimani. of us have discussed here today, was a

VerDate Sep 11 2014 00:06 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JA7.034 H09JAPT1 SSpencer on DSKBBXCHB2PROD with HOUSE January 9, 2020 CONGRESSIONAL RECORD — HOUSE H87 terrorist and a terrorist supporter, and Ms. DELAURO. Madam Speaker, the for war. The Constitution gave us the hundreds of American troops were War Powers Resolution simply requires power to raise and support armies and killed because of him. Many of them the President to consult with the Con- to provide and maintain a Navy. are scarred for life. gress and with the American public be- Why? Why didn’t the Framers just I don’t think we can overstate, in fore going to war with Iran. give the President the power to declare this body, how gruesome, how ad- Our constituents held their breath on and wage war? After all, the President vanced, how effective the explosive de- Tuesday. Thankfully, no lives were lost is made Commander in Chief of the vices that he poured into his militias in Iran’s retaliatory attack, but seri- Army and Navy and militias when were. They were deadly. They were ous concerns remain about the ration- called into the actual service of the manufactured in Iran. They were put in ale and the ramifications. United States. It would have been a lot place by Iran. They were trained by We do not mourn the loss of Qasem simpler to say let the President go to Iran. They had the capability to com- Soleimani. He was responsible for ac- war whenever he wants. Why didn’t pletely penetrate our armored vehicles. tions that harmed and killed American they do that? Soleimani worked hand in hand, in personnel and allies, and I condemn Well, the Framers acted against a addition to this, with Assad in Syria, a that. But any U.S. military action, es- background of kings and princes plung- serial human rights abuser, and waged pecially one that could spark cata- ing their populations into wars of van- even chemical warfare on his own peo- strophic consequences, needs to be ity and political advantage to distract ple, literally killing tens of thousands. carefully considered, fully justified their people at home from the political And because of him, today, hundreds, if within the law. problems of the kingdom, of the mon- not thousands, of families, including President Trump failed to consult archy. And our Framers were emphatic Gold Star families, just this past holi- the Congress, failed to secure specific that the awesome power of war, the day, couldn’t open up presents with authorization, failed to cite with speci- power over life and death of our sons their loved ones. No longer will they ficity the imminent threat. In a classi- and daughters, the power over our na- celebrate birthdays or holidays because fied briefing for Members of Congress, tional treasure not be vested in one of this one evil man. the administration would not, could man alone but, rather, in American de- This terrorist, because of his savage not provide any specifics about what mocracy itself. actions, I, as a former Green Beret who constituted an imminent threat. They The representatives of the people, the operated against these thugs for years, couldn’t tell us what the targets were, people of Maryland and Virginia and am grateful to the intelligence officer, nor would they divulge any of the Florida and California and Idaho and as my colleague Mr. KINZINGER just timelines for the attack. Pennsylvania and Michigan and Alaska mentioned, to the members of the mili- It is unprecedented the level at which and Hawaii, that is who the Framers tary who carried out this mission to this administration is seeking to ob- vested the power of war in: the Con- prevent more lives from being lost. scure the facts from the Congress and gress of the United States. Soleimani was actively planning at- the American people. The rationale is Now, the structural problem is that, tacks in the coming weeks, in the com- in doubt, the ramifications as well: The if the Nation is actually attacked or ing days, in the coming months. Ac- U.S. announced it will suspend our there is an imminent attack coming, cording to the Chairman of the Joint fight against ISIS; Iraq’s Prime Min- the President may need to respond in Chiefs of Staff, these attacks were im- ister and the legislature moved to self-defense. Madison anticipated that, minent, they were clear, and they were expel our troops; the Iranian leaders and Madison said that might happen. a present danger for our troops, to our announced they would no longer abide The Supreme Court, in 1863, in the allies, and to our interests. by the 2015 nuclear deal. middle of the Civil War, in the Prize From an oversight perspective, the President Trump’s actions have dra- Cases, said that the President can act President had a duty to act; and I, for matically increased the possibility of in those situations. Lincoln embargoed one, would be screaming from the roof- war with Iran and Iran’s pursuit of a and blockaded the Southern States, tops if he had not taken appropriate nuclear weapon. Today, America and and that was attacked as unconstitu- action. our allies are less safe as a result of the tional. They said, well, he was acting So, again, Madam Speaker, I am administration’s actions. against a real, imminent threat to the thankful for his leadership taking this The SPEAKER pro tempore. The land and the people of the country. monster out. Frankly, this should have time of the gentlewoman has expired. Now, after the Vietnam war, Con- been done a long, long time ago, years Mr. MCGOVERN. Madam Speaker, I gress passed the War Powers Resolu- ago, by multiple previous administra- yield to the gentlewoman from Con- tion in 1973, providing the President tions. It astounds me that this is up for necticut an additional 30 seconds. may engage our forces in hostilities debate. Ms. DELAURO. Let us reassert the only with a declaration of war, a statu- The SPEAKER pro tempore. The Congress’ role to ensure that the Presi- tory authorization, or a national emer- time of the gentleman has expired. dent—any President—is complying gency created by an attack upon our Mr. BURGESS. Madam Speaker, I with the law and is not conducting people or our Armed Forces. yield to the gentleman from Florida an lengthy military actions without con- Now, under the War Powers Act, the additional 15 seconds. gressional approval. President must consult Congress if he Mr. WALTZ. For those of you saying Let us prevent another unnecessary thinks that he is acting in imminent actions have consequences, let me re- war. Let us vote for this rule and this self-defense of the country. The Presi- mind you that inaction has con- resolution. dent didn’t do that. He talked to some sequences. Go to Walter Reed or Ar- Mr. BURGESS. Madam Speaker, may other people at Mar-a-Lago. He never lington, or go visit the American con- I inquire as to how much time I have talked to the Congress of the United tractor, as though that is some kind of remaining. States officially, neither the Repub- term, the American that was killed The SPEAKER pro tempore. The gen- licans nor the Democrats. He didn’t just last week. His name was Nawres tleman from Texas has 1 minute re- contact the so-called Gang of Eight of Waleed Hamid. He is from Sacramento. maining. our top leadership in the intelligence He is from California, and he was just Mr. BURGESS. Madam Speaker, I re- and security field. buried. serve the balance of my time. He did notify us, in fairness to the I think the answer for most Ameri- Mr. MCGOVERN. Madam Speaker, I President, within 48 hours of his tar- cans is this was warranted. It certainly am proud to yield 3 minutes to the gen- geted killing, which many see, under was for me. tleman from Maryland (Mr. RASKIN), a international law, as an act of war. I urge my colleagues to vote against distinguished member of the Rules At this point, though, whether you the previous question and consider this Committee. think there was truly an imminent cri- resolution. Mr. RASKIN. Madam Speaker, the sis and this was something like Pearl Mr. MCGOVERN. Madam Speaker, I Constitution gave Congress the power Harbor or you think that the President yield 11⁄2 minutes to the gentlewoman to declare war. The Constitution gave still has not given us a single compel- from Connecticut (Ms. DELAURO). Congress the power appropriate money ling justification for why he did it in

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Madam Speaker, I sieged by an economic crisis and recently math, ready to handle an Iranian backlash in yield the gentleman from Maryland an crushed mass protests. the region and beyond? additional 30 seconds. But Iran will surely regard the killing of Trump’s hubristic tweeting of a US flag Mr. RASKIN. All of us, everybody in one of its most significant political leaders following Soleimani’s death in a drone strike this Chamber at this point should say as an act of war, so its revenge is likely to in Iraq but failure to explain to Americans that whatever imminent threat ex- be serious and long lasting. what is going on may be a bad sign in this re- isted, whatever emergency there was is ‘‘There are definitely going to be unin- gard. But despite a stream of instant Twitter gone, and now this country should not tended consequences, and for starters I think we better have our embassies pretty well analysis from pundits suddenly expert in Ira- go to war without a declaration of war buttoned down,’’ former US Ambassador to nian affairs, no one can be sure what will by this Congress or statutory author- Iraq Christopher Hill told CNN. happen next. That’s what makes Trump’s ization, unless we are attacked in the ‘‘Iran simply cannot sit on its hands on strike so unpredictable and potentially meantime. this one. I think there will be a reaction and dicey. That is the whole point of the War I’m afraid it could get bloody in places.’’ With the vast network of proxies from Powers Resolution, to enforce the pow- Trump supporters are celebrating their Hezbollah to Hamas, Iran has the capacity to ers of Congress. We represent the peo- hard man commander-in-chief. They note strike fast and hard against US allies like Israel and Saudi Arabia and US assets and ple. We should not be going to war in that Soleimani orchestrated the deaths of hundreds of US soldiers in militia attacks personnel in its region. It could hammer the the name of the United States based on during the Iraq War. But recent history is global economy by attacking oil tankers in the word of one man. That is not the marked by spectacular US shock-and-awe the Strait of Hormuz. US officials and top constitutional design. It must be the opening acts of conflicts in Iraq and Afghani- military officers may be more exposed when Congress itself. stan that cause short-term gloating and long they travel abroad. Iran could explode Leb- Mr. BURGESS. Madam Speaker, I re- term military and political disasters. A full- anon’s fragile political compact and causes serve the balance of my time. on conflict with Iran would be far more com- region-wide shocks. Mr. MCGOVERN. Madam Speaker, I plicated than those two wars. US troops in Iraq, Syria and Afghanistan look especially vulnerable to action by Ira- include in the RECORD a January 3 CNN Trump’s strike may be the most signifi- nian-allied forces. Politically, the Baghdad article, entitled, ‘‘Trump’s Huge Iran cant calculated US act in a 40-year Cold War with revolutionary Iran. It’s the biggest US government may have no choice but to ask Gamble Will Have Lasting Impact.’’ foreign policy bet since the invasion of Iraq. American forces to leave after the attack in [From CNN, Jan. 3, 2020] Secretary of State Mike Pompeo told a scenario that could effectively deliver the TRUMP’S HUGE IRAN GAMBLE WILL HAVE CNN’s ‘‘New Day’’ that killing Soleimani country to Iran’s influence or retrigger its LASTING IMPACT ‘‘saved American lives’’ and was based on terrible civil war. (By Stephen Collinson) ‘‘imminent’’ threat intelligence about an at- The killing of Soleimani is a massive sym- (CNN) President Donald Trump’s targeted tack in the region. Trump echoed his sec- bolic blow to Iran. He was the Godfather of killing of Iran’s ruthless military and intel- retary of state later Friday morning, the Middle East who masterminded the coun- ligence chief adds up to his most dangerous tweeting that Soleimani ‘‘was plotting to try’s huge regional influence. Pompeo claimed that his demise will be gamble yet with other peoples’ lives and his kill many more’’ Americans. greeted by Iraqis and Iranians as a blow for own political fate. But Pompeo refused to give further details. By killing Qasem Soleimani in Iraq, The political bar for an administration that freedom and a sign the United States is on Trump committed the United States to a has made a habit of disinformation and lying their side. But developments in Middle East- risky open conflict that at best could stop is going to be far higher than that in such a ern politics rarely mirror the optimistic pro- short of all-out war with Iran that could grave crisis. Eliminating the most powerful nouncements of US officials. cause national security and economic shocks political force in Iran short of Supreme DID THE US INFLICT A SERIOUS STRATEGIC BLOW in the United States and across the globe. Leader Ayatollah Ali Khamenei also de- ON IRAN? The administration argues that it has stroys the chimera that this White House is Analysts will be looking to see whether the taken one of the world’s worst mass mur- not committed to a regime change strategy. death of Soleimani robs the Quds force of the derers and terrorists off the battlefield. But Given Soleimani’s frequent travels to Iraq, Iranian Revolutionary Guards Corps of its given Iran’s easy access to soft targets, the Syria and other areas in the Middle East this coherence and dims its regional power at Middle East and even Europe suddenly look is not the first time that he will have been least at first. a lot less safe for Americans, including US in US crosshairs. But previous presidents, Tehran’s strategic response is unclear. troops Trump may be even more tempted to perhaps cognizant of the inflammatory con- While it could lash out, a wave of attacks haul home. sequences, chose not to take the shot. In the against US soldiers or terrorist strikes else- Two days into his re-election year, coming days, the administration will have to where may draw it into a direct conflict with Trump—who rails against Middle Eastern en- explain why it acted now. a more powerful rival, the United States tanglements—has plunged the United States The act also likely eliminates possibly for that it does not seek. into another one, with vast and unknown a generation, any hope that the United It is not certain that it will strike back consequences. It challenges a presidency States and Iran can settle their differences quickly. It may have more to gain from that is already alienating half of his coun- by talking. There will be no desire nor polit- making life intolerable for the United States try, following his impeachment and unre- ical capital for even Iranian officials often and its citizens in the region in a slow burn strained behavior in office. Trump may find misleadingly described as moderates to sit approach. it impossible to rally the nation behind him down with US counterparts. Trump could be especially exposed to a to weather the crisis. He has also scrambled When Trump took office, there was no im- such a military or economic backlash by strategic and moral expectations of the mediate crisis with Iran. The Islamic Repub- Iran that casts doubt on his judgment given United States—ordering the killing of a sen- lic was honoring the Obama administration’s his quickening reelection race. ior foreign leader of a nation with whom the nuclear deal though it had not stepped back His move against Iran could also reshape US is not formally at war—albeit an official from its missile development and what the the dynamics of the presidential election regarded by Washington as a terrorist. US says is malignant activity in its own race at home, by opening a lane for Demo- Reflecting the strike’s potential for esca- neighborhood. crats to run as anti-war candidates against lation, a US defense official said the admin- But by ripping up the deal, strangling the him—a position that helped the last two istration would deploy a further 3,000 troops Iranian economy and now killing Soleimani, presidents—Trump and Barack Obama—get to the Middle East, including 750 who have Trump now owns however the confrontation elected. already deployed to protect the US embassy turns out. It’s a huge gamble because history Democratic candidate Bernie Sanders on in Baghdad. suggests that Presidents who bet their ca- Friday released a video vowing to do every- The reverberations of his act on Thursday reers on the jungle of Middle East politics al- thing he can ‘‘to prevent a war with Iran.’’ will last for years. ways lose. ‘‘Because if you think the war in Iraq was ‘‘Iran never won a war, but never lost a ne- The strike displays Trump’s growing in- a disaster, my guess is that the war in Iran gotiation!’’ Trump wrote on Friday morning fatuation with wielding military power, ex- would be even worse,’’ the Vermont senator in a tweet that will do nothing to calm crit- acerbates a trend of unchecked presidential said. ics who worry about the depth of his stra- authority and forges the kind of ruthless vig- And Democratic front-runner Joe Biden tegic thinking. ilante image he adores. immediately swung into sober commander- It is too early to know whether The question is now whether Trump—an in-chief mode, positioning himself to profit Soleimani’s death will significantly weaken erratic, inexperienced leader who abhors ad- politically if Trump’s Iran venture backfires.

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The former vice president offered testi- STATEMENT OF ADMINISTRATION POLICY missile attack from Iran against United mony to Soleimani’s record of fomenting H. CON. RES. 83—DIRECTING THE PRESIDENT States forces stationed at two bases in Iraq. bloodshed and instability but added: ‘‘Presi- PURSUANT TO SECTION 5(C) OF THE WAR POW- Over the last several months, Soleimani dent Trump just tossed a stick of dynamite ERS RESOLUTION TO TERMINATE THE USE OF planned and supported these escalating at- into a tinderbox.’’ UNITED STATES ARMED FORCES TO ENGAGE IN tacks by Iranian-directed Shia militia Mr. MCGOVERN. Madam Speaker, I HOSTILITIES IN OR AGAINST IRAN—REP. groups on coalition bases throughout Iraq. 1 SLOTKIN D MI AND 134 COSPONSORS He orchestrated the December 27, 2019 attack yield 1 ⁄2 minutes to the gentleman , – , on an Iraqi military base, which resulted in from Rhode Island (Mr. CICILLINE). The Administration strongly opposes pas- sage of H. Con. Res. 83, which purports to di- the death of a United States citizen and Mr. CICILLINE. Madam Speaker, I rect the President to terminate the use of badly wounded four United States service rise in support of H. Con. Res. 83. United States Armed Forces engaged in hos- members. Soleimani also approved the subse- Our single greatest responsibility is tilities in or against Iran or any part of its quent attack later that month on the United States Embassy in Baghdad, which turned the safety and security of the Amer- government or military unless authorized by Congress. violent and damaged the Embassy facility. ican people; and as the elected rep- At the time of the January 2 strike, resentatives of the American people, it At the President’s direction, on January 2, the United States military successfully exe- Soleimani was in Iraq in violation of a is our solemn duty to ensure that our cuted a strike in Iraq that killed Qassem United Nations Security Council travel ban country only engages in armed conflict Soleimani, the Commander of the Islamic and was actively developing plans to immi- that is necessary and that, when we do, Revolutionary Guard Corps-Qods Force, a nently attack United States diplomats and there are clear objectives and a strat- designated foreign terrorist organization. service members in Iraq and throughout the egy for achieving those objectives. Soleimani was personally responsible for ter- region. Subsequently, Iran launched an at- tack against the United States. Were Con- The Trump administration has pre- rible atrocities. He trained terrorist armies, including Hezbollah, launching terror strikes gress to attempt to compel the President to sented neither evidence that military against civilian targets. He fueled bloody adhere to a resolution like H. Con. Res. 83, it action is necessary nor a clear outline civil wars all across the region. He directed could hinder the President’s ability to pro- of their goals and a strategy with re- and facilitated actions that viciously wound- tect United States forces and interests in the spect to Iran. ed and murdered thousands of United States region from the continued threat posed by troops, including by planting bombs that Iran and its proxies. Any decision to put American troops This concurrent resolution is misguided, in harm’s way should be debated open- maim and dismember their victims. In elimi- nating Soleimani from the battlefield, the and its adoption by Congress could under- ly and honestly so that the American President took action to stop a war, not to mine the ability of the United States to pro- people have a say in their future. Noth- start a war. He took action to protect our tect American citizens whom Iran continues ing in this resolution prevents the ad- diplomats, our service members, our allies, to seek to harm. ministration from seeking authoriza- and all Americans. Mr. BURGESS. Madam Speaker, I tion for future actions, but it does Although concurrent resolutions like H. urge a ‘‘no’’ vote on the previous ques- guarantee, as the Constitution re- Con. Res. 83 lack the force of law under con- tion, ‘‘no’’ vote on the rule, the under- quires, that the American people, trolling Supreme Court precedent, I.N.S. v. lying measure, and I yield back the through their elected representatives, Chadha, 462 U.S. 919 (1983), it is nevertheless important to highlight some of its defi- balance of my time. have a voice in that decision. ciencies. Mr. MCGOVERN. Madam Speaker, I I urge my colleagues to support this First, H. Con. Res. 83 is unnecessary be- yield myself the balance of my time. resolution. cause the military actions to which it ap- Madam Speaker, I think what the Mr. BURGESS. Madam Speaker, I plies are already authorized by law, includ- President did was a grave miscalcula- ing the Authorization for Use of Military yield myself the balance of my time. tion, but we can’t change the past. We Force Against Iraq Resolution of 2002 (Public can only shape the future. Madam Speaker, I was in the class of Law 107–243) (‘‘2002 AUMF’’). The 2002 AUMF I have raised concerns about execu- Congress that was elected right after provides specific statutory authorization to engage in military action to ‘‘defend the na- tive overreach during the Bush admin- September 11, 2001, that came into of- istration; I raised them during the fice in 2003. tional security of the United States against the continuing threat posed by Iraq.’’ Public Obama administration; and today, I am After coming to office, through press Law 107–243, § 3(a)(1). The United States here to raise those concerns about the reports and information in various con- forces that have been threatened by Iranian Trump administration. gressional hearings, we got informa- and Iran-backed attacks in Iraq are there to I hope there is no war with Iran, but tion that Osama bin Laden had de- combat terrorist groups—such as ISIS. Thus, we have seen that developments can clared war on the United States in in addition to acting in accordance with his change day by day, hour by hour. Constitutional authorities as Commander in 1997—I did not know that—and that Should tensions escalate again, Con- there had been actionable intelligence Chief and Chief Executive, the President also acted against Soleimani pursuant to existing gress should have a say before hos- and Osama bin Laden could have been statutory authorization. The 2002 AUMF has tilities are launched. It is really that taken out prior to the attack of Sep- always been understood to authorize the use simple. tember 11, 2001, but the administration of force for, among other purposes, address- This should be the easiest vote in the in the 1990s decided not to do so. ing terrorist threats—like Soleimani and the world for Members of Congress. Re- Now, yesterday, fast-forwarding to attacks he was planning and facilitating— gardless of what you think about what present time, we heard from General emanating from Iraq. This is consistent with the President has done, regardless actions taken by previous Presidents pursu- Mark Milley clear, unambiguous intel- ant to the 2002 AUMF. For example, during whether you agree with his policies or ligence indicating a significant cam- the last administration, United States forces not, and regardless of your political af- paign of violence against the United frequently conducted operations in response filiation, this is about ensuring that we States in the days, weeks, and months to attacks and threats by Iran-backed mili- have a say about what may come next. that the administration would have tias in Iraq under the authority conferred by There is nothing radical about this. been culpably negligent if it did not the 2002 AUMF. Moreover, the Administra- The Constitution gives only Congress act, all in regards to the killing of Gen- tion’s engagement with Congress on this the ability to declare war. Let’s re- eral Soleimani. strike has been fully in accordance with past claim our power and let’s do our jobs. precedent, including by providing notifica- tion consistent with the War Powers Resolu- My friends say they want to honor b 1345 tion and by briefing Congressional leader- our troops. Well, talk is cheap. How ship, the full membership of the House and about honoring our troops by doing our The President wants to keep the Senate, and appropriate staff. job, by living up to our constitutional country safe. The President showed re- Second, were provisions like those in- responsibilities. War is a big deal. We markable restraint, I thought, yester- cluded in H. Con. Res. 83 to become law, they ought to take it seriously here. I and day, and I thought the tone in his ad- could undermine the President’s ability to some of my Republican friends over the dress to the Nation yesterday was pre- defend United States forces and interests in years have raised issues with Demo- cisely the right tone. the region against ongoing threats from Iran and its proxies. Iran has a long history of at- cratic and Republican administrations Madam Speaker, I include in the tacking United States and coalition forces about the ease in which they commit RECORD a Statement of Administration both directly and through its proxies, includ- our troops to hostilities. Enough is Policy. ing, most recently, by means of a January 7 enough.

VerDate Sep 11 2014 00:30 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\A09JA7.009 H09JAPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H90 CONGRESSIONAL RECORD — HOUSE January 9, 2020 No more endless wars. Congress has Congress, and of the American people, that retary of State Colin Powell stated before the to live up to its constitutional respon- the killing of Major General Soleimani was a Iraq War, ‘‘If you break it, you bought it.’’ sibility. Let’s reclaim our power. Let’s necessary action that was the product of a Iran Supreme Leader Ayatollah Khamenei do our job. carefully crafted geopolitical strategy devel- has vowed that a ‘‘harsh retaliation is waiting’’ Ms. JACKSON LEE. Madam Speaker, as a oped after extensive discussion within the na- for the United States as a consequence of the senior member of the House Committees on tional security apparatus regarding the short action taken by the Administration. the Judiciary and on Homeland Security, as a and long-term consequences for the security It is imperative that the Administration have member serving in this body on September of the region and our nation and its people. in place a strategy to counter and deescalate 11, 2001 and throughout the fateful and tragic Similarly, we do not know whether the deci- any Iranian response and have in place meas- war in Iraq, and as an original cosponsor, I sion to engage in the hostile action against ure to protect the safety of Americans residing rise in strong support of the rule governing de- Iran was made by the President in consulta- or travelling abroad and to protect the security bate of H. Con. Res. 83, a concurrent resolu- tion and agreement with our regional and of the homeland. tion directing the President to terminate the international allies and whether there is now in The deliberate and targeted killing of Major engagement of United States Armed Forces in place a strategy to ensure that the action General Soleimani has the potential to be the hostilities in or against Iran, as well as the un- taken does not lead to a greater escalation of most consequential assassination of a political derlying legislation. tensions between Iran and the United States leader since World War I was started by the I thank the gentlelady from Michigan, Con- or in the worst case, another war in the Middle assassination of Archduke Franz Ferdinand gresswoman ELISSA SLOTKIN, for introducing East placing at risk the lives and safety of mil- Carl Ludwig Joseph Maria of Austria, the heir this resolution and Foreign Affairs Committee lions of persons. presumptive of the throne of Austria-Hungary Chair ELIOT ENGEL for his work on this impor- Madam Speaker, Major General Soleimani in 1914. tant resolution. was the long-time chief of the Quds Force, the One of the enduring lessons of the Great I also thank Speaker PELOSI for taking swift elite special forces battalion of the Islamic War too often forgotten but so well docu- action to afford the House the opportunity to Revolutionary Guard Corps (IRGC), assisted mented in Barbara Tuchman’s prize-winning honor its constitutional duty to keep the Amer- Syrian strongman Bashar al Assad slaughter history, ‘‘The Guns of August,’’ is that mis- ican people safe by limiting the President from hundreds of thousands of his own people in conceptions, miscalculations, and mistakes re- taking further precipitous military actions re- the Syrian civil war, helped incite the Houthis sult in the tragedy of horrific warfare; among garding Iran. in Yemen’s civil war, and oversaw the brutal them are overestimating the value of one’s We know from bitter and heart-breaking ex- killing of hundreds of Iraqi protesters recently economic power, harboring an ill-founded be- perience the truth that while dangerous and demonstrating against Iranian influence in their lief in quick victory, and a failure to consider bloody battles are fought by the military, it is country. political backlash warfare. the nation that goes to war. Iran’s Quds Force, under Soleimani’s lead- Madam Speaker, the decision to send And that is why the Framers lodged the ership, has long been suspected by the U.S. American men and women into harm’s way is awesome power to declare and take the na- Government of involvement in a 2011 plot to the most consequential decision the Constitu- tion to war not in the hands of a single indi- assassinate the Saudi ambassador to the tion vests in the Congress and the President. vidual, but through Article I, Section, clause 11 United States and bore responsibility for the Members of Congress must be apprised of in the collective judgment of Congress, the deaths of more than 600 Americans killed by all facts material to the decision and have ac- representatives of the American people. Iranian proxies since the 2003 inception of the cess to relevant documentation, classified and It is true of course that the United States war in Iraq. otherwise, and afforded the opportunity to has an inherent right to self-defense against Over the past eight months, in response to meet in small groups and in secure locations imminent armed attacks and that it maintains rising tensions with Iran, the United States has with senior members of the Administration’s the right to ensure the safety of diplomatic introduced over 15,000 additional forces into national security team who can answer de- personnel serving abroad. the Middle East. tailed and pointed questions and provide re- But in matters of imminent armed attacks, But Major General Soleimani was more than quested information. the executive branch must inform Congress as a military leader, he was a high-ranking polit- The Constitution wisely divides the responsi- to why military action was necessary within a ical leader, second only in power and influ- bility of deciding when to use military force to certain window of opportunity, the possible ence to the Supreme Leader, Ayatollah Ali protect the nation and its interests between harm that missing the window would cause, Khamenei. the President and the Congress, the rep- and why the action was likely to prevent future In fact, Soleimani was regarded by many as resentatives of the American people. disastrous attacks against the United States. a future president of Iran. The United States’ military involvement in Only after being fully briefed and informed is It was foreseeable therefore that the killing Iraq begun in March 2003 and continuing to the Congress in a position to validate and rat- of Soleimani by American forces was likely to this day has taught this nation the importance ify or disapprove and terminate the action. invite retaliation by Iran putting at risk Amer- of having accurate and reliable information Madam Speaker, Section 5(c) of the 1973 ican military and civilian personnel, as well as when deciding whether to use military force War Power Resolution, Pub. L. 93–148, pro- its allies in the region and across the globe. and the painful costs in lives and treasure of vides that whenever ‘‘United States Armed It must be remembered, Madam Speaker, acting precipitously or unwisely. Forces are engaged in hostilities outside the the United States has national interests in pre- We cannot and dare not repeat that mis- territory of the United States, its possessions serving its partnership with Iraq and other take. and territories without a declaration of war or countries in the region, including by combating That is why I am proud to support and co- specific statutory authorization, such forces terrorists, including the Islamic State of Iraq sponsor H. Con. Res. 83, the concurrent reso- shall be removed by the President if the Con- and Syria (ISIS); preventing Iran from achiev- lution before us, which directs the President to gress so directs by concurrent resolution.’’ ing a nuclear weapons capability; and sup- terminate immediately the use of United The military action ordered on Friday, Janu- porting the people of Iraq, Iran, and other States Armed Forces to engage in hostilities in ary 3, 2020 by the President to kill Major Gen- countries throughout the Middle East who de- or against Iran or any part of its government eral Qasem Soleimani, the head of Iran’s Is- mand an end to government corruption and or military, unless Congress has declared war lamic Revolutionary Guard Corps, may have violations of basic human rights. or enacted specific statutory authorization for rid the world of a major architect of terror but For these reasons it is essential that the Ad- such use of the Armed Forces; or the use of leaves unanswered the critically important ministration have in place a sound, well-con- the Armed Forces is necessary and appro- question of why the action was taken at that sidered, and meticulously developed strategy priate to defend against an imminent armed time. for managing disputes with Iran. attack upon the United States, its territories or Even at this late hour, members of Con- That does not appear to be the case. possessions, or its Armed Forces, consistent gress have not been briefed or been shown There is no evidence that the Administration with the requirements of the War Powers Res- compelling evidence by the Administration that consulted with Congress or the Gang of 8, no olution. the action was necessary to repel a credible, evidence that it enlisted or even consulted our Our constituents, all Americans across the certain, and imminent attack on the United allies in NATO or the region, no evidence that country, and the people of the globe are look- States, its allies, or American civilians or mili- the Administration has a working and well- ing to us to ensure that tensions between the tary personnel. functioning national security council apparatus. United States and Iran are deescalated, that The Administration has yet to provide proof This is a critical Pottery Barn failure in deal- smart power and diplomacy be employed, and or assuage the concerns of most member of ing with the Middle East for as former Sec- every effort be made to ensure the peace and

VerDate Sep 11 2014 00:30 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00024 Fmt 4634 Sfmt 9920 E:\CR\FM\K09JA7.040 H09JAPT1 SSpencer on DSKBBXCHB2PROD with HOUSE January 9, 2020 CONGRESSIONAL RECORD — HOUSE H91 safety in America and the region, and the lives Kelly (IL) Murphy (FL) Scott, David Stivers Walberg Williams of the innocent not be placed at risk. Kennedy Nadler Sewell (AL) Taylor Walden Wilson (SC) Khanna Napolitano Shalala Thompson (PA) Walker Wittman The material previously referred to Kildee Neal Sherman Thornberry Walorski Womack by Mr. BURGESS is as follows: Kilmer Neguse Sherrill Timmons Waltz Woodall Kim Norcross Tipton Watkins AMENDMENT TO HOUSE RESOLUTION 781 Sires Wright Krishnamoorthi O’Halleran Slotkin Turner Weber (TX) Yoho At the end of the resolution, add the fol- Kuster (NH) Ocasio-Cortez Smith (WA) Upton Webster (FL) Young Van Drew Wenstrup lowing: Lamb Omar Soto Zeldin Langevin Pallone Wagner Westerman SEC. 3. Immediately upon adoption of this Spanberger Larsen (WA) Panetta Speier resolution, the House shall proceed to the Larson (CT) Pappas NOT VOTING—12 Stanton consideration in the House of the resolution Lawrence Pascrell Buchanan Hunter Loudermilk Stevens (H. Res. 783) honoring the members of the Lawson (FL) Payne Crawford Kind McEachin military and intelligence community who Lee (CA) Perlmutter Suozzi Diaz-Balart Kirkpatrick Serrano carried out the mission that killed Qasem Lee (NV) Peters Swalwell (CA) Fitzpatrick Lewis Simpson Soleimani, and for other purposes. The reso- Levin (CA) Peterson Takano Thompson (CA) lution shall be considered as read. The pre- Levin (MI) Phillips b 1413 Lieu, Ted Pingree Thompson (MS) vious question shall be considered as ordered Lipinski Pocan Titus Mrs. HARTZLER changed her vote on the resolution and preamble to adoption Loebsack Porter Tlaib without intervening motion or demand for from ‘‘yea’’ to ‘‘nay.’’ Lofgren Pressley Tonko So the previous question was ordered. division of the question except one hour of Lowenthal Price (NC) Torres (CA) debate equally divided and controlled by the Lowey Quigley Torres Small The result of the vote was announced chair and ranking minority member of the Luja´ n Raskin (NM) as above recorded. Committee on Armed Services. Clause 1(c) of Luria Rice (NY) Trahan Stated against: Lynch Richmond rule XIX shall not apply to the consideration Trone Mr. DIAZ-BALART. Madam Speaker, I was Malinowski Rose (NY) Underwood of House Resolution 783. Maloney, Rouda Vargas unavoidably detained. Had I been present, I Carolyn B. Roybal-Allard Mr. MCGOVERN. Madam Speaker, I Veasey would have voted ‘‘nay’’ on rollcall No. 5. Maloney, Sean Ruiz yield back the balance of my time, and Vela Matsui Ruppersberger The SPEAKER pro tempore (Ms. ´ I move the previous question on the McAdams Rush Velazquez DELBENE). The question is on the reso- resolution. McBath Ryan Visclosky lution. Wasserman The SPEAKER pro tempore. The McCollum Sa´ nchez The question was taken; and the McGovern Sarbanes Schultz question is on ordering the previous McNerney Scanlon Waters Speaker pro tempore announced that question. Meeks Schakowsky Watson Coleman the ayes appeared to have it. The question was taken; and the Meng Schiff Welch Mr. BURGESS. Madam Speaker, on Speaker pro tempore announced that Moore Schneider Wexton Morelle Schrader Wild that I demand the yeas and nays. the ayes appeared to have it. Moulton Schrier Wilson (FL) The yeas and nays were ordered. Mr. BURGESS. Madam Speaker, on Mucarsel-Powell Scott (VA) Yarmuth The SPEAKER pro tempore. This is a that I demand the yeas and nays. 5-minute vote. NAYS—191 The yeas and nays were ordered. The vote was taken by electronic de- The SPEAKER pro tempore. Pursu- Abraham Fulcher Massie vice, and there were—yeas 226, nays Aderholt Gallagher Mast ant to clause 9 of rule XX, this 15- Allen Gianforte McCarthy 193, not voting 11, as follows: minute vote on ordering the previous Amash Gibbs McCaul [Roll No. 6] Amodei Gohmert McClintock question will be followed by a 5-minute YEAS—226 votes on: Armstrong Gonzalez (OH) McHenry Arrington Gooden McKinley Adams Davis (CA) Huffman Adoption of the resolution, if or- Babin Gosar Meadows Aguilar Davis, Danny K. Jackson Lee dered; and Bacon Granger Meuser Allred Dean Jayapal Agreeing to the Speaker’s approval of Baird Graves (GA) Miller Axne DeFazio Jeffries Balderson Graves (LA) Mitchell Barraga´ n DeGette Johnson (GA) the Journal, if ordered. Banks Graves (MO) Moolenaar Bass DeLauro Johnson (TX) The vote was taken by electronic de- Barr Green (TN) Mooney (WV) Beatty DelBene Kaptur vice, and there were—yeas 227, nays Bergman Griffith Mullin Bera Delgado Keating Biggs Grothman Murphy (NC) Beyer Demings Kelly (IL) 191, not voting 12, as follows: Bilirakis Guest Newhouse Bishop (GA) DeSaulnier Kennedy [Roll No. 5] Bishop (NC) Guthrie Norman Blumenauer Deutch Khanna Bishop (UT) Hagedorn Nunes Blunt Rochester Dingell Kildee YEAS—227 Bost Harris Olson Bonamici Doggett Kilmer Adams Clyburn Fletcher Brady Hartzler Palazzo Boyle, Brendan Doyle, Michael Kim Aguilar Cohen Foster Brooks (AL) Hern, Kevin Palmer F. F. Krishnamoorthi Allred Connolly Frankel Brooks (IN) Herrera Beutler Pence Brindisi Engel Kuster (NH) Axne Cooper Fudge Buck Hice (GA) Perry Brown (MD) Escobar Lamb Barraga´ n Correa Gabbard Bucshon Higgins (LA) Posey Brownley (CA) Eshoo Langevin Bass Costa Gaetz Budd Hill (AR) Ratcliffe Bustos Espaillat Larsen (WA) Beatty Courtney Gallego Burchett Holding Reed Butterfield Evans Larson (CT) Bera Cox (CA) Garamendi Burgess Hollingsworth Reschenthaler Carbajal Finkenauer Lawrence Beyer Craig Garcı´a (IL) Byrne Hudson Rice (SC) Ca´ rdenas Fletcher Lawson (FL) Bishop (GA) Crist Garcia (TX) Calvert Huizenga Riggleman Carson (IN) Foster Lee (CA) Blumenauer Crow Golden Carter (GA) Hurd (TX) Roby Cartwright Frankel Lee (NV) Blunt Rochester Cuellar Gomez Carter (TX) Johnson (LA) Rodgers (WA) Case Fudge Levin (CA) Bonamici Cunningham Gonzalez (TX) Chabot Johnson (OH) Roe, David P. Casten (IL) Gabbard Levin (MI) Boyle, Brendan Davids (KS) Gottheimer Cheney Johnson (SD) Rogers (AL) Castor (FL) Gaetz Lieu, Ted F. Davis (CA) Green, Al (TX) Cline Jordan Rogers (KY) Castro (TX) Gallego Lipinski Brindisi Davis, Danny K. Grijalva Cloud Joyce (OH) Rooney (FL) Chu, Judy Garamendi Loebsack Brown (MD) Dean Haaland Cole Joyce (PA) Rose, John W. Cicilline Garcı´a (IL) Lofgren Brownley (CA) DeFazio Harder (CA) Collins (GA) Katko Rouzer Cisneros Garcia (TX) Lowenthal Bustos DeGette Hastings Comer Keller Roy Clark (MA) Golden Lowey Butterfield DeLauro Hayes Conaway Kelly (MS) Rutherford Clarke (NY) Gomez Luja´ n Carbajal DelBene Heck Cook Kelly (PA) Scalise Clay Gonzalez (TX) Luria Ca´ rdenas Delgado Higgins (NY) Crenshaw King (IA) Schweikert Cleaver Gottheimer Lynch Carson (IN) Demings Himes Curtis King (NY) Scott, Austin Clyburn Green, Al (TX) Malinowski Cartwright DeSaulnier Horn, Kendra S. Davidson (OH) Kinzinger Sensenbrenner Cohen Grijalva Maloney, Case Deutch Horsford Davis, Rodney Kustoff (TN) Shimkus Connolly Haaland Carolyn B. Casten (IL) Dingell Houlahan DesJarlais LaHood Smith (MO) Cooper Harder (CA) Maloney, Sean Castor (FL) Doggett Hoyer Duncan LaMalfa Smith (NE) Correa Hastings Matsui Castro (TX) Doyle, Michael Huffman Dunn Lamborn Smith (NJ) Costa Hayes McAdams Chu, Judy F. Jackson Lee Emmer Latta Smucker Courtney Heck McBath Cicilline Engel Jayapal Estes Lesko Spano Cox (CA) Higgins (NY) McCollum Cisneros Escobar Jeffries Ferguson Long Stauber Craig Himes McGovern Clark (MA) Eshoo Johnson (GA) Fleischmann Lucas Stefanik Crist Horn, Kendra S. McNerney Clarke (NY) Espaillat Johnson (TX) Flores Luetkemeyer Steil Crow Horsford Meeks Clay Evans Kaptur Fortenberry Marchant Steube Cuellar Houlahan Meng Cleaver Finkenauer Keating Foxx (NC) Marshall Stewart Davids (KS) Hoyer Moore

VerDate Sep 11 2014 00:30 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\A09JA7.015 H09JAPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H92 CONGRESSIONAL RECORD — HOUSE January 9, 2020 Morelle Richmond Stevens NOT VOTING—11 (B) preventing Iran from achieving a nu- Moulton Rose (NY) Suozzi Buchanan Kind McEachin clear weapons capability; and Mucarsel-Powell Rouda Swalwell (CA) Crawford Kirkpatrick Serrano (C) supporting the people of Iraq, Iran, and Murphy (FL) Roybal-Allard Takano Fitzpatrick Lewis Simpson other countries throughout the Middle East Nadler Ruiz Thompson (CA) Hunter Loudermilk who demand an end to government corrup- Napolitano Ruppersberger Thompson (MS) tion and violations of basic human rights. Neal Rush Titus b 1422 Neguse Ryan Tlaib (5) Over the past eight months, in response Norcross Sa´ nchez Tonko So the resolution was agreed to. to rising tensions with Iran, the United O’Halleran Sarbanes Torres (CA) The result of the vote was announced States has introduced over 15,000 additional Ocasio-Cortez Scanlon Torres Small as above recorded. forces into the Middle East. Omar Schakowsky (NM) A motion to reconsider was laid on (6) When the United States uses military Pallone Schiff Trahan the table. force, the American people and members of Panetta Schneider Trone the United States Armed Forces deserve a Pappas Schrader Underwood f credible explanation regarding such use of Pascrell Schrier Vargas THE JOURNAL military force. Payne Scott (VA) Veasey (7) The War Powers Resolution (50 U.S.C. Perlmutter Scott, David Vela The SPEAKER pro tempore. Pursu- 1541 et seq.) requires the President to consult ´ Peters Sewell (AL) Velazquez with Congress ‘‘in every possible instance’’ Peterson Shalala Visclosky ant to clause 8 of rule XX, the unfin- Phillips Sherman Wasserman ished business is the question on agree- before introducing United States Armed Pingree Sherrill Schultz ing to the Speaker’s approval of the Forces into hostilities. Pocan Sires Waters Journal, which the Chair will put de (8) Congress has not authorized the Presi- dent to use military force against Iran. Porter Slotkin Watson Coleman novo. Pressley Smith (WA) Welch (b) TERMINATION.—Pursuant to section 5(c) Price (NC) Soto Wexton The question is on the Speaker’s ap- of the War Powers Resolution (50 U.S.C. Quigley Spanberger Wild proval of the Journal. 1544(c)), Congress hereby directs the Presi- Raskin Speier Wilson (FL) Pursuant to clause 1, rule I, the Jour- dent to terminate the use of United States Rice (NY) Stanton Yarmuth nal stands approved. Armed Forces to engage in hostilities in or against Iran or any part of its government or NAYS—193 f military, unless— Abraham Graves (GA) Palmer IRAN WAR POWERS RESOLUTION (1) Congress has declared war or enacted Aderholt Graves (LA) Pence specific statutory authorization for such use Allen Graves (MO) Perry Mr. ENGEL. Madam Speaker, pursu- of the Armed Forces; or Amash Green (TN) Posey ant to House Resolution 781, I call up (2) such use of the Armed Forces is nec- Amodei Griffith Ratcliffe the concurrent resolution (H. Con. Res. essary and appropriate to defend against an Armstrong Grothman Reed 83) directing the President pursuant to imminent armed attack upon the United Arrington Guest Reschenthaler section 5(c) of the War Powers Resolu- States, its territories or possessions, or its Babin Guthrie Rice (SC) Armed Forces, consistent with the require- Bacon Hagedorn tion to terminate the use of United Riggleman ments of the War Powers Resolution. Baird Harris Roby States Armed Forces to engage in hos- (c) RULE OF CONSTRUCTION.—Nothing in Balderson Hartzler Rodgers (WA) Banks Hern, Kevin tilities in or against Iran, and ask for this section may be construed— Roe, David P. its immediate consideration. (1) to prevent the President from using Barr Herrera Beutler Rogers (AL) Bergman Hice (GA) Rogers (KY) The Clerk read the title of the con- military force against al Qaeda or associated Biggs Higgins (LA) Rooney (FL) current resolution. forces; Bilirakis Hill (AR) Rose, John W. (2) to limit the obligations of the executive Bishop (NC) Holding The SPEAKER pro tempore. Pursu- Rouzer branch set forth in the War Powers Resolu- Bishop (UT) Hollingsworth ant to House Resolution 781, the Roy tion (50 U.S.C. 1541 et seq.); Bost Hudson Rutherford amendment printed in House Report (3) to affect the provisions of an Act or Brady Huizenga Scalise 116–371 is adopted, and the concurrent Brooks (AL) Hurd (TX) joint resolution of Congress specifically au- Schweikert Brooks (IN) Johnson (LA) resolution, as amended, is considered thorizing the use of United States Armed Scott, Austin Buck Johnson (OH) read. Forces to engage in hostilities against Iran Bucshon Johnson (SD) Sensenbrenner The text of the concurrent resolu- or any part of its government or military Shimkus Budd Jordan tion, as amended, is as follows: that is enacted after the date of the adoption Burchett Joyce (OH) Smith (MO) of this concurrent resolution; Smith (NE) H. CON. RES. 83 Burgess Joyce (PA) (4) to prevent the use of necessary and ap- Byrne Katko Smith (NJ) Resolved by the House of Representatives (the Smucker propriate military force to defend United Calvert Keller Senate concurring), States allies and partners if authorized by Carter (GA) Kelly (MS) Spano SECTION 1. TERMINATION OF USE OF UNITED Carter (TX) Kelly (PA) Stauber Congress consistent with the requirements of STATES ARMED FORCES TO ENGAGE Chabot King (IA) Stefanik the War Powers Resolution; or IN HOSTILITIES IN OR AGAINST Cheney King (NY) Steil (5) to authorize the use of military force. IRAN. Cline Kinzinger Steube (a) FINDINGS.—Congress makes the fol- The SPEAKER pro tempore. The con- Cloud Kustoff (TN) Stewart current resolution, as amended, shall Cole LaHood Stivers lowing findings: Collins (GA) LaMalfa Taylor (1) The Government of Iran is a leading be debatable for 2 hours, equally di- Comer Lamborn Thompson (PA) state sponsor of terrorism and engages in a vided and controlled by the chair and Conaway Latta Thornberry range of destabilizing activities across the ranking minority member of the Com- Cook Lesko Timmons Middle East. Iranian General Qassem mittee on Foreign Affairs. Crenshaw Long Tipton Soleimani was the lead architect of much of The gentleman from New York (Mr. Cunningham Lucas Turner Iran’s destabilizing activities throughout the Curtis Luetkemeyer ENGEL) and the gentleman from Texas Upton world. Davidson (OH) Marchant (Mr. MCCAUL) each will control 1 hour. Van Drew (2) The United States has an inherent right Davis, Rodney Marshall Wagner The Chair recognizes the gentleman to self-defense against imminent armed at- DesJarlais Massie Walberg from New York. Diaz-Balart Mast Walden tacks. The United States maintains the right GENERAL LEAVE Duncan McCarthy Walker to ensure the safety of diplomatic personnel Dunn McCaul Walorski serving abroad. Mr. ENGEL. Madam Speaker, I ask Emmer McClintock Waltz (3) In matters of imminent armed attacks, unanimous consent that all Members Estes McHenry Watkins the executive branch should indicate to Con- Ferguson McKinley have 5 legislative days in which to re- Weber (TX) Fleischmann Meadows gress why military action was necessary vise and extend their remarks and in- Flores Meuser Webster (FL) within a certain window of opportunity, the clude extraneous material on H. Con. Fortenberry Miller Wenstrup possible harm that missing the window Westerman Res. 83, currently under consideration. Foxx (NC) Mitchell would cause, and why the action was likely The SPEAKER pro tempore. Is there Fulcher Moolenaar Williams to prevent future disastrous attacks against Gallagher Mooney (WV) Wilson (SC) the United States. objection to the request of the gen- Gianforte Mullin Wittman (4) The United States has national inter- tleman from New York? Womack Gibbs Murphy (NC) ests in preserving its partnership with Iraq There was no objection. Gohmert Newhouse Woodall Mr. ENGEL. Madam Speaker, I yield Gonzalez (OH) Norman Wright and other countries in the region, including Gooden Nunes Yoho by— myself such time as I may consume. Gosar Olson Young (A) combating terrorists, including the Is- We are here this afternoon so that Granger Palazzo Zeldin lamic State of Iraq and Syria (ISIS); this body can exercise one of its most

VerDate Sep 11 2014 01:39 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\A09JA7.013 H09JAPT1 SSpencer on DSKBBXCHB2PROD with HOUSE January 9, 2020 CONGRESSIONAL RECORD — HOUSE H93 important constitutional responsibil- First of all, this administration The War Powers law says: ‘‘At any ities, deciding on whether or not this hasn’t given us any reason to believe time that United States Armed Forces country will wage war, whether or not that this is a fact. The foreign policy of are engaged in hostilities outside the we will check an executive that has this administration has undermined territory of the United States, its pos- brought our country to a dangerous American leadership, cut our diplomats sessions and territories without a dec- brink. off at the knees, alienated our allies, laration of war or specific statutory In recent months, tensions between and walked away from our obligations. authorization, such forces shall be re- the United States and Iran have ticked We have lurched from crisis to crisis, moved by the President if the Congress up, bit by bit, until this last week, each time hoping that the situation so directs by concurrent resolution.’’ when we found ourselves in a crisis like won’t spin out of control. Again, by concurrent resolution. That we haven’t seen in decades. I call it fly-by-the-seat-of-your-pants is what the War Powers Act states that Let’s be clear: The Iranians are re- foreign policy, and it is no way to ad- we need do. That is what we are doing sponsible for their own harmful behav- vance American interests and values today. ior. We know this is a regime that un- on the global stage. This is the House of Representatives derwrites terrorism, that tries to But beyond that, beyond the way this exercising its Article I authority. We strengthen its own position by foment- administration has acted, it is not the don’t get authority over war powers ing instability and provocation. We job of Congress to give any administra- just because—if the President says so. know that about Iran. No one expects tion its blind trust. It is why we have We get authority over war powers, pe- Iran to be the adult in the room when separation of powers. It is why the riod. That is our authority. So let’s put it comes to global affairs. Constitution entrusts war powers to that fiction to rest. What we do expect is that American Congress. And one final point, Madam Speaker, leadership and American policy will be Let me say that again. It is why the about the tone of this debate. Yester- the moderating force. Constitution entrusts war powers to day, a Member of this body went on So the world was stunned last week Congress. We haven’t had a declared television and said that Democrats when the Trump administration chose, war in this country since World War II. ‘‘are in love with terrorists. They instead, the path towards escalation It is not the way it should happen. mourn Soleimani more than they So it is a relief that both the admin- with the killing of Qasem Soleimani. mourn our Gold Star families.’’ istration and the Iranians have, for the We need to be honest about Another Member labeled a group of moment, opted to de-escalate. But we Soleimani. He was a bad guy. He had colleagues ‘‘Ayatollah sympathizers.’’ would be foolish to think this crisis is masterminded attacks and campaigns At a time when we are talking about over. It could flame up again in the that cost thousands of innocent lives. policy that will have direct bearing on blink of an eye, and I worry that an- In the places where we have seen Iran’s American men and women, service- other misstep on either side could be most harmful activity, Soleimani’s fin- members and diplomats in harm’s way, what plunges our country into another gerprints were everywhere. He had comments like that reflect very poorly ill-advised war in the Middle East. American blood on his hands, and the I will say it very plainly: The Amer- on this body. And I remind the House world is better off without him. ican people do not want war with Iran. that all Members, in both parties, re- But are we really safer today, as the With the measure before us today, we gardless of party, love this country. administration claims, with American are denying the President the author- These words have no place in this de- citizens told to get out of Iraq as fast ity to wage such a war. bate. as they can; thousands of troops de- This would direct the President to On the Foreign Affairs Committee, ploying to the Middle East; an eviction terminate the use of armed force we take pride in debating issues, even notice from the Iraqi Government, against Iran without congressional au- the toughest issues, on the merits and whose partnership we depend on in the thorization unless it is necessary to re- on the facts. I salute my friend, the fight against ISIS; Iranian missiles en- spond to an imminent armed attack ranking member, Mr. MCCAUL, for dangering American personnel? against the United States. working so closely with me to make It certainly doesn’t feel like we are The President always has the power sure we do so. That is one of the keys safer, and a poll out today shows that to defend America. No one denies that. of the Foreign Affairs Committee. the American people agree. This resolution explicitly preserves I strongly encourage all Members on In foreign policy, you have to weigh this right, but that is a limited excep- both sides to bear that in mind during decisions like this. As awful as tion. The President shouldn’t abuse it. this debate. We all take the same oath. Soleimani was, this action has endan- Now, we have heard the argument We can argue about this resolution gered American lives and American se- that the 2002 Authorization for the Use without questioning one another’s mo- curity. of Military Force, the Iraq war author- tives or one another’s patriotism. The President and his advisers say ization, would justify military action Madam Speaker, I reserve the bal- they had no choice; that there was im- against Iran. That is just wrong. It is ance of my time. minent threat. Then they said, well, he not what Congress intended when it Mr. MCCAUL. Madam Speaker, I had done bad things in the past and passed that resolution. I was here. I re- yield myself such time as I may con- was going to do more bad things in the member it. It should be repealed, not sume. future. When they sent a report on the used to launch more military action. I rise in opposition to H. Con. Res. 83. strike to Congress, the administration If the President wants to use mili- When President Obama took down took the highly unusual step of tary force against Iran, he has to come Osama Bin Laden, the Republican classifying it. to Congress. Any President has to Members joined with Democrats, as And then yesterday, in a classified come to Congress. We are not making Americans, to praise the President. Un- briefing, when Members demanded to rules only for this President. We are fortunately, today, Democrats are in- see the evidence that justified the making rules for the President, any capable of giving this President credit strike, the message from the adminis- President, vis-a-vis, Congress’ constitu- where credit is due, which only tration essentially boiled down to this: tional powers. emboldens Iran. Trust us. When we asked, What is the The President has to make the case I am surprised to be faced with this plan going forward? The administra- first, first, not after he launches an ill- partisan resolution today. We should tion essentially told Members: Trust advised attack, then after the fact, be standing together, as the chairman us. comes up with a reason why it was nec- mentioned, as a Nation. Instead, this Trust us is not good enough, Madam essary and why it was legal. That is resolution plays politics with national Speaker, not for me, and not for the not the way our system works. security. American people. Today, I have heard the myth float- Yesterday, the President laid out a Madam Speaker, if they are going to ing around that this resolution is non- measured response to Iran’s ballistic send our men and women in uniform binding; that it is just symbolic. So let missile attacks. Let me be clear. The into harm’s way, they shouldn’t hide me quote from the War Powers Act to President is not seeking war with Iran. the facts. prove that untrue. The President has shown, if anything,

VerDate Sep 11 2014 01:39 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JA7.048 H09JAPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H94 CONGRESSIONAL RECORD — HOUSE January 9, 2020 great restraint regarding Iran, includ- under his constitutional authority as ers Resolution that states that the ing after Iran’s downing of a U.S. Commander in Chief, had ample domes- President of the United States must drone, a U.S. military asset. tic legal authority to take him out consult Congress before going to war But in their blind contempt for the without an additional congressional with Iran. This is simply what our Con- President, my colleagues are ignoring authorization.’’ That was President stitution requires. the assessments of career intelligence Obama’s Secretary of Homeland Secu- For me, this is not a theoretical exer- and military professionals. rity. cise. My husband spent 30 years in the As a second authority, the National b 1445 Army and retired as a colonel. We ac- Security Adviser cited the 2002 AUMF tually met on my third tour in Iraq, Our colleagues on the other side are that authorized the use of force ‘‘to de- when I was a CIA officer. My step- downplaying the murderous evil of fend the national security of the daughter is a brand-new Army officer. Soleimani, the mastermind of terror in United States against the continuing My son-in-law’s unit is stationed at Al the Middle East for over two decades. threat posed by Iraq.’’ That authoriza- Asad Air Base, which was just targeted Soleimani was designated as a ter- tion has been used previously to ad- by ballistic missiles this week. rorist by the Obama administration. dress terrorist threats to U.S. per- If our loved ones are going to be sent He was responsible for the deaths of sonnel inside Iraq, including by Presi- to fight in any protracted war, the more than 600 Americans and wounded dent Obama to go after ISIS terrorist President owes the American public a thousands more. forces in Iraq. conversation. The resolution we will be Soleimani was involved in the Ira- The dangerously partisan reactions voting on today allows us to start that nian plot to assassinate the Saudi Am- to last week’s strike in defense of debate, as our Founders intended. bassador to the United States on Amer- Americans are even more apparent Let me be clear: The Government of ican soil in Georgetown, right in this when compared to Democratic reac- Iran is a leading state sponsor of ter- city. Soleimani oversaw Iran’s support tions to Obama’s thousands of unau- rorism and engages in a range of desta- for Assad in Syria, including con- thorized airstrikes in defense of Liby- bilizing activities across the Middle vincing Russia to fight for Assad, kill- ans inside Libya in 2011. East. I have experienced these person- ing hundreds of thousands. This year, Back in June 2011, then-Leader ally as a former CIA analyst. I served Soleimani played a key role in the PELOSI was asked about the Obama ad- multiple tours in Iraq, three tours. My crackdown on protestors in Iraq that ministration’s months of airstrikes in- specialty is Iranian-backed Shia mili- killed hundreds of Iraqis. side Libya, dropping hundreds of mil- tias. It should be clear to any reasonable lions of dollars in U.S. munitions with- I have followed Iran’s destabilizing person that Soleimani posed a long- out congressional authorization. Lead- activity in Iraq up close for my entire term threat to the United States and er PELOSI was asked: ‘‘Madam Leader, professional career. I have watched to innocent civilians in the Middle you are saying that the President did friends and colleagues hurt or killed by East and across the globe. We don’t not need authorization initially and Iranian rockets, mortars, and explosive need to get into classified details to see still does not need any authorization devices. Iranian General Qasem from Congress on Libya?’’ Her answer Soleimani’s clear threat. Soleimani was the lead architect of was, ‘‘Yes.’’ According to the Department of De- much of Iran’s destabilizing activities She said: ‘‘I believe the limited na- fense, in the last 2 months, Soleimani in the Middle East and throughout the and his proxies launched 12 attacks ture of this engagement allows the President to go forward. . . . I am sat- world. against U.S. forces and facilities in To that end, with Iran or with any isfied that the President has the au- Iraq. On December 27, Soleimani’s Ira- other adversary, the United States al- thority he needs to go ahead.’’ nian proxies killed an American and in- ways has the inherent right and obliga- jured four U.S. servicemembers near That logic should apply far more in the strike against Soleimani to protect tion to self-defense against imminent Kirkuk. On December 31, Soleimani’s armed attacks—always. The United Iranian proxies launched an assault on Americans. I am pleased the administration did States always maintains the right and the United States Embassy in Baghdad. not hesitate to take bold action, given the responsibility to ensure the safety But Soleimani was not done. Sec- the high threat level. Soleimani of our diplomatic personnel and our retary Pompeo said that Soleimani was showed us through the embassy attack Armed Forces serving abroad. ‘‘actively plotting’’ to take ‘‘big ac- and the attacks on U.S. forces that he When it comes to the matter of tion’’ that would ‘‘put dozens if not was serious about hurting Americans. longer term war either as something hundreds of American lives at risk,’’ Our intelligence community saw his that we choose as a Nation or as some- which DOD said targeted American dip- next plan coming together, and our thing that we find ourselves in, as lomats and servicemembers in Iraq and military, under direction from our Members of this body, we have a con- throughout the region. Commander in Chief, acted. They saw stitutional responsibility to authorize The Chairman of the Joint Chiefs, the storm coming, and they stopped it. the use of military force. General Milley, said that the adminis- I thank the President and the men The Framers of our Constitution tration would have been ‘‘culpably neg- and women of our intelligence commu- rightly believed that the power to de- ligent,’’ given the evidence and intel- nity and the military for upholding clare war belongs in the Congress be- ligence they had, had they not acted. their responsibility to protect Amer- cause this would ensure that the Amer- The President possessed the legal au- ican lives. Instead of supporting the ican people, through the legislators thority for this strike and complied President, unfortunately, my Demo- they elected, weigh the most signifi- with his obligation to report it to Con- cratic colleagues are dividing Ameri- cant decision a government can make. gress within 48 hours under the War cans at a critical time, weakening our To this end, the resolution does a few Powers Resolution. The President has leverage overseas and emboldening our simple things. inherent Article II authority as Com- enemy, the largest state sponsor of ter- First, it states that the President mander in Chief to defend United ror in the world. does not currently have authorization States personnel from attacks that I ask my colleagues to oppose this for war against Iran, which his own Soleimani was carrying out and plot- resolution, which seeks to tie the Secretary of Defense acknowledged in ting against Americans. It is an act of President’s hands as he continues to a congressional hearing last month. self-defense. defend Americans in the Middle East. Second, it requires the President to This is not just a partisan analysis. Madam Speaker, I reserve the bal- get congressional authorization if he Jeh Johnson, President Obama’s gen- ance of my time. wants to conduct a protracted war with eral counsel at the Department of De- Mr. ENGEL. Madam Speaker, I yield Iran. fense and former Secretary of Home- 5 minutes to the gentlewoman from Third, it makes clear that the Presi- land Security, approved the airstrikes Michigan (Ms. SLOTKIN), the author of dent maintains the authority to use during the Obama administration. He this important resolution. force to prevent imminent attacks stated that Soleimani ‘‘was a lawful Ms. SLOTKIN. Madam Speaker, I rise against the United States or our forces. military objective, and the President, today in support of my bill, a War Pow- As someone who has spent her career

VerDate Sep 11 2014 01:39 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JA7.049 H09JAPT1 SSpencer on DSKBBXCHB2PROD with HOUSE January 9, 2020 CONGRESSIONAL RECORD — HOUSE H95 in national security, it is extremely reports, many may know him only as I know we have three coequal branches important to me that this resolution in an unnamed U.S. contractor killed in of government. no way ties the President’s hands or Iraq, but he was more than that. His Madam Speaker, I think the chair- takes away any capabilities from our name was Nawres Hamid. He was a hus- man should actually look at what the military commanders to respond in band. He was the father of two young Supreme Court ruled in the Chadha self-defense for ourselves and our al- sons. He was a resident of California. case, that concurrent resolutions are lies. Before Nawres became a citizen, he unconstitutional as a means to limit We have been at war for nearly two was valiantly serving alongside our the executive branch. I think I may decades, which has spanned both Re- troops as a linguist. All of our hearts need to read it twice, so let’s do that. publican and Democratic administra- break for his wife and children, who are In fact, the Supreme Court ruled in tions, as my colleague pointed out. In left mourning his death. the Chadha case that concurrent reso- that time, Congress has voted only There are some in this Chamber who lutions are unconstitutional as a twice to authorize the use of military seem to be downplaying his death, but means to limit the executive branch. force, in 2001 and 2002. his death matters. It matters to his The purpose of a concurrent resolution Congress has long abdicated its re- family. It matters to his countrymen. is to deal with mundane housekeeping sponsibility as laid out in the Constitu- It matters to the President. It matters matters in Congress. Now, I want everybody to know and tion to make the hard decisions we owe to me. His death was unnecessary, understand what we have used concur- our troops when it comes to author- unprovoked, and it deserved justice. rent resolutions for—it is very impor- izing war. We owe it to our military That is why my next statement car- tant: to authorize the use of the Cap- and to ourselves as a Nation to open ries even more meaning. Red lines should mean something. In this admin- itol Grounds for the Soap Box Derby, this conversation on the authorization to use the rotunda to present a con- of military force, to provide our troops istration, they do. Killing Nawres was a red line. Planning to kill Americans gressional medal to Jack Nicklaus, and that clarity, and to abide by the Con- to host a birthday party in the Capitol stitution that we have all sworn to pro- is a red line. I am confident that the right deci- Visitor Center. But the new majority tect. decided to use it for something dif- I urge my colleagues, Republicans sion was to take out the man respon- sible for Nawres’ death and the death ferent. and Democrats, to support this resolu- For a party that wants to claim they tion. I know it is a political time, but of hundreds of other Americans. Iran responded earlier this week by care about the Constitution, Madam my attempt was to hew exactly to Speaker, Democrats may want to brush sending missiles to U.S. bases in Iraq. I what our Founders intended. up on their facts. If they did, they believe we are all relieved and grateful Mr. MCCAUL. Madam Speaker, I would realize their actions today are that there were no American casual- yield 1 minute to the gentleman from shameful and embarrassing, even by ties. Iran appears to be pulling back California (Mr. MCCARTHY), the distin- the low standards they set in their im- guished Republican leader. from its strategy of provocation in the peachment inquiry. Mr. MCCARTHY. Madam Speaker, I face of firm American determination. They seem to have forgotten that we thank the gentleman for yielding. Iran seems to understand that deesca- are not the House of Resolutions. We The United States and our allies are lation is right for them and the world. are, actually, the U.S. House of Rep- safer with Qasem Soleimani gone. Now is the time for our country to resentatives. Our job isn’t to debate President Trump’s decisive leadership come together and speak with one feelings. Our job isn’t to make rec- was justified, and it was right. voice, not as Republicans, not as ommendations. We are, actually, elect- Soleimani had the blood of over 600 Democrats, but as Americans. ed to make law. American servicemembers on his b 1500 But that is not how we are spending hands. For more than 20 years, he at- Instead of working with this adminis- our time today. This resolution has as much force of law as a new year’s reso- tacked our troops, established a brutal tration to continue to work toward lution. It is nothing more than a press reign of terror across the Middle East, shared goals, Democrats are using this release to appease their socialist base. and was directly responsible for the moment to continue their hatred to- death of thousands of innocent civil- What message is it sending to Iran? ward the President. That we are strong, determined, and ians, including in his own country. And As my colleague and former CIA offi- united as a country, or that we are di- he had more terror planned. cer WILL HURD said, he never thought As President Trump said, this strike vided, shortsighted, and weak? he would see the day that the Iranian Madam Speaker, ‘‘In war, resolu- was done to prevent a war, not start Government would be able to manipu- one. In yesterday’s address, he was true tion,’’ and, ‘‘in peace, goodwill.’’ Win- late Members of Congress, Democratic ston Churchill wrote those words after to his word. He was confident and re- Presidential candidates, and the West- strained. Even as he underscored our he led Britain to victory in the Second ern media, yet here we are on this floor World War. They describe what he be- strength and resolve, he extended the today. people of Iran our hand in peace and lieved were the right actions for great If President Trump’s instinct is to leaders to take at history’s defining friendship. President Trump’s decision put America first, his critics’ instinct moment. to embrace the Reagan doctrine of is to blame America first. We should keep Churchill’s words in peace through strength in dealing with The words of my Democratic col- mind today. President Trump clearly Iran has worked. leagues, including the Speaker of the has. Because of President Trump’s Those who criticize President Trump House, blame the United States for at- leadership, the United States and our for Iran’s dangerous foreign policy tacks Iran has been initiating for the allies are safer today than we were ex- should actually spend a few moments past four decades. Now, they want to actly 1 week ago. to review their history. It is Iran that limit the President’s ability to defend Petty politics are wrong for the is responsible for escalating tensions America. That is just dangerous. country, especially now. Not liking by creating chaos to spread fear and I want to clear up some news, Madam President Trump is not an excuse for accumulate power. Speaker, that I actually even recently failing to see that the President and In the decades since 1979’s revolution, heard on this floor. I would probably his administration have a sensible and Iran has become the number one state consider it fake news that Democrats deeply American strategy for dealing sponsor of terrorism in the world. More have told the American people. with Iran. recently, it shot down an American Contrary to their claim, the resolu- Madam Speaker, I imagine we will military drone and seized a British oil tion before the House today is non- continue to hear from other Democrats tanker. binding. It is called a concurrent reso- defending Iran for their escalation and On December 27, Iranian proxies lution. This resolution, if passed, won’t the death of an American. Madam crossed the line by killing an Amer- go to the President’s desk for signa- Speaker, I imagine that the Democrats ican. For the first time since 1988, we ture. It won’t have the power of law. will try to claim a concurrent resolu- have an administration willing to Madam Speaker, I heard the chair- tion is more than a Soap Box Derby, strike back. From most of the media man try to claim that this had power. but the Supreme Court says otherwise.

VerDate Sep 11 2014 01:39 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JA7.051 H09JAPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H96 CONGRESSIONAL RECORD — HOUSE January 9, 2020 Madam Speaker, I imagine I will We are 21 percent of the world’s GDP. colleagues to oppose it and vote hear a lot from the Democrats today. I China, our competition for the 21st against it. would like to hear a Democrat speak to century, is 15 percent. Iran is 0.44 per- Mr. ENGEL. Madam Speaker, I yield the 600 Gold Star families whose loved cent of GDP. 1 minute to the gentlewoman from ones were killed by Soleimani. I would China hasn’t been in a war since 1979. Texas (Ms. JACKSON LEE). like to hear them defend that. We are in 40 conflicts. Ms. JACKSON LEE. Madam Speaker, I would like to hear them defend Iran Future historians will ask why we America is not safe or safer because of and their actions of burning an em- were so obsessed with a region, the the acts that occurred local time on bassy, of killing an American, of kill- Middle East, with 3.5 percent of GDP, January 3, 2020. ing thousands of civilians even in their when we should have been focused on America is in more jeopardy, as are own country. But they are going to investing in our country to build the our brave men and women in the take our time today with something future, to win the 21st century. United States military, whom we hold that means nothing. I don’t think staying out of bad wars in the highest esteem and say to their Yes, they will run to the mikes. They that cost this country trillions of dol- families: We are obligated and com- will get on TV. They will tell a little lars is a Democratic issue or a Repub- mitted to honoring and thanking you, more fake news, that it meant some- lican issue. Frankly, the President ran but to also recognizing, when we send thing today. on this. you into battle, there would and should The only thing that will happen I know Leader MCCARTHY says this is be the consultation, the engagement, today is it will make Iran believe they a formality. Under the War Powers the understanding of the intelligence are stronger. It will make Iran believe Act, you are supposed to have a con- and the work between Article I, the they have allies in the House of Rep- current resolution. United States Congress, and Article II, resentatives. My hope is the President will agree the President of the United States. Today is a day that we will not be with this and not get us into a war I will not allow any Member of Con- proud of. with Iran. gress to malign my Gold Star families Madam Speaker, in light of the infor- The SPEAKER pro tempore. The or to suggest that any Member here mation that we have coming out of time of the gentleman has expired. does not respect the ultimate sacrifice Mr. ENGEL. Madam Speaker, I yield Iran, if it is true, of why an airliner that their family members took. Fam- an additional 15 seconds to the gen- was shot down, if that was the case, I ily members who are Gold Star should tleman. would like to see a Democrat move to Mr. KHANNA. Madam Speaker, I ap- not be used in a political debate. They the floor and pull this concurrent reso- preciate the gentleman yielding. should only be honored. lution. If it means nothing else, I think I will make my final point. This And I will not accept anyone describ- we should have all the facts. shouldn’t be partisan. ing Democrats as mourning terrorists. I look forward to listening, Madam Here is what I would love to see, that The SPEAKER pro tempore. The Speaker, to any Democrat who wants the President says, in the future ac- time of the gentlewoman has expired. to speak to the Gold Star families tion, he is not going to get into a war Mr. ENGEL. Madam Speaker, I yield about why they want to have a debate and that he agrees with the concurrent an additional 15 seconds to the gentle- today and tell them that ‘‘Soleimani is resolution that this body passes. woman. bad, but.’’ It is not ‘‘but’’; it is ‘‘be- Mr. MCCAUL. Madam Speaker, I Ms. JACKSON LEE. Madam Speaker, cause,’’ because he killed Americans, yield 11⁄2 minutes to the gentleman what I will say is that nothing in this because he killed thousands of civil- from Ohio (Mr. CHABOT). resolution speaks to any named person. ians. That is why he was taken out, Mr. CHABOT. Madam Speaker, I rise It says that this body, this Congress, and the world is safer because of it. today in opposition to this resolution, must adhere to its duty to be able to Madam Speaker, I look forward to which curtails the President’s author- ensure that the President of the United hearing the defense from the other ity to protect American interests in States does not unilaterally take us side. the Middle East. into war with Iran. We will not stand Mr. ENGEL. Madam Speaker, I am Two weeks ago, Iranian proxies for it. sorry that the Republican leader is launched a missile attack on American It does, as well, say that my resolu- casting aspersions. I think everyone on forces in Iraq. This was the 11th such tion in 2002 indicated that we should both sides of the aisle takes this seri- rocket attack by the Iranians in recent not have gone to war in Iraq. ously and has reasons for what we are months. This time, as our leader said, Madam Speaker, as a senior member of the voting on. it killed Nawres Hamid, who was a hus- House Committees on the Judiciary and on Madam Speaker, I yield 11⁄2 minutes band, a father, a contractor, and an Homeland Security, as a member serving in to the gentleman from California (Mr. American citizen. this body on September 11, 2001 and KHANNA), a gentleman who has been The man behind this attack and addi- throughout the fateful and tragic war in Iraq, very involved in these issues for a long, tional attacks that were being planned and as an original cosponsor, I rise in strong long time and has been a real leader in and that were imminent was the ter- support of H. Con. Res. 83, a concurrent reso- these issues. rorist mastermind Qasem Soleimani, lution directing the President to terminate the Mr. KHANNA. Madam Speaker, I who was responsible for the deaths, as engagement of United States Armed Forces in thank Chairman ENGEL for yielding we have heard, of at least 600, probably hostilities in or against Iran. and for his leadership. many more, Americans and for thou- l thank the gentlelady from Michigan, Con- I rise today not as a partisan but as sands of others in that part of the gresswoman ELISSA SLOTKIN, for introducing someone concerned about America’s fu- world, and for causing destabilization this resolution and Foreign Affairs Committee ture. throughout the entire region. Chair ELIOT ENGEL for his work on this impor- We have worked across the aisle with For years now, Soleimani had been tant resolution. people like Representative MEADOWS leading Iran’s shadow war against us I also thank Speaker PELOSI for taking swift and others to stop our country from and against our allies. In targeting action to afford the House the opportunity to getting into endless wars. There is not Soleimani, President Trump took bold, honor its constitutional duty to keep the Amer- one party that wants to stop these long-overdue action, and he ought to be ican people safe by limiting the President from wars; this is in our national interest. supported for this decision, not criti- taking further precipitous military actions re- Now, let’s be very clear. Soleimani cized. garding Iran. had blood on his hands. Soleimani was This resolution, by condemning even We know from bitter and heart-breaking ex- a bad actor. Soleimani killed Ameri- limited military force and limited ac- perience the truth that while dangerous and cans. That is not the debate. tion, would essentially tie the Presi- bloody battles are fought by the military, it is The debate is whether America dent’s hands behind his back as he tries the nation that goes to war. should get into another war in the Mid- to counter Iran’s shadow campaign And that is why the Framers lodged the dle East or whether we should be fo- against us. awesome power to declare and take the na- cused on our real competition, which is Madam Speaker, it makes no sense, tion to war not in the hands of a single indi- China. this resolution, and I strongly urge my vidual, but through Article I, Section, clause 11

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Iranian proxies since the 2003 inception of the otherwise, and afforded the opportunity to It is true of course that the United States war in Iraq. meet in small groups and in secure locations has an inherent right to self-defense against Over the past eight months, in response to with senior members of the Administration’s imminent armed attacks and that it maintains rising tensions with Iran, the United States has national security team who can answer de- the right to ensure the safety of diplomatic introduced over 15,000 additional forces into tailed and pointed questions and provide re- personnel serving abroad. the Middle East. quested information. But in matters of imminent armed attacks, But Major General Soleimani was more than The Constitution wisely divides the responsi- the executive branch must inform Congress as a military leader, he was a high-ranking polit- bility of deciding when to use military force to to why military action was necessary within a ical leader, second only in power and influ- protect the Nation and its interests between certain window of opportunity, the possible ence to the Supreme Leader, Ayatollah Ali the President and the Congress, the rep- harm that missing the window would cause, Khamenei. resentatives of the American people. and why the action was likely to prevent future In fact, Soleimani was regarded by many as The United States’ military involvement in disastrous attacks against the United States. a future president of Iran. Iraq begun in March 2003 and continuing to Only after being fully briefed and informed is It was foreseeable therefore that the killing this day has taught this Nation the importance the Congress in a position to validate and rat- of Soleimani by American forces was likely to of having accurate and reliable information ify or disapprove and terminate the action. invite retaliation by Iran putting at risk Amer- when deciding whether to use military force Madam Speaker, Section 5(c) of the 1973 ican military and civilian personnel, as well as and the painful costs in lives and treasure of War Power Resolution, Pub. L. 93–148, pro- its allies in the region and across the globe. acting precipitously or unwisely. vides that whenever ‘‘United States Armed It must be remembered that the United We cannot and dare not repeat that mis- Forces are engaged in hostilities outside the States has national interests in preserving its take. territory of the United States, its possessions partnership with Iraq and other countries in the That is why I am proud to support and co- and territories without a declaration of war or region, including by combating terrorists, in- sponsor H. Con. Res. 83, the concurrent reso- specific statutory authorization, such forces cluding the Islamic State of Iraq and Syria lution before us, which directs the President to shall be removed by the President if the Con- (ISIS); preventing Iran from achieving a nu- terminate immediately the use of United gress so directs by concurrent resolution.’’ clear weapons capability; and supporting the States Armed Forces to engage in hostilities in The military action ordered on Friday, Janu- people of Iraq, Iran, and other countries or against Iran or any part of its government ary 3, 2020, local time by the President to kill throughout the Middle East who demand an or military, unless Congress has declared war Major General Qasem Soleimani, the head of end to government corruption and violations of or enacted specific statutory authorization for Iran’s Islamic Revolutionary Guard Corps, may basic human rights. such use of the Armed Forces; or the use of have rid the world of a major architect of terror For these reasons it is essential that the Ad- the Armed Forces is necessary and appro- but leaves unanswered the critically important ministration have in place a sound, well-con- priate to defend against an imminent armed attack upon the United States, its territories or question of why the action was taken at that sidered, and meticulously developed strategy possessions, or its Armed Forces, consistent time. for managing disputes with Iran. That does not appear to be the case. with the requirements of the War Powers Res- Even at this late hour, members of Con- There is no evidence that the Administration gress have not been briefed or been shown olution. consulted with Congress or the Gang of 8, no Our constituents, all Americans across the compelling evidence by the Administration that evidence that it enlisted or even consulted our country, and the people of the globe are look- the action was necessary to repel a credible, allies in NATO or the region, no evidence that ing to us to ensure that tensions between the certain, and imminent attack on the United the Administration has a working and well- United States and Iran are deescalated, that States, its allies, or American civilians or mili- functioning national security council apparatus. smart power and diplomacy be employed, and tary personnel. This is a critical Pottery Barn failure in deal- every effort be made to ensure the peace and The Administration has yet to provide proof ing with the Middle East for as former Sec- safety in America and the region, and the lives or assuage the concerns of most member of retary of State Colin Powell stated before the of the innocent not be placed at risk. Congress, and of the American people, that Iraq War, ‘‘If you break it, you bought it.’’ Madam Speaker, today our Nation is debat- the killing of Major General Soleimani was a Iran Supreme Leader Ayatollah Khamenei ing the very profound question of war and necessary action that was the product of a has vowed that a ‘‘harsh retaliation is waiting’’ peace and the structure and nature of inter- carefully crafted geopolitical strategy devel- for the United States as a consequence of the national relations in the 21st century. Before oped after extensive discussion within the na- action taken by the Administration. us today is the serious and fundamental ques- tional security apparatus regarding the short It is imperative that the Administration have tion of life and death: whether or not this Con- and long-term consequences for the security in place a strategy to counter and deescalate gress will give the President authority to com- of the region and our nation and its people. any Iranian response and have in place meas- mit this Nation to war. Similarly, we do not know whether the deci- ure to protect the safety of Americans residing Always a question of the greatest impor- sion to engage in the hostile action against or travelling abroad and to protect the security tance, our decision today is further weighted Iran was made by the President in consulta- of the homeland. by the fact that we are being asked to sanc- tion and agreement with our regional and The deliberate and targeted killing of Major tion a new foreign policy doctrine that gives international allies and whether there is now in General Soleimani has the potential to be the the President the power to launch a unilateral place a strategy to ensure that the action most consequential assassination of a political and preemptive first strike against Iraq before taken does not lead to a greater escalation of leader since World War I was started by the we have utilized our diplomatic options. tensions between Iran and the United States assassination of Archduke Franz Ferdinand My amendment provides an option and the or in the worst case, another war in the Middle Carl Ludwig Joseph Maria of Austria, the heir time to pursue it. Its goal is to give the United East placing at risk the lives and safety of mil- presumptive of the throne of Austria-Hungary Nations inspections process a chance to work. lions of persons. in 1914. It provides an option short of war with the ob- Madam Speaker, Major General Soleimani One of the enduring lessons of the Great jective of protecting the American people and was the long-time chief of the Quds Force, the War too often forgotten but so well docu- the world from any threat posed by Iraqi elite special forces battalion of the Islamic mented in Barbara Tuchman’s prize-winning weapons of mass destruction. Revolutionary Guard Corps (IRGC), assisted history, ‘‘The Guns of August,’’ is that mis- The amendment urges the United States to Syrian strongman Bashar al Assad slaughter conceptions, miscalculations, and mistakes re- reengage the diplomatic process, and it hundreds of thousands of his own people in sult in the tragedy of horrific warfare; among stresses our government’s commitment to the Syrian civil war, helped incite the Houthis them are overestimating the value of one’s eliminating any Iraqi weapons of mass de- in Yemen’s civil war, and oversaw the brutal economic power, harboring an ill-founded be- struction through United Nations inspections killing of hundreds of Iraqi protesters recently lief in quick victory, and a failure to consider and enhanced containment. demonstrating against Iranian influence in their political backlash warfare. It emphasizes the potentially dangerous and country. Madam Speaker, the decision to send disastrous long-term consequences for the Iran’s Quds Force, under Soleimani’s lead- American men and women into harm’s way is United States of codifying the President’s an- ership, has long been suspected by the U.S. the most consequential decision the Constitu- nounced doctrine of preemption. Government of involvement in a 2011 plot to tion vests in the Congress and the President. The administration’s resolution forecloses al- assassinate the Saudi ambassador to the Members of Congress must be apprised of ternatives to war before we have even tried to United States and bore responsibility for the all facts material to the decision and have ac- pursue them.

VerDate Sep 11 2014 01:39 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00031 Fmt 4634 Sfmt 9920 E:\CR\FM\A09JA7.017 H09JAPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H98 CONGRESSIONAL RECORD — HOUSE January 9, 2020 We do not need to rush to war, and we fearsome step and really setting such a ter- Soleimani was a malign actor who should not rush to war. If what we are worried rible international precedent that could be dev- masterminded the killings of many about is the defense of the United States and astating for global stability and for our own U.S. soldiers, but assassinating him its people, we do not need this resolution. moral authority. has unleashed the dogs of war. Iran If the United States truly faced an imminent We are contemplating sending our young launched a dozen ballistic missiles attack from anywhere, the President has all of men and women to war where they will be against two U.S. military bases in Iraq, the authority in the world to ensure our de- doing the killing and the dying. And we, as and we must be prepared for further fense based on the Constitution, the War representatives of the American people, have Iranian retaliation. Powers Act and the United Nations Charter. no idea where this action will take us, where These threats stem from the Presi- Our own intelligence agencies report that it will end and what price we will pay in terms dent’s fateful and reckless decision to there is currently little chance of chemical and of lives and resources. This too should cause withdraw from the Iran nuclear deal, a biological attack from Saddam Hussein on us to pause. We have choices, however, and deal that was working by every meas- U.S. forces or territories. But they emphasize we have an obligation to pursue them, to give ure, leaving us with no leverage and that an attack could become much more likely U.N. inspections and enhanced containment a Iran with nothing to lose. if Iraq believes that it is about to be attacked. chance to work. What this resolution does We don’t need another war. Peace de- This is a frightening and dangerous potential state very clearly and firmly is that the United mands action now. That is why Con- consequence that requires sober thought and States will work to disarm Iraq through United gress must reassert its solemn con- careful reflection. Nations inspections and other diplomatic tools. stitutional duty under Article I to de- President Bush’s doctrine of preemption vio- It states that we reject the doctrine of preemp- cide when and where the United States lates international law, the United Nations tion, and it reaffirms our commitment to our goes to war. This resolution does just Charter and our own long-term security inter- own security and national interests through that. ests. It will set a precedent that could come multilateral diplomacy, not unilateral attack. Madam Speaker, I urge my col- back to haunt us. I urge you to protect our national interests leagues to support it. Do we want to see our claim to preemption by giving the United Nations a chance by sup- Madam Speaker, on Tuesday night, Iran echoed by other countries maintaining that porting this amendment. launched at least a dozen ballistic missiles they perceive similar threats? India or Paki- Mr. MCCAUL. Madam Speaker, I against two U.S. military bases in Iraq. stan? China or Taiwan? Russia or Georgia? Thankfully, there were no American casual- yield 11⁄2 minutes to the gentleman I would submit that we would have little ties, but I remain concerned about further Ira- moral authority to urge other countries to re- from South Carolina (Mr. WILSON). Mr. WILSON of South Carolina. nian retaliation. sist launching preemptive strikes themselves. These attacks come after President Trump This approach threatens to destabilize the Madam Speaker, this week, universally respected Senator Joe Lieberman, a ordered a drone strike that assassinated Ira- Middle East, unleash new forces of terrorism nian Quds Force commander Major General and instability and completely derail any pros- Democrat, provided an extraordinary op-ed in The Wall Street Journal: Qasem Soleimani. pects for peace in the region. Soleimani was a bad actor and master- ‘‘President Trump’s order to take out Unilateralism is not the answer. Iraqi weap- minded the killings of many U.S. soldiers in Qasem Soleimani was morally, con- ons of mass destruction are a problem to the Iraq and Lebanon. He will not be missed. world community, and we must confront it and stitutionally, and strategically correct. But killing Soleimani was supposed to make we should do so through the United Nations. . . . No American can dispute that us safer. In reality, the President’s order has Multilateralism and steadfast commitment to Soleimani created, supported, and di- unleashed the dogs of war. international law should be the guiding prin- rected a network of terrorist organiza- What is unfolding now is the result of the ciple as we move into the 21st century. tions that spread havoc in the Middle Trump Administration’s incoherent foreign pol- As I said, the purpose of my amendment is East.’’ In Syria, ‘‘more than 500,000 icy, stemming from its fateful and reckless de- to let the United Nations do its work. Let us Syrians have died.’’ cision to withdraw the United States from our give inspections and other containment mech- ‘‘During the Iraq war, Soleimani own agreement, the Iran nuclear deal. anisms a chance to succeed once again. In- oversaw three camps in Iran.’’ These By all accounts, prior to our withdrawal, Iran spections did make real progress in elimi- trained fighters have killed more than was in compliance with the Joint Comprehen- nating weapons of mass destruction in the 600 American soldiers. sive Plan of Action (JCPOA). 1990s despite Saddam Hussein’s best effort at The claim that President Trump It was only after our withdrawal, and re-im- obstruction and deceit. U.N. inspectors de- ‘‘had no authority to order this attack position of sanctions lifted under the agree- stroyed large stockpiles of chemical weapons, without congressional approval is con- ment, that Iran began to exceed its stockpile missiles and weapons of mass destruction. stitutionally untenable and practically of low-enriched uranium, and then resume We can and should renew and expand this senseless. . . . Democrats should leave uranium enrichment. process. In addition to inspections, we should partisan politics at ‘the water’s edge’ Following the Soleimani strike, Iran has improve border monitoring through an en- and . . . stand together against Iran vowed to ignore all restrictions set by the nu- hanced containment system to prevent ship- and dangerous leaders like Qasem clear deal. This move has set in motion the ments of nuclear materials or other weapons Soleimani.’’ very thing we were seeking to avoid—a nu- to Iraq. And we should install surveillance Senator Joe Lieberman tells the clear-armed Iran. technology on the border to detect such mate- truth. We must resist: ‘‘Death to Amer- Our abrogation of the Iran nuclear agree- rials. ica,’’ ‘‘Death to Israel.’’ ment leaves us with no leverage and Iran with As part of enhanced containment, we I extend our sympathies to the fam- nothing to lose. should work with the countries bordering Iraq ily of Nawres Hamid, an Iraqi Amer- Iran and its proxy forces have engaged in a and with regional seaports to ensure that ican Muslim from California, who was series of retaliatory actions: attacks on oil United Nations Security Council resolutions murdered by Soleimani-financed ter- tankers in the Persian Gulf, downing an Amer- are enforced, and we should plug holes in the rorists 13 days ago. ican drone in international waters, cruise mis- current arms embargo blanket. We should Mr. ENGEL. Madam Speaker, I yield sile attacks against Saudi oil plants, and rock- also work on nonproliferation efforts globally to 1 minute to the gentleman from Vir- et attacks against U.S. forces in Iraq. secure weapons materials. ginia (Mr. CONNOLLY), a valuable mem- Secretary of State Pompeo claimed, ‘‘The All of these are diplomatic options that we ber of the Foreign Affairs Committee. world is a much safer place, and I can assure you, Americans in the region are much safer can and should undertake and which can lead b 1515 to success. after the demise of Qasem Soleimani.’’ What we are doing today is building the Mr. CONNOLLY. Madam Speaker, I And yet, in the wake of Soleimani’s killing, framework for 21st century international rela- rise in support of H. Con. Res. 83, di- the State Department has urged Americans to tions. It will either be a framework of recting the President to cease military leave Iraq immediately whether by air or by unilateralism and insecurity or multilateral co- hostilities against Iran. land, and put Americans in the region on high operation and security. It is our choice. Last week, President Trump ordered alert. During the Cold War, the words ‘‘first strike’’ a provocative and disproportionate Two years ago, I warned that we were filled us with fear. They still should. drone strike, killing Quds Force com- sleepwalking into an armed conflict. That the I am really appalled that a democracy, our mander Major General Qasem hidden scandal of the Iraq War—the manipula- democracy, is contemplating taking such a Soleimani. tion of intelligence to support a predetermined

VerDate Sep 11 2014 01:39 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00032 Fmt 4634 Sfmt 9920 E:\CR\FM\A09JA7.019 H09JAPT1 SSpencer on DSKBBXCHB2PROD with HOUSE January 9, 2020 CONGRESSIONAL RECORD — HOUSE H99 outcome—was now an overt political strategy in places like Yemen, Somalia, Paki- I have heard the use of the word ‘‘dis- to undermine the Iran nuclear deal. stan. proportionate’’ from the Speaker. I I fear now that these steps have brought us Oh, by the way, not the theatre of have heard it here today on the House to the brink of war with Iran. war for the United States. Not a peep, floor, and it is just a shocking word to According to Pompeo, ‘‘this was an intel- Madam Speaker, not a peep from the be used to describe what took place. It ligence-based assessment that drove our deci- other side. makes me ask the question: At what sion-making process.’’ The terrorist state of Iran cannot point is it proportionate to take out a Yet, when asked about the imminent threat continue killing Americans and cannot designated terrorist who kills 600 U.S. facing Americans from Soleimani, Pompeo have a nuclear bomb. Madam Speaker, troops, wounds thousands of others, pointed to a previous attack in Iraq that killed it is time to stand up for America and kills and wounds troops recently, and an American contractor and injured four Americans, including this President. his proxies attack a U.S. Embassy? servicemembers, not a new, imminent threat. Mr. ENGEL. Madam Speaker, I yield If anyone has any doubt as to what Yesterday, the Trump Administration offered 2 minutes to the gentleman from Cali- Qasem Soleimani was doing in Iraq at a sophomoric and utterly unconvincing briefing fornia (Mr. SHERMAN), a longtime val- the time we took him out, you can to members of Congress on the strike’s ration- ued member of the House Foreign Af- look at the IRGC’s own words. The ale. fairs Committee. IRGC put out a statement saying that President Trump’s decision to assassinate Mr. SHERMAN. Madam Speaker, this Soleimani and companions were on Soleimani was provocative and dispropor- resolution imposes extraordinary re- their way to ‘‘plan a confrontation tionate and has endangered American lives strictions on this President, an ex- against the new scheme of the Ameri- and the security of the region. traordinary President who needs ex- cans to rebuild Daesh and the Takfiri We don’t need another war. Peace de- traordinary restrictions. groups in order to again disrupt Iraq’s mands action now. This is best exemplified by the Presi- security.’’ That is why Congress must reassert its con- dent’s gratuitous comment that he Who needs an intelligence briefing to stitutional authority to decide when and where would hit cultural sites in Iran. Not determine that this is totally legiti- the United States goes to war. only is that a war crime, but it is a mate? Article I, Section 8 of the United States Con- mistake because it drives the Iranian On behalf of all of those Gold Star stitution states that ‘‘Congress shall have people toward the regime while alien- families and all the Blue Star families, power . . . to declare war . . . and to raise ating our European allies whose sup- of anyone who is deployed now, anyone and support armies’’ and other armed forces. port for our sanctions is critical for who is in harm’s way, if you need And today the House of Representatives will them to work. proof, go to Walter Reed. If you need make clear that Congress has not authorized The minority leader came to this proof, sit down with some of these Gold President Trump to go to war with Iran. floor and said Democrats were dupes of Star families who lost their sons, their Neither the 2001 nor the 2002 Authorization the Islamic Republic. I will compare daughters, their fathers, their mothers, for the Use of Military Force (AUMF) authorize my record of efforts against the Is- their brothers, and their sisters be- the President to attack Iran or its senior offi- lamic Republic of Iran with those of cause of this designated foreign ter- cials. any other Member. rorist running a designated foreign ter- I urge my colleagues in both the House and You could argue whether Soleimani’s rorist organization, who was sanc- the Senate to support this war powers resolu- death makes us safer or not over the tioned by the United States, by EU, tion, and reclaim our solemn constitutional next few months. We have removed a and by the United Nations. duty to determine when the United States puts terrorist mastermind from the battle- I say good riddance. our uniformed men and women in harm’s way. field, but we have inspired the other Why are we having this debate? We Mr. MCCAUL. Madam Speaker, I terrorists. should be coming together, not as Re- yield 11⁄2 minutes to the gentleman The real issue is the effect on Iran’s publicans first, not as Democrats first. from Pennsylvania (Mr. PERRY). program. That program is more robust We should be coming together as Amer- Mr. PERRY. Madam Speaker, I today than it was a week ago, as Iran icans first and voting this down. thank the gentleman from Texas. has employed more centrifuges and is Mr. ENGEL. Madam Speaker, I yield This resolution is insincere and building a larger stockpile, all without 11⁄2 minutes to the gentleman from unserious. If my colleagues on the our European friends, who are still in Michigan (Mr. LEVIN), a valued member other side really want to limit the the JCPOA taking any action against of the Foreign Affairs Committee. President’s ability to defend the United Iran. Mr. LEVIN of Michigan. Madam States, then they ought to take the There was no policy process on the Speaker, I rise in strong support of this vote and limit him and stand for that golf course where the President made resolution sponsored by my good friend vote. this decision. He heard not from a sin- from Michigan, Congresswoman Now, if you are not familiar with ter- gle expert on Iranian politics, religion, SLOTKIN. rorist Soleimani, let me just acquaint or the economy. The Trump administration’s foreign you. Our maximum pressure campaign is policy failures have brought us to the His reign of terror for Americans designed to put such pressure on the brink of war. The administration has started with 241 marines in Beirut, Iranian people that they choose not to provided no evidence to demonstrate Lebanon. He and his organization con- endure it, but demand that the nuclear what imminent threat made Qasem tinued on to the Khobar Towers, hun- program be scaled back or ended, or Soleimani’s assassination and the per- dreds and hundreds of Americans dead that the regime that has that program ilous, predictable fallout necessary. by IEDs and thousands maimed. A be swept away. But they have demonstrated a shock- servicemember from Pennsylvania in- This assassination undercuts that ef- ing dismissiveness as to what is at cinerated—incinerated—in the vehicle fort by building support for the regime stake. that he was in. and its nuclear program with most of On the threat of retaliation from Thank you terrorist Soleimani. the Iranian people by making Iran, Secretary Pompeo said it may be The President does not desire war Soleimani a martyr in front of a Shiite that there is a little noise here in the with Iran or anyone else, but Iran has population, a Shiite religion that lion- interim. President Trump said, if it been fighting us since 1979. izes martyrdom, we increase the likeli- happens, it happens. I have got a news flash for everybody: hood of an Iranian nuclear weapon. To the parents who are worried sick They have been at war with the United Mr. MCCAUL. Madam Speaker, I about their kids serving in the Middle States since they punched us in the yield 11⁄2 minutes to the gentlemen East, it isn’t a little noise. Their chil- face in 1979. from New York (Mr. ZELDIN), a member dren’s lives are at stake. Those stakes Washington has been appeasing Iran, of the Foreign Affairs Committee. make today’s vote necessary. and the policy of appeasement has been Mr. ZELDIN. Madam Speaker, I rise The question before us is simple. Can getting Americans killed since 1979. in strong opposition to this resolution. we let this President drag us into an- 542, that is the number of drone at- I rise in total support of the decision to other war that will cost billions of tax- tacks under the Obama administration remove Qasem Soleimani. payer dollars and, most importantly,

VerDate Sep 11 2014 01:39 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\A09JA7.020 H09JAPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H100 CONGRESSIONAL RECORD — HOUSE January 9, 2020 American lives? Will we at long last so important to justify such a loss and American soldiers and diplomats are stand up and fulfill our constitutional what my uncle must have been think- being kept awake at night worrying. duty to make decisions on war and ing about. The Iraqi people who suffered decades peace? That day carried with me as I trav- of unjust war are now unjustly suf- Madam Speaker, I urge my col- eled to Iraq as a newly elected Con- fering as their country becomes a bat- leagues to vote for this resolution. gressman to visit our troops during a tleground in a proxy war. Mr. MCCAUL. Madam Speaker, I am time of war. I remember having a con- The Iranian people have suffered be- pleased to yield 11⁄2 minutes to the gen- versation with a young marine. I asked cause of maximum pressure and will tlewoman from Missouri (Mrs. WAG- him his personal thoughts about the suffer because of this escalation. NER). goals of the war, what he thought, did John Quincy Adams said: Mrs. WAGNER. Madam Speaker, I he think it was justified. He told me: America goes not abroad in search of mon- rise today in strong opposition to the ‘‘With all due respect, sir, that is your sters. America’s glory is not dominion, but Democrats’ dangerous resolution to un- job. My job is to serve.’’ liberty. dermine our national defense and allow He was right. It is our job. That is This administration has gone abroad unchecked Iranian aggression against why we are debating this, and that is in search of monsters to destroy. May the United States and our allies. why I am supporting this resolution. God show us the way to freedom, inde- This resolution intends to cripple our Mr. MCCAUL. Madam Speaker, I pendence, and peace. ability to protect American soldiers yield 2 minutes to the gentlewoman Mr. MCCAUL. Madam Speaker, I am serving in the Middle East and at- from Wyoming (Ms. CHENEY), the dis- pleased to yield 2 minutes to the gen- tempts to forbid the use of force tinguished Republican Conference tleman from Florida (Mr. MAST), a against Iran, even if they are attacking chair. member of the Foreign Affairs Com- Americans. Ms. CHENEY. Madam Speaker, the mittee. Mr. MAST. Madam Speaker, make no I am shocked and saddened by the measure before us is an unconstitu- mistake, this resolution is about the partisanship of this Chamber. I was tional political stunt meant to under- killing of Soleimani. He was a ter- proud when former President Obama mine the President of the United rorist, no different than al-Baghdadi, succeeded in his decision to kill Osama States. It will not become law, but it then al-Zarqawi, then Osama bin bin Laden in Pakistan. I am proud that will embolden Iran. Laden, then Khalid Sheikh Mohammed. President Trump ended Qasem The Speaker and my colleagues who He was the head of a designated ter- Soleimani’s brutal reign of terror that support this resolution ought to admit rorist organization no different than killed and maimed countless Ameri- to the American people what they are ISIS or al-Qaida. cans and coalition forces and threat- doing, that is, undermining United States defense policy towards Iran. He was responsible for the deaths of ened many more to come. our men and women—and I know most But, instead of uniting behind the Qasem Soleimani, the lead architect in here haven’t seen or smelled or President’s defensive position to strike and overseer of Iran’s web of terror is touched that kind of death, but let me one of the world’s most powerful ter- dead. This terrorist was responsible for tell you about it. They were burned rorists who was organizing attacks the deaths of hundreds of American alive inside of their Humvees. Their against Americans in Iraq, instead, servicemembers, the killing of an lungs were scorched by the flames of many Democrats are arguing that the American citizen in Iraq just 2 weeks the explosions. American President himself is guilty of ago, and the recent assaults against our Embassy in Baghdad. He was en- The vehicle fragments were blown aggression and escalation. This, into their skulls. Some of them were Madam Speaker, is unconscionable. gaged in planning for further deadly at- tacks. paralyzed. Some of them had their These are pictures from the Military arms blown off. Some of them had their Times showing the assault and the But the Democrats in this body are so consumed by their hatred of Presi- legs blown off. Some of them will never burning of our Embassy in Baghdad. see again. Some of them will never be I agree with the President that at- dent Trump that they will not even recognized again by those who knew tacking Americans is never acceptable stand with him in support of the kill- ing of the world’s deadliest terrorist. them previously. and Iran should be held to account. Each and every one of them, they are When American lives hang in the bal- b 1530 the credible explanation for deleting ance, Article II of the Constitution em- Instead, they have suggested a moral this terrorist target from our world. powers the President to use force to equivalence between the United States And no doubt, it is dangerous to take protect and defend our country. and Iran. The Speaker of the House out a terrorist target, but a coward is Madam Speaker, I urge my col- even blamed America, describing the somebody who lacks the courage to en- leagues to oppose this egregious, par- killing of Soleimani as ‘‘an unneces- dure danger. This is the fundamental tisan farce. sary provocation.’’ difference in voting ‘‘yes’’ or ‘‘no’’ Mr. ENGEL. Madam Speaker, I now Madam Speaker, what is a provo- here. yield 1 minute to the gentleman from cation is the introduction of this reso- If you vote ‘‘no,’’ you understand Massachusetts (Mr. KEATING), a valued lution, which shows doubt about Amer- that we would be justified to kill 100 member of the Foreign Affairs Com- ican resolve. It makes war more, not Soleimanis for just one of our heroes mittee, the chair of the Subcommittee less likely. who have been killed by him. The dan- on Europe, Eurasia, Energy, and the Madam Speaker, I urge my col- ger would be worth it. Environment. leagues to stand united as Americans— For those who vote ‘‘yes,’’ they see Mr. KEATING. Madam Speaker, to put partisan stunts aside—and to op- that he has killed hundreds of our serv- today we debate much more than the pose this dangerous resolution. icemembers but can still not find the words on parchment that define our Mr. ENGEL. Madam Speaker, I yield justification to kill him because, un- congressional responsibility. 1 minute to the gentlewoman from like our fallen heroes, they lack the Long before I knew this legal respon- Minnesota (Ms. OMAR). courage to endure danger. sibility, I learned the moral responsi- Ms. OMAR. Madam Speaker, this ad- Mr. ENGEL. Madam Speaker, I yield bility inherent to what must be the ministration says starving the Iranian 1 minute to the gentleman from Mary- most sober and deliberate decision we economy is in defense of human rights, land (Mr. TRONE), a valued member of can humanly muster. when it is an abuse of them; and that the Foreign Affairs Committee. As a young boy, indelibly etched in their withdrawal from the nuclear deal Mr. TRONE. Madam Speaker, I rise my mind is the conversation with my was a demonstration of American lead- today in opposition to an unnecessary grandmother the day she pulled a box ership, when it was an abandonment of war with Iran in support of this resolu- out from underneath her bed, rev- it. tion. erently handing me the medals and Escalation is deescalation, and war is Today, the question before us is: Are final belongings of my uncle who was peace. the American people more safe or less killed in action and telling me about In fact, they are asking us to deny safe after the killing of Qasem her lost son. I wondered then what was reality. The reality is that families of Soleimani?

VerDate Sep 11 2014 01:39 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JA7.058 H09JAPT1 SSpencer on DSKBBXCHB2PROD with HOUSE January 9, 2020 CONGRESSIONAL RECORD — HOUSE H101 As a member of the Foreign Affairs time. But I want the message to be are choosing to stand with their far- Committee, I have significant concerns clear today. We are standing behind left radical base rather than standing about the administration’s inability to our military men and women. We have up against Iran. answer this question and communicate their back, and we will not yield. Mr. ENGEL. Madam Speaker, it is a coherent strategy to avoid war and Mr. ENGEL. Madam Speaker, let me now my pleasure to yield 2 minutes to keep us safe. remind my friend that we, too, cherish the gentleman from California (Mr. The American people have seen no our military and also have their backs. SCHIFF). evidence that killing Soleimani was a Madam Speaker, I yield 1 minute to Mr. SCHIFF. Madam Speaker, I rise result of an imminent threat; no evi- the gentlewoman from New York (Mrs. in support of the resolution. Article I, dence of a discernible political plan for CAROLYN B. MALONEY), chairwoman of Section 8 of the Constitution grants our policy toward Iran moving forward. the Committee on Oversight and Re- Congress the power to declare war. Questions of war and peace are the form. This was not a matter of great con- most fundamental of the issues that Mrs. CAROLYN B. MALONEY of New troversy among the Founders, because come before this Congress. They re- York. Madam Speaker, I rise today in going to war is the most portentous de- quire deliberate and thoughtful deci- support of this resolution. Congress has cision that a nation can make. And in sionmaking. This action by the admin- constitutional authority when it comes our democracy, it is a decision to be istration was not that. to one of the most important decisions undertaken by the people through the Madam Speaker, I urge my col- any of us can make: to send our brave Congress, and not by one person. leagues to vote in favor of this resolu- men and women of the Armed Forces We are all enormously grateful that tion. into harm’s way in service of our coun- no U.S. personnel were killed in Iran’s Mr. MCCAUL. Madam Speaker, I am try. missile strikes, and I hope that the pleased to yield 2 minutes to the dis- Recent events demonstrate just how President will take advantage of the tinguished gentleman from North Caro- important this congressional role is. momentary calm to deescalate the sit- lina (Mr. MEADOWS). When the President decided to strike a uation. Mr. MEADOWS. Madam Speaker, I high-level Iranian official, he made a But we cannot assume peace will thank the gentleman for yielding. decision that was provocative in the hold indefinitely because of the impul- I never thought that I would hear on strongest sense of the word. He did that sive actions of this President which this House floor an apology to the Ira- without any meaningful congressional have so often brought us to the brink nian people for an action that we took consultation. of war. that was justified, taking out a ter- The information that we have re- Qasem Soleimani was a malign force rorist. I cannot believe it. ceived is woefully insufficient, includ- responsible for the death of many And, yet, we just heard that on this ing the notification and the briefing Americans, but after the briefings I House floor. We have a gentleman who provided by senior officials yesterday. have received, I have no confidence gave his legs in service to this country Congress and the American people that there is some broad strategy at and, yet, we are apologizing to the Ira- have no assurance that the President is work, or that the policies of the Presi- nians with a nonbinding resolution acting as part of a well-thought-out dent are doing anything but increasing that is nothing more than a press re- strategy that makes Americans safer the dangers to the American people. lease, Madam Speaker. It has no effect. rather than sets us on a war path. That is a recipe for disaster, one It doesn’t do anything. In fact, the Su- I am deeply opposed to an unauthor- which increases the likelihood of stum- preme Court says that. They know ized war with Iran. That is why I sup- bling into a war that the American that. port this resolution, which reiterates people do not want and Congress has All they are doing is trying to get a that only Congress can declare war and not authorized. press release to keep them from having that we have not done so here. The resolution before the House a primary opponent. This is a sad, sad Mr. MCCAUL. Madam Speaker, I am today is a step toward reasserting our day. And, yet, here we are, having an- pleased to yield 11⁄2 minutes to the gen- constitutional duty to rein in a Presi- other speech to try to take on the tleman from Pennsylvania (Mr. dent whose unilateral actions have iso- President of the United States for ac- RESCHENTHALER). lated us from our allies, increased the tually taking out a terrorist. Mr. RESCHENTHALER. Madam risk of a nuclear-armed Iran, and made I would ask my colleagues opposite: Speaker, I oppose this dangerous reso- us less safe. How many Americans does a terrorist lution. Iran has been at war with us for Finally, I hope the vote today is the have to kill before they join with us? Is 40 years. They held Americans hostage first of a broader reassertion of Con- 600 not enough? Does it have to be in Tehran. They murdered our marines gress’ war powers including the sunset 1,000, 10,000, a million? At some point in Beirut. They killed hundreds, if not or repeal of the 2001 and 2002 Authoriza- we have to stand up and let the long thousands, of American servicemem- tions for Use of Military Force which arm of justice go in and take out these bers in Iraq. have been stretched beyond recogni- terrorists. In recent months, Iran shot down a tion. I am here to tell you today that this U.S. drone, they killed an American It is past time for Congress to do our nonbinding resolution, indeed, they citizen, and they organized an attack job and not simply write the executive want to talk about their constitutional on our embassy. a blank check. I urge a ‘‘yes’’ vote on requirement, well, check with the Su- So let’s be clear: General Soleimani the resolution. preme Court. In 1983, they ruled that was the mastermind behind these at- Mr. MCCAUL. Madam Speaker, I am this has no effect. At least our Sen- tacks. Soleimani was in Iraq claiming pleased to yield 11⁄2 minutes to the gen- ators opposite, they know that. It has imminent attacks on our servicemem- tleman from Kansas (Mr. WATKINS). to be a joint resolution. bers, our diplomats, and our Iraqi al- Mr. WATKINS. Madam Speaker, I And, yet, what is this vehicle nor- lies. spent somewhere around 81⁄2 years in mally designed for? For Soap Box Soleimani was an enemy combatant conflict environments and post-conflict Derbies. Well, at least that accom- and a lawful target. As a Navy JAG, I environments between Iraq and Af- plishes something. All this does is prosecuted terrorists in Iraq. I was ac- ghanistan. And all that time I knew emboldens our enemies to suggest that tually stationed right across from our many people who suffered at the hands the American people are divided. embassy in Baghdad, and I witnessed of Qasem Soleimani. But I am here to tell you that we are these threats on our Armed Forces. So One in particular takes me back to not divided. We are a safer country be- I applaud President Trump, I applaud 2006 or 2007. I was smoking and joking cause of the actions of this President, our warfighters, and I applaud our in- at the embassy in Baghdad. I was doing the decisive actions of this President telligence community for reaching an so with a friend—really a brother, a and our military. incredible outcome against Iran. West Point classmate—who shortly More important than that, this War Soleimani’s death was a win for thereafter went out on a mission and Powers Act that got passed, it was a America, for freedom, and for peace. In was ultimately killed in a complex at- message that came out of a difficult supporting this resolution, Democrats tack perpetrated by Qasem Soleimani.

VerDate Sep 11 2014 01:39 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JA7.060 H09JAPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H102 CONGRESSIONAL RECORD — HOUSE January 9, 2020 I understand that action leads to The Iranian regime has killed over the world. He even attempted ter- risk, but inaction leads to more risk in 600 American troops in Iraq. They have rorism right here in Washington, D.C. the long run. And when searching for killed over 1,500 of their own people for He was the number one threat to this divine strategy, look to what tac- peacefully protesting. They have lied Israel, and he was anti-Semitism per- tical operators know to be true, and to the world about their nuclear arse- sonified. that is, when we go throughout our nal. I knew who Soleimani was when I work on the ground with the assault Appeasing them will only make fu- was in Iraq. We were targeted by rock- rifle in one hand, a sat phone in the ture conflict and bloodshed more like- ets every single day from Iranian prox- other, we need to know that should ly. That is why I wish today, instead of ies trained in, funded by, and armed by anything happen to us, our President is this partisan exercise, that we were Iran and sometimes led by Iranian going to have the freedom to rain fire sending to the Government of Iran a commanders, and fellow Americans down upon our enemies, and I am clearer message that no elected official died. thankful for that. in America is supportive of its behav- The targeting of Soleimani is justice Mr. ENGEL. Madam Speaker, it is ior. for the 609 families who had a son or now my pleasure to yield 1 minute to Mr. ENGEL. Madam Speaker, I yield daughter murdered by this guy and the the gentleman from New York (Mr. 1 minute to the gentleman from Oregon thousands missing an arm or a leg be- ESPAILLAT), an esteemed member the (Mr. DEFAZIO). cause of his savagery. Foreign Affairs Committee. Mr. DEFAZIO. Madam Speaker, In bringing up this resolution, the Speaker said that our targeting of b 1545 President Bush’s invasion of Iraq was the first foreign policy mistake in the Soleimani was disproportionate. It is Mr. ESPAILLAT. Madam Speaker, I history of the United States based on disgusting. This guy killed 609 Ameri- rise in support of the resolution. cans in Iraq alone. He was the master- Without a coherent strategy, such fake intelligence, and President Trump took us to the brink of war with Iran mind. actions as the recent ones that oc- Does it take 100 more? 200 more? 300 with an impulsive act at the end of last curred in Iraq present a dangerous more? It is vile. move toward the United States’ engag- week that would be even more disas- Our strike was also defensive. Gen- ing in a war that the American people trous than the war with Iraq, which is eral Milley said that he saw some of do not want. still reverberating throughout the re- the best intelligence he has ever seen Today, we move to reclaim power gion. and that it clearly showed Soleimani that the executive branch has tried to Some on that side say: Oh, you are was in Baghdad, planning an imminent usurp from Congress. We assert our not with the troops; you are apolo- attack on Americans. To deny this is constitutional authority to determine gizing. to call General Milley a liar. if the country ought to go to war, and No, we are not. We are reasserting This resolution weakens America and we send a message loud and clear that the constitutional duty that we are gives hope to the Ayatollah that we we do not want to go to war. sworn to in this House of Representa- don’t have the resolve to stand up to We will not engage in reckless hos- tives. Congress and only Congress can these attacks. A house divided will not tilities to endanger American lives, declare war. Once we have declared stand. I pray wise leadership prevails American interests, and our American war, then the President of the United and that we unify to oppose Iranian values without fully evaluating immi- States as Commander in Chief can con- terror that murdered hundreds of our nent threat. We must continue to as- duct it, as much as this gentleman fellow citizens. sert that, without new authorizations could. Mr. ENGEL. Madam Speaker, I yield from Congress, this administration This is just a step. We need to repeal 1 minute to the gentlewoman from cannot engage in offensive military ac- the Authorization for Use of Military California (Ms. LEE), who has worked tions. That is what our Framers in- Force against Iraq based on fake intel- very hard on these issues for many tended. ligence because that was his lawyer’s years. Mr. MCCAUL. Madam Speaker, I rationalization of why they could do Ms. LEE of California. Madam yield 2 minutes to the gentleman from this in Iraq, a sovereign nation, with- Speaker, I thank the chairman for Texas (Mr. HURD), who is a former CIA out their permission. yielding and also for his tremendous officer. We also have to reform the War Pow- leadership. Mr. HURD of Texas. Madam Speaker, ers Act because the War Powers Act Madam Speaker, I rise in strong sup- right now is not the time for a partisan itself does not reflect our constitu- port of H. Con. Res. 83. This critical exercise that could be used as propa- tional authority. resolution helps put a check on this ad- ganda by the ayatollahs. Instead, Con- Finally, we have to pass an amend- ministration’s reckless and irrational gress should be united in condemning a ment to prohibit a hostile action unauthorized military actions against regime that has been attacking Amer- against Iran without authority from Iran. ica and our allies for 40 years. Congress. The American people do not want, Qasem Soleimani was the head of the Mr. MCCAUL. Madam Speaker, I and we cannot allow, another unneces- most dangerous and well-armed ter- yield 2 minutes to the gentleman from sary war of choice in the Middle East. rorist organization in the world, and Nebraska (Mr. BACON). This resolution is an important step in his death has removed a major ter- Mr. BACON. Madam Speaker, I op- our efforts to prevent that from hap- rorist leader off the battlefield. This pose this resolution that is designed to pening. This will restore our constitu- decision followed repeated rocket at- embarrass our President in front of the tional duty over military action. tacks by Iranian proxies on American world and, in reality, gives comfort to Also, we must take up my bill, H.R. forces and an attempt to storm our em- Iran’s leadership. It weakens America 2456, to repeal the 2002 AUMF and Con- bassy in Baghdad. and emboldens our enemies. gressman KHANNA’s bill to prohibit any This decision was based on intel- This resolution is not needed. The funds for a war with Iran, absent an ex- ligence that our Chairman of the Joint War Powers Act is still in effect, and plicit authorization. My 2002 AUMF Chiefs of Staff has described as compel- the President is not conducting combat amendment was included with bipar- ling, imminent, and very clear, as operations against Iran. He wants dees- tisan support in the House and passed Soleimani was planning attacks calation; he does not want war. in the 2020 NDAA bill, but it was against our troops. This is an assess- He is not doing what President stripped by Republicans from the final ment with which I concur. Obama did in Libya. What the Presi- bill. Now, I know why. No one wants another war in the Mid- dent did was a onetime defensive oper- Madam Speaker, this administration dle East. Instead of tying the hands of ation, when he targeted General has falsely claimed that the 2002 AUMF our military, we should be sending a Soleimani. could be used as a congressional au- strong message to the Iranian regime Let us be clear: Soleimani murdered thorization to attack Iran, which is that there will be consequences for 609 Americans in Iraq. His proxies at- completely outrageous. their reign of terror, and we will pro- tacked our embassy, and the Quds The SPEAKER pro tempore. The tect our citizens at all costs. Force he commanded shed blood across time of the gentlewoman has expired.

