Senate TUESDAY, SEPTEMBER 18, 2018

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

Vol. 164 WASHINGTON, TUESDAY, SEPTEMBER 18, 2018 No. 155 House of Representatives The House was not in session today. Its next meeting will be held on Thursday, September 20, 2018, at 9:30 a.m. Senate TUESDAY, SEPTEMBER 18, 2018

The Senate met at 10 a.m. and was U.S. SENATE, until they leaked it to the press on the called to order by the Honorable CINDY PRESIDENT PRO TEMPORE, eve of the scheduled committee vote. Washington, DC, September 18, 2018. HYDE-SMITH, a Senator from the State But as my colleague, the senior Sen- of Mississippi. To the Senate. ator from Texas, said yesterday, the f Under the provisions of rule I, paragraph 3, of the Standing Rules of the blatant malpractice demonstrated by PRAYER Senate, I hereby appoint the Honorable our colleagues across the aisle will not The Chaplain, Dr. Barry C. Black, of- CINDY HYDE-SMITH, a Senator from the stop the Senate from moving forward fered the following prayer: State of Mississippi, to perform the du- in a responsible manner. Let us pray. ties of the Chair. As I said yesterday, I have full con- Eternal God, whose mercy is great ORRIN G. HATCH, unto the Heavens, help us to do what is President pro tempore. fidence in Chairman GRASSLEY to lead right. May we not forget that You are Mrs. HYDE-SMITH thereupon as- the committee through the sensitive the judge of the Earth and that we are sumed the Chair as Acting President and highly irregular situation in which accountable to You. Protect us from pro tempore. the Democrats’ tactics have left all of our enemies, for we place our trust in f us—all of us—Judge Kavanaugh, Dr. You. RECOGNITION OF THE MAJORITY Ford, and the entire Senate. Lord, sustain our Senators. Surround LEADER Dr. Ford will be heard, and, of course, them with the shield of Your favor as Judge Kavanaugh will have the oppor- they seek to live for Your glory. Has- The ACTING PRESIDENT pro tem- ten the day when the just rule of Your pore. The majority leader is recog- tunity to defend himself against this Kingdom shall fill the Earth with nized. accusation—an accusation that he has health and life and peace. Be exulted, O f unequivocally denied and that stands God, above the Heavens. Let Your NOMINATION OF BRETT at odds with every other piece of the glory be over the Earth. KAVANAUGH overwhelming positive testimony we We pray in Your great Name. Amen. Mr. MCCONNELL. Madam President, have received about his character from f yesterday, Senator GRASSLEY an- his close friends, colleagues, and law PLEDGE OF ALLEGIANCE nounced that the Judiciary Committee clerks, from the distant past to the will continue its hearings for Judge The Presiding Officer led the Pledge present day, including the high school Brett Kavanaugh’s nomination to the of Allegiance, as follows: years during which this misconduct is Supreme Court on Monday morning. alleged to have taken place. I pledge allegiance to the Flag of the Dr. Christine Blasey Ford of California United States of America, and to the Repub- and Judge Kavanaugh have both been So this alleged incident is completely lic for which it stands, one nation under God, at variance with his entire history. He indivisible, with liberty and justice for all. invited to testify under oath. Dr. Ford will have the opportunity to welcomes the opportunity to address f offer sworn testimony. She commu- the committee about this claim. APPOINTMENT OF ACTING nicated with the ranking Democrat on But, colleagues, we should not have PRESIDENT PRO TEMPORE the committee in writing nearly 7 gotten to this point in this manner, at The PRESIDING OFFICER. The weeks ago, but through no fault of this time. That this process has played clerk will please read a communication hers, Senate Democrats chose to play out with so little order and so little to the Senate from the President pro politics and keep it secret throughout sensitivity lies solely at the feet of tempore (Mr. HATCH). the entirety of Judge Kavanaugh’s reg- The senior assistant legislative clerk ular confirmation process. They sat on Senate Democrats who sought political read the following letter: this information for nearly 7 weeks, advantage in leaking this to the press

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

S6197

VerDate Sep 11 2014 01:54 Sep 20, 2018 Jkt 079060 PO 00000 Frm 00001 Fmt 4637 Sfmt 0634 E:\RECORD18\SEPTEMBER\S18SE8.REC S18SE8 abonner on DSKBCJ7HB2PROD with CONG-REC-ONLINE S6198 CONGRESSIONAL RECORD — SENATE September 18, 2018 instead of vetting it through proper the Departments of Labor, Health and located rural workers—both key prior- channels. Human Services, Education, and De- ities in States like Kentucky and But this is where we are. So on Mon- fense. It is the second minibus con- around the country. day Chairman GRASSLEY and our col- ference report we have taken up in So to sum up, there is more support leagues on the Judiciary Committee what has already been an important for the best trained, best equipped, and will reconvene. They and the American year for regular appropriations. strongest military force in the world people will hear testimony under oath. Thanks to the leadership of Senators and more support for the health and f SHELBY and LEAHY, all 12 spending bills prosperity of American communities were favorably reported from the Ap- and workers—all the more reasons why OPIOID EPIDEMIC propriations Committee by the end of I will be proud to vote for this legisla- Mr. MCCONNELL. Madam President, June, the fastest pace in 30 years. For tion and why I urge every one of my on an entirely different matter, yester- the first time in 15 years, the Senate colleagues to join me. day the Senate sent a message to the passed our Labor-HHS-Education bill f millions of Americans who have per- before the beginning of the fiscal year. sonally done battle with addiction to These milestones may sound like in- ORDER OF PROCEDURE opioids and prescription drugs. We sent side baseball, but what they signify is Mr. MCCONNELL. Madam President, a message to the families who have a Senate that is getting its appropria- I ask unanimous consent that notwith- watched our Nation’s drug overdose fa- tions process back on track, a Senate standing the provisions of rule XXII, talities double in the last decade alone; that is attending to vital priorities for the Senate vote on the motion to in- to those in recovery who have strug- our country. The package we are vot- voke cloture on the conference report gled to access the housing and work op- ing on today will account for over half to accompany H.R. 6157 at 12 noon portunities they need to get back on of the Federal discretionary spending today; further, that if invoked, all time their feet; to the Governors, mayors, for next year. Critically, after sub- be considered expired and the Senate and local leaders who have seen com- jecting America’s All-Volunteer Armed vote on adoption of the conference re- munities from rural towns to inner cit- Forces to years of belt-tightening, this port. ies literally hollowed out and threat- legislation will build on our recent The ACTING PRESIDENT pro tem- ened by this epidemic; to the police, progress in rebuilding the readiness of pore. Is there objection? firefighters, paramedics, and other first our military and investing more in the Seeing none, it is so ordered. responders whom our Nation has asked men and women who wear the uniform. to confront this crisis, often without This conference report increases appro- f all of the specialized training and re- priations in the Department of Defense RESERVATION OF LEADER TIME sources they need; and to every Amer- by $19.8 billion over fiscal year 2018 lev- The ACTING PRESIDENT pro tem- ican affected by the opioid epidemic. els. Once enacted, our warfighters will pore. Under the previous order, the The landmark legislation the Senate have certainty in their funding—on leadership time is reserved. passed yesterday says: The Nation will time, on October 1, for the first time in not stand for this. More help is on the 10 years. f way. Yesterday evening we voted to First and foremost, this reflects a CONCLUSION OF MORNING build on Congress’s prior efforts and major investment in personnel—more BUSINESS deliver more relief to the communities resources for recruiting the forces that The ACTING PRESIDENT pro tem- that need it most. our military commanders have called This landmark legislation addresses for and the largest servicemember pay pore. Under the previous order, morn- the crisis at every step of the way. It increase in nearly a decade. It fully ing business is closed. contains provisions to cut down on funds the Pentagon’s stated requests f fentanyl and other illegal drugs coming for operational support, including hun- DEPARTMENT OF DEFENSE AND across our borders, to reform how pain- dreds of billions in base support and LABOR, HEALTH AND HUMAN killers are prescribed and packaged, to maintenance funding, ensuring that SERVICES, AND EDUCATION AP- invest in comprehensive opioid recov- critical ongoing missions continue at PROPRIATIONS ACT, 2019—CON- ery centers, and to provide for more Fort Knox, Fort Campbell, and the FERENCE REPORT long-term medical research. Blue Grass Army Depot in Kentucky It also contains two provisions I was and at installations all around the The ACTING PRESIDENT pro tem- pleased to secure for my fellow Ken- world. pore. Under the previous order, the tuckians and for the whole country. It also supports our National Guard Senate will resume consideration of The CAREER Act will help individuals and Reserve components, including the conference report of H.R. 6157, in recovery to find housing and the job many of the important missions exe- which the clerk will report. opportunities they need to rebuild lives cuted by the Kentucky National Guard. The senior assistant legislative clerk of sobriety, and the Protecting Moth- The bill further ensures that combat read as follows: ers and Infants Act will help the Fed- units are equipped with overwhelming, A conference report to accompany H.R. eral Government to do more to support cutting-edge capabilities: critical fund- 6157, an act making appropriations for the pregnant women and to protect unborn ing for aircraft and aviation programs, Department of Defense for the fiscal year for new battle force ships, and hun- ending September 30, 2019, and for other pur- children from these drugs. This land- poses. mark legislation is like a Swiss Army dreds of millions for our missile de- knife that will help the Federal Gov- fense capabilities. The ACTING PRESIDENT pro tem- ernment to fight opioid addiction in In addition to our Armed Forces, this pore. The assistant Democratic leader. many different ways. bill will also provide for communities NOMINATION OF BRETT KAVANAUGH I am grateful to Chairman ALEX- wounded by drug addiction, for families Mr. DURBIN. Madam President, I ANDER for assembling this package, in- working hard to save for college tui- think it is important for us at this mo- tegrating the input of more than 70 tion, and for workers who are trying to ment to reflect on a little Senate his- Senators and shepherding it through catch up in ever-evolving industries. tory. This goes back to the year 1991, 27 passage. Under the Labor-HHS-Education years ago. It was a chapter in the his- f title, this package would fund critical tory of the Senate and the Senate Judi- medical research at the National Insti- ciary Committee that many people who CONFERENCE REPORT ON tutes of Health, ongoing support for lived through it either as observers or APPROPRIATIONS State opioid response grants, and ap- participants will never forget. It refers Mr. MCCONNELL. Madam President, prenticeship and job training pro- to the hearings for the approval of the on one final matter, currently before grams. It sets aside special funds for nomination of Clarence Thomas to the the Senate is a crucial appropriations priorities like combatting infectious Supreme Court. measure for the upcoming fiscal year: diseases that ride on the coattails of Let me read to you a summary of the conference report that will fund the opioid epidemic and retaining dis- what occurred.

VerDate Sep 11 2014 23:37 Sep 18, 2018 Jkt 079060 PO 00000 Frm 00002 Fmt 4637 Sfmt 0634 E:\CR\FM\G18SE6.001 S18SEPT1 SSpencer on DSKBBXCHB2PROD with SENATE September 18, 2018 CONGRESSIONAL RECORD — SENATE S6199 After Anita Hill alleged that Judge both before the Judiciary Committee. as to the Republicans, to initiate the Clarence Thomas had sexually harassed Let’s hear their testimony before we very FBI investigation that is nec- her, the full Senate on October 8, 1991, make a decision. essary, certainly of Brett Kavanaugh’s agreed by unanimous consent to delay In many cases since Dr. Ford’s alle- comments, as well as Dr. Ford’s com- a vote on Thomas’ nomination to the gations have come forward, Repub- ments about this episode. I think, at a Supreme Court until October 15. licans have prejudged this and dis- minimum, that should be done. Let me underline that. The full Sen- missed it as political. What has been said by the majority ate agreed by unanimous consent to Let me say a word about my friend leader this morning, and I quote him: delay the vote after the allegations and the ranking Democrat in the Sen- ‘‘So little order and so little sensi- surfaced. ate Judiciary Committee, Senator tivity’’—I think Senator FEINSTEIN Three days later, beginning on Octo- DIANNE FEINSTEIN. Senator FEINSTEIN from the start showed sensitivity to ber 11, the Senate Judiciary Committee faced a choice that none of us would the reality of the victims of sexual as- held public hearings over the course of want to deal with. I think she did it re- sault. I applaud her for that. I think it 3 days, enabling Clarence Thomas, sponsibly. She received, through a was a humane approach, a sensible and Anita Hill, and other witnesses to tes- Member of Congress, a letter making rational approach on her part to work tify in an opening setting. Two days the allegations against Judge with Dr. Ford to the point where she after the hearings ended, on October 15, Kavanaugh, but it was clear in that was willing to speak publicly about it. the Senate then voted on Thomas’ letter that the woman making the alle- Sensitivity, you know, goes in both di- nomination. gations did not want her identity dis- rections, both to the Kavanaugh fam- However, we have learned subse- closed. The woman claimed to have ily, as well as to the Ford family in quently that this process was rushed to been victimized by Brett Kavanaugh, this circumstance. a point where information came out and she did not want her name made In terms of order, it is difficult to after the hearings that, in fact, several public. What was Senator FEINSTEIN to judge when a person is willing to make other women had made similar allega- do at that point—ignore her request, a decision. Obviously, after 6 weeks, tions. make it public to the embarrassment Dr. Ford made the decision that she Having said that, according to press of her and her family? would go public. That was not a time- reports from 1991, Anita Hill faxed her Senator FEINSTEIN did not believe table established by Senator FEINSTEIN four-page statement, making the alle- that is what she should have done, and for anyone else. It was one she had to gations to the Judiciary Committee on she didn’t. She continued to work with come to grips with in her own mind September 23, 1991. Then the Senate Dr. Ford. She reached out to her per- from her personal point of view and her Judiciary Committee chairman, Joe sonally. She discussed the matter with family’s point of view. Biden, in turn, passed that information her attorney. When I hear statements It is ironic that just a few weeks ago on to the White House and the FBI. on the floor from the Senate majority we had a hearing before the Senate Ju- On the same day that this letter was leader that suggest there was a leaking diciary Committee on this issue. I hope faxed to the Senate Judiciary Com- to the press, I don’t know where he is my Republican colleagues will think mittee, on September 23, 1991, White pointing his finger, but he shouldn’t about that hearing and some of the things that were said. I hope they will House Counsel C. Boyden Gray ordered point it at Senator FEINSTEIN. She is the FBI to investigate Anita Hill’s alle- an honorable person, and she is a per- treat Dr. Ford’s allegations with the gations. The FBI spent 2 days inves- son who is sensitive to the reality of a seriousness and dignity that survivors tigating the allegations, including con- victim and the fact that some of them of sexual assault deserve. Chairman CHUCK GRASSLEY, who is ducting interviews with Anita Hill and are afraid to step forward and tell their my friend, made a statement during Clarence Thomas, and completed its re- story publicly. I think that is what oc- that committee hearing on June 13. It port on September 25, 1991. curred here. was a hearing about the sexual harass- I recount that history because it is The time came when the story did ment perpetrated by a Federal judge, remarkable in light of what we have leak to some credible—or maybe not Alex Kozinski. CHUCK GRASSLEY was witnessed with the allegations of Dr. credible; I don’t know, I couldn’t char- addressing victims who spoke out Ford. First, the Senate, by unanimous acterize them—but some publication against Judge Kozinski’s harassment. consent—Democrats and Republicans— known as the Intercept. It started to This is what he said: once that allegation surfaced by Anita make the rounds. At that point, things Speaking out against powerful federal Hill, voted to delay the vote on Thom- started changing. It changed for the judges in a system that doesn’t always pro- as’s nomination. Secondly, when the committee. Senate Judiciary Demo- tect victims takes tremendous courage. But Senate Judiciary Committee chairman, crats met last week, talked it over, and because of your bravery— Joe Biden, turned over the allegation, said that we believe we should refer Referring to these witnesses— on the very day it was received at the what we have, redacted, to the Federal we can hopefully begin to make real, signifi- White House, the White House Counsel, Bureau of Investigations. We did. Then cant changes to these power imbalances that C. Boyden Gray, ordered an investiga- it was sent to the White House. allow harassment to thrive. tion by the FBI. We did that unanimously. Then, of I think I have a dual responsibility in Apparently, at that moment in his- course, the decision was made over the serving on the Senate Judiciary Com- tory, Democrats and Republicans in weekend by Dr. Ford that she was will- mittee: a responsibility to fairness the Senate and on the Judiciary Com- ing to go public. I don’t think that was when it comes to the allegations made mittee and in the White House at least an easy decision for her. Clearly, it by Dr. Ford and responsibility, when it wanted to maintain an open mind as to wasn’t, because for weeks she made it comes to fairness, to Brett Kavanaugh whether there was truth to the allega- clear to Senator FEINSTEIN and others in this circumstance as well. That tions and ordered an FBI investigation. that she didn’t want her identity dis- means that I am not allowed, in my Contrast that with what we are going closed. It is understandable. Look at own mind, to prejudge this and to say through here. Contrast that with the the attacks she has faced already and automatically that Dr. Ford is right or fact that many, including the majority what she is likely to face in the future. automatically Judge Kavanaugh is leader, who just spoke, have already It is a reality of sexual harassment and right. presumed that any allegations by Dr. sexual assault that victims are reluc- What I need, what the American peo- Ford should not be taken seriously tant to speak for fear of what will hap- ple need, are the facts. We should hark- and, as he said over and over again, pen to them and their family as a re- en back to what occurred before with that Judge Kavanaugh deserves the sult of it. President Bush and C. Boyden Gray, benefit of the doubt in this cir- Now we have the situation where we his counsel, when they ordered an in- cumstance—or more. do not have an investigation of Dr. vestigation by the FBI. That should That is a departure from where we Ford’s allegations by the Federal Bu- occur now. If we are going to have a were 27 years ago when a credible alle- reau of Investigation. This morning, hearing on Monday, we should walk gation appeared and both sides stepped the Senate Judiciary Democrats are into that hearing after an investiga- back and said: Investigate it. Call them making a plea to the President, as well tion, which at least involves Brett

VerDate Sep 11 2014 03:57 Sep 19, 2018 Jkt 079060 PO 00000 Frm 00003 Fmt 4637 Sfmt 0634 E:\CR\FM\G18SE6.002 S18SEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S6200 CONGRESSIONAL RECORD — SENATE September 18, 2018 Kavanaugh being interviewed and at it, the algae is going to grow. The reservoir project and many other least involves Dr. Ford being inter- algae grows, and it turns into this projects that are in the water bill. viewed and at least involves Mark green gunk. It absorbs all of the oxy- I yield the floor. Judge, the person who has been identi- gen in the water, and it becomes a dead RECOGNITION OF THE MINORITY LEADER fied as an eyewitness to this occur- waterway. The fish can’t live because The ACTING PRESIDENT pro tem- rence being interviewed as well. There the oxygen is not there. pore. The Democratic leader is recog- could be other relevant witnesses. I There are important things in this nized. will leave it up to the FBI and their in- Water Resources Development Act, Mr. SCHUMER. Madam President, vestigation to come to that conclusion. particularly an in-excess-of-10,000-acre first, let me thank the Senator from Let’s get the facts before the Amer- reservoir that is going to be authorized Florida for his steadfast actions in the ican people. Let’s understand the seri- south of Lake Okeechobee, which Senate for many years protecting Flor- ousness of this responsibility. A life- would allow for the flow of some of ida’s waterways, which are not only a time appointment to the highest Court those discharges. treasure to Floridians but to all of us in the land is what is at stake here, as Last week, the House and the Senate in America. He deserves to be con- well as attacks on the credibility of an committees of jurisdiction resolved gratulated on that. alleged sexual assault victim and oth- their differences in conference negotia- NOMINATION OF BRETT KAVANAUGH ers who are watching this carefully in tions and reached an agreement that Madam President, last night, in the light of their own life experiences. passed in the House by a voice vote. We wake of extremely serious and trou- I hope we meet that responsibility, are going to have the WRDA bill come bling allegations about Supreme Court but we will never meet it if Senators up in the Senate. We should take it up nominee Judge Kavanaugh, Chairman continue to come to the floor and pre- and pass this bill immediately so it can GRASSLEY announced he would hold a judge the facts before any investiga- go to the White House for signature hearing of the Judiciary Committee tion, before any testimony by either of and become law so we can get to work next Monday to examine the allega- these individuals. If we are truly going on the reservoir that will be south of tions. I want to salute the six Repub- to meet our responsibility to advise Lake Okeechobee. lican Members who I believe changed and consent under the Constitution, it The reservoir is particularly impor- Senator GRASSLEY’s mind and Leader is time for us to step back, put our tant and timely right now because of MCCONNELL’s mind. Their first instinct was, of course, to rush it through, have Democratic and Republican clothes at this algae crisis in Florida. It is also a this ridiculous phone call with Repub- the door, and stand together in judg- critical piece of our broader Everglades lican staff and both of the now wit- ment of an important issue that affects restoration effort. We need additional nesses. That made no sense. But be- the future of this country and future of storage so we can move water gradu- cause a good number of our Republican the Supreme Court. ally from Lake Okeechobee, clean it friends said there ought to be a hearing I yield the floor. up, and send it south to the areas of I suggest the absence of a quorum. the Everglades that are starved for and testimony, Senator GRASSLEY and Senator MCCONNELL backed off the po- The ACTING PRESIDENT pro tem- freshwater. pore. The clerk will call the roll. One of the true champions of Ever- sition of no hearings, and we will have The senior assistant legislative clerk glades restoration, Nat Reed, passed one. It is a good thing that we will have proceeded to call the roll. away earlier this summer. I expressed hearings, and they have to be done Mr. NELSON. Madam President, I remarks on the floor of the Senate right. There must be an agreement on ask unanimous consent that the order about what he meant to our State and witnesses, and the FBI should be given for the quorum call be rescinded. to our country and its environment. I time to reopen its background check The ACTING PRESIDENT pro tem- note, today, that I am filing legislation investigation into Judge Kavanaugh to pore. Without objection, it is so or- with my colleague Senator RUBIO to dered. speak to any potential witnesses or formally rename the Hobe Sound Na- other relevant individuals and update WATER RESOURCES DEVELOPMENT ACT tional Wildlife Refuge after Nathaniel its analysis. That way, Senators will Mr. NELSON. Madam President, over Reed. have the necessary information and ex- the past few weeks, I have been meet- When we all learned the sad news in pert analysis at their disposal at the ing with residents and business owners July that Nat had passed away, there hearing, making it much less likely in South Florida who are continuing to were conversations about the most fit- that it will devolve into a he said, she experience the health impacts and the ting tribute and what it might be. said affair. financial troubles as a result of the Naming this particular refuge after Many say: Well, they have done back- persistent algae blooms which are on Nat Reed makes sense because the ref- ground check investigations several the east coast of Florida. On the west uge wouldn’t be there without his fam- times on Judge Kavanaugh. That is coast, those algae blooms that are ily. true, but none of those background in- going down the Caloosahatchee River In 1967, Nat’s father, Joseph Reed, es- vestigations brought up this specific are supercharging the red tide bacteria tablished the Reed Wilderness Seashore incident that Professor Ford says hap- in the gulf, and the profound ecological Sanctuary on the northern end of Jupi- pened. I believe that it did. Because the effect is that of dead sea life literally ter Island and had it designated as a FBI didn’t know of these allegations littering the beaches. The smell is pun- national landmark. In 1969, he gave before, reopening the background in- gent, and it is irritating. Florida Audubon the piece of land that vestigation into these specific allega- I am here to urge my colleagues to today is the island portion of the Hobe tions, interviewing Judge Kavanaugh, support the Water Resources Develop- Sound National Wildlife Refuge. Professor Ford, Mr. Judge, and all ment Act—what we refer to as the Today, the refuge provides habitat for other relevant witnesses, is necessary. WRDA bill—because it contains the au- dozens of threatened and endangered We have two diametrically opposed thorization for an important reservoir species. In fact, this stretch of beach is stories. In my view, Professor Ford is project that could help alleviate some one of the most productive sea turtle telling the truth. But if you don’t want of the discharges. nesting areas in the entire South- the hearing to be just a he said, she When discharges come out of the big eastern United States. So it is fitting said affair, an independent investiga- lake, Lake Okeechobee, that are al- that we rename the Hobe Sound Na- tion—a background check—by the FBI ready combined with local runoff and tional Refuge, which Nat Reed’s father is essential. discharges of nutrient-laden water into started, after this great American envi- This is not a criminal investigation. the waters and lakes of Florida—par- ronmentalist. It has nothing to do with the statute of ticularly the Caloosahatchee on the I urge my colleagues to pass Senator limitations. It is simply what the FBI west coast and the St. Lucie on the RUBIO’s and my bill, to take it up and does for all witnesses. When there are east coast—then all of that nutrient- pass it very soon to honor Nat Reed’s new and troubling allegations that laden water is like throwing fertilizer legacy. I urge the majority leader to emerge, there is nothing wrong—in into water. Since algae is already in call up the WRDA bill for a vote imme- fact, it is fundamentally right to re- the water, if you throw fertilizer into diately so we can get on with this new open the background investigation so

VerDate Sep 11 2014 23:37 Sep 18, 2018 Jkt 079060 PO 00000 Frm 00004 Fmt 4637 Sfmt 0634 E:\CR\FM\G18SE6.004 S18SEPT1 SSpencer on DSKBBXCHB2PROD with SENATE September 18, 2018 CONGRESSIONAL RECORD — SENATE S6201 that the FBI can query the witnesses American people will at least think Judge Kavanaugh’s complete denial involved, more so now than ever be- this Senate took a fair shot at getting credible? Both can’t be true. What Dr. cause there are two diametrically op- to the truth. Ford is saying and what Judge posed stories. It will make the hearing One additional point, Madam Presi- Kavanaugh is saying cannot be true. far more valuable because once the dent. Much of the focus these past few That is why we need hearings, that is Members see what the witnesses have days has been on the nature of the alle- why we need a bunch of witnesses, and said to the FBI, they will be able to gations themselves, but there is an- that is why we need the FBI to con- ask much better questions, and they other focus that is equally important, tinue its investigation—because there will be able to get at the truth. I think and that is Judge Kavanaugh’s credi- is an issue of credibility here. When every American wants the truth—Dem- bility. you are nominating someone to the ocrat, Republican, liberal, or conserv- Dr. Ford has made an exceptionally highest Court in the land, their credi- ative. Instead, there is still an instinct specific allegation, one she made years bility should be unimpeachable. from Leader MCCONNELL and Chairman ago—I think 6 years ago—to a family MUELLER INVESTIGATION GRASSLEY to rush these things therapist, long before Judge Mr. President, now on another mat- through. Kavanaugh was nominated for the Su- ter, last night, President Trump or- The hearings must be done right, not preme Court. She volunteered to take a dered the declassification of documents rushed, fair to both sides, respectful to lie detector test, which she passed. related to an ongoing investigation both parties, and as dignified as pos- Judge Kavanaugh, meanwhile, has into his own campaign and administra- sible under the circumstances. Sen- ‘‘categorically and unequivocally’’ de- tion, which seems to be a transparent ators and witnesses need time to pre- nied the entire story. There is no wig- attempt to give his legal team a sneak pare testimony, and Senators who are gle room in that denial. He didn’t say peek at the government’s investigative not on the committee need time to re- he didn’t remember. It is a whole and materials against this campaign. Just view and consider that testimony once complete denial. Someone is not tell- on its face alone, the action by Presi- given. There must not be a hearing on ing the truth. Someone is not telling dent Trump is an abuse of power and a Monday and then a possible vote on the the truth. direct slap in the face of the rule of law nominee a day or two after. Now, here is what President Trump and even more troubling because Presi- This morning, Chairman GRASSLEY said about sexual assault allegations, dent Trump regularly abuses power. said there would be only two witnesses. quoted in Bob Woodward’s book: Even more troubling, law enforce- That is simply inadequate, unfair, You’ve got to deny, deny, deny and push ment officials have informed Congress wrong, and a desire not to get at the back on these women. If you admit to any- that some of the disclosures will put at whole truth and nothing but the truth. thing and any culpability, then you’re dead. risk the most sensitive sources and The minority has always been able to . . . You’ve got to be strong. You’ve got to be methods of our Nation’s law enforce- request a number of witnesses to pro- aggressive. You’ve got to push back hard. ment and intelligence professionals. vide context and expert opinion to the You’ve got to deny anything that’s said There are thousands of Americans risk- about you. Never admit. committee. ing their lives as informants in our in- In this case, it certainly makes sense So the question looms, Is Judge telligence services. If they can be ex- for one witness to be Mr. Mark Judge, Kavanaugh taking a page from Presi- posed on the whim of a President for who was named in the Washington Post dent Trump’s playbook? Are the people political purposes, what does that say as present during the event in ques- advising Judge Kavanaugh telling him to them? What does that say to future tion. How could we want to get at the to follow President Trump’s dishonest recruits, to the CIA, to the NSA, and so truth and not have Mr. Judge come to strategy? We don’t know the answer, many of these other agencies that are the hearing and be asked questions? If but it is certainly an important ques- so important to our national security? the majority will not call him as a wit- tion. It is a disgrace that the President did ness—as they should if they are really If the facts of Dr. Ford’s allegations it. I have to say, it is an equal disgrace interested in getting the whole truth— prove to be true, as bad as they are, that our Republican leadership in the the minority must be able to do so. The they bring up a second point that is House lets a small band of House rene- minority has always had a right to call equally damning—that the nominee is gades, led by Chairman NUNES of the witnesses. not credible. I can’t understand why, Intelligence Committee, help under- But the bigger issue is that the com- but there are some who say: Well, it mine our intelligence agencies and the mittee must be able to call more than happened 40 years ago; we should ig- brave men and women who risk their two witnesses in total. We must not re- nore it. These are not typical things lives for us for his political purpose. peat the mistake of the Anita Hill that happened to people 40 years ago; It is just like the infamous memo hearings. They were rushed and were a these allegations are very serious stuff. prepared by Representative NUNES and debacle. Do we want to repeat that But even if people want to dismiss it— the fake wiretapping scam. President mistake? We cannot let these hearings and I hope they will not—there is the Trump and a handful of his water car- be even more rushed than the Anita issue of credibility. riers in the House are willing to go to Hill hearings. It wouldn’t be the first time ques- any length to cherry-pick, distort, and My colleagues on the other side of tions were raised about the judge’s invent materials to discredit the the aisle are so hypocritical. Leader credibility. Facing a confirmation vote Mueller investigation, even when our MCCONNELL delayed the nomination of for the DC Circuit in 2004, Brett national security and the safety of the Merrick Garland to fill the seat of the Kavanaugh told Senator FEINSTEIN millions of Americans protected by the late Justice Scalia. Leader MCCONNELL that the White House didn’t know men and women in our intelligence delayed the filling of Justice Scalia’s about any potential judicial nominees’ agencies are on the line. seat for 10 months, and now they are views on abortion in the vast majority This latest disclosure by President saying we can’t take an additional 2 of cases. Recently released emails show Trump is a blatant abuse of power. It is weeks to get to the truth of a very seri- that wasn’t entirely accurate. Judge the action of a dictator in a banana re- ous allegation? What hypocrisy. What Kavanaugh repeatedly denied knowl- public. It is not politics as usual. It is a 180-degree turn, depending on who is edge of the Bush administration’s pol- not just Democrats and Republicans charge and who is making the nomina- icy on detention and interrogation, but bandying things about. It has never tion. What a shame in this Senate. recently released emails show that really happened before. It will make Let’s not rush the hearings. Let’s not wasn’t accurate. Judge Kavanaugh de- America less safe. repeat the mistake that was made in nied working on the controversial nom- I yield the floor. the Anita Hill hearings. Let’s call all of ination of Judge William Pryor, but re- The PRESIDING OFFICER (Mr. KEN- the relevant witnesses, not just two se- cently released emails show that NEDY). The Senator from Missouri. lected by Chairman GRASSLEY, who wasn’t accurate either. H.R. 6157 didn’t want to call the hearing to begin In the case of Dr. Ford’s allegations, Mr. BLUNT. Mr. President, today we with. Let’s do this fair and full and the Senate and the American people are about to mark a milestone. Maybe right, and whatever the outcome, the must ask themselves, once again: Is it wouldn’t be a milestone for any

VerDate Sep 11 2014 23:37 Sep 18, 2018 Jkt 079060 PO 00000 Frm 00005 Fmt 4637 Sfmt 0634 E:\CR\FM\G18SE6.007 S18SEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S6202 CONGRESSIONAL RECORD — SENATE September 18, 2018 other group except for the U.S. Con- tent had gone into a stagnant, no- tainly, the apprenticeship programs gress; that milestone is getting a sig- growth mode for over a decade. are programs that Senator MURRAY has nificant part of our work done on time. This bill looks at things like Alz- advocated effectively for, both in this This will be the first time in 22 years heimer’s. We are spending well over bill and on the floor. The bill includes that we have passed the Labor-Health $200 billion a year in tax dollars for an increase for Head Start—again, get- and Human Services appropriations bill Alzheimer’s and dementia care. Now we ting kids ready to go to school—more before the start of the fiscal year. Just will spend 1 percent of that in a way title I money to support students in a few days ago was the first time in 11 that will try to find a solution. If we low-income schools and help them years this bill has even been debated on don’t find a solution, the tax dollars meet challenging State economic or the Senate floor. So we are heading in spent on Alzheimer’s disease alone are academic standards. a good direction. anticipated to increase to the size of There is an increase for the Individ- This is a bipartisan agreement. It twice today’s defense budget by 2050. uals with Disabilities Education Act, isn’t exactly the bill that I would pre- Twice what we are spending today to so students with disabilities have more fer; it isn’t exactly what my ranking defend the country is what we will be Federal encouragement, even though member Senator MURRAY would like to spending to deal with Alzheimer’s if we more of that burden is still borne lo- have done here. But working with our don’t find more ways than we know cally than was ever thought possible House colleagues and with Senator now to diagnose and delay onset. If you when the IDEA was passed. SHELBY and Senator LEAHY, we have could delay onset by 5 years, you would There is more funding for academic actually done the job this year that the cut that number by 46 percent. enrichment grants and charter schools, appropriating committee is supposed So there is a focus on research— impact aid for dedicated, evidence- to do, which is to appropriate the whether it is Alzheimer’s, based STEM education programs, and money—to decide how to spend the immunotherapy for cancer, or CRISPR for career and technical programs. people’s money that we have been en- technology. Young researchers are I will say that in the 4 years we have trusted with. back in the business of getting grants worked on this committee together, we For instance, this bill funds things that encourage them to stay in re- do have a little more funding this year like the opioid bill that 99 Senators search. That is an important part of than we had in previous years, but we voted for yesterday. It is one thing to this bill. continued to move in all of those direc- vote on a bill that says: Here is what Things we are doing with opioids— tions the first 2 years, and we did that we ought to do. It is another thing to again, yesterday was about what we by eliminating programs and com- then actually do it. Most of the things want to do; today is about whether or bining programs that weren’t working. we voted on yesterday will not happen not we are willing to do it. This con- So this bill still reflects hard choices— unless we decide to fund the things we tinues that commitment. The Council things that allow people to get to col- said we wanted to do. of Economic Advisers says that the lege, to stay in college, returning to This is one of the most difficult bills cost of opioids is more than $500 billion year-round Pell grants and increasing the maximum Pell grants. to negotiate. It is 30 percent of all non- a year in lost work, family trauma, As I said earlier, I believe, for the defense spending. It is, interestingly, other health matters that occur, and first time ever, it is on the floor with combined this year with the defense loss of life. the defense bill. It is something our bill. So you have the No. 1 priority of The No. 1 cause of accidental death leaders on both sides of the aisle the Federal Government—to defend the in America today is drug overdose. thought we might be able to do. It was, country—as part of the bill, which is 50 This bill provides $3.8 billion toward frankly, by a lot of standards, a pretty percent of all the discretionary spend- targeted opioid funding and represents bold experiment. But I believe the vote ing, and then another 12 percent or so the fourth year we have increased today is likely to show it is an experi- with the Labor-HHS bill. Sixty-two opioid treatment, prevention, and re- ment that really makes a lot of sense. percent of all of the spending the gov- covery programs. One of those pro- So I am certainly urging my col- ernment will do that we have a choice grams is $1.5 billion that would be di- leagues to support this bill today, and in—that is not mandatory spending— vided among the States to see what I thank Senator MURRAY and others happens in the bill the Senate is voting they can do in their State. Again, it is who have worked so hard to make this on today. not only the No. 1 accidental cause of happen. There is a lot of push and pull in this death in America; it is the No. 1 acci- I yield the floor. bill. In fact, our committee got 6,164 re- dental cause of death in most States in The PRESIDING OFFICER. The Sen- quests from Senators during com- the country today. ator from Washington State. mittee negotiations about things they We have $200 million for community Mrs. MURRAY. Mr. President, I cared for in this bill. There were 31 health centers to expand behavioral thank my colleague Senator BLUNT and amendments that were offered in the health and substance abuse disorders. echo his comments this morning. I debate on the bill on the floor. If you don’t have a behavioral health come to the floor to urge our col- Today’s bill, I think, reflects the pri- problem before you get addicted to leagues to support this conference re- orities of both sides of the Capitol and opioids and other drugs, you certainly port. both sides of the aisle. We fulfilled the have one after. We increase funding to I do thank Chairman SHELBY, Vice commitments the leaders made in the improve surveillance and prevention in Chairman LEAHY, Chairman FRELING- February budget agreement to keep all 50 States. HUYSEN, and Ranking Member LOWEY, the extraneous issues off these bills There are extra dollars for research as well as Leaders MCCONNELL and that fund the government. It also ful- at NIH in pain management to try to SCHUMER. Because of their hard work fills the President’s demand that he figure out a better way to manage pain and leadership, we have been able to doesn’t want any more omnibus spend- without the addictive impacts of work together across the aisle and pass ing bills. He wants these bills in small opioids. We have a set-aside for the bills under regular order in a way that packages that we can debate and he hardest hit rural communities. On a we have been unable to do for many can look at. per capita basis, rural America is much years. It invests in national priorities, like more dramatically impacted by this I also want to again thank my part- fighting the opioid epidemic, expanding opioid epidemic than urban America is. ners on the LHHS part of this bill— medical research, promoting college af- There is money here for services for Senator BLUNT, Representative COLE, fordability, and strengthening our children at risk—children who have to and Representative DELAURO—and I workforce. This bill accomplishes a be taken out of the home they are in want to recognize the effort of the huge goal that I, Senator MURRAY, and helped and assisted back to some staffs on both sides of the aisle who Senator DURBIN, Senator ALEXANDER, normal environment where a kid can worked extremely hard over the sum- and others have had for several years grow up. mer. Thank you to all who have now, which is to get back, fully com- We have money to help people in brought us this far. mitted, to health research funding, the schools to be ready to learn and to be I am very proud that we were able to NIH grant process that to a great ex- prepared for careers and training. Cer- negotiate and pass our bill through our

VerDate Sep 11 2014 23:37 Sep 18, 2018 Jkt 079060 PO 00000 Frm 00006 Fmt 4637 Sfmt 0634 E:\CR\FM\G18SE6.009 S18SEPT1 SSpencer on DSKBBXCHB2PROD with SENATE September 18, 2018 CONGRESSIONAL RECORD — SENATE S6203 committees and the Senate floor of says we should pass a budget by April what is in that appropriations bill Congress—something that has not been 15 of every year and then follow that when it covers everything and results done here on the Senate side for over a with 12 appropriations bills that fill in in trillions of dollars of spending is decade—and that we were able to work the spaces in that budget. That turned pretty limited. together to get this conference report out to be much more complicated, dif- The President was correct in his ad- done. I believe this was possible be- ficult, and politically challenging than monition, his desire, to see that we get cause we rejected partisanship and poi- I would have hoped. spending bills done and avoid another son pill riders and worked together to As a member of the Appropriations Omnibus appropriations bill. I want to make strong investments in families, Committee, I want this to work, but as thank both sets of leadership—the full patients, students, children, workers, a representative of taxpayers in Kansas Senate leadership and the Appropria- and our middle class. and across the country, I need the ap- tions Committee leadership—for their Our bill builds on the strong work we propriations process to work. It is the efforts to get us back to what we have done to increase access to child place we establish priorities. Spend around here call regular order, and I care and early learning. It includes tar- more money here, less money here, no am pleased to see we are moving sol- geted funding to address the opioid epi- money here—those are important deci- idly in that direction. demic, especially in underserved areas, sions that need to be made every year. I applaud these developments, but I and significant new resources to ad- It is also the opportunity we have to continue to believe that all 12 appro- dress the truly alarming issue of ma- send messages and directives to the ad- priations bills should continue to be worked on and should be pursued to- ternal mortality. Senator BLUNT just ministration. By the administration, I went through much of what is in this mean Cabinet Secretaries, Bureau ward a final conclusion between now bill, so I will not repeat that but will Chiefs, and Agency heads. and the end of the fiscal year or cer- just echo that we have done much in The power of the purse string is an tainly between now and December 7, a this bill for a lot of our families. I am important tool for Congress under arti- date that is established in the legisla- proud of the work we have been able to cle I of the U.S. Constitution to direct tion we are soon to vote on. We should not simply kick the can. do. how taxpayer dollars are spent in the That proverbial can has been kicked I do want to note, I was disappointed United States. It is a cause of mine to down a long road for a long time, and that we were unable to include lan- see that the appropriations process those 12 appropriations measures guage clarifying that the Department works so we can establish those prior- should be completed. We should work of Education can’t allow title IV fund- ities but also so we can have input into quickly among ourselves, with a sense ing to be used to arm teachers and put any administration’s intentions to es- of cooperation and for a desired out- more guns into our schools. I believe tablish rules and regulations, develop come, to see that our work is done. Congress was clear when we passed the new policies. The power of the purse COMMERCE, JUSTICE, AND SCIENCE bipartisan Every Student Succeeds string should be exhibited by Congress in a way that allows us, on behalf of APPROPRIATIONS Act; that is not what the funds are in- Mr. President, of those 12 appropria- the citizens of this country, to have tended for. I was heartened to hear tions bills, I have the privilege of work- input into what goes on in any admin- many Republicans on our committee ing with the Senator from New Hamp- istration. agree. I had hoped we could clarify this shire, Mrs. SHAHEEN, the vice chairman further for Secretary DeVos in our bill, We are doing much better than we have been for a long time. This has of that committee. I serve as the chair- and I do want Senators to know that I man of the subcommittee called CJS. will keep working with Democrats and been a year of success. The Senate Ap- propriations Committee has passed all Again in our words, the C, J, and S Republicans to keep the pressure on stand for Commerce, Justice, and 12 bills from the Appropriations Com- her to do the right thing. Science. We are on the floor today—in mittee, and we will today pass several The conference report we will be vot- particular, Senator SHAHEEN and I—to more on the Senate floor. The goal ing on today is a product of hard work encourage that bill not be left behind would be, in my view should be, that and a commitment to bipartisanship. I and that it, too, be considered on the we complete all 12 bills hopefully be- am really glad we are taking this next Senate floor as it has come out of the fore the end of the fiscal year, which step and moving it closer to becoming Appropriations Committee on a vote of ends on September 30, but more likely law. 30 to 1. I suppose you can say it could between now and the end of November Again, I thank Chairman SHELBY, be slightly more unanimous than that or early December. Senator DURBIN, Representative if it had been 31 to 0, but there is broad We have had significant guidance GRANGER, and Representative VIS- support—Republicans and Democrats— certainly from the majority and minor- CLOSKY for their work and leadership for the legislation we have crafted that ity leaders of the U.S. Senate, but espe- on the defense side of this bill. I en- deals with very important issues for cially with the help of RICHARD courage all of our colleagues to vote in the citizens of our Nation. support of this conference report. SHELBY, the chairman of the Appro- I want to make certain the message I yield the floor. priations Committee, and the vice is delivered that we stand ready to I suggest the absence of a quorum. chairman of the Appropriations Com- work with our House colleagues and The PRESIDING OFFICER. The mittee, the Senator from Vermont, Mr. with the administration to see that the clerk will call the roll. LEAHY, in avoiding the usual conten- Commerce-Justice-Science bill ulti- The legislative clerk proceeded to tious issues in our appropriations bills mately passes the Senate and the call the roll. that then cause this deadlock to occur House and is signed into law by the Mr. MORAN. Mr. President, I ask with no result, no capability of moving President. unanimous consent that the order for appropriations bills. Way too often, the In particular, I also would raise four the quorum call be rescinded. end result has been what be we call a bills that have been packaged together The PRESIDING OFFICER. Without CR, a continuing resolution, that funds after having had their approval by the objection, it is so ordered. the Federal Government next year at U.S. Senate Committee on Appropria- APPROPRIATIONS PROCESS the same level as it does last year, as tions. There are four subcommittee Mr. MORAN. Mr. President, I want to it was funded in the previous year, or bills that are awaiting final resolution. speak on the appropriations process. I ultimately it can end up in an omnibus It sounds like, from everything I can am pleased we are moving forward, and spending bill in which all the spending understand, with a modest level of co- in a few short minutes we will have a is combined. The opportunity for us as operation, those bills could also be couple of additional votes in regard to members of the Appropriations Com- completed, and those bills are: Interior, appropriations bills. mittee but equally or more impor- Transportation, Financial Services, I want to acknowledge the recent tantly Members of the U.S. Senate and and Agriculture. Again, without excep- success we have had in moving our ap- the U.S. House of Representatives to tion, all of them are important to Kan- propriations process forward. One have input into those spending items is sans and important to the country. would think we would easily be able to greatly diminished, and the amount of We have come extremely far, and we meet our legislative mandate. The law knowledge of what one can have about are so close. Please do not let this