VerDate Sep 11 2014 01:39 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JA7.062 H09JAPT1 SSpencer on DSKBBXCHB2PROD with HOUSE January 9, 2020 CONGRESSIONAL RECORD — HOUSE H103 Mr. ENGEL. Madam Speaker, I yield Is it to get them to come back to the ment in Iraq, and then we need to bring the gentlewoman an additional 15 sec- negotiating table on the nuclear pro- our troops home. onds. gram? Well, we are further away from We certainly don’t need another war. Ms. LEE of California. Madam that goal now because they have an- If we do go to war, it needs to be with Speaker, let me be clear: U.S. military nounced they are no longer going to the blessing and the support of the peo- deployment and operations carried out abide by limits on the nuclear pro- ple and a mission that our soldiers can pursuant to the 2002 AUMF officially gram. accomplish. concluded in 2011. Maintaining this au- Is the goal to get the regime to col- We do that by following the vision of thorization is not only dangerous, but lapse? We are further from that goal, our Founding Fathers: We debate it it is irresponsible. too, because the Iranian people who here on the floor of the House. Madam Speaker, it is past time to re- previously were protesting their gov- That is what this resolution is about, turn to diplomacy and end these end- ernment are rallying behind their lead- and I urge my colleagues to vote ‘‘yes.’’ less wars, and I urge an ‘‘aye’’ vote on ership. Mr. MCCAUL. Madam Speaker, I H. Con. Res. 83. Or is the goal to work with our allies yield 2 minutes to the distinguished Mr. MCCAUL. Madam Speaker, I to contain Iran? Well, we are further gentleman from Louisiana (Mr. SCA- yield 11⁄2 minutes to the gentleman away from that goal, too, because the LISE), who is the Republican whip. from Mississippi (Mr. PALAZZO), who is Iraqi parliament just voted to kick us Mr. SCALISE. Madam Speaker, I a Marine veteran of the Persian Gulf out of their country. thank my colleague from Texas for war and a current member of the Mis- Madam Speaker, we are less safe yielding. sissippi National Guard. than we were a week ago. Vote ‘‘yes’’ Madam Speaker, I rise in strong op- Mr. PALAZZO. Madam Speaker, I on this bipartisan resolution. position to this resolution. If you look rise today in strong opposition to this Mr. MCCAUL. Madam Speaker, I at what they are attempting to do, resolution. yield 1 minute to the gentleman from there has been a lot of talk about the Let’s be clear with the American peo- South Carolina (Mr. DUNCAN). 2002 AUMF, Madam Speaker, and I am ple: Democrats wrote this bill before Mr. DUNCAN. Madam Chair, many of sure, as Congress has over the years, being briefed by senior intelligence of- the senior leadership on the other side we will continue to have a healthy de- ficials on the strike that eliminated of the aisle voted for the 2002 AUMF on bate over what that proper role should Soleimani, a well-known terrorist. Iraq, including the chairman of the be of Congress as it relates to the 2002 At the end of the day, we all know Foreign Affairs Committee, the major- AUMF. But that is not what this de- that this man was responsible for the ity leader, and the chairman of the bate is about. death of thousands of individuals, in- Permanent Select Committee on Intel- When you read the resolution, in cluding over 600 American servicemem- ligence. fact, just by its own name, this is not bers. President Trump was absolutely The AUMF in 2002 gave this Presi- an act of Congress. This isn’t even right to respond and acted within his dent every bit of authority he needed changing the law. So if you want to constitutional authority to protect to go after a terrorist in Iraq. In fact, have a sincere debate over what that American citizens. He owes no one an the terrorist that he killed, Soleimani, power should be that Congress gave to apology. Feelings can be healed, but was designated under Barack Obama the executive branch, then let’s have dead Americans cannot be resurrected. Executive Order No. 13224 as a Spe- that debate. But don’t try to pass some My question for those on the other cially Designated Global Terrorist in fig leaf resolution that is only intended side of the aisle who are hellbent on 2011. to try to undermine the President in undermining this President over polit- Where was the outrage when Presi- the middle of a conflict with the ical differences is: How many more dent Obama was using the same AUMF world’s largest state sponsor of ter- Americans did you want to die before as justification for dropping bombs in rorism, Iran. President Trump acted? countries like Yemen or Syria, or vio- There is no dispute about how bad of Let’s reflect. President Obama au- lating the sovereign airspace of Paki- an evil terrorist Soleimani was, yet thorized over 540 drone strikes, killing stan, which we all agreed with, but vio- here you hear all of these equivo- over 3,700 people and more than 320 ci- lated the airspace of Pakistan to go in cations: Oh, Soleimani was bad person vilians. Not a single one was author- and kill Osama bin Laden? but. ized by Congress. We were fine with that. This is a Spe- Madam Speaker, how can you sit As a veteran and member of our cially Designated Global Terrorist who here and try to apologize for the things United States military, I am ashamed deserved death after he was responsible that he did by saying that taking him of the behavior I am witnessing now. for 600-plus American deaths, atrocious out was wrong? Our military deserves better, and so do and abysmal acts. This world is a safer place with the American people. During a time Mr. ENGEL. Madam Speaker, I yield Soleimani gone. If you want to apolo- when our country should unite behind 1 minute to the gentleman from Ken- gize to anybody, go apologize to the our Commander in Chief, this resolu- tucky (Mr. MASSIE). families of those hundreds of men and tion turns us against ourselves. I sup- Mr. MASSIE. Madam Speaker, there women in our uniform who are dead at port our men and women in uniform are two times we are going to be called the hands of Soleimani, not only the and hope my colleagues on the left will to account for our votes here in Con- people whom he had already killed but come to their senses to do the same. gress. One is at our next election; the the even more Americans whom at the Mr. ENGEL. Madam Speaker, I yield other is when we draw our last breath very time of his death he was plotting 1 minute to the gentleman from Cali- of air. I am more concerned about the to kill. fornia (Mr. TED LIEU), who is a distin- latter. guished member of the Foreign Affairs This vote isn’t about supporting or b 1600 Committee. opposing President Trump. I voted for How much is enough? At what point Mr. TED LIEU of California. Madam President Trump. I plan to vote for do we say: Take him off the face of this Speaker, I thank Chairman ENGEL for President Trump again. planet so he can’t kill more innocent his leadership. This vote is about exercising our con- people? That is what was ultimately I previously served in Active Duty in stitutional authority. More impor- done. the United States military, and if we tantly, it is about our moral obligation We support President Trump in his are going to put our troops in harm’s to decide when and where our troops efforts at keeping America safe, just way, we better have a strategy. Unfor- are going to be asked to give their like we supported President Obama tunately, we don’t have a strategy lives. when he took out Osama bin Laden, an- from the Trump administration. We Congress needs to do more of what we other evil terrorist who had the blood just have reckless and impulsive deci- are doing here today. We need to de- of thousands of Americans on his sionmaking by the President. bate our involvement in Afghanistan, hands. Let me just ask a very simple ques- and then we need to bring our troops If we are going to be serious about tion: What are our goals with Iran? home. We need to debate our involve- keeping this country safe, absolutely,

VerDate Sep 11 2014 01:39 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JA7.064 H09JAPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H104 CONGRESSIONAL RECORD — HOUSE January 9, 2020 there is a role for Congress to play, but ligence background, know that The value and the beauty and the ex- you have got to support the efforts of Soleimani was somebody whom we do quisite nature of a concurrent resolu- your Commander in Chief to carry out not mourn the loss of. He did very evil tion is that it does not have to be his constitutional duty which he has to things in the world. But we also know signed by the President of the United keep this country safe. that when we take an action, we have States. The Congress of the United Mr. ENGEL. Madam Speaker, I yield to understand the ramifications of it. States, in its full power and full voice, 1 minute to the gentlewoman from Others could have taken Soleimani can speak in a united way about what California (Ms. PELOSI), Speaker of the out. Israel could have taken Soleimani the War Powers Act should look like, House. out, but they didn’t. They didn’t. and that should count for something to Ms. PELOSI. Madam Speaker, I So, that has happened. That is where our colleagues who serve in the Con- thank the gentleman for yielding, and it is. As we go forward, it is really im- gress of the United States. So, under I thank him for his leadership in bring- portant for us to address the param- the authority of the War Powers Act ing this important opportunity for us eters of the War Powers Act, and that that gives us this option, we take this to express our concern about the Presi- is what we are doing here today. opportunity to do so. dent’s actions. I salute him and the The Members of Congress have seri- I implore the administration to work support on the other side of the aisle ous and urgent concerns about the ad- with Congress to advance immediate, for this legislation. ministration’s decision to engage—I effective, deescalatory strategy that As we know, last week, the Trump use the term ‘‘decision’’ loosely—to en- prevents further violence. administration conducted a provoca- gage in hostilities against Iran, and it I also salute this resolution because tive and disproportionate military air- is about a lack of strategy. What is the it does give opportunity for the admin- strike targeting high-level Iranian strategy to move forward? istration to act under certain cir- military officials, and he did so with- Again, they did not consult with Con- cumstances which are part of the War out consulting Congress. gress. They gave a presentation that, Powers Act. When I first heard from the adminis- by their own side of the aisle, has been Madam Speaker, in December, a tration, the Secretary of Defense and described as demeaning and the worst. group of us, in a bipartisan way, trav- the Chairman of the Joint Chiefs, I And then they tell Members to go read eled to Belgium and Luxembourg to ob- said: Why did you not consult Congress the classified documents. serve the 75th anniversary of the Bat- in this change in approach? Classified? Why are these documents tle of the Bulge and who served in that They said: Because we had to keep classified? Why can’t the American battle. One of our Members, ANNIE this close. We had to keep this close. people know? KUSTER, her father served in that, and You had to keep it close from the We understand redactions of sources she has letters from him at that time. Gang of 8, the leadership of the Con- and methods and the rest, but, if you Other Members, on both sides of the gress? read that document, you would know aisle—Mr. SETH MOULTON, his grand- We had to keep it close because we there is no reason for it to be classi- father served in the Battle of the didn’t want the word get out. fied; and without going into any sub- Bulge—also on the Republican side of Well, we deserve the respect from the stantive matters of what happened yes- the aisle, the House and in the Senate. administration, and the Congress de- terday in the classified briefing, it is And why I bring it up is this. That serves, by dint of the Constitution, the fair to say that Members were told to Battle of the Bulge was a decisive bat- requirement of the administration to go read other documents which are re- tle in World War II. It was a surprise consult with Congress. dacted and, in many cases, classified attack, really, by the Germans. It was We know full well, better than many unnecessarily. a bloody battle. We lost 19,000 Ameri- in the administration, the importance Our concerns were not addressed by cans—19,000 Americans—in that Battle of classified information. We know the President’s insufficient War Powers of the Bulge. that we are supposed to support authorization, which was classified in On the days that we were there, when sources and methods. We also know its entirety, leaving the Congress and I was listening to the description of it that the consultation that they would the public in the dark about our na- from the veterans who served, it sound- give to us does not enable us to divulge tional security, and our concerns were ed almost like Washington crossing the any information. not addressed by the administration’s Delaware, because it was December, as So who are they keeping it close briefing yesterday. it was in the United States in the be- from? They admitted, this administra- Today, to honor our duty to keep the ginning of our fight for independence. tion, they were keeping it close from American people safe—that is our first Supplies were insufficient. The camou- the Congress of the United States, and responsibility, to protect and defend; flage for snow was not adequate. Our they did so. we must keep the American people veterans, our then men in uniform Now, they did a classified presen- safe—the House will pass a War Powers were exposed—nurses, too. And it was a tation yesterday, which their own Resolution to limit the President’s triumph that was very decisive in party members, Republican Senators, military actions regarding Iran. World War II. said it was the most demeaning and Congress is reasserting our long-es- And why I bring it up is because, worst classified briefing that they had tablished oversight responsibilities as when there was the observance of it—it had. I, myself, think there is stiff com- we mandate that, if no further Con- was parts of 3 days we were there for it. petition for that designation of ‘‘worst gressional action is taken, the adminis- But at the close of it, there was a cere- presentation’’ by this administration tration’s military hostilities with re- mony that included a speech by the in a classified briefing. gard to Iran must end. King of Belgium, the Grand Duke of But all that is to say that the Con- We salute Congresswoman SLOTKIN Luxembourg—two of the places where stitution of the United States calls for for her leadership in this resolution. this all took place—and the President there to be cooperation when we decide She is a former CIA and Department of of Germany, who spoke beautifully about initiating hostilities. Congress Defense analyst specializing in Shiite about Germany now, saying: When you has the right to declare war. When do militias, who served multiple tours in freed Luxembourg and Belgium, you you decide that it is war? When do you the region under both Democratic and also freed the Germans. decide it is just hostilities? When does Republican Presidents. What a beautiful statement. that end? What line do you cross? It is important to know, because I But the close of it was from a veteran But, with the President’s actions last heard the distinguished whip on the who served in the Battle of the Bulge, week, he endangered our servicemen other side of the aisle ask: How come it in his nineties. He was a teenager in and -women, our diplomats and others is just a concurrent resolution? It is the war. We saw the foxholes in which by taking a serious risk of escalation because, under the War Powers Act, they fought, they lost their comrades of tensions with Iran. that is one of the options that is pro- in arms. He talked about the brother- This does not come with any respect vided. You can do a joint resolution, hood, and he talked about allies, and for Iran. We know what bad actors they House resolution, or you can do a con- he talked about the fight. At the end of are in the world. I, from my intel- current resolution. the speech, the veteran said: I don’t

VerDate Sep 11 2014 01:39 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JA7.066 H09JAPT1 SSpencer on DSKBBXCHB2PROD with HOUSE January 9, 2020 CONGRESSIONAL RECORD — HOUSE H105 know if I should say this, but I will. My b 1615 Mr. ENGEL. Mr. Speaker, I yield 1 message to all of you is pray for peace. Mr. CLYBURN. Mr. Speaker, I thank minute to the gentleman from Texas Pray for peace. my friend for yielding the time. (Mr. CASTRO), the vice chair of the For- That is what we should be doing is Speaking out against the Vietnam eign Affairs Committee, and the chair moving toward peace, not escalation of War in 1967, Dr. Martin Luther King, of the Subcommittee on Oversight and hostilities where that can be avoided. Jr. implored: ‘‘We must move past in- Investigations. Not because we believe that the other decision to action. We must find new Mr. CASTRO of Texas. Mr. Speaker, side has good motivations or that ways to speak for peace. If we do not in the last few days, the American peo- Soleimani was not a bad person. act, we shall surely be dragged down ple have been unwillingly taken to the It is not because of what they are; it the long, dark, and shameful corridors brink of war at the direction of this ad- is because of who we are as Americans: of time reserved for those who possess ministration. a country that is committed to peace power without compassion, might Through reckless actions, the White and security and prepared to protect without morality, and strength with- House has unified the Iranian public, and defend, as President Kennedy said, out sight.’’ alienated our partners in Iraq and Eu- fight any fight, fight any foe, pay any Dr. King’s words are just as apropos rope, undermined the fight against price to keep the American people safe, today. President Trump, in ordering a ISIS, and left the United States more but to not be frivolous and cavalier significant military strike, without isolated than before; all in just 1 week, about how we decide to show strength seeking authorization, or even con- and without the consent of this Con- when it really is more of an escalation sultation with Congress, has brought gress. than a deescalation. us to the brink of war. This is a grave and serious moment So it is sad because you would think The Constitution of this great coun- in our country. that, any time we would engage in such try gives the solemn power to declare Two days ago, our brave men and an important change in approach, we war to the people’s representatives in women in uniform came under fire would be working together, consulting Congress, not one person in the White from 22 Iranian missiles, in harm’s way together, respecting the approach that House, whoever that might be. because of their Commander in Chief. each side takes to all of this and, hope- With this resolution, Congress is act- Every American owes a debt of grati- fully, just be on one side of it all. ing to uphold our constitutional re- tude to our military for its courage and So I think this is very important. It sponsibility. If the President believes sacrifice. For that reason, a decision doesn’t do everything, and it is said: military action against Iran is war- that risks troops’ well-being must only Well, it doesn’t do this; it doesn’t do ranted, this resolution, and the Con- be made thoughtfully and with the in- that. stitution, require him to make the case formed consent of the public and this We should never be judging legisla- to Congress and receive authorization. Congress. tion, necessarily, for what it doesn’t Mr. Speaker, I truly regret that we As a Member of Congress, my biggest do, but respecting it for what it does find ourselves in the position we are priority is to protect the safety of the do, and what this does is very impor- today. The Trump administration’s American people, at home and abroad. tant for the security of our country. policy toward Iran, abandoning the nu- This can only be done by defending Madam Speaker, I urge a ‘‘yes’’ vote. clear deal rather than building on it, Congress’ constitutional authority Mr. MCCAUL. Madam Speaker, I while escalating tensions instead, is an over declaring war. yield 1 minute to the gentleman from unwise application of American power, For that reason, I urge us to support Alabama (Mr. ROGERS), the ranking might, and strength. this resolution. The strike against General member of the Committee on Home- Mr. MCCAUL. Mr. Speaker, I yield 1 land Security. Soleimani, a bad man who no American minute to the gentleman from Lou- mourns, drags us closer to another Mr. ROGERS of Alabama. Madam isiana (Mr. ABRAHAM). Speaker, I thank the ranking member. long, dark, and shameful corridor to an Mr. ABRAHAM. Major Ronald Cul- Madam Speaker, I rise in strong op- unnecessary war. ver, Jr., Corporal Justin Mixon, Ser- Mr. Speaker, I urge the adoption of position to this brazen political stunt. geant Joseph Richard, III, Sergeant the resolution. Qasem Soleimani was a vicious ter- Terrell Gilmore, Staff Sergeant Jarred Mr. MCCAUL. Mr. Speaker, I am rorist who built a cult following on the pleased to yield 1 minute to the gen- Fontenot, Corporal William Crouch, backs of dead Americans. He armed Private Mark Graham, Staff Sergeant tleman from California (Mr. MCCLIN- Hezbollah, KH, and other Iranian prox- Ronnie Sanders, Staff Sergeant Jacob TOCK). ies who killed American troops and our Mr. MCCLINTOCK. Mr. Speaker, our McMillan, Sergeant Joshua Madden, allies throughout the Middle East. The Constitution is clear that only Con- Sergeant Jay Gauthreaux, Private Homeland Security and Defense De- gress can start a war, but only the Joshua Burrows, Corporal Joseph partments have kept close watch on his President can wage it. Congress started Dumas, Lance Corporal Jon Bowman, terror campaigns for years. this war with the AUMF in 2002. It is Lance Corporal John Hale, Sergeant Soleimani was not visiting Baghdad still in effect. Matthew Vosbein, Sergeant First Class because it was a great holiday destina- The Founders didn’t want one indi- Terry Wallace, Sergeant Brandon Tee- tion. He was there to meet the leader vidual getting us into a war; but once ters, Lance Corporal Derrick Cothran, of a terrorist group that killed an in it, they didn’t want 535 squabbling Staff Sergeant Bryan Lewis, Sergeant American just days before. prima donnas second-guessing every Julia Atkins, Sergeant Willard Par- Our President used the law and his decision on the battlefield. tridge, Corporal David Stewart. constitutional authority as Com- President Trump needed no other The SPEAKER pro tempore (Mr. mander in Chief to eliminate this ter- reason to order the attack that killed BROWN of Maryland). The time of the rorist mastermind before he could kill Soleimani in Iraq, beyond the simple gentleman has expired. again. fact that he was acting as an enemy Mr. MCCAUL. Mr. Speaker, I yield Democrats immediately responded by combatant against U.S. forces in a war the gentleman from Louisiana an addi- doubting our intelligence and dis- zone in which the Congress had author- tional 30 seconds. missing the expertise of our military ized the President to take military ac- Mr. ABRAHAM. Sergeant David Mur- leaders. Now they bring this resolution tion. ray, First Sergeant Michael Bordelon, to the floor that maligns our Presi- I happen to believe the AUMF was a Sergeant Nicholas Olivier, Sergeant dent, undermines our national secu- colossal mistake, but this resolution Seth Trahan, Staff Sergeant Jonathan rity, and makes a martyr of a man who doesn’t correct that mistake. It com- Reed, Sergeant Christopher Ramsey, killed nearly 600 Americans. pounds it by deliberately undermining Sergeant Michael Evans, Sergeant Rob- Mr. Speaker, I urge a ‘‘no’’ vote. the position of the United States Gov- ert Sweeney, Staff Sergeant William Mr. ENGEL. Mr. Speaker, I yield 2 ernment and the Armed Forces that we Manuel. minutes to the gentleman from South sent to Iraq at a perilous moment, Mr. ENGEL. Mr. Speaker, I yield 1 Carolina (Mr. CLYBURN), the majority which makes it not only unconstitu- minute to the gentlewoman from Penn- whip. tional, but disgraceful. sylvania (Ms. HOULAHAN), a valued

VerDate Sep 11 2014 01:39 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JA7.067 H09JAPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H106 CONGRESSIONAL RECORD — HOUSE January 9, 2020 member of the Foreign Affairs Com- less military strike can incentivize Ms. SCHAKOWSKY. Mr. Speaker, it mittee. countermeasures, not just in the imme- is past time for Congress to exert our Ms. HOULAHAN. Mr. Speaker, I rise diate region, but thousands of miles authority over the questions of war in support of the resolution before us away by Iran’s proxies. Wise use of and peace; and I am proud to vote for today. force matters. this concurrent resolution to invoke Article I, Section 8 of the Constitu- Without congressional authorization, the War Powers Act in order to re- tion states: ‘‘Congress shall have the and in defiance of our Constitution, strain this reckless President. power to declare war.’’ The Founders this President ordered an unprece- This vote would halt military oper- were unequivocal. Only Congress has dented strike on Iran’s top generals. ations and force the President to come the power to authorize acts of war. There is no doubt Soleimani was a to Congress to authorize any further Today, we bring forth this resolution fierce enemy of liberty. However, this acts of war. to honor our Founding Fathers’ vision Lone Ranger attack by the President The President, remarkably, said: for our country, for our government, risks all-out war, greater instability in ‘‘All is well.’’ one whose very survival hinges on the Iraq and Iran, losing the edge we have Well, Mr. President, it is not well. separation of powers and each branch’s gained at such great cost; and some of Iran announced that it would withdraw respect for the others’ authority. those names have been put on the from the nuclear agreement and will At this moment we, as a Congress, RECORD today. begin to resume its nuclear weapons We must protect against further at- have an opportunity to pursue de- plan. The United States has been tacks on our servicemembers and at- escalatory actions that protect the forced to stop its actions against ISIS. tacks on U.S. assets, wherever they lives of our Armed Forces, diplomats, Iraq is likely to expel the United might exist. States from its country, fulfilling what and civilians. I implore the President The SPEAKER pro tempore. The has been a dream, actually, of and this administration to work with time of the gentlewoman has expired. this Congress in this effort. Mr. ENGEL. Mr. Speaker, I yield the Soleimani. Our European allies are angry be- Today marks this first step. We must gentlewoman from Ohio an additional cause they were not alerted, and our aggressively pursue diplomacy so that 15 seconds. no lives are lost. I encourage all of my Ms. KAPTUR. To those ends, the actions have united the people of Iraq colleagues on both sides of the aisle to American people deserve full trans- against us, and the people of Iran are join in that pursuit. parency. The President must take together now. I urge my colleagues to support this steps to de-escalate this highly volatile Mr. President, America is not safer resolution. I urge a ‘‘yes’’ vote. situation in a most ungovernable part because of what you have done. And we Mr. MCCAUL. Mr. Speaker, I am of the world. must pass this resolution. The SPEAKER pro tempore. Mem- pleased to yield 11⁄2 minutes to the gen- Let us rigorously pursue, with our al- tleman from Michigan (Mr. WALBERG). lies, turning back Iran’s development bers are reminded to address their re- Mr. WALBERG. Mr. Speaker, I rise of nuclear weapons. And let us do all marks to the Chair. today in strong support of a President we can to uphold our beloved Constitu- b 1630 who carried out his oath of office. tion, put raging bulls back in their Mr. ENGEL. Mr. Speaker, I yield 1 I am afraid the reason we are here cages, and make the American people minute to the gentleman from Mary- safer. today, again, is out of pure opposition land (Mr. HOYER), the majority leader Mr. MCCAUL. Mr. Speaker, I am to this President, and not the serious of the House. national security issues at hand. pleased to yield 2 minutes to the gen- Mr. HOYER. Mr. Speaker, I thank tleman from the great State of Texas Make no mistake; terrorist the gentleman for yielding. Soleimani is responsible for the deaths (Mr. ARRINGTON). Let us hope that demagoguery will Mr. ARRINGTON. Mr. Speaker, I of hundreds of Americans, including not play too great a part in the consid- thank my friend and fellow Texan, those that my friend and colleague, eration of this piece of legislation. I Ranking Member MCCAUL, for his RALPH ABRAHAM, just read. Hundreds of just heard one of my colleagues on the strong leadership. Americans; and he was plotting to kill other side mischaracterize the position many more. Mr. Speaker, it is one thing to weaponize impeachment to discredit of my party and of this resolution. The President used his full legal au- This resolution is the law. This reso- thority to take defensive action and the President. It is a whole other thing to handcuff our Commander in Chief lution is consistent with not only the eliminate this brutal terrorist. The law, the War Powers Act, but the Con- world is safer today because of it. and jeopardize the safety of our sol- diers and prevent them from defending stitution of the United States. In times like these, we need to come I thank Representative SLOTKIN for together as a country and stand behind themselves. Thankfully, this is a partisan resolu- authoring this resolution, as well as our men and women in uniform. Who- tion that is going nowhere. But it is Chairman SMITH, Chairman ENGEL, ever occupies the White House should also disturbing insight into the naive Representative KHANNA, Representa- have the ability to direct and address and impotent ideology of appeasement tive LEE, and others who have been threats and prevent American blood- that invited Russia into Syria, created working hard to ensure that Congress shed. ISIS in Iraq, and emboldened Iran to maintains its role as a coequal branch Just 48 hours ago, Iran attacked U.S. terrorize and brutally murder through- of government when it comes to mat- military personnel; and yet, we are out the Middle East. ters of war and peace. hastily voting on this partisan resolu- This is not a resolution. This is a re- This President, as we have seen, has tion that will weaken national secu- treat, a de facto apology. But for what? consistently treated the legislative rity. For ridding the world of a brutal ter- branch as inferior to the executive I urge my colleagues to vote ‘‘no’’ on rorist with American blood on his branch. Sadly, Mr. Speaker, we have this political show resolution. hands? had numerous votes on this floor last Mr. ENGEL. Mr. Speaker, I yield 1 If this resolution were to become law, year to stand up for the coequal status minute to the gentlewoman from Ohio Mr. Speaker, it would be a death war- of the Congress of the United States. (Ms. KAPTUR). rant, and not for the worst of terror- Too often, our Republican friends have Ms. KAPTUR. Mr. Speaker, I thank ists, but for the best of Americans, our sided with the executive department, the gentleman for yielding, and I rise sons and daughters on the battlefield diminishing the authority and the posi- in support of the War Powers Resolu- who would be left defenseless, sitting tion of the Congress of the United tion as an original cosponsor. This is a ducks for a murderous mob of mullahs States. This is not about this Presi- grave and pivotal moment in American in Iran and Iranian-backed militias dent, nor is it about shrinking from history, and we must be greatly con- throughout the region. confronting terrorism and terrorists. cerned for the security of our troops Mr. Speaker, I urge a ‘‘no’’ vote. Again and again, we have seen this and the safety of the American people. Mr. ENGEL. Mr. Speaker, I yield 1 President ignore Congress’ directives We live in an era of hybrid warfare minute to the gentlewoman from Illi- on appropriations, including by shift- and high-intensity reaction. One reck- nois (Ms. SCHAKOWSKY). ing money away from the military to

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This President withheld congres- terror and violence and a practice withdrawal under the War Powers Res- sionally appropriated funding to help thereof. He was an architect of Iranian olution. However, if the administration Ukraine repel Russian terrorism. efforts to dominate the Middle East were to strike Iran directly, in my After criticizing his predecessor for through aggression and fear. He has opinion, they would need to submit a the use of executive orders, President American blood on his hands, as well as war powers notification, and they Trump has doubled down on using the blood of our allies. would need to proceed with an author- them to circumvent the will of Con- He has met the justice he deserves. I ized use of military force. gress and the American people. say that notwithstanding the fact I do Mr. Speaker, I yield 2 minutes to the This resolution is to say: Mr. Presi- not know from the information I have gentleman from Florida (Mr. SPANO). dent, obey the law, obey the Constitu- received whether or not, in fact, it was Mr. SPANO. Mr. Speaker, I thank tion of the United States of America, absolutely essential to take his life Ranking Member MCCAUL for yielding. which gives Congress the sole author- now because of imminent danger. Per- I oppose this resolution. The Speaker ity to declare war. haps it was. claims it is a necessary response to If you read the language of the reso- In any event, no one laments the loss President Trump’s ‘‘disproportionate’’ lution, it continues to say that we are of Soleimani’s life, at least in this attack on ‘‘high-level Iranian military for, certainly, defending any of our country and by freedom-loving people officials.’’ Disproportionate? Apparently, Democrats have forgot- people at risk, period. The War Powers throughout the world. We are relieved ten who Qasem Soleimani was, one of Act provides for that. Article II of the that the Iranian counterstrike was lim- the worst perpetrators of terror in re- Constitution provides for that. ited and caused no American or allied The President has ignored congres- cent history. He led the organization casualties. that founded Hezbollah, one of the sional subpoenas for documents and Mr. Speaker, my constituents and most violent terrorist groups opposing testimony, directing subordinates to the American people are deeply con- build a wall of obstruction unseen in Israel. He directed his groups to kill cerned about what comes next with a our history. It should, therefore, be no over 600 American servicemembers in possibility of further retaliation and surprise that we representatives of the Iraq and wounded thousands more. He escalation from Iran or its proxies. 320-plus million people of America, who led a brutal attack on peaceful There may be a time when such action expect us to be their voice in this crit- protestors recently in Iran, killing over is called for, but it is this body that ical issue of declaring war—and this 1,000 Iranians. needs to make that decision, the resolution does not prohibit in any way A bully will not stand down unless he United States Senate and this body. the President of the United States, knows you are willing to stand toe-to- Iran is a dangerous enemy of freedom under his Article II powers, acting to toe with him, unless he knows there and a sponsor of terror. It continues to defend our military, our allies, and our are consequences to his actions. Presi- harbor ambitions of dominance over its homeland. dent Trump acted decisively in bring- With the actions taken last week, the neighbors and to call for the destruc- ing down this brutal, inhumane bully, President is unilaterally moving us to- tion of Israel. This Iranian regime is no this terrorist mastermind, to stop an ward involvement in another deadly friend and must not be trusted. imminent threat. It was necessary to and destabilizing war in the Middle Iran must never be allowed to ac- show Iran we will no longer tolerate East. quire a nuclear weapon. I believe this their aggression. I am glad, frankly, as we all are, that Congress would vote to ensure that We should be united in our support the response that came from Iran was that was prohibited. This resolution for eliminating this threat and in sup- either ineffective or simply meant to makes those facts clear. We must have porting the President’s efforts to nego- be a message. I don’t know which. a sound, long-term strategy to deal tiate a new, more effective Iran deal. Thankfully, however, the Congress with Iran and bring it into compliance I urge my colleagues to oppose this has, under law and our Constitution, a with international laws and norms. resolution so that all options are on remedy to reassert our position as a co- The threat of military force must the table and so that we can negotiate equal branch—as a matter of fact, an continue to be a part of any strategy, from a position of strength toward Article I branch—and ensure, as the along with sanctions and diplomacy, achieving a peaceful solution. Founders intended, that only the Con- and this resolution in no way con- Mr. ENGEL. Mr. Speaker, I yield 1 gress, speaking on behalf of all the peo- travenes that premise. minute to the gentlewoman from Cali- ple, could declare war. The best way forward is for Congress fornia (Ms. ESHOO). Congress passed the War Powers Act and the administration to work to- Ms. ESHOO. Mr. Speaker, I thank the in 1973 because they believed a Demo- gether. That is what our Founders had gentleman for yielding. cratic President, and it was a Demo- in mind. Proper congressional over- Mr. Speaker, I rise in strong support cratic Congress that adopted the War sight and involvement will help ensure, of this concurrent resolution, which re- Powers Act, because they believed a not undermine, that the administra- quires President Trump to imme- Democratic President had overstepped tion adopts and pursues the best pos- diately terminate military operations the bounds. sible strategy to check and oppose against Iran. It is about time that Con- Congress passed the War Powers Act Iran’s malign ambitions. gress exercised its war powers author- in 1973, determined to ensure that no Let us not demagogue one another. ity under the Constitution. I believe President can send our troops into war There can be differences. This resolu- this is long overdue. without the people’s representatives tion is brought to this floor of the The President has taken our Nation authorizing it. I suggest to my friends House to uphold the Constitution of to the brink of war without properly on both sides of the aisle that is what the United States of America and to consulting Congress or seeking the the Founders intended. again urge this President, as we have legal authority to do so. Only Congress We must use this tool of congres- urged Democratic Presidents, to ensure can authorize military action under sional power or, by our silence, acqui- that they follow the strictures of our Article I of the Constitution. esce to the growth of the imperial Constitution on behalf of the safety of To add insult to injury, the Trump Presidency, which by the way, has been our people and the respect we have administration has failed to fully ex- going on for some 40 years, maybe even throughout the world. plain to Congress and the American 50 years, irrespective of who is Presi- We are a nation of laws. This resolu- people what exactly the imminent dent. tion is about the laws. threat was to the United States that This is not a partisan resolution. Mr. MCCAUL. Mr. Speaker, I have required the strike that was under- This is a resolution consistent with the great respect for the leader, and I do taken. My constituents and people

VerDate Sep 11 2014 02:55 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JA7.070 H09JAPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H108 CONGRESSIONAL RECORD — HOUSE January 9, 2020 across the country have been terrified Let’s take this opportunity to make divided, as the Framers intended, as about the prospect of a new war in the diplomacy work. Let’s stand together our national interest demands. Middle East. as a Congress to establish our author- Mr. MCCAUL. Mr. Speaker, I reserve Now, let me be clear: No Member of ity. Let’s stand together and vote the balance of my time. Congress carries a brief for Soleimani against a new war without an end Mr. ENGEL. Mr. Speaker, I yield 1 or the Iranian Government. game. minute to the gentleman from Cali- The SPEAKER pro tempore. The Mr. MCCAUL. Mr. Speaker, I yield 2 fornia (Mr. CISNEROS). time of the gentlewoman has expired. minutes to the gentleman from Lou- Mr. CISNEROS. Mr. Speaker, I rise Mr. ENGEL. Mr. Speaker, I yield an isiana (Mr. ABRAHAM). today in defense of our Constitution additional 15 seconds to the gentle- Mr. ABRAHAM. Mr. Speaker, Ser- and express the urgent need of Con- woman from California (Ms. ESHOO). geant First Class Kurt Comeaux, Ser- gress to reestablish itself as an equal Ms. ESHOO. No President has unilat- geant Christopher Babin, Sergeant branch of government. eral authority to take our Nation to Bradley Bergeron, Sergeant Huey Our Founders explicitly laid out the war without authorization from Con- Fassbender, Sergeant Armand Frickey, roles and responsibilities of the legisla- gress. I urge my colleagues to vote Sergeant Warren Murphy, Sergeant tive, executive, and judiciary branches, ‘‘yes.’’ Craig Nelson, First Lieutenant Chris- creating a necessary system of checks Mr. MCCAUL. Mr. Speaker, I yield 2 topher Barnett, Private First Class and balances, but today we find our minutes to the gentleman from North Torey Dantzler, Private First Class democratic system in jeopardy. Carolina (Mr. BISHOP). James Lambert, Sergeant Taft Wil- In the past week, there has been an b 1645 liams. increasing concern about the United States going to war with Iran. Mr. BISHOP of North Carolina. Mr. Mr. Speaker, I want to thank Rank- Let me be very clear: If and when the Speaker, I thank the ranking member ing Member MCCAUL, for giving me ad- President decides to use military ac- for yielding. ditional time to finish the list that I Mr. Speaker, if it were but a matter started earlier. tion, he must go through Congress of offering three cheers for the legisla- These are 44 young Americans from first. tive branch, that would be fine, but Louisiana who died by IEDs in the Article I, Section 8 of the Constitu- this is dangerous and simply makes no most active part of Iraq when tion gives Congress the power to de- sense. Soleimani and his proxies were en- clare war. Any attempt to undermine If the majority wished to assert Con- gaged. They designed, they built, and that power would be unsafe, unaccept- gress’ authority, as several have ar- they implemented these IEDs; and in able, and unconstitutional. gued, it would not use a nonbinding Louisiana alone, 44 young Americans As a Navy veteran, I am constantly resolution, but let me take the major- gave their lives for the United States thinking of our brave servicemembers. ity at its chosen words, as if binding. of America. It is why I take this constitutional re- The words of the resolution would President Trump, he had the author- sponsibility seriously. literally prohibit the President from ity, he has the right, and, thankfully, We cannot turn our backs to our ordering the shoot-down of Iranian bal- he had the courage to terminate principles, we cannot turn our backs to listic missiles inbound for Haifa or a Soleimani and remove this cancer from our values, and we cannot turn our surface-to-air missile locked onto a this Earth. backs to the Constitution. Ukrainian airliner. Mr. Speaker, to my Democratic col- I look forward to voting for the War And the resolution’s chosen words, as leagues and friends, I say, if you can Powers Resolution and taking Con- Democrats argue them, would prevent look these Gold Star families in the gress’ power back. the President from the strike on face and tell them that this was not a Mr. MCCAUL. Mr. Speaker, I yield 2 Soleimani itself even if devastating justified strike and that Soleimani minutes to the gentleman from Geor- harm to American soldiers were immi- needed to be removed from this Earth, gia (Mr. HICE). nent but Democrats second-guessed then God have mercy on you. Mr. HICE of Georgia. Mr. Speaker, I that judgment. Mr. ENGEL. Mr. Speaker, I yield 1 thank the gentleman for yielding. The language they have chosen is de- minute to the gentleman from New I rise in great frustration in opposi- signed to debilitate the President from Jersey (Mr. MALINOWSKI), a valued tion to this politically-motivated reso- protecting Americans. member of the Foreign Affairs Com- lution. It is nothing but a blatant at- The intemperate words of the past mittee. tempt to handcuff the President’s abil- week have cost many their credibility. Mr. MALINOWSKI. Mr. Speaker, we ity to defend our citizens and our al- Now Democrats’ spite for President may be relieved that an impulsive act lies. Trump has cost them their good judg- by President Trump has not imme- Just this morning, U.S. intelligence ment. diately led to war with Iran, we may be officials reported that they are now Mr. ENGEL. Mr. Speaker, I yield 1 relieved that an evil man is dead, but confident that Ukraine Airlines 752 was minute to the gentlewoman from Cali- as that evil man wished, our troops shot down by Iranian surface-to-air fornia (Mrs. DAVIS). have now been asked to leave Iraq, and missiles, another 176 innocent lives Mrs. DAVIS of California. Mr. Speak- if they stay, their ability to work with lost. er, I voted against the 2002 AUMF. In Iraqis to fight ISIS has been shot. The Islamic Republic of Iran has been coming to that very difficult decision, As he wished, the protest movement hostile to our Nation for decades, and I learned an important lesson: that we in Iran and Iraq that threatened the yet it has certainly escalated in the must ask every administration that Iranian regime has been silenced. last several months with a campaign of seeks to use military force how it will As he wished, Iran is now breaking antagonistic military action. manage the consequences of its ac- free of all restrictions on its nuclear Have my Democratic colleagues for- tions, even if those actions can be jus- program. gotten about the shipping vessel sabo- tified. We are not safer today. taged by naval mines last May and Has this administration done that? In this moment of danger, there is June, or the American drone shot down Unfortunately, I think the answer is just one question that this resolution over international waters, or the Brit- no. asks. It is not do you support what the ish oil tanker seized by the Iranian I will vote for this resolution today President has already done, but should Revolutionary Guard, or the Saudi oil for the same reasons I had then: no Congress play our constitutional role facilities that were attacked? overall strategy, no justification, and in deciding what happens next. And then when an American citizen nobody in this administration can an- I support this resolution because was killed in an attack on Kirkuk Air swer how it will respond to the after- passing it will protect us against going Base in December and our Embassy in math. to war with a tweet, but it also ensures Iraq subsequently overrun, our Presi- By virtue of the power and the re- that, if we do go to war, which we may dent drew a line in the sand. Yet, after sponsibility granted to us by the Con- have to at some point, we will do so months of tremendous restraint, the stitution, we must ask those questions. with the American people united, not President was determined that not one

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What is the message they are saying? operating under a 20-plus-year-old au- We cannot allow a process that is Immediately after they fired them, thorization for military force, but that tainted, secretive, or encompasses lies they stood up and said: We are done. should not be confused with the process to make that choice. We need a coun- No more. That is the end of our re- that is taking place here with this res- try that easily chooses peace for gen- sponse. They told the Shia militia olution. erations to come. groups to stand down. Muqtada al-Sadr The SPEAKER pro tempore. The I proudly represent a district that be- said to his people today: Stand down. time of the gentleman has expired. lieves in the rule of law. That is why I They respond to strength, and our Mr. MCCAUL. Mr. Speaker, I yield an rise today as their voice in support of President did the right thing. He was a additional 30 seconds to the gentleman a War Powers Resolution that will give strong response, a strong response to from Georgia. them a say in whether or not our coun- storming a sovereign U.S. territory of Mr. HICE of Georgia. Mr. Speaker, try goes to war. an embassy with 6,000 people, killing this is nothing but an attempt by the Mr. MCCAUL. Mr. Speaker, I yield 3 American contractors, and wounding majority in a 3-year-long process by minutes to the gentleman from Ten- American soldiers with a rocket at- their party to take any and every op- nessee (Mr. GREEN). tack. portunity to undermine or embarrass Mr. Speaker, this President made a b 1700 this President. But be assured that this strong response, and it has shown itself politically-motivated resolution nor Mr. GREEN of Tennessee. Mr. Speak- to work. any evil that comes our way will cause er, I rise in complete opposition to this Mr. ENGEL. Mr. Speaker, I just can’t our President to hesitate when called resolution. really believe what I just heard. upon to defend American lives. First, this is a nonbinding resolution. It was the 2001 AUMF that specifi- I just say, God bless the President; If you really wanted to exert some con- cally authorized our going after Osama God bless America. gressional decisionmaking, we would bin Laden. He is the example of Con- Mr. ENGEL. Mr. Speaker, I would do a bill that goes before the President gress getting involved. That was the say to my friends on the other side of and gets signed or gets vetoed. This is authorization to get Osama bin Laden the aisle, please don’t question our mo- purely theatrics. in Pakistan or anyplace else, and that tives or patriotism and we won’t ques- None of these Democrat leaders stood is what we are trying to assure here, tion yours. up when President Obama violated the that things aren’t just happening, that Mr. Speaker, I yield 1 minute to the airspace of Pakistan to take out Osama there is actual authority. Osama bin gentlewoman from Washington (Ms. bin Laden. Now, I am glad he did that, Laden is the wrong example, because JAYAPAL). but there was no congressional author- we gave the authority to go after him. Ms. JAYAPAL. Mr. Speaker, I rise in ization to go into Pakistan. At least Mr. Speaker, I yield 1 minute to the strong support of this resolution that here there is a congressional authoriza- gentlewoman from Florida (Ms. reasserts congressional authority over tion for our forces to be on the ground FRANKEL). going to war. and using military power. Ms. FRANKEL. Mr. Speaker, as the We know this: War is devastating for The President has clear authority mother of a United States Marine war our troops, for their families, for fami- under Article II to act when our Nation veteran, I came to Congress with the lies and children everywhere, for not and our military is at risk. The Chair- promise of never sending someone just this generation but future genera- man of the Joint Chiefs of Staff said: else’s child to a war that could be tions to come, for our humanity. That ‘‘The trigger for the drone strike that avoided. This War Powers Resolution is why our Framers gave this body the killed Soleimani was ‘clear, unambig- says no war with Iran without congres- opportunity, the responsibility to have uous intelligence indicating a signifi- sional approval, while still ensuring de- that discussion and declare war should cant campaign of violence against the fense if there is an imminent threat. it be needed. United States in the days, weeks, and While we do not mourn the death of In 2002, we rushed to war based on months,’ and that the administration Iran’s commander of terror, Americans made-up claims of weapons of mass de- would have been ‘culpably negligent’ if and our allies worry about the rami- struction, and the Iraq and Afghani- it didn’t act’’—General Mark Milley. fications that will make us less safe: stan wars took hundreds of thousands These people understand one thing, the fight against ISIS has been di- of lives, created millions of refugees, and it is strength. You will recall that verted; regional protests against the and cost us trillions of dollars. when President Clinton pulled our Iranian regime are now against Amer- Today, the President, without pro- forces out of Somalia after we got the ica; Iranian proxies have been further viding any raw intelligence to prove an black eye on Black Hawk Down, bin incited; and Iran is closer to having a imminent threat, has brought us to the Laden cited that as proof that Ameri- nuclear weapon. brink of war with Iran. This resolution cans run away, that they won’t stand America is not a monarchy. The deci- makes it clear that Congress has not and fight. sion to go to war requires debate, delib- authorized this war. I have been to combat three times in eration, and collective judgment. That We also must repeal the 2002 AUMF this region of the world, twice in Iraq is why the law gives the responsibility and vote to withhold funds for this un- and once in Afghanistan. I have looked to Congress. authorized war. It is time to reassert these individuals in the eye. It is Mr. Speaker, I urge support of this our authority. strength that they understand. And, resolution. Mr. MCCAUL. Mr. Speaker, I reserve clearly, it has shown itself to be true Mr. MCCAUL. Mr. Speaker, at this the balance of my time. again. point, I will continue to reserve until Mr. ENGEL. Mr. Speaker, I yield 1 This President stood up, and Iran’s Chairman ENGEL is prepared to close. minute to the gentlewoman from response was clear. They had two audi- Mr. ENGEL. Mr. Speaker, I yield 1 Michigan (Ms. TLAIB). ences in their response: minute to the gentleman from Michi- Ms. TLAIB. Mr. Speaker, I rise today At home, they wanted people to see gan (Mr. KILDEE). on behalf of #13DistrictStrong. This is strength. They shot 15 missiles. Back Mr. KILDEE. Mr. Speaker, I thank a district that believes in leading with in their press, they are saying they my friend, Mr. ENGEL, for yielding. compassion. They believe in a full stop killed Americans. They didn’t, of I am troubled by aspects of this de- to endless violent wars that only result course. bate. I think it is fine that we have dif- in loss of life and the destruction of The other audience, the United ferent views, but to hear some on the lives forever changed. States and the rest of the world, they other side characterize the position of

VerDate Sep 11 2014 02:55 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JA7.073 H09JAPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H110 CONGRESSIONAL RECORD — HOUSE January 9, 2020 those who support this resolution as ing this effort today to assert Con- Mr. ENGEL. Mr. Speaker, I yield 1 somehow not loving the country as gress’ rightful authority and to defend minute to the gentleman from Massa- much as they do when it is our coun- our solemn constitutional duty. chusetts (Mr. MOULTON). try, as well, that we have pledged to None of us want to see our brave men Mr. MOULTON. Mr. Speaker, the sys- defend—it is the same veterans on this and women sent into another war. tem of checks and balances is broken. side of the aisle who put themselves in To be clear, this vote is not about Last week’s airstrike proves it. harm’s way as the veterans on the telling the administration that the After the strike, the administration other side of the aisle. There is no dis- President can’t defend this country. produced a vague document that at- tinction in the battlefield. We love our My colleagues know that. They under- tempts justifying America’s push to children and want to defend them as stand it. I strongly reject any implica- the brink of war. much as we know you do as well. So tion that somehow, by supporting this Mr. Speaker, I fought in a war start- let’s stop the demagoguery regarding resolution, we don’t take our national ed by a President with false and patriotism. security and the safety of our service- trumped-up intelligence. We cannot let This comes to a simple question. It is members seriously. this President do the same. not even a question as to whether or To the contrary, nothing we do today Americans deserve to read the declas- not there was justification to take out limits the ability to respond to a real sified report so they can judge for Mr. Soleimani, because clearly there and imminent threat or defend this themselves whether the strike was was. The question is: Who gives the country and our interests. To assert so worth the risk. They will find an ad- justification? Who authorizes military is simply false and it is reckless. ministration shooting from the hip action in this country? Today, we are telling the President with no strategy to deal with Iran. We can all have our opinions. that, if there is a serious threat to the It is time for Congress to lead and ex- The SPEAKER pro tempore. The United States, our national security ercise the authority the Founders gave time of the gentleman has expired. requires that a solemn decision is made us in Article I, Section 8 of the Con- Mr. ENGEL. Mr. Speaker, I yield to to engage U.S. Forces, and the elected stitution. the gentleman from Michigan an addi- representatives of this body, of the It is time to tell the President he tional 15 seconds. American people, need to have that cannot send our troops to war with Mr. KILDEE. We ought to consult the case made to them. Iran without a strategy and without Constitution, which clearly vests that The SPEAKER pro tempore. The the consent of their representatives. authority in this Congress. We ought time of the gentleman has expired. Mr. ENGEL. Mr. Speaker, I yield 1 not fear that authority and outsource Mr. ENGEL. Mr. Speaker, I yield an- minute to the gentleman from Mary- it to the executive branch. We ought to other 15 seconds to the gentleman from land (Mr. BROWN). embrace that authority and be willing Florida. Mr. BROWN of Maryland. Mr. Speak- to make that decision and follow the Mr. DEUTCH. Mr. Speaker, Congress er, President Trump’s strategy to Constitution. needs to have a robust debate about counter Iran has failed. He has allowed Mr. ENGEL. Mr. Speaker, I yield 1 any authorization for the use of mili- Iran to restart its nuclear weapons pro- minute to the gentlewoman from the tary force. gram, disrupted our operations coun- District of Columbia (Ms. NORTON). I urge my colleagues to vote ‘‘yes.’’ I tering ISIS, continues to undermine Ms. NORTON. Mr. Speaker, I thank urge my colleagues to uphold the Con- our relationship with NATO allies, and my good friend for yielding. Congress stitution. has led America to the brink of a new has long been absent without leave Mr. ENGEL. Mr. Speaker, I yield 1 and unnecessary war. from its constitutional responsibility minute to the gentleman from Florida As someone who served in Iraq, I un- to authorize war before it occurs. From (Mr. GAETZ). derstand the costs of war, how our sol- Vietnam to Iran, the verdict on the Mr. GAETZ. Mr. Speaker, I take a diers put their lives on the line, and War Powers Act is clear: you lose it if backseat to no Member of this body the impact these decisions have on you do not use it. when it comes to defending the Presi- military families. Congress chafes at outsized Presi- dent. Our Founders entrusted Congress dential power, but has failed to exer- This resolution offers no criticism of with the responsibility to declare war. cise its own advice and consent power the President, no critique. It doesn’t Congress owes it to the American peo- on war. Iran has stepped back for now criticize the President’s attack on ple and our men and women in uniform from the brink of war, following the Soleimani. As a matter fact, this reso- to carry out that responsibility. killing of General Soleimani, but a lution doesn’t even say Soleimani’s It is time for Congress to declare strong bipartisan 69 percent of the name in it. Yet it does articulate our that war with Iran is not in the best in- American people say that war with very robust basis for self-defense, at terest of the American people. It is Iran is now more likely. No wonder, times even preemptory self-defense to time for Congress to repeal the 2002 considering we just deployed 15,000 defend our troops. And it also articu- AUMF and dramatically restrict the more troops to the region. lates our nondelegable duty as the 2001 AUMF. And until we can do that, Trying to get answers after the fact, Members of the United States Congress we must prevent the President from as Congress did in yesterday’s briefing, to speak to matters of war and peace. unilaterally committing the United yielded frustration, not answers. Un- I represent more troops than any States to another war in the Middle checked executive power unbalances other Member of this body. I buried one East. the safeguards against arbitrary power of them earlier today at Arlington, and Mr. MCCAUL. Mr. Speaker, I yield 2 the Framers built into our Constitu- that sergeant died a patriot and a hero. minutes to the gentleman from Penn- tion. If the members of our armed services sylvania (Mr. KELLY). With passage of today’s resolution, have the courage to go and fight and Mr. KELLY of Pennsylvania. Mr. we will reclaim that balance by re- die in these wars, as Congress, we Speaker, I was sitting in my office inserting Congress into decisions to go ought to have the courage to vote for watching this debate, and I began to to war. them or against them. And I think it is wonder who it is that we are actually Mr. ENGEL. Mr. Speaker, I yield 1 ludicrous to suggest that we are im- debating against or what it is that we minute to the gentleman from Florida pairing the troops from doing their job are debating against. (Mr. DEUTCH), a very valued member of by not doing our job articulated in the I think back to the killing of Osama the Foreign Affairs Committee, the Constitution to speak to these matters bin Laden when we stood together as chairman of the Subcommittee on the of war and peace. the United States in saying this was Middle East, North Africa, and Inter- I support the President. Killing the right thing to do at the right time national Terrorism. Soleimani was the right decision, but because it would save lives; the only Mr. DEUTCH. Mr. Speaker, I rise in engaging in another forever war in the thing we regretted was that we didn’t support of this War Powers Resolution, Middle East would be the wrong deci- do it sooner when we had the chance to and I thank my colleague from Michi- sion, and that is why I am voting for take him out, but we delayed because gan, Representative SLOTKIN, for lead- this resolution. we weren’t sure.

VerDate Sep 11 2014 02:55 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JA7.074 H09JAPT1 SSpencer on DSKBBXCHB2PROD with HOUSE January 9, 2020 CONGRESSIONAL RECORD — HOUSE H111 b 1715 deliberation and tasked with missions Mr. GALLAGHER. Mr. Speaker, this I have gone back and read what that protect and further America’s in- is not a serious effort. This is a polit- President Obama said and he said, ‘‘I terests and reflect the values and high ical effort that will have the practical made this decision on my own.’’ Yet, moral standing of our Nation. effect only of undermining our mili- today, we stand in the people’s House, Our country’s Founders in their fore- tary deterrent in the Middle East, and we are worried more about the loss sight provided us a robust and con- which for the first time in a long time of an election in 2020 than the loss of stitutional Republic and representative is actually stronger. American lives and the continued loss government. They wisely understood I think this does a service not only to of lives around the world by one of the that taking a nation to war should not our personnel in the region, but ulti- worst terrorists of all time. be a unilateral decision by a single per- mately to the Iranian people. And what We sit here and try to pretend this son, but a considered decision by the the Iranian regime fears more than charade is what we are concerned people’s elected Representatives. anything else, more than the American about. But what we are really con- This administration does not have military and the President of the cerned about is giving too much power congressional authorization for use of United States, is its own people. And to this President. This is a President military force or a declaration of war that is the reason Soleimani’s death who acted boldly. This is a President against Iran. Ultimately, any sustained squads have gunned down Iranian civil- who carried out a strike that was so action against Iran requires congres- ians in the streets. We look forward to the day when the precise, so strategic, nothing else was sional approval. Iranian people can be free of their evil, hurt except the car in which that ter- Today’s resolution reflects the inten- barbarous, reckless regime, and I ap- rorist was riding in. tions of our Founders. It makes clear plaud the administration’s actions. Yet, we sit here today and say: Our the President must seek authorization Mr. ENGEL. Mr. Speaker, may I in- problem in America isn’t terrorists from Congress for any extended mili- tary engagement with Iran without re- quire how much time I have remain- around the world. Our problem in ing? America is that we have a President stricting his ability to protect the Na- tion from imminent threat. The SPEAKER pro tempore. The gen- who is too damn strong. The rest of the tleman from New York has 4 minutes world knows today that our enemies I have the honor of representing Naval Station Great Lakes where every remaining. certainly do fear us, because they know Mr. ENGEL. Mr. Speaker, I yield 1 enlisted sailor receives his or her basic there is a deterrent in the White minute to the gentleman from Colo- training. I am the proud father of a son House. rado (Mr. CROW). Our friends and allies know that serving in our Navy. We owe it to these Mr. CROW. Mr. Speaker, our Found- America will always be there, will al- Americans, each one a volunteer an- ers vested in Congress the solemn re- ways be there if we say we are going to swering the call to serve our country, sponsibility of sending our sons and be there, and we will always stand up to protect this Constitution and live up daughters to war. for the values that this country has al- to the expectations of our Founders. I have often heard folks say that now ways stood for. The American people do not want an is not the time to discuss the use of To have this debate tonight and this unnecessary war with Iran. Today’s force or the decision to send our men resolution is not about securing Amer- resolution prevents President Trump and women to fight. I heard that in 2003 ica or making America safer. This is from unilaterally or impulsively start- when I was carrying a rifle in Baghdad. about taking powers away from the ing one. I urge my colleagues to vote I heard it again in 2004 and 2005 when I President of the United States. We can ‘‘yes.’’ was leading my unit through the call this anything we want and say, not Mr. MCCAUL. Mr. Speaker, I am mountains of Afghanistan, and I am just this President but any President pleased to yield 1 minute to the gen- hearing it again today in the Halls of in the future. tleman from Wisconsin (Mr. GALLA- Congress. My God, are you kidding me? Are you GHER), a man who served on the battle- In the last 19 years, more than 7,000 kidding me? This is the people’s House field in Iraq. Americans have given their lives in and our biggest responsibility is pro- Mr. GALLAGHER. Mr. Speaker, ac- these conflicts; 53,000 have been wound- tecting our American citizens, and we tually, it takes a lot to get me to come ed; and we have spent over $4 trillion of are having this debate tonight? Please, down to these things, but I have been taxpayer money. Do not believe the do not tell me this is about taking deeply troubled by some of the rhetoric fearmongering. away the Authorization for the Use of I have been hearing about this. In fact, This resolution does nothing to pre- Military Force. This is about taking I was deeply troubled after yesterday vent the President from protecting the away powers from the President. when my colleagues, many of them, Nation against imminent threats. I Mr. ENGEL. Mr. Speaker, again, I left a classified briefing only to imme- have spent years fighting to keep think it would be helpful if peoples’ diately and recklessly trash the qual- Americans safe and will continue to do motives or patriotism wasn’t ques- ity of intelligence they received, and in so. tioned. some cases, suggest there was no immi- I may have laid down my rifle, but Mr. Speaker, I yield 2 minutes to the nent threat from Soleimani. my oath to this country endures. I will gentleman from Illinois (Mr. SCHNEI- To suggest that would require you to fight to ensure that we are having a DER). ignore the death of Americans recently discussion about when to send our men Mr. SCHNEIDER. Mr. Speaker, I rise in Iraq, as well as ignore the history of and women, our sons and daughters, today in strong support of the War Soleimani’s campaign of terror across and our sisters and brothers into Powers Resolution introduced by my the Middle East. harm’s way. It is time to have this de- colleague from Michigan, Congress- We learned this weekend, while this bate. woman ELISSA SLOTKIN. body was still in recess and before any- Mr. MCCAUL. Mr. Speaker, at this Soleimani was an evil man, a ter- one had reviewed any of the classified point I continue to reserve the balance rorist, a war criminal. No one should information, that it was the intention of my time until the chairman is pre- mourn his demise. But that doesn’t of my colleagues on the other side of pared to close. change the question of who has the au- the aisle to introduce this flawed War Mr. ENGEL. Mr. Speaker, I yield 30 thority to take our Nation into war. It Powers Resolution without having seconds to the gentleman from Ten- is Congress and only Congress that is even seen any of the underlying intel- nessee (Mr. COHEN). endowed with the most solemn duty to ligence. That suggests that this is not Mr. COHEN. Mr. Speaker, I rise decide if, when, and where to commit a serious effort. today to condemn the President’s most our Nation to war. The SPEAKER pro tempore (Mr. recent reckless actions. The killing of At the same time, as Commander in BROWN of Maryland). The time of the General Soleimani was a provocation Chief, it is incumbent upon our Presi- gentleman has expired. to war that made Americans less safe dent to ensure that the fine men and Mr. MCCAUL. Mr. Speaker, I yield for years and maybe decades to come. women who serve in our military are the gentleman from Wisconsin an addi- The President has put his own ego only sent into harm’s way after careful tional 30 seconds. over the strategic interests and safety

VerDate Sep 11 2014 02:55 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JA7.077 H09JAPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H112 CONGRESSIONAL RECORD — HOUSE January 9, 2020 of Americans. What he has accom- remind this body about. I have heard a Iran is watching, and its proxies are plished with these actions is to make lot of talk about patriotism, and I gave watching. What they see is a divided Soleimani a martyr for a generation of this arm in Vietnam. America that does not fully support militant Middle Eastern foes that we I have got a lot of good friends whose the ability of our Commander in Chief have. names are on the Vietnam Veterans to respond to imminent threats to It has united the Iranian people, not Memorial Wall, so don’t talk to me Americans. against their government, but against about patriotism, and how much I love Churchill warned against appease- us. this country when we are standing here ment when the dark clouds of fascism The SPEAKER pro tempore. The debating an issue that we all know is and the Third Reich swept in, in my fa- time of the gentleman has expired. not going anywhere. ther’s war. Weakness invites aggres- Mr. ENGEL. Mr. Speaker, I yield the The last thing I would say to you is, sion, he said. President Reagan said: gentleman from Tennessee an addi- while I was serving in Vietnam, there ‘‘Peace through strength.’’ I believe in tional 30 seconds. were many occasions when I didn’t these ideals and these axioms. Mr. COHEN. Mr. Speaker, it is the re- have the ability to do what I thought Last May, it was reported that sponsibility of the President and Con- was necessary. I just say to you that Soleimani met with Iraqi militias in gress to keep us safe, and the Founding this body couldn’t make up their mind Baghdad and told them to ‘‘prepare for Fathers knew that the collective wis- whether they wanted to be in that war proxy war.’’ dom of the people’s Representatives or not, and I suggest we get with the Without last week’s strike, was better at doing that than one per- right program and do it now. Soleimani would still be waging that son. Mr. MCCAUL. Mr. Speaker, I yield proxy war, a war that he was esca- I just visited the SCIF and there is myself the balance of my time. lating. An American was killed less still not any report on any imminent Mr. Speaker, I am strongly in favor than 2 weeks ago, and four American danger claim that might have been of exercising our Article I authorities soldiers were injured. Our Embassy in made. The American people and Con- for matters as grave as war and peace, Baghdad was attacked under gress deserve to know what the threat but the fact is, we are not at war with Soleimani’s orders. allegedly was, given the inevitability Iran. The President is not trying to What more do we need? What more of Iranian retaliation. start a war with Iran. evidence do we need? Let’s talk about the facts. He is a The two greatest powers Congress I met with the President earlier designated terrorist under the Obama has are impeachment and declarations today. He told me that if this resolu- administration. Importantly, the of war. We are here today on both of tion passes, it will take all of his power President told me today that those issues because of a reckless, law- to negotiate with Iran off the table. Soleimani was planning to blow up our less, and impetuous President. That is the worst thing that we could Embassy. I need no further proof, evi- The SPEAKER pro tempore. Mem- do. Yesterday, he called for making a dence, or intelligence than that from bers are reminded to refrain from en- deal that allows for Iran to thrive and the President of the United States. gaging in personalities toward the prosper. The President is making the What if the President had not acted? President. choice to move toward deescalation. Let’s assume that. By the way, some Mr. MCCAUL. Mr. Speaker, I con- The premise of this resolution is on the other side of the aisle were criti- tinue to reserve the balance of my flawed because we are not engaged in cizing him for not responding after our time. hostilities with Iran. The President is Embassy was attacked. Mr. ENGEL. Mr. Speaker, I yield 1 not trying to start hostilities with What if he did not act. What if minute to the gentleman from New Iran. Despite this public proclamation Soleimani had made it back to Tehran York (Mr. MEEKS), a very distinguished by our President, my colleagues are to meet with the Ayatollah to give the gentleman on the Foreign Affairs Com- trying to claim that the President still green light to carry out the plot to at- mittee. wants to go to war. tack our soldiers and diplomats in Mr. MEEKS. Mr. Speaker, the Presi- I deeply regret that my colleagues Iraq? What if the Americans were dent should not be able to commit the are not serious enough about exer- killed? What if they killed our soldiers U.S. recklessly and flagrantly to war. cising our Article I authorities to pur- and diplomats? What if they success- That is the reason there are constitu- sue regular order on such a serious fully stormed our American Embassy tionally mandated checks and bal- question. We have had no hearings in and held our marines and diplomats ances. The President escalated hos- the House Foreign Affairs Committee hostage, like they did in 1979 when this tilities with Iran and did not dem- since these events transpired. There whole reign of terror started with onstrate any imminent threat nor was no Foreign Affairs Committee Jimmy Carter in the White House? strategy as to why. markup of this legislation. How would the critics of the Presi- He clearly did not make our country I received the text of this legislation dent respond then if we had done noth- safer. Quite the opposite. It is not a only 2 hours before the Rules Com- ing? How would the American people sign of strength as some of my col- mittee meeting last night on a War respond? How would the Gold Star leagues suggest. It was an unchecked Powers Resolution. Debating issues of Mothers respond? sign of more disarray and lack of stra- war and peace is perhaps our most im- No, this President did the right thing tegic thinking. portant responsibility as Members of to take out this threat that killed so We have seen what happens when we Congress, and, yet, this legislation many Americans. I have been to too don’t have a plan for what comes next dropped last night without committee many funerals, as many of us in this when we take out a bad actor without consideration as required by the War Chamber have, and many of those sol- thinking through long-term con- Powers Resolution. diers were killed at the bloody hands of sequences. Soleimani. As many Americans whose We have lost too much blood and b 1730 families still grieve today, we grieve tears and treasure to ever allow that to If my colleagues were as serious for them. happen again. I support, and implore about Article I as they say they are, Since 1979, Iran has presided over a my colleagues to support, this resolu- then this would be a joint resolution reign of terror in the region. For over tion for the sake and the state of fu- with the force of law. Instead, it is a two decades, Soleimani has been the ture generations. I love this country. House concurrent resolution that will mastermind of terror, and the world is This is the greatest country in the never go to the President’s desk. Let safer today without him. world because we have checks and bal- me translate what that means to the Mr. Speaker, let me conclude by say- ances. American people listening today. ing that now is not the time to divide Mr. MCCAUL. Mr. Speaker, I yield 30 Today, we are voting on a press re- this Nation and play into the propa- seconds to the gentleman from Indiana lease, a press statement. This is a po- ganda of Iran. Now is not the time to (Mr. BAIRD). litical statement for a leftwing domes- tie our Commander in Chief’s hands. Mr. BAIRD. Mr. Speaker, I have just tic audience. But they are not the only Now is the time to support our men got a couple of words I would like to ones watching, Mr. Speaker. and women in uniform.

VerDate Sep 11 2014 02:55 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JA7.078 H09JAPT1 SSpencer on DSKBBXCHB2PROD with HOUSE January 9, 2020 CONGRESSIONAL RECORD — HOUSE H113 Mr. Speaker, I urge my colleagues to In his opus, George Orwell observed that drawal from it is ‘‘almost an inverted re- oppose this resolution, and I yield back ‘‘The party told you to reject the evidence of ality,’’ said Jim Walsh, a research associate the balance of my time. your eyes and ears. It was their final, most es- at M.I.T.’s Security Studies Program and an Mr. ENGEL. Mr. Speaker, I yield my- expert on nuclear issues and the Middle East. sential command.’’ That’s an exact blueprint He said that attacks by the four groups self the remainder of my time to close. for these lies. Those propagating these lies Mr. Speaker, this body has to make a supported by Iran and designated by some may be at war with truth, but I’m not. I still be- governments as terrorist organizations— decision about whether we are going to lieve in truth and in fact. Hezbollah, Hamas, Palestinian Islamic Jihad stand up for our constitutional respon- Here is the truth and the fact. The ham- and the Popular Front for the Liberation of sibilities or just subordinate ourselves fisted decisions of the Trump administration Palestine-General Command—actually de- to the executive branch when it comes will not prevent Iran from getting nuclear clined after the nuclear deal. to war powers. weapons, but could hasten that outcome. Attacks carried out by these groups de- We are two decades into the 21st cen- Here is the truth. War with Iran will not ben- creased from more than 80 in 2014 to six in tury. Our country has been at war al- 2017, before increasing to more than 40 in efit us. War endangers our troops, leads to 2018, according to the Global Terrorism most that entire time. Not a day goes death and misery, and harms our allies. by that I don’t wish we could have Database maintained by the University of Here is the fact. Americans do not want an- Maryland’s National Consortium for the some of those decisions back, espe- other damn war. Study of Terrorism and Responses to Ter- cially because we see that those meas- War powers belong to Congress, not the rorism. And while Iran has been a violent ures we passed in 2001 and 2002 are still President, and it is our job here to defend our and destabilizing force across the region, Mr. being used to justify sending American constitutional prerogative. And we did this by Trump’s assertion that Tehran had ‘‘created men and women into harm’s way. passing a war powers resolution. hell’’ lacked context in some cases. We could stand here all day and say I believe in truth. I do not believe in unnec- Iranian aid to President Bashar al-Assad of your side let this happen when you Syria in that country’s civil war and essary war. And I stand with this House that Tehran’s backing of Houthi rebels in Yemen were in charge, or you didn’t say any- today made a big statement for both. To cor- thing when this President did that. I both predate the signing of the nuclear rect the record of lies, I include in the RECORD agreement, formally known as the Joint don’t disagree that it has been a collec- this New York Times article ‘‘References in Comprehensive Plan of Action. tive failure on the part of this body Address to 2013 Deal Had Holes’’ by Linda ‘‘There’s nothing that Iran was doing after that we have given away our authority Qiu from January 9, 2020. J.C.P.O.A. that it wasn’t doing before,’’ said on war powers and that we haven’t Vali R. Nasr, a professor of Middle East stud- [From The New York Times, Jan. 8, 2020] done enough to grapple with the issue. ies at Johns Hopkins University and a State I hope today will not be the end of FACT CHECK—TRUMP’S INACCURATE Department official in the Obama adminis- our efforts to make progress on debat- STATEMENTS ABOUT THE CONFLICT WITH IRAN tration. ing Congress’ war powers. If the Presi- (By Linda Qiu) Calling Iran’s backing of the Houthi rebels dent thinks he needs to use military President Trump, responding during a against the Saudi Arabia-aligned govern- force, then he needs to come to Con- White House address on Wednesday to the ment in Yemen terrorism is ‘‘devaluing the word to the point where it’s meaningless,’’ gress and make the case and let us vote missile strikes by Iran, assailed the nuclear agreement reached by his predecessor and said Anthony Cordesman, an expert on mili- on it. This is the beginning of Con- praised American military might. The 10- tary affairs and the Middle East at the Cen- gress’ taking back its authority. minute address contained numerous inac- ter for Strategic and International Studies. Mr. Speaker, I urge my friends on curacies and claims that lacked evidence. As for Iran’s activities in Afghanistan and both sides of the aisle to support this Here’s a fact check. Iraq, Mr. Cordesman said, ‘‘they were more resolution, and I yield back the balance What Mr. Trump said: aggressive there because they were working to attack ISIS—as we were.’’ of my time. ‘‘Iran’s hostilities substantially increased Mr. PASCRELL. Truth matters, Mr. Speaker. after the foolish Iran nuclear deal was signed What Mr. Trump said: Truth matters. in 2013, and they were given $150 billion, not ‘‘The missiles fired last night at us and our Truth is not Democratic or Republican. Truth to mention $1.8 billion in cash.’’ allies were paid for with the funds made is not partisan. It is the basis of any society This is misleading. The agreement reached available by the last administration.’’ that hopes to be and hopes to remain civ- by Iran, the United States and a number of This lacks evidence. The White House did ilized. And so, when a faction decides that other nations to constrain Tehran’s nuclear not respond when asked to substantiate this facts are flexible, that facts are whatever vali- program did not directly provide American claim, and experts noted there was no proof money to Iran, but it did release about $100 that Iranian assets unfrozen by the deal paid dates their preconceived notions and not what billion in previously frozen Iranian assets. for the missiles. is, then that nation may as well close shop Much of the amount was tied up by debt obli- ‘‘There’s a certain fungibility here,’’ Mr. and turn out the lights. gations, for example, $20 billion to China for Walsh said. If the Iranian foreign minister, The Trump administration’s justification for financing projects in Iran. Estimates for the Mohammad Javad Zarif, ‘‘took a dollar on military action against Iran has been incon- actual amount available to Iran range from the street, did that fund the missile attack?’’ sistent at best. Donald Trump’s speech on $35 billion to $65 billion. he added. ‘‘That’s not very useful from an January 8, 2020 was a pathetic spectacle. A separate $1.7 billion transfer of cash to analytical perspective. Nor is the case that And the Congressional briefing was a sham, a Iran was to settle a decades-long dispute and giving them money caused them to attack the U.S.’’ cavalcade of falsehoods that has been de- was agreed to in negotiations that happened parallel to the nuclear deal. Before the 1979 ’’We have no indication,’’ Mr. Cordesman nounced by Democrats and Republicans alike. revolution, Iran’s shah had paid $400 million said, ‘‘whether these missiles are funded by Any rational observer, any fair-minded per- for American military goods but, after he the money from the J.C.P.O.A.’’ son can see it. Certainly, my Republican col- was overthrown, the equipment was never The director of national intelligence’s an- leagues know. Which is why some have delivered. The clerics who seized control de- nual report on worldwide threats in 2019 did turned to audacious, outrageous statements. I manded the money back, but the United note that Iran continued to develop and im- have heard them say that dissenting voices States refused. The additional $1.3 billion is prove military capabilities including bal- support terrorism simply for asking questions. interest accumulated over 35 years. listic missiles, but it did not tie those efforts That those of us who want to avoid war are Iran and other parties to the nuclear ac- to the nuclear deal. Furthermore, the annual cord signed an interim agreement in 2013, reports warned of the same efforts in 2015, traitors. but the formal agreement was not reached 2014, 2013, 2012 and before. They have gone so far and have gone so until 2015. The White House did not respond Critics of the Iran deal, including Mr. low to blame President Obama for Iran’s re- when asked for evidence of increased Iranian Trump, have long argued that it was inad- cent attack on U.S. forces. Going so far as to ‘‘hostilities.’’ equate because it did not address Iran’s abil- lie that Iran was given over $150 billion after It is worth noting that before Mr. Trump ity to develop ballistic missiles. Those re- the Joint Comprehensive Plan of Action was withdrew the United States from the nuclear strictions have instead been established by signed. agreement in 2018, his administration repeat- the United Nations Security Council resolu- These are scurrilous lies. Let me repeat edly certified that Iran was in compliance. tions. that: these accusations are lies, told by des- Afterward, as his so-called maximum-pres- The diplomatic accord was an arms deal sure campaign on Iran continued, tensions with a very narrow aim of curbing Iran’s nu- perate people. Told by people too cowardly to between the United States and Iran ‘‘esca- clear ambitions, ‘‘not a nonaggression pact, put their ambitions aside to lift a finger for lated significantly,’’ according to a recent not a form of a friendship treaty,’’ Mr. Nasr truth. I’d say they should be ashamed of them- Congressional Research Service report. Mr. of Johns Hopkins said. ‘‘Whether there could selves, but they are clearly past shame. That Trump’s claim blaming the nuclear accord have been more in the deal, of course. But ship has sailed. for Iranian aggression rather than his with- piling in expectations is disingenuous.’’

VerDate Sep 11 2014 04:29 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JA7.080 H09JAPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H114 CONGRESSIONAL RECORD — HOUSE January 9, 2020 What Mr. Trump said: personnel and aging equipment. The think Armed Forces, consistent with the requirement ‘‘The very defective J.C.P.O.A. expires tank noted that American forces are prob- of the War Powers Resolution.’’ shortly anyway and gives Iran a clear and ably capable of meeting the demands of a Imminent armed attack on our Armed quick path to nuclear breakout.’’ single major regional conflict but ‘‘would be Forces and diplomats is precisely the Trump This is exaggerated. The major provisions very hard-pressed to do more and certainly Administration’s justification for the drone limiting Iran’s nuclear capabilities last a would be ill-equipped to handle two nearly simultaneous major regional contingencies.’’ strike against Soleimani. decade or longer. And the agreement in- According to the Council on Foreign Rela- What was said: creased the ‘‘breakout’’ period—the time it tions, no president used drone strikes more would take Iran to produce enough fuel for ‘‘Three months ago, after destroying 100 one weapon—to at least a year from an esti- percent of ISIS and its territorial caliphate, than President Obama who ordered 542 drone mated two to three months. If the deal had we killed the savage leader of ISIS, al- strikes killing an estimated 3,797 people in- been left in place and fully adhered to, Iran Baghdadi, who was responsible for so much cluding 324 civilians.’’ would not have been able to achieve nuclear death.’’ Mr. NADLER. Mr. Speaker, today, this body breakout until 2030. This is exaggerated. The Islamic State lost will vote to reaffirm the fact that Congress has The agreement also prohibits Iran from its final territories in March 2019, ending the the sole power to declare war, as laid out in pursuing nuclear weapons permanently. physical ‘‘caliphate,’’ but the terrorist group the Constitution. After nearly two decades at ‘‘Iran reaffirms that under no circumstances has not been destroyed. The recent con- war, President Trump has further risked the will Iran ever seek, develop or acquire any frontation with Iran has halted the United safety and security of America, our States’ campaign against ISIS. Just this nuclear weapons,’’ the first paragraph of the servicemembers, and our allies by escalating deal reads. week, Defense Secretary Mark T. Esper and The American Israel Public Affairs Com- Gen. Mark A. Milley, the chairman of the tensions with Iran to a dangerous new level. mittee, a vocal critic of the deal, said it Joint Chiefs of Staff, said that the fight The Trump Administration’s military airstrike ‘‘largely expires after only 15 years.’’ Under against the group was continuing. targeting highlevel Iranian officials is just an- the deal’s terms, Iran agreed not to use more Mr. Trump alluded to the organization’s other example of President Trump under- than 5,060 centrifuges to enrich uranium— endurance in his speech when he said: ‘‘ISIS mining our national security by acting reck- and not to pursue research and development is a natural enemy of Iran. The destruction lessly and without sound legal authority or rea- on centrifuges—for 10 years. Limits on en- of ISIS is good for Iran. And we should work son. His rash decisions have made America together on this and other shared prior- richment levels, facilities and stockpiles last less safe. War must always be our last re- for 15 years, according to a report from the ities.’’ course, and any escalation that brings our na- Congressional Research Service. Mr. SMITH of New Jersey. Mr. Speaker, ac- Under the terms of the accord, Iran also tion closer to a third disastrous war in the Mid- cording to ABC News, General Mark Milley, dle East is unacceptable. The American peo- agreed to convert a deep underground enrich- Chairman of the Joint Chiefs said that the ment facility into a ‘‘technology center’’ ple will not stand for it. that cannot contain nuclear material and ‘‘Dec. 27 attack on the Iraqi base near Kirkuk The War Powers Act exists as a safeguard where the number of centrifuges is limited that killed a U.S. civilian contractor and against intensifying military actions that can for 15 years. Several provisions on pluto- wounded several U.S. and Iraqi forces . . . accidentally lead to war. It ensures that a nium, including forbidding the construction was designed and intended to kill, and President will engage in a public conversation of new heavy water reactors, last for 15 [Soleimani] approved it. I know that 100 per- with the American people about the merits of years. cent.’’ war, before deploying their loved ones. The Inspectors are to monitor centrifuges and General Milley said that the trigger for the related infrastructure for 15 years, verify in- Trump Administration must now recognize drone strike that killed Soleimani was ‘‘clear, Congress’s authority as a coequal branch of ventory for 20 years and monitor uranium unambiguous intelligence indicating a signifi- mines for 25 years. government and request, as well as justify, au- cant campaign of violence against the United What Mr. Trump said: thorization for any future military activity States in the days, weeks, and months,’’ and against Iran. Additionally, the Administration ‘‘We are now the No. 1 producer of oil and that the administration would have been ‘‘cul- natural gas anywhere in the world. We are must work with Congress to ensure an imme- pably negligent’’ if it didn’t act. diate, effective deescalation strategy that pre- independent, and we do not need Middle East Former Obama Homeland Security Sec- oil.’’ vents further violence. This is misleading. The United States has retary Jeh Johnson said on NBC’s Meet the While I am proud to support the War Pow- been the largest producer of oil and gas in Press that ‘‘whether Soleimani was a terrorist ers Resolution, this must be the first of many the world since 2013, a trend that began or a general in a military force that was en- steps to reassert Congress’s responsibilities under the Obama administration thanks in gaged in armed attacks against our people, he under Article 1 of the Constitution. I opposed large part to advances in shale drilling tech- was a lawful military objective.’’ the 2002 Iraq Authorization for the Use of Mili- niques. Mr. Speaker, Soleimani is responsible for tary Force (AUMF) and have worked for the The Energy Information Administration killing over 600 Americans and disabling thou- last decade to repeal it, including most re- projected in January 2019 that the United sands more. He is directly responsible for States will produce more energy than it im- cently voting against the National Defense Au- ports this year, the first time since 1950. But massive death and injury of innocent civilians thorization Act when it failed to include a that is not the same thing as not importing in the region. In the last two months alone, he House-passed repeal. I was pleased the oil from the Middle East at all. In 2018, the orchestrated 11 attacks on U.S. troops in Speaker announced plans for the House to United States imported more than 1.5 mil- Iraq—killing an American contractor and pass Congresswoman BARBARA LEE’s resolu- lion barrels a day from the Persian Gulf. wounding four soldiers—and for the attack on tion to finally repeal the 2002 AUMF and Con- What was said: our embassy in Baghdad. gressman RO KHANNA’s legislation to prohibit ‘‘The American military has been com- After yesterday’s classified briefing by Amer- funding for military action against Iran not au- pletely rebuilt under my administration at a ica’s top diplomatic, military and intelligence thorized by Congress. I am proud to cospon- cost of $2.5 trillion.’’ leaders, I came away convinced that the ac- sor both of these bills. We owe it to our mili- This is exaggerated. The $2.5 trillion figure tion by President Trump was justified, propor- tary and civilian personnel, our allies, and refers to the total defense budgets of the tionate and above all necessary to protect every American to ensure that Congress up- past four fiscal years: $606 billion the 2017 fis- American lives. holds its constitutional authority to authorize cal year (which began before Mr. Trump took That said, it is astonishing that the resolu- the use of military force. office), $671 billion in 2018, $685 billion in 2019 tion under consideration by the House today ´ and $718 billion in 2020. But the amount spent Ms. VELAZQUEZ. Mr. Speaker, this Admin- on procurement—buying and upgrading has absolutely no legal power, is non-bind- istration’s impulsive and reckless behavior has equipment—was about $562 billion over that ing—and by design can neither be signed nor made our nation and the men and women of period. vetoed by the President. our armed forces less safe. It has heightened Mr. Trump’s use of the phrase ‘‘completely Remarkably, the text of H. Con. Res. 83 the risk of a conflict in the Middle East and it rebuilt’’ is somewhat subjective. Though the also sends a mixed message. While pur- has jeopardized our relationship with our al- Trump administration has invested in oper- porting to ‘‘terminate the use of United States lies—both in the region and around the world. ational readiness over the past few years, Armed Forces to engage in hostilities in or We should remember—not long ago, many there are signs that the military continues against Iran. . . .’’ the non-binding resolution Members of this body voted to ratify the Joint to face substantial challenges in addressing an array of threats from around the world. goes on to say that such a prohibition is null Comprehensive Plan of Action or the Iran For example, the military earned a mid- and void if ‘‘such use of the Armed Forces is deal. That agreement was working, it was ac- dling grade of ‘‘marginal’’ from the conserv- necessary and appropriate to defend against cepted by the world and, most of all, it was ative Heritage Foundation’s annual index of an imminent armed attack upon the United containing Iran from securing nuclear weap- strength, based on factors like shortages in States, its territories or possessions, or its ons.

VerDate Sep 11 2014 05:17 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00048 Fmt 4634 Sfmt 9920 E:\CR\FM\A09JA7.025 H09JAPT1 SSpencer on DSKBBXCHB2PROD with HOUSE January 9, 2020 CONGRESSIONAL RECORD — HOUSE H115 President Trump and his Administration now, one lacking a coherent strategy moving Norcross Ruppersberger Takano turned away from that agreement, setting off a forward, will only add to the instability of the O’Halleran Rush Thompson (CA) Ocasio-Cortez Ryan Thompson (MS) chain reaction of events, which led to yester- region and lead to an extended conflict for Omar Sa´ nchez Titus day’s attacks by Iran on American personnel which we are not prepared. Pallone Sarbanes Tlaib who are serving in Iraq. Mr. Speaker, this resolution simply reaffirms Panetta Scanlon Tonko Pappas Schakowsky We should be clear—no one in this body— to the president and to the public Congress’s Torres Small Pascrell Schiff (NM) Payne Schneider Democrat or Republican—will mourn the loss role in authorizing the use of military force. As Trahan Pelosi Schrader of Soleimani. He was a monster who was re- representatives of Americans from every cor- Trone Perlmutter Schrier sponsible for horrible atrocities. However, we ner of the country, we deserve to have our Peters Scott (VA) Underwood also have to question whether the actions voices heard in a serious discussion on the Peterson Scott, David Vargas taken by this Administration in killing him implications of yet another conflict in the Mid- Phillips Sewell (AL) Veasey Vela made our nation, our servicemembers and our dle East. Pingree Shalala Pocan Sherman Vela´ zquez allies safer or less safe. I plan to vote in favor of the resolution and Porter Sherrill Visclosky So where have the Trump Administration’s would urge my colleagues to do the same. Pressley Sires Wasserman policies brought us? The SPEAKER pro tempore. All time Price (NC) Slotkin Schultz The government of Iraq is asking U.S. for debate has expired. Quigley Smith (WA) Waters Raskin Soto Watson Coleman forces to leave. After thousands of American Pursuant to House Resolution 781, Rice (NY) Spanberger Welch lives were lost and billions of dollars spent, the previous question is ordered on the Richmond Speier Wexton our ally in the fight against ISIS appears to be concurrent resolution, as amended. Rooney (FL) Stanton Wild Rouda Stevens moving toward expelling U.S. troops. The question is on adoption of the Wilson (FL) Roybal-Allard Suozzi Yarmuth Iran has announced that it is resuming ag- concurrent resolution. Ruiz Swalwell (CA) gressive development of nuclear weapons. The question was taken; and the NAYS—194 The people of Iran are coalescing behind their Speaker pro tempore announced that Abraham Graves (GA) Olson government, united in outrage from the ayes appeared to have it. Aderholt Graves (LA) Palazzo Soleimani’s killing. Mr. ENGEL. Mr. Speaker, on that I Allen Graves (MO) Palmer The United States government needs a demand the yeas and nays. Amodei Green (TN) Pence comprehensive, well-considered strategy for Armstrong Griffith Perry The yeas and nays were ordered. Arrington Grothman Iran. That strategy needs to be explained to Posey The SPEAKER pro tempore. Pursu- Babin Guest Ratcliffe Congress—and more importantly to the Amer- ant to clause 9 of rule XX, this 15- Bacon Guthrie Reed ican people. The rationale for killing Soleimani minute vote on adoption of H. Con. Baird Hagedorn Reschenthaler must be fully and publicly explained. I believe Balderson Harris Rice (SC) Res. 83 will be followed by a 5-minute Banks Hartzler Riggleman the American people people—when they hear vote on the motion to suspend the Barr Hern, Kevin Roby the evidence—will agree that this action was rules and pass H.R. 5078. Bergman Herrera Beutler Rodgers (WA) Biggs Hice (GA) not necessary to prevent an imminent attack. The vote was taken by electronic de- Roe, David P. Most of all, we can no longer allow diplo- Bilirakis Higgins (LA) Rogers (AL) vice, and there were—yeas 224, nays Bishop (NC) Hill (AR) Rogers (KY) macy and national security to be conducted 194, not voting 13, as follows: Bishop (UT) Holding Rose (NY) Bost Hollingsworth through Twitter. [Roll No. 7] Rose, John W. The Resolution we will vote on today would Brady Horn, Kendra S. Rouzer YEAS—224 Brindisi Hudson Roy prevent the Administration from pursuing addi- Brooks (AL) Huizenga Adams Dean Rutherford tional military action against Iran without prop- Kaptur Brooks (IN) Hurd (TX) Aguilar DeFazio Scalise Keating Buck Johnson (LA) erly consulting Congress. Allred DeGette Schweikert Kelly (IL) Bucshon Johnson (SD) Amash DeLauro Scott, Austin We, as a nation, must learn from the mis- Kennedy Budd Jordan Axne DelBene Sensenbrenner takes of the past. We cannot allow our country Khanna Burchett Joyce (OH) Barraga´ n Delgado Shimkus Kildee Burgess Joyce (PA) to ignite another war by conducing foreign pol- Bass Demings Smith (MO) Kilmer Byrne Katko icy in an irresponsible, impulsive manner. Beatty DeSaulnier Smith (NE) Kim Calvert Keller Bera Deutch Smith (NJ) The young people wearing our uniform Krishnamoorthi Carter (GA) Kelly (MS) Beyer Dingell Smucker abroad count on us to be better. We have a Kuster (NH) Chabot Kelly (PA) Bishop (GA) Doggett Spano Lamb Cheney King (IA) moral obligation to the millions of innocent ci- Blumenauer Doyle, Michael Stauber Langevin Cline King (NY) vilians living in the Middle East who could per- Blunt Rochester F. Stefanik Larsen (WA) Cloud Kinzinger Bonamici Engel ish or lose loved ones or their homes if a Larson (CT) Cole Kustoff (TN) Steil Boyle, Brendan Escobar broader conflict erupts. Lawrence Collins (GA) LaHood Steube F. Eshoo Lawson (FL) Comer LaMalfa Stewart We must be better than this Administration Brown (MD) Espaillat Lee (CA) Conaway Lamborn Stivers Brownley (CA) Evans has been. I urge my colleagues to support this Lee (NV) Cook Latta Taylor Bustos Finkenauer Resolution. Levin (CA) Crenshaw Lesko Thompson (PA) Butterfield Fletcher Levin (MI) Cunningham Long Thornberry Ms. JOHNSON of Texas. Mr. Speaker, Carbajal Foster Lewis Curtis Lucas Timmons when the President of the United States ap- Ca´ rdenas Frankel Lieu, Ted Davidson (OH) Luetkemeyer Tipton Carson (IN) Fudge proved airstrikes targeting General Qassem Lipinski Davis, Rodney Luria Turner Cartwright Gabbard Soleimani, he did so without the authorization Loebsack DesJarlais Marchant Upton Case Gaetz Lofgren Diaz-Balart Marshall Van Drew of, or consultation by, the Congress. Ameri- Casten (IL) Gallego Lowenthal Duncan Mast Wagner Castor (FL) Garamendi cans stationed abroad are now categorically Lowey Dunn McAdams Walberg Castro (TX) Garcı´a (IL) ´ less safe than they were before the president Lujan Emmer McCarthy Walden Chu, Judy Garcia (TX) Lynch Estes McCaul Walorski took action. Cicilline Golden Malinowski Ferguson McClintock Waltz Let me be clear, Mr. Speaker, no American Cisneros Gomez Maloney, Fleischmann McHenry Watkins Clark (MA) Gonzalez (TX) will mourn the loss of General Soleimani—and Carolyn B. Flores McKinley Weber (TX) Clarke (NY) Green, Al (TX) nor should they. We are not here on the floor Maloney, Sean Fortenberry Meadows Webster (FL) Clay Grijalva Massie Foxx (NC) Meuser Wenstrup today to debate the merits of his assassina- Cleaver Haaland Matsui Fulcher Miller Westerman Clyburn Harder (CA) tion, but rather to address the failure of this McBath Gallagher Mitchell Williams Cohen Hastings Administration to adhere to the longstanding McCollum Gianforte Moolenaar Wilson (SC) Connolly Hayes McEachin Gibbs Mooney (WV) Wittman procedure of congressional consultation as Cooper Heck McGovern Gohmert Mullin Womack mandated by the War Powers Resolution; spe- Correa Higgins (NY) McNerney Gonzalez (OH) Murphy (FL) Woodall Costa Himes cifically, the failure to properly and expedi- Meeks Gooden Murphy (NC) Wright Courtney Horsford tiously articulate to the Congress any intel- Meng Gosar Newhouse Yoho Cox (CA) Houlahan Moore Gottheimer Norman Young ligence supporting the alleged threat which Craig Hoyer Morelle Granger Nunes Zeldin prompted this assassination. Crist Huffman Moulton The Administration’s actions have already Crow Jackson Lee Mucarsel-Powell NOT VOTING—13 Cuellar Jayapal Nadler endangered the lives of many American Buchanan Fitzpatrick Kind Davids (KS) Jeffries Napolitano Carter (TX) Hunter servicemembers, diplomats, and foreign serv- Davis (CA) Johnson (GA) Neal Crawford Johnson (OH) ice officers. I fear that the path we are on Davis, Danny K. Johnson (TX) Neguse

VerDate Sep 11 2014 05:17 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\A09JA7.030 H09JAPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H116 CONGRESSIONAL RECORD — HOUSE January 9, 2020 Kirkpatrick Serrano Torres (CA) Hudson McNerney Sensenbrenner b 1810 Loudermilk Simpson Walker Huffman Meadows Sewell (AL) Huizenga Meeks Shalala So (two-thirds being in the affirma- b 1801 Hurd (TX) Meng Sherman tive) the rules were suspended and the Jackson Lee Meuser Sherrill Mr. CRENSHAW changed his vote Jayapal Miller Shimkus bill, as amended, was passed. from ‘‘yea’’ to ‘‘nay.’’ Jeffries Mitchell Sires The result of the vote was announced So the concurrent resolution was Johnson (GA) Moolenaar Slotkin as above recorded. Johnson (LA) Mooney (WV) Smith (MO) A motion to reconsider was laid on agreed to. Johnson (SD) Moore Smith (NE) The result of the vote was announced Johnson (TX) Morelle Smith (NJ) the table. as above recorded. Jordan Moulton Smith (WA) PERSONAL EXPLANATION Joyce (OH) Mucarsel-Powell Smucker A motion to reconsider was laid on Joyce (PA) Mullin Soto Mrs. KIRKPATRICK. Madam Speaker, I was the table. Kaptur Murphy (FL) Spanberger absent today due to a medical emergency. Katko Murphy (NC) Spano Had I been present, I would have voted: ‘‘yea’’ f Keating Napolitano Speier on rollcall No. 5, ‘‘yea’’ on rollcall No. 6, ‘‘yea’’ Keller Neal Stanton PRISON TO PROPRIETORSHIP ACT Kelly (IL) Neguse Stauber on rollcall No. 7, and ‘‘yea’’ on rollcall No. 8. Kelly (MS) Newhouse Stefanik f The SPEAKER pro tempore. Pursu- Kelly (PA) Norcross Steil ant to clause 8 of rule XX, the unfin- Kennedy O’Halleran Steube PFAS ACTION ACT OF 2019 Khanna Ocasio-Cortez Stevens ished business is the vote on the mo- Kildee Olson Stewart GENERAL LEAVE tion to suspend the rules and pass the Kilmer Omar Stivers Mr. PALLONE. Madam Speaker, I bill (H.R. 5078) to amend the Small Kim Pallone Suozzi ask unanimous consent that all Mem- Business Act to provide re-entry entre- King (NY) Panetta Swalwell (CA) Kinzinger Pappas Takano bers have 5 legislative days to revise preneurship counseling and training Krishnamoorthi Pascrell Taylor and extend their remarks and insert services for incarcerated individuals, Kuster (NH) Payne Thompson (CA) extraneous material on H.R. 535. and for other purposes, as amended, on Kustoff (TN) Pence Thompson (MS) LaHood Perlmutter Thompson (PA) The SPEAKER pro tempore (Ms. which the yeas and nays were ordered. Lamb Peters Thornberry WILD). Is there objection to the request The Clerk read the title of the bill. Lamborn Peterson Timmons of the gentleman from New Jersey? The SPEAKER pro tempore. The Langevin Phillips Tipton There was no objection. question is on the motion offered by Larsen (WA) Pocan Titus Larson (CT) Porter Tlaib The SPEAKER pro tempore. Pursu- the gentlewoman from New York (Ms. Latta Pressley Tonko ant to House Resolution 779 and rule ´ VELAZQUEZ) that the House suspend the Lawrence Price (NC) Torres (CA) XVIII, the Chair declares the House in rules and pass the bill, as amended. Lawson (FL) Quigley Torres Small Lee (CA) Raskin (NM) the Committee of the Whole House on This is a 5-minute vote. Lee (NV) Reed Trahan the state of the Union for the consider- The vote was taken by electronic de- Lesko Reschenthaler Trone ation of the bill, H.R. 535. vice, and there were—yeas 370, nays 41, Levin (CA) Rice (NY) Turner The Chair appoints the gentleman not voting 19, as follows: Levin (MI) Richmond Underwood Lewis Riggleman Upton from Michigan (Mr. KILDEE) to preside [Roll No. 8] Lieu, Ted Roby Van Drew over the Committee of the Whole. YEAS—370 Lipinski Rodgers (WA) Vargas Loebsack Roe, David P. Veasey b 1816 Adams Cicilline Estes Lofgren Rogers (AL) Vela Aderholt Cisneros Evans Long Rogers (KY) Vela´ zquez IN THE COMMITTEE OF THE WHOLE Aguilar Clark (MA) Ferguson Lowenthal Rooney (FL) Visclosky Accordingly, the House resolved Allred Clarke (NY) Finkenauer Lowey Rose (NY) Wagner itself into the Committee of the Whole Amodei Clay Fleischmann Lucas Rose, John W. Walberg Armstrong Cleaver Fletcher Luetkemeyer Rouda Walden House on the state of the Union for the Arrington Clyburn Flores Luja´ n Rouzer Walorski consideration of the bill (H.R. 535) to Axne Cohen Fortenberry Luria Roybal-Allard Waltz require the Administrator of the Envi- Bacon Cole Foster Lynch Ruiz Wasserman Baird Collins (GA) Foxx (NC) Malinowski Ruppersberger Schultz ronmental Protection Agency to des- Balderson Conaway Frankel Maloney, Rush Waters ignate per- and polyfluoroalkyl sub- Banks Connolly Fudge Carolyn B. Rutherford Watkins stances as hazardous substances under Barr Cook Fulcher Maloney, Sean Ryan Watson Coleman the Comprehensive Environmental Re- Barraga´ n Cooper Gabbard Marchant Sa´ nchez Welch Bass Correa Gallagher Marshall Sarbanes Wenstrup sponse, Compensation, and Liability Beatty Costa Gallego Matsui Scanlon Wexton Act of 1980, with Mr. KILDEE in the Bera Courtney Garamendi McAdams Schakowsky Wild chair. Bergman Cox (CA) Garcı´a (IL) McBath Schiff Williams Beyer Craig Garcia (TX) McCarthy Schneider Wilson (FL) The Clerk read the title of the bill. Bilirakis Crenshaw Gianforte McCaul Schrader Wilson (SC) The CHAIR. Pursuant to the rule, the Bishop (GA) Crist Gibbs McCollum Schrier Wittman bill is considered read the first time. Bishop (NC) Crow Golden McEachin Schweikert Womack General debate shall be confined to Bishop (UT) Cuellar Gomez McGovern Scott (VA) Woodall Blumenauer Cunningham Gonzalez (OH) McHenry Scott, Austin Yarmuth the bill and amendments specified in Blunt Rochester Curtis Gonzalez (TX) McKinley Scott, David Zeldin the first section of House Resolution Bonamici Davids (KS) Gottheimer 779 and shall not exceed 1 hour equally Bost Davidson (OH) Graves (GA) NAYS—41 Boyle, Brendan Davis (CA) Graves (LA) divided and controlled by the chair and F. Davis, Danny K. Graves (MO) Abraham Gosar Palmer ranking minority member of the Com- Allen Green (TN) Perry Brindisi Davis, Rodney Green, Al (TX) mittee on Energy and Commerce. Brooks (IN) Dean Grothman Amash Griffith Posey Brown (MD) DeFazio Guest Babin Harris Ratcliffe The gentleman from New Jersey (Mr. Brownley (CA) DeGette Guthrie Biggs Hice (GA) Rice (SC) PALLONE) and the gentleman from Illi- Brooks (AL) Higgins (LA) Bucshon DeLauro Haaland Roy nois (Mr. SHIMKUS) each will control 30 Budd DelBene Hagedorn Burgess King (IA) Scalise Burchett Delgado Harder (CA) Cline LaMalfa Weber (TX) minutes. Cloud Massie Bustos Demings Hartzler Webster (FL) The Chair recognizes the gentleman Comer Mast Butterfield DeSaulnier Hastings Westerman from New Jersey. Duncan McClintock Calvert DesJarlais Hayes Wright Gaetz Norman Mr. PALLONE. Mr. Chairman, I yield Carbajal Deutch Heck Yoho ´ Gohmert Nunes myself such time as I may consume. Cardenas Diaz-Balart Hern, Kevin Young Carson (IN) Dingell Herrera Beutler Gooden Palazzo Mr. Chairman, H.R. 535, the PFAS Carter (GA) Doggett Higgins (NY) Action Act of 2019, is a comprehensive Cartwright Doyle, Michael Hill (AR) NOT VOTING—19 Case F. Himes Brady Granger Nadler package of strategies to regulate PFAS Casten (IL) Dunn Holding Buchanan Grijalva Pingree chemicals, clean up contamination, Castor (FL) Emmer Hollingsworth Buck Hunter Serrano and protect public health. Castro (TX) Engel Horn, Kendra S. Byrne Johnson (OH) Simpson PFAS are an urgent threat to public Chabot Escobar Horsford Carter (TX) Kind Walker Cheney Eshoo Houlahan Crawford Kirkpatrick health. They are toxic, persistent, and Chu, Judy Espaillat Hoyer Fitzpatrick Loudermilk being found in the environment across

VerDate Sep 11 2014 03:42 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\A09JA7.031 H09JAPT1 SSpencer on DSKBBXCHB2PROD with HOUSE January 9, 2020 CONGRESSIONAL RECORD — HOUSE H117 the country. These ‘‘forever chemicals’’ discretion. Importantly, the drinking HOUSE OF REPRESENTATIVES, have long been linked with adverse water standard will have to protect COMMITTEE ON ENERGY AND COMMERCE, health effects, including cancer, im- public health, including the health of Washington, DC, January 6, 2020. mune system effects, infertility, im- Hon. PETER A. DEFAZIO, vulnerable populations such as preg- Chairman, Committee on Transportation and paired child development, high choles- nant women, infants, and children. Be- Infrastructure, Washington, DC. terol, and thyroid disease. cause treating drinking water to re- DEAR CHAIRMAN DEFAZIO: Thank you for Mr. Chairman, the EPA has known move PFAS is expensive, the bill in- consulting with the Committee on Energy about these risks for decades and has cludes grants for water utilities. and Commerce and agreeing to be discharged allowed this contamination to spread. from further consideration of H.R. 535, the Last year, EPA announced its PFAS Mr. Chairman, this bill includes a PFAS Action Act of 2019, so that the bill Action Plan. It was woefully inad- voluntary PFAS-free label for may proceed expeditiously to the House cookware, which may be expanded floor. equate, and since that time, we have I agree that your forgoing further action learned that EPA is not even keeping through amendments to include addi- on this measure does not in any way dimin- the weak commitments it made in that tional categories of consumer products. ish or alter the jurisdiction of your com- plan. The EPA failed to meet key end- This label will empower consumers to mittee or prejudice its jurisdictional prerog- of-the-year 2019 deadlines. It failed to take steps to protect themselves from atives on this measure or similar legislation produce a regulatory determination for exposure to PFAS. in the future. I agree that your Committee drinking water. It failed to produce will be appropriately consulted and involved The bill requires guidance for first as this bill or similar legislation moves for- hazard determinations for chemicals responders, to help them minimize ward so that we may address any remaining under Superfund. It failed to initiate their exposure to PFAS chemicals. issues within your jurisdiction. I would sup- reporting under the Toxics Release In- port your effort to seek appointment of an This is important because PFAS is ventory. appropriate number of conferees from your The Trump administration is failing commonly found in firefighting foams. Committee to any House-Senate conference hundreds of impacted communities, Taken together, this is a serious, on this legislation. and Congress must act for communities I will place our letters on H.R. 535 into the comprehensive, and reasonable bill Congressional Record during floor consider- like Hoosick Falls, New York; Parch- that should garner strong bipartisan ation of the bill. I appreciate your coopera- ment, Michigan; Parkersburg, West support. I urge my colleagues to sup- tion regarding this legislation and look for- Virginia; and far too many more. port this bill. ward to continuing to work together as this We need to act on behalf of States measure moves through the legislative proc- like my own State of New Jersey that I thank Chairman TONKO for all that ess. are doing everything they can—adopt- he did to put this package together Sincerely, ing protective State drinking water and, of course, the sponsor of the pack- FRANK PALLONE, Jr., standards and pursuing natural re- age, Mrs. DINGELL from Michigan, who Chairman. source damage cases—but facing strong has faced so many problems in your Mr. SHIMKUS. Mr. Chairman, I yield opposition from Federal agencies under home State, Mr. Chairman, where Mrs. myself such time as I may consume. Mr. Chairman, many Members on the Trump administration. DINGELL is also very involved. There have been over 500 detections both sides of the aisle have worked The bill includes a number of pieces hard to understand and address the of PFAS in drinking water and ground- of legislation before our committee by water sources in New Jersey, and this issues related to per- and members of the Energy and Commerce polyfluorinated compounds. While I op- is simply unacceptable, Mr. Chairman. Committee, as well as other Members pose H.R. 535 for both policy and prac- It is time for Congress to take action of this body. and use every tool available to stop the tical reasons, I commend all of my col- flow of PFAS pollution into our envi- Mr. Chairman, I reserve the balance leagues who have been engaged on this issue. ronment and our bodies. That is ex- of my time. Before I go into some of the more actly what the PFAS Action Act does. COMMITTEE ON TRANSPORTATION AND concerning aspects of this legislation, I This bill requires EPA to imme- INFRASTRUCTURE, HOUSE OF REP- think it is instructive to highlight a diately designate two PFAS chemicals RESENTATIVES, few facts. as hazardous substances under Super- Washington, DC, January 6, 2020. Hon. FRANK PALLONE, PFAS is not just one or two chemi- fund, the two most studied of the Chairman, Committee on Energy and Commerce, cals. According to the EPA, this class PFAS chemicals. EPA committed to House of Representatives, Washington, DC. of chemicals includes more than 5,000 make this designation in their action DEAR CHAIRMAN PALLONE: I write con- different substances with different plan last year but has failed to fulfill cerning H.R. 535, the PFAS Action Act of properties, applications, and risks. In that promise. 2019. There are certain provisions in this leg- fact, EPA’s master list of PFAS on its The legislation requires that, over a islation that fall within the Rule X jurisdic- website includes 7,866 derivations. 5-year period, EPA reviews all other tion of the Committee on Transportation EPA does not have health effects PFAS chemicals and decide whether to and Infrastructure. data on the vast majority of PFAS. In list them under Superfund. During that In order to expedite floor consideration of fact, EPA recently announced scientif- 5 years, the bill will require com- H.R. 535, the Committee on Transportation ically valid methods—that means you prehensive health testing of all PFAS and Infrastructure agrees to forgo action on are able to test to determine what it chemicals. the bill. However, this is conditional on our is—for just 29 of these 7,866. We don’t This is a really important point. You mutual understanding that forgoing consid- have the capability even to understand may hear my colleagues talk today eration of the bill would not prejudice the if it is present because we don’t have about the need to base decisions on Committee with respect to the appointment the capability even to identify them. science, and this bill will generate that of conferees or to any future jurisdictional EPA has actively engaged in a PFAS science. The two chemicals will be reg- claim over the subject matters contained in action program involving many dis- ulated upfront because we already have the bill or similar legislation that fall within ciplines across the agency. I recently the science on them. Other PFAS will the Committee’s Rule X jurisdiction. I also talked to the Administrator to urge request that you urge the Speaker to name be regulated if, over the next 5 years, him to move as quickly as possible members of this Committee to any con- the science concludes that they are ference committee which is named to con- with multiple action items and hazardous. sider such provisions. timelines. The bill also includes a moratorium Now, enter this bill, H.R. 535. This on any new PFAS during that same 5- Please place a copy of this letter and your legislation requires aggressive regu- year period. This will provide EPA the response acknowledging our jurisdictional latory responses to this diverse class of interest into the Congressional Record dur- man-made chemicals without regard to time it needs to ensure it has enough ing consideration of H.R. 535 on the House science to really evaluate new PFAS. floor. science or risk. This is an unprece- H.R. 535 also requires a drinking Sincerely, dented way of conducting science and water standard that will cover at least PETER A. DEFAZIO, flies in the face of decades of U.S. envi- the two chemicals and others at EPA’s Chair. ronmental policy. In fact, we have

VerDate Sep 11 2014 03:42 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JA7.085 H09JAPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H118 CONGRESSIONAL RECORD — HOUSE January 9, 2020 never legislatively banned a chemical As I mentioned, innocent parties like Tragically, there is no science here. in all the years since the Superfund, drinking water utilities that just treat- The EPA was not allowed to testify back in 1980. ed what they got from their source here. This is a solution that will never To my colleagues who love to preach water are hostage to endless liability become law. It completely overreaches. science on climate change, I hear you, for cleanup, regardless of their per- You are going to hear from some of but you cannot walk away from the sonal contribution. In fact, I would our Members, including Dr. BUCSHON, science debate when it doesn’t support argue they didn’t make any contribu- who is a heart surgeon, about the im- your policy position. Let me say that tion. Why not exclude the water dis- pact this could have on new tech- again. For my Democratic friends who tricts from Superfund liability if they nologies and devices that get im- love to preach science, you can’t walk are just passthroughs? No, we are tak- planted into people’s hearts. away from the science debate on this ing care of the airports, but we are not You will hear about automobiles and and walk away from the fact that we protecting municipal water systems, aircraft that use these very specialized need a scientific study of this. They are co-op water systems, and other sources chemicals and materials in their manu- trying to have it both ways. of drinking water, and we are going to facturing processes that probably have I know many of my Democratic col- put additional mandates and costs on nothing to do with what we are trying leagues think this bill is essential be- them. to fix here. cause they don’t trust the EPA run by I know communities with PFAS pol- You will hear, and it is true, that this President. I understand that is lution want it cleaned up quickly, but this is the first time we are going to your call. But I would also ask you to nothing, as I said before, with CERCLA throw science out the window and think about the mandates you are plac- is fast. It is always more expensive make a political decision. ing on the Environmental Protection than you think, and the stigma of the So, Mr. Speaker, I must rise in oppo- Agency, which will far outlast this ad- designation scars a community’s econ- sition to H.R. 535, the PFAS Action Act ministration. They will legally ham- omy and dampens its future prospects. of 2020, and urge my colleagues, sadly, string future ones from facing issues Other significant problems with this to do the same. other than PFAS, whether it is lead or legislation include section 4, which We all want a solution to the coun- climate. places a commercial moratorium on try’s PFAS challenges. And while there I mentioned that science-based deci- new PFAS chemicals for 5 years, even is more work to be done, I would say, sions that have supported EPA’s work though Federal law already prevents thanks to Mr. SHIMKUS and others, for years are being jettisoned, but that any unsafe chemical from entering the Congress has already acted to provide is just one feature. The more long- market until EPA scientifically re- some funding for reducing PFAS in range trouble includes the automatic views it and determines its safety. This drinking water in rural and economi- designation of PFOS and PFOA as haz- delays cleaner, greener, and safer cally distressed areas. ardous substances under the Super- chemicals from coming on the market. We require the Federal Government Let me repeat this. Existing law bans fund, which is called the Comprehen- to enter into cooperative cleanup and bars any new chemical or new use sive Environmental Response, Com- agreements for Federal facilities with of an existing chemical from going to pensation, and Liability Act, CERCLA. PFAS contamination. the market unless EPA signs off on This designation may be warranted, But we all know more needs to be that and it meets a tough safety stand- but under this bill, it would come with- done. ard. This bill places an arbitrary ban out knowledge of who is responsible, Unfortunately, my friends on the on top of that review. Next-generation where PFAS contamination is, how se- other side of the aisle have chosen to heart valves, car brakes, solar panels, rious it is, and without any public com- go partisan with H.R. 535, and that is and military equipment all will be ment. not the way to go, it is not the solu- stopped from coming to market be- In fact, my colleagues think that tion. cause of this. putting it in the Superfund is going to This follows two plays Democrats in- solve this problem and that they are b 1830 sist on running ad nauseam: putting going to be able to clean it up right Section 3 creates an unrealistic man- politics over progress and pushing leg- away. Well, I have a list here of Super- date on EPA to require all manufactur- islation that will never become law. fund sites. The Superfund was set up in ers and processor testing of PFAS. This This was the playbook they ran in 1980. We have a site here that is still a requirement overlaps one that compa- December when, sadly, they walked Superfund site back to 1983. nies send all their existing PFAS infor- away from progress in protecting pub- So those of you who think, put it in mation to the EPA by 2023. lic health that resulted in two major the Superfund, and it is all going to be Regardless, why even bother doing missed opportunities. cleaned up, good luck. If you have dealt real science when you have already First, we had the chance to mandate with this issue, it is not going to hap- made a decision based on political that the EPA establish a drinking pen, probably, in your lifetime. science? More practically, does EPA water standard for PFOA and PFOS Don’t get me started on the perverse even have the resources to keep up within 2 years. We had that oppor- strict, joint and several, and retro- with such a demand? We could have tunity to get it into law. active liability to releases of hazardous asked them had they been invited to Second, we could have ensured imme- substances, a trial lawyer’s bonanza. testify on this legislation. diate and mandatory cleanup of PFOA We know the majority understands These are not minor concerns. They and PFOS at all Department of Defense this is an issue because the rule exe- sparked opposition, especially in the facilities. We could have put that into cuted provisions relieving airports Senate, and are the reason why these law. We were in agreement except for from Superfund liability. Plus, the bill items were not included in the Na- Democrats here, and as a result, they requires EPA to review all 7,864 PFAS tional Defense Authorization Act. If wouldn’t take yes for an answer, and in 5 years to determine without public this process is making good law instead we lost those opportunities. comment whether they present a sub- of messaging, I would urge my col- But back to H.R. 535. This measure is stantial danger. leagues to keep that in mind when vot- packed with bad policy and unfortu- We can’t do 29 in 20 years. How are ing. We can do better. nately, or fortunately, is dead on ar- we going to do 7,866 chemicals in 5 Mr. Chair, I yield such time as he rival in the Senate. years? It just can’t be done. may consume to the gentleman from Sadly, it delays much needed action While a Superfund designation for Oregon (Mr. WALDEN), the ranking to enact science-based solutions that just PFOS and PFOA may seem reason- member of the full committee. protect our constituents. So this hurts able, the reality is section 15 of H.R. Mr. WALDEN. Mr. Chairman, I want Americans, it leaves our communities 535 deems all PFAS as hazardous air to thank Mr. SHIMKUS for yielding to vulnerable, and it did not have to be pollutants under Clean Air Act section me. He has really poured his heart and this way. 112(b). This automatically makes the soul into this issue and has worked During the Energy and Commerce entire PFAS class hazardous under the very hard on it, is so knowledgeable Committee’s consideration of H.R. 535, Superfund law. about it. And he is spot on. we had a very robust debate on this

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I also want to is one of the most knowledgeable peo- These proposals were not the way he thank the others who have worked on ple I know, she has talked to me about or I would have crafted them on our this legislation, including the gen- this legislation. own, but we were willing to com- tleman from New Hampshire, CHRIS Mr. Chair, I want to thank the com- promise, we were willing to reach PAPPAS. mittee, I want to thank the sponsors across the aisle, we were willing to The package of 12 bills was approved who have worked so hard on this, and I reach across the chamber to the Sen- by the Energy and Commerce Com- am glad that we could bring this to the ate, because we wanted to be part of mittee in a bipartisan vote in Novem- floor at the first opportunity. the solution. ber. Its provisions will, among others, Mr. SHIMKUS. Mr. Chairman, I yield Sadly, we are here today with a bill establish a protective safe drinking as much time as he may consume to that, frankly, reaches a new low. water standard for PFAS contamina- the gentleman from Indiana (Mr. Last month, we had a vehicle to tion based upon science; improved test- BUCSHON), a cardiothoracic surgeon. make real, meaningful progress on ing of existing PFAS chemicals; limit Mr. BUCSHON. Mr. Chairman, we all drinking water standards and PFAS the introduction of new ones; and pro- want to keep our communities safe cleanup. We could have done more, but vide for their safe disposal. from chemicals that can pose a threat that progress was stopped and this bill Most importantly, it will begin the to the health of our constituents. How- was brought forward. process of helping clean up PFAS-con- ever, we need to get the solution right So, Mr. Chair, I want to help commu- taminated sites under the Superfund and not settle on a one-size-fits-all ap- nities deal with PFAS concerns. I want program. proach. to do it in a scientifically-based way. Critically important, particularly As currently written, the PFAS Ac- It is important the actions we take the sponsors are fighting contaminated tion Act does not get it right, because are appropriately measured and justi- sites in their own areas. it would impose Superfund liability fied and backed up by science. This The Defense Department, which for under CERCLA on lifesaving and other package, though, is not a practical, years has used firefighting foam con- medically beneficial products that science-based solution. taining PFAS chemicals, has failed to have already undergone a rigorous ap- Mr. Chair, I urge a ‘‘no’’ vote. proval process conducted by the U.S. Mr. PALLONE. Mr. Chairman, I yield clean up sites across the country that Food and Drug Administration to en- 1 minute to the gentleman from Mary- have contaminated the drinking water of countless Americans. sure they are safe to use in medicine. land (Mr. HOYER), our majority leader, To designate these lifesaving devices and I want to thank him for Why is that? Because the EPA has failed to list as a hazardous substance is inappro- prioritizing this PFAS package and priate and may cost American lives. making it one of the first things that these chemicals under the Superfund law, notwithstanding their toxic and That is why I am disappointed that we do in 2020. my amendment to exempt FDA-ap- Mr. HOYER. Mr. Chair, I thank the adverse effects. This legislation is a major action proved or -cleared products from liabil- gentleman for his comments. Nobody ity under section 107 of CERCLA with has fought harder than Mr. PALLONE aimed at safeguarding public health and protecting Americans’ access to respect to PFAS was not made in and Mr. TONKO to make sure that this order. legislation moves forward. And, of clean and safe drinking water. Mr. Chair, I want to thank Rep- As a physician, I have firsthand expe- course, we worked very hard with the rience with lifesaving medical devices Senate to try to have these protections resentative DINGELL for her leadership on this issue; her partner, FRED UPTON, that include PFAS, such as vascular included in the Senate bill. Unfortu- grafts, stent grafts, heart patches, nately, we didn’t get there. the former chairman of the committee; Chairman PALLONE and subcommittee catheter tubes, and more. Mr. Chairman, while I am glad that In fact, this medical device right Chairman TONKO of the Energy and Congress was able to take small steps here, which you see pictured behind to address the hazards of PFAS con- Commerce Committee, who have both done extraordinary work on this legis- me, is used to close what is called an tamination through passage of the 2020 atrial septal defect, a procedure used to defense authorization bill last month, lation. Mr. Chair, I also want to thank close a hole in the heart. This product that action alone was not enough. That contains polytetrafluoroethylene, a is why the House is taking further ac- Chairman DEFAZIO of the Transpor- tation and Infrastructure Committee PFAS. tion this week. As a surgeon, I used to have to per- for his committee’s efforts to address These contaminants, known as for- form open heart surgery, with weeks of this issue as well. ever chemicals, because they do not recovery and rehab for patients after Mr. Chair, I commend the 50 mem- break down and can remain in the this procedure. human body for many years, have been bers of the bipartisan House PFAS This device now allows it to be done shown to raise one’s risk of deadly can- Task Force—50 members, bipartisan— sometimes as an outpatient. cers, reproductive and immune system who have been working diligently on This bill, as it stands, would deny disorders, and other health problems. this issue for years. Hoosiers and Americans the healing For decades, we have known that Mr. Chair, I also commend Rep- power of modern medical devices using PFAS contamination is a problem. resentative CHRIS PAPPAS and ANTONIO PFAS, and instead, lead to costly liti- According to the EPA, millions of DELGADO from New York, who have gation, which would increase the un- Americans are exposed to unsafe levels both focused very much on this issue derlying costs of healthcare. of PFAS through their drinking water. and believe this legislation is critical. We must be careful before instituting The Trump administration, under its This legislation may be the first a one-size-fits-all approach to PFAS. own PFAS Action Plan, promised to es- comprehensive PFAS bill brought to Mr. Chair, for that reason, I urge my tablish a drinking water standard by the House floor, but I doubt it will be colleagues to oppose the legislation. the end of last year. Let me repeat the last. Mr. SHIMKUS. Will the gentleman that. The administration planned to Mr. Chair, I urge all of my colleagues yield for purposes of colloquy? have a standard by the end of last year. to join in voting for this bill. I hope Mr. BUCSHON. I yield to the gen- Unfortunately, that has not been ac- that the Senate will take it up without tleman from Illinois (Mr. SHIMKUS). complished. It has taken neither of the delay and send it to the President’s Mr. SHIMKUS. Just to clarify: one is steps that it indicated it would, mak- desk for approval with the strong bi- that we are exempting airports from ing this legislation very necessary. partisan support it deserves. Superfund liability, but we are not ex- That is why the House is considering I might mention that I have had ex- empting medical devices that are FDA PFAS legislation this week introduced tensive conversations with a former approved in infants’ bodies?

VerDate Sep 11 2014 03:42 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JA7.087 H09JAPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H120 CONGRESSIONAL RECORD — HOUSE January 9, 2020 Mr. BUCSHON. That is my under- we know that now. In a recent review, When you know the facts, I don’t un- standing. That is correct. the CDC identified a number of health derstand how anybody could let Amer- Mr. SHIMKUS. And that device that effects associated with PFAS exposure, ican people be poisoned, and it is time you have is a per- or polyfluorinated including cancer, liver damage, de- for us to act. compound; is that correct? creased fertility, and an increased risk Mr. SHIMKUS. Mr. Chair, I yield my- Mr. BUCSHON. That is correct. of asthma and thyroid disease. self 1 minute to respond. Mr. SHIMKUS. And it is FDA ap- Experts believe that as many as 99 Mr. Chair, if all this whole class of proved? percent—some people say 97. I have an 7,866 chemicals is so dangerous, why Mr. BUCSHON. That is correct. official source that says 99. Who cares does FDA allow us to implant them in Mr. SHIMKUS. And if it is toxic, what that number is, because most the hearts of infant children? which means it would be defined as Americans at that level have PFAS in If this is so dangerous—there may be harmful to a baby, why are we using it their blood, and they don’t even know a couple that are bad, we are not dis- in a baby to fix the heart? it. puting that, but the entire class? Mr. BUCSHON. Well, because it has Michigan has been hit hard. It is If it is so bad, why does the FDA say not been shown to be toxic. It has been ground zero for where PFAS has been it is okay for food packaging? approved by the FDA and shown to be identified. We have 74 sites, but only If it is so bad, why didn’t my friends safe for patient use. And we might not because, after Flint, we learned. We in the Obama administration, in that be able to use them in the future if it look and try to keep our citizens from EPA ban it? Because they want to do is declared toxic. being poisoned. the scientific analysis. Mr. SHIMKUS. Mr. Chair, I thank According to the Environmental Mr. Chair, I reserve the balance of the cardiothoracic surgeon for yield- Working Group, PFAS has been de- my time. ing. tected in the drinking water of more Mr. TONKO. Mr. Chair, I yield 1 Mr. TONKO. Mr. Chair, I yield myself than 1400 communities across the coun- minute to the gentlewoman from Illi- such time as I may consume. try; and those drinking water systems nois (Ms. SCHAKOWSKY). Mr. Chair, I want to respond to some- serve 19 million people in this country, Ms. SCHAKOWSKY. Mr. Chair, I rise thing I keep hearing from my Repub- including 300 military installations today in support of H.R. 535, the PFAS lican colleagues, which is the argument that have been identified. Action Act, sponsored by Congress- that we should abandon important pro- In my district, PFAS is in the water woman DINGELL and Congressman posals because the Senate simply will in the Huron River, and we can’t eat UPTON. not accept them. the fish. I was at a townhall meeting The EPA has acknowledged that We cannot control the Senate, but we and a man got up—he was older—and PFAS chemical exposure can lead to have the ability and the responsibility said to me: I used to eat that fish. I re- adverse health effects for human to pass strong legislation through this lied on it. When will I be able to eat it beings, but it has been very slow to do body and work as hard as we can to get again? anything about it. it enacted. I didn’t want to say this to him, but PFAS chemicals present a clear and I believe in the prerogative and the fact of the matter is probably not present danger to communities all over power of the House of Representatives in his lifetime. the United States. They are linked to to do what is right, and so I can only Most of these sites are not being cancer, can cause birth defects, disrupt hope that the Senate will follow our cleaned up. And the number of sites is thyroid hormones, and affect the im- example. expected to grow across the country as mune system. Mr. Chair, I yield 5 minutes to the more States do the testing they need Beyond the military, where it is all gentlewoman from Michigan (Mrs. DIN- to do to protect their citizens, to find over our bases, the chemicals can be GELL), a champion on this issue. PFAS. found in food packaging, commercial Mrs. DINGELL. Mr. Chairman, I But the most troubling thing is that household products, our workplaces, thank the chairman for yielding and the manufacturing companies know and our drinking water; and certain for his leadership, and Chairman PAL- the danger of PFAS and even tracked PFAS chemicals are so dangerous that LONE’s leadership on all of these issues. it in the blood of their employees, they are no longer manufactured in the I rise in strong support of H.R. 535. while the EPA has completely aban- United States. Exactly 1 year ago, I introduced the doned its responsibility to act swiftly Mr. Chair, we need to pass this bill, PFAS Action Act, and have been joined and comprehensively. as we have done once before. by many of my colleagues in this effort And our military is saying they don’t Mr. TONKO. Mr. Chair, might I in- in the last year. have to clean it up. Why? Because it is quire of the time that is remaining for not listed under CERCLA and because our side. b 1845 they are not required to do so. The CHAIR. The gentleman from I promised my constituents that we Here is the reality. We are not clean- New York has 18 minutes remaining. would take serious steps to address ing up the contamination. We don’t The gentleman from Illinois has 141⁄2 that issue, and that is what we are even have a protective drinking water minutes remaining. doing today. standard. Mr. TONKO. I yield 2 minutes to the Let us be very clear: PFAS is an ur- And you talk about science, Gov- gentleman from California (Mr. RUIZ.) gent public health and environmental ernor Rick Snyder, a Republican, ap- Mr. RUIZ. Mr. Chair, there was an threat, and the number of contamina- pointed a scientific community that excellent question posed by a nonphysi- tion sites nationwide is growing at an said that the guideline—not a stand- cian as to why it would be safe for a alarming rate, including our military ard—isn’t stringent enough to protect medical device to exist within the baby bases. human life. and approved by the FDA, and I think PFAS chemicals are everywhere. Now, EPA keeps coming and testi- it is important to understand the phys- They are in our nonstick cookware; fying before our committee, and they iology of what is the pathophysiology they are in food containers; they are in say they are going to do it soon, but I of these chemicals in the human body. carpet, clothing, cosmetics, and fire- sure don’t see them doing it. The danger with these chemicals is fighting foams, just to name a few. Do you all realize that exposures to when they actually cross either the PFAS is persistent. It accumulates in contaminated water, air, and soil that air-blood barrier or are deposited into your body, and it is toxic. They are include PFAS and toxins kill more peo- tissue, whether they are ingested, in- manmade, and they are known as a for- ple than smoking, hunger, war, natural haled in a specific form, that then gets ever chemical. They don’t break down disaster, AIDS, and malaria together? deposited and accumulates over time. in the environment; they don’t break Did the Flint water crisis not teach When they are packaged in a specific down in your body; and they don’t us in this Congress and the country device, they don’t necessarily start to break down in the wildlife. something? get absorbed or within a certain Exposure to PFAS, even at low lev- Mr. Chair, I thank all of my col- amount to prevent certain illnesses. els, poses significant health risks, and leagues who have worked on this issue. But when you break them down into

VerDate Sep 11 2014 03:42 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JA7.089 H09JAPT1 SSpencer on DSKBBXCHB2PROD with HOUSE January 9, 2020 CONGRESSIONAL RECORD — HOUSE H121 chemical reactions to actually get de- Mr. SHIMKUS. No, I understand the This is a reasonable approach that posited, then that is when you come up physiology. I got that. I am just telling will not regulate PFAS chemicals that with illnesses. you the problem with this bill. are found to be nonhazardous and will That is why it is so dangerous, be- But the question is, the device, la- take no immediate action on PFAS cause in terms of the tissue, in terms beled as toxic, thrown in a municipal chemicals still being made. of the route of ingestion, in terms of waste field would then become a Super- I also want to note that FDA review the different forms of the way it is ac- fund site under current law. and CERCLA listing are not incon- cumulated, it can have dire effects. And then I guess the other question I sistent. FDA review looks at whether a Ninety-seven percent of Americans would ask the doctor is: There are 7,866 product is safe and effective for specific have or have had harmful PFAS chemi- permutations of per- and uses. CERCLA focuses on whether a cals in their bloodstream. They are polyfluorinated compounds. I would chemical is hazardous when released known as forever chemicals because, ask the doctor, which one is he refer- into the environment. once consumed, they take years and ring to? Many items that have important, years and years to leave your body. Mr. Chair, I reserve the balance of even lifesaving uses, are not safe when We eat these chemicals when our my time. dumped into the environment. And to foods are stored in PFAS-containing Mr. TONKO. Mr. Chair, I yield 1 be clear, the FDA is not recommending packages. And, like I said, there is minute to the gentleman from Florida that healthy individuals implant PFAS some leakage there. We drink them (Mr. SOTO). into their bodies. The FDA is making a when they accumulate in our drinking Mr. SOTO. Mr. Chair, our constitu- careful decision that someone in need water in their most basic form. And ents across America would be surprised of a heart stent is served by this device PFAS can also be passed along during to know that so many of these districts more than they are harmed. pregnancy and breastfeeding when they have been poisoned by a chemical they Mr. Chair, I yield 1 minute to the are in their smallest form as well. never even heard of, the PFOS and gentlewoman from Pennsylvania (Ms. Even small levels of exposure to PFAS chemicals. But they would be DEAN). PFAS have been shown to harm peo- even more shocked to know that the Ms. DEAN. Mr. Chair, I thank Rep- ple’s immune systems. very cookware that they cook their resentative TONKO for yielding. Again, this is through the medical- meals to serve to their little kids and Article I, section 27 of the Pennsyl- scientific literature. The medical-sci- to their families contain that very poi- vania Constitution, States: ‘‘The peo- entific literature has shown that small son. So why wouldn’t we want to let ple have a right to clean air, to pure levels of exposure to PFAS have shown them know, give them a heads-up? water.’’ harm to people’s immune systems, in- And then, turning to Florida, we had Similar in spirit, the Environmental crease their risk of certain types of a cancer cluster in Ocala, Florida, that Protection Agency’s website proclaims cancer, and affect thyroid function. hurt countless firefighters. If we are that: ‘‘The mission of EPA is to protect The CHAIR. The time of the gen- not here to protect little kids and fire- human health and the environment.’’ tleman has expired. fighters, why are we here? Unfortunately, EPA has taken only We don’t need to wait for the Senate Mr. TONKO. I yield the gentleman an halting steps to deal with our PFAS to tell us whether we can act or not. additional 30 seconds. water contamination challenge, despite Mr. RUIZ. Even small levels of PFAS We need to act now, and that is why I its ongoing harm to human health. can be harmful to the public’s health. am supporting this bill. EPA’s website describes those harms: Mr. SHIMKUS. Mr. Chair, I reserve The PFAS Action Act of 2019 will ‘‘low infant birth weights, effects on the balance of my time. help address this public health issue by Mr. TONKO. Mr. Chair, H.R. 535 lists the immune system, cancer . . . and establishing a maximum contaminant only PFOA and PFOS under Superfund thyroid hormone disruption.’’ level for PFAS in drinking water, pro- and leaves decisions for all other PFAS I rise in support of H.R. 535 which vide funds to help communities remove to EPA. EPA has already committed to will require EPA to mandate cleanup of PFAS from their drinking water, and listing PFOA and PFOS under Super- contaminated sites, set air emission require continuing monitoring of fund and has been working on the list- limits, and limit new PFAS chemicals PFAS. It also provides millions specifi- ing since 2018. The bill will speed up in the marketplace; Identify health risks by requiring cally for disadvantaged communities that listing, so that cleanup of existing comprehensive health testing, report- harmed by PFAS-affected water sys- contamination starts sooner, but does ing and monitoring; tems. not change how Superfund will apply. Having clean water to drink is a com- The two PFAS that will be listed Require a national PFAS drinking mon good for everyone, not a privilege under Superfund by this bill have al- water standard that creates clarity for for the few. ready been phased out by industry States and municipalities; I urge everybody to vote ‘‘yes.’’ under a voluntary EPA partnership Holds polluters accountable. Mr. SHIMKUS. Chair, I yield myself more than a decade ago. I am pleased to have worked on this such time as I may consume. public health issue and to see that part Mr. Chair, on my time, I have a ques- b 1900 of my bill, H.R. 2600, included, which tion for the gentleman from California They are not being made in this will require EPA to develop needed (Mr. RUIZ). I have great respect for the country anymore. So no one producing rules for safe PFAS disposal. doctor and his medical knowledge—just airplane door seals or heart stents or I rise in support of this bill. two questions. any other product is using the chemi- Mr. SHIMKUS. Mr. Chair, I yield my- One, if the medical device has been cals listed under the bill. The FDA is self such time as I may consume. made, right, and then there is a defect, not approving heart stents made of Mr. Chair, just a couple of points. Ob- so they throw it away, and if we have these chemicals. viously, we have numerous problems labeled that as a toxic chemical, then Most of those products are actually with all of the sections of this bill. that chemical in the municipal waste made from PTFE, better known as Tef- The one that is also troubling is the now becomes a Superfund site; right? lon. The companies who make and use 5-year ban, because under TSCA, which I yield to the gentleman from Cali- PTFE believe it is not hazardous. If we worked on, passed in a bipartisan fornia. that is true, the testing regime in this manner, no new chemicals can come to Mr. RUIZ. I do not know the answer. bill will show it to be true. And if it is the market unless it is safe. Mr. SHIMKUS. The answer is, under true, the EPA will not list it under So what this bill does, is already current law, H.R. 535, not amended, the Superfund. label a per- or polyfluorinated com- answer is yes. The bill leaves the listing decision pound that could be very lifesaving and So why would they make it? for PTFE and all other PFAS currently helpful, it puts a scarlet letter on them Mr. RUIZ. What I can answer is that produced in this country to EPA. It beforehand and it doesn’t allow it. PFAS can be harmful to one’s health gives the EPA 5 years to evaluate those Chemistry is the future, cleaner, even though they may have a utility chemicals and supplies them with the greener, and it is the future for an EV for a medical device. needed science. world, super computing, you name it.

VerDate Sep 11 2014 03:42 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JA7.091 H09JAPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H122 CONGRESSIONAL RECORD — HOUSE January 9, 2020 But we are banning per- and Superfund cleanup sites for the assign- Because of recent actions on the part of the polyfluorinated compounds. Now re- ments of liability. responsible party for containing the effects of member, there are 7,866 different per- The CHAIR. The time of the gentle- creosote contamination of ground water, I mutations of this. So where we accept woman has expired. called a community meeting including all rel- the premise that there may be some Mr. TONKO. Mr. Chair, I yield the evant entities in April of 2019. that are terrible, we are not accepting gentlewoman from Texas an additional As an action item from that meeting I re- the premise that they are all bad, and 1 minute. quested, that the Texas Commission on Envi- that is what this bill does. Ms. JACKSON LEE. Mr. Chair, I ronmental Quality arrange a cancer cluster I also want to highlight that Super- thank the gentleman for yielding. study of the 5th Ward area of Houston that fund designation is not salvation. Mr. TONKO. The mechanisms for re- would be conducted by the Texas Department porting on potential toxicants should Eielson Air Force base in Fairbanks, of State Health Services (DSHS). Alaska, went on the Superfund site No- allow citizens ready access to informa- The DSHS analyzed census tracts in Hous- tion on what they can do to alert au- vember 21, 1989. It is still there after 30 ton to determine the incidences of cancer. years. So just think about the commu- thorities to environmental threats. The analysis examined cancers—specifically Ms. JACKSON LEE. The commu- nity now that has been stigmatized those associated with adults. nities like the Fifth Ward and sur- under a Superfund designation, and The study analyzed a half-dozen types of rounding areas in Houston can be in- they are not going to be able to rede- adults referencing cancers in the Texas Can- valuable to assisting agencies in iden- velop, retrain, rebuild, and grow the cer Registry. tifying ways to improve on the infor- It concluded that ‘‘the numbers of esoph- economy. mation provided to the general public— I have a whole list of these things agus, lung and bronchus and larynx cancers they live it every day. These are life or from 30 years, 32 years, 30, 35 years ago. death issues—on the means and meth- were statistically significantly greater than is Most of us have dealt with Superfund ods available to citizens to report envi- expected based on cancer rates in Texas.’’ sites in our district. I have. They are ronmental concerns and how these The DSHS’s work was incomplete—we do no fun and they are not helpful, and it products are used amongst the commu- need more data. takes forever. nity for products that are very needed This report, however, confirmed the fears of Talking about forever chemicals, we in the community, and have those con- constituents in my district, as expressed at my are talking about forever Superfund cerns adequately addressed. April town hall meeting. sites, and that is what you are signing Mr. TONKO. The public is vital to According to the report, incidences of can- up for in this debate. the work of environmental protection, cer outside of normal probabilities has oc- Mr. Chair, I reserve the balance of and I look forward to learning more curred in 5th Ward Houston. my time. about the residents of the Fifth Ward Specifically, the DSHS analyzed the Texas Mr. TONKO. Mr. Chair, I yield 1 and surrounding communities, and the Cancer Registry available from 2000 to 2016, minute to the gentlewoman from Texas gentlewoman’s efforts to address creo- as it relates to the affected areas, in which (Ms. JACKSON LEE). sote contamination. And I thank the ‘‘[l]ung, bronchus esophagus, and larynx can- Ms. JACKSON LEE. Mr. Chair, to the gentlewoman for bringing this to the cers were statistically significantly greater than gentleman from New York, I would like attention of the committee and Mem- expected.’’ to enter into a colloquy regarding creo- bers of Congress. The report also found that the types of can- sote contamination in the 18th Con- Ms. JACKSON LEE. Mr. Chair, I cers which were identified in the study are gressional District. thank the gentleman very much, and consistent with those present in arsenic, which I certainly rise to support enthu- as I leave the floor, just want to take comprises creosote. siastically H.R. 535. For decades the note of the contamination in the State Given the findings of the DSHS report, and residents of the Fifth Ward and sur- of Texas and this is what we are fight- the impact this has on the health and rounding areas, residential areas in ing. wellbeing on my constituents in Kashmere Houston, which is located on the north- Mr. Chair, as a senior member of the House Gardens, I will be working to address the need ern side of my district, have long sus- Committee on Homeland Security, I rise in to place energy and effort to address commu- pected that creosote was making them strong support of H.R. 535, the PFAS Action nity environmental concerns more effectively. sick. They were exposed to creosote Act of 2019, which will regulate in a com- And there have been critical, tangible health through soil and water contamination prehensive fashion Per- and poly- fluoroalkyl consequences to the emergence of these can- through a railroad yard. substances (referred to as PFAS). cer clusters for decades that went Last April, during a community I support the legislation because it also pro- uninvestigated. meeting I hosted for residents on the tects public health by containing provisions to In my April community meeting and in De- topic of creosote contamination, I re- clean up contaminated sites. cember during a media event and tour, I heard quested a cancer study from the Texas I have long held concerns regarding envi- stories that were stark in their nature, compel- Commission on Environmental Quality ronmental justice issues that impact urban and ling and tragic on the incidence of illness and after person after person spoke about rural communities who disproportionately face cancer that has plagued residents of 5th cancer and their relative dying. problems associated with contaminated water, Ward. The study found that three adult res- soil, and air pollution. Speaker after speaker at these community piratory-system-related cancers oc- My work to protect residents of the 18th meetings spoke of the existence of the cancer, curred in that Fifth Ward and sur- Congressional District from harms caused by either in themselves or in their relatives. rounding areas, including Kashmere contaminants over the last year include: creo- It was startling. Gardens. The cancers included, lung sote ground water contamination and the op- One participant spoke of having a vegetable and bronchus, esophagus, and larynx. position of permitting of a cement manufac- garden and concerns about whether it was Toxic substances, such as creosote, turing facility near residential spaces in Fifth safe to eat the food grown. should not be in common use where Ward Houston and Acres Homes respectively. Another resident spoke of a recent diag- human activity is present, and it Through a series of major community meet- nosis of cancer and the number of neighbors should not take decades for hazardous ings on environmental hazards I held last year and family members who had contracted can- environmental concerns expressed by I can attest that people are literally fighting for cers over the years. citizens to get addressed. their lives and the lives of their children be- The open over 20 feet deep creosote dip- Mr. TONKA. Will the gentlewoman cause of disparate conditions regarding man- ping pit that abutted back yards of residents yield? aging containment and cleanup of an existing for decades was real. Ms. JACKSON LEE. I yield to the ground water creosote contamination site and The runoff from rain storms tainted with cre- gentleman from New York for the pur- the threat of cement dust contamination of a osote that filled ditches with oily black and pose of a colloquy. residential area if a State issued permit be al- brown smelly residue happened. Mr. TONKO. Mr. Chair, creosote is lowed to stand. The persistent smell of creosote near where listed as a hazardous substance under Concerns about the health impact of creo- they lived was constant. the Comprehensive Environmental Re- sote and other harms to human health have A few weeks ago, I walked Lavender and sponse, Compensation, and Liability existed in Acres Homes and 5th Ward Hous- Lily streets and engaged with residents who Act, CERCLA, for the purpose of ton for decades. had thyroid cancer or lung cancer who shared

VerDate Sep 11 2014 03:42 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00056 Fmt 4634 Sfmt 9920 E:\CR\FM\K09JA7.092 H09JAPT1 SSpencer on DSKBBXCHB2PROD with HOUSE January 9, 2020 CONGRESSIONAL RECORD — HOUSE H123 their stories with me in hopes that something 1. Stem the flow of PFAS contamination into growth and learning in children, lower can be done. the environment by requiring cleanup of sites a women’s chance of getting pregnant, I remain concerned about the existence of contaminated with PFOA and PFOS, setting increase cholesterol, hinder the im- cancer clusters in Houston’s Fifth Ward. air emission limits, prohibiting unsafe inciner- mune system, interfere with hormone The safety and well-being of the Kashmere ation of PFAS, and limiting the introduction of regulation, and even increase the risk Gardens Community and surrounding areas new PFAS chemicals into commerce; of cancer. are my overriding concern. 2. Identify health risks by requiring com- As a cancer survivor myself, and as My advocacy on this issue and on behalf of prehensive health testing for all PFAS, report- chairwoman of the Appropriations those identified in the city is longstanding and ing of PFAS releases, and monitoring for Committee Military Construction, Vet- unwavering, and I will not relent until the com- PFAS in drinking water; erans Affairs, and Related Agencies munity and its citizens have answers about 3. Limit human exposure to PFAS by requir- Subcommittee, I find it unconscionable the impact creosote has in the lives and health ing a drinking water standard for PFAS that that I have veterans coming to me to of my constituents. protects public health, including the health of complain that their families are dying This is why I am in strong support of H.R. vulnerable subpopulations like pregnant due to the Department of Defense’s 535. women, infants, and children, and holding pol- decades-long use of these chemicals. This legislation addresses PFAS chemicals, luters accountable. As a member of the Oversight and which are an urgent public health threat be- In addition, H.R. 535 provides grants to im- Reform Committee, I have told 3M and cause PFAS are persistent, bioaccumulative, pacted water systems, creates a voluntary DuPont to their faces that I don’t and toxic, and communities across the country label for cookware that is PFAS free, and pro- know how they sleep at night. They are discovering PFAS contamination in their vides guidance for first responders to limit poisoned our water and contaminated air, land, and water. Mr. Chair, PFAS are a class of man-made their exposures. the bloodstream of millions of people chemicals defined by the presence of Mr. Chair, H.R. 535 addresses a critical all for profit. It is past time that the Federal Gov- fluorinated carbon atom, the strongest carbon threat to the public health and safety and that bond possible. is why I support and urge my colleagues to ernment step up and do something Because of this bond, these chemicals are join me. about it, and we do that here today. I extremely persistent in the environment and Mr. SHIMKUS. Mr. Chair, I reserve commend Congresswoman DINGELL for are known to bioaccumulate in humans and the balance of my time. her work and so many of my colleagues wildlife, which is why they are called ‘‘forever Mr. TONKO. Mr. Chair, may I inquire who have fought so far and so long, in- chemicals.’’ again about time remaining. cluding the chairman. PFAS have long been linked with adverse The CHAIR. The gentleman from Mr. SHIMKUS. Mr. Chair, I continue health effects including cancer, immune sys- New York has 91⁄2 minutes remaining. to reserve the balance of my time. tem effects, infertility, impaired child develop- The gentleman from Illinois has 111⁄2 Mr. TONKO. Mr. Chair, I yield 1 ment, high cholesterol, and thyroid disease. minutes remaining. minute to the gentlewoman from Texas Contamination has been found across the Mr. TONKO. Mr. Chair, I yield 1 (Mrs. FLETCHER). country, much of it around industrial facilities minute to the gentlewoman from Mas- Mrs. FLETCHER. Mr. Chair, I rise in and Department of Defense installations. sachusetts (Mrs. TRAHAN). support of H.R. 535, the PFAS Action According to monitoring by the Environ- Mrs. TRAHAN. Mr. Chair, I would Act, a comprehensive bill to address mental Protection Agency (EPA), millions of like to commend the sponsor of this PFAS contamination across the coun- Americans are exposed to unsafe levels of bill, my friend from Michigan, Con- try. And I thank my colleagues for PFAS through their drinking water. gresswoman DINGELL. She is a true their commitment to bringing this bill Mr. Chair, it is urgent that this Congress champion of clean air and water. to the floor. enact this legislation because the U.S. Envi- Families across my district are right- Mr. Chair, I am glad that one of the ronmental Protection Administration and indus- fully concerned about a chemical leg- bills I filed in this Congress, H.R. 2638, try have failed to address known threats pre- acy that they and their children will has now been included in this legisla- sented by PFAS chemicals. bear unless we pass this bill. Sampling tion. It directs the Environmental Pro- EPA and industry have known about the of wells is ongoing in the community of tection Agency to issue guidance on risks from PFAS chemicals for decades but Devens, as well as its neighbor, the minimizing the use of firefighting foam failed to act to prevent the spread of this con- town of Ayer. and other equipment that contains tamination. PFAS contamination was likely due, PFAS chemicals by firefighters and Industry studies showing adverse health ef- at least in part, to the firefighting first responders. fects as early as 1950 have now been made foam used at the Fort Devens Army Its purpose is simply to minimize the public. base over the past century. The town of risk for our firefighters and first re- EPA has recognized the risk of these Hudson has had to contend with its sponders as well as for our environ- chemicals since at least 1995, when the agen- own PFAS issues, such as in its Cran- ment. We know that these chemicals cy amended its polymer exemption to exclude berry Bog well. are dangerous for humans who have new PFAS chemicals. The EPA has failed in its duty of care been exposed to them, and we know Despite that knowledge, EPA took no action to the American people, so I urge my they are dangerous for our environ- on PFOA and PFOS until 2006, and then re- colleagues to protect public health and ment. lied on a voluntary industry phase out instead to pass H.R. 535, the PFAS Action Act. Unfortunately, we have seen the im- of using the regulatory tools available. Clean drinking water is something to pacts in our community as recently as EPA is continuing to allow new PFAS onto last year. During the ITC plant fire in the market, some without any review under which everyone in this Nation is enti- ‘‘low volume exemptions’’ to the Toxic Sub- tled. Deer Park, Texas, in March 2019, fire- stances Control Act. Mr. SHIMKUS. Mr. Chair, I reserve fighters used more than 130,000 gallons Last year, EPA issued a ‘‘PFAS Action the balance of my time. of foam to extinguish the massive Plan’’ that did not take needed action to ad- Mr. TONKO. Mr. Chair, I yield 1 flames in that fire. Not long after, high dress cleanup of contaminated sites, set limits minute to the gentlewoman from Flor- levels of PFAS chemicals were found in on PFAS in drinking water, or even require re- ida (Ms. WASSERMAN SCHULTZ). the water in the Houston Ship Channel porting of PFAS releases. Ms. WASSERMAN SCHULTZ. Mr. and lower levels were found farther In fact, the only commitments made in the Chair, I thank the gentleman for yield- downstream, according to the Gal- action plan were to make some determinations ing. veston Bay Foundation. by the end of 2019—commitments that were I rise in full, enthusiastic support for Our first responders risk their lives not met. this legislation which is long overdue. every day to protect our communities. H.R. 535 will provide the protections im- For decades, chemical corporations We must do everything we can to pro- pacted communities need quickly and for the like 3M and DuPont knowingly manu- tect theirs. long term. factured products containing forever- Mr. SHIMKUS. Mr. Chair, I reserve The PFAS Action Act of 2019 would require toxic chemicals known as PFAS. the balance of my time. EPA to use tools under several environmental Our Federal Government has con- Mr. TONKO. Mr. Chairman, I yield statutes to: firmed that PFAS can adversely affect myself such time as I may consume.

VerDate Sep 11 2014 03:42 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\CR\FM\A09JA7.040 H09JAPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H124 CONGRESSIONAL RECORD — HOUSE January 9, 2020 I thank the House leadership for still not cleaned up. Castle Air Force negligent, that EPA is not doing any- bringing forward this package today. I Base, Merced, California, 32 years, and thing, and that we are terrible people. want to explain why it is critical that it is still not cleaned up. Dover Air In fact, at the end of last year, great Members support this bill. Force Base, 30 years, and it is still not strides were made, in a bipartisan man- The health and the safety of commu- cleaned up. Central Landfill in John- ner. I applaud the NDAA. I applaud the nities across our great country are ston, Rhode Island, 33 years, and it is end-of-year spending bill. And this, too, compromised by these dangerous still not cleaned up. Walsh Landfill, shall end. chemicals. For their sake, let’s not pre- Honey Brook Township, Pennsylvania, I do want to highlight the fact that tend that nibbling at the edges with Superfund site, 35 years, and it is still to ban 7,866 forms of per- and the latest NDAA is enough to declare not cleaned up. Colbert, what we have polyfluorinated compounds without victory. is 35 years of litigation. doing science, that has never been done I have visited the communities and I like that red map that they are in the history of this Chamber and this met the families who are dealing with touting out here on this bill. That red body. It is more political science the fallout from PFAS exposure and map indicates trial lawyer action in all versus science. environmental contamination. They those States because most of the We get it. We will move through this elected us to put their needs first, and Superfund money goes to litigation. process. We will have our votes, and they need more than half measures. Mr. Chairman, how much time do I then this will be a fight for the next I appreciate my Republican col- have remaining? Congress because the Senate has said it leagues’ willingness to work on cleanup The CHAIR. The gentleman from Illi- is not going to support this bill. It is of Federal facilities, but that simply is nois has 10 minutes remaining. not going to bring it up. The President not enough. I cannot in good con- Mr. SHIMKUS. Mr. Chairman, I also has already issued a veto threat. science go home this weekend and tell want to highlight what we have done. I It is a good exercise. I get to practice the people of Rensselaer County: ‘‘We think some people have alluded to it, speaking on the floor with my friends are cleaning up DOD sites, but we have that nothing was done, but a lot was in debate, which I look forward to as no plan for the polluted industrial sites done in the National Defense Author- we bring up the amendments. in Hoosick Falls, or any others like it ization Act. A little bit more was done Mr. Chairman, I yield back the bal- around the country.’’ in the end-of-year spending bill. This ance of my time. It just isn’t right. We need to take Safe Drinking Water Act provision Mr. FITZPATRICK. Mr. Chair, I am proud to action under Superfund and hold PFAS could have been in, and we all know it. be a cosponsor of H.R. 535—The PFAS Ac- polluters responsible, regardless of That could have been in law today. But tion Act. This bill is a big step towards cleaner whether they are public or private. it wasn’t, as leverage for this bill that water for all Americans. It designates PFOA The bill also requires any national we are talking about today. and PFOS as hazardous; these are two of the drinking water standard to, at a min- In the NDAA, we require EPA to most prevalent substances that make up the imum, ensure vulnerable groups, in- mandate that drinking water systems group of substances known as PFAS. These cluding pregnant women, infants, and monitor for unregulated PFAS. That is ‘forever’ chemicals are known to pose serious children, are protected. law. In the NDAA, it is now law that health concerns that have affected many of I won’t tolerate EPA adopting an un- we provide grants to communities to my constituents throughout Bucks County safe standard, and I do hope Members address emerging contaminants in along with Americans across our country. 99 with impacted communities won’t ei- drinking water, including PFAS. percent of people have traces of PFAS in their ther. Currently, in law, we require new re- blood. The bill includes other critical provi- porting for PFAS under the Toxics Re- One of my top PFAS priorities has been sions to reduce PFAS exposure, em- lease Inventory program. Currently, getting a federal Maximum Contaminant Level power consumers, and expedite clean- under law, it is required that manufac- (MCL) for PFAS chemicals in our water. Most ups. We have waited too long already turers and processors of PFAS submit states do not have an MCL and ones that do, for the administration to act. I fear we health and safety information. It is are not uniform. State residence should not be will keep waiting, or worse, deal with now law. the defining factor for an American to have the consequences of unprotective ac- Current law restricts new uses of safe drinking water, having one universal MCL tions. long-chain PFAS. Now, what do I mean for PFOA and PFOS in the U.S. helps to solve Until we enact these provisions, we by long chain? That is when there are this problem. cannot say that Congress has done its 7,866 different per- and polyfluorinated Currently there is no limit on how much job. compounds. You have long-chain ones, PFAS pollution is in our water and air. This bill I urge my colleagues to support this and you have short-chain ones. We are gives EPA the power to begin regulating this bill, and I yield back the balance of my banning the long chain, and again, we lethal pollution. It will jumpstart the cleanup ef- time. need scientific research, but this bans fort and hold PFAS polluters accountable. It Mr. SHIMKUS. Mr. Chair, I yield my- them all, whether or not they are safe. will require polluting companies to submit in- self such time as I may consume. EPA law now is guidance for appro- formation to EPA, so that the Agency can As we went through the TSCA de- priate destruction. Now currently more fully evaluate the environmental and bate, one thing I learned was exposure under law, it requires the Federal Gov- health effects of these toxins. over time of the hazard equals the risk. ernment to work expeditiously with Hundreds of PFAS chemicals are used in States to enter in a binding coopera- commercial goods and The PFAS Action Act b 1915 tive agreement concerning cleanup. will put in place a labeling system so that Sometimes, we conflate a bad chem- Mr. Chairman, that is in respect to PFAS-free products can be easily identified by ical as risk unless you can protect it your State of Michigan. Michigan es- consumers. from exposure. That is why I have been tablished its standard. The Department I have seen firsthand the devastating health focusing on the 7,866 chemicals. That is of Defense was hiding behind the fact effects that PFAS substances cause in my why I am talking about the PFAS that that it couldn’t negotiate. You guys community. The Department of Defense might be in a hockey puck but not in were successful. Former Chairman (DOD) used PFAS chemicals in its firefighting the bloodstream. UPTON was part of that fight. I applaud foam for decades at the Willow Grove base But this bill says that everything is the State of Michigan for having that that contaminated the water and soil in War- going to be labeled as a hazardous done, and now that is current law. minster, PA. Last month I supported a new waste and followed up on Superfund. In the appropriations bill, which pro- Defense bill that became law which ends the The contrary argument is: Great, put it vided $2 billion for the Clean Water and practice of using that specific kind of fire- in the Superfund. When will that get Drinking State Revolving Fund, $20 fighting foam by 2024. This bill goes further cleaned up? million will go to State-level PFOS and will make people safer and less likely to If it is in Ellison Air Force Base, cleanup. consume these toxins. Alaska, 30 years, and it is still not So as we hear this debate and as we Every American deserves access to clean cleaned up. Williams Air Force Base, go to the amendments, we are going to drinking water and clean air. Most of us think Chandler, Arizona, 30 years, and it is hear doom and gloom and that we are only clean water comes out of our faucets

VerDate Sep 11 2014 03:42 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00058 Fmt 4634 Sfmt 9920 E:\CR\FM\K09JA7.095 H09JAPT1 SSpencer on DSKBBXCHB2PROD with HOUSE January 9, 2020 CONGRESSIONAL RECORD — HOUSE H125 when we turn them on, unfortunately, this is a salts, and perfluoroactanesulfonic acid and its ‘‘(D) A rule under subsection (a)(5) shall re- misconception. Until this bill is signed into law salts, as hazardous substances under section quire the development of information by any and is fully implemented, we cannot trust that 102(a) of the Comprehensive Environmental Re- person who manufactures or processes, or in- sponse, Compensation, and Liability Act of 1980 tends to manufacture or process, a chemical our water is not contaminated with these toxic (42 U.S.C. 9602(a)). substance that is a perfluoroalkyl or substances. (b) DEADLINE FOR ADDITIONAL DETERMINA- polyfluoroalkyl substance.’’. I urge my Republican colleagues to vote TIONS.—Not later than 5 years after the date of (c) PERFLUOROALKYL AND POLYFLUOROALKYL ‘‘yes’’ on this bill. A vote for this bill means enactment of this Act, the Administrator of the SUBSTANCES.—Section 4 of the Toxic Substances that you care about safe drinking water for Environmental Protection Agency shall deter- Control Act (15 U.S.C. 2603) is amended by add- your constituents. EPA has promised to ad- mine whether to designate all perfluoroalkyl ing at the end the following: dress PFAS, and this bill will ensure that they and polyfluoroalkyl substances, other than ‘‘(i) PERFLUOROALKYL AND POLYFLUOROALKYL make substantial progress by setting firm those perfluoroalkyl and polyfluoroalkyl sub- SUBSTANCES.— stances designated pursuant to subsection (a), ‘‘(1) TESTING REQUIREMENT RULE.— deadlines. as hazardous substances under section 102(a) of ‘‘(A) PROTOCOLS AND METHODOLOGIES.—In de- I would like to thank Congresswoman DIN- the Comprehensive Environmental Response, termining the protocols and methodologies to be GELL, Congressman UPTON along with Con- Compensation, and Liability Act of 1980 (42 included pursuant to subsection (b)(1) in a rule gressman KILDEE, who co-chairs the Bipar- U.S.C. 9602(a)) individually or in groups. under subsection (a)(5), the Administrator shall tisan PFAS Taskforce with me, for their work (c) AIRPORT SPONSORS.— allow for protocols and methodologies that test in leading this important bill. (1) IN GENERAL.—No sponsor, including a chemical substances that are perfluoroalkyl and I also want to thank Joanne Stanton and sponsor of the civilian portion of a joint-use air- polyfluoroalkyl substances as a class. ‘‘(B) PERIOD.—In determining the period to be Hope Grosse of the Buxmont Coalition for port or a shared-use airport (as such terms are defined in section 139.5 of title 14, Code of Fed- included pursuant to subsection (b)(1) in a rule Clean Water along with many of the townships eral Regulations (or a successor regulation)), under subsection (a)(5), the Administrator shall and municipalities throughout my district, they shall be liable under the Comprehensive Envi- ensure that the period is as short as possible have fought for years for meaningful action to ronmental Response, Compensation, and Liabil- while allowing for completion of the required be taken on this issue, and while this bill is by ity Act of 1980 (42 U.S.C. 9601 et seq.) for the testing. no measure the finish line, it is a major mile- costs of responding to, or damages resulting ‘‘(2) EXEMPTIONS.—In carrying out subsection stone. from, a release to the environment of a (c) with respect to a chemical substance that is The CHAIR. All time for general de- perfluoroalkyl or polyfluoroalkyl substance des- a perfluoroalkyl or polyfluoroalkyl substance, ignated as a hazardous substance under section the Administrator— bate has expired. ‘‘(A) may only determine under subsection Pursuant to the rule, the bill shall be 102(a) of such Act that resulted from the use of aqueous film forming foam agent, if such use (c)(2) that information would be duplicative if considered for amendment under the 5- was— the chemical substance with respect to which minute rule. (A) required by the Federal Aviation Adminis- the application for exemption is submitted is in In lieu of the amendment in the na- tration for compliance with part 139 of title 14, the same category, as established under sub- ture of a substitute recommended by Code of Federal Regulations; and section (a)(5)(B)(i), as a chemical substance for the Committee on Energy and Com- (B) carried out in accordance with Federal which information has been submitted to the merce, printed in the bill, an amend- Aviation Administration standards and guid- Administrator in accordance with a rule, order, or consent agreement under subsection (a) or for ment in the nature of a substitute con- ance on the use of such substance. (2) SPONSOR DEFINED.—In this subsection, the which information is being developed pursuant sisting of the text of Rules Committee term ‘‘sponsor’’ has the meaning given such to such a rule, order, or consent agreement; and Print 116–45, modified by the amend- term in section 47102 of title 49, United States ‘‘(B) shall publish a list of all such chemical ment printed in part A of House Report Code. substances for which an exemption under sub- 116–366, shall be considered as adopted. SEC. 3. TESTING OF PERFLUOROALKYL AND section (c) is granted.’’. The bill, as amended, shall be consid- POLYFLUOROALKYL SUBSTANCES. SEC. 4. MANUFACTURING AND PROCESSING NO- ered as the original bill for the purpose (a) TESTING REQUIREMENTS.—Section 4(a) of TICES FOR PERFLUOROALKYL AND the Toxic Substances Control Act (15 U.S.C. POLYFLUOROALKYL SUBSTANCES. of further amendment under the 5- Section 5 of the Toxic Substances Control Act minute rule and shall be considered as 2603(a)) is amended by adding at the end the following: (15 U.S.C. 2604) is amended— read. ‘‘(5) PERFLUOROALKYL AND POLYFLUOROALKYL (1) in subsection (h), by adding at the end the The text of the bill, as amended, is as SUBSTANCES RULE.— following: follows: ‘‘(A) RULE.—Notwithstanding paragraphs (1) ‘‘(7) This subsection does not apply to any H.R. 535 through (3), the Administrator shall, by rule, re- chemical substance that is a perfluoroalkyl or polyfluoroalkyl substance.’’; and Be it enacted by the Senate and House of Rep- quire that comprehensive toxicity testing be con- ducted on all chemical substances that are (2) by adding at the end the following: resentatives of the United States of America in ‘‘(j) PERFLUOROALKYL AND POLYFLUOROALKYL Congress assembled, perfluoroalkyl or polyfluoroalkyl substances. ‘‘(B) REQUIREMENTS.—In issuing a rule under SUBSTANCES.— SECTION 1. SHORT TITLE; TABLE OF CONTENTS. subparagraph (A), the Administrator— ‘‘(1) DETERMINATION.—For a period of 5 years (a) SHORT TITLE.—This Act may be cited as ‘‘(i) may establish categories of perfluoroalkyl beginning on the date of enactment of this sub- the ‘‘PFAS Action Act of 2019’’. and polyfluoroalkyl substances based on hazard section, any chemical substance that is a (b) TABLE OF CONTENTS.— characteristics or chemical properties; perfluoroalkyl or polyfluoroalkyl substance for Sec. 1. Short title; table of contents. ‘‘(ii) shall require the development of informa- which a notice is submitted under subsection (a) Sec. 2. Designation as hazardous substances. tion relating to perfluoroalkyl and shall be deemed to have been determined by the Sec. 3. Testing of perfluoroalkyl and polyfluoroalkyl substances that the Adminis- Administrator to present an unreasonable risk polyfluoroalkyl substances. trator determines is likely to be useful in evalu- of injury to health or the environment under Sec. 4. Manufacturing and processing notices ating the hazard and risk posed by such sub- paragraph (3)(A) of such subsection. for perfluoroalkyl and stances in land, air, and water (including drink- ‘‘(2) ORDER.—Notwithstanding subsection polyfluoroalkyl substances. ing water), as well as in products; and (a)(3)(A), for a chemical substance described in Sec. 5. National primary drinking water regula- ‘‘(iii) may allow for varied or tiered testing re- paragraph (1) of this subsection, the Adminis- tions for PFAS. quirements based on hazard characteristics or trator shall issue an order under subsection Sec. 6. Enforcement. chemical properties of perfluoroalkyl and (f)(3) to prohibit the manufacture, processing, Sec. 7. Establishment of PFAS infrastructure polyfluoroalkyl substances or categories of and distribution in commerce of such chemical grant program. perfluoroalkyl and polyfluoroalkyl substances. substance.’’. Sec. 8. Listing of perfluoroalkyl and ‘‘(C) DEADLINES.—The Administrator shall SEC. 5. NATIONAL PRIMARY DRINKING WATER polyfluoroalkyl substances as issue— REGULATIONS FOR PFAS. hazardous air pollutants. ‘‘(i) a proposed rule under subparagraph (A) Section 1412(b) of the Safe Drinking Water Act Sec. 9. Prohibition on unsafe waste inciner- not later than 6 months after the date of enact- (42 U.S.C. 300g–1(b)) is amended by adding at ation of PFAS. ment of this paragraph; and the end the following: Sec. 10. Label for PFAS-free products. ‘‘(ii) a final rule under subparagraph (A) not ‘‘(16) PERFLUOROALKYL AND Sec. 11. Guidance on minimizing the use of fire- later than 2 years after the date of enactment of POLYFLUOROALKYL SUBSTANCES.— fighting foam and other related this paragraph.’’. ‘‘(A) IN GENERAL.—Not later than 2 years equipment containing any PFAS. (b) PERSONS SUBJECT TO RULE.—Section after the date of enactment of this paragraph, SEC. 2. DESIGNATION AS HAZARDOUS SUB- 4(b)(3) of the Toxic Substances Control Act (15 the Administrator shall, after notice and oppor- STANCES. U.S.C. 2603(b)(3)) is amended— tunity for public comment, promulgate a na- (a) DESIGNATION.—Not later than 1 year after (1) in subparagraph (A), by striking ‘‘sub- tional primary drinking water regulation for the date of enactment of this Act, the Adminis- paragraph (B) or (C)’’ and inserting ‘‘subpara- perfluoroalkyl and polyfluoroalkyl substances, trator of the Environmental Protection Agency graph (B), (C), or (D)’’; and which shall, at a minimum, include standards shall designate perfluorooctanoic acid and its (2) by adding at the end the following: for—

VerDate Sep 11 2014 03:42 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00059 Fmt 4634 Sfmt 6333 E:\CR\FM\A09JA7.039 H09JAPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H126 CONGRESSIONAL RECORD — HOUSE January 9, 2020 ‘‘(i) perfluorooctanoic acid (commonly referred for the perfluoroalkyl or polyfluoroalkyl sub- lation has been promulgated under section to as ‘PFOA’); and stance or class of perfluoroalkyl or 1412(b)(16) of the Safe Drinking Water Act ear- ‘‘(ii) perfluorooctane sulfonic acid (commonly polyfluoroalkyl substances; or lier than the date that is 5 years after the date referred to as ‘PFOS’). ‘‘(bb) the Administrator has received reliable on which the Administrator promulgates the na- ‘‘(B) ALTERNATIVE PROCEDURES.— water data or water monitoring surveys for the tional primary drinking water regulation. ‘‘(i) IN GENERAL.—Not later than 1 year after perfluoroalkyl or polyfluoroalkyl substance or SEC. 7. ESTABLISHMENT OF PFAS INFRASTRUC- the validation by the Administrator of an equal- class of perfluoroalkyl or polyfluoroalkyl sub- TURE GRANT PROGRAM. ly effective quality control and testing proce- stances from a Federal or State agency that the Part E of the Safe Drinking Water Act (42 dure to ensure compliance with the national pri- Administrator determines to be of a quality suf- U.S.C. 300j et seq.) is amended by adding at the mary drinking water regulation promulgated ficient to make a determination under para- end the following new section: under subparagraph (A) to measure the levels graph (1)(A). ‘‘SEC. 1459E. ASSISTANCE FOR COMMUNITY described in clause (ii) or other methods to de- ‘‘(ii) PRIMARY DRINKING WATER REGULA- WATER SYSTEMS AFFECTED BY PFAS. tect and monitor perfluoroalkyl and TIONS.— ‘‘(a) ESTABLISHMENT.—Not later than 180 days polyfluoroalkyl substances in drinking water, ‘‘(I) IN GENERAL.—For each perfluoroalkyl or after the date of enactment of this section, the the Administrator shall add the procedure or polyfluoroalkyl substance or class of Administrator shall establish a program to method as an alternative to the quality control perfluoroalkyl or polyfluoroalkyl substances award grants to affected community water sys- and testing procedure described in such na- that the Administrator determines to regulate tems to pay for capital costs associated with the tional primary drinking water regulation by under clause (i), the Administrator— implementation of eligible treatment tech- publishing the procedure or method in the Fed- ‘‘(aa) not later than 18 months after the date nologies. eral Register in accordance with section on which the Administrator makes the deter- ‘‘(b) APPLICATIONS.— 1401(1)(D). mination, shall propose a national primary ‘‘(1) GUIDANCE.—Not later than 12 months ‘‘(ii) LEVELS DESCRIBED.—The levels referred drinking water regulation for the perfluoroalkyl after the date of enactment of this section, the to in clause (i) are— or polyfluoroalkyl substance or class of Administrator shall publish guidance describing ‘‘(I) the level of a perfluoroalkyl or perfluoroalkyl or polyfluoroalkyl substances; the form and timing for community water sys- polyfluoroalkyl substance; and tems to apply for grants under this section. ‘‘(II) the total levels of perfluoroalkyl and ‘‘(bb) may publish the proposed national pri- ‘‘(2) REQUIRED INFORMATION.—The Adminis- polyfluoroalkyl substances; and mary drinking water regulation described in trator shall require a community water system ‘‘(III) the total levels of organic fluorine. item (aa) concurrently with the publication of applying for a grant under this section to sub- ‘‘(C) INCLUSIONS.—The Administrator may in- the determination to regulate the perfluoroalkyl mit— ‘‘(A) information showing the presence of clude a perfluoroalkyl or polyfluoroalkyl sub- or polyfluoroalkyl substance or class of PFAS in water of the community water system; stance or class of perfluoroalkyl or perfluoroalkyl or polyfluoroalkyl substances. and polyfluoroalkyl substances on— ‘‘(II) DEADLINE.— ‘‘(i) the list of contaminants for consideration ‘‘(B) a certification that the treatment tech- ‘‘(aa) IN GENERAL.—Not later than 1 year nology in use by the community water system at of regulation under paragraph (1)(B)(i), in ac- after the date on which the Administrator pub- the time of application is not sufficient to re- cordance with such paragraph; and lishes a proposed national primary drinking ‘‘(ii) the list of unregulated contaminants to move all detectable amounts of PFAS. water regulation under clause (i)(I) and subject be monitored under section 1445(a)(2)(B)(i), in ‘‘(c) LIST OF ELIGIBLE TREATMENT TECH- to item (bb), the Administrator shall take final accordance with such section. NOLOGIES.—Not later than 150 days after the action on the proposed national primary drink- ‘‘(D) MONITORING.—When establishing moni- date of enactment of this section, and every two ing water regulation. toring requirements for public water systems as years thereafter, the Administrator shall publish ‘‘(bb) EXTENSION.—The Administrator, on part of a national primary drinking water regu- a list of treatment technologies that the Admin- publication of notice in the Federal Register, lation under subparagraph (A) or subparagraph istrator determines are effective at removing all may extend the deadline under item (aa) by not (G)(ii), the Administrator shall tailor the moni- detectable amounts of PFAS from drinking more than 6 months. toring requirements for public water systems water. ‘‘(H) HEALTH ADVISORY.— that do not detect or are reliably and consist- ‘‘(d) PRIORITY FOR FUNDING.—In awarding ‘‘(i) IN GENERAL.—Subject to clause (ii), the ently below the maximum contaminant level (as grants under this section, the Administrator Administrator shall publish a health advisory defined in section 1418(b)(2)(B)) for the shall prioritize affected community water sys- under paragraph (1)(F) for a perfluoroalkyl or perfluoroalkyl or polyfluoroalkyl substance or tems that— polyfluoroalkyl substance or class of class of perfluoroalkyl or polyfluoroalkyl sub- ‘‘(1) serve a disadvantaged community; perfluoroalkyl or polyfluoroalkyl substances not stances subject to the national primary drinking ‘‘(2) will provide at least a 10-percent cost subject to a national primary drinking water water regulation. share for the cost of implementing an eligible regulation not later than 1 year after the later ‘‘(E) HEALTH PROTECTION.—The national pri- treatment technology; or of— ‘‘(3) demonstrate the capacity to maintain the mary drinking water regulation promulgated ‘‘(I) the date on which the Administrator fi- eligible treatment technology to be implemented under subparagraph (A) shall be protective of nalizes a toxicity value for the perfluoroalkyl or using the grant. the health of subpopulations at greater risk, as polyfluoroalkyl substance or class of ‘‘(e) NO INCREASED BONDING AUTHORITY.— described in section 1458. perfluoroalkyl or polyfluoroalkyl substances; Amounts awarded to affected community water ‘‘(F) HEALTH RISK REDUCTION AND COST ANAL- and systems under this section may not be used as a YSIS.—In meeting the requirements of paragraph source of payment of, or security for (directly or (3)(C), the Administrator may rely on informa- ‘‘(II) the date on which the Administrator indirectly), in whole or in part, any obligation tion available to the Administrator with respect validates an effective quality control and testing the interest on which is exempt from the tax im- to 1 or more specific perfluoroalkyl or procedure for the perfluoroalkyl or posed under chapter 1 of the Internal Revenue polyfluoroalkyl substances to extrapolate rea- polyfluoroalkyl substance or class of Code of 1986.’’ soned conclusions regarding the health risks perfluoroalkyl or polyfluoroalkyl substances. AIVER.—The Administrator may waive ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— and effects of a class of perfluoroalkyl or ‘‘(ii) W the requirements of clause (i) with respect to a There is authorized to be appropriated to carry polyfluoroalkyl substances of which the specific perfluoroalkyl or polyfluoroalkyl substance or out this section not more than $100,000,000 for perfluoroalkyl or polyfluoroalkyl substances are class of perfluoroalkyl and polyfluoroalkyl sub- each of fiscal years 2020 through 2021. a part. stances if the Administrator determines that ‘‘(g) DEFINITIONS.—In this section: ‘‘(G) REGULATION OF ADDITIONAL SUB- there is a substantial likelihood that the ‘‘(1) AFFECTED COMMUNITY WATER SYSTEM.— STANCES.— perfluoroalkyl or polyfluoroalkyl substance or The term ‘affected community water system’ ‘‘(i) DETERMINATION.—The Administrator means a community water system that is af- shall make a determination under paragraph class of perfluoroalkyl or polyfluoroalkyl sub- stances will not occur in drinking water with fected by the presence of PFAS in the water in (1)(A), using the criteria described in clauses (i) the community water system. through (iii) of that paragraph, whether to in- sufficient frequency to justify the publication of a health advisory, and publishes such deter- ‘‘(2) DISADVANTAGED COMMUNITY.—The term clude a perfluoroalkyl or polyfluoroalkyl sub- ‘disadvantaged community’ has the meaning stance or class of perfluoroalkyl or mination, including the information and anal- ysis used, and basis for, such determination, in given that term in section 1452. polyfluoroalkyl substances in the national pri- ‘‘(3) ELIGIBLE TREATMENT TECHNOLOGY.—The the Federal Register.’’. mary drinking water regulation under subpara- term ‘eligible treatment technology’ means a graph (A) not later than 18 months after the SEC. 6. ENFORCEMENT. treatment technology included on the list pub- later of— Notwithstanding any other provision of law, lished under subsection (c). ‘‘(I) the date on which the perfluoroalkyl or the Administrator of the Environmental Protec- ‘‘(4) PFAS.—The term ‘PFAS’ means a polyfluoroalkyl substance or class of tion Agency may not impose financial penalties perfluoroalkyl or polyfluoroalkyl substance perfluoroalkyl or polyfluoroalkyl substances is for the violation of a national primary drinking with at least one fully fluorinated carbon listed on the list of contaminants for consider- water regulation (as defined in section 1401 of atom.’’. ation of regulation under paragraph (1)(B)(i); the Safe Drinking Water Act (42 U.S.C. 300f)) SEC. 8. LISTING OF PERFLUOROALKYL AND and with respect to a perfluoroalkyl or POLYFLUOROALKYL SUBSTANCES AS ‘‘(II) the date on which— polyfluoroalkyl substance or class of HAZARDOUS AIR POLLUTANTS. ‘‘(aa) the Administrator has received the re- perfluoroalkyl or polyfluoroalkyl substances for (a) LISTING.—Not later than 180 days after the sults of monitoring under section 1445(a)(2)(B) which a national primary drinking water regu- date of enactment of this Act, the Administrator

VerDate Sep 11 2014 03:42 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00060 Fmt 4634 Sfmt 6333 E:\CR\FM\A09JA7.041 H09JAPT1 SSpencer on DSKBBXCHB2PROD with HOUSE January 9, 2020 CONGRESSIONAL RECORD — HOUSE H127 of the Environmental Protection Agency shall gency medical technicians, and other first re- sponse to an actual incident. The other issue a final rule adding as a class all sponders, and the environment, without jeop- 137 were accidental releases. perfluoroalkyl and polyfluoroalkyl substances ardizing firefighting efforts. If we are concerned about these toxic with at least one fully fluorinated carbon atom (b) DEFINITION.—In this section, the term chemicals, certainly having them to the list of hazardous air pollutants under sec- ‘‘PFAS’’ means perfluorooctanoic acid, tion 112(b) of the Clean Air Act (42 U.S.C. perfluorooctanesulfonic acid, and any other available for a dire firefighting need 7412(b)). perfluoroalkyl or polyfluoroalkyl substance but released accidentally, it advan- (b) SOURCES CATEGORIES.—Not later than 365 with at least one fully fluorinated carbon atom tages no one. In fact, even in the 37 in- days after the final rule is issued pursuant to that the Administrator of the Environmental cidents that were in response to a fire subsection (a), the Administrator of the Envi- Protection Agency determines is used in fire- event, none of those were in response ronmental Protection Agency shall revise the list fighting foam and other related equipment. to the fuel fire event that the building under section 112(c)(1) of the Clean Air Act (42 The CHAIR. No further amendment code requires these systems be in- U.S.C. 7412(c)(1)) to include categories and sub- to the bill, as amended, shall be in stalled to suppress. categories of major sources and area sources of perfluoroalkyl and polyfluoroalkyl substances order except those printed in part B of What my amendment does, Mr. listed pursuant to such final rule. House Report 116–366. Each such fur- Chairman, in partnership with Mr. SEC. 9. PROHIBITION ON UNSAFE WASTE INCIN- ther amendment may be offered only in DESAULNIER, is to say that when we are ERATION OF PFAS. the order printed in the report, by a having these conversations about how Section 3004 of the Solid Waste Disposal Act Member designated in the report, shall to restrict the use of these foams, we (42 U.S.C. 6924) is amended by adding at the end be considered read, shall be debatable need to have the FAA present in those the following new subsection: for the time specified in the report conversations, and we need to have the ‘‘(z) PFAS WASTES.— equally divided and controlled by the local enforcement authorities for fire ‘‘(1) FIREFIGHTING FOAM.—Not later than 6 proponent and an opponent, shall not and building code safety present in months after the date of enactment of this sub- section, the Administrator shall promulgate reg- be subject to amendment, and shall not those conversations to prevent these ulations requiring that when materials con- be subject to a demand for division of types of releases, again, that advantage taining perfluoroalkyl and polyfluoroalkyl sub- the question. no one. stances or aqueous film forming foam are dis- AMENDMENT NO. 1 OFFERED BY MR. WOODALL It is an opportunity to take what is a posed— The CHAIR. It is now in order to con- very well-intended effort to reduce the ‘‘(A) all incineration is conducted in a manner sider amendment No. 1 printed in part use of these chemicals and reduce it that eliminates perfluoroalkyl and even further. polyfluoroalkyl substances while also mini- B of House Report 116–366. Mr. WOODALL. Mr. Chairman, I have Mr. Chairman, I reserve the balance mizing perfluoroalkyl and polyfluoroalkyl sub- of my time. stances emitted into the air to the extent fea- an amendment at the desk. sible; The CHAIR. The Clerk will designate Mr. TONKO. Mr. Chairman, I claim ‘‘(B) all incineration is conducted in accord- the amendment. the time in opposition to the amend- ance with the requirements of the Clean Air Act, The text of the amendment is as fol- ment, although I do not intend to op- including controlling hydrogen fluoride; lows: pose the amendment. ‘‘(C) any materials containing perfluoroalkyl The CHAIR. Without objection, the Page 47, line 7, insert ‘‘, Federal Aviation and polyfluoroalkyl substances that are des- Administration,’’ after ‘‘U.S. Fire Adminis- gentleman from New York is recog- ignated for disposal are stored in accordance tration’’. nized for 5 minutes. with the requirement under part 264 of title 40, Page 47, line 8, insert ‘‘and representatives There was no objection. Code of Federal Regulations; and of State and local building and fire code en- Mr. TONKO. Mr. Chairman, I yield ‘‘(D) all incineration is conducted at a facility forcement jurisdictions’’ after ‘‘departments that has been permitted to receive waste regu- myself such time as I may consume. or agencies’’. lated under this subtitle. Mr. Chairman, this bipartisan Page 47, line 9, insert ‘‘, or contact with,’’ ‘‘(2) PENALTIES.—For purposes of section amendment builds on an important after ‘‘use of’’. 3008(d), a waste subject to a prohibition under piece of this bill, the guidance for fire- this subsection shall be considered a hazardous The CHAIR. Pursuant to House Reso- fighters and other first responders to waste identified or listed under this subtitle.’’. lution 779, the gentleman from Georgia minimize their risk from PFAS chemi- SEC. 10. LABEL FOR PFAS-FREE PRODUCTS (Mr. WOODALL) and a Member opposed cals. This provision was developed by (a) LABEL FOR PFAS-FREE PRODUCTS.—Not each will control 5 minutes. Representative LIZZIE FLETCHER, and I later than 1 year after the date of enactment of The Chair recognizes the gentleman thank her for her leadership on ad- this Act, the Administrator of the Environ- from Georgia. dressing this important concern. mental Protection Agency shall— Mr. WOODALL. Mr. Chairman, I in- Our first responders take enormous (1) revise the Safer Choice Standard of the troduced this amendment in partner- Safer Choice Program to identify the require- risks every day for the greater good. ments for a pot, pan, or cooking utensil to meet ship with my friend from California Cancer from occupational exposure in order to be labeled with a Safer Choice label, (Mr. DESAULNIER), with whom I serve should not be among those risks. Un- including a requirement that any such pot, pan, on the Rules Committee and with fortunately, occupational-related can- or cooking utensil does not contain any PFAS; whom I serve on the Transportation cers now account for 65 percent of the or and Infrastructure Committee. line-of-duty deaths for firefighters each (2) establish a voluntary label that is avail- I have a poster here, Mr. Chairman, year. able to be used by any manufacturer of any pot, of what it looks like when the foam is Last year, Pat Morrison of the Inter- pan, or cooking utensil that the Administrator released to prevent a fuel fire in an air- has reviewed and found does not contain any national Association of Fire Fighters PFAS. port hangar. If you can’t tell from testified before my subcommittee on (b) DEFINITION.—In this section, the term where you are sitting, this is the tail of the impacts PFAS in firefighting gear ‘‘PFAS’’ means a perfluoroalkyl or the airplane being lifted up above the have had on firefighters. This is the polyfluoroalkyl substance with at least one fully foam. single largest health-related issue fac- fluorinated carbon atom. As currently drafted, I certainly ing the firefighting profession. SEC. 11. GUIDANCE ON MINIMIZING THE USE OF agree with the ranking member that I thank Representative FLETCHER for FIREFIGHTING FOAM AND OTHER this bill is much too expansive. But in her work in protecting firefighters, and RELATED EQUIPMENT CONTAINING ANY PFAS. this one limited case, it doesn’t go far I also thank the gentlemen from Geor- (a) GUIDANCE.—Not later than one year after enough. Our building code enforcement gia and California for their efforts on the date of enactment of this Act, the Adminis- agencies locally, our local fire codes, this important topic. trator of the Environmental Protection Agency, require that in order to have a hangar Mr. Chairman, I urge my colleagues in consultation with the head of the U.S. Fire permitted, it must have these fire sup- to support the Woodall-DeSaulnier Administration and other relevant Federal de- pression systems. amendment. partments or agencies, shall issue guidance on But what we found in our research, Mr. Chairman, I yield 1 minute to the minimizing the use of firefighting foam and Mr. Chairman, is that more often than gentleman from California (Mr. other related equipment containing any PFAS by firefighters, police officers, paramedics, emer- not, these systems go off unintention- KHANNA). gency medical technicians, and other first re- ally. In fact, in the last 16 years, there Mr. KHANNA. Mr. Chairman, I rise in sponders, in order to minimize the risk to such have been 174 hangar foam releases like strong support of the PFAS Action firefighters, police officers, paramedics, emer- this one. Only 37 of those were in re- Act.

VerDate Sep 11 2014 03:42 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00061 Fmt 4634 Sfmt 0634 E:\CR\FM\A09JA7.041 H09JAPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H128 CONGRESSIONAL RECORD — HOUSE January 9, 2020 The facts are that the industry, the tion of who cleans up the composed Any substance designated as a haz- Pentagon, and the EPA knew that contamination on airports if we are ardous substance under CERCLA at- PFAS are hazardous to health, yet we going to protect airports from the li- taches strict, joint and several, and did not do anything as a Congress until ability. I guess airports went out; other retroactive liability conditions. If you Representative DINGELL had the cour- communities do not. had any stake in the production, any age to lead this act to get a bipartisan Mr. WOODALL. Madam Chair, I will stake in the ownership or cleanup of group together. I salute Representative close by saying we may disagree about, such a substance, that party might be DINGELL for her leadership. again, the breadth of the overall legis- liable under the Superfund law. The I am proud to have sponsored the lation, but as it comes to this indi- public has a right to comment on the PFAS waste incineration act. The vidual line-item, we are talking pri- impacts of such an important measure. marked-up bill is included in the pack- marily about accidental releases of a Second, section 2 is simply imprac- age. The provision requires the EPA to very important firefighting foam but tical. In the 40 years since the passage ensure all incineration of PFAS waste one that we know we want to reduce of the Superfund bill, Congress has is done properly. the usage of, the bipartisan partnership never specifically placed individual I thank Chairman TONKO and Chair- that we have created with the support chemicals or chemical groups into man PALLONE for their leadership on of the chairman and ranking member. I statute as hazardous chemicals under this issue and also the ranking mem- am grateful to them for their leader- this act. bers for at least their work on the in- ship and support. In those 40 years, 800 chemicals have cineration part of PFAS and making Madam Chair, I yield back the bal- been added to this list through the reg- sure that the waste is marked ‘‘haz- ance of my time. ulatory process. The Environmental Protection Agency is currently aware ardous.’’ b 1930 Mr. WOODALL. Madam Chair, may I of between 5,000 and possibly as many ask how much time I have remaining. Mr. TONKO. Madam Chair, I remind as 7,800 PFAS chemicals. The problem The Acting CHAIR (Ms. JACKSON everyone that PFOS/PFOA are dan- is we don’t know how many exist. The LEE). The gentleman from Georgia has gerous contaminants that threaten in- EPA would not be able to properly 21⁄2 minutes remaining. dividual lives and our communities, as evaluate the thousands of chemicals Mr. WOODALL. Madam Chair, I yield our firefighters have pointed out, in that make up the PFAS in only 5 2 minutes to the gentleman from Illi- various, various dimensions. years. nois (Mr. SHIMKUS), who is the ranking Madam Chair, I rise to support the PFAS chemicals must be properly as- minority member. amendment and the overall bill, and I sessed with the best science possible. Mr. SHIMKUS. Madam Chair, I, too, yield back the balance of my time. As currently written, section 2 of the rise in support of this amendment. The Acting CHAIR. The question is legislation denies the EPA the ability It is my understanding this amends on the amendment offered by the gen- to properly and thoroughly evaluate section 18 to ensure the FAA, State and tleman from Georgia (Mr. WOODALL). these chemicals and shuts out the pub- local building code inspectors, and fire The amendment was agreed to. lic from commenting on the regulatory marshals are at the guidance-making AMENDMENT NO. 2 OFFERED BY MR. BURGESS impacts, including the potential future table. I understand the officers believe The Acting CHAIR. It is now in order development of safer PFAS chemicals. this will result in a broader collabo- to consider amendment No. 2 printed in Madam Chair, for these reasons, I urge support of the amendment, and I rative dialogue that includes the risks part B of House Report 116–366. reserve the balance of my time. posed by the use of foam suppression Mr. BURGESS. Madam Chair, I have Mr. TONKO. Madam Chair, I rise in systems in aviation hangars. That an amendment at the desk. opposition to this amendment. The Acting CHAIR. The Clerk will would be helpful. I understand that, in The Acting CHAIR. The gentleman designate the amendment. aircraft hangars, foam systems are not from New York is recognized for 5 min- The text of the amendment is as fol- being used by first responders pursuant utes. to Federal regulations. lows: Mr. TONKO. Madam Chair, this Strike section 2. I have one question for the sponsor of amendment would strike the Superfund the amendment about his intent with The Acting CHAIR. Pursuant to provision from this bill completely. It regard to one item. Is this amendment House Resolution 779, the gentleman will significantly weaken this bill and intended to open a dialogue about from Texas (Mr. BURGESS) and a Mem- leave hundreds of impacted commu- human health impacts or standards, or ber opposed each will control 5 min- nities in harm’s way. personal protective equipment require- utes. What does the Superfund provision in ments, responses, protocols, or any- The Chair recognizes the gentleman this bill do exactly? H.R. 535 lists only thing like that? from Texas. PFOA and PFOS under Superfund and Mr. WOODALL. I thank the gen- Mr. BURGESS. Madam Chair, this leaves decisions for all other PFAS to tleman for his question. Absolutely amendment would strike section 2 of EPA. not. What the amendment does is it H.R. 535. EPA has already committed to list- has language, Madam Chair, that in- Section 2 of H.R. 535 requires the En- ing PFOA and PFOS under Superfund serts the words ‘‘or contact with’’ to vironmental Protection Agency to des- and has been working on the listings make that point that firefighters are ignate the chemicals PFOA and PFOS since 2018. So this bill does not pre- not using the foam; they are respond- as hazardous substances under the judge EPA decisions. EPA has already ing after the foam has already been Comprehensive Environmental Re- made those decisions. used. sponse, Compensation, and Liability The bill will speed up that listing so As Mr. SHIMKUS knows, when they Act, also known as the Superfund, and that cleanup of existing contamination come in contact with the foam in the to do this within 1 year of enactment, starts sooner, which is critical. It also course of their duties, it is our intent and requires a review of the entire sets up a reasonable deadline for EPA to lower the probability of any release PFAS chemical group within 5 years. to make decisions on other PFAS of toxic foam on airfields. As I said, I believe this to be flawed for several chemicals under Superfund to speed up most of these releases are accidental reasons: any additional needed cleanups. releases. By bringing the building code First and foremost, the Environ- Superfund cleanups are essential to inspectors to the table, we believe that mental Protection Agency is already public health, and for impacted com- we can reduce all instances of release undergoing a thorough examination of munities, they can be the difference be- without opening the dialogue on the the chemicals known as PFAS. Section tween health and sickness, between life topics about which he inquired. 2 circumvents the regulatory process and death. Mr. SHIMKUS. I thank my colleague and would deny any public notice, any The question before Members on this for the explanation. public comment, or any scientific amendment is whether cleanups of I also would highlight that under this study before deeming PFOA and PFOS PFOA and PFOS should start right bill, airports are exempt from the as hazardous chemicals under the away or whether impacted commu- Superfund liability. It does pose a ques- Superfund. nities can continue to wait.

VerDate Sep 11 2014 03:42 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00062 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JA7.099 H09JAPT1 SSpencer on DSKBBXCHB2PROD with HOUSE January 9, 2020 CONGRESSIONAL RECORD — HOUSE H129 While EPA drags its feet, people in Superfund as a de facto ban. They say Mr. TONKO. Madam Chair, I demand hundreds of impacted communities that the industry will so fear liability a recorded vote. across the country will continue to be that they will abandon PFAS chemi- The Acting CHAIR. Pursuant to exposed and continue to be harmed. cals. clause 6 of rule XVIII, further pro- Pollution will spread from these sites Experience shows that that simply is ceedings on the amendment offered by into the environment, into sources of not true. There are hundreds of chemi- the gentleman from Texas will be post- drinking water, and into our agricul- cals listed under Superfund that con- poned. tural resources. And eventual cleanups tinue to be used in industrial and con- The Chair is advised that amendment will become harder and more costly. sumer products and by the Department No. 3 will not be offered. Madam Chair, impacted communities of Defense. In fact, Superfund is de- AMENDMENT NO. 4 OFFERED BY MR. HUDSON cannot afford to wait. I urge my col- signed to prevent releases of chemicals The Acting CHAIR. It is now in order leagues, therefore, to vote ‘‘no’’ on this that are in continued use. to consider amendment No. 4 printed in amendment, and I reserve the balance When a chemical is listed as a haz- part B of House Report 116–366. of my time. ardous air pollutant under the Clean Mr. HUDSON. Madam Chair, I have Mr. BURGESS. Madam Chair, I yield Air Act, EPA sets emission limits for an amendment at the desk. 1 minute to the gentleman from Ohio that chemical that are implemented The Acting CHAIR. The Clerk will (Mr. BALDERSON). through permits. Facilities continue to designate the amendment. Mr. BALDERSON. Madam Chair, I use and emit those chemicals. At the The text of the amendment is as fol- thank the gentleman from Texas for same time, those chemicals are auto- lows: yielding and for offering such an im- matically listed under Superfund. The At the end, add the following: portant amendment. same is true under the Clean Water SEC. 19. INVESTIGATION OF PREVENTION OF Madam Chair, I agree that section 2 Act. CONTAMINATION BY GENX. of the underlying bill presents a grave Madam Chair, the funny thing is that The Administrator of the Environmental problem. the two PFAS compounds covered by Protection Agency shall investigate methods PFAS were first used in the 1940s and this bill, PFOA and PFOS, have al- and means to prevent contamination by continued to be used in a variety of ev- ready been phased out for more than a GenX of surface waters, including source waters used for drinking water purposes. eryday objects, including pizza boxes, decade under a voluntary partnership food wrappers, nonstick cookware, between EPA and industry. The Acting CHAIR. Pursuant to stain-resistant furniture, water-resist- We have heard many concerns from House Resolution 779, the gentleman ant clothes, firefighters’ protective my Republican friends about the spec- from North Carolina (Mr. HUDSON) and suits, and medical devices. ter of Superfund liability for different a Member opposed each will control 5 I support this amendment because it groups. These concerns are largely un- minutes. would prevent so many important ma- founded. The Chair recognizes the gentleman terials from being labeled as hazardous Drinking water utilities will handle from North Carolina. without the scientific proof to back it PFOA and PFOS the same way they Mr. HUDSON. Madam Chair, I rise up. We should not label all 5,000 of handle the hundreds of hazardous sub- today to offer my first amendment to these materials the same way. stances they currently remove from H.R. 535, the PFAS Action Act. Madam Chair, I urge a ‘‘yes’’ vote on drinking water. The same will be true For the last several years, my con- the amendment. for wastewater utilities. stituents and neighboring communities Mr. BURGESS. Madam Chair, I yield Farmers will continue to be able to in North Carolina have dealt with con- myself such time as I may consume. use biosolids as fertilizer, just as they tamination from the PFAS chemical Madam Chair, PFAS chemicals must currently do, because Superfund al- GenX. The company Chemours has be properly assessed with the best ready exempts fertilizer use. Manufac- been discharging this chemical into the science possible. As currently written, turers of airplane door seals and heart air as well as the waters of the Cape section 2 of this legislation denies the stents will be able to continue using Fear River, a common source of drink- EPA the ability to properly and thor- the PFAS they currently use—all while ing water. oughly evaluate these chemicals. We impacted communities, like Michigan, To put it simply, my constituents are are literally making the perfect the will get the cleanup that they need. scared. They are frustrated because enemy of the good. The only change this bill makes in this has been an ongoing issue, and Madam Chair, I yield back the bal- how Superfund operates is a limited ex- they don’t have enough information. ance of my time. emption for federally required use of This is an issue that I have been Mr. TONKO. Madam Chair, I yield PFAS at airports. If this amendment working on for many years. I have de- such time as she may consume to the were adopted, airports would lose that manded action by EPA, and I had the gentlewoman from Michigan (Mrs. DIN- exemption. And if EPA eventually EPA come to Fayetteville and hear di- GELL). moves forward with listing PFOA and rectly from our community. Mrs. DINGELL. Madam Chair, I PFAS, as they have committed to do, At our community engagement thank the gentleman from New York EPA is not authorized to exempt air- event, hundreds of people attended, and for yielding. ports. Only Congress can do that. So many shared their concerns with the Madam Chair, I rise in strong opposi- the airports need this amendment de- potential links between GenX and seri- tion to the gentleman’s amendment. feated, and they need this bill enacted. ous health problems. Superfund is a landmark environ- A Superfund listing is an essential I worked with our chairman to have mental law and an essential public provision to accelerate PFAS cleanup an Energy and Commerce hearing, and health program that works. nationwide. It is the foundation of the we invited Emily Donovan, a founding There are contaminated sites all PFAS Action Act. By gutting it, we member of Clean Cape Fear in North across this country that pose direct cripple our ability to serve and protect Carolina, to testify. Emily gave com- threats to human health and the envi- the American people responsibly. pelling testimony about her personal ronment because of pollutants like Madam Chair, I join my colleague, experiences and the many people who lead, mercury, PCBs, and asbestos. the chairman of the Subcommittee on have ‘‘suffered from the trauma of can- Superfund is the program that gets Environment and Climate Change, in cer treatments, benign tumors, and those sites cleaned up. urging a ‘‘no’’ vote on this amendment. terminal diagnosis.’’ Superfund does not regulate the use Mr. TONKO. Madam Chair, I yield I have talked with many of my con- of chemicals; it does not block the use back the balance of my time. stituents, including one whose neigh- of chemicals; and it does not assign li- The Acting CHAIR. The question is bor has cancer, and they don’t know if ability for the use of chemicals. It only on the amendment offered by the gen- it is connected to GenX. They can’t get applies to the release of chemicals into tleman from Texas (Mr. BURGESS). information about it, and they are wor- the environment. The question was taken; and the Act- ried about their own children. Some of my colleagues on the other ing Chair announced that the noes ap- This is about getting answers for our side of the aisle have characterized peared to have it. community. This is about making sure

VerDate Sep 11 2014 19:09 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00063 Fmt 4634 Sfmt 0634 E:\RECORD20\JANUARY\H09JA0.REC H09JA0 sradovich on DSKJLST7X2PROD with CONG-REC-ONLINE H130 CONGRESSIONAL RECORD — HOUSE January 9, 2020 my constituents are protected and the b 1945 The Acting CHAIR. The Clerk will water we are drinking is safe. Mr. TONKO. Madam Chair, I claim designate the amendment. Until I know the science behind the time in opposition, though I do not The text of the amendment is as fol- GenX, until I know exactly what safe plan to oppose this amendment. lows: levels and unsafe levels of exposure The Acting CHAIR. Without objec- Page 37, line 20, insert ‘‘, including the are, until we can adequately clean up tion, the gentleman from New York is chemical GenX’’ after ‘‘carbon atom’’. the exposure we have had in North recognized for 5 minutes. The Acting CHAIR. Pursuant to Carolina, I am not going to be satis- There was no objection. House Resolution 779, the gentleman fied. Mr. TONKO. Madam Chair, GenX is a from North Carolina (Mr. HUDSON) and I have a letter here from Secretary group of PFAS chemicals that have a Member opposed each will control 5 Michael Regan of the North Carolina been a particular concern for several minutes. Department of Environmental Quality communities. Last year, the Energy The Chair recognizes the gentleman supporting this effort. and Commerce Committee heard testi- from North Carolina. mony from a member of one of those Madam Chair, I include that letter in Mr. HUDSON. Madam Chair, I rise communities, Emily Donovan, of the the RECORD. today to offer my second amendment NORTH CAROLINA group Clean Cape Fear. to H.R. 535, the PFAS Action Act of ENVIRONMENTAL QUALITY, Emily testified about the burden of 2019. Raleigh, NC, January 9, 2020. disease in her community, including As I have just described, the chem- Hon. RICHARD HUDSON, her husband’s cancer, and the burden of ical GenX has been a major concern for House of Representatives, having to educate and protect her com- my constituents for years. Washington, DC. munity without the protections and re- As I have already stated, my con- DEAR REPRESENTATIVE HUDSON: As you sources of our Federal environmental stituents are scared, and they don’t know North Carolina has been at the fore- laws. know what the long-term health effects front in dealing with the issue of emerging Her group, Clean Cape Fear, had to compounds. Because of the lack of guidance of being exposed to these chemicals seek donations to install drinking will be. or action from the current U.S. Environ- water treatment for the public schools mental Protection Agency (U.S. EPA), our Madam Chair, we cannot wait to state and others have taken the lead on the of her town so that the children could begin the cleanup of drinking waters necessary investigations, scientific evalua- have safe water to drink at school. that have been affected by these tions, remediation and enforcement actions That is just not right. chemicals. While this bill is far from So I appreciate these North Carolina for PFAS contamination caused by govern- perfect, I am encouraged that it does ment and industrial uses. Members raising the issue of GenX to create a PFAS Infrastructure Grant It is clear that members of Congress, on help Emily and other people impacted Program to provide assistance to com- both sides of the aisle, understand the urgent by GenX. I thank the gentlemen for munity water systems affected by need to immediately address the contamina- their amendment, and I urge my col- PFAS. tion from PFAS chemicals, especially in leagues to support this amendment and My amendment would simply clarify North Carolina. The North Carolina Depart- this bill. ment of Environmental Quality appreciates that communities like mine that have Madam Chair, I reserve the balance the leadership you and the state’s delegation been impacted by GenX are eligible for of my time. are providing to advance the conversation grants under this section. It would not surrounding PFAS and GenX as we continue Mr. HUDSON. Madam Chair, I yield the balance of my time to the gen- affect the program in any way, other in our mission to protect our state’s water than providing clarity and relief to the and air. tleman from Illinois (Mr. SHIMKUS), the people of North Carolina. I look forward to continued dialogue with ranking member of the committee. you and your colleagues to encourage the Mr. SHIMKUS. Madam Chair, my col- I know that we still have a lot of U.S. EPA to move more quickly to set PFAS league, Mr. HUDSON, has led the com- work to do to solve the PFAS issue. I health standards and protections. I hope that mittee’s efforts to address GenX on be- am committed to working with all we can count on you and the entire delega- half of his constituents in North Caro- Members of Congress, Republicans and tion to push for much-needed resources and lina. He has pressed EPA to complete Democrats, as well as State and local support to address current and future con- leaders to make sure we are taking tamination and remediation needs involving its human health toxicity assessment on GenX using science. care of our communities. Everyone de- these forever chemicals. serves clean water. Sincerely, This amendment takes the next step MICHAEL S. REGAN, to focus EPA on ways to keep people’s Today, we are taking a positive step, Secretary, North Carolina drinking water safe under GenX. This and I look forward to continuing to Department of Environmental Quality. is a prudent step to harness the tech- work on this issue. I would urge all of my colleagues to support this amend- Mr. HUDSON. Madam Chair, while I nical expertise of the EPA to identify ment. understand it takes time to develop the ways to reduce contamination of the Madam Chair, I reserve the balance scientific evidence to make these deci- substance, which will be useful in con- of my time. sions, my neighbors are tired of wait- nection with EPA’s other work and Mr. TONKO. Madam Chair, I claim ing. We must act now. will aim to stop future problems like those in Cape Fear River. I applaud my the time in opposition to the amend- My amendment adopts this common- colleague and friend for his work. ment, though I do not intend to oppose sense approach and requires the EPA Mr. HUDSON. Madam Chair, I have it. to investigate methods and means to no further speakers. I yield back the The Acting CHAIR (Miss RICE of New prevent contamination by GenX of sur- balance of my time. York). Without objection, the gen- face waters, including source waters Mr. TONKO. Madam Chair, I support tleman from New York is recognized used for drinking purposes. This will the Hudson amendment, and I encour- for 5 minutes. enable us to find the best ways possible age my colleagues to do likewise. There was no objection. to safeguard our waters both now and I yield back the balance of my time. Mr. TONKO. Madam Chair, this for future generations. The Acting CHAIR. The question is amendment explicitly includes GenX Madam Chair, I thank Chairman on the amendment offered by the gen- chemicals in the definition of PFAS PALLONE, Ranking Member WALDEN, tleman from North Carolina (Mr. HUD- covered by the legislation. Chairman TONKO, Ranking Member SON). I want to be clear that GenX are SHIMKUS, and my good friend and col- The amendment was agreed to. PFAS chemicals and are already cov- league Mr. DAVID ROUZER all for work- AMENDMENT NO. 5 OFFERED BY MR. HUDSON ered by this provision, regardless of ing with me on this, and I urge the rest The Acting CHAIR. It is now in order whether this amendment is adopted. of my colleagues to support this to consider amendment No. 5 printed in I am happy to support, however, the amendment. part B of House Report 116–366. amendment because we absolutely Madam Chair, I reserve the balance Mr. HUDSON. Madam Chair, I have mean for this funding to be available to of my time. an amendment at the desk. remove GenX from drinking water. But

VerDate Sep 11 2014 05:17 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00064 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JA7.106 H09JAPT1 SSpencer on DSKBBXCHB2PROD with HOUSE January 9, 2020 CONGRESSIONAL RECORD — HOUSE H131 no one should interpret this amend- from Ohio (Mr. BALDERSON) and a Mem- cember 3 proposal to establish a max- ment as implying that GenX are not al- ber opposed each will control 5 min- imum contaminant level. This impor- ready covered within the definition of utes. tant step toward public safety is cur- PFAS. The Chair recognizes the gentleman rently under interagency review. I also want to mention one important from Ohio. For the well-being of all Americans, thing about GenX. We have heard a lot Mr. BALDERSON. Madam Chair, my we should support this plan’s success. today about how PFOA and PFAS are amendment would require the EPA ad- Madam Chair, I reserve the balance dangerous, but that newer PFAS might ministrator to certify to Congress the of my time. be safer. I want to make certain that agency has completed its own PFAS Mr. TONKO. Madam Chair, I rise in everyone understands, GenX is one of Action Plan before the underlying bill opposition to the amendment. those supposedly safer alternatives. It may be implemented. The Acting CHAIR. The gentleman is a set of short-chain PFAS that were My amendment acknowledges the from New York is recognized for 5 min- developed to replace PFOA. concern for human health and the envi- utes. GenX is a great example of why we ronment caused by drinking water con- Mr. TONKO. Madam Chair, I yield need the moratorium on new PFAS in- tamination and enables the EPA, the myself such time as I may consume. cluded in this bill, because if EPA had appropriate regulatory agency, to im- This amendment would block imple- the needed science in hand when GenX prove the situation through careful mentation of the important public was introduced, communities in North science. health protections in this bill until the Carolina, and nationwide, might never PFAS are synthetic chemicals used EPA administrator certifies that its have been impacted. in a variety of products that have com- PFAS Action Plan is completed. That is what we are trying to accom- mercial, industrial, and military uses. Let’s be clear about something. This plish with this bill. We want to help These substances are often found in ev- EPA is never going to complete that the communities that have been im- eryday objects and relied upon by action plan. EPA has already failed to pacted and head off future harmful pol- Americans. meet the weak deadlines it set for One of the most important uses is lution. itself in that. medical devices. PFAS materials are I thank the gentlemen for their We were supposed to have a regu- central components of many medical amendment, and I urge my colleagues latory determination for PFOA and devices because they are bio-compat- to support this amendment and this PFAS in drinking water. We do not. We ible, durable, and deemed safe for im- bill. were supposed to have designations of Madam Chair, I reserve the balance plantation when necessary. PFOA and PFAS under Superfund. In of my time. PFAS, and, in fact, fluoropolymers, Mr. HUDSON. Madam Chair, I just have lifesaving applications in medical fact, in EPA’s action plan they note want to say thank you to Chairman devices, including heart patches and that they started that activity in 2018. They haven’t gotten it done. TONKO for working with me on this grafts, stents, and surgical mesh. They We were supposed to have EPA ac- very important issue. are found in catheters and other med- Again, folks back home in North ical tubing and guide wires used in sur- tion to require reporting of PFAS re- Carolina are very concerned, to put it gical patients and to treat thousands of leases on the Toxics Release Inventory. mildly. And so to give them a little bit diseases. These substances are even We had to attach that to the NDAA to of clarity, a little bit of certainty that found in sterile coatings on hospital get it done. GenX is covered means a lot to folks gowns, masks, and other tools needed And, by the way, Republicans sup- back home, so I appreciate the gen- to keep hospital settings sterile and ported taking that action on NDAA. But even these specifics are giving tleman working with me on this. fight infections. Madam Chair, I yield back the bal- In my district of Ohio 12, medical de- this amendment too much credit. This ance of my time. vice producers make these critical is not a serious amendment because Mr. TONKO. Madam Chair, I appre- products and contribute to improving EPA’s Action Plan is not designed to ciate the kind words from the gen- patients’ lives every day. ever be completed. Many of the action tleman from North Carolina. I appre- Clearly, not all PFAS are the same. items are characterized by the EPA ciate working with him. I encourage To assert that all these 5,000-plus sub- itself as ongoing commitments. my colleagues to support the Hudson stances are hazardous in one move is Here is an example. EPA committed amendment, his second amendment, not based on science and it is dan- to holding responsible parties account- and I will do likewise. gerous. That would call into question able for PFAS releases into the envi- I yield back the balance of my time. the already approved medical devices ronment. That task is an ongoing com- The Acting CHAIR. The question is that are saving lives. mitment that can never be completed. on the amendment offered by the gen- The better solution is to allow the Evaluating new science, evaluating tleman from North Carolina (Mr. HUD- EPA to do its work and look at each new PFAS, assessing new drinking SON). chemical on its own merits, rather water treatment technology, these are The amendment was agreed to. than labeling the whole diverse class as all things EPA will continue doing in- AMENDMENT NO. 6 OFFERED BY MR. BALDERSON hazardous. definitely. The Acting CHAIR. It is now in order I agree with the authors of this bill In fact, one of the stated purposes of to consider amendment No. 6 printed in that we must be cautious with the use EPA’s action plan is ‘‘preventing fu- part B of House Report 116–366. of chemicals and reduce their levels in ture contamination.’’ When will EPA Mr. BALDERSON. Madam Chair, I our water supplies, but this cannot be ever be done preventing future con- have an amendment at the desk. done at the jeopardy of American pa- tamination? The Acting CHAIR. The Clerk will tients. So this amendment would actually designate the amendment. That is why I am thrilled to learn block the important provisions in this The text of the amendment is as fol- about EPA’s PFAS Action Plan, which bill from ever being implemented. It lows: the agency published last year in re- would harm public health and leave our At the end, add the following: sponse to greater awareness of this communities worse off. I urge all of my SEC. 19. EFFECTIVE DATE. issue and rising public health concerns. colleagues to oppose this amendment. This Act and the amendments made by As part of this plan, the EPA works Madam Chair, I yield back the bal- this Act shall not take effect until the date ance of my time. that the Administrator of the Environ- with Federal, State, and local partners mental Protection Agency certifies that the to understand and act on known PFAS Mr. BALDERSON. Madam Chair, I 1 Environmental Protection Agency has com- dangers. yield 1 ⁄2 minutes to the gentleman pleted the actions described in the document The EPA plan is a comprehensive, from Pennsylvania (Mr. JOYCE). titled ‘‘EPA’s Per- and Polyfluoroalkyl Sub- cross-agency approach. It includes con- Mr. JOYCE of Pennsylvania. Madam stances (PFAS) Action Plan’’ and dated Feb- crete steps to monitor, detect, and ad- Chair, I thank the gentleman for yield- ruary, 2019. dress PFAS contamination. ing and for the opportunity to support The Acting CHAIR. Pursuant to One major action worth noting that this amendment to this deeply-flawed House Resolution 779, the gentleman the EPA has already taken is the De- bill.

VerDate Sep 11 2014 03:42 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00065 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JA7.110 H09JAPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H132 CONGRESSIONAL RECORD — HOUSE January 9, 2020 Madam Chair, I rise this evening in (2) whether such substance is susceptible hazardous, particularly when not dis- support of the Balderson amendment. to treatment by such treatment works; and closed. H.R. 535 will have broad and significant (3) whether such substance would interfere The PFAS Transparency Act estab- impact on medical innovation and neg- with the operation of the treatment works. lishes a commonsense requirement (b) VIOLATIONS.—A violation of this section atively impact patient outcomes. shall be treated in the same manner as a vio- that industrial facilities disclose this PFAS materials have a variety of lation of a regulation promulgated under information to treatment systems be- uses in healthcare, ranging from car- subsection 307(b) of the Federal Water Pollu- forehand, meaning more transparency diac stents to the coating on contact tion Control Act (33 U.S.C. 1317(b)). and accountability for our commu- lenses. Using innovative PFAS mate- (c) DEFINITIONS.—In this section: nities. rials, surgeries such as those that were (1) INTRODUCTION.—The term ‘‘introduc- I would like to take this moment to previously used to repair a child’s con- tion’’ means the introduction of pollutants recognize my coleads on this measure, into treatment works, as described in section genital heart defect now no longer re- HRIS APPAS 307(b) of the Federal Water Pollution Control Representatives C P and quire risky, open heart surgery proce- Act (33 U.S.C. 1317). HARLEY ROUDA. We introduced this dures and can simply be done as an (2) TREATMENT WORKS.—The term ‘‘treat- PFAS Transparency Act alongside the outpatient with significantly less ment works’’ has the meaning given that bipartisan Clean Water Standards for risks. term in section 212 of the Federal Water Pol- PFAS Act of 2020, which would require lution Control Act (33 U.S.C. 1292). b 2000 the EPA to review PFAS discharges The Acting CHAIR. Pursuant to under the Clean Water Act and issue The EPA is already working on its House Resolution 779, the gentleman regulations to address harmful dis- own comprehensive PFAS Action Plan, from New York (Mr. DELGADO) and a charges of PFAS into our Nation’s wa- and we must listen to science rather Member opposed each will control 5 terways. than regulating new devices and treat- minutes. These bills together take important ments out of existence. The Chair recognizes the gentleman steps to increase our understanding of Here is the bottom line: We cannot from New York. PFAS in wastewater and address harm- ignore the benefits that some PFAS Mr. DELGADO. Madam Chair, today, ful discharges in our water system, chemicals have given to humankind. I am pleased to offer this bipartisan both direct and indirect. Madam Chair, I strongly urge the amendment to strengthen this legisla- I urge this House to stand with our adoption of the Balderson amendment. tion aimed at addressing PFAS con- communities facing unthinkable con- Mr. BALDERSON. Madam Chair, the tamination in our communities. sequences of PFAS contamination. administration has demonstrated that Right now, communities in upstate Madam Chair, I urge a ‘‘yes’’ vote on one of its top priorities is the research New York continue to struggle with this amendment, and I reserve the bal- and necessary regulation of PFAS. Its the impacts of PFAS contamination in ance of my time. ongoing commitment to public safety drinking water. Residents of Hoosick Mr. SHIMKUS. Madam Chair, I rise is responsible. Congress should allow Falls and Petersburg in Rensselaer in opposition to the amendment. the EPA to complete its work before County are living every day with the The Acting CHAIR. The gentleman casting such a wide net on labeling impacts of PFAS contamination, which from Illinois is recognized for 5 min- 5,000-plus PFAS as hazardous. This is we know include thyroid disease, birth utes. an opportunity for Congress to be defects, autoimmune disorders, and Mr. SHIMKUS. Madam Chair, I re- proactive rather than reactive. cancer. serve the balance of my time. I invite Members to join me in sup- Last year, Emily Marpe, who now Mr. DELGADO. Madam Chair, how porting thoughtful action to ensure the lives with her family in Hoosick Falls, much time do I have remaining? safety of the American public and our testified before the Energy and Com- The Acting CHAIR. The gentleman environment. from New York has 2 minutes remain- Madam Chair, I urge a ‘‘yes’’ vote on merce Committee about her experi- ing. my amendment, and I yield back the ences with contaminated water in her Mr. DELGADO. Madam Chair, I yield balance of my time. home in Petersburg, New York. Emily The Acting CHAIR. The question is spoke about her experiences of being 1 minute to the gentleman from New on the amendment offered by the gen- unable to drink the water from her fau- York (Mr. TONKO). Mr. TONKO. Madam Chair, I thank tleman from Ohio (Mr. BALDERSON). cet and having to sell her home and The question was taken; and the Act- then test her blood as well as the blood the gentleman for yielding. ing Chair announced that the noes ap- of her children for PFOA. Under the Clean Water Act, many in- peared to have it. What Emily described is all too com- dustries discharge directly to munic- Mr. TONKO. Madam Chair, I demand mon in my district, and it is represent- ipal sewage treatment plants rather a recorded vote. ative of the experiences of commu- than discharge directly to surface The Acting CHAIR. Pursuant to nities across the country. This is why waters. To address this practice, the clause 6 of rule XVIII, further pro- PFAS has been a priority of mine and Clean Water Act established a ceedings on the amendment offered by so many in this Chamber on both sides pretreatment program, which allows the gentleman from Ohio will be post- of the aisle. sewage treatment plants to work with poned. The PFAS Action Act is a critically industrial discharge connections to en- AMENDMENT NO. 7 OFFERED BY MR. DELGADO important bill. My bipartisan amend- sure that any industrial chemicals are The Acting CHAIR. It is now in order ment will strengthen this legislation properly treated or that these chemi- to consider amendment No. 7 printed in and address another element of this cals do not disrupt the normal func- part B of House Report 116–366. crisis: indirect discharge. My amend- tioning of the sewage treatment plants. Mr. DELGADO. Madam Chair, I have ment, which pulls from the PFAS However, a pretreatment program is an amendment at the desk. Transparency Act, would make it ille- only effective if the sewage treatment The Acting CHAIR. The Clerk will gal for an industrial facility to intro- plant knows which chemicals are being designate the amendment. duce PFAS into a sewage treatment introduced into their sewage treatment The text of the amendment is as fol- system without first disclosing infor- systems. Yet, there is no current Clean lows: mation about that substance. Water Act requirement that requires At the end of the bill, add the following: Right now, companies can tap into a industrial discharges to tell the mu- SEC. ll. DISCLOSURE OF INTRODUCTIONS OF public wastewater infrastructure and nicipality that it plans to release PFAS. introduce PFAS into our sewage sys- PFAS-related chemicals into the sew- (a) IN GENERAL.—The introduction of any tems, regardless of the local treatment age system. perfluoroalkyl or polyfluoroalkyl substance plant’s ability to effectively treat the This amendment offered by the gen- by the owner or operator of an industrial tleman from New York (Mr. DELGADO) source shall be unlawful unless such owner contamination. or operator first notifies the owner or oper- Most municipal water treatment would address this current loophole. I ator of the applicable treatment works of— plants are not equipped to effectively support this amendment, and I appre- (1) the identity and quantity of such sub- treat for PFAS contamination, which ciate the good work that the gen- stance; makes indirect discharges extremely tleman from New York has done not

VerDate Sep 11 2014 03:42 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00066 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JA7.112 H09JAPT1 SSpencer on DSKBBXCHB2PROD with HOUSE January 9, 2020 CONGRESSIONAL RECORD — HOUSE H133 only for the residents of his congres- The Chair recognizes the gentle- The PFAS-free label created under sional district but for the residents of woman from Maine. this bill was developed by Representa- this country. This is an important Ms. PINGREE. Madam Chair, I yield tive SOTO to help consumers who are amendment. I appreciate the hard work myself such time as I may consume. trying to protect themselves from he has done and the sensitivity he has I thank Chairman PALLONE and Con- PFAS risks. I thank Mr. SOTO for his shown. gresswoman DINGELL for their leader- work on that provision. Mr. DELGADO. Madam Chairwoman, ship on PFAS issues, and I thank Con- Expanding that label to cover car- I am prepared to close, and I want to gresswoman SPANBERGER, who is also a peting, rugs, clothing, and upholstered use this opportunity to strengthen our sponsor of this amendment with me. furniture makes great sense. Recent defenses against these dangerous ‘‘for- I rise today in support of my amend- data suggests that those consumer ever chemicals’’ and protect our drink- ment to H.R. 535, the PFAS Action Act products can be a significant source of ing water for generations to come. of 2019. This bipartisan bill would take PFAS exposure and that PFAS-free Madam Chair, I urge a ‘‘yes’’ vote on much-needed and long-overdue action products are available on the market. this important bipartisan amendment, on these forever harmful chemicals. Currently, consumers have no clear and I yield back the balance of my These pervasive and dangerous way to know which rugs have PFAS time. chemicals pose serious risks to both and which do not. Mr. SHIMKUS. Madam Chairwoman, human health and to our environment, Manufacturers that are taking steps I yield myself the balance of my time. and the delay in taking action on them to produce these items without PFAS This amendment makes it illegal for has been inexcusable. They are known have no way of distinguishing their an industrial facility to introduce hormone disruptors, and studies link products in the marketplace. This PFAS into a sewage treatment system exposure to them to kidney and testic- amendment will give them that tool. without first disclosing information ular cancer, thyroid disease, and other I congratulate both Representatives about that substance. This amendment health problems. PINGREE and SPANBERGER for their sen- effectively would create an entirely PFAS chemicals are concentrated in sitivity to consumers by placing this new and duplicative regulatory pro- human and animal blood and tissue and amendment before us. I urge my col- gram under the Clean Water Act. can remain there for years. It is esti- leagues to support the amendment and This amendment is an ad hoc at- mated that 99 percent of Americans the overall bill. tempt at regulating PFAS without any have PFAS in their blood. Ms. PINGREE. Madam Chair, con- In my home State of Maine, PFAS consideration of whether or how these sumers have the right to know what was first discovered from the ground- requirements would duplicate or mesh harmful chemicals are in their homes, water at former military installations with the implementation of the EPA and they should have the ability to from firefighting foam, but PFAS has PFAS Action Plan or similar, already choose products that keep their fami- also been found in our public water existing regulatory requirements under lies and their environment safe. supplies, soil, animal products, and the Clean Water Act. Madam Chair, I urge my colleagues household products like cookware and The committee of jurisdiction for to vote ‘‘yes’’ on my amendment, and I carpets. this provision is the Transportation yield back the balance of my time. and Infrastructure Committee, and A 2015 review by the Environmental they have held no hearings and con- Working Group showed the majority of b 2015 ducted no stakeholder or scientific PFAS in homes comes from its pres- Mr. SHIMKUS. Madam Chair, I yield community engagement or consulta- ence in carpets and textiles. The U.S. myself such time as I may consume. tion on this issue. As a result, this Centers for Disease Control named car- Madam Chair, this amendment ex- amendment is nothing more than an pet as the number one source of PFAS pands EPA’s Safer Choice program to automatic reaction to regulate in a exposure for infants and toddlers, who, include carpets, rugs, clothing, and up- vacuum without risk information and as you can imagine, spend a lot of time holstered furniture that do not contain without an understanding of its con- playing, lying, and crawling on carpets. PFAS. sequences. My amendment would expand the En- The Safer Choice program was not Madam Chair, I urge a ‘‘no’’ vote on vironmental Protection Agency’s Safer meant to cover products like this, and this amendment, and I yield back the Choice label to additional household it will be extremely expensive and balance of my time. products, including carpet, rugs, cloth- time-consuming to do so. Revisions to The Acting CHAIR. The question is ing, or upholstered furniture certified the program of this type are not con- on the amendment offered by the gen- not to contain PFAS. This change sistent with the intent of the program tleman from New York (Mr. DELGADO). would prompt manufacturers to de- and would require significant changes The amendment was agreed to. velop safer alternatives and help con- to the program to implement it effec- AMENDMENT NO. 8 OFFERED BY MS. PINGREE sumers find and buy healthier products tively. The Acting CHAIR. It is now in order for their homes. To establish this standard, EPA I urge my colleagues to join me in to consider amendment No. 8 printed in would have to hold listening sessions taking action for the health of our part B of House Report 116–366. and propose and finalize changes to the Ms. PINGREE. Madam Chair, I have communities and the environment and Safer Choice standard. Public involve- an amendment at the desk. vote ‘‘yes’’ on my amendment. ment would have to be substantial. Madam Chair, I reserve the balance The Acting CHAIR. The Clerk will Most importantly, for consumers’ in- of my time. designate the amendment. Mr. SHIMKUS. Madam Chair, I claim formation, labeling indicating the ab- The text of the amendment is as fol- the time in opposition. sence of PFAS does not necessarily lows: The Acting CHAIR. The gentleman mean a safer product, which under- Page 46, line 12, strike ‘‘or cooking uten- from Illinois is recognized for 5 min- mines the purpose of the EPA program. sil’’ and insert ‘‘cooking utensil, carpet, or utes. In addition, when bisphenol A, com- rug, clothing, or upholstered furniture’’. Mr. SHIMKUS. Madam Chair, I re- monly known as BPA, was used in baby Page 46, beginning on line 14, strike ‘‘or bottles, companies and retailers who cooking utensil’’ and insert ‘‘cooking uten- serve the balance of my time. sil, carpet, rug, clothing, or upholstered fur- Ms. PINGREE. Madam Chair, I yield made bottles with other substances had niture’’. 1 minute of my time to the gentleman no problem labeling their products as Page 46, beginning on line 17, strike ‘‘or from New York (Mr. TONKO). BPA-free. cooking utensil’’ and insert ‘‘cooking uten- Mr. TONKO. Madam Chair, I thank In some ways, this is a taxpayer- sil, carpet, rug, clothing, or upholstered fur- the gentlewoman from Maine for yield- funded advertising campaign for cor- niture’’. ing. porations that can cut commercials for The Acting CHAIR. Pursuant to I support the Pingree-Spanberger their products themselves. House Resolution 779, the gentlewoman amendment, which would expand the In some ways, the Federal Govern- from Maine (Ms. PINGREE) and a Mem- voluntary label for PFAS-free products ment needs to get into this area. A bet- ber opposed each will control 5 min- to include carpets, rugs, clothing, and ter way would be to have a collabo- utes. upholstered furniture. rative among the EPA, the Consumer

VerDate Sep 11 2014 03:42 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00067 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JA7.115 H09JAPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H134 CONGRESSIONAL RECORD — HOUSE January 9, 2020 Product Safety Commission, the Fed- The Chair recognizes the gentleman This act represents a continued push eral Trade Commission, and the Food from Michigan. by this bipartisan group of legislators and Drug Administration to make rec- Mr. KILDEE. Madam Chair, I yield for much-needed legislation to clean up ommendations on how to convey any myself such time as I may consume. PFAS and to safeguard us from these risk from these products. One community I represent is chemicals. This is not the right way to address Oscoda, a small town in the northern Some of the provisions in this bill this issue. part of my district. It was once the were taken out of the recently passed Madam Chair, I would urge a ‘‘no’’ home of the Wurtsmith Air Force Base. NDAA by Senate Republicans, who vote on this amendment, and I yield Even though that base closed more sided again with President Trump and back the balance of my time. than two decades ago, the Oscoda com- the administration on behalf of cor- The Acting CHAIR. The question is munity is now dealing with PFAS con- porate polluters to block these provi- on the amendment offered by the gen- tamination from the base that is leach- sions from becoming law. tlewoman from Maine (Ms. PINGREE). ing into their drinking water and the While we were able to include many The amendment was agreed to. nearby lakes. good PFAS provisions in the NDAA, in- AMENDMENT NO. 9 OFFERED BY MR. KILDEE For years, I have been fighting to cluding phasing out of firefighting The Acting CHAIR. It is now in order help the people of Oscoda clean up foam, requiring polluters to report to consider amendment No. 9 printed in PFAS contamination. when they release PFAS into the envi- part B of House Report 116–366. In January of last year, 1 year ago, I, ronment, and allowing for a nationwide Mr. KILDEE. Madam Chair, I have an along with Congressman BRIAN study of PFAS contamination, many of amendment at the desk. FITZPATRICK, founded the bipartisan these critical provisions were ulti- The Acting CHAIR. The Clerk will Congressional PFAS Task Force to mately blocked by Senate Republicans. The House will continue to act to designate the amendment. bring Republicans and Democrats to- protect public health and urge action The text of the amendment is as fol- gether to address this growing and ur- for Oscoda and so many other places lows: gent public health threat. We now have 50 members up from the 14 members around the country. At the end, add the following section: that we started with. As more Members I also, obviously, urge the passage of SEC. 19. HOUSEHOLD WELL WATER TESTING of Congress learn about contamination my amendment, which would promote WEBSITE. transparency and streamline EPA re- (a) IN GENERAL.—Not later than one year in their districts, they are joining this after the date of enactment of this Act, the movement. sources to help people potentially ex- Administrator of the Environmental Protec- We are beginning to know the prob- posed to PFAS and other contaminants tion Agency shall establish a website con- lem, and we know that we have to do to understand better what their test taining information relating to the testing more urgently to act to clean up and results mean. of household well water. address PFAS in the environment. In the U.S., well water is essentially (b) CONTENTS.—The Administrator shall in- That is why I am a strong supporter unregulated. For the 43 million people clude on the website established under sub- of the bipartisan PFAS Action Act, a in our country with well water, when section (a) the following: bill pushed through the Energy and they get testing results back, it is hard (1) Information on how to get groundwater for them to understand how it could that is the source for a household water well Commerce Committee with the support tested by a well inspector who is certified by of many Members, but most impor- impact their family’s water supply. a qualified third party. tantly, my Michigan colleague, Con- Under this amendment, the EPA (2) A list of laboratories that analyze water gresswoman DEBBIE DINGELL. website would be simplified and samples and are certified by a State or the According to the Environmental streamlined, making it easier for mil- Administrator. Working Group, over 100 million people lions of American families to under- (3) State-specific information, developed in are exposed to PFAS in their drinking stand the threat they face. coordination with each State, on naturally water. This isn’t acceptable. Every Madam Chair, I thank my colleagues, occurring and human-induced contaminants. Congressman KIND from Wisconsin and (4) Information that, using accepted risk American deserves clean drinking water. Congressman GALLAGHER, for sup- communication techniques, clearly commu- porting me with this amendment. I en- nicates whether a test result value exceeds a The PFAS Action Act will help pro- level determined by the Administrator or the tect families from PFAS in their courage its adoption. State to pose a health risk. drinking water, lakes, rivers, and Madam Chair, I reserve the balance (5) Information on treatment options, in- streams and in the air by requiring of my time. Mr. SHIMKUS. Madam Chair, I claim cluding information relating to water treat- PFAS to be listed under the Safe the time in opposition to the amend- ment systems certified by the National Drinking Water Act, the Clean Water Science Foundation or the American Na- ment. tional Standards Institute, and people who Act, and the Clean Air Act. It will also The Acting CHAIR. The gentleman are qualified to install such systems. require polluters and corporations to from Illinois is recognized for 5 min- (6) A directory of whom to contact to re- clean up their PFAS contamination utes. port a test result value that exceeds a level through CERCLA. Mr. SHIMKUS. Madam Chair, I re- determined by the Administrator or the It is important that Congress acts, serve the balance of my time. State to pose a health risk. because the Trump administration has Mr. KILDEE. Madam Chair, I urge (7) Information on financial assistance not. my colleagues to adopt this. that is available for homeowners to support While the EPA and the Defense De- water treatment, including grants under sec- Just to be clear, I support the under- tion 306E of the Consolidated Farm and partment both have had authority to lying legislation, obviously. The Rural Development Act (7 U.S.C. 1926e) and protect the public from PFAS, they amendment simply requires that we State resources. have so far failed in their responsibil- provide an opportunity for people who (8) Any other information the Adminis- ities to address this public health cri- are potentially going to be affected by trator considers appropriate. sis. PFAS, particularly in drinking water (c) COORDINATION.—The Administrator The EPA has run a public relations but also from other sources, to be able shall coordinate with the Secretary of campaign to convince us that they care Health and Human Services, the Secretary of to understand easily the threat they about PFAS but has failed to act to face. Agriculture, and appropriate State agencies regulate these dangerous chemicals, in carrying out this section. Madam Chair, I urge my colleagues (d) AUTHORIZATION OF APPROPRIATIONS.— even missing their own promised dead- on both sides of the aisle to support There is authorized to be appropriated to lines to act. this. Ultimately, this amendment is carry out this section $1,000,000 for fiscal Just this week, the White House sig- about making sure people are armed year 2021. naled that it would likely veto this leg- with the information that they need to The Acting CHAIR. Pursuant to islation. In threatening to veto this protect their families. House Resolution 779, the gentleman bill, President Trump and his adminis- Madam Chair, I yield back the bal- from Michigan (Mr. KILDEE) and a tration clearly are siding with pol- ance of my time. Member opposed each will control 5 luters instead of protecting the health Mr. SHIMKUS. Madam Chair, I ap- minutes. of the American people. preciate my friend and colleague from

VerDate Sep 11 2014 03:42 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00068 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JA7.118 H09JAPT1 SSpencer on DSKBBXCHB2PROD with HOUSE January 9, 2020 CONGRESSIONAL RECORD — HOUSE H135 Michigan. He has been very active on see that the information is somehow Michigan (Mrs. LAWRENCE), I rise to this issue for many years now, and I re- available somewhere but available in a offer an amendment. spect his intensity and his efforts. A fashion that is easily discernible by The Acting CHAIR. The Clerk will couple of things, because a lot of the people who are not scientists. designate the amendment. debate was initially just on the overall Mr. SHIMKUS. Reclaiming my time, The text of the amendment is as fol- bill. so you are saying your State is not ca- lows: It is the Senate that caused us not to pable of doing it themselves? I mean, At the end of section 2, add the following: enact all these provisions in the NDAA. your State health department can’t do (c) PUBLIC AVAILABILITY.—Not later than 60 days after making a determination under That is why they are on record as not the research? subsection (b), the Administrator of the En- going to move this bill. You are also talking about private vironmental Protection Agency shall make We did have a chance for the Safe wells on private property, bringing the the results of such determination publicly Drinking Water Act to be included in Feds in to list the water systems for available on the website of the Environ- the final piece of legislation. That was that. Obviously, under the system of mental Protection Agency. blocked by someone, and now, here we Federal Government, we are raising The Acting CHAIR. Pursuant to are. some concerns on that amendment. House Resolution 779, the gentleman The President has threatened to veto Let me continue. If I have some time, from New York (Mr. TONKO) and a the act. You are correct about that. we can go on. Member opposed each will control 5 Mr. KILDEE also raised the benefits of In addition to State departments of minutes. what we did do, and I listed them ear- health that certify the laboratories—it The Chair recognizes the gentleman lier, from the EPA to mandate that is your department of health that cer- from New York. drinking water systems monitor for tifies the laboratories that test the Mr. TONKO. Madam Chair, I yield unregulated PFAS, provide grants to water, not EPA, as this legislation im- myself as much time as I may con- communities, require new reporting of plies. sume. PFAS under the Toxics Release Inven- It would place a lot of burdens on I thank Congress Member LAWRENCE tory program, require manufacturers EPA to carry out a program that for her work on this amendment. The amendment, Madam Chair, is and processors of PFAS to submit States and local governments could simple. It would ensure that the public health and safety information—these more easily and appropriately handle. is notified when any additional chemi- are all law today—restrictions on new It would also likely take more than a cals in the PFAS family are designated uses of long-change PFAS, guidance for year to establish this program, which as hazardous substances. appropriate destruction of per- or is all the bill provides in this statutory More specifically, this amendment polyfluorinated compounds, require the language. requires the EPA to publish its deter- Federal Government to work expedi- I believe this amendment also places minations on the remaining PFAS tiously with States to enter into bind- serious unfunded mandates on States. chemicals on its publicly accessible ing cooperative agreements. That is Finally, I have questions about website within 60 days. particularly important for the gentle- whether the information being col- Public reporting helps communicate man’s State, which was a success. Of lected and disseminated under this how government is working for the course, I have many more. amendment can be done in a way that people. For agencies like the EPA, full I would also like to highlight the ap- meets the proper risk communication transparency is necessary to inform propriations bill, which included $2.8 strategies called for in the Brown our communities about threats to pub- billion for the Clean Water and Drink- amendment. lic health and the environment. ing Water State Revolving Fund, with That is why we have problems with b 2030 that $20 million going for this issue. this amendment. You do adequately highlight the suc- Mr. KILDEE. Will the gentleman Our constituents have the right to cess that we made at the end of last yield? know exactly what contaminants are year on these two programs. We don’t Mr. SHIMKUS. I yield to the gen- in the air we breathe and the water we want to diminish the success. I know it tleman, my friend. drink. As she noted in her statement in is not as far as a lot of people wanted Mr. KILDEE. I appreciate the gentle- support of her amendment, in her home to go, but there was some success. man’s concern. State of Michigan, she knows the im- To your amendment, it is a fed- I think we may simply have a dis- portance of clean air and clean water eralism debate. Water wells in States agreement as to whether or not there from firsthand experience. are regulated, controlled, and tested by is a legitimate Federal role in ensuring We know threats to our environment and public health do not discriminate, the States, not the EPA. that this information is readily avail- and the Representative concludes that Under this amendment, the Federal able. she knows that, too often, it is the Government would have to collect and I understand the point about States, most important unrepresented and dis- manage information about individuals but I believe this is a national interest advantaged communities that are left and their property. This amendment, in part because it is the Federal Gov- ernment very often which is the big- behind. both broad and vague at the same time, Mr. Chair, I urge support for the gest culprit here. would be an enormous expansion of the amendment from the gentlewoman The community, for example, that I Federal Government into an area that from Michigan, and I reserve the bal- represent in Oscoda, where so many in- has been governed by States. ance of my time. If these wells in the gentleman’s dividuals had their private wells af- Mr. SHIMKUS. Mr. Chair, I rise in State are not being tested, they are not fected, they were affected by the Fed- opposition to the amendment. being tested by his State, and I know eral Government’s poisoning of the The Acting CHAIR (Mr. BRINDISI). his State is very aggressive. groundwater. The gentleman from Illinois is recog- Mr. KILDEE. Will the gentleman Mr. SHIMKUS. I wish I could debate nized for 5 minutes. yield? longer, but my time has expired. Mr. SHIMKUS. Mr. Chair, while I will Mr. SHIMKUS. I yield to the gen- The Acting CHAIR. The time of the not oppose this amendment, this sec- tleman from Michigan. gentleman has expired. tion, in particular, is objectionable. Mr. KILDEE. You raise an excellent The Acting CHAIR. The question is But putting Agency decisions on their point. The issue is, we could mandate, on the amendment offered by the gen- website sounds like a reasonable pro- if you would choose to, that States pro- tleman from Michigan (Mr. KILDEE). posal. vide information on a website that is The amendment was agreed to. I am concerned about the timing of easily discernible. The problem is that AMENDMENT NO. 10 OFFERED BY MR. TONKO 60 days—that would be something that while wells and other sources may be The Acting CHAIR. It is now in order the Agency can do without a problem— tested—I don’t know if you have had to consider amendment No. 10 printed and would have preferred that the the opportunity to read the published in part B of House Report 116–366. Agency was invited to testify on sweep- tests from those examinations. The Mr. TONKO. Madam Chair, as the ing an antiscience bill and its implica- idea of the amendment is not just to designee of the gentlewoman from tions.