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We worked to- their products abroad. tangentially before I arrived as the new gether—Senator SHAHEEN and I—to re- Additionally, one would think that chairman of the subcommittee a few solve those differences. We have at this point in time, it is probably months earlier this year, and I want to worked with our Republican and Demo- nothing that we think about easily, but compliment her and express my grati- cratic colleagues on our subcommittee if we think about the point in time tude for the manner in which she has and on the full committee to reach a where we are in the calendar, the cen- treated me and the respect that we resolution that was satisfactory broad- sus is approaching in 2020, the decen- have developed, in my view, for each ly—again, a 30-to-1 vote. nial census. The Census Bureau is en- other and our constituencies and our It is important, having come this far, tering a critical stage of development, work. We bring ideas to the table, we that we don’t stop now, and we are here and as it prepares for the 2020 census, sort them out, and we work hard to ac- to again express our willingness to the funding in this bill—the CJS bill complish an end result. I don’t think work in every way possible with House for fiscal year 2019—allows the census any of us came to the Senate for the colleagues to make certain these bills to prepare to execute its constitutional purpose of just having our name on the are fully considered and passed. responsibilities. door or perhaps a nice office. We came These bills are important. They are Data from the census is so impor- here to accomplish good work on behalf important for what, in our case, CJS tant. It needs to be accurate and cor- of the American people. This appro- includes. As we look at crime statistics rect because it facilitates the distribu- priations bill is an example of that. It today in this country, one would think tion, for example, of billions in Federal needs to be concluded, and it would we would be focused on what resources funding for grants supporting States, only be in the position that it is be- our law enforcement officials need, and counties, and municipalities deter- cause of the character, the abilities, CJS—the J stands for justice—funds mined upon the population of those the intellect, and the capabilities of law enforcement and funds the Federal communities. my colleague from New Hampshire, Congressional reapportionment will aspect of enforcement of our laws in Senator SHAHEEN. occur using that census data. There are this country, and this funding is the I yield the floor to her. so many reasons that we want to make partnership that works with local and The PRESIDING OFFICER. The Sen- certain the dollars and the resources ator from New Hampshire. State law enforcement officials to com- are available, and this bill addresses Mrs. SHAHEEN. Mr. President, I bat increasing crime. those priorities. want to start by thanking my col- This bill involves national security Furthermore, the Senate CJS bill league and chairman, Senator MORAN, in so many ways, and economic devel- maintains strong support for science for his very kind remarks and for his opment is so important, particularly to and innovation by crafting a balanced leadership on the Commerce, Justice, a State like mine, which is rural. While space program within NASA, and it Science, and Related Agencies Sub- the national statistics suggest that the contains increased funding for the Na- committee of the Appropriations Com- economy is increasing and that job tional Science Foundation and for mittee. growth is occurring, it is less likely to NOAA. As he says, it has been a great part- see that in my home State of Kansas. The Senate CJS bill includes funding nership this year. It has involved give We need to make certain that we de- for the NOAA satellite and data im- and take. We both have compromised. vote the necessary attention and re- agery programs, which support the Na- Neither of us has gotten everything we sources toward job creation and so- tional Weather Service’s ability to wanted for the appropriations, for the called economic development. timely issue warnings in advance of se- committee, for our States, or for the Scientific research and space explo- vere weather. It is demonstrated by the country, but I think we made a com- ration are awfully important and are agency’s continued response to Hurri- mitment that I think has been shared included in the appropriate way at an cane Florence’s assault on the Caro- by the Appropriations Committee as a appropriate level, and, certainly, there linas and severe flooding throughout whole that we were going to get back is an agreed-upon level of funding in the east coast. to regular order of passing these appro- support of those programs. This data and information accumu- priations bills, of funding the govern- In light of this administration’s ag- lated and distributed by NOAA helps to ment on a reasonable timetable that gressive trade agenda, the CJS bill pro- keep Americans safe. It also provides people could count on. That is what vides increased funding for several of valuable information to members of this bill represents, and I applaud Sen- the Federal agencies involved in pro- our ag community at home, where we ator MORAN and all of the staff, the moting U.S. trade and our products experience the opposite of floods— majority and the minority staff, who abroad and in enforcing trade. As we droughts—and other intense storms. have worked with us to get this done. engage in the trade policies that we are The bill supports Federal law en- I also want to congratulate, as you currently engaged in, we ought to be forcement, as I indicated, providing did, Senator MORAN, Chairman SHELBY doing everything we can to export grant funding for State and local and and Vice Chairman LEAHY on moving around the world, and the CJS appro- Tribal enforcement and other govern- all 12 appropriation bills out of com- priations bill highlights and prioritizes mental entities—all to protect the citi- mittee in a bipartisan manner. Nine of that. zens of their community. those bills have passed the Senate by Our subcommittee, in fact, has held We have had a transparent product now. Three are already on the Presi- two hearings recently, one with Am- and have worked in a bipartisan man- dent’s desk, and the Senate today will bassador Lighthizer and then one with ner to accommodate Members’ prior- pass a conference report with two more the agencies within the Department of ities that address the needs of the Na- of those bills and a continuing funding Commerce that are responsible for tion and the needs of our constituents resolution. We expect that those bills trade issues. at home. will become law before the end of the Whether or not you agree with this I again urge the Senate not to walk fiscal year on September 30. administration’s use of tariffs and its away from this opportunity to com- This is the first time since I have general direction on trade, I would plete its work, to establish priorities, been in the Senate—I started in 2009— think, perhaps without exception, my and to give directions to those agencies when we will actually see the bills that colleagues would agree that resources within the jurisdiction of this appro- were passed out of the Appropriations are needed to help to implement a priations bill. Committee. We have seen them taken transparent and expeditious exclusion I hope we will consider CJS on the up on the floor, and we are going to see process for U.S. stakeholders—our floor quickly and send a final product them pass and get signed into law by businesses here in the United States— to the President. the President.

VerDate Sep 11 2014 23:37 Sep 18, 2018 Jkt 079060 PO 00000 Frm 00008 Fmt 4637 Sfmt 0634 E:\CR\FM\G18SE6.012 S18SEPT1 SSpencer on DSKBBXCHB2PROD with SENATE September 18, 2018 CONGRESSIONAL RECORD — SENATE S6205 Now, unfortunately, for the work to State and local governments and or- Thank you, Mr. Chairman. that we have done on CJS, the CR that ganizations working on the frontlines, I yield the floor. we are going to be acting on today infor law enforcement, for treatment and The PRESIDING OFFICER. The Sen- cludes the funding for the departments recovery, and for those resources that ator from Utah. and agencies in the Commerce-Justice- help our communities deal with the Mr. LEE. Mr. President, I am a Re- Science bill, among others, but like opioid and fentanyl crisis. publican because I am a conservative. I Senator MORAN, I believe that passing The bill also continues the COPS am a conservative because I believe the the short-term CR today should not anti-heroin task force grant program, Constitution and the ideals that it as- keep us from working to pass full-year despite efforts by the administration to serts on behalf of the American people funding for CJS. That is why we are discontinue that very effective law en- are worth protecting, worth defending, here on the floor today urging that the forcement program. I want to enact the even when they are untimely, even Senate continue to take up and pass whole CJS bill into law because I don’t when they are unpopular, and espe- the CJS appropriations bill. I am sure want to lose these critical increases in cially for the vulnerable, for the that is what Chairman SHELBY would funding that are going to support peo- marginalized, and for the forgotten support and what Vice Chairman ple in New Hampshire and across the among us. LEAHY would also support if they country who are dealing with sub- Equal rights, equal opportunity, joined us on the floor. stance use disorders. equal justice under the law, equal dig- If you have any doubts about why Senator MORAN mentioned trade and nity under God—we fail as Americans what is in the CJS bill is so important what is in this bill that is related to when we violate these ideals, when we and why we should take it up, all you trade. Our subcommittee has held two neglect them to whatever degree, when have to do is turn on the TV or have hearings on the administration’s trade we exclude some number of our neigh- watched the television coverage over policies in the last month or so, and I bors from their God-given share of our the last 4 days of Hurricane Florence think it is fair to say that at these common inheritance, when we declare as it has hit the Carolina coast. It has hearings there has been bipartisan con- in the interest of expedience and in de- caused devastation. It has caused dead- cern about the impact of the adminis- fiance of our own national creed that ly flooding. I know that we all tration’s tariffs on manufacturers, on some people somehow are less equal empathize and support the people of farmers, and on small businesses. I am than others. the Carolinas with what they are deal- hearing from small businesses in New Such was the cruelty of our Nation ing with with Hurricane Florence, but Hampshire about what they are seeing through our laws, long-visited on Afri- we have been able to predict the course as the result of these tariffs. can Americans, Native Americans, im- of that hurricane because of the Na- While I don’t support those tariffs, I migrants, and ethnic minorities, on tional Weather Service hurricane fore- think it is important that we make women, on the disabled, and on reli- casters. They got a lot right about sure that the Department of Commerce gious minorities, including religious Florence’s track, and the forecasters has the resources that are included in minorities like my own forebears as didn’t do it alone. They need models to our bill to quickly and fairly evaluate members of the Church of Jesus Christ track wind intensity, to track storm and decide on American manufactur- of Latter-day Saints. surge, to track the direction of hurri- ers’ requests for exemption from those Happily, this is no longer the case. canes, and we need researchers who are tariffs so that we can continue to pro- Happily, all of these groups—who, constantly working to improve those mote American exports abroad. taken together, comprise the vast ma- models and to make the forecasts more Also, to keep the American economy jority of all Americans—were at dif- accurate. Those predictions rely on going strong, the bill supports strong ferent times in our history affirma- satellite imagery. They rely on direct investments in research and develop- tively brought under the protection of measurements from the National Oce- ment at the National Science Founda- our laws. This work of inclusion, of ex- anic and Atmospheric Administration tion, the National Aeronautics and panding the circle of legal and con- and hurricane hunter aircraft, and all Space Administration, and especially stitutional protection, was not a nat- of those programs and initiatives are at the National Oceanic and Atmos- ural, organic, spontaneous, evolution- funded in the Commerce-Justice- pheric Administration. ary process; it was the product of hard Science appropriations bill. That is Again, my colleague mentioned work—the work of vigilant citizens, ac- why we need to make sure the whole NASA and the breakthroughs that we tivists, and lawmakers who affirma- bill actually gets passed and signed are seeing at NASA that are helping to tively, aggressively, painstakingly ad- into law ultimately. drive innovation. This scientific inno- vanced the cause of justice at every op- The other thing that is in the CJS vation creates new discoveries that portunity, even against the entrenched bill that I think all of us share in the lead to new industries and to new forces of the political status quo. importance of in a bipartisan way is American jobs. That is good for this Republicans in this Congress have the support that it provides to address country, and we need to make sure undertaken such efforts on behalf of the opioid epidemic. This is an issue that the funding that is in this bill ac- certain priorities—in particular, the that is particularly important to us in tually gets passed out of the Senate tax relief and spending increases that New Hampshire, where we have the sec- and the Congress before we get to the are poised to yield a budget deficit of ond highest overdose death rate from next appropriations process for 2020. nearly $1 trillion this year. opioids in the country, but it is impor- Instead, today, what we are going to But no such legislative progress has tant to the entire country because do is to vote to put the agencies that been achieved advancing the right to from 2015 to 2017, the number of deaths are funded by CJS on autopilot until life nor the plight of those denied it. from drug overdoses has risen nearly 40 December through a continuing resolu- For the second straight year of unified percent, from 52,000 in 2015 to 72,000 in tion. They will spend the same amount Republican governance—unified pro- 2017. That rise was driven in large part on programs and initiatives on the life governance—Congress’s annual by continuing increases in deaths from same items with no adjustment under spending bills will include no new re- synthetic opioids, such as fentanyl, as the CR. We know that businesses don’t forms protecting unborn children or well as heroin. Of those 72,000 overdose operate this way, families don’t oper- getting Federal taxpayers out of the deaths, 30,000 are estimated to be from ate this way, and the U.S. Government abortion business. fentanyl. shouldn’t operate this way. The House version of this Health and Last year, the U.S. Surgeon General Senator MORAN and I are going to Human Services spending bill included reported that 21 million Americans continue to argue that we need to pass multiple reforms. It denied taxpayer have a substance use disorder. That is this bill. I would urge the leaders here funds to the largest abortion provider far more people than are affected by in the Senate and our leaders on the in the country, Planned Parenthood. It cancer, but only 1 in 10 is receiving any Appropriations Committee to bring the eliminated title X family planning kind of treatment. That is one of the full bill to the floor. Let’s have a ro- grants, which cross-subsidize abortion things that is so important in this CJS bust debate. Let’s pass the fiscal year providers. It prohibited Federal fund- bill, because it would provide funding 2019 Commerce-Justice-Science bill. ing of research on aborted fetal tissue.

VerDate Sep 11 2014 23:37 Sep 18, 2018 Jkt 079060 PO 00000 Frm 00009 Fmt 4637 Sfmt 0634 E:\CR\FM\G18SE6.014 S18SEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S6206 CONGRESSIONAL RECORD — SENATE September 18, 2018 It included the Conscience Protection epidemic. And, it contains no poison As the Presiding Officer knows, we Act protecting pro-life people and pill riders. have another minibus consisting of groups from funding discrimination. On the whole, the conference report four bills, and if we are able to move None of these modest, commonsense tracks very closely with the Senate those bills, and we hope we will—deal- spending reforms survived the House- version of this package, which passed ing with the House now—that will be 87 Senate negotiations—none of them. by a vote of 85 to 7. I hope it will re- percent of the whole appropriations. None was made a priority by the people ceive the same level of support today We know that is progress, but it empowered to set the priorities. and urge my colleagues to vote yes. didn’t happen by itself; it happened be- The authors of this bill defend their If this conference report is signed cause people worked together. We $1.3 trillion compromise. And of course, into law next week when the House re- worked to bring regular order. this being Washington, I know, as is al- turns, we will have funded 75 percent of Back in the spring, I talked to Sen- ways the case, that in this case, it the Federal Government before the end ator LEAHY about bringing the Appro- could always be worse. But before this of the fiscal year. And it will be the priations Committee back to where it bill passes with an overwhelming bipar- first time in a decade that our military used to be, and he said: Let’s work to- tisan supermajority as its base of sup- will not be operating under a con- gether to do it. The only way we can do port—despite it being mostly unread by tinuing resolution at the beginning of a it is to do it together. I talked to Sen- its supporters—someone ought to new fiscal year. ator MCCONNELL, Senator SCHUMER, speak up for the Americans whom this What a remarkable turn of events and Senator DURBIN. I talked to every- legislation conspicuously leaves be- from just 6 months ago, when the en- body, including the Presiding Officer hind. tire government was funded in one om- and everybody on our committee. The best measure of any government nibus spending package—6 months be- We made great progress, and I want or any policy or proposal can be meas- hind schedule. to again thank the people—starting ured according to its impact on the I think it is important to give the with Senator LEAHY, Senator MCCON- least among us. Too often today, Wash- President some credit here for the NELL, Senator SCHUMER, and Senator ington acts as though ‘‘the least among progress we are making. He has been DURBIN—who really helped this come us’’ refers to our most vulnerable in- adamant about the need to rebuild our about. I want to take a second to thank cumbents rather than our most vulner- military and fund the government in a some of the staff of the Defense Sub- able constituents. This $1.3 trillion deliberate manner. Not only do I agree committee, headed by Brian Potts and spending bill exemplifies that very con- with him, but I believe most Americans Eric Raven, along with Senators DUR- fusion and fails that very test. Under agree with him, and with this package BIN, BLUNT, and MURRAY, for their this bill, neither the unborn nor tax- we are taking an important step in work on these bills that are imminent payers are any more protected from that direction. here today. the abortion industry than they were I say to my colleagues, this is the This is a good start for us. We are not under President Obama and a unified most significant step we have taken there yet, but we are getting there. If Democratic Congress. yet, but we still have work to do. This we keep on the road and keep the I understand that fighting on conten- conference report contains a con- trains running, we are going to make tious issues comes with a cost. I under- tinuing resolution to account for the the Appropriations Committee work stand that it is not easy. But other appropriations bills not yet signed into again. things come with a cost too. It is not law. I want to stress that my col- Thank you very much. just this that comes with a cost—so, leagues should not read this as a sign Mr. DURBIN. Mr. President, I am too, does not fighting on them, espe- that we have reached an impasse with pleased that the Defense appropria- cially in the rare moments when we the House on the remaining bills in tions bill will soon pass the Senate and could win. conference. To the contrary, we are be sent to the President’s desk. This is This bill represents a significant op- very close to an agreement on four ad- a massive spending bill—$675 billion— portunity missed—and missed at a ditional bills: Interior, Financial Serv- and it has been 10 years since one was time when we can’t be sure how many ices, Transportation, and Agriculture. enacted on schedule. Passing appro- more we will be given going forward, While we still have differences to re- priations bills on time is about being how many more opportunities like this solve on each of the bills, none of them good stewards of the taxpayer’s money. one we might have. are insurmountable, in my judgement. When appropriations bills are not Some causes are worth fighting for, So we will continue to work dili- signed into law on schedule, govern- even in defeat—the God-given equal gently and hopefully return to the ment programs are put on autopilot, rights and the dignity of all human floor soon with yet another conference known as a continuing resolution, or beings paramount among them. report in hand. CR. CRs create financial headaches, in- The arc of history may, as I hope, In closing, I want to thank my col- cluding inefficiency, waste, and unnec- bend toward life, but only if we bend it. leagues once again for their help on essary additional spending. Last year, I oppose this legislation, but I do so this conference report. This is a big the Navy estimated that due to CRs, it neither in anger nor in sadness; rather, deal. Let’s keep working together to has wasted $4 billion since 2011—$4 bil- I do so in hope, looking forward to an- accomplish even more. lion. That is enough money to buy 18 other bill, another time in the not-too- Mr. President, I want to take a few F–35s or two new destroyers or 3,000 distant future, one that stands up for minutes and briefly explain to the Sen- Harpoon anti-ship missiles. Thanks to those Americans who asked nothing ate where we are on appropriations, good work on both sides of the aisle, we more than the chance to one day stand where we have come from, and where are looking at real savings in every up for themselves. we hope to go. part of the Pentagon just by getting I yield the floor. Thanks to the work of my colleague our work done on time. The PRESIDING OFFICER. The Sen- on the Appropriations Committee—and I am proud of many things in this De- ator from Alabama. many others but especially Senator fense appropriations bill, including how Mr. SHELBY. Mr. President, I want LEAHY—we have hung together, as the this bill prioritizes research by includ- to thank my colleagues, particularly Presiding Officer knows, to make the ing $94.9 billion for defense R&D, a Leaders MCCONNELL and SCHUMER and Appropriations Committee work again. record level for the Defense Depart- Vice Chairman LEAHY for their help in It hasn’t worked by regular order in ment. GPS, the internet, and satellites moving this package. The conference years and years. But today, if we pass are all examples of how Federal inno- report before the Senate accelerates this minibus dealing with Defense and vation research dollars have changed the rebuilding of America’s military HHS, that will be 74.9 percent of all ap- the world. On a bipartisan basis, we are and provides our men and women in propriations money in these five bills, building on previous year’s invest- uniform with the largest pay increase including the three we passed and the ments, and I am confident that we will in nearly a decade. It also increases two we hope to pass in a few minutes. see similar breakthroughs. NIH’s budget by $2 billion and provides It is 75 percent, if you want to round it In addition, for the fifth year in a critical resources to combat the opioid up, that we have pending. row, this bill increases defense medical

VerDate Sep 11 2014 23:37 Sep 18, 2018 Jkt 079060 PO 00000 Frm 00010 Fmt 4637 Sfmt 0634 E:\CR\FM\G18SE6.015 S18SEPT1 SSpencer on DSKBBXCHB2PROD with SENATE September 18, 2018 CONGRESSIONAL RECORD — SENATE S6207 research funding by 5 percent real Washington gridlock and wasteful through December 7. That is to make growth for a total of $2.4 billion in de- stalemates. sure we don’t face a government shut- fense medical research for fiscal year I urge the Republican leader to look down in the event we don’t finish our 2019. Defense medical research is mak- at what we have accomplished in these work on the remaining bills. We never ing breakthroughs in a wide range of bills, working together, and use that as want to fund the government by con- fields, from trauma medicine to breast a model for finishing our work in the tinuing resolution; that is inefficient cancer treatments. We have all heard coming weeks. and actually wastes money. That is of the quick-clotting tools that para- The PRESIDING OFFICER. The Sen- why Chairman SHELBY and I have medics use around the country to stop ator from Vermont. worked so hard to get the appropria- bleeding in gunshot victims; that was a Mr. LEAHY. Mr. President, I thank tions process back on track. We have defense medical research break- the distinguished senior Senator from more work to do. We are still in con- through. Alabama. Before I start, I should note ference on a four-bill minibus. We Just this past year, researchers dis- that we have votes scheduled for 12 should finish that work and send it to covered a treatment to speed healing of noon, and I may go a little bit over the President’s desk before the start of combat-infected wounds and regrow that, so I ask unanimous consent that the fiscal year so we won’t have a CR the skin around them more effectively. I be allowed to finish my whole state- on those agencies. Others proved that a particular med- ment. The PRESIDING OFFICER. Without This will be a far more effective, ical assessment tool can accurately as- cost-saving, efficient way of doing sess potentially suicidal behavior. I en- objection, it is so ordered. Mr. LEAHY. Mr. President, the Sen- things, and it can be done. In fact, I courage everyone to go to the Army’s ator from Alabama and I have been think the chairman would agree we are medical research website and read the friends for decades. Our wives have very close to an agreement. Most of the list yourself—a long list—of worth- been friends, as the Presiding Officer funding issues have been resolved. We while uses of these funds. knows. We have different political phi- do have some controversial poison pill The defense bill is paired with the losophies, but we join together in riders. We shouldn’t delay this package Labor, Health and Human Services, wanting to make the Senate work the over unrelated policy matters that and Education bill this year, which in- way it should work and the way it used have no place on must-pass spending cludes another $2 billion funding in- to work. We have done that in these bills. Get the poison pills out and pass crease for medical research at the Na- appropriations bills. It means that the the bills. tional Institutes of Health. This will be Senator from Alabama has had to de- the fourth year in a row that Congress There are four bills—the Interior bill, cline some things in this bill that he the Financial Services bill, the Agri- has provided the NIH with at least a 5- might have liked otherwise, but I have percent budget increase. Every NIH in- culture bill, and the Transportation- had to do the same. That is why we are HUD bill. These are programs that are stitute and center will see their budg- here today. ets increase, but there are also note- important to the American people. The two bills in the package before They should not be frozen at fiscal year worthy increases for Alzheimer’s dis- us—the Defense bill and the Labor- ease and cancer research. 2018 funding levels—not even for a few HHS-Education bill—are a product of months. I wish we could have given the Cen- hard work and bipartisan cooperation. ters for Disease Control and Prevention I am pleased that those of us working The rest of them are so close. Look a bigger increase, but I am pleased together have been able to work out at the Agriculture bill. It provides crit- with what we were able to accomplish the differences between the House and ical support for our farmers all over here, including the continued invest- Senate bills. It goes way beyond the the country and rural communities ment—with an additional $5 million in procedures, way beyond working to- through investments in rural develop- fiscal year 2019—for the Open Text- gether. ment and housing, agriculture re- books Pilot to help save college stu- These bills make important invest- search, and clean water programs. dents money on textbook costs. ments not only in our national secu- Every State in this Nation has rural I am, however, disappointed that this rity but also in the future of our coun- communities—and I think of especially bill does not include the bipartisan try for us, our children, and our grand- my own State of Vermont—and farm Durbin-Grassley-King amendment, children. They demonstrate the impor- economies that benefit from these pro- which would have helped ensure that tance of the bipartisan budget agree- grams. They shouldn’t have to operate pharmaceutical companies disclose the ment we reached earlier this year. under a CR. cost of their drugs television adver- The Labor-HHS-Education bill makes The Financial Services bill supports tising. Our amendment passed the Sen- new investments in healthcare and regulatory agencies that the American ate unanimously. It is supported by education. We increase funding for the people rely on to protect them from President Trump, HHS Secretary Azar, National Institutes of Health, the jewel unfair, unsafe, or fraudulent business the AARP, the American Medical Asso- that we have here in this country. We practices. We should fund these agen- ciation, the American Hospital Asso- invest in working families by improv- cies in a responsible way, not put them ciation, 76 percent of Americans, and ing access to childcare and promoting on autopilot. many others. House Republicans—ap- college affordability. We provide new parently more indebted to Big Pharma resources to combat the opioid epi- I am also pushing to include cost-of- than their constituents—prevented this demic—something that hits every sin- living adjustments for Federal civilian commonsense proposal from being in- gle State represented in this body. The workers in the final bill. That is not cluded in the final bill, but I will not Defense bill provides critical resources provided for under the CR. Failure to stop fighting. to support our men and women in uni- pass this bill on time and with a cost- In conclusion, the outcome of much form and their families and invest in of-living adjustment included will of this bill shows what we can accom- national security. mean 2.1 million Federal workers will plish when Democrats and Republicans I am glad we do not have controver- not see a pay raise, including doctors work together. I want to thank my sial poison pill riders on either the and nurses serving our veterans and partner and chairman, Senator SHELBY, right or the left in here. What we did is FEMA employees responding to Fed- as well as the ranking member, Sen- we did our job. We focused on what we eral disasters. ator LEAHY. should be doing—making responsible, The Interior bill is important. It But our work is only half done. There thoughtful decisions on how to fund means our children and grandchildren remain seven other appropriations bills these Federal agencies. We left con- will enjoy clean air and clean water. It that remain in limbo, dealing with for- troversial policy issues out of it. If peo- supports important conservation pro- eign aid, agriculture, and even border ple want to have debates on those, then grams, including funding for our na- security. The Senate will have to make bring up separate bills and debate them tional parks. It also provides funding an important choice very soon: either up or down. for fire suppression. We just had a fire we work together to wrap up the appro- We have a continuing resolution to season that has been one of the worst priations process or we head back to keep Federal agencies up and running in recent memory.

VerDate Sep 11 2014 01:27 Sep 19, 2018 Jkt 079060 PO 00000 Frm 00011 Fmt 4637 Sfmt 0634 E:\CR\FM\A18SE6.003 S18SEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S6208 CONGRESSIONAL RECORD — SENATE September 18, 2018 Finally, we are close to a deal on the ander, Marco Rubio, Johnny Isakson, [Rollcall Vote No. 212 Leg.] Transportation, Housing and Urban De- Mike Rounds, Pat Roberts, John YEAS—93 Hoeven, Steve Daines, James M. velopment bill. I hope we can finish ne- Alexander Fischer Moran Inhofe, Cory Gardner, Shelley Moore gotiations on this bill this week. This Baldwin Gardner Murkowski Capito, John Cornyn, Roger F. Wicker, is our Nation’s infrastructure bill. I Barrasso Gillibrand Murphy John Thune. Bennet Graham Murray worked very closely with Senator Blumenthal Grassley Nelson SHELBY on this. We want to rebuild our The PRESIDING OFFICER. By unan- Blunt Harris Peters crumbling bridges and roads. We want imous consent, the mandatory quorum Booker Hassan Portman call has been waived. Boozman Hatch Reed to invest in our communities and cre- Brown Heinrich Risch ate jobs for thousands of workers The question is, Is it the sense of the Burr Heitkamp Roberts across this country. Senate that debate on the conference Cantwell Heller Rounds Funding the government is one of report to accompany H.R. 6157, an act Capito Hirono Rubio Cardin Hoeven Schatz Congress’s basic responsibilities. I to make appropriations for the Depart- Carper Hyde-Smith Schumer would urge my friends in the other ment of Defense for the fiscal year end- Casey Inhofe Scott body to do what Senator SHELBY and I ing September 30, 2019, and for other Cassidy Isakson Shaheen Collins Johnson Shelby have done. Drop poison pill riders so purposes, shall be brought to a close? Coons Jones Smith that we can send this bill to the Presi- The yeas and nays are mandatory Corker Kaine Stabenow dent before October 1. We can do it. I under the rule. Cornyn Kennedy Sullivan realize we need 60 votes in the Senate. Cortez Masto King Tester The clerk will call the roll. Cotton Klobuchar Thune We don’t have poison pill riders, so The bill clerk called the roll. Crapo Kyl Tillis that should be easy to do. We can get 9 Cruz Lankford Udall of the 12 bills across the finish line by (Mr. GARDNER assumed the Chair.) Daines Leahy Van Hollen Donnelly Manchin Warner October 1. The yeas and nays resulted—yeas 92, Duckworth Markey Warren I am pleased we are going to be vot- nays 8, as follows: Durbin McCaskill Whitehouse Enzi McConnell Wicker ing on the Defense and Labor-HHS [Rollcall Vote No. 211 Leg.] package today. I thank Chairman Ernst Menendez Wyden Feinstein Merkley Young SHELBY and the chair and ranking YEAS—92 members of the subcommittees, Sen- Alexander Gardner Murphy NAYS—7 Baldwin Gillibrand ators BLUNT, MURRAY, and DURBIN, and Murray Flake Perdue Toomey Barrasso Graham Nelson the staff of the Appropriations Com- Lee Sanders Bennet Grassley Peters Paul Sasse mittee. We never could have done this Blumenthal Harris Portman without the hard work of both the Blunt Hassan Reed The conference report was agreed to. Booker Hatch Risch The PRESIDING OFFICER. The Sen- Democratic staff and the Republican Boozman Heinrich Roberts ator from Arizona. staff. Brown Heitkamp Rounds Mr. President, I ask unanimous con- Burr Heller Rubio f Cantwell Hirono sent to have printed in the RECORD the Sasse Capito Hoeven Schatz MORNING BUSINESS names of all those staff members. Cardin Hyde-Smith Schumer There being no objection, the mate- Carper Inhofe Mr. FLAKE. Mr. President, I ask Scott Casey Isakson unanimous consent that the Senate rial was ordered to be printed in the Shaheen Cassidy Johnson proceed to a period of morning busi- RECORD, as follows: Collins Jones Shelby Charles Kieffer, Chanda Betourney, Jessica Coons Kaine Smith ness, with Senators permitted to speak Berry, Jay Tilton, Jean Kwon, Erik Raven, Corker Kennedy Stabenow therein for up to 10 minutes each. Cornyn King Sullivan The PRESIDING OFFICER. Without Alex Keenan, David Gillies, Brigid Houton, Tester John Lucio, Andy Vanlandingham, Mark Cortez Masto Klobuchar objection, it is so ordered. Cotton Kyl Thune Laisch, Lisa Bernhardt, Kelly Brown, Catie Crapo Leahy Tillis f Finley, Teri Curtin, Shannon Hines, Jona- Cruz Manchin Udall than Graffeo, David Adkins, Mary Collins Donnelly Markey Van Hollen RECESS Atkinson, Brian Potts, Laura Friedel. Duckworth McCaskill Warner The PRESIDING OFFICER. Under Mike Clementi, Colleen Gaydos, Katy Durbin McConnell Warren Hagan, Chris Hall, Hanz Heinrichs, Kate Enzi Menendez Whitehouse the previous order, the Senate stands Ka¨ ufer, Jacqui Russell, Will Todd, Carlos Feinstein Merkley Wicker in recess until 2:15 p.m. Fischer Moran Wyden Thereupon, the Senate, at 1:07 p.m., Elias, Michael Gentile, Ashley Palmer, Jeff Flake Murkowski Young Reczek, Courtney Bradford, Robert Putnam, recessed until 2:15 p.m. and reassem- Christy Greene, Jenny Winkler, Clint NAYS—8 bled when called to order by the Pre- Trocchio, George Castro, Hong Nguyen, Val- Daines Lee Sanders siding Officer (Mr. PORTMAN). erie Hutton, Elmer Barnes, Penny Myles, Ernst Paul Toomey f Karin Thames. Lankford Perdue MORNING BUSINESS—Continued Mr. LEAHY. Mr. President, I yield The PRESIDING OFFICER (Mr. the floor. BOOZMAN). On this vote, the yeas are The PRESIDING OFFICER. The Sen- I think we are ready to vote. 92, the nays are 8. ate will come to order. The majority leader is recognized. f Three-fifths of the Senators duly cho- CLOTURE MOTION sen and sworn having voted in the af- f The PRESIDING OFFICER (Mr. firmative, the motion is agreed to. ORDER OF PROCEDURE CRUZ). Pursuant to rule XXII, the Under the previous order, the ques- Mr. MCCONNELL. Mr. President, I Chair lays before the Senate the pend- tion occurs on the adoption of the con- ask unanimous consent that at 5:30 ing cloture motion, which the clerk ference report to accompany H.R. 6157. p.m. on Monday, September 24, the will report. Mr. LEAHY. I ask for the yeas and Senate proceed to executive session for The legislative clerk read as follows: nays. the en bloc consideration of the fol- CLOTURE MOTION The PRESIDING OFFICER. Is there a lowing nominations: Executive Cal- We, the undersigned Senators, in accord- sufficient second? endar Nos. 849 and 850. ance with the provisions of rule XXII of the I further ask that there then be 2 Standing Rules of the Senate, do hereby There appears to be a sufficient second. minutes of debate equally divided in move to bring to a close debate on the con- the usual form and that following the ference report to accompany H.R. 6157, an The clerk will call the roll. use or yielding back of time, the Sen- act making appropriations for the Depart- The senior assistant legislative clerk ate vote on the nominations en bloc, ment of Defense for the fiscal year ending called the roll. September 30, 2019, and for other purposes. with no intervening action or debate; Mitch McConnell, Orrin G. Hatch, John The result was announced—yeas 93, that if confirmed, the motions to re- Boozman, John Barrasso, Lamar Alex- nays 7, as follows: consider be considered made and laid

VerDate Sep 11 2014 23:37 Sep 18, 2018 Jkt 079060 PO 00000 Frm 00012 Fmt 4637 Sfmt 0634 E:\CR\FM\G18SE6.017 S18SEPT1 SSpencer on DSKBBXCHB2PROD with SENATE September 18, 2018 CONGRESSIONAL RECORD — SENATE S6209 upon the table en bloc; that the Presi- man, of the District of Columbia, to be tools in greater quantity and frequency dent be immediately notified of the a Commissioner of the Consumer Prod- than during other times. The Consumer Senate’s action; that no further mo- uct Safety Commission for a term of Product Safety Commission has a crit- tions be in order; and that any state- seven years from October 27, 2019. (Re- ical public safety mission to ensure ments related to the nominations be appointment) that such products sold on store printed in the RECORD. CLOTURE MOTION shelves or over the internet are safe. The PRESIDING OFFICER. Is there Mr. MCCONNELL. I send a cloture When there are safety issues, the Com- objection? motion to the desk. mission is charged with taking action. Without objection, it is so ordered. The PRESIDING OFFICER. The clo- But nominations for this critical agen- f ture motion having been presented cy have also been blocked in the Sen- ate. The same is true for the country’s EXECUTIVE SESSION under rule XXII, the Chair directs the clerk to read the motion. leading highway safety regulator. For The senior assistant legislative clerk months, Democrats have blocked the EXECUTIVE CALENDAR read as follows: nomination of Heidi King to be the administrator of the National Highway Mr. MCCONNELL. Mr. President, I CLOTURE MOTION Traffic Safety Administration. While move to proceed to executive session to We, the undersigned Senators, in accord- she has shepherded the agency in an consider Calendar No. 938. ance with the provisions of rule XXII of the acting capacity, she has been denied The PRESIDING OFFICER. The Standing Rules of the Senate, do hereby move to bring to a close debate on the nomi- the full weight and authority of a Sen- question is on agreeing to the motion. nation of Peter A. Feldman, of the District ate-confirmed leader. So have other The motion was agreed to. of Columbia, to be a Commissioner of the Commerce Committee-approved nomi- The PRESIDING OFFICER. The Consumer Product Safety Commission for a nations for the Departments of Trans- clerk will report the nomination. term of seven years from October 27, 2019. portation and Commerce, Amtrak, and The senior assistant legislative clerk (Reappointment) the Surface Transportation Board. All read the nomination of Peter A. Feld- Mitch McConnell, Richard C. Shelby, of these agencies play critical roles in man, of the District of Columbia, to be Todd Young, Pat Roberts, Thom Tillis, promoting public safety. What is most a Commissioner of the Consumer Prod- Cory Gardner, Roger F. Wicker, Mike Rounds, David Perdue, John Boozman, frustrating is that this all feels like uct Safety Commission for the remain- Roy Blunt, Jerry Moran, Lamar Alex- deja vu. der of the term expiring October 26, ander, John Thune, Tim Scott, John We have already seen this disturbing 2019. Barrasso, Steve Daines. pattern play out with other safety CLOTURE MOTION Mr. MCCONNELL. I suggest the ab- nominees earlier in this Congress. The Mr. MCCONNELL. Mr. President, I sence of a quorum. nomination of Ronald Batory to lead send a cloture motion to the desk. The PRESIDING OFFICER. The the Federal Railroad Administration The PRESIDING OFFICER. The clo- clerk will call the roll. had been stalled in the Senate for more ture motion having been presented The senior assistant legislative clerk than 6 months over demands by Senate under rule XXII, the Chair directs the proceeded to call the roll. Democrats concerning a parochial in- clerk to read the motion. Mr. THUNE. Mr. President, I ask frastructure project. Only after three The senior assistant legislative clerk unanimous consent that the order for deadly passenger rail accidents did read as follows: the quorum call be rescinded. Democrats finally relent and allow this CLOTURE MOTION The PRESIDING OFFICER. Without critical railway safety official to as- We, the undersigned Senators, in accord- objection, it is so ordered. sume his full agency leadership duties. ance with the provisions of rule XXII of the f In another instance, Senate Demo- Standing Rules of the Senate, do hereby HURRICANE FLORENCE crats blocked nominees for the Na- move to bring to a close debate on the nomi- tional Transportation Safety Board. nation of Peter A. Feldman, of the District Mr. THUNE. Mr. President, many in This opposition only subsided following of Columbia, to be a Commissioner of the the Carolinas and other communities a deadly Missouri duck boat tragedy Consumer Product Safety Commission for in our eastern States are dealing with the remainder of the term expiring October that claimed 17 lives. Once the Board 26, 2019. wind, flooding, and storm surge dam- was sent out to investigate and atten- Mitch McConnell, Richard C. Shelby, age caused by Hurricane Florence. In tion moved toward the blocked vacan- Todd Young, Pat Roberts, Thom Tillis, the lead-up to this hurricane and in the cies, Democrats finally relented to Cory Gardner, Roger F. Wicker, Mike ongoing response to it, Federal agen- their confirmation. Rounds, David Perdue, John Boozman, cies have played and continue to per- Maybe Hurricane Florence will have Roy Blunt, Jerry Moran, Lamar Alex- form critical roles in forecasting, pub- a similar effect on some of these other ander, John Thune, Tim Scott, John lic safety, rescue, and recovery. Barrasso, Steve Daines. blocked nominees, but it shouldn’t One of the key agencies involved in take a tragic national disaster for f this effort is the Commerce Depart- Democrats to stop making unrelated LEGISLATIVE SESSION ment’s National Oceanic and Atmos- demands that obstruct nominees from pheric Administration, or NOAA. Mr. MCCONNELL. I move to proceed working in critical posts. to legislative session. NOAA houses the National Weather I urge my colleagues to stop this dan- The PRESIDING OFFICER. The Service and the National Hurricane gerous obstruction and instead give question is on agreeing to the motion. Center, which is responsible for issuing qualified nominees approved in com- The motion was agreed to. watches, warnings, and forecasts of mittee the chance to lead their agen- these hazardous weather events. cies so that we are all well prepared for f Despite its responsibility for critical the next natural disaster, safety recall, EXECUTIVE SESSION functions, NOAA has been without a or serious accident. Senate-confirmed Administrator for f nearly 2 years due to obstruction by EXECUTIVE CALENDAR Senate Democrats. Barry Myers, the OPIOID EPIDEMIC Mr. MCCONNELL. Mr. President, I President’s nominee to lead NOAA, was Mr. THUNE. Mr. President, in 2017, move to proceed to executive session to first approved by the Commerce Com- more than 72,000 Americans died from consider Calendar No. 941. mittee, of which I have the privilege of drug overdoses, and 49,000 of those The PRESIDING OFFICER. The chairing, in December of 2017. Ten deaths were related to opioids. Opioid question is on agreeing to the motion. months later, his nomination sits overdoses have surpassed motor vehicle The motion was agreed to. stalled on the Senate floor, and he is accidents as the leading cause of acci- The PRESIDING OFFICER. The far from alone. dental death in the United States. clerk will report the nomination. During and after disasters like a hur- Whole communities have been dev- The senior assistant legislative clerk ricane, Americans use products such as astated by the opioid epidemic. The sit- read the nomination of Peter A. Feld- portable generators, ladders, and power uation is rightly described as a crisis.

VerDate Sep 11 2014 01:27 Sep 19, 2018 Jkt 079060 PO 00000 Frm 00013 Fmt 4637 Sfmt 0634 E:\CR\FM\G18SE6.024 S18SEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S6210 CONGRESSIONAL RECORD — SENATE September 18, 2018 Here in Congress we are focused on demic. We will continue to make com- I yield the floor. doing everything we can to support the bating opioid addiction a top priority The PRESIDING OFFICER. The Sen- fight against substance use disorder. In here in the Congress. ator from Rhode Island. 2016, we passed the Comprehensive Ad- f f diction and Recovery Act, which au- THE ECONOMY CLIMATE CHANGE thorized a variety of grants to States to boost their efforts to reduce opioid Mr. THUNE. Mr. President, before I Mr. WHITEHOUSE. Mr. President, as deaths and help individuals overcome close, I want to mention the good eco- I rise for my 220th ‘‘Time to Wake Up’’ opioid addiction. That same year, we nomic news that continues to pour in. climate speech, there is abundant evi- also passed the 21st Century Cures Act, The economy created more than 200,000 dence that meaningful action on cli- which provided $1 billion in State jobs in August, beating expectations, mate change in the United States is grants over 2 years to combat the and the unemployment rate was yet unlikely. We have a President who, opioid epidemic. again below 4 percent. against all the evidence, claims that In March of this year, Congress Economic growth in the second quar- climate change is a Chinese hoax. This passed an appropriations bill that pro- ter was even stronger than we is the same President who announced vided $4.7 billion to address the opioid thought—a robust 4.2 percent. Average last year that he was pulling the crisis. Today, we voted on an appro- hourly earnings for workers are rising United States out of the international priations bill that will provide another at the fastest rate since 2009. Middle- Paris Agreement. This is the same President who in- $3.8 billion to fight this epidemic. Over- class income hit its highest level ever stalled the theatrically corrupt Scott all, Federal funding to address the last year. In 2017, U.S. job openings have hit a Pruitt, who owed his entire political opioid crisis has increased by nearly record high of 6.94 million jobs. In fact, career to the fossil fuel industry, to 1,300 percent over the past 4 years. the number of job openings has exceed- lead, of all things, the Environmental Then there is the bill we passed last ed the number of unemployed in this Protection Agency. When Pruitt’s end- night. The Opioid Crisis Response Act, country for the past 5 months. Think less string of scandals finally proved which passed the Senate yesterday about that. The number of job open- too much even for this epically evening, is the product of months of ings—the number of jobs available to swampy administration, President work by five Senate committees. It people in this country—has exceeded Trump then made a coal industry lob- contains more than 70 proposals from the number of people who are unem- byist the Acting EPA Administrator. Senators of both parties and represents ployed in this country for the past 5 The fundamentally rotten bargain at the serious efforts Congress has made months. That has never happened be- the heart of today’s Trump politics is to address opioid addiction on a num- fore in the history of tracking those that his party is essentially bankrolled ber of fronts. two statistics. by the fossil fuel industry. This is why This legislation will support critical Consumer confidence is at an 18-year you see Republicans seeking to freeze treatment and recovery efforts. It will high. Small business optimism shat- voluntary fuel economy and green- help babies born in opioid withdrawal. tered its previous record high to reach house gas emissions standards for cars. It will help support family-focused res- a record high in August. The poverty If consumers pay more at the pump to idential treatment programs, and rate has dropped to its lowest level fill up, fine—what matters is that the more. Just as importantly, it will also since 2006. The percentage of Ameri- oil companies get to keep pumping. take steps to address what I see as the cans listing economic issues as the This is why the Republican Clean supply side of the opioid epidemic. It most important problem in the United Power Plan doesn’t really reduce car- will help stop the movement of illegal States dropped to a record low, and the bon emissions. In fact, the EPA’s own drugs across our borders through the list continues. numbers show that the replacement mail—the work of the Senator from These are all facts. These are indis- plan will result in poorer health for Ohio, ROB PORTMAN. It will promote reputable facts, and they are the results Americans, including 1,400 additional search into and fast-track approval of of policies that are put in place with an deaths a year, but what matters is that new nonaddictive pain management al- eye toward growing this economy at a the coal companies sell coal. ternatives. It will help stop the prac- faster rate and creating better paying Republicans even plan to weaken tice of ‘‘doctor shopping’’ by improving jobs and higher wages for people in our standards on methane leaks. It doesn’t State prescription drug monitoring economy. matter that methane is an extremely programs. Since President Trump took office, potent greenhouse gas. What matters is The bill also provides grants for law Republicans have focused on fixing that the oil and gas industry doesn’t enforcement agencies to help protect those things that have been holding have to spend any money to prevent law enforcement officers from acci- the economy back. We removed bur- those leaks. dental exposure to deadly drugs in the densome regulations. We passed his- So there is lots of evidence that course of their duties. toric comprehensive reform in our Tax meaningful action on climate change I am proud that this legislation in- Code to put more money in Americans’ in this country is unlikely. Yet on Fri- cludes a bill that I introduced, the Ex- pockets and to remove barriers to job day I attended the Global Climate Ac- panding Telehealth Response to Ensure creation and economic growth. Now we tion Summit, organized by California Addiction Treatment Act, which will are seeing the results: strong economic Governor Brown, to keep up progress help expand access to substance use growth—as I mentioned, 4.2 percent in reducing carbon emissions and fighting disorder treatment for Medicare recipi- the second quarter of this year—thriv- the effects of climate change. ents by using telehealth technology. ing small businesses, with optimism At the summit, States, cities, Prov- The Opioid Crisis Response Act also and investing confidence unlike any- inces, and companies from around the includes my legislation to close a safe- thing we have seen in history, more world—indeed, foreign nations—made ty gap in railroad drug and alcohol money in families’ paychecks, new new announcements about climate testing regulations and require the De- jobs, better paying jobs, better bene- change and to reduce carbon emissions. partment of Health and Human Serv- fits, and more opportunities for Amer- Governor Brown himself signed a law ices and the Department of Transpor- ican workers. requiring 100 percent of California’s tation to include fentanyl in the drug- Mr. President, America is back in electricity to be carbon-free by 2045 testing panel. business, and it is American families and committed that California would Opioid addiction destroys lives, not and American workers who are bene- be carbon-neutral by the same year. just the lives of the addicted but the fiting from that. We intend to continue Plus, there is that satellite to measure lives of their children, their parents, to work on an agenda that creates poli- carbon emissions. their siblings, their spouses, their rel- cies that will drive and fuel economic New Jersey announced plans to in- atives and friends. The Opioid Crisis growth in this country and provide stall more than 3,000 megawatts of off- Response Act and the funding that we more opportunities, a better standard shore wind. passed today will help move us forward of living, and a higher quality of life States and cities in India announced in the fight against this deadly epi- for all Americans. plans for thousands of electric buses,

VerDate Sep 11 2014 00:19 Sep 19, 2018 Jkt 079060 PO 00000 Frm 00014 Fmt 4637 Sfmt 0634 E:\CR\FM\G18SE6.030 S18SEPT1 SSpencer on DSKBBXCHB2PROD with SENATE September 18, 2018 CONGRESSIONAL RECORD — SENATE S6211 cool roofs, and solar-equipped public Starbucks, after all, has a whole web (The remarks of Mr. JONES per- buildings. page about climate change and has taining to the introduction of S. 3467 IKEA, the furniture store, announced committed to purchasing 100 percent are printed in today’s RECORD under that all of its delivery services will be renewable energy. Amazon has a web ‘‘Statements on Introduced Bills and zero emissions by 2025. page on its efforts to reduce its carbon Joint Resolutions.’’) That is just a small sample of the footprint, and it, too, is aiming to go The PRESIDING OFFICER (Mr. new commitments—evidence of the de- to 100 percent renewable. HOEVEN). The Senator from Alaska. termination of Governors, mayors, Jeff Bezos, one of the world’s richest f CEOs, investors, and NGOs to combat people, is investing in clean energy, TRIBUTE TO STANLEY RILEY climate change despite the failure of along with another corporate icon of Republican leadership in Washington. Washington State, Microsoft’s Bill Mr. SULLIVAN. Mr. President, it is But if we are to have any hope of Gates. In fact, Microsoft is hard at Tuesday, and normally I come to the keeping global warming under 2 de- work reducing carbon emissions in its Senate floor on Thursdays, and I do grees Celsius—or better yet, 1.5 de- operations. It even has an internal car- what is the favorite part of the week grees—we are going to need leadership bon price to encourage reductions in for me. I do our series called the ‘‘Alas- here. We are going to need a Federal carbon pollution. kan of the Week.’’ So we are going to price on carbon. That is why last Boeing has a web page cataloging its talk about the Alaskan of the week, week’s announcement from the Cli- efforts to combat climate change by which is a great opportunity for me to mate Leadership Council was so impor- making its airplanes more efficient. talk about somebody in the great State tant. The CLC has been working with So where are they when it comes to of Alaska who has done something former Republican Secretaries of State their own home State’s plan to actu- good for their community, their town, George Shultz and James Baker and ally do something about climate their State, or maybe their country, former Treasury Secretary Hank change? As we have seen so often here and I get to brag a little bit about what Paulson for a $40-per-ton carbon fee in Washington, DC, as well, it is radio I think makes my State the best State and return all of the money raised by silence. The interesting thing is that in the country. It is the people. It is that carbon fee to American families in the community. It is people who are the form of a dividend. This plan shares Big Oil is actually tiny compared to doing wonderful things and are an in- a lot of similarities with the American Microsoft, Amazon, Starbucks, Boeing, spiration. Opportunity Carbon Fee Act, which I and the rest of the tech companies, Wall Street banks, insurance compa- Today I want to transport you to a introduced with Senator SCHATZ of Ha- village called Anaktuvuk Pass in Alas- waii. The CLC plan is supported by nies, consumer goods companies, re- ka’s North Slope Borough. It is about many corporations, business leaders, tailers, and food and beverage compa- 500 miles north of Anchorage, way up and former Republican officials. nies that all claim to care about cli- Last week, the CLC announced that mate change—tiny. north, beyond the Arctic Circle. It is its $40-per-ton carbon fee would result The difference is that Big Oil shows smack-dab in the Brooks Range, sur- in emissions reductions substantially up. It shows up here in Congress. It rounded by beautiful, rugged, majestic better than our present national tar- funds its armada of front groups and mountains. It is Alaska’s real-life gets. The CLC also found that 56 per- trade associations and phony think version of the mythical Shangri-La. cent of Americans—including majori- tanks to steer Republicans here in Con- Anaktuvuk Pass is the place that Stan- ties of Democrats, Independents, and gress away from anything limiting car- ley Riley, an amazing young Alaskan, Republicans—support it. Seventy-one bon pollution, just like it is showing up calls home. percent of millennials support a carbon right now in Washington State to kill Stanley made his village proud re- fee, which shows that carbon pricing is an initiative that would limit carbon cently by bringing home a gold and two coming. The only question is how soon. pollution. second place finishes from his first Americans intuitively understand that Here is the problem: The good guys World Eskimo-Indian Olympics. Let me it makes sense to impose a fee on aren’t showing up. They don’t show up spend a minute or two talking about something we want less of, whether it here in Congress, and they are letting the World Eskimo-Indian Olympics, an- is carbon emissions or cigarettes. When Big Oil outgun them even in Wash- other Alaskan institution. The games the revenues from those fees are re- ington State. In my experience, if you began in 1961. They test the skills, turned to the American people, it is don’t show up to the game, you don’t strength, ability, agility, and endur- better still. win. It is as simple as that. ance of Alaskan Natives, who for mil- Last week’s climate summit featured That is the message I took to last lennia have needed to be able to sur- a discussion on carbon pricing orga- week’s summit. I truly appreciate busi- vive in some of the harshest conditions nized by the business community. The ness leaders who talk about the dan- in the world. fossil fuel industry and its array of gers of climate change and the value of The games leave no part of the body front groups will, of course, attack any carbon pricing. I truly appreciate busi- untested. There is the seal hop, the effort to put a price on carbon emis- ness leaders who work on reducing car- four-man carry, the ear pull—that one sions. So having companies like Gap, bon emissions within their corporate is really popular—the high kicks, and Exelon, Pacific Gas and Electric, and footprint. But it also matters what you the muktuk eating contest, which is Steelcase speak out in favor of carbon do in the public arena. Show up to whale blubber. They also reflect what pricing was a good start. When the fight for the policy you already is very unique about the great State of business community shows broad-based espouse. Show up here in Congress and Alaska. Stanley won a gold for the support for carbon pricing, it will be in Washington State. Challenge Big Oil head pull. It is another competition at very difficult to argue that it is bad for rather than forfeit the game before it these incredible World Eskimo-Indian business, but let’s remember that the even begins. This is a fight. There are Olympics. fossil fuel companies bring heavy artil- hydraulics in politics. If no one pushes Let me describe the head pull. You lery to this fight. back, the only team on the field will lie down on the ground, facing your Washington State has a carbon fee win. competitor. Both of you are up on your ballot initiative right now, which has Well, we can’t keep having the fossil hands, and you share a strap looped provoked Big Oil to spend $20 million fuel industry win this fight because we around each other’s necks. Whoever is to defeat that initiative, including will all be losers in their win. We have able to use enough neck and shoulder companies that claim they support a to win, but to do that, we will need strength to pull the other over wins. carbon price. Among the donors are companies talking a good game to ac- That is the head pull. BP, Phillips 66, and others that have tually show up on game day. He almost won the four-man carry, contributed over $3 million each to op- It is not just time to wake up. It is where you walk for as long as you can pose the carbon price initiative. So time to show up. with four people clinging to all sides of against that Big Oil blowback, it would I yield the floor. you. That is the four-man carry. He sure be nice if Washington State’s cor- The PRESIDING OFFICER. The Sen- spent all summer training for it, climb- porate leaders stood up on this. ator from Alabama. ing up the mountains that surround his

VerDate Sep 11 2014 00:19 Sep 19, 2018 Jkt 079060 PO 00000 Frm 00015 Fmt 4637 Sfmt 0634 E:\CR\FM\G18SE6.031 S18SEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S6212 CONGRESSIONAL RECORD — SENATE September 18, 2018 village and hauling game back down He is also an amazing chef, mixing projects. This bill authorizes projects the mountains that he had shot. It is a the old and new in Alaska. For in- that deepen nationally significant good way to train in Alaska. That stance, one of his signature dishes is ports, maintain inland shipping lanes, honor went to Sido Evans from Fair- fettuccini Alfredo with muktuk—whale upgrade aging dams, and increase banks, Riley’s best friend. He called blubber. People should try that. I am water storage in the arid West. These him a ‘‘mountain of a Koyukon man.’’ sure it is really good. I look forward to projects ensure that American-made Riley has his sights on gold for next it. goods can be shipped from the heart- year’s World Eskimo-Indian Olympics. His next goal is to compete in the land to the coast and around the world. It seems like when he wants something Arctic Winter Games, something he Access to a consistent water supply badly enough, he gets it, particularly has been training for every day. In is key for America’s ranchers and now, since he has found his calling. Alaska, we certainly are rooting for farmers. They expect that their water What is his calling, you ask? His call- him. will be delivered when they need it. ing is to be a role model for his people, Stanley, thank you for being an in- Ranchers and farmers will directly ben- especially the young people. spiration, especially among the young efit from this legislation, as crumbling Stanley has overcome incredible odds people, showing them that when you irrigation systems will receive badly to get to where he is now. That is the have hard times, you can get up, brush needed maintenance. inspiration part I was talking about. yourself off, set high goals and stand- He had some rough times as a young- In my home State of Wyoming and ards, and then achieve them. Thank across the West, water storage is a se- ster, and he has overcome them and is you for being our Alaskan of the week. now an example for so many Alaskans rious issue. This consensus bill will in- I yield the floor. crease storage capacity and expand in his community and beyond. The PRESIDING OFFICER (Mr. As is the case for too many children water reservoirs, such as the YOUNG). The Senator from Wyoming. across my State and across the coun- Fontenelle Reservoir in Wyoming. try, Stanley grew up in a single-parent f The legislation cuts redtape by mak- household without a father around. AMERICA’S WATER ing it easier to get projects through That took its toll. When he was 12, he INFRASTRUCTURE the Army Corps of Engineers’ process. It will give State and local leaders an left Anaktuvuk Pass and got bounced Mr. BARRASSO. Mr. President, as increased role in prioritizing which around in the foster care system. He the Presiding Officer knows, President Army Corps projects are built. When a had almost 20 foster care parents, he Trump has called on Congress to take local partner takes over an Army Corps said, until he emancipated at 16 years up major infrastructure legislation. of Engineers flood control project, that old. Passing an infrastructure bill would non-Federal partner will no longer Then, he started to succeed. He was create jobs, grow our economy, and need to worry about obtaining new per- able to get his GED, and he had enough help keep families safe. Water infra- internal drive that along the way he mits. The bill mandates that the Army structure is a key part of the Presi- had some good-paying jobs, but then Corps transfer its authority to the dent’s call. again he had setbacks, as happens in Drinking water systems, dams, lev- local partner so new permits—and the the life of our young people, whether in ees, ports, reservoirs, and waste water time required to get them—will no Alaska or across the country, when systems matter to just about every longer be necessary. drugs and alcohol get in the way. community in the country. Infrastruc- We have also included important lan- Finally, about 4 years ago, he looked guage to help smaller rural commu- in the mirror and didn’t like the person ture is an essential part of everyday life. Infrastructure brings water into nities leverage Federal dollars so they staring back at him. He was unhealthy, can complete needed infrastructure unfit, and had gained all kinds of our homes and protects us from flooding caused by catastrophic storms, like projects. Leveraging Federal resources weight—over 400 pounds. He lacked a is an important component of Presi- purpose. He packed up and moved back the one we had this past week on the east coast. dent Trump’s infrastructure plan. Fed- to Anaktuvuk Pass, intent, he said, on eral programs, such as the Water Infra- changing his life for the better and on Many of these aging water systems are in need of significant attention. structure Flexibility Act, can give tax- becoming a positive role model for his payers the most bang for the buck. In community, especially the youth in his Several need to be repaired or fully re- placed, while other, long-awaited the past, smaller rural communities community. He started to do this. have had trouble accessing these dol- Slowly his mind cleared, his soul projects need to get started. The time to upgrade our water infrastructure is lars. The language in our consensus bill brightened, and he began to get in will give these rural areas the chance shape. now. Last week, committee leaders from to compete for these funds and be able Now he spends his summers climbing to participate in this very successful the mountains around his village and the Senate and the House of Represent- atives reached a deal of historic pro- program. Cutting redtape and increas- hunting. He guesses he has climbed up ing access to leveraging programs will about 1,000 miles this summer. The portion on comprehensive water infrastructure legislation—now passed in help us get projects done faster, better, man is in shape. He has lost all kinds cheaper, and smarter. of weight, and he works as a tour guide the House and awaiting passage in the Finally, the bipartisan agreement and is an inspiration to so many mem- Senate. The name of the consensus bill will help keep communities safe. The bers of his community, including his is ‘‘America’s Water Infrastructure critical infrastructure projects in- nephew Jacob, who is a talented bas- Act.’’ As the chairman of the Senate cluded in this package will help pre- ketball player and the light of Stan- Environment and Public Works Com- vent damaging flood waters by main- ley’s life. He said: mittee, I worked closely with Ranking Member CARPER, Infrastructure Sub- taining dams, levees, and beach fronts. When you’re with your community, it’s It will also create a permanent pro- easier to keep yourself together. You don’t committee Chairman INHOFE, and Sub- want to let those people [who you live with committee Ranking Member CARDIN to gram to prevent floods caused by ice and are part of your community] down. reach this deal with the House. This is jams like we saw in Worland, WY. That is a great sentiment. Stanley is by far the most significant water infra- The legislation allows the Army now a full-time student, and he is structure bill of this Congress and the Corps of Engineers to more effectively studying to be an Inupiak language and most significant water infrastructure assist communities recovering from culture teacher. He wants the next gen- bill in decades. It is bipartisan, and it devastating storms and surging rivers. eration to know where they came from helps all 50 States. This bill isn’t just about flood pre- and how strong they are and have pride The legislation does three big things: vention. It is the most significant in their culture and their heritage. He It grows the economy, it cuts Wash- drinking water legislation in decades. said: ington redtape, and it keeps commu- This bill invests in repairing aging I want them to know that even though you nities safe. America’s Water Infrastruc- drinking water systems. For the first have had a hard upbringing, you can do any- ture Act spurs economic growth by cre- time since 1996, Congress will authorize thing [you set your mind to]. ating jobs and authorizing vital the Drinking Water State Revolving

VerDate Sep 11 2014 00:19 Sep 19, 2018 Jkt 079060 PO 00000 Frm 00016 Fmt 4637 Sfmt 0634 E:\CR\FM\G18SE6.033 S18SEPT1 SSpencer on DSKBBXCHB2PROD with SENATE September 18, 2018 CONGRESSIONAL RECORD — SENATE S6213 Funds. These funds give States cer- ber 7. That is it. We will be back here as a serious public health problem and tainty that they can meet their drink- before Christmas, and if experience is expressing support for designation of ing water needs. any sort of guide, multiple times after September as National Suicide Preven- The bill is also fiscally responsible. that before we can get the government tion Month. The nonpartisan Congressional Budget fully funded. Every year, we lose nearly 45,000 Office said America’s Water Infrastruc- I ultimately chose to vote yes on this Americans to suicide. It is the 10th ture Act will authorize these impor- continuing resolution because of what leading cause of death in this country tant projects and reduce the deficit at it means for our national security and and second leading cause for those ages the same time. America’s Water Infra- our servicemembers who risk their 15 to 34. Think about that for a mo- structure Act has received broad bipar- lives every day for our security. Also, ment: 45,000 lives every year, 123 lives tisan support from Democrats, Repub- the continuing resolution included the every day, 1 life every 12 minutes. licans, local governments, and stake- Violence Against Women Act, a bill I The American Foundation for Sui- holders. It originally passed out of the could not allow to lapse given that this cide Prevention champions the mes- Senate Environmental and Public bill provides services for our most vul- sage: ‘‘Be The Voice . . . Stop Suicide.’’ Works Committee unanimously, by a nerable. VAWA addresses the scourge Whether we are Senators or family or vote of 21 to 0. After reaching this con- of domestic violence that is so preva- friends or coworkers or even strangers, sensus agreement, the House of Rep- lent in our communities—crimes that we can all play a role in helping to pre- resentatives passed the updated bill often hurt women and children the vent suicide. We all must ‘‘be the unanimously by voice vote. Simply most, often requiring them to be dis- voice.’’ put, America’s Water Infrastructure placed from the only homes they know. So what is our voice? I believe we can strengthen this act Act is good for the entire Nation. Formally recognizing Suicide Pre- in several ways by addressing changing President Trump called on Congress vention Month is a start, and I am circumstances since its last reauthor- to pass major infrastructure legisla- proud to have cosponsored that resolu- ization 5 years ago by tailoring its lan- tion. America’s Water Infrastructure tion. Yet it can’t just be about a day or guage to better fit the needs of our Act answers that call. By reaching this a week or a month on which we pause communities. There are provisions we bipartisan agreement, my home State to reflect. This is a heartbreaking chal- need to change and to work on, but we of Wyoming and the Nation will see up- lenge for our communities, and we are not afforded that opportunity. grades, reforms, and new initiatives must be working year-round and across that deliver on the President’s commit- Tying our Nation’s security and the Violence Against Women Act to the CR the aisle—there are no Democrats or ment to rebuild our aging water sys- Republicans in this—to find the solu- tem. Now is the time for the Senate to made it both the carrot and the stick. We are leaving services and programs tions that provide Americans with the take up this important bill and send it help they need to get through their to the President for his signature. that the American people rely upon open to partisan delay and political most trying times. Thank you. Over the past several years, Congress I yield the floor. gerrymandering. has found a number of bipartisan solu- The PRESIDING OFFICER. The Sen- The people of Iowa elected me to tions to help address this tragic prob- ator from Iowa. come to Washington to be their voice and to instill much needed fiscal re- lem, but our work is far from done. f sponsibility. Rather than pushing, pro- There are still 45,000 Americans every FUNDING THE GOVERNMENT crastinating, and postponing for an- year and their families and their Mrs. ERNST. Mr. President, I rise other 3 months, we should buckle down friends who need our help. They need today disappointed and frustrated. and build upon the great progress we our action. Once again, we passed an ill-advised have made this year by getting the re- As I started my time in the Senate, I continuing resolution to fund much of maining appropriations bills across the made it a focus to find bipartisan ap- our government. Once again, folks, we finish line. proaches to suicide prevention. In Indi- have passed the buck. Once again, we We should debate the Violence ana, suicide claims over 1,000 lives have failed to do our job. Against Women Act in regular order so every year. That is one Hoosier lost One of Congress’s most essential we can strengthen it and provide pro- every 8 hours. In 2013, my fellow Hoo- roles is to fund a responsible govern- tections for those who need it the sier Jeff Sexton reached out to me to ment that runs efficiently and effec- most. There are items I support in this share the tragic story of his son Jake. tively. We have a duty to taxpayers to continuing resolution, but we need to Specialist Jacob Sexton, an Indiana not just simply give a thumbs-up on do our job. We need to fund the govern- National Guardsman, tragically took spending their money but to debate ment. If we don’t take action now, we his own life in 2009 while on leave from and consider whether programs are will be back here month after month, a deployment to Afghanistan. working to serve their needs. Unfortu- year after year, doing the exact same His story is far too familiar for Ac- nately, we have been negligent in this thing. tive, Guard, and Reserve servicemem- solemn duty. Like myself, Americans Thank you. bers and for veterans as well. Despite are tired of this shortsighted habit of I yield the floor. representing less than 10 percent of the kicking the can down the road. I suggest the absence of a quorum. population, these Americans comprise The PRESIDING OFFICER (Mr. BAR- How did we get to this point, you almost 20 percent of the suicides. Their RASSO). The clerk will call the roll. might be asking yourself. After all, we communities lose over 7,000 members The senior assistant legislative clerk worked across the aisle in an open and every year as they struggle with the proceeded to call the roll. stresses of the military service that we collaborative way and found a path for- Mr. DONNELLY. Mr. President, I ask as a nation and as a Congress ask of ward to fund our national defense and unanimous consent that the order for them. the vital Departments of Labor, Health the quorum call be rescinded. and Human Services, and Education. The PRESIDING OFFICER. Without So the question is, What can we do to We recently passed a similar bill re- objection, it is so ordered. help them and to prevent these trage- lated to Energy and Water, Legislative dies? f Branch, Military Construction, and Hoping to answer that question, the Veterans Affairs. SUICIDE PREVENTION first bill I introduced in the Senate fo- As we have seen, a continuing resolu- Mr. DONNELLY. Mr. President, I cused on suicide prevention in the mili- tion was attached to this legislation come to the floor to bring attention to tary and in our veteran communities. for the rest of the government, includ- suicide prevention, an issue of tremen- Introduced in 2013 and signed into law ing our vital Department of Homeland dous importance to families and com- in the 2014 National Defense Authoriza- Security. Worse, this continuing reso- munities across Indiana and our coun- tion Act, my Jacob Sexton Military lution doesn’t fund the government try. Suicide Prevention Act addressed a fully until the end of the fiscal year. The Senate will be introducing a res- critical gap in mental healthcare for No, it simply punts the ball to Decem- olution very soon recognizing suicide our troops. All too often, many of our

VerDate Sep 11 2014 00:19 Sep 19, 2018 Jkt 079060 PO 00000 Frm 00017 Fmt 4637 Sfmt 0634 E:\CR\FM\G18SE6.038 S18SEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S6214 CONGRESSIONAL RECORD — SENATE September 18, 2018 servicemembers would go years with- families through legislation like the hotlines and annual mental health out having any mental health assess- Sexton act and the Care Package. It is checks. It also directs the Departments ment, without having a medical profes- critical that our support for mental of Defense and Justice and Veterans sional ask: How are you doing? How are health extends beyond Active, Guard, Affairs to confer about existing DOD you feeling? If you are feeling a little and Reserve duty and that we continue and VA mental health practices and off or a little unsure, we have all the to honor this commitment to our vet- services that could be adopted by our means you need to get help. erans. law enforcement agencies. Congress worked together to pass Another piece of bipartisan legisla- In working together with my col- that bill into law, and now we have en- tion that I was proud to work on was leagues, I am proud of these successes, sured that every servicemember, Ac- the Clay Hunt Suicide Prevention for but mental health issues and suicide tive, Guard, and Reserve alike, receives American Veterans Act, which was impact every part of our Nation; they an annual mental health assessment—a signed into law in 2015. This law is key don’t discriminate. We must look for professional look to make sure the to getting timely and effective mental ways to ensure that our workplaces, member isn’t fighting a battle he or healthcare to prevent suicide in our our schools, and our rural communities she can’t win on his or her own. That is veteran communities. The bill’s name- have the mental health care and treat- why I was pleased to hear from every sake, Clay Hunt, was a decorated vet- ment resources they need. service Secretary and Chief last fall eran of Iraq and Afghanistan who trag- One critical resource is the national that annual mental health assessments ically took his own life after he strug- suicide hotline. By calling 1–800–273– have been 100 percent implemented gled with PTSD and depression. The 8255, every American can access free throughout the services. Clay Hunt SAV Act requires annual and confidential emotional support 24 Even with an avenue for help, third-party evaluations of VA mental hours a day, 7 days a week. It is a won- though, many servicemembers were health and suicide prevention pro- derful service, and we are working to cautious about reaching out for assist- grams. It creates a centralized website make it even better. ance. They feared the stigma could that provides information on VA men- The bipartisan National Suicide Hot- hurt them professionally or personally. tal health services, and it requires the line Improvement Act, which I intro- They feared repercussions to their VA to collaborate on suicide preven- duced with my friend Senator HATCH, deployability, their promotions, or tion efforts with nonprofit mental was signed into law a month ago. It their security clearances. We also health organizations. will increase the effectiveness of the made sure to include privacy protec- As our country still faces a rate of current suicide prevention lifeline sys- tions as a part of the Sexton act. It is more than 20 veterans who take their tem and the Veterans Crisis Line by re- critically important that these brave lives every day, we must continue to quiring the Federal Communications men and women who come forward can find opportunities like these to help Commission to study the system and to get the support they need without suf- prevent veteran suicide and improve make recommendations on how we can fering professionally for just seeking the mental healthcare services that are improve it. One of these improvements help. available to our heroes. is in seeing whether we can include a In building upon the Sexton act, my It shouldn’t come as a surprise that three-digit hotline number that would Servicemember and Veteran Mental the law enforcement officers who keep better connect folks to crucial crisis Health Care Package, which was signed our communities safe often face some resources. into law as part of the national defense of the same stresses that affect our Now, in the time I have been on the bill in 2015, is a three-part, bipartisan servicemembers and our veterans. It is Senate floor today—just in this short effort to ensure servicemembers and becoming increasingly common for time—we have likely lost another vets have access to quality mental them to repeatedly experience chal- American life to suicide. At the cur- healthcare, whether they seek it lenging and even horrific situations on rent rate, in 12 more minutes, we will, through providers in their commu- the job. Protecting the psychological heartbreakingly, lose another. As a nities, the Department of Defense, or health and well-being of those who parent, this is so heartbreaking and so the Department of Veterans Affairs. serve our communities is a critically tragic that we have to do whatever we First, the Military and Veterans important issue. can to prevent these tragedies—123 Mental Health Provider Assessment With fellow Hoosier Senator TODD Americans every day, 45,000 every Act guarantees that the Department of YOUNG, I was proud to introduce the year—of people who can make our lives Defense’s primary care and mental Law Enforcement Mental Health and and our country so much brighter and health providers are trained to recog- Wellness Act in early April 2017, to so much better every day. It doesn’t nize signs of suicide risk and other help get it through the Senate unani- have to be that way—that they will be mental healthcare best practices. mously in May of 2017, and signed into gone. Next, the Community Provider Read- law by President Trump this past Jan- It is incumbent on all of us to har- iness Recognition Act developed a new uary. This bill was inspired, in part, by ness the sobering reminder of this Na- designation for community healthcare Lebanon, IN, Police Officer Taylor tional Suicide Prevention Month and providers that demonstrates a strong Nielsen, who, in 2016, was called to a ensure that every American knows knowledge of military culture and horrific crime scene. With the grue- there is hope and that support is just a mental treatments that are focused on some images of the scene etched in her call or a conversation away. servicemembers and veterans, specifi- mind, Taylor began to suffer from post- There are people and there are re- cally pertaining to mental health. traumatic stress disorder and, at one sources that are available to help you Finally, the Frontline Mental Health point, sought to take her own life. For- get through any challenges that you Provider Training Act helped the De- tunately, her fellow officers recognized have. You are loved, and you are cared partment of Defense establish a pilot her situation, sought help for her, and about. We want to make sure you have program to expand the availability of saved her life before it was too late. everything you need to get through physician assistants to meet the in- The Law Enforcement Mental Health whatever difficult time you may be creasing need for mental healthcare and Wellness Act helps our law enforce- facing. evaluations and services for service- ment officers get access to the mental I am proud of these efforts—proud members and military families. healthcare they need as they keep our that we have put aside any party poli- I am proud to have helped pass each communities safe every day. The law tics to address this issue that affects of these efforts, and I believe they are authorizes grants to initiate peer-men- all of us. Our job is not done though. some of the Senate’s most important toring pilot programs. It directs the We have to exhaust every avenue to achievements in the past 5 years as the Departments of Justice and Health and provide all Americans the support they demand for military mental health Human Services to develop resources need to prevent suicide. Let’s tackle services has never been greater. It is for mental health providers based on this program together. Let’s ‘‘be the extremely important that we leverage the specific mental health challenges voice.’’ all of our assets in support of our vet- that are faced by law enforcement, and I yield the floor. erans, servicemembers, and military it studies the effectiveness of crisis I suggest the absence of a quorum.

VerDate Sep 11 2014 00:19 Sep 19, 2018 Jkt 079060 PO 00000 Frm 00018 Fmt 4637 Sfmt 0634 E:\CR\FM\G18SE6.039 S18SEPT1 SSpencer on DSKBBXCHB2PROD with SENATE September 18, 2018 CONGRESSIONAL RECORD — SENATE S6215 The PRESIDING OFFICER. The What is clear is that this allegation contributions of 70 Senators and 5 clerk will call the roll. has been handled—or I should say egre- standing committees, we were able to The senior assistant legislative clerk giously mishandled—up until now. But come up with a package that had over- proceeded to call the roll. that is no excuse for us to continue to whelming support. I believe it was 99 to Mr. CORNYN. Mr. President, I ask do the same. We need to return this 1, if I am not mistaken. unanimous consent that the order for process to its ordinary rules and proce- The House has already passed its the quorum call be rescinded. dures. We will take these accusations version of this legislation, so it was im- The PRESIDING OFFICER (Mr. with the seriousness they deserve, and portant that we do the same and get HOEVEN). Without objection, it is so or- that is in a way that is fair to both the the bill to the President soon. I am dered. alleged victim and the judge himself. happy to report that we have now done f Because of our friends on the other that. NOMINATION OF BRETT side’s fondness for gotcha moments and Included in this Opioid Crisis Re- KAVANAUGH political theater throughout the con- sponse Act was something called the firmation process, so far that fairness STOP Act, which is a bipartisan piece Mr. CORNYN. Mr. President, last has mostly been lost. It has been de- of legislation that imposes new re- night, the Senate Judiciary Committee nied the victim, who said that she quirements on the U.S. Postal Service announced that there would be an addi- wanted privacy, and it has been denied and Customs and Border Protection. It tional public hearing to address the al- will close loopholes that are currently legations of misconduct that had been Judge Kavanaugh, who has flatly dis- being exploited by drug traffickers to made against Judge Brett Kavanaugh, avowed the claims. He had no oppor- evade detection when shipping syn- who has been nominated to the U.S. tunity during his confirmation hear- thetic opioids, like fentanyl, because Supreme Court. So far, all we have is ing, either in open or in closed session, so few of those postal packages are ac- an accusation—one that, frankly, has a to answer questions about these allega- tually inspected to find out whether lot of holes in it as far as the time and tions. This has really been a driveby circumstances under which this alleged attack on the character of this judge. they include drugs like fentanyl. The package we voted on also in- event occurred. Nonetheless, it is a Again, it is a serious accusation that cludes a bill I sponsored with the sen- very serious allegation about mis- we will take—and have taken—seri- ior Senator from California called the conduct that one claims happened ously, but, unfortunately, this process Substance Abuse Prevention Act, be- about 36 years ago when she, Judge has gotten away from being about get- Kavanaugh, and others were involved ting to the truth and has been more lieving that we need to do something, as teenagers. about gamesmanship and delay. The not only about the supply side of the Judge Kavanaugh and the other indi- timing and the way in which this alle- problem but the demand side as well. vidual allegedly involved have said gation was sprung attest to that. That This piece of legislation is important that this incident did not happen. They is why, initially, I was somewhat skep- because it will reauthorize the Office of unequivocally deny the claim, and, tical about rewarding this bad behavior National Drug Control Policy. We need thus far, no other individuals have cor- by calling for another public hearing. I a strategy, and we need an Office of Na- roborated the accuser’s statement. had confidence in the committee’s tional Drug Control Policy, not only to The reason we find ourselves in this usual process for dealing with situa- articulate but also to help execute that very unusual situation, where we have tions like this, which would ensure strategy. actually had the confirmation hearing that both sides would be heard and that This bill will also seek to reduce de- of the nominee and we find it necessary sensitive matters would be handled mand for illegal drugs in a variety of to have a supplemental or additional with the sensitivity they deserve. ways: education for medical providers, hearing is that our Democratic col- When I spoke to him yesterday, expanding drug awareness campaigns, leagues failed to raise this accusation Judge Kavanaugh’s commitment to and funding drug courts and nonprofits so that it could be handled in a bipar- transparency and eagerness to address that provide interventions to people tisan, regular manner in which the Ju- these false allegations head-on was struggling with addiction. diciary Committee handles background clear. I have seen drug courts in action, and investigations, understanding that When members of the committee met they actually work. People who com- when somebody goes through a back- yesterday to discuss a possible path mit offenses involving illegal drugs can ground investigation, sometimes infor- forward, we agreed that a supplemental actually be monitored and given wrap- mation comes up that is particularly hearing was in order. I went along with around care and support not only to sensitive, sometimes embarrassing; that consensus point of view. help them deal with their addiction but maybe it is about financial matters or I want to commend Chairman GRASS- also to help them reenter a productive other personal matters. So the practice LEY for his leadership, and I certainly society. of the Judiciary Committee is to have support his decision to hold an addi- Unfortunately, Texas is no stranger those background investigations han- tional hearing next Monday. As he said when it comes to illegal drugs. In fact, dled with great care by specially yesterday, anyone who comes forward one in three Texans responded to a re- cleared individuals. Then, following under circumstances like this deserves cent poll saying that they knew some- the hearing, the open hearing, that in- to be heard in an ‘‘appropriate, body addicted to painkillers. One in formation will be shared with members precedented and respectful manner.’’ three said they knew somebody ad- of the committee, and they can then How our colleagues across the aisle dicted to painkillers. Last year, close ask any questions they may want to conduct themselves will prove whether to 3,000 Texans died from drug ask in a closed session. they are actually interested in getting overdoses. That is nearly triple the We did not have that opportunity be- to the truth of these allegations or number in 2000. That is simply unac- cause the ranking member did not even whether this is just an exercise in char- ceptable. Eighteen years have passed, alert members of her own party about acter assassination. and the number is three times higher. the existence of this accusation that f Experts have said it is estimated to she had had for some 6 weeks. So we rise again by 6 percent this year. Those weren’t able to do the sort of due dili- OPIOID CRISIS RESPONSE ACT numbers are about real human beings gence that has come to be the practice Mr. CORNYN. Mr. President, on an- and are a tragedy. Clearly, something of the Judiciary Committee on a bipar- other matter, last night we voted on a is not working. tisan basis. The ranking member, who very important piece of legislation That suspicion is confirmed by the was forwarded the allegation, did not called the Opioid Crisis Response Act, researchers who are saying that even attend the closed session where which came to us from the HELP Com- overdoses are now the leading cause of we considered the background inves- mittee; that is, the Health, Education, maternal deaths in my State. In Texas, tigation that had been done on Judge Labor, and Pensions Committee. emergency room personnel have said Kavanaugh, and, as I said, she didn’t do Thanks to Chairman ALEXANDER, the that they are seeing younger and anything with the allegation for al- chairman of the HELP Committee, and younger children gaining access to most 2 months. as a result of his hard work and the these addictive opioids, and patients