VerDate Sep 11 2014 03:42 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00069 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JA7.121 H09JAPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H136 CONGRESSIONAL RECORD — HOUSE January 9, 2020 I do not intend to oppose this amend- For years, water districts across the mass scale that would remove all de- ment, and I yield back the balance of country have had to invest millions of tectable amounts of PFAS. my time. their own dollars on technology to se- I understand the intent of the legisla- Mr. TONKO. Mr. Chair, I thank the cure impacted wells and keep their tion, but our grant and loan programs gentleman for his support of this residents safe. These costs have are designed for communities that amendment, and I encourage my col- crushed our local communities, and can’t afford the expense. What my col- leagues to support the amendment and that is why I have offered this amend- league is asking is that those commu- the overall bill. ment today. nities that could and did make the in- Mr. Chair, I yield back the balance of Communities that could not wait for vestment, that they then be reim- my time. Federal action and that quickly redi- bursed, thus depriving communities The Acting CHAIR. The question is rected resources to address this imme- that can’t afford to do it an oppor- on the amendment offered by the gen- diate health threat should not be pun- tunity to obtain it. tleman from New York (Mr. TONKO). ished. The Federal Government failed Mr. Chair, that is why we object to The amendment was agreed to. to address this threat for decades. The the amendment, and I yield back the AMENDMENT NO. 11 OFFERED BY MISS RICE OF least we can do now is help reimburse balance of my time. NEW YORK the costs incurred by local water dis- The Acting CHAIR. The question is The Acting CHAIR. It is now in order tricts that acted when Congress failed on the amendment offered by the gen- to consider amendment No. 11 printed to do so. tlewoman from New York (Miss RICE). in part B of House Report 116–366. Without this Federal reimbursement, The amendment was agreed to. Miss RICE of New York. Mr. Chair, I costs could be unfairly transferred to AMENDMENT NO. 12 OFFERED BY MR. BROWN OF have an amendment at the desk. residents in the form of higher water MARYLAND The Acting CHAIR. The Clerk will utility bills. We cannot let this happen. The Acting CHAIR. It is now in order designate the amendment. Residents should not be left with the to consider amendment No. 12 printed The text of the amendment is as fol- bill when they had no responsibility for in part B of House Report 116–366. lows: the crisis. Mr. BROWN of Maryland. Mr. Chair, Page 37, lines 1 through 4, amend sub- I would like to thank my colleagues I have an amendment at the desk. section (e) to read as follows: The Acting CHAIR. The Clerk will ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— from Long Island, Representatives ‘‘(1) IN GENERAL.—There is authorized to be PETER KING and TOM SUOZZI, for co- designate the amendment. appropriated to carry out this section not leading this amendment with me, and The text of the amendment is as fol- more than $125,000,000 for each of fiscal years our other bipartisan cosponsors, Rep- lows: 2020 and 2021. resentatives FITZPATRICK, GRIJALVA, At the end of the committee print, insert the following new section: ‘‘(2) SPECIAL RULE.—Of the amounts au- CISNEROS, and STEVENS, as well. thorized to be appropriated by paragraph (1), This is a commonsense bipartisan SEC. 19. RISK-COMMUNICATION STRATEGY. $25,000,000 are authorized to be appropriated priority, and I urge all of my col- The Administrator of the Environmental for each of fiscal years 2020 and 2021 for Protection Agency shall develop a risk-com- grants under subsection (a) to pay for capital leagues to support my amendment to munication strategy to inform the public costs associated with the implementation of help these communities. about the hazards or potential hazards of eligible treatment technologies during the Mr. Chair, I reserve the balance of perfluoroalkyl and polyfluoroalkyl sub- period beginning on October 1, 2014, and end- my time. stances, or categories of perfluoroalkyl and ing on the date of enactment of this section. Mr. SHIMKUS. Mr. Chair, I rise in polyfluoroalkyl substances, by— The Acting CHAIR. Pursuant to opposition to the amendment. (1) disseminating information about the House Resolution 779, the gentlewoman The Acting CHAIR. The gentleman risks or potential risks posed by such sub- stances or categories in land, air, water (in- from New York (Miss RICE) and a Mem- from Illinois is recognized for 5 min- utes. cluding drinking water), and products; ber opposed each will control 5 min- (2) notifying the public about exposure utes. Mr. SHIMKUS. Mr. Chair, I reserve pathways and mitigation measures through The Chair recognizes the gentle- the balance of my time. outreach and educational resources; and woman from New York. Miss RICE of New York. Mr. Chair, I (3) consulting with States that have dem- Miss RICE of New York. Mr. Chair, am prepared to close. onstrated effective risk-communication my amendment would expand the Mr. Chair, I want to thank Chairman strategies for best practices in developing a PFAS Infrastructure Grant Program PALLONE for supporting the amend- national risk-communication strategy. by 25 percent and designate the in- ment, and I yield back the balance of The Acting CHAIR. Pursuant to creased funds for reimbursing water my time. House Resolution 779, the gentleman districts that have already started to Mr. SHIMKUS. Mr. Chairman, I will from Maryland (Mr. BROWN) and a address the PFAS water crisis. use the time that I have available. Member opposed each will control 5 Like many communities across the This amendment provides reimburse- minutes. Nation, Long Island, my district in ment funding for treatment tech- The Chair recognizes the gentleman New York, played a major role in the nologies that were purchased up to 5 from Maryland. industrialization of America. Indus- years ago. The program for which this Mr. BROWN of Maryland. Mr. Chair, trialization brought unparalleled eco- amendment is offered is supposed to I yield myself as much time as I may nomic growth, innovative new tech- aid communities that have dem- consume. nologies, and transformed society as onstrated problems and are economi- I want to first thank Chairman PAL- we know it. cally disadvantaged and cannot afford LONE, Chairman TONKO, and Congress- But with these great societal gains the new technology because of the ex- woman DINGELL for this comprehensive also came unintended consequences, pense. That is why we have the pro- package. like PFAS drinking water contamina- gram. We know PFAS-related substances tion. This amendment suggests that com- remain in our bodies and environment PFAS are toxic chemicals found in munity water systems that had the for years, if not decades. Coupled with paint, cleaning products, packaging, means and no expectation of Federal widespread consumer use and pollu- and countless other products; and too funding to pay for them get money for tion, PFAS toxins could result in long- often, they find their way into our past work. It does not seem a fair use lasting public health problems. drinking water systems. and diversion of taxpayer resources This legislation confronts PFAS con- According to a May 2019 study by the considering the expense of the tech- tamination, spurs cleanup efforts, and New York Public Interest Research nology that can currently meet the cri- sets a drinking water limit. It is crit- Group, Long Island has the most con- teria of an eligible technology and the ical for government agencies to inform taminated drinking water in New York unknown nature of the communities the public of the risk posed by PFAS- State, and Nassau County has the high- that might need it. related substances. est number of water systems with de- According to the EPA, there are few, My amendment would require the tected emerging contaminants, includ- if any, reverse osmosis treatment op- EPA to develop a national risk commu- ing PFOA and PFOS. tions that are economically viable on a nication strategy to share the best

VerDate Sep 11 2014 03:42 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00070 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JA7.124 H09JAPT1 SSpencer on DSKBBXCHB2PROD with HOUSE January 9, 2020 CONGRESSIONAL RECORD — HOUSE H137 available science about PFAS and its Experts believe that 99 percent of Mr. PAPPAS. Madam Chair, I have hazards, notify the public about risks Americans have some level of PFAS in an amendment at the desk. and mitigation measures, and consult their blood, and most of them don’t The Acting CHAIR. The Clerk will with States with effective statewide even know it. designate the amendment. risk communication strategies of their I thank the gentleman for his strong The text of the amendment is as fol- own. leadership in addressing the PFAS cri- lows: In my home State of Maryland, sis head-on and thank him for offering Add at the end the following: PFAS has been identified in the water this amendment. SEC. ll. CLEAN WATER ACT EFFLUENT STAND- at eight DOD installations, tainting Incorporating this amendment will ARDS, PRETREATMENT STANDARDS, AND WATER QUALITY CRITERIA FOR neighboring communities’ local wells make the PFAS Action Act stronger PFAS. and seeping into the Chesapeake Bay and communicate the urgency to more (a) REVIEW AND REGULATION OF SUBSTANCES watershed. I am proud that Maryland people. I am proud to support this AND SOURCES.— is committed to PFAS transparency amendment and urge all of my col- (1) REVIEW.— and research and is taking this issue leagues to support it as well. (A) IN GENERAL.—As soon as practicable, seriously. Mr. BROWN of Maryland. Madam but not later than September 30, 2021, and bi- Chair, I yield back the balance of my ennially thereafter, the Administrator shall Mr. Chair, there are some commu- publish in the Federal Register a plan under nities that are especially vulnerable to time. Mr. SHIMKUS. Madam Chair, we sup- subsection (m) of section 304 of the Federal PFAS exposure, among them, fire- Water Pollution Control Act (33 U.S.C. 1314) fighters at military installations. To port the amendment because we think that contains the results of a review, con- stop the spread of fire at training sites, it is important to have a national risk ducted in accordance with such section, of fire departments use a type of fire- communication strategy. the introduction or discharge of fighting foam that contains PFAS-re- We get troubled and we get confused perfluoroalkyl and polyfluoroalkyl sub- lated substances. in this debate when we are going to de- stances from classes and categories of point Over the course of their careers, clare 7,866 chemicals toxic without sources (other than publicly owned treat- doing the basic science. Hopefully, as ment works). these firefighters put themselves in (B) INCLUSIONS.—The Administrator shall harm’s way, unaware of the toxicity of we move this forward, I believe we are going to find some of the 7,866 that are include in each plan published pursuant to these chemicals and the health issues subparagraph (A)— they can cause down the road. We owe safe, so when we do a risk advisory, we (i) information on potential introduction these servicemen and -women an unre- are going to be able to say: These are or discharges of perfluoroalkyl and coverable debt, and it is our duty to bad; these are okay. polyfluoroalkyl substances; communicate to them the hazards that What the bill does is just say they (ii) any information gaps on such introduc- they were exposed to while risking are all bad, and we don’t have any tion or discharges and the process by which the Administrator will address such gaps; their lives protecting the public. science to prove that. I think we are close on PFOA, and we are close to (iii) for each measurable perfluoroalkyl Whether it is former firefighters, and polyfluoroalkyl substance that is not on military families living on bases, or that on PFOS. Again, we could have moved in a bi- the list of toxic pollutants described in sec- the American people at large, the ex- tion 307(a) of the Federal Water Pollution partisan manner to address those. We change of information between commu- Control Act, a determination, in accordance didn’t do that. But we would like, as nities, risk assessors, and scientists is with the requirements of such section, the EPA considers this and informing critical. whether or not to add the substance to such As we continue to learn more about the public, that they look at hazard list; and identification, exposure assessment, (iv) a determination, in accordance with the full range of health problems the requirements of the Federal Water Pollu- linked to PFAS, we must also commu- and a risk characterization. So risk is a combination of time and tion Control Act, whether or not to establish nicate that risk to the public. Sharing exposure over a period of time. You can effluent limitations and pretreatment stand- this risk, the knowledge of the risk, is talk to toxicologists. That is what they ards for the introduction or discharge of an important step to give the public each substance described in clause (iii) that do. That was the glue that held the the resources they need to defend the Administrator determines under such TSCA bill together was the focus on against PFAS contamination and the clause not to add to such list and for which using science. the Administrator has not developed such adverse health impacts it can cause. Again, as you have heard tonight and Madam Chair, I encourage my col- limitations or standards. you will hear tomorrow, our problem is (2) REGULATION.—Based on the results of leagues on both sides of the aisle to that we are rushing legislation before each review conducted under paragraph (1) support this amendment and the under- we are allowing the science to truly and in accordance with the requirements of lying bill, and I reserve the balance of evaluate this, and we are classifying, the Federal Water Pollution Control Act, the my time. Administrator shall— currently, all 7,866 as hazardous, which Mr. SHIMKUS. Madam Chair, I claim (A) in accordance with the plan published I don’t believe they are. under paragraph (1), as soon as practicable— the time in opposition to the amend- We have never, in the history of this ment, although I do not oppose it. (i) for each measurable perfluoroalkyl and Republic, under the Superfund Act, leg- polyfluoroalkyl substance that the Adminis- The Acting CHAIR (Miss RICE of New islatively banned a chemical. We have trator determines under paragraph (1)(B)(iii) York). Without objection, the gen- always allowed scientific process. to add to the list of toxic pollutants de- tleman from Illinois is recognized for 5 So I think the amendment is helpful scribed in section 307(a) of such Act, initiate minutes. in that it helps us be able to clarify the process for adding the substance to such There was no objection. when we do the scientific analysis what list; and Mr. SHIMKUS. Madam Chair, I re- is safe, what is not. (ii) for each measurable perfluoroalkyl and serve the balance of my time. Informing the public is good. Trans- polyfluoroalkyl substance that the Adminis- Mr. BROWN of Maryland. Madam trator determines under paragraph (1)(B)(iv) parency is great. We support the to establish effluent limitations and Chair, I yield such time as she may amendment. We appreciate the gen- consume to the gentlewoman from pretreatment standards, establish such efflu- tleman bringing it forward. ent limitations and pretreatment standards Michigan (Mrs. DINGELL). Madam Chair, I yield back the bal- (which limitations and standards may be es- Mrs. DINGELL. Madam Chair, I ance of my time. tablished by substance or by class or cat- thank the gentleman from Maryland egory of substances); and for yielding. b 2045 (B) not later than 2 years after the date on I rise in support of the gentleman’s The Acting CHAIR. The question is which each plan is published under para- amendment. By requiring the EPA to on the amendment offered by the gen- graph (1), publish human health water qual- develop a national risk communication tleman from Maryland (Mr. BROWN). ity criteria for measurable perfluoroalkyl strategy surrounding PFAS, the Fed- The amendment was agreed to. and polyfluoroalkyl substances and classes and categories of perfluoroalkyl and eral Government will be better able to AMENDMENT NO. 13 OFFERED BY MR. PAPPAS polyfluoroalkyl substances for which the Ad- educate Americans and inform the pub- The Acting CHAIR. It is now in order ministrator has not published such criteria. lic about the danger of PFAS chemi- to consider amendment No. 13 printed (b) DEADLINES FOR COVERED cals. in part B of House Report 116–366. PERFLUOROALKYL SUBSTANCES.—

VerDate Sep 11 2014 03:42 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00071 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JA7.128 H09JAPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H138 CONGRESSIONAL RECORD — HOUSE January 9, 2020 (1) WATER QUALITY CRITERIA.—Not later (8) TREATMENT WORKS.—The term ‘‘treat- these requirements that will help keep than 2 years after the date of enactment of ment works’’ has the meaning given that our communities safe. this section, the Administrator shall publish term in section 212 of the Federal Water Pol- My constituents deserve clean water. in the Federal Register human health water lution Control Act (33 U.S.C. 1292). There is nothing more important than quality criteria for each covered (9) WATER QUALITY CRITERIA.—The term perfluoroalkyl substance. ‘‘water quality criteria’’ means criteria for the health and safety of our commu- (2) EFFLUENT LIMITATIONS AND water quality under section 304(a)(1) of the nities, and we must work together to PRETREATMENT STANDARDS FOR PRIORITY IN- Federal Water Pollution Control Act (33 stop PFAS from getting into the envi- DUSTRY CATEGORIES.—As soon as practicable, U.S.C. 1314). ronment and poisoning our drinking but not later than 4 years after the date of The Acting CHAIR. Pursuant to water. enactment of this section, the Administrator House Resolution 779, the gentleman Madam Chair, I reserve the balance shall publish in the Federal Register a final of my time. rule establishing, for each priority industry from New Hampshire (Mr. PAPPAS) and category, effluent limitations and a Member opposed each will control 5 Mr. SHIMKUS. Madam Chair, I rise pretreatment standards for the introduction minutes. in opposition to the amendment. or discharge of each covered perfluoroalkyl The Chair recognizes the gentleman The Acting CHAIR. The gentleman substance. from New Hampshire. from Illinois is recognized for 5 min- (c) NOTIFICATION.—The Administrator shall Mr. PAPPAS. Madam Chair, I yield utes. notify the Committee on Transportation and myself such time as I may consume. Mr. SHIMKUS. Madam Chair, I re- Infrastructure of the House of Representa- serve the balance of my time. tives and the Committee on Environment Madam Chair, for decades, Americans and Public Works of the Senate of each pub- have been exposed to toxic PFAS Mr. PAPPAS. Madam Chair, I urge lication made under this section. chemicals and there are not sufficient all of my colleagues to vote in favor of (d) IMPLEMENTATION ASSISTANCE FOR PUB- protections in place to safeguard our this amendment. And I want to thank LICLY OWNED TREATMENT WORKS.— communities, our drinking water, and all of those who have stepped forward (1) IN GENERAL.—The Administrator shall our environment. Americans are get- to address this issue, including the bi- award grants, in amounts not to exceed ting sick from these forever chemicals partisan Congressional PFAS Task $100,000, to owners and operators of publicly Force as well as the coleads of this par- owned treatment works, to be used for the that are known to cause cancer, im- implementation of a pretreatment standard mune disorders, and thyroid problems, ticular amendment, Representatives developed by the Administrator for a among other serious health conditions. ROUDA, DELGADO, FITZPATRICK, perfluoroalkyl or polyfluoroalkyl substance. I represent so many tireless advo- KUSTER, CISNEROS, and KILDEE. (2) AUTHORIZATION OF APPROPRIATIONS.— cates and concerned citizens in New I really appreciate the discussion There is authorized to be appropriated to the Hampshire who have identified this here today. It is about time that we go Administrator to carry out this subsection threat in their own communities and beyond action plans and actually im- $100,000,000 for each of fiscal years 2021 raised our collective consciousness plement some policies that are going through 2025, to remain available until ex- to affect people’s lives in a positive pended. about the dangers of PFAS. (e) DEFINITIONS.—In this section: I have heard about PFAS from too manner back home. I urge adoption of (1) ADMINISTRATOR.—The term ‘‘Adminis- many servicemembers and their fami- this amendment and the underlying trator’’ means the Administrator of the En- lies who were exposed to high con- bill. vironmental Protection Agency. centrations in drinking water on a I yield back the balance of my time. (2) COVERED PERFLUOROALKYL SUBSTANCE.— base. Mr. SHIMKUS. Madam Chair, I yield The term ‘‘covered perfluoroalkyl sub- I have heard about it from residents myself such time as I may consume. stance’’ means perfluorooctanoic acid, who have had their private wells con- Madam Chair, I understand this re- perfluorooctane sulfonic acid, or a salt asso- flects an effort to improve this pro- ciated with perfluorooctanoic acid or taminated by a manufacturing plant. perfluorooctane sulfonic acid. I have heard about it from families posal from when we considered it under (3) EFFLUENT LIMITATION.—The term ‘‘efflu- who live near a landfill where PFAS- the National Defense Authorization ent limitation’’ means an effluent limitation laden waste was dumped, an area that Act, but I don’t know what has under section 301(b) of the Federal Water also has some of the Nation’s highest changed or what it means since there Pollution Control Act (33 U.S.C. 1311). cancer rates. has been no hearing or a markup (4) INTRODUCTION.—The term ‘‘introduc- We must recognize that we are only record for me to consult to better ap- tion’’ means the introduction of pollutants having this conversation today because preciate this proposal or its impacts. into treatment works, as described in section There are 7,866 per- and 307(b) of the Federal Water Pollution Control of advocates like them across the coun- Act (33 U.S.C. 1317). try who have sounded the alarm. It is polyfluorinated compounds listed on (5) MEASURABLE.—The term ‘‘measurable’’ about time we implement policies that EPA’s PFAS master list, an unin- means, with respect to a chemical substance address the widespread contamination formed policy could carry massive un- or class or category of chemical substances, that exists in every one of our dis- intended consequences on the liability capable of being measured using— tricts. and regulatory forms. (A) test procedures established under sec- We would be negligent if we fail to do As I read it, this amendment con- tion 304(h) of the Federal Water Pollution so. tinues an antiscience mindset that Control Act (33 U.S.C. 1314); I am offering an important, bipar- seeks to regulate first, without ade- (B) applicable protocols and methodologies required pursuant to section 4(a) of the Toxic tisan amendment to this legislation quate knowledge or understanding of Substances Control Act (15 U.S.C. 2603); or that is based on a bill that I have filed, the per- and polyfluorinated compound (C) any other analytical method developed the Clean Water Standards for PFAS situation and then say, okay, we will by the Administrator for detecting pollut- Act. If we want to truly protect the figure it out later. ants, as such term is defined in section 502 of public from PFAS, we must stop pollu- This amendment covers PFAS sub- the Federal Water Pollution Control Act (33 tion which continues today. We must stances that may not necessarily be U.S.C. 1362). prevent industry and other polluters what chemicals the industry is cur- (6) PRETREATMENT STANDARD.—The term from dumping PFAS into rivers, rently using, and simultaneously man- ‘‘pretreatment standard’’ means a dates creating new standards for every pretreatment standard under section 307(b) streams, and other bodies of water, and of the Federal Water Pollution Control Act further contaminating the environ- measurable PFAS chemical substance. (33 U.S.C. 1317). ment. This means EPA will be forced to di- (7) PRIORITY INDUSTRY CATEGORY.—The This amendment calls on the EPA to vert resources to chase those PFAS term ‘‘priority industry category’’ means the set and enforce proactive limits for that are no longer in use and may not following point source categories: PFAS discharge. It also requires EPA be necessary. (A) Organic chemicals, plastics, and syn- to issue pretreatment standards for The amendment requires EPA to reg- thetic fibers, as identified in part 414 of title polluters who discharge PFAS directly ulate PFAS compounds through the 40, Code of Federal Regulations. to water treatment facilities. This Clean Water Act without validated an- (B) Pulp, paper, and paperboard, as identi- fied in part 430 of title 40, Code of Federal amendment also creates a grant pro- alytical methods for detention in Regulations. gram to provide assistance to treat- wastewater; without established (C) Textile mills, as identified in part 410 ment facilities, ensuring that munici- science or human and environmental of title 40, Code of Federal Regulations. palities have the resources to meet impacts to determine appropriate and

VerDate Sep 11 2014 03:42 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00072 Fmt 4634 Sfmt 0634 E:\CR\FM\A09JA7.054 H09JAPT1 SSpencer on DSKBBXCHB2PROD with HOUSE January 9, 2020 CONGRESSIONAL RECORD — HOUSE H139 legally, scientifically defensible stand- bond in nature, so PFAS contamina- ducing this legislation and all of the ards; and without an understanding of tion is continuing to be found all staff that has worked on this. how best to treat and remove pollut- across the country: in the water, air, I urge adoption of this amendment as ants from wastewater, even if there and soil. It has been extraordinarily part of fairness to all Americans who was a validated method for detection. widespread. face this issue, and I yield back the The deadline in this amendment will EPA has acknowledged that millions balance of my time. likely make EPA’s work to implement of people in this country receive drink- Mr. SHIMKUS. Madam Chair, I yield it vulnerable to a legal challenge, de- ing water with PFAS over the health myself such time as I may consume. laying any real benefit that the pro- advisory limit, and the United States Madam Chair, we all support the ter- ponents want from it, and enriching territories have been no exception to ritories having funding to address their the trial bar in the process. this. drinking water needs. The biggest con- Madam Chair, I urge my colleagues It has been a serious issue for com- cern is, the territories really operate to vote ‘‘no’’ on this amendment, and I munities that have been impacted, and from a different system because they yield back the balance of my time. more and more communities will be don’t have the loan program. They The Acting CHAIR. The question is known to be impacted. A lot of those don’t really have the money to pay on the amendment offered by the gen- who have detected it are taking ac- back the loan program. So there is a tleman from New Hampshire (Mr. tions, which are expensive, to remove system by which grant funding is PAPPAS). it from the drinking water. awarded to the territories to make up The question was taken; and the Act- That is why this bill, as reported out this need. ing Chair announced that the ayes ap- of the Energy and Commerce Com- So the concern is that the amend- peared to have it. mittee and under the recent NDAA, ment may disenfranchise the States Mr. PAPPAS. Madam Chair, I de- provides new grant funding to assist from taking from the revolving fund mand a recorded vote. water utilities struggling with this program, when the territories, histori- The Acting CHAIR. Pursuant to issue, contamination in the drinking cally, because they don’t use that, they clause 6 of rule XVIII, further pro- water and others. get more grant money. So that is why ceedings on the amendment offered by However, as currently written, this we oppose it. We think it is going to the gentleman from New Hampshire grant funding has only been made impact the States’ ability to apply for will be postponed. available to States through the Drink- these funds, and we think that the ter- AMENDMENT NO. 14 OFFERED BY MS. PLASKETT ing Water Act’s State Revolving Fund ritories have a different method of The Acting CHAIR. It is now in order program, which does include the Dis- grant funding to meet their qualities to consider amendment No. 14 printed trict of Columbia and Puerto Rico, as and needs. in part B of House Report 116–366. States, but not other U.S. territories, I request a ‘‘no’’ vote, and I yield Ms. PLASKETT. Madam Chair, I which are generally provided with a back the balance of my time. have an amendment at the desk. separate reservation of overall pro- The Acting CHAIR. The question is The Acting CHAIR. The Clerk will gram funding annually. on the amendment offered by the gen- designate the amendment. My amendment simply corrects this tlewoman from the Virgin Islands (Ms. The text of the amendment is as fol- new program to permit the EPA to pro- PLASKETT). lows: vide such grants to these American ter- The amendment was agreed to. At the end of the committee print, add the ritories, including my district in the AMENDMENT NO. 15 OFFERED BY MR. BRINDISI following new section: U.S. Virgin Islands, to assist their The Acting CHAIR. It is now in order SEC. 19. ASSISTANCE TO TERRITORIES FOR AD- water utilities with PFAS treatment if to consider amendment No. 15 printed DRESSING EMERGING CONTAMI- it is found. in part B of House Report 116–366. NANTS, WITH A FOCUS ON These territories have some of the PERFLUOROALKYL AND Mr. BRINDISI. Madam Chair, I have POLYFLUOROALKYL SUBSTANCES. most severe needs for Federal assist- an amendment at the desk. Section 1452(t) of the Safe Drinking Water ance in the area of clean water and The Acting CHAIR. The Clerk will Act (42 U.S.C. 300j–12) is amended— drinking water-related infrastructure, designate the amendment. (1) by redesignating paragraph (2) as para- and these needs have historically tend- The text of the amendment is as fol- graph (3); and ed to be woefully underfunded. lows: (2) by inserting after paragraph (1) the fol- They often have received less on a Amend section 15(a) to read as follows: lowing new paragraph: per capita basis than a number of simi- (a) LISTING.— ‘‘(2) ASSISTANCE TO TERRITORIES.—Of the larly situated States. If Congress is to (1) INITIAL LISTING.—Not later than 180 amounts made available under this sub- days after the date of enactment of this Act, section, the Administrator may use funds to assist American communities with the the Administrator of the Environmental provide grants to the Virgin Islands, the removal of toxic PFAS from drinking Protection Agency shall issue a final rule Commonwealth of the Northern Mariana Is- water, it is only fair to include all adding perfluorooctanoic acid and its salts, lands, American Samoa, and Guam for the American territories as eligible to re- and perfluoroactanesulfonic acid and its purpose of addressing emerging contami- ceive this assistance. salts, to the list of hazardous air pollutants nants, with a focus on perfluoroalkyl and I urge approval of my amendment as under section 112(b) of the Clean Air Act (42 polyfluoroalkyl substances.’’. simply a matter of fairness. I would U.S.C. 7412(b)). The Acting CHAIR. Pursuant to also take this opportunity to gently re- (2) ADDITIONAL LISTINGS.—Not later than 5 House Resolution 779, the gentlewoman mind my colleagues to please consider years after the date of enactment of this from the Virgin Islands (Ms. PLASKETT) Americans in territories in developing Act, the Administrator of the Environmental and a Member opposed each will con- legislation intended to assist all Amer- Protection Agency shall determine whether trol 5 minutes. icans. to issue, in accordance with section 112 of The Chair recognizes the gentle- I reserve the balance of my time. the Clean Air Act (42 U.S.C. 7412), any final woman from the Virgin Islands. rules adding perfluoroalkyl and Mr. SHIMKUS. Madam Chair, I rise polyfluoroalkyl substances, other than those Ms. PLASKETT. Madam Chair, I rise in opposition to the amendment. perfluoroalkyl and polyfluoroalkyl sub- in support of this amendment. The Acting CHAIR. The gentleman stances listed pursuant to paragraph (1), to This amendment is simply a correc- from Illinois is recognized for 5 min- the list of hazardous air pollutants under tion. It would make the United States utes. section 112(b) of such Act. territories eligible for additional Safe Mr. SHIMKUS. Madam Chair, I re- In section 15(b), strike ‘‘the final rule’’ and Drinking Water Act funding authorized serve the balance of my time. insert ‘‘any final rule’’. to address emerging contaminants like Ms. PLASKETT. Madam Chair, in The Acting CHAIR. Pursuant to PFAS. closing, I would like to just acknowl- House Resolution 779, the gentleman Today, we are discussing PFAS, toxic edge to the Chair the support of the from New York (Mr. BRINDISI) and a chemicals that have posed adverse pub- Energy and Commerce Committee, par- Member opposed each will control 5 lic health risks and have persisted be- ticularly my good friend, Mr. TONKO minutes. cause they could not break down. Their from New York, as well as Congress- The Chair recognizes the gentleman carbon fluoride bond is the strongest woman DEBBIE DINGELL, for intro- from New York.

VerDate Sep 11 2014 03:42 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00073 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JA7.130 H09JAPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H140 CONGRESSIONAL RECORD — HOUSE January 9, 2020 Mr. BRINDISI. Madam Chair, I yield asking for a final rule within 100 days, sites that haven’t been remediated. myself such time as I may consume. especially if it is not proposed, which is Now, we are just going to expand that. Madam Chair, I want to thank my going to set up a deadline suit. Pull up the map of the country and all colleagues from across the aisle, Mr. I have dealt with deadline suits. You those red States, either that is going to REED from New York and Mr. GALLA- got a deadline, and they can’t meet it, be where all the Superfund sites are or GHER from Wisconsin, for their support then the agency gets sued. that is where all the class action law- of this amendment. Why do we pay utilities to hold nu- suits are going to be filed in those Support for clean air and protecting clear waste? Because they have enacted States to take down those companies public health are not Democratic or a deadline suit because we say we are that are providing either safe medical Republican values. They are American going to take their waste, the Federal devices or equipment for our career and values, and I am glad to work with my Government. We didn’t take their best airplanes and technologies. colleagues on this commonsense waste, and now we have to pay the util- Again, I want to applaud my col- amendment. ities to hold the waste that we were league. I think this is something we My amendment is straightforward. supposed to take. could have done. We actually were First, it requires immediate action on That is one issue that I have a con- talking about this in a compromise the most dangerous types of PFAS, in- cern. provision. We couldn’t get there be- cluding PFOA, which has been found at Mr. Chairman, 7,866 compounds, cause of other issues. It is a valiant at- elevated levels in drinking water in Clean Air Act aspects, and you are tempt. My friend is in the majority, many communities, including Hoosick going to have, as I used numerous and it is going to pass. Unfortunately, Falls in upstate New York. times during the National Defense Au- the Senate is not going to take up this For these obsolete chemistries, EPA thorization Act debate, as I have used bill, and the President already has a would be required to swiftly list these on the rule debate, these 7,866 different veto message on the bill. So it will be and hazardous air pollutants under the aspects of PFAS we are coming to the teed up for the next Congress, and I Clean Air Act. While we take action on floor not using science, not using due wish the gentleman luck. the chemicals of greatest concern, we diligence, but using political science to Mr. Chairman, I yield back the bal- will also give the EPA time for a say ban it. ance of my time. thoughtful, science-based process that Our argument has always been to The Acting CHAIR (Mr. GOLDEN). The acknowledges the differences across let’s do the science. The problem is, question is on the amendment offered PFAS chemicals. science takes a long time, and the po- by the gentleman from New York (Mr. Our amendment will give the EPA 5 litical emotion of this debate just can’t BRINDISI). years to establish risk-based standards wait. The amendment was agreed to. that protect human health and the en- We have addressed a lot of these con- AMENDMENT NO. 16 OFFERED BY MR. BRINDISI vironment for the many other types of cerns everybody raised throughout the The Acting CHAIR. It is now in order PFAS chemicals. night through the enacted National De- to consider amendment No. 16 printed This will bring the Clean Air Act pro- fense Authorization Act and by the om- in part B of House Report 116–366. visions into line with the CERCLA pro- nibus bill. But if you look at the F–16 Mr. BRINDISI. Mr. Chair, I rise to visions in this bill. We need to be and the component parts, and we could offer an amendment as the designee of thoughtful in this process. Protecting have an automobile in the new electric the gentleman from New Jersey (Mr. public health will make sure that our vehicle era, new battery technology, KIM). decisions are informed by the best medical devices, they are all going to The Acting CHAIR. The Clerk will science available. have some type of per- or designate the amendment. This amendment is a commonsense polyfluorinated compounds. The text of the amendment is as fol- compromise that strikes that balance. This amendment with the bill really lows: I, again, thank Congresswoman DIN- is a de facto ban on the use of all per- Page 36, line 12, insert ‘‘, after providing an GELL and Chairman PALLONE, as well as and polyfluorinated compounds, or it is opportunity for public comment,’’ after ‘‘the Administrator’’. Chairman TONKO for their work on this going to scare the producers of this, important legislation, and their will- that they don’t want to get caught in a The Acting CHAIR. Pursuant to ingness to work with me on our amend- litigation trap, so they are just not House Resolution 779, the gentleman ment. going to produce it. from New York (Mr. BRINDISI) and a I thank Congresswoman STEVENS for We have talked about firefighting Member opposed each will control 5 her work raising the issue of air con- foam quite a bit tonight. It is really a minutes. tamination when it comes to PFAS great debate because we do think there The Chair recognizes the gentleman chemicals. is some bipartisan nature that we can from New York. I urge adoption of my amendment, get to on that chemical. Mr. BRINDISI. Mr. Chairman, I yield and I reserve the balance of my time. If you are in a nuclear sub under- myself such time as I may consume. neath the Arctic icecap and a fire hap- Mr. Chairman, I thank my colleague, b 2100 pens on the sub, do you want the sec- Congressman KIM, for writing this Mr. SHIMKUS. Mr. Chairman, I ond-best firefighting foam? I mean, amendment, and I rise on his behalf to claim the time in opposition to the really, do you? The second-best means offer it tonight. amendment. it takes more time, and it takes more This amendment is straightforward. The Acting CHAIR. The gentleman water. I don’t think you do. But this is It ensures that the list of technologies from Illinois is recognized for 5 min- where we stand. that are most effective in removing utes. The amendment creates both an un- PFAS from drinking water are made Mr. SHIMKUS. Mr. Chairman, I re- realistic burden and a litigation prob- public and available for public com- serve the balance of my time. lem, and the EPA cannot possibly ful- ment prior to final publication. This Mr. BRINDISI. Mr. Chairman, I again fill our requirement to review all PFAS will allow healthy debate and discus- urge adoption of my amendment, and I for inclusion in the clean air policy in sion by scientific experts, universities, yield back the balance of my time. 5 years. We only have 29 methods of de- industry, and the public to help under- Mr. SHIMKUS. Mr. Chairman, I yield termining per- and polyfluorinated stand the most effective means of myself such time as I may consume. compounds right now, just 29. There cleanup. By allowing the public to see Mr. Chairman, I think this is a good are 7,866, and the amendment says to this information, we can help ensure attempt to try to bring some sense to do it in 5 years. the EPA is putting our best ideas and this bill, and I appreciate my col- I wish it could be done. I have been methods toward cleaning up these league’s attempt. here a long time. Government moves chemicals and making our drinking What the amendment does is it really slowly. When we throw all these sites water safe. creates unachievable expectations. into the Superfund, people are going to Mr. Chairman, I urge adoption of this There are a lot of problems with the be hollering about it for 40 years. I read commonsense amendment, and I re- amendment, but one is that you are the list earlier of all these Superfund serve the balance of my time.

VerDate Sep 11 2014 03:42 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00074 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JA7.134 H09JAPT1 SSpencer on DSKBBXCHB2PROD with HOUSE January 9, 2020 CONGRESSIONAL RECORD — HOUSE H141 Mr. SHIMKUS. Mr. Chairman, I rise The Chair recognizes the gentleman Mr. GOLDEN. Mr. Chairman, I yield in opposition to the amendment, but I from Maine. back the balance of my time. do not plan to object to it. Mr. GOLDEN. Madam Chair, I rise Mr. SHIMKUS. Mr. Chairman, I yield The Acting CHAIR. Without objec- today to offer an amendment to H.R. myself such time as I may consume. tion, the gentleman from Illinois is 535, the PFAS Action Act of 2019. Mr. Chairman, I understand the gen- recognized for 5 minutes. First, I thank Chairman PALLONE, tleman from Maine’s problem with the There was no objection. Congresswoman DINGELL, and the En- airports. Fortunately, we have exempt- Mr. SHIMKUS. Mr. Chairman, I re- ergy and Commerce Committee for ed airports from Superfund liability, serve the balance of my time. bringing this bill to the floor today. We and there is not going to be an ability Mr. BRINDISI. Mr. Chairman, I urge all know that PFAS contamination is a for the gentleman’s sites to get cleaned adoption of this amendment, and I national issue that has devastated up. yield back the balance of my time. communities across the country. Other than that, based upon this Mr. SHIMKUS. Mr. Chairman, I yield As of October 2019, the Maine Depart- amendment, we think the basic amend- myself such time as I may consume. ment of Environmental Protection has ment is unnecessary. There is no objec- Mr. Chairman, there is no objection more than 30,000 records for PFAS at tion to having EPA report annually on to having EPA obtaining technical 244 locations across the State of Maine. firefighter foam guidance. This amend- input on technologies that are effective In my district, areas surrounding the ment, though, does not have an end to in removing PFAS from drinking former Loring Air Force Base, Houlton annual reporting, and firefighting foam water. I am concerned how formal a International Airport, Bangor Inter- with fluorine is supposed to be phased process the amendment seeks to im- national Airport, the Navy VLF Radio out in 3 years under the military specs. pose. I was going to ask questions of Station in Cutler, and the Bog Brook Maybe moving forward, there could be Mr. KIM or Mr. PALLONE. They are not military training site in Gilead are a deadline. here, and that is fine. known to be contaminated with PFAS In addition, the amendment asks for The amendment only calls for public compounds. recommendations to Congress to re- comment, but a full-blown notice and Groundwater, surface water, soil, and duce exposure to PFAS and firefighting opportunity for public comment is an sediment samples collected from these foam. This assumes that any remaining sites identified the presence of these enormously expensive and time-con- foam is hazardous, and meaningful safe chemicals, posing a major risk to pub- suming process for any agency, includ- is not examined, only exposure, a very lic health and safety. nonscientific way to address the prob- ing the EPA. If the focus of the bill is We also know that emergency re- lem. to meet the timelines it imposes and sponse teams are frequently exposed to Plus, I would prefer that there be not hold up grantmaking for a public PFAS in firefighting foams as they some discussion, considering who is comment process to play out, I think work to keep communities safe. Given writing the report. The foam effect in this amendment needs to be rethought my State still relies on not only career this is discussed. Let’s not add incom- a bit to get at the author’s intent with- firefighters but a tremendous amount out tripping up EPA from executing of volunteer firefighters, the threat of plete reporting. An underlying bill the program. PFAS contamination and the resulting places enough unnecessary burdens on I will not oppose this amendment be- health risks is something I take seri- the public. Mr. Chairman, I ask my colleagues to cause I know there are larger problems ously. with this bill that will prevent it from That is why I am pleased to see that vote ‘‘no’’ on the amendment, and I becoming law, but I want to highlight the bill we are debating today includes yield back the balance of my time. that this is an acceptable amendment, a provision that would require the EPA The Acting CHAIR. The question is and I yield back the balance of my Administrator, with the U.S. Fire Ad- on the amendment offered by the gen- time. ministration, to issue guidance on tleman from Maine (Mr. GOLDEN). The Acting CHAIR (Mrs. AXNE). The minimizing the use of firefighting foam The amendment was agreed to. question is on the amendment offered and related equipment containing any b 2115 by the gentleman from New York (Mr. PFAS by firefighters and other first re- AMENDMENT NO. 18 OFFERED BY MRS. AXNE BRINDISI). sponders. The amendment was agreed to. The Acting CHAIR. It is now in order However, I think it is important for to consider amendment No. 18 printed AMENDMENT NO. 17 OFFERED BY MR. GOLDEN Congress and the public to know just in part B of House Report 116–366. The Acting CHAIR. It is now in order how effective this provision will be on Mrs. AXNE. Mr. Chair, I have an to consider amendment No. 17 printed the long-term health of our first re- amendment at the desk. in part B of House Report 116–366. sponders. That is why I am offering an The Acting CHAIR. The Clerk will Mr. GOLDEN. Madam Chair, I have amendment that would require the designate the amendment. an amendment at the desk. EPA Administrator, in consultation The text of the amendment is as fol- The Acting CHAIR. The Clerk will with the U.S. Fire Administration, to lows: designate the amendment. brief Congress on the effectiveness of Page 37, line 4, strike ‘‘2021’’ and insert The text of the amendment is as fol- the guidance they are providing, to in- ‘‘2024’’. lows: clude recommendations for congres- The Acting CHAIR. Pursuant to Page 47, after line 15, insert the following sional actions that the Administrator House Resolution 779, the gentlewoman new subsection (and redesignate the subse- determines appropriate to assist efforts from Iowa (Mrs. AXNE) and a Member quent subsection accordingly): to reduce exposure to PFAS by fire- opposed each will control 5 minutes. (b) ANNUAL REPORT.—Not later than two fighters and other first responders. years after the date of the enactment of this The Chair recognizes the gentle- This is a commonsense amendment woman from Iowa. Act, and annually thereafter, the Adminis- to ensure that the Federal Government trator, in consultation with the head of the MODIFICATION TO AMENDMENT NO. 18 OFFERED follows through on its commitment to U.S. Fire Administration, shall submit to BY MRS. AXNE protect the men and women who enter Congress a report on the effectiveness of the Mrs. AXNE. Mr. Chair, I ask unani- into harm’s way to keep our commu- guidance issued under subsection (a). Such mous consent that the amendment be report shall include recommendations for nities safe. modified in the form I have placed at congressional actions that the Adminis- Mr. Chairman, I urge my colleagues trator determines appropriate to assist ef- to support this amendment, and I re- the desk. The Acting CHAIR. The Clerk will re- forts to reduce exposure to PFAS by fire- serve the balance of my time. fighters and the other persons described in Mr. SHIMKUS. Mr. Chairman, I rise port the modification. subsection (a). in opposition to the amendment. The Clerk read as follows: The Acting CHAIR. Pursuant to The Acting CHAIR (Mr. BRINDISI). MODIFICATION TO AMENDMENT TO RULES House Resolution 779, the gentleman The gentleman from Illinois is recog- COMMITTEE PRINT 116–45 from Maine (Mr. GOLDEN) and a Mem- nized for 5 minutes. OFFERED BY MRS. AXNE OF IOWA ber opposed each will control 5 min- Mr. SHIMKUS. Mr. Chairman, I re- The amendment is modified to read as fol- utes. serve the balance of my time. lows:

VerDate Sep 11 2014 03:42 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00075 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JA7.137 H09JAPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H142 CONGRESSIONAL RECORD — HOUSE January 9, 2020 Page 37, beginning on line 1, amend sub- need to protect our water systems Mr. Chair, under this legislation, section (e) to read as follows: without burdening the communities EPA is supposed to issue a national ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— they serve with an unaffordable ex- primary drinking water standard for ‘‘(1) IN GENERAL.—There is authorized to be pense. PFAS, but PFOA and PFOS at a min- appropriated to carry out this section not However, as the bill is written now, more than— imum. Once this is done, communities ‘‘(A) $125,000,000 for each of fiscal years 2020 the PFAS Infrastructure Grant Pro- that are disadvantaged—and I am from and 2021; and gram would only be authorized for 2 rural Illinois, 33 counties—one, assist- ‘‘(B) $100,000,000 for each of fiscal years 2022 years. Our communities need more ance for installing technology are eli- through 2024. flexibility and time when deciding the gible for the drinking water State-re- ‘‘(2) SPECIAL RULE.—Of the amounts au- best way to upgrade their water infra- volving loan programs. thorized to be appropriated by paragraph (1), structure and to combat PFAS. This amendment creates a double- $25,000,000 are authorized to be appropriated My amendment would extend the dipping opportunity for communities for each of fiscal years 2020 and 2021 for PFAS Infrastructure Grant Program when the main focus of the Safe Drink- grants under subsection (a) to pay for capital for an additional 3 years, allowing ing Water Act State revolving fund is costs associated with the implementation of to help struggling systems meet the eligible treatment technologies during the water utilities time to properly address period beginning on October 1, 2014, and end- their needs, test their water, and re- mandate it imposes to protect public ing on the date of enactment of this section. quest funding, as necessary. health. Mrs. AXNE (during the reading). Mr. Additionally, my amendment would More practically, because of budget Chair, I ask unanimous consent to dis- increase the funding available by $300 allocations that the House appropri- pense with the reading. million over that 3-year period. By ators are supposed to operate under, in- The Acting CHAIR. Is there objection more than doubling the current au- creased capitalization grants will suf- to the request of the gentlewoman thorized amount, my amendment fer. Money, to the tune of $75 million, from Iowa? would ensure there are enough funds will be diverted to this particular There was no objection. available so utilities can afford these PFAS grant program at the expense of The Acting CHAIR. Is there objection necessary upgrades without negatively the State revolving fund. Communities, especially rural com- to the original request of the gentle- impacting the critical work that they do. munities, not only with PFAS but woman from Iowa? other compliance and health problems There was no objection. My State of Iowa also has many rural drinking water systems that don’t have as well, could and will likely be a loser, The Acting CHAIR. The amendment so that is why I rise in opposition to is modified. the scale to afford massive infrastruc- ture costs. We see, time and time the amendment. The gentlewoman from Iowa is recog- Mr. Chair, I encourage my colleagues nized for 5 minutes. again, that smaller water systems are unable to remove hazardous and dan- to vote ‘‘no,’’ and I yield back the bal- Mrs. AXNE. Mr. Chairman, I yield ance of my time. myself such time as I may consume. gerous materials simply because of cost barriers. I am pleased that the un- The Acting CHAIR. The question is Mr. Chairman, I have heard from on the amendment, as modified, offered derlying bill prioritizes small drinking many parents in my district worried by the gentlewoman from Iowa (Mrs. water systems, and my amendment en- about PFAS contamination in their AXNE). drinking water. PFAS are manmade sures the program has enough funding The amendment, as modified, was chemicals that can pose serious health so no community is left behind. agreed to. risks and are of great concern to my This legislation is an important step Mr. TONKO. Mr. Chair, I move that constituents. to ensure Iowa families have access to the Committee do now rise. In large quantities, PFAS are dan- safe drinking water without these The motion was agreed to. gerous and deadly to human health, harmful PFAS chemicals. My amend- Accordingly, the Committee rose; and these forever chemicals are going ment strengthens the PFAS Infrastruc- and the Speaker pro tempore (Mrs. to take a lot of work and innovation to ture Grant Program, and I urge a ‘‘yes’’ DINGELL) having assumed the chair, clean up. These chemicals have been vote. Mr. BRINDISI, Acting Chair of the Com- Mr. Chairman, I reserve the balance linked to cancer, effects on the im- mittee of the Whole House on the state of my time. mune system, and impaired child de- of the Union, reported that that Com- Mr. SHIMKUS. Mr. Chairman, I rise velopment. mittee, having had under consideration in opposition to the amendment. the bill (H.R. 535) to require the Ad- While PFAS chemicals have not been The Acting CHAIR. The gentleman found in the water supply in my dis- ministrator of the Environmental Pro- from Illinois is recognized for 5 min- tection Agency to designate per- and trict, there is a known contamination utes. site. Our community has stepped up polyfluoroalkyl substances as haz- Mr. SHIMKUS. Mr. Chair, I reserve ardous substances under the Com- and is working together through a the balance of my time. PFAS Working Group to address this prehensive Environmental Response, Mrs. AXNE. Mr. Chairman, I thank Compensation, and Liability Act of contamination and conduct further the gentleman for his support of the testing, but it is past time that the 1980, had come to no resolution there- amendment. I am glad there is bipar- on. Federal Government steps in, stops the tisan support to ensure that our com- production of these dangerous chemi- munities have the drinking water and f cals, requires cleanup, and provides re- resources they need to protect that. IMPEACHMENT HOLD sources to ensure that our commu- Mr. Chairman, I yield back the bal- (Mr. SPANO asked and was given per- nities aren’t left to fight this alone. ance of my time. mission to address the House for 1 Our public water utilities provide a Mr. SHIMKUS. Mr. Chairman, I minute and to revise and extend his re- critical service to our communities by thank my colleague. I rose in opposi- marks.) ensuring families have safe and clean tion, just so she understands that I will Mr. SPANO. Mr. Speaker, if there drinking water. However, without be speaking in opposition to the was any doubt that last month’s im- proper support, many water utilities amendment. I appreciate the kind peachment vote was purely political, won’t be able to afford the necessary words. there shouldn’t be now. upgrades or would be forced to put the Mr. Chair, I wish she would have been Throughout the partisan impeach- costs back on the backs of their com- here when the Rice amendment was on ment inquiry, we were told that it was munity. the floor, which has been passed and critical to move quickly because the I am glad that this legislation cre- added to the bill, which would now threat of waiting was too great. The ates a grant program to provide fund- allow the rich communities that have Schiff report even said: ‘‘We cannot ing for water utilities to upgrade their already paid for their modifications at wait.’’ drinking water systems in order to ef- great expense to be able to dip back In the interest of speed, any hope of fectively remove PFAS. The PFAS In- into these funds at the expense of rural fairness was discarded. Rules were bro- frastructure Grant Program will en- communities. That was an amendment ken. Democrats couldn’t wait on a mi- sure utilities have the resources they we passed earlier. nority hearing, breaking House rules

VerDate Sep 11 2014 03:42 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00076 Fmt 4634 Sfmt 0634 E:\CR\FM\A09JA7.060 H09JAPT1 SSpencer on DSKBBXCHB2PROD with HOUSE January 9, 2020 CONGRESSIONAL RECORD — HOUSE H143 that afforded us that right. Democrats just made about BRIAN FITZPATRICK, I gines in the helicopters. And they couldn’t wait on the courts to obtain will be missing tomorrow’s votes. If I knew, as my friend, General Boykin additional testimony. But Speaker were here, I would vote ‘‘no.’’ There is has confirmed, they had to get six to PELOSI continues to hold the articles too much good that is being done with the landing area. Otherwise, it was an from the Senate in an attempt to dic- the PFAS, and I would vote ‘‘no.’’ abort. And when it was clear only 5 tate the terms of the trial to Leader But I will be attending the funeral of were going to make it, that the mis- MCCONNELL. a former Member of Congress, a great sion was aborted. The Constitution grants the Senate patriot, a friend, just a wonderful per- The helicopter pilot may have gotten the sole power to try all impeach- son, Michael Fitzpatrick, and it was an vertigo. The helicopter tilted. The ments, not the Speaker. honor to serve with him in this body. blade went through a C–130 that was Democrats voted to impeach the Obviously, we have had a lot of dis- there to equip them for the trip in to President for abuse of power and claim cussion about Iran, Soleimani, his rescue our hostages, and Americans he is a threat to the Constitution, but death, the death of so many that he were killed and left there in the desert look at what you are doing. You are caused, and his role in being head of at the staging area. trying to take the Senate’s constitu- the IRGC, so I thought it would be If there had been an adequate number tional power for your own political helpful if we learned a little more for of helicopters allowed to go in, they gain. those who haven’t. would have had sufficient number of Follow the Constitution you spoke so It helps, I found, profoundly, if people six or more to make it. But the number much about. Transmit the articles to know what they are talking about, and going in was cut back, I was told, by the Senate so that they can undertake it seems there has been a whole lot of the White House. They didn’t want it their constitutional responsibility. talking and not a lot of knowledge to look like an invasion. The SPEAKER pro tempore (Mr. about what is going on with Iran. I am proud we have got a President BRINDISI). Members are reminded to ad- Many of us remember, and I sure re- that is not worried about it. I mean, I dress their remarks to the Chair. member because I was in the Army at have asked him about this before, and f Fort Benning at the time, when our he is more concerned about protecting IN CELEBRATION OF GEORGE Embassy in Tehran was attacked ini- our American treasure, our American STEVENS’ 100TH BIRTHDAY tially, it was said by the Iranian lead- military members; and he wants to ers that the students attacked the Em- commit whatever our military needs to (Mr. LAMALFA asked and was given bassy; and after days of President Car- get the job done. That is a far cry from permission to address the House for 1 ter doing nothing but begging for them where we were in the late 1970s. minute and to revise and extend his re- to let our people go, they realized that In fact, I do recall President Carter, marks.) we were not going to do anything, and he had turned his back on the Shah. It Mr. LAMALFA. Mr. Speaker, tonight, didn’t sound like the Shah was a great I rise to celebrate a dear man in north- so they began to say: We have the hos- person, a great humanitarian at all, ern California from the town of Palo tages. but at least Iran and the area were not Cedro in Shasta County. George Ste- I always thought at the time, paying at war with us at that time. vens celebrated his 100th birthday on close attention to the news back in those days, that by saying the students But when President Carter turned his December 28. back on the Shah, it opened the door Mr. Speaker, I had the pleasure of did this that the Iranian leaders were for him to be overthrown. Apparently, being able to stop by and spend time giving themselves a back door if we people in the Carter White House did with George and his family at the had had a President who had put his not give adequate thought to what hap- event at the Palo Cedro Community foot down and said: Either you get pens when the Shah is gone, because Center, to celebrate with him and rec- them released, or we are going to come what happened was the Ayatollah Kho- ognize, also, his service to our country, get them released ourselves; and if meini. which is pretty amazing. they are harmed, Iran will pay heavily. George is a Pearl Harbor survivor. He I felt that was probably where they And President Carter, as I recall, was there in the Army at the base would say: Hey, we got them from the welcomed the Ayatollah Khomeini there during the Pearl Harbor attack. students. Here they are. back in charge of Iran—he had not been Later, if that wasn’t enough, he ended But that was the first clue after Viet- in charge before—but welcomed him up being deployed to Europe, where he nam that we were still a paper tiger. back to Iran, and proclaimed he was a was at the Normandy invasion later on That is the way we were portrayed man of peace. It could not have been a in 1944. And if that wasn’t enough, a around the world. That is what we in more ignorant welcome to the man few months later in the winter, he the Army heard back in those days: that would start Iran on the course to fought at the Battle of the Bulge. Gee, all you have to do is drag out con- be the greatest source of terrorism in None of us would have the freedom frontation like Vietnam and they will the world. we have if it weren’t for people like turn tail and run. So thank you very much to the Car- George and all of his comrades who That appeared to be consistent with ter administration. Great job. You were there in that war preserving free- us doing nothing about our Embassy, brought in, allowed in people who have dom for us and so many others with which, under international law, is continued to kill Americans at a rate that sacrifice. American soil. It is American property. greater than anybody else. He is a true patriot, a great Amer- It is American housing. It was at- They have helped Afghanistan. That ican, and he is a guy that still drives tacked, and we didn’t do anything was a shock when we found that out. and does his home repairs around his about it for a lengthy time, which sent They have helped Sunnis, they have place there in Palo Cedro. the message to the new leader in Iran, helped Shia. And normally, that Mr. Speaker, we are really proud of the Ayatollah Kohmeini, that we really doesn’t happen, but they are so dedi- George and wish him a happy birthday. were paper tigers. We were toothless. cated to destroying the Great Satan, I am glad I got to spend time with him There was no power, no courage, and it America, in their view, and destroying and his family. encouraged them. the Little Satan, Israel, that we have to take them seriously. Too many f b 2130 Americans have been killed as a result ISSUES OF THE DAY In fact, there was one effort at a res- of ignorance or optimism unjustified. The SPEAKER pro tempore. Under cue but, unfortunately, the military’s But this is a study done from the Je- the Speaker’s announced policy of Jan- hands were tied by people at the top. rusalem Center for Public Affairs, a uary 3, 2019, the gentleman from Texas I was told by a friend in the Army very good study done, and it gives us a (Mr. GOHMERT) is recognized for 34 min- back at the time that the White House lot of information about Iran. It points utes as the designee of the minority was the one that had them cut back out that Iranian military action, often leader. the number of helicopters that would working through proxies, uses terrorist Mr. GOHMERT. Mr. Speaker, con- go into the desert across, around 500 tactics; has led to the death of well sistent with the statement that was miles or so of desert, with turbine en- over 1,000 American soldiers in Iraq and

VerDate Sep 11 2014 03:42 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00077 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JA7.144 H09JAPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H144 CONGRESSIONAL RECORD — HOUSE January 9, 2020 Afghanistan over the last decade and a into a particularly powerful organ of And when they say, well, this Presi- half. Iran’s political system, the upper eche- dent is starting a war. I wonder to my- They point out that the explosively lons of which tend to be drawn from self, my goodness, where have you been formed penetrators—a lot of people are the ranks of the IRGC. They are devel- for the last 40 years? Since 1979, right? familiar with the IEDs, but these are oping an increasing lethal system such The gentleman knows this. LOUIE EFPs, explosively formed penetrators, as advanced naval mines, coastal de- GOHMERT knows this, right? a shaped charge designed to penetrate fense, anti-ship cruise and ballistic We were all present and watched armor—that these are often camou- missiles and attack craft. when Iran punched America in the face flaged as rocks and were identical to The IRGC boasts a paramilitary unit 40 years ago. It hasn’t stopped. those employed by Hezbollah against comprised of 10 to 20,000 individuals So finally, after 40 years of appease- Israeli forces. known as the Quds Force. That was ment—and the gentleman knows this In 2006, the British Telegraph re- what Soleimani commanded and was well, because he is a great student of vealed that three Iranian factories using strategically, killing Americans, history. were mass producing the roadside EFP as many as he could. Appeasement didn’t work in World bombs used to kill soldiers in Iraq. The strategic objective of the IRGC- War II, right? And the results, the re- In 2007, American troops discovered QF is to subvert Iran’s enemies and ex- sults of appeasement, leading up to over 100 Austrian-made Steyr HS .50, port the Iranian Revolution, a goal it World War II, was the untold deaths 50-caliber sniper rifles, in Iraq. They attains largely by facilitating the de- and untimely deaths and miserable suf- can pierce all in-service body armor livery of weapons to pro-Iranian fac- fering deaths of millions of people from up to a mile and penetrate U.S. tions in Lebanon, Iraq, Syria, Persian across Europe because of appeasement. armored Humvee troop carriers. Gulf States, Gaza, the West Bank, Af- Yet, we have tried it with Iran for 40 I fired a 50-caliber sniper rifle at ghanistan, and central Asia. years. Iran is playing long ball. People Quantico. It is amazing how powerful In 2007, the Treasury Department say, well, they were complying with they are. designated IRGC-QF as a terrorism- But, unfortunately, they were found the JCPOA and we let them out of it. supporting entity. Well, of course they were complying. in Iraq, and they had apparently come The report is quite extensive. It goes There was nothing in it that stopped from an Austrian manufacturer, but on to point out many of the efforts, them from doing everything they want- they were bought by Iran, and supplied successful efforts to kill Americans, ed to do, which was get to a nuclear by Iran, apparently, to Iraq to help kill talking about the Khobar Towers in armed program where their ballistic American soldiers. 1996 and many other attacks. Iran also paid Taliban fighters $1,000 But it points out that in 1998, Major missile program caught up to it, right? for each U.S. soldier they killed in Af- General Qasem Soleimani has led the So for 10 years all they had to do is ghanistan. In fact, the Sunni Times re- IRGC-QF, in which time he has created not let us inspect their military sites, ported that a Taliban operative re- branches focused on intelligence, fi- because we didn’t demand or require ceived $18,000 from an Iranian firm in nance, politics, sabotage and special that in the deal. They could keep on Kabul as reward for an attack in 2010 operations. With a direct independent doing whatever they are doing there. that killed several Afghan government channel to Khomeini, Soleimani has Perfect their ballistic missile capabili- troops and destroyed an American ar- successfully sought the assassination ties so they can deliver the payload to mored vehicle. of political rivals, armed terrorist Israel or the United States. Iranian President Rouhani’s so-called proxies, and directed a network of in- Oh, and in 10 years we will have noth- moderation, was displayed when he ap- surgent groups in Iraq that killed over ing to say about it because we ap- pointed Brigadier General Hossein 1,000 Americans. And that is just in proved all of this. And then we have a Dehghan to be minister of defense. He Iraq. But we know more regarding terrorist nation that uses terrorism as had played a key role in the October what they have done in Afghanistan, in statecraft with a nuclear missile. 1983 suicide bomb attacks in Beirut, in Lebanon, in Syria. What is our leverage then? We have which 241 U.S. Marines and 58 French Mr. Speaker, I see I am joined by my none, right? We have got another paratroopers were killed. friend, who has served his country hon- North Korea, is what we have. And of course, Dehghan, apparently orably and well and made his way up to So it befuddles me that—I am sure was replaced previously, in 1998 with a the rank of general. He knows a great our well-meaning colleagues on the guy named Soleimani, who is with us deal about war in Iraq and Afghani- other side think that this is going to perhaps in spirit only now, thanks to stan. work. Einstein, of course, he described our current President and the ability I yield to the gentleman from Penn- the definition of insanity; it is doing of our United States military. sylvania (Mr. PERRY). the same thing over and over and over Anti-Americanism helped fuel the Mr. PERRY. Mr. Speaker, I thank again and expecting a different out- 1979 Islamic revolution in Iran, a vio- the gentleman from Texas for taking come. lent anti-American doctrine that chal- the time to discuss this with the Amer- Appeasement is dangerous. It is pro- lenges any role for America in the Mid- ican people and allowing me to be part vocative. It encourages despots to be dle East, it has been, and remains the of it. I saw the gentleman and I didn’t despots. And so far, for 40 years, that is central focus of Iranian foreign policy. want him to have to carry the freight what we have watched. Since the revolution, Iran has waged alone. And finally, the President gave them and continues to wage war against the There was a lot to be said today, and warning after warning. They said, well, United States and its allies. Unfortu- probably neither he nor I got to say ev- it wasn’t warranted. We didn’t have nately, though, Iran has been at war erything we wanted to say about the enough intelligence. with the United States for 40 years proceedings over the last couple of There was open source reporting. now, since 1979, for sure—well, really, weeks. And it frustrates me that our They told us what they were going to since the Ayatollah took over and colleagues, right here in the House of do. Do you remember the 9/11 attacks, President Carter welcomed him as a the Congress will say, America assas- where there was open source reporting? man of peace. He has not been a man of sinated General Soleimani. And then, after the fact, everybody peace. He has been at war with the You can put a general’s rank on a said, where were the intelligence and United States. puppy dog, or a rabbit, or you name it, law enforcement agencies? Why The report points out the Islamic on a car or a truck. This guy is a ter- weren’t they talking? Revolutionary Guard Corps, IRGC— rorist, no matter what he is wearing. Here, our enemy, who says they are people hear that term quite a bit, but He is a terrorist from a terrorist state, going to kill the Great Satan and the that was founded by Ayatollah Kho- and that is his claim to fame. That is Little Satan—that’s what they say, meini shortly after the overthrow of who he is. Responsible for the deaths of right? the Shah at the onset of the Islamic hundreds, if not thousands of Ameri- Revolution in 1978–79. cans, and certainly responsible for the b 2145 Iran’s RGC has morphed from its ini- deaths and maiming of thousands of They tell us what they are going to tial, mainly ideological, composition Americans. do, yet it is not enough for some of my

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The United States was going and Egypt is paying heavily for President too long to get around to reading Win- killing people, including American citi- Obama’s wrongheadedness in taking ston Churchill’s books on World War II, zens, outside the combat zone, but not out Qadhafi and completely desta- but he points out that when Hitler first a peep. bilizing North Africa. moved into the Sudetenland, they were Yet today, with Iran watching, with Mr. PERRY. I wasn’t in Congress. I so disorganized that it was a disaster, our enemies watching, today is the day didn’t have the honor to be in Congress that if there had been any resistance that we have to revise the War Powers at that time. Maybe you were, or put up at all instead of Chamberlain Act and rein in a wayward President maybe you were more attuned to waving a piece of paper that this means because he is trying to defend the things, but I am just wondering, at peace in our time and we are going to country. that time, without a strategy, without let him go in and move in and take The good Representative from Texas, a plan, firing on a sovereign nation, over this land, that if there had been it has nothing to do with the War Pow- killing their leader. any resistance at all because of all the ers Act. This resolution that is never Mr. GOHMERT. Actually, President material breakdowns, mechanical fail- going to go to the President was all Obama had our forces, NATO forces, ures—Hitler was furious. about campaign messaging. but they were American. They bombed He said any resistance would have It is also messaging our enemies that his convoy as he was leaving Libya. caused the defeat of the Germans mov- we are divided in this country. We are That allowed the locals— ing in, and then the Germans would not divided. We might be divided in Mr. PERRY. It facilitated, yes. have been humiliated. They would this House, but we are not divided in Mr. GOHMERT. Then he was assas- have, in all likelihood, gotten rid of this country. sinated there. Hitler because he got too ambitious Mr. GOHMERT. Mr. Speaker, I have Mr. PERRY. So to make the correc- and exposed them to defeat. He would an article here from January 2017, and tion absolutely clear, the United have been gone, and the world would the title from The Guardian is ‘‘Amer- States did not kill the leader of Libya, have been spared the tens of millions of ica dropped 26,171 bombs in 2016. What but we helped facilitate it, in some re- people who died as a result of trying to a bloody end to Obama’s reign.’’ spects. placate the man. I remember specifically because I had Mr. GOHMERT. In criminal terms, he Just supporting what my friend the been to Libya, but as our Defense Sec- was certainly an accessory. He could Congressman is pointing out, it doesn’t retary Bob Gates said in a live inter- not have been killed without President usually work well, and it hasn’t view, Libya is not in our vital interest. Obama’s help. worked well. I know there are people We didn’t have a real dog in that fight Mr. PERRY. Because if you were who say all we were doing was giving is what I am saying. present, did somebody in this House Iran their money back when we gave In fact, Qadhafi did have blood on his say that this President is reckless, them all that money. Money is fun- hands. He wasn’t a good guy. But since that he is destabilizing the region, that gible. We say maybe that specific the U.S. went into Iraq, he opened his we are assassinating or aiding and money enabled them to continue sup- doors and said: You tell me what weap- abetting the assassination of leaders of porting Hezbollah and terrorists who ons I can keep. I won’t pursue nukes foreign countries? Was any of that oc- would attack and kill Americans. anymore. curring in this House? Mr. PERRY. You are absolutely He had not been a problem for us Mr. GOHMERT. Yes, it was, but only right. There is the moral equivalency. from that time forward, yet President on one side of the aisle, and that was If we would just give the criminal, the Obama, without any authority from this side because we were okay with terrorist, the murderer their money here, decides basically to go to war President Obama defending Americans back, it is legitimate. It is theirs. Just with Libya and with Qadhafi and drop- and American interests. But as Bob disregard the fact that these are kill- ping bombs on them. Why? Because he Gates said, that did not include Libya. ing, murdering terrorists. said NATO needs us to do this. Now, he walked that back some, but it There is no moral equivalence. You Mr. PERRY. Will the gentleman was clear it was not in our vital inter- don’t give murdering terrorists money, yield? ests. whether it is theirs or anybody else’s. Mr. GOHMERT. I yield to the gen- What really got me, though, is I am You throw them in jail. tleman from Pennsylvania. hearing so many people who were here These people should probably legiti- Mr. PERRY. What I have heard on back then. They didn’t offer one peep mately be in The Hague for crimes this House floor today is the President about the illegality of what President against humanity, not getting their is capricious, irresponsible, doesn’t Obama was doing. Many of us did, but money back. Among all the things that have a plan, doesn’t have a strategy. If they didn’t say a word. And that was frustrate me, that is one of them. The the gentleman will please tell the audi- outside our interests. other one, of course, is this whole war ence, under the Obama administration Killing Soleimani, that was pro- powers thing. and under Secretary Clinton, what was tecting American lives. Going after Qa- We have had a year in this Congress, the strategy in Libya? dhafi didn’t protect any American a year of escalation of Iran attacking Mr. GOHMERT. There was no strat- lives, and in fact, it has caused total American targets. In November and egy in Libya other than to take out disruption. December alone, 24 or 25 times, over Qadhafi. Just like President Carter Mr. PERRY. Will the gentleman two dozen times, attacking American turning his back on the Shah and wel- yield? targets, but it was never an issue. coming Ayatollah Khomeini in, when Mr. GOHMERT. I yield to the gen- You know when else it wasn’t an President Obama took out Qadhafi and, tleman from Pennsylvania. issue? The kind gentleman from Texas, yes, he bombed him into oblivion. Mr. PERRY. Did we have an Author- it wasn’t an issue for 8 years when al- We have seen reports that Qadhafi ization for Use of Military Force in most 4,000 people under the Obama ad- was begging, look, we will just go into Libya? ministration, terrorists, rightly were exile, and he sent word to the Presi- Mr. GOHMERT. No. killed by drone strikes. You know what dent, if you will just let me leave in Mr. PERRY. Was Libya an American came from the other side of the aisle peace, I won’t ever come back to Libya. combat theater? regarding the War Powers Act? Noth- Let’s leave the country not destroyed, Mr. GOHMERT. No. ing. stop the bombing, and I will just leave, Mr. PERRY. So when our good col- We agree with President Obama on but never heard back from Washington. leagues on the other side of the aisle that. We didn’t agree on many things The problem is that President Obama say that this was illegal and unconsti- as Republicans with President Obama, created a failed state in Libya, and it tutional, meanwhile knowing that the

VerDate Sep 11 2014 03:42 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00079 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JA7.148 H09JAPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H146 CONGRESSIONAL RECORD — HOUSE January 9, 2020 Authorization of Use of Military Force, a visa, a student visa, had him, took EXPENDITURES BY THE OFFICE whether we agree with it or not it is in him back, and taught him to hate OF GENERAL COUNSEL UNDER statute right now, in a combat theater America, but he got an American pass- HOUSE RESOLUTION 6, 116TH where we are authorized to be by that port. He is an American citizen. CONGRESS AUMF, by votes of Congress, signed by He had worked with some in the HOUSE OF REPRESENTATIVES, a President, with an armed combatant Obama administration, apparently COMMITTEE ON HOUSE ADMINISTRATION, who, by the way, as you probably worked with some in the Bush adminis- Washington, DC, January 9, 2020. know, is listed on the terrorist list by tration. But he was really an enemy of Hon. NANCY PELOSI, the United States and others and is not America. Speaker, House of Representatives, supposed to be out of Iran, his home President Obama gave the order not Washington, DC. country. to take out a terrorist like Soleimani, DEAR MADAM SPEAKER: Pursuant to section Mr. GOHMERT. Right. who was in the process of stirring up 302(c) of House Resolution 6 (116th Congress) I hereby submit the attached statement Mr. PERRY. Yet, he was traveling to terrorism and killing Americans, but ‘‘setting forth the aggregate amounts ex- Syria and then through Iraq as a com- this was an American citizen, and he pended by the Office of General Counsel on batant and as a terrorist on the ter- gave the order to take him out with a outside counsel and other experts pursuant rorist list. What is the point of putting drone strike, take out his 16-year-old to this title on a quarterly basis’’ for the terrorists on the list if you are not son. Regardless of what al-Awlaki had quarter beginning on October 1, 2019 and end- going to do anything about the ter- done, his son was not a criminal, but ing on December 31, 2019, for publication in rorist on the list? President Obama just ordered him the Congressional Record. Mr. GOHMERT. Back to Libya mo- taken out and not one word from the Sincerely, mentarily, what President Obama did ZOE LOFGREN, other side of the aisle. Chairperson. cost American lives, including at I would have thought we could have Benghazi. If he doesn’t decide unilater- come together on that: Wait, before we AGGREGATE AMOUNT EXPENDED ON OUTSIDE COUNSEL ally whether NATO wanted it or not, take out American citizens, should we OR OTHER EXPERTS—H. RES. 6 he decided for America without any give them a trial or should we just let consent from Congress to go to war a President decide? January 1–March 31, 2019 ...... $0.00 with Libya to take out their leader. It Now, I was okay with somebody that April 1–June 30, 2019 ...... 0.00 destabilized the country. It put Amer- they had the evidence and that was in July 1–September 30, 2019 ...... 0.00 ican lives at risk that were not at that the process of being at war with us, but October 1–December 31, 2019 ...... 0.00 time, and it actually cost American for heaven’s sake, the people didn’t Total ...... 0.00 lives. raise not one peep about that. I have an article here, and I have Mr. PERRY. Will the gentleman f seen on Facebook some comments, but yield? SENATE BILL REFERRED an ‘‘Iranian American activist out- Mr. GOHMERT. I yield to the gen- raged by ‘propaganda machine’ glori- A bill of the Senate of the following tleman from Pennsylvania. title was taken from the Speaker’s fying Soleimani.’’ Mr. PERRY. Was there a briefing? There are so many Iranians who are table and, under the rule, referred as Was there a consultation from the follows: speaking up now going: What is wrong President to the leaders of Congress or S. 1611. An ACT to ensure appropriate with you people? This guy was a ter- to Congress? Was there adequate infor- rorist. He was killing Iranians. He was prioritization, spectrum planning, and inter- mation substantiating the imminence agency coordination to support the Internet killing Americans. He was just merci- of an attack? Was there any of that, or of Things; to the Committee of Energy and less. was there any human outcry that there Commerce. Mr. PERRY. Will the gentleman was none of that and then a rush to f yield? judgment on the President’s authority Mr. GOHMERT. I yield to the gen- to do that from our good friends on the ENROLLED BILL SIGNED tleman from Pennsylvania. other side of the aisle? Cheryl L. Johnson, Clerk of the Mr. PERRY. I just happened to no- Mr. GOHMERT. Well, the media House, reported and found truly en- tice on CNN about the time of the at- helped them out. This is just an incred- rolled a bill of the House of the fol- tack that they had the spokesperson ible time, and it is a time when free lowing title, which was thereupon for the Iranian Government during the people ought to be able to come to- signed by the Speaker: hostage crisis speaking on CNN. NPR gether and unite together in the cause H.R. 2476. An ACT to amend the Homeland did something very similar. It is not of freedom. Security Act of 2002 to provide funding to se- just Iranian Americans who are un- As Natan Sharansky pointed out, cure nonprofit facilities from terrorist at- happy with the situation, the propa- people didn’t think he and his wife tacks, and for other purposes. ganda not only by elected officials but would be getting back together after he f by our media that is taking up the side was released from prison in Russia be- BILLS PRESENTED TO THE of the enemy that wants to destroy cause she was more religious and he PRESIDENT America. It is disgusting. wasn’t, and he said that is ridiculous. I Cheryl L. Johnson, Clerk of the Mr. GOHMERT. It really is, and it is got along with the guy for 12 years in House, reported that on January 6, just a shame that at a time when we my cell, and the only thing we had in 2020, she presented to the President of ought to come together because, unlike common was a desire for freedom. That the United States, for his approval, the Libya, we do have an interest in pro- ought to bring us together here. following bills: tecting American lives. We do have an Mr. Speaker, I yield back the balance interest in stopping people who want to of my time. H.R. 1424. To amend title 38, United States destroy America. We ought to be Code, to ensure the Secretary of Veterans Affairs permits the display of Fallen Soldier united on this. f This is not a time to come in and try Displays in national cemeteries. to condemn and belittle the President H.R. 2385. To permit the Secretary of Vet- LEAVE OF ABSENCE erans Affairs to establish a grant program to who did a good thing in taking out a conduct cemetery research and produce edu- terrorist. By unanimous consent, leave of ab- cational materials for the Veterans Legacy One other thing, I don’t remember sence was granted to: Program. anybody on the other side of the aisle Mrs. KIRKPATRICK (at the request of f here that made a peep when the Presi- Mr. HOYER) for today on account of dent of the United States, President medical emergency. ADJOURNMENT Obama, gave the order to kill al- Mr. SIMPSON (at the request of Mr. Mr. GOHMERT. Mr. Speaker, I move Awlaki and his 16-year-old son. So al- MCCARTHY) for January 7 through Jan- that the House do now adjourn. Awlaki, he was an American citizen. uary 10 on account of recovery from The motion was agreed to; accord- Why, because his parents came over on knee replacement surgery. ingly (at 10 p.m.), the House adjourned

VerDate Sep 11 2014 03:42 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00080 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JA7.149 H09JAPT1 SSpencer on DSKBBXCHB2PROD with HOUSE January 9, 2020 CONGRESSIONAL RECORD — HOUSE H147 until tomorrow, Friday, January 10, AT53) received December 20, 2019, pursuant the West Fork Wild and Scenic River, in Ala- 2020, at 9 a.m. to 5 U.S.C. 801(a)(1)(A); Public Law 104-121, bama, pursuant to 16 U.S.C. 1274(b); Public Sec. 251; (110 Stat. 868); to the Committee on Law 90-542, Sec. 3(b) (as amended by Public f Energy and Commerce. Law 100-534, Sec. 501); (102 Stat. 2708); to the EXECUTIVE COMMUNICATIONS, 3463. A letter from the Director, Regu- Committee on Natural Resources. ETC. latory Management Division, Environmental 3472. A letter from the Deputy Chief, U.S. Protection Agency, transmitting the Agen- Forest Service, Department of Agriculture, Under clause 2 of rule XIV, executive cy’s final rule — Extension of Start Date for transmitting the final map and perimeter communications were taken from the Revised Photochemical Assessment Moni- boundary description for the Rio Chama Wild Speaker’s table and referred as follows: toring Stations [EPA-HQ-OAR-2019-0137; and Scenic River, in New Mexico, pursuant 3455. A letter from the Assistant Secretary FRL-10003-87-OAR] (RIN: 2060-AU38) received to 16 U.S.C. 1274(b); Public Law 90-542, Sec. of the Navy, Manpower and Reserve Affairs, December 23, 2019, pursuant to 5 U.S.C. 3(b) (as amended by Public Law 100-534, Sec. Department of the Navy, Department of De- 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 501); (102 Stat. 2708); to the Committee on fense, transmitting a notice to Congress of Stat. 868); to the Committee on Energy and Natural Resources. 3473. A letter from the Regulatory Docu- the anticipated use of Selected Reserve units Commerce. mentation Specialist, Bureau of Indian Af- that will be ordered to active duty under the 3464. A letter from the Director, Regu- fairs, Department of the Interior, transmit- authority of Title 10 U.S.C. 12304b, pursuant latory Management Division, Environmental ting the Department’s final rule — List of to 10 U.S.C. 12304b(d); Public Law 112-81, Sec. Protection Agency, transmitting the Agen- Courts of Indian Offenses; Future Publica- 516(a)(1); (125 Stat. 1396); to the Committee cy’s final rule — Partial Approval, Partial tion of Updates [201A2100DD/AAKC001030/ on Armed Services. Disapproval and Promulgation of State A0A501010.999900 253G] (RIN: 1076-AF46) re- 3456. A letter from the Counsel, Legal Divi- Plans for Designated Facilities and Pollut- ceived December 20, 2019, pursuant to 5 sion, Bureau of Consumer Financial Protec- ants; California; Control of Emissions from U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. tion, transmitting the Bureau’s final rule — Existing Municipal Solid Waste Landfills 251; (110 Stat. 868); to the Committee on Nat- Home Mortgage Disclosure (Regulation C) [EPA-R09-OAR-2019-0393; FRL-10000-52-Re- ural Resources. Adjustment to Asset-Size Exemption Thresh- gion 9] received December 23, 2019, pursuant 3474. A letter from the Director, Office of old received December 20, 2019, pursuant to 5 to 5 U.S.C. 801(a)(1)(A); Public Law 104-121, Regulatory Affairs and Collaborative Action, U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. Sec. 251; (110 Stat. 868); to the Committee on Bureau of Indian Affairs, Department of the 251; (110 Stat. 868); to the Committee on Fi- Energy and Commerce. 3465. A letter from the Assistant Secretary, Interior, transmitting the Department’s nancial Services. Bureau of Legislative Affairs, Department of final rule — Tribal Energy Resource Agree- 3457. A letter from the Chief Counsel, State, transmitting a report covering the pe- ments [192D0102DR/DS5A300000/ FEMA, Department of Homeland Security, riod from September 10, 2019, to November 9, DR.5A311.IA000118] (RIN: 1076-AF47) received transmitting the Department’s final rule — 2019 on the Authorization for Use of Military December 20, 2019, pursuant to 5 U.S.C. Suspension of Community Eligibility [Dock- Force Against Iraq Resolution, pursuant to 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 et ID: FEMA-2019-0003; Internal Agency 50 U.S.C. 1541 note; Public Law 107-243, Sec. Stat. 868); to the Committee on Natural Re- Docket No.: FEMA-8607] received January 3, 4(a); (116 Stat. 1501) and 50 U.S.C. app. sources. 2020, pursuant to 5 U.S.C. 801(a)(1)(A); Public 2410c(b)(2); Public Law 102-182, Sec. 305(a); 3475. A letter from the Director, Office of Law 104-121, Sec. 251; (110 Stat. 868); to the (105 Stat. 1248); to the Committee on Foreign Regulatory Affairs and Collaborative Action, Committee on Financial Services. Affairs. Bureau of Indian Affairs, Department of the 3458. A letter from the Chief Counsel, 3466. A letter from the Secretary, Depart- Interior, transmitting the Department’s FEMA, Department of Homeland Security, ment of the Treasury, transmitting a six- final rule — Rights-of-Way on Indian Land; transmitting the Department’s final rule — month periodic report on the national emer- Bond Exemption [190A2100DD/AAKC001030/ Suspension of Community Eligibility [Dock- gency with respect to North Korea that was A0A501010.999900 253G] (RIN: 1076-AF20; 1076- et ID: FEMA-2019-0003; Internal Agency declared in Executive Order 13466 of June 26, AF37) received December 20, 2019, pursuant Docket No.: FEMA-8605] received January 3, 2008, pursuant to 50 U.S.C. 1641(c); Public to 5 U.S.C. 801(a)(1)(A); Public Law 104-121, 2020, pursuant to 5 U.S.C. 801(a)(1)(A); Public Law 94-412, Sec. 401(c); (90 Stat. 1257) and 50 Sec. 251; (110 Stat. 868); to the Committee on Law 104-121, Sec. 251; (110 Stat. 868); to the U.S.C. 1703(c); Public Law 95-223, Sec 204(c); Natural Resources. Committee on Financial Services. (91 Stat. 1627); to the Committee on Foreign 3476. A letter from the Assistant Attorney 3459. A letter from the Program Specialist, Affairs. General, Office of Legislative Affairs, De- Chief Counsel’s Office, Office of the Comp- 3467. A letter from the Secretary, Depart- partment of Justice, transmitting the De- troller of the Currency, Department of the ment of Commerce, transmitting a report partment’s Indian Country Investigations Treasury, transmitting the Department’s certifying that the export of the listed item and Prosecution Report for calendar year Major final rule — Regulatory Capital Treat- to the People’s Republic of China is not det- 2018, pursuant to 25 U.S.C. 2809(b); Public ment for High Volatility Commercial Real rimental to the U.S. space launch industry, Law 101-379, Sec. 10(b) (as added by Public Estate (HVCRE) Exposures [Docket ID: OCC- pursuant to 22 U.S.C. 2778 note; Public Law Law 111-211, Sec. 212); (124 Stat. 2268); to the 2018-0026] (RIN: 1557-AE48) received December 105-261, Sec. 1512 (as amended by Public Law Committee on the Judiciary. 20, 2109, pursuant to 5 U.S.C. 801(a)(1)(A); 105-277, Sec. 146); (112 Stat. 2174); to the Com- 3477. A letter from the Management and Public Law 104-121, Sec. 251; (110 Stat. 868); to mittee on Foreign Affairs. Program Analyst, FAA, Department of the Committee on Financial Services. 3468. A letter from the Secretary, Depart- Transportation, transmitting the Depart- 3460. A letter from the Program Specialist, ment of the Treasury, transmitting a six- ment’s final rule — Airworthiness Direc- Chief Counsel’s Office, Office of the Comp- month periodic report on the national emer- tives; Engine Alliance Turbofan Engines troller of the Currency, Department of the gency with respect to the Western Balkans [Docket No.: FAA-2019-0912; Product Identi- Treasury, transmitting the Department’s that was declared in Executive Order 13219 of fier 2019-NE-33-AD; Amendment 39-21011; AD final rule — Appraisals for Higher-Priced June 26, 2001, pursuant to 50 U.S.C. 1641(c); 2019-25-13] (RIN: 2120-AA64) received January Mortgage Loans Exemption Threshold Public Law 94-412, Sec. 401(c); (90 Stat. 1257) 2, 2020, pursuant to 5 U.S.C. 801(a)(1)(A); Pub- [Docket No.: OCC-2019-0022] (RIN: 1557-AE68) and 50 U.S.C. 1703(c); Public Law 95-223, Sec lic Law 104-121, Sec. 251; (110 Stat. 868); to the received December 20, 2019, pursuant to 5 204(c); (91 Stat. 1627); to the Committee on Committee on Transportation and Infra- U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. Foreign Affairs. structure. 251; (110 Stat. 868); to the Committee on Fi- 3469. A letter from the Assistant Secretary, 3478. A letter from the Management and nancial Services. Bureau Legislative Affairs, Department of Program Analyst, FAA, Department of 3461. A letter from the Regulations Coordi- State, transmitting the 2019 Annual Report Transportation, transmitting the Depart- nator, Administration for Children and Fam- on the Benjamin A. Gilman International ment’s final rule — Airworthiness Direc- ilies, Department of Health and Human Serv- Scholarship Program, pursuant to 22 U.S.C. tives; Embraer Airplanes [Docket No.: FAA- ices, transmitting the Department’s final 2462 note; Public Law 106-309, Sec. 304; (114 2019-0519; Product Identifier 2019-NM-089-AD; rule — Head Start Program [Docket No.: Stat. 1095); to the Committee on Foreign Af- Amendment 39-21005; AD 2019-24-16] (RIN: HHS-ACF-2019-0006] (RIN: 0970-AC78) received fairs. 2120-AA64) received January 2, 2020, pursuant December 20, 2019, pursuant to 5 U.S.C. 3470. A letter from the Executive Sec- to 5 U.S.C. 801(a)(1)(A); Public Law 104-121, 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 retary, U.S. Agency for International Devel- Sec. 251; (110 Stat. 868); to the Committee on Stat. 868); to the Committee on Education opment, transmitting two (2) notifications of Transportation and Infrastructure. and Labor. a designation of acting officer, a nomination, 3479. A letter from the Management and 3462. A letter from the Regulations Coordi- or an action on nomination, pursuant to 5 Program Analyst, FAA, Department of nator, Office of Strategic Operations and U.S.C. 3349(a); Public Law 105-277, 151(b); (112 Transportation, transmitting the Depart- Regulatory Affairs, Centers for Medicare and Stat. 2681-614); to the Committee on Over- ment’s final rule — Airworthiness Direc- Medicaid Services, Department of Health sight and Reform. tives; De Havilland Aircraft of Canada Lim- and Human Services, transmitting the De- 3471. A letter from the Deputy Chief, U.S. ited (Type Certificate Previously Held by partment’s Major final rule — Patient Pro- Forest Service, Department of Agriculture, Bombardier, Inc.) Airplanes [Docket No.: tection and Affordable Care Act; Exchange transmitting the final map and perimeter FAA-2019-0675; Product Identifier 2019-NM- Program Integrity [CMS-9922-F] (RIN: 0938- boundary description for the Sipsey Fork of 068-AD; Amendment 39-19815; AD 2019-24-12]

VerDate Sep 11 2014 03:42 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00081 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JA7.152 H09JAPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H148 CONGRESSIONAL RECORD — HOUSE January 9, 2020 (RIN: 2120-AA64) received January 2, 2020, quirements with respect to ownership and di- tance of the Jewish State of Israel; to the pursuant to 5 U.S.C. 801(a)(1)(A); Public Law versity reporting for television broadcast Committee on the Judiciary, and in addition 104-121, Sec. 251; (110 Stat. 868); to the Com- stations and cable operators, and for other to the Committee on Education and Labor, mittee on Transportation and Infrastruc- purposes; to the Committee on Energy and for a period to be subsequently determined ture. Commerce. by the Speaker, in each case for consider- 3480. A letter from the Chief, Publications By Mr. RUSH: ation of such provisions as fall within the ju- and Regulations Branch, Internal Revenue H.R. 5565. A bill to amend the Consumer risdiction of the committee concerned. Service, transmitting the Service’s IRB only Product Safety Act by repealing certain pro- By Mr. CRENSHAW: rule — Interim Guidance on Income Tax visions pertaining to enjoining disclosure, H. Res. 783. A resolution honoring the Withholding from Retirement and Annuity increasing the minimum baseline civil pen- members of the military and intelligence Distributions [Notice 2020-3] received Decem- alties for violations, and for other purposes; community who carried out the mission that ber 30, 2019, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Energy and Commerce. killed Qasem Soleimani, and for other pur- Public Law 104-121, Sec. 251; (110 Stat. 868); to By Mr. DAVIDSON of Ohio (for him- poses; to the Committee on Foreign Affairs, the Committee on Ways and Means. self, Mr. GAETZ, and Mr. YOHO): and in addition to the Committees on Armed 3481. A letter from the Chief, Publications H.R. 5566. A bill to amend the Internal Rev- Services, and Intelligence (Permanent Se- and Regulations Branch, Internal Revenue enue Code of 1986 to allow all individuals to lect), for a period to be subsequently deter- Service, transmitting the Service’s final reg- contribute to health savings accounts, and mined by the Speaker, in each case for con- ulations and removal of temporary regula- for other purposes; to the Committee on sideration of such provisions as fall within tions — Guidance Under Section 355(e) Re- Ways and Means, and in addition to the Com- the jurisdiction of the committee concerned. garding Predecessors, Successors, and Limi- mittee on Energy and Commerce, for a pe- By Mr. BYRNE (for himself, Mr. DUN- tation on Gain Recognition; Guidance under riod to be subsequently determined by the CAN, Mr. BISHOP of North Carolina, Section 355(f) [TD 9888] (RIN: 1545-BN18) re- Speaker, in each case for consideration of Mr. FULCHER, Mr. WEBER of Texas, ceived December 30, 2019, pursuant to 5 such provisions as fall within the jurisdic- Mr. SMITH of Missouri, and Mr. MOON- U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. tion of the committee concerned. EY of West Virginia): 251; (110 Stat. 868); to the Committee on By Mr. LONG (for himself and Mr. H. Res. 784. A resolution condemning and Ways and Means. VEASEY): censuring Nancy D’Alessandro Pelosi, Rep- 3482. A letter from the Chief, Publications H.R. 5567. A bill to amend the Communica- resentative of California’s 12th Congres- and Regulations Branch, Internal Revenue tions Act of 1934 to require the Federal Com- sional District; to the Committee on Ethics. Service, transmitting the Service’s final reg- munications Commission to consider market By Mr. UPTON (for himself and Mrs. ulations and removal of temporary regula- entry barriers for socially disadvantaged in- DINGELL): tions — Dividend Equivalents From Sources dividuals in the communications market- H. Res. 785. A resolution supporting the Within the United States [TD 9887] (RIN: place report under section 13 of such Act; to designation of February 1, 2020, as ‘‘Blue 1545-BN76] received December 30, 2019, pursu- the Committee on Energy and Commerce. Star Mother’s Day’’; to the Committee on ant to 5 U.S.C. 801(a)(1)(A); Public Law 104- By Ms. BROWNLEY of California: Armed Services. 121, Sec. 251; (110 Stat. 868); to the Committee H.R. 5568. A bill to direct the Secretary of By Mr. CURTIS (for himself, Mr. on Ways and Means. Veterans Affairs to provide abortion coun- BISHOP of Utah, Mr. STEWART, and 3483. A letter from the Chief, Publications seling to a veteran who has an unwanted Mr. MCADAMS): and Regulations Branch, Internal Revenue pregnancy; to the Committee on Veterans’ H. Res. 786. A resolution supporting the Service, transmitting the Service’s IRB only Affairs. designation of January 11, 2020, as ‘‘National — Opening of the third six-year remedial By Mr. DESAULNIER (for himself, Mr. Martha Hughes Cannon Day’’; to the Com- amendment cycle for pre-approved defined KENNEDY, and Ms. MATSUI): mittee on Oversight and Reform. benefit plans (Rev. Proc. 2020-10) received De- H.R. 5569. A bill to direct the Secretary of By Mrs. DAVIS of California (for her- cember 30, 2019, pursuant to 5 U.S.C. Health and Human Services to identify, re- self and Mr. HURD of Texas): 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 view, and implement effective interventions H. Res. 787. A resolution recognizing Janu- Stat. 868); to the Committee on Ways and in Head Start programs, and for other pur- ary 2020 as ‘‘National Mentoring Month’’, Means. poses; to the Committee on Education and and for other purposes; to the Committee on Labor. Education and Labor. f By Mr. KING of New York (for himself, f REPORTS OF COMMITTEES ON Mr. QUIGLEY, Mr. CICILLINE, Mr. PUBLIC BILLS AND RESOLUTIONS HECK, Mr. RUSH, Mr. CONSTITUTIONAL AUTHORITY KRISHNAMOORTHI, Mr. PETERS, Mr. STATEMENT Under clause 2 of rule XIII, reports of HIMES, Mr. KILMER, Ms. KAPTUR, Mr. committees were delivered to the Clerk OLSON, Mr. KATKO, Mr. MARSHALL, Pursuant to clause 7 of rule XII of for printing and reference to the proper Mr. AMODEI, Mrs. RADEWAGEN, Mr. the Rules of the House of Representa- calendar, as follows: WELCH, Mr. SUOZZI, Mr. KEATING, Ms. tives, the following statements are sub- STEFANIK, and Mr. COLE): mitted regarding the specific powers Mr. SCOTT of Virginia: Committee on Edu- H.R. 5570. A bill to direct the Secretary of cation and Labor. H. R. 1230. A bill to amend granted to Congress in the Constitu- Veterans Affairs to conduct a review of the tion to enact the accompanying bill or the Age Discrimination in Employment Act deaths of certain veterans who died by sui- of 1967 and other laws to clarify appropriate cide, and for other purposes; to the Com- joint resolution. standards for Federal employment discrimi- mittee on Veterans’ Affairs. By Ms. TITUS: nation and retaliation claims, and for other By Mr. MEADOWS (for himself, Mr. H.R. 5563. purposes; with an amendment (Rept. 116–372). BUDD, Mr. GOHMERT, Mr. PALMER, Congress has the power to enact this legis- Referred to the Committee of the Whole and Mr. SENSENBRENNER): lation pursuant to the following: House on the State of the Union. H.R. 5571. A bill to facilitate the use of per- Article I, Section 8 of the U.S. Constitu- CONSENSUS CALENDAR formance-based standards by the Depart- tion Under clause 7 of rule XV, the fol- ment of Transportation, and for other pur- By Ms. CLARKE of New York: lowing motion was filed with the Clerk: poses; to the Committee on Transportation H.R. 5564. Congress has the power to enact this legis- Motion No. 11, January 9, 2020 by Mr. and Infrastructure. By Mr. TRONE (for himself and Mr. lation pursuant to the following: STIVERS on H.R. 4305 MEUSER): Article 1, Section 8 f H.R. 5572. A bill to establish a grant pro- By Mr. RUSH: gram for family community organizations H.R. 5565. PUBLIC BILLS AND RESOLUTIONS that provide support for individuals strug- Congress has the power to enact this legis- Under clause 2 of rule XII, public gling with substance use disorder and their lation pursuant to the following: bills and resolutions of the following families; to the Committee on Energy and Article I, Section 8 By Mr. DAVIDSON of Ohio: titles were introduced and severally re- Commerce. By Mr. WALBERG (for himself and Mr. H.R. 5566. ferred, as follows: RUSH): Congress has the power to enact this legis- By Ms. TITUS: H.R. 5573. A bill to amend the Children’s lation pursuant to the following: H.R. 5563. A bill to prohibit certain prac- Online Privacy Protection Act of 1998; to the Article 1, Section 8, Clause 3: To regulate tices relating to certain commodity pro- Committee on Energy and Commerce. Commerce with foreign Nations, and among motion programs, to require greater trans- By Mr. BUDD (for himself, Mr. ZELDIN, the several States, and with the Indian parency by those programs, and for other and Mr. KUSTOFF of Tennessee): Tribes. purposes; to the Committee on Agriculture. H. Res. 782. A resolution encouraging pub- By Mr. LONG: By Ms. CLARKE of New York: lic schools to design and teach a curriculum H.R. 5567. H.R. 5564. A bill to amend the Communica- about the history of anti-Semitism and the Congress has the power to enact this legis- tions Act of 1934 to provide for certain re- Holocaust, and the vital and historic impor- lation pursuant to the following:

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Under Article I, Section 8, Clause 3 of the H.R. 1162: Mr. CA´ RDENAS. H.R. 4305: Ms. JACKSON LEE, Mr. CROW, Mr. Constitution, Congress has the power to col- H.R. 1173: Mr. CONAWAY, Mr. CARTER of SMITH of Nebraska, Mr. SARBANES, Mr. lect taxes and expend funds to provide for Texas, Mr. BABIN, Mr. CLOUD, and Mr. THORN- CARBAJAL, Mr. STEWART, Mr. SCALISE, Mr. the general welfare of the United States. BERRY. BLUMENAUER, Mr. COOPER, Mr. PETERS, Mr. Congress may also make laws that are nec- H.R. 1228: Ms. TITUS. KELLY of Mississippi, Mr. LOEBSACK, Mr. essary and proper for carrying into execution H.R. 1230: Ms. WILSON of Florida and Mr. GOODEN, Ms. BLUNT ROCHESTER, Mr. SHER- their powers enumerated under Article I. CASTEN of Illinois. MAN, Ms. KELLY of Illinois, Mr. ROONEY of By Ms. BROWNLEY of California: H.R. 1274: Mr. MICHAEL F. DOYLE of Penn- Florida, Ms. MOORE, Mr. AUSTIN SCOTT of H.R. 5568. sylvania and Mrs. LAWRENCE. Georgia, Mr. RUSH, Ms. VELA´ ZQUEZ, Ms. Congress has the power to enact this legis- H.R. 1400: Ms. KAPTUR, Mr. JOHNSON of CLARKE of New York, Mr. CLINE, Mr. JOHN- lation pursuant to the following: Georgia, Mr. COX of California, Ms. ESHOO, SON of Georgia, Mr. KEATING, Mr. LAWSON of Article I, Section 8 of the U.S. Constitu- Mr. MEEKS, Ms. SHALALA, and Ms. PRESSLEY. Florida, Mrs. BEATTY, Mr. DAVIDSON of Ohio, tion H.R. 1409: Mr. MCGOVERN. Mr. PAYNE, Mr. SMITH of Missouri, Mr. ´ By Mr. DESAULNIER: H.R. 1450: Mr. GARCIA of Illinois. NUNES, Mr. WALKER, Mr. RATCLIFFE, Mr. H.R. 5569. H.R. 1511: Mr. MEEKS. ENGEL, and Mr. COURTNEY. Congress has the power to enact this legis- H.R. 1643: Mr. QUIGLEY. H.R. 4309: Mrs. LURIA. ´ lation pursuant to the following: H.R. 1695: Ms. BARRAGAN. H.R. 4346: Mr. GRIJALVA. Article 1, Section 8. H.R. 1711: Mr. PANETTA and Mr. COX of H.R. 4364: Mr. GRIJALVA. By Mr. KING of New York: California. H.R. 4393: Mr. TRONE, Mr. RUSH, and Mrs. H.R. 1737: Ms. JAYAPAL. H.R. 5570. WATSON COLEMAN. H.R. 1923: Mr. KHANNA and Mr. JEFFRIES. Congress has the power to enact this legis- H.R. 4399: Mr. GREEN of Tennessee and Mr. H.R. 1987: Ms. SCHAKOWSKY. lation pursuant to the following: GOSAR. H.R. 2148: Mr. MCEACHIN. Article 1, Section 8, Clause 18 H.R. 4468: Mr. JOHNSON of South Dakota. H.R. 2214: Ms. KAPTUR. H.R. 4681: Mr. CLINE. By Mr. MEADOWS: H.R. 2218: Mr. BOST. H.R. 5571. H.R. 4708: Mr. MCNERNEY and Ms. LEE of H.R. 2219: Mr. BEYER. California. Congress has the power to enact this legis- H.R. 2271: Ms. Craig, Mr. UPTON, and Mr. lation pursuant to the following: H.R. 4709: Mr. MCNERNEY and Ms. LEE of GUTHRIE. California. According to Article I, Section 8, Clause 1, H.R. 2283: Mr. MCGOVERN. H.R. 4807: Mr. ZELDIN. ‘‘The Congress shall have Power . . . to pay H.R. 2456: Mr. LEVIN of Michigan, Ms. the Debts and provide for the common H.R. 4843: Mr. DESAULNIER. BONAMICI, Mr. LEVIN of California, Ms. H.R. 4890: Mr. LUJA´ N. Defence and general Welfare of the United HAALAND, Ms. DELAURO, Mr. YARMUTH, Mr. H.R. 4907: Mr. PHILLIPS, Mr. ROUDA, and States . . .’’; NEGUSE, Mr. KILMER, Mrs. LAWRENCE, Mr. Mr. BRINDISI. According to Article I, Section 8, Clause 3, NADLER, Mr. MASSIE, Mr. AMASH, Ms. H.R. 4932: Mr. CASE. the Congress ‘‘shall have Power . . . To regu- BARRAGA´ N, Ms. JOHNSON of Texas, Mr. BERA, H.R. 4960: Ms. DAVIDS of Kansas. late Commerce . . . among several States Mr. CICILLINE, Mr. CISNEROS, Ms. OMAR, Ms. H.R. 4968: Mr. MCGOVERN. . . .’’; KELLY of Illinois, Mrs. DEMINGS, and Mr. H.R. 5050: Mr. KRISHNAMOORTHI. According to Article I, Section 8, Clause 18, ENGEL. H.R. 5117: Mr. GOSAR, Mr. BRINDISI, and Mr. the Congress ‘‘shall have Power . . . To H.R. 2616: Ms. BLUNT ROCHESTER. KATKO. Make all Laws which shall be necessary and H.R. 2694: Mr. NORCROSS, Mrs. NAPOLITANO, H.R. 5138: Ms. DEAN. proper for carrying into Execution the fore- Mr. VARGAS, Mr. GONZALEZ of Texas, Mr. H.R. 5185: Mr. BRENDAN F. BOYLE of Penn- going Powers, and all Powers vested by this CUELLAR, and Mr. JEFFRIES. sylvania. Constitution in the Government of the H.R. 2777: Ms. CRAIG, Ms. NORTON, and Ms. H.R. 5191: Mr. BLUMENAUER, Mr. LYNCH, United States, or in any Department or Offi- ESCOBAR. and Mr. COURTNEY. cer thereof.’’; and H.R. 2812: Ms. FINKENAUER and Mr. H.R. 5200: Mr. GONZALEZ of Ohio. According to Article IV, Section 3, Clause STAUBER. H.R. 5212: Mr. BRENDAN F. BOYLE of Penn- 2, the Congress ‘‘shall have Power to dispose H.R. 2850: Mr. GAETZ, Mr. BISHOP of Geor- sylvania. of and make all needful Rules and Regula- gia, and Mr. NEGUSE. H.R. 5243: Ms. MATSUI. tions respecting the Territory or other Prop- H.R. 2895: Mr. DAVID P. ROE of Tennessee H.R. 5248: Mr. DESAULNIER and Mr. BEYER. erty belonging to the United States. . . .’’ and Mr. COX of California. H.R. 5259: Mr. ARRINGTON. By Mr. TRONE: H.R. 2958: Mr. GARCI´A of Illinois. H.R. 5260: Mr. NEGUSE. H.R. 5572. H.R. 2977: Ms. SEWELL of Alabama and Mr. H.R. 5297: Mrs. MILLER. Congress has the power to enact this legis- SOTO. H.R. 5309: Mr. KHANNA, Ms. ESHOO, Ms. lation pursuant to the following: H.R. 3043: Ms. DELBENE. SPEIER, Ms. KELLY of Illinois, Mr. HASTINGS, To make all Laws which shall be necessary H.R. 3104: Ms. FOXX of North Carolina and Mrs. DEMINGS, Mr. ABRAHAM, Ms. SEWELL of and proper for carrying into Execution the Ms. KENDRA S. HORN of Oklahoma. Alabama, and Mr. HIGGINS of Louisiana. foregoing Powers, and all other Powers vest- H.R. 3219: Mr. COX of California, Mr. H.R. 5319: Mr. PALLONE, Mr. SCHWEIKERT, ed by this Constitution in the Government of DEUTCH, Mrs. NAPOLITANO, Mrs. WATSON and Mr. KHANNA. the United States, or in any Department or COLEMAN, Mr. CROW, and Mr. GARAMENDI. H.R. 5337: Mrs. WATSON COLEMAN and Mr. Officer thereof. H.R. 3355: Mrs. WATSON COLEMAN. RICE of South Carolina. By Mr. WALBERG: H.R. 3361: Mr. PETERS. H.R. 5396: Mr. JOYCE of Ohio. H.R. 5573. H.R. 3374: Mr. CICILLINE and Mr. CISNEROS. H.R. 5403: Ms. KUSTER of New Hampshire. Congress has the power to enact this legis- H.R. 3414: Ms. UNDERWOOD and Mr. LYNCH. H.R. 5408: Mr. HUDSON. lation pursuant to the following: H.R. 3441: Mr. VEASEY. H.R. 5417: Mr. ARRINGTON. Article 1, Section 8, Clause 3 states that H.R. 3657: Ms. BROWNLEY of California, Mr. H.R. 5421: Mr. BALDERSON, Mr. YOHO, and Congress shall have the power to regulate KING of New York, Ms. STEFANIK, and Mr. Mr. MOONEY of West Virginia. commerce with foreign Nations, and among ROSE of New York. H.R. 5424: Ms. MENG and Ms. ESHOO. several States, and with the Indian tribes. H.R. 3663: Ms. PRESSLEY. H.R. 5439: Mr. GOSAR. H.R. 3760: Mr. DANNY K. DAVIS of Illinois. H.R. 5445: Mr. MCCLINTOCK and Mr. GOSAR. f H.R. 3794: Mr. KEATING. H.R. 5450: Mr. COHEN, Ms. MENG, and Mr. H.R. 3843: Ms. SPANBERGER. PERLMUTTER. ADDITIONAL SPONSORS H.R. 3971: Mr. RUTHERFORD. H.R. 5466: Mr. MCGOVERN. Under clause 7 of rule XII, sponsors H.R. 3975: Mrs. LURIA. H.R. 5490: Mr. NORMAN and Mr. FLORES. were added to public bills and resolu- H.R. 4056: Ms. KENDRA S. HORN of Okla- H.R. 5492: Mr. BLUMENAUER. H.R. 5543: Mrs. LAWRENCE, Ms. ESCOBAR, tions, as follows: homa. H.R. 4078: Mr. BOST, Ms. CRAIG, Ms. Mr. NEGUSE, Mr. KILMER, Mr. NADLER, Mr. H.R. 155: Mr. GOODEN. ESCOBAR, and Mr. MOONEY of West Virginia. YARMUTH, Ms. JACKSON LEE, Mr. DANNY K. H.R. 333: Mr. MURPHY of North Carolina. H.R. 4097: Mr. GRIJALVA. DAVIS of Illinois, Ms. BARRAGA´ N, and Mr. H.R. 651: Mr. GOODEN. H.R. 4111: Ms. KAPTUR. SOTO. H.R. 712: Mr. FOSTER, Mr. PAYNE, and Mr. H.R. 4138: Mr. GOHMERT. H.R. 5546: Mr. SENSENBRENNER and Ms. DANNY K. DAVIS of Illinois. H.R. 4142: Mr. DESAULNIER. BASS. H.R. 878: Ms. FINKENAUER. H.R. 4189: Mr. WALTZ, Mr. BUDD, Mrs. H.J. Res. 66: Mr. BLUMENAUER. H.R. 945: Mr. CARTWRIGHT. HARTZLER, Mr. RYAN, and Mrs. DEMINGS. H.J. Res. 76: Ms. KUSTER of New Hamp- H.R. 961: Ms. TORRES SMALL of New Mex- H.R. 4194: Ms. FINKENAUER. shire, Mr. FOSTER, Mr. KILDEE, Mr. SAR- ico. H.R. 4228: Ms. FINKENAUER and Ms. LEE of BANES, Ms. DELBENE, Mr. CARBAJAL, Mr. COX H.R. 1049: Ms. WILSON of Florida, Mr. California. of California, Mr. PAPPAS, and Mrs. FLETCH- SWALWELL of California, Mr. GOMEZ, and Ms. H.R. 4301: Mrs. DAVIS of California, Mr. ER. BROWNLEY of California. COURTNEY, Mr. NORCROSS, Ms. WILD, and Ms. H. Con. Res. 20: Mr. BRADY and Mr. CARTER H.R. 1074: Ms. CASTOR of Florida. ADAMS. of Texas.