VerDate Sep 11 2014 00:19 Sep 19, 2018 Jkt 079060 PO 00000 Frm 00019 Fmt 4637 Sfmt 0634 E:\CR\FM\G18SE6.040 S18SEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S6216 CONGRESSIONAL RECORD — SENATE September 18, 2018 are making violent threats when they the U.S. side. Many times, they are certainly I in no way want to deni- are not given the prescriptions they successful, but the smugglers are cun- grate, but because of corruption and need to address their addiction. ning, and they are driven by a ruthless these powerful criminal organizations, I wish I could say that this was just profit motive. They hide drugs inside of a genuine rule of law is missing in some bad movie or an episode of food and drink containers, luggage, many large swaths of the country and ‘‘Breaking Bad’’ and that we could turn metal panels and equipment, and their has been for generations. it off or change the channel, but we cars and trucks. They are quite clever Again, our Mexican friends say: Well, simply can’t. about when and how they cross the bor- if it weren’t for the demand for these This spike in drug use has occurred der, so sometimes these drugs get drugs in the United States, it wouldn’t across the entire Nation, and it has through, and then they spread. fuel these cartels and the violence that multiple causes. There are enterprising As Chief Provost testified recently, goes along with it. They have a very drug entrepreneurs, some of them in one of the ways drugs make their way important point. But this is not just an China with new equipment and labs across the border is that the cartels, American problem; this is, as I said, a and marketing schemes and sales plat- who are moving people from Central Mexican and an American problem. forms. America, both unaccompanied minors I hope that I have been able to sketch Then there is the role of the drug and family units—because they know how difficult these deep-seated drug-re- cartels, primarily south of the border. that it is such a labor-intensive job to lated problems are for us to resolve, These drug cartels’ operations are in- process these children and these family but we can’t—we don’t have the luxury creasingly sophisticated, and their in- units at the border because they re- of ignoring them or pretending they come streams have become diversified, quire special procedures, many times don’t exist. They are real, and they are including fuel theft. In the words of the drug cartels will use that as a di- taking the lives of Americans on a one person with knowledge of this mat- versionary tactic to move drugs daily, hourly, minute-by-minute basis, ter, they are commodity agnostics. through another part of the border. So and they affect all segments of our so- These cartels will ship drugs; they will we are more vulnerable than I think ciety. ship people; and they will traffic chil- perhaps most of our people recognize. Thankfully, the United States has dren for sex. They will do anything to Of course, we know these drugs are partnered with Mexico in recent years make money, and they care nothing hawked to children, to teenagers, and through programs like the Merida Ini- about their victims. they are sold and distributed all across tiative and directed funds toward Then we know there is also the social the country. What starts south of the strengthening communities and em- isolation and breakdown in American border doesn’t stay south of the border; powering the Mexican criminal justice communities that help contribute to it ends up in our neighborhoods, our system and judicial system so that a this crisis. There are those men and schools, our hospitals, and, unfortu- culture of impunity no longer exists. women who, for their own reasons, turn nately, in our funeral parlors. What I mean by that is if criminals feel to drugs for relief, either unaware of The point I want to make is the point that they can commit crimes, includ- the dangers they pose or naively think- I tried to emphasize last week, which is ing murder, and that they will never be ing that perhaps they are strong that our War on Drugs is Mexico’s War charged and convicted and imprisoned, enough to avoid the attraction of ad- on Drugs too. then there is no deterrence, and so the diction. I was in Mexico City about 3 weeks killings continue. We have also col- In many places, illegal drugs are now ago. Many of our outstanding profes- laborated on intelligence matters and resulting in more deaths than criminal sionals at the American Embassy say have cooperated in a variety of ways on homicides, car crashes, or HIV. We that many of the people in Mexico re- providing security. know we have a jaw-dropping, society- gard the drug and the immigration But we have to do even more, I be- wide problem on our hands. According problem as our problem, not their prob- lieve, together, on our side of the bor- to the Centers for Disease Control and lem. Well, it is their problem when der—the drug demand—and on the Prevention, 72,000 Americans died last more people have died of violence in Mexican side. At least based on the year as a result of drug overdoses— Mexico—drug-related cartel violence— criminal violence last year rising to 72,000. It is incumbent on us to do ev- from 2007 to today than have died in perhaps its highest levels ever before erything we can, including passing this Afghanistan and Iraq combined, and it seen, our investments aren’t paying opioid legislation and working in tan- is getting worse. To me, that is not off, and we need to double down, work- dem with State and local governments, just an American problem; that is a ing with our Mexican partners in the as well as nonprofit groups and reli- Mexican and American problem. commitment not only to provide the gious ministries. In 2006, Felipe Calderon, the Presi- rule of law and eliminate impunity but In the Texas capital of Austin, where dent of Mexico, initiated an armed re- to slow down and hopefully ultimately I live, one of these groups is called sponse to the cartels that were wreak- stop the flow of these illegal drugs that Bridge of Angels. Every Sunday, it ing havoc in his country and, based on are killing so many Americans. meets under an overpass right where some estimates, now control more than The consumption of these drugs in Interstate Highway 35 cuts through the a third of the country’s geographical Mexico, at least, is not as high as it is heart of Austin. Drug users and others territory. Let me pause and reempha- in our country, but it is growing. Their struggling go there, and they find peo- size that. Now, according to some esti- people are suffering severe harm in ple who will listen and people who will mates, the drug cartels control a third that country—harm due to cartel vio- help. But if you stay on Interstate or more of Mexico itself—a country of lence and criminals targeting politi- Highway 35 and, instead of exiting, 125 million people, with a 1,200-mile cians, the clergy, journalists, and inno- head south for 31⁄2 hours, eventually common border with the United States cent civilians, in addition to the addic- you will hit Mexico. I–35 proceeds all of America, and that is just the Texas tions. In the United States, as I men- the way to Laredo and, of course, portion. Because of their success in dis- tioned, overdose levels have sky- Nuevo Laredo, all the way on the other placing traditional authorities and rocketed. side of the border. Unfortunately, that usurping the role of law enforcement My point is that the opioids package interstate and others are some of the and government in many parts of the we have now passed is one way we show conduits used to transport drugs from country, these cartels have sometimes our commitment to address these de- Mexico right to America’s doorstep. created what has been referred to as a velopments. It is how we say enough is U.S. Customs and Border Protection, ‘‘parallel state’’ in Mexico—ungoverned enough. Again, I wish I could be con- led by leaders like my friend, Rio by anyone except for the drug cartels. fident that our efforts will stop and fix Grande Valley Sector Chief Manny As a matter of fact, law enforcement this problem once and for all, but they Padilla, and the new, very impressive can’t even get into these areas for fear do represent a significant step in the Border Patrol Chief, Carla Provost, of being wiped out. right direction. whom I met with last week, do every- The Mexican legal system tries to With this legislation, we will reduce thing in their power to detect these keep up, and certainly the country has the use and supply of illicit drugs and poisons before they can make it over to developed laws and institutions that encourage recovery of those suffering

VerDate Sep 11 2014 02:26 Sep 19, 2018 Jkt 079060 PO 00000 Frm 00020 Fmt 4637 Sfmt 0634 E:\CR\FM\G18SE6.042 S18SEPT1 SSpencer on DSKBBXCHB2PROD with SENATE September 18, 2018 CONGRESSIONAL RECORD — SENATE S6217 from addiction. We will support care- tinct privilege of serving in the U.S. My unlikely friendship with the late givers, and we will drive innovation Senate, what some have called the Senator Kennedy embodied the spirit and long-term solutions. It is a power- world’s greatest deliberative body. of goodwill and collegiality that used ful first step as we continue, with our Speaking on the Senate floor, debating to thrive here. Teddy and I were a case friends in Mexico, to work together legislation in committee, corralling study in contradictions. He was a dyed- hand in hand to fight this terrible the support of my colleagues on com- in-the-wool Democrat; I was a resolute scourge. promise legislation—these are the mo- Republican. But by choosing friendship Mr. President, I yield the floor. ments I will miss. These are the memo- over party loyalty, we were able to I suggest the absence of a quorum. ries I will cherish forever. pass some of the most significant bi- The PRESIDING OFFICER. The To address this body is to experience partisan achievements of modern clerk will call the roll. a singular feeling, a sense that you are times, from the Americans with Dis- The assistant bill clerk proceeded to a part of something bigger than your- abilities Act and the Religious Free- call the roll. self, a minor character in the grand dom Restoration Act to the Ryan Mr. MCCONNELL. Mr. President, I narrative that is America. White bill and the State Children’s ask unanimous consent that the order No matter how often I come to speak for the quorum call be rescinded. Health Insurance Program. at this lectern, I experience that feel- Nine years after Teddy’s passing, it is The PRESIDING OFFICER (Mr. LEE). ing, again and again, but today, if I am Without objection, it is so ordered. worth asking: Could a relationship like being honest, I also feel sadness. In- this even exist in today’s Senate? f deed, my heart is heavy. It aches for Could two people with polar opposite EXECUTIVE SESSION the times when we actually lived up to beliefs and from vastly different walks our reputation as the world’s greatest of life come together as often as Teddy deliberative body. It longs for the days and I did for the good of the country? EXECUTIVE CALENDAR in which Democrats and Republicans Or are we too busy vilifying each other Mr. MCCONNELL. Mr. President, I would meet on middle ground rather to even consider friendship with the ask unanimous consent that the Sen- than retreat to their partisan trenches. other side? ate proceed to the en bloc consider- Now, some may say I am waxing nos- Many factors contribute to the cur- ation of the following nominations: Ex- talgic, yearning—as old men often do— rent dysfunction, but if I were to iden- ecutive Calendar Nos. 766 and 868. for some golden age that never existed. tify the root of our crisis, it would be The PRESIDING OFFICER. Is there They would be wrong. this: the loss of comity and genuine The Senate I have described is not objection? good feeling among Senate colleagues. some fairytale but the reality we once Without objection, it is so ordered. Comity is the cartilage of the Senate, The clerk will report the nomina- knew. Having served as a Senator for the soft connective tissue that cush- tions. nearly 42 years, I can tell you this: ions impact between opposing joints, The bill clerk read the nominations Things weren’t always as they are now. of John E. Whitley, of Virginia, to be I was here when this body was at its but in recent years, that cartilage has an Assistant Secretary of the Army best. I was here when regular order was been ground to a nub. All movement and Charles P. Verdon, of California, to the norm, when legislation was debated has become bone on bone. Our ideas be Deputy Administrator for Defense in committee, and when members grate against each other with increas- Programs, National Nuclear Security worked constructively with one an- ing frequency and with nothing to ab- Administration. other for the good of the country. I was sorb the friction. We hobble to get any Thereupon, the Senate proceeded to here when we could say, without any bipartisan legislation to the Senate consider the nominations en bloc. hint of irony, that we were Members of floor, much less to the President’s Mr. MCCONNELL. I ask unanimous the world’s greatest deliberative body. desk. The pain is excruciating, and it is consent that the Senate vote on the Times have certainly changed. felt by the entire Nation. nominations en bloc with no inter- Over the last several years, I have We must remember that our dysfunc- vening action or debate; that if con- witnessed the subversion of Senate tion is not confined to the Capitol. It firmed, the motions to reconsider be rules, the abandonment of regular ripples far beyond these walls, to every considered made and laid upon the order, and the full-scale deterioration State, to every town, and to every table en bloc; that the President be im- of the judicial confirmation process. street corner in America. mediately notified of the Senate’s ac- Polarization has ossified. Gridlock is The Senate sets the tone of American tion; that no further motions be in the new norm. Like the humidity here, civic life. We don’t mirror the political order; and that any statements relat- partisanship permeates everything we culture as much as we make it. It is in- ing to the nominations be printed in do. cumbent on us, then, to move the cul- the RECORD. On both the left and the right, the ture in a positive direction, keeping in The PRESIDING OFFICER. Is there bar of decency has been set so low that mind that everything we do here has a objection? jumping over it is no longer the objec- trickle-down effect. If we are divided, Without objection, it is so ordered. tive. Limbo is the new name of the then the Nation is divided. If we aban- The question is, Will the Senate ad- game. How low can you go? The an- don civility, then our constituents will vise and consent to the Whitley and swer, it seems, is always lower. follow. Verdon nominations en bloc? All the evidence points to an unset- To mend the Nation, we must first The nominations were confirmed. tling truth: The Senate, as an institu- mend the Senate. We must restore the f tion, is in crisis. The committee proc- culture of comity, compromise, and LEGISLATIVE SESSION ess lies in shambles. Regular order is a mutual respect that used to exist here. relic of the past. Compromise—once Both in our personal and public con- the guiding credo of this great institu- duct, we must be the very change we MORNING BUSINESS tion—is now synonymous with sur- want to see in the country. We must Mr. MCCONNELL. Mr. President, I render. not be enemies but friends. ask unanimous consent that the Sen- Since I first came to the Senate in ‘‘Though passion may have strained, ate proceed to legislative session for a 1978, the culture of this place has shift- it must not break our bonds of affec- period of morning business, with Sen- ed fundamentally and not for the bet- tion. The mystic chords of memory will ators permitted to speak for up to 10 ter. Here, there used to be a level of swell when again touched, as surely minutes each. congeniality and kinship among col- they will be, by the better angels of our The PRESIDING OFFICER. Without leagues that was hard to find anywhere nature.’’ objection, it is so ordered. else. In those days, I counted Demo- These are not my words but the crats among my very best friends. One words of President Abraham Lincoln. f moment, we would be locking horns on They come from a heartfelt plea he BIPARTISANSHIP the Senate floor; the next, we would be made to the American people long ago Mr. HATCH. Mr. President, for more breaking bread together over family on the eve of the Civil War. Lincoln’s than four decades, I have had the dis- dinner. admonition is just as timely today as

VerDate Sep 11 2014 02:26 Sep 19, 2018 Jkt 079060 PO 00000 Frm 00021 Fmt 4637 Sfmt 0634 E:\CR\FM\G18SE6.043 S18SEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S6218 CONGRESSIONAL RECORD — SENATE September 18, 2018 it was then. If ever there were a time with the World Bank and the IMF, are On behalf of Judiciary, not a single in our history to heed the better angels reminders of the importance of collec- bill passed through committee without of our nature, it is now. tive action for the common good. Since wide bipartisan support. The Judiciary How can we answer Lincoln’s call to 1946, the Fulbright Program has fos- Committee contributed six separate our better angels? Over the last several tered bilateral relationships through bills—each with different sponsors, to months, I have devoted significant educational exchanges with post- this larger piece of legislation. time and resources to answering this graduate and postdoctoral scholar- I worked with my Judiciary col- question. In a series of essays and floor ships. In the words of Senator J. Wil- leagues to get near-unanimous backing speeches, I have sought to put flesh on liam Fulbright, ‘‘the vital mortar to for each of the bills. That takes a lot of the bones of Lincoln’s appeal. These seal the bricks of world order is edu- time and hard work. It takes some writings provide a blueprint for fixing cation across international boundaries, compromise. But we were able to get it our broken politics. They include: an not with the expectation that knowl- done. essay on civility—the indispensable po- edge would make us love each other, Several of the bills relate to Drug litical norm—and how to restore it to but in the hope that it would encour- Enforcement Administration authori- the public discourse; a speech entitled age empathy between nations . . . .’’ ties. Those bills will help empower ‘‘A Tale of Two Cities,’’ which draws Those words are as relevant today as DEA to better identify and stop sus- from the tragedies of Charlottesville they were back then. picious orders, gather more informa- and Houston in the summer of 2017 to Over the last 70 years, thousands of tion when setting annual quotas for issue a call for unity and strength; a students from the United States and opioids, and facilitate the flow of infor- well-reasoned critique of identity poli- the United Kingdom have crossed the mation among drug manufacturers and tics, specifically, the threat it poses to Atlantic to deepen their understanding distributors to enable better reporting the American experiment and how we of each other’s countries and cultures. decisions to warn DEA of potential can heal age-old divisions by embrac- Fulbright scholarships have not only problems. ing the politics of ideas, not identity; a been the catalysts for great artists, I teamed up with my fellow Iowan, discourse on the invaluable worth of journalists, scientists, lawyers, inde- Senator ERNST, to promote higher par- the individual and how affirming this pendent scholars, and many others; ticipation in drug take-back programs worth can help us curb the suicide epi- they have cemented friendships around so that unused, forgotten opioids don’t demic among LGBTQ youth and create the globe for generations. find their way from the medicine cabi- a stronger, more civil society; a pro- I invite my fellow Senators to cele- net into unauthorized hands. posal to establish Geneva Conventions brate the many Fulbright scholars and Another bill successfully reported for the culture wars, a new set of emerging leaders who have worked in out of the Judiciary Committee reau- norms that can ease partisan tensions countless ways to foster tolerance and thorizes the Office of National Drug and help us contain the worst excesses understanding in their communities, Control Policy. ONDCP directs, crafts, of political warfare; and finally, an op- countries, and around the world. In my and coordinates the drug policy strat- ed on pluralism and how embracing 44 years in the Senate, I cannot think egy for the entire Nation. this forgotten virtue can help us over- of a time when those attributes were Its reauthorization sends a message come tribal tolerance and effect mean- more needed than they are today. to other Federal agencies and the coun- ingful change. f try that we will continue to have strong leadership guiding us through These writings appeal to the human- OPIOID EPIDEMIC ity, grace, and inherent goodness in this crisis. each of us. The purpose of this project Mr. GRASSLEY. Mr. President, last Yet another bill closes a loophole ad- is to remind readers of the singularity night was a great moment for the Sen- dressing illegal actors peddling syn- of the American experiment and how ate. thetic drugs, allowing law enforcement We have been able to pass a broad we can preserve this great Nation only to better investigate and prosecute legislative package that will address by heeding the higher virtues within cases involving synthetics. the opioid epidemic in many ways. us. Outside of the Judiciary Committee As we all know, the opioid crisis is As a parting gift, I plan to share a legislation, this bill also includes sev- not nearing its end. eral priorities of mine, including re- copy of this compilation with each of We are seeing more and more Ameri- quiring drug manufacturers to publicly my Senate colleagues, as well as our cans abuse opioid drugs every year. disclose payments made to nurse prac- friends in the House and leaders in the In 2016, there were 64,000 overdose titioners and physician assistants, just executive branch. I sincerely ask that deaths, and this number rose to a stag- like doctors; increasing access to sub- each of you take the time to study gering 72,000 deaths in 2017. these writings. Please, ponder their Right now, more than 115 people in stance abuse treatment in rural areas words and ask yourself how we can the United States die from opioid via telehealth; and better data collec- apply these ideas to restore our Na- overdoses every day. tion to make sure taxpayer dollars are tion’s civic health. In Iowa last year, more than 200 peo- spent helping people who need help and When we heed our better angels— ple died from opioid misuse. not lining the pockets of crooks who when we hearken to the voices of civil- If there is one thing we have learned, take advantage of common people. ity and reason native to our very na- it is that no segment of society has While I cosponsored a number of bills ture—we can transcend our tribal in- been left untouched. in the opioid package, it is important stincts and preserve our democracy for The crisis has affected people all over to remember that this legislation is a future generations. That we may do so this country. Communities throughout team effort. is my humble prayer. the United States are desperate for an- The combination of bills from the Ju- f swers. diciary Committee, Commerce Com- While overcoming this crisis cannot mittee, Finance Committee, and the THE UNITED STATES-UNITED be accomplished overnight, the passage HELP Committee broadly address the KINGDOM FULBRIGHT COMMISSION of the Opioid Crisis Response Act is a multiple facets of the epidemic. Mr. LEAHY. Mr. President, as a huge step in the right direction. As we have learned through several member of the British-American Par- This legislation is a collection of Judiciary Committee hearings, we liamentary Group, I would like to take more than 70 proposals from four dif- can’t focus on single issues as we com- a moment to recognize the 70th anni- ferent committees here in the Senate, bat this drug crisis. versary of the creation of the United including Judiciary, where I led six dif- Rather, this legislation looks at the States-United Kingdom Fulbright Com- ferent bills through committee. epidemic as a whole. mission. It is important to highlight how well From prevention, treatment, recov- In the aftermath of the Second World we worked together on both sides of ery, and enforcement efforts, the bill War, Congress took steps aimed at cre- the aisle—and across the aisle—to get runs the gamut. It contains provisions ating a more peaceful and prosperous to this point. This was a massive bipar- on transparency in opioid prescribing, world. The Fulbright Program, along tisan effort. family-focused residential treatment

VerDate Sep 11 2014 02:26 Sep 19, 2018 Jkt 079060 PO 00000 Frm 00022 Fmt 4637 Sfmt 0634 E:\CR\FM\A18SE6.058 S18SEPT1 SSpencer on DSKBBXCHB2PROD with SENATE September 18, 2018 CONGRESSIONAL RECORD — SENATE S6219 options, education on drug abuse for Along the way, these ambassadors be achieved at the DOE. U.S. Secretary youth, and tools for prosecuting ped- made numerous stops, thanking Ameri- of Energy Rick Perry highlighted the dlers of synthetic drugs. cans for their support during those TREAT restart team’s effort and effi- The Opioid Crisis Response Act ad- dark times in history and reminding us ciency, and recognized the importance dresses the front end of the problem all of the links shared between our two of the facility to nuclear energy sci- through education and prevention and great nations. Bony’s trip concluded on entists and engineers as they work to also tackles the back end through September 10, 2018, in Jacksonville, FL, develop advanced nuclear fuels and re- treatment and law enforcement solu- where Mr. de Goulaine’s ancestor, actor technologies. tions. French explorer Rene de Goulaine de Congratulations, INL and DOE, on I would like to recognize my col- Laudonniere, founded the first Euro- the TREAT restart and for bringing leagues and thank them for their coop- pean settlement in America. back online an important national erative spirit and determined efforts to As we near the 100th anniversary of asset in the effort to develop the ad- help develop and move this legislation the end of World War I, I invite all vanced nuclear reactors so vital to our forward. Americans to remember the sacrifice of economy, environment, and national Without reaching across the aisle and our great generation and our enduring security. working together, we wouldn’t be here. allies in Europe. Furthermore, it is f In particular, I would like to thank with gratitude and appreciation that I ADDITIONAL STATEMENTS Senator ALEXANDER and his staff for thank Mr. de Goulaine and Mr. their leadership in making this happen. Lauvergeat for reminding us of the I am proud of the work we have done deep friendship of the people of France TRIBUTE TO CALEB FRARE so far and look forward to continuing and for undertaking this feat to bring ∑ Mr. DAINES, Mr. President, this our bipartisan effort. home a symbol of American ingenuity, week I have the honor of recognizing Hopefully, this bill crosses the finish steadfastness, and resolve from World Caleb Frare of Custer County for be- line, and we get the President’s signa- War I. coming the most recent Montanan to ture on a major piece of legislation. f play Major League Baseball. We certainly haven’t solved all of our Born in Billings, MT, Caleb, like drug problems, but I will continue to RECOGNIZING THE TRANSIENT RE- ACTOR TEST FACILITY RESTART most boys, dreamt of becoming a pro- work hard to look for more ways that fessional baseball player. Throughout Congress can help, but for today, we Mr. CRAPO. Mr. President, along his adolescent life, Caleb advanced in can take a brief moment to recognize with my colleagues Senator JAMES all levels of baseball. As a standout of what we have done in passing this bill. RISCH and Representative MIKE SIMP- the Miles City Outlaws baseball club, It is truly an important step in the SON, today I wish to call attention to Caleb was on track to a promising ca- right direction. This bill will serve an important event taking place today reer in baseball. Iowans and all Americans in our con- at the U.S. Department of Energy’s, After graduation from Custer County tinued fight against the opioid crisis. DOE, 890–square-mile site in Idaho. High School in 2012, Caleb was drafted f Today, Idaho National Laboratory, by the New York Yankees in the 11th INL, personnel ran the first experi- OPERATION TWIN LINKS round. Caleb was recently traded by ments in the Transient Reactor Test, the New York Yankees to the Chicago Mr. NELSON. Mr. President, on the TREAT, facility in nearly a quarter White Sox, where he played on their 11th of November 2018, the world cele- century. triple-A team out of Charlotte, NC. brates the 100th anniversary of the end Idaho National Laboratory is our Na- Caleb received the phone call he had so of World War I. America entered the tion’s lead nuclear energy research, de- patiently been awaiting his whole life. Great War 2 years, 8 months, and 9 velopment, and demonstration labora- The White Sox had called him up for days after it started, but with our al- tory, the place where 52 original nu- his first Major League debut. In his lies and through great sacrifice, de- clear reactors were constructed and debut, Caleb pitched a perfect inning in feated the Central Powers. demonstrated. One of those reactors the Chicago White Sox’s 8–0 win over In honor of the Great War centennial, was the TREAT facility, which oper- the Boston Red Sox. two men have served as thankful am- ated from 1959–1994, and remained fully I congratulate Caleb on such a tre- bassadors from our oldest ally: France. fueled while on standby status. Tran- mendous achievement and look forward Mr. Christophe de Goulaine and Mr. sient testing focuses upon testing nu- to the many more milestones he will Pierre Lauvergeat have undertaken a clear fuel under accident conditions. complete during his baseball career.∑ historic effort named Operation Twin TREAT is one of the most capable and f Links. In tribute to American World flexible transient test reactors in the War I veterans and their families, the world. TRIBUTE TO GARY JOHNSON two men traveled almost 5,000 miles of Following the accident at the ∑ Mr. INHOFE. Mr. President, I am American countryside on a fully re- Fukushima-Daiichi Power Plant in pleased to recognize Mr. Gary Johnson stored 1918 Harley Davidson 1000 18–J Japan 7 years ago, Congress directed on the occasion of his retirement. Gary motorcycle. This is the very model our the DOE to develop reactor fuels that has served as the airport director for servicemembers rode throughout the could better withstand accident condi- the city of Stillwater Regional Airport, Western Front. It is also the same tions. During TREAT’s 35 operating SWO for the past 32 years and has a model that Corporal Roy Holtz of Chip- years, the reactor performed 6,604 reac- lifelong dedication to the aviation pewa Falls, WI, rode into Germany on tor startups and 2,884 transient irradia- community. Under his steady leader- November 12, 1918, in the famous photo- tions. Given this history, it made more ship, Stillwater Regional Airport has graph titled, ‘‘The first Yank and Har- sense to restart the facility than build grown into one of Oklahoma’s best gen- ley to enter Germany.’’ The motor- a new reactor. That decision paid off eral aviation and commercial airports. cycle is named Bony, after the French when, on August 31, 2017, the Resump- Earlier this year, Stillwater Regional commune which is home to Somme tion of Transient Testing Program was Airport celebrated its 100,000th com- American Cemetery and Memorial, the completed more than 1 year ahead of mercial passenger in less than 2 years— final resting place for 1,844 American schedule and approximately $17 million made possible because Gary brought soldiers. under budget. regular commercial service back to the Operation Twin Link’s historic jour- This highly successful restart at the airport. ney of remembrance and thanks began TREAT facility was recognized in Au- Gary began his career in aviation by at Fort Caroline National Memorial in gust, when a joint DOE-INL team won graduating from Southeastern Okla- Jacksonville, FL, which shares a spe- the Secretary of Energy Award. This homa State University with a bach- cial linkage as twin city to Nantes, award recognizes DOE employees or elor’s of science in professional avia- France. From there, Bony traveled to contractors who accomplish significant tion-business. In addition to being a the Harley Davidson Headquarters in achievements. It is the highest non- pilot, he started his own fixed based op- Milwaukee, WI, then to Las Vegas, NV. monetary internal recognition that can erator, the Stillwater Flight Center,

VerDate Sep 11 2014 02:26 Sep 19, 2018 Jkt 079060 PO 00000 Frm 00023 Fmt 4637 Sfmt 0634 E:\CR\FM\A18SE6.063 S18SEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S6220 CONGRESSIONAL RECORD — SENATE September 18, 2018 before becoming the airport director at his grandchildren and great-grand- on D.C. Act 22–444, ‘‘Anacostia River Toxics Stillwater. As airport director, Gary children.∑ Remediation Temporary Amendment Act of has been a fixture in the Oklahoma 2018’’; to the Committee on Homeland Secu- f rity and Governmental Affairs. aviation community, even serving as EC–6522. A communication from the Chair- president of the Oklahoma Airport Op- RECOGNIZING BATESVILLE TOOL & DIE, INC. man of the Council of the District of Colum- erators Association twice. Gary was bia, transmitting, pursuant to law, a report awarded the Airport Manager of the ∑ Mr. YOUNG. Mr. President, I wish to on D.C. Act 22–445, ‘‘Credit Protection Fee Year in 2017, the same year that Still- rise today to extend my heartfelt con- Waiver Temporary Amendment Act of 2018’’; water Regional Airport was recognized gratulations to the Fledderman family to the Committee on Homeland Security and as Oklahoma Airport of the Year by and the employees at Batesville Tool & Governmental Affairs. the Oklahoma Airport Operators Asso- Die, Inc., BTD, as they celebrate their EC–6523. A communication from the Chair- man of the Council of the District of Colum- ciation and the Federal Aviation Ad- 40th anniversary. Headquartered in bia, transmitting, pursuant to law, a report ministration. Batesville, IN, BTD has become a glob- on D.C. Act 22–446, ‘‘At-Risk Tenant Protec- At the Federal level, Gary has been a al manufacturer of superior metal tion Clarifying Temporary Amendment Act passionate advocate for aviation, serv- stampings for appliance, industrial, of 2018’’; to the Committee on Homeland Se- ing on the board of the American Asso- and automotive markets. curity and Governmental Affairs. ciation of Airport Executives and as a Founded in 1978 by Ron Fledderman, EC–6524. A communication from the Chair- vocal member of the U.S. Contract BTD started with a single press and a man of the Council of the District of Colum- Tower Association, ensuring that all bia, transmitting, pursuant to law, a report small tool room. The current second- on D.C. Act 22–447, ‘‘Southwest Waterfront Members of Congress are aware of the generation president and CEO, Jody Park Bus Prohibition Temporary Act of importance of general aviation to their Fledderman, took the reins in 1989 with 2018’’; to the Committee on Homeland Secu- constituents and to their communities. the same promise to his customers: to rity and Governmental Affairs. I know that I join his family, the provide quality, low-cost products with EC–6525. A communication from the Chair- Stillwater Regional Airport, and the technical expertise. Today the com- man of the Council of the District of Colum- city of Stillwater community in thank- pany is estimated to be a multimillion- bia, transmitting, pursuant to law, a report ing Gary for his years of service and dollar business with nearly 1,000 em- on D.C. Act 22–448, ‘‘Southwest Waterfront Parking Enforcement Temporary Act of contributions to the aviation commu- ployees. As a member of the Com- 2018’’; to the Committee on Homeland Secu- nity. mittee on Small Business and Entre- rity and Governmental Affairs. Congratulations on your retirement.∑ preneurship, it is important that we EC–6526. A communication from the Chair- f recognize the value small and medium- man of the Council of the District of Colum- bia, transmitting, pursuant to law, a report REMEMBERING PETE CLEMONS sized businesses have in rural communities like Batesville, IN. on D.C. Act 22–452, ‘‘Campaign Finance Re- ∑ Mr. NELSON. Mr. President, I would I ask that my colleagues join me in form and Transparency Temporary Amend- ment Act of 2018’’; to the Committee on like to recognize the legacy of an ex- honoring the Fledderman family and traordinary fourth generation Flo- Homeland Security and Governmental Af- the workers at Batesville Tool & Die, fairs. ridian and friend who passed away last Inc., for their 40 years of dedicated cus- EC–6527. A communication from the Chair- weekend. tomer service and economic innova- man of the Council of the District of Colum- Otis Odell ‘‘Pete’’ Clemons died on tion.∑ bia, transmitting, pursuant to law, a report September 16, 2018, at the age of 91. He on D.C. Act 22–438, ‘‘Vital Records Mod- f was a well-known Florida cowboy. In ernization Amendment Act of 2018’’; to the fact, he won the Best All Around Cow- ENROLLED BILL PRESENTED Committee on Homeland Security and Gov- ernmental Affairs. boy honors at Silver Spurs Rodeo a The Secretary of the Senate reported record eight times. His rodeo skills in- EC–6528. A communication from the Chair- that on today, September 18, 2018, she man of the Council of the District of Colum- spired artist Buster Kenton to create a had presented to the President of the bia, transmitting, pursuant to law, a report cartoon character named Cowboy Jake. United States the following enrolled on D.C. Act 22–439, ‘‘Omnibus Alcoholic Bev- Pete served his country in the U.S. bill: erage Regulation Amendment Act of 2018’’; Navy during World War II. After the S. 994. An act to amend title 18, United to the Committee on Homeland Security and war, he attended the University of States Code, to provide for the protection of Governmental Affairs. EC–6529. A communication from the Chair- Florida and earned his bachelor’s de- community centers with religious affili- man of the Council of the District of Colum- gree in 1950. ation, and for other purposes. He became the owner and operator of bia, transmitting, pursuant to law, a report f on D.C. Act 22–440, ‘‘Redevelopment of the the Okeechobee Livestock Market. The EXECUTIVE AND OTHER Center Leg Freeway (Interstate 395)’’; to the market continues to operate today Committee on Homeland Security and Gov- under the management of his two sons, COMMUNICATIONS ernmental Affairs. Jeff and Todd Clemons. The following communications were EC–6530. A communication from the Chair- Notably, Pete is the only person to laid before the Senate, together with man of the Council of the District of Colum- be inducted into the Florida Agri- accompanying papers, reports, and doc- bia, transmitting, pursuant to law, a report on D.C. Act 22–441, ‘‘Homeless Shelter Re- culture Hall of Fame and the Florida uments, and were referred as indicated: Sports Hall of Fame. In 2009, he replacement Amendment Act of 2018’’; to the EC–6519. A communication from the Acting Committee on Homeland Security and Gov- ceived the Florida Folk Heritage Congressional Review Coordinator, Animal ernmental Affairs. Award in recognition of his successful and Plant Health Inspection Service, Depart- EC–6531. A communication from the Chair- rodeo career, as well as his contribu- ment of Agriculture, transmitting, pursuant man of the Council of the District of Colum- tions to the State’s cattle-ranching to law, the report of a rule entitled ‘‘Estab- bia, transmitting, pursuant to law, a report community. lishing a Performance Standard for Author- on D.C. Act 22–442, ‘‘Fair Elections Imple- Pete was a longtime member of the izing the Importation and Interstate Move- mentation Amendment Act of 2018’’; to the Okeechobee Cattlemen’s Association ment of Fruits and Vegetables’’ (RIN0579– Committee on Homeland Security and Gov- AD71) received in the Office of the President ernmental Affairs. and served as honorary director of the of the Senate on September 17, 2018; to the EC–6532. A communication from the Chair- Florida Cattlemen’s Association. He Committee on Agriculture, Nutrition, and man of the Council of the District of Colum- was an active member of the First Forestry. bia, transmitting, pursuant to law, a report United Methodist Church. EC–6520. A communication from the Chair- on D.C. Act 22–449, ‘‘Traffic and Parking I extend my deepest condolences to man of the Council of the District of Colum- Ticket Penalty Amendment Act of 2018’’; to his family, particularly his wife Su- bia, transmitting, pursuant to law, a report the Committee on Homeland Security and sanne and his children: Jeff Clemons on D.C. Act 22–443, ‘‘Fiscal Year 2018 Revised Governmental Affairs. and his wife Debbie and Todd Clemons Local Budget Temporary Adjustment Act of EC–6533. A communication from the Chair- 2018’’; to the Committee on Homeland Secu- man of the Council of the District of Colum- and his wife Tina. Pete is also survived rity and Governmental Affairs. bia, transmitting, pursuant to law, a report by his siblings, Billie Jean Reynolds EC–6521. A communication from the Chair- on D.C. Act 22–450, ‘‘East End Certificate of and her husband Mark and Bud man of the Council of the District of Colum- Need Maximum Fee Establishment Amend- Clemons and his wife Kathy, as well as bia, transmitting, pursuant to law, a report ment Act of 2018’’; to the Committee on

VerDate Sep 11 2014 02:26 Sep 19, 2018 Jkt 079060 PO 00000 Frm 00024 Fmt 4637 Sfmt 0634 E:\CR\FM\A18SE6.060 S18SEPT1 SSpencer on DSKBBXCHB2PROD with SENATE September 18, 2018 CONGRESSIONAL RECORD — SENATE S6221 Homeland Security and Governmental Af- land Security testimony to the House of EXECUTIVE REPORTS OF fairs. Representatives Committee on Homeland Se- COMMITTEES EC–6534. A communication from the Chair- curity, ‘‘The Electromagnetic Pulse (EMP) man of the Council of the District of Colum- Threat: Examining the Consequences,’’ in The following executive reports of bia, transmitting, pursuant to law, a report 2012; and nominations were submitted: on D.C. Act 22–451, ‘‘Youth Rehabilitation Whereas, In April 2013, an electrical sub- By Mr. CORKER for the Committee on Amendment Act of 2018’’; to the Committee station in San Jose, California, was attacked Foreign Relations. on Homeland Security and Governmental Af- with gunfire, leaving transformers disabled Lynda Blanchard, of Alabama, to be Am- fairs. for nearly four weeks in an apparent attempt bassador Extraordinary and Plenipotentiary EC–6535. A communication from the Chair- to disrupt power to Silicon Valley, raising of the United States of America to the Re- man of the Council of the District of Colum- questions about the vulnerability of power public of Slovenia. bia, transmitting, pursuant to law, a report grids across the United States; now, there- Nominee: Lynda C. Blanchard. on D.C. Act 22–453, ‘‘Birth-to-Three for All fore, be it Post: Ambassador Extraordinary and Plen- DC Amendment Act of 2019’’; to the Com- Resolved by the Senate and the Assembly of ipotentiary of the United States of America mittee on Homeland Security and Govern- the State of California, jointly, That the Legis- to the Republic of Slovenia. mental Affairs. lature urges the President and the Congress (The following is a list of all members of EC–6536. A communication from the Regu- of the United States to work together to im- my immediate family and their spouses. I lation Policy Development Coordinator, Of- plement grid hardening measures and to help have asked each of these persons to inform fice of Regulation Policy and Management, ensure our nation’s critical electrical infra- me of the pertinent contributions made by Department of Veterans Affairs, transmit- structure is protected from threats from them. To the best of my knowledge, the in- ting, pursuant to law, the report of a rule en- electromagnetic pulses and physical attacks formation contained in this report is com- titled ‘‘VA Acquisition Regulation: Contract on the infrastructure; and be it further plete and accurate.) Cost Principles and Procedures; Protests, Resolved, That the Secretary of the Senate Contributions, amount, date, and donee: 1. Self: $2,700.00, 11/5/2016, Martha Roby for Disputes and Appeals’’ (RIN2900–AQ02) re- transmit copies of this resolution to the Congress; $2,500.00, 10/31/2016, Reaching for a ceived in the Office of the President of the President and the Vice President of the Brighter America PAC; $5,000.00, 9/30/2016, Senate on September 17, 2018; to the Com- United States, to the Speaker of the House Common Sense Common Solutions PAC; mittee on Veterans’ Affairs. of Representatives, to the Majority Leader of $40,725.00, 11/30/2017, Republican National the Senate, and to each Senator and Rep- f Committee; $9,275.00, 11/30/2017, Republican resentative from California in the Congress National Committee; $5,000.00, 10/26/2017, PETITIONS AND MEMORIALS of the United States. HALPAC; $24,625.00, 8/29/2017, Republican Na- The following petition or memorial f tional Committee; $1,200.00, 8/29/2017, Kay was laid before the Senate and was re- REPORTS OF COMMITTEES Granger Campaign Fund; $2,700.00, 8/29/2017, ferred or ordered to lie on the table as Kay Granger Campaign Fund; $50,000.00, 8/1/ indicated: The following reports of committees 2017, Strengthen Majority Committee ($25,000 were submitted: POM–303. A joint resolution adopted by the went to NRSC and $24,625 went to RNC, $1,200 Legislature of the State of California urging By Mr. BARRASSO, from the Committee to Kay Granger Campaign Fund, and $2,700 to the President of the United States and the on Environment and Public Works, without Kay Granger Campaign Fund); $25,000.00, 8/1/ United States Congress to work together to amendment: 2017, NRSC; $2,700.00, 5/9/2018, Martha Roby implement grid hardening measures and to S. 593. A bill to amend the Pittman-Rob- for Congress. 2. Children and Spouses: Christopher John help ensure our nation’s critical electrical ertson Wildlife Restoration Act to facilitate Blanchard—deceased; Benjamin Nicholas infrastructure is protected from threats from the establishment of additional or expanded Blanchard $1,000.00, 8/11/2017, Kay Granger electromagnetic pulses and physical attacks public target ranges in certain States. Campaign Fund; Haleyann Denise Blanchard on the infrastructure; to the Committee on S. 1537. A bill to amend the Neotropical Mi- $0, Keren Cesia Blanchard $0, Jennifer Ruth Energy and Natural Resources. gratory Bird Conservation Act to reauthorize the Act. Blanchard $0, Gracie Mae Blanchard $0, SENATE JOINT RESOLUTION NO. 20 S. 1857. A bill to establish a compliance Lizbeth Lucero Blanchard $0. Whereas, Geomagnetic storms are natural deadline of May 15, 2023, for Step 2 emissions 3. Parents: Peggy Cleveland Powell $0, phenomena involving disturbances in the standards for new residential wood heaters, Dwight Merrill Cleveland—deceased, John earth’s geomagnetic field caused by solar ac- new residential hydronic heaters, and forced- Miller Powell (step) $0. tivity; and air furnaces. 4. Grandparents: Oscar Hale—deceased; Whereas, Disruptions of electrical power By Mr. BARRASSO, from the Committee Stella Hale—deceased; Richard Scales caused by geomagnetic storms, such as the on Environment and Public Works, with an (step)—deceased; Ann Scales—deceased; Mr. collapse of the Hydro-Quebec grid during the amendment in the nature of a substitute: Cleveland—deceased when father was a child, geomagnetic storm of 1989, have occurred S. 1934. A bill to prevent catastrophic fail- did not know him. many times in the past; and ure or shutdown of remote diesel power en- 5. Brothers and Spouses: Mitchell Tyson Whereas, The congressionally mandated gines due to emission control devices, and Powell (step), Michelle Brenny Powell, Commission to Assess the Threat to the for other purposes. $6,000.00, 7/19/2017, Kay Granger Campaign United States from Electromagnetic Pulse By Mr. BARRASSO, from the Committee Fund. 6. Sisters and Spouses: Yvonne Annette Attack found, in its report delivered in July on Environment and Public Works, without Schneckenberger, $0, Donald Michael of 2004, that an enemy using a low-yield nu- amendment: clear weapon detonated at a high altitude S. 2461. A bill to allow for judicial review of Schneckenberger, $0, Cynthia Cleveland above the United States could carry out an certain final rules relating to national emis- Burnside, $0, Sheldon John Burnside, $0. electromagnetic pulse (EMP) attack against sion standards for hazardous air pollutants the United States, and that an EMP attack Daniel N. Rosenblum, of Maryland, a Ca- for brick and structural clay products or for reer Member of the Senior Executive Serv- has the potential to place our society at risk clay ceramics manufacturing before requir- and to defeat the Armed Forces of the United ice, to be Ambassador Extraordinary and ing compliance with the rules by existing Plenipotentiary of the United States of States; and sources. Whereas, Congress has commissioned nu- America to the Republic of Uzbekistan. By Mr. BARRASSO, from the Committee Nominee: Daniel N. Rosenblum. merous other hearings and reports on this on Environment and Public Works, with an Post: Republic of Uzbekistan. issue, including the House of Representatives amendment in the nature of a substitute: (The following is a list of all members of National Security Committee hearing on the S. 2827. A bill to amend the Morris K. Udall my immediate family and their spouses. I EMP threat in 1997, the House of Representa- and Stewart L. Udall Foundation Act. have asked each of these persons to inform tives Military Research and Development By Mr. GRASSLEY, from the Committee me of the pertinent contributions made by Subcommittee hearing on the threat to the on the Judiciary, with an amendment in the them. To the best of my knowledge, the in- United States of potential EMP attacks in nature of a substitute: formation contained in this report is com- 1999, the creation of the Commission to As- S. 2961. A bill to reauthorize subtitle A of plete and accurate.) sess the Threat to the United States from the Victims of Child Abuse Act of 1990. Contributions, amount, date, and donee: Electromagnetic Pulse Attack in 2001, the By Mr. GRASSLEY, from the Committee 1. Self: $0, N/A, N/A. congressional commission report, ‘‘Critical on the Judiciary, without amendment: 2. Spouse: $2,700, 2/21 & 3/14/2016, Hillary for National Infrastructures,’’ issued in 2008, the S. 3170. A bill to amend title 18, United America (Primary); $1,750, 7/5 & 9/18/2016, Hil- United States Navy Naval Sea Systems Com- States Code, to make certain changes to the lary Victory Fund (Primary); $1,675, 7/5, 8/17 mand EMP program in 2010, the North Amer- reporting requirement of certain service pro- & 9/30/2016, Hillary for America (General); ican Electric Reliability Corporation/federal viders regarding child sexual exploitation $1,000, 9/18/2016, Hillary Victory Fund (Gen- Department of Energy report, ‘‘High-Impact, visual depictions, and for other purposes. eral); $250, 12/23/2017, Tammy Baldwin for Low-Frequency Event Risk to the North S. 3354. A bill to amend the Missing Chil- Senate; $250, 2/8/2018, Soderberg for Congress. American Bulk Power System,’’ issued in dren’s Assistance Act, and for other pur- 3. Children: Jonah Rosenblum: $0, N/A, N/A; 2010, and the federal Department of Home- poses. Liana Rosenblum: $0, N/A, N/A.