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H. Con. Res. 83: Ms. SCHAKOWSKY, Mr. ERN, Mrs. BEATTY, Mr. SHERMAN, Mr. COURT- H. Res. 620: Mr. MOONEY of West Virginia. MCNERNEY, Mr. FOSTER, Ms. MUCARSEL-POW- NEY, Ms. DEAN, and Ms. CLARK of Massachu- H. Res. 694: Mr. HORSFORD, Ms. BLUNT ELL, Ms. LOFGREN, Ms. OCASIO-CORTEZ, Ms. setts. ROCHESTER, Mr. SCOTT of Virginia, Mr. H. Res. 17: Mr. SHERMAN, Mrs. FLETCHER, CLARKE of New York, Ms. JUDY CHU of Cali- CLEAVER, Mr. BROWN of Maryland, Mr. JOHN- Mr. CRENSHAW, and Mr. THOMPSON of Penn- fornia, Mr. BLUMENAUER, Mr. LOEBSACK, Ms. SON of Georgia, Mrs. HAYES, Mrs. LAWRENCE, sylvania. BONAMICI, Mr. DESAULNIER, Mr. SARBANES, Mr. RICHMOND, Mr. MCEACHIN, Ms. SEWELL of H. Res. 50: Mr. YOHO, Mr. BIGGS, Mr. SPANO, Alabama, and Ms. UNDERWOOD. Mr. LYNCH, Mr. SMITH of Washington, Mr. Mr. FULCHER, Mr. GUTHRIE, Mr. GOHMERT, LEVIN of Michigan, Ms. TLAIB, Mr. MICHAEL Mr. LATTA, and Mr. GROTHMAN. H. Res. 780: Mr. KELLY of Pennsylvania, F. DOYLE of Pennsylvania, Mrs. KIRKPATRICK, H. Res. 495: Ms. ESCOBAR and Ms. KELLY of Mr. MOONEY of West Virginia, Mr. BABIN, and Mr. EVANS, Mr. KIM, Mr. RASKIN, Mr. MCGOV- Illinois. Mr. TIPTON.

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Vol. 166 WASHINGTON, THURSDAY, JANUARY 9, 2020 No. 5 Senate The Senate met at 10 a.m. and was in Iraq, and storming the U.S. Embassy Now, this is a challenging time to called to order by the President pro in Baghdad. create bipartisan agreement in the tempore (Mr. GRASSLEY). The U.S. response to Iran’s increas- Senate on any subject, but the Speaker f ing provocations had been too meas- of the House has managed to do the im- ured, to the point that we risked Iran’s possible. She has created this growing PRAYER leaders mistaking restraint on the part bipartisan unity here in the Senate in The Chaplain, Dr. Barry C. Black, of- of America for weakness and encour- opposition to her own reckless behav- fered the following prayer: aging further escalation. ior. Let us pray. Another attack that risked many The Senators may not agree on Eternal Father, who extends daily to American lives was in the works when much, but it appears most of us still our lawmakers’ compassionate love, we President Trump ordered U.S. forces to recognize the threat to our institution praise Your Holy Name. In a fragile take out the terrorist mastermind of when we see one. Article I, section 3, world where we often find ourselves the Iranian regime. says: ‘‘The Senate shall have the sole waiting to exhale, You remain our Now, think about it. Sometimes you power to try all impeachments’’—pe- shelter for every storm. have to stand up to a bully to get him riod. Lord, relieve the shadows of gloom as to back off or else we might be inviting The House can begin the process, and we face a world endangered by selfish- further aggression. Speaker PELOSI’s majority has cer- ness and sin. Bring our Senators from I yield the floor. tainly done that, but the Senate alone the fatigue of despair to the buoyancy f can resolve it. Yet, for weeks now, the of hope. Make their lives unflickering House majority has blocked the Senate lights that scatter the darkness in our RECOGNITION OF THE MAJORITY from fulfilling our constitutional duty. Nation and world. Give them an un- LEADER In a precedent-breaking display of par- flinching certainty that You are sov- The PRESIDING OFFICER. The ma- tisanship, the Speaker has refused to ereign. jority leader is recognized. let her own allegations proceed nor- We pray in Your great Name. Amen. f mally to trial unless she gets to hand- f design various elements of our Senate IMPEACHMENT process. In other words, the House PLEDGE OF ALLEGIANCE Mr. MCCONNELL. Madam President, Democrats already spent 12 weeks un- The President pro tempore led the first, this morning I want to associate dermining the institution of the Presi- Pledge of Allegiance, as follows: myself with a statement made yester- dency with a historically unfair and I pledge allegiance to the Flag of the day by one of our distinguished col- subjective impeachment, and now, for a United States of America, and to the Repub- leagues about the House Democrats sequel, they have come after the insti- lic for which it stands, one nation under God, treating impeachment like a political tution of the Senate as well. That is indivisible, with liberty and justice for all. toy. Here is what the Senator said: ‘‘If where we are. The PRESIDING OFFICER (Mrs. it’s serious and urgent, send them over. The dwindling number of our Senate HYDE-SMITH). The Senator from Iowa. If it isn’t, don’t.’’ That was our Demo- Democratic colleagues who remain Mr. GRASSLEY. Madam President, I cratic colleague, the senior Senator complicit in this must realize what ask unanimous consent to address the from California, the ranking member they are doing. Should future House Senate for 1 minute as in morning busi- of the Judiciary Committee. She majorities feel empowered to waste our ness. wasn’t alone. time with junior varsity political hos- The PRESIDING OFFICER. Without ‘‘It’s time to get on with it.’’ That is tage situations? Should future Speak- objection, it is so ordered. our Democratic colleague the junior ers be permitted to conjure up this f Senator from Delaware. sword of Damocles at will and leave it ‘‘At some point, it’s appropriate to hanging over the Senate unless we do IRAN send them and pass the baton to Sen- what they say? Of course not. Mr. GRASSLEY. Madam President, ators.’’ That is our Democratic col- This week, a majority of the Senate over the past year, the Iranian regime league, the senior Senator from Con- stepped forward to make it perfectly has been increasingly aggressive, at- necticut. clear that this conversation is over. A tacking oil tankers in the Persian Gulf, ‘‘I think the time has past. She majority of this body has said defini- shooting down a U.S. drone, seizing a should send the articles.’’ That is our tively that we are not ceding our con- British tanker, attacking a Saudi oil Democratic colleague the junior Sen- stitutional authority to the partisan facility, attacking U.S. military bases ator from Connecticut. designs of the Speaker. We will not let

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

S99

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Senate attended, but only 15 Senators phase of this trial will track the phase If the Speaker continues to refuse to were able to ask questions before the one of the Clinton trial, which all 100 take her own accusations to trial, the administration decided they had to go. Senators voted for in 1999. I have said Senate will move forward next week As many as 82 Senators were left hang- for months that this is our preferred with the business of our people. We will ing in the balance without a chance to route. operate on the assumption that House answer their questions. It was a sight By the way, that is exactly what the Democrats are too embarrassed—too like none I have ever seen in my time American people want. Seventy-seven embarrassed—to ever move forward, in the Senate. percent told a Harvard-Harris survey and we will get back to the people’s This is a crucial issue: war and peace. that the basic outline of a Clinton business. These were five of the leading people trial, reserving the witness question For example, the Senate continues to involved in the decision making, past, until later in the proceedings, ought to process President Trump’s landmark present and future. If they couldn’t be good enough for this President as trade deal, the USMCA, through our stay to answer questions in a classified well. Fair is fair. In the same survey, 58 committees of jurisdiction. It passed briefing, that is the ultimate disrespect percent of Americans said they want the Senate Finance Committee this to the Senate. Speaker PELOSI to do her job and send week by a landslide vote of 25 to 3, a I have to tell you, it was not just the articles to the Senate rather than major victory for the President and for Democrats who were upset and not just continue delaying. working families. Now our other com- on the Republican side. Senator PAUL It makes sense that American fami- mittees will continue their consider- and Senator LEE were upset. Four or lies have lost patience with this act ation. five Senators came over to me, in that just like we Senators have lost pa- And there is more. The epidemic of room, when I made the request that tience with it because this is not just opioids, fentanyl, and other substance they come back, and said: Please count some intramural tiff between the two abuse continues to plague our Nation. me in on that. Houses in our bicameral legislature. Some colleagues have signaled they As Secretary Pompeo was practically This recklessness affects our entire may raise privileged resolutions on war running out the door, I asked the country. powers. The Senate has plenty of seri- White House representative if they When you take a step back, what has ous work to do for our country. So would come back and finish the brief- really happened over the last 3 weeks? while the Speaker continues her irre- ing. Pompeo said no, on his behalf, but What has happened? When you take a sponsible games, we will continue the White House representative assured step back from the political noise and me the group would be back in short doing the people’s business. the pundits discussing ‘‘leverage’’—by order. the way, that never existed—what have f I said: Within a week. House Democrats actually done? RESERVATION OF LEADER TIME In the room, in the SCIF, he said This is what they have done. They The PRESIDING OFFICER. Under they will definitely come back. have initiated one of the most grave This morning, the White House told the previous order, the leadership time and most unsettling processes in our me they would explore coming back. is reserved. Constitution and then refused to allow They are already backing off, as usual. a resolution of it. The Speaker began f This is imperative. We are asking, in as something that she herself predicted CONCLUSION OF MORNING polite a way as we can right now, would be ‘‘so divisive to the country,’’ BUSINESS Democrats and Republicans, that these and now she is unilaterally saying it The PRESIDING OFFICER. Morning five leaders—the head of DNI, the head cannot move forward to resolution. business is closed. of the CIA, the head of the Joint It is bad enough that House Demo- Chiefs, Secretary of Defense, and the crats gave in to the temptation of sub- f Secretary of State—come before us jective impeachment that every pre- EXECUTIVE SESSION within a week and answer the ques- vious House for 230 years has managed tions of the 82 Senators who were on to resist. However unwise, that is their the list and wanted to ask questions constitutional prerogative. They get to EXECUTIVE CALENDAR but couldn’t. start it, if they choose, but they do not The PRESIDING OFFICER. Under The scene at yesterday’s briefing was get to declare that it can never be fin- the previous order, the Senate will pro- unacceptable, as Members of both sides ished. They do not get to trap our en- ceed to executive session to resume of the aisle have attested. Eighty-two tire country into an unending consideration of the following nomina- Senators—chairs, ranking members, ‘‘Groundhog Day’’ of impeachment tion, which the clerk will report. appropriators, authorized—were without resolution. The senior assistant legislative clerk snubbed by this administration on a Alexander Hamilton specifically read the nomination of Paul J. Ray, of matter of war and peace. They must re- warned against a procrastinated reso- Tennessee, to be Administrator of the turn. lution of impeachments. In part, that Office of Information and Regulatory Again, this administration’s thwart- is because our duly-elected President Affairs, Office of Management and ing of the exquisite balance the Found- deserves a verdict, just like every Budget. ing Fathers put in place between the American who is accused by their gov- Mr. MCCONNELL. I suggest the ab- Congress and Presidency is something ernment deserves a speedy trial. sence of a quorum. that would make the Founding Fathers This goes deeper than fairness to one The PRESIDING OFFICER. The turn over in their graves and strikes at individual. This is about what is fair to clerk will call the roll. the core of what America is all about. the entire country. There is a reason The senior assistant legislative clerk Why is it important we have this why the Framers did not contemplate a proceeded to call the roll. briefing? Because the danger of war is permanently unsettled Presidency. Mr. SCHUMER. I ask unanimous con- still very real. There seems to be a That is true under any circumstances, sent that the order for the quorum call sense that Iran’s missile strikes on but consider especially the cir- be rescinded. U.S. installations in Iraq, which re- cumstances of recent days. Even as the The PRESIDING OFFICER. Without sulted in no U.S. or coalition casual- Democrats have prolonged this game, objection, it is so ordered. ties, was a signal that our hostilities we have seen Iran escalate tensions RECOGNITION OF THE MINORITY LEADER between our two countries are dees- with our Nation. We live in a dan- The Democratic leader is recognized. calating. If that is true, it would cer- gerous world. IRAN tainly be a good thing, but we all know So, yes, the House majority can cre- Mr. SCHUMER. Madam President, Iran has many different ways of caus- ate this temporary cloud over a Com- yesterday the Senate received a classi- ing trouble in the Middle East. Over

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Undoubtedly, there is still a IMPEACHMENT trial. danger Iran will retaliate for the death Madam President, on impeachment, I The American people believe, over- of General Soleimani in other ways, have to respond to Leader MCCON- whelmingly, and regardless of partisan not only in the next days, where it is NELL’s hyperbolic accusations that the affiliation, that the Senate should con- possible they could, but in the next Speaker is trying to dictate terms of duct a fair trial. A fair trial means weeks and months. the Senate trial. I know the Repub- that we get to hear the evidence, the In a speech yesterday, the Iran Su- lican leader must be upset he cannot facts, the truth. Every Presidential im- preme Leader said the Iranian missile exert total control over this process, peachment trial in history has featured strike was just ‘‘one slap.’’ ‘‘Such mili- but Speaker PELOSI has done just the witnesses and documents. The trial of tary actions,’’ he continued, ‘‘are not right thing. I can understand why the President should be no different. enough as far as the importance of re- Leader MCCONNELL is so frustrated. If The Leader has accused the Speaker taliation is concerned.’’ We have good the Speaker had sent the Articles of of making up her own rules. reason to worry that Iran will do more, Impeachment over to the Senate im- Mr. Leader, you are making up your particularly, given the fact that they mediately after they passed, Senate own rules. Every trial has had wit- are a regime that has many hard-liners Republicans could have moved to dis- nesses. Will you support this trial hav- who hate the United States and will miss the articles. There was a lot of ing witnesses or are you making up try to do us as much damage as they talk about that a while ago. There your own rules to serve the President’s can. For other reasons as well, the risk wouldn’t have been a fair or even a cur- purpose of covering up? The argument in favor of witnesses is of confrontation with Iran has grown sory trial, and they might have even so strong and has such common sense more acute, some of it because of tried to dismiss the whole articles be- behind it that my Republican col- President Trump’s actions. fore Christmas. Instead, over the past leagues cannot even argue against it on At the President’s order, we now few weeks, not only have they been the merits. They can only say: We have at least 15,000 additional U.S. prevented from doing that, there have should punt the question. Maybe we forces in the Middle East—more forces been several crucial disclosures of evi- will decide on that later, after both than we had at the beginning of last dence that appear to further incrimi- sides finish making their cases. summer—15,000 more. The Iranian pub- nate the President, each disclosure bol- As already explained over and over lic, which only weeks ago was pro- stering the arguments we Democrats again, but it is worth repeating, that testing its own political leaders, has have made for a trial that features the position makes no sense from a trial rallied behind the regime and is direct- relevant witnesses and documents. perspective. Have both sides finish ing its entire ire at the United States. That has been Speaker PELOSI’s focus their presentations and then vote on Iran has also announced that it will no from the very beginning and has been whether there should be evidence? The longer abide by any restraints on its my focus from the very beginning: get- presentation should be based on evi- nuclear program that were imposed by ting a fair trial that considers the facts dence, on witnesses, on documents. It the JCPOA, signaling its possible in- and only the facts. As I have said re- should not be an afterthought. tent to pursue a nuclear weapon. peatedly on this Senate floor, as Joe I say to my Republican colleagues, For all these reasons—that clearly Friday said in ‘‘Dragnet,’’ ‘‘Just the this strategy of voting on witnesses Iran is still a great danger and the risk facts, ma’am.’’ later lives on borrowed time. To re- of war still looms—we need Senator The Speaker and I are in complete peat, once the trial begins, there will— KAINE’s War Powers Resolution more agreement on that point, and because there will be a vote about the question than ever. the Republican leader has been unable of witnesses and documents, and the The President has made several er- to bring up the articles and dismiss spotlight will be on four Republican ratic and impulsive decisions when it them or stampede through a trial over Senators, who at any point could join comes to foreign policy that have made the Christmas period, the focus of the Democrats and form a majority in Americans less safe, put even more country has been on witnesses and doc- favor of witnesses and documents. Four American forces in harm’s way. More uments. Republicans could stand up and do the American troops are now headed to the Leader MCCONNELL will do every- right thing. Four Republicans could Middle East. We are not reducing our thing he can to divert attention from make a difference between a fair trial troop load; we are increasing it. that focus on witnesses and documents. and a coverup. Four Republicans could Iran is no longer constrained by lim- He knows his Senators are under huge do what the Founding Fathers wanted its on its nuclear program. We find our- pressure not to just truncate a trial us to do: hold a fair trial with all the selves even more isolated from allies and have no evidence; that it will play facts. and partners around the world who are very badly in America and back home All Leader MCCONNELL can do right shaken by the recklessness and incon- in their States. He is a very clever fel- now is try to divert attention, call sistency of the administration’s foreign low, so he doesn’t just say no. He says: names—he is good at that—and delay policy. The Trump administration can- Let’s delay this for a while and see the inevitable, but he can only delay it. not even complete a congressional what happens. Every single one of us in this Senate briefing. Congress, unequivocally, must I have little doubt most people who will have to take a stand. How do my hold the President accountable and as- follow this—most Republicans probably Republican friends want the American sert our authority over matters of war quietly—have little doubt that Leader people, their constituents, and history and peace. That is what Senator MCCONNELL has no interest in wit- to remember them? We shall see. KAINE’s resolution would do. nesses and documents, no interest in a I yield the floor. We will have a debate on the floor in fair trial. When we say ‘‘fair trial,’’ we The PRESIDING OFFICER. The ma- the Senate. I urge my colleagues to mean facts; we mean witnesses; we jority whip. support the Kaine resolution. There are mean documents. Mr. THUNE. Madam President, I many different ways we can make sure When the impeachment trial begins think it is safe to say that most Repub- we don’t go into a war recklessly and in the Senate, the issue will return to licans here in the Senate expect that at without check. witnesses and documents. It has been some point we will be receiving Arti- Senator SANDERS today is intro- out there all along but will come back cles of Impeachment from the House of ducing legislation, of which I am a co- even stronger. That question will not Representatives, at which time we will sponsor, that will hold back funding for be decided, fortunately, just by Leader conduct the Senate’s business. We will such a war. We Democrats will con- MCCONNELL. Every Senator will have give the President a fair opportunity to tinue to pursue ways to assert our con- to vote on that question. Those votes be heard—something that was lacking stitutional authority and make sure at the beginning of the trial will not be in the House of Representatives.

VerDate Sep 11 2014 00:16 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JA6.003 S09JAPT1 SSpencer on DSKBBXCHB2PROD with SENATE S102 CONGRESSIONAL RECORD — SENATE January 9, 2020 I heard the Democratic leader’s sug- I can tell you, contrary to the asser- TRACED ACT gestion that the reason the House had tions of the Democrats, I believe people Madam President, it is safe to say to sit on this is because if they sent across this country are very weary and that pretty much every American has this over to the Senate, somehow the tired—frankly, in some ways ex- been subjected to annoying and illegal Senate would dismiss this earlier, im- hausted—from having this thing just robocalls. Who hasn’t picked up the mediately, or something along those drag on. There are so many important phone to discover it is an automated lines. I have no idea where that comes issues we need to deal with. message telling you that you have won from. That has never been the inten- We have a trade agreement that is a trip to the Bahamas, which you can tion here for Republicans in the Sen- teed up and ready to go—I hope we can secure by passing along your credit ate. Republicans in the Senate know vote on it here in the Senate—that has card information, or asking for impor- full well that we have a job to do under real relevance to the American people. tant banking information so your ac- the Constitution in which we hear the There are farmers and ranchers in my count won’t be closed? case, hear the arguments, ask ques- State of South Dakota and across this These calls are a major nuisance, and tions, and consider the possibility of country who desperately need to ex- too often they are more than a nui- additional evidence being presented. pand and open markets. We have de- sance. Every day, vulnerable Ameri- We have said all along that is how we pressed ag prices and low commodity cans fall prey to ever more sophisti- intend to treat this. But we want to cated scammers and have money or prices in both grains and livestock, and make sure it is a fair process—a proc- their identities stolen. Individuals who we need to create opportunities for ess that isn’t rushed, a process that fall prey to scammers can spend these farmers to get back on their feet isn’t partisan, as it was in the House of months or years struggling to get their and to restore profitability. Representatives. lives back. We have gone so far as to suggest Instead of doing that, we are waiting I have been working on the issue of that the precedent to be used be the for the Articles of Impeachment to robocalls for several years now, first as Clinton precedent—in other words, the come here. Assuming that they do, we chairman of the Senate Commerce precedent that was used during Presi- will spend who knows how long on Committee and now as chairman of the dent Clinton’s impeachment process processing that at a time when there Commerce Subcommittee on Commu- back in 1999. At that time, there were are so many pressing needs the Amer- nications, Technology, Innovation, and 100 votes in the Senate—Republican ican people care deeply about, not to the Internet. and Democrat—supporting that par- mention the fact that in November of I worked with Senator MARKEY to ticular process, which, as I pointed out, this year, we will have a Presidential lobby the Federal Communications allows for both sides to make their ar- election and congressional elections, Commission to create a single, com- guments. The managers in the House of where the people of this country can prehensive database of reassigned tele- Representatives come over and make weigh in. They can have their voices phone numbers so that legal callers their case, and the President and his heard. could avoid contacting people who team have an opportunity to respond That is how we ought to decide the hadn’t signed up for messages. to that, and then there is an oppor- differences we have in this country. If I have spent a lot of time examining tunity for Senators to propound ques- you have a difference with the Presi- ways to discourage illegal robocalling. tions. It seems to me, at least, that is dent of the United States, you will While Commerce Committee chairman, a fair process. have an opportunity to go vote in No- I held a hearing with notorious mass So far, we haven’t seen the articles; vember of this year. If you decide you robocaller Adrian Abramovich. His tes- nor have we seen any cooperation from don’t like him and you want to vote timony made clear that current pen- the Senate Democrats about a process him out of office, you can do that. That alties for illegal robocallers were not that would do all the things I just men- is where the people believe this ought sufficient. Illegal robocallers have been tioned. So the Democratic leader’s sug- to be decided, not through a long, building the cost of fines into their ac- gestion that they needed to wait all drawn-out, protracted process here in tivities, and so far, there has been no this time because they have to some- Washington, DC, where a bunch of effective mechanism for criminal pros- how ensure that Republicans were not Members of Congress, who should be ecution. going to dismiss this is a false argu- working on important issues like en- Based upon Abramovich’s testimony ment. ergy, healthcare, economy, jobs and and testimony from Federal enforcers, I would argue that the House of Rep- wages, and things like that, are bogged I developed the Telephone Robocall resentatives sitting on this and stall- down with this impeachment process. Abuse Criminal Enforcement and De- terrence Act, or what we call the ing it undermines the very point they I believe the American people are made about why it was so important TRACED Act, along with Senator MAR- weary. I think they know that starting that they do this. If they rush it, if KEY. At the end of December, the Presi- in about 3 weeks in Iowa, they are they do not hear some of the witnesses, dent signed our bill into law. The going to start voting. We have a Presi- if they do not subpoena some of the TRACED Act provides tools to discour- dential election that is underway, and witnesses—some of the very people age illegal robocalls, protect con- it seems to me that people who have they want the Senate to subpoena and sumers, and crack down on offenders. views they want to express can make hear from are people they could have As I mentioned earlier, criminal their voices heard in the election, rath- subpoenaed and heard from. prosecution of illegal robocallers can They have now evidently concluded er than having a long, drawn-out im- be difficult. Scammers are frequently that—while at one time ‘‘We just have peachment process, which, as I said based abroad and can quickly shut to get this through because this Presi- earlier, the House of Representatives down shop before authorities can get to dent is such a clear and present danger initiated in such a hurried way that them. I believe we need to make sure to the country. We have to do this fast they came up with some pretty weak there is a credible threat of criminal and do it with a sense of urgency,’’ tea-type Articles of Impeachment in a prosecution and prison for those who now, all of a sudden, the brakes have rush to try to get it over here. Now use robocalls to prey upon the elderly been put on and for no apparent reason they are stalling it and not delivering and other vulnerable Americans. To other than, I would argue, they see po- it. that end, the TRACED Act convenes a litical advantage in doing that. The Senate is not going to act, obvi- working group with representatives But the fact is, the Senate will hear ously, until the House acts and sends from the Department of Justice, the this at some point if we receive the ar- over those articles. When they do, we Federal Communications Commission, ticles, and we will employ a process—a will ensure that, unlike the way they the Consumer Financial Protection Bu- fair process—that allows both sides to conducted themselves in the House of reau, State attorneys general, and oth- make their arguments and to be heard. Representatives, it is a fair process ers to identify ways to criminally pros- Then we will allow the Senate to do its that gives the President of the United ecute illegal robocalling. will, and whatever 51 votes in the Sen- States, who has been attacked through In the meantime, it expands the win- ate decide is ultimately how this will this process, a chance to respond and dow in which the Federal Communica- be disposed of. defend himself. tions Commission can pursue

VerDate Sep 11 2014 00:16 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JA6.005 S09JAPT1 SSpencer on DSKBBXCHB2PROD with SENATE January 9, 2020 CONGRESSIONAL RECORD — SENATE S103 scammers and levy fines from 1 year to ing water and preserve our Great Lakes work of reviewing existing regulations 4 years. The bill also makes it easier and other natural resources. I appre- to identify those that are outdated, for your cell phone carrier to lawfully ciate that Mr. Ray listened to my con- harmful, or counterproductive and block calls that aren’t properly au- cerns. He is clearly very smart and pas- achieving this administration’s initial thenticated, which will ultimately help sionate about administrative law and goal of eliminating at least two regula- stop scammers from getting through to the rulemaking process. However, Mr. tions for every significant new one your phone. The TRACED Act also Ray is relatively new to Federal serv- added. tackles the issue of spoofed calls— ice and has relied primarily on his re- The good news for our economy is where scammers make the call appear cent tenure at the agency to dem- that the administration far exceeded as if it is coming from a known num- onstrate his qualifications. this initial goal by eliminating 22 out- ber. TRACED addresses the issue of Given his prior role, the best way for dated or harmful regulations for every one-ring scams, where international us to understand what Mr. Ray will do new one added in 2017, and it has scammers try to get individuals to re- if confirmed is to take a closer look at achieved a rate of 71⁄2 regulations re- turn their calls so they can charge what he has already done. In order to moved for each new regulation over the them exorbitant fees. thoroughly examine his qualifications, course of the administration. This has The bill directs the Federal Commu- we asked Mr. Ray to provide informa- saved American families and busi- nications Commission to convene a tion about his tenure, which included nesses billions of dollars in compliance working group to address the problem reviews of proposals that would weaken costs and has allowed businesses to of illegal robocalls being made to hos- critical protections for workers, vet- spend that money and concentrate pitals. There are too many stories of erans, children, disadvantaged commu- their efforts on growing their busi- hospital telephone lines being flooded nities, and the environment. nesses and creating new products, serv- with robocalls, disrupting critical lines Unfortunately, the nominee and the ices, and good-paying jobs. of communication for hours. agency’s Office of General Counsel I continue to believe this administra- Will the TRACED Act completely have refused to meaningfully respond tion’s dedication to regulatory reform solve the problem of illegal robocalls? to committee members’ request for in- and reduction is the single most impor- No. But it will go a long way toward formation or fully participate in the tant factor in the success of our econ- making it safe to answer your phone Senate’s efforts to meet our constitu- omy, record low levels of unemploy- again, and it will help ensure those tional responsibilities. While Mr. Ray ment, and growing wage levels, with who exploit vulnerable individuals face expressed a commitment to trans- wage growth being at its strongest at punishment for their actions. parency, his inability to ensure compli- the lower end of our income spectrum. I am grateful to Senator MARKEY for ance with the committee’s requests— It is important to note that Mr. Ray partnering with me on this legislation. including for material that is routinely has already played a key role in this The Washington Post praised the provided to the public in response to regulatory rationalization and its re- TRACED Act as an example of ‘‘good the Freedom of Information Act— sulting economic success. old-fashioned legislating.’’ raises serious doubts about whether he In his having previously led OIRA as I am proud of the strong bipartisan will cooperate with Congress if con- its Acting Administrator and as its As- support it received in both Houses of firmed. sociate Administrator, Mr. Ray has Congress. I look forward to monitoring Given the unprecedented actions demonstrated the ability to carry out the implementation of the TRACED taken by this administration to roll the office’s multifaceted mission. In Act and continuing to work to protect back safeguards, it would be irrespon- addition to his direct leadership experi- Americans from illegal and abusive sible to confirm Mr. Ray to OIRA with- ence at OIRA, he currently serves as robocalls. out an opportunity to thoroughly the Senior Adviser to the Director of I yield the floor. evaluate his record. I have sought to Regulatory Affairs, where he advises The PRESIDING OFFICER. The Sen- carefully consider Mr. Ray’s nomina- on regulations and the regulatory proc- ator from Michigan. tion, but due to this serious lack of ess. He also served as counselor to the Mr. PETERS. Madam President, I transparency, I cannot support his con- Secretary of Labor, where he had a ask unanimous consent that Senator firmation. For that reason, I will be similar role. JOHNSON and I be able to complete our voting no, and I urge my colleagues to Prior to these public service roles, remarks prior to the cloture vote. do the same. Mr. Ray was an associate at Sidley The PRESIDING OFFICER. Without I yield the floor. Austin LLP, and he served as a law objection, it is so ordered. The PRESIDING OFFICER (Mr. clerk to Supreme Court Justice Sam- NOMINATION OF PAUL J. RAY SCOTT of Florida). The Senator from uel Alito, as well as to Judge Debra Mr. PETERS. Madam President, Wisconsin. Livingston of the U.S. Circuit Court of today I rise to speak in opposition to Mr. JOHNSON. Mr. President, I rise Appeals for the Second Circuit. Mr. the nomination of Paul Ray to be the to ask the Senate to confirm the nomi- Ray graduated magna cum laude from next Administrator of the Office of In- nation of Paul Ray to be the Adminis- Hillsdale College and Harvard Law formation and Regulatory Affairs, trator for the Office of Information and School. more commonly known as OIRA. Regulatory Affairs of the Office of Because of his background and dem- Although not many people outside of Management and Budget. onstrated enthusiasm for dealing with Washington have heard of OIRA, this OIRA, as this office is commonly regulatory matters, Mr. Ray is unique- office wields an important amount of called, is the Federal Government’s ly qualified to serve as the next OIRA influence over regulations that impact principal authority for reviewing exec- Administrator. I am grateful to Mr. families, businesses, and communities utive branch regulations, approving Ray for his willingness to serve, and I in countless ways. government information collections, strongly encourage my colleagues to If confirmed, Mr. Ray would be re- and overseeing the implementation of vote yes on his confirmation. sponsible for reviewing health, labor, government-wide policies related to in- I yield the floor. environmental, and many other protec- formation policy, privacy, and statis- CLOTURE MOTION tions, from safeguarding our source of tical practices. The OIRA Adminis- The PRESIDING OFFICER. Pursuant drinking water to ensuring the cars we trator is responsible for reviewing and to rule XXII, the Chair lays before the drive are safe. approving both rules and then final Senate the pending cloture motion, In Michigan, communities like Flint, rules to ensure agencies conduct appro- which the clerk will state. Oscoda, and Parchment cannot drink priate cost-benefit analyses. The legislative clerk read as follows: Under President Trump, OIRA has water from their own faucets without CLOTURE MOTION conducted between 200 and 400 rule re- fear of ingesting toxic chemicals like We, the undersigned Senators, in accord- lead or PFAS. views each year, and it has made it an ance with the provisions of rule XXII of the When meeting with Mr. Ray, I administrative priority to reduce the Standing Rules of the Senate, do hereby stressed the need to prioritize protec- regulations and to control regulatory move to bring to a close debate on the nomi- tions that provide safe and clean drink- costs. That includes the important nation of Paul J. Ray, of Tennessee, to be

VerDate Sep 11 2014 00:16 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JA6.006 S09JAPT1 SSpencer on DSKBBXCHB2PROD with SENATE S104 CONGRESSIONAL RECORD — SENATE January 9, 2020 Administrator of the Office of Information IMPEACHMENT we are, more than 3 weeks later, and and Regulatory Affairs, Office of Manage- Mr. CORNYN. Mr. President, it has Speaker PELOSI is still playing her cat- ment and Budget. now been more than 3 weeks since the and-mouse game with these Articles of Mitch McConnell, John Boozman, James House passed two Articles of Impeach- Impeachment. M. Inhofe, John Barrasso, Roy Blunt, Todd Young, Shelley Moore Capito, Mi- ment against the President of the Last night, the Speaker appeared to chael B. Enzi, Lisa Murkowski, John United States. It was a big day for have dug in her heels even deeper when Cornyn, Steve Daines, Lindsey Gra- them at the time and one they have she sent a letter to our Democratic col- ham, Chuck Grassley, Josh Hawley, been dreaming of and speaking of since leagues about the delay. Following the Roger F. Wicker, Marsha Blackburn. the President was inaugurated nearly 3 majority leader’s announcement that The PRESIDING OFFICER. By unan- years ago. every Republican Senator supports imous consent, the mandatory quorum For as long as the House Democrats using exactly the same framework that call has been waived. have been wanting to impeach the was used during the Clinton impeach- The question is, Is it the sense of the President, they spent only a short time ment trial, the Speaker, as you might Senate that debate on the nomination on the impeachment inquiry itself. As imagine, was not particularly happy of Paul J. Ray, of Tennessee, to be Ad- a matter of fact, they rushed headlong because her gambit obviously didn’t ministrator of the Office of Informa- into the impeachment process, and now work. She has zero leverage and zero tion and Regulatory Affairs, Office of they are trying to make up for the mis- right to try to dictate to the Senate Management and Budget, shall be takes that Chairman SCHIFF and how we conduct the Senate trial, just brought to a close? Speaker PELOSI made when proceeding as we had zero leverage and zero input The yeas and nays are mandatory in the first place. into how the House conducted its re- For example, now they want to reliti- under the rule. sponsibilities. gate things like executive privilege and Speaker PELOSI told her caucus that The clerk will call the roll. whether the testimony of other wit- the process is both unfair and ‘‘de- The legislative clerk called the roll. nesses should be included in the Senate signed to deprive Senators and the Mr. THUNE. The following Senators impeachment trial. In other words, the American people of crucial documents are necessarily absent: the Senator House wants to tell the Senate how to and testimony.’’ Clearly, she doesn’t from Tennessee (Mr. ALEXANDER), the conduct the trial. think those documents and testimony Senator from Kansas (Mr. MORAN), and Well, the House had its job to do— were crucial enough to be included in the Senator from Georgia (Mr. and, frankly, I think mishandled it— the House investigation in the first PERDUE). but now they have no say in the way place, but I digress. Further, if present and voting, the the Senate conducts the impeachment The Speaker is trying to make the Senator from Tennessee (Mr. ALEX- trial, when and if Speaker PELOSI de- most out of a very bad situation of her ANDER) would have voted ‘‘yea’’ and the cides to send the articles over here. own creation and intentionally trying Senator from Kansas (Mr. MORAN) Twelve weeks was all it took for House to mislead the American people into would have voted ‘‘yea.’’ Democrats to come up with what they thinking this framework prevents any Mr. DURBIN. I announce that the believed was enough evidence to war- witnesses from testifying, which is a Senator from New Jersey (Mr. BOOKER) rant a vote on Articles of Impeach- false impression. It is demonstrably and the Senator from Massachusetts ment. I think they are experiencing false. These are the same parameters (Ms. WARREN) are necessarily absent. some buyers’ remorse. During that 12 that guided the Clinton impeachment The yeas and nays resulted—yeas 50, weeks, we repeatedly heard House process, during which witnesses were nays 45, as follows: Democrats say how urgent the matter presented by deposition, giving sworn [Rollcall Vote No. 9 Ex.] was, seemingly using urgency as an ex- testimony that was then presented by YEAS—50 cuse for the slapdash investigation the parties. Barrasso Fischer Portman that they did and that they now regret. In 1999, 100 Senators agreed to this Blackburn Gardner Risch When the House concluded their rushed model. You would think if this was fair Blunt Graham Roberts investigation and passed two Articles enough for President Clinton, it would Boozman Grassley Romney of Impeachment, we expected those ar- be fair enough for President Trump. To Braun Hawley Rounds ticles to be sent to the Senate prompt- apply a different standard would be Burr Hoeven Rubio Capito Hyde-Smith Sasse ly. just that—a double standard. Cassidy Inhofe Scott (FL) This will be only the third time in All 100 Senators agreed during the Collins Johnson Scott (SC) Cornyn Kennedy American history where the Senate has Clinton impeachment trial to allow the Shelby Cotton Lankford actually convened a trial on Articles of impeachment managers to present Sullivan Cramer Lee Impeachment, so this is kind of a new, their case, to allow the President’s Thune Crapo Loeffler novel process for most of us here in the lawyers to present their case, and then Cruz McConnell Tillis Daines McSally Toomey Senate. I think there are only 15 Sen- to permit the Senators to ask ques- Enzi Murkowski Wicker ators who were here during the last im- tions through the Chief Justice and to Ernst Paul Young peachment trial of President Bill Clin- get additional information, and then— NAYS—45 ton. Most of us are trying to get up to and only then—decide whether addi- Baldwin Hassan Reed speed and figure out how to discharge tional witnesses would be required. Bennet Heinrich Rosen our duty under the Constitution as a Under the Clinton model, and now Blumenthal Hirono Sanders jury that will decide whether to con- under the model that will be used—the Brown Jones Schatz vict or acquit and, if convicted, wheth- Clinton model that we will be using in Cantwell Kaine Schumer Cardin King Shaheen er the President should be removed. the Trump impeachment trial—if Mem- Carper Klobuchar Sinema This is serious. bers felt like they needed more infor- Casey Leahy Smith Here we are, about 11 months before mation, they could vote to hear from Coons Manchin Stabenow Cortez Masto Markey Tester the next general election. It strikes me additional witnesses. That opportunity Duckworth Menendez Udall as a serious matter to ask 535 Members is still available to them under the Durbin Merkley Van Hollen of the U.S. Congress to remove a Presi- Clinton precedent that will be applied Feinstein Murphy Warner dent who was voted into office with in the Trump impeachment trial. That Gillibrand Murray Whitehouse Harris Peters Wyden about 63 million votes. This is very se- is exactly what happened in the Clin- rious. ton impeachment trial. After the argu- NOT VOTING—5 Well, despite the House leadership ments and evidence were presented, Alexander Moran Warren and Members stating time and again Senators voted to hear from three addi- Booker Perdue before the Christmas holidays how tional witnesses who were then deposed The PRESIDING OFFICER. The yeas pressing the matter of impeachment and whose sworn testimony was then are 50 and the nays are 45. was, there hasn’t been an inch of move- offered. The motion is agreed to. ment in the House since those Articles You know, it makes me a little crazy The Senator from Texas. of Impeachment were voted on. Here when people say that this is a question

VerDate Sep 11 2014 00:16 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JA6.009 S09JAPT1 SSpencer on DSKBBXCHB2PROD with SENATE January 9, 2020 CONGRESSIONAL RECORD — SENATE S105 of witnesses or no witnesses. There of the Articles of Impeachment, over Speaker PELOSI’s California col- were about 17 witnesses, as I count which the Senate had no voice and no league, our friend, Senator FEINSTEIN them, who testified in the House im- vote. Now her job is done, such as it is, from California, said: peachment inquiry. All of that evi- but for sending the Articles of Im- If we’re going to do it, she should send dence, such as it is, is available to the peachment to the Senate. them over. I don’t see what good delay does. impeachment managers to offer here in Speaker PELOSI’s refusal to transmit Well, good for Senator FEINSTEIN. the Senate. If, in fact, the Senate de- the articles unless her demands are Our friend and colleague from Con- cides to do as the Senate did in the met is a violation of the separation of necticut, Senator BLUMENTHAL, said: Clinton impeachment, authorize sub- powers, and it is an unprecedented We are reaching a point where the articles poenas for three additional witnesses power grab. I must say, I have some of impeachment should be sent. or more, that still is the Senate’s pre- sympathy with the Speaker’s position. Senator MURPHY, his colleague from rogative, which is not foreclosed in the Last March, she said that impeach- Connecticut, said: least by this resolution. ment was a bad idea because it was so I think the time has passed. She should Well, the Intelligence Committee divisive, and unless the evidence was send the articles over. alone held 7 public hearings with 12 compelling and the support for the Ar- I think we all share the sentiment ticles of Impeachment was bipartisan, witnesses that totaled more than 30 expressed by Senator ANGUS KING from it wasn’t worth it. Well, that was in hours. Presumably, they are proud of Maine. He said: March of 2019. Obviously, things the product—the evidence—that was I do think we need to get this thing going. produced during the course of those changed, and the best I can tell is she was essentially forced by the radical He has a gift for understatement. hearings or else they wouldn’t have It is high time for the Speaker to conducted them in the first place. This Members of the House Democratic Cau- cus to change her position, and now she quit using these Articles of Impeach- isn’t a matter of witnesses or no wit- ment as a way to pander to the most nesses, as some of our Democratic col- finds herself in an embarrassingly un- tenable and unsustainable position. radical fringes of her party. The Mem- leagues and the media attempts to This isn’t entirely her fault. bers of the House have completed their characterize it; this is a matter of let- While she has been playing games, constitutional role. They launched ting the parties to the impeachment though, with the Articles of Impeach- their inquiry. They did their investiga- decide how to try their case. ment, she has been infringing, I be- tion, such as it was, and they held a I had the great honor, over a period lieve, on the President’s constitutional partisan vote. That is their preroga- of 13 years, to serve as a State court right to due process of law. Due process tive. I don’t agree with it, but that is judge. I presided over hundreds of jury is based on the fundamental notions of their prerogative, and they have done trials during the course of my experi- fairness. That is what we accord every- it. The Speaker should send the Arti- ence as a district judge. Never have I body in a civil or criminal proceeding— cles of Impeachment to the Senate seen a model where the jury decides due process of law. The Sixth Amend- without further delay so we can per- how to try the case. The jury sits there ment, for example, guarantees the form our responsibilities under the and listens to the evidence presented right to a speedy trial for every Amer- Constitution in a trial. by the parties, and that is exactly what ican, and it doesn’t exempt certain I yield the floor. we are proposing here. So this idea of cases no matter how high- or low-pro- The PRESIDING OFFICER. The Sen- letting Senators decide how to try the file they may be. Now, while the Sixth ator from Vermont. impeachment managers’ case or the Amendment right to a speedy trial Mr. LEAHY. Mr. President, this is an President’s case is something totally may not, strictly speaking, apply to an interesting time. I was thinking that novel and unheard of. impeachment trial because this isn’t a over the holiday break. I was home, Setting the rules on whom we hear civil or criminal case, the whole funda- and I talked to many Vermonters. from, when, and how—as the Speaker mental notion of fairness does apply: a These are Vermonters who are Repub- wants to do—on the front end makes no right to a speedy trial. licans, Democrats, Independents, and sense. Let me try an analogy. It would It is clear that while Speaker PELOSI across the political spectrum. All of be like asking an NFL coach to outline dangles these Articles of Impeachment them expressed concerns about how the every play in the Super Bowl—in over the President like a sword of Senate will handle the impeachment of order—before the game actually starts. Damocles, this is not fair to the Presi- President Trump or the trial. He has Well, that is not possible. Having this dent. It is not fair to the Senate. It is been impeached, but now it is the trial. discussion over Speaker PELOSI’s de- not fair, most importantly, to the I suspect that all 100 Senators had mands on witnesses completely ignores American people. This distraction— similar conversations. the fact that this is simply not her pre- this impeachment mania—has con- I have been asked not just about rogative. sumed so much oxygen and attention President Trump’s actions in Ukraine Now, I know the Speaker is a power- here in Washington, DC, that it has but also about how the Senate will con- ful political figure. She rules the House prevented us from doing other things duct a trial and whether the Senate is with an iron fist, but her views simply we know we can and should be doing even capable of holding a genuine, fair have no weight whatsoever, in terms of that would benefit the American peo- trial worthy of our constitutional re- how the Senate conducts its business, ple. sponsibilities. including an impeachment trial under I came here on two occasions to offer I would remind Senators that at the the Constitution. a piece of bipartisan legislation that start of an impeachment trial, we each This has all been diversion and, would lower out-of-pocket costs for swear an oath to do impartial justice frankly, a lot of dissembling and mis- prescription drugs by eliminating some according to the Constitution and laws. leading arguments about things that of the gamesmanship in the patent sys- During my 45 years in this Chamber, I just simply aren’t true. The Constitu- tem, only to find—even though it is a have taken this oath six times, and I tion outlines a bicameral impeachment bipartisan bill, voted unanimously out take this oath extraordinarily seri- process, with each Chamber having its of the Judiciary Committee—that the ously. But I fear the Senate may be on separate and independent responsibil- only person who objected to us taking the verge of abandoning what this oath ities. it up and passing it was the Demo- means. As I said, just as the Constitution cratic minority leader. Those are the The majority leader has vowed a gives the House ‘‘the sole power of im- sort of games that, unfortunately, give quick acquittal before we hear any wit- peachment’’—that is a quote from the Washington and Congress a bad name nesses. He has boasted that he is ‘‘not Constitution—it also gives the Senate and a bad reputation. an impartial juror,’’ and he has pledged ‘‘the sole power to try all impeach- I must say this is not just this side of ‘‘there will be no difference between ments.’’ Nowhere is found a clause the aisle that thinks the time is up for the President’s position and our posi- granting the Speaker of the House of Speaker PELOSI to send the Articles of tion as to how to handle this.’’ He ig- Representatives supreme authority to Impeachment over here. There is bipar- nores the fact that the U.S. Senate is a decide this process. Yes, she has been tisan agreement here in the Senate separate and independent body. Actu- very influential leading up to the vote that it is time to fish or cut bait. ally, what the majority leader said is

VerDate Sep 11 2014 00:16 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JA6.011 S09JAPT1 SSpencer on DSKBBXCHB2PROD with SENATE S106 CONGRESSIONAL RECORD — SENATE January 9, 2020 tantamount to a criminal defendant I presided over the Lewinsky deposi- ate’s eyes and cover its ears. We should being allowed to set the rules for his tion. One of the House managers—Re- be Senators. We should follow our oath own trial, while the judge and jury publican managers—said that ‘‘if [the to uphold justice. promise him a quick acquittal. That is witnesses] are consistent, they’ll say I recognize, of course, that this is an a far cry from the ‘‘impartial justice’’ the same that’s in here,’’ referring to era of deep partisan acrimony. But required by our oaths and the U.S. Con- their previous testimony already be- that was true during the Clinton im- stitution. fore the Senate. Another told Ms. peachment trial, and it was true during Given this, I understand why Speaker Lewinsky: ‘‘Obviously, you testified ex- the Johnson impeachment trial. The PELOSI did not rush to send the Arti- tensively in the grand jury, so you’re question that each of us has to answer cles of Impeachment to the Senate. A going to obviously repeat things now is whether we will allow the label sham trial is in no one’s interest. I today.’’ And the third House manager of Democrat or Republican to matter would say a sham trial is not even in told Mr. Jordan, ‘‘I know that probably more than our constitutional role as the President’s interest. A about every question that could be Senators. We are first and foremost choreographed acquittal exonerates no asked has been asked’’—and, I might U.S. Senators. There are only 100 of us one. It serves only to deepen rifts with- say, answered. to represent over 300 million Ameri- in the country, and eviscerates the And indeed those Republicans were cans. That is why I believe the Senate Senate’s constitutional role. correct. We did not learn anything ma- itself is now on trial. Now, how the Senate conducts the terial from these depositions. I have never seen a trial without wit- trial will be up to each of us. It is not Now, unlike the claims made on the nesses when the facts are in dispute. I up to one or two Senators, and it is cer- other side, the situation today could have tried many, many, many cases, tainly not up to the President. The du- not be more different. The Senate does both in private practice and as a pros- ration and scope of the trial, including not have any prior testimony or docu- ecutor. I have never tried a case where whether to call witnesses or compel ments from four key witnesses: John there are no witnesses. More to the document production, will be decided Bolton, Mick Mulvaney, Robert Blair, point, the Senate has never held a by a simple majority of the U.S. Sen- and Michael Duffey—all people who Presidential impeachment trial with- ate. have significant information about out hearing from witnesses. The Senate I know many on the Republican side what Donald Trump has been charged and the American people deserve, to have said we should postpone any with. We don’t have a single document. have the full story. We shouldn’t be agreement on witnesses. They argue We don’t have a single amount of testi- complicit in a cover-up. that the Senate did that for President mony under oath. Why? Because the I would not suggest to any Senator Clinton’s trial, so why not now. That President directed them not to cooper- that his or her oath requires at this argument sounds reasonable—until you ate with the House, not to testify time a specific verdict—that is going to look at the facts. You know, facts are under oath, and not to say anything. If depend on the trial. But I strongly be- lieve that our oath requires that all always troublesome things. these witnesses had performed their Senators behave impartially and that Today, following President Trump’s legal duty, having been subpoenaed, all Senators support a fair trial, one instruction, nine key witnesses—key and if they had cooperated with the that places the pursuit of truth above witnesses—with firsthand knowledge of House’s inquiry, we wouldn’t be in this fealty to this or any other President, the allegations have refused to cooper- position. ate with the House investigation. Be- There is no question that all Sen- setting the rules for the time to come. The Senate has a job to do. It is not cause of President Trump, they are ators—Republicans and Democrats to rig the trial in favor of—or against— told they are not allowed to testify. alike—will benefit from hearing what President Trump. Impeachment is the Now, compare that to the Clinton trial. those witnesses have to say. All of only constitutional mechanism that Then, every key witness, including them have direct and relevant informa- Congress has to hold Presidents ac- President Clinton, provided testimony tion about President Trump’s actions countable. Whether or not the Senate under oath before the trial. Indeed, we with respect to Ukraine. There is no ultimately votes to convict, if the Sen- had a massive record from the inde- good reason to postpone their testi- ate first enables a cover-up with a pendent counsel to consider: 36 boxes of mony. sham trial, then it means it is placing Take just one, the President’s former material covering the most intimate one President above the Constitution. National Security Advisor, John details of the President’s life. Just In doing so, the Senate would evis- Bolton. My question for all the Sen- think of that, every witness testifying, cerate a foundation of our democracy ators is this: We already know that, ac- as compared to the Trump impeach- that has thus far survived 240 years. No ment, where he wouldn’t allow any key cording to Mr. Bolton’s lawyer, ‘‘he one—no one—is above the law. witness to testify, and even though he was personally involved in many of the I see other Senators waiting to said he wanted to testify, of course he events, meetings, and conversations speak. never did. . . . that have not yet been discussed in I yield the floor. Now, even with all that, even with the testimonies thus far.’’ We already The PRESIDING OFFICER (Mrs. those 36 boxes of material, the Senate know that includes a one-on-one con- FISCHER). The Senator from Florida. did end up hearing from three wit- versation with the President about IRAN nesses during the Clinton trial. Let me Ukraine aid. We already know that Mr. Mr. RUBIO. Madam President, a tell you how that worked. These are Bolton described the President’s aide’s President of the United States is sum- three witnesses who already had given efforts as ‘‘a drug deal.’’ And we now moned by his or her national security extensive, voluminous testimony: Sid- know that Mr. Bolton is willing to talk team and informed that he or she has a ney Blumenthal, he testified before the to us for the first time if asked. How limited window of opportunity in grand jury for three days; Vernon Jor- can we say we are fulfilling our con- which to potentially prevent an attack dan, he testified before the grand jury stitutional duty if we don’t even ask? that could cost the lives of dozens, if for five days and was deposed by inde- How can we ignore such critical, first- not hundreds, of Americans or U.S. pendent counsel; and Monica Lewinsky hand testimony? troops. They are advised this by their had testified for two days before the No matter how each side ultimately national security team—the entire grand jury, was deposed by independent votes on guilt or innocence, the deci- team—in unanimity. What would you counsel, and was interviewed by the sion of whether to keep both the Sen- do? independent counsel 20 times. ate and the American people in the That is the most fundamental and Let’s be clear: Even Republicans, at dark would effectively make the Sen- difficult question that should be asked the time, acknowledged they did not ate complicit in a cover-up. That would of anyone who seeks the Office of the expect to learn new information from fall on the Senate, and that will shape Presidency. It is one of the most im- these witnesses. I know that Repub- our system of checks and balances for portant things we need to know about licans and Democrats picked a small decades to come. It will haunt both those who seek the office and those group of Senators to be there for their Democrats and Republicans. Senate who occupy it. It is the proverbial ‘‘3 depositions. I was one of them. In fact, Republicans must not close the Sen- a.m. call.’’

VerDate Sep 11 2014 00:16 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JA6.013 S09JAPT1 SSpencer on DSKBBXCHB2PROD with SENATE January 9, 2020 CONGRESSIONAL RECORD — SENATE S107 It also happens to describe the choice No. 1, I would start out by saying today of an Iranian commander— before President Trump a few days ago. that there is no legal requirement. The ‘‘Well, we shot missiles, but we didn’t You wouldn’t know that from listening President of the United States has no try to kill anybody’’—are indicative of to some of the rhetoric I see on tele- legal requirement, and, in fact, I be- a desire to deescalate, at least for the vision. The Speaker of the House just lieve has an imperative, inherent in the time being. held a press conference in which the Office, to act swiftly and appropriately The other thing I hear is this: Well, messaging implies that the strike on to the threat against the lives of Amer- the President has no strategy. That is the terrorist, Soleimani, was the act of icans, especially American troops that the problem. There is no strategy. a reckless madman—a reckless and ir- he or she has sent abroad to defend this I think you could argue that they responsible escalation. The alternative country’s interests. haven’t done a good-enough job of out- argument is that, by the way, he No. 2, it is unrealistic and not pos- lining a strategy, but I don’t think it is should have consulted with us before sible. Oftentimes, these windows of op- fair to say they have no strategy. doing it. portunity do not allow you the luxury The strategy begins with a goal. The I reiterate: The entire national secu- of reaching some congressional leader goal is pretty straightforward: a pros- rity team of the President, including in the middle of their ski trip or perous Iran that lives in harmony with the Chairman of the Joint Chiefs, Gen- Christmas break, and even if you could, its neighbors and does not have nuclear eral Milley, has been unequivocal, both there is always the risk that the infor- weapons or continues to support ter- privately and publicly, that he agreed mation would be disseminated and the rorism and terrorist groups. That is the with the assessment and he believed window would close. So I am not sure if goal. How do you achieve it? By Iran’s that this strike was necessary in order what they are asking for is even pos- abandoning its desire for nuclear weap- to protect the lives of Americans from sible. ons and by no longer standing up these a near-term attack. The other thing that is troubling is, I want to be frank. Anyone who left if you listen to some of the rhetoric terrorist groups that, for over a decade a briefing or goes around saying: Well, out there, you would think that the or longer, have been killing Americans I don’t think that that was true, frank- only two options with Iran are a full- and trying to harm Americans, ly, is not questioning the President. scale diplomacy and capitulation to Israelis, and other allies. How else do you achieve it? By im- They are questioning the 40 years of what they are doing or an all-out war. posing crushing economic sanctions, military service that General Milley That is absurd, a false choice. It is a while leaving open the door for real— has rendered this Nation and, frankly, false choice. not fake, not talk for the sake of talk— The President has argued—he said it questioning the judgment of the entire diplomacy, but, at the same time, mak- again clearly yesterday—that he is national security apparatus—all of the ing it abundantly clear that you will ready for serious—serious—and real leadership of the national apparatus— deter, repel, and act against any effort talks toward how Iran becomes a nor- of the United States of America. That to harm Americans. question has been clearly answered by mal nation and its clerical nation be- All this talk about military conflict them. haves in a normal and civilized way. In and U.S. actions overlooks the funda- It is interesting, too, that had the the meantime, he has an obligation— mental fact that what is happening President not acted and, God forbid, this President, a future President, and here is that Iran has decided to respond American lives had been lost, we could past Presidents—to protect America’s to economic sanctions with violence. very easily have been here this week interests and, more importantly, Their response to economic sanctions talking about how the President should American lives and to do so through a has been this: Can we get one of these be removed. There would be a third ar- concept of active deterrence. terrorist groups using weapons that we ticle of impeachment for refusing to What does that mean? Active deter- give them to kill Americans? Can we listen to the experts, for refusing to lis- rence means that the people who want put limpet mines on merchant ships? ten to his military advisers. to harm you decide not to because the Can we attack the Saudis? That has Ironically enough, just yesterday, be- cost of harming you is higher than the been their response to economic sanc- fore this entire Senate had the oppor- benefit of harming you. That is an im- tions: violence. tunity to be briefed by the national se- portant point here. The strike on Presidents don’t have the luxury of curity team, I had a colleague of mine Soleimani was not just about pre- bluffing. You can’t go around saying from across the aisle say: Everything is venting an imminent attack. That, in ‘‘If you kill Americans, there will be going to be fine if the President will and of itself, alone was reason to act, consequences,’’ and then they try to just listen to General Milley and the but the second thing that was impor- kill Americans—or, in the case of Iran, military experts. But he did. Isn’t that, tant was reestablishing active deter- did—and do nothing about it because ironically, at the crux of a lot of these rence. now what you have done is you have in- arguments about Ukraine, that all of For whatever reason, the Iranians vited a committed adversary to do the experts—the career experts, the have concluded that they could go fur- more of it—not just to tragically kill uniformed experts—disagreed with ther than they have ever gone before in one brave American contractor but to what the President was doing? Yet directly attacking Americans or using kill dozens or hundreds of Americans in when he listens to what they say, their proxies to attack Americans. So various spots throughout the world. somehow it is the act of a reckless much so that they tried—they failed, The last point I want to make is all madman. I think that speaks more to but they tried—and could have this talk about an authorization for the hysteria that has overcome our breached our Embassy compound in use of force. I want to begin by sharing politics and has now reached into the Baghdad and killed Americans, civil- my personal view. I believe the War realm of national security. ians, and diplomats, and our military Powers Resolution is unconstitutional. It is also important to note when personnel stationed there. They tried I think the power of Congress resides in people say these things, that those who to. And they could have and want to the opportunity to declare war and to walk around talking about intelligence launch lethal attacks to kill as many fund it. Every Presidential administra- sometimes are not consumers of it on a Americans as they possibly can be- tion, Republican and Democrat alike, regular basis or don’t understand how cause, for whatever reason, they con- has taken the same position. it works. It is never about one piece. It cluded they could get away with it, That doesn’t mean we should never is about patterns and trends and known that we would tolerate it. It was crit- have an AUMF. I think our actions are capabilities and known intentions and ical to the defense of this country, to stronger when it is clear that they about windows of opportunity. That is our national interests, and to the lives have strong bipartisan support from an important point to make. of our men and women in uniform de- both Houses of Congress. I also think As far as consulting with congres- ployed abroad that we restore active all this talk about AUMFs is com- sional leadership before taking this ac- deterrence. pletely and utterly irrelevant to the tion, that is not how things like this Now, time will tell how much was re- case in point. develop. Very rarely do you have the stored, but, clearly, I believe some of it No. 1, under the Constitution of the luxury of time. was restored. Even the comments United States—and the War Powers

VerDate Sep 11 2014 00:16 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JA6.015 S09JAPT1 SSpencer on DSKBBXCHB2PROD with SENATE S108 CONGRESSIONAL RECORD — SENATE January 9, 2020 Resolution, by the way—the President reset that a little bit. That doesn’t attack against Americans that could of the United States not only has the mean we shouldn’t debate it, and I be lethal and catastrophic. authority to act in self-defense but an don’t think you should ever tell Con- This is about restoring active deter- obligation to do so. An obligation to do gress not to discuss these things. We rents, effective deterrents, against fu- so. That is No. 1. have a right to. Frankly, everybody ture strikes, and I hope that we can No. 2, it is especially true in this here has been elected by a constitu- bring that debate back to where it be- case, where the lives and the troops he ency, so people can choose to raise longs so that, on matters of such im- sought to protect were deployed to Iraq whichever issue they want. portance, we can figure out solutions on an anti-ISIS, anti-terrorism mission I also don’t think it is invalid to and not simple rhetoric. approved by Congress through an point out that these internal debates I yield the floor. AUMF, an AUMF that states very we have in this country do have an im- The PRESIDING OFFICER. The Sen- clearly that one of the reasons we are pact on what our adversaries think ator from Maryland. allowed to use military force, as au- they can get away with. It doesn’t RECOGNIZING THE NSA thorized by Congress, is to defend make anyone an appeaser or a traitor, Mr. CARDIN. Madam President, I against attacks. but it is a factor I think people should want to extend the thanks of all Mem- I don’t believe there is a single Mem- recognize. That is all. bers of the U.S. Senate and the Amer- ber of Congress who has the willingness In closing, I would say, look, there ican people to the men and women who to stand before the American people was a time—I am not one of these peo- are serving our Nation at the National and say: I think, when we deploy troops ple who pine for the golden era. It is Security Agency based at Fort Meade, abroad, they should not be allowed to funny. I hear people talking about the MD, the Defense Special Missile and defend themselves. Clinton impeachment trial. Oftentimes Astronautics Center. It has been in ex- Not only do you not need an AUMF people come to me and say: In the good istence since 1964. It is a 24/7 operation. or congressional authority to act in old days, back in the nineties, when ev- I mention that because it was the work self-defense, but the troops who were erybody got together and Congressmen done here in the State of Maryland— defending themselves here—and the were all friends—and I don’t know and I am proud to represent that troops we were defending in the what it was like then because I wasn’t State—that gave the early warning in- Soleimani strike and preventing an at- here, but I remind them that, in the formation that allowed us to get infor- tack against—are deployed pursuant to golden days about which they often mation to our American forces in Iraq a congressional authorization. talk, we were impeaching Bill Clinton and to the Iraqis that, literally, saved Honestly, what I see here, in addition around here. They didn’t do it on social lives. to the arguments I have already dis- media and Twitter and 24-hour cable I want to thank them for their dedi- cussed about how ridiculous it is to news at the time, but there has always cated service. We have the best intel- portray this as the actions of a reck- been friction in American politics. ligence information and the best less madman who is escalating things, One thing I can say that is evident is trained people protecting our Nation, is an argument about when might you that there was a time in American pol- and I just wanted to pause for one mo- need an AUMF. Give us some theo- itics that I hope we can return to, and ment to thank those who are serving at retical, hypothetical scenario in which that is a time which, when it came to the National Security Agency who are you might need an AUMF. The issues of national security, there was keeping us safe. hypotheticals they are posturing are some level of restraint because we un- UNITED STATES-MEXICO-CANADA TRADE ones that this administration has derstood, when it came to that, the AGREEMENT never, never proposed and, frankly, people who would ultimately pay the Madam President, shortly we will be haven’t even contemplated. price for overpoliticizing any issue, for considering the United States-Mexico- No one is talking about an all-out in- reckless talk, and for unnecessary ac- Canada Agreement, the USMCA. It up- vasion of Iran. If you were telling me cusations were not the political fig- dates and replaces the North American the President is putting together plans ures. Presidents and Ayatollahs don’t Free Trade Agreement, NAFTA. I sup- to invade Iran, to go in and capture die in conflicts like these. Do you know port the USMCA and supported it ear- territory, to remove the Ayatollah and who dies? The young men and women lier this week, when it passed the Sen- install a new government, I would say: we send abroad, the innocent civilians ate Finance Committee on a strong 25- All right, that is something that there caught in the middle, and the refugees to-3 vote. This strong vote was possible should be a debate about. who are forced to leave their homes as because of the hard work of Democrats Who is talking about that? I haven’t a result. in the House and Senate to make this heard anybody propose that. Yet, There are real-world, life-and-death agreement the strongest, fully enforce- somehow, the House today is going to implications. That is why it has long able, pro-environment, pro-labor trade spend time on this. People have filed been American tradition that, when it agreement the United States has ever bills on this. Look, we can debate any- comes to issues of foreign policy and entered into. thing we want. People can file any bill national security, they were always First let me talk about why I think they want. That is a privileged motion. treated just a little bit differently, trade is important. I would point out It comes to the floor. Great. with some deference. Even if you dis- to my colleagues that the maiden By the way, no one said: Don’t go agreed, you sort of tailored it in a way speech I gave in the House of Rep- around talking about this; just be that you thought would not harm those resentatives when I was first elected quiet. interests. was on trade and the importance of Perhaps it should have been stated I think that has been lost, probably, trade agreements. I recognized how im- more artfully, but the point that was on both sides. I still make it a habit portant the Port of Baltimore was to being made, which is a valid point, is when I travel abroad not to discuss or our economy and how important free that, when the Iranians analyze re- criticize U.S. leaders at home, but I un- trade and trade was to the Port of Bal- sponses to the United States, one of derstand times have changed. timore. So, clearly, trade agreements the things they look at is this: Do do- I would just say, in this particular are critically important to the people mestic politics and differences of opin- case, I know that this Nation remains of Maryland, and they are important to ion and divisions among American offi- conflicted about the conflicts that led this country. cials restrain what the President can us into Iran and Afghanistan and that First, international trade can lead to do against us? You may not like it, but keep us in the region to this day. That better economic outcomes. From lev- I want to be frank with you. They be- is a valid, valid debate. I just don’t eling the playing field for American lieve that our political differences in think this looks anything like it. This businesses to ensuring our trading this country and that our disagree- is about a strike that every single partners have adequate labor standards ments constrain the President’s ability member of the President’s national se- to make competition fair, trade can be to respond to attacks. They believe it curity team, including the chairman of the catalyst for these outcomes. Sec- limits his ability to deter. Now, hope- the Joint Chiefs, believes was nec- ond, trade can raise the standard of liv- fully the strike on Soleimani may have essary in order to prevent a near-term ing for citizens in this country.

VerDate Sep 11 2014 00:16 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JA6.016 S09JAPT1 SSpencer on DSKBBXCHB2PROD with SENATE January 9, 2020 CONGRESSIONAL RECORD — SENATE S109 Tariffs can disproportionally harm billion worth of chickens in 2017, sur- the way I approach trade. I believe we lower income Americans. If the cost of passing that milestone for the first should use the economic power of the things like milk, soap, or school sup- time. Our poultry industry production United States to advance human rights plies goes up because of higher tariffs, grew 12 percent from 2016 to 2017. and good governance in other countries it doesn’t mean these families will stop The growth in value came even as the that may comparatively struggle on buying these essentials. It means they amount of chickens produced on the that front. I also believe we should not will have less to spend on other essen- Eastern Shore declined by about 10,000 have favorable free-trade agreements tials they depend on to keep their fam- pounds to about 1.84 million pounds. with countries that do not believe ilies safe and healthy, like clothes and Maryland is the Nation’s ninth largest human rights and good governance are medicine. producer of broiler chickens. important to uphold. Trade agreements allow us to ensure This additional market access is good Because of my focus on this require- a zero or low tariff price for these for Maryland’s poultry industry be- ment in 2015 and thanks to USTR Am- items on which Americans depend, cause it means more poultry produced bassador Robert Lighthizer, the which raises the standard of living for in Maryland will make its way to Can- USMCA is a trade agreement that for all of us. ada and Mexico, creating jobs and sup- the first time includes a chapter on Third, trade is important to U.S. for- porting the economy here locally. anti-corruption and good governance. eign policy. The world can be better, The agreement also included a few This is our first agreement that in- safer, and a fairer place when we are provisions that are very important for cludes such a chapter, and I anticipate working with our allies. Trade agree- small businesses. Most important to this will be the template for any future ments ensure the rest of the world many small businesses is a provision trade agreement involving the United starts to act a little bit more as we do, that raises the level of the so-called de States. with our values. minimis customs and tariff treatment The USMCA’s anti-corruption chap- This administration’s harmful and of goods. The de minimis system is im- ter includes a number of commitments nonstrategic trade policy has strained portant to small businesses. For exam- on transparency, integrity, and ac- our relationship with our allies, includ- ple, small sellers who list their goods countability of public institutions and ing Canada and Mexico. I think it has on eBay or Amazon frequently ship to officials. been misguided and damaging to the consumers not in the United States. First, on anti-corruption laws, under future of our country, but this agree- Under the de minimis system, if a ship- the USMCA, countries are required to ment has the potential to begin a heal- ment under the de minimis level outlaw embezzlement and solicitation ing process with our North American crosses the border, it enjoys expedited of bribes by public officials and must neighbors: Canada and Mexico. customs and lower tariff treatment make it a criminal offense for anyone As we move forward with trade than larger shipments would. to offer bribes to public officials to in- agreements, it is important that our Under this agreement, the United fluence their official duties or to offi- values are represented in those agree- States agreed to increase its customs cials of foreign governments or inter- ments, that we strengthen American de minimis levels to $800 for exports to national organizations to gain a busi- values. I support good governance and Mexico and Canada, and Mexico and ness advantage. protecting workers and our environ- Canada have made favorable changes I know that sounds like a no-brainer. ment, and I am pleased that they are to their systems. As ranking member Why wouldn’t all countries already included in such agreements. of the Small Business and Entrepre- have those types of laws? But the re- For more than 25 years since the en- neurship Committee, this was a wel- ality is that they don’t. The reality is actment of NAFTA, our economy has come change to ensure small busi- that many of our trading partners have changed dramatically, from the pro- nesses aren’t bogged down by unneces- corrupt systems, and that puts Amer- liferation of the Internet, which has sary redtape. ican companies at a disadvantage. But changed how businesses can easily be The agreement’s small business chap- also, we should be using our economic connected to the rest of the world, to ter also includes support for small power to advance our values. This how consumers shop, compare prices, businesses to promote cross-border co- chapter carries that out. and buy goods and services from all operation, tools for small businesses to Second, on transparency and ac- around the world, and it is clear that identify potential opportunities and in- countability, under the USMCA, coun- NAFTA is a trade agreement that crease competitiveness, and public- tries must take proactive steps against didn’t foresee these changes with our sharing tools to promote access to cap- corruption by implementing and main- two largest trading partners. In addi- ital. These are important issues to taining accounting and auditing stand- tion, over time, we identified weak- highlight for small businesses. ards and measures that prohibit the nesses in NAFTA and other free trade Finally, the initial agreement in- creation of false transaction records agreements that needed to be ad- cluded a landmark achievement for the and off-the-book accounts. dressed. first time in U.S. trade history: It in- Third, the USMCA requires parties to All that is to say that NAFTA is cluded a full chapter on anti-corrup- create codes of conduct and procedures overdue for an update. For the past 21⁄2 tion. for removal of corrupt officials, as well years, the administration, congres- During 2015, when the Senate was as adopt measures requiring officials to sional leaders, and our trading partners considering so-called fast-track trade disclose outside activities, invest- have been engaged in the process to up- promotion authority, under which the ments, and gifts that could create con- date NAFTA to be a trade agreement USMCA is now being considered, I au- flicts of interest. for the 21st century. In late 2018, an thored a principal negotiating objec- Fourth, on public engagement, under agreement was reached between the tive in the trade promotion authority USMCA, countries must agree to pro- United States, Canada, and Mexico. Im- legislation that requires any trade mote the engagement of the business portantly, reaching this agreement al- agreement the USTR negotiates to em- community, NGOs, and civil societies leviated the threat of this administra- phasize good governance, human in anti-corruption efforts through in- tion to unilaterally withdraw from rights, and the rule of law. These are formation campaigns, developing eth- NAFTA. our values. These values need to be re- ics programs, and protecting the free- The agreement reached in 2018 was, flected in our trade agreement. It is an dom to publish information about cor- in my view, incomplete and largely important step toward a level playing ruption. just continued the existing NAFTA, field for trade with the United States Finally, on good regulatory prac- but it did have some provisions impor- for our farmers, our producers, and our tices, under the USMCA, countries tant to me and my constituents in the manufacturers. We know our system is must follow a transparent regulatory State of Maryland. a fair system, but in so many other rulemaking process, which the agree- Maryland is home to a thriving poul- countries we deal with, that is not the ment clarifies includes publishing the try industry. The agreement includes case. proposed regulation with its regulatory new market access to Canada for U.S. This principal negotiating objective impact assessment, an explanation of poultry. Maryland farms produced $1 really represents an enduring theme in the proposed regulation, a description

VerDate Sep 11 2014 00:16 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JA6.017 S09JAPT1 SSpencer on DSKBBXCHB2PROD with SENATE S110 CONGRESSIONAL RECORD — SENATE January 9, 2020 of the underlining data and other infor- Teamsters. Truly, this is an agreement cision. This is a huge step forward in mation, and the contact information of that is good for labor. quickly identifying and addressing any responsible officials. Another critical aspect of the environmental action that needs to be USMCA further requires parties to USMCA is that it ensures that our taken under this agreement. follow the U.S.-like system of notice trading partners meet the environ- In addition, the agreement includes and comment periods for proposed reg- mental standards of this country. We an additional $88 million of funding ap- ulatory rulemaking in which the regu- want a level playing field. We also propriated over the next 4 years for en- lators are required to consider com- want to help our environment. vironmental monitoring and enforce- ments of any interested party, regard- With respect to the environment, the ment to ensure that the goals of the less of nationality, which means Amer- updated USMCA is a significant im- USMCA’s environment chapter can be icans will have input in the regulatory provement over the original NAFTA. realized. This includes $40 million ap- process in Canada and Mexico, which The USMCA incorporates environ- propriated over the next 4 years for the has direct effect on our access to their mental obligations into the agreement new environment sub-fund Senator markets. itself, which are subject to dispute set- CARPER and I pushed to create under The countries also agreed to publish tlement, unlike the original NAFTA, the USTR’s existing Trade Enforce- an early planning document of regula- which only included an unenforceable ment Trust Fund, which will be dedi- tions the country intends to revise in side-agreement. cated to enforcement of the USMCA’s the next 12 months and to ensure that The USMCA includes upgraded com- environmental obligations. regulations are written in a clear, con- mitments on topics including fisheries As I mentioned, the United States- cise, and understandable manner. subsidies, marine litter, and conserva- Mexico-Canada Agreement establishes The USMCA encourages authorities tion of marine species. an Interagency Environment Com- to consider the impact of new regula- Democrats secured amendments to mittee, led by the USTR, which will co- tions when they are being developed, the agreement, as well as provisions in ordinate U.S. Government efforts to with particular attention to the bene- the implementing bill, to strengthen monitor implementation of its environ- fits and costs of regulations and the the ability of the United States to mental goals. It also establishes up to feasibility of other approaches. monitor and enforce the obligations three new environment-focused This is an incredibly important and ensure that the parties are bound attache´s in Mexico City to help ensure achievement, and it is important as a to their environmental obligations. Mexico is living up to its environ- model for U.S. agreements going for- I want to acknowledge my colleague mental obligations. It includes new re- ward. Senator CARPER, the ranking member porting requirements to regularly as- By including the good governance of the Senate Environment and Public sess the status of Mexico’s laws and and anti-corruption provisions in the Works Committee, which I also sit on. regulations that are intended to imple- USMCA, we are signaling to our trad- Together, we pushed to improve this ment its environmental obligations to ing partners and the rest of the world agreement with respect to the enforce- help ensure Mexico is living up to its what our values are—yes, economic ability of the environmental provi- commitments. values, but also the principles we ad- sions. We were happy to see this agree- We believe the USMCA is a strong, vance. ment include many of the things Sen- enforceable agreement that makes However, with these good achieve- ator CARPER and I worked and pushed positive strides in protecting the envi- ments in the original USMCA, the to have done. ronment. As this agreement is imple- agreement did not go far enough. There Included in the new USMCA is a new mented, I will be watching to ensure was no deadline to getting it done trigger mechanism to give environ- that the other parties to this agree- quickly, so we chose to get it done mental stakeholders an expanded role ment live up to the promises they are right. in environmental enforcement matters making in this bill. I wanted to see strict, high standards and create accountability for the ad- In closing, I support the USMCA be- in the USMCA on labor, environment, ministration with regard to seeking en- cause it will help raise the living and more. Democrats were united in vironmental enforcement actions standards for Marylanders, cuts red- this message. Democrats worked be- under USMCA. tape for small businesses, and unites us hind the scenes with labor and environ- Under the existing NAFTA, any per- with our allies. The provisions of the mental stakeholders to identify issues son in a NAFTA country can make a USMCA protect the environment, help and create solutions that could make submission to an intergovernmental labor organizing efforts, fights for good this agreement one we could support. organization established by NAFTA to governance and against corruption, and Do I think the USMCA lives up to address environmental issues, alleging is enforceable. these standards? Yes, I do. The updated that a NAFTA partner is not living up I urge my colleagues to support the USMCA includes important provisions to its environmental obligations. You legislation when it comes to the floor. regarding labor standards, which have can do that. Submissions undergo a I yield the floor. the potential to improve working con- public factfinding process by the head The PRESIDING OFFICER. The Sen- ditions and create a more level playing of that body, which produces a factual ator from Colorado. field for U.S. workers. record if the allegation is found to have IRAN These changes include the Brown- merit. Mr. GARDNER. Madam President, I Wyden rapid-response mechanism, Here is where the problem comes in: come to the floor to speak about the which enables the United States to Once the production of that factual policy of the United States toward the take swift enforcement action against record is done, there is no enforcement Islamic Republic of Iran. I commend imports from individual facilities, and mechanism. We have corrected that. the administration for taking decisive stronger labor obligations in the agree- Through this new trigger mechanism action last week in Baghdad against ment. The changes include a number of in the USMCA that was developed, if a Tehran-backed terrorists planning an other important labor issues, including factual record is produced, the new imminent attack on American targets. strengthened labor obligations, new Interagency Environment Committee, The administration’s action with labor-monitoring mechanisms, and headed by the USTR, will have 30 days Qasem Soleimani was not only decisive extra funding for labor efforts. The im- to review the record and make a deter- but necessary and legal under long- plementing bill includes new mecha- mination as to whether to pursue en- standing Presidential authority to pro- nisms and resources to ensure that the forcement actions under USMCA tect American lives from imminent at- U.S. Government effectively monitors against the violating country. If the tack. It is our obligation, it is our duty Mexico’s compliance with the labor ob- committee, headed by the USTR, de- to protect American lives, especially ligations. cides not to pursue enforcement ac- when our national security agencies The result of these labor additions tions under USMCA, within 30 days and personnel know the imminent dan- earned support for the USMCA by the after its determination, the committee ger of attack. AFL–CIO, United Steelworkers, and must provide Congress with a written The President made the right call at the International Brotherhood of explanation and justification of its de- the right time to neutralize the threat

VerDate Sep 11 2014 00:16 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JA6.018 S09JAPT1 SSpencer on DSKBBXCHB2PROD with SENATE January 9, 2020 CONGRESSIONAL RECORD — SENATE S111 and to save American lives. Imagine an American. The administration ap- On May 21, 2018, Secretary of State having done nothing—having done propriately retaliated against this Mike Pompeo delivered a speech at the nothing—and allowing the attacks to group on December 29. Then, on New Heritage Foundation, which clearly proceed. That is exactly what hap- Year’s Eve, Iran-backed militias be- stated the administration’s objectives: pened. At yesterday’s classified brief- sieged and damaged the U.S. Embassy Iran must forgo its nuclear aspirations, ing, General Milley and our national in Baghdad for 2 days, forcing the ad- cease its support for terrorism, and re- security personnel made it clear: The ministration to take prudent measures spect the human rights of its people. death of General Soleimani saved lives. to prevent further violence. Secretary Pompeo said: Our duty in Congress is to protect When Soleimani was caught plotting Any new agreement will make sure Iran the United States, its people and inter- additional attacks against American never acquires a nuclear weapon, and will ests, diplomats, and our men and targets, the administration took lawful deter the regime’s malign behavior in a way women in uniform around the globe. and appropriate action. I now urge the JCPOA never could. The actions taken by our military in Tehran to take the opportunity to de- We will not repeat the mistakes of past ad- escalate tensions immediately. The ad- ministrations, and we will not renegotiate Iraq undoubtedly saved American lives the JCPOA itself. The Iranian wave of de- and addressed a clear, compelling, and ministration must also continue tak- ing all necessary steps to keep our struction in the region in just the last few unambiguous threat. years is proof that Iran’s nuclear aspirations The world should not mourn Qasem troops, diplomats, and countries safe, cannot be separated from the overall secu- Soleimani—a man whose name is syn- and to regularly consult with Congress rity picture. on next steps. onymous with murder in the Middle Secretary Pompeo was clear that It is my hope that diplomacy ulti- East as the head of the Islamic Revolu- once Iran changes its behavior, it will mately prevails, but we must not re- tionary Guard Corps’ Quds Force, reap the benefits, stating: which is designated as a terrorist orga- peat the mistakes of the past. Iran’s enmity toward the United States [The United States is] prepared to end the nization under U.S. law; a man who principal components of every one of our stretches over decades, not just months was personally designated as a ter- sanctions against the regime. We’re happy at or weeks. Following the Islamic Revo- rorist battlefield commander by Presi- that point to re-establish full diplomatic and lution in Iran in 1979, the ruling dent Obama. The Quds Force was the commercial relationships with Iran. mullahs held 52 American diplomats tip of the spear for the regime in its And we’re prepared to admit Iran to have hostage for 444 days, releasing them advanced technology. If Iran makes this fun- terrorist activities abroad and is re- only on January 20, 1981, the day Presi- damental strategic shift, we, too, are pre- sponsible for thousands of deaths dent Ronald Reagan was sworn into of- pared to support the modernization and re- across the region. fice. Two years later, on April 18, 1983, integration of the Iranian economy into the Most importantly, according to the a truck laden with explosives rammed international economic system. Pentagon, Soleimani was responsible into the U.S. Embassy in Beirut, Leb- I hope the latest events have made it for the deaths of over 600 American anon, killing 17 Americans. On October clear to Tehran that the United States servicemembers in Iraq. GEN David 23, 1983, a similar attack on the U.S. will never back down from protecting Petraeus, who commanded our forces Marine barracks in Beirut killed 241 our people, our interests, and our al- in Iraq, stated last week that in his American servicemen. Overwhelm- lies. Now the ball is in Tehran’s court opinion, taking out Soleimani was big- ingly, the evidence led to Iran and its to choose the path of peace or the path ger than bin Laden, bigger than wholly owned subsidiary, Hezbollah, as of confrontation. It is my sincere hope Baghdadi. the perpetrator of these attacks. that they choose the path of peace. In other words, President Trump rid The Iranian regime has not changed I yield the floor. the world of an extreme and lethal in 40 years. It targeted and killed The PRESIDING OFFICER. The Sen- enemy of the American people—some- Americans during the Iraq war, sup- ator from Delaware. one who was actively pursuing and had ported Shiite militias, and supplied Mr. CARPER. Madam President, I killed and taken American lives. I fail deadly explosives used to target our have come to the floor today to talk to understand how anyone can question troops. Iran continues to prop up the for a while about the nomination of this decision or its rationale. I know regime of the murderous Bashar al- Paul Ray to serve as Administrator of they certainly did not—and rightfully Assad in Syria. The Iranian regime reg- the Office of Information and Regu- so—when President Obama took out ularly refers to the United States as latory Affairs. I will do that, but first bin Laden. the Great Satan and threatens our ally, I want to take a few minutes to set the We expected an Iranian response, and Israel, which they call Little Satan— record straight on what we just heard. on Tuesday, Iran launched a ballistic threatens to wipe them off the face of Tom Friedman, who writes for the missile attack against bases in Iraq the Earth. The mullahs continue to New York Times, is a famous author, hosting U.S. troops. I condemn these grossly abuse the human rights of their lecturer, and a brilliant guy. Among attacks in the strongest terms, and we own people, as demonstrated by recent the things he has mentioned in his are fortunate that they did not result bloody crackdowns on protesters in writings over the last 3 years is some- in any casualties. Iran that have claimed hundreds and thing called the Trump doctrine. The I do not want war with Iran, but the hundreds of innocent lives. Trump doctrine goes something like President did not take this action in a Despite all of this, in 2015, the Obama this: Barack built it. I, Trump, broke vacuum. Contrary to claims by some of administration rewarded Tehran with a it. You fix it. my colleagues in this very Chamber, it sweetheart deal known as the Joint There are any number of examples is Iran that has escalated tensions, not Comprehensive Plan of Action, or where that has happened: Paris accords the United States. Over the last several JCPOA, which paved a patient pathway on reducing emissions of carbon diox- months and years, Iran has sharply es- to a nuclear weapon for Iran, lifted all ide on our planet and the Trans-Pacific calated its malign behavior against the meaningful sanctions against the re- Partnership, where the United States United States and our allies. gime, and did nothing to constrain would lead 11 other nations in a trade On June 13, the IRGC attacked two Iran’s malign behavior in the region. agreement around the world. Those 12 oil tankers in the Strait of Hormuz, a Iran used the billions of dollars that nations would be responsible for 40 per- critical global shipping lane. On June were provided in the JCPOA to dra- cent of the world’s trade. Under that 20, the IRGC shot down a U.S. un- matically increase its terror funding agreement negotiated in the last ad- manned aerial vehicle in international and its military funding. ministration, the Trans-Pacific Part- space. September 14, Iran sponsored an The Trump administration rightly nership, we would lead that 12-nation attack on Saudi Arabia’s oil facilities, exited the JCPOA in May 2018 and re- group in 40 percent of the world’s temporarily cutting off half of the oil imposed crippling economic sanctions trade. China was on the outside look- supply of the world’s largest producer. against the regime. They have been ing in. This administration walked December 27, Iranian proxy group clear with Iran that the door to diplo- away from that. Kataib Hezbollah carried out a deadly macy remains open if Iran changes its The greatest source of carbon emis- attack against a base in northern Iraq, behavior and complies with inter- sions in our planet and the greatest killing an American civilian—killing national norms. threat to the future of the planet for

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Again, Tom Friedman, who gave us During the confirmation process—as The last administration negotiated a the Trump doctrine: Barack built it. I, the Presiding Officer knows—witnesses 50-State deal, which would have re- Trump broke it. You fix it. This is just and nominees come before us from the duced emissions from mobile sources another example of that happening. We administration. They have been vetted dramatically in the years to come. shouldn’t be surprised by the events of by the administration. They have gone This administration broke away from the past week. It didn’t have to be that through staff interviews. Then they it. They walked away from it. The last way. It didn’t have to be that way. come to a committee hearing. We also administration negotiated a rule regu- I think in the country of Iran, half of ask questions of the nominees that are lation to dramatically reduce emis- the people are under the age of 25. They relevant to the jobs they are going to sions from the second greatest source were never born when the original Aya- do. of carbon emissions in this country and tollah was in charge, and they had the Every now and then, you have a from our utilities: coal-fired utilities, Iranian revolution. The younger people nominee for a particular position who primarily. If you add together the re- there would like a better relationship is not forthcoming in his or her re- duction in carbon dioxide emissions with us. They have elections there, too, sponses, so we do something called going forward from our mobile sources where people can actually show up and QFRs, which are questions for the negotiated by the last administration vote—men and women—vote for munic- record. They are designed to give the and negotiated in a regulation called ipal elections, for mayors, city coun- nominee another bite at the apple in the Clean Power Plan, they would pro- cils, and so forth, for Parliament— responding to the questions that Demo- vide almost half of the emission reduc- their Congress is called the Par- crats and Republicans have. A lot of tions by 2050 that we need—almost liament—for their President. I think times, the nominees are forthcoming, half. This administration walked away the last time they voted was 3 years and that is good. The nominations then from both. ago. You know which forces gained move forward, and they get confirmed. The last administration argued that votes? They don’t have Democrats or I have learned, if nominees are not rather than always be threatening war Republicans over there. They have forthcoming and are not responsive to with Iran and doing these proxy wars hard-liners, and they have moderates. the oversight questions we ask before with Iran, maybe what we should focus The moderates gained election vic- they get confirmed, good luck after on is the main thing. A friend used to tories in mayoral elections across the they get confirmed, for it doesn’t get advise me. He said: TOM, the main country and city council elections any better. I don’t care whether you thing is keep the main thing the main across the country. The moderates happen to be a Democrat or a Repub- thing. The reason why we negotiated picked up a lot of votes in the Par- lican; you have to be concerned about the JCPOA deal with Iran was to deter liament. The hard-liners lost votes. the reluctance and the unwillingness of Iran from developing and having nu- The actions of this administration nominees to respond to reasonable clear weapons that could create a nu- over the last 3 years have pushed Ira- questions regardless of who is in the clear arms race in the Middle East and nian voters, including a lot of young White House and regardless of who is in put them and, I think, the rest of our people, away from supporting the mod- the majority of this body. planet, literally, at risk. Under the erates in their Nation and pushed them Let me say a word or two about agreement negotiated with Iran and six into the arms of the radical extremists, OIRA. OIRA plays a central role in es- other nations—including the United the hard-liners. It didn’t have to be tablishing regulatory and information States, the Brits, the French, the Ger- that way. It didn’t have to be that way. collection policies across our entire mans, the Russians, the Chinese— I don’t know how we put this mess Federal Government. OIRA oversees under the agreement, the Iranians had back together again, but we need to. I the rulemaking process from start to to agree to stand down, to slow down am not sure. I don’t have a lot of con- finish—from the reviewing of drafts of much of their nuclear enrichment that fidence that this administration is proposed and final rules, to managing could actually lead to nuclear weapons. going to be able to do that, given their the interagency review process, to en- They had to agree to intrusive inspec- track record over the last 3 years—at suring agencies make rulemaking deci- tions by the IAEA, the international least on this issue. sions based on sound cost-benefit anal- watchdog for atomic energy. In return NOMINATION OF PAUL J. RAY yses. for their willingness to do those things, Madam President, let me talk about The Administrator of OIRA is a criti- we would reduce the very harsh sanc- Paul Ray. Paul Ray is a bright young cally important position because, at tions that had been put in place by the man. He is the kind of person I think the end of the day, he or she is respon- last administration—very harsh eco- most of us would say: He ought to be in sible for ensuring that rules promul- nomic sanctions. an administration. I don’t care if it is gated by agencies benefit our society, The Iranians did what they agreed to a Democratic administration or a Re- protect our quality of life, protect our do. They stood down their develop- publican administration. He is smart, health, protect our safety, and protect ment. They opened up their facilities well educated, and has good experience. our environment. to intrusive inspections by the IAEA He has been the nominee to head some- Earlier today, I joined a number of for the last 4 years. There were almost thing called OIRA, the Office of Infor- my colleagues on the Committee on 20 different rounds of inspections, each mation and Regulatory Affairs, an en- Environment and Public Works in a of which came to the same conclusion: tity that exists within OMB. letter to Mr. Ray. We asked him to re- Iran, whether we like it or not, wheth- I have met him. He has come to my view concerns that have been raised re- er we like their leaders or not, kept office to talk with me. He is a very po- cently by the EPA’s Science Advisory their word. Some of us remember what lite young man. He has been before our Board about four specific rulemakings Ronald Reagan used to talk about. He committee. I voted today against his that are currently under review. used to say that in terms of doing nu- confirmation. I will tell you why. The The EPA’s Science Advisory Board clear deals with the Russians—the So- Committee on Homeland Security and found serious concerns with the Trump viets—he used to say: ‘‘Trust but Governmental Affairs used to be the administration’s clean car standards verify.’’ Committee on Governmental Affairs. I rule, with the administration’s pro- Well, what we did with the Iran deal served on it for 19 years. One of the posed mercury and air toxics rule, with was mistrust or distrust. We didn’t things I love about that committee is the administration’s clean water rule trust them, but we would verify that that we have oversight over the whole rollbacks, as well as with a proposed they were keeping their word. Whether Federal Government. Every committee EPA secret science rule, which will we like it or not, surprisingly, they we serve on, including committees the have the effect of limiting the science

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Either the cost-benefit process, at least for this nominee—and past. analysis was deficient or insufficient, I think he is well qualified and bright— IRAN the Agency did not use the best avail- takes a thumb and sticks it in the eye Mr. President, I also want to say a able science, or the legal rationale that of checks and balances. few things about the situation in Iran underpinned the rule was faulty. Unfortunately, should this body vote and about some of the comments that In case you are wondering who se- to confirm Mr. Ray, his general ap- we have heard here on the floor today. lects the members of this EPA Science proach of nonresponsiveness to the First of all, I think it is important to Advisory Board, as it turns out, it is committee’s vetting process sets a con- set the record straight when it comes the President. In this case, all 44 mem- cerning precedent, not just for him and to the Iran deal. We hear people say: bers of the EPA Science Advisory not just for nominees of this agency, Well, we never should have walked Board were nominated or were renomi- but for future nominees and subsequent away from it. Let me tell you some- nated under this administration, by oversight efforts to hold the executive thing. We should never have been in it this President. They said that there branch accountable. in the first place. We should never have are serious problems with the four It has been my privilege to serve on been in this. How in heaven’s name rulemakings that I just mentioned. the Committee on Homeland Security could anybody have thought it was a They are not Obama’s people. They and Governmental Affairs for 19 years good idea to put $1.7 billion of cash on were nominated by this President. now. We are an oversight committee a pallet, stick it on a plane, and fly it Mr. Ray has served in top leadership that conducts oversight not just over to Iran? Whoever would have thought positions at OIRA since June of 2018. the whole Federal Government but on that? First, he was an Associate Adminis- matters that are important to our Na- The Iran nuclear deal was not some- trator. Then, in March of last year, he tion outside of the government. One of thing that helped to stabilize an issue; was promoted to Acting Administrator. our core duties is to ensure that nomi- it incentivized Iran to do bad things. Mr. Ray has presided over or has been nees are forthcoming and provide the See, the Iran deal included a lifting of involved with dozens of controversial Senate with the information we need sanctions on Qasem Soleimani. Where rulemaking decisions in the last year to do our jobs. was the first place he went? Where was and a half at OIRA, including the Eventually, we are going to have an the first place he went to get somebody rulemakings outlined in the letter that election. Who knows who is going to to help to fund the Quds Force—to help I mentioned we are sending him today. win the next time and who will be in That is why, during the vetting proc- fund all of this terrorism? He went to the majority here in this body? Yet, ess of his nomination, I, along with my Russia—to his friends. This is why the under any administration, we should colleagues on the Homeland Security Iran deal was not a good thing. expect the nominees who appear before Now, you can say they had to open and Governmental Affairs Committee, the Senate to be forthcoming and to their nuclear facilities to the IAEA, asked for information about Mr. Ray’s but there was a little caveat in there background and his work in the last provide us with the relevant informa- year and a half at OIRA, which is with- tion we need to adequately vet their that doesn’t get talked about a lot. in the OMB. Specifically, we asked him nominations. They opened it with notification. Well, For these reasons, I must reluctantly about his involvement in many con- if you are going to get prior notifica- note my opposition to Mr. Ray’s nomi- troversial regulatory rulemaking deci- tion that somebody is going to look at nation for now and urge my colleagues sions that have been put forward by the your company, to look at your oper- current administration. Unfortu- to do the same. ation, to look at your house, to look at I yield the floor. nately—sadly, really—Mr. Ray and the your country, what are you going to The PRESIDING OFFICER (Mr. Office of Management and Budget have do? You are going to clean it up, and YOUNG). The Senator from Tennessee. you are going to hide things. That is refused to provide the Senate with the Mr. CARPER. Will the Senator yield? information needed to vet Mr. Ray’s the Iran deal. They didn’t stop enrich- Mrs. BLACKBURN. I yield to the ing uranium. What they did was enrich nomination. As best as I can tell, they Senator. didn’t even try. it right up to the point at which it was The PRESIDING OFFICER. The Sen- just under the mark. Did they give it Unfortunately, throughout the vet- ator from Delaware. ting process, Mr. Ray apparently re- up? No, they didn’t give it up. IRAN fused to answer the Senators’ questions My colleague had mentioned the by asserting privilege or deferring to Mr. CARPER. Mr. President, before Reagan term of ‘‘trust but verify.’’ the OMB’s General Counsel more fre- Senator BLACKBURN arrived on the Thank goodness we have a President quently than any past OIRA nominee floor, I talked about Iran, as many of who decided he would verify, and thank who has ever appeared before our com- us have. I mentioned the opposition goodness we have an intel community mittee. Something is wrong with that. that some folks in Iran had—that the and a U.S. military that did the heavy I don’t care if you are a Democrat or a Revolutionary Guard Corps Quds Force lifting of figuring out what needed to Republican in this body or if the nomi- had—to actually entering into negotia- be done. nee comes from a Democratic Presi- tions with the United States and five When you hear one of my colleagues dent or a Republican President; some- other nations to get the Iran deal, the ask, ‘‘How do we put this back together thing is wrong with that. JCPOA. As far as I can tell, nobody was or can we ever put it back together?’’ In fact, Mr. Ray asserted privilege or a stronger opponent to Iran’s negoti- we have started putting it back to- deferred to counsel 19 times in his pre- ating with us and five other nations— gether. We have done it by saying: All hearing questionnaire responses alone. nobody, as best I can tell, was a strong- right, folks, here is our redline. Guess Is that a lot? That may well be more er opponent for Iran’s doing that, for what. This redline means something. times than any other nominee in the sitting down and trying to work things This redline is drawn with the blood of history of this agency. Think about out—than Soleimani. hundreds of Americans who have been that. While it might be appropriate to We are not going to miss that guy, killed by this murderous villain. It is a withhold or redact particular content but he was one of the strongest oppo- redline of justice. in some narrow circumstances, Mr. nents who had actually taken what, I So let’s not have happy talk when it Ray and the OMB’s Office of General think, was a reasonable course. Sadly, comes to this situation with Iran. Let’s Counsel have misapplied overly broad this administration walked away from make certain we understand what has privileges to avoid providing Congress it. transpired. We know that our military with critical information and docu- I thank my colleague for yielding. and our intel communities watched for ments related to his work at OIRA. NOMINATION OF PAUL J. RAY 8 months as there was escalating vio- Have you ever heard of checks and Mrs. BLACKBURN. Mr. President, let lence. We know that violence was or- balances? There is a reason we have me begin by saying that Paul Ray is a chestrated by none other than

VerDate Sep 11 2014 00:16 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JA6.023 S09JAPT1 SSpencer on DSKBBXCHB2PROD with SENATE S114 CONGRESSIONAL RECORD — SENATE January 9, 2020 Soleimani himself. Intelligence pro- United States, and the U.N. He wasn’t TRIBUTE TO LAUREN OPPENHEIMER vided to senior administration officials a bureaucrat. He was not one of many Mr. MERKLEY. Mr. President, I want prior to the strike confirmed that respected generals. to take a few moments to recognize an Soleimani had posed a defined threat The Ayatollah called him a living individual, Lauren Oppenheimer, who, to the United States. martyr in his lifetime, but I intend to after nearly 5 years as an invaluable When we speak about Iran in the con- call him exactly what he was—a ruth- member of my team, has recently text of conflict versus deterrence, we less terrorist and a shameless, even moved on to begin the next chapter of are not referring to a government or a proud, engineer of hatred, death, and her career. We all on Team Merkley military organization. It is important destruction. That is his legacy. are very sad to see her go, but we do to note and for the American people to His tendency toward violence as a de- feel extraordinarily fortunate that she know that Iran is the world’s largest fault was thrown into full relief when hasn’t gone far—just over to Senator state sponsor of terrorism. Do you President Trump withdrew from that JONES’ office on the other side of the know who it points that terrorism to? Iranian nuclear deal, just as I said a Hart building. So Oregon’s loss has Isn’t it interesting. Iran tends to have moment ago. been Alabama’s gain. little bywords. It says: This is our In early May of last year, the intel Lauren joined my team in 2015, back goal—to destroy America, to destroy indicated an increased threat from when I was a member of the Banking Israel. That is what Iran has been up Tehran, and between May and Sep- Committee, to handle that important to. It has nurtured a proxy network tember, Iran and its proxies per- portfolio. It was a position that she that has helped it to claw its way into petrated more than 80 violent attacks was extremely qualified for, having a the heads of regional leaders who are in the region—80—on us and our allies, wealth of experience working on those either too weak or who are wholly un- 80 attacks. They attacked multiple issues in both the House and at the willing to resist those overtures. tankers and commercial vessels. They Center for American Progress. But Relationships with Russia and with downed an American drone. They took then a seat opened on the Foreign Re- Bashar al-Assad in Syria have kept Ira- out 5 percent of the world’s oil supply. lations Committee, and I had to turn in nian leaders a part of mainstream con- Now we find out that they have taken my credentials for Banking in order to versations about national security. out a jetliner. take that Foreign Relations position. Hezbollah in Lebanon is a close They used their own drones to attack Well, we knew that that really kind a Saudi airport. A suicide bomber mur- friend of Iran, and their support of mi- of undermined the vision of why dered four Afghans and wounded four litias and Houthi rebels in Yemen adds Lauren had come to our team, to really U.S. troops traveling in a convoy in to the aura of chaos around Iran’s ac- take on that set of banking issues. It eastern Kabul. tivities. Soleimani was very confident, but would not be an understatement to say So what does all of this have to do perhaps he should have thought a little it was not a completely thrilling day with a targeted strike on one man? harder about the increased level of vul- when I shared this news with her. That one man has spent a lifetime But being the dedicated team mem- nerability he had built into his expand- doing exactly what he was doing the ing network, because he didn’t die in a ber that she is, she willingly and gra- day he died—using violence and intimi- hidden bunker or behind the walls of a ciously took on a new role within the dation to bring Shiite ideology into fortified compound. He died in public team and a whole new portfolio of prominence and, to quote the notorious while traversing the Middle East, de- issues to work on—issues like election Ayatollah Khamenei, ‘‘end the cor- fining impunity and even taking selfies reform and telecom, judicial nomina- rupting presence of America in the with proxy terrorists. He did every bit tions, rules reform. It might not have Middle East.’’ of this in violation of U.N. resolutions. been the job that she signed up for, but That is what they thought. Those are He died because his aggression she excelled at it nonetheless. She ex- their comments, their words—not morphed into a pattern of arrogance celled because she is extremely smart mine, not the President’s, not the mili- and violent escalation that U.S. offi- and talented and because she is pas- tary’s, not the intel’s—the Ayatollah’s. cials could not, in good conscience, sionate about her work, and she threw That is what he said. continue to allow. herself into this new set of issues. Soleimani took to the frontlines with This month Iranian officials lost I mean it when I say she is pas- the Revolutionary Guard in 1979. That their chief terrorist, but they have sionate. A quick conversation about may trigger some thoughts of Jimmy gained an opportunity, and, I will tell Fintech can last for hours, as she Carter, Ronald Reagan, and American you, the ball is in their court. excitedly informs you about all of the diplomats and citizens that were held Their retaliatory strikes against our recent developments in that emerging hostage. shared bases in Iraq did nothing to re- industry—an industry, by the way, Soleimani was not a new arrival to pair their image as a belligerent and that I had hardly heard of before the terrorist community. Sometime deeply vulnerable regime. If their lack Lauren came to my team. between 1997 and 1998 he was named of precision was calculated, no one got Martin Luther King, Jr., once said: commander of the Quds Force. Under the intended message. ‘‘Human progress is neither automatic his leadership, the Revolutionary The Iranians are now left with two nor inevitable.’’ It requires ‘‘the tire- Guard has gained control of over 20 choices, and they are theirs. Pick one. less exertions and passionate concern percent of Iran’s economy, and the We hope they choose well. of dedicated individuals.’’ Well, Lauren Quds Force has extended its influence Option No. 1, they can come to the is certainly one of those dedicated and to all Gulf States, Lebanon, Syria, table and behave like a normal coun- passionate individuals, and throughout Iraq, Afghanistan, and Central Asia. try. They are a country rich in re- her time on Team Merkley, she has He controlled Iran’s intervention in sources and smart, educated people. helped move our country forward in support of Assad in Syria and was the Come to the table and behave like a ways large and small. primary architect of Hezbollah in Leb- normal country in the community of For years she has worked on ensuring anon. They have built up and trained nations and allow deterrence to make a the implementation of the Volcker scores of Hezbollah and Houthi fight- comeback. rule, a key part of the Dodd-Frank Act, ers, as well as Shiite militias in Syria Option No. 2, they can risk being re- which closed the Wall Street casino by and Iraq, and those Iraqi militias killed minded that the United States will de- separating old-fashioned banking from more than 600 U.S. troops during the fend to the death the redline that sepa- high-risk, high-leverage bets on the fu- Iraq War. rates justice from chaos, and the Amer- ture prices of stocks and exchange Soleimani made much of his mili- ican people are going to make certain rates and interest rates and commod- taristic role, but he was a general in that we continue to go after monsters ities—bets that placed our entire bank- name only. He hid behind a uniform who crusade as the declared enemies of ing system and economy at risk. while designing, devising, conducting, freedom. Lauren wrote the bipartisan SAFE and advising terror plots, and that is I yield the floor. Banking Act, which had its hearing in what earned him a spot on the list of The PRESIDING OFFICER. The Sen- the Banking Committee just a couple people sanctioned by the EU, the ator from Oregon. of months ago, to ensure that legal

VerDate Sep 11 2014 00:16 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JA6.024 S09JAPT1 SSpencer on DSKBBXCHB2PROD with SENATE January 9, 2020 CONGRESSIONAL RECORD — SENATE S115 cannabis and hemp businesses have ac- Oppenheimer said: The best way to find The result was announced—yeas 50, cess to the same banking services as out is to go down to the border your- nays 44, as follows: any other business. She established the self. [Rollcall Vote No. 10 Ex.] Senate Cannabis Working Group to co- Thank you, Lauren, for playing such YEAS—50 ordinate the Senate’s efforts around a critical role in all of these efforts. Barrasso Fischer Portman this issue. You are such a valued member of our Blackburn Gardner Risch She has worked to ensure the integ- team, and you are still valued as a Blunt Graham Roberts rity of our judicial system by vetting member of our team. You will always Boozman Grassley Romney Braun Hawley the nominations for judgeships and, in be a member of our team, even as you Rounds Burr Hoeven Rubio one case, produced significant insights go on to work for our colleague from Capito Hyde-Smith Sasse and records that resulted in the Senate Alabama. Cassidy Inhofe Scott (FL) Collins Johnson Scott (SC) rejecting the nomination of Ryan Our office notices your absence, with- Cornyn Kennedy Shelby Bounds for the 9th Circuit. out the energy and enthusiasm ema- Cotton Lankford Sullivan In her spare time, Lauren has been Cramer Lee nating from your desk and your un- Thune fighting to save our democracy. Earlier ceasing willingness to take on new Crapo Loeffler Cruz McConnell Tillis this year she created my ‘‘Blueprint challenges and your very valuable Daines McSally Toomey For Democracy’’ to introduce six spe- work to mentor other team members. Enzi Murkowski Wicker cific bills, and she was the point person Know that all of us on the team wish Ernst Paul Young on my team for finalizing the Senate you the very best as you continue to NAYS—44 version of the For the People Act, a fight for a better world in this new Baldwin Hassan Reed comprehensive election reform bill chapter of your career. Bennet Heinrich Rosen which takes on anti-democratic prac- I am excited that you are returning Blumenthal Hirono Schatz tices such as gerrymandering, voter to your world of expertise, the world of Brown Jones Schumer Cantwell Kaine Shaheen suppression, and dark money. banking. I may be calling you now and Cardin King Sinema But beyond those accomplishments then to get your insights on that set of Carper Klobuchar Smith and many others that I haven’t men- issues that you know so well. Casey Leahy Stabenow Coons Manchin Tester tioned, she made one contribution that All of us look forward to seeing the Cortez Masto Markey Udall I will always remember and deeply ap- insights and understanding you will Duckworth Menendez Van Hollen Durbin Merkley preciate. As many are aware, I spent a help us gain from your perspective Warner significant amount of time over the when you are fully immersed in the Feinstein Murphy Gillibrand Murray Whitehouse last year and a half shining a light on banking world. It will be valuable to Harris Peters Wyden the Trump administration’s policy of all of us in the Senate and valuable to NOT VOTING—6 cruelty toward immigrants, refugees, our Nation. Alexander Moran Sanders and asylum seekers on our southern I thank you for your service. Booker Perdue Warren border. I suggest the absence of a quorum. Even though immigration issues are The PRESIDING OFFICER. The The nomination was confirmed. not in her portfolio, it was Lauren who clerk will call the roll. The PRESIDING OFFICER. The ma- inspired me to get involved. I was read- The legislative clerk proceeded to jority leader. ing the speech by former Attorney call the roll. Mr. MCCONNELL. I ask unanimous General Jeff Sessions—a speech labeled Mr. TESTER. Mr. President, I ask consent that the motion to reconsider his ‘‘zero tolerance’’ speech—and the unanimous consent that the order for be considered made and laid upon the name didn’t strike me as unexpected. the quorum call be rescinded. table and the President be immediately But when I read the details, it sounded The PRESIDING OFFICER. Without notified of the Senate’s action. as if the plan was to discourage refu- objection, it is so ordered. The PRESIDING OFFICER. Without objection, it is so ordered. gees from coming to our border by de- VOTE ON RAY NOMINATION liberately traumatizing children, to rip The PRESIDING OFFICER. All f them out of their parents’ arms. postcloture time has expired. LEGISLATIVE SESSION I refused to believe that any Amer- The question is, Will the Senate ad- Mr. MCCONNELL. Mr. President, I ican administration would ever actu- vise and consent to the Ray nomina- move to proceed to legislative session. ally do this, and, as I was expressing tion? The PRESIDING OFFICER. The the belief that no American adminis- Mr. WYDEN. I ask for the yeas and question is on agreeing to the motion. tration would ever resort to hurting nays. The motion was agreed to. children as a strategy to deter immi- The PRESIDING OFFICER. Is there a f gration and would not resort to a strat- sufficient second? egy of hurting children to do anything There appears to be a sufficient sec- EXECUTIVE SESSION that is not acceptable under any moral ond. code or set of ethics or religious stand- The clerk will call the roll. ards, it was Lauren who said: There is The legislative clerk called the roll. EXECUTIVE CALENDAR one way to find out, and that is to go Mr. THUNE. The following Senators Mr. MCCONNELL. Mr. President, I down to the border. are necessarily absent: the Senator move to proceed to executive session to So I went that next weekend, that from Tennessee (Mr. ALEXANDER), the consider Calendar No. 498. next Sunday, and became the first Senator from Kansas (Mr. MORAN), and The PRESIDING OFFICER. The Member of Congress to see the children the Senator from Georgia (Mr. question is on agreeing to the motion. being sorted into cages after being sep- PERDUE). The motion was agreed to. arated from their parents and to be Further, if present and voting, the The PRESIDING OFFICER. The turned away from any conversation in Senator from Tennessee (Mr. ALEX- clerk will report the nomination. front of a former Walmart where I had ANDER) would have voted ‘‘yea’’ and the The bill clerk read the nomination of heard that hundreds of separated boys Senator from Kansas (Mr. MORAN) Peter Gaynor, of Rhode Island, to be were being held. would have voted ‘‘yea.’’ Administrator of the Federal Emer- The video of that really sent a mes- Mr. DURBIN. I announce that the gency Management Agency, Depart- sage to the entire Nation of what this Senator from New Jersey (Mr. BOOKER), ment of Homeland Security. administration was hiding, but the fact the Senator from Vermont (Mr. SAND- CLOTURE MOTION that I was there at that processing cen- ERS), and the Senator from Massachu- Mr. MCCONNELL. Mr. President, I ter and the fact that I was there at setts (Ms. WARREN) are necessarily ab- send a cloture motion to the desk. that former Walmart, seeking to find sent. The PRESIDING OFFICER. The clo- out what was going on with those hun- The PRESIDING OFFICER. Are there ture motion having been presented dreds of boys who had been taken from any other Senators in the Chamber de- under rule XXII, the Chair directs the their parents, was because Lauren siring to vote? clerk to read the motion.

VerDate Sep 11 2014 01:28 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JA6.026 S09JAPT1 SSpencer on DSKBBXCHB2PROD with SENATE S116 CONGRESSIONAL RECORD — SENATE January 9, 2020 The bill clerk read as follows: I remember friends going to Vietnam days and the days ahead. I pray that CLOTURE MOTION and Korea. I have spent many hours God will bless Jocelyn Burdick’s mem- We, the undersigned Senators, in accord- sitting and talking with Gold Star par- ory. ance with the provisions of rule XXII of the ents. As Governor, I watched Florida I yield the floor. Standing Rules of the Senate, do hereby National Guard units leave for wars in The PRESIDING OFFICER. The Sen- move to bring to a close debate on the nomi- the Middle East. ator from North Dakota. nation of Peter Gaynor, of Rhode Island, to The cost of war is great. As Ronald Mr. HOEVEN. Mr. President, today I be Administrator of the Federal Emergency Reagan said, ‘‘Freedom is not bought rise, along with my colleague Senator Management Agency, Department of Home- CRAMER, to honor former Senator from land Security. cheaply.’’ We should never forget that. Mitch McConnell, John Thune, Ron I am praying for our brave men and North Dakota Jocelyn Burdick. She Johnson, Mike Rounds, Richard Burr, women in uniform—some of them Flo- was the first woman to represent the Kevin Cramer, Pat Roberts, Roger F. ridians—headed overseas to protect State of North Dakota in the U.S. Sen- Wicker, Cindy Hyde-Smith, Thom Americans and prevent an escalating ate. My wife Mikey and I were sad- Tillis, John Cornyn, Tim Scott, Mike conflict, and I am praying for peace. dened to hear of her recent passing, Crapo, Steve Daines, John Boozman, These heroes put their lives in danger and we want to extend our sincere con- Shelley Moore Capito, James E. Risch. to defend our Nation, and we cannot dolences to all of the Burdick family. Mr. MCCONNELL. I ask unanimous thank them enough for their sacrifice As I said, I, along with Senator consent that the mandatory quorum and their service. We must recognize CRAMER, have introduced a resolution call be waived. the dangers and threats that our world to honor Senator Jocelyn Burdick and The PRESIDING OFFICER. Without faces today, and we must always stand her service to the people of North Da- objection, it is so ordered. together united to defend freedom and kota and the United States in this The Senator from Florida. democracy. body. IRAN I yield the floor. Jocelyn was born in Fargo, ND. She Mr. SCOTT of Florida. Mr. President, The PRESIDING OFFICER. The Sen- attended Principia College and North- President Trump is working to defend ator from North Dakota. western University and began her ca- the freedom of our country. He was REMEMBERING JOCELYN BIRCH BURDICK reer as a radio announcer in Moorhead, right to take swift and decisive action Mr. CRAMER. Mr. President, on the MN. to kill one of the world’s worst mon- day after Christmas, former Senator On September 12, 1992, Jocelyn Bur- sters. Soleimani was responsible for Jocelyn Burdick died in Fargo, ND, at dick became the first woman from the the death and maiming of thousands of the age of 97. State of North Dakota to serve in the Americans and tens of thousands Jocelyn served only 30 days, rough- U.S. Senate. She was appointed by worldwide. He ordered the attack on ly—or 3 months, maybe, at the most— then-Governor George Sinner to fill the the United States Embassy in Iraq. He in the United States Senate while she seat of her late husband, Quentin Bur- had plans to kill more Americans. filled the vacancy that was created by dick, whom she served alongside during There are some in this body who are the death of her husband, the longtime his 32 years in this body, the U.S. Sen- trying to curtail the President’s au- United States Senator, Quentin Bur- ate. The Burdick family has a long his- thority to defend Americans and defend dick. During those 3 months, Jocelyn tory of public service. American interests. This is not only was able to cast votes as her husband During her time in the Senate, she foolish; it is fool hardy. Our President would have cast them and to support helped to establish the Quentin N. Bur- does and should have the authority to his staff after his death and through dick Indian Health Program at the defend Americans, period, but it is an the transition to fill the vacancy in a University of North Dakota, sup- authority he doesn’t take lightly. special election. Jocelyn will forever porting healthcare training programs President Trump is right to use re- hold a place in North Dakota history for Native Americans, and helped to se- straint and avoid further escalation as North Dakota’s first woman United cure funding for the Federal court- unless Iran continues their provo- States Senator. house in Fargo named after her late cations. However, her service in North Da- husband. The regime in Iran—a regime that kota goes far beyond those 3 months Jocelyn was a Sunday school teacher chants ‘‘Death to America’’ and wants she served in the Senate. All of us Sen- and devoted member of the Christian to wipe Israel off the face of the map— ators know the importance and the in- Science Church. She served as presi- needs to know that the United States credible service of our spouses. Jocelyn dent of the local Parent Teacher Asso- will not tolerate acts of aggression stood by Quentin’s side for 32 years ciation, recorded public service an- against America or our allies. The while he served our State here in this nouncements raising awareness of sub- death of Soleimani was a strong warn- important body. stance abuse and drunk driving, and ing, but they should also know they Throughout her life, Jocelyn em- was nationally recognized for her phi- have the opportunity to become pro- braced her place in public life with tre- lanthropy on behalf of the Gamma Phi ductive members of the world commu- mendous grace, dignity, and class. She Beta sorority. nity and bring peace and prosperity to demonstrated by example how people I knew Jocelyn Burdick, and she was their people. The choice is theirs. We can be principled in their beliefs, yet a fine person. I join with the people of all want peace, and the greatest deter- friendly, cordial, even affectionate North Dakota in expressing our appre- rent to war is our economic and mili- while having different political views. I ciation for her service on behalf of our tary strength, but Iran must make the am honored to be standing here using State and our Nation. choice for peace. It is a choice that is her desk—Quentin’s desk. To be a part With that, I yield the floor. theirs alone. of this heritage is a great honor for me. The PRESIDING OFFICER (Mr. During this trying time, I want to The impact of her life well lived can BRAUN). The Senator from Ohio. pause and take a moment to remember be seen in countless ways, especially as UNITED STATES-MEXICO-CANADA AGREEMENT the brave men and women of our a philanthropist, as a political and Mr. BROWN. Mr. President, in the Armed Forces. We often forget in community volunteer, and certainly as fall of 2016, just 4 years ago, I heard Washington that the people carrying a woman of deep faith. Jocelyn’s mem- Candidate Trump repeatedly promise out the orders of our Commander in ory will remain alive in the hearts of to get rid of the North American Free Chief are just that—people. They are all of those who had the privilege to Trade Agreement—to pull out of it, to not pieces on a chess board. They are know her. renegotiate it, or to fix it so that it fathers and mothers, sons and daugh- Kris and I join Senator HOEVEN and worked better than it did. ters, brothers and sisters. Mikey, and many, many North Dako- I didn’t support Donald Trump for I remember my father talking about tans in sending our condolences and President. I think he has been a less his experience in World War II—a con- our best wishes to the Burdick family. than honest President with whom I dis- flict he certainly had no expectation to We pray that fond memories and the agree in terms of his character and in return from. He loved his service to our deep affection so many people held for terms of his work product, but that is country but never forgot those we lost. Jocelyn will comfort them in these really not the point. The point was

VerDate Sep 11 2014 01:28 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JA6.028 S09JAPT1 SSpencer on DSKBBXCHB2PROD with SENATE January 9, 2020 CONGRESSIONAL RECORD — SENATE S117 that I liked what he said about getting this President betrayed workers again the President of the United States’ out of NAFTA. I know what NAFTA by giving us a trade agreement that stepping into the issue of trade, specifi- did to the Presiding Officer’s home was no better than the ones he had cally in North America, for it was a State of Indiana. I know what it did to campaigned against. settled issue between Canada and Mex- Dayton, OH; to Cleveland, OH; to Can- Yet, this year, a number of us—Sen- ico. Yet we asked the question: Should ton, OH; to Youngstown, Toledo, Mans- ator WYDEN of Oregon, Speaker PELOSI, we revisit NAFTA? field, Springfield, Zanesville, and to al- Congresswoman DELAURO of Con- At that time, a lot of people said that most every community in my State. So necticut, and organized labor—banded the trade agreement was complicated I welcomed the President’s saying that. together and said: No, Mr. President. and hard and that we shouldn’t touch The reason I thought these trade We are not going to pass another cor- the trade agreement, that we should agreements were so bad for our country porate trade agreement. We are not just leave it alone. With all of its warts was that these trade agreements were going to pass another special interest and all of its faults, it is what it is. always written by corporate interests trade agreement that sells out workers Don’t touch it. to serve the needs of the executives and and enriches corporate executives over Instead, the President chose to step the major stockholders of the corpora- and over. We are not going to buy that into the North American Free Trade tions. In fact, they not only were not again. We are saying no to that. Then Agreement and say: No. We are going written for workers, but they under- we said: We will support your USMCA to renegotiate this deal. It is 25 years mined workers. I have never voted for only if you include strong language for old, and it needs a revisit. Against the a trade agreement. I voted against workers. many people who were pushing against NAFTA, and I voted against the Cen- So we got the Brown-Wyden amend- him, he pushed through that and said: tral American Free Trade Agreement. I Let’s start all over again. ment in this agreement. 1 voted against permanent normal trade Finally, after a year—the President In the past 2 ⁄2 years, the Trump team relations with China—one after an- fundamentally refused to talk to us has renegotiated the deal and brought other after another—because I saw that about it, and the U.S. Trade Rep re- it back to Congress, where it passed with overwhelming bipartisan sup- these trade agreements were written fused to seriously include this lan- port—finally—in the House. It sat on for corporate interests and that they guage—they realized: Wait a second. If the House’s desk for 14 months before betrayed workers. we don’t do this, we will never get an- those in the House took it up. Finally, What happened is that companies other USMCA. So just a few weeks ago, after 14 months of their not taking it would shut down production in Canton President Trump and U.S. Trade Rep- up, they passed it with overwhelming or in Niles or in Bryan or in Lima, and resentative Lighthizer finally agreed bipartisan support. It has now gone they would move overseas, build fac- to put in strong labor language. through the Committee on Finance tories there, and sell those products Do you know what that means? It here in the Senate with a vote of 25 to back into the United States. That was means that the center of our trade 3, and it is headed toward the floor of what happened with these trade agree- agreement now—the center of our the Senate, to the President’s desk, ments. Corporations liked them be- trade policy—is workers. Workers are and finally to getting this issue re- cause they could exploit low-income now at the center of our trade policy, solved about North American free workers. They liked them because not corporate interests that send jobs trade. their profits could be greater. They overseas, not pharmaceutical compa- Now, with this issue between Canada liked them because they had no respon- nies that make even more money when and Mexico, I have had some folks ask sibility to their workers when they they go to China, not other kinds of me: Why is it such a big issue? It is a would move overseas and sell the prod- corporations that outsource their jobs big issue because Canada and Mexico ucts back. That was their mission. and have their whole business plans un- are our No. 1 and No. 2 trading partners That was the way these companies did dermining workers. in the world. Far and away, Canada and business. So I welcomed the President’s Do you know what else that means? Mexico are our biggest trading part- doing that. It is good news for places like Gallip- ners. Our trade relationships are essen- Then, about a year ago, the President olis and Zanesville and Mansfield and tial not just to every border State but presented the new NAFTA. He called it Lima and Chillicothe and Columbus to States like my State. In Oklahoma, the United States-Mexico-Canada and Dayton and all of these commu- Canada and Mexico are also our biggest Agreement, the USMCA. When he pre- nities in my State. It is good news for trading partners. They are vital to our sented it to the Congress, it was more them because, for the first time, they economic success and have been key to of the same. It was almost exactly the can look to our trade policy and see what has happened in NAFTA over the same. It had a few little tweaks, but that workers are the center of that last 25 years. fundamentally the President again be- trade policy. Yet now, after all of the negotiations trayed the workers, as all of these In years and years here, I have never and all of the noise, we finally have a trade agreements do. The President’s voted for a trade agreement. I have al- revised area in trade that has needed to bill, the President’s USMCA, was again ways opposed NAFTA and CAFTA and be addressed with things like intellec- a giveaway to corporate interests. In PRT with China. Last week, in the tual property, which is a new chapter fact, there was a provision in there for Committee on Finance, because they in what is now called the USMCA or the drug companies that was maybe included Brown-Wyden, because work- what people call NAFTA 2.0. This sim- worse than I had ever seen in a trade ers are now at the center of our trade ple change is not so simple when trying agreement. The White House, I admit, policy, I cast my vote for a trade agree- to deal with intellectual property does look like an executive retreat for ment that will matter, that will help theft, whether it be a camcorder re- drug company executives except on workers in my State. It is a good move. cording in a movie theater somewhere Tuesdays and Fridays, when it looks It means not just that this trade agree- in Mexico, whether they sell pirated like a retreat for Wall Street execu- ment will be better; it means, in the fu- copies, which has been an issue, or tives. ture, that any President who wants to whether it is just the ownership of pat- The President presented this USMCA pass a trade agreement will have to do ents and how things actually move to us, and it was the same ol, same ol. what we did this year over the resist- from place to place. Can you confiscate It fundamentally would mean more ance of President Trump. He will have property that is illegally produced at jobs would be outsourced, more profits to do what we did this year and put each border crossing, and how is that for corporations, and more exploitation workers at the center of our trade pol- managed? That is addressed for the of low-wage workers. Because of his icy. first time in this agreement—trying to USMCA, even more companies would I yield the floor. protect American patent owners from shut down in Lima or in Zanesville or The PRESIDING OFFICER. The Sen- not having their patents stolen once in Gallipolis or in Portsmouth or in ator from Oklahoma. they leave and go to Canada or Mexico. Chillicothe and move overseas to look Mr. LANKFORD. Mr. President, if I Twenty-five years ago, digital trade for cheap labor and weaker labor laws go back 21⁄2 years, there was a lot of was not a major issue in NAFTA. Obvi- so they would make more money. So turmoil and a lot of conversation about ously, it is a very significant issue for

VerDate Sep 11 2014 03:28 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JA6.036 S09JAPT1 SSpencer on DSKBBXCHB2PROD with SENATE S118 CONGRESSIONAL RECORD — SENATE January 9, 2020 us now, and it is finally addressed in I yield the floor. of those places of warmth for the com- this agreement, as well as how we are The PRESIDING OFFICER. The Sen- munity of Talkeetna and the sur- going to handle digital services and ator from Alaska. rounding areas. Talkeetna is about 100 digital trade. TRIBUTE TO DOUG AND APRIL MOORE miles north of Anchorage. It is a must- There is something very important Mr. SULLIVAN. Mr. President, it is visit stop when you come to Alaska. to my State, and that is agricultural the end of the week here, a Thursday Why? Well, it is absolutely beautiful. It trade and how agricultural goods are at least, on the Senate floor, and it is is the gateway to Denali National going to move. Now, the vast majority that time of the week that I usually Park, and if you would like to take a of this USMCA agreement lines up ex- come down and talk about somebody flightseeing tour of Denali, it almost actly with the NAFTA of the past, but who is making my State such a great certainly is going to take off in there are some areas that were prob- place to live in, somebody who is doing Talkeetna. lems in the NAFTA of the past that great things for their community, So I encourage everybody who is had to be addressed, one of those being somebody I refer to as a group or indi- watching here in the Gallery or on TV, wheat, for instance. viduals as our Alaskan of the Week. you have to come to Alaska. You have When wheat moved from the United So this is kind of exciting. The pages to visit—winter, summer, fall, spring, States into Canada, Canada down- usually see this as the most exciting it doesn’t matter. You will have the graded that wheat to a lower grade so speech of the week because they learn best trip of a lifetime. Go to Talkeetna. that our Oklahoma farmers would get about Alaska. It is also a unique town in many less profit for that because they down- This is our first Alaskan of the Week ways—Alaska unique. It was the model graded that wheat as it moved across of the year. I am sure the Presiding Of- for the TV show, many years ago, the Canadian border. This agreement ficer is even excited about that. It is ‘‘Northern Exposure.’’ Its honorary settles that issue. That was just Cana- actually the first one of the whole dec- member for 10 years was a cat named dian protectionism. It wasn’t that the ade, so stand by. Stubbs. So you get the picture. It is a wheat was of a lesser quality; it was Now, usually I give these speeches town filled with generous and warm just that they were trying to protect and talk a little bit and update about people who love their State, their com- Canadian wheat instead of having an what is going on in Alaska. munities, their country. actual free market. I just spent a glorious holiday, New Our Alaskans of the Week today are This is a free trade area. The tariffs Year’s, Christmas in Anchorage and Doug and April Moore. They are the and the fees go away across North Fairbanks over the last couple weeks. owners of an iconic store in Talkeetna, America if we can have a level playing We passed the winter solstice. That is Moores’ Hardware and Building Supply. field. In areas in which we don’t have a the shortest day of the year. Now, it It is a hardware store with a heart and level playing field, like with Oklahoma might not feel like that in Alaska, but a place for the community to gather, wheat competing with Canada’s wheat, actually the days are getting longer, particularly in the winter, and it is a we are taking that on. I feel confident getting more sunlight, but the cold has place that the Moores run to reflect that Oklahoma wheat is going to win hit, winter has come. the value of families and communities that fight, and given this new trade In Anchorage, our largest city, my that they hold so dear. agreement, we get the opportunity to hometown, temperatures just last So let me tell you a little bit about win that. weekend when I was home were drop- There are lots of areas in the agree- ping into the 15-below-zero range. In the Moores. Doug’s parents and his ment that help us in agriculture. There the interior of Alaska—that is a little brother moved from Anchorage to are areas in digital trade and intellec- more north—it hit 65 below zero in Talkeetna in 1981, when Doug was a tual property, as well as in multiple Manley Hot Springs on December 27. preteen and his parents wanted to live other areas of manufacturing. That is That rivals the winter temperature on in a smaller community, smaller than why so many groups and so many indi- Mars. OK? It is cold. Anchorage, and they wanted to own viduals have looked at this and have I was in Fairbanks. That is part of their own business. So they chose a gone back to the Trump administra- the interior, beautiful Fairbanks, tool store housed in a Quonset hut. tion, with some of my Democratic col- where it has been close to 40 below the Like many small business owners all leagues begrudgingly swallowing hard last couple weeks. I went out and took across Alaska, all across America, they and saying: This is a good agreement a run. I am not sure I realized it was got to work—hard work, long hours, for America in the future. This does that cold. It was only about 20 below on but that is what they did. help us keep jobs here. This helps us my run. It was kind of cold, but it was The younger Moores worked at the continue to have a level playing field still a nice run. We have a lot of folks store when they were growing up, but for trade. who get out and enjoy the beautiful Doug chose to be a surveyor when he I congratulate the Trump adminis- winter, beautiful temperatures. was in college, and eventually he ran tration for its 21⁄2 long years of very I mentioned in the interior—the ele- into April, his wife, at a restaurant in hard work to get to this agreement. I mentary school in Nenana recently Talkeetna. Because it is a small town, am grateful that we are nearing an posted that they were going to cancel they knew each other. They had grown agreement with China, a phase No. 1 school if it hit 55 below zero. up just a quarter mile apart, but things agreement. It is much needed because So these are tough people, especially clicked at that restaurant. China has been a major problem in in- having just witnessed Washington, DC, After they got married, Doug and tellectual property theft and in its hav- close the whole darn city because they April decided they wanted to run the ing an unfair trading platform. I am had a half inch of snow, but I am di- family business, the hardware store, grateful the administration has also gressing here. and they wanted it to stay in the fam- completed the first stage of a major, We live in extremes in Alaska, but, ily. new trade agreement with Japan. for many of us, that is exactly why we Fast forward to now. If you live in Those are our four largest trading part- live in Alaska. Toughing out these ex- Talkeetna, and you want to build a ners, and it is significant to our econ- treme temperatures together certainly house, you want to make repairs, you omy not just in the short term but in makes us closer, brings communities need a hammer, a nail, or just for a cup the long term that we continue to have together, makes people rely on each of coffee, their store is more than 10,000 stable free trade areas in as many other. We are a huge State geographi- square feet, with a staff of about 20, places as we can. cally, but a small, tight-knit State in with more in the summer. The staff I am confident in the American terms of population, and we get loves the place. They love the Moores worker. When given the opportunity to through things like these tough win- because they are great people, great compete, we win because of the quality ters, really cold winters, by gathering owners, dedicated owners. of our work, the quantity of our work, together in small and large places all Here is how one employee describes and the creativity of the inventions we across the State, places of warmth, working for them: put out from this country. Let’s keep particularly when it is cold outside. You will never find anyone like them any- doing that. Let’s keep winning around So today I would like to recognize an where. the world in our trade agreements. Alaskan couple who has provided one Another said:

VerDate Sep 11 2014 01:28 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JA6.037 S09JAPT1 SSpencer on DSKBBXCHB2PROD with SENATE January 9, 2020 CONGRESSIONAL RECORD — SENATE S119 They are amazing people, what they do to and the surrounding areas and for the TRIBUTE TO CARTER HENDRICKS us personally—they take care of us. They great State of Alaska. Mr. MCCONNELL. Mr. President, as make sure we are taken care of. If we have Congratulations on being our first my good friend Carter Hendricks pre- family issues, they understand and do every- Alaskan of the Week of 2020. thing they can to help. pares to end his service as the mayor of I yield the floor. Hopkinsville, he certainly has a lot to Doug recently said: The PRESIDING OFFICER. The Sen- show for his years of leadership in We’re a family-oriented business. The fam- ator from Alaska. Southwestern Kentucky. He has helped ilies of the people who work for us are very the region take full advantage of its important. The kids of our employees have f great potential, and I know I join his grown up in the business. RECESS SUBJECT TO THE CALL OF friends and constituents in expressing THE CHAIR Both of their parents have been to- our gratitude. Today, I would like to gether for 50 years, and Doug and April Mr. SULLIVAN. Mr. President, I ask honor this remarkable Kentuckian and have been together 25. These are really unanimous consent that the Senate wish him well as he embarks on his important milestones, really impor- stand in recess subject to the call of next chapter. tant examples. the Chair. When he was first elected in 2014, As Doug said, ‘‘We really believe There being no objection, the Senate, Carter made headlines for becoming that’s one of the big problems with at 3:32 p.m., recessed subject to the call the second youngest mayor in Hopkins- America right now—families not stay- of the Chair and reassembled at 5:28 ville’s two centuries of history. The ing together. We live our values.’’ p.m., when called to order by the Pre- local newspaper, the highly regarded The Moores are also heavily involved siding Officer (Mr. SULLIVAN). Kentucky New Era, also reported that in the community. April was a Girl The PRESIDING OFFICER. The ma- Carter was only the city’s second Re- Scout leader and a PTA member. Doug jority leader. publican mayor. He quickly mobilized was the president of the community f the city’s administration with a bold council, a volunteer emergency med- strategy to make Hopkinsville an at- ical technician, a volunteer firefighter. EXECUTIVE CALENDAR tractive destination for economic de- They help on Thanksgiving with the Mr. MCCONNELL. Mr. President, I velopment. His flagship initiative, food bank, as well as the local gun club ask unanimous consent that the Sen- called ‘‘Hoptown WINS,’’ was a nearly and firing range. They give where they ate proceed to the en bloc consider- $15 million capital campaign involving can. They give back to the community. ation of the following nominations: Ex- downtown improvements, as well as They are integrated in the community. ecutive Calendar Nos. 541, 542 and 552. new parks, a sports complex, and a Last summer, a series of wildfires The PRESIDING OFFICER. Without visitors center. These state-of-the-art ravaged through Southcentral Alaska. objection, it is so ordered. amenities are meant to help draw in- The most destructive of these fires was The senior assistant legislative clerk vestment and good jobs into Hopkins- the 3,700-acre McKinley fire. It de- read the nominations of Cynthia L. ville and the surrounding areas. Now stroyed 51 homes, 3 businesses, and 84 Attwood, of Virginia, to be a Member halfway through his second term, Car- outbuildings. Thank God, nobody in of the Occupational Safety and Health ter and his constituents are beginning Alaska was killed. Review Commission for a term expiring to see the positive results of his leader- ship. His vision of Hopkinsville’s bright As one of the largest hardware stores April 27, 2025 (Reappointment); Aman- future is helping to create the condi- servicing that region where that fire da Wood Laihow, of Maine, to be a was, Moores’ Hardware and Building tions for growth and prosperity. Member of Occupational Safety and Carter had been encouraging eco- Supply stepped up, donating time, Health Review Commission for the re- equipment, and giving to people who nomic growth in the region long before mainder of a term expiring April 27, he first stepped foot into the mayor’s needed help, people who needed to re- 2023; and Crosby Kemper III, of Mis- build. office. For nearly a decade, Carter souri, to be Director of the Institute of worked in senior positions at the Chris- We often talk about how small busi- Museum and Library Services for a nesses are the backbone of our coun- tian County Chamber of Commerce, in- term of four years, en bloc. cluding 4 years as its president and try’s economy, but here is the thing. Mr. MCCONNELL. Mr. President, I CEO. With local leaders and the busi- They are also the backbone of our com- ask unanimous consent that the Sen- ness community, he helped develop cre- munities. ate vote on the nominations en bloc ative solutions to the county’s chal- In small towns throughout America with no intervening action or debate; lenges. or throughout Alaska, businesses are that if confirmed, the motions to re- I have had the great privilege to not just places for people to go and consider be considered made and laid work with Carter in both of these ca- shop for things. They can also be places upon the table en bloc; that the Presi- pacities. When I heard the area’s lack where people get together, where peo- dent be immediately notified of the of access to a Federal interstate was ple give to one another. Senate’s action; that no further mo- obstructing business investment, Car- In fact, they are often the glue that tions be in order; and that any state- ter and I teamed up to find a solution. holds communities together. This is ments related to the nominations be In 2017, Senator RAND PAUL and I se- what Moores’ Hardware and Building printed in the RECORD. cured the designation of a nearby sec- Supply is. I have had the honor of The PRESIDING OFFICER. Without tion of the Edward T. Breathitt going there, shopping there, seeing this objection, it is so ordered. Pennyrile Parkway as Interstate 169. great store and community in action. The question is, Will the Senate ad- When President Trump signed our pro- Now, one of the Moores’ sons, Justin, vise and consent to the nominations of vision into law, he helped connect is in training to take over the store Attwood, Laihow, and Kemper, en bloc? Christian County to the Federal inter- when Doug and April finally retire. It The nominations were confirmed en state system and bolstered Carter’s ef- will then be an official third-genera- bloc. forts to encourage growth in the area. tion small business in the great State f We also partnered to support the of Alaska. What a great accomplish- brave men and women stationed at ment that will be. LEGISLATIVE SESSION Fort Campbell in Christian County. Justin is committed, just like Doug The installation is part of Kentucky’s and April, to their employees and their critical role in our national defense communities. So I want to thank the MORNING BUSINESS structure, and the local community Moores. In fact, I want to thank all Mr. MCCONNELL. Mr. President, I takes seriously its responsibility to small business owners across Alaska ask unanimous consent that the Sen- support Fort Campbell’s mission and and across the country for your hard ate be in a period of morning business, the servicemembers stationed there. work. with Senators permitted to speak During his time with the chamber, Car- Doug and April, thank you not just therein for up to 10 minutes each. ter led the business community’s ef- for that hard work but for all you are The PRESIDING OFFICER. Without forts to be strong and supportive neigh- doing for the community of Talkeetna objection, it is so ordered. bors. Together, we wanted to welcome

VerDate Sep 11 2014 03:28 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JA6.038 S09JAPT1 SSpencer on DSKBBXCHB2PROD with SENATE S120 CONGRESSIONAL RECORD — SENATE January 9, 2020 all members of the military and their Commerce from 2010 to 2013, said he has al- HENDRICKS’ TIME IN OFFICE families to Kentucky, make them feel ways been interested in economic develop- Hendricks was elected for his first term as at home, and help them prosper in this ment and thought about pursuing the posi- mayor of Hopkinsville in November 2014. Ac- community. tion with the regional EDC in 2017 when cording to New Era archives, Hendricks be- Lindsey was ultimately named the director. Carter said he didn’t take the deci- came only the second Republican mayor in ‘‘There’s been a couple other times I was the city’s history. Herb Hays was the first sion to leave the mayor’s office lightly. interested in that position, but the timing when he was elected in 1985 and died in office When the chance to lead the South never felt right,’’ Hendricks said. ‘‘The rea- in 1987. Western Kentucky Economic Develop- son I was willing to step forward now and Hendricks said he wouldn’t trade his time ment Council became available, how- show interest is because I have a passion for as mayor for anything, but he acknowledged ever, he leapt at the opportunity. it, I believe I have a skillset for it and I that it was a tough job. Formed in 2012, the organization rep- know I have experience in it. It was inevi- When asked about the stress of being table that I would be looking for something resents Christian, Todd, and Trigg mayor, Hendricks said he believes a variety different in the next two to two and a half of things contributed to his heart attack on Counties and engages with job creators years, and I cannot afford to wait until the Christmas Eve 2016. looking for their new home. Carter ad- next opportunity arises.’’ ‘‘When I first had the health scare, I was mits the job will present new chal- Hendricks said he expected Lindsey to be running on the greenway, so it’s not that I lenges, but I am confident he will bring in the position for five to seven years like wasn’t a healthy person,’’ he said. ‘‘. . . More the same knowledge, determination, national trends show, and he hoped to apply than anything it was genetic. My dad passed and high energy that has led to so once his second term in office was done. away at 64 from heart disease and had his However, when the opportunity arose much success. first heart attack at 46. again in November, Hendricks said he ex- ‘‘Sure, I have to believe that some of the Although the city will certainly miss pressed interest. He went on to say he had no pressure and stress of this job contributed to Carter’s daily leadership, he said, ‘‘I’m contact with the EDC board members after (my heart attack),’’ he recalled. ‘‘At the not leaving the team—if anything I’m his interview in December, except the board time, we were really working on the WINS just in a slightly different position.’’ chair to ask about the hiring process. initiative to get it approved, and I’m a pret- At the economic development council, The South Western Kentucky Economic ty Type A personality when I believe in Carter will continue supporting the Development Council was formed in 2012 something . . . those types of characteristics through a merger of the Todd County Indus- combined with genetics and too many Dr. city’s efforts and continue working to- trial Foundation with the Christian County ward the same goal. He is certainly Peppers contributed to a heart attack when Economic Development Council, according I was 43.’’ lucky to have a proud cheering section to New Era archives. In May 2014, the Cadiz- Hendricks’ Hoptown WINS initiative, an in his wife Faye and their two children. Trigg County Economic Development Com- acronym for Wellness, Infrastructure and I would like to thank Carter for his mission joined forces with the two. Neighborhood, was a major part of his first constant dedication to creating oppor- The executive director works to recruit term. The $14.8 million in capital projects tunities for families in West Kentucky businesses and industry to the tri-county re- came to fruition through a tax increase and to congratulate him on his great gion. Hendricks said the new job will be a voted on by city council. The result? The challenge, but he’s up for it. achievements. I hope my Senate col- construction of the Planters Bank-Jennie ‘‘A lot of my dad’s family is from Trigg Stuart Health Sportsplex, a series of down- leagues will join me in commending County . . . and I’ve got great working rela- town improvements, extensions to the Hop- this talented Kentuckian for his lead- tionships with the mayors and judge execu- kinsville Rail Trail greenway system, two ership and service and in extending our tives, and I’ve worked hard to maintain neighborhood parks, the completion of the best wishes as he steps into a new role. those relationships,’’ Hendricks said. ‘‘I’m visitor’s center on East Ninth Street and Mr. President, the Kentucky New Era still going to have to learn more about Todd more sidewalks around town. in Hopkinsville recently published a County and Trigg County, but I’m eager to ‘‘Everything we did in the Hoptown WINS do that.’’ profile of Carter’s distinguished serv- initiative had economic development in ice. I ask unanimous consent that the STEPS TO APPOINTING A NEW MAYOR mind,’’ he said. ‘‘If you look at what eco- According to KRS 83A.040, Hendricks must nomic developers and site planners will tell article be printed in the RECORD. submit a formal resignation letter with his you, there’s about five things that are the There being no objection, the mate- final date before the process to appoint an most important criteria for communities to rial was ordered to be printed in the interim mayor can begin. be successful. One of those is quality of RECORD, as follows: The statute explains that his resignation place—walkability, performing arts facilities [From the Kentucky New Era, Jan. 7, 2020] shall be effective at the next regular or spe- like the Alhambra theatre, youth activities . . . those types of things matter. HENDRICKS SHARES WHY HE PURSUED cial meeting of city council after the date ‘‘You have to be a desirable community for POSITION WITH EDC specified in his letter of resignation. City council will then have 30 days to fill the va- industries to want to invest in you,’’ he con- (By Zirconia Alleyne) cancy with an interim mayor. tinued. ‘‘Those are the types of projects that Hopkinsville Mayor Carter Hendricks an- The statute goes on to explain that the in- industries and workers are looking for, so nounced Monday afternoon that he will re- terim mayor can serve until the next suc- nearly everything we’ve done has been to try sign in order to accept the executive director ceeding annual election, at which time the to position our self to take better advantage position with the South Western Kentucky vacancy will be filled by election for the re- of economic development opportunities.’’ Economic Development Council. mainder of the term. The next general elec- Hendricks said he had the support of his His official resignation letter and date tion is in November. wife, Faye, and their two children, Chase and were not released as of press time Monday. The mayor’s assistant, Idalia Luna, is leav- Lily, when he pursued the position. He also Hendricks, who is in his second term as ing at the end of January for her new role said he prayed. mayor, called a meeting with city staff at with the city as executive director of the ‘‘I know that sounds cliche´, but as a result the same time the SWKEDC met across town Human Rights Commission. The mayor said of prayer and speaking with the family, I de- Monday to determine he was the best can- he didn’t look for her replacement because cided to pursue this opportunity knowing didate for the role left vacant in November the next mayor should choose the person for that it wasn’t an ideal time,’’ he said. when Mark Lindsey resigned. that role. ‘‘There isn’t an ideal timeline when you’re The Kentucky New Era broke the news ‘‘I intentionally didn’t fill that role until I serving in an elected position and thinking shortly after the EDC came out of closed ses- knew how this would turn out,’’ Hendricks about what you’re going to do next.’’ sion. said. Hendricks said he has no plans to leave his Hendricks had just wrapped his meeting Of the empty mayor’s office that will be hometown anytime soon and he doesn’t plan with staff telling them he was a candidate left, Hendricks said the staff is equipped to to run for any other elected positions. For and would accept the position if offered. He keep the city afloat. ‘‘People like to believe now, Hendricks said he hopes to make posi- said he didn’t know going into the meeting that the mayor is the one running the city, tive change in the community through his knowing that he was selected, although but if you’re doing your job correctly, the new role at the EDC. there had been chatter on social media credit is to these city employees,’’ he said. ‘‘What I hope people will see after it’s all throughout the weekend. ‘‘I care a lot about this team,’’ he contin- said and done is . . . I’m not leaving the ‘‘I went out on a limb by having that meet- ued. ‘‘I spent five years with them and had a team—if anything I’m just in a slightly dif- ing, knowing that I could have had egg on heart attack with them—and I don’t say that ferent position of the team,’’ he said. ‘‘If you my face if it didn’t go the way I was praying lightly. This team rallied around me and think I’ve been the quarterback, I’m now the for it to go,’’ he said. ‘‘But, that’s the risk they showed up—they showed up in the hos- wide receiver, and my job as this wide re- you take sometimes.’’ pital, they sent cards and notes. They’ll be ceiver is to go deep and score touchdowns Why he applied? my family no matter what role I’m in as and recruit business and industries that will Hendricks, who served as the executive di- long as I’m in this community. They’re good help this community grow and provide more rector of the Christian County Chamber of people.’’ opportunities for families.’’

VerDate Sep 11 2014 01:28 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JA6.034 S09JAPT1 SSpencer on DSKBBXCHB2PROD with SENATE January 9, 2020 CONGRESSIONAL RECORD — SENATE S121 MONROE COUNTY BICENTENNIAL In celebrating their wonderful his- F–35B STOVL Aircraft with the option to purchase an additional Eight (8) F–35B Mr. MCCONNELL. Mr. President, at tory, these Kentuckians are also pre- paring to take advantage of their great STOVL Aircraft). the beginning of a new year, most of us Up to thirteen (13) Pratt and Whitney F135 look ahead with plans, expectations, potential ahead. With the principled Engines (includes 1 initial spare). and resolutions. The residents of Mon- leadership of Congressman COMER, Non-MDE: Also included are Electronic roe County in the Pennyroyal region of State Representative Bart Rowland, Warfare Systems; Command, Control, Com- South Central Kentucky, however, are County Judge/Executive Mitchell Page, munication, Computers and Intelligence/ spending the first days of the new year and many other local officials, Monroe Communication, Navigation and Identifica- looking back on their unique history. County is well-positioned for a bright tion (C4I/CNI) system; Autonomic Logistics Global Support System (ALGS); Autonomic They are looking two centuries back, future. It has been a privilege to help Logistics Information System (ALIS); F–35 in fact, to the county’s founding in kick-off this bicentennial celebration, Training System; Weapons Employment Ca- 1820. I would like to join with these and I ask my Senate colleagues to join pability and other Subsystems, Features and Kentuckians in kicking off a year of bi- me in congratulating all the residents Capabilities; F–35 unique infrared flares; re- centennial celebrations of the county’s of Monroe County on this milestone. programming center access and F–35 Per- blessings and its rich heritage. Together, we look forward to many formance Based Logistics; software develop- At its founding, local leaders looked more prosperous years to come. ment/integration; aircraft transport from Ft. Worth, TX to the CONUS initial training to Presidential leadership when select- f ing the name for the county and its base and tanker support (if necessary); spare ARMS SALES NOTIFICATION and repair parts; support equipment, tools seat. President James Monroe was hon- and test equipment; technical data and pub- ored with the county’s name while his Mr. RISCH. Mr. President, section lications; personnel training and training Vice President, Daniel Tompkins, was 36(b) of the Arms Export Control Act equipment; U.S. Government and contractor the inspiration for the county seat’s requires that Congress receive prior no- engineering, technical, and logistics support name, Tompkinsville. tification of certain proposed arms services; and other related elements of logis- Early Monroe County residents took sales as defined by that statute. Upon tics support. advantage of the area’s fertile soil and such notification, the Congress has 30 (iv) Military Department: Air Force (SN– its close proximity to the Cumberland D–SAE). calendar days during which the sale (v) Prior Related Cases, if any: None. and Barren Rivers. In this beautiful may be reviewed. The provision stipu- (vi) Sales Commission, Fee. etc., Paid, Of- setting, they began developing deep ag- lates that, in the Senate, the notifica- fered, or Agreed to be Paid: None. ricultural roots with livestock and sta- tion of proposed sales shall be sent to (vii) Sensitivity of Technology Contained ple crops like tobacco and hemp. the chairman of the Senate Foreign in the Defense Article or Defense Services Like many Kentucky counties, Proposed to be Sold: See Attached Annex. Relations Committee. Monroe’s early economic development (viii) Date Report Delivered to Congress: In keeping with the committee’s in- was stunted during the Civil War. January 9, 2020. tention to see that relevant informa- Many local residents joined the war ef- * As defined in Section 47(6) of the Arms tion is available to the full Senate, I Export Control Act. fort, and support for the Union led to ask unanimous consent to have printed POLICY JUSTIFICATION the establishment of Camp Anderson and the raising of the 9th Kentucky In- in the RECORD the notifications which Singapore—F–35B Short Take-Off and Vertical Landing (STOVL) fantry. Unfortunately, Monroe Coun- have been received. If the cover letter The Government of Singapore has re- ty’s location on the Kentucky-Ten- references a classified annex, then such annex is available to all Senators in quested to buy up to twelve (12) F–35B Short nessee border also caused multiple in- Take-Off and Vertical Landing (STOVL) air- vasions by both Union and Confederate the office of the Foreign Relations Committee, room SD–423. craft (four (4) F–35B STOVL aircraft with the forces throughout the war. During one option to purchase an additional eight (8) F– of these raids, a Confederate unit cap- There being no objection, the mate- 35B STOVL aircraft); and up to thirteen (13) tured Tompkinsville and burned much rial was ordered to be printed in the Pratt and Whitney F135 Engines (includes 1 of the town, including the courthouse, RECORD, as follows: initial spare). Also included are Electronic causing lasting devastation. DEFENSE SECURITY Warfare Systems; Command, Control, Com- Although the local economy was slow COOPERATION AGENCY, munication, Computers and Intelligence/ to rebound immediately after the war, Arlington, VA. Communication, Navigation and Identifica- tion (C4I/CNI) system; Autonomic Logistics the new century helped Monroe County HON. JAMES E. RISCH, Chairman, Committee on Foreign Relations, Global Support System (ALGS); Autonomic get back on track. Since that time, U.S. Senate, Washington, DC. Logistics Information System (ALIS); F–35 families in the region have continued DEAR MR. CHAIRMAN: Pursuant to the re- Training System; Weapons Employment Ca- developing their rural traditions while porting requirements of Section 36(b)(I) of pability and other Subsystems, Features and making important investments into the Arms Export Control Act, as amended, Capabilities; F–35 unique infrared flares; re- new local industries. A little over a we are forwarding herewith Transmittal No. programming center access and F–35 Per- decade ago, I was proud to partner with 20–06 concerning the Air Force’s proposed formance Based Logistics; software develop- local officials in Monroe County to de- Letter(s) of Offer and Acceptance to the Gov- ment/integration; aircraft transport from Ft. liver Federal funding for a new water ernment of Singapore for defense articles Worth, TX to the CONUS initial training base and tanker support (if necessary); spare treatment facility, along with other and services estimated to cost $2.750 billion. After this letter is delivered to your office, and repair parts; support equipment, tools upgrades. Together, we are helping to we plan to issue a news release to notify the and test equipment; technical data and pub- encourage new opportunities for eco- public of this proposed sale. lications; personnel training and training nomic growth and good jobs for Ken- Sincerely, equipment; U.S. Government and contractor tucky families. CHARLES W. HOOPER, engineering, technical, and logistics support In addition, I greatly enjoy working Lieutenant General, USA, Director. services; and other related elements of logis- with a proud son of Tompkinsville, Enclosures. tics support. The total estimated cost is Congressman JAMES COMER, who is a TRANSMITTAL NO. 20–06 $2.750 billion. strong champion for his hometown and This proposed sale will support the foreign Notice of Proposed Issuance of Letter of policy and national security objectives of all of the First District of Kentucky Offer Pursuant to Section 36(b)(1) of the the United States. Singapore is a strategic here in Washington. Arms Export Control Act, as amended friend and Major Security Cooperation Part- The yearlong bicentennial celebra- (i) Prospective Purchaser: Government of ner and an important force for political sta- tion will feature a wide range of Mon- Singapore. bility and economic progress in the Asia Pa- roe County’s history, as well as some of (ii) Total Estimated Value: cific region. its local specialties. From its famous Major Defense Equipment* $1.625 billion. This proposed sale of F–35s will augment barbecue to a Gospel music event, the Other $1.125 billion. Singapore’s operational aircraft inventory festivities will showcase the many tal- Total $2.750 billion. and enhance its air-to-air and air-to-ground (iii) Description and Quantity or Quan- self-defense capability, adding to an effective ents of Monroe County families. They tities of Articles or Services under Consider- deterrence to defend its borders and con- will also pay tribute to local veterans, ation for Purchase: tribute to coalition operations with other al- honoring the county’s long and distin- Major Defense Equipment (MDE): lied and partner forces. Singapore will have guished record of contributing to our Up to twelve (12) F–35B Short Take-Off and no difficulty absorbing these aircraft into its Nation’s defense. Vertical Landing (STOVL) Aircraft (Four (4) armed forces.

VerDate Sep 11 2014 03:28 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JA6.033 S09JAPT1 SSpencer on DSKBBXCHB2PROD with SENATE S122 CONGRESSIONAL RECORD — SENATE January 9, 2020 The proposed sale of this aircraft and sup- intercept, location, and identification of in- The Pilot Life Support System provides a port will not alter the basic military balance band emitters and to automatically counter measure of Pilot Chemical, Biological, and in the region. TR and RF threats. Radiological Protection through use of an The prime contractors will be Lockheed f. The Command, Control, Communica- On-Board Oxygen Generating System Martin Aeronautics Company, Fort Worth, tions, Computers and Intelligence/Commu- (OBOGS); and an escape system that pro- Texas, and Pratt and Whitney Military En- nications, Navigation, and Identification vides additional protection to the pilot. gines, East Hartford, Connecticut. There are (C4I/CNI) system provides the pilot with un- OBOGS takes the Power and Thermal Man- no known offset agreements proposed in con- matched connectivity to flight members, co- agement System (PTMS) air and enriches it nection with this potential sale. alition forces, and the battlefield. It is an in- by removing gases (mainly nitrogen) by ad- Implementation of this proposed sale will tegrated subsystem designed to provide a sorption, thereby increasing the concentra- not require the assignment of any additional broad spectrum of secure, anti-jam voice and tion of oxygen in the product gas and sup- U.S. Government or contactor representa- data communications, precision radio navi- plying breathable air to the pilot. The OMS tives to Singapore. gation and landing capability, self-identi- provides a mission planning, mission brief- There will be no adverse impact on U.S. de- fication, beyond visual range target identi- ing, and a maintenance/intelligence/tactical fense readiness as a result of this proposed fication, and connectivity to off-board debriefing platform for the F–35. sale. sources of information. It also includes an 2. The Reprogramming Center is located in TRANSMITTAL NO. 20–06 inertial navigation and global positioning the U.S. and provides F–35 customers a Notice of Proposed Issuance of Letter of system (GPS) for precise location informa- means to update F–35 electronic warfare Offer Pursuant to Section 36(b)(1) of the tion. The functionality is tightly integrated databases. Arms Export Control Act within the mission system to enhance effi- 3. If a technologically advanced adversary ciency. were to obtain knowledge of the specific Annex Item No. vii g. The aircraft C4I/CNI system includes hardware and software elements, the infor- (vii) Sensitivity of Technology: two data links, the Multi-Function Advanced mation could be used to develop counter- 1. The F–35B Short Take-Off and Vertical Data Link (MADL) and Link 16. The MADL measures, which might reduce weapon sys- Landing (STOVL) aircraft is a single-seat, is designed specifically for the F–35 and al- tem effectiveness or be used in the develop- single-engine, all-weather, stealth, fifth-gen- lows for stealthy communications between ment of a system with similar or advanced eration, multirole aircraft. It contains sen- F–35s. Link 16 data link equipment allows capabilities. sitive technology including the low observ- the F–35 to communicate with legacy air- 4. A determination has been made that able airframe/outer mold line, the Pratt and craft using widely distributed J-series mes- Singapore can provide substantially the Whitney F135 engine, AN/APG–81 radar, an sage protocols. same degree of protection for the sensitive integrated core processor central computer, h. The F–35 Autonomic Logistics Global technology being released as the U.S. Gov- mission systems/electronic warfare suite, a Sustainment (ALGS) provides a fully inte- ernment. This proposed sale is necessary to multiple sensor suite, technical data/docu- grated logistics management solution. ALGS further the U.S. foreign policy and national mentation, and associated software. Sen- integrates a number of functional areas in- security objectives outlined in the Policy sitive elements of the F–35B are also in- cluding supply chain management, repair, Justification. Moreover, the benefits to be cluded in operational flight and maintenance support equipment, engine support, and derived from this sale, as outlined in the Pol- trainers. training. The ALGS infrastructure employs icy Justification, outweigh the potential a. The Pratt and Whitney F135 engine is a a state-of-the-art information system that damage that could result if the sensitive single 40,000-lb thrust class engine designed provides real-time, decision-worthy informa- technology were revealed to unauthorized for the F–35 and assures highly reliable, af- tion for sustainment decisions by flight line persons. fordable performance. The engine is designed personnel. Prognostic health monitoring 5. All defense articles and services listed on to be utilized in all F–35 variants, providing technology is integrated with the air system this transmittal have been authorized for re- unmatched commonality and supportability and is crucial to predictive maintenance of lease and export to the Government of throughout the worldwide base of F–35 users. vital components. Singapore. The Short Takeoff and Vertical Landing i. The F–35 Autonomic Logistics Informa- (STOVL) propulsion configuration consists tion System (ALIS) provides an intelligent f of the main engine, diverter-less supersonic information infrastructure that binds all the TRIBUTE TO BRIDGETT FREY inlet, a three (3) Bearing Swivel Module, Roll key concepts of ALGS into an effective sup- Posts and Duct Assembly System, and Lift port system. ALIS establishes the appro- Mr. VAN HOLLEN. Mr. President, I Fan. priate interfaces among the F–35 Air Vehicle, rise to recognize an outstanding mem- b. The AN/APG–81 Active Electronically the warfighter, the training system, govern- ber of my staff who is moving on to Scanned Array (AESA) is a high processing ment information technology (IT) systems, pursue other opportunities, my long- power/high transmission power electronic and supporting commercial enterprise sys- time communications director, array capable of detecting air and ground tems. Additionally, ALIS provides a com- Bridgett Frey. targets from a greater distance than me- prehensive tool for data collection and anal- Bridgett joined my office at the start chanically scanned array radars. It also con- ysis, decision support, and action tracking. of 2009, when President Barack Obama tains a synthetic aperture radar (SAR), j. The F–35 Training System includes sev- which creates high-resolution ground maps eral training devices to provide integrated was first inaugurated and I was serving and provides weather data to the pilot, and training for pilots and maintainers. The in the House of Representatives. provides air and ground tracks to the mis- pilot training devices include a Full Mission Things were so busy then that her sion system, which uses it as a component to Simulator (FMS) and Deployable Mission interview took place in a hallway in fuse sensor data. Rehearsal Trainer (DMRT). The maintainer the Capitol. She may have recognized c. The Electro-Optical Targeting System training devices include an Aircraft Systems that as a sign of things to come, but I (EOTS) provides long-range detection and Maintenance Trainer (ASMT), Ejection Sys- am grateful she took the job anyway. tracking as well as an infrared search and tem Maintenance Trainer (ESMT), Outer Through the decade that has fol- track (IRST) and forward-looking infrared Mold Line (OML) Lab, Flexible Linear (FLIR) capability for precision tracking, Shaped Charge (FLSC) Trainer, Fl35 Engine lowed, Bridgett has been a dedicated weapons delivery, and bomb damage assess- Module Trainer, and Weapons Loading Train- staffer and trusted adviser. Regardless ment (BDA). The EOTS replaces multiple er (WLT). The F–35 Training System can be of the issue of the day—from local separate internal or podded systems typi- integrated, where both pilots and maintain- issues like Federal grant funding and cally found on legacy aircraft. ers learn in the same Integrated Training helping struggling auto dealers, to na- d. The Electro-Optical Distributed Aper- Center (ITC). Alternatively, the pilots and tional issues like healthcare reform ture System (EODAS) provides the pilot with maintainers can train in separate facilities and economic policy, to international full spherical coverage for air-to-air and air- (Pilot Training Center and Maintenance issues like Russian election inter- to-ground threat awareness, day/night vision Training Center). enhancements, a fire control capability, and k. Other subsystems, features, and capa- ference and North Korean sanctions— precision tracking of wingmen/friendly air- bilities include the F–35’s low observable air- she helped ensure that my office com- craft. The EODAS provides data directly to frame, Integrated Cure Processor (ICP) Cen- municates clearly and effectively the pilot’s helmet as well as the mission sys- tral Computer, Helmet Mounted Display Sys- about our work in Congress. She has tem. tem (HMDS), Pilot Life Support System, Off- worked tirelessly to inform the public e. The Electronic Warfare (EW) system is a Board Mission Support (OMS) System, and about the policy changes we have reprogrammable, integrated system that publications/maintenance manuals. The achieved and those we still hope to ac- provides radar warning and electronic sup- HMDS provides a fully sunlight readable, bi- port measures (ESM) along with a fully inte- ocular display presentation of aircraft infor- complish. grated countermeasures (CM) system. The mation projected onto the pilot’s helmet Whenever I took on a new challenge, EW system is the primary subsystem used to visor. The use of a night vision camera inte- Bridgett was there to help. She led enhance situational awareness, targeting grated into the helmet eliminates the need communications in my personal office, support and self-defense through the search, for separate Night Vision Goggles (NVG). as well as working with Speaker

VerDate Sep 11 2014 01:28 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\A09JA6.020 S09JAPT1 SSpencer on DSKBBXCHB2PROD with SENATE January 9, 2020 CONGRESSIONAL RECORD — SENATE S123 PELOSI’s team to help freshman com- from his father and developed a love for with an online delivery system. Cal munications directors learn the ropes ranching and horses. Tim truly under- didn’t just want Vail students to ben- of Capitol Hill when I was assistant to stands and loves the Montana way of efit from this effective approach. Now, the Speaker. She then took on a new life. 115 school districts across Arizona and challenge and dual role when I became I am proud of Tim for his service to six other States use this program, ranking member of the House Budget our country and his tremendous impact some of which have become top per- Committee. From budget battles to the on his community. I am confident his forming districts in their States. not-so-Super Committee, she was al- legacy of service will live on for gen- Baker’s creative and visionary lead- ways up to the task. She took a leave erations to come, and I am honored to ership didn’t stop there. When enroll- of absence to help in my 2016 campaign recognize him today.∑ ment in the district surpassed capac- for the Senate and then moved across f ity, he developed a year-round track the Capitol to run the communications system to ensure educational standards TRIBUTE TO CALVIN BAKER operation in my Senate office. She has were high while new infrastructure was approached all of it with intelligence, ∑ Ms. MCSALLY. Mr. President, in planned and built. Under his leader- sharp instincts, sound judgment, and a April of 1981, President George H.W. ship, Vail schools are consistently la- sense of humor. Bush said ‘‘think about every problem, beled as ‘‘A+’’ by the Arizona Depart- Bridgett has built a reputation for every challenge, we face. The solution ment of Education. being hard-charging and forthright, to each starts with education.’’ These Calvin Baker’s legacy is immense and reporters respect her responsive- words were true then, and they are just and immeasurable. It will continue on ness and honesty. She has coordinated as true today. Education is the bedrock with the thousands of children in a closely with all aspects of my team, of our society, and it allows our coun- generation who received an amazing helping to drive both policy work and try to advance. education in Vail School District under State outreach efforts, as well as with It is difficult to think of someone his leadership, propelling them on a countless offices in both the House and who exemplifies President Bush’s path of opportunity for their futures. the Senate. She has always provided words more than Vail School District Cal is the longest serving super- me with honest and thoughtful advice Superintendent Calvin Baker. I have intendent of any school district in Ari- and counsel. She has an uncanny in- been privileged to get to know Cal and zona and has left an indelible mark on stinct for getting to the heart of any his wife Nancy over the last many education for Arizona and the country. issue. years. I also live in Vail School Dis- Appropriately, Pima County passed a As Bridgett seeks new challenges trict—VSD—so I have seen the impact resolution naming December 20 as Cal- outside our office, I know she will con- he has made in our community first- vin Baker Appreciation Day, an honor tinue to grow in her professional ca- hand. in which Cal is more than deserving. reer. It stems from a love of politics Cal moved back to Arizona in 1987 to Last year, Cal confronted another that she got from her father and an become the principal of the only school challenge when he was diagnosed with ethos of hard work from her mother. I in the Vail School District, serving 500 multiple myeloma. His example of deeply appreciate her many years of students. He was appointed as the su- faith, grit, and courage as he faced the dedicated service to the people of perintendent of the district in 1988 and diagnosis and treatment continues to Maryland and the Congress. Our entire has been at the helm ever since. During be an inspiration to us all. team will miss her, but we all extend his nearly 33 years of service to stu- I want to personally thank Cal for our warmest wishes as she takes on dents and families in our community, his service and wish him, Nancy, and new adventures. Cal led the growth to now 22 schools their whole family all the best in his serving over 14,000 students. The ∑ f much-deserved retirement. growth was not by accident. Families f ADDITIONAL STATEMENTS want to move to VSD so their kids can experience the world-class educational MESSAGES FROM THE PRESIDENT experience thanks to Cal’s extraor- Messages from the President of the TRIBUTE TO TIM MCALLISTER dinary leadership and success. United States were communicated to ∑ Mr. DAINES. Mr. President, this As with any organization, leadership the Senate by Ms. Roberts, one of his week I have the honor of recognizing matters, and for effective leadership, secretaries. Tim McAllister, a 96-year-old veteran character matters. Calvin Baker sets f who served in World War II. Tim is cur- the example of integrity, selfless serv- rently the oldest veteran living in Ju- ice, and humility for all to follow. He is EXECUTIVE MESSAGES REFERRED dith Basin County. truly a good man. In executive session the Presiding Of- Tim is a humble man who speaks In his tenure, Cal built an impressive ficer laid before the Senate messages quietly about his military service. In team of educators and support staff from the President of the United fact, he spends more time reflecting on and created a culture of innovation, States submitting sundry nominations the service of his two brothers, both of parent involvement, and dedication to which were referred to the appropriate whom were soldiers in the D-Day inva- students. Cal’s vision for success was committees. sion at Normandy. Tim’s military serv- based on the principle that education is (The messages received today are ice took him to the South Pacific, a community effort. He has been the printed at the end of the Senate pro- where he was engaged in the liberation glue that kept our growing and diverse ceedings.) of the Philippines with the American community together united with a f Division in the region of Cebu City. common goal of educational excel- MESSAGE FROM THE HOUSE Tim’s impact on the community is lence. In a recent letter Cal sent to pronounced. This past November, Tim parents in his district, he said, ‘‘I en- At 10:02 a.m., a message from the wasn’t able to attend the Veterans Day courage each of you to invest deeply in House of Representatives, delivered by celebration at the local elementary your child’s education and our local Mrs. Cole, one of its reading clerks, an- school, and his presence was missed. schools. It is that investment that is nounced that the House passed the fol- Because of his absence, students in the ‘secret sauce’ of Vail’s success.’’ lowing bills, in which it requests the first and second grade at the school Calvin Baker is a trailblazer on inno- concurrence of the Senate: made a massive card to thank him for vation in education for so many other H.R. 2881. An act to require the President his service and delivered it to his districts in the State and country to to develop a strategy to ensure the security home. This small act of kindness was follow. Empire High School was the of next generation mobile telecommuni- very meaningful to Tim. first school in the United States to cations systems and infrastructure in the United States and to assist allies and stra- Tim’s roots in Montana run strong eliminate textbooks in favor of com- tegic partners in maximizing the security of and deep. His father rode the range puters. He pioneered the Beyond Text- next generation mobile telecommunications with the legendary Charlie M. Russell. books program that combines Vail’s systems, infrastructure, and software, and Tim carried on those western values successful instructional methodology for other purposes.

VerDate Sep 11 2014 01:28 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JA6.031 S09JAPT1 SSpencer on DSKBBXCHB2PROD with SENATE S124 CONGRESSIONAL RECORD — SENATE January 9, 2020 H.R. 3763. An act to direct the Federal Gov- H.R. 2881. An act to require the President bia, transmitting, pursuant to law, a report ernment to provide assistance and technical to develop a strategy to ensure the security on D.C. Act 23–186, ‘‘Alcoholic Beverage Pro- expertise to enhance the representation and of next generation mobile telecommuni- cedural and Technical Amendment Act of leadership of the United States at inter- cations systems and infrastructure in the 2019’’; to the Committee on Homeland Secu- national standards-setting bodies that set United States and to assist allies and stra- rity and Governmental Affairs. standards for equipment, systems, software, tegic partners in maximizing the security of EC–3709. A communication from the Chair- and virtually-defined networks that support next generation mobile telecommunications man of the Council of the District of Colum- 5th and future generations mobile tele- systems, infrastructure, and software, and bia, transmitting, pursuant to law, a report communications systems and infrastructure, for other purposes. on D.C. Act 23–187, ‘‘Charter School Property Tax Clarification Amendment Act of 2019’’; and for other purposes. f H.R. 4500. An act to direct the Assistant to the Committee on Homeland Security and Secretary for Communications and Informa- EXECUTIVE AND OTHER Governmental Affairs. tion to take certain actions to enhance the COMMUNICATIONS EC–3710. A communication from the Chair- man of the Council of the District of Colum- representation of the United States and pro- The following communications were mote United States leadership in commu- bia, transmitting, pursuant to law, a report nications standards-setting bodies, and for laid before the Senate, together with on D.C. Act 23–188, ‘‘Manufacturer and Pub other purposes. accompanying papers, reports, and doc- Permit Parity Amendment Act of 2019’’; to H.R. 5065. An act to amend the Small Busi- uments, and were referred as indicated: the Committee on Homeland Security and ness Act to provide re-entry entrepreneur- EC–3700. A communication from the Dep- Governmental Affairs. ship counseling and training services for for- uty Chief, Enforcement Bureau, Federal EC–3711. A communication from the Chair- merly incarcerated individuals, and for other Communications Commission, transmitting, man of the Council of the District of Colum- bia, transmitting, pursuant to law, a report purposes. pursuant to law, the report of a rule entitled on D.C. Act 23–189, ‘‘Medical Marijuana Plant H.R. 5130. An act to amend the Small Busi- ‘‘Forfeiture Proceedings’’ (DA 19–1325) re- Count Elimination Temporary Amendment ness Act to adjust the employment size ceived in the Office of the President of the Act of 2019’’; to the Committee on Homeland standard requirements for determining Senate on January 8, 2020; to the Committee Security and Governmental Affairs. whether a manufacturing concern is a small on Commerce, Science, and Transportation. EC–3712. A communication from the Census EC–3701. A communication from the Chair business concern, and for other purposes. Bureau Federal Register Liaison Officer, H.R. 5146. An act to amend the Small Busi- of the Aerospace Safety Advisory Panel, Na- Census Bureau, Department of Commerce, ness Act to require contracting officers to tional Aeronautics and Space Administra- transmitting, pursuant to law, the report of tion, transmitting, pursuant to law, the Pan- take a small business concern’s past per- a rule entitled ‘‘Temporary Suspension of formance as part of a joint venture into ac- el’s annual report for 2019; to the Committee the Population Estimates Challenge Pro- count when evaluating the small business on Commerce, Science, and Transportation. gram’’ (RIN0607–AA57) received in the Office EC–3702. A communication from the Assist- concern, and for other purposes. of the President of the Senate on January 8, ant General Counsel for Legislation, Regula- f 2020; to the Committee on Homeland Secu- tion and Energy Efficiency, Department of rity and Governmental Affairs. MEASURES REFERRED Energy, transmitting, pursuant to law, the f The following bills were read the first report of a rule entitled ‘‘Elemental Mercury Management and Storage Fees’’ ((RIN1903– PETITIONS AND MEMORIALS and the second times by unanimous AA11) (10 CFR Part 955)) received in the Of- consent, and referred as indicated: fice of the President of the Senate on Janu- The following petition or memorial H.R. 3763. An act to direct the Federal Gov- ary 8, 2020; to the Committee on Energy and was laid before the Senate and was re- ernment to provide assistance and technical Natural Resources. ferred or ordered to lie on the table as expertise to enhance the representation and EC–3703. A communication from the Assist- indicated: leadership of the United States at inter- ant General Counsel for Legislation, Office POM–174. A petition from a citizen of the national standards-setting bodies that set of the General Counsel, Department of En- State of Texas relative to a constitutional standards for equipment, systems, software, ergy, transmitting, pursuant to law, the re- amendment; to the Committee on the Judici- and virtually-defined networks that support port of a rule entitled ‘‘Inflation Adjustment ary. 5th and future generations mobile tele- of Civil Monetary Penalties’’ (10 CFR Parts communications systems and infrastructure, 207, 218, 429, 431, 490, 501, 601, 820, 824, 851, 1013, f and for other purposes; to the Committee on 1017, and 1050) received in the Office of the REPORTS OF COMMITTEES Foreign Relations. President of the Senate on January 8, 2020; H.R. 4500. An act to direct the Assistant to the Committee on Energy and Natural Re- The following reports of committees Secretary for Communications and Informa- sources. were submitted: tion to take certain actions to enhance the EC–3704. A communication from the Assist- By Ms. MURKOWSKI, from the Committee representation of the United States and pro- ant General Counsel for Legislation, Regula- on Energy and Natural Resources: mote United States leadership in commu- tion and Energy Efficiency, Department of Report to accompany S. 876, a bill to nications standards-setting bodies, and for Energy, transmitting, pursuant to law, the amend the Energy Policy Act of 2005 to re- other purposes; to the Committee on Com- report of a rule entitled ‘‘Energy Conserva- quire the Secretary of Energy to establish a merce, Science, and Transportation. tion Program: Energy Conservation Stand- program to prepare veterans for careers in H.R. 5065. An act to amend the Small Busi- ards for General Service Incandescent the energy industry, including the solar, ness Act to provide re-entry entrepreneur- Lamps’’ ((RIN1904–AE76) (10 CFR Part 430)) wind, cybersecurity, and other low-carbon ship counseling and training services for for- received in the Office of the President of the emissions sectors or zero-emissions sectors merly incarcerated individuals, and for other Senate on January 8, 2020; to the Committee of the energy industry, and for other pur- purposes; to the Committee on Small Busi- on Energy and Natural Resources. poses (Rept. No. 116–201). ness and Entrepreneurship. EC–3705. A communication from the Sec- Report to accompany S. 2668, a bill to es- H.R. 5130. An act to amend the Small Busi- retary of Education, transmitting, pursuant tablish a program for research, development, ness Act to adjust the employment size to law, the Department of Education Agency and demonstration of solar energy tech- standard requirements for determining Financial Report for fiscal year 2019; to the nologies, and for other purposes (Rept. No. whether a manufacturing concern is a small Committee on Homeland Security and Gov- 116–202). business concern, and for other purposes; to ernmental Affairs. Report to accompany S. 2368, a bill to the Committee on Small Business and Entre- EC–3706. A communication from the Chair- amend the Atomic Energy Act of 1954 and preneurship. man of the Council of the District of Colum- the Energy Policy Act of 2005 to support li- H.R. 5146. An act to amend the Small Busi- bia, transmitting, pursuant to law, a report censing and relicensing of certain nuclear fa- ness Act to require contracting officers to on D.C. Act 23–184, ‘‘Alcoholic Beverage En- cilities and nuclear energy research, dem- take a small business concern’s past per- forcement Amendment Act of 2019’’; to the onstration, and development, and for other formance as part of a joint venture into ac- Committee on Homeland Security and Gov- purposes (Rept. No. 116–203). count when evaluating the small business ernmental Affairs. f concern, and for other purposes; to the Com- EC–3707. A communication from the Chair- mittee on Small Business and Entrepreneur- man of the Council of the District of Colum- INTRODUCTION OF BILLS AND ship. bia, transmitting, pursuant to law, a report JOINT RESOLUTIONS on D.C. Act 23–185, ‘‘Alcoholic Beverage Con- f The following bills and joint resolu- trol Board License Categories, Endorse- tions were introduced, read the first ments, and Hourly and Percentage Rate MEASURES PLACED ON THE and second times by unanimous con- CALENDAR Amendment Act of 2019’’; to the Committee on Homeland Security and Governmental Af- sent, and referred as indicated: The following bill was read the first fairs. By Mr. MERKLEY (for himself, Ms. and second times by unanimous con- EC–3708. A communication from the Chair- MURKOWSKI, Mr. BOOKER, and Ms. sent, and placed on the calendar: man of the Council of the District of Colum- DUCKWORTH):

VerDate Sep 11 2014 01:28 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\A09JA6.018 S09JAPT1 SSpencer on DSKBBXCHB2PROD with SENATE January 9, 2020 CONGRESSIONAL RECORD — SENATE S125 S. 3170. A bill to amend the Fair Labor consumer drug advertising; to the Com- resentatives should, consistent with its con- Standards Act of 1938 to expand access to mittee on Health, Education, Labor, and stitutional obligations, immediately trans- breastfeeding accommodations in the work- Pensions. mit the 2 articles of impeachment against place, and for other purposes; to the Com- By Ms. MURKOWSKI (for herself, Mr. President Donald J. Trump passed by the mittee on Health, Education, Labor, and SCHATZ, Ms. HIRONO, and Mr. SUL- House of Representatives on December 18, Pensions. LIVAN): 2019, under House Resolution 755; to the Com- By Mr. WHITEHOUSE (for himself, Mr. S. 3181. A bill to amend the Internal Rev- mittee on Rules and Administration. CASSIDY, and Mr. CARPER): enue Code of 1986 to expand the new markets By Mr. UDALL: S. 3171. A bill to amend the Federal Water tax credit to assist Native American commu- S. Con. Res. 33. A concurrent resolution di- Pollution Control Act to reauthorize the Na- nities, and for other purposes; to the Com- recting the President pursuant to section tional Estuary Program, and for other pur- mittee on Finance. 5(c) of the War Powers Resolution to termi- poses; to the Committee on Environment and By Mr. BOOZMAN (for himself, Mr. nate the use of United States Armed Forces Public Works. PERDUE, and Mr. LEAHY): to engage in hostilities in or against Iran; to By Mr. MANCHIN (for himself, Mr. S.J. Res. 65. A joint resolution providing the Committee on Foreign Relations. JONES, Mr. KAINE, Mr. BROWN, Mr. for the reappointment of John Fahey as a f WARNER, and Mr. CASEY): citizen regent of the Board of Regents of the S. 3172. A bill to amend the Internal Rev- Smithsonian Institution; considered and ADDITIONAL COSPONSORS enue Code of 1986 to ensure the solvency of passed. the Black Lung Disability Trust Fund by ex- S. 109 By Mr. BOOZMAN (for himself, Mr. tending the excise tax on coal; to the Com- At the request of Mr. WICKER, the PERDUE, and Mr. LEAHY): mittee on Finance. name of the Senator from Georgia S.J. Res. 66. A joint resolution providing By Mr. LEE (for himself, Mr. CRAMER, for the appointment of Denise O’Leary as a (Mrs. LOEFFLER) was added as a cospon- Mr. SCOTT of Florida, Mrs. HYDE- citizen regent of the Board of Regents of the sor of S. 109, a bill to prohibit taxpayer SMITH, Mrs. BLACKBURN, Mr. INHOFE, Smithsonian Institution; considered and funded abortions. Ms. ERNST, Mr. TILLIS, Mr. DAINES, passed. S. 130 Mr. SASSE, Mr. PERDUE, Mr. COTTON, By Mr. MCCONNELL (for Mr. PERDUE ASSE Mr. WICKER, Mr. RUBIO, Mr. SCOTT of At the request of Mr. S , the (for himself, Mr. BOOZMAN, and Mr. South Carolina, Mr. ROBERTS, and name of the Senator from Georgia LEAHY)): Mr. MORAN): (Mrs. LOEFFLER) was added as a cospon- S. 3173. A bill to amend the Internal Rev- S.J. Res. 67. A joint resolution providing sor of S. 130, a bill to amend title 18, for the reappointment of Risa Lavizzo- enue Code of 1986 to provide that amounts United States Code, to prohibit a paid for an abortion are not taken into ac- Mourey as a citizen regent of the Board of Regents of the Smithsonian Institution; con- health care practitioner from failing to count for purposes of the deduction for med- exercise the proper degree of care in ical expenses; to the Committee on Finance. sidered and passed. By Mr. BROWN (for himself, Mr. By Mr. KAINE (for himself, Mr. DUR- the case of a child who survives an BIN EE AUL MERKLEY, Mr. BLUMENTHAL, Mr. , Mr. L , and Mr. P ): abortion or attempted abortion. WHITEHOUSE, Mr. MARKEY, Mr. DUR- S.J. Res. 68. A joint resolution to direct S. 160 the removal of United States Armed Forces BIN, Mr. REED, Mr. CARDIN, and Ms. At the request of Mr. GRAHAM, the from hostilities against the Islamic Republic HARRIS): name of the Senator from Georgia S. 3174. A bill to amend the Federal Food, of Iran that have not been authorized by (Mrs. LOEFFLER) was added as a cospon- Drug, and Cosmetic Act with respect to the Congress; to the Committee on Foreign Rela- sale and marketing of tobacco products, and tions. sor of S. 160, a bill to amend title 18, United States Code, to protect pain-ca- for other purposes; to the Committee on f Health, Education, Labor, and Pensions. pable unborn children, and for other By Ms. CORTEZ MASTO: SUBMISSION OF CONCURRENT AND purposes. S. 3175. A bill to amend SAFETEA–LU to SENATE RESOLUTIONS S. 578 improve the Intelligent Transportation Sys- At the request of Mr. COTTON, the tem Program Advisory Committee, to re- The following concurrent resolutions quire information and resources for the de- and Senate resolutions were read, and name of the Senator from Georgia velopment of local smart communities, to referred (or acted upon), as indicated: (Mrs. LOEFFLER) was added as a cospon- help establish a 21st century transportation By Mr. CRUZ (for himself, Mr. COTTON, sor of S. 578, a bill to amend title II of workforce, and for other purposes; to the Ms. MCSALLY, Ms. MURKOWSKI, Mr. the Social Security Act to eliminate Committee on Commerce, Science, and CRAMER, Mr. GRAHAM, Mr. BARRASSO, the five-month waiting period for dis- Transportation. Mr. RUBIO, Mr. CORNYN, Mrs. HYDE- ability insurance benefits under such By Mr. RUBIO (for himself and Mr. SMITH, Mr. BLUNT, Mr. TOOMEY, Mr. title for individuals with amyotrophic COONS): WICKER, Ms. ERNST, Mr. HOEVEN, Mr. lateral sclerosis. S. 3176. A bill to amend the Foreign Assist- TILLIS, Mrs. CAPITO, Mr. SCOTT of S. 605 ance Act of 1961 and the United States-Israel Florida, Mr. DAINES, Mr. BRAUN, Mr. At the request of Ms. KLOBUCHAR, the Strategic Partnership Act of 2014 to make HAWLEY, Mr. KENNEDY, Mrs. LOEF- improvements to certain defense and secu- FLER, Mr. PERDUE, Mrs. BLACKBURN, names of the Senator from New Mexico rity assistance provisions and to authorize Mr. SASSE, Mr. SULLIVAN, Mrs. FISCH- (Mr. HEINRICH) and the Senator from the appropriations of funds to Israel, and for ER, Mr. ROBERTS, Mr. INHOFE, Mr. West Virginia (Mrs. CAPITO) were added other purposes; to the Committee on Foreign GRASSLEY, Mr. BOOZMAN, Mr. as cosponsors of S. 605, a bill to assist Relations. PORTMAN, Mr. RISCH, Mr. JOHNSON, By Mr. TESTER (for himself and Mr. States in carrying out projects to ex- Mr. ROUNDS, Mr. LANKFORD, Mr. CAS- LANKFORD): pand the child care workforce and child SIDY, Mr. ENZI, Mr. SCOTT of South S. 3177. A bill to provide the Inspector Gen- care facilities in the States, and for Carolina, Mr. SHELBY, Mr. CRAPO, Mr. eral of the Department of Veterans Affairs other purposes. GARDNER, and Mr. MCCONNELL): testimonial subpoena authority, and for S. Res. 466. A resolution honoring the S. 754 other purposes; to the Committee on Vet- At the request of Mr. CRAPO, the erans’ Affairs. members of the Armed Forces and the intel- By Mr. SCHUMER (for himself, Mr. ligence community of the United States who name of the Senator from Maine (Ms. carried out the mission that killed Qasem WYDEN, and Mr. MENENDEZ): COLLINS) was added as a cosponsor of S. S. 3178. A bill to amend the Internal Rev- Soleimani, and for other purposes; to the 754, a bill to encourage partnerships enue Code of 1986 to modify the limitation on Committee on Foreign Relations. among public agencies and other inter- By Mr. GRAHAM (for himself, Mr. deduction of State and local taxes, and for ested parties to promote fish conserva- MCCONNELL, Mr. GRASSLEY, Mrs. other purposes; to the Committee on Fi- tion, and for other purposes. nance. BLACKBURN, Mrs. CAPITO, Mr. S. 933 By Mrs. GILLIBRAND (for herself and CRAMER, Mr. CORNYN, Mr. PERDUE, Mrs. CAPITO): Mr. PORTMAN, Mr. SHELBY, Mr. At the request of Mr. WHITEHOUSE, S. 3179. A bill to establish a grant program BRAUN, Mrs. LOEFFLER, Mr. SCOTT of the names of the Senator from Lou- for family community organizations that Florida, Mrs. HYDE-SMITH, Mr. isiana (Mr. CASSIDY) and the Senator provide support for individuals struggling DAINES, Mr. RUBIO, Mr. INHOFE, Mr. from Maryland (Mr. CARDIN) were with substance use disorder and their fami- CRUZ, Ms. ERNST, Mr. TILLIS, Mr. added as cosponsors of S. 933, a bill to BOOZMAN, Mr. LANKFORD, Mr. SCOTT lies; to the Committee on Health, Education, improve data collection and moni- Labor, and Pensions. of South Carolina, Mrs. FISCHER, Mr. By Mr. KING: SASSE, and Mr. HOEVEN): toring of the Great Lakes, oceans, S. 3180. A bill to amend the Federal Food, S. Res. 467. A resolution expressing the bays, estuaries, and coasts, and for Drug, and Cosmetic Act to restrict direct-to- sense of the Senate that the House of Rep- other purposes.

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S. 944 Affordable Housing Crisis, and for 3040, a bill to amend the Higher Edu- At the request of Mr. SCHATZ, the other purposes. cation Act of 1965 to include teacher names of the Senator from California S. 2233 preparation for computer science in el- (Mrs. FEINSTEIN) and the Senator from At the request of Mr. SCHATZ, the ementary and secondary education. Illinois (Ms. DUCKWORTH) were added as name of the Senator from Rhode Island S. 3056 cosponsors of S. 944, a bill to enhance (Mr. WHITEHOUSE) was added as a co- At the request of Mr. DURBIN, the the security operations of the Trans- sponsor of S. 2233, a bill to nullify the name of the Senator from New Jersey portation Security Administration and effect of the recent executive order (Mr. MENENDEZ) was added as a cospon- the stability of the transportation se- that requires Federal agencies to share sor of S. 3056, a bill to designate as wil- curity workforce by applying a unified citizenship data. derness certain Federal portions of the personnel system under title 5, United S. 2321 red rock canyons of the Colorado Pla- States Code, to employees of the At the request of Mr. BLUNT, the teau and the Great Basin Deserts in the Transportation Security Administra- names of the Senator from Tennessee State of Utah for the benefit of present tion who are responsible for screening (Mrs. BLACKBURN), the Senator from and future generations of people in the passengers and property, and for other Florida (Mr. RUBIO), the Senator from United States. purposes. Wyoming (Mr. ENZI) and the Senator S. 3085 S. 1039 from Nebraska (Mrs. FISCHER) were At the request of Mr. CRAPO, the At the request of Mr. UDALL, the added as cosponsors of S. 2321, a bill to name of the Senator from Connecticut name of the Senator from Nevada (Ms. require the Secretary of the Treasury (Mr. MURPHY) was added as a cosponsor CORTEZ MASTO) was added as a cospon- to mint a coin in commemoration of of S. 3085, a bill to amend title XVIII of sor of S. 1039, a bill to limit the use of the 100th anniversary of the establish- the Social Security Act to modernize funds for kinetic military operations in ment of Negro Leagues baseball. the payments for ambulatory surgical or against Iran. S. 2529 centers under the Medicare program, S. 1186 At the request of Mr. GRASSLEY, the and for other purposes. At the request of Mr. CARDIN, the name of the Senator from Michigan S. 3102 name of the Senator from Ohio (Mr. (Mr. PETERS) was added as a cosponsor At the request of Mr. SCHUMER, the BROWN) was added as a cosponsor of S. of S. 2529, a bill to amend the Com- name of the Senator from California 1186, a bill to promote democracy and modity Exchange Act and the Securi- (Mrs. FEINSTEIN) was added as a co- human rights in Burma, and for other ties Exchange Act of 1934 to modify sponsor of S. 3102, a bill to require the purposes. provisions relating to whistleblower in- Bureau of Economic Analysis of the S. 1190 centives and protection, and for other Department of Commerce to provide At the request of Mrs. CAPITO, the purposes. estimates relating to the distribution names of the Senator from Alaska (Ms. S. 2661 of aggregate economic growth across MURKOWSKI) and the Senator from At the request of Ms. BALDWIN, the specific percentile groups of income. Rhode Island (Mr. WHITEHOUSE) were name of the Senator from Maine (Mr. S.J. RES. 6 added as cosponsors of S. 1190, a bill to KING) was added as a cosponsor of S. At the request of Mr. CARDIN, the amend title XVIII of the Social Secu- 2661, a bill to amend the Communica- names of the Senator from Pennsyl- rity Act to provide for payments for tions Act of 1934 to designate 9–8-8 as vania (Mr. CASEY), the Senator from certain rural health clinic and Feder- the universal telephone number for the Wisconsin (Ms. BALDWIN), the Senator ally qualified health center services purpose of the national suicide preven- from Washington (Mrs. MURRAY), the furnished to hospice patients under the tion and mental health crisis hotline Senator from Massachusetts (Ms. WAR- Medicare program. system operating through the National REN) and the Senator from Illinois (Ms. S. 1246 Suicide Prevention Lifeline and DUCKWORTH) were added as cosponsors At the request of Mr. KAINE, the through the Veterans Crisis Line, and of S.J. Res. 6, a joint resolution remov- name of the Senator from Illinois (Ms. for other purposes. ing the deadline for the ratification of DUCKWORTH) was added as a cosponsor S. 2892 the equal rights amendment. of S. 1246, a bill to extend the protec- At the request of Ms. HASSAN, the S.J. RES. 15 tions of the Fair Housing Act to per- names of the Senator from West Vir- At the request of Mr. MENENDEZ, the sons suffering discrimination on the ginia (Mrs. CAPITO), the Senator from name of the Senator from New Hamp- basis of sexual orientation or gender Arkansas (Mr. BOOZMAN) and the Sen- shire (Mrs. SHAHEEN) was added as a co- identity, and for other purposes. ator from Delaware (Mr. COONS) were sponsor of S.J. Res. 15, a joint resolu- S. 1374 added as cosponsors of S. 2892, a bill to tion proposing an amendment to the At the request of Ms. MCSALLY, the amend title XVIII of the Social Secu- Constitution of the United States rel- name of the Senator from Maryland rity Act to provide for the distribution ative to equal rights for men and (Mr. VAN HOLLEN) was added as a co- of additional residency positions to women. sponsor of S. 1374, a bill to amend title help combat the opioid crisis. S.J. RES. 64 II of the Social Security Act to elimi- S. 2898 At the request of Mr. MERKLEY, the nate the waiting periods for disability At the request of Mr. INHOFE, the name of the Senator from Utah (Mr. insurance benefits and Medicare cov- name of the Senator from Hawaii (Ms. LEE) was added as a cosponsor of S.J. erage for individuals with metastatic HIRONO) was added as a cosponsor of S. Res. 64, a joint resolution relating to breast cancer, and for other purposes. 2898, a bill to amend title 5, United the use of military force against the Is- S. 1554 States Code, to provide for a full annu- lamic Republic of Iran. At the request of Mr. BLUNT, the ity supplement for certain air traffic S. CON. RES. 32 name of the Senator from Wisconsin controllers. At the request of Mr. MARKEY, the (Ms. BALDWIN) was added as a cospon- S. 2989 name of the Senator from Illinois (Mr. sor of S. 1554, a bill to provide for an At the request of Mr. WYDEN, the DURBIN) was added as a cosponsor of S. automatic acquisition of United States name of the Senator from Arizona (Ms. Con. Res. 32, a concurrent resolution citizenship for certain internationally SINEMA) was added as a cosponsor of S. expressing the sense of Congress that adopted individuals, and for other pur- 2989, a bill to amend title XI of the So- attacks on cultural sites are war poses. cial Security Act to clarify the mailing crimes. S. 1772 requirement relating to social security S. RES. 463 At the request of Mr. YOUNG, the account statements. At the request of Mr. HAWLEY, the name of the Senator from Maryland S. 3040 name of the Senator from Kentucky (Mr. VAN HOLLEN) was added as a co- At the request of Ms. ROSEN, the (Mr. MCCONNELL) was added as a co- sponsor of S. 1772, a bill to establish name of the Senator from Oregon (Mr. sponsor of S. Res. 463, a resolution the Task Force on the Impact of the WYDEN) was added as a cosponsor of S. amending the Rules of Procedure and

VerDate Sep 11 2014 21:28 May 26, 2020 Jkt 099060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\RECORD20\JANUARY\S09JA0.REC S09JA0 sradovich on DSKJLST7X2PROD with CONG-REC-ONLINE January 9, 2020 CONGRESSIONAL RECORD — SENATE S127 Practice in the Senate When Sitting on or local taxes with respect to any real or per- (A) by striking ‘‘$500,000’’ each place such Impeachment Trials. sonal property paid during a taxable year be- term appears and inserting ‘‘$425,800’’; and ginning in 2020 or 2021, the Secretary shall (B) by striking ‘‘$150,689.50’’ and inserting S. RES. 465 prescribe rules which treat all or a portion of ‘‘$124,719.50’’; and At the request of Mr. MARKEY, the such taxes as paid in a taxable year or years (4) in subparagraph (D)— name of the Senator from Illinois (Mr. other than the taxable year in which actu- (A) by striking ‘‘$300,000’’ each place such DURBIN) was added as a cosponsor of S. ally paid as necessary or appropriate to pre- term appears and inserting ‘‘$239,500’’; and Res. 465, a resolution condemning vent the avoidance of the limitations of this (B) by striking ‘‘$80,689.50’’ and inserting threats by President Donald J. Trump subsection.’’. ‘‘$59,514.50’’. to violate the law of armed conflict (c) EFFECTIVE DATE.—The amendments (b) CONFORMING AMENDMENTS.— with respect to Iran. made by this section shall apply to taxes (1) Section 1(j)(4)(B)(iii) of the Internal paid or accrued in taxable years beginning Revenue Code of 1986 is amended— f after December 31, 2019. (A) in the matter preceding subclause (I), STATEMENTS ON INTRODUCED SEC. 4. INCREASE IN DEDUCTION FOR CERTAIN by striking ‘‘37 percent’’ and inserting ‘‘39.6 BILLS AND JOINT RESOLUTIONS EXPENSES OF ELEMENTARY AND percent’’; SECONDARY SCHOOL TEACHERS. (B) in subclause (II), by striking ‘‘37-per- By Mr. SCHUMER (for himself, (a) INCREASE.—Section 62(a)(2)(D) of the In- cent bracket’’ and inserting ‘‘39.6-percent Mr. WYDEN, and Mr. MENEN- ternal Revenue Code of 1986 is amended by bracket’’; and DEZ): striking ‘‘$250’’ and inserting ‘‘$1,000’’. (C) in the heading, by striking ‘‘37-PERCENT S. 3178. A bill to amend the Internal (b) CONFORMING AMENDMENTS.—Section BRACKET’’ and inserting ‘‘39.6-PERCENT Revenue Code of 1986 to modify the 62(d)(3) of the Internal Revenue Code of 1986 BRACKET’’. is amended— (2) Section 1(j)(4)(C) of such Code is amend- limitation on deduction of State and (1) by striking ‘‘2015’’ and inserting ‘‘2019’’; local taxes, and for other purposes; to ed— (2) by striking ‘‘$250’’ and inserting (A) in clause (i)(II), by striking ‘‘paragraph the Committee on Finance. ‘‘$1,000’’; and (5)(B)(i)(IV)’’ and inserting ‘‘paragraph Mr. SCHUMER. Mr. President, I ask (3) in subparagraph (B), by striking ‘‘2014’’ (5)(B)(iv)’’; and unanimous consent that the text of the and inserting ‘‘2018’’. (B) by amending clause (ii) to read as fol- bill be printed in the RECORD. (c) EFFECTIVE DATE.—The amendments lows: There being no objection, the text of made by this section shall apply to taxable ‘‘(ii) the amount which would (without re- the bill was ordered to be printed in years beginning after December 31, 2018. gard to this paragraph) be taxed at a rate SEC. 5. ABOVE-THE-LINE DEDUCTION ALLOWED the RECORD, as follows: below 39.6 percent shall not be more than the FOR CERTAIN EXPENSES OF FIRST S. 3178 sum of— RESPONDERS. ‘‘(I) the earned taxable income of such Be it enacted by the Senate and House of Rep- (a) IN GENERAL.—Section 62(a)(2) of the In- child, plus resentatives of the United States of America in ternal Revenue Code of 1986 is amended by ‘‘(II) the maximum dollar amount for the Congress assembled, adding at the end the following new subpara- 35-percent rate bracket for estates and SECTION 1. SHORT TITLE. graph: trusts.’’. This Act may be cited as the ‘‘Restoring ‘‘(F) CERTAIN EXPENSES OF FIRST RESPOND- (3) The heading of section 1(j)(5) of such ERS.—The deductions allowed by section 162 Tax Fairness for States and Localities Act’’. Code is amended to read as follows: ‘‘APPLI- which consist of expenses, not in excess of SEC. 2. ELIMINATION FOR 2019 OF MARRIAGE CATION OF ZERO PERCENT CAPITAL GAIN RATE $1,000, paid or incurred by a first responder— PENALTY IN LIMITATION ON DEDUC- BRACKETS’’. TION OF STATE AND LOCAL TAXES. ‘‘(i) as tuition or fees for the participation (4) Subparagraphs (A) and (B) of section (a) IN GENERAL.—Section 164(b) of the In- of the first responder in professional develop- 1(j)(5) of such Code are amended to read as ternal Revenue Code of 1986 is amended by ment courses related to service as a first re- follows: adding at the end the following new para- sponder; or ‘‘(A) IN GENERAL.—Subsection (h)(1)(B)(i) graph: ‘‘(ii) for uniforms used by the first re- shall be applied by substituting ‘below the ‘‘(7) SPECIAL RULE FOR LIMITATION ON INDI- sponder in service as a first responder.’’. maximum zero rate amount’ for ‘which VIDUAL DEDUCTIONS FOR 2019.—In the case of a (b) FIRST RESPONDER DEFINED.—Section would (without regard to this paragraph) be taxable year beginning after December 31, 62(d) of the Internal Revenue Code of 1986 is taxed at a rate below 25 percent’. 2018, and before January 1, 2020, if the ad- amended by adding at the end the following ‘‘(B) MAXIMUM ZERO RATE AMOUNT DE- justed gross income of the taxpayer for such new paragraph: FINED.—For purposes of subparagraph (A), taxable year does not exceed $100,000,000, ‘‘(4) FIRST RESPONDER.—For purposes of the term ‘maximum zero rate amount’ paragraph (6) shall be applied by substituting subsection (a)(2)(F), the term ‘first re- means— ‘($20,000 in the case of a joint return)’ for sponder’ means, with respect to any taxable ‘‘(i) in the case of a joint return or sur- ‘($5,000 in the case of a married individual fil- year, any individual who is employed as a viving spouse, $77,200; ing a separate return)’.’’. law enforcement officer, firefighter, para- ‘‘(ii) in the case of an individual who is a (b) EFFECTIVE DATE.—The amendment medic, or emergency medical technician for head of household (as defined in section 2(b)), made by this section shall apply to taxable at least 1,000 hours during such taxable $51,700; years beginning after December 31, 2018. year.’’. ‘‘(iii) in the case of any other individual (c) INFLATION ADJUSTMENT.—Section SEC. 3. ELIMINATION FOR 2020 AND 2021 OF LIMI- (other than an estate or trust), an amount TATION ON DEDUCTION OF STATE 62(d)(3) of the Internal Revenue Code of 1986, equal to 1⁄2 of the amount in effect for the AND LOCAL TAXES. as amended by section 4, is further amended taxable year under clause (i); and (a) IN GENERAL.—Section 164(b) of the In- by striking ‘‘the $1,000 amount in subsection ‘‘(iv) in the case of an estate or trust, ternal Revenue Code of 1986, as amended by (a)(2)(D)’’ and inserting ‘‘the $1,000 amount $2,600.’’. section 2, is further amended by adding at in each of subparagraphs (D) and (F) of sub- (5) Section 1(j)(5)(C) of such Code is amend- the end the following new paragraph: section (a)(2)’’. ed by striking ‘‘clauses (i) and (ii) of’’. ‘‘(8) SUSPENSION OF DOLLAR LIMITATION ON (d) EFFECTIVE DATE.—The amendments STATE AND LOCAL TAXES FOR 2020 AND 2021.— made by this section shall apply to taxable (c) EFFECTIVE DATE.—The amendments ‘‘(A) IN GENERAL.—In the case of any tax- years beginning after December 31, 2019. made by this section shall apply to taxable years beginning after December 31, 2019. able year beginning in 2020 or 2021, subpara- SEC. 6. INCREASE OF TOP MARGINAL INDI- ECTION OT O PPLY graph (B) of paragraph (6) shall not apply. VIDUAL INCOME TAX RATE UNDER (d) S 15 N T A .—Section 15 ‘‘(B) EXCEPTION FOR CERTAIN HIGH-INCOME TEMPORARY RULES. of the Internal Revenue Code of 1986 shall TAXPAYERS.—Subparagraph (A) shall not (a) IN GENERAL.—The tables contained in not apply to any change in a rate of tax by apply to any taxpayer for any taxable year if subparagraphs (A), (B), (C), (D), and (E) of reason of any amendment made by this sec- the adjusted gross income of such taxpayer section 1(j)(2) of the Internal Revenue Code tion. for such taxable year exceeds $100,000,000.’’. of 1986 are each amended by striking ‘‘37%’’ (b) CONFORMING AMENDMENTS.—Section and inserting ‘‘39.6%’’ and— By Mr. BOOZMAN (for himself, 164(b)(6) of the Internal Revenue Code of 1986 (1) in subparagraph (A)— Mr. PERDUE, and Mr. LEAHY): is amended— (A) by striking ‘‘$600,000’’ each place such S.J. Res. 65. A joint resolution pro- (1) by striking ‘‘For purposes of subpara- term appears and inserting ‘‘$479,000’’; and viding for the reappointment of John graph (B)’’ and inserting ‘‘For purposes of (B) by striking ‘‘$161,379’’ and inserting Fahey as a citizen regent of the Board this section’’; ‘‘$119,029’’; of Regents of the Smithsonian Institu- (2) by striking ‘‘January 1, 2018’’ and in- (2) in subparagraph (B)— tion; considered and passed. serting ‘‘January 1, 2022’’; (A) by striking ‘‘$500,000’’ each place such (3) by striking ‘‘December 31, 2017, shall’’ term appears and inserting ‘‘$452,400’’; and S.J. RES. 65 and inserting ‘‘December 31, 2021, shall’’; and (B) by striking ‘‘$149,298’’ and inserting Resolved by the Senate and House of Rep- (4) by adding at the end the following: ‘‘For ‘‘$132,638’’; resentatives of the United States of America in purposes of this section, in the case of State (3) in subparagraph (C)— Congress assembled, That, in accordance with

VerDate Sep 11 2014 01:46 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\A09JA6.026 S09JAPT1 SSpencer on DSKBBXCHB2PROD with SENATE S128 CONGRESSIONAL RECORD — SENATE January 9, 2020 section 5581 of the Revised Statutes (20 Mr. ROBERTS, Mr. INHOFE, Mr. GRASS- dents George W. Bush and Donald J. Trump, U.S.C. 43), the vacancy on the Board of Re- LEY, Mr. BOOZMAN, Mr. PORTMAN, Mr. the Department of the Treasury designated gents of the Smithsonian Institution, in the RISCH, Mr. JOHNSON, Mr. ROUNDS, Mr. the IRGC–QF for the imposition of sanctions class other than Members of Congress, occur- under Executive Order 13224 for providing LANKFORD, Mr. CASSIDY, Mr. ENZI, Mr. ring by reason of the expiration of the term material support to terrorist organizations SCOTT of South Carolina, Mr. SHELBY, of John Fahey of Massachusetts on February and as a foreign terrorist organization: Now, 20, 2020, is filled by the reappointment of the Mr. CRAPO, Mr. GARDNER, and Mr. therefore, be it incumbent. The reappointment is for a term MCCONNELL) submitted the following Resolved, That the Senate— of six years, beginning on the later of Feb- resolution; which was referred to the (1) declares that the death of Qasem ruary 20, 2020, or the date of the enactment Committee on Foreign Relations: Soleimani represents a measure of justice of this joint resolution. S. RES. 466 and relief for the families and friends of the hundreds of men and women of the United Whereas, on January 2, 2020, United States States who lost their lives in Iraq and Af- By Mr. BOOZMAN (for himself, personnel killed terrorist leader Qasem ghanistan, the men and women around the Mr. PERDUE, and Mr. LEAHY): Soleimani during the course of a targeted world who have been killed by other attacks S.J. Res. 66. A joint resolution pro- strike against terrorists engaged in planning sponsored by the Islamic Revolutionary imminent attacks against United States per- viding for the appointment of Denise Guard Corps-Quds Force (IRGC–QF), and the sons and personnel; O’Leary as a citizen regent of the men and women of the Armed Forces and the Whereas Qasem Soleimani was the leader Board of Regents of the Smithsonian intelligence community of the United States of the Islamic Revolutionary Guard Corps- Institution; considered and passed. who have sacrificed their lives pursuing Quds Force (IRGC–QF) terrorist organiza- Qasem Soleimani and the IRGC–QF; S.J. RES. 66 tion, a global terrorism threat to the United (2) commends the men and women of the Resolved by the Senate and House of Rep- States and the international community; Armed Forces and the intelligence commu- resentatives of the United States of America in Whereas Qasem Soleimani was the archi- nity of the United States for the tremendous Congress assembled, That, in accordance with tect of terrorist attacks in Iraq, Afghani- commitment, perseverance, professionalism, section 5581 of the Revised Statutes (20 stan, and elsewhere that killed hundreds of and sacrifice they displayed in disrupting U.S.C. 43), the vacancy on the Board of Re- United States personnel, including with imminent terrorist attacks planned by gents of the Smithsonian Institution, in the weapons and improvised explosives provided Qasem Soleimani; class other than Members of Congress, occur- directly by the IRGC–QF; (3) commends the men and women of the ring by reason of the resignation of Barbara Whereas Qasem Soleimani planned or sup- Armed Forces and the intelligence commu- M. Barrett of Arizona on October 17, 2019, is ported numerous other deadly terrorist at- nity of the United States for committing filled by the appointment of Denise O’Leary tacks against the United States and its al- themselves to defeating, disrupting, and dis- of Colorado. The appointment is for a term lies, including the 2011 plot to assassinate mantling the IRGC–QF; of six years, beginning on the date of the en- the Saudi Arabian Ambassador to the United (4) commends the President for ordering actment of this joint resolution States Adel al-Jubeir while he was in the the successful operations to locate and United States and the December 31, 2019, at- eliminate Qasem Soleimani; and By Mr. MCCONNELL (for Mr. tack on the United States Embassy in Bagh- (5) reaffirms its commitment to disrupting, dad, Iraq, as well as planned attacks in Ger- PERDUE (for himself, Mr. BOOZ- dismantling, and defeating the IRGC–QF and many, Bosnia, Bulgaria, Kenya, Bahrain, MAN, and Mr. LEAHY)): affiliated organizations around the world Turkey, and elsewhere; S.J. Res. 67. A joint resolution pro- that threaten the national security of the Whereas, under Presidents George W. Bush viding for the reappointment of Risa United States and to bringing terrorists to and Barack Obama, the Department of the justice. Lavizzo-Mourey as a citizen regent of Treasury designated Qasem Soleimani for the Board of Regents of the Smithso- the imposition of sanctions under Executive f nian Institution; considered and Order 13224 (50 U.S.C. 1701 note; relating to SENATE RESOLUTION 467—EX- passed. blocking property and prohibiting trans- PRESSING THE SENSE OF THE S.J. RES. 67 actions with persons who commit, threaten to commit, or support terrorism) for plotting SENATE THAT THE HOUSE OF Resolved by the Senate and House of Rep- to assassinate the Saudi Arabian Ambas- REPRESENTATIVES SHOULD, resentatives of the United States of America in sador to the United States, under Executive CONSISTENT WITH ITS CON- Congress assembled, That, in accordance with Order 13382 (50 U.S.C. 1701 note; relating to section 5581 of the Revised Statutes (20 STITUTIONAL OBLIGATIONS, IM- blocking property of weapons of mass de- U.S.C. 43), the vacancy on the Board of Re- MEDIATELY TRANSMIT THE 2 struction proliferators and their supporters) gents of the Smithsonian Institution, in the ARTICLES OF IMPEACHMENT based on Qasem Soleimani’s relationship to class other than Members of Congress, occur- AGAINST PRESIDENT DONALD J. the Islamic Revolutionary Guard Corps, and ring by reason of the expiration of the term TRUMP PASSED BY THE HOUSE under Executive Order 13572 (50 U.S.C. 1701 of Risa Lavizzo-Mourey of Pennsylvania on note; relating to blocking property of certain OF REPRESENTATIVES ON DE- February 21, 2020, is filled by the reappoint- persons with respect to human rights abuses CEMBER 18, 2019, UNDER HOUSE ment of the incumbent. The reappointment in Syria); RESOLUTION 755 is for a term of six years, beginning on the Whereas the valiant members of the United later of February 21, 2020, or the date of en- Mr. GRAHAM (for himself, Mr. States Armed Forces have courageously and actment of this joint resolution. MCCONNELL, Mr. GRASSLEY, Mrs. vigorously pursued the IRGC–QF and its af- BLACKBURN, Mrs. CAPITO, Mr. CRAMER, f filiates in Iraq, Afghanistan, and around the Mr. CORNYN, Mr. PERDUE, Mr. SUBMITTED RESOLUTIONS world; Whereas the anonymous, unsung heroes of PORTMAN, Mr. SHELBY, Mr. BRAUN, Mrs. the intelligence community of the United LOEFFLER, Mr. SCOTT of Florida, Mrs. SENATE RESOLUTION 466—HON- States have pursued the IRGC–QF and its af- HYDE-SMITH, Mr. DAINES, Mr. RUBIO, filiates in Iraq, Afghanistan, and around the Mr. INHOFE, Mr. CRUZ, Ms. ERNST, Mr. ORING THE MEMBERS OF THE world with tremendous dedication, sacrifice, TILLIS, Mr. BOOZMAN, Mr. LANKFORD, ARMED FORCES AND THE INTEL- and professionalism; Mr. SCOTT of South Carolina, Mrs. LIGENCE COMMUNITY OF THE Whereas, although the death of Qasem FISCHER, Mr. SASSE, and Mr. HOEVEN) UNITED STATES WHO CARRIED Soleimani represents a significant blow to submitted the following resolution; OUT THE MISSION THAT KILLED the IRGC-QF and its affiliates and to ter- which was referred to the Committee rorist organizations around the world, ter- QASEM SOLEIMANI, AND FOR on Rules and Administration.: OTHER PURPOSES rorism remains a critical threat to the na- tional security of the United States; S. RES. 467 Mr. CRUZ (for himself, Mr. COTTON, Whereas Qasem Soleimani and the IRGC– Whereas, pursuant to article I, section 2 of Ms. MCSALLY, Ms. MURKOWSKI, Mr. QF have provided critical support to the re- the Constitution of the United States, the CRAMER, Mr. GRAHAM, Mr. BARRASSO, gime of Bashar al-Assad in Syria and pur- House of Representatives ‘‘shall have the Mr. RUBIO, Mr. CORNYN, Mrs. HYDE- sued the targeted killing and ethnic cleans- sole Power of Impeachment’’; SMITH, Mr. BLUNT, Mr. TOOMEY, Mr. ing of hundreds of thousands of Sunni Mus- Whereas, pursuant to article I, section 3 of WICKER, Ms. ERNST, Mr. HOEVEN, Mr. lims across the Middle East; and the Constitution of the United States, the Whereas the IRGC–QF supports terrorist Senate ‘‘shall have the sole Power to try all TILLIS, Mrs. CAPITO, Mr. SCOTT of Flor- groups around the world, including Kata’ib Impeachments’’; ida, Mr. DAINES, Mr. BRAUN, Mr. Hezbollah, the Taliban, Lebanese Hezbollah, Whereas, on December 18, 2019, the House HAWLEY, Mr. KENNEDY, Mrs. LOEFFLER, Hamas, Palestinian Islamic Jihad, and the of Representatives passed 2 articles of im- Mr. PERDUE, Mrs. BLACKBURN, Mr. Popular Front for the Liberation of Pal- peachment against President Donald J. SASSE, Mr. SULLIVAN, Mrs. FISCHER, estine-General Command, and under Presi- Trump;

VerDate Sep 11 2014 01:46 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\A09JA6.028 S09JAPT1 SSpencer on DSKBBXCHB2PROD with SENATE January 9, 2020 CONGRESSIONAL RECORD — SENATE S129 Whereas, since passage, the Speaker of the and other countries in the region, including Strike all after the enacting clause and in- House of Representatives has refused to by— sert the following: transmit the articles to the Senate, unless (A) combating terrorists, including the Is- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. the Senate agrees to allow the Speaker of lamic State of Iraq and Syria (ISIS); (a) SHORT TITLE.—This Act may be cited as the House of Representatives to dictate the (B) preventing Iran from achieving a nu- the ‘‘America’s Conservation Enhancement rules of a trial; clear weapons capability; and Act’’. Whereas, the Constitution of the United (C) supporting the people of Iraq, Iran, and (b) TABLE OF CONTENTS.—The table of con- States does not provide the Speaker of the other countries throughout the Middle East tents for this Act is as follows: House of Representatives with the power to who demand an end to government corrup- effectively veto a resolution passed by a duly tion and violations of basic human rights. Sec. 1. Short title; table of contents. elected majority of the House of Representa- (5) Over the past eight months, in response TITLE I—WILDLIFE ENHANCEMENT, tives by refusing to transmit such a resolu- to rising tensions with Iran, the United DISEASE, AND PREDATION tion to the Senate; States has introduced over 15,000 additional Sec. 101. Theodore Roosevelt Genius Prize Whereas, the refusal by the Speaker of the forces into the Middle East. for reducing human-predator House of Representatives to transmit the ar- (6) When the United States uses military conflict. ticles is a flagrant violation of the separa- force, the American people and members of Sec. 102. Losses of livestock due to depreda- tion of powers expressly outlined in the bi- the United States Armed Forces deserve a tion by federally protected spe- cameral impeachment process under the credible explanation regarding such use of cies. Constitution of the United States; military force. Sec. 103. Depredation permits for black vul- Whereas, this inaction by the Speaker of (7) The War Powers Resolution (50 U.S.C. tures and common ravens. the House of Representatives is a gross in- 1541 et seq.) requires the President to consult Sec. 104. Chronic Wasting Disease Task fringement on the constitutional authority with Congress ‘‘in every possible instance’’ Force. of the Senate to try impeachments; before introducing United States Armed Sec. 105. Invasive species. Whereas, the refusal by the Speaker of the Forces into hostilities. Sec. 106. North American Wetlands Con- House of Representatives to transmit the ar- (8) Congress has not authorized the Presi- servation Act. ticles is unprecedented for presidential im- dent to use military force against Iran. Sec. 107. National Fish and Wildlife Founda- peachments; (b) TERMINATION.—Pursuant to section 5(c) tion Establishment Act. Whereas, refusing to transmit the articles of the War Powers Resolution (50 U.S.C. Sec. 108. Modification of definition of sport is resulting in the denial of President 1544(c)), Congress hereby directs the Presi- fishing equipment under Toxic Trump’s day in court; and dent to terminate the use of United States Substances Control Act. Whereas, if allowed to stand, this inaction Armed Forces to engage in hostilities in or Sec. 109. Reauthorization of Chesapeake Bay by the Speaker of the House of Representa- against Iran or any part of its government or Program. tives would set a dangerous precedent for the military, unless— Sec. 110. Reauthorization of Chesapeake Bay constitutional system of Government in the (1) Congress has declared war or enacted Initiative Act of 1998. United States: Now, therefore, be it specific statutory authorization for such use Sec. 111. Chesapeake watershed investments Resolved, That the Senate calls on the of the Armed Forces; or for landscape defense. Speaker of the House of Representatives to (2) such use of the Armed Forces is nec- TITLE II—NATIONAL FISH HABITAT CON- immediately appoint impeachment managers essary and appropriate to defend against an SERVATION THROUGH PARTNERSHIPS and transmit the articles of impeachment to imminent armed attack upon the United Sec. 201. Purpose. the Senate for disposition consistent with States, its territories or possessions, or its Sec. 202. Definitions. the Constitution of the United States. Armed Forces, consistent with the require- Sec. 203. National Fish Habitat Board. f ments of the War Powers Resolution. Sec. 204. Fish Habitat Partnerships. (c) RULE OF CONSTRUCTION.—Nothing in Sec. 205. Fish Habitat Conservation SENATE CONCURRENT RESOLU- this section may be construed— Projects. TION 33—DIRECTING THE PRESI- (1) to prevent the President from using Sec. 206. Technical and scientific assistance. DENT PURSUANT TO SECTION military force against al Qaeda or associated Sec. 207. Coordination with States and In- 5(C) OF THE WAR POWERS RESO- forces; dian Tribes. (2) to limit the obligations of the executive LUTION TO TERMINATE THE USE Sec. 208. Interagency Operational Plan. branch set forth in the War Powers Resolu- Sec. 209. Accountability and reporting. OF UNITED STATES ARMED tion (50 U.S.C. 1541 et seq.); Sec. 210. Effect of this title. FORCES TO ENGAGE IN HOS- (3) to affect the provisions of an Act or Sec. 211. Nonapplicability of Federal Advi- TILITIES IN OR AGAINST IRAN joint resolution of Congress specifically au- sory Committee Act. Mr. UDALL submitted the following thorizing the use of United States Armed Sec. 212. Funding. concurrent resolution; which was re- Forces to engage in hostilities against Iran Sec. 213. Prohibition against implementa- or any part of its government or military tion of regulatory authority by ferred to the Committee on Foreign that is enacted after the date of the adoption Federal agencies through Part- Relations: of this concurrent resolution; nerships. S. CON. RES. 33 (4) to prevent the use of necessary and ap- TITLE III—MISCELLANEOUS Resolved by the Senate (the House of Rep- propriate military force to defend United Sec. 301. Sense of the Senate regarding con- resentatives concurring), States allies and partners if authorized by servation agreements and ac- SECTION 1. TERMINATION OF USE OF UNITED Congress consistent with the requirements of tivities. STATES ARMED FORCES TO ENGAGE the War Powers Resolution; or Sec. 302. Study to review conservation fac- IN HOSTILITIES IN OR AGAINST (5) to authorize the use of military force. IRAN. tors. (a) FINDINGS.—Congress makes the fol- f Sec. 303. Study and report on expenditures. lowing findings: AMENDMENTS SUBMITTED AND Sec. 304. Use of value of land for cost shar- ing. (1) The Government of Iran is a leading PROPOSED state sponsor of terrorism and engages in a TITLE I—WILDLIFE ENHANCEMENT, range of destabilizing activities across the SA 1276. Mr. MCCONNELL (for Mr. BAR- DISEASE, AND PREDATION RASSO) proposed an amendment to the bill Middle East. Iranian General Qassem SEC. 101. THEODORE ROOSEVELT GENIUS PRIZE Soleimani was the lead architect of much of H.R. 925, to improve protections for wildlife, FOR REDUCING HUMAN-PREDATOR Iran’s destabilizing activities throughout the and for other purposes. CONFLICT. SA 1277. Mr. MCCONNELL (for Mr. BAR- world. (a) IN GENERAL.—Section 7001(d) of the RASSO) proposed an amendment to the bill (2) The United States has an inherent right John D. Dingell, Jr. Conservation, Manage- H.R. 925, supra. to self-defense against imminent armed at- ment, and Recreation Act (16 U.S.C. 742b SA 1278. Mr. MCCONNELL (for Mr. SUL- tacks. The United States maintains the right note; Public Law 116–9) is amended— LIVAN (for himself, Mr. WHITEHOUSE, and Mr. to ensure the safety of diplomatic personnel (1) in paragraphs (2)(C)(v), (3)(C)(v), MENENDEZ)) proposed an amendment to the serving abroad. bill S. 1982, to improve efforts to combat ma- (4)(C)(v), (5)(C)(v), and (6)(C)(v), by striking (3) In matters of imminent armed attacks, rine debris, and for other purposes. ‘‘paragraph (7)(A)’’ each place it appears and the executive branch should indicate to Con- inserting ‘‘paragraph (8)(A)’’; gress why military action was necessary f (2) in paragraphs (2)(D)(ii), (2)(F)(ii), within a certain window of opportunity, the TEXT OF AMENDMENTS (3)(D)(ii), (3)(F)(ii), (4)(D)(ii), (4)(F)(ii), possible harm that missing the window (5)(D)(ii), (5)(F)(ii), (6)(D)(ii), and (6)(F)(ii) by would cause, and why the action was likely SA 1276. Mr. MCCONNELL (for Mr. striking ‘‘paragraph (7)(B)’’ each place it ap- to prevent future disastrous attacks against BARRASSO) proposed an amendment to pears and inserting ‘‘paragraph (8)(B)’’; the United States. the bill H.R. 925, to improve protec- (3) in paragraph (6)(C)(iv), in the matter (4) The United States has national inter- tions for wildlife, and for other pur- preceding clause (i), by striking ‘‘subpara- ests in preserving its partnership with Iraq poses; as follows: graph (C)’’ and inserting ‘‘clause (iii)’’;