VerDate Sep 11 2014 03:47 Sep 19, 2018 Jkt 079060 PO 00000 Frm 00025 Fmt 4637 Sfmt 0634 E:\CR\FM\A18SE6.008 S18SEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S6222 CONGRESSIONAL RECORD — SENATE September 18, 2018 4. Parents: Louis Rosenblum: $0, N/A, N/A. Post: Managua. 4. Parents: None. 5. Grandparents: Deceased. (The following is a list of all members of 5. Grandparents: None. 6. Brothers and Spouses: None. my immediate family and their spouses. I 6. Brothers and Spouses: None. 7. Sisters and Spouses: Janet Metz: $0, N/A, have asked each of these persons to inform 7. Sisters and Spouses: None. N/A; Miriam Rosenblum: $0, N/A, N/A; Shel- me of the pertinent contributions made by don Benjamin: $0, N/A, N/A. Diane them. To the best of my knowledge, the in- Earl Robert Miller, of Michigan, a Career Rosenblum: $10, 10/22/14, Alaskans for Begich; formation contained in this report is com- Member of the Senior Foreign Service, Class $35, 10/22 & 29/14, Udall for Colorado; $10, 10/ plete and accurate.) of Counselor, to be Ambassador Extraor- 22/14, Progressives United; $10, 10/22/14, Contributions, Amount, Date, and Donee: dinary and Plenipotentiary of the United Braley for Iowa; $500 (total), 7 periodic 1. Self: Kevin K. Sullivan: None. States of America to the People’s Republic contribs. between 12/20/15 and 5/7/16, Bernie 2. Spouse: Mariangeles Quinto: None; of Bangladesh. 2016; $296 (total), 24 periodic contribs. be- Daughter: Sophie E. Sullivan: None. Nominee: Earl Robert Miller. tween 12/29/15 and 5/26/18, Act Blue; $50 3. Parents: Daniel K. Sullivan—Deceased; Post: U.S. Embassy, Gaborone, Botswana. (total), 9/28 & 9/30/16, Americans for Respon- Marlene F. Sullivan—Deceased. (The following is a list of all members of 4. Grandparents: Raymond Sullivan—De- sible Solutions PAC; $165 (total), 5 periodic my immediate family and their spouses. I ceased; Lilian Sullivan—Deceased; Thomas contribs. between 10/16/16 and 11/5/16, Deborah have asked each of these persons to inform J. Frain—Deceased; Lucille Frain—Deceased. Ross for United States Senate; $150 (total) 5 me of the pertinent contributions made by 5. Brothers and Spouses: Patrick K. Sul- periodic contribs. between 10/17/16 and 11/5/16, them. To the best of my knowledge, the in- livan, None. formation contained in this report is com- Russ for Wisconsin; $150 (total), 4 periodic 6. Sisters and Spouses: Kathryn K. Sul- plete and accurate.) contribs. between 11/15/16 and 12/3/16, Foster livan, None. Campbell for United States Senate; $15, 2/8/ Contributions, amount, date, and donee: 1. Self: none. 17, Elizabeth for MA, Inc.; $40 (total), 4/13 & Kip Tom, of Indiana, for the rank of Am- 14/17, Jon Osoff for Congress; $50, 7/6/17, 2. Spouse: N/A. bassador during his tenure of service as U.S. 3. Children and spouses: Andrew Robert Friends of Bernie Sanders; $25, 8/3/17, Amy Representative to the United Nations Agen- McGrath for Congress. Henry Gordon: $266, 23 Miller: none; Alexander James Miller: none; cies for Food and Agriculture. Kendra Elaine Dexter: none. periodic contribs. between 2/15/14 & 2/5/18, Act Nominee: Kip Tom. 4. Parents: Robert James Miller—deceased; Blue; $17.50, 7/4/14, 8/7/15 & 5/25/16, Progressive Post: UN Agencies for Food and Agri- Wanda Morgan Miller: none. Change Campaign Committee; $70, 4 periodic culture—Rome. 5. Grandparents: Earl Miller—deceased; contribs. between 2/15/14 and 10/21/14, Com- (The following is a list of all members of Elsie Miller—deceased; Walter Lee Morgan— mittee to Elect Alan Grayson; $1,007, 28 peri- my immediate family and their spouses. I deceased; Mertie Alberta Morgan—deceased. odic contribs. between 4/30/15 & 5/25/16, Bernie have asked each of these persons to inform 6. Brothers and spouses: David Gene 2016; $55.19, 4 periodic contribs. between 1/21/ me of the pertinent contributions made by Keltner, none. them. To the best of my knowledge, the in- 16 & 10/21/16, Russ for Wisconsin; $27.69, 1/21/ 7. Sisters and spouses: Kara Maria Miller, formation contained in this report is com- 16 & 10/21/16, Catherine Cortez Masto for Sen- none; Dena Diane Garrison, none; Donald plete and accurate.) ate; $47.50, 4 periodic contribs. between 4/13/16 Garrison (spouse), none; Aimery Liseli & 10/21/16, Flores for Congress; $35.19, 3 peri- Contributions, amount, date, and donee: Self: $150,000, Apr-2016, Kip Tom for Con- Trynt, none; Tara Tene Gilles, none; Patrick odic contribs. between 4/13/16 & 10/21/16, Gilles (spouse), none. Pramila for Congress; $35.20, 3 periodic gress; $1,000, Dec-2017, Steve Braun for Con- gress; $1,000, Jun-2016, Roger Marshall for contribs. between 4/13/16 & 10/21/16, Zephyr Mark Rosen, of Connecticut, to be United Teachout for Congress; $27.70, 10/21/16 & 10/23/ Congress; $1,300, Jun-2016, Growth Energy PAC; $5,400, Mar-2015, Todd Young for Sen- States Executive Director of the Inter- 16, Deborah Ross for Senate; $7.69, 10/21/16, national Monetary Fund for a term of two Clements for Congress; $7.69, 10/21/16, Com- ate; $5,400, Jun-2016, Todd Young for Senate; $1,000, Apr-2014, Todd Rokita for Congress; years. mittee to Elect Chase Iron Eyes; $7.69, 10/21/ By Mr. BARRASSO for the Committee on 16, Nolan for Congress Volunteer Committee; $1,876, Aug-2014, Jackie Walorski for Con- gress; $1,500, Sep-2016, Todd Young Victory Environment and Public Works. $7.69, 10/21/16, Berragan for Congress; $7.69, 10/ * Harold B. Parker, of New Hampshire, to 21/16, Maggie for NH; $7.69, 10/21/16, Carroll Fund; $1,500, Oct-2015, Ind. Republican Fund; $1,000, Oct-2017, Kyle Dukes for Sheriff. be Federal Cochairperson of the Northern for Colorado; $7.69, 10/21/16, Nelson for Wis- Border Regional Commission. consin; $7.69, 10/21/16, Katie McGinty for Sen- Spouse: None. Children and Spouses: Kyle and Angie By Mr. HATCH for the Committee on Fi- ate. Tom: $5,400, Sep-2015, Kip Tom For Congress; nance. Mark and Kandi Dunwiddie: $5,400, Sep-2015, * Elizabeth Darling, of Texas, to be Com- Karen L. Williams, of Missouri, a Career Kip Tom For Congress; Greg and Kassi Row- missioner on Children, Youth, and Families, Member of the Senior Foreign Service, Class land: $5,400, Sep-2015, Kip Tom For Congress; Department of Health and Human Services. of Minister-Counselor, to be Ambassador Ex- Kris Tom: $2,700, Sep-2015, Kip Tom For Con- * Michael Faulkender, of Maryland, to be traordinary and Plenipotentiary of the gress; Jon and Katie Fussel: $5,400, Sep-2015, an Assistant Secretary of the Treasury. United States of America to the Republic of Kip Tom for Congress. By Mr. ISAKSON for the Committee on Suriname. Parents: Everett and Marie Tom: $5,400, Veterans’ Affairs. Nominee: Karen Lynn Williams. Sep-2015, Kip Tom For Congress. * Tamara Bonzanto, of New Jersey, to be an Post: Suriname Grandparents: Everett and Violet Tom— Assistant Secretary of Veterans Affairs (Of- (The following is a list of all members of deceased; Ellis and Francis Eby—deceased. fice of Accountability and Whistleblower my immediate family and their spouses. I Brothers and Spouses: Kevin Tom:—de- Protection). have asked each of these persons to inform ceased. * James Paul Gfrerer, of Virginia, to be an me of the pertinent contributions made by Sisters and Spouses: Melinda and Russell Assistant Secretary of Veterans Affairs (In- them. To the best of my knowledge, the in- Woda: $5,400, Nov-2015, Kip Tom for Congress; formation and Technology). formation contained in this report is com- Melodie and Scott Thompson: $1,000, Oct- plete and accurate.) * Nomination was reported with rec- 2015, Kip Tom for Congress; Melissa and Ray ommendation that it be confirmed sub- Contributions, amount, date, and donee: Gerber: none. 1. Self: None. ject to the nominee’s commitment to 2. Spouse: N/A. Donald Y. Yamamoto, of Washington, a Ca- respond to requests to appear and tes- 3. Children and Spouses: N/A. reer Member of the Senior Foreign Service, tify before any duly constituted com- 4. Parents: Homer Donald Williams, None; Class of Career Minister, to be Ambassador mittee of the Senate. Norma Frances Williams, None. Extraordinary and Plenipotentiary of the 5. Paternal Grandparents: Homer Allen (Nominations without an asterisk United States of America to the Federal Re- Williams—Deceased; Dorothy Baldwin Wil- were reported with the recommenda- public of Somalia. tion that they be confirmed.) liams—Deceased. Maternal grandparents (UK Nominee: Donald Yukio Yamamoto. citizens): Sidney Edward Crane—Deceased; Post: Somalia. f Elizabeth Frances Crane—Deceased. (The following is a list of all members of INTRODUCTION OF BILLS AND 6. Brothers and Spouses: Donald Paul Wil- my immediate family and their spouses. I liams, None; Stephen Lee Williams, None; have asked each of these persons to inform JOINT RESOLUTIONS Jeannie Williams (spouse), None. me of the pertinent contributions made by The following bills and joint resolu- 7. Sisters and Spouses: N/A. them. To the best of my knowledge, the in- tions were introduced, read the first formation contained in this report is com- Kevin K. Sullivan, of Ohio, a Career Mem- and second times by unanimous con- plete and accurate.) sent, and referred as indicated: ber of the Senior Foreign Service, Class of Contributions, amount, date, and donee: Minister-Counselor, to be Ambassador Ex- 1. Self: Nothing to report. By Mr. RUBIO (for himself, Mr. VAN traordinary and Plenipotentiary of the 2. Spouse: Nothing to report. HOLLEN, Ms. COLLINS, Mr. WARNER, United States of America to the Republic of 3. Children and Spouses: Michael H. Mr. LANKFORD, and Ms. WARREN): Nicaragua. Yamamoto, nothing to report; Laura S. S. 3455. A bill to require the Secretary of Nominee: Kevin King Sullivan. Yamamoto, nothing to report. Commerce to ensure that ZTE Corporation

VerDate Sep 11 2014 03:47 Sep 19, 2018 Jkt 079060 PO 00000 Frm 00026 Fmt 4637 Sfmt 0634 E:\CR\FM\A18SE6.016 S18SEPT1 SSpencer on DSKBBXCHB2PROD with SENATE September 18, 2018 CONGRESSIONAL RECORD — SENATE S6223 complies with all probationary conditions of Homeland Security to establish a contin- provide additional protections and tracking set forth in the settlement agreement en- uous diagnostics and mitigation program at mechanisms for such children, and for other tered into between ZTE Corporation and the the Department of Homeland Security, and purposes; to the Committee on the Judici- Bureau of Industry and Security of the De- for other purposes; to the Committee on ary. partment of Commerce; to the Committee on Homeland Security and Governmental Af- By Mr. HATCH: Banking, Housing, and Urban Affairs. fairs. S. 3475. A bill to require a report on multi- By Mr. NELSON (for himself and Mr. By Mr. INHOFE (for himself and Mr. agency use of airspace and environmental re- RUBIO): SANDERS): view; to the Committee on Commerce, S. 3456. A bill to redesignate Hobe Sound S. 3465. A bill to amend title XVIII of the Science, and Transportation. National Wildlife Refuge as the Nathaniel P. Social Security Act to cover screening com- By Mr. CORKER (for himself and Mr. Reed Hobe Sound National Wildlife Refuge, puted tomography colonography as a MENENDEZ): and for other purposes; to the Committee on colorectal cancer screening test under the S. 3476. A bill to extend certain authorities Environment and Public Works. Medicare program; to the Committee on Fi- relating to United States efforts to combat By Mr. CASEY (for himself, Mrs. nance. HIV/AIDS, tuberculosis, and malaria glob- MCCASKILL, Mrs. GILLIBRAND, Ms. By Ms. BALDWIN (for herself and Mr. ally, and for other purposes; to the Com- CORTEZ MASTO, and Mrs. MURRAY): JOHNSON): mittee on Foreign Relations. S. 3457. A bill to amend title II of the So- S. 3466. A bill to designate the facility of By Mr. COTTON: cial Security Act to increase survivors bene- the United States Postal Service located at S. 3477. A bill to amend title 18, United fits for disabled widows, widowers, and sur- 2650 North Dr. Martin Luther King Jr. Drive States Code, to prohibit awarding credit to- viving divorced spouses, and for other pur- in Milwaukee, Wisconsin, as the ‘‘Vel R. ward service of sentences for satisfactory be- poses; to the Committee on Finance. Phillips Post Office Building’’; to the Com- havior for certain drug offenses; to the Com- By Mr. KENNEDY (for himself and Mr. mittee on Homeland Security and Govern- mittee on the Judiciary. CASSIDY): mental Affairs. By Mr. JOHNSON: S. 3458. A bill to amend title XVIII of the By Mr. JONES (for himself, Ms. CORTEZ S. 3478. A bill to require the Secretary of Social Security Act to improve home health MASTO, Mr. CARDIN, Mr. BROWN, Mr. Homeland Security to develop a comprehen- payment reforms under the Medicare pro- BOOKER, Ms. WARREN, Ms. HIRONO, sive strategy for maintaining situational gram; to the Committee on Finance. Mr. BENNET, Mr. VAN HOLLEN, Ms. awareness and operational control of high By Ms. DUCKWORTH (for herself, Mr. KLOBUCHAR, Ms. HARRIS, Mrs. MCCAS- traffic areas along the borders, to address CASEY, Ms. HASSAN, and Ms. KLO- KILL, Mr. MENENDEZ, Ms. SMITH, Ms. the protective custody of alien children ac- BUCHAR): DUCKWORTH, Ms. BALDWIN, Mr. MAR- companied by parents, to strengthen ac- S. 3459. A bill to amend the Internal Rev- KEY, Mr. UDALL, Mr. COONS, Mr. countability for deployment of border secu- enue Code of 1986 to expand the credit for ex- SANDERS, Mr. CARPER, Mr. CASEY, rity technology at the Department of Home- penditures to provide access to disabled indi- Mr. DURBIN, Mr. TESTER, and Mrs. land Security, to encourage Federal agencies viduals, and for other purposes; to the Com- FEINSTEIN): to coordinate on research and the develop- mittee on Finance. S. 3467. A bill to permanently reauthorize ment of technology to combat illicit opioid By Ms. WARREN (for herself, Ms. MUR- mandatory funding programs for historically importation, to establish a narcotic drug KOWSKI, Mr. UDALL, Ms. HEITKAMP, Black colleges and universities and other mi- screening technology pilot program to com- Ms. CORTEZ MASTO, Mr. MERKLEY, nority-serving institutions; to the Com- bat illicit opioid importation, and for other Mr. SANDERS, Mr. BLUMENTHAL, Mr. mittee on Health, Education, Labor, and purposes; to the Committee on Homeland Se- KING, Ms. DUCKWORTH, Ms. KLO- Pensions. curity and Governmental Affairs. BUCHAR, Mr. TESTER, Ms. HIRONO, Mr. By Mr. MARKEY (for himself, Ms. By Mr. ISAKSON (for himself and Mr. SULLIVAN, Ms. SMITH, Mr. HEINRICH, WARREN, Ms. HASSAN, and Mrs. SHA- TESTER): and Mr. SCHATZ): HEEN): S. 3479. A bill to amend title 38, United S. 3460. A bill to amend section 520E of the S. 3468. A bill to amend the Wild and Sce- States Code, to extend certain expiring pro- Public Health Service Act to require States nic Rivers Act to designate segments of the visions of law administered by the Secretary and their designees receiving grants for de- Nashua, Squannacook, and Nissitissit Rivers of Veterans Affairs, and for other purposes; velopment and implementation of statewide as components of the Wild and Scenic Rivers considered and passed. System, and for other purposes; to the Com- suicide early intervention and prevention f strategies to collaborate with each Federally mittee on Energy and Natural Resources. recognized Indian tribe, tribal organization, By Mr. TOOMEY (for himself and Mrs. SUBMISSION OF CONCURRENT AND urban Indian organization, and Native Ha- GILLIBRAND): SENATE RESOLUTIONS S. 3469. A bill to provide for the inclusion waiian health care system in the State; to on the Vietnam Veterans Memorial of the The following concurrent resolutions the Committee on Health, Education, Labor, names for the crew members of the U.S.S. and Senate resolutions were read, and and Pensions. Frank E. Evans killed on June 3, 1969; to the referred (or acted upon), as indicated: By Mr. SCHATZ (for himself and Ms. Committee on Energy and Natural Re- By Ms. KLOBUCHAR (for herself and MURKOWSKI): sources. S. 3461. A bill to amend the PROTECT Act Mr. UDALL): By Mr. CARDIN (for himself and Mr. to expand the national AMBER Alert system S. Res. 631. A resolution recognizing the SULLIVAN): 50th anniversary of the Indian Civil Rights to territories of the United States, and for S. 3470. A bill to promote United States- Act and voting rights for American Indian other purposes; to the Committee on the Ju- Mongolia trade by authorizing duty-free and Alaska Native communities across the diciary. treatment for certain imports from Mon- By Mr. PORTMAN (for himself, Mr. golia, and for other purposes; to the Com- country; to the Committee on the Judiciary. DURBIN, Mr. BROWN, Ms. COLLINS, Mr. mittee on Finance. By Mrs. FEINSTEIN (for herself, Mr. BOOKER, and Mr. KING): By Mr. SCHATZ: HATCH, Ms. BALDWIN, and Mr. ENZI): S. 3462. A bill to amend title XIX of the So- S. 3471. A bill to direct the National S. Res. 632. A resolution designating Sep- cial Security Act to provide States with the Science Foundation to support STEM edu- tember 2018 as ‘‘National Workforce Develop- option to provide medical assistance for sub- cation research focused on early childhood; ment Month’’; to the Committee on the Judi- stance use disorder treatment services to in- to the Committee on Commerce, Science, ciary. dividuals between the ages of 21 and 64 with and Transportation. By Mrs. MCCASKILL (for herself, Mr. substance use disorders, and for other pur- By Mr. LEE (for himself and Mr. KING, Mr. SANDERS, Mr. COONS, Mr. poses; to the Committee on Finance. HATCH): VAN HOLLEN, Mr. BOOKER, Mr. SUL- By Mr. TOOMEY (for himself and Mr. S. 3472. A bill to authorize the Secretary of LIVAN, Mr. JONES, Ms. WARREN, Mr. JONES): the Interior to convey certain lands and fa- PETERS, Ms. HEITKAMP, Mr. REED, S. 3463. A bill to gather information about cilities of the Big Sand Wash Project, Utah; Mrs. SHAHEEN, Mr. MORAN, Mr. the illicit production of illicit fentanyl in to the Committee on Energy and Natural Re- TESTER, Ms. HARRIS, Ms. MURKOWSKI, foreign countries and to withhold bilateral sources. Ms. HASSAN, Ms. HIRONO, Mr. BLUNT, assistance from countries that do not have By Mr. SASSE: Mr. WHITEHOUSE, Ms. COLLINS, Ms. emergency scheduling procedures for new il- S. 3473. A bill to amend the Internal Rev- BALDWIN, Ms. DUCKWORTH, Mr. CAR- licit drugs, cannot prosecute criminals for enue Code of 1986 to expand permissible dis- PER, Mr. KAINE, Ms. SMITH, and Mr. the manufacture or distribution of contributions from an employee’s health flexible UDALL): trolled substance analogues, or do not re- spending account or health reimbursement S. Res. 633. A resolution expressing the quire the registration of tableting machines arrangement to their health savings ac- sense of the Senate that Congress should and encapsulating machines; to the Com- count; to the Committee on Finance. take all appropriate measures to ensure that mittee on Foreign Relations. By Mr. PORTMAN (for himself, Mr. the United States Postal Service remains an By Mr. CORNYN (for himself and Ms. BLUMENTHAL, Mr. LANKFORD, and Mr. independent establishment of the Federal HASSAN): CARPER): Government and is not subject to privatiza- S. 3464. A bill to amend the Homeland Se- S. 3474. A bill to clarify responsibilities re- tion; to the Committee on Homeland Secu- curity Act of 2002 to authorize the Secretary lated to unaccompanied alien children, to rity and Governmental Affairs.

VerDate Sep 11 2014 02:32 Sep 19, 2018 Jkt 079060 PO 00000 Frm 00027 Fmt 4637 Sfmt 0634 E:\CR\FM\A18SE6.033 S18SEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S6224 CONGRESSIONAL RECORD — SENATE September 18, 2018 By Mr. RISCH (for himself, Mrs. SHA- tives to make a correction in the enrollment CORTEZ MASTO) was added as a cospon- HEEN, and Mr. JOHNSON): of H.R. 6157; considered and agreed to. sor of S. 793, a bill to prohibit sale of S. Res. 634. A resolution commemorating shark fins, and for other purposes. the 70th anniversary of the Berlin Airlift and f honoring the veterans of Operation Vittles; ADDITIONAL COSPONSORS S. 802 to the Committee on Foreign Relations. At the request of Mr. BROWN, the S. 337 By Mr. MERKLEY (for himself, Mr. names of the Senator from Kansas (Mr. RUBIO, Mr. YOUNG, Ms. WARREN, Mr. At the request of Mrs. GILLIBRAND, MORAN), the Senator from Idaho (Mr. COONS, Mr. DURBIN, Mr. CARDIN, Mr. the name of the Senator from Colorado RISCH), the Senator from Hawaii (Mr. LANKFORD, Mr. WYDEN, Ms. COLLINS, (Mr. BENNET) was added as a cosponsor SCHATZ), the Senator from Arizona and Mr. MARKEY): of S. 337, a bill to provide paid family S. Res. 635. A resolution calling for the im- (Mr. FLAKE) and the Senator from Lou- and medical leave benefits to certain mediate release of unjustly imprisoned isiana (Mr. KENNEDY) were added as co- Myanmar journalists Wa Lone and Kyaw Soe individuals, and for other purposes. sponsors of S. 802, a bill to award a Oo, and expressing concern over the overall S. 352 Congressional Gold Medal in honor of deterioration in freedom of the press in At the request of Mr. CORKER, the Myanmar; to the Committee on Foreign Re- Lawrence Eugene ‘‘Larry’’ Doby in rec- lations. names of the Senator from New Hamp- ognition of his achievements and con- By Mr. CASSIDY (for himself, Mr. shire (Ms. HASSAN), the Senator from tributions to American major league MURPHY, Mr. KENNEDY, Mr. SCHUMER, Wisconsin (Ms. BALDWIN), the Senator athletics, civil rights, and the Armed Mr. REED, and Mr. DONNELLY): from Connecticut (Mr. BLUMENTHAL) Forces during World War II. S. Res. 636. A resolution recognizing sui- and the Senator from South Dakota S. 928 cide as a serious public health problem and (Mr. ROUNDS) were added as cosponsors At the request of Mrs. MURRAY, the expressing support for the designation of of S. 352, a bill to award a Congres- September as ‘‘National Suicide Prevention name of the Senator from Maryland sional Gold Medal to Master Sergeant Month’’; to the Committee on Health, Edu- (Mr. CARDIN) was added as a cosponsor Rodrick ‘‘Roddie’’ Edmonds in recogni- cation, Labor, and Pensions. of S. 928, a bill to prohibit, as an unfair tion of his heroic actions during World By Mr. WYDEN (for himself, Mr. or deceptive act or practice, commer- HATCH, Ms. BALDWIN, Mr. GRASSLEY, War II. cial sexual orientation conversion Ms. HEITKAMP, Mr. DAINES, Mr. VAN S. 384 HOLLEN, Mr. ROBERTS, Mr. JONES, Mr. therapy, and for other purposes. At the request of Mr. BLUNT, the BROWN, Ms. KLOBUCHAR, Mr. KAINE, S. 1143 Mr. KING, Mr. CASEY, and Mr. SCHU- name of the Senator from Washington At the request of Mrs. MURRAY, the MER): (Mrs. MURRAY) was added as a cospon- S. Res. 637. A resolution designating Sep- sor of S. 384, a bill to amend the Inter- names of the Senator from Washington tember 2018 as ‘‘National Kinship Care nal Revenue Code of 1986 to perma- (Ms. CANTWELL) and the Senator from Month’’; to the Committee on the Judiciary. nently extend the new markets tax Indiana (Mr. DONNELLY) were added as By Ms. COLLINS (for herself and Mr. credit, and for other purposes. cosponsors of S. 1143, a bill to amend CASEY): the Equal Credit Opportunity Act to S. 445 S. Res. 638. A resolution designating Sep- prohibit discrimination on account of tember 22, 2018, as ‘‘National Falls Preven- At the request of Mr. CARDIN, the sexual orientation or gender identity tion Awareness Day’’ to raise awareness and name of the Senator from Minnesota when extending credit. encourage the prevention of falls among (Ms. SMITH) was added as a cosponsor older adults; considered and agreed to. of S. 445, a bill to amend title XVIII of S. 1328 By Mr. MENENDEZ (for himself, Mr. At the request of Mr. KAINE, the CORNYN, Mr. BENNET, Ms. CORTEZ the Social Security Act to ensure more name of the Senator from New Mexico MASTO, Mrs. FEINSTEIN, Mr. HEIN- timely access to home health services RICH, Mr. HELLER, Mrs. MURRAY, Mr. for Medicare beneficiaries under the (Mr. HEINRICH) was added as a cospon- NELSON, Mr. SANDERS, Mr. DURBIN, Medicare program. sor of S. 1328, a bill to extend the pro- Ms. HARRIS, and Mr. RUBIO): S. 479 tections of the Fair Housing Act to S. Res. 639. A resolution designating the persons suffering discrimination on the week beginning September 17, 2018, as ‘‘Na- At the request of Mr. BROWN, the names of the Senator from Illinois (Ms. basis of sexual orientation or gender tional Hispanic-Serving Institutions Week’’; identity, and for other purposes. considered and agreed to. DUCKWORTH) and the Senator from By Ms. KLOBUCHAR (for herself and Iowa (Mrs. ERNST) were added as co- S. 1652 Mr. BLUNT): sponsors of S. 479, a bill to amend title At the request of Mrs. MURRAY, the S. Res. 640. A resolution recognizing Sep- XVIII of the Social Security Act to name of the Senator from Virginia (Mr. tember 25, 2018, as ‘‘National Voter Registra- KAINE) was added as a cosponsor of S. tion Day’’; considered and agreed to. waive coinsurance under Medicare for By Mr. NELSON (for himself, Mr. colorectal cancer screening tests, re- 1652, a bill to amend the Fair Labor RUBIO, Mr. MENENDEZ, Mr. CASEY, gardless of whether therapeutic inter- Standards Act of 1938 and the Portal- Ms. CORTEZ MASTO, Mrs. GILLIBRAND, vention is required during the screen- to-Portal Act of 1947 to prevent wage Mr. WYDEN, Mr. DURBIN, Ms. WARREN, ing. theft and assist in the recovery of sto- Ms. HARRIS, Mr. SANDERS, Mr. SCHU- S. 497 len wages, to authorize the Secretary MER, Mr. PETERS, Mr. BOOKER, and At the request of Ms. CANTWELL, the of Labor to administer grants to pre- Mr. BLUMENTHAL): vent wage and hour violations, and for S. Res. 641. A resolution marking 1 year name of the Senator from Oklahoma since the landfall of Hurricane Maria in (Mr. LANKFORD) was added as a cospon- other purposes. Puerto Rico and the United States Virgin Is- sor of S. 497, a bill to amend title XVIII S. 1730 lands; to the Committee on the Judiciary. of the Social Security Act to provide At the request of Ms. COLLINS, the By Mr. WHITEHOUSE (for himself, Ms. for Medicare coverage of certain name of the Senator from Michigan COLLINS, Ms. CANTWELL, Mr. REED, lymphedema compression treatment (Ms. STABENOW) was added as a cospon- Mrs. SHAHEEN, Mr. CARPER, Ms. HAR- RIS, Mr. MURPHY, Ms. HASSAN, Mrs. items as items of durable medical sor of S. 1730, a bill to implement poli- FEINSTEIN, Mr. PORTMAN, Mr. NEL- equipment. cies to end preventable maternal, new- SON, Mr. WYDEN, Mr. MARKEY, Mr. S. 635 born, and child deaths globally. BOOKER, Mr. BLUMENTHAL, Mr. WAR- At the request of Mrs. SHAHEEN, the S. 1879 NER, Mr. COONS, Mr. VAN HOLLEN, Mr. name of the Senator from Florida (Mr. ARRASSO CASSIDY, Mr. MENENDEZ, Mr. At the request of Mr. B , the NELSON) was added as a cosponsor of S. MERKLEY, Mr. KING, Ms. HIRONO, Mr. name of the Senator from Minnesota CARDIN, Mr. PETERS, and Ms. BALD- 635, a bill to amend title 28, United (Ms. SMITH) was added as a cosponsor WIN): States Code, to prohibit the exclusion of S. 1879, a bill to amend title XVIII of S. Res. 642. A resolution designating the of individuals from service on a Fed- the Social Security Act to provide for week of September 15 through September 22, eral jury on account of sexual orienta- the coverage of marriage and family 2018, as ‘‘National Estuaries Week’’; to the tion or gender identity. therapist services and mental health Committee on the Judiciary. S. 793 By Mr. SHELBY: counselor services under part B of the S. Con. Res. 47. A concurrent resolution di- At the request of Mr. BOOKER, the Medicare program, and for other pur- recting the Clerk of the House of Representa- name of the Senator from Nevada (Ms. poses.

VerDate Sep 11 2014 03:47 Sep 19, 2018 Jkt 079060 PO 00000 Frm 00028 Fmt 4637 Sfmt 0634 E:\CR\FM\A18SE6.035 S18SEPT1 SSpencer on DSKBBXCHB2PROD with SENATE September 18, 2018 CONGRESSIONAL RECORD — SENATE S6225 S. 2051 sor of S. 2823, a bill to modernize copy- Act to cap prescription drug cost-shar- At the request of Mr. BENNET, the right law, and for other purposes. ing, and for other purposes. name of the Senator from Pennsyl- S. 2852 S. 3298 vania (Mr. CASEY) was added as a co- At the request of Mr. BURR, the name At the request of Mr. DAINES, the sponsor of S. 2051, a bill to amend title of the Senator from Kansas (Mr. ROB- name of the Senator from Colorado XVIII of the Social Security Act to ERTS) was added as a cosponsor of S. (Mr. GARDNER) was added as a cospon- modernize the physician self-referral 2852, a bill to reauthorize certain pro- sor of S. 3298, a bill to extend the au- prohibitions to promote care coordina- grams under the Pandemic and All- thority of the Vietnam Veterans Me- tion in the merit-based incentive pay- Hazards Preparedness Reauthorization morial Fund, Inc. , to establish a vis- ment system and to facilitate physi- Act. itor center for the Vietnam Veterans cian practice participation in alter- S. 2918 Memorial. S. 3369 native payment models under the At the request of Ms. HARRIS, the Medicare program, and for other pur- name of the Senator from Ohio (Mr. At the request of Ms. BALDWIN, the poses. BROWN) was added as a cosponsor of S. names of the Senator from Alaska (Ms. S. 2169 2918, a bill to amend the Religious MURKOWSKI), the Senator from Ohio At the request of Mr. WYDEN, the Freedom Restoration Act of 1993 to (Mr. BROWN) and the Senator from New name of the Senator from South Caro- protect civil rights and otherwise pre- Jersey (Mr. BOOKER) were added as co- lina (Mr. SCOTT) was added as a cospon- vent meaningful harm to third parties, sponsors of S. 3369, a bill to amend the sor of S. 2169, a bill to establish a new and for other purposes. Public Health Service Act, the Em- ployee Retirement Income Security higher education data system to allow S. 2940 for more accurate, complete, and se- Act of 1974, and the Internal Revenue At the request of Mr. SCOTT, the Code of 1986 to require that group and cure data on student retention, gradua- name of the Senator from Georgia (Mr. tion, and earnings outcomes, at all lev- individual health insurance coverage ISAKSON) was added as a cosponsor of S. and group health plans provide cov- els of postsecondary enrollment, and 2940, a bill to provide for the consider- for other purposes. erage for treatment of a congenital ation of a definition of anti-Semitism anomaly or birth defect. S. 2252 for the enforcement of Federal anti- S. 3440 At the request of Mr. TESTER, the discrimination laws concerning edu- At the request of Mr. SCHUMER, the name of the Senator from Wisconsin cation programs or activities. names of the Senator from New Jersey (Ms. BALDWIN) was added as a cospon- S. 2957 (Mr. MENENDEZ) and the Senator from sor of S. 2252, a bill to amend the Ani- At the request of Mr. CRAPO, the Michigan (Mr. PETERS) were added as mal Health Protection Act to support name of the Senator from Nevada (Ms. cosponsors of S. 3440, a bill to require State and Tribal efforts to develop and CORTEZ MASTO) was added as a cospon- the Bureau of Economic Analysis of implement management strategies to sor of S. 2957, a bill to amend the Horse the Department of Commerce to pro- address chronic wasting disease among Protection Act to designate additional vide estimates relating to the distribu- deer, elk, and moose populations, to unlawful acts under the Act, strength- tion of aggregate economic growth support research regarding the causes en penalties for violations of the Act, across specific percentile groups of in- of chronic wasting disease and methods improve Department of Agriculture en- come. to control the further spread of the dis- forcement of the Act, and for other S. 3449 ease, and for other purposes. purposes. At the request of Mr. MERKLEY, the S. 2432 S. 2971 name of the Senator from Rhode Island At the request of Mr. DONNELLY, the At the request of Mr. BOOKER, the (Mr. WHITEHOUSE) was added as a co- name of the Senator from New Mexico name of the Senator from Connecticut sponsor of S. 3449, a bill to amend the (Mr. UDALL) was added as a cosponsor (Mr. MURPHY) was added as a cosponsor Internal Revenue Code of 1986 to extend of S. 2432, a bill to amend the charter of S. 2971, a bill to amend the Animal certain tax credits related to electric of the Future Farmers of America, and Welfare Act to prohibit animal fighting cars, and for other purposes. for other purposes. in the United States territories. S. RES. 220 S. 2568 S. 3020 At the request of Mr. MENENDEZ, the At the request of Mr. BROWN, the At the request of Mr. MARKEY, the name of the Senator from Arkansas name of the Senator from Kansas (Mr. names of the Senator from New Jersey (Mr. COTTON) was added as a cosponsor of S. Res. 220, a resolution expressing ROBERTS) was added as a cosponsor of (Mr. MENENDEZ) and the Senator from solidarity with Falun Gong practi- S. 2568, a bill to amend section 5000A of Indiana (Mr. DONNELLY) were added as the Internal Revenue Code of 1986 to cosponsors of S. 3020, a bill to establish tioners who have lost lives, freedoms, provide an additional religious exemp- in the Bureau of Democracy, Human and rights for adhering to their beliefs tion from the individual health cov- Rights, and Labor of the Department of and practices and condemning the erage mandate, and for other purposes. State a Special Envoy for the Human practice of non-consenting organ har- vesting, and for other purposes. S. 2572 Rights of LGBTI Peoples, and for other S. RES. 610 At the request of Mr. CASEY, the purposes. At the request of Mr. BLUMENTHAL, name of the Senator from New Jersey S. 3163 the name of the Senator from New Jer- (Mr. MENENDEZ) was added as a cospon- At the request of Mr. BURR, the sey (Mr. BOOKER) was added as a co- sor of S. 2572, a bill to amend the Ele- names of the Senator from North Caro- mentary and Secondary Education Act sponsor of S. Res. 610, a resolution urg- lina (Mr. TILLIS) and the Senator from ing the release of information regard- of 1965 to address and take action to Minnesota (Ms. KLOBUCHAR) were added prevent bullying and harassment of ing the September 11, 2001, terrorist at- as cosponsors of S. 3163, a bill to amend tacks upon the United States. students. the Intercountry Adoption Act of 2000 S. RES. 626 S. 2745 to require the Secretary of State to re- At the request of Mr. WYDEN, the At the request of Mr. BLUMENTHAL, port on intercountry adoptions from name of the Senator from Virginia (Mr. the name of the Senator from Massa- countries which have significantly re- KAINE) was added as a cosponsor of S. chusetts (Mr. MARKEY) was added as a duced adoption rates involving immi- Res. 626, a resolution designating Sep- cosponsor of S. 2745, a bill to establish gration to the United States, and for tember 2018 as ‘‘National Voting Rights a grant program to provide assistance other purposes. Month’’ . to prevent and repair damage to struc- S. 3194 f tures due to pyrrhotite. At the request of Ms. WARREN, the S. 2823 name of the Senator from New Jersey STATEMENTS ON INTRODUCED At the request of Mr. HATCH, the (Mr. MENENDEZ) was added as a cospon- BILLS AND JOINT RESOLUTIONS name of the Senator from New Jersey sor of S. 3194, a bill to amend the Pa- By Mr. CORNYN (for himself and (Mr. MENENDEZ) was added as a cospon- tient Protection and Affordable Care Ms. HASSAN):

VerDate Sep 11 2014 02:32 Sep 19, 2018 Jkt 079060 PO 00000 Frm 00029 Fmt 4637 Sfmt 0634 E:\CR\FM\A18SE6.018 S18SEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S6226 CONGRESSIONAL RECORD — SENATE September 18, 2018 S. 3464. A bill to amend the Homeland diagnostics and mitigation strategy to carry the floor of the House of Representa- Security Act of 2002 to authorize the out the continuous diagnostics and mitiga- tives, and that is the state of histori- Secretary of Homeland Security to es- tion program required under subsection (g) cally Black colleges and universities, tablish a continuous diagnostics and of section 230 of the Homeland Security Act or, as they are commonly known, of 2002 (6 U.S.C. 151), as added by subsection mitigation program at the Department (a). HBCUs. of Homeland Security, and for other (2) SCOPE.—The strategy required under Alabama is home to 14 of these insti- purposes; to the Committee on Home- paragraph (1) shall include the following: tutions, the most of any State in the land Security and Governmental Af- (A) A description of the continuous country. With all due respect to my fairs. diagnostics and mitigation program, includ- colleagues, we don’t just have the most Mr. CORNYN. Mr. President, I ask ing efforts by the Secretary of Homeland Se- HBCUs. I believe we have the best. unanimous consent that the text of the curity to assist with the deployment of pro- Tuskegee University is the only gram tools, capabilities, and services, from bill be printed in the RECORD. HBCU with a college of veterinary the inception of the program referred to in medicine. The school produces over 75 There being no objection, the text of paragraph (1) to the date of the enactment of the bill was ordered to be printed in this Act. percent of African-American veterinar- the RECORD, as follows: (B) A description of the coordination re- ians in the world. It has also just hired S. 3464 quired to deploy, install, and maintain the its first female university president, Be it enacted by the Senate and House of Rep- tools, capabilities, and services that the Sec- Dr. Lily McNair. resentatives of the United States of America in retary of Homeland Security determines to Alabama A&M University is the only Congress assembled, be necessary to satisfy the requirements of 1890 land grant university offering four such program. SECTION 1. SHORT TITLE. Ph.D. programs. It is also the leading (C) A description of any obstacles facing This Act may be cited as the ‘‘Advancing producer of African Americans with the deployment, installation, and mainte- Cybersecurity Diagnostics and Mitigation nance of tools, capabilities, and services Ph.Ds in physics. Act’’. under such program. Oakwood University is the Nation’s SEC. 2. ESTABLISHMENT OF CONTINUOUS (D) Recommendations and guidelines to fifth highest producer of undergraduate DIAGNOSTICS AND MITIGATION PRO- African-American applicants to our GRAM IN DEPARTMENT OF HOME- help maintain and continuously upgrade LAND SECURITY. tools, capabilities, and services provided country’s medical schools. (a) IN GENERAL.—Section 230 of the Home- under such program. Alabama State University, whose land Security Act of 2002 (6 U.S.C. 151) is (E) Recommendations for using the data president, my friend Dr. Quinton Ross, amended by adding at the end the following collected by such program for creating a has joined us in the Gallery today, is new subsection: common framework for data analytics, vis- home to the National Center for the ‘‘(g) CONTINUOUS DIAGNOSTICS AND MITIGA- ualization of enterprise-wide risks, and real- time reporting. Study of Civil Rights and African- TION.— American Culture. ASU is currently ‘‘(1) PROGRAM.— (F) Recommendations for future efforts doing preservation work on some ‘‘(A) IN GENERAL.—The Secretary shall de- and activities, including for the rollout of ploy, operate, and maintain a continuous new tools, capabilities and services, proposed never-before-seen documents, such as diagnostics and mitigation program. Under timelines for delivery, and whether to con- court pleadings, bond documents, and such program, the Secretary shall— tinue the use of phased rollout plans, related other official papers that are connected ‘‘(i) develop and provide the capability to to securing networks, devices, data, and in- to the Montgomery bus boycott. collect, analyze, and visualize information formation technology assets through the use Lawson State Community College of such program. relating to security data and cybersecurity was also named a Champion of Change (3) FORM.—The strategy required under risks; in 2011 by then-President Barack ‘‘(ii) make program capabilities available subparagraph (A) shall be submitted in an for use, with or without reimbursement; unclassified form, but may contain a classi- Obama. ‘‘(iii) employ shared services, collective fied annex. There are over 100 accredited HBCUs purchasing, blanket purchase agreements, (c) REPORT.—Not later than 90 days after today across the country, both public and any other economic or procurement the development of the strategy required and private. They are in 19 States, the models the Secretary determines appropriate under subsection (b), the Secretary of Home- District of Columbia, and the U.S. Vir- to maximize the costs savings associated land Security shall submit to the Committee on Homeland Security and Governmental Af- gin Islands. They enroll approximately with implementing an information system; fairs of the Senate and the Committee on 300,000 students—80 percent of whom ‘‘(iv) assist entities in setting information Homeland Security of the House of Rep- are African American and 70 percent of security priorities and managing cybersecu- resentative a report on cybersecurity risk whom are from low-income families. rity risks; and posture based on the data collected through ‘‘(v) develop policies and procedures for re- While HBCUs only make up 3 percent the continuous diagnostics and mitigation porting systemic cybersecurity risks and po- of the country’s colleges and univer- program under subsection (g) of section 230 tential incidents based upon data collected sities today, they produce nearly 20 of the Homeland Security Act of 2002 (6 under such program. percent of all African-American grad- U.S.C. 151), as added by subsection (a). ‘‘(B) REGULAR IMPROVEMENT.—The Sec- uates. Among HBCU graduates, there retary shall regularly deploy new tech- By Mr. JONES (for himself, Ms. are countless trailblazing Americans nologies and modify existing technologies to CORTEZ MASTO, Mr. CARDIN, Mr. who have, quite literally, changed the the continuous diagnostics and mitigation course of our Nation’s history: Dr. Mar- program required under subparagraph (A), as BROWN, Mr. BOOKER, Ms. WAR- appropriate, to improve the program. REN, Ms. HIRONO, Mr. BENNET, tin Luther King, Thurgood Marshall, ‘‘(2) ACTIVITIES.—In carrying out the con- Mr. VAN HOLLEN, Ms. KLO- Marian Wright Edelman, Langston tinuous diagnostics and mitigation program BUCHAR, Ms. HARRIS, Mrs. Hughes, Katherine Johnson, amongst under paragraph (1), the Secretary shall en- MCCASKILL, Mr. MENENDEZ, Ms. so many others. sure, to the extent practicable, that— SMITH, Ms. DUCKWORTH, Ms. According to the National Science ‘‘(A) timely, actionable, and relevant cy- BALDWIN, Mr. MARKEY, Mr. Foundation, between 2002 and 2011, the bersecurity risk information, assessments, UDALL, Mr. COONS, Mr. SAND- top eight institutions at which Afri- and analysis are provided in real time; ERS, Mr. CARPER, Mr. CASEY, can-American Ph.Ds in science and en- ‘‘(B) share the analysis and products devel- gineering earned their bachelor’s de- oped under such program; Mr. DURBIN, Mr. TESTER, and ‘‘(C) all information, assessments, anal- Mrs. FEINSTEIN): grees were all HBCUs. HBCUs annually yses, and raw data under such program is S. 3467. A bill to permanently reau- generate $14.8 billion in economic im- made available to the national cybersecurity thorize mandatory funding programs pact and add more than 134,000 jobs for and communications integration center of for historically Black colleges and uni- local and regional economies, and 2014 the Department; and versities and other minority-serving Alabama HBCU graduates can expect ‘‘(D) provide regular reports on cybersecu- institutions; to the Committee on total earnings of $130 billion over their rity risks.’’. Health, Education, Labor, and Pen- lifetimes. (b) CONTINUOUS DIAGNOSTICS AND MITIGA- I could go on and on with these re- TION STRATEGY.— sions. (1) IN GENERAL.—Not later than 180 days Mr. JONES. Mr. President, I rise markable statistics for these remark- after the date of the enactment of this Act, today to talk about an issue that, quite able colleges and universities. For all the Secretary of Homeland Security shall de- frankly, I do not think gets enough at- of these incredible achievements, velop a comprehensive continuous tention on the floor of the Senate or on though—for every achievement I have