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(4) by redesignating paragraph (7) as para- life species at risk due to conflict with (b) SENSE OF CONGRESS.—It is the sense of graph (8); human activities; Congress that data collected from the tag- (5) by inserting after paragraph (6) the fol- ‘‘(III) 1 or more State, regional, or local ging of predators can inform innovative lowing: wildlife organizations, the mission of which management of those predators and innova- ‘‘(7) THEODORE ROOSEVELT GENIUS PRIZE FOR relates to the management of native wildlife tive education activities to minimize REDUCING HUMAN-PREDATOR CONFLICT.— species at risk due to conflict with human human-predator conflict. ‘‘(A) DEFINITIONS.—In this paragraph: activities; and SEC. 102. LOSSES OF LIVESTOCK DUE TO DEPRE- ‘‘(i) BOARD.—The term ‘Board’ means the ‘‘(IV) 1 or more wildlife conservation DATION BY FEDERALLY PROTECTED Reducing Human-Predator Conflict Tech- groups, technology companies, research in- SPECIES. nology Advisory Board established by sub- stitutions, institutions of higher education, (a) DEFINITIONS.—In this section: paragraph (C)(i). industry associations, or individual stake- (1) DEPREDATION.— ‘‘(ii) PRIZE COMPETITION.—The term ‘prize holders with an interest in the management (A) IN GENERAL.—The term ‘‘depredation’’ competition’ means the Theodore Roosevelt of native wildlife species at risk due to con- means actual death, injury, or destruction of Genius Prize for reducing human-predator flict with human activities. livestock that is caused by a federally pro- conflict established under subparagraph (B). ‘‘(v) REQUIREMENTS.—The Board shall com- tected species. ply with all requirements under paragraph ‘‘(B) AUTHORITY.—Not later than 180 days (B) EXCLUSIONS.—The term ‘‘depredation’’ after the date of enactment of the America’s (8)(A). does not include damage to real or personal Conservation Enhancement Act, the Sec- ‘‘(D) AGREEMENT WITH NATIONAL FISH AND property other than livestock, including— WILDLIFE FOUNDATION.— retary shall establish under section 24 of the (i) damage to— ‘‘(i) IN GENERAL.—The Secretary shall offer Stevenson-Wydler Technology Innovation (I) other animals; to enter into an agreement under which the Act of 1980 (15 U.S.C. 3719) a prize competi- (II) vegetation; National Fish and Wildlife Foundation shall tion, to be known as the ‘Theodore Roosevelt (III) motor vehicles; or administer the prize competition. Genius Prize for reducing human-predator (IV) structures; ‘‘(ii) REQUIREMENTS.—An agreement en- conflict’— (ii) diseases; tered into under clause (i) shall comply with ‘‘(i) to encourage technological innovation (iii) lost profits; or all requirements under paragraph (8)(B). with the potential to advance the mission of (iv) consequential damages. ‘‘(E) JUDGES.— the United States Fish and Wildlife Service (2) FEDERALLY PROTECTED SPECIES.—The ‘‘(i) APPOINTMENT.—The Secretary shall ap- term ‘‘federally protected species’’ means a with respect to reducing the frequency of point not fewer than 3 judges who shall, ex- species that is or previously was protected human-predator conflict using nonlethal cept as provided in clause (ii), select the 1 or under— means; and more annual winners of the prize competi- ‘‘(ii) to award 1 or more prizes annually for tion. (A) the Act of June 8, 1940 (commonly known as the ‘‘Bald and Golden Eagle Pro- a technological advancement that promotes ‘‘(ii) DETERMINATION BY SECRETARY.—The reducing human-predator conflict using non- judges appointed under clause (i) shall not tection Act’’) (54 Stat. 250, chapter 278; 16 lethal means, which may include the appli- select any annual winner of the prize com- U.S.C. 668 et seq.); cation and monitoring of tagging tech- petition if the Secretary makes a determina- (B) the Endangered Species Act of 1973 (16 nologies. tion that, in any fiscal year, none of the U.S.C. 1531 et seq.); or ‘‘(C) ADVISORY BOARD.— technological advancements entered into the (C) the Migratory Bird Treaty Act (16 ‘‘(i) ESTABLISHMENT.—There is established prize competition merits an award. U.S.C. 703 et seq.). an advisory board, to be known as the ‘Re- ‘‘(F) CONSULTATION WITH NOAA.—The Sec- (3) INDIAN TRIBE.—The term ‘‘Indian tribe’’ ducing Human-Predator Conflict Technology retary shall consult with the Secretary of has the meaning given the term in section 4 Advisory Board’. Commerce, acting through the Adminis- of the Indian Self-Determination and Edu- ‘‘(ii) COMPOSITION.—The Board shall be trator of the National Oceanic and Atmos- cation Assistance Act (25 U.S.C. 5304). composed of not fewer than 9 members ap- pheric Administration, in the case of a cash (4) LIVESTOCK.— pointed by the Secretary, who shall provide prize awarded under the prize competition (A) IN GENERAL.—The term ‘‘livestock’’ expertise in— for a technology that addresses conflict be- means horses, mules and asses, rabbits, lla- ‘‘(I) predator-human interactions; tween marine predators under the jurisdic- mas, cattle, bison, swine, sheep, goats, poul- ‘‘(II) the habitats of large predators; tion of the Secretary of Commerce, acting try, bees, honey and beehives, or any other ‘‘(III) biology; through the Administrator of the National animal generally used for food or in the pro- ‘‘(IV) technology development; Oceanic and Atmospheric Administration, duction of food or fiber. ‘‘(V) engineering; and humans. (B) INCLUSION.—The term ‘‘livestock’’ in- ‘‘(VI) economics; ‘‘(G) REPORT TO CONGRESS.—Not later than cludes guard animals actively engaged in the ‘‘(VII) business development and manage- 60 days after the date on which a cash prize protection of livestock described in subpara- ment; and is awarded under this paragraph, the Sec- graph (A). ‘‘(VIII) any other discipline, as the Sec- retary shall submit to the Committee on En- (5) PROGRAM.—The term ‘‘program’’ means retary determines to be necessary to achieve vironment and Public Works of the Senate the grant program established under sub- the purposes of this paragraph. and the Committee on Natural Resources of section (b)(1). ‘‘(iii) DUTIES.—Subject to clause (iv), with the House of Representatives a report on the (6) SECRETARIES.—The term ‘‘Secretaries’’ respect to the prize competition, the Board prize competition that includes— means— shall— ‘‘(i) a statement by the Board that de- (A) the Secretary of the Interior, acting ‘‘(I) select a topic; scribes the activities carried out by the through the Director of the United States ‘‘(II) issue a problem statement; Board relating to the duties described in sub- Fish and Wildlife Service; and ‘‘(III) advise the Secretary regarding any paragraph (C)(iii); (B) the Secretary of Agriculture, acting opportunity for technological innovation to ‘‘(ii) if the Secretary has entered into an through the Administrator of the Animal reduce human-predator conflict using non- agreement under subparagraph (D)(i), a and Plant Health Inspection Service. lethal means; and statement by the National Fish and Wildlife (b) GRANT PROGRAM FOR LOSSES OF LIVE- ‘‘(IV) advise winners of the prize competi- Foundation that describes the activities car- STOCK DUE TO DEPREDATION BY FEDERALLY tion regarding opportunities to pilot and im- ried out by the National Fish and Wildlife PROTECTED SPECIES.— plement winning technologies in relevant Foundation relating to the duties described (1) IN GENERAL.—The Secretaries shall es- fields, including in partnership with con- in paragraph (8)(B); and tablish a program to provide grants to servation organizations, Federal or State ‘‘(iii) a statement by 1 or more of the States and Indian tribes to supplement agencies, federally recognized Indian Tribes, judges appointed under subparagraph (E) amounts provided by States, Indian tribes, private entities, and research institutions that explains the basis on which the winner or State agencies under 1 or more programs with expertise or interest relating to reduc- of the cash prize was selected. established by the States and Indian tribes ing human-predator conflict using nonlethal ‘‘(H) TERMINATION OF AUTHORITY.—The (including programs established after the means. Board and all authority provided under this date of enactment of this Act)— ‘‘(iv) CONSULTATION.—In selecting a topic paragraph shall terminate on December 31, (A) to assist livestock producers in car- and issuing a problem statement for the 2023.’’; and rying out— prize competition under subclauses (I) and (6) in paragraph (8) (as so redesignated)— (i) proactive and nonlethal activities to re- (II) of clause (iii), respectively, the Board (A) in subparagraph (A), in the matter pre- duce the risk of livestock loss due to depre- shall consult widely with Federal and non- ceding clause (i), by striking ‘‘or (6)(C)(i)’’ dation by federally protected species occur- Federal stakeholders, including— and inserting ‘‘(6)(C)(i), or (7)(C)(i)’’; and ring on— ‘‘(I) 1 or more Federal agencies with juris- (B) in subparagraph (B)— (I) Federal, State, or private land within diction over the management of native wild- (i) in the matter preceding clause (i), by the applicable State; or life species at risk due to conflict with striking ‘‘or (6)(D)(i)’’ and inserting (II) land owned by, or held in trust for the human activities; ‘‘(6)(D)(i), or (7)(D)(i)’’; and benefit of, the applicable Indian tribe; and ‘‘(II) 1 or more State agencies with juris- (ii) in clause (i)(VII), by striking ‘‘and (ii) research relating to the activities de- diction over the management of native wild- (6)(E)’’ and inserting ‘‘(6)(E), and (7)(E)’’. scribed in clause (i); and

VerDate Sep 11 2014 01:46 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\A09JA6.035 S09JAPT1 SSpencer on DSKBBXCHB2PROD with SENATE January 9, 2020 CONGRESSIONAL RECORD — SENATE S131 (B) to compensate livestock producers for section (a), that the permit holder shall re- more than 2 representatives, to be nomi- livestock losses due to depredation by feder- port to the appropriate enforcement agencies nated by the Governor of the State— ally protected species occurring on— the takings of black vultures or common (I) not more than 1 of whom shall be a rep- (i) Federal, State, or private land within ravens pursuant to the permit. resentative of the State agency with juris- the applicable State; or SEC. 104. CHRONIC WASTING DISEASE TASK diction over wildlife management or wildlife (ii) land owned by, or held in trust for the FORCE. disease in the State; and benefit of, the applicable Indian tribe. (a) DEFINITION OF CHRONIC WASTING DIS- (II) in the case of a State with a farmed (2) ALLOCATION OF FUNDING.— EASE.—In this section, the term ‘‘chronic cervid program or economy, not more than 1 (A) REPORTS TO THE SECRETARIES.—Not wasting disease’’ means the animal disease of whom shall be a representative of the later than September 30 of each year, a State afflicting deer, elk, and moose populations State agency with jurisdiction over farmed or Indian tribe desiring to receive a grant that— cervid regulation in the State; under the program shall submit to the Secre- (1) is a transmissible disease of the nervous (v) in the case of each State in which taries a report describing, for the 1-year pe- system resulting in distinctive lesions in the chronic wasting disease among elk, mule riod ending on that September 30, the losses brain; and deer, white-tailed deer, or moose has not of livestock due to depredation by federally (2) belongs to the group of diseases known been documented, but that has carried out protected species occurring on— as transmissible spongiform measures to prevent the introduction of (i) Federal, State, or private land within encephalopathies, which group includes chronic wasting disease among those species, the applicable State; or scrapie, bovine spongiform encephalopathy, not more than 2 representatives, to be nomi- (ii) land owned by, or held in trust for the and Creutzfeldt-Jakob disease. nated by the Governor of the State; (vi) not more than 2 representatives from benefit of, the applicable Indian tribe. (b) ESTABLISHMENT.— an Indian tribe or tribal organization chosen (B) ALLOCATION.—The Secretaries shall al- (1) IN GENERAL.—There is established with- in a process determined, in consultation with locate available funding to carry out this in the United States Fish and Wildlife Serv- Indian tribes, by the Secretary; and Act among States and Indian tribes for a 1- ice a task force, to be known as the ‘‘Chronic (vii) not more than 5 nongovernmental year period ending on September 30 based on Wasting Disease Task Force’’ (referred to in members with relevant expertise appointed, the losses described in the reports submitted this subsection as the ‘‘Task Force’’). for the previous 1-year period ending on Sep- after the date on which the members are (2) DUTIES.—The Task Force shall— first appointed under clauses (i) through (vi), tember 30 under subparagraph (A). (A) collaborate with foreign governments (3) ELIGIBILITY.—To be eligible to receive a by a majority vote of the State representa- to share research, coordinate efforts, and dis- tives appointed under clause (iv). grant under paragraph (1), a State or Indian cuss best management practices to reduce, (B) EFFECT.—Nothing in this paragraph re- tribe shall— minimize, prevent, or eliminate chronic (A) designate an appropriate agency of the quires a State to participate in the Task wasting disease in the United States; Force. State or Indian tribe to administer the 1 or (B) develop recommendations, including more programs supplemented by the grant (4) CO-CHAIRS.—The Co-Chairs of the Task recommendations based on findings of the Force shall be— funds; study conducted under subsection (c), and a (B) establish 1 or more accounts to receive (A) the Federal representative described in set of best practices regarding— paragraph (3)(A)(i); and grant funds; (i) the interstate coordination of practices (B) 1 State representative appointed under (C) maintain files of all claims received to prevent the new introduction of chronic paragraph (3)(A)(iv), to be selected by a ma- and paid under grant-funded programs, in- wasting disease; jority vote of those State representatives. cluding supporting documentation; and (ii) the prioritization and coordination of (5) DATE OF INITIAL APPOINTMENT.— (D) submit to the Secretaries— the future study of chronic wasting disease, (A) IN GENERAL.—The members of the Task (i) annual reports that include— based on evolving research needs; Force shall be appointed not later than 180 (I) a summary of claims and expenditures (iii) ways to leverage the collective re- days after the date on which the study is under the program during the year; and sources of Federal, State, and local agencies, completed under subsection (c). (II) a description of any action taken on Indian Tribes, and foreign governments, and (B) NOTIFICATION.—On appointment of the the claims; and resources from private, nongovernmental en- members of the Task Force, the Co-Chairs of (ii) such other reports as the Secretaries tities, to address chronic wasting disease in the Task Force shall notify the Chairs and may require to assist the Secretaries in de- the United States and along the borders of Ranking Members of the Committees on En- termining the effectiveness of assisted ac- the United States; and vironment and Public Works of the Senate tivities under this section. (iv) any other area where containment or and Natural Resources of the House of Rep- (c) SENSE OF THE SENATE.—It is the sense management efforts relating to chronic resentatives. of the Senate that— wasting disease may differ across jurisdic- (6) VACANCIES.—Any vacancy in the mem- (1) no State or Indian tribe is required to tions; bers appointed to the Task Force— participate in the program; and (C) draw from existing and future academic (A) shall not affect the power or duty of (2) the program supplements, and does not and management recommendations to de- the Task Force; and replace or supplant, any State compensation velop an interstate action plan under which (B) shall be filled not later than 30 days programs for depredation. States and the United States Fish and Wild- after the date of the vacancy. (d) AUTHORIZATION OF APPROPRIATIONS.— life Service agree to enact consistent man- (7) MEETINGS.—The Task Force shall con- There is authorized to be appropriated to agement, educational, and research practices vene— carry out this section $15,000,000 for each of relating to chronic wasting disease; and (A) not less frequently than twice each fiscal years 2021 through 2025, of which— (D) facilitate the creation of a cooperative year; and (1) $5,000,000 shall be used to provide grants agreement by which States and relevant (B) at such time and place, and by such for the purposes described in subsection Federal agencies agree to commit funds to means, as the Co-Chairs of the Task Force (b)(1)(A); and implement best practices described in the determine to be appropriate, which may in- (2) $10,000,000 shall be used to provide interstate action plan developed under sub- clude the use of remote conference tech- grants for the purpose described in sub- paragraph (C). nology. section (b)(1)(B). (3) MEMBERSHIP.— (8) INTERSTATE ACTION PLAN.— SEC. 103. DEPREDATION PERMITS FOR BLACK (A) IN GENERAL.—The Task Force shall be (A) IN GENERAL.—Not later than 1 year VULTURES AND COMMON RAVENS. composed of— after the date on which the members of the (a) IN GENERAL.—The Secretary of the In- terior, acting through the Director of the (i) 1 representative of the United States Task Force are appointed, the Task Force United States Fish and Wildlife Service (re- Fish and Wildlife Service with experience in shall submit to the Secretary, and the heads ferred to in this section as the ‘‘Secretary’’), chronic wasting disease, to be appointed by of the State agencies with jurisdiction over may issue depredation permits to livestock the Secretary of the Interior (referred to in wildlife disease and farmed cervid regulation producers authorizing takings of black vul- this subsection as the ‘‘Secretary’’); of each State with a representative on the tures or common ravens otherwise prohib- (ii) 1 representative of the United States Task Force, the interstate action plan devel- ited by Federal law to prevent those vultures Geological Survey; oped by the Task Force under paragraph or common ravens from taking livestock (iii) 2 representatives of the Department of (2)(C). during the calving season or lambing season. Agriculture with experience in chronic wast- (B) COOPERATIVE AGREEMENTS.— (b) LIMITED TO AFFECTED STATES OR RE- ing disease, to be appointed by the Secretary (i) IN GENERAL.—To the maximum extent GIONS.—The Secretary may issue permits of Agriculture— practicable, the Secretary, any other appli- under subsection (a) only to livestock pro- (I) 1 of whom shall have expertise in re- cable Federal agency, and each applicable ducers in States and regions in which live- search; and State shall enter into a cooperative agree- stock producers are affected or have been af- (II) 1 of whom shall have expertise in wild- ment to fund necessary actions under the fected in the previous year by black vultures life management; interstate action plan submitted under sub- or common ravens, as determined by Sec- (iv) in the case of each State in which paragraph (A). retary. chronic wasting disease among elk, mule (ii) TARGET DATE.—The Secretary shall (c) REPORTING.—The Secretary shall re- deer, white-tailed deer, or moose has been re- make the best effort of the Secretary to quire, as a condition of a permit under sub- ported to the appropriate State agency, not enter into any cooperative agreement under

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clause (i) not later than 180 days after the (III) the relative frequency of transmission (d) AUTHORIZATION OF APPROPRIATIONS.— date of submission of the interstate action of each pathway and mechanism identified There are authorized to be appropriated to plan under subparagraph (A). under subclause (I); carry out this section— (C) MATCHING FUNDS.— (ii)(I) anthropogenic and environmental (1) for the period of fiscal years 2021 (i) IN GENERAL.—Subject to clause (ii), for factors contributing to new chronic wasting through 2025, $5,000,000 to the Secretary of each fiscal year, the United States Fish and disease emergence events; the Interior, acting through the Director of Wildlife Service shall provide funds to carry (II) the development of geographical areas the United States Fish and Wildlife Service, out an interstate action plan through a coop- with increased chronic wasting disease prev- to carry out administrative activities under erative agreement under subparagraph (B) in alence; and subsection (b); the amount of funds provided by the applica- (III) the overall geographical patterns of (2) for fiscal year 2021, $1,200,000 to the Sec- ble States. chronic wasting disease distribution; retary of the Interior, acting through the Di- (ii) LIMITATION.—The amount provided by (iii) significant gaps in current scientific rector of the United States Geological Sur- the United State Fish and Wildlife Service knowledge regarding the transmission path- vey, to carry out activities to fund research under clause (i) for a fiscal year shall be not ways and mechanisms identified under under subsection (c); and greater than $5,000,000. clause (i)(I) and potential prevention, detec- (3) for fiscal year 2021, $1,200,000 to the Sec- (9) REPORTS.—Not later than September 30 tion, and control methods identified under retary of Agriculture, acting through the of the first full fiscal year after the date on clause (v); Administrator of the Animal and Plant which the first members of the Task Force (iv) for prioritization the scientific re- Health Inspection Service, to carry out ac- are appointed, and each September 30 there- search projects that will address the knowl- tivities to fund research under subsection after, the Task Force shall submit to the edge gaps identified under clause (iii), based (c). Secretary, and the heads of the State agen- on the likelihood that a project will con- SEC. 105. INVASIVE SPECIES. cies with jurisdiction over wildlife disease tribute significantly to the prevention or Section 10 of the Fish and Wildlife Coordi- control of chronic wasting disease; and and farmed cervid regulation of each State nation Act (16 U.S.C. 666c–1) is amended— (v) potential prevention, detection, or con- with a representatives on the Task Force, a (1) in subsection (c)(2)— trol measures, practices, or technologies to report describing— (A) in subparagraph (A)— be used to mitigate the transmission and (A) progress on the implementation of ac- (i) by redesignating clauses (i) and (ii) as spread of chronic wasting disease in wild, tions identified in the interstate action plan clauses (ii) and (iii), respectively; and captive, and farmed populations of cervids in submitted under paragraph (8)(A), including (ii) by inserting before clause (ii) (as so re- the United States; the efficacy of funding under the cooperative designated) the following: (B) assess the effectiveness of the potential agreement entered into under paragraph ‘‘(i) relevant Federal agencies;’’; prevention, detection, or control measures, (8)(B); (B) by redesignating subparagraphs (B) and (B) updated resource requirements that are practices, or technologies identified under subparagraph (A)(v); and (C) as subparagraphs (C) and (D), respec- needed to reduce and eliminate chronic wast- tively; and ing disease in the United States; (C) review and compare science-based best practices, standards, and guidance regarding (C) by inserting after subparagraph (A) the (C) any relevant updates to the rec- following: ommended best management practices in- the prevention, detection, and management of chronic wasting disease in wild, captive, ‘‘(B) in consultation with stakeholders, in- cluded in the interstate action plan sub- and farmed populations of cervids in the cluding nongovernmental organizations and mitted under paragraph (8)(B) to reduce or United States that have been developed by— industry;’’; and eliminate chronic wasting disease; (i) the National Chronic Wasting Disease (2) by adding at the end the following: (D) new research findings and emerging re- Herd Certification Program of the Animal ‘‘(p) AUTHORIZATION OF APPROPRIATIONS.— search needs relating to chronic wasting dis- and Plant Health Inspection Service; There are authorized to be appropriated to ease; and (ii) the United States Geological Survey; carry out this section for each of fiscal years (E) any other relevant information. (iii) State wildlife and agricultural agen- 2021 through 2025— (c) CHRONIC WASTING DISEASE TRANS- cies, in the case of practices, standards, and ‘‘(1) $2,500,000 to the Secretary of the MISSION IN CERVIDAE RESOURCE STUDY.— guidance that provide practical, science- Army, acting through the Chief of Engineers; (1) DEFINITIONS.—In this subsection: based recommendations to State and Federal and (A) ACADEMY.—The term ‘‘Academy’’ agencies for minimizing or eliminating the ‘‘(2) $2,500,000 to the Secretary of the Inte- means the National Academy of Sciences. risk of transmission of chronic wasting dis- rior.’’. (B) CERVID.—The term ‘‘cervid’’ means any ease in the United States; and SEC. 106. NORTH AMERICAN WETLANDS CON- species within the family Cervidae. (iv) industry or academia, in the case of SERVATION ACT. (C) SECRETARIES.—The term ‘‘Secretaries’’ any published guidance on practices that Section 7(c) of the North American Wet- means the Secretary of Agriculture, acting provide practical, science-based rec- lands Conservation Act (16 U.S.C. 4406(c)) is through the Administrator of the Animal ommendations to cervid producers for mini- amended by striking ‘‘not to exceed—’’ in and Plant Health Inspection Service, and the mizing or eliminating the risk of trans- the matter preceding paragraph (1) and all Secretary of the Interior, acting through the mission of chronic wasting disease within or that follows through paragraph (5) and in- Director of the United States Geological between herds. serting ‘‘not to exceed $60,000,000 for each of Survey, acting jointly. (4) DEADLINE.—The study under paragraph fiscal years 2021 through 2025.’’. (2) STUDY.— (2) shall be completed not later than 180 days SEC. 107. NATIONAL FISH AND WILDLIFE FOUN- (A) IN GENERAL.—The Secretaries shall after the date on which funds are first made DATION ESTABLISHMENT ACT. enter into an arrangement with the Acad- available for the study. (a) BOARD OF DIRECTORS OF FOUNDATION.— emy under which the Academy shall con- (5) DATA SHARING.—The Secretaries shall (1) IN GENERAL.—Section 3 of the National duct, and submit to the Secretaries a report share with the Academy, as necessary to Fish and Wildlife Foundation Establishment describing the findings of, a special resource conduct the study under paragraph (2), sub- Act (16 U.S.C. 3702) is amended— study to identify the predominant pathways ject to the avoidance of a violation of a pri- (A) in subsection (b)— and mechanisms of the transmission of vacy or confidentiality requirement and the (i) by striking paragraph (2) and inserting chronic wasting disease in wild, captive, and protection of confidential or privileged com- the following: farmed populations of cervids in the United mercial, financial, or proprietary informa- ‘‘(2) APPOINTMENT OF DIRECTORS.—After States. tion, data and access to databases on chronic consulting with the Secretary of Commerce (B) REQUIREMENTS.—The arrangement wasting disease under the jurisdiction of— and considering the recommendations sub- under subparagraph (A) shall provide that (A) the Veterinary Services Program of the mitted by the Board, the Secretary of the In- the actual expenses incurred by the Academy Animal and Plant Health Inspection Service; terior shall appoint 28 Directors who, to the in conducting the study under subparagraph and maximum extent practicable, shall— (A) shall be paid by the Secretaries, subject (B) the United States Geological Survey. ‘‘(A) be knowledgeable and experienced in to the availability of appropriations. (6) REPORT.—Not later than 60 days after matters relating to the conservation of fish, (3) CONTENTS OF THE STUDY.—The study the date of completion of the study, the Sec- wildlife, or other natural resources; and under paragraph (2) shall— retaries shall submit to the Committee on ‘‘(B) represent a balance of expertise in (A) with respect to wild, captive, and Agriculture, Nutrition, and Forestry, the ocean, coastal, freshwater, and terrestrial re- farmed populations of cervids in the United Committee on Energy and Natural Re- source conservation.’’; and States, identify— sources, and the Committee on Environment (ii) by striking paragraph (3) and inserting (i)(I) the pathways and mechanisms for the and Public Works of the Senate and the the following: transmission of chronic wasting disease Committee on Agriculture and the Com- ‘‘(3) TERMS.—Each Director (other than a within live cervid populations and cervid mittee on Natural Resources of the House of Director described in paragraph (1)) shall be products, which may include pathways and Representatives a report that describes— appointed for a term of 6 years.’’; and mechanisms for transmission from Canada; (A) the findings of the study; and (B) in subsection (g)(2)— (II) the infection rates for each pathway (B) any conclusions and recommendations (i) in subparagraph (A), by striking ‘‘(A) and mechanism identified under subclause that the Secretaries determine to be appro- Officers and employees may not be appointed (I); and priate. until the Foundation has sufficient funds to

VerDate Sep 11 2014 01:46 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\A09JA6.035 S09JAPT1 SSpencer on DSKBBXCHB2PROD with SENATE January 9, 2020 CONGRESSIONAL RECORD — SENATE S133 pay them for their service. Officers’’ and in- tory requirement associated with those available by the Foundation to Federal de- serting the following: amounts.’’; partments, agencies, or instrumentalities ‘‘(A) IN GENERAL.—Officers’’; and (2) by striking subsections (f) and (g); and and may be accepted and expended (or the (ii) by striking subparagraph (B) and in- (3) by redesignating subsections (h) and (i) disposition of the amounts or property di- serting the following: as subsections (f) and (g), respectively. rected), without further appropriation, by ‘‘(B) EXECUTIVE DIRECTOR.—The Founda- (c) AUTHORIZATION OF APPROPRIATIONS.— those Federal departments, agencies, or in- tion shall have an Executive Director who Section 10 of the National Fish and Wildlife strumentalities, subject to the condition shall be— Foundation Establishment Act (16 U.S.C. that the amounts or property be used for ‘‘(i) appointed by, and serve at the direc- 3709) is amended— purposes that further the conservation and tion of, the Board as the chief executive offi- (1) in subsection (a), by striking paragraph management of fish, wildlife, plants, and cer of the Foundation; and (1) and inserting the following: other natural resources.’’. ‘‘(ii) knowledgeable and experienced in ‘‘(1) IN GENERAL.—There are authorized to (d) LIMITATION ON AUTHORITY.—Section 11 matters relating to fish and wildlife con- be appropriated to carry out this Act for of the National Fish and Wildlife Foundation servation.’’. each of fiscal years 2021 through 2025— Establishment Act (16 U.S.C. 3710) is amend- (2) CONFORMING AMENDMENT.—Section ‘‘(A) $15,000,000 to the Secretary of the In- ed by inserting ‘‘exclusive’’ before ‘‘author- 4(a)(1)(B) of the North American Wetlands terior; ity’’. Conservation Act (16 U.S.C. 4403(a)(1)(B)) is ‘‘(B) $5,000,000 to the Secretary of Agri- SEC. 108. MODIFICATION OF DEFINITION OF amended by striking ‘‘Secretary of the culture; and SPORT FISHING EQUIPMENT UNDER Board’’ and inserting ‘‘Executive Director of ‘‘(C) $5,000,000 to the Secretary of Com- TOXIC SUBSTANCES CONTROL ACT. the Board’’. merce.’’; Section 3(2)(B) of the Toxic Substances (b) RIGHTS AND OBLIGATIONS OF FOUNDA- (2) in subsection (b)— Control Act (15 U.S.C. 2602(2)(B)) is amend- TION.—Section 4 of the National Fish and (A) by striking paragraph (1) and inserting ed— Wildlife Foundation Establishment Act (16 the following: (1) in clause (v), by striking ‘‘and’’ at the U.S.C. 3703) is amended— ‘‘(1) AMOUNTS FROM FEDERAL AGENCIES.— end; (1) in subsection (c)— ‘‘(A) IN GENERAL.—In addition to the (2) in clause (vi) by striking the period at (A) by striking ‘‘(c) POWERS.—To carry out amounts authorized to be appropriated under the end and inserting ‘‘, and’’; and its purposes under’’ and inserting the fol- subsection (a), Federal departments, agen- (3) by inserting after clause (vi) the fol- lowing: cies, or instrumentalities are authorized to lowing: ‘‘(c) POWERS.— provide funds to the Foundation through ‘‘(vii) any sport fishing equipment (as such ‘‘(1) IN GENERAL.—To carry out the pur- Federal financial assistance grants and coop- term is defined in section 4162(a) of the Inter- poses described in’’; erative agreements, subject to the condition nal Revenue Code of 1986) the sale of which is (B) by redesignating paragraphs (1) that the amounts are used for purposes that subject to the tax imposed by section 4161(a) through (11) as subparagraphs (A) through further the conservation and management of of such Code (determined without regard to (K), respectively, and indenting appro- fish, wildlife, plants, and other natural re- any exemptions from such tax provided by priately; sources in accordance with this Act. section 4162 or 4221 or any other provision of (C) in subparagraph (D) (as redesignated by ‘‘(B) ADVANCES.—Federal departments, such Code), and sport fishing equipment subparagraph (B)), by striking ‘‘that are in- agencies, or instrumentalities may advance components.’’. sured by an agency or instrumentality of the amounts described in subparagraph (A) to SEC. 109. REAUTHORIZATION OF CHESAPEAKE United States’’ and inserting ‘‘at 1 or more the Foundation in a lump sum without re- BAY PROGRAM. financial institutions that are members of gard to when the expenses for which the Section 117 of the Federal Water Pollution the Federal Deposit Insurance Corporation amounts are used are incurred. Control Act (33 U.S.C. 1267) is amended by or the Securities Investment Protection Cor- ‘‘(C) MANAGEMENT FEES.—The Foundation striking subsection (j) and inserting the fol- poration’’; may assess and collect fees for the manage- lowing: (D) in subparagraph (E) (as redesignated by ment of amounts received under this para- ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— subparagraph (B)), by striking ‘‘paragraph (3) graph.’’; There are authorized to be appropriated to or (4)’’ and inserting ‘‘subparagraph (C) or (B) in paragraph (2)— carry out this section— (D)’’; (i) in the paragraph heading, by striking ‘‘(1) for fiscal year 2020, $90,000,000; (E) in subparagraph (J) (as redesignated by ‘‘FUNDS’’ and inserting ‘‘AMOUNTS’’; ‘‘(2) for fiscal year 2021, $90,500,000; subparagraph (B)), by striking ‘‘and’’ at the (ii) by striking ‘‘shall be used’’ and insert- ‘‘(3) for fiscal year 2022, $91,000,000; end; ing ‘‘may be used’’; and ‘‘(4) for fiscal year 2023, $91,500,000; and (F) by striking subparagraph (K) (as redes- (iii) by striking ‘‘and State and local gov- ‘‘(5) for fiscal year 2024, $92,000,000.’’. ignated by subparagraph (B)) and inserting ernment agencies’’ and inserting ‘‘, State SEC. 110. REAUTHORIZATION OF CHESAPEAKE the following: and local government agencies, and other en- BAY INITIATIVE ACT OF 1998. ‘‘(K) to receive and administer restitution tities’’; and Section 502(c) of the Chesapeake Bay Ini- and community service payments, amounts (C) by adding at the end the following: tiative Act of 1998 (Public Law 105–312; 112 for mitigation of impacts to natural re- ‘‘(3) ADMINISTRATION OF AMOUNTS.— Stat. 2963; 129 Stat. 2579; 132 Stat. 691) is sources, and other amounts arising from ‘‘(A) IN GENERAL.—In entering into con- amended by striking ‘‘2019’’ and inserting legal, regulatory, or administrative pro- tracts, agreements, or other partnerships ‘‘2025’’. ceedings, subject to the condition that the pursuant to this Act, a Federal department, SEC. 111. CHESAPEAKE WATERSHED INVEST- amounts are received or administered for agency, or instrumentality shall have discre- MENTS FOR LANDSCAPE DEFENSE. purposes that further the conservation and tion to waive any competitive process appli- (a) DEFINITIONS.—In this section: management of fish, wildlife, plants, and cable to the department, agency, or instru- (1) CHESAPEAKE BAY AGREEMENTS.—The other natural resources; and mentality for entering into contracts, agree- term ‘‘Chesapeake Bay agreements’’ means ‘‘(L) to do acts necessary to carry out the ments, or partnerships with the Foundation the formal, voluntary agreements— purposes of the Foundation.’’; and if the purpose of the waiver is— (A) executed to achieve the goal of restor- (G) by striking the undesignated matter at ‘‘(i) to address an environmental emer- ing and protecting the Chesapeake Bay wa- the end and inserting the following: gency resulting from a natural or other dis- tershed ecosystem and the living resources ‘‘(2) TREATMENT OF REAL PROPERTY.— aster; or of the Chesapeake Bay watershed ecosystem; ‘‘(A) IN GENERAL.—For purposes of this ‘‘(ii) as determined by the head of the ap- and Act, an interest in real property shall be plicable Federal department, agency, or in- (B) signed by the Chesapeake Executive treated as including easements or other strumentality, to reduce administrative ex- Council. rights for preservation, conservation, protec- penses and expedite the conservation and (2) CHESAPEAKE BAY PROGRAM.—The term tion, or enhancement by and for the public of management of fish, wildlife, plants, and ‘‘Chesapeake Bay program’’ means the pro- natural, scenic, historic, scientific, edu- other natural resources. gram directed by the Chesapeake Executive cational, inspirational, or recreational re- ‘‘(B) REPORTS.—The Foundation shall in- Council in accordance with the Chesapeake sources. clude in the annual report submitted under Bay agreements. ‘‘(B) ENCUMBERED REAL PROPERTY.—A gift, section 7(b) a description of any use of the (3) CHESAPEAKE BAY WATERSHED.—The term devise, or bequest may be accepted by the authority under subparagraph (A) by a Fed- ‘‘Chesapeake Bay watershed’’ means the re- Foundation even though the gift, devise, or eral department, agency, or instrumentality gion that covers— bequest is encumbered, restricted, or subject in that fiscal year.’’; and (A) the Chesapeake Bay; to beneficial interests of private persons if (3) by adding at the end the following: (B) the portions of the States of Delaware, any current or future interest in the gift, de- ‘‘(d) USE OF GIFTS, DEVISES, OR BEQUESTS Maryland, New York, Pennsylvania, Vir- vise, or bequest is for the benefit of the OF MONEY OR OTHER PROPERTY.—Any gifts, ginia, and West Virginia that drain into the Foundation. devises, or bequests of amounts or other Chesapeake Bay; and ‘‘(3) SAVINGS CLAUSE.—The acceptance and property, or any other amounts or other (C) the District of Columbia. administration of amounts by the Founda- property, transferred to, deposited with, or (4) CHESAPEAKE EXECUTIVE COUNCIL.—The tion under paragraph (1)(K) does not alter, otherwise in the possession of the Founda- term ‘‘Chesapeake Executive Council’’ supersede, or limit any regulatory or statu- tion pursuant to this Act, may be made means the council comprised of—

VerDate Sep 11 2014 01:46 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\A09JA6.035 S09JAPT1 SSpencer on DSKBBXCHB2PROD with SENATE S134 CONGRESSIONAL RECORD — SENATE January 9, 2020 (A) the Governors of each of the States of consultation with applicable management gram shall not exceed 50 percent of the total Delaware, Maryland, New York, Pennsyl- entities, including Chesapeake Bay program cost of the project, as determined by the Sec- vania, Virginia, and West Virginia; partners, such as the Federal Government, retary. (B) the Mayor of the District of Columbia; State and local governments, the Chesa- (B) NON-DEPARTMENT OF THE INTERIOR (C) the Chair of the Chesapeake Bay Com- peake Bay Commission, and other regional SHARE.— mission; and organizations, as appropriate, to identify, (i) IN GENERAL.—The non-Department of (D) the Administrator of the Environ- prioritize, and implement restoration and the Interior share of the cost of a project mental Protection Agency. protection activities within the Chesapeake funded under the grant program may be pro- (5) CHESAPEAKE WILD PROGRAM.—The term Bay watershed; vided in cash or in the form of an in-kind ‘‘Chesapeake WILD program’’ means the (B) adopt a Chesapeake Bay watershed- contribution of services or materials. nonregulatory program established by the wide strategy that— (ii) OTHER FEDERAL FUNDING.—Non-Depart- Secretary under subsection (b)(1). (i) supports the implementation of a shared ment of the Interior Federal funds may be (6) GRANT PROGRAM.—The term ‘‘grant pro- set of science-based restoration and protec- used for not more than 25 percent of the gram’’ means the Chesapeake Watershed In- tion activities developed in accordance with total cost of a project funded under the grant vestments for Landscape Defense grant pro- subparagraph (A); and program. gram established by the Secretary under (ii) targets cost-effective projects with (5) ADMINISTRATION.—The Secretary may subsection (c)(1). measurable results; and enter into an agreement to manage the grant (7) RESTORATION AND PROTECTION ACTIV- (C) establish the grant program in accord- program with an organization that offers ITY.—The term ‘‘restoration and protection ance with subsection (c). grant management services. activity’’ means an activity carried out for (4) COORDINATION.—In establishing the (d) REPORTING.—Not later than 180 days the conservation, stewardship, and enhance- Chesapeake WILD program, the Secretary after the date of enactment of this Act, and ment of habitat for fish and wildlife— shall consult, as appropriate, with— annually thereafter, the Secretary shall sub- (A) to preserve and improve ecosystems (A) the heads of Federal agencies, includ- mit to Congress a report describing the im- and ecological processes on which the fish ing— plementation of this section, including a de- and wildlife depend; and (i) the Administrator of the Environmental scription of each project that has received (B) for use and enjoyment by the public. Protection Agency; funding under this section. (8) SECRETARY.—The term ‘‘Secretary’’ (ii) the Administrator of the National Oce- (e) AUTHORIZATION OF APPROPRIATIONS.— means the Secretary of the Interior, acting anic and Atmospheric Administration; (1) IN GENERAL.—There is authorized to be through the Director of the United States (iii) the Chief of the Natural Resources appropriated to carry out this section Fish and Wildlife Service. Conservation Service; $15,000,000 for each of fiscal years 2021 (b) PROGRAM ESTABLISHMENT.— (iv) the Chief of Engineers; through 2025. (1) ESTABLISHMENT.—Not later than 180 (v) the Director of the United States Geo- (2) SUPPLEMENT, NOT SUPPLANT.—Funds days after the date of enactment of this Act, logical Survey; made available under paragraph (1) shall the Secretary shall establish a nonregula- (vi) the Secretary of Transportation; supplement, and not supplant, funding for tory program, to be known as the ‘‘Chesa- (vii) the Chief of the Forest Service; and other activities conducted by the Secretary peake Watershed Investments for Landscape (viii) the head of any other applicable Defense program’’. agency; in the Chesapeake Bay watershed. (2) PURPOSES.—The purposes of the Chesa- (B) the Governors of each of the States of TITLE II—NATIONAL FISH HABITAT CON- peake WILD program include— Delaware, Maryland, New York, Pennsyl- SERVATION THROUGH PARTNERSHIPS (A) coordinating restoration and protec- vania, Virginia, and West Virginia and the SEC. 201. PURPOSE. tion activities among Federal, State, local, Mayor of the District of Columbia; The purpose of this title is to encourage and regional entities and conservation part- (C) fish and wildlife joint venture partner- partnerships among public agencies and ners throughout the Chesapeake Bay water- ships; and other interested persons to promote fish con- shed; (D) other public agencies and organizations servation— (B) engaging other agencies and organiza- with authority for the planning and imple- (1) to achieve measurable habitat con- tions to build a broader range of partner sup- mentation of conservation strategies in the servation results through strategic actions port, capacity, and potential funding for Chesapeake Bay watershed. of Fish Habitat Partnerships that lead to projects in the Chesapeake Bay watershed; (c) GRANTS AND TECHNICAL ASSISTANCE.— better fish habitat conditions and increased (C) carrying out coordinated restoration (1) CHESAPEAKE WILD GRANT PROGRAM.—To and protection activities, and providing for the extent that funds are made available to fishing opportunities by— technical assistance, throughout the Chesa- carry out this subsection, the Secretary (A) improving ecological conditions; peake Bay watershed— shall establish and carry out, as part of the (B) restoring natural processes; or (i) to sustain and enhance restoration and Chesapeake WILD program, a voluntary (C) preventing the decline of intact and protection activities; grant and technical assistance program, to healthy systems; (ii) to improve and maintain water quality be known as the ‘‘Chesapeake Watershed In- (2) to establish a consensus set of national to support fish and wildlife, habitats of fish vestments for Landscape Defense grant pro- conservation strategies as a framework to and wildlife, and drinking water for people; gram’’, to provide competitive matching guide future actions and investment by Fish (iii) to sustain and enhance water manage- grants of varying amounts and technical as- Habitat Partnerships; ment for volume and flood damage mitiga- sistance to eligible entities described in (3) to broaden the community of support tion improvements to benefit fish and wild- paragraph (2) to carry out activities de- for fish habitat conservation by— life habitat; scribed in subsection (b)(2). (A) increasing fishing opportunities; (iv) to improve opportunities for public ac- (2) ELIGIBLE ENTITIES.—The following enti- (B) fostering the participation of local cess and recreation in the Chesapeake Bay ties are eligible to receive a grant and tech- communities, especially young people in watershed consistent with the ecological nical assistance under the grant program: local communities, in conservation activi- needs of fish and wildlife habitat; (A) A State. ties; and (v) to facilitate strategic planning to maxi- (B) The District of Columbia. (C) raising public awareness of the role mize the resilience of natural ecosystems (C) A unit of local government. healthy fish habitat play in the quality of and habitats under changing watershed con- (D) A nonprofit organization. life and economic well-being of local commu- ditions; (E) An institution of higher education. nities; (vi) to engage the public through outreach, (F) Any other entity that the Secretary de- (4) to fill gaps in the National Fish Habitat education, and citizen involvement to in- termines to be appropriate in accordance Assessment and the associated database of crease capacity and support for coordinated with the criteria established under para- the National Fish Habitat Assessment— restoration and protection activities in the graph (3). (A) to empower strategic conservation ac- Chesapeake Bay watershed; (3) CRITERIA.—The Secretary, in consulta- tions supported by broadly available sci- (vii) to sustain and enhance vulnerable tion with officials and entities described in entific information; and communities and fish and wildlife habitat; subsection (b)(4), shall establish criteria for (B) to integrate socioeconomic data in the (viii) to conserve and restore fish, wildlife, the grant program to help ensure that activi- analysis to improve the lives of humans in a and plant corridors; and ties funded under this subsection— manner consistent with fish habitat con- (ix) to increase scientific capacity to sup- (A) accomplish 1 or more of the purposes servation goals; and port the planning, monitoring, and research described in subsection (b)(2); and (5) to communicate to the public and con- activities necessary to carry out coordinated (B) advance the implementation of priority servation partners— restoration and protection activities. actions or needs identified in the Chesapeake (A) the conservation outcomes produced (3) DUTIES.—In carrying out the Chesa- Bay watershed-wide strategy adopted under collectively by Fish Habitat Partnerships; peake WILD program, the Secretary shall— subsection (b)(3)(B). and (A) draw on existing plans for the Chesa- (4) COST SHARING.— (B) new opportunities and voluntary ap- peake Bay watershed, or portions of the (A) DEPARTMENT OF THE INTERIOR SHARE.— proaches for conserving fish habitat. Chesapeake Bay watershed, including the The Department of the Interior share of the SEC. 202. DEFINITIONS. Chesapeake Bay agreements, and work in cost of a project funded under the grant pro- In this title:

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(1) APPROPRIATE CONGRESSIONAL COMMIT- (D) one shall be a representative of the De- (3) STAGGERED TERMS.—Of the members de- TEES.—The term ‘‘appropriate congressional partment of Agriculture; scribed in subsection (a)(2)(J) initially ap- committees’’ means— (E) one shall be a representative of the As- pointed to the Board— (A) the Committee on Commerce, Science, sociation of Fish and Wildlife Agencies; (A) two shall be appointed for a term of 1 and Transportation and the Committee on (F) four shall be representatives of State year; Environment and Public Works of the Sen- agencies, one of whom shall be nominated by (B) two shall be appointed for a term of 2 ate; and a regional association of fish and wildlife years; and (B) the Committee on Natural Resources of agencies from each of the Northeast, South- (C) three shall be appointed for a term of 3 the House of Representatives. east, Midwest, and Western regions of the years. (2) BOARD.—The term ‘‘Board’’ means the United States; (4) VACANCIES.— National Fish Habitat Board established by (G) two shall be representatives of either— (A) IN GENERAL.—A vacancy of a member of section 203. (i) Indian Tribes in the State of Alaska; or the Board described in subparagraph (H), (I), (3) DIRECTOR.—The term ‘‘Director’’ means (ii) Indian Tribes in States other than the (J), (K), (L), (M), (N), or (O) of subsection the Director of the United States Fish and State of Alaska; (a)(2) shall be filled by an appointment made Wildlife Service. (H) one shall be a representative of either— by the remaining members of the Board. (4) ENVIRONMENTAL PROTECTION AGENCY AS- (i) the Regional Fishery Management (B) TRIBAL REPRESENTATIVES.—Following a SISTANT ADMINISTRATOR.—The term ‘‘Envi- Councils established under section 302 of the vacancy of a member of the Board described ronmental Protection Agency Assistant Ad- Magnuson-Stevens Fishery Conservation and in subparagraph (G) of subsection (a)(2), the Secretary shall recommend to the Board a ministrator’’ means the Assistant Adminis- Management Act (16 U.S.C. 1852); or list of not fewer than three Tribal represent- trator for Water of the Environmental Pro- (ii) a representative of the Marine Fish- atives, from which the remaining members tection Agency. eries Commissions; of the Board shall appoint a representative (5) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ (I) one shall be a representative of the to fill the vacancy. has the meaning given to the term ‘‘Indian Sportfishing and Boating Partnership Coun- tribe’’ in section 4 of the Indian Self-Deter- (5) CONTINUATION OF SERVICE.—An indi- cil; vidual whose term of service as a member of mination and Education Assistance Act (25 (J) seven shall be representatives selected U.S.C. 5304). the Board expires may continue to serve on from at least one from each of the following: the Board until a successor is appointed. (6) NATIONAL OCEANIC AND ATMOSPHERIC AD- (i) the recreational sportfishing industry; MINISTRATION ASSISTANT ADMINISTRATOR.— (6) REMOVAL.—If a member of the Board de- (ii) the commercial fishing industry; scribed in any of subparagraphs (H) through The term ‘‘National Oceanic and Atmos- (iii) marine recreational anglers; pheric Administration Assistant Adminis- (O) of subparagraph (a)(2) misses three con- (iv) freshwater recreational anglers; secutive regularly scheduled Board meet- trator’’ means the Assistant Administrator (v) habitat conservation organizations; and for Fisheries of the National Oceanic and At- ings, the members of the Board may— (vi) science-based fishery organizations; (A) vote to remove that member; and mospheric Administration. (K) one shall be a representative of a na- (7) PARTNERSHIP.—The term ‘‘Partnership’’ (B) appoint another individual in accord- tional private landowner organization; ance with paragraph (4). means an entity designated by Congress as a (L) one shall be a representative of an agri- Fish Habitat Partnership under section 204. (c) CHAIRPERSON.— cultural production organization; (1) IN GENERAL.—The representative of the (8) REAL PROPERTY INTEREST.—The term (M) one shall be a representative of local ‘‘real property interest’’ means an ownership Association of Fish and Wildlife Agencies ap- government interests involved in fish habi- interest in— pointed under subsection (a)(2)(E) shall serve tat restoration; (A) land; or as Chairperson of the Board. (N) two shall be representatives from dif- (B) water (including water rights). (2) TERM.—The Chairperson of the Board ferent sectors of corporate industries, which shall serve for a term of 3 years. (9) MARINE FISHERIES COMMISSIONS.—The may include— (d) MEETINGS.— term ‘‘Marine Fisheries Commissions’’ (i) natural resource commodity interests, (1) IN GENERAL.—The Board shall meet— means— such as petroleum or mineral extraction; (A) at the call of the Chairperson; but (A) the Atlantic States Marine Fisheries (ii) natural resource user industries; and (B) not less frequently than twice each cal- Commission; (iii) industries with an interest in fish and endar year. (B) the Gulf States Marine Fisheries Com- (2) PUBLIC ACCESS.—All meetings of the mission; and fish habitat conservation; and Board shall be open to the public. (C) the Pacific States Marine Commission. (O) one shall be a leadership private sector or landowner representative of an active (e) PROCEDURES.— (10) SECRETARY.—The term ‘‘Secretary’’ (1) IN GENERAL.—The Board shall establish means the Secretary of the Interior. partnership. (3) COMPENSATION.—A member of the Board procedures to carry out the business of the (11) STATE.—The term ‘‘State’’ means each Board, including— of the several States, Puerto Rico, American shall serve without compensation. (4) TRAVEL EXPENSES.—A member of the (A) a requirement that a quorum of the Samoa, Guam, the Northern Mariana Is- members of the Board be present to transact lands, the United States Virgin Islands, and Board may be allowed travel expenses, in- cluding per diem in lieu of subsistence, at business; the District of Columbia. (B) a requirement that no recommenda- (12) STATE AGENCY.—The term ‘‘State agen- rates authorized for an employee of an agen- cy under subchapter I of chapter 57 of title 5, tions may be adopted by the Board, except cy’’ means— by the vote of two-thirds of all members; (A) the fish and wildlife agency of a State; United States Code, while away from the home or regular place of business of the (C) procedures for establishing national and goals and priorities for fish habitat conserva- (B) any department or division of a depart- member in the performance of the duties of the Board. tion for the purposes of this title; ment or agency of a State that manages in (D) procedures for designating Partner- the public trust the inland or marine fishery (b) APPOINTMENT AND TERMS.— ships under section 204; and resources of the State or sustains the habi- (1) IN GENERAL.—Except as otherwise pro- (E) procedures for reviewing, evaluating, tat for those fishery resources pursuant to vided in this section, a member of the Board and making recommendations regarding fish State law or the constitution of the State. described in any of subparagraphs (F) habitat conservation projects. SEC. 203. NATIONAL FISH HABITAT BOARD. through (O) of subsection (a)(2) shall serve (2) QUORUM.—A majority of the members of (a) ESTABLISHMENT.— for a term of 3 years. the Board shall constitute a quorum. (1) FISH HABITAT BOARD.—There is estab- (2) INITIAL BOARD MEMBERSHIP.— SEC. 204. FISH HABITAT PARTNERSHIPS. lished a board, to be known as the ‘‘National (A) IN GENERAL.—The initial Board shall (a) AUTHORITY TO RECOMMEND.—The Board Fish Habitat Board’’, whose duties are— consist of representatives as described in may recommend to Congress the designation (A) to promote, oversee, and coordinate the subparagraphs (A) through (F) of subsection of Fish Habitat Partnerships in accordance implementation of this title; (a)(2). with this section. (B) to establish national goals and prior- (B) REMAINING MEMBERS.—Not later than 60 (b) PURPOSES.—The purposes of a Partner- ities for fish habitat conservation; days after the date of enactment of this Act, ship shall be— (C) to recommend to Congress entities for the representatives of the initial Board (1) to work with other regional habitat designation as Partnerships; and under subparagraph (A) shall appoint the re- conservation programs to promote coopera- (D) to review and make recommendations maining members of the Board described in tion and coordination to enhance fish popu- regarding fish habitat conservation projects. subparagraphs (H) through (O) of subsection lations and fish habitats; (2) MEMBERSHIP.—The Board shall be com- (a)(2). (2) to engage local and regional commu- posed of 26 members, of whom— (C) TRIBAL REPRESENTATIVES.—Not later nities to build support for fish habitat con- (A) one shall be a representative of the De- than 60 days after the enactment of this Act, servation; partment of the Interior; the Secretary shall provide to the Board a (3) to involve diverse groups of public and (B) one shall be a representative of the recommendation of not fewer than three private partners; United States Geological Survey; Tribal representatives, from which the Board (4) to develop collaboratively a strategic (C) one shall be a representative of the De- shall appoint one representative pursuant to vision and achievable implementation plan partment of Commerce; subparagraph (G) of subsection (a)(2). that is scientifically sound;

VerDate Sep 11 2014 01:46 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\A09JA6.035 S09JAPT1 SSpencer on DSKBBXCHB2PROD with SENATE S136 CONGRESSIONAL RECORD — SENATE January 9, 2020 (5) to leverage funding from sources that toms, in accordance with the goals and na- (2) The capabilities and experience of support local and regional partnerships; tional priorities established by the Board; project proponents to implement success- (6) to use adaptive management principles, and fully the proposed project. including evaluation of project success and (8) promotes collaboration in developing a (3) The extent to which the fish habitat functionality; strategic vision and implementation pro- conservation project— (7) to develop appropriate local or regional gram that is scientifically sound and achiev- (A) fulfills a local or regional priority that habitat evaluation and assessment measures able. is directly linked to the strategic plan of the and criteria that are compatible with na- (e) REPORT TO CONGRESS.— Partnership and is consistent with the pur- tional habitat condition measures; and (1) IN GENERAL.—Not later than February 1 pose of this title; (8) to implement local and regional pri- of the first fiscal year beginning after the (B) addresses the national priorities estab- ority projects that improve conditions for date of enactment of this Act and each Feb- lished by the Board; fish and fish habitat. ruary 1 thereafter, the Board shall develop (C) is supported by the findings of the habi- (c) CRITERIA FOR DESIGNATION.—An entity and submit to the appropriate congressional tat assessment of the Partnership or the seeking to be designated by Congress as a committees an annual report, to be entitled Board, and aligns or is compatible with other Partnership shall— ‘‘Report to Congress on Future Fish Habitat conservation plans; (1) submit to the Board an application at Partnerships and Modifications’’, that— (D) identifies appropriate monitoring and such time, in such manner, and containing (A) identifies each entity that— evaluation measures and criteria that are such information as the Board may reason- (i) meets the requirements described in compatible with national measures; ably require; and subsection (d); and (E) provides a well-defined budget linked (2) demonstrate to the Board that the enti- (ii) the Board recommends to Congress for to deliverables and outcomes; ty has— designation as a Partnership; (F) leverages other funds to implement the (A) a focus on promoting the health of im- (B) describes any proposed modifications project; portant fish and fish habitats; to a Partnership previously designated by (G) addresses the causes and processes be- (B) an ability to coordinate the implemen- Congress under subsection (f); hind the decline of fish or fish habitats; and tation of priority projects that support the (C) with respect to each entity rec- (H) includes an outreach or education com- goals and national priorities set by the ommended for designation as a Partnership, ponent that includes the local or regional Board that are within the Partnership describes, to the maximum extent prac- community. boundary; ticable— (4) The availability of sufficient non-Fed- (C) a self-governance structure that sup- (i) the purpose of the recommended Part- eral funds to match Federal contributions ports the implementation of strategic prior- nership; and for the fish habitat conservation project, as ities for fish habitat; (ii) how the recommended Partnership ful- required by subsection (e). (D) the ability to develop local and re- fills the requirements described in sub- (5) The extent to which the fish habitat gional relationships with a broad range of section (d). conservation project— entities to further strategic priorities for (A) will increase fish populations in a man- (2) PUBLIC AVAILABILITY; NOTIFICATION.— fish and fish habitat; ner that leads to recreational fishing oppor- The Board shall— (E) a strategic plan that details required tunities for the public; (A) make the report publicly available, in- investments for fish habitat conservation (B) will be carried out through a coopera- cluding on the internet; and that addresses the strategic fish habitat pri- tive agreement among Federal, State, and (B) provide to the appropriate congres- orities of the Partnership and supports and local governments, Indian Tribes, and pri- sional committees and the State agency of meets the strategic priorities of the Board; vate entities; any State included in a recommended Part- (F) the ability to develop and implement (C) increases public access to land or water nership area written notification of the pub- fish habitat conservation projects that ad- for fish and wildlife-dependent recreational lic availability of the report. dress strategic priorities of the Partnership opportunities; and the Board; and (f) DESIGNATION OR MODIFICATION OF PART- (D) advances the conservation of fish and (G) the ability to develop fish habitat con- NERSHIP.—Congress shall have the exclusive wildlife species that have been identified by servation priorities based on sound science authority to designate or modify a Partner- a State agency as species of greatest con- and data, the ability to measure the effec- ship. servation need; tiveness of fish habitat projects of the Part- (g) EXISTING PARTNERSHIPS.— (E) where appropriate, advances the con- nership, and a clear plan as to how Partner- (1) DESIGNATION REVIEW.—Not later than 5 servation of fish and fish habitats under the ship science and data components will be in- years after the date of enactment of this Magnuson-Stevens Fishery Conservation and tegrated with the overall Board science and Act, any partnership receiving Federal funds Management Act (16 U.S.C. 1801 et seq.) and data effort. as of the date of enactment of this Act shall other relevant Federal law and State wildlife (d) REQUIREMENTS FOR RECOMMENDATION TO be subject to a designation review by Con- action plans; and CONGRESS.—The Board may recommend to gress in which Congress shall have the oppor- (F) promotes strong and healthy fish habi- Congress for designation an application for a tunity to designate the partnership under tats so that desired biological communities Partnership submitted under subsection (c) subsection (f). are able to persist and adapt. if the Board determines that the applicant— (2) INELIGIBILITY FOR FEDERAL FUNDS.—A (6) The substantiality of the character and (1) meets the criteria described in sub- partnership referred to in paragraph (1) that design of the fish habitat conservation section (c)(2); Congress does not designate as described in project. (2) identifies representatives to provide that paragraph shall be ineligible to receive (d) LIMITATIONS.— support and technical assistance to the Part- Federal funds under this title. (1) REQUIREMENTS FOR EVALUATION.—No nership from a diverse group of public and SEC. 205. FISH HABITAT CONSERVATION fish habitat conservation project may be rec- private partners, which may include State or PROJECTS. ommended by the Board under subsection (b) local governments, nonprofit entities, Indian (a) SUBMISSION TO BOARD.—Not later than or provided financial assistance under this Tribes, and private individuals, that are fo- March 31 of each year, each Partnership title unless the fish habitat conservation cused on conservation of fish habitats to shall submit to the Board a list of priority project includes an evaluation plan designed achieve results across jurisdictional bound- fish habitat conservation projects rec- using applicable Board guidance— aries on public and private land; ommended by the Partnership for annual (A) to appropriately assess the biological, (3) is organized to promote the health of funding under this title. ecological, or other results of the habitat important fish species and important fish (b) RECOMMENDATIONS BY BOARD.—Not protection, restoration, or enhancement ac- habitats, including reservoirs, natural lakes, later than July 1 of each year, the Board tivities carried out using the assistance; coastal and marine environments, coral shall submit to the Secretary a priority list (B) to reflect appropriate changes to the reefs, and estuaries; of fish habitat conservation projects that in- fish habitat conservation project if the as- (4) identifies strategic fish and fish habitat cludes a description, including estimated sessment substantiates that the fish habitat priorities for the Partnership area in the costs, of each project that the Board rec- conservation project objectives are not being form of geographical focus areas or key ommends that the Secretary approve and met; stressors or impairments to facilitate stra- fund under this title for the following fiscal (C) to identify improvements to existing tegic planning and decision making; year. fish populations, recreational fishing oppor- (5) is able to address issues and priorities (c) CRITERIA FOR PROJECT SELECTION.—The tunities, and the overall economic benefits on a nationally significant scale; Board shall select each fish habitat con- for the local community of the fish habitat (6) includes a governance structure that— servation project recommended to the Sec- conservation project; and (A) reflects the range of all partners; and retary under subsection (b) after taking into (D) to require the submission to the Board (B) promotes joint strategic planning and consideration, at a minimum, the following of a report describing the findings of the as- decision making by the applicant; information: sessment. (7) demonstrates completion of, or signifi- (1) A recommendation of the Partnership (2) ACQUISITION AUTHORITIES.— cant progress toward the development of, a that is, or will be, participating actively in (A) IN GENERAL.—A State, local govern- strategic plan to address declines in fish pop- implementing the fish habitat conservation ment, or other non-Federal entity is eligible ulations, rather than simply treating symp- project. to receive funds for the acquisition of real

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SEC. 209. ACCOUNTABILITY AND REPORTING. must be approved by the State agency in the (3) NOTIFICATION.—If the Secretary rejects (a) REPORTING.— State in which the project is occurring. under paragraph (1) any fish habitat con- (1) IN GENERAL.—Not later than 5 years (ii) PROHIBITION.—The Board may not rec- servation project recommended by the after the date of enactment of this Act, and ommend, and the Secretary may not provide Board, not later than 90 days after the date every 5 years thereafter, the Board shall sub- any funding for, any real property interest of receipt of the recommendation, the Sec- mit to the appropriate congressional com- acquisition that has not been approved by retary shall provide to the Board, the appro- mittees a report describing the progress of the State agency. priate Partnership, and the appropriate con- this title. SSESSMENT OF OTHER AUTHORITIES (C) A .— gressional committees a written statement (2) CONTENTS.—Each report submitted The Board may not recommend, and the Sec- of the reasons that the Secretary rejected under paragraph (1) shall include— retary may not provide any funding under the fish habitat conservation project. (A) an estimate of the number of acres, this title for, any real property interest ac- SEC. 206. TECHNICAL AND SCIENTIFIC ASSIST- stream miles, or acre-feet, or other suitable quisition unless the Partnership that rec- ANCE. measures of fish habitat, that was main- ommended the project has conducted a (a) IN GENERAL.—The Director, the Na- tained or improved by Partnerships under project assessment, submitted with the fund- tional Oceanic and Atmospheric Administra- this title during the 5-year period ending on ing request and approved by the Board, to tion Assistant Administrator, the Environ- the date of submission of the report; demonstrate all other Federal, State, and mental Protection Agency Assistant Admin- (B) a description of the public access to local authorities for the acquisition of real istrator, and the Director of the United fish habitats established or improved under property have been exhausted. States Geological Survey, in coordination this title during that 5-year period; (D) RESTRICTIONS.—A real property inter- with the Forest Service and other appro- (C) a description of the improved opportu- est may not be acquired pursuant to a fish priate Federal departments and agencies, nities for public recreational fishing habitat conservation project by a State, may provide scientific and technical assist- achieved under this title; and local government, or other non-Federal enti- ance to Partnerships, participants in fish (D) an assessment of the status of fish ty conducted with funds provided under this habitat conservation projects, and the title, unless— habitat conservation projects carried out Board. (i) the owner of the real property author- with funds provided under this title during (b) INCLUSIONS.—Scientific and technical izes the State, local government, or other that period, disaggregated by year, includ- assistance provided under subsection (a) may non-Federal entity to acquire the real prop- ing— include— erty; and (i) a description of the fish habitat con- (1) providing technical and scientific as- (ii) the Secretary and the Board determine servation projects recommended by the sistance to States, Indian Tribes, regions, that the State, local government, or other Board under section 205(b); local communities, and nongovernmental or- non-Federal entity would benefit from un- (ii) a description of each fish habitat con- ganizations in the development and imple- dertaking the management of the real prop- servation project approved by the Secretary mentation of Partnerships; erty being acquired because that is in ac- under section 205(f), in order of priority for (2) providing technical and scientific as- cordance with the goals of a Partnership. funding; (e) NON-FEDERAL CONTRIBUTIONS.— sistance to Partnerships for habitat assess- (iii) a justification for— (1) IN GENERAL.—Except as provided in ment, strategic planning, and prioritization; (I) the approval of each fish habitat con- paragraphs (2) and (4), no fish habitat con- (3) supporting the development and imple- servation project; and servation project may be recommended by mentation of fish habitat conservation (II) the order of priority for funding of each the Board under subsection (b) or provided fi- projects that are identified as high priorities fish habitat conservation project; nancial assistance under this title unless at by Partnerships and the Board; (iv) a justification for any rejection of a least 50 percent of the cost of the fish habi- (4) supporting and providing recommenda- fish habitat conservation project rec- tat conservation project will be funded with tions regarding the development of science- ommended by the Board under section 205(b) non-Federal funds. based monitoring and assessment approaches that was based on a factor other than the (2) NON-FEDERAL SHARE.—Such non-Federal for implementation through Partnerships; criteria described in section 205(c); and share of the cost of a fish habitat conserva- (5) supporting and providing recommenda- (v) an accounting of expenditures by Fed- tion project— tions for a national fish habitat assessment; eral, State, or local governments, Indian (A) may not be derived from another Fed- (6) ensuring the availability of experts to Tribes, or other entities to carry out fish eral grant program; and assist in conducting scientifically based habitat conservation projects under this (B) may include in-kind contributions and evaluation and reporting of the results of title. cash. fish habitat conservation projects; and (b) STATUS AND TRENDS REPORT.—Not later (3) SPECIAL RULE FOR INDIAN TRIBES.—Not- (7) providing resources to secure State than December 31, 2021, and every 5 years withstanding paragraph (1) or any other pro- agency scientific and technical assistance to thereafter, the Board shall submit to the ap- vision of law, any funds made available to an support Partnerships, participants in fish propriate congressional committees a report Indian Tribe pursuant to this title may be habitat conservation projects, and the that includes— considered to be non-Federal funds for the Board. (1) a status of all Partnerships designated purpose of paragraph (1). SEC. 207. COORDINATION WITH STATES AND IN- under this title; (4) WAIVER AUTHORITY.—The Secretary, in DIAN TRIBES. (2) a description of the status of fish habi- consultation with the Secretary of Com- The Secretary shall provide a notice to, tats in the United States as identified by merce with respect to marine or estuarine and cooperate with, the appropriate State designated Partnerships; and projects, may waive the application of para- agency or Tribal agency, as applicable, of (3) enhancements or reductions in public graph (2)(A) with respect to a State or an In- each State and Indian Tribe within the access as a result of— dian Tribe, or otherwise reduce the portion boundaries of which an activity is planned to (A) the activities of the Partnerships; or of the non-Federal share of the cost of an ac- be carried out pursuant to this title, includ- (B) any other activities carried out pursu- tivity required to be paid by a State or an ing notification, by not later than 30 days ant to this title. Indian Tribe under paragraph (1), if the Sec- before the date on which the activity is im- SEC. 210. EFFECT OF THIS TITLE. retary determines that the State or Indian plemented. (a) WATER RIGHTS.—Nothing in this title— Tribe does not have sufficient funds not de- SEC. 208. INTERAGENCY OPERATIONAL PLAN. (1) establishes any express or implied re- rived from another Federal grant program to Not later than 1 year after the date of en- served water right in the United States for pay such non-Federal share, or portion of the actment of this Act, and every 5 years there- any purpose; non-Federal share, without the use of loans. after, the Director, in cooperation with the (2) affects any water right in existence on (f) APPROVAL.— National Oceanic and Atmospheric Adminis- the date of enactment of this Act; (1) IN GENERAL.—Not later than 90 days tration Assistant Administrator, the Envi- (3) preempts or affects any State water law after the date of receipt of the recommended ronmental Protection Agency Assistant Ad- or interstate compact governing water; or priority list of fish habitat conservation ministrator, the Director of the United (4) affects any Federal or State law in ex- projects under subsection (b), and subject to States Geological Survey, and the heads of istence on the date of enactment of the Act subsection (d) and based, to the maximum other appropriate Federal departments and regarding water quality or water quantity. extent practicable, on the criteria described agencies (including, at a minimum, those (b) AUTHORITY TO ACQUIRE WATER RIGHTS in subsection (c), the Secretary, after con- agencies represented on the Board) shall de- OR RIGHTS TO PROPERTY.—Only a State, local

VerDate Sep 11 2014 01:46 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\A09JA6.035 S09JAPT1 SSpencer on DSKBBXCHB2PROD with SENATE S138 CONGRESSIONAL RECORD — SENATE January 9, 2020 government, or other non-Federal entity (B) to carry out section 209. (3) the Secretary of the Interior, acting may acquire, under State law, water rights (3) TECHNICAL AND SCIENTIFIC ASSISTANCE.— through the Director of the United States or rights to property with funds made avail- There is authorized to be appropriated for Fish and Wildlife Service, and the Secretary able through section 212. each of fiscal years 2021 through 2025 to carry of Commerce, acting through the Assistant (c) STATE AUTHORITY.—Nothing in this out, and provide technical and scientific as- Administrator of the National Marine Fish- title— sistance under, section 206— eries Service, should consider the enrollment (1) affects the authority, jurisdiction, or (A) $400,000 to the Secretary for use by the in, and performance of, conservation agree- responsibility of a State to manage, control, United States Fish and Wildlife Service; ments and investment in, and implementa- or regulate fish and wildlife under the laws (B) $400,000 to the National Oceanic and At- tion of, general conservation activities by and regulations of the State; or mospheric Administration Assistant Admin- States, Indian Tribes, units of local govern- (2) authorizes the Secretary to control or istrator for use by the National Oceanic and ment, landowners, and other stakeholders in regulate within a State the fishing or hunt- Atmospheric Administration; making determinations under the Endan- ing of fish and wildlife. (C) $400,000 to the Environmental Protec- gered Species Act of 1973 (16 U.S.C. 1531 et (d) EFFECT ON INDIAN TRIBES.—Nothing in tion Agency Assistant Administrator for use seq.). this title abrogates, abridges, affects, modi- by the Environmental Protection Agency; SEC. 302. STUDY TO REVIEW CONSERVATION FAC- fies, supersedes, or alters any right of an In- (D) $400,000 to the Secretary for use by the TORS. dian Tribe recognized by treaty or any other United States Geological Survey; and (a) DEFINITION OF SECRETARIES.—In this means, including— (E) $400,000 to the Secretary of Agriculture, section, the term ‘‘Secretaries’’ means— (1) an agreement between the Indian Tribe acting through the Chief of the Forest Serv- (1) the Secretary of Agriculture; and the United States; ice, for use by the Forest Service. (2) the Secretary of Commerce, acting (2) Federal law (including regulations); (b) AGREEMENTS AND GRANTS.—The Sec- through the Assistant Administrator of the (3) an Executive order; or retary may— National Marine Fisheries Service; and (4) a judicial decree. (1) on the recommendation of the Board, (3) the Secretary of the Interior, acting (e) ADJUDICATION OF WATER RIGHTS.—Noth- and notwithstanding sections 6304 and 6305 of through the Director of the United States ing in this title diminishes or affects the title 31, United States Code, and the Federal Fish and Wildlife Service. ability of the Secretary to join an adjudica- Financial Assistance Management Improve- (b) STUDY.—To assess factors affecting suc- tion of rights to the use of water pursuant to ment Act of 1999 (31 U.S.C. 6101 note; Public cessful conservation activities under the En- subsection (a), (b), or (c) of section 208 of the Law 106–107), enter into a grant agreement, dangered Species Act of 1973 (16 U.S.C. 1531 et Departments of State, Justice, Commerce, cooperative agreement, or contract with a seq.), the Secretaries shall carry out a study— and The Judiciary Appropriation Act, 1953 Partnership or other entity to provide funds (1) to review any factors that threaten or (43 U.S.C. 666). authorized by this title for a fish habitat endanger a species for which a listing under (f) DEPARTMENT OF COMMERCE AUTHOR- conservation project or restoration or en- the Endangered Species Act of 1973 (16 U.S.C. ITY.—Nothing in this title affects the author- hancement project; ity, jurisdiction, or responsibility of the De- (2) apply for, accept, and, subject to the 1531 et seq.) would not contribute to the con- partment of Commerce to manage, control, availability of appropriations, use a grant servation of the species; or regulate fish or fish habitats under the from any individual or entity to carry out (2) to review any barriers to— Magnuson-Stevens Fishery Conservation and the purposes of this title; and (A) the delivery of Federal, State, local, or Management Act (16 U.S.C. 1801 et seq.). (3) subject to the availability of appropria- private funds for such conservation activi- ties, including statutory or regulatory im- (g) EFFECT ON OTHER AUTHORITIES.— tions, make funds authorized by this Act pediments, staffing needs, and other relevant (1) PRIVATE PROPERTY PROTECTION.—Noth- available to any Federal department or ing in this title permits the use of funds agency for use by that department or agency considerations; or made available to carry out this title to ac- to provide grants for any fish habitat protec- (B) the implementation of conservation quire real property or a real property inter- tion project, restoration project, or enhance- agreements, plans, or other cooperative est without the written consent of each ment project that the Secretary determines agreements, including agreements focused owner of the real property or real property to be consistent with this title. on voluntary activities, multispecies efforts, interest, respectively. (c) DONATIONS.— and other relevant considerations; (1) IN GENERAL.—The Secretary may— (3) to review factors that impact the abil- (2) MITIGATION.—Nothing in this title au- thorizes the use of funds made available to (A) enter into an agreement with any orga- ity of the Federal Government to success- carry out this title for fish and wildlife miti- nization described in section 501(c)(3) of the fully implement the Endangered Species Act gation purposes under— Internal Revenue Code of 1986 that is exempt of 1973 (16 U.S.C. 1531 et seq.); (A) the Federal Water Pollution Control from taxation under section 501(a) of that (4) to develop recommendations regarding Act (33 U.S.C. 1251 et seq.); Code to solicit private donations to carry methods to address barriers identified under (B) the Fish and Wildlife Coordination Act out the purposes of this title; and paragraph (2), if any; (16 U.S.C. 661 et seq.); (B) accept donations of funds, property, (5) to review determinations under the En- (C) the Water Resources Development Act and services to carry out the purposes of this dangered Species Act of 1973 (16 U.S.C. 1531 et of 1986 (Public Law 99–662; 100 Stat. 4082); or title. seq.) in which a species is determined to be (D) any other Federal law or court settle- (2) TREATMENT.—A donation accepted recovered by the Secretary of the Interior, ment. under this title— acting through the Director of the United (A) shall be considered to be a gift or be- States Fish and Wildlife Service, or the Sec- (3) CLEAN WATER ACT.—Nothing in this title affects any provision of the Federal Water quest to, or otherwise for the use of, the retary of Commerce, acting through the As- Pollution Control Act (33 U.S.C. 1251 et seq.), United States; and sistant Administrator of the National Ma- including any definition in that Act. (B) may be— rine Fisheries Service, but remains listed (i) used directly by the Secretary; or under that Act, including— SEC. 211. NONAPPLICABILITY OF FEDERAL ADVI- (ii) provided to another Federal depart- (A) an explanation of the factors pre- SORY COMMITTEE ACT. ment or agency through an interagency venting a delisting or downlisting of the spe- The Federal Advisory Committee Act (5 agreement. cies; and U.S.C. App.) shall not apply to— (B) recommendations regarding methods to (1) the Board; or SEC. 213. PROHIBITION AGAINST IMPLEMENTA- TION OF REGULATORY AUTHORITY address the factors described in subpara- (2) any Partnership. BY FEDERAL AGENCIES THROUGH graph (A); and SEC. 212. FUNDING. PARTNERSHIPS. (6) to review any determinations under the (a) AUTHORIZATION OF APPROPRIATIONS.— Any Partnership designated under this Endangered Species Act of 1973 (16 U.S.C. (1) FISH HABITAT CONSERVATION PROJECTS.— title— 1531 et seq.) in which a species has been iden- There is authorized to be appropriated to the (1) shall be for the sole purpose of pro- tified as needing listing or uplisting under Secretary $7,200,000 for each of fiscal years moting fish conservation; and that Act but remains unlisted or listed as a 2021 through 2025 to provide funds for fish (2) shall not be used to implement any reg- threatened species, respectively, including— habitat conservation projects approved ulatory authority of any Federal agency. (A) an explanation of the factors pre- under section 205(f), of which 5 percent is au- TITLE III—MISCELLANEOUS venting a listing or uplisting of the species; thorized only for projects carried out by In- SEC. 301. SENSE OF THE SENATE REGARDING and dian Tribes. CONSERVATION AGREEMENTS AND (B) recommendations regarding methods to (2) ADMINISTRATIVE AND PLANNING EX- ACTIVITIES. address the factors described in subpara- PENSES.—There is authorized to be appro- It is the sense of the Senate that— graph (A). priated to the Secretary for each of fiscal (1) voluntary conservation agreements ben- (c) REPORT.—Not later than 1 year after years 2021 through 2025 an amount equal to 5 efit species and the habitats on which the the date of enactment of this Act, the Secre- percent of the amount appropriated for the species rely; taries shall submit to the Committees on Ap- applicable fiscal year pursuant to paragraph (2) States, Indian Tribes, units of local gov- propriations and Environment and Public (1)— ernment, landowners, and other stakeholders Works of the Senate and the Committees on (A) for administrative and planning ex- should be encouraged to participate in vol- Appropriations and Natural Resources of the penses under this title; and untary conservation agreements; and House of Representatives and make publicly

VerDate Sep 11 2014 01:46 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\A09JA6.035 S09JAPT1 SSpencer on DSKBBXCHB2PROD with SENATE January 9, 2020 CONGRESSIONAL RECORD — SENATE S139 available a report describing the results of ment or agency as a direct result of any pro- TITLE I—COMBATING MARINE DEBRIS the study under subsection (b). vision of the Endangered Species Act of 1973 Subtitle A—Marine Debris Foundation (16 U.S.C. 1531 et seq.) (including any regula- SEC. 303. STUDY AND REPORT ON EXPENDI- Sec. 111. Establishment and purposes of TURES. tion promulgated pursuant to that Act) dur- Foundation. (a) REPORTS ON EXPENDITURES.— ing— Sec. 112. Board of Directors of the Founda- (1) FEDERAL DEPARTMENTS AND AGENCIES.— (A) with respect to the first report under tion. (A) IN GENERAL.—At the determination of paragraph (2), the 3 fiscal years preceding Sec. 113. Rights and obligations of the Foun- the Comptroller General of the United States the date of submission of the report; and (referred to in this section as the ‘‘Comp- dation. (B) with respect to the second report under Sec. 114. Administrative services and sup- troller General’’), to facilitate the prepara- paragraph (2), the 2 fiscal years preceding tion of the reports from the Comptroller port. the date of submission of the report. Sec. 115. Volunteer status. General under paragraph (2), the head of (2) COMPTROLLER GENERAL.—Not later than Sec. 116. Report requirements; petition of each Federal department and agency shall 2 years and 4 years after the date of enact- attorney general for equitable submit to the Comptroller General data and ment of this Act, the Comptroller General relief. other relevant information that describes shall submit to the Committees on Com- Sec. 117. United States release from liabil- the amounts expended or disbursed (includ- merce, Science, and Transportation and En- ity. ing through loans, loan guarantees, grants, vironment and Public Works of the Senate Sec. 118. Authorization of appropriations. or any other financing mechanism) by the and the Committee on Natural Resources of Sec. 119. Termination of authority. department or agency as a direct result of the House of Representatives a report that— Subtitle B—Genius Prize for Save Our Seas any provision of the Endangered Species Act (A) describes the conservation activities by Innovations of 1973 (16 U.S.C. 1531 et seq.) (including any all Federal departments and agencies for regulation promulgated pursuant to that species listed as a threatened species or en- Sec. 121. Definitions. Act) during— dangered species under the Endangered Spe- Sec. 122. Genius prize for Save Our Seas In- (i) with respect to the first report under cies Act of 1973 (16 U.S.C. 1531 et seq.), as re- novations. paragraph (2), the 3 fiscal years preceding ported under paragraph (1), during— Sec. 123. Agreement with the marine debris the date of submission of the report; and (i) with respect to the first report, the 3 foundation. (ii) with respect to the second report under fiscal years preceding the date of submission Sec. 124. Judges. paragraph (2), the 2 fiscal years preceding of the report; and Sec. 125. Report to Congress. the date of submission of the report. (ii) with respect to the second report, the 2 Sec. 126. Authorization of appropriations. Sec. 127. Termination of authority. (B) REQUIREMENTS.—Data and other rel- fiscal years preceding the date of submission evant information submitted under subpara- of the report; Subtitle C—Other Measures Relating to graph (A) shall describe, with respect to the (B) is organized into categories with re- Combating Marine Debris applicable amounts— spect to whether a recovery plan for a spe- Sec. 131. Prioritization of marine debris in (i) the programmatic office of the depart- cies has been established; existing innovation and entre- ment or agency on behalf of which each (C) includes conservation outcomes associ- preneurship programs. amount was expended or disbursed; ated with the conservation activities; and Sec. 132. Expansion of derelict vessel recy- (ii) the provision of the Endangered Spe- (D) as applicable, describes the conserva- cling. cies Act of 1973 (16 U.S.C. 1531 et seq.) (or reg- tion activities that required interaction be- Sec. 133. Incentive for fishermen to collect ulation promulgated pursuant to that Act) tween Federal agencies and between Federal and dispose of plastic found at pursuant to which each amount was ex- sea. pended or disbursed; and agencies and State and Tribal agencies and Sec. 134. Amendments to Marine Debris Pro- (iii) the project or activity carried out units of local government pursuant to the using each amount, in detail sufficient to re- Endangered Species Act of 1973 (16 U.S.C. gram. flect the breadth, scope, and purpose of the 1531 et seq.). Sec. 135. Marine debris on National Forest project or activity. SEC. 304. USE OF VALUE OF LAND FOR COST System land. SHARING. (2) COMPTROLLER GENERAL.—Not later than Subtitle D—Studies and Reports The Pittman-Robertson Wildlife Restora- 2 years and 4 years after the date of enact- Sec. 141. Report on opportunities for innova- tion Act (16 U.S.C. 669 et seq.) is amended— ment of this Act, the Comptroller General tive uses of plastic waste. (1) by redesignating section 13 as section shall submit to the Committees on Appro- Sec. 142. Report on microfiber pollution. 14; and priations, Commerce, Science, and Transpor- Sec. 143. Study on United States plastic pol- (2) by inserting after section 12 the fol- tation, and Environment and Public Works lution data. lowing: of the Senate and the Committee on Appro- Sec. 144. Study on mass balance methodolo- priations and Natural Resources of the ‘‘SEC. 13. VALUE OF LAND. gies to certify circular poly- House of Representatives a report that de- ‘‘Notwithstanding any other provision of mers. scribes— law, any institution eligible to receive Fed- Sec. 145. Report on sources and impacts of (A) the aggregate amount expended or dis- eral funds under the Agricultural Research, derelict fishing gear. bursed by all Federal departments and agen- Extension, and Education Reform Act of 1998 (7 U.S.C. 7601 et seq.) shall be allowed to use TITLE II—ENHANCED GLOBAL ENGAGE- cies as a direct result of any provision of the MENT TO COMBAT MARINE DEBRIS Endangered Species Act of 1973 (16 U.S.C. the value of any land owned by the institu- Sec. 201. Statement of policy on inter- 1531 et seq.) (including any regulation pro- tion as an in-kind match to satisfy any cost national cooperation to combat mulgated pursuant to that Act) during— sharing requirement under this Act.’’. marine debris. (i) with respect to the first report, the 3 Mr. MCCONNELL (for Mr. Sec. 202. Prioritization of efforts and assist- fiscal years preceding the date of submission SA 1277. ance to combat marine debris of the report; and BARRASSO) proposed an amendment to and improve plastic waste man- (ii) with respect to the second report, the 2 the bill H.R. 925, to improve protec- agement. fiscal years preceding the date of submission tions for wildlife, and for other pur- Sec. 203. United States leadership in inter- of the report; poses; as follows: national fora. (B) the provision of the Endangered Spe- Amend the title so as to read: ‘‘An Act to Sec. 204. Enhancing international outreach cies Act of 1973 (16 U.S.C. 1531 et seq.) (or reg- improve protections for wildlife, and for and partnership of United ulation promulgated pursuant to that Act) other purposes.’’. States agencies involved in ma- pursuant to which each such amount was ex- rine debris activities. pended or disbursed; and SA 1278. Mr. MCCONNELL (for Mr. Sec. 205. Negotiation of new international (C) with respect to each relevant depart- SULLIVAN (for himself, Mr. WHITE- agreements. ment or agency— HOUSE, and Mr. MENENDEZ)) proposed Sec. 206. Consideration of marine debris in (i) the total amount expended or disbursed an amendment to the bill S. 1982, to negotiating international by the department or agency as described in agreements. subparagraph (A); and improve efforts to combat marine de- (ii) the information described in clauses (i) bris, and for other purposes; as follows: TITLE III—IMPROVING DOMESTIC INFRA- through (iii) of paragraph (1)(B). Strike all after the enacting clause and in- STRUCTURE TO PREVENT MARINE DE- (b) REPORT ON CONSERVATION ACTIVITIES.— sert the following: BRIS (1) FEDERAL DEPARTMENTS AND AGENCIES.— SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Sec. 301. Strategy for improving post-con- At the determination of the Comptroller (a) SHORT TITLE.—This Act may be cited as sumer materials management General, to facilitate the preparation of the the ‘‘Save Our Seas 2.0 Act’’. and water management. report under paragraph (2), the head of each (b) TABLE OF CONTENTS.—The table of con- Sec. 302. Sense of the Senate for issues to be Federal department and agency shall submit tents of this Act is as follows: included in strategy for post- to the Comptroller General data and other consumer materials manage- relevant information that describes the con- Sec. 1. Short title; table of contents. ment and water management. servation activities by the Federal depart- Sec. 2. Definitions. Sec. 303. Grant programs.

VerDate Sep 11 2014 03:28 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0655 E:\CR\FM\A09JA6.035 S09JAPT1 SSpencer on DSKBBXCHB2PROD with SENATE S140 CONGRESSIONAL RECORD — SENATE January 9, 2020 Sec. 304. Study on repurposing plastic waste supervision, and long-term management of constitute employment by, or the holding of in infrastructure. processes and equipment used for post-use an office of, the United States for the pur- Sec. 305. Study on effects of microplastics in material (including packaging, goods, prod- pose of any Federal law. food supplies and sources of ucts, and other materials), including— (b) APPOINTMENT AND TERMS.— drinking water. (A) collection; (1) APPOINTMENT.—Subject to paragraph (B) transport; Sec. 306. Report on eliminating barriers to (2), after consulting with the EPA Adminis- (C) safe disposal of waste that cannot be increase the collection of recy- trator, the Director of the United States recovered, reused, recycled, repaired, or re- clable materials. Fish and Wildlife Service, the Assistant Sec- furbished; and Sec. 307. Report on economic incentives to retary of State for the Bureau of Oceans and (D) systems and processes related to post- spur development of new end- International Environmental and Scientific use materials that can be recovered, reused, use markets for recycled plas- Affairs, and the Administrator of the United recycled, repaired, or refurbished. tics. States Agency for International Develop- (10) STATE.—The term ‘‘State’’ means— Sec. 308. Report on minimizing the creation ment, and considering the recommendations of new plastic waste. (A) a State; (B) an Indian Tribe; submitted by the Board, the Under Secretary SEC. 2. DEFINITIONS. shall appoint 12 Directors who meet the cri- In this Act: (C) the District of Columbia; (D) a territory or possession of the United teria established by subsection (a), of (1) CIRCULAR ECONOMY.—The term ‘‘circular States; or whom— economy’’ means an economy that uses a (E) any political subdivision of an entity (A) at least 4 shall be educated or experi- systems-focused approach and involves in- described in subparagraphs (A) through (D). enced in the assessment, prevention, reduc- dustrial processes and economic activities (11) UNDER SECRETARY.—The term ‘‘Under tion, or removal of marine debris, which may that— Secretary’’ means the Under Secretary of include an individual with expertise in post- (A) are restorative or regenerative by de- Commerce for Oceans and Atmosphere and consumer materials management or a cir- sign; Administrator of the National Oceanic and cular economy; (B) enable resources used in such processes Atmospheric Administration. (B) at least 2 shall be educated or experi- and activities to maintain their highest val- enced in the assessment, prevention, reduc- TITLE I—COMBATING MARINE DEBRIS ues for as long as possible; and tion, or removal of marine debris outside the (C) aim for the elimination of waste Subtitle A—Marine Debris Foundation United States; through the superior design of materials, SEC. 111. ESTABLISHMENT AND PURPOSES OF (C) at least 2 shall be educated or experi- products, and systems (including business FOUNDATION. enced in ocean and coastal resource con- models). (a) ESTABLISHMENT.—There is established servation science or policy; and (2) EPA ADMINISTRATOR.—The term ‘‘EPA the Marine Debris Foundation (in this title (D) at least 2 shall be educated or experi- Administrator’’ means the Administrator of referred to as the ‘‘Foundation’’). The Foun- enced in international trade or foreign pol- dation is a charitable and nonprofit organi- the Environmental Protection Agency. icy. zation and is not an agency or establishment (3) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ (2) TERMS.— of the United States. has the meaning given the term ‘‘Indian (A) IN GENERAL.—Subject to subparagraph URPOSES.—The purposes of the Foun- tribe’’ in section 4 of the Indian Self-Deter- (b) P dation are— (B), each Director (other than the Under Sec- mination and Education Assistance Act (25 (1) to encourage, accept, and administer retary) shall be appointed for a term of 6 U.S.C. 5304), without regard to capitaliza- private gifts of property for the benefit of, or years. tion. in connection with, the activities and serv- (B) INITIAL APPOINTMENTS TO NEW MEMBER (4) INTERAGENCY MARINE DEBRIS COORDI- ices of the National Oceanic and Atmos- POSITIONS.—Of the Directors appointed by NATING COMMITTEE.—The term ‘‘Interagency pheric Administration under the Marine De- the Under Secretary under paragraph (1), the Marine Debris Coordinating Committee’’ bris Program established under section 3 of Secretary shall appoint, not later than 180 means the Interagency Marine Debris Co- the Marine Debris Act (33 U.S.C. 1952), and days after the date of the enactment of this ordinating Committee established under sec- other relevant programs and agencies; Act— tion 5 of the Marine Debris Act (33 U.S.C. (2) to undertake and conduct such other (i) 4 Directors for a term of 6 years; 1954). activities as will further the efforts of the (ii) 4 Directors for a term of 4 years; and (5) MARINE DEBRIS.—The term ‘‘marine de- National Oceanic and Atmospheric Adminis- (iii) 4 Directors for a term of 2 years. bris’’ has the meaning given that term in tration to assess, prevent, reduce, and re- (3) VACANCIES.— section 7 of the Marine Debris Act (33 U.S.C. move marine debris and address the adverse (A) IN GENERAL.—The Under Secretary 1956). impacts of marine debris on the economy of shall fill a vacancy on the Board. (6) MARINE DEBRIS EVENT.—The term ‘‘ma- the United States, the marine environment, (B) TERM OF APPOINTMENTS TO FILL UNEX- rine debris event’’ means an event or related and navigation safety; PIRED TERMS.—An individual appointed to fill events that affects or may imminently affect (3) to participate with, and otherwise as- a vacancy that occurs before the expiration the United States involving— sist, State, local, and Tribal governments, of the term of a Director shall be appointed (A) marine debris caused by a natural foreign governments, entities, and individ- for the remainder of the term. event, including a tsunami, flood, landslide, uals in undertaking and conducting activi- (4) REAPPOINTMENT.—An individual (other hurricane, or other natural source; ties to assess, prevent, reduce, and remove than an individual described in paragraph (B) distinct, nonrecurring marine debris, marine debris and address the adverse im- (1)) shall not serve more than 2 consecutive including derelict vessel groundings and con- pacts of marine debris and its root causes on terms as a Director, excluding any term of tainer spills, that have immediate or long- the economy of the United States, the ma- less than 6 years. term impacts on habitats with high ecologi- rine environment (including waters in the ju- (5) REQUEST FOR REMOVAL.—The executive cal, economic, or human-use values; or risdiction of the United States, the high committee of the Board may submit to the (C) marine debris caused by an intentional seas, and waters in the jurisdiction of other Under Secretary a letter describing the non- or grossly negligent act or acts that causes countries), and navigation safety; performance of a Director and requesting the substantial economic or environmental (4) to administer the Genius Prize for Save removal of the Director from the Board. harm. Our Seas Innovation as described in title II; (6) CONSULTATION BEFORE REMOVAL.—Before (7) NON-FEDERAL FUNDS.—The term ‘‘non- and removing any Director from the Board, the Federal funds’’ means funds provided by— (5) to support other Federal actions to re- Under Secretary shall consult with the As- (A) a State; duce marine debris. sistant Secretary of State for the Bureau of (B) an Indian Tribe; SEC. 112. BOARD OF DIRECTORS OF THE FOUN- Oceans and International Environmental and (C) a territory of the United States; DATION. Scientific Affairs, the Director of the United (D) one or more units of local governments (a) ESTABLISHMENT AND MEMBERSHIP.— States Fish and Wildlife Service, and the or Tribal organizations (as defined in section (1) IN GENERAL.—The Foundation shall EPA Administrator. 4 of the Indian Self-Determination and Edu- have a governing Board of Directors (in this (c) CHAIRMAN.—The Chairman shall be cation Assistance Act (25 U.S.C. 5304)); title referred to as the ‘‘Board’’), which shall (E) a foreign government; consist of the Under Secretary and 12 addi- elected by the Board from its members for a (F) a private for-profit entity; tional Directors appointed in accordance 2-year term. (G) a nonprofit organization; or with subsection (b) from among individuals (d) QUORUM.—A majority of the current (H) a private individual. who are United States citizens. membership of the Board shall constitute a (8) NONPROFIT ORGANIZATION.—The term (2) REPRESENTATION OF DIVERSE POINTS OF quorum for the transaction of business. ‘‘nonprofit organization’’ means an organiza- VIEW.—To the maximum extent practicable, tion that is described in section 501(c) of the the membership of the Board shall represent (e) MEETINGS.—The Board shall meet at the Internal Revenue Code of 1986 and exempt diverse points of view relating to the assess- call of the Chairman at least once a year. If from tax under section 501(a) of such Code. ment, prevention, reduction, and removal of a Director misses 3 consecutive regularly (9) POST-CONSUMER MATERIALS MANAGE- marine debris. scheduled meetings, that individual may be MENT.—The term ‘‘post-consumer materials (3) NOT FEDERAL EMPLOYEES.—Appointment removed from the Board and that vacancy management’’ means the systems, operation, as a Director of the Foundation shall not filled in accordance with subsection (b).

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(f) REIMBURSEMENT OF EXPENSES.—Mem- ment, prevention, reduction, and removal of year, transmit to the Committee on Com- bers of the Board shall serve without pay, marine debris; merce, Science, and Transportation of the but may be reimbursed for the actual and (G) unless otherwise required by the in- Senate and the Committee on Natural Re- necessary traveling and subsistence expenses strument of transfer, to sell, donate, lease, sources and the Committee on Energy and incurred by them in the performance of the invest, reinvest, retain or otherwise dispose Commerce of the House of Representatives a duties of the Foundation. of any property or income therefrom; report— (g) GENERAL POWERS.— (H) to borrow money and issue bonds, de- (1) describing the proceedings and activi- (1) IN GENERAL.—The Board may complete bentures, or other debt instruments; ties of the Foundation during that fiscal the organization of the Foundation by— (I) to sue and be sued, and complain and year, including a full and complete state- (A) appointing officers and employees; defend itself in any court of competent juris- ment of its receipts, expenditures, and in- (B) adopting a constitution and bylaws diction, except that the Directors of the vestments; and consistent with the purposes of the Founda- Foundation shall not be personally liable, (2) including a detailed statement of the tion and the provisions of this title; and except for gross negligence; recipient, amount, and purpose of each grant (C) undertaking of other such acts as may (J) to enter into contracts or other ar- be necessary to carry out the provisions of rangements with, or provide financial assist- made by the Foundation in the fiscal year. this title. ance to, public agencies and private organi- (b) RELIEF WITH RESPECT TO CERTAIN FOUN- (2) LIMITATIONS ON APPOINTMENT.—The fol- zations and persons and to make such pay- DATION ACTS OR FAILURE TO ACT.—If the lowing limitations apply with respect to the ments as may be necessary to carry out its Foundation— appointment of officers and employees of the functions; and (1) engages in, or threatens to engage in, Foundation: (K) to do any and all acts necessary and any act, practice, or policy that is incon- (A) Officers and employees may not be ap- proper to carry out the purposes of the Foun- sistent with its purposes set forth in section pointed until the Foundation has sufficient dation. 111(b), or funds to pay them for their service. Officers (2) NON-FEDERAL CONTRIBUTIONS TO THE (2) refuses, fails, or neglects to discharge and employees of the Foundation shall be ap- FUND.—A gift, devise, or bequest may be ac- its obligations under this title, or threatens pointed without regard to the provisions of cepted by the Foundation without regard to to do so, title 5, United States Code, governing ap- whether the gift, devise, or bequest is en- pointments in the competitive service, and cumbered, restricted, or subject to beneficial the Attorney General may petition in the may be paid without regard to the provisions interests of private persons if any current or United States District Court for the District of chapter 51 and subchapter III of chapter 53 future interest in the gift, devise, or bequest of Columbia for such equitable relief as may of such title relating to classification and is for the benefit of the Foundation. be necessary or appropriate. General Schedule pay rates. (d) NOTICE TO MEMBERS OF CONGRESS.—The (B) The first officer or employee appointed Foundation may not make a grant of Federal SEC. 117. UNITED STATES RELEASE FROM LIABIL- ITY. by the Board shall be the Secretary of the funds in an amount greater than $100,000 un- Board who— less, by not later than 15 days before the The United States shall not be liable for (i) shall serve, at the direction of the grant is made, the Foundation provides no- any debts, defaults, acts, or omissions of the Board, as its chief operating officer; and tice of the grant to the Member of Congress Foundation nor shall the full faith and credit for the congressional district in which the (ii) shall be knowledgeable and experienced of the United States extend to any obliga- project to be funded with the grant will be in matters relating to the assessment, pre- tion of the Foundation. vention, reduction, and removal of marine carried out. debris. (e) COORDINATION OF INTERNATIONAL EF- SEC. 118. AUTHORIZATION OF APPROPRIATIONS. FORTS.—Any efforts of the Foundation car- SEC. 113. RIGHTS AND OBLIGATIONS OF THE ried out in a foreign country, and any grants (a) AUTHORIZATION OF APPROPRIATIONS.— FOUNDATION. provided to an individual or entity in a for- (1) IN GENERAL.—The Secretary of Com- (a) IN GENERAL.—The Foundation— eign country, shall be made only with the merce shall carry out this title using exist- (1) shall have perpetual succession; concurrence of the Secretary of State, in ing amounts that are appropriated or other- (2) may conduct business throughout the consultation, as appropriate, with the Ad- wise made available to the Department of several States, territories, and possessions of ministrator of the United States Agency for Commerce. the United States and abroad; and International Development. (2) USE OF APPROPRIATED FUNDS.—Subject (3) shall at all times maintain a designated (f) CONSULTATION WITH NOAA.—The Foun- to paragraph (3), amounts made available agent authorized to accept service of process dation shall consult with the Under Sec- under paragraph (1) shall be provided to the for the Foundation. retary during the planning of any restora- Foundation to match contributions (whether (b) SERVICE OF PROCESS.—The serving of tion or remediation action using funds re- in currency, services, or property) made to notice to, or service of process upon, the sulting from judgments or settlements relat- the Foundation, or to a recipient of a grant agent required under subsection (a)(3), or ing to the damage to trust resources of the provided by the Foundation, by private per- mailed to the business address of such agent, National Oceanic and Atmospheric Adminis- sons and State and local government agen- shall be deemed as service upon or notice to tration. cies. SEC. 114. ADMINISTRATIVE SERVICES AND SUP- the Foundation. (3) PROHIBITION ON USE FOR ADMINISTRATIVE PORT. (c) POWERS.— EXPENSES.— (a) PROVISION OF SERVICES.—The Under (1) IN GENERAL.—To carry out its purposes (A) IN GENERAL.—Except as provided in under section 111, the Foundation shall have, Secretary may provide personnel, facilities, and other administrative services to the subparagraph (B), no Federal funds made in addition to the powers otherwise given it available under paragraph (1) may be used by under this title, the usual powers of a cor- Foundation, including reimbursement of ex- penses, not to exceed the current Federal the Foundation for administrative expenses poration acting as a trustee in the District of the Foundation, including for salaries, of Columbia, including the power— Government per diem rates, for a period of up to 5 years beginning on the date of the en- travel and transportation expenses, and (A) to accept, receive, solicit, hold, admin- other overhead expenses. ister, and use any gift, devise, or bequest, ei- actment of this Act. (b) REIMBURSEMENT.—The Under Secretary (B) EXCEPTION.—The Secretary may allow ther absolutely or in trust, of real or per- shall require reimbursement from the Foun- the use of Federal funds made available sonal property or any income therefrom or dation for any administrative service pro- under paragraph (1) to pay for salaries dur- other interest therein; vided under subsection (a). The Under Sec- ing the 18-month period beginning on the (B) to acquire by purchase or exchange any retary shall deposit any reimbursement re- date of the enactment of this Act. real or personal property or interest therein; ceived under this subsection into the Treas- (b) ADDITIONAL AUTHORIZATION.— (C) to invest any funds provided to the ury to the credit of the appropriations then (1) IN GENERAL.—In addition to the Foundation by the Federal Government in current and chargeable for the cost of pro- obligations of the United States or in obliga- viding such services. amounts made available under subsection (a), the Foundation may accept Federal tions or securities that are guaranteed or in- SEC. 115. VOLUNTEER STATUS. funds from a Federal agency under any other sured by the United States; The Secretary of Commerce may accept, (D) to deposit any funds provided to the without regard to the civil service classifica- Federal law for use by the Foundation to fur- Foundation by the Federal Government into tion laws, rules, or regulations, the services ther the assessment, prevention, reduction, accounts that are insured by an agency or in- of the Foundation, the Board, and the offi- and removal of marine debris in accordance strumentality of the United States; cers and employees of the Board, without with the requirements of this title. (E) to make use of any interest or invest- compensation from the Department of Com- (2) USE OF FUNDS ACCEPTED FROM FEDERAL ment income that accrues as a consequence merce, as volunteers in the performance of AGENCIES.—Federal funds provided to the of actions taken under subparagraph (C) or the functions authorized in this title. Foundation under paragraph (1) shall be used (D) to carry out the purposes of the Founda- SEC. 116. REPORT REQUIREMENTS; PETITION OF by the Foundation for matching, in whole or tion; ATTORNEY GENERAL FOR EQUI- in part, contributions (whether in currency, (F) to use Federal funds to make payments TABLE RELIEF. services, or property) made to the Founda- under cooperative agreements to provide (a) REPORT.—The Foundation shall, as soon tion by private persons and State and local substantial long-term benefits for the assess- as practicable after the end of each fiscal government agencies.