VerDate Sep 11 2014 02:32 Sep 19, 2018 Jkt 079060 PO 00000 Frm 00030 Fmt 4637 Sfmt 0634 E:\CR\FM\A18SE6.037 S18SEPT1 SSpencer on DSKBBXCHB2PROD with SENATE September 18, 2018 CONGRESSIONAL RECORD — SENATE S6227 just named—HBCUs in Alabama and While I had hoped we could make this Sec. 122. Extension of authority for specially across the country are working against a bipartisan effort, I haven’t yet heard adapted housing assistive tech- the strong headwinds of serious finan- back from any of my Republican col- nology grant program. cial struggles. leagues. My Republican colleagues rep- Sec. 123. Making permanent authority to guarantee payment of principal The Government Accountability Of- resent a fair share of these institu- fice recently investigated the capital and interest on certificates or tions, and I hope we will still gain other securities. finance needs of HBCUs at the request some support from across the aisle and Sec. 124. Making permanent authority for of my colleagues Senator PATTY MUR- move this bill through the Senate. calculating net value of real RAY and Senator CASEY, also of Con- This bill will not solve all of the property at time of foreclosure. gressman BOBBY SCOTT and Congress- challenges HBCUs face—all of the chal- Sec. 125. Extension of authority relating to man G.K. BUTTERFIELD. The report es- lenges they are working so hard to vendee loans. timates that 46 percent of all HBCU overcome. Yet I submit it is a step in Sec. 126. Making permanent authority to buildings are in need of replacement or the right direction. More importantly, provide rehabilitation and vo- repair. This is due to deferred mainte- it is the right thing to do for these cational benefits to members of nance, the evolution of higher edu- the Armed Forces with severe schools that are part of the very foun- injuries or illnesses. cation and technology, and the fact dation of our higher education system that many of these buildings are State Sec. 127. Extension of authority to enter in Alabama and across the country. into agreement with the Na- or federally registered historic places. tional Academy of Sciences re- For example, Tuskegee University is By Mr. ISAKSON (for himself and garding associations between designated as a National Historic Site Mr. TESTER): diseases and exposure to dioxin by Congress. That is a remarkable fig- S. 3479. A bill to amend title 38, and other chemical compounds ure—46 percent—of all buildings in United States Code, to extend certain in herbicides. need of repair or replacement. It is one expiring provisions of law administered Subtitle C—Homeless Veterans Matters that, I hope, all of my colleagues will by the Secretary of Veterans Affairs, Sec. 141. Extension of authority for home- agree is wholly unacceptable. and for other purposes; considered and less veterans reintegration pro- This is not a surprise, though, for passed. grams. those who understand the challenges Be it enacted by the Senate and House of Rep- Sec. 142. Extension of authority for home- these institutions have long faced. resentatives of the United States of America in less women veterans and home- HBCUs lack a plethora of revenue Congress assembled, less veterans with children resources. Public HBCUs rely heavily on SECTION 1. SHORT TITLE; TABLE OF CONTENTS. integration program. State and Federal grants, appropria- (a) SHORT TITLE.—This Act may be cited as Sec. 143. Extension of authority for referral tions, and bonds. Private HBCUs have the ‘‘Department of Veterans Affairs Expir- and counseling services for vet- to rely on private or alumni giving and ing Authorities Act of 2018’’. erans at risk of homelessness (b) TABLE OF CONTENTS.—The table of con- transitioning from certain in- tuition and fees. On top of that, the tents for this Act is as follows: stitutions. GAO found that an HBCU’s average en- Sec. 1. Short title; table of contents. Sec. 144. Extension of authority for treat- dowment is half the size of a similarly Sec. 2. References to title 38, United States ment and rehabilitation serv- sized non-HBCU. That is half the size Code. ices for seriously mentally ill not of all non-HBCUs but half the size TITLE I—EXTENSIONS OF AUTHORITY and homeless veterans. of similarly situated non-HBCUs. Subtitle A—Health Care Matters Sec. 145. Extension of authority for financial assistance for supportive serv- None of the 90 institutions of higher Sec. 101. Extension of authority for collec- ices for very low-income vet- education in this country with endow- tion of copayments for hospital eran families in permanent ments greater than $1 billion is an care and nursing home care. HBCU. This results in an endless cycle Sec. 102. Extension of requirement to pro- housing. for these schools that have contributed vide nursing home care to cer- Sec. 146. Extension of authority for grant tain veterans with service-con- program for homeless veterans so greatly to our country and the tal- with special needs. ented students they serve. With their nected disabilities. Sec. 103. Removal of authorization of appro- Sec. 147. Extension of authority for the Ad- limited revenue resources and the dis- priations to provide assistance visory Committee on Homeless crimination they face in the bond mar- and support services for care- Veterans. ket, it is difficult to maintain campus givers. Subtitle D—Other Matters buildings that attract higher enroll- Sec. 104. Making permanent authority for Sec. 161. Extension of authority for trans- ment. Lower enrollment just leads to recovery from third parties of portation of individuals to and even less tuition and fewer fees that cost of care and services fur- from Department of Veterans are collected by each institution. Thus, nished to veterans with health- Affairs facilities. the cycle continues. plan contracts for non-service- Sec. 162. Extension of authority for oper- I didn’t just come to talk about the connected disability. ation of the Department of Vet- Sec. 105. Extension of authority for transfer erans Affairs regional office in problems our HBCUs face without of- of real property. Manila, the Republic of the fering some type of solution. I intro- Sec. 106. Extension of authority for pilot Philippines. duce today the Strengthening Minor- program on assistance for child ity-Serving Institutions Act, which care for certain veterans receiv- Sec. 163. Extension of authority for monthly ing health care. assistance allowances under the will permanently extend and increase Office of National Veterans Federal funds to all minority-serving Sec. 107. Extension of authority to make grants to veterans service orga- Sports Programs and Special institutions. These Federal funds are Events. currently set to expire after fiscal year nizations for transportation of highly rural veterans. Sec. 164. Extension of requirement to pro- 2019. Sec. 108. Extension of authority for pilot vide reports to Congress regard- My bill goes beyond just supporting program on counseling in re- ing equitable relief in the case HBCUs and is inclusive of other minor- treat settings for women vet- of administrative error. ity-serving schools, like those that pri- erans newly separated from Sec. 165. Extension of authorization of ap- marily admit Asian Americans, Pacific service. propriations for adaptive sports Islanders, Alaska Natives and Native Sec. 109. Extension of temporary expansion programs for disabled veterans of payments and allowances for and members of the armed Hawaiians, Native Americans, and His- forces. panic Americans, among others. With beneficiary travel in connection with veterans receiving care Sec. 166. Extension of authority for Advi- this legislation, we will increase man- from vet centers. sory Committee on Minority datory funding from $255 million to Subtitle B—Benefits Matters Veterans. $300 million for each of these institu- Sec. 121. Making permanent authority for TITLE II—IMPROVEMENT OF HEALTH tions. They will be able to put that temporary expansion of eligi- CARE FROM DEPARTMENT OF VET- money to good use for infrastructure bility for specially adapted ERANS AFFAIRS improvements, technology upgrades, housing assistance for certain Sec. 201. Treatment of modifications of con- and other critical needs that have gone veterans with disabilities caus- tracts under Veterans Commu- unfulfilled. ing difficulty ambulating. nity Care program.

VerDate Sep 11 2014 02:32 Sep 19, 2018 Jkt 079060 PO 00000 Frm 00031 Fmt 4637 Sfmt 0655 E:\CR\FM\G18SE6.036 S18SEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S6228 CONGRESSIONAL RECORD — SENATE September 18, 2018 Sec. 202. Modification of provision requiring SEC. 103. REMOVAL OF AUTHORIZATION OF AP- SEC. 122. EXTENSION OF AUTHORITY FOR SPE- recognition and acceptance, on PROPRIATIONS TO PROVIDE ASSIST- CIALLY ADAPTED HOUSING ASSIST- an interim basis, of credentials ANCE AND SUPPORT SERVICES FOR IVE TECHNOLOGY GRANT PROGRAM. and qualifications of health CAREGIVERS. Section 2108(g) is amended by striking care providers under commu- Section 1720G is amended by striking sub- ‘‘September 30, 2018’’ and inserting ‘‘Sep- nity care program. section (e). tember 30, 2020’’. Sec. 203. Expansion of coverage of Veterans SEC. 104. MAKING PERMANENT AUTHORITY FOR SEC. 123. MAKING PERMANENT AUTHORITY TO Care Agreements. RECOVERY FROM THIRD PARTIES GUARANTEE PAYMENT OF PRIN- Sec. 204. Modification of authority for de- OF COST OF CARE AND SERVICES CIPAL AND INTEREST ON CERTIFI- CATES OR OTHER SECURITIES. duction of overpayments for FURNISHED TO VETERANS WITH HEALTH-PLAN CONTRACTS FOR Section 3720(h) is amended— health care. NON-SERVICE-CONNECTED DIS- (1) by striking paragraph (2); and Sec. 205. Modification of eligibility of ABILITY. (2) by striking ‘‘(1)’’. former members of the Armed Section 1729(a)(2)(E) is amended, in the SEC. 124. MAKING PERMANENT AUTHORITY FOR Forces for mental and behav- matter preceding clause (i), by striking ‘‘be- ioral health care from the De- CALCULATING NET VALUE OF REAL fore September 30, 2019,’’. PROPERTY AT TIME OF FORE- partment of Veterans Affairs. CLOSURE. Sec. 206. Access of health care providers of SEC. 105. EXTENSION OF AUTHORITY FOR TRANS- FER OF REAL PROPERTY. Section 3732(c) is amended by striking the Department of Veterans Af- paragraph (11). fairs to drug monitoring pro- Section 8118(a)(5) is amended by striking grams that do not participate ‘‘December 31, 2018’’ and inserting ‘‘Sep- SEC. 125. EXTENSION OF AUTHORITY RELATING TO VENDEE LOANS. in the national network. tember 30, 2020’’. Section 3733(a)(7) is amended— Sec. 207. Elimination of report on activities SEC. 106. EXTENSION OF AUTHORITY FOR PILOT (1) in the matter preceding subparagraph and proposals involving con- PROGRAM ON ASSISTANCE FOR (A), by striking ‘‘September 30, 2018’’ and in- tracting for performance by CHILD CARE FOR CERTAIN VET- serting ‘‘September 30, 2019’’; and contractor personnel of work ERANS RECEIVING HEALTH CARE. (2) in subparagraph (C), by striking ‘‘Sep- previously performed by De- (a) EXTENSION.—Subsection (e) of section tember 30, 2018,’’ and inserting ‘‘September partment employees. 205 of the Caregivers and Veterans Omnibus 30, 2019,’’. Sec. 208. Additional report on increased Health Services Act of 2010 (Public Law 111– availability of opioid receptor 163; 124 Stat. 1144; 38 U.S.C. 1710 note) is SEC. 126. MAKING PERMANENT AUTHORITY TO PROVIDE REHABILITATION AND VO- antagonists. amended by striking ‘‘September 30, 2019’’ and inserting ‘‘September 30, 2020’’. CATIONAL BENEFITS TO MEMBERS Sec. 209. Expansion of health care assess- OF THE ARMED FORCES WITH SE- ment to include all territories (b) AUTHORIZATION OF APPROPRIATIONS.— VERE INJURIES OR ILLNESSES. of the United States and the as- Subsection (h) of such section is amended by Section 1631(b) of the Wounded Warrior Act sessment of extended care serv- striking ‘‘and 2019’’ and inserting ‘‘2019, and (title XVI of Public Law 110–181; 10 U.S.C. ices. 2020’’. 1071 note) is amended— Sec. 210. Authorization of major medical fa- SEC. 107. EXTENSION OF AUTHORITY TO MAKE (1) by striking paragraph (2); and cility project at Department of GRANTS TO VETERANS SERVICE OR- (2) by striking ‘‘(1) IN GENERAL.—’’. Veterans Affairs West Los An- GANIZATIONS FOR TRANSPOR- SEC. 127. EXTENSION OF AUTHORITY TO ENTER geles Medical Center. TATION OF HIGHLY RURAL VET- INTO AGREEMENT WITH THE NA- Sec. 211. Technical amendments to VA MIS- ERANS. TIONAL ACADEMY OF SCIENCES RE- SION Act of 2018 and amend- Section 307(d) of the Caregivers and Vet- GARDING ASSOCIATIONS BETWEEN ments made by that Act. erans Omnibus Health Services Act of 2010 DISEASES AND EXPOSURE TO DIOXIN AND OTHER CHEMICAL COM- TITLE III—OTHER MATTERS (Public Law 111–163; 124 Stat. 1154; 38 U.S.C. 1710 note) is amended by striking ‘‘2019’’ and POUNDS IN HERBICIDES. Sec. 301. Approval of courses of education inserting ‘‘2020’’. Section 3(i) of the Agent Orange Act of 1991 provided by public institutions (Public Law 102–4; 38 U.S.C. 1116 note) is of higher education for pur- SEC. 108. EXTENSION OF AUTHORITY FOR PILOT amended by striking ‘‘September 30, 2018’’ PROGRAM ON COUNSELING IN RE- poses of training and rehabili- TREAT SETTINGS FOR WOMEN VET- and inserting ‘‘September 30, 2020’’. tation for veterans with serv- ERANS NEWLY SEPARATED FROM Subtitle C—Homeless Veterans Matters ice-connected disabilities con- SERVICE. ditional on in-State tuition SEC. 141. EXTENSION OF AUTHORITY FOR HOME- (a) EXTENSION.—Subsection (d) of section LESS VETERANS REINTEGRATION rate for veterans. 203 of the Caregivers and Veterans Omnibus PROGRAMS. Sec. 302. Corrective action for certain De- Health Services Act of 2010 (Public Law 111– Section 2021(e)(1)(F) is amended by strik- partment of Veterans Affairs 163; 124 Stat. 1143; 38 U.S.C. 1712A note) is ing ‘‘2018’’ and inserting ‘‘2020’’. employees for conflicts of inter- amended by striking ‘‘September 30, 2019’’ est with educational institu- SEC. 142. EXTENSION OF AUTHORITY FOR HOME- and inserting ‘‘September 30, 2020’’. LESS WOMEN VETERANS AND HOME- tions operated for profit. (b) AUTHORIZATION OF APPROPRIATIONS.— LESS VETERANS WITH CHILDREN Sec. 303. Modification of compliance require- Subsection (f) of such section is amended by REINTEGRATION PROGRAM. ments for particular leases re- striking ‘‘and 2019’’ and inserting ‘‘2019, and Section 2021A(f)(1) is amended by striking lating to Department of Vet- 2020’’. ‘‘2018’’ and inserting ‘‘2020’’. erans Affairs West Los Angeles SEC. 143. EXTENSION OF AUTHORITY FOR REFER- Campus. SEC. 109. EXTENSION OF TEMPORARY EXPAN- SION OF PAYMENTS AND ALLOW- RAL AND COUNSELING SERVICES SEC. 2. REFERENCES TO TITLE 38, UNITED ANCES FOR BENEFICIARY TRAVEL FOR VETERANS AT RISK OF HOME- STATES CODE. IN CONNECTION WITH VETERANS LESSNESS TRANSITIONING FROM Except as otherwise expressly provided, RECEIVING CARE FROM VET CEN- CERTAIN INSTITUTIONS. whenever in this Act an amendment or re- TERS. Section 2023(d) is amended by striking peal is expressed in terms of an amendment Section 104(a) of the Honoring America’s ‘‘September 30, 2018’’ and inserting ‘‘Sep- to, or repeal of, a section or other provision, Veterans and Caring for Camp Lejeune Fami- tember 30, 2020’’. the reference shall be considered to be made lies Act of 2012 (Public Law 112–154; 126 Stat. SEC. 144. EXTENSION OF AUTHORITY FOR TREAT- to a section or other provision of title 38, 1169), as amended by section 109(a) of the De- MENT AND REHABILITATION SERV- United States Code. partment of Veterans Affairs Expiring Au- ICES FOR SERIOUSLY MENTALLY ILL AND HOMELESS VETERANS. TITLE I—EXTENSIONS OF AUTHORITY thorities Act of 2017 (Public Law 115–62; 131 (a) GENERAL TREATMENT.—Section 2031(b) Stat. 1162), is amended by striking ‘‘Sep- Subtitle A—Health Care Matters is amended by striking ‘‘September 30, 2019’’ tember 30, 2018’’ and inserting ‘‘September and inserting ‘‘September 30, 2020’’. SEC. 101. EXTENSION OF AUTHORITY FOR COL- 30, 2019’’. LECTION OF COPAYMENTS FOR HOS- (b) ADDITIONAL SERVICES AT CERTAIN LOCA- PITAL CARE AND NURSING HOME Subtitle B—Benefits Matters TIONS.—Section 2033(d) is amended by strik- CARE. SEC. 121. MAKING PERMANENT AUTHORITY FOR ing ‘‘September 30, 2019’’ and inserting ‘‘Sep- Section 1710(f)(2)(B) is amended by striking TEMPORARY EXPANSION OF ELIGI- tember 30, 2020’’. ‘‘September 30, 2019’’ and inserting ‘‘Sep- BILITY FOR SPECIALLY ADAPTED SEC. 145. EXTENSION OF AUTHORITY FOR FINAN- tember 30, 2020’’. HOUSING ASSISTANCE FOR CERTAIN CIAL ASSISTANCE FOR SUPPORTIVE SEC. 102. EXTENSION OF REQUIREMENT TO PRO- VETERANS WITH DISABILITIES SERVICES FOR VERY LOW-INCOME VIDE NURSING HOME CARE TO CER- CAUSING DIFFICULTY AMBULATING. VETERAN FAMILIES IN PERMANENT TAIN VETERANS WITH SERVICE-CON- Section 2101(a)(4) is amended by striking HOUSING. NECTED DISABILITIES. ‘‘(A) Except’’ and all that follows through Section 2044(e)(1) is amended by striking Section 1710A(d) is amended by striking ‘‘(B) In each of fiscal years 2014 through 2018, subparagraph (F) and inserting the fol- ‘‘September 30, 2019’’ and inserting ‘‘Sep- the Secretary’’ and inserting ‘‘In any fiscal lowing: tember 30, 2020’’. year, the Secretary’’. ‘‘(F) $340,000,000 for fiscal year 2018.

VerDate Sep 11 2014 02:32 Sep 19, 2018 Jkt 079060 PO 00000 Frm 00032 Fmt 4637 Sfmt 0634 E:\CR\FM\A18SE6.030 S18SEPT1 SSpencer on DSKBBXCHB2PROD with SENATE September 18, 2018 CONGRESSIONAL RECORD — SENATE S6229 ‘‘(G) $380,000,000 for fiscal year 2019.’’. ternal Systems and Strengthening Inte- (C) in paragraph (3), by inserting ‘‘, or any SEC. 146. EXTENSION OF AUTHORITY FOR GRANT grated Outside Networks Act of 2018 (Public individual State or regional prescription PROGRAM FOR HOMELESS VET- Law 115–182). drug monitoring program,’’ after programs; ERANS WITH SPECIAL NEEDS. SEC. 202. MODIFICATION OF PROVISION REQUIR- and Section 2061(d)(1) is amended by striking ING RECOGNITION AND ACCEPT- (2) in subsection (c)(2) by inserting ‘‘, or ‘‘2019’’ and inserting ‘‘2020’’. ANCE, ON AN INTERIM BASIS, OF any individual State or regional prescription CREDENTIALS AND QUALIFICATIONS SEC. 147. EXTENSION OF AUTHORITY FOR THE drug monitoring program,’’ after ‘‘pro- OF HEALTH CARE PROVIDERS ADVISORY COMMITTEE ON HOME- UNDER COMMUNITY CARE PRO- grams’’. LESS VETERANS. GRAM. SEC. 207. ELIMINATION OF REPORT ON ACTIVI- Section 2066(d) is amended by striking Section 1703(h)(5)(A) is amended by strik- TIES AND PROPOSALS INVOLVING ‘‘September 30, 2018’’ and inserting ‘‘Sep- ing ‘‘the date of the enactment’’ and insert- CONTRACTING FOR PERFORMANCE tember 30, 2022’’. ing ‘‘the effective date specified in section BY CONTRACTOR PERSONNEL OF 101(b)’’. WORK PREVIOUSLY PERFORMED BY Subtitle D—Other Matters DEPARTMENT EMPLOYEES. SEC. 161. EXTENSION OF AUTHORITY FOR TRANS- SEC. 203. EXPANSION OF COVERAGE OF VET- Section 8110 is amended— ERANS CARE AGREEMENTS. PORTATION OF INDIVIDUALS TO (1) by striking subsection (c); and AND FROM DEPARTMENT OF VET- (a) IN GENERAL.—Section 1703A is amended ERANS AFFAIRS FACILITIES. by adding at the end the following new sub- (2) by redesignating subsections (d), (e), and (f) as subsections (c), (d), and (e), respec- Section 111A(a)(2) is amended by striking section: tively. ‘‘September 30, 2019’’ and inserting ‘‘Sep- ‘‘(l) COVERED INDIVIDUAL DEFINED.—In this tember 30, 2020’’. section, the term ‘covered individual’ means SEC. 208. ADDITIONAL REPORT ON INCREASED any individual eligible for hospital care, AVAILABILITY OF OPIOID RECEPTOR SEC. 162. EXTENSION OF AUTHORITY FOR OPER- ANTAGONISTS. ATION OF THE DEPARTMENT OF medical services, or extended care services VETERANS AFFAIRS REGIONAL OF- under this title or any other law adminis- Section 911(e)(2) of the Jason Simcakoski FICE IN MANILA, THE REPUBLIC OF tered by the Secretary.’’. Memorial and Promise Act (Public Law 114– THE PHILIPPINES. (b) CONFORMING AMENDMENTS.—Section 198; 38 U.S.C. 1701 note) is amended by insert- Section 315(b) is amended by striking ‘‘Sep- 1703A is amended— ing ‘‘and not later than one year after the tember 30, 2018’’ and inserting ‘‘September (1) in subsection (a)(1)— date of the enactment of the Department of 30, 2019’’. (A) in subparagraph (A), by striking ‘‘vet- Veterans Affairs Expiring Authorities Act of SEC. 163. EXTENSION OF AUTHORITY FOR eran’’ each place it appears and inserting 2018’’ before ‘‘the Secretary shall’’. MONTHLY ASSISTANCE ALLOW- ‘‘covered individual’’; and SEC. 209. EXPANSION OF HEALTH CARE ASSESS- ANCES UNDER THE OFFICE OF NA- (B) in subparagraph (C)— MENT TO INCLUDE ALL TERRI- TIONAL VETERANS SPORTS PRO- (i) by striking ‘‘veteran’’ and inserting TORIES OF THE UNITED STATES AND GRAMS AND SPECIAL EVENTS. ‘‘covered individual’’; and THE ASSESSMENT OF EXTENDED Section 322(d)(4) is amended by striking (ii) by striking ‘‘veteran’s’’ and inserting CARE SERVICES. ‘‘2019’’ and inserting ‘‘2020’’. ‘‘covered individual’s’’; Section 213 of the John S. McCain III, Dan- SEC. 164. EXTENSION OF REQUIREMENT TO PRO- (2) in subsection (e)(2)(B), by striking ‘‘vet- iel K. Akaka, and Samuel R. Johnson VA VIDE REPORTS TO CONGRESS RE- eran’’ each place it appears and inserting Maintaining Internal Systems and Strength- GARDING EQUITABLE RELIEF IN ‘‘covered individual’’; ening Integrated Outside Networks Act of THE CASE OF ADMINISTRATIVE (3) in subsection (f)(2)— 2018 (Public Law 115–182) is amended— ERROR. (A) in subparagraph (C), by striking ‘‘vet- (1) in the section header, by striking ‘‘PA- Section 503(c) is amended by striking ‘‘De- erans’’ and inserting ‘‘covered individuals’’; CIFIC TERRITORIES’’ and inserting ‘‘TERRI- cember 31, 2018’’ and inserting ‘‘December 31, and TORIES OF THE UNITED STATES’’; 2020’’. (B) in subparagraph (D), by striking ‘‘vet- (2) in subsection (a)— SEC. 165. EXTENSION OF AUTHORIZATION OF AP- eran’’ and inserting ‘‘covered individual’’; (A) by striking ‘‘180 days’’ and inserting PROPRIATIONS FOR ADAPTIVE (4) in subsection (g), by striking ‘‘to vet- ‘‘270 days’’; and SPORTS PROGRAMS FOR DISABLED erans’’ and inserting ‘‘to covered individ- (B) by striking ‘‘Pacific territories’’ and VETERANS AND MEMBERS OF THE uals’’; and inserting ‘‘territories of the United States’’; ARMED FORCES. (5) in subsection (j)— (3) in subsection (b)— Section 521A is amended— (A) by striking ‘‘any veteran’’ and insert- (A) in paragraph (1)— (1) in subsection (g)(1), by striking ‘‘2019’’ ing ‘‘any covered individual’’; and (i) in the matter preceding subparagraph and inserting ‘‘2020’’; and (B) by striking ‘‘to veterans’’ each place it (A), by striking ‘‘Pacific territories’’ and in- (2) in subsection (l), by striking ‘‘2019’’ and appears and inserting ‘‘to covered individ- serting ‘‘territories of the United States’’; inserting ‘‘2020’’. uals’’. and SEC. 166. EXTENSION OF AUTHORITY FOR ADVI- SEC. 204. MODIFICATION OF AUTHORITY FOR DE- (ii) by adding at the end the following: SORY COMMITTEE ON MINORITY DUCTION OF OVERPAYMENTS FOR ‘‘(E) Extended care.’’; and VETERANS. HEALTH CARE. (B) in paragraph (2)— (a) EXTENSTION OF AUTHORITY.—Subsection Section 1703D(e)(1) is amended— (i) by striking ‘‘community-based out- (e) of section 544 is amended by striking (1) by striking ‘‘shall’’ and inserting patient clinic’’ and inserting ‘‘medical facil- ‘‘September 30, 2018’’ and inserting ‘‘Sep- ‘‘may’’; and ity’’; and tember 30, 2022’’. (2) by inserting before the period at the end (ii) by striking ‘‘Pacific territory’’ and in- (b) MODIFICATION OF REPORTING REQUIRE- the following: ‘‘and may use any other serting ‘‘territory of the United States’’; and MENT.—Subsection (c)(1) of such section is means authorized by another provision of (4) in subsection (c)— amended, in the matter preceding subpara- law to correct or recover overpayments’’. (A) by striking ‘‘Pacific territories’’ and graph (A), by striking ‘‘each year’’ and in- SEC. 205. MODIFICATION OF ELIGIBILITY OF inserting ‘‘territories of the United States’’; serting ‘‘every other year’’. FORMER MEMBERS OF THE ARMED (B) by striking ‘‘and’’; and TITLE II—IMPROVEMENT OF HEALTH FORCES FOR MENTAL AND BEHAV- (C) by inserting before the period at the IORAL HEALTH CARE FROM THE DE- CARE FROM DEPARTMENT OF VET- end the following: ‘‘, Puerto Rico, and the ERANS AFFAIRS PARTMENT OF VETERANS AFFAIRS. Section 1720I(b)(3) is amended by striking United States Virgin Islands’’. SEC. 201. TREATMENT OF MODIFICATIONS OF ‘‘is not otherwise eligible to enroll’’ and in- SEC. 210. AUTHORIZATION OF MAJOR MEDICAL CONTRACTS UNDER VETERANS COM- serting ‘‘is not enrolled’’. FACILITY PROJECT AT DEPART- MUNITY CARE PROGRAM. MENT OF VETERANS AFFAIRS WEST SEC. 206. ACCESS OF HEALTH CARE PROVIDERS LOS ANGELES MEDICAL CENTER. (a) IN GENERAL.—Section 1703(h)(1) is OF THE DEPARTMENT OF VETERANS amended— AFFAIRS TO DRUG MONITORING (a) IN GENERAL.—The Secretary of Vet- (1) by striking ‘‘The Secretary shall’’ and PROGRAMS THAT DO NOT PARTICI- erans Affairs may carry out the major med- inserting ‘‘(A) The Secretary shall’’; and PATE IN THE NATIONAL NETWORK. ical facility project described in subsection (2) by adding at the end the following new Section 1730B is amended— (b) in fiscal year 2019, in an amount not to subparagraph: (1) in subsection (a)— exceed $35,000,000. ‘‘(B) For purposes of subparagraph (A), the (A) in paragraph (1), by inserting ‘‘, or any (b) MAJOR MEDICAL FACILITY PROJECT.— requirement to enter into consolidated, com- individual State or regional prescription The major medical facility project described petitively bid contracts shall not restrict the drug monitoring program,’’ after ‘‘pro- in this subsection is the construction of a authority of the Secretary under other programs’’; new regional food services facility building visions of law when modifying such a con- (B) in paragraph (2)(A), by striking ‘‘such on the campus of the medical center of the tract after entering into the contract.’’. network’’ and inserting ‘‘the national net- Department of Veterans Affairs in West Los (b) EFFECTIVE DATE.—The amendments work of State-based prescription monitoring Angeles, California, to replace the seis- made by subsection (a) shall take effect on programs, or, if providing care in a State mically deficient Building 300, Regional the effective date specified in section 101(b) that does not participate in such national Food Service Facility, which is located on of the John S. McCain III, Daniel K. Akaka, network, an individual State or regional pre- the north campus of the medical center as of and Samuel R. Johnson VA Maintaining In- scription drug monitoring program,’’; and the date of the enactment of this Act.

VerDate Sep 11 2014 02:32 Sep 19, 2018 Jkt 079060 PO 00000 Frm 00033 Fmt 4637 Sfmt 0634 E:\CR\FM\A18SE6.030 S18SEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S6230 CONGRESSIONAL RECORD — SENATE September 18, 2018 SEC. 211. TECHNICAL AMENDMENTS TO VA MIS- (B) in subsection (b)(2)(I), by inserting ‘‘of (B) in subsection (b)— SION ACT OF 2018 AND AMEND- this title’’ after ‘‘section 1706A’’; and (i) in paragraph (2), by striking ‘‘entitled MENTS MADE BY THAT ACT. (C) in subsection (c)— to’’ and inserting ‘‘concurrently receiving’’; (a) TITLE 38.— (i) in paragraph (1), by striking ‘‘such high (ii) in paragraph (3), by striking ‘‘2019’’ and (1) ANNUAL REPORT ON PERFORMANCE performing’’ and inserting ‘‘a high-per- inserting ‘‘2020’’; and AWARDS AND BONUSES.—Section 726(c)(3) is forming’’; and (iii) in paragraph (6), by striking ‘‘sub- amended by striking ‘‘, United States Code’’. (ii) in paragraph (3), by inserting ‘‘such’’ section (e)’’ and inserting ‘‘subsection (d)’’; (2) VETERANS CARE AGREEMENTS.—Section before ‘‘a high-performing’’. (C) in subsection (c)— 1703A(h)(4) is amended by striking ‘‘, United (12) DEPARTMENT OF VETERANS AFFAIRS SPE- (i) in paragraph (1), by striking ‘‘2019’’ and States Code’’. CIALTY EDUCATION LOAN REPAYMENT PRO- inserting ‘‘2020’’; and GRAM.—Section 7693(a)(1) is amended by (3) ACCESS STANDARDS.—Section 1703B(i) is (ii) in paragraph (3), by striking ‘‘2019’’ and amended— striking ‘‘is hired’’ and inserting ‘‘will be eli- inserting ‘‘2020’’; (A) by striking ‘‘(1) The term’’ and insert- gible for appointment’’. (D) in subsection (e), by striking ‘‘2019’’ (b) VA MISSION ACT.— ing ‘‘In this section: and inserting ‘‘2020’’; and (1) TRAINING PROGRAM FOR ADMINISTRATION ‘‘(1) The term’’; (E) in subsection (f), by striking ‘‘Decem- OF NON-DEPARTMENT HEALTH CARE.—Section (B) in paragraph (1), by moving subpara- ber 31, 2020’’ and inserting ‘‘December 31, 122(a)(2) of the John S. McCain III, Daniel K. graphs (A) and (B) two ems to the right; 2021’’. Akaka, and Samuel R. Johnson VA Main- (8) DEVELOPMENT OF CRITERIA FOR DESIGNA- (C) by moving paragraph (2) two ems to the taining Internal Systems and Strengthening right; and TION OF CERTAIN MEDICAL FACILITIES AS UN- Integrated Outside Networks Act of 2018 DERSERVED FACILITIES AND PLAN TO ADDRESS (D) in paragraph (2), by striking ‘‘refers (Public Law 115–182) is amended by striking to’’ and inserting ‘‘means’’. PROBLEM OF UNDERSERVED FACILITIES.—Sec- ‘‘such title’’ and inserting ‘‘title 38, United tion 401 of the John S. McCain III, Daniel K. (4) STANDARDS FOR QUALITY.—Section States Code’’. 1703C(c) is amended— Akaka, and Samuel R. Johnson VA Main- (2) PROCESSES FOR SAFE OPIOID PRESCRIBING taining Internal Systems and Strengthening (A) by striking ‘‘(c)(1) The term’’ and in- PRACTICES BY NON-DEPARTMENT PROVIDERS.— serting ‘‘(c) DEFINITIONS.— In this section: Integrated Outside Networks Act of 2018 Section 131 of the John S. McCain III, Daniel (Public Law 115–182) is amended— ‘‘(1) The term’’; K. Akaka, and Samuel R. Johnson VA Main- (B) in paragraph (1), by moving subpara- (A) in subsection (b)(5), by adding ‘‘or the taining Internal Systems and Strengthening applicable access standards developed under graphs (A) and (B) two ems to the right; Integrated Outside Networks Act of 2018 section 1703B of title 38, United States Code’’ (C) by moving paragraph (2) two ems to the (Public Law 115–182) is amended— after ‘‘the wait-time goals of the Depart- right; and (A) in subsection (c)(1)— ment’’; and (D) in paragraph (2), by striking ‘‘refers (i) by inserting ‘‘of title 38, United States (B) in subsection (d)(2)(A), by striking to’’ and inserting ‘‘means’’. Code,’’ after ‘‘section 1703(a)(2)(A)’’; ‘‘section 407’’ and inserting ‘‘section 402’’. (5) PROMPT PAYMENT STANDARD.—Section (ii) by striking ‘‘of this title’’ each place it (9) PILOT PROGRAM ON GRADUATE MEDICAL 1703D(g)(3) is amended by striking ‘‘of this appears and inserting ‘‘of this Act’’; and EDUCATION AND RESIDENCY.—Section 403(b)(4) Act, as amended by the Caring for Our Vet- (iii) by inserting ‘‘of such title’’ after ‘‘sec- of the John S. McCain III, Daniel K. Akaka, erans Act of 2018,’’ and inserting ‘‘of this tion 1703A(e)(2)(F)’’; and and Samuel R. Johnson VA Maintaining In- title’’. (B) in subsection (d), by striking ‘‘covered ternal Systems and Strengthening Inte- (6) REMEDIATION OF MEDICAL SERVICE veterans’’ each place it appears and inserting LINES.—Section 1706A is amended— ‘‘veterans’’. grated Outside Networks Act of 2018 (Public Law 115–182) is amended by inserting (A) in subsection (a), in the matter pre- (3) PLANS FOR SUPPLEMENTAL APPROPRIA- ‘‘under’’ after ‘‘an agreement’’. ceding paragraph (1), by inserting ‘‘of this TIONS.—Section 141 of the John S. McCain title’’ after ‘‘section 1703(e)(1)’’; and III, Daniel K. Akaka, and Samuel R. Johnson (10) DEPARTMENT OF VETERANS AFFAIRS (B) in subsection (d)(1), by striking ‘‘para- VA Maintaining Internal Systems and MEDICAL SCRIBE PILOT PROGRAM.—Section 507 graph (1)’’ and inserting ‘‘subsection (a)’’. Strengthening Integrated Outside Networks of the John S. McCain III, Daniel K. Akaka, (7) WALK-IN CARE.—Section 1725A is amend- Act of 2018 (Public Law 115–182) is amended and Samuel R. Johnson VA Maintaining In- ed— by striking ‘‘Whenever the Secretary’’ and ternal Systems and Strengthening Inte- (A) in subsection (c), by striking ‘‘or other inserting ‘‘Whenever the Secretary of Vet- grated Outside Networks Act of 2018 (Public agreement’’ and inserting ‘‘agreement, or erans Affairs’’. Law 115–182) is amended— other arrangement’’; and (4) TELEMEDICINE REPORTING REQUIRE- (A) in subsection (b)(3), by striking ‘‘as de- (B) in subsection (f)(4), by striking ‘‘Sec- MENT.—Section 151(c)(1) of the John S. termine’’ and inserting ‘‘as determined’’; and tion 8153(c)’’ and inserting ‘‘Sections 8153(c) McCain III, Daniel K. Akaka, and Samuel R. (B) in subsection (c)(2)(C), by striking and 1703A(j)’’. Johnson VA Maintaining Internal Systems ‘‘speciality’’ and inserting ‘‘specialty’’. (8) AUTHORITY TO RECOVER THE COST OF and Strengthening Integrated Outside Net- TITLE III—OTHER MATTERS SERVICES FURNISHED FOR NON-SERVICE-CON- works Act of 2018 (Public Law 115–182) is SEC. 301. APPROVAL OF COURSES OF EDUCATION NECTED DISABILITIES.—Section 1729(a)(2)(D) is amended by striking ‘‘section 1730B’’ and in- PROVIDED BY PUBLIC INSTITUTIONS amending by striking the period at the end serting ‘‘section 1730C’’. OF HIGHER EDUCATION FOR PUR- and inserting ‘‘; or’’. (5) EXPANSION OF FAMILY CAREGIVER PRO- POSES OF TRAINING AND REHABILI- (9) AGREEMENTS WITH STATE HOMES.—Sec- GRAM.—Section 161(a)(1)(B) of the John S. TATION FOR VETERANS WITH SERV- tion 1745(a)(4)(B)(ii)(III) is amended by strik- McCain III, Daniel K. Akaka, and Samuel R. ICE-CONNECTED DISABILITIES CON- DITIONAL ON IN-STATE TUITION ing ‘‘subchapter V of chapter 17 of this title’’ Johnson VA Maintaining Internal Systems RATE FOR VETERANS. and inserting ‘‘this subchapter’’. and Strengthening Integrated Outside Net- (a) IN GENERAL.—Section 3679(c) is amend- (10) TRANSPLANT PROCEDURES WITH LIVE DO- works Act of 2018 (Public Law 115–182) is ed— NORS AND RELATED SERVICES.—Section 1788(c) amended by striking ‘‘such title’’ and insert- (1) in paragraph (1), by striking ‘‘chapter 30 is amended by striking ‘‘this chapter’’ and ing ‘‘title 38, United States Code’’. or 33’’ and inserting ‘‘chapter 30, 31, or 33’’; inserting ‘‘this title’’. (6) SPECIALTY EDUCATION LOAN REPAYMENT (2) in paragraph (2), by adding at the end (11) QUADRENNIAL VETERANS HEALTH ADMIN- PROGRAM.—Section 303 of the John S. McCain the following new subparagraph: ISTRATION REVIEW.—Section 7330C is amend- III, Daniel K. Akaka, and Samuel R. Johnson ‘‘(C) An individual who is entitled to reha- ed— VA Maintaining Internal Systems and bilitation under section 3102(a) of this (A) in subsection (a)— Strengthening Integrated Outside Networks title.’’; (i) in paragraph (1), by striking ‘‘Secretary Act of 2018 (Public Law 115–182) is amended— (3) in paragraph (3), by striking ‘‘paragraph of Veterans Affairs’’ and inserting ‘‘Sec- (A) in subsection (d), by inserting ‘‘of Vet- (2)(A) or (2)(B)’’ and inserting ‘‘paragraph retary’’; erans Affairs’’ after ‘‘Department’’; and (2)(A), (2)(B), or (2)(C)’’; and (ii) in paragraph (2)— (B) in subsection (e), in the matter pre- (4) in paragraph (6), by striking ‘‘chapters (I) in subparagraph (B), by striking ‘‘De- ceding paragraph (1), by striking ‘‘estab- 30 and 33’’ and inserting ‘‘chapters 30, 31, and partment of Veterans Affairs’’ and inserting lished’’ and inserting ‘‘under subchapter VIII 33’’. ‘‘Department’’; of chapter 76 of title 38, United States Code, (b) APPLICABILITY.—The amendments made (II) in subparagraph (C), by striking ‘‘of as enacted’’. by subsection (a) shall apply with respect to title 38, as added by section 102’’ and insert- (7) VETERANS HEALING VETERANS MEDICAL courses of education provided during a quar- ing ‘‘of this title’’; and ACCESS AND SCHOLARSHIP PROGRAM.—Section ter, semester, or term, as applicable, that be- (III) in subparagraph (H)(i), by striking 304 of the John S. McCain III, Daniel K. gins after March 1, 2019. ‘‘Department of Veterans Affairs’’ and in- Akaka, and Samuel R. Johnson VA Main- SEC. 302. CORRECTIVE ACTION FOR CERTAIN DE- serting ‘‘Department’’;and taining Internal Systems and Strengthening PARTMENT OF VETERANS AFFAIRS (iii) in paragraph (4)— Integrated Outside Networks Act of 2018 EMPLOYEES FOR CONFLICTS OF IN- (I) in subparagraph (A)(iii), by inserting (Public Law 115–182) is amended— TEREST WITH EDUCATIONAL INSTI- ‘‘of this title’’ after ‘‘section 1703C’’; and (A) in subsection (a), by striking ‘‘covered TUTIONS OPERATED FOR PROFIT. (II) in subparagraph (B), by inserting ‘‘of medical schools’’ and inserting ‘‘covered (a) IN GENERAL.—Section 3683 of title 38, this title’’ after ‘‘section 1703(b)’’; medical school’’; and United States Code, is amended—

VerDate Sep 11 2014 02:32 Sep 19, 2018 Jkt 079060 PO 00000 Frm 00034 Fmt 4637 Sfmt 0634 E:\CR\FM\A18SE6.030 S18SEPT1 SSpencer on DSKBBXCHB2PROD with SENATE September 18, 2018 CONGRESSIONAL RECORD — SENATE S6231 (1) by striking subsection (a) and inserting SUBMITTED RESOLUTIONS Resolved, That the Senate— the following: (1) honors the 50th anniversary of title II of ‘‘(a) DEPARTMENT OFFICERS AND EMPLOY- the Civil Rights Act of 1968 (25 U.S.C. 1301 et EES.—(1) An officer or employee of the De- SENATE RESOLUTION 631—RECOG- seq.; commonly known as the ‘‘Indian Civil partment shall receive corrective action or NIZING THE 50TH ANNIVERSARY Rights Act of 1968’’); and disciplinary action if such officer or em- OF THE INDIAN CIVIL RIGHTS (2) recognizes the important contributions ployee— of Native Americans to expanding voting ‘‘(A) has, while serving as such an officer ACT AND VOTING RIGHTS FOR rights for all citizens of the United States. AMERICAN INDIAN AND ALASKA or employee, owned any interest in, or re- f ceived any wage, salary, dividend, profit, or NATIVE COMMUNITIES ACROSS gift from, any educational institution oper- THE COUNTRY SENATE RESOLUTION 632—DESIG- NATING SEPTEMBER 2018 AS ated for profit; or Ms. KLOBUCHAR (for herself and Mr. ‘‘(B) has, while serving as a covered officer ‘‘NATIONAL WORKFORCE DEVEL- UDALL) submitted the following resolu- or employee of the Department, received any OPMENT MONTH’’ service from any educational institution option; which was referred to the Com- erated for profit. mittee on the Judiciary: Mrs. FEINSTEIN (for herself, Mr. HATCH, Ms. BALDWIN, and Mr. ENZI) ‘‘(2) In this subsection, the term ‘covered S. RES. 631 submitted the following resolution; officer or employee of the Department’ Whereas American Indians and Alaska Na- means an officer or employee of the Depart- tives have historically been denied the right which was referred to the Committee ment who— to vote; on the Judiciary: ‘‘(A) works on the administration of bene- Whereas, after serving in World War II and S. RES. 632 fits under chapter 30, 31, 32, 33, 34, 35, or 36 of returning home, many American Indian vet- Whereas investment in the education, this title; or erans were not able vote; training, and career advancement of the ‘‘(B) has a potential conflict of interest in- Whereas, on July 15, 1946, in Harrison v. workforce in the United States, known as volving an educational institution operated Laveen, Chief Justice Levi S. Udall of the ‘‘workforce development’’, is crucial to the for profit, as determined by the Secretary.’’; Arizona Supreme Court ruled that Maricopa ability of the United States to compete in (2) in subsection (b)— County, Arizona, must allow Mohave-Apache the global economy; (A) by striking ‘‘If the Secretary’’ and in- Indians to register to vote, overruling dec- Whereas collaboration among Governors, serting the following: ades of precedent in which the State of Ari- local governments, State and local edu- TATE APPROVING AGENCY EMPLOY- ‘‘(b) S zona prohibited American Indians from vot- cation, workforce, and human services agen- EES.—If the Secretary’’; ing; cies, community colleges, local businesses, (B) by striking ‘‘wages, salary, dividends, Whereas, in holding that American Indians employment service providers, community- profits, gratuities, or services’’ and inserting were entitled to the franchise, Chief Justice based organizations, and workforce develop- ‘‘wage, salary, dividend, profit, or gift’’; Udall noted that, ‘‘[i]n a democracy suffrage ment boards provides for long-term, sustain- (C) by striking ‘‘in which an eligible person is the most basic civil right, since its exer- able, and successful workforce development or veteran was pursuing a program of edu- cise is the chief means whereby other rights across traditional sectors and emerging in- cation or course under this chapter or chap- may be safeguarded. To deny the right to dustries; ter 34 or 35 of this title’’; vote, where one is legally entitled to do so, Whereas middle-skill jobs, which require (D) by striking ‘‘terminate the employ- is to do violence to the principles of freedom more than a high school diploma but not a 4- ment of’’ and inserting ‘‘provide corrective and equality.’’; year degree, comprise 53 percent of the labor action or disciplinary action with respect Whereas, in New Mexico in 1948, Miguel market, but only 43 percent of workers in to’’; and Trujillo, a Marine Corps veteran and Isleta the United States are trained at that level, (E) by striking ‘‘while such person is an of- Pueblo tribal member, was turned away from creating a discrepancy that may limit ficer or employee of the State approving registering to vote because he was living on growth in changing industries such as health agency, or State department of veterans’ af- a reservation; care, manufacturing, and information tech- fairs or State department of education’’ and Whereas, in 1948, the United States Dis- nology; inserting ‘‘until the completion of such cor- trict Court for the District of New Mexico Whereas, in 2014, Congress reauthorized the rective action or disciplinary action’’; struck down limitations in the State Con- Workforce Innovation and Opportunity Act (3) in subsection (c)— stitution of New Mexico that prevented (29 U.S.C. 3101 et seq.) with overwhelming bi- (A) by striking ‘‘A State approving agen- those who lived on reservations from voting; partisan support in recognition of the need cy’’ and inserting the following: Whereas, prior to 1968, American Indians to strengthen the focus of the United States ‘‘(c) DISAPPROVAL OF COURSES.—A State were not provided the same protections as on the skills necessary to fill jobs in local approving agency’’; other citizens under the United States Con- and regional industries; (B) by striking ‘‘of Veterans Affairs’’; and stitution; Whereas the Workforce Innovation and Op- (C) by striking ‘‘wages, salary, dividends, Whereas, in 1968, Congress passed the In- portunity Act (29 U.S.C. 3101 et seq.) supports profits, gratuities, or services’’ and inserting dian Civil Rights Act ‘‘to ensure that the employment, training, and support services ‘‘wage, salary, dividend, profit, or gift’’; and American Indian is afforded the broad con- for individuals with barriers to employment, (4) in subsection (d)— stitutional rights secured to other Ameri- including— (A) by striking ‘‘The Secretary may’’ and cans’’; (1) individuals who are low-income; inserting the following: Whereas Alaska was the last state to en- (2) individuals who are out of work; ‘‘(d) WAIVER AUTHORITY.—(1) The Secretary (3) individuals displaced by outsourcing; franchise American Indian voters in 1970; may’’; (4) individuals looking to learn new skills; Whereas, even though American Indians (B) by striking ‘‘of Veterans Affairs’’; and and Alaska Natives currently have the law- (C) by striking ‘‘, after reasonable notice (5) individuals with disabilities; ful right to vote across the United States, and public hearings,’’; and Whereas the more than 550 workforce de- they continue to face barriers and obstacles (D) by adding at the end the following new velopment boards and 2,500 American Job to voting; paragraph: Centers are a driving force behind growing ‘‘(2) The Secretary shall provide public no- Whereas some American Indians and Alas- regional economies by providing training, re- tice of any waiver granted under this sub- ka Natives in Alaska, Arizona, Nevada, Min- sources, and assistance to workers who aim section by not later than 30 days after the nesota, South Dakota, and other states may to compete in the 21st century economy; date on which such waiver is granted.’’. have to travel 50 to 400 miles to vote; Whereas ongoing State and local imple- (b) EFFECTIVE DATE.—The amendments Whereas the Native American vote con- mentation of the Workforce Innovation and made by subsection (a) shall take effect on tinues to play a significant role in local, Opportunity Act (29 U.S.C. 3101 et seq.) pro- the date of the enactment of this Act and State, and national elections; vides unprecedented opportunities to develop shall apply with respect to conflicts of inter- Whereas, in states such as Alaska, New the skills of workers in the United States est that occur on or after that date. Mexico, Oklahoma, and South Dakota, through access to effective workforce edu- American Indians and Alaska Natives com- SEC. 303. MODIFICATION OF COMPLIANCE RE- cation and training, including the develop- QUIREMENTS FOR PARTICULAR prise 10 percent or more of the voting-age ment and delivery of proven strategies such LEASES RELATING TO DEPARTMENT population; as sector partnerships, career pathways, in- OF VETERANS AFFAIRS WEST LOS Whereas American Indians and Alaska Na- tegrated education and training, work-based ANGELES CAMPUS. tives serve in the United States military at learning models, and paid internships; Section 2(h)(1) of the West Los Angeles a higher per capita rate than any other eth- Whereas, in 2016, programs authorized Leasing Act of 2016 (Public Law 114–226) is nic group; and under the Workforce Innovation and Oppor- amended by striking ‘‘any lease or land-shar- Whereas American Indians and Alaska Na- tunity Act (29 U.S.C. 3101 et seq.)— ing agreement at the Campus’’ and inserting tives are an important part of the history of (1) served more than 7,000,000 young people ‘‘any new lease or land-sharing agreement at the United States, and vibrant contributors and adults; the Campus that is not in compliance with to the social and political fabric of the (2) exceeded employment targets across all such laws’’. United States; Now, therefore, be it programs; and

VerDate Sep 11 2014 02:32 Sep 19, 2018 Jkt 079060 PO 00000 Frm 00035 Fmt 4637 Sfmt 0634 E:\CR\FM\A18SE6.030 S18SEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S6232 CONGRESSIONAL RECORD — SENATE September 18, 2018 (3) helped more than 1,300,000 individuals, In addition, it is vital that we recog- America’s workforce is the backbone of including English language learners, gain nize the importance of all career path- our economy and it is the expertise, skills and credentials to help the individuals ways and professional development— dedication, and knowledge of these pro- succeed in the labor market; fessionals that has helped develop such Whereas State programs established under whether an individual pursues a four the Wagner-Peyser Act (29 U.S.C. 49 et year degree or seeks to further their a robust system. seq.)— education at a community college, Mr. President, I hope this resolution (1) ensured that more than 5,400,000 unem- through an industry recognized certifi- will promptly pass the Senate. I hope ployed workers, including more than 800,000 cate program, or as an apprentice. my colleagues will join me in sup- veterans, had access to career services In an effort to face this challenge porting this resolution to ensure its through American Job Centers in 2016; and head on, Congress passed the Work- passage and encouraging the continued (2) are a foundational part of the workforce force Innovation and Opportunity Act growth of our workforce development development system; system. Thank you. I yield the floor. Whereas workforce development programs in 2014 (WIOA) with overwhelming bi- will play a critical role in addressing the ex- partisan support. WIOA was signed into f pected 2,000,000 unfilled manufacturing jobs law by President Obama and has helped SENATE RESOLUTION 633—EX- over the next decade; streamline the workforce development PRESSING THE SENSE OF THE Whereas community colleges and other system while increasing and strength- SENATE THAT CONGRESS workforce development training providers ening partnerships between regional across the United States are well-situated— SHOULD TAKE ALL APPRO- (1) to train the next generation of workers businesses, workforce development PRIATE MEASURES TO ENSURE in the United States; and boards, and educational institutions. THAT THE UNITED STATES (2) to address the educational challenges And more recently, Congress passed POSTAL SERVICE REMAINS AN created by emerging industries and techno- the Strengthening Career and Tech- INDEPENDENT ESTABLISHMENT logical advancements; nical Education for the 21st Century Whereas participation in a career and tech- OF THE FEDERAL GOVERNMENT Act, which was later signed into law by AND IS NOT SUBJECT TO PRI- nical education (referred to in this preamble President Trump. This law aims to in- as ‘‘CTE’’) program decreases the risk of stu- VATIZATION dents dropping out of high school, and all 50 crease collaboration between high schools, community colleges, and Mrs. MCCASKILL (for herself, Mr. States and the District of Columbia report KING, Mr. SANDERS, Mr. COONS, Mr. higher graduation rates for CTE students, as workforce development programs. In VAN HOLLEN, Mr. BOOKER, Mr. SUL- compared to other students; addition, this law supports work-based LIVAN, Mr. JONES, Ms. WARREN, Mr. Whereas community and technical colleges learning opportunities, provides indus- PETERS, Ms. HEITKAMP, Mr. REED, Mrs. operate as open access institutions serving try-recognized credentials, and in- SHAHEEN, Mr. MORAN, Mr. TESTER, Ms. millions of students annually at a compara- creases federal funding for CTE pro- HARRIS, Ms. MURKOWSKI, Ms. HASSAN, tively low cost; grams. Whereas the Carl D. Perkins Career and Ms. HIRONO, Mr. BLUNT, Mr. WHITE- In fact, it is these partnerships that Technical Education Act of 2006 (20 U.S.C. HOUSE, Ms. COLLINS, Ms. BALDWIN, Ms. have proven to be key to regional suc- 2301 et seq.) supports the development and DUCKWORTH, Mr. CARPER, Mr. KAINE, cess at addressing the workforce needs implementation of high-quality CTE pro- Ms. SMITH, and Mr. UDALL) submitted grams that— of businesses. By working together, the following resolution; which was re- (1) combine rigorous academic content local businesses and educators can en- ferred to the Committee on Homeland with occupational skills; and sure that not only do businesses have (2) served approximately 11,000,000 high Security and Governmental Affairs: access to the talent they need to grow school and college students from 2016 to 2017; S. RES. 633 Whereas there are more than 500,000 reg- but that those seeking work can find it. Whereas Congress has the authority to es- istered apprentices in the United States, and tablish post offices and post roads under there is growing and bipartisan support for Nationwide, the more than 550 work- clause 7 of section 8 of article I of the Con- expanding earn-and-learn strategies to help force development boards and 2,500 stitution of the United States; current and future workers gain skills and American Job Centers have become a Whereas the United States Postal Service work experience; driving force behind growing regional is a self-sustaining, independent establish- Whereas the federally supported workforce economies by providing training, re- ment that relies on revenue derived from the system and partner programs— sale of postal services and products, not on (1) have helped rebuild the economy of the sources, and assistance to workers aiming to compete in the 21st century taxpayer funds; United States and provide increased eco- Whereas the United States Postal Service nomic opportunities; and economy. and the more than 500,000 employees of the (2) provide a pathway into jobs that sup- These workforce development boards port families while ensuring that businesses United States Postal Service are at the cen- and American Job Centers work with ter of the $1,400,000,000,000 mailing industry, in the United States find the skilled work- job seekers and employers across in- force needed to compete in the global econ- which employs a total of 7,500,000 individuals omy; and dustries ranging from healthcare and in the United States; Whereas workforce development is crucial information technology to manufac- Whereas the United States Postal Service to sustaining economic security for workers turing and construction. serves the needs of 157,000,000 business and in the United States: Now, therefore, be it There are currently over half a mil- residential customers not less than 6 days a Resolved, That the Senate— lion registered apprentices across the week, maintains an affordable and universal (1) designates September 2018 as ‘‘National country, including nearly eighty-six network, and connects the rural, suburban, Workforce Development Month’’; and urban communities of the United States; thousand in California alone. Bipar- Whereas the United States Postal Service (2) supports Federal initiatives to promote tisan support for earn-and-learn ap- workforce development; and is consistently the highest-rated agency of (3) acknowledges that workforce develop- proaches, such as apprenticeships and the Federal Government in nonpartisan ment plays a crucial role in supporting paid internships, is critical for helping opinion polls; workers and growing the economy. future workers gain the skills and ex- Whereas the United States Postal Service Mrs. FEINSTEIN. Mr. President, I perience they need while being able to is the second largest employer of veterans in the United States; rise today to introduce a resolution to provide for themselves and their families. Whereas the employees of the United recognize September as ‘‘Workforce States Postal Service— Development Month.’’ I thank Sen- In recognition of workforce develop- (1) are dedicated public servants who do ators Hatch, Enzi, and Baldwin for sup- ment month, Congress reaffirms its more than process and deliver the mail of porting this bipartisan resolution. support for a comprehensive approach the people of the United States; and As technological advances reshape to workforce development, encourages (2) serve as the eyes and ears of the com- traditional fields and fuel the emer- partnerships between industry leaders munities of the United States and often re- gence of new industries, it is impera- and educators, and emphasizes the im- spond first in situations involving health, safety, and crime in those communities; and tive that our workforce development portance of all career pathways in pur- system remain agile and flexible in suit of economic prosperity. Whereas the privatization of the United States Postal Service would— order to educate and train the next In closing, during this month it is es- (1) result in higher prices and reduced serv- generation of workers and those need- sential that we acknowledge and com- ices for the customers of the United States ing additional on-the-job training mend the professionals who work every Postal Service, especially in rural commu- skills to stay competitive. day to make these efforts a reality. nities;

VerDate Sep 11 2014 02:46 Sep 19, 2018 Jkt 079060 PO 00000 Frm 00036 Fmt 4637 Sfmt 0634 E:\CR\FM\A18SE6.039 S18SEPT1 SSpencer on DSKBBXCHB2PROD with SENATE September 18, 2018 CONGRESSIONAL RECORD — SENATE S6233 (2) jeopardize the booming e-commerce sec- Whereas the Soviet Union was forced to of the government and the military during tor; and lift the blockade of Berlin in light of the suc- the year.’’; and (3) cripple a major part of the critical in- cess of the 15-month airlift operation; (3) ‘‘Threats against and arrests of journal- frastructure of the United States: Now, Whereas the Berlin Airlift marked the first ists increased . . . Freedom of expression was therefore, be it use of airpower to provide hope and humani- more restricted during the year compared Resolved, That it is the sense of the Senate tarian assistance and to win a strategic vic- with 2016. This included a higher number of that Congress should take all appropriate tory against enemy aggression and intimida- detentions of journalists using various laws, measures to ensure that the United States tion; including laws carrying more severe punish- Postal Service remains an independent es- Whereas the enormous effort and coopera- ments than those used previously.’’; tablishment of the Federal Government and tion of the Berlin Airlift helped overcome Whereas, according to PEN America, the is not subject to privatization in whole or in years of animosity between the United part. discontinuation of Radio Free Asia’s broad- States and Germany and laid the foundation casting in Myanmar on a domestic channel f for a deep and lasting friendship between the constitutes a further shrinking of the space people of the two countries; and SENATE RESOLUTION 634—COM- for free expression in the country; Whereas today Germany is one of the clos- Whereas, additionally, PEN America re- MEMORATING THE 70TH ANNI- est and strongest allies of the United States VERSARY OF THE BERLIN AIR- ports that— in Europe, based on the close and vital rela- (1) there continues to be increased legal LIFT AND HONORING THE VET- tionship of the two countries as friends, threats, imprisonment and physical harass- ERANS OF OPERATION VITTLES trading partners, and allies sharing common ment of journalists; values and institutions that promote sta- Mr. RISCH (for himself, Mrs. SHA- (2) there continues to be restrictions on bility in political, economic, and security the ability to report from and receive infor- HEEN, and Mr. JOHNSON) submitted the matters: Now, therefore, be it following resolution; which was re- mation on conflict areas; and Resolved, That the Senate— (3) the lack of reform of media laws and in- ferred to the Committee on Foreign (1) recognizes the 70th anniversary of the stitutions driving a decline in media free- Relations: Berlin Airlift, the largest and longest run- dom; S. RES. 634 ning humanitarian airlift operation in history; Whereas, beginning in late August 2017, a Whereas in the spring of 1948, Berlin was (2) honors the service and sacrifice of the concerted campaign directed by the isolated within the Soviet occupation zone, men and women who participated in and sup- Tatmadaw, the official name of the armed and there were only 35 days’ worth of food ported the Berlin Airlift; forces of Myanmar, was carried out to as- and 45 days’ worth of coal remaining for the (3) applauds the men and women of the Air sault, kill, rape, burn villages, and force city; Mobility Command of the United States Air Rohingya to flee from Myanmar to Ban- Whereas military planners in the United Force, who, in keeping with the best tradi- gladesh; States and the United Kingdom determined tions of the Berlin Airlift, still work dili- Whereas approximately 700,000 Rohingya that— gently to provide hope, save lives, and de- people have fled Myanmar in a period of al- (1) 1,534 tons of flour, wheat, fish, milk, most 12 months; and other food items would be required daily liver freedom around the world in support of the foreign policy objectives of the United Whereas a 160-page report issued July 19, to feed the 2,000,000 residents of Berlin; and 2018, by the human rights organization For- (2) 3,475 tons of coal and gasoline would be States; and tify Rights finds that at least 27 Myanmar required daily to keep the city of Berlin (4) commends the close friendship forged heated and powered; between the people of the United States and Army battalions, comprising up to 11,000 sol- Whereas on June 1, 1948, the United States Germany through the Berlin Airlift, which diers, along with at least three combat po- Air Force created the Military Air Transport helps sustain the transatlantic alliance to lice battalions, comprising an estimated 900 Service, the predecessor to the Air Mobility this day. police personnel, were involved in the attacks in northern Rakhine State beginning Command, to organize and conduct airlift f missions; in August 2017, and further finds that these Whereas on June 26, 1948, Operation Vittles SENATE RESOLUTION 635—CALL- attacks constitute ‘‘preparatory action for began when 32 C–47 Dakotas of the United ING FOR THE IMMEDIATE RE- genocide and crimes against humanity’’ and States Air Force departed West Germany for LEASE OF UNJUSTLY IMPRIS- finds ‘‘that there are ‘reasonable grounds’ to Berlin hauling 80 tons of cargo; ONED MYANMAR JOURNALISTS believe the Myanmar Army, Myanmar Police Whereas the first British aircraft involved WA LONE AND KYAW SOE OO, Force, border guards, and non-Rohingya civilian perpetrators committed atrocities in Operation Vittles launched on June 28, AND EXPRESSING CONCERN 1948; that constitute genocide and crimes against OVER THE OVERALL DETERIO- humanity and should be held liable for those Whereas Major General William H. Tunner, RATION IN FREEDOM OF THE a veteran of the aerial supply line over the crimes’’; Himalayas during World War II, took com- PRESS IN MYANMAR Whereas earlier Fortify Rights reports mand of Operation Vittles on July 28, 1948; Mr. MERKLEY (for himself, Mr. have documented the systematic use of tor- Whereas Major General Tunner pioneered RUBIO, Mr. YOUNG, Ms. WARREN, Mr. ture by Myanmar authorities against Kachin civilians in Kachin State and northern Shan many new and innovative tactics and proce- COONS, Mr. DURBIN, Mr. CARDIN, Mr. State from June 2011 to April 2014; dures for the airlift, including creating air LANKFORD, Mr. WYDEN, Ms. COLLINS, corridors for ingress and egress, staggering Whereas the August 2018 United Nations and Mr. MARKEY) submitted the fol- the altitudes at which aircraft flew, and im- report of the Independent International plementing instrument flight rules that allowing resolution; which was referred Fact-Finding Mission on Myanmar Report lowed aircraft to land as frequently as every to the Committee on Foreign Rela- states, in paragraph 87 that ‘‘the Mission 3 minutes; tions: concluded [. . .] that there is sufficient infor- Whereas one pilot, 1st Lieutenant Gail S. S. RES. 635 mation to warrant the investigation and Halvorsen, who became known as the ‘‘Candy Whereas the first amendment to the Con- prosecution of senior officials in the Bomber’’, initiated Operation Little Vittles stitution of the United States enshrines Tatmadaw chain of command, so that a com- to bring hope to the children of Berlin by press freedom as a foundational element of petent court can determine their liability for dropping handkerchief parachutes con- American democracy, declaring that ‘‘Con- genocide in relation to the situation in taining chocolate and chewing gum as a gress shall make no law . . . abridging the Rakhine State’’; symbol of the goodwill of the United States; freedom of speech, or of the press’’; Whereas, on August 28, 2018, United States Whereas Operation Little Vittles ulti- Whereas Article 19 of the United Nations Ambassador to the United Nations Nikki mately dropped more than 3 tons of candy in Universal Declaration of Human Rights, Haley reported to the United Nations Secu- more than 250,000 miniature parachutes; adopted on December 10, 1948, by the United rity Council that the Department of State Whereas on Easter Sunday, April 17, 1949, Nations General Assembly, enshrines press had conducted interviews with 1,024 airlifters reached the pinnacle of Operation freedom as a vital aspect of universal human Rohingya refugees in camps throughout Vittles by delivering 13,000 tons of cargo, in- rights; Cox’s Bazar refugee camp and that the re- cluding the equivalent of 600 railroad cars Whereas the Department of State’s annual sults of the interviews were consistent with full of coal, and setting the record for ton- Human Rights Report on Burma for the year the United Nations Independent inter- nage of cargo delivered in a single day during 2017 states that— national fact-finding mission on Myanmar; the Berlin Airlift; (1) ‘‘legal provisions that allow the govern- Whereas, on September 2, 2017, as part of Whereas 39 British airmen and 31 American ment to manipulate the courts for political this brutal campaign, Myanmar security airmen made the ultimate sacrifice during ends, and these provisions were sometimes forces aided by local Buddhist villagers in the Berlin Airlift and 8 British aircraft and used to deprive citizens of due process and the village of Inn Din in Rakhine state de- 17 American aircraft were lost; the right to a fair trial, particularly with retained and then murdered 10 Rohingya men; Whereas airlifters delivered more than gards to the freedom of expression’’; Whereas, Reuters, a highly reputable 2,300,000 tons of food and supplies during (2) ‘‘The government continued to detain worldwide news gathering organization, dis- 278,228 total flights into Berlin; and arrest journalists, activists, and critics covered this atrocity as part of its ongoing

VerDate Sep 11 2014 02:46 Sep 19, 2018 Jkt 079060 PO 00000 Frm 00037 Fmt 4637 Sfmt 0634 E:\CR\FM\A18SE6.031 S18SEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S6234 CONGRESSIONAL RECORD — SENATE September 18, 2018 reporting on the Myanmar military’s cam- (3) reaffirms the central role that inde- further traumatizes survivors of suicide loss paign against the Rohingya, and Reuters pendent and professional journalism plays in and people with lived experience of suicide; journalists Wa Lone and Kyaw Soe Oo were strengthening democratic governance, up- and doing fact-checking and interviewing eye- holding the rule of law, mitigating conflict, Whereas September is an appropriate witnesses to these and other events; and informing public opinion around the month to designate as ‘‘National Suicide Whereas, on December 12, 2017, Wa Lone world; Prevention Month’’ because September 10 is and Kyaw Soe Oo were arrested by police and (4) urges the Secretary of State to make a World Suicide Prevention Day, a day recog- later charged with illegally possessing secret determination whether the actions by the nized internationally and supported by the government documents under the colonial Myanmar military constitute crimes against World Health Organization: Now, therefore, era Official Secrets Act; humanity or genocide and to work with be it Whereas Wa Lone and Kyaw Soe Oo have interagency partners to impose targeted Resolved, That the Senate— been in custody from December 12, 2017, to sanctions on Myanmar military officials re- (1) recognizes suicide as a serious and pre- the present, including before, during, and sponsible for these heinous acts through ex- ventable national and State public health after their trial; isting authorities; and problem; Whereas, one of the key prosecution wit- (5) calls on the President and the Secretary (2) supports the designation of September nesses in the trial, Police Captain Moe Yan of State— as ‘‘National Suicide Prevention Month’’; Naing, said in open court on April 20, 2018, (A) to reaffirm the importance of a free (3) declares suicide prevention as a pri- that he and others were ordered by the press in strengthening democratic govern- ority; Myanmar police chief to ‘‘trap’’ Wa Lone by ance, upholding the rule of law, mitigating (4) acknowledges that no single suicide pre- inviting the journalist to meet them at a conflict, and informing public opinion vention program or effort will be appropriate restaurant and to give him ‘‘secret docu- around the world; and for all populations or communities; ments’’—a meeting that Wa Lone attended (B) to engage immediately and at the high- (5) promotes awareness that there is no in the company of his colleague, Kyaw Soe est levels with the Government of Myanmar, single cause of suicide; and Oo, which led to the immediate arrest of the including by encouraging Aung San Suu Kyi (6) supports strategies to increase access to two journalists; to use her influence to secure the immediate high-quality mental health, substance abuse, Whereas Police Captain Moe Yan Naing and unconditional release of Wa Lone and and suicide prevention services. was subsequently sentenced to one year in Kyaw Soe Oo, as United States leadership is f jail for violating police discipline; critical to this issue. SENATE RESOLUTION 637—DESIG- Whereas, on September 3, 2018, Yangon f northern district judge Ye Lwin ruled that NATING SEPTEMBER 2018 AS Wa Lone and Kyaw Soe Oo breached the co- SENATE RESOLUTION 636—RECOG- ‘‘NATIONAL KINSHIP CARE lonial-era Official Secrets Act and sentenced NIZING SUICIDE AS A SERIOUS MONTH’’ them each to seven years in prison with hard PUBLIC HEALTH PROBLEM AND Mr. WYDEN (for himself, Mr. HATCH labor; EXPRESSING SUPPORT FOR THE , Whereas 83 Myanmar civil society organi- DESIGNATION OF SEPTEMBER AS Ms. BALDWIN, Mr. GRASSLEY, Ms. zations have signed a statement condemning ‘‘NATIONAL SUICIDE PREVEN- HEITKAMP, Mr. DAINES, Mr. VAN HOL- the verdict; TION MONTH’’ LEN, Mr. ROBERTS, Mr. JONES, Mr. Whereas the people of Myanmar, with as- BROWN, Ms. KLOBUCHAR, Mr. KAINE, Mr. sistance from the Department of State and Mr. CASSIDY (for himself, Mr. MUR- KING, Mr. CASEY, and Mr. SCHUMER) the United States Agency for International PHY, Mr. KENNEDY, Mr. SCHUMER, Mr. submitted the following resolution; Development, have successfully grown their REED, and Mr. DONNELLY) submitted which was referred to the Committee cadre of ethical and hard hitting journalists, the following resolution; which was re- journalists who are adhering to the utmost on the Judiciary: professional standards and able to uncover ferred to the Committee on Health, S. RES. 637 Education , Labor, and Pensions: the abuses being committed in their own Whereas, in September 2018, ‘‘National country, and these journalists deserve the S. RES. 636 Kinship Care Month’’ is observed; international community’s support and Whereas suicide is the 10th leading cause of Whereas, nationally, 2,700,000 children are praise for taking on the risky job of fos- death in the United States and the second living in kinship care with grandparents or tering press freedom in their country, how- leading cause of death among individuals be- other relatives; ever nascent it is; tween the ages of 10 and 34; Whereas, nationally, 140,000 children in fos- Whereas United States Agency for Inter- Whereas, according to the Centers for Dis- ter care are placed with grandparents or national Development Administrator Mark ease Control and Prevention (referred to in other relatives, with more than 2,560,000 kin- Green released a statement calling the con- this preamble as the ‘‘CDC’’), 1 person dies ship children supported outside of the foster victions ‘‘an enormous setback for democ- by suicide every 12.3 minutes, resulting in care system; racy and the rule of law in Burma’’ and nearly 45,000 deaths each year in the United Whereas the percentage of kinship foster ‘‘urge[d] the Government of Burma to pro- States; children has increased more than 11 percent tect journalists and press freedom, which are Whereas, according to the Department of since 2006; the bedrocks of democracy and peace’’; Veterans Affairs, 20 members of the Armed Whereas the number of non-relative foster Whereas Vice President Mike Pence Forces on active duty, members of the re- parents continues to decrease and child wel- tweeted his concern over the sentence serve components of the Armed Forces who fare agencies are increasingly reliant on kin- against Wa Lone and Kyaw Soe Oo for are not on active duty, or veterans die by ship families; ‘‘doing their job reporting on the atrocities suicide each day, resulting in more than 7,000 Whereas children in kinship care experi- being committed on the Rohingya people’’; deaths each year; ence improved placement stability, higher Whereas United States Ambassador to the Whereas the suicide rate in the United levels of permanency, and decreased behav- United Nations Nikki Haley described the States has steadily increased every year ioral problems; conviction as ‘‘another terrible stain on the from 1999 through 2016; Whereas kinship caregivers provide safety, Burmese government’’ and called for ‘‘their Whereas it is estimated that there are promote well-being, and establish stable immediate and unconditional release’’; more than 1,100,000 suicide attempts each households for vulnerable children; Whereas freedom of the press enhances year in the United States; Whereas grandparents and relatives resid- public accountability and transparency and Whereas more than half of individuals who ing in urban, rural, and suburban households therefore promotes adherence to the rule of die by suicide did not have a known mental in every State and territory of the United law and enforcement of universally recog- health condition; States have stepped forward out of love and nized human rights by all people; and Whereas, according to the CDC, many fac- loyalty to care for children during times in Whereas freedom of the press is a key com- tors contribute to suicide among individuals which parents are unable to do so; ponent of democratic governance and activ- with and without known mental health con- Whereas many kinship caregivers give up ism in civil society: Now, therefore, be it ditions, including challenges related to rela- their retirement years to assume parenting Resolved, That the Senate— tionships, substance abuse, physical health, duties for children; (1) calls for all the convictions against Wa and stress regarding work, money, legal Whereas grandparents and other relatives Lone and Kyaw Soe Oo to be nullified, for problems, or housing; are increasingly providing caring homes for the similar changes against many other jour- Whereas, according to the CDC, suicide re- children because of the opioid crisis; nalists currently awaiting trial to be sults in an estimated $44,600,000,000 in com- Whereas, because of parental substance use dropped, and for the immediate and uncondi- bined medical and work-loss costs in the disorders and other adverse childhood experi- tional release of these journalists; United States each year; ences, children in kinship care frequently (2) expresses concern about the Govern- Whereas the stigma associated with men- have trauma-related conditions; ment of Myanmar’s crackdown on journal- tal health conditions and suicidality hinders Whereas kinship care homes offer a refuge ists and press freedom throughout the coun- suicide prevention by discouraging at-risk for traumatized children; try; individuals from seeking life-saving help and Whereas kinship care enables a child—

VerDate Sep 11 2014 02:46 Sep 19, 2018 Jkt 079060 PO 00000 Frm 00038 Fmt 4637 Sfmt 0634 E:\CR\FM\A18SE6.042 S18SEPT1 SSpencer on DSKBBXCHB2PROD with SENATE September 18, 2018 CONGRESSIONAL RECORD — SENATE S6235 (1) to maintain family relationships and States will increase from 49,200,000 in 2016 to time equivalent undergraduate enrollment cultural heritage; and 94,700,000 in 2060; comprised of at least 25 percent Hispanic stu- (2) to remain in the community of the Whereas more than 1 of 4 older adults in dents; child; the United States falls each year; Whereas Hispanic-Serving Institutions Whereas kinship care is a national re- Whereas falls are the leading cause of both play an important role in educating many source that provides loving homes for chil- fatal and nonfatal injuries among older underprivileged students and helping those dren at risk; adults; students attain their full potential through Whereas the wisdom and compassion of Whereas, in 2016, approximately 3,000,000 higher education; kinship caregivers is a source of self-reliance older adults were treated in hospital emer- Whereas 492 Hispanic-Serving Institutions and strength for countless children and for gency departments for fall-related injuries; operate in the United States; the entire United States; Whereas, in 2016, more than 29,000 older Whereas Hispanic-Serving Institutions rep- Whereas kinship caregivers face daunting adults died from injuries related to uninten- resent just 14.9 percent of all nonprofit insti- challenges to keep children from entering tional falls and the death rate from falls of tutions of higher education, yet serve 24.5 foster care; older adults in the United States has risen percent of all students and 63 percent of all Whereas the Senate is proud to recognize sharply in the last decade; Hispanic students, enrolling more than the many kinship care families in which a Whereas, in 2015, the total direct medical 2,075,317 Hispanic students; child is raised by grandparents or other rel- cost of fall-related injuries for older adults, Whereas there are operating in 36 States atives; adjusted for inflation, was $50,000,000,000; and the District of Columbia 333 emerging Whereas the first president of the United Whereas, if the rate of increase in falls is Hispanic-Serving Institutions, which are in- States, George Washington, and his wife not slowed, the annual cost of fall injuries stitutions that do not meet the threshold of Martha were themselves kinship caregivers, will reach $100,000,000,000 by 2030; and 25 percent Hispanic enrollment but serve a as were many other great people of the Whereas evidence-based programs reduce Hispanic student population of between 15 United States; falls by utilizing cost-effective strategies, Whereas the Senate wishes to honor the such as exercise programs to improve bal- and 24 percent; many kinship caregivers, who throughout ance and strength, medication management, Whereas Hispanic-Serving Institutions are the history of the United States have provision improvement, reduction of home haz- located in 21 States and the Commonwealth vided loving homes for children; ards, and fall prevention education: Now, of Puerto Rico, and emerging Hispanic-Serv- Whereas National Kinship Care Month pro- therefore, be it ing Institutions are located in 36 States and vides an opportunity to urge people in every Resolved, That the Senate— the District of Columbia; State to join in recognizing and celebrating (1) designates September 22, 2018, as ‘‘Na- Whereas Hispanic-Serving Institutions are kinship caregiving families and the tradition tional Falls Prevention Awareness Day’’; actively involved in stabilizing and improv- of families in the United States to help kin; (2) recognizes that there are proven, cost- ing the communities in which the institu- Whereas, in 2018, Congress provided for effective falls prevention programs and poli- tions are located; kinship navigator programs and services in cies; Whereas Hispanic-Serving Institutions the Family First Prevention Services Act (3) commends the 72 member organizations lead in efforts to increase Hispanic participa- enacted under title VII of division E of the of the Falls Free Coalition and the falls pre- tion in science, technology, engineering, and Bipartisan Budget Act of 2018 (Public Law vention coalitions in 43 States and the Dis- mathematics; 115–123; 132 Stat. 64) and the Consolidated Ap- trict of Columbia for their efforts to work Whereas celebrating the vast contributions propriations Act, 2018 (Public Law 115–141; together to increase education and aware- of Hispanic-Serving Institutions to the 132 Stat. 348); ness about preventing falls among older United States strengthens the culture of the Whereas, in 2018, Congress provided for the adults; United States; and formation of the Advisory Council to Sup- (4) encourages businesses, individuals, Fed- Whereas the achievements and goals of port Grandparents Raising Grandchildren to eral, State, and local governments, the pub- Hispanic-Serving Institutions deserve na- examine supports for grandparents and other lic health community, and health care pro- tional recognition: Now, therefore, be it kinship caregivers in the Supporting Grand- viders to work together to raise awareness of Resolved, That the Senate— parents Raising Grandchildren Act (Public falls in an effort to reduce the incidence of (1) recognizes the achievements and goals Law 115–196; 132 Stat. 1511); and falls among older adults in the United of Hispanic-Serving Institutions across the Whereas more remains to be done to sup- States; United States and in the Commonwealth of port kinship caregiving and to ensure that (5) recognizes the Centers for Disease Con- all children have a safe, loving, nurturing, trol and Prevention for its work developing Puerto Rico; and permanent family, regardless of age or and evaluating interventions for all mem- (2) designates the week beginning Sep- special needs: Now, therefore, be it bers of health care teams to make falls pre- tember 17, 2018, as ‘‘National Hispanic-Serv- Resolved, That the Senate— vention a routine part of clinical care; ing Institutions Week’’; and (1) designates September 2018 as ‘‘National (6) recognizes the Administration for Com- (3) calls on the people of the United States Kinship Care Month’’; munity Living for its work to promote ac- and interested groups to observe the week (2) encourages Congress, States, local gov- cess to evidence-based programs and services with appropriate ceremonies, activities, and ernments, and community organizations to in communities across the United States; programs to demonstrate support for His- continue to work to improve the lives of vul- (7) encourages State health departments panic-Serving Institutions. nerable children and families and to support and State units on aging, which provide sig- the communities working together to lift nificant leadership in reducing injuries and f them up; and related health care costs by collaborating (3) honors the commitment and dedication with organizations and individuals, to reduce of kinship caregivers and the advocates and falls among older adults; and SENATE RESOLUTION 640—RECOG- allies who work tirelessly to provide assist- (8) encourages experts in the field of falls NIZING SEPTEMBER 25, 2018, AS ance and services to kinship caregiving fami- prevention to share their best practices so ‘‘NATIONAL VOTER REGISTRA- lies. that their success can be replicated by oth- TION DAY’’ ers. f f Ms. KLOBUCHAR (for herself and Mr. SENATE RESOLUTION 638—DESIG- BLUNT) submitted the following resolu- SENATE RESOLUTION 639—DESIG- NATING SEPTEMBER 22, 2018, AS tion; which was considered and agreed NATING THE WEEK BEGINNING ‘‘NATIONAL FALLS PREVENTION to: AWARENESS DAY’’ TO RAISE SEPTEMBER 17, 2018, AS ‘‘NA- AWARENESS AND ENCOURAGE TIONAL HISPANIC-SERVING IN- S. RES. 640 STITUTIONS WEEK’’ THE PREVENTION OF FALLS Resolved, That the Senate— AMONG OLDER ADULTS Mr. MENENDEZ (for himself, Mr. (1) recognizes September 25, 2018, as ‘‘Na- Ms. COLLINS (for herself and Mr. CORNYN, Mr. BENNET, Ms. CORTEZ tional Voter Registration Day’’; and (2) encourages each voting-eligible citizen CASEY) submitted the following resolu- MASTO, Mrs. FEINSTEIN, Mr. HEINRICH, Mr. HELLER, Mrs. MURRAY, Mr. NELSON, of the United States— tion; which was considered and agreed (A) to register to vote; to: Mr. SANDERS, Mr. DURBIN, Mr. HARRIS, and Mr. RUBIO) submitted the following (B) to verify with the appropriate State or S. RES. 638 resolution; which was considered and local election official that the name, address, and other personal information on Whereas individuals who are 65 years of agreed to: age or older (referred to in this preamble as record is current; and ‘‘older adults’’) are the fastest growing seg- S. RES. 639 (C) to go to the polls on election day and ment of the population in the United States Whereas Hispanic-Serving Institutions are vote if the voting-eligible citizen would like and the number of older adults in the United degree-granting institutions that have a full- to do so.