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(c) PROHIBITION ON USE OF GRANT AMOUNTS SEC. 123. AGREEMENT WITH THE MARINE DEBRIS (B) may accept a contribution for a cash FOR LITIGATION AND LOBBYING EXPENSES.— FOUNDATION. prize in exchange for the right to name the Amounts provided as a grant by the Founda- (a) IN GENERAL.—The Secretary shall offer prize; and tion shall not be used for— to enter into an agreement, which may in- (C) shall not give special consideration to (1) any expense related to litigation con- clude a grant or cooperative agreement, any Federal agency or non-Federal entity in sistent with Federal-wide cost principles; or under which the Marine Debris Foundation exchange for a donation for a cash prize (2) any activity the purpose of which is to established under title I shall administer the awarded under this section. influence legislation pending before Congress prize competition. (b) REQUIREMENTS.—An agreement entered SEC. 124. JUDGES. consistent with Federal-wide cost principles. into under subsection (a) shall comply with (a) APPOINTMENT.—The Secretary shall ap- SEC. 119. TERMINATION OF AUTHORITY. the following requirements: point not fewer than 3 judges who shall, ex- The authority of the Foundation under (1) DUTIES.—The Marine Debris Foundation cept as provided in subsection (b), select the this subtitle shall terminate on the date that shall— 1 or more annual winners of the prize com- is 10 years after the establishment of the (A) advertise the prize competition; petition. Foundation, unless the Foundation is reau- (B) solicit prize competition participants; (b) DETERMINATION BY THE SECRETARY.— thorized by an Act of Congress. (C) administer funds relating to the prize The judges appointed under subsection (a) Subtitle B—Genius Prize for Save Our Seas competition; shall not select any annual winner of the (D) receive Federal and non-Federal Innovations prize competition if the Secretary makes a funds— determination that, in any fiscal year, none SEC. 121. DEFINITIONS. (i) to administer the prize competition; and of the technological advancements entered In this subtitle: (ii) to award a cash prize; into the prize competition merits an award. (1) PRIZE COMPETITION.—The term ‘‘prize (E) carry out activities to generate con- competition’’ means the competition for the tributions of non-Federal funds to offset, in SEC. 125. REPORT TO CONGRESS. award of the Genius Prize for Save Our Seas whole or in part— Not later than 60 days after the date on Innovations established under section 122. (i) the administrative costs of the prize which a cash prize is awarded under this (2) SECRETARY.—The term ‘‘Secretary’’ competition; and title, the Secretary shall post on a publicly means the Secretary of Commerce. (ii) the costs of a cash prize; available website a report on the prize com- SEC. 122. GENIUS PRIZE FOR SAVE OUR SEAS IN- (F) in the design and award of the prize, petition that includes— NOVATIONS. consult, as appropriate with experts from— (1) a statement by the Committee that de- (a) IN GENERAL.— (i) Federal agencies with jurisdiction over scribes the activities carried out by the Com- (1) IN GENERAL.—Not later than 1 year after the prevention of marine debris or the pro- mittee relating to the duties described in the date of the enactment of this Act, the motion of innovative materials; section 123; Secretary shall establish under section 24 of (ii) State agencies with jurisdiction over (2) if the Secretary has entered into an the Stevenson-Wydler Technology Innova- the prevention of marine debris or the pro- agreement under section 123, a statement by tion Act of 1980 (15 U.S.C. 3719) a prize com- motion of innovative materials; the Marine Debris Foundation that describes petition— (iii) State, regional, or local conservation the activities carried out by the Marine De- (A) to encourage technological innovation or post-consumer materials management or- bris Foundation relating to the duties de- with the potential to reduce plastic waste, ganizations, the mission of which relates to scribed in section 123; and and associated and potential pollution, and the prevention of marine debris or the pro- (3) a statement by 1 or more of the judges thereby prevent marine debris; and motion of innovative materials; appointed under section 124 that explains the (B) to award 1 or more prizes biennially for (iv) conservation groups, technology com- basis on which the winner of the cash prize projects that advance human understanding panies, research institutions, scientists (in- was selected. and innovation in removing and preventing cluding those with expertise in marine envi- plastic waste, in one of the categories de- ronments) institutions of higher education, SEC. 126. AUTHORIZATION OF APPROPRIATIONS. scribed in paragraph (2). industry, or individual stakeholders with an The Secretary of Commerce shall carry out (2) CATEGORIES FOR PROJECTS.—The cat- interest in the prevention of marine debris this title using existing amounts that are ap- egories for projects are: or the promotion of innovative materials; propriated or otherwise made available to (A) Advancements in materials used in (v) experts in the area of standards devel- the Department of Commerce. packaging and other products that, if such opment regarding the degradation, break- SEC. 127. TERMINATION OF AUTHORITY. products enter the coastal or ocean environ- down, or recycling of polymers; and The prize program will terminate after 5 ment, will fully degrade without harming (vi) other relevant experts of the Board’s prize competition cycles have been com- the environment, wildlife, or human health. choosing; pleted. (B) Innovations in production and pack- (G) in consultation with, and subject to aging design that reduce the use of raw ma- final approval by, the Secretary, develop cri- Subtitle C—Other Measures Relating to terials, increase recycled content, encourage teria for the selection of prize competition Combating Marine Debris reusability and recyclability, and promote a winners; circular economy. SEC. 131. PRIORITIZATION OF MARINE DEBRIS IN (H) provide advice and consultation to the EXISTING INNOVATION AND ENTRE- (C) Improvements in marine debris detec- Secretary on the selection of judges under PRENEURSHIP PROGRAMS. tion, monitoring, and cleanup technologies section 124 based on criteria developed in The Secretary of Commerce, the Secretary and processes. consultation with, and subject to the final of Energy, the EPA Administrator, and the (D) Improvements or improved strategies approval of, the Secretary; heads of other relevant Federal agencies, to increase solid waste collection, proc- (I) announce 1 or more annual winners of shall prioritize efforts to combat marine de- essing, sorting, recycling, or reuse. the prize competition; bris in innovation and entrepreneurship pro- (E) New designs or strategies to reduce (J) subject to paragraph (2), award 1 or grams established before the date of the en- overall packaging needs and promote reuse. more cash prizes biennially of not less than actment of this Act, including by using such (b) DESIGNATION.—The prize competition $100,000; and programs to increase innovation in and the established under subsection (a) shall be (K) protect against unauthorized use or effectiveness of post-consumer materials known as the ‘‘Genius Prize for Save Our disclosure by the Marine Debris Foundation management, monitoring, detection, and Seas Innovations’’. of any trade secret or confidential business data-sharing related to the prevalence and (c) PRIORITIZATION.—In selecting awards information of a prize competition partici- location of marine debris, demand for recy- for the prize competition, priority shall be pant. cled content, alternative uses for plastic given to projects that— (2) ADDITIONAL CASH PRIZES.—The Marine waste, product design, reduction of dispos- (1) have a strategy, submitted with the ap- Debris Foundation may award more than 1 able plastic consumer products and pack- plication or proposal, to move the new tech- cash prize in a year— aging, ocean biodegradable materials devel- nology, process, design, material, or other (A) if the initial cash prize referred to in opment, waste prevention, and cleanup. product supported by the prize to market- paragraph (1)(I) and any additional cash scale deployment; prizes are awarded using only non-Federal SEC. 132. EXPANSION OF DERELICT VESSEL RE- (2) support the concept of a circular econ- funds; and CYCLING. omy; and (B) consisting of an amount determined by Not later than 1 year after the date of the (3) promote development of materials the Under Secretary after the Secretary is enactment of this Act, the Under Secretary that— notified by the Marine Debris Foundation and the EPA Administrator shall jointly (A) can fully degrade in the ocean without that non-Federal funds are available for an conduct a study to determine the feasibility harming the environment, wildlife, or human additional cash prize. of developing a nationwide derelict vessel re- health; and (3) SOLICITATION OF FUNDS.—The Marine cycling program— (B) are to be used in fishing gear or other Debris Foundation— (1) using as a model the fiberglass boat re- maritime products that have an increased (A) may request and accept Federal funds cycling program from the pilot project in likelihood of entering the coastal or ocean and non-Federal funds for a cash prize or ad- Rhode Island led by Rhode Island Sea Grant environment as unintentional waste. ministration of the prize competition; and its partners; and

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INCENTIVE FOR FISHERMEN TO COL- (1) a definition for ‘‘microfiber’’; through the production system and to ensure LECT AND DISPOSE OF PLASTIC (2) an assessment of the sources, preva- an appropriate allocation of this content in FOUND AT SEA. lence, and causes of microfiber pollution; the finished goods based on auditable book- (a) IN GENERAL.—The Under Secretary (3) a recommendation for a standardized keeping. shall establish a pilot program to assess the methodology to measure and estimate the feasibility and advisability of providing in- prevalence of microfiber pollution; SEC. 145. REPORT ON SOURCES AND IMPACTS OF centives, such as grants, to fishermen based (4) recommendations for reducing DERELICT FISHING GEAR. in the United States who incidentally cap- microfiber pollution; and Not later than 2 years after the date of the ture marine debris while at sea— (5) a plan for how Federal agencies, in part- enactment of this Act, the Under Secretary (1) to track or keep the debris on board; nership with other stakeholders, can lead on shall submit to Congress a report that in- and opportunities to reduce microfiber pollution cludes— (2) to dispose of the debris properly on during the 5-year period beginning on such (1) an analysis of the scale of fishing gear land. date of enactment. losses by domestic and foreign fisheries, in- (b) SUPPORT FOR COLLECTION AND REMOVAL SEC. 143. STUDY ON UNITED STATES PLASTIC cluding— OF DERELICT GEAR.—The Under Secretary POLLUTION DATA. (A) how the amount of gear lost varies shall encourage United States efforts, such (a) IN GENERAL.—The Under Secretary, in among— as the Fishing for Energy net disposal pro- consultation with the EPA Administrator (i) domestic and foreign fisheries; gram, that support— and the Secretary of the Interior, shall seek (ii) types of fishing gear; and (1) collection and removal of derelict fish- to enter into an arrangement with the Na- (iii) methods of fishing; ing gear and other fishing waste; tional Academies of Sciences, Engineering, (B) how lost fishing gear is transported by (2) disposal or recycling of such gear and and Medicine under which the National ocean currents; and waste; and Academies will undertake a multifaceted (C) common reasons fishing gear is lost; (3) prevention of the loss of such gear. study that includes the following: (2) an evaluation of the ecological, human SEC. 134. AMENDMENTS TO MARINE DEBRIS PRO- (1) An evaluation of United States con- health, and maritime safety impacts of dere- GRAM. tributions to global ocean plastic waste, in- lict fishing gear, and how those impacts vary (a) AUTHORIZATION OF APPROPRIATIONS.— cluding types, sources, and geographic vari- across— Section 9(a) of the Marine Debris Act (33 ations. (A) types of fishing gear; U.S.C. 1958(a)) is amended by— (2) An assessment of the prevalence of ma- (B) materials used to construct fishing (1) striking ‘‘$10,000,000’’ and inserting rine debris and mismanaged plastic waste in gear; and ‘‘$15,000,000’’; and saltwater and freshwater United States navi- (C) geographic location; (2) striking ‘‘5 percent’’ and inserting ‘‘7 gable waterways and tributaries. (3) recommendations on management percent’’. (3) An examination of the import and ex- (b) ENHANCEMENT OF PURPOSE.—Section 2 measures— port of plastic waste to and from the United (A) to prevent fishing gear losses; and of the Marine Debris Act (33 U.S.C. 1951) is States, including the destinations of the ex- (B) to reduce the impacts of lost fishing amended by striking ‘‘marine environment,’’ ported plastic waste and the waste manage- gear; and inserting ‘‘marine environment (includ- ment infrastructure and environmental con- (4) an assessment of the cost of imple- ing waters in the jurisdiction of the United ditions of these locations. menting such management measures; and States, the high seas, and waters in the juris- (4) Potential means to reduce United (5) an assessment of the impact of fishing diction of other countries),’’. States contributions to global ocean plastic gear loss attributable to foreign countries. (c) TECHNICAL CORRECTIONS.—Section waste. 3(d)(2) of the Marine Debris Act (33 U.S.C. (b) REPORT.—Not later than 18 months 1952(d)(2)) is amended— TITLE II—ENHANCED GLOBAL ENGAGE- after the date of the enactment of this Act, MENT TO COMBAT MARINE DEBRIS (1) in subparagraph (B), by striking ‘‘the the Under Secretary shall submit to Con- matching requirement under subparagraph gress a report on the study conducted under SEC. 201. STATEMENT OF POLICY ON INTER- (A)’’ and inserting ‘‘a matching requirement subsection (a) that includes— NATIONAL COOPERATION TO COM- under subparagraph (A) or (C)’’; and (1) the findings of the National Academies; BAT MARINE DEBRIS. (2) in subparagraph (C), in the matter pre- (2) recommendations on knowledge gaps It is the policy of the United States to ceding clause (i), by striking ‘‘Notwith- that warrant further scientific inquiry; and partner, consult, and coordinate with foreign standing subparagraph (A)’’ and inserting (3) recommendations on the potential governments (at the national and sub- ‘‘Notwithstanding subparagraph (A) and ex- value of a national marine debris tracking national levels), civil society, international cept as provided in subparagraph (B)’’. and monitoring system and how such a sys- organizations, international financial insti- SEC. 135. MARINE DEBRIS ON NATIONAL FOREST tem might be designed and implemented. tutions, subnational coastal communities, SYSTEM LAND. SEC. 144. STUDY ON MASS BALANCE METH- commercial and recreational fishing indus- (a) SPECIAL-USE AUTHORIZATION.—The Sec- ODOLOGIES TO CERTIFY CIRCULAR try leaders, and the private sector, in a con- retary of Agriculture (referred to in this sec- POLYMERS. certed effort— tion as the ‘‘Secretary’’) shall not require a (a) IN GENERAL.—The National Institute of (1) to increase knowledge and raise aware- volunteer organization to obtain a special- Standards and Technology shall conduct a ness about— use authorization for the removal of any ma- study of available mass balance methodolo- (A) the linkages between the sources of rine debris being stored on National Forest gies that are or could be readily standardized plastic waste, mismanaged waste and post- System land. to certify circular polymers. (b) TEMPORARY STORAGE.—Marine debris (b) REPORT.—Not later than 1 year after consumer materials, and marine debris; and may be stored on National Forest System the date of enactment of this Act, the Insti- (B) the upstream and downstream causes land in a location determined by the Sec- tute shall submit to Congress a report on the and effects of plastic waste, mismanaged retary for a period of not more than to 90 study conducted under subsection (a) that waste and post-consumer materials, and ma- days, which may be extended in 90-day incre- includes— rine debris on marine environments, marine ments with approval by the relevant U.S. (1) an identification and assessment of ex- wildlife, human health, and economic devel- Forest Service District Ranger. isting mass balance methodologies, stand- opment; (c) REQUIREMENTS.—Except as otherwise ards, and certification systems that are or (2) to support— provided in this section, any activities re- may be applicable to supply chain sustain- (A) strengthening systems for reducing the lated to the removal of marine debris from ability of polymers, considering the full life generation of plastic waste and recovering, National Forest System land shall be con- cycle of the polymer, and including an exam- managing, reusing, and recycling plastic ducted in a manner consistent with applica- ination of— waste, marine debris, and microfiber pollu- ble law and regulations and subject to such (A) the International Sustainability and tion in the world’s oceans, emphasizing up- reasonable terms and conditions as the Sec- Carbon Certification; and stream post-consumer materials manage- retary may require. (B) the Roundtable on Sustainable Bio- ment solutions— Subtitle D—Studies and Reports materials; and (i) to decrease plastic waste at its source; SEC. 141. REPORT ON OPPORTUNITIES FOR INNO- (2) an assessment of any legal or regu- and VATIVE USES OF PLASTIC WASTE. latory barriers to developing a standard and (ii) to prevent leakage of plastic waste into Not later than 2 years after the date of en- certification system for circular polymers. the environment; actment of this Act, the Interagency Marine (c) DEFINITIONS.—In this section: (B) advancing the utilization and avail- Debris Coordinating Committee shall submit (1) CIRCULAR POLYMERS.—The term ‘‘cir- ability of safe and affordable reusable alter- to Congress a report on innovative uses for cular polymers’’ means polymers that can be natives to disposable plastic products in plastic waste in consumer products. reused multiple times or converted into a commerce, to the extent practicable, and SEC. 142. REPORT ON MICROFIBER POLLUTION. new, higher-quality product. with consideration for the potential impacts Not later than 2 years after the date of the (2) MASS BALANCE METHODOLOGY.—The of such alternatives, and other efforts to pre- enactment of this Act, the Interagency Ma- term ‘‘mass balance methodology’’ means vent marine debris;

VerDate Sep 11 2014 03:28 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\A09JA6.036 S09JAPT1 SSpencer on DSKBBXCHB2PROD with SENATE S144 CONGRESSIONAL RECORD — SENATE January 9, 2020 (C) deployment of and access to advanced sumer materials management best practices United States representatives to appropriate technologies to capture value from post-con- in foreign countries by— international bodies and conferences (includ- sumer materials and municipal solid waste (i) maximizing the number of people and ing the United Nations Environment Pro- streams through mechanical and other recy- businesses, in both rural and urban commu- gramme, the Association of Southeast Asian cling systems; nities, receiving reliable solid waste and Nations, the Asia Pacific Economic Coopera- (D) access to information on best practices post-consumer materials management serv- tion, the Group of 7, the Group of 20, the Or- in post-consumer materials management, op- ices; tions for post-consumer materials manage- (ii) improving and expanding the capacity ganization for Economic Co-Operation and ment systems financing, and options for par- of foreign industries to responsibly employ Development (OECD), and the Our Ocean ticipating in public-private partnerships; and post-consumer materials management prac- Conference) to use the voice, vote, and influ- (E) implementation of management meas- tices; ence of the United States, consistent with ures to reduce derelict fishing gear, the loss (iii) improving and expanding the capacity the broad foreign policy goals of the United of fishing gear, and other sources of pollu- and transparency of tracking mechanisms States, to advocate that each such body— tion generated from marine activities and to for marine debris to reduce the impacts on (1) commit to significantly increasing ef- increase proper disposal and recycling of the marine environment; forts to promote investment in well-designed fishing gear; and (iv) eliminating incentives that undermine post-consumer materials management and (3) to work cooperatively with inter- responsible post-consumer materials man- plastic waste elimination and mitigation national partners— agement practices and lead to improper (A) on establishing— projects and services that increase access to waste disposal practices and leakage; safe post-consumer materials management (i) measurable targets for reducing marine (v) building the capacity of countries— and mitigation services, in partnership with debris, lost fishing gear, and plastic waste (I) to reduce, monitor, regulate, and man- the private sector and consistent with the from all sources; and age waste, post-consumer materials and plas- constraints of other countries; (ii) action plans to achieve those targets tic waste, and pollution appropriately and with a mechanism to provide regular report- transparently, including imports of plastic (2) address the post-consumer materials ing; waste from the United States and other management needs of individuals and com- (B) to promote consumer education, aware- countries; munities where access to municipal post- ness, and outreach to prevent marine debris; (II) to encourage private investment in consumer materials management services is (C) to reduce marine debris by improving post-consumer materials management and historically impractical or cost-prohibitive; advance planning for marine debris events reduction; and (3) enhance coordination with the private and responses to such events; and (III) to encourage private investment, grow sector— (D) to share best practices in post-con- opportunities, and develop markets for recy- (A) to increase access to solid waste and sumer materials management systems to clable, reusable, and repurposed plastic post-consumer materials management serv- prevent the entry of plastic waste into the waste and post-consumer materials, and ices; environment. products with high levels of recycled plastic (B) to utilize safe and affordable reusable SEC. 202. PRIORITIZATION OF EFFORTS AND AS- content, at both national and local levels; alternatives to disposable plastic products, SISTANCE TO COMBAT MARINE DE- and BRIS AND IMPROVE PLASTIC WASTE to the extent practicable; MANAGEMENT. (vi) promoting safe and affordable reusable (C) to encourage and incentivize the use of (a) IN GENERAL.—The Secretary of State alternatives to disposable plastic products, recycled content; and shall, in coordination with the Adminis- to the extent practicable; and (D) to grow economic opportunities and de- trator of the United States Agency for Inter- (D) to research, identify, and facilitate op- velop markets for recyclable, reusable, and portunities to promote collection and proper national Development, as appropriate, and repurposed plastic waste materials and other disposal of damaged or derelict fishing gear. the officials specified in subsection (b)— efforts that support the circular economy; (b) OFFICIALS SPECIFIED.—The officials (1) lead and coordinate efforts to imple- (4) provide technical assistance to foreign ment the policy described in section 201; and specified in this subsection are the following: (1) The United States Trade Representa- regulatory authorities and governments to (2) develop strategies and implement pro- remove unnecessary barriers to investment grams that prioritize engagement and co- tive. in otherwise commercially-viable projects operation with foreign governments, sub- (2) The Under Secretary. related to— national and local stakeholders, and the pri- (3) The EPA Administrator. (A) post-consumer materials management; vate sector to expedite efforts and assistance (4) The Director of the Trade and Develop- in foreign countries— ment Agency. (B) the use of safe and affordable reusable (A) to partner with, encourage, advise and (5) The President and the Board of Direc- alternatives to disposable plastic products; facilitate national and subnational govern- tors of the Overseas Private Investment Cor- or ments on the development and execution, poration or the Chief Executive Officer and (C) beneficial reuse of solid waste, plastic where practicable, of national projects, pro- the Board of Directors of the United States waste, post-consumer materials, plastic grams and initiatives to— International Development Finance Corpora- products, and refuse; (i) improve the capacity, security, and tion, as appropriate. (5) use clear, accountable, and metric- standards of operations of post-consumer (6) The Chief Executive Officer and the based targets to measure the effectiveness of materials management systems; Board of Directors of the Millennium Chal- such projects; and (ii) monitor and track how well post-con- lenge Corporation. (6) engage international partners in an ex- sumer materials management systems are (7) The heads of such other agencies as the isting multilateral forum (or, if necessary, functioning nationwide, based on uniform Secretary of State considers appropriate. establish through an international agree- (c) PRIORITIZATION.—In carrying out sub- and transparent standards developed in co- section (a), the officials specified in sub- ment a new multilateral forum) to improve operation with municipal, industrial, and section (b) shall prioritize assistance to global cooperation on— civil society stakeholders; countries with, and regional organizations in (A) creating tangible metrics for evalu- (iii) identify the operational challenges of regions with— ating efforts to reduce plastic waste and ma- post-consumer materials management sys- (1) rapidly developing economies; and rine debris; tems and develop policy and programmatic (2) rivers and coastal areas that are the (B) developing and implementing best solutions; most severe sources of marine debris, as practices at the national and subnational (iv) end intentional or unintentional incen- identified by the best available science. levels of foreign countries, particularly tives for municipalities, industries, and indi- (d) EFFECTIVENESS MEASUREMENT.—In countries with little to no solid waste or viduals to improperly dispose of plastic prioritizing and expediting efforts and assist- post-consumer materials management sys- waste; and ance under this section, the officials speci- tems, facilities, or policies in place for— (v) conduct outreach campaigns to raise fied in subsection (b) shall use clear, ac- (i) collecting, disposing, recycling, and public awareness of the importance of proper countable, and metric-based targets to meas- reusing plastic waste and post-consumer ma- waste disposal and the reduction of plastic ure the effectiveness of guarantees and as- terials, including building capacity for im- waste; sistance in achieving the policy described in (B) to facilitate the involvement of mu- proving post-consumer materials manage- section 201. ment; and nicipalities and industries in improving solid (e) RULE OF CONSTRUCTION.—Nothing in (ii) integrating alternatives to disposable waste reduction, collection, disposal, and this section may be construed to authorize reuse and recycling projects, programs, and the modification of or the imposition of lim- plastic products, to the extent practicable; initiatives; its on the portfolios of any agency or institu- (C) encouraging the development of stand- (C) to partner with and provide technical tion led by an official specified in subsection ards and practices, and increasing recycled assistance to investors, and national and (b). content percentage requirements for dispos- local institutions, including private sector SEC. 203. UNITED STATES LEADERSHIP IN INTER- able plastic products; actors, to develop new business opportunities NATIONAL FORA. (D) integrating tracking and monitoring and solutions to specifically reduce plastic In implementing the policy described in systems into post-consumer materials man- waste and expand solid waste and post-con- section 201, the President shall direct the agement systems;

VerDate Sep 11 2014 03:28 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\A09JA6.036 S09JAPT1 SSpencer on DSKBBXCHB2PROD with SENATE January 9, 2020 CONGRESSIONAL RECORD — SENATE S145 (E) fostering research to improve scientific plastic waste and other solid waste from that (A) reducing waste upstream and at the understanding of— country that impact the marine and aquatic source of the waste, including anti-litter ini- (i) how microfibers and microplastics may environment. tiatives; affect marine ecosystems, human health and TITLE III—IMPROVING DOMESTIC INFRA- (B) developing effective post-consumer ma- safety, and maritime activities; STRUCTURE TO PREVENT MARINE DE- terials management provisions in (ii) changes in the amount and regional BRIS stormwater management plans; concentrations of plastic waste in the ocean, SEC. 301. STRATEGY FOR IMPROVING POST-CON- (C) capturing post-consumer materials at based on scientific modeling and forecasting; SUMER MATERIALS MANAGEMENT stormwater inlets, at stormwater outfalls, or (iii) the role rivers, streams, and other in- AND WATER MANAGEMENT. in bodies of water; land waterways play in serving as conduits (a) IN GENERAL.—Not later than 1 year (D) providing education and outreach re- for mismanaged waste traveling from land to after the date of enactment of this Act, the lating to post-consumer materials movement the ocean; EPA Administrator shall, in consultation and reduction; (iv) effective means to eliminate present with stakeholders, develop a strategy to im- (E) monitoring or modeling post-consumer and future leakages of plastic waste into the prove post-consumer materials management material flows and the reduction of post-con- environment; and and infrastructure for the purpose of reduc- sumer materials resulting from the imple- ing plastic waste and other post-consumer (v) other related areas of research the mentation of best management practices; materials in waterways and oceans. United States representatives deem nec- and (b) RELEASE.—On development of the strat- essary; (F) incentives for manufacturers to design (F) encouraging the World Bank and other egy under subsection (a), the EPA Adminis- packaging and consumer goods that can international finance organizations to trator shall— more easily be reused, recycled, repurposed, prioritize efforts to reduce plastic waste and (1) distribute the strategy to States; and or otherwise removed from the waste stream combat marine debris; (2) make the strategy publicly available after their initial use. (G) collaborating on technological ad- for use by— vances in post-consumer materials manage- (A) for-profit private entities involved in SEC. 303. GRANT PROGRAMS. ment and recycled plastics; post-consumer materials management; and (H) growing economic opportunities and (B) other nongovernmental entities. (a) POST-CONSUMER MATERIALS MANAGE- developing markets for recyclable, reusable, SEC. 302. SENSE OF THE SENATE FOR ISSUES TO MENT INFRASTRUCTURE GRANT PROGRAM.— and repurposed plastic waste and post-con- BE INCLUDED IN STRATEGY FOR (1) IN GENERAL.—The EPA Administrator sumer materials and other efforts that sup- POST-CONSUMER MATERIALS MAN- may provide grants to States, as defined in AGEMENT AND WATER MANAGE- port the circular economy; and section 2, to implement the strategy devel- MENT. oped under section 301(a) and— (I) advising foreign countries, at both the It is the sense of the Senate that the strat- (A) to support improvements to local post- national and subnational levels, on the de- egy under section 301 should address, for the consumer materials management, including velopment and execution of regulatory poli- purpose of reducing plastic waste and other cies, services, including recycling and reuse post-consumer materials in waterways and municipal recycling programs; of plastic, and laws pertaining to reducing oceans— (B) to assist local waste management au- the creation and the collection and safe man- (1) the harmonization of post-consumer thorities in making improvements to local agement of— materials management protocols, includ- waste management systems; (i) solid waste; ing— (C) to deploy waste interceptor tech- (ii) post-consumer materials; (A) an evaluation of waste streams to de- nologies, such as ‘‘trash wheels’’ and litter (iii) plastic waste; and termine which waste streams are most likely traps, to manage the collection and cleanup (iv) marine debris. to become marine debris; and of aggregated waste from waterways; and SEC. 204. ENHANCING INTERNATIONAL OUT- (B) a determination of how to reduce the (D) for such other purposes as the EPA Ad- REACH AND PARTNERSHIP OF generation of products that contribute to ministrator determines to be appropriate. UNITED STATES AGENCIES IN- those waste streams; (2) APPLICATIONS.—To be eligible to receive VOLVED IN MARINE DEBRIS ACTIVI- a grant under paragraph (1), the applicant TIES. (2) best practices for the collection of post- State shall submit to the EPA Adminis- (a) FINDINGS.—Congress recognizes the suc- consumer recyclables; cess of the marine debris program of the Na- (3) improved quality and sorting of post- trator an application at such time, in such tional Oceanic and Atmospheric Administra- consumer recyclable materials through op- manner, and containing such information as tion and the Trash-Free Waters program of portunities such as— the EPA Administrator may require. the Environmental Protection Agency. (A) education and awareness programs; (3) CONTENTS OF APPLICATIONS.—In devel- (b) AUTHORIZATION OF EFFORTS TO BUILD (B) improved infrastructure, including new oping application requirements, the EPA Ad- FOREIGN PARTNERSHIPS.—The Under Sec- equipment and innovative technologies for ministrator shall consider requesting that a retary and the EPA Administrator shall processing of recyclable materials; State applicant provide— work with the Secretary of State and the (C) enhanced markets for recycled mate- (A) a description of— Administrator of the United States Agency rial; and (i) the project or projects to be carried out for International Development to build part- (D) standardized measurements; by entities receiving the grant; and nerships, as appropriate, with the govern- (4) increasing capacity, where practicable, (ii) how the project or projects would re- ments of foreign countries and to support for more types of plastic (including plastic sult in the generation of less plastic waste; international efforts to combat marine de- films) and other materials to be reduced, col- (B) a description of how the funds will sup- bris. lected, processed, and recycled or repurposed port disadvantaged communities; and SEC. 205. NEGOTIATION OF NEW INTERNATIONAL into usable materials or products; (C) an explanation of any limitations, such AGREEMENTS. (5) the development of new strategies and as flow control measures, that restrict ac- Not later than 1 year after the date of the programs that prioritize engagement and co- cess to reusable or recyclable materials. enactment of this Act, the Secretary of operation with States and the private sector (4) REPORT TO CONGRESS.—Not later than State shall submit to Congress a report— to expedite efforts and assistance for States January 1, 2023, the EPA Administrator shall (1) assessing the potential for negotiating to partner with, encourage, advise, and fa- submit to the Committee on Environment new international agreements or creating a cilitate the development and execution, and Public Works of the Senate and the new international forum to reduce land- where practicable, of projects, programs, and Committee on Transportation and Infra- based sources of marine debris and derelict initiatives— structure of the House of Representatives a fishing gear, consistent with section 203; (A) to improve operations for post-con- report that includes— (2) describing the provisions that could be sumer materials management and reduce the (A) a description of the activities carried included in such agreements; and generation of plastic waste; out under this subsection; (3) assessing potential parties to such (B) to monitor how well post-consumer ma- (B) estimates as to how much plastic waste agreements. terials management entities are functioning; was prevented from entering the oceans and SEC. 206. CONSIDERATION OF MARINE DEBRIS IN (C)(i) to identify the operational chal- other waterways as a result of activities NEGOTIATING INTERNATIONAL lenges of post-consumer materials manage- funded by the grant; and AGREEMENTS. ment; and (C) a recommendation on the utility of In negotiating any relevant international (ii) to develop policy and programmatic so- evolving the grant program into a new waste agreement with any country or countries lutions to those challenges; and management State revolving fund. after the date of the enactment of this Act, (D) to end intentional and unintentional the President shall, as appropriate— incentives to improperly dispose of post-con- (b) DRINKING WATER INFRASTRUCTURE (1) consider the impact of land-based sumer materials; GRANTS.— sources of plastic waste and other solid (6) strengthening markets for products (1) IN GENERAL.—The EPA Administrator waste from that country on the marine and with high levels of recycled plastic content; may provide competitive grants to units of aquatic environment; and and local government, including units of local (2) ensure that the agreement strengthens (7) the consideration of complementary ac- government that own treatment works (as efforts to eliminate land-based sources of tivities, such as— defined in section 212 of the Federal Water

VerDate Sep 11 2014 03:28 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A09JA6.036 S09JAPT1 SSpencer on DSKBBXCHB2PROD with SENATE S146 CONGRESSIONAL RECORD — SENATE January 9, 2020 Pollution Control Act (33 U.S.C. 1292)), In- App.) and section 3145 of title 40, United addressed with respect to ensuring human dian Tribes, and public water systems (as de- States Code. and animal health and safety from the use of fined in section 1401 of the Safe Drinking (f) LIMITATION ON USE OF FUNDS.—A grant plastic waste in infrastructure. Water Act (42 U.S.C. 300f)), as applicable, to under this section may not be used (directly EPORT REQUIRED.—Not later than 2 or indirectly) as a source of payment (in (b) R support improvements in reducing and re- years after the date of enactment of this Act moving plastic waste and post-consumer ma- whole or in part) of, or security for, an obli- gation the interest on which is excluded and subject to the availability of appropria- terials, including microplastics and micro- tions, the Secretary and the EPA Adminis- fibers, from drinking water, including plan- from gross income under section 103 of the trator shall submit to Congress a report on ning, design, construction, technical assist- Internal Revenue Code of 1986. the study conducted under subsection (a). ance, and planning support for operational (g) AUTHORIZATION OF APPROPRIATIONS.— (1) IN GENERAL.—Subject to paragraph (2), adjustments. SEC. 305. STUDY ON EFFECTS OF MICROPLASTICS there are authorized to be appropriated— (2) APPLICATIONS.—To be eligible to receive IN FOOD SUPPLIES AND SOURCES a grant under paragraph (1), an applicant (A) for the program described subsection OF DRINKING WATER. (a), $55,000,000 for each of fiscal years 2021 shall submit to the EPA Administrator an (a) IN GENERAL.—The EPA Administrator, application at such time, in such manner, through 2025; and (B) for each of the programs described sub- in consultation with the Under Secretary, and containing such information as the EPA sections (b), (c), and (d), $10,000,000 for each shall seek to enter into an arrangement with Administrator may require. of fiscal years 2021 through 2025. the National Academies of Sciences, Engi- (c) WASTEWATER INFRASTRUCTURE (2) NO IMPACT ON OTHER FEDERAL FUNDS.— neering, and Medicine under which the Na- GRANTS.— (A) IN GENERAL.—No funds shall be made tional Academies will conduct a human (1) IN GENERAL.—The EPA Administrator available under paragraph (1) to carry out health and environmental risk assessment may provide grants to units of local govern- subsections (b) and (c) in a fiscal year if the on microplastics, including microfibers, in ment, including units of local government total amount made available to carry out food supplies and sources of drinking water. that own treatment works (as defined in sec- the programs described in subparagraph (B) tion 212 of the Federal Water Pollution Con- (b) REPORT REQUIRED.—Not later than 2 for that fiscal year is less than the total years after the date of enactment of this trol Act (33 U.S.C. 1292)), Indian Tribes, and amount made available to carry out the pro- public water systems (as defined in section Act, the EPA Administrator shall submit to grams described in subparagraph (B) for fis- Congress a report on the study conducted 1401 of the Safe Drinking Water Act (42 cal year 2019. U.S.C. 300f)), as applicable, to support im- under subsection (a) that includes— (B) PROGRAMS DESCRIBED.—The programs (1) a science-based definition of ‘‘micro- provements in reducing and removing plastic referred to in subparagraph (A) are— waste and post-consumer materials, includ- plastics’’ that can be adopted in federally (i) State drinking water treatment revolv- supported monitoring and future assess- ing microplastics and microfibers, from ing loan funds established under section 1452 wastewater. ments supported or conducted by a Federal of the Safe Drinking Water Act (42 U.S.C. agency; (2) APPLICATIONS.—To be eligible to receive 300j–12); a grant under paragraph (1), an applicant (2) recommendations for standardized mon- (ii) programs for assistance for small and itoring, testing, and other necessary proto- shall submit to the EPA Administrator an disadvantaged communities under sub- application at such time, in such manner, cols relating to microplastics; sections (a) through (j) of section 1459A of (3)(A) an assessment of whether microplas- and containing such information as the EPA the Safe Drinking Water Act (42 U.S.C. 300j– Administrator may require. tics are currently present in the food sup- 19a); and plies and sources of drinking water of United (d) TRASH-FREE WATERS GRANTS.— (iii) State water pollution control revolv- States consumers; and (1) IN GENERAL.—The EPA Administrator ing funds established under title VI of the may provide grants to units of local govern- (B) if the assessment under subparagraph Federal Water Pollution Control Act (33 (A) is positive— ment, Indian Tribes, and nonprofit organiza- U.S.C. 1381 et seq.). tions— (i) the extent to which microplastics are SEC. 304. STUDY ON REPURPOSING PLASTIC present in the food supplies and sources of (A) to support projects to reduce the quan- WASTE IN INFRASTRUCTURE. tity of solid waste in bodies of water by re- drinking water; and (a) IN GENERAL.—The Secretary of Trans- (ii) an assessment of the type, source, prev- ducing the quantity of waste at the source, portation (referred to in this section as the including through anti-litter initiatives; alence, and risk of microplastics in the food ‘‘Secretary’’) and the EPA Administrator supplies and sources of drinking water; (B) to enforce local post-consumer mate- shall jointly enter into an arrangement with (4) an assessment of the risk posed, if any, rials management ordinances; the National Academies of Sciences, Engi- by the presence of microplastics in the food (C) to implement State or local policies re- neering, and Medicine under which the Na- supplies and sources of drinking water of lating to solid waste; tional Academies will— United States consumers that includes— (D) to capture post-consumer materials at (1) conduct a study on the uses of plastic (A) an identification of the most signifi- stormwater inlets, at stormwater outfalls, or waste in infrastructure; and cant sources of those microplastics; and in bodies of water; (2) as part of the study under paragraph (B) a review of the best available science to (E) to provide education and outreach (1)— determine any potential hazards of micro- about post-consumer materials movement (A) identify domestic and international ex- plastics in the food supplies and sources of and reduction; and amples of— drinking water of United States consumers; (F) to monitor or model flows of post-con- (i) the use of plastic waste materials de- and sumer materials, including monitoring or scribed in that paragraph; (5) a measurement of— modeling a reduction in trash as a result of (ii) infrastructure projects in which the use (A) the quantity of environmental chemi- the implementation of best management of plastic waste has been applied; and cals that absorb to microplastics; and practices for the reduction of plastic waste (iii) projects in which the use of plastic (B) the quantity described in subparagraph and other post-consumer materials in waste has been incorporated into or with (A) that would be available for human expo- sources of drinking water. other infrastructure materials; sure through food supplies or sources of (2) APPLICATIONS.—To be eligible to receive (B) assess— drinking water. a grant under paragraph (1), an applicant (i) the effectiveness and utility of the uses shall submit to the EPA Administrator an of plastic waste described in that paragraph; SEC. 306. REPORT ON ELIMINATING BARRIERS TO application at such time, in such manner, (ii) the extent to which plastic waste mate- INCREASE THE COLLECTION OF RE- and containing such information as the EPA rials are consistent with recognized speci- CYCLABLE MATERIALS. Administrator may require. fications for infrastructure construction and Not later than 1 year after the date of en- (e) APPLICABILITY OF FEDERAL LAW.— other recognized standards; actment of this Act, the EPA Administrator (1) IN GENERAL.—The EPA Administrator (iii) relevant impacts of plastic waste ma- shall submit to Congress a report describ- shall ensure that all laborers and mechanics terials compared to non-waste plastic mate- ing— employed on projects funded directly, or as- rials; (1) the economic, educational, techno- sisted in whole or in part, by a grant estab- (iv) the health, safety, and environmental logical, resource availability, legal, or other lished by this section shall be paid wages at impacts of— barriers to increasing the collection, proc- rates not less than those prevailing on (I) plastic waste on humans and animals; essing, and use of recyclable materials; and projects of a character similar in the local- and (2) recommendations to overcome the bar- ity as determined by the Secretary of Labor (II) the increased use of plastic waste for riers described under paragraph (1). in accordance with subchapter IV of chapter infrastructure; 31 of part A of subtitle II of title 40, United (v) the ability of plastic waste infrastruc- SEC. 307. REPORT ON ECONOMIC INCENTIVES TO States Code. ture to withstand natural disasters, extreme SPUR DEVELOPMENT OF NEW END- USE MARKETS FOR RECYCLED PLAS- (2) AUTHORITY.—With respect to the labor weather events, and other hazards; and TICS. standards specified in paragraph (1), the Sec- (vi) plastic waste in infrastructure through retary of Labor shall have the authority and an economic analysis; and Not later than 1 year after the date of en- functions set forth in Reorganization Plan (C) make recommendations with respect to actment of this Act, the EPA Administrator Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. what standards or matters may need to be shall submit to Congress a report describing

VerDate Sep 11 2014 03:28 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A09JA6.036 S09JAPT1 SSpencer on DSKBBXCHB2PROD with SENATE January 9, 2020 CONGRESSIONAL RECORD — SENATE S147 the most efficient and effective economic in- UNITED STATES PUBLIC HEALTH ‘‘(19) Chapter 1223, Retired Pay for Non-Reg- centives to spur the development of addi- SERVICE MODERNIZATION ACT ular Service. tional new end-use markets for recyclable OF 2019 ‘‘(20) Section 12601, Compensation: Reserve on plastics (including plastic film), including active duty accepting from any person. the use of increased recycled content by Mr. MCCONNELL. Mr. President, I ‘‘(21) Section 12684, Reserves: separation for manufacturers in the production of plastic ask unanimous consent that the Sen- absence without authority or sentence to impris- goods and packaging. ate proceed to the immediate consider- onment.’’; and SEC. 308. REPORT ON MINIMIZING THE CRE- ation of Calendar No. 289, S. 2629. (2) in subsection (b)— ATION OF NEW PLASTIC WASTE. The PRESIDING OFFICER. The (A) by striking ‘‘Secretary of Health, Edu- cation, and Welfare or his designee’’ and insert- (a) IN GENERAL.—The EPA Administrator, clerk will report the bill by title. in coordination with the Interagency Marine ing ‘‘Secretary of Health and Human Services or The senior assistant legislative clerk the designee of such secretary’’; Debris Coordinating Committee and the Na- read as follows: tional Institute of Standards and Tech- (B) by striking ‘‘(b) The authority vested’’ nology, shall conduct a study on minimizing A bill (S. 2629) to amend the Public Health and inserting the following: the creation of new plastic waste. Service Act with respect to the Public ‘‘(b)(1) The authority vested’’; (C) by striking ‘‘For purposes of’’ and insert- (b) REPORT.—Not later than 2 years after Health Service Corps. ing the following: the date of enactment of this Act, the EPA There being no objection, the Senate ‘‘(2) For purposes of’’; and Administrator shall submit to Congress a re- proceeded to consider the bill, which (D) by adding at the end the following: port on the study conducted under sub- had been reported from the Committee ‘‘(3) For purposes of paragraph (19) of sub- section (a) that includes— on Health, Education, Labor, and Pen- section (a), the terms ‘Military department’, (1) an estimate of the current and pro- sions, with an amendment to strike all ‘Secretary concerned’, and ‘Armed forces’ in jected United States consumption of plas- such title 10 shall be deemed to include, respec- tics, by type of plastic, including consumer after the enacting clause and insert in lieu thereof the following: tively, the Department of Health and Human food products; Services, the Secretary of Health and Human SECTION 1. SHORT TITLE. (2) an estimate of the environmental ef- Services, and the Commissioned Corps.’’. This Act may be cited as the ‘‘United States fects and impacts of plastic use in relation to (e) TECHNICAL AMENDMENTS.—Title II of the other materials; Public Health Service Modernization Act of Public Health Service Act (42 U.S.C. 202 et seq.) (3) an estimate of current and projected fu- 2019’’. is amended— ture recycling rates of plastics, by type of SEC. 2. AMENDMENTS. (1) in sections 204 and 207(c), by striking plastic; (a) COMMISSIONED CORPS AND READY RESERVE ‘‘Regular or Reserve Corps’’ each place it ap- (4) an assessment of opportunities to mini- CORPS.—Section 203 of the Public Health Service pears and inserting ‘‘Regular Corps or Ready mize the creation of new plastic waste, in- Act (42 U.S.C. 204) is amended— Reserve Corps’’; cluding consumer food products, by reducing, (1) in subsection (a)(1), by striking ‘‘a Ready (2) in section 208(a), by striking ‘‘Regular and recycling, reusing, refilling, refurbishing, or Reserve Corps for service in time of national Reserve Corps’’ each place it appears and in- capturing plastic that would otherwise be emergency’’ and inserting ‘‘, for service in time serting ‘‘Regular Corps and Ready Reserve part of a waste stream; and of a public health or national emergency, a Corps’’; and (5) an assessment of what recycled content Ready Reserve Corps’’; and (3) in section 205(c), 206(c), 210, and 219, and standards for plastic are technologically and (2) in subsection (c)— in subsections (a), (b), and (d) of section 207, by economically feasible, and the impact of the (A) in the heading, by striking ‘‘RESEARCH’’ striking ‘‘Reserve Corps’’ each place it appears standards on recycling rates. and inserting ‘‘RESERVE CORPS’’; and inserting ‘‘Ready Reserve Corps’’. (B) in paragraph (1), by inserting ‘‘during Mr. MCCONNELL. Mr. President, I f public health or national emergencies’’ before the period; ask unanimous consent that the com- (C) in paragraph (2)— mittee-reported amendment be agreed AUTHORITY FOR COMMITTEES TO (i) in the matter preceding subparagraph (A), to and the bill, as amended, be consid- MEET by inserting ‘‘, consistent with paragraph (1)’’ ered read a third time. after ‘‘shall’’; Mr. MCCONNELL. Mr. President, I The PRESIDING OFFICER. Without (ii) in subparagraph (C), by inserting ‘‘during objection, it is so ordered. have 2 requests for committees to meet such emergencies’’ after ‘‘members’’; and during today’s session of the Senate. (iii) in subparagraph (D), by inserting ‘‘, con- The committee-reported amendment, They have the approval of the Majority sistent with subparagraph (C)’’ before the pe- in the nature of a substitute, was and Minority leaders. riod; and agreed to. Pursuant to rule XXVI, paragraph (D) by adding at the end the following: The bill was ordered to be engrossed 5(a), of the Standing Rules of the Sen- ‘‘(3) STATUTORY REFERENCES TO RESERVE.—A for a third reading and was read the reference in any Federal statute, except in the third time. ate, the following committees are au- case of subsection (b), to the ‘Reserve Corps’ of thorized to meet during today’s session Mr. MCCONNELL. Mr. President, I the Public Health Service or to the ‘reserve’ of know of no further debate on the bill, of the Senate: the Public Health Service shall be deemed to be as amended. COMMITTEE ON THE JUDICIARY a reference to the Ready Reserve Corps.’’. The PRESIDING OFFICER. If there The Committee on the Judiciary is (b) DEPLOYMENT READINESS.—Section is no further debate, the bill having authorized to meet during the session 203A(a)(1)(B) of the Public Health Service Act (42 U.S.C. 204a(a)(1)(B)) is amended by striking been read the third time, the question of the Senate on Thursday, January 9, ‘‘Active Reserves’’ and inserting ‘‘Ready Re- is, Shall the bill pass? 2020, at 10 a.m., to conduct a hearing on serve Corps’’. The bill (S. 2629), as amended, was the following nominations: Andrew (c) RETIREMENT OF COMMISSIONED OFFI- passed. Lynn Brasher, of Alabama, to be CERS.—Section 211 of the Public Health Service Mr. MCCONNELL. Mr. President, I United States Circuit Judge for the Act (42 U.S.C. 212) is amended— (1) by striking ‘‘the Service’’ each place it ap- ask unanimous consent that the mo- Eleventh Circuit, John Charles tion to reconsider be considered made Hinderaker, and Scott H. Rash, both to pears and inserting ‘‘the Regular Corps’’; (2) in subsection (a)(4), by striking ‘‘(in the and laid upon the table. be a United States District Judge for case of an officer in the Reserve Corps)’’; The PRESIDING OFFICER. Without the District of Arizona, Joshua M. Kin- (3) in subsection (c)— objection, it is so ordered. dred, to be United States District (A) in paragraph (1)— f Judge for the District of Alaska, Mat- (i) by striking ‘‘or an officer of the Reserve thew Thomas Schelp, to be United Corps’’; and RENAMING THE OYSTER BAY NA- States District Judge for the Eastern (ii) by inserting ‘‘or under section 221(a)(19)’’ TIONAL WILDLIFE REFUGE AS District of Missouri, and Stephen A. after ‘‘subsection (a)’’; and THE CONGRESSMAN LESTER (B) in paragraph (2), by striking ‘‘Regular or Vaden, of Tennessee, to be a Judge of Reserve Corps’’ and inserting ‘‘Regular Corps or WOLFF OYSTER BAY NATIONAL the United States Court of Inter- Ready Reserve Corps’’; and WILDLIFE REFUGE national Trade. (4) in subsection (f), by striking ‘‘the Regular Mr. MCCONNELL. Mr. President, I SELECT COMMITTEE ON INTELLIGENCE or Reserve Corps of’’. ask unanimous consent that the Com- The Select Committee on Intel- (d) RIGHTS, PRIVILEGES, ETC. OF OFFICERS AND mittee on Environment and Public SURVIVING BENEFICIARIES.—Section 221 of the ligence is authorized to meet during Public Health Service Act (42 U.S.C. 213a) is Works be discharged from further con- the session of the Senate on Thursday, amended— sideration of H.R. 263 and the Senate January 9, 2020, at 2 p.m., to conduct a (1) in subsection (a), by adding at the end the proceed to its immediate consider- closed hearing. following: ation.

VerDate Sep 11 2014 03:28 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A09JA6.036 S09JAPT1 SSpencer on DSKBBXCHB2PROD with SENATE S148 CONGRESSIONAL RECORD — SENATE January 9, 2020 The PRESIDING OFFICER. Without of six years, beginning on the later of Feb- Mr. MCCONNELL. I ask unanimous objection, it is so ordered. ruary 20, 2020, or the date of the enactment consent that the Barrasso substitute The clerk will report the bill by title. of this joint resolution. amendment be agreed to and the bill, The senior assistant legislative clerk f as amended, be considered read the read as follows: PROVIDING FOR THE APPOINT- third time. A bill (H.R. 263) to rename the Oyster Bay MENT OF DENISE O’LEARY AS A The PRESIDING OFFICER. Without National Wildlife Refuge as the Congressman CITIZEN REGENT OF THE BOARD objection, it is so ordered. Lester Wolff Oyster Bay National Wildlife OF REGENTS OF THE SMITHSO- The amendment (No. 1276), in the na- Refuge. NIAN INSTITUTION ture of a substitute, was agreed to. There being no objection, the com- (The amendment is printed in today’s The joint resolution (S.J. Res. 66) mittee was discharged and the Senate RECORD under ‘‘Text of Amendments.’’) providing for the appointment of proceeded to consider the bill. The bill, as amended, was ordered to Denise O’Leary as a citizen regent of Mr. MCCONNELL. Mr. President, I be engrossed for a third reading and the Board of Regents of the Smithso- ask unanimous consent that the bill be was read the third time. nian Institution, was ordered to be en- considered read a third time. Mr. MCCONNELL. I know of no fur- grossed for a third reading, was read The PRESIDING OFFICER. Without ther debate on the bill, as amended. the third time, and passed, as follows: objection, it is so ordered. The PRESIDING OFFICER. Is there The bill was ordered to a third read- S.J. RES. 66 further debate? ing and was read the third time. Resolved by the Senate and House of Rep- Hearing none, the bill having been resentatives of the United States of America in read the third time, the question is, Mr. MCCONNELL. I know of no fur- Congress assembled, That, in accordance with Shall the bill pass? ther debate on the bill. section 5581 of the Revised Statutes (20 The PRESIDING OFFICER. If there The bill (H.R. 925), as amended, was U.S.C. 43), the vacancy on the Board of Re- passed. is no further debate, the question is, gents of the Smithsonian Institution, in the Mr. MCCONNELL. I ask unanimous Shall the bill pass? class other than Members of Congress, occur- consent that the Barrasso title amend- The bill (H.R. 263) was passed. ring by reason of the resignation of Barbara ment be agreed to and the motions to Mr. MCCONNELL. Mr. President, I M. Barrett of Arizona on October 17, 2019, is reconsider be considered made and laid ask unanimous consent that the mo- filled by the appointment of Denise O’Leary upon the table. tion to reconsider be considered made of Colorado. The appointment is for a term of six years, beginning on the date of the en- The PRESIDING OFFICER. Without and laid upon the table. actment of this joint resolution objection, it is so ordered. The PRESIDING OFFICER. Without f The title amendment (No. 1277) was objection, it is so ordered. agreed to as follows: PROVIDING FOR THE REAPPOINT- f MENT OF RISA LAVIZZO-MOUREY (Purpose: To amend the title) APPOINTMENTS TO THE BOARD OF AS A CITIZEN REGENT OF THE Amend the title so as to read: ‘‘An Act to BOARD OF REGENTS OF THE improve protections for wildlife, and for REGENTS OF THE SMITHSONIAN other purposes.’’. INSTITUTION SMITHSONIAN INSTITUTION f Mr. MCCONNELL. Mr. President, I The joint resolution (S. J. Res. 67) ask unanimous consent that the Sen- providing for the reappointment of SAVE OUR SEAS 2.0 ACT ate proceed to the en bloc consider- Risa Lavizzo-Mourey as a citizen re- Mr. MCCONNELL. Mr. President, I ation of the following Senate joint res- gent of the Board of Regents of the ask unanimous consent that the Com- olutions introduced earlier today: S.J. Smithsonian Institution, was ordered mittee on Commerce, Science, and Res. 65, 66, and 67. to be engrossed for a third reading, was Transportation be discharged from fur- There being no objection, the Senate read the third time, and passed, as fol- ther consideration of S. 1982, and the proceeded to consider the joint resolu- lows: Senate proceed to its immediate con- tions, en bloc. S.J. RES. 67 sideration. Mr. MCCONNELL. I ask unanimous Resolved by the Senate and House of Rep- The PRESIDING OFFICER. Without consent that the joint resolutions be resentatives of the United States of America in objection, it is so ordered. passed and the motions to reconsider Congress assembled, That, in accordance with The clerk will report the bill by title. be considered made and laid upon the section 5581 of the Revised Statutes (20 The senior assistant legislative clerk table, all en bloc. U.S.C. 43), the vacancy on the Board of Re- read as follows: The PRESIDING OFFICER. Without gents of the Smithsonian Institution, in the A bill (S. 1982) to improve efforts to com- class other than Members of Congress, occur- objection, it is so ordered. bat marine debris, and for other purposes. ring by reason of the expiration of the term There being no objection, the com- f of Risa Lavizzo-Mourey of Pennsylvania on February 21, 2020, is filled by the reappoint- mittee was discharged and the Senate PROVIDING FOR THE REAPPOINT- ment of the incumbent. The reappointment proceeded to consider the bill. MENT OF JOHN FAHEY AS A CIT- is for a term of six years, beginning on the Mr. MCCONNELL. Mr. President, I IZEN REGENT OF THE BOARD OF later of February 21, 2020, or the date of en- ask unanimous consent that the Sul- REGENTS OF THE SMITHSONIAN actment of this joint resolution. livan substitute amendment at the INSTITUTION f desk be considered and agreed to, and the bill, as amended, be considered The joint resolution (S.J. Res. 65) NORTH AMERICAN WETLANDS read the third time. providing for the reappointment of CONSERVATION EXTENSION ACT The PRESIDING OFFICER. Without John Fahey as a citizen regent of the Mr. MCCONNELL. Mr. President, I objection, it is so ordered. Board of Regents of the Smithsonian ask unanimous consent that the Sen- The amendment (No. 1278), in the na- Institution, was ordered to be en- ate proceed to the immediate consider- ture of a substitute, was agreed to. grossed for a third reading, was read ation of H.R. 925, which was received (The amendment is printed in today’s the third time, and passed as follows: from the House. RECORD under ‘‘Text of Amendments.’’) S.J. RES. 65 The PRESIDING OFFICER. The The bill, as amended, was ordered to Resolved by the Senate and House of Rep- clerk will report the bill by title. be engrossed for a third reading and resentatives of the United States of America in The senior assistant legislative clerk was read the third time. Congress assembled, That, in accordance with read as follows: Mr. MCCONNELL. I know of no fur- section 5581 of the Revised Statutes (20 A bill (H.R. 925) to extend the authoriza- ther debate on the bill. U.S.C. 43), the vacancy on the Board of Re- tion of appropriations for allocation to carry The PRESIDING OFFICER. Is there gents of the Smithsonian Institution, in the out approved wetlands conservation projects class other than Members of Congress, occur- further debate? under the North American Wetlands Con- ring by reason of the expiration of the term Hearing none, the question is, Shall servation Act through fiscal year 2024. of John Fahey of Massachusetts on February the bill pass? 20, 2020, is filled by the reappointment of the There being no objection, the Senate The bill (S. 1982), as amended, was incumbent. The reappointment is for a term proceeded to consider the bill. passed.

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ANNOUNCEMENT OF THE 2020 CON- program and some assurances of their ability HONORING THE 112TH ANNIVER- GRESS-BUNDESTAG/BUNDESRAT to participate during the time stated. SARY OF ALPHA KAPPA ALPHA EXCHANGE Applications should be sent to the Office of SORORITY Interparliamentary Affairs, HC–4, the Capitol, HON. NANCY PELOSI by 5 p.m. on Wednesday, February 26. Ques- HON. RASHIDA TLAIB OF CALIFORNIA tions may be directed to Ms. Kate Knudson at OF MICHIGAN IN THE HOUSE OF REPRESENTATIVES 202–226–1766. IN THE HOUSE OF REPRESENTATIVES Thursday, January 9, 2020 Thursday, January 9, 2020 f Ms. PELOSI. Madam Speaker, since 1983, Ms. TLAIB. Madam Speaker, I rise today in the U.S. Congress House and Senate and the CONGRATULATIONS TO COACH tribute to Alpha Kappa Alpha Sorority, the old- German Bundestag and Bundesrat have con- MARK ROBERTS est Greek-letter organization established by ducted an annual exchange program for staff African American college-educated women in members from both countries. The program the United States, on its one hundred twelfth gives professional staff the opportunity to ob- HON. JOE NEGUSE anniversary. serve and learn about each other’s political in- Founded in 1908 on the campus of Howard stitutions and interact on issues of mutual in- OF COLORADO University in Washington, D.C., Alpha Kappa terest. IN THE HOUSE OF REPRESENTATIVES Alpha’s sisterhood has grown to more than A staff delegation from the U.S. Congress one thousand chapters worldwide with more will be selected to visit Germany from Friday, Thursday, January 9, 2020 than seventy-five thousand members strong. May 22–Sunday, May 31, 2020. During this Michigan alone is home to more than thirty exchange, the delegation will attend meetings Mr. NEGUSE. Madam Speaker, as a source chapters, several of which serve the Wayne with Bundestag/Bundesrat party staff mem- of inspiration and drive for every student who County and metropolitan Detroit regions. bers, and representatives of numerous polit- walks onto his track, Colorado’s Lyons High Alpha Kappa Alpha was founded with a goal ical, business, academic and media agencies. School Head Cross Country Coach Mark Rob- of bringing like-minded women together to up- A comparable delegation of German staff erts is a prime example of the kind of coach lift each other, using their bond, strengths, and members will visit the United States from Sat- we all hope our children have. I am so proud passions to benefit others. This sisterhood has urday, June 20–Sunday, June 27, 2020. They that his many years of tireless work at Lyons created a vast network of sisters in service will attend similar meetings in Washington. High is being honored by his induction into the who work on countless community projects The Congress-Bundestag/Bundesrat Ex- Colorado High School Coaches Association each year. The sisters of Alpha Kappa Alpha change is highly regarded in Germany and the Hall of Fame this March. have focused their efforts to uplift the most United States and is one of several exchange Raised in Colorado and a runner himself vulnerable and impoverished individuals and programs sponsored by public and private in- since high school, Coach Roberts is well-re- advancing human and civil rights everywhere. stitutions in the United States and Germany to nowned throughout Colorado’s running com- Please join me in recognizing Alpha Kappa foster better understanding of the politics and munity and has expertly coached countless Alpha on this outstanding milestone as we policies of both countries. This exchange is track and field students to victory. During wish them many more years to come. funded by the U.S. Department of State’s Bu- Coach Roberts tenure, the Lyons boys and f reau of Educational and Cultural Affairs. girls cross country and track and field teams IN RECOGNITION OF SCHOOLS IN The U.S. delegation should consist of expe- won a combined 18 state championships and CALIFORNIA’S 39TH DISTRICT SE- rienced and accomplished Hill staff who can were runners-up an equal number of times. In LECTED AS 2020 CALIFORNIA DIS- contribute to the success of the exchange on 2013 alone, the Lyons High boys runners TINGUISHED SCHOOLS both sides of the Atlantic. The Bundestag re- placed first, second and third to record the ciprocates by sending senior staff profes- only perfect team score in state history. This sionals to the United States. past fall, Lyons also won every possible cham- HON. GILBERT RAY CISNEROS, JR. Applicants should have a demonstrable in- pionship—boys and girls individual titles, as OF CALIFORNIA terest in events in Europe. Applicants need well as boys and girls team titles—joining just IN THE HOUSE OF REPRESENTATIVES not be working in the field of foreign affairs, al- one other school as the first to do so since Thursday, January 9, 2020 though such a background can be helpful. The 1995. composite U.S. delegation should exhibit a Mr. CISNEROS. Madam Speaker, it is with range of expertise in issues of mutual concern In addition to his clear talent for coaching great pride that I rise today to honor and con- to the United States and Germany such as, students to victory, Coach Roberts has also gratulate ten elementary schools in California’s but not limited to, trade, security, the environ- been the meet director for the St. Vrain Invita- 39th District for their selection as 2020 Cali- ment, economic development, health care, tional track and St. Vrain Invitational cross fornia Distinguished Schools. The California and other social policy issues. This year’s del- country meets. These are two of the largest Distinguished Schools Program is a compo- egation should be familiar with transatlantic re- meets in Colorado and Coach Roberts has nent of the California School Recognition Pro- lations within the context of recent world added innovative and exciting components to gram and serves to recognize schools that events. them, to not only inspire the participating ath- demonstrate outstanding education programs Please note that there is a significant time letes, but also to ensure these events are en- and practices. Schools awarded with this dis- commitment aspect for those selected for the gaging for families and, truly, our entire com- tinction hold the Distinguished School title for program. In addition, U.S. participants are ex- munity. two years. This year, eligible elementary pected to plan and implement the meetings Coach Roberts is clearly an irreplaceable schools in the State of California were identi- and programs for the Bundestag/Bundesrat asset to the running and sports communities fied through a multiple measures account- staff members when they visit the United throughout Colorado and to every student ath- ability system that examines performance and States. lete he serves, and his induction into the Colo- progress on state indicators specified on the Members of the House and Senate who rado High School Coaches Association Hall of California School Dashboard. Schools were would like a member of their staff to apply for Fame is very well earned. Colorado’s 2nd identified and selected within two distinct cat- participation in this year’s program should di- Congressional District and our entire state egories: Closing the Achievement Gap and rect them to submit a resume and cover letter send our congratulations to Couch Roberts Exceptional Student Performance. in which they state their qualifications, the and wish him and the Lyons team continued Elementary schools in California’s 39th Dis- contributions they can make to a successful victory on the field. trict awarded this distinction include: Acacia

∑ 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 04:37 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A09JA8.001 E09JAPT1 dlhill on DSKBBY8HB2PROD with REMARKS E18 CONGRESSIONAL RECORD — Extensions of Remarks January 9, 2020 Elementary School (Fullerton School District), the U.S. Military Academy, and then was as- IOWAN OF THE WEEK—DR. MIKE Blandford Elementary School (Rowland Uni- signed to the U.S. Army North as a Strategic WELLS fied School District), Buena Terra Elementary Intelligence Officer. LTC Nenanber has been School (Centralia Elementary School District), deployed to Iraq, Afghanistan, and multiple lo- HON. CYNTHIA AXNE George B. Miller Elementary School (Centralia cations in Asia. Currently, LTC Nenanber is OF IOWA Elementary School District), Golden Elemen- the Chief of the Functional Training Branch at IN THE HOUSE OF REPRESENTATIVES tary School (Placentia-Yorba Linda Unified the United States Army Intelligence Center of Thursday, January 9, 2020 School District), Killian Elementary School Excellence. (Rowland Unified School District), Laguna Mrs. AXNE. Madam Speaker, I rise today to I want to specifically recognize LTC Road Elementary School (Fullerton School ask the House of Representatives to join me Nenanber’s leadership when he commanded District), Mesa Robles School (Hacienda La in recognizing Dr. Mike Wells, Superintendent an Operational Detachment ALPHA team that Puente Unified School District), Robert C. for the Hamburg Community School District for Fisler School (Fullerton School District), and captured the leaders of an Al-Qaeda affiliated his effort to create a unique and engaging Wedgeworth Elementary School (Hacienda La cell north of Baghdad, Iraq that used young learning environment for K–8 students in the Puente Unified School District). boys as suicide bombers. Through their brave Hamburg Makerspace Program. As California Distinguished Schools, these actions, LTC Nenanber and his team saved The Makerspace Program and Farm School institutions set the standard for an immersive countless young boys—many thought to be or- serving elementary and middle school stu- educational climate bound by a student-driven phans—from certain death, and prevented the dents in Hamburg, IA has been a major hit learning philosophy. Exceptional student execution of many disastrous suicide bomb- with both students and community members. achievement in each school is a testament to ings. Students have the opportunity to experience immersive learning environments where they the efforts made by educators to realign peda- Originally from Belle Fourche, LTC gain hands on experience in a number of gogical practices to allow for student em- Nenanber is a native South Dakotan and I am powerment and engagement. This relies on a areas including: embroidery, wood working, proud to have such an exceptional service- culinary arts, screen printing, video game de- comprehensive platform that supplements the member call South Dakota home. Our state breadth of academic rigor with collaboration sign with virtual reality, book making and so and country are better because of citizens like many other amazing programs each Friday for and social support. Through programs ranging him. I thank LTC Nenanber and his family for from dual immersion to positive behavior inter- nine weeks. their tremendous sacrifice, and I extend my I had the opportunity to see these students vention, these schools reconcile differences in deepest congratulations for his retirement. at work, building a house for a family in their theory and praxis to close achievement gaps community that was hit by devastating flooding and instill traits vital to academic success. f in the Spring of 2019. The plan is for a new What results is a seamless integration be- home to be built each year moving forward tween teacher guidance and student participa- COMMEMORATING JOE BURROW and sold to a local family at a below market tion. It is this attunement to the holistic well- WINNING THE 2019 HEISMAN ME- rate. Dr. Wells brings an amazing learning op- being of each student that sets Distinguished MORIAL TROPHY portunity for his students and is using it to lift Schools apart. up our community. As a strong believer in education and its Dr. Wells has created an expectation in life-changing advantages, there is nothing HON. STEVE SCALISE Hamburg Community Schools where students more pleasing than knowing that the commu- lead projects and obtain valuable, hands on nity I serve is paving a brighter road for the OF LOUISIANA experience. This includes The Farm School, academic future of California’s youth. I am IN THE HOUSE OF REPRESENTATIVES started up in 2016, which is an effort to intro- proud of the tireless efforts made by parents, duce hands on, agricultural education experi- teachers, administrators, and staff to advance Thursday, January 9, 2020 ences through a functioning small farm on a scholastic agenda that rewards integrated Mr. SCALISE. Madam Speaker, I rise today school property. This endeavor includes a gar- educational experiences. Madam Speaker, I den, green house, poultry, and livestock. The ask that you and my honorable colleagues join to congratulate Louisiana State University’s students supply the local food pantry fresh me in congratulating these ten California Dis- quarterback, Joe Burrow, for winning the produce and eggs year-round. Dr. Wells has tinguished Schools for this tremendous Heisman Memorial Trophy. As the most pres- made the school the center of the community achievement in the world of education. I am tigious award in college football, this honor is and is a source of pride and learning for all wholeheartedly assured in their ability to guide afforded to the most outstanding player who has exhibited excellence and integrity both on residents of Hamburg, IA. and leave a lasting impact on the students of It is an honor to commemorate the out- California’s 39th District. and off the field. Through hard work and dedi- cation, Joe has exemplified these qualities, standing achievement of Dr. Wells and his f and there is no other college athlete more de- staff in the Hamburg Community School Dis- HONORING LIEUTENANT COLONEL serving of this award. trict. I have great respect and admiration for (LTC) RYAN NENANBER our educators and am particularly thankful for On December 14, 2019, Joe became the the strong foundation they are giving our kids. first LSU player since Billy Cannon to win the As the mother of two boys, I know that a qual- HON. DUSTY JOHNSON Heisman, shattering previous voting records ity education is crucial to success. I hope the OF SOUTH DAKOTA and receiving the highest percentage of first well-rounded training and techniques they IN THE HOUSE OF REPRESENTATIVES place votes. Breaking national and SEC found successful in the classroom becomes a Thursday, January 9, 2020 records, Joe passed for 4,715 yards and 48 model for other districts and the country as a touchdowns during the regular season, com- Mr. JOHNSON of South Dakota. Madam whole. pleting a college football record 77.9 percent Speaker, I rise today to recognize and honor f of his passes. Joe’s historic season led LSU Lieutenant Colonel (LTC) Ryan Nenanber for to its first SEC Championship since 2011 and HONORING THE LIFE OF DR. his retirement from the United States Army a berth in the College Football Playoff. IVERY DWIGHT CLIFTON after over 20 years of service. LTC Nenanber’s record of service with the Originally from Athens, Ohio, Joe Burrow U.S. Army is truly outstanding. He began his was given the opportunity to play football at HON. DAVID SCOTT OF GEORGIA career in 2000 when he was stationed in Ft. LSU by head coach Ed Orgeron. Seizing this IN THE HOUSE OF REPRESENTATIVES Wainwright, Alaska and served as an Anti- opportunity, Joe transformed the LSU offense Tank Platoon Leader, Rifle Platoon Leader, and overall attitude of the team. His leadership Thursday, January 9, 2020 Company Executive Officer, and Battalion As- on and off the field has made Louisiana proud, Mr. DAVID SCOTT of Georgia. Madam sistant Operations Officer. LTC Nenanber then and we are forever grateful for his time at Speaker, I rise today to honor Dr. Ivery Dwight served as a Special Forces Operational De- LSU. On behalf of Tiger fans in Louisiana and Clifton of Winterville, Georgia, who passed tachment ALPHA Commander and an Ad- across the nation, and as a proud LSU alum- away on January 1, 2020. vanced Operational Base Executive Officer in nus, I again congratulate Joe on winning the Dr. Clifton was born on April 6, 1943, in Oli- Fort Lewis, Washington. He spent time teach- Heisman Trophy, and officially recognize him ver, Georgia, to B.J. Clifton and Rosetta Ben- ing our next generation of servicemembers at as an adopted Louisianan. Geaux Tigers. jamin Clifton. From the beginning, farming was

VerDate Sep 11 2014 04:37 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\K09JA8.004 E09JAPT1 dlhill on DSKBBY8HB2PROD with REMARKS January 9, 2020 CONGRESSIONAL RECORD — Extensions of Remarks E19 in his blood. His parents, once sharecroppers, non-point pollution and pricing of farm real es- Congressional District, I honor Lucinda (Cindy) eventually became landowners and young tate. His work in developing hedonic pricing Avram for a life well-lived and extend my Ivery passionately loved their South Georgia functions for farmland has been used to en- deepest appreciation for her contribution to homestead. This reverence for the land and hance understanding of the operation of real our community. his parents’ hard work inspired Dr. Clifton’s estate markets in the United States, Australia, f dedication to agricultural-based research, and Ireland. teaching and administration. Dr. Clifton retired as a Lieutenant Colonel PERSONAL EXPLANATION Dr. Clifton graduated from William James from the U.S. Army Reserves after 27 years of High School in 1961. Although his father relied service. After nearly 30 years at the University HON. JOHN LEWIS on him to work the farm, his mother encour- of Georgia, Dr. Clifton retired in 2003, as Pro- OF GEORGIA aged and supported his pursuit of higher edu- fessor Emeritus from the College of Agricul- IN THE HOUSE OF REPRESENTATIVES cation. He enrolled in Tuskegee Institute (Uni- tural and Environmental Sciences. Thursday, January 9, 2020 versity), receiving a B.S. in Agricultural Edu- Dr. Clifton was also a dedicated community cation in 1965 and an M.S. in Agricultural Eco- servant leader. As a 43-year member of the Mr. LEWIS. Madam Speaker, I was unable nomics in 1967. While at Tuskegee, he was First A.M.E. Church, he served on the Board to cast roll call votes on November 20, 2019 active in the R.O.T.C., the yearbook staff, the of Trustees, taught bible study and led the and on November 21, 2019. Had I been military honor society (Scabbard and Blade) Men’s Fellowship. He was a member of Alpha present, I would have cast the following votes: and worked as a dorm counselor to support Phi Alpha Fraternity, Incorporated and was a on roll call 632, I would have voted Aye; on his education. He met the love of his life, Pa- Charter Member of the Delta Psi Chapter of roll call 633, I would have voted Aye; on roll tricia Ann Davis, during college. They wed on Sigma Pi Phi Fraternity, Incorporated (The call 634, I would have voted Aye; on roll call May 28, 1967, at the Tuskegee Chapel, a Boule’). He was inducted into Leadership 635, I would have voted Aye; on roll call 636, beautiful start to their 52-year marriage. Georgia and Gridiron. His service with organi- I would have voted Aye; on roll call 637, I Ivery and Pat’s blissful beginnings were zations such as Rotary, The Trust for Public would have voted No; on roll call 638, I would abruptly interrupted when he answered the Land, and countless local civic roles cemented have voted Aye; on roll call 639, I would have call to serve his country in the Army as a Lieu- friendships that he cherished. Recently, he voted Aye; on roll call 640, I would have voted tenant during the Vietnam War. Leaving his ‘‘unretired,’’ sat for an exam and was ap- Aye; on roll call 641, I would have voted Aye; first job as an agricultural economist with the pointed as a tax assessor by the Mayor and and on roll call 642, I would have voted Aye. Tennessee Valley Authority, he served as an Commission of Athens-Clarke County Govern- f advisor to the South Vietnamese Army, super- ment. In 2016, The University of Illinois pre- HONORING HODARI P.T. BROWN vised tactical logistics and served as a Quar- sented Dr. Clifton with the Alumni Award of termaster. The intensity of his battle experi- Merit, given annually to graduates who have ences forever shaped his commitment to civic made significant contributions to their chosen HON. RASHIDA TLAIB duty. profession. OF MICHIGAN After his service in Vietnam, he was em- Madam Speaker, Dr. Clifton’s life was de- IN THE HOUSE OF REPRESENTATIVES ployed by the United States Department of fined by his service to his family, to our coun- Thursday, January 9, 2020 Agriculture in Washington, D.C. There, he and try, and to our community. He will be forever his wife welcomed their first-born daughter, remembered as a husband, a father, a grand- Ms. TLAIB. Madam Speaker, I rise today to Kalisa Nicole. Subsequently, the family moved father, a veteran, an educator, an adminis- recognize the fine example of Hodari P.T. to Champaign, Illinois, where he earned a trator, a selfless servant, and a great friend. Brown, a resident of Redford Township, Michi- Ph.D. in Agricultural Economics in 1976 from My wife, Alfredia, and I offer our deepest gan. the University of Illinois. and heartfelt condolences to the Clifton family. Mr. Brown is an active and engaged mem- Dr. Clifton returned to Georgia, accepting an We also lift up the family and friends of Ivery ber of the community. Born and raised in De- appointment as an Assistant Professor of Nat- Clifton in our prayers. troit, Michigan, he graduated from Detroit Pub- lic Schools before going on to earn his Bach- ural Resource Economics at the University of f Georgia in Athens in 1976. He advanced elor of Science, Master of Business Adminis- through department, college, and university LUCINDA AVRAM tration, and Doctorate of Management de- level positions. Notably, Dr. Clifton was the grees. Further, Mr. Brown is a proud military University of Georgia’s first African American HON. ED PERLMUTTER veteran. Dean. He led the College of Agricultural and OF COLORADO He currently serves as Public Affairs Spe- cialist for the U.S. Small Business Administra- Environmental Services and his unique leader- IN THE HOUSE OF REPRESENTATIVES ship skills resulted in an assignment to the tion Michigan District Office, where he helps Presidential Office as Associate Vice Presi- Thursday, January 9, 2020 entrepreneurs grow their businesses with valu- dent for Academic Affairs. As his career pro- Mr. PERLMUTTER. Madam Speaker, I rise able resources and exposure. His dynamic ca- gressed, the Cliftons were blessed with a sec- today to recognize Lucinda (Cindy) Avram, reer spans more than 15 years of excellence ond daughter, Kelli Rochelle. who recently passed away. She was a great in leadership, customer service, project man- An advocate for diversity, Dr. Clifton served Coloradan, wife, mother and grandmother. agement, program management, public affairs as graduate advisor to students from across Cindy was born in Honolulu, Hawaii and at- and talent acquisition. Throughout his career, the globe. He also championed the Young tended the University of Colorado, Boulder he has managed projects throughout key mile- Scholars Program to develop a pipeline of mi- where she received a Bachelor of Science in stones for critical strategic initiatives and has nority students interested in the field of agri- 1969. She was a proud resident of Colorado helped bridge lines of communication between culture. Students described Dr. Clifton as a and Adams County where she dedicated more diverse groups and organizations. superb teacher. They noted his systematic use than 30 years serving her community as a Mr. Brown has earned numerous accolades of hands-on experiments, along with excellent medical technician. As a lifelong Democrat for his hard work and leadership. He currently lectures and handouts to make the learning of she had a passion for politics and was very sits and holds offices with various advisory difficult topics easy through his caring person- active in her party. Cindy loved her family boards, committees and organizations such as ality, effective communication skills and will- dearly, she often spoke of them fondly to ev- the United State Taxpayer Advocacy Panel ingness to help individual students succeed eryone she met. (TAP), First Independence Bank Millennial Ad- whenever necessary. I got to know Cindy through politics over the visory Board, President of Detroit Tennessee Throughout his career, Dr. Clifton made sig- years. We spent countless hours working to- State University Alumni Association Founda- nificant contributions to the profession of agri- gether for our shared values. It was because tion, Co-Campaign Chair of the National Busi- cultural economics, especially farm production of her hard work and dedication she was ness League Inc. Detroit Chapter, Board and natural resource economics. Published awarded the 2010 Volunteer Democrat of the Member of BUF Connect of Michigan, and the extensively, his innovative expertise in eco- Year Award from the Colorado Democratic co-founder/creator of the Young Millennium nomic modeling has benefited research lit- Party. Power Hour, which is a forum for Young En- erature and the scientific community around Cindy’s vibrance and good work in our com- trepreneurs to get information about how to the world. His major contributions have ad- munity will never be forgotten. Her passion, start, grow and expand a small business. vanced state-of-the-art knowledge in under- good nature and sense of humor was a true Please join me in celebrating Mr. Hodari standing the policy implications of controlling delight. On behalf of the people of the 7th P.T. Brown’s fine example.

VerDate Sep 11 2014 04:37 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\K09JA8.009 E09JAPT1 dlhill on DSKBBY8HB2PROD with REMARKS E20 CONGRESSIONAL RECORD — Extensions of Remarks January 9, 2020 CONGRATULATING WHITEHAVEN RECOGNIZING JULIUS (‘‘JULIE’’) P. less gadget, you are likely benefiting from HIGH SCHOOL MATH TEACHER KNAPP Julie Knapp’s work. NATHAN KIRSCH Julie Knapp epitomizes the non-partisan HON. FRANK PALLONE, JR. ideal of a public servant. As the leaders of the HON. STEVE COHEN OF NEW JERSEY House Energy and Commerce Committee, we IN THE HOUSE OF REPRESENTATIVES are grateful for his invaluable longtime service OF TENNESSEE to our nation, and extend our sincerest thanks Thursday, January 9, 2020 IN THE HOUSE OF REPRESENTATIVES to him for dedicating his life to building Amer- Mr. PALLONE. Madam Speaker, as we con- ica’s communications systems. Thursday, January 9, 2020 sider this critical 5G security and supply chain f Mr. COHEN. Madam Speaker, I rise today legislation before us, on behalf of Ranking PERSONAL EXPLANATION to congratulate Whitehaven High School math Member WALDEN, Subcommittee on Commu- teacher Nathan Kirsch for winning the Milken nications and Technology Chairman DOYLE, Educator Award and its $25,000 honorarium. and Subcommittee Ranking Member LATTA, I HON. JOHN LEWIS OF GEORGIA Mr. Kirsch was surprised with the award at would like to commend Julius (‘‘Julie’’) P. IN THE HOUSE OF REPRESENTATIVES a school assembly Wednesday morning where Knapp for the wonderful contributions to civil the entire student body applauded him for service he has made over his 45 year career. Thursday, January 9, 2020 being the only teacher in Tennessee to re- Mr. Knapp recently retired from his position as the Federal Communications Commission’s Mr. LEWIS. Madam Speaker, I was unable ceive the national distinction which some have to cast roll call votes on December 12, 2019 called ‘‘the Oscar Award for teaching.’’ In ac- (FCC) Chief of the Office of Engineering and Technology. He is well known in our Com- and on December 17, 2019. Had I been cepting the award, Mr. Kirsch called it one ‘‘for present, I would have cast the following votes: all of my students,’’ past, current and future. mittee because he has testified before us so many times over the years. We could always on roll call 689, I would have voted Aye; on The Whitehaven High School community is roll call 688, I would have voted Aye; on roll rightly proud of this accomplishment. rely on his technically precise and straight-for- ward testimony. Mr. Knapp is an internation- call 682, I would have voted Aye; on roll call It is very encouraging that a program known ally-recognized expert who is known for his 680, I would have voted Aye; on roll call 679, as a powerhouse in athletics is also being rec- pragmatic and fair approach, and his ability to I would have voted Aye; on roll call 678, I ognized for its excellence in academics. Mr. explain, in plain language, engineering issues would have voted Aye; on roll call 677, I would Kirsch embodies both traditions as the coach to policymakers on all sides of an issue. have voted Aye; and on roll call 676, I would of the school’s cross-country and track teams Julie Knapp’s career ran in tandem with the have voted Nay. and for being credited for raising the school’s growth of the American communications in- f AP Calculus scores. dustry. In many ways, it was a symbiotic rela- RECOGNITION OF THE LIFE AND I also commend Whitehaven High School tionship. He graduated from high school in CAREER OF JIM WEILL Principal Vincent Hunter for recognizing the New Hyde, New York, in 1969, and received importance of providing excellent educational his engineering degree from the City College HON. JAMES P. McGOVERN opportunities across the board. The Milken of New York in 1974. Less than a month later, OF MASSACHUSETTS Award is given to 40 early- and mid-career he joined the FCC. At 22 years old, he started IN THE HOUSE OF REPRESENTATIVES teachers across the country, often jump-start- out certifying radio frequency devices. He then ing careers while inspiring educators and their rose through the ranks to become Chief of the Thursday, January 9, 2020 communities. FCC laboratory, then Chief of the Policy and Mr. MCGOVERN. Madam Speaker, I rise I congratulate Mr. Kirsch and all the Rules Division for the Office and Engineering today to honor Jim Weill, a dedicated advo- Whitehaven Tigers on this exceptional and Technology (OET), and finally Chief of cate who has spent his 50-year career stand- achievement. OET, where he has served with extraordinary ing up for what’s right, and fighting to end pov- distinction since 2006. erty and promote social justice in this country. f It goes without saying that Julie Knapp As President of the Food Research & Action could have taken the extraordinary skills he Center, also known as FRAC, Jim spent the HONORING MR. ALEX RICHARDSON perfected at the FCC to Silicon Valley or to last 22 years as a vital partner in the fight to one of the trade associations where his work eliminate hunger—my long-time priority here in HON. ALCEE L. HASTINGS is so well regarded and appreciated. Instead, Congress. he chose to serve the United States through During this time, he has worked hard to ex- OF FLORIDA multiple administrations as a public servant, pand programs that are essential to reducing IN THE HOUSE OF REPRESENTATIVES and his longtime contributions will make a hunger for so many, including SNAP, school Thursday, January 9, 2020 positive difference for generations to come. lunch and breakfast, after school and summer It’s not surprising that Mr. Knapp’s out- food programs, child care food, and WIC. He’s Mr. HASTINGS. Madam Speaker, I rise standing work has brought him numerous also been a champion of poverty reduction today to honor Mr. Alex Richardson who re- awards and accolades within the government measures like the refundable Child Tax Credit. cently graduated from college with a degree in and in the engineering community. In 2012, he Madam Speaker, Jim’s commitment to end- Criminal Justice. Immediately following grad- received one of the highest honors for a civil ing the epidemic of hunger in this country can- uation, Alex was hired by the City of Sunrise servant, the Presidential Distinguished Rank not be understated, and is exemplified by his Police Department and sent to the police Award. He also received the FCC’s Gold and tireless efforts to strengthen the coalition to academy. On December 9, 2019, he was Silver awards and the Eugene C. Bowler end it. He not only helped bolster FRAC’s net- pinned in a ceremony at the Sunrise police award for exceptional professionalism and work of state and local partners, but he’s also headquarters and is currently undergoing po- dedication to public service. launched and nurtured strong new anti-hunger lice training in his community. Here in Congress, we have been the fortu- advocacy groups, including in Maryland and Alex is known for beating the odds. He grew nate beneficiaries of that dedication to public the District of Columbia—bringing more allies up without a father and lost his mother to can- service. He has briefed generations of Mem- into this important fight. cer at age four. One of five children, he and bers and congressional staffers on the intrica- His lifetime of advocacy has led him to other his siblings were adopted by Mr. Patrick cies of how spectrum works and why we need prominent roles as well. Early in his career, Hosler, Jr., who mentored him throughout his to harness it with careful consideration. He Jim served as counsel at the Legal Assistance childhood. Alex played YFL football for his has provided significant and substantial input Foundation of Chicago as the Director of Fed- city, and he now coaches other young men on all of the spectrum legislation passed by eral Litigation and Social Impact Projects, and women in four sports. I am delighted that Congress in recent memory. where he worked on over 100 federal class this fine young man lives in my Congressional Mr. Knapp helped usher in the modern age action and impact cases. This important work district. I am confident that he will succeed be- of communications. He played an instrumental helped protect people on Social Security, yond all expectations at whatever endeavor he role in helping us make spectrum available to Medicaid, AFDC, Food Stamps, and other chooses to pursue. I wish him all the very best fuel our nation’s economic and innovative public benefits. He also worked to improve our and thank him for his service to our commu- growth. If you are accessing a mobile device immigration system and combat discrimination nity. right now, using WiFi or buying the latest wire- against racial minorities and women.

VerDate Sep 11 2014 04:37 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A09JA8.004 E09JAPT1 dlhill on DSKBBY8HB2PROD with REMARKS January 9, 2020 CONGRESSIONAL RECORD — Extensions of Remarks E21 As if all that weren’t enough, Jim spent 16 work there before retiring in 2008. After his re- HONORING THE LIFE OF KENNETH years as Program Director and General Coun- tirement, Joe spent time as a consultant and KAZUTO TAKEUCHI sel at the Children’s Defense Fund, where he served one year with the Federal Deposit In- helped safeguard and expand essential pro- surance Corporation before being elected as HON. JIM COSTA grams promoting youth health and well-being. Mayor of Washington in 2011. OF CALIFORNIA Jim played a leading role in the fight to ex- IN THE HOUSE OF REPRESENTATIVES pand Medicaid and made major contributions Mayor Wellman has been affiliated with to the enactment of several programs to pro- many community development organizations, Thursday, January 9, 2020 mote youth health like the Children’s Health including the Daviess County Community Mr. COSTA. Madam Speaker, I rise today to Insurance Program. His leadership on chil- Foundation, Daviess County Economic Devel- pay tribute to the life of Mr. Ken Takeuchi, dren’s rights helped spur child support en- opment Corporation, Community Foundation who passed away on December 8, 2019. Ken forcement reforms as well as the expansion of Alliance, Accelerating Indiana Municipalities, was the beloved voice of the Central Valley’s federal fair housing laws to include families Indiana Bankers Association, Radius Indiana, auto racing circuit for over 60 years. with children. and Rotary, among many others. Kenneth Kazuto Takeuchi was born on Jan- Madam Speaker, on behalf of the United It has been a pleasure to work with Mayor uary 27, 1927 in Fresno, California. During States Congress and all the people in whose Wellman while he led Washington through the World War II, Ken and his family were ordered into internment camps in Jerome, Arkansas. lives Jim has made a positive difference, it is development of I–69 and many other projects my great privilege and honor to thank and rec- Shortly after, Ken and his five brothers were that have increased economic development in ognize Jim Weill for his tireless efforts to cre- drafted into the military and served their coun- the community. I wish Mayor Wellman and his ate a more just and equitable world. I’m truly try during the war. Eventually, the family re- grateful to call him a friend. wife, Elaine, the best in retirement as they get turned to Fresno and their farm. After his mili- to spend more time with their three daugh- f tary service, Ken worked for the Fresno Coun- ters—Brenda, Angie and Lindsay—and their 7 ty Parks Department, before taking a different HONORING THE SIOUX FALLS VET- grandchildren. course in life. ERANS AFFAIRS (VA) HEALTH Ken was best known as a speedway an- CARE SYSTEM f nouncer and organizer of races throughout the Central Valley. He got his start in the 1950s at HON. DUSTY JOHNSON IN REMEMBRANCE OF MRS. the Selma Speedway. His voice graced auto OF SOUTH DAKOTA DORCAS R. HARDY races throughout the state for more than 60 IN THE HOUSE OF REPRESENTATIVES years. Ken was so well known, he was in- ducted into numerous halls of fame, including Thursday, January 9, 2020 HON. ROBERT J. WITTMAN in 1995 the San Jose’s Speedway Hall of Mr. JOHNSON of South Dakota. Madam OF VIRGINIA Fame, the West Coast Stock Car Hall of Fame Speaker, I rise today to recognize and honor in 2017, and the Clovis Hall of Fame in 2019. the Sioux Falls Veterans Affairs (VA) Health IN THE HOUSE OF REPRESENTATIVES Ken was also a competitive runner. His pas- Care System for achieving a Pathway Des- Thursday, January 9, 2020 sion for running flourished in different ave- ignation from the American Nurses nues. He was the founder of the Valley Run- Credentialing Center. Mr. WITTMAN. Madam Speaker, I rise ner of the Year series and the Pro Race The Pathway Designation is a global cre- today in recognition of the service of Mrs. Dor- Group in Fresno. His goal was always for peo- dential awarded to health care organizations cas R. Hardy who passed away Thursday, No- ple to come together through running and that demonstrate an outstanding commitment vember 28, 2019. She selflessly served her walking for good causes. In the 1980s, he to a healthy work environment that empowers community through her dedicated work in began directing races. Ken also helped found and engages nurses. Investing in a positive, health services and passionately advocated the Shinzen Run, which supported the state-of-the-art workplace for nurses can lead the need for more financial security education Shinzen Japanese Friendship Garden in Fres- to a greater culture of excellence for the entire for the public. Moreover, she served her coun- no, a cause that was deeply important to Ken health care facility. This has been clearly dem- try as the first woman commissioner of the So- and the community. In his later years, he onstrated and recognized in Sioux Falls. worked with Special Olympics and appreciated cial Security Administration in 1986. Her life Therefore, this designation is a win not only his friendships with athletes of all ages. was an example of dedication, toughness, for the Sioux Falls VA, but also for the greater He is survived by his daughter, Cindy veteran community they serve. love, and service from which all of us would Campbell and her husband Duane; brother This award is a significant honor for the be wise to learn. Leo Takeuchi; sister Erma Aoki; three grand- Sioux Falls VA Health Care System, validating Dorcas was born in Newark, New Jersey on children, Lindsay, Chelsea, and Ashley Camp- their commitment to sustained excellence, pro- July 18, 1946. In 1968, she completed her bell, and his great grandchild, Melody fessionalism, and dedication from the nursing bachelor’s degree at Connecticut College and Haussmann. staff and their patients. I commend the nurses subsequently obtained her Master of Business Madam Speaker, I ask my colleagues to join of this organization for their outstanding record Administration degree in 1976 from me in honoring the life of Mr. Ken Takeuchi. of service, care, and hard work. I extend my Pepperdine University. As a natural-born lead- His commitment and dedication to the Central deepest congratulations to the Sioux Falls Vet- er, she headed the Health Services Industry Valley sporting community left an impact on erans Affairs Health Care System for this des- Committee, Cost of Living Council from 1971 many. We join his family and friends in hon- ignation. to 1973 and eventually was appointed to com- oring his great life. f missioner of the Social Security Administration f HONORING MAYOR JOE WELLMAN in 1986 by then-president Ronald Reagan. PERSONAL EXPLANATION Later, she continued to help the community by HON. LARRY BUCSHON running a consulting firm and becoming a pas- HON. JOHN LEWIS sionate advocate. OF INDIANA OF GEORGIA IN THE HOUSE OF REPRESENTATIVES In 1996, she married Dr. Samuel Spagnolo IN THE HOUSE OF REPRESENTATIVES Thursday, January 9, 2020 and is survived by him and her three step- Thursday, January 9, 2020 sons, along with their four grandchildren. Dor- Mr. BUCSHON. Madam Speaker, I rise cas was a model for all of us not only in her Mr. LEWIS. Madam Speaker, I was unable today to honor the career of Mayor Joe work, but in her personal life. to cast roll call votes from January 7 to 9, Wellman upon his retirement. In 1983, Mayor 2020. Had I been present, I would have cast Wellman began his career at People’s Na- Madam Speaker, I ask you to join me in the following votes: on roll call 1, I would have tional Bank in Washington, Indiana. He later honoring Mrs. Hardy and in thanking Dorcas voted Present; on roll call 2, I would have became the CEO at Peoples National Bank Hardy’s family for their incredible sacrifices, voted Aye; on roll call 3, I would have voted and served on the bank’s board of directors. devotion, and service to our nation; words Aye; on roll call 4, I would have voted Aye; on Once Peoples National Bank merged with cannot express our gratitude. On behalf of roll call 5, I would have voted Aye; and on roll German American Bank, Joe continued his America’s First District, we say thank you. call 6, I would have voted Aye.

VerDate Sep 11 2014 04:37 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A09JA8.008 E09JAPT1 dlhill on DSKBBY8HB2PROD with REMARKS E22 CONGRESSIONAL RECORD — Extensions of Remarks January 9, 2020 CONGRATULATING DAISY PAEZ ON heart goes out to every military family right United States and India. Since our two coun- HER RETIREMENT now living on pins and needles over what tries established diplomatic relations in 1946 President Trump set in motion. We still don’t through the 2005 launch of our strategic part- HON. NYDIA M. VELA´ ZQUEZ know what threat was so dire that President nership, the United States and India have had OF NEW YORK Trump needed to risk a conflict with Iran to kill a long and storied history. I thank Ambassador IN THE HOUSE OF REPRESENTATIVES their second-most powerful leader. What we Shringla for his friendship and his deep com- Thursday, January 9, 2020 do know is American lives are our nation’s mitment to maintaining our strong US-India al- most precious treasure, and this president liance. I wish him the best of luck in his future Ms. VELA´ ZQUEZ. Madam Speaker, I rise cannot be trusted to keep us safe. I was un- endeavors. today to congratulate Daisy Paez on the occa- avoidably detained during the vote and regret I stand with India in their aspiration to pro- sion of her retirement from the Educational Al- that I was not able to cast my vote tonight, but liance after 30 years of dedication and service. vide equal economic, social, and political op- I wholeheartedly support the War Powers Act The Educational Alliance is a non-profit orga- portunities to all citizens. As part of this pur- (H. Con. Res. 83) and would have voted in nization established in 1889 serving thousands suit, two-thirds of the Indian Parliament voted favor of it as reflected in my YEA vote and of Lower East Side residents and New York- last year to change the status of Jammu and testimony in the Rules Committee the day ers. Kashmir. This vote allowed the government of prior. A life-long resident of the Lower East Side, India to address the stagnant economy and Daisy’s first interaction with the Educational Had I been present, I would have voted: YEA on Roll Call No. 7. high youth unemployment plaguing the region Alliance (EA) was more than three decades by providing economic opportunity and sound f ago when she enrolled her children in the governance. The residents of Jammu and early childhood program. Recognizing that a HONORING THE LIFE OF CHESTER Kashmir have battled economic depression parent is a child’s primary teacher, Daisy B. PIATKOWSKI and forces of extremism and radicalization for bravely registered for adult classes. She was too long. The regional stability now provided encouraged to push herself beyond her cir- by government will give residents of Jammu cumstances to achieve greater opportunities HON. JOHN KATKO OF NEW YORK and Kashmir a better way forward and hope for herself and her children. With the support IN THE HOUSE OF REPRESENTATIVES for the future. of the Educational Alliance, Daisy proudly earned her high school diploma. This achieve- Thursday, January 9, 2020 f ment empowered her to apply for an employ- Mr. KATKO. Madam Speaker, I rise today to ment opportunity at the Education Alliance honor the life of Chester B. Piatkowski, who RECOGNIZING THE 30TH ANNIVER- which hired her. She then furthered her edu- passed away on December 27, 2019, at the SARY OF BLACK JANUARY cation by taking college classes. These ac- age of 96. A veteran and devoted public serv- complishments emboldened her desire for ant, Chester Piatkowski will be dearly missed community service and the betterment of her by his family and community. HON. PAUL A. GOSAR neighborhood. The Education Alliance pro- After graduating from Vocational School in vided an opportunity to develop her skills, Verona, NY, Chester Piatkowski enlisted in the OF ARIZONA leadership and helped her build a pathway for United States Navy, proudly serving his coun- IN THE HOUSE OF REPRESENTATIVES economic security for the past 30 years. try in World War II. During the war, he was Daisy is an amazing role model for women stationed in England, working as an Aviation Thursday, January 9, 2020 and single parents. She is a strong and effec- Petty Officer 2nd Class, repairing PBY planes. tive community advocate. In her capacity on After the war, Chester Piatkowski served as a Mr. GOSAR. Madam Speaker, I rise today numerous local boards, she has championed Police Officer with the City of Syracuse, even- in remembrance of the 30th anniversary of the issues from demanding enhanced transpor- tually rising to the rank of Sergeant. A pro- events in Azerbaijan culminating in what is tation services for seniors, to fighting for in- ficient marksman, Chester Piatkowski oversaw now known as Black January. In January crease funding for youth programs and more firearms training for the Syracuse Police De- 1990, the former U.S.S.R. attempted to con- access to park space. tinue to suppress freedom and impose its po- Today, Daisy is an elected community rep- partment, and competed in police pistol com- petitions across New York State, winning sev- litical will on the people of Azerbaijan. At that resentative, currently serving as District Lead- time, however, the people of Azerbaijan de- er for NYS’s 65th Assembly District, Part B. eral first-place trophies. Throughout Chester Piatkowski’s life, he re- cided that they had enough of Soviet control She is also a member of the 7th Precinct and resisted. Community Council and a graduate of the mained very proud of his American and Polish NYC Police Department’s Citizens Police heritage. He was active in the Polish American At night, the Red Army marched into Baku Academy and the FBI’s Citizens’ Academy. Legion Post 14, Seniors at the Syracuse Pol- to stem the movements for equality and free- She works closely with government leaders on ish Home, and enjoyed taking Polish language dom. While the Azeris used peaceful protests behalf of her constituents. classes. Additionally, he was a member of the and calls for freedom, the Soviets responded Daisy’s commitment and dedication to her American Legion Post 113, the Police Retirees with guns and tanks. These actions resulted in community is immeasurable. She has made a Association, and the Holy Name society at the 147 civilian deaths, with hundreds more remarkable impression at work and in the Basilica of the Sacred Heart. wounded and imprisoned. community through her public service. I know Madam Speaker, I ask that my colleagues in the House join me in honoring the life of The Azeris had seen what happened to her colleagues and members of the Edu- prior independence movements in the Soviet cational Alliance will deeply miss her guid- Chester B. Piatkowski. A veteran and devoted public servant, Chester Piatkowski’s legacy Union, yet they persevered on. This tragedy ance, smile and energy. only emboldened them in their cause, carrying I congratulate Daisy Paez on her retirement will always be remembered and cherished. I on the mission of their countrymen which cul- and wish her the very best to her and her fam- encourage my colleagues to keep his family in minated in their August 1991 independence. ily as she enters the next phase of her life. their prayers during this truly difficult time. f f Since this monumental declaration, Azer- baijan has been a beacon of freedom in the PERSONAL EXPLANATION THE U.S.-INDIA ALLIANCE region as well as a friend and ally of the United States. At this time, we memorialize HON. NORMA J. TORRES HON. SCOTT PERRY those fallen and celebrate the continued OF CALIFORNIA OF PENNSYLVANIA strength of the Republic of Azerbaijan. IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Madam Speaker, I strongly urge my col- Thursday, January 9, 2020 Thursday, January 9, 2020 leagues to recognize Black January and join in Mrs. TORRES of California. Madam Speak- Mr. PERRY. Madam Speaker, I rise today to the honoring of allies in Azerbaijan and their er, as the mother of an air force veteran, my recognize the strong relationship between the quest for liberation.

VerDate Sep 11 2014 04:37 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A09JA8.013 E09JAPT1 dlhill on DSKBBY8HB2PROD with REMARKS Thursday, January 9, 2020 Daily Digest Senate Smithsonian Institution Board of Regents: Sen- Chamber Action ate passed S.J. Res. 66, providing for the appoint- Routine Proceedings, pages S99–S149 ment of Denise O’Leary as a citizen regent of the Measures Introduced: Twelve bills and seven reso- Board of Regents of the Smithsonian Institution. lutions were introduced, as follows: S. 3170–3181, Page S148 S.J. Res. 65–68, S. Res. 466–467, and S. Con. Res. Smithsonian Institution Board of Regents: Sen- 33. Pages S124–25 ate passed S.J. Res. 67, providing for the reappoint- Measures Reported: ment of Risa Lavizzo-Mourey as a citizen regent of Report to accompany S. 876, to amend the En- the Board of Regents of the Smithsonian Institution. ergy Policy Act of 2005 to require the Secretary of Page S148 Energy to establish a program to prepare veterans for America’s Conservation Enhancement Act: Sen- careers in the energy industry, including the solar, ate passed H.R. 925, to improve protections for wind, cybersecurity, and other low-carbon emissions wildlife, after agreeing to the following amendments sectors or zero-emissions sectors of the energy indus- proposed thereto: Page S148 try. (S. Rept. No. 116–201) McConnell (for Barrasso) Amendment No. 1276, Report to accompany S. 2668, to establish a pro- in the nature of a substitute. Page S148 gram for research, development, and demonstration McConnell (for Barrasso) Amendment No. 1277, of solar energy technologies. (S. Rept. No. 116–202) to amend the title. Page S148 Report to accompany S. 2368, to amend the Save Our Seas 2.0 Act: Committee on Commerce, Atomic Energy Act of 1954 and the Energy Policy Science, and Transportation was discharged from fur- Act of 2005 to support licensing and relicensing of ther consideration of S. 1982, to improve efforts to certain nuclear facilities and nuclear energy research, combat marine debris, and the bill was then passed, demonstration, and development. (S. Rept. No. after agreeing to the following amendment proposed 116–203) Page S124 thereto: Pages S148–49 Measures Passed: McConnell (for Sullivan) Amendment No. 1278, in the nature of a substitute. Pages S148–49 United States Public Health Service Moderniza- Gaynor Nomination—Cloture: Senate began tion Act: Senate passed S. 2629, to amend the Pub- consideration of the nomination of Peter Gaynor, of lic Health Service Act with respect to the Public Rhode Island, to be Administrator of the Federal Health Service Corps, after agreeing to the com- Emergency Management Agency, Department of mittee amendment in the nature of a substitute. Homeland Security. Pages S115–19 Page S147 A motion was entered to close further debate on Congressman Lester Wolff Oyster Bay National the nomination, and, in accordance with the provi- Wildlife Refuge: Committee on Environment and sions of Rule XXII of the Standing Rules of the Public Works was discharged from further consider- Senate, and pursuant to the unanimous-consent ation of H.R. 263, to rename the Oyster Bay Na- agreement of Thursday, January 9, 2020, a vote on tional Wildlife Refuge as the Congressman Lester cloture will occur at 5:30 p.m. on Monday, January Wolff Oyster Bay National Wildlife Refuge, and the 13, 2020. Pages S115–16 bill was then passed. Pages S147–48 Prior to the consideration of this nomination, Sen- ate took the following action: Smithsonian Institution Board of Regents: Sen- Senate agreed to the motion to proceed to Legisla- ate passed S.J. Res. 65, providing for the reappoint- tive Session. Page S115 ment of John Fahey as a citizen regent of the Board Senate agreed to the motion to proceed to Execu- of Regents of the Smithsonian Institution. Page S148 tive Session to consider the nomination. Page S115 D25

VerDate Sep 11 2014 05:21 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D09JA0.REC D09JAPT1 dlhill on DSKBBY8HB2PROD with DIGEST D26 CONGRESSIONAL RECORD — DAILY DIGEST January 9, 2020 A unanimous-consent agreement was reached pro- Scott J. Laurer, of Virginia, to be a Judge of the viding that at approximately 3 p.m., on Monday, United States Court of Appeals for Veterans Claims January 13, 2020, Senate resume consideration of the for the term of fifteen years. nomination; and that the motion to invoke cloture J. David Patterson, of Tennessee, to be Deputy filed during the session of Thursday, January 9, Under Secretary of Defense for Personnel and Readi- 2020, ripen at 5:30 p.m., on Monday, January 13, ness. 2020. Page S149 109 Air Force nominations in the rank of general. Nominations Confirmed: Senate confirmed the fol- 3 Army nominations in the rank of general. lowing nominations: 11 Marine Corps nominations in the rank of gen- By 50 yeas to 44 nays (Vote No. EX. 10), Paul eral. J. Ray, of Tennessee, to be Administrator of the Of- Routine lists in the Air Force, Army, Foreign fice of Information and Regulatory Affairs, Office of Service, and Marine Corps. Management and Budget. Pages S100–15 Messages from the House: Pages S123–24 During consideration of this nomination today, Measures Referred: Page S124 Senate also took the following action: By 50 yeas to 45 nays (Vote No. EX. 9), Senate Measures Placed on the Calendar: Page S124 agreed to the motion to close further debate on the Executive Communications: Page S124 nomination. Pages S103–04 Petitions and Memorials: Page S124 Cynthia L. Attwood, of Virginia, to be a Member of the Occupational Safety and Health Review Com- Additional Cosponsors: Pages S124–27 mission for a term expiring April 27, 2025. Statements on Introduced Bills/Resolutions: Amanda Wood Laihow, of Maine, to be a Member Page S127 of Occupational Safety and Health Review Commis- Additional Statements: Pages S123–29 sion for the remainder of a term expiring April 27, 2023. Amendments Submitted: Page S129 Crosby Kemper III, of Missouri, to be Director of Authorities for Committees to Meet: Page S147 the Institute of Museum and Library Services for a Record Votes: Two record votes were taken today. term of four years. Page S119 (Total—10) Pages S104, S115 Nominations Received: Senate received the fol- lowing nominations: Adjournment: Senate convened at 10 a.m. and ad- Fernando L. Aenlle-Rocha, of California, to be journed at 5:36 p.m., until 3 p.m. on Monday, Janu- United States District Judge for the Central District ary 13, 2020. (For Senate’s program, see the remarks of California. of the Majority Leader in today’s Record on page Stanley Blumenfeld, of California, to be United S149.) States District Judge for the Central District of Cali- fornia. Committee Meetings Grace Karaffa Obermann, of Virginia, to be a Judge of the United States Court of Federal Claims (Committees not listed did not meet) for a term of fifteen years. Mark C. Scarsi, of California, to be United States INTELLIGENCE District Judge for the Central District of California. Select Committee on Intelligence: Committee held closed Stephen Sidney Schwartz, of Virginia, to be a hearings on intelligence matters, receiving testimony Judge of the United States Court of Federal Claims from officials of the intelligence community. for a term of fifteen years. Committee recessed subject to the call. h House of Representatives Chamber Action Additional Cosponsors: Pages H149–50 Report Filed: A report was filed today as follows: Public Bills and Resolutions Introduced: 11 pub- lic bills, H.R. 5563–5573; and 6 resolutions, H. H.R. 1230, to amend the Age Discrimination in Employment Act of 1967 and other laws to clarify Res. 782–787, were introduced. Page H148

VerDate Sep 11 2014 05:21 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D09JA0.REC D09JAPT1 dlhill on DSKBBY8HB2PROD with DIGEST January 9, 2020 CONGRESSIONAL RECORD — DAILY DIGEST D27 appropriate standards for Federal employment dis- Agreed to: crimination and retaliation claims, and for other pur- Woodall amendment (No. 1 printed in part B of poses, with an amendment (H. Rept. 116–372). H. Rept. 116–366) that amends Section 18 to en- Page H148 sure the FAA and State and local building code in- Recess: The House recessed at 11:01 a.m. and re- spectors and fire marshals are at the guidance-mak- ing table; Pages H127–28 convened at 12 noon. Page H73 Hudson amendment (No. 4 printed in part B of Journal: The House agreed to the Speaker’s approval H. Rept. 116–366) that directs the EPA to inves- of the Journal by voice vote. Pages H73–74, H92 tigate methods to prevent contamination by GenX Directing the President pursuant to section 5(c) of surface waters, including source waters used for of the War Powers Resolution to terminate the drinking water purposes; Pages H129–30 use of United States Armed Forces to engage in Hudson amendment (No. 5 printed in part B of hostilities in or against Iran: The House agreed to H. Rept. 116–366) that clarifies that communities H. Con. Res. 83, directing the President pursuant to impacted by contamination of the chemical GenX section 5(c) of the War Powers Resolution to termi- are eligible for grants under this section; nate the use of United States Armed Forces to en- Pages H130–31 gage in hostilities in or against Iran, by a yea-and- Delgado amendment (No. 7 printed in part B of nay vote of 224 yeas to 194 nays, Roll No. 7. H. Rept. 116–366) that makes it illegal for an in- Pages H92–H116 dustrial facility to introduce PFAS into a sewage Pursuant to the Rule, the amendment printed in treatment system without first disclosing informa- H. Rept. 116–371 shall be considered as adopted. tion about that substance; Pages H132–33 Page H92 Pingree amendment (No. 8 printed in part B of H. Res. 781, the rule providing for consideration H. Rept. 116–366) that expands EPA’s Safer Choice of the concurrent resolution (H. Con. Res. 83) was Program to include carpets, rugs, clothing, and up- agreed to by a yea-and-nay vote of 226 yeas to 193 holstered furniture that do not contain PFAS; Pages H133–34 nays, Roll No. 6, after the previous question was or- Kildee amendment (No. 9 printed in part B of H. dered by a yea-and-nay vote of 227 yeas to 191 nays, Rept. 116–366) that creates a tool on EPA’s website Roll No. 5. Pages H78–92 to help people understand testing results for their Suspension—Proceedings Resumed: The House well water and connect them to local health and agreed to suspend the rules and pass the following government resources and authorizes $1 million to measure. Consideration began Wednesday, January be appropriated for fiscal year 2021 to carry this out; 8th. Pages H134–35 Prison to Proprietorship Act: H.R. 5078, amend- Tonko amendment (No. 10 printed in part B of ed, to amend the Small Business Act to provide re- H. Rept. 116–366) that requires the EPA to make entry entrepreneurship counseling and training serv- publicly available on its website, the results of a de- ices for incarcerated individuals, by a 2⁄3 yea-and-nay termination under subsection 2(b) no later than 60 Pages H135–36 vote of 370 yeas to 41 nays, Roll No. 8. Page H116 days after such determination is made; Rice (NY) amendment (No. 11 printed in part B PFAS Action Act: The House considered H.R. 535, of H. Rept. 116–366) that increases authorization of to require the Administrator of the Environmental appropriations for the PFAS Infrastructure Grant Protection Agency to designate per- and Program by 25 percent and designates the increase polyfluoroalkyl substances as hazardous substances for reimbursing affected community water systems under the Comprehensive Environmental Response, that have previously implemented eligible treatment Compensation, and Liability Act of 1980. Consider- technologies; Page H136 ation is expected to resume tomorrow, January 10th. Brown (MD) amendment (No. 12 printed in part Pages H116–42 B of H. Rept. 116–366) that requires the Adminis- Pursuant to the Rule, an amendment in the na- trator of the Environmental Protection Agency to ture of a substitute consisting of the text of Rules develop a national risk-communication strategy to Committee Print 116–45, modified by the amend- inform the public about the hazards of PFAS sub- ment printed in part A of H. Rept. 116–366, shall stances; Pages H136–37 be considered as adopted in the House and in the Plaskett amendment (No. 14 printed in part B of Committee of the Whole, in lieu of the amendment H. Rept. 116–366) that makes U.S. territories eligi- in the nature of a substitute recommended by the ble for additional Safe Drinking Water Act funding Committee on Energy and Commerce now printed to address emerging contaminants including PFAS; in the bill. Page H125 Page H139

VerDate Sep 11 2014 05:21 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D09JA0.REC D09JAPT1 dlhill on DSKBBY8HB2PROD with DIGEST D28 CONGRESSIONAL RECORD — DAILY DIGEST January 9, 2020 Brindisi amendment (No. 15 printed in part B of Senate Referrals: S. 1228 was held at the desk. S. H. Rept. 116–366) that requires the EPA, within 1611 was referred to the Committee on Energy and 180 days, to issue a final rule listing PFOS and Commerce. Page H146 PFOA as hazardous air pollutants under the Clean Senate Message: Message received from the Senate Air Act, while ensuring that EPA has access to the by the Clerk and subsequently presented to the needed science before making regulatory decisions on House today appears on page H78. other PFAS chemicals, to harmonize with other Quorum Calls—Votes: Four yea-and-nay votes de- Comprehensive Environmental Response, Compensa- veloped during the proceedings of today and appear tion, and Liability Act provisions in the bill; on pages H91, H91–92, H115–16, and H116. Pages H139–40 There were no quorum calls. Brindisi amendment (No. 16 printed in part B of H. Rept. 116–366) that requires the EPA Adminis- Adjournment: The House met at 10 a.m. and ad- trator to offer for public comment those technologies journed at 10 p.m. deemed as effective at removing detectable amounts of PFAS from drinking water; Pages H140–41 Committee Meetings Golden amendment (No. 17 printed in part B of MISCELLANEOUS MEASURES H. Rept. 116–366) that directs the EPA Adminis- trator, in consultation with the U.S. Fire Adminis- Committee on Energy and Commerce: Subcommittee on tration, to submit an annual report to Congress on Energy held a markup on H.R. 2906, the ‘‘Clean Commute for Kids Act of 2019’’; H.R. 3361, the the effectiveness of the guidance required under Sec- ‘‘Reliable Investment in Vital Energy Reauthoriza- tion 18 of the bill; and Page H141 tion Act’’; H.R. 3079, the ‘‘Energy Savings Through Axne amendment (No. 18 printed in part B of H. Public-Private Partnerships Act of 2019’’; H.R. Rept. 116–366), as modified, that authorizes the 5518, a bill to require the Secretary of Energy to PFAS Infrastructure Grant Program for an additional carry out a Clean Cities Coalition Program, and for three years. Pages H141–42 other purposes; H.R. 5542, a bill to require the Sec- Proceedings Postponed: retary of Energy to establish a grant program for Burgess amendment (No. 2 printed in part B of States to provide incentives to natural gas distribu- H. Rept. 116–366) that seeks to strike Section 2, tion systems; H.R. 5541, a bill to amend the Energy which directs the EPA to designate PFAS as haz- Policy Act of 1992 to reauthorize programs to assist ardous substances under the Comprehensive Environ- consenting Indian tribes in meeting energy edu- mental Response, Compensation, and Liability Act; cation, planning, and management needs, and for Pages H128–29 other purposes; H.R. 5527, the ‘‘21st Century Power Balderson amendment (No. 6 printed in part B of Grid Act’’; H.R. 1426, the ‘‘Timely Review of Infra- H. Rept. 116–366) that seeks to prevent implemen- structure Act’’; and H.R. 5545, the ‘‘NO EX- tation of the underlying bill until after the EPA Ad- HAUST Act of 2020’’. H.R. 2906, H.R. 3361, H.R. ministrator certifies that its own PFAS Action Plan 3079, H.R. 5518, H.R. 5542, H.R. 5541, H.R. is completed; and Pages H131–32 5527, H.R. 1426, and H.R. 5545 were forwarded to Pappas amendment (No. 13 printed in part B of the full Committee, without amendment. H. Rept. 116–366) that seeks to require the Admin- UNDERSTANDING THE IMPORTANCE OF istrator of the Environmental Protection Agency to DHS PREPAREDNESS GRANTS: review and develop effluent standards, pretreatment PERSPECTIVES FROM THE FIELD standards, and water quality criteria for PFAS under Committee on Homeland Security: Subcommittee on the Federal Water Pollution Control Act. Emergency Preparedness, Response, and Recovery Pages H137–39 held a hearing entitled ‘‘Understanding the Impor- H. Res. 779, the rule providing for consideration tance of DHS Preparedness Grants: Perspectives from of the bill (H.R. 535) was agreed to yesterday, Janu- the Field’’. Testimony was heard from W. Greg ary 8th. Kierce, Director, Jersey City Office of Emergency Consensus Calendar: Representative Stivers pre- Management and Homeland Security, New Jersey; sented to the clerk a motion to place on the Con- Michael A. Sprayberry, Director, North Carolina sensus Calendar the bill H.R. 4305, to direct the Emergency Management, North Carolina Office of Secretary of Veterans Affairs to carry out a pilot pro- Recovery and Resiliency; John J. Miller, Deputy gram on dog training therapy, it having accumulated Commissioner, Intelligence and Counterterrorism, 290 cosponsors. Page H148 New York City Police Department; and a public witness.

VerDate Sep 11 2014 18:15 Jan 16, 2020 Jkt 099060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\RECORD20\JANUARY\D09JA0.REC D09JA0 sradovich on DSKJLST7X2PROD with CONG-REC-ONLINE January 9, 2020 CONGRESSIONAL RECORD — DAILY DIGEST D29 2020 ELECTION SECURITY-PERSPECTIVES General Todd T. Semonite, Chief of Engineers and FROM VOTING SYSTEM VENDORS AND Commanding General, U.S. Army Corps of Engi- EXPERTS neers. Committee on House Administration: Full Committee REVIEWING THE AVAILABILITY OF held a hearing entitled ‘‘2020 Election Security-Per- RESOURCES TO ADDRESS VETERAN spectives from Voting System Vendors and Experts’’. HUNGER Testimony was heard from Mike Gianasi, County Committee on Veterans’ Affairs: Subcommittee on Eco- Clerk and Recorder, Christian County, Taylorville, nomic Opportunity held a hearing entitled ‘‘Review- Illinois; Donald Palmer, Commissioner, Election As- ing the Availability of Resources to Address Veteran sistance Commission, Silver Spring, Maryland; and Hunger’’. Testimony was heard from Thomas public witnesses. O’Toole, Senior Medical Advisor, Providence VA REACHING HARD-TO-COUNT Medical Center, Veterans Health Administration, COMMUNITIES IN THE 2020 CENSUS Department of Veterans Affairs; Christine Going, Committee on Oversight and Reform: Full Committee Co-Chairperson, Veterans Heath Affairs Ensuring held a hearing entitled ‘‘Reaching Hard-to-Count Veterans Food Security Workgroup, Veterans Health Communities in the 2020 Census’’. Testimony was Administration, Department of Veterans Affairs; heard from public witnesses. Pamilyn Miller, Administrator, Food and Nutrition Service, Department of Agriculture; and public wit- MISCELLANEOUS MEASURE nesses. Committee on Science, Space, and Technology: Full Com- mittee held a markup on H.R. 5260, the ‘‘Pro- Joint Meetings moting Research and Observations of Space Weather to Improve the Forecasting of Tomorrow Act’’. H.R. No joint committee meetings were held. 5260 was ordered reported, as amended. f FARMING IN THE 21ST CENTURY: THE NEW PUBLIC LAWS IMPACTS OF AGRICULTURE TECHNOLOGY (For last listing of Public Laws, see DAILY DIGEST, p. D10) IN RURAL AMERICA H.R. 1424, to amend title 38, United States Committee on Small Business: Subcommittee on Innova- Code, to ensure the Secretary of Veterans Affairs per- tion and Workforce Development held a hearing en- mits the display of Fallen Soldier Displays in na- titled ‘‘Farming in the 21st Century: The Impacts of tional cemeteries. Signed on January 7, 2020. (Pub- Agriculture Technology in Rural America’’. Testi- lic Law 116–106) mony was heard from public witnesses. f PROPOSALS FOR A WATER RESOURCES COMMITTEE MEETINGS FOR FRIDAY, DEVELOPMENT ACT OF 2020 JANUARY 10, 2020 Committee on Transportation and Infrastructure: Sub- (Committee meetings are open unless otherwise indicated) committee on Water Resources and Environment held a hearing entitled ‘‘Proposals for a Water Re- Senate sources Development Act of 2020’’. Testimony was No meetings/hearings scheduled. heard from Rickey Dale James, Assistant Secretary of the Army (Civil Works), Office of the Assistant Sec- House retary of the Army—Civil Works; and Lieutenant No hearings are scheduled.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 3 p.m., Monday, January 13 9 a.m., Friday, January 10

Senate Chamber House Chamber Program for Monday: Senate will resume consideration Program for Friday: Complete consideration of H.R. of the nomination of Peter Gaynor, of Rhode Island, to 535—PFAS Action Act. be Administrator of the Federal Emergency Management Agency, Department of Homeland Security, and vote on the motion to invoke cloture thereon at 5:30 p.m.

Extensions of Remarks, as inserted in this issue

HOUSE Hastings, Alcee L., Fla., E20 Perlmutter, Ed, Colo., E19 Johnson, Dusty, S. Dak., E18, E21 Perry, Scott, Pa., E22 Axne, Cynthia, Iowa, E18 Katko, John, N.Y., E22 Scalise, Steve, La., E18 Bucshon, Larry, Ind., E21 Lewis, John, Ga., E19, E20, E21 Scott, David, Ga., E18 Cisneros, Gilbert Ray, Jr., Calif., E17 McGovern, James P., Mass., E20 Tlaib, Rashida, Mich., E17, E19 Cohen, Steve, Tenn., E20 Neguse, Joe, Colo., E17 Torres, Norma J., Calif., E22 Costa, Jim, Calif., E21 Pallone, Frank, Jr., N.J., E20 Vela´ zquez, Nydia M., N.Y., E22 Gosar, Paul, Ariz., E22 Pelosi, Nancy, Calif., E17 Wittman, Robert J., Va., E21

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