VerDate Sep 11 2014 02:46 Sep 19, 2018 Jkt 079060 PO 00000 Frm 00039 Fmt 4637 Sfmt 0634 E:\CR\FM\A18SE6.044 S18SEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S6236 CONGRESSIONAL RECORD — SENATE September 18, 2018 SENATE RESOLUTION 641—MARK- SENATE RESOLUTION 642—DESIG- coastal zone of the United States, including ING 1 YEAR SINCE THE LAND- NATING THE WEEK OF SEP- estuaries, for current and future generations; FALL OF HURRICANE MARIA IN TEMBER 15 THROUGH SEP- Whereas 27 coastal and Great Lakes States PUERTO RICO AND THE UNITED TEMBER 22, 2018, AS ‘‘NATIONAL and territories of the United States operate or contain a National Estuary Program or a STATES VIRGIN ISLANDS ESTUARIES WEEK’’ National Estuarine Research Reserve; Mr. WHITEHOUSE (for himself, Ms. Whereas scientific study leads to a better Mr. NELSON (for himself, Mr. RUBIO, COLLINS, Ms. CANTWELL, Mr. REED, Mrs. understanding of the benefits of estuaries to Mr. MENENDEZ, Mr. CASEY, Ms. CORTEZ SHAHEEN, Mr. CARPER, Ms. HARRIS, Mr. human and ecological communities; MASTO, Mrs. GILLIBRAND, Mr. WYDEN, Whereas the Federal Government, State, MURPHY, Ms. HASSAN, Mrs. FEINSTEIN, Mr. DURBIN, Ms. WARREN, Ms. HARRIS, local, and Tribal governments, national and Mr. PORTMAN, Mr. NELSON, Mr. WYDEN, Mr. SANDERS, Mr. SCHUMER, Mr. community organizations, and individuals Mr. MARKEY, Mr. BOOKER, Mr. PETERS, Mr. BOOKER, and Mr. work together to effectively manage the es- BLUMENTHAL, Mr. WARNER, Mr. COONS, BLUMENTHAL) submitted the following tuaries of the United States; resolution; which was referred to the Mr. VAN HOLLEN, Mr. CASSIDY, Mr. Whereas estuary restoration efforts restore Committee on the Judiciary: MENENDEZ, Mr. MERKLEY, Mr. KING, natural infrastructure in local communities Ms. HIRONO, Mr. CARDIN, Mr. PETERS, in a cost-effective manner, helping to create S. RES. 641 and Ms. BALDWIN) submitted the fol- jobs and reestablish the natural functions of Whereas, on September 20, 2017, Hurricane lowing resolution; which was referred estuaries that yield countless benefits; and Maria passed through the United States Vir- to the Committee on the Judiciary: Whereas the week of September 15 through September 22, 2018, is recognized as ‘‘Na- gin Islands as a category 5 hurricane and S. RES. 642 made landfall in Puerto Rico as a category 4 tional Estuaries Week’’ to increase aware- hurricane, causing significant devastation Whereas estuary regions cover only 13 per- ness among all people of the United States, across those islands; cent of land area in the continental United including Federal Government and State, Whereas the people of Puerto Rico and the States but contain nearly 43 percent of the local, and Tribal government officials, about United States Virgin Islands have shown an population, 40 percent of jobs, and nearly 50 the importance of healthy estuaries and the incredible and resilient spirit in rebuilding percent of the economic output of the United need to protect and restore estuaries: Now, after their record losses; States; therefore, be it Whereas Hurricane Maria contributed to Whereas the commercial and recreational Resolved, That the Senate— an estimated 2,975 deaths in Puerto Rico; fishing industries support over 1,600,000 jobs (1) designates the week of September 15 Whereas the National Oceanic and Atmos- in the United States; through September 22, 2018, as ‘‘National Es- pheric Administration estimates that Hurri- Whereas in 2016— tuaries Week’’; (1) commercial fish landings in the United cane Maria caused an estimated (2) supports the goals and ideals of Na- States were valued at $5,300,000,000; $90,000,000,000 in damage to Puerto Rico and tional Estuaries Week; (2) 9,600,000 recreational anglers took near- (3) acknowledges the importance of estu- the United States Virgin Islands, making ly 63,000,000 saltwater fishing trips; and Hurricane Maria the third-costliest hurri- aries to sustaining employment in the (3) consumers in the United States spent United States and the economic well-being cane in United States history; $93,200,000,000 on fishery products; Whereas, as a result of Hurricane Maria— and prosperity of the United States; Whereas estuaries provide vital habitats (4) recognizes that persistent threats un- (1) 3,300,000 residents of Puerto Rico were for— dermine the health of estuaries; left without electrical power; (1) countless species of fish and wildlife, in- (5) applauds the work of national and com- cluding more than 68 percent of the commer- (2) 95 percent of cellular sites were munity organizations and public partners cial fish catch in the United States by value knocked out; that promote public awareness, under- and 80 percent of the recreational fish catch standing, protection, and restoration of estu- (3) 80 percent of water service was inoper- in the United States by weight; and aries; able; and (2) many species that are listed as threat- (6) supports the scientific study, preserva- ened or endangered species; (4) thousands of Puerto Ricans were dis- tion, protection, and restoration of estu- Whereas estuaries provide critical eco- placed from their homes and relocated to the aries; and system services that protect human health mainland United States; (7) expresses the intent of the Senate to and public safety, including through water Whereas significant challenges remain in continue working to understand, protect, filtration, flood control, shoreline stabiliza- recovery and rebuilding efforts in Puerto and restore the estuaries of the United tion, erosion prevention, and the protection Rico 1 year after Hurricane Maria hit; States. Whereas Congress appropriated billions of of coastal communities during hurricanes, f dollars with the specific purpose of directly storms, and other extreme weather events; helping the citizens of Puerto Rico to rebuild Whereas by the 1980s the United States had SENATE CONCURRENT RESOLU- their lives in the aftermath of the hurricane; already lost more than 50 percent of the wet- TION 47—DIRECTING THE CLERK lands that existed in the original 13 colonies; Whereas the electrical grid on the island of OF THE HOUSE OF REPRESENTA- Puerto Rico remains unreliable and suscep- Whereas some bays in the United States that were once filled with fish and oysters TIVES TO MAKE A CORRECTION tible to intermittent brownouts and black- IN THE ENROLLMENT OF H.R. outs; and have become dead zones filled with excess Whereas many Puerto Ricans continue to nutrients, chemical waste, and marine de- 6157 be displaced without access to permanent bris; Mr. SHELBY submitted the following Whereas harmful algal blooms are hurting housing both on the island of Puerto Rico concurrent resolution; which was con- and on the mainland: Now, therefore, be it fish, wildlife, and human health, and are causing serious ecological and economic sidered and agreed to: Resolved, That the Senate— harm to estuaries along every coast and the S. CON. RES. 47 (1) recognizes that September 20, 2018, Great Lakes; Resolved by the Senate (the House of Rep- marks 1 year since the landfall of Hurricane Whereas changes in sea level can affect es- resentatives concurring), That, in the enroll- Maria in Puerto Rico; tuarine water quality and estuarine habi- ment of the bill H.R. 6157, the Clerk of the (2) honors the victims who lost their lives tats; House of Representatives shall make the fol- due to Hurricane Maria; Whereas the Federal Water Pollution Con- lowing corrections: (3) commends the resiliency of those still trol Act (33 U.S.C. 1251 et seq.) (commonly (1) Amend the long title so as to read: rebuilding their lives after Hurricane Maria; known as the ‘‘Clean Water Act’’) authorizes ‘‘Making consolidated appropriations for the (4) recognizes the continued challenges fac- the development of comprehensive conserva- Departments of Defense, Labor, Health and ing Puerto Rico and the United States Vir- tion and management plans to ensure that Human Services, and Education, and Related gin Islands in the wake of Hurricane Maria; the designated uses of estuaries are pro- Agencies for the fiscal year ending Sep- (5) commits to ensuring that survivors of tected and to restore and maintain— tember 30, 2019, and for other purposes.’’. Hurricane Maria have adequate resources to (1) the chemical, physical, and biological (2) In section 101(4) of division C, strike continue the recovery process; integrity of estuaries; ‘‘31’’ and insert ‘‘141’’. (6) extols the work of first responders and (2) water quality; citizens who contributed to saving countless (3) a balanced indigenous population of f lives in the aftermath of Hurricane Maria; shellfish, fish, and wildlife; and AMENDMENTS SUBMITTED AND and (4) recreational activities in estuaries; PROPOSED (7) reaffirms the commitment of the Sen- Whereas the Coastal Zone Management ate to support the people of Puerto Rico and Act of 1972 (16 U.S.C. 1451 et seq.) provides SA 4021. Mr. HATCH (for Mr. ALEXANDER) the United States Virgin Islands as they con- that the policy of the United States is to proposed an amendment to amendment SA tinue to rebuild and recover from the devas- preserve, protect, develop, and, if possible, 4022 proposed by Mr. HATCH (for himself, Mr. tation of Hurricane Maria. restore or enhance the resources of the GRASSLEY, Mrs. FEINSTEIN, Mr. ALEXANDER,

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Mr. WHITEHOUSE, Mr. COONS, and Mr. WYDEN) (1) in subsection (a)— requirements that the Register of Copyrights to the bill H.R. 1551, to amend the Internal (A) in the subsection heading, by inserting shall prescribe by regulation. Revenue Code of 1986 to modify the credit for ‘‘IN GENERAL’’ after ‘‘AVAILABILITY AND ‘‘(2) DIGITAL PHONORECORD DELIVERIES.—A production from advanced nuclear power fa- SCOPE OF COMPULSORY LICENSE’’; person who seeks to obtain a compulsory li- cilities. (B) by striking paragraph (1) and inserting cense under subsection (a) to make and dis- SA 4022. Mr. HATCH (for himself, Mr. the following: tribute phonorecords of a musical work by GRASSLEY, Mrs. FEINSTEIN, Mr. ALEXANDER, ‘‘(1) ELIGIBILITY FOR COMPULSORY LI- means of digital phonorecord delivery— Mr. WHITEHOUSE, Mr. COONS, and Mr. WYDEN) CENSE.— ‘‘(A) prior to the license availability date, proposed an amendment to the bill H.R. 1551, ‘‘(A) CONDITIONS FOR COMPULSORY LI- shall, before, or not later than 30 calendar supra. CENSE.—A person may by complying with the days after, first making any such digital f provisions of this section obtain a compul- phonorecord delivery, serve a notice of in- sory license to make and distribute tention to do so on the copyright owner (but TEXT OF AMENDMENTS phonorecords of a nondramatic musical may not file the notice with the Copyright SA 4021. Mr. HATCH (for Mr. ALEX- work, including by means of digital phono- Office, even if the public records of the Office ANDER) proposed an amendment to record delivery. A person may obtain a com- do not identify the owner or the owner’s ad- amendment SA 4022 proposed by Mr. pulsory license only if the primary purpose dress), and such notice shall comply, in form, content, and manner of service, with require- HATCH (for himself, Mr. GRASSLEY, Mrs. in making phonorecords of the musical work ments that the Register of Copyrights shall FEINSTEIN, Mr. ALEXANDER, Mr. WHITE- is to distribute them to the public for private use, including by means of digital pho- prescribe by regulation; or HOUSE, Mr. COONS, and Mr. WYDEN) to norecord delivery, and— ‘‘(B) on or after the license availability the bill H.R. 1551, to amend the Inter- ‘‘(i) phonorecords of such musical work date, shall, before making any such digital nal Revenue Code of 1986 to modify the have previously been distributed to the pub- phonorecord delivery, follow the procedure credit for production from advanced lic in the United States under the authority described in subsection (d)(2), except as pro- nuclear power facilities; as follows: of the copyright owner of the work, includ- vided in paragraph (3). On page 1, line 5, strike ‘‘Music Moderniza- ing by means of digital phonorecord deliv- ‘‘(3) RECORD COMPANY INDIVIDUAL DOWNLOAD tion Act’’ and insert ‘‘Orrin G. Hatch Music ery; or LICENSES.—Notwithstanding paragraph Modernization Act’’. ‘‘(ii) in the case of a digital music provider (2)(B), a record company may, on or after the seeking to make and distribute digital pho- license availability date, obtain an indi- SA 4022. Mr. HATCH (for himself, Mr. norecord deliveries of a sound recording em- vidual download license in accordance with GRASSLEY, Mrs. FEINSTEIN, Mr. ALEX- bodying a musical work under a compulsory the notice requirements described in para- ANDER, Mr. WHITEHOUSE, Mr. COONS, license for which clause (i) does not apply— graph (2)(A) (except for the requirement that notice occur prior to the license availability and Mr. WYDEN) proposed an amend- ‘‘(I) the first fixation of such sound recording was made under the authority of the mu- date). A record company that obtains an in- ment to the bill H.R. 1551, to amend dividual download license as permitted under the Internal Revenue Code of 1986 to sical work copyright owner, and the sound recording copyright owner has the authority this paragraph shall provide statements of modify the credit for production from account and pay royalties as provided in sub- of the musical work copyright owner to advanced nuclear power facilities; as section (c)(2)(I). make and distribute digital phonorecord de- ‘‘(4) FAILURE TO OBTAIN LICENSE.— follows: liveries embodying such work to the public ‘‘(A) PHONORECORDS OTHER THAN DIGITAL Strike all after the enacting clause and in- in the United States; and PHONORECORD DELIVERIES.—In the case of sert the following: ‘‘(II) the sound recording copyright owner, phonorecords made and distributed other SECTION 1. SHORT TITLE; TABLE OF CONTENTS. or the authorized distributor of the sound re- than by means of digital phonorecord deliv- (a) SHORT TITLE.—This Act may be cited as cording copyright owner, has authorized the ery, the failure to serve or file the notice of the ‘‘Music Modernization Act’’. digital music provider to make and dis- intention required by paragraph (1) fore- (b) TABLE OF CONTENTS.—The table of contribute digital phonorecord deliveries of the tents for this Act is as follows: closes the possibility of a compulsory license sound recording to the public in the United under paragraph (1). In the absence of a vol- Sec. 1. Short title; table of contents. States. Sec. 2. Customs user fees. untary license, the failure to obtain a com- ‘‘(B) DUPLICATION OF SOUND RECORDING.—A pulsory license renders the making and dis- TITLE I—MUSIC LICENSING person may not obtain a compulsory license tribution of phonorecords actionable as acts MODERNIZATION for the use of the work in the making of of infringement under section 501 and subject Sec. 101. Short title. phonorecords duplicating a sound recording to the remedies provided by sections 502 Sec. 102. Blanket license for digital uses and fixed by another, including by means of dig- through 506. mechanical licensing collective. ital phonorecord delivery, unless— ‘‘(B) DIGITAL PHONORECORD DELIVERIES.— Sec. 103. Amendments to section 114. ‘‘(i) such sound recording was fixed law- Sec. 104. Random assignment of rate court ‘‘(i) IN GENERAL.—In the case of fully; and phonorecords made and distributed by means proceedings. ‘‘(ii) the making of the phonorecords was Sec. 105. Performing rights society consent of digital phonorecord delivery: authorized by the owner of the copyright in ‘‘(I) The failure to serve the notice of in- decrees. the sound recording or, if the sound record- Sec. 106. Effective date. tention required by paragraph (2)(A) or para- ing was fixed before February 15, 1972, by any graph (3), as applicable, forecloses the possi- TITLE II—CLASSICS PROTECTION AND person who fixed the sound recording pursu- ACCESS bility of a compulsory license under such ant to an express license from the owner of paragraph. Sec. 201. Short title. the copyright in the musical work or pursu- ‘‘(II) The failure to comply with paragraph Sec. 202. Unauthorized use of pre-1972 sound ant to a valid compulsory license for use of recordings. (2)(B) forecloses the possibility of a blanket such work in a sound recording.’’; and license for a period of 3 years after the last TITLE III—ALLOCATION FOR MUSIC (C) in paragraph (2), by striking ‘‘A com- calendar day on which the notice of license PRODUCERS pulsory license’’ and inserting ‘‘MUSICAL AR- was required to be submitted to the mechan- Sec. 301. Short title. RANGEMENT.—A compulsory license’’; ical licensing collective under such para- Sec. 302. Payment of statutory performance (2) by striking subsection (b) and inserting graph. royalties. the following: ‘‘(ii) EFFECT OF FAILURE.—In either case Sec. 303. Effective date. ‘‘(b) PROCEDURES TO OBTAIN A COMPULSORY described in subclause (I) or (II) of clause (i), TITLE IV—SEVERABILITY LICENSE.— in the absence of a voluntary license, the Sec. 401. Severability. ‘‘(1) PHONORECORDS OTHER THAN DIGITAL failure to obtain a compulsory license ren- SEC. 2. CUSTOMS USER FEES. PHONORECORD DELIVERIES.—A person who ders the making and distribution of Section 13031(j)(3)(A) of the Consolidated seeks to obtain a compulsory license under phonorecords by means of digital phono- Omnibus Budget Reconciliation Act of 1985 subsection (a) to make and distribute record delivery actionable as acts of in- (19 U.S.C. 58c(j)(3)(A)) is amended by striking phonorecords of a musical work other than fringement under section 501 and subject to ‘‘October 13, 2027’’ and inserting ‘‘October 20, by means of digital phonorecord delivery the remedies provided by sections 502 2027’’. shall, before, or not later than 30 calendar through 506.’’; TITLE I—MUSIC LICENSING days after, making, and before distributing, (3) by amending subsection (c) to read as MODERNIZATION any phonorecord of the work, serve notice of follows: SEC. 101. SHORT TITLE. intention to do so on the copyright owner. If ‘‘(c) GENERAL CONDITIONS APPLICABLE TO This title may be cited as the ‘‘Musical the registration or other public records of COMPULSORY LICENSE.— Works Modernization Act’’. the Copyright Office do not identify the ‘‘(1) ROYALTY PAYABLE UNDER COMPULSORY SEC. 102. BLANKET LICENSE FOR DIGITAL USES copyright owner and include an address at LICENSE.— AND MECHANICAL LICENSING COL- which notice can be served, it shall be suffi- ‘‘(A) IDENTIFICATION REQUIREMENT.—To be LECTIVE. cient to file the notice of intention with the entitled to receive royalties under a compul- (a) AMENDMENT.—Section 115 of title 17, Copyright Office. The notice shall comply, in sory license obtained under subsection (b)(1) United States Code, is amended— form, content, and manner of service, with the copyright owner must be identified in

VerDate Sep 11 2014 02:46 Sep 19, 2018 Jkt 079060 PO 00000 Frm 00041 Fmt 4637 Sfmt 0634 E:\CR\FM\A18SE6.050 S18SEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S6238 CONGRESSIONAL RECORD — SENATE September 18, 2018 the registration or other public records of mote the sales of phonorecords or otherwise right owner, or by a record company pursu- the Copyright Office. The owner is entitled may interfere with or may enhance the mu- ant to an individual download license, to to royalties for phonorecords made and dis- sical work copyright owner’s other streams make and distribute phonorecords of each tributed after being so identified, but is not of revenue from its musical works; and musical work embodied in the sound record- entitled to recover for any phonorecords pre- ‘‘(ii) the relative roles of the copyright ing by means of digital phonorecord deliv- viously made and distributed. owner and the compulsory licensee in the ery. ‘‘(B) ROYALTY FOR PHONORECORDS OTHER copyrighted work and the service made ‘‘(ii) OTHER REMEDIES.—Any cause of action THAN DIGITAL PHONORECORD DELIVERIES.—Ex- available to the public with respect to the under this subparagraph shall be in addition cept as provided by subparagraph (A), for relative creative contribution, technological to those available to the owner of the copy- every phonorecord made and distributed contribution, capital investment, cost, and right in the nondramatic musical work under a compulsory license under subsection risk. under subparagraph (J) and section 106(4) and (a) other than by means of digital phono- ‘‘(2) ADDITIONAL TERMS AND CONDITIONS.— the owner of the copyright in the sound re- record delivery, with respect to each work ‘‘(A) VOLUNTARY LICENSES AND CONTRAC- cording under section 106(6). embodied in the phonorecord, the royalty TUAL ROYALTY RATES.— ‘‘(D) LIABILITY OF SOUND RECORDING OWN- shall be the royalty prescribed under sub- ‘‘(i) IN GENERAL.—License agreements vol- ERS.—The liability of the copyright owner of paragraphs (D) through (F), paragraph (2)(A), untarily negotiated at any time between one a sound recording for infringement of the and chapter 8. For purposes of this subpara- or more copyright owners of nondramatic copyright in a nondramatic musical work graph, a phonorecord is considered ‘distrib- musical works and one or more persons enti- embodied in the sound recording shall be de- uted’ if the person exercising the compulsory tled to obtain a compulsory license under termined in accordance with applicable law, license has voluntarily and permanently subsection (a) shall be given effect in lieu of except that the owner of a copyright in a parted with its possession. any determination by the Copyright Royalty sound recording shall not be liable for a dig- ‘‘(C) ROYALTY FOR DIGITAL PHONORECORD Judges. Subject to clause (ii), the royalty ital phonorecord delivery by a third party if DELIVERIES.—For every digital phonorecord rates determined pursuant to subparagraphs the owner of the copyright in the sound re- delivery of a musical work made under a (E) and (F) of paragraph (1) shall be given ef- cording does not license the distribution of a compulsory license under this section, the fect as to digital phonorecord deliveries in phonorecord of the nondramatic musical royalty payable shall be the royalty pre- lieu of any contrary royalty rates specified scribed under subparagraphs (D) through (F), in a contract pursuant to which a recording work. paragraph (2)(A), and chapter 8. artist who is the author of a nondramatic ‘‘(E) RECORDING DEVICES AND MEDIA.—Noth- ing in section 1008 shall be construed to pre- ‘‘(D) AUTHORITY TO NEGOTIATE.—Notwith- musical work grants a license under that standing any provision of the antitrust laws, person’s exclusive rights in the musical work vent the exercise of the rights and remedies any copyright owners of nondramatic musi- under paragraphs (1) and (3) of section 106 or allowed by this paragraph, subparagraph (J), cal works and any persons entitled to obtain commits another person to grant a license in and chapter 5 in the event of a digital phono- a compulsory license under subsection (a) that musical work under paragraphs (1) and record delivery, except that no action alleg- may negotiate and agree upon the terms and (3) of section 106, to a person desiring to fix ing infringement of copyright may be rates of royalty payments under this section in a tangible medium of expression a sound brought under this title against a manufac- and the proportionate division of fees paid recording embodying the musical work. turer, importer or distributor of a digital among copyright owners, and may designate ‘‘(ii) APPLICABILITY.—The second sentence audio recording device, a digital audio re- common agents on a nonexclusive basis to of clause (i) shall not apply to— cording medium, an analog recording device, negotiate, agree to, pay or receive such roy- ‘‘(I) a contract entered into on or before or an analog recording medium, or against a alty payments. Such authority to negotiate June 22, 1995, and not modified thereafter for consumer, based on the actions described in the terms and rates of royalty payments in- the purpose of reducing the royalty rates de- such section. cludes, but is not limited to, the authority termined pursuant to subparagraphs (E) and ‘‘(F) PRESERVATION OF RIGHTS.—Nothing in to negotiate the year during which the roy- (F) of paragraph (1) or of increasing the num- this section annuls or limits— alty rates prescribed under this subpara- ber of musical works within the scope of the ‘‘(i) the exclusive right to publicly perform graph, subparagraphs (E) and (F), paragraph contract covered by the reduced rates, ex- a sound recording or the musical work em- (2)(A), and chapter 8 shall next be deter- cept if a contract entered into on or before bodied therein, including by means of a dig- mined. June 22, 1995, is modified thereafter for the ital transmission, under paragraphs (4) and ‘‘(E) DETERMINATION OF REASONABLE RATES purpose of increasing the number of musical (6) of section 106; AND TERMS.—Proceedings under chapter 8 works within the scope of the contract, any ‘‘(ii) except for compulsory licensing under shall determine reasonable rates and terms contrary royalty rates specified in the con- the conditions specified by this section, the of royalty payments for the activities speci- tract shall be given effect in lieu of royalty exclusive rights to reproduce and distribute fied by this section during the period begin- rates determined pursuant to subparagraphs the sound recording and the musical work ning with the effective date of such rates and (E) and (F) of paragraph (1) for the number of embodied therein under paragraphs (1) and terms, but not earlier than January 1 of the musical works within the scope of the con- (3) of section 106, including by means of a second year following the year in which the tract as of June 22, 1995; and digital phonorecord delivery; or petition requesting the proceeding is filed, ‘‘(II) a contract entered into after the date ‘‘(iii) any other rights under any other pro- and ending on the effective date of successor that the sound recording is fixed in a tan- vision of section 106, or remedies available rates and terms, or such other period as the gible medium of expression substantially in under this title, as such rights or remedies parties may agree. Any copyright owners of a form intended for commercial release, if at exist before, on, or after the date of enact- nondramatic musical works and any persons the time the contract is entered into, the re- ment of the Digital Performance Right in entitled to obtain a compulsory license cording artist retains the right to grant li- Sound Recordings Act of 1995. under subsection (a) may submit to the censes as to the musical work under para- ‘‘(G) EXEMPT TRANSMISSIONS AND RETRANS- Copyright Royalty Judges licenses covering graphs (1) and (3) of section 106. MISSIONS.—The provisions of this section such activities. The parties to each pro- ‘‘(B) SOUND RECORDING INFORMATION.—Ex- concerning digital phonorecord deliveries ceeding shall bear their own costs. cept as provided in section 1002(e), a digital shall not apply to any exempt transmissions ‘‘(F) SCHEDULE OF REASONABLE RATES.—The phonorecord delivery licensed under this or retransmissions under section 114(d)(1). schedule of reasonable rates and terms deter- paragraph shall be accompanied by the infor- The exemptions created in section 114(d)(1) mined by the Copyright Royalty Judges mation encoded in the sound recording, if do not expand or reduce the rights of copy- shall, subject to paragraph (2)(A), be binding any, by or under the authority of the copyright owners under paragraphs (1) through on all copyright owners of nondramatic mu- right owner of that sound recording, that (5) of section 106 with respect to such trans- sical works and persons entitled to obtain a identifies the title of the sound recording, missions and retransmissions. compulsory license under subsection (a) dur- the featured recording artist who performs ‘‘(H) DISTRIBUTION BY RENTAL, LEASE, OR ing the period specified in subparagraph (E), on the sound recording, and related informa- LENDING.—A compulsory license obtained such other period as may be determined pur- tion, including information concerning the under subsection (b)(1) to make and dis- suant to subparagraphs (D) and (E), or such underlying musical work and its writer. tribute phonorecords includes the right of other period as the parties may agree. The ‘‘(C) INFRINGEMENT REMEDIES.— the maker of such a phonorecord to dis- Copyright Royalty Judges shall establish ‘‘(i) IN GENERAL.—A digital phonorecord de- tribute or authorize distribution of such pho- rates and terms that most clearly represent livery of a sound recording is actionable as norecord, other than by means of a digital the rates and terms that would have been ne- an act of infringement under section 501, and phonorecord delivery, by rental, lease, or gotiated in the marketplace between a will- is fully subject to the remedies provided by lending (or by acts or practices in the nature ing buyer and a willing seller. In deter- sections 502 through 506, unless— of rental, lease, or lending). With respect to mining such rates and terms for digital pho- ‘‘(I) the digital phonorecord delivery has each nondramatic musical work embodied in norecord deliveries, the Copyright Royalty been authorized by the sound recording copy- the phonorecord, the royalty shall be a pro- Judges shall base their decision on eco- right owner; and portion of the revenue received by the com- nomic, competitive, and programming infor- ‘‘(II) the entity making the digital phono- pulsory licensee from every such act of dis- mation presented by the parties, including— record delivery has obtained a compulsory li- tribution of the phonorecord under this ‘‘(i) whether use of the compulsory licens- cense under subsection (a) or has otherwise clause equal to the proportion of the revenue ee’s service may substitute for or may pro- been authorized by the musical work copy- received by the compulsory licensee from

VerDate Sep 11 2014 02:46 Sep 19, 2018 Jkt 079060 PO 00000 Frm 00042 Fmt 4637 Sfmt 0634 E:\CR\FM\A18SE6.053 S18SEPT1 SSpencer on DSKBBXCHB2PROD with SENATE September 18, 2018 CONGRESSIONAL RECORD — SENATE S6239 distribution of the phonorecord under sub- an individual download license, shall be by the mechanical licensing collective may section (a)(1)(A)(ii)(II) that is payable by a given effect in lieu of a blanket license under seek review of such rejection in an appro- compulsory licensee under that clause and this subsection with respect to the musical priate district court of the United States. under chapter 8. The Register of Copyrights works (or shares thereof) covered by such The district court shall determine the mat- shall issue regulations to carry out the pur- voluntary license or individual download au- ter de novo based on the record before the pose of this subparagraph. thority and the following conditions apply: mechanical licensing collective and any ad- ‘‘(I) PAYMENT OF ROYALTIES AND STATE- ‘‘(i) Where a voluntary license or indi- ditional evidence presented by the parties. MENTS OF ACCOUNT.—Except as provided in vidual download license applies, the license ‘‘(B) BLANKET LICENSE EFFECTIVE DATE.— paragraphs (4)(A)(i) and (10)(B) of subsection authority provided under the blanket license Blanket licenses shall be made available by (d), royalty payments shall be made on or be- shall exclude any musical works (or shares the mechanical licensing collective on and fore the twentieth day of each month and thereof) subject to the voluntary license or after the license availability date. No such shall include all royalties for the month next individual download license. license shall be effective prior to the license preceding. Each monthly payment shall be ‘‘(ii) An entity engaged in covered activi- availability date. made under oath and shall comply with re- ties under a voluntary license or authority ‘‘(3) MECHANICAL LICENSING COLLECTIVE.— quirements that the Register of Copyrights obtained pursuant to an individual download ‘‘(A) IN GENERAL.—The mechanical licens- shall prescribe by regulation. The Register license that is a significant nonblanket li- ing collective shall be a single entity that— shall also prescribe regulations under which censee shall comply with paragraph (6)(A). ‘‘(i) is a nonprofit entity, not owned by any detailed cumulative annual statements of ‘‘(iii) The rates and terms of any voluntary other entity, that is created by copyright account, certified by a certified public ac- license shall be subject to the second sen- owners to carry out responsibilities under countant, shall be filed for every compulsory tence of clause (i) and clause (ii) of sub- this subsection; license under subsection (a). The regulations section (c)(2)(A) and paragraph (9)(C), as ap- ‘‘(ii) is endorsed by, and enjoys substantial covering both the monthly and the annual plicable. support from, musical work copyright own- statements of account shall prescribe the ‘‘(D) PROTECTION AGAINST INFRINGEMENT ers that together represent the greatest perform, content, and manner of certification ACTIONS.—A digital music provider that ob- centage of the licensor market for uses of with respect to the number of records made tains and complies with the terms of a valid such works in covered activities, as meas- and the number of records distributed. blanket license under this subsection shall ured over the preceding 3 full calendar years; ‘‘(J) NOTICE OF DEFAULT AND TERMINATION not be subject to an action for infringement ‘‘(iii) is able to demonstrate to the Reg- OF COMPULSORY LICENSE.—In the case of a li- of the exclusive rights provided by para- cense obtained under paragraph (1), (2)(A), or graphs (1) and (3) of section 106 under this ister of Copyrights that the entity has, or (3) of subsection (b), if the copyright owner title arising from use of a musical work (or will have prior to the license availability does not receive the monthly payment and share thereof) to engage in covered activities date, the administrative and technological the monthly and annual statements of ac- authorized by such license, subject to para- capabilities to perform the required func- count when due, the owner may give written graph (4)(E). tions of the mechanical licensing collective notice to the licensee that, unless the de- ‘‘(E) OTHER REQUIREMENTS AND CONDITIONS under this subsection and that is governed fault is remedied not later than 30 days after APPLY.—Except as expressly provided in this by a board of directors in accordance with the date on which the notice is sent, the subsection, each requirement, limitation, subparagraph (D)(i); and compulsory license will be automatically condition, privilege, right, and remedy oth- ‘‘(iv) has been designated by the Register terminated. Such termination renders either erwise applicable to compulsory licenses of Copyrights, with the approval of the Li- the making or the distribution, or both, of under this section shall apply to compulsory brarian of Congress pursuant to section 702, all phonorecords for which the royalty has blanket licenses under this subsection. in accordance with subparagraph (B). not been paid, actionable as acts of infringe- ‘‘(2) AVAILABILITY OF BLANKET LICENSE.— ‘‘(B) DESIGNATION OF MECHANICAL LICENSING ment under section 501 and fully subject to ‘‘(A) PROCEDURE FOR OBTAINING LICENSE.—A COLLECTIVE.— the remedies provided by sections 502 digital music provider may obtain a blanket ‘‘(i) INITIAL DESIGNATION.—Not later than through 506. In the case of a license obtained license by submitting a notice of license to 270 days after the enactment date, the Reg- under subsection (b)(2)(B), license authority the mechanical licensing collective that ister of Copyrights shall initially designate under the compulsory license may be termi- specifies the particular covered activities in the mechanical licensing collective as fol- nated as provided in subsection (d)(4)(E).’’; which the digital music provider seeks to en- lows: (4) by amending subsection (d) to read as gage, as follows: ‘‘(I) Not later than 90 calendar days after follows: ‘‘(i) The notice of license shall comply in the enactment date, the Register shall pub- ‘‘(d) BLANKET LICENSE FOR DIGITAL USES, form and substance with requirements that lish notice in the Federal Register soliciting MECHANICAL LICENSING COLLECTIVE, AND DIG- the Register of Copyrights shall establish by information to assist in identifying the ap- ITAL LICENSEE COORDINATOR.— regulation. propriate entity to serve as the mechanical ‘‘(1) BLANKET LICENSE FOR DIGITAL USES.— ‘‘(ii) Unless rejected in writing by the me- licensing collective, including the name and ‘‘(A) IN GENERAL.—A digital music provider chanical licensing collective not later than affiliation of each member of the board of di- that qualifies for a compulsory license under 30 calendar days after the date on which the rectors described under subparagraph (D)(i) subsection (a) may, by complying with the mechanical licensing collective receives the and each committee established pursuant to terms and conditions of this subsection, ob- notice, the blanket license shall be effective clauses (iii), (iv), and (v) of subparagraph (D). tain a blanket license from copyright owners as of the date on which the notice of license ‘‘(II) After reviewing the information re- through the mechanical licensing collective was sent by the digital music provider, as quested under subclause (I) and making a to make and distribute digital phonorecord shown by a physical or electronic record. designation, the Register shall publish no- deliveries of musical works through one or ‘‘(iii) A notice of license may only be re- tice in the Federal Register setting forth— more covered activities. jected by the mechanical licensing collective ‘‘(aa) the identity of and contact informa- ‘‘(B) INCLUDED ACTIVITIES.—A blanket li- if— tion for the mechanical licensing collective; cense— ‘‘(I) the digital music provider or notice of and ‘‘(i) covers all musical works (or shares of license does not meet the requirements of ‘‘(bb) the reasons for the designation. such works) available for compulsory licens- this section or applicable regulations, in ‘‘(ii) PERIODIC REVIEW OF DESIGNATION.— ing under this section for purposes of engag- which case the requirements at issue shall be Following the initial designation of the me- ing in covered activities, except as provided specified with reasonable particularity in chanical licensing collective, the Register in subparagraph (C); the notice of rejection; or shall, every 5 years, beginning with the fifth ‘‘(ii) includes the making and distribution ‘‘(II) the digital music provider has had a full calendar year to commence after the ini- of server, intermediate, archival, and inci- blanket license terminated by the mechan- tial designation, publish notice in the Fed- dental reproductions of musical works that ical licensing collective during the 3-year pe- eral Register in the month of January solic- are reasonable and necessary for the digital riod preceding the date on which the me- iting information concerning whether the ex- music provider to engage in covered activi- chanical licensing collective receives the no- isting designation should be continued, or a ties licensed under this subsection, solely for tice pursuant to paragraph (4)(E). different entity meeting the criteria de- the purpose of engaging in such covered ac- ‘‘(iv) If a notice of license is rejected under scribed in clauses (i) through (iii) of subpara- tivities; and clause (iii)(I), the digital music provider graph (A) shall be designated. Following pub- ‘‘(iii) does not cover or include any rights shall have 30 calendar days after receipt of lication of such notice, the Register shall— or uses other than those described in clauses the notice of rejection to cure any deficiency ‘‘(I) after reviewing the information sub- (i) and (ii). and submit an amended notice of license to mitted and conducting additional pro- ‘‘(C) OTHER LICENSES.—A voluntary license the mechanical licensing collective. If the ceedings as appropriate, publish notice in the for covered activities entered into by or deficiency has been cured, the mechanical li- Federal Register of a continuing designation under the authority of 1 or more copyright censing collective shall so confirm in writ- or new designation of the mechanical licens- owners and 1 or more digital music pro- ing, and the license shall be effective as of ing collective, as the case may be, and the viders, or authority to make and distribute the date that the original notice of license reasons for such a designation, with any new permanent downloads of a musical work ob- was provided by the digital music provider. designation to be effective as of the first day tained by a digital music provider from a ‘‘(v) A digital music provider that believes of a month that is not less than 6 months sound recording copyright owner pursuant to a notice of license was improperly rejected and not longer than 9 months after the date

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on which the Register publishes the notice, works for covered activities, including col- ‘‘(iii) BOARD MEETINGS.—The board of direc- as specified by the Register; and lecting and distributing royalties, pursuant tors shall meet not less frequently than bi- ‘‘(II) if a new entity is designated as the to blanket licenses. annually and discuss matters pertinent to mechanical licensing collective, adopt regu- ‘‘(iii) ADDITIONAL ADMINISTRATIVE ACTIVI- the operations of the mechanical licensing lations to govern the transfer of licenses, TIES.—Subject to paragraph (11)(C), the me- collective, including the mechanical licens- funds, records, data, and administrative re- chanical licensing collective may also ad- ing collective budget. sponsibilities from the existing mechanical minister, including by collecting and distrib- ‘‘(iv) OPERATIONS ADVISORY COMMITTEE.— licensing collective to the new entity. uting royalties, voluntary licenses issued by, The board of directors of the mechanical li- ‘‘(iii) CLOSEST ALTERNATIVE DESIGNATION.— or individual download licenses obtained censing collective shall establish an oper- If the Register is unable to identify an entity from, copyright owners only for reproduction ations advisory committee consisting of not that fulfills each of the qualifications set or distribution rights in musical works for fewer than 6 members to make recommenda- forth in clauses (i) through (iii) of subpara- covered activities, for which the mechanical tions to the board of directors concerning graph (A), the Register shall designate the licensing collective shall charge reasonable the operations of the mechanical licensing entity that most nearly fulfills such quali- fees for such services. collective, including the efficient investment fications for purposes of carrying out the re- ‘‘(iv) RESTRICTION ON LOBBYING.—The me- in and deployment of information tech- sponsibilities of the mechanical licensing chanical licensing collective may not engage nology and data resources. Such committee collective. in government lobbying activities, but may shall have an equal number of members of ‘‘(C) AUTHORITIES AND FUNCTIONS.— engage in the activities described in sub- the committee who are— ‘‘(i) IN GENERAL.—The mechanical licensing clauses (IX), (X), and (XI) of clause (i). ‘‘(I) musical work copyright owners who collective is authorized to perform the fol- ‘‘(D) GOVERNANCE.— are appointed by the board of directors of the lowing functions, subject to more particular ‘‘(i) BOARD OF DIRECTORS.—The mechanical mechanical licensing collective; and requirements as described in this subsection: licensing collective shall have a board of di- ‘‘(II) representatives of digital music pro- ‘‘(I) Offer and administer blanket licenses, rectors consisting of 14 voting members and viders who are appointed by the digital li- including receipt of notices of license and re- 3 nonvoting members, as follows: censee coordinator. ports of usage from digital music providers. ‘‘(v) UNCLAIMED ROYALTIES OVERSIGHT COM- ‘‘(II) Collect and distribute royalties from ‘‘(I) Ten voting members shall be rep- digital music providers for covered activi- resentatives of music publishers— MITTEE.—The board of directors of the me- ties. ‘‘(aa) to which songwriters have assigned chanical licensing collective shall establish ‘‘(III) Engage in efforts to identify musical exclusive rights of reproduction and distribu- and appoint an unclaimed royalties over- works (and shares of such works) embodied tion of musical works with respect to cov- sight committee consisting of 10 members, 5 in particular sound recordings, and to iden- ered activities; and of which shall be musical work copyright tify and locate the copyright owners of such ‘‘(bb) none of which may be owned by, or owners and 5 of which shall be professional musical works (and shares of such works). under common control with, any other board songwriters whose works are used in covered ‘‘(IV) Maintain the musical works database member. activities. and other information relevant to the ad- ‘‘(II) Four voting members shall be profes- ‘‘(vi) DISPUTE RESOLUTION COMMITTEE.—The ministration of licensing activities under sional songwriters who have retained and ex- board of directors of the mechanical licens- this section. ercise exclusive rights of reproduction and ing collective shall establish and appoint a ‘‘(V) Administer a process by which copy- distribution with respect to covered activi- dispute resolution committee that shall— right owners can claim ownership of musical ties with respect to musical works they have ‘‘(I) consist of not fewer than 6 members; works (and shares of such works), and a proc- authored. and ess by which royalties for works for which ‘‘(III) One nonvoting member shall be a ‘‘(II) include an equal number of represent- the owner is not identified or located are eq- representative of the nonprofit trade associa- atives of musical work copyright owners and uitably distributed to known copyright own- tion of music publishers that represents the professional songwriters. ers. greatest percentage of the licensor market ‘‘(vii) MECHANICAL LICENSING COLLECTIVE ‘‘(VI) Administer collections of the admin- for uses of musical works in covered activi- ANNUAL REPORT.— istrative assessment from digital music pro- ties, as measured for the 3-year period pre- ‘‘(I) IN GENERAL.—Not later than June 30 of viders and significant nonblanket licensees, ceding the date on which the member is ap- each year commencing after the license including receipt of notices of nonblanket pointed. availability date, the mechanical licensing activity. ‘‘(IV) One nonvoting member shall be a collective shall post, and make available on- ‘‘(VII) Invest in relevant resources, and ar- representative of the digital licensee coordi- line for a period of not less than 3 years, an range for services of outside vendors and oth- nator, provided that a digital licensee coor- annual report that sets forth information re- ers, to support the activities of the mechan- dinator has been designated pursuant to garding— ical licensing collective. paragraph (5)(B). Otherwise, the nonvoting ‘‘(aa) the operational and licensing prac- ‘‘(VIII) Engage in legal and other efforts to member shall be the nonprofit trade associa- tices of the collective; enforce rights and obligations under this tion of digital licensees that represents the ‘‘(bb) how royalties are collected and dis- subsection, including by filing bankruptcy greatest percentage of the licensee market tributed; proofs of claims for amounts owed under li- for uses of musical works in covered activi- ‘‘(cc) budgeting and expenditures; censes, and acting in coordination with the ties, as measured over the preceding 3 full ‘‘(dd) the collective total costs for the pre- digital licensee coordinator. calendar years. ceding calendar year; ‘‘(IX) Initiate and participate in pro- ‘‘(V) One nonvoting member shall be a rep- ‘‘(ee) the projected annual mechanical li- ceedings before the Copyright Royalty resentative of a nationally recognized non- censing collective budget; Judges to establish the administrative as- profit trade association whose primary mis- ‘‘(ff) aggregated royalty receipts and pay- sessment under this subsection. sion is advocacy on behalf of songwriters in ments; ‘‘(X) Initiate and participate in pro- the United States. ‘‘(gg) expenses that are more than 10 per- ceedings before the Copyright Office with re- ‘‘(ii) BYLAWS.— cent of the annual mechanical licensing col- spect to activities under this subsection. ‘‘(I) ESTABLISHMENT.—Not later than 1 year lective budget; and ‘‘(XI) Gather and provide documentation after the date on which the mechanical li- ‘‘(hh) the efforts of the collective to locate for use in proceedings before the Copyright censing collective is initially designated by and identify copyright owners of unmatched Royalty Judges to set rates and terms under the Register of Copyrights under subpara- musical works (and shares of works). this section. graph (B)(i), the collective shall establish by- ‘‘(II) SUBMISSION.—On the date on which ‘‘(XII) Maintain records of the activities of laws to determine issues relating to the gov- the mechanical licensing collective posts the mechanical licensing collective and en- ernance of the collective, including, but not each report required under subclause (I), the gage in and respond to audits described in limited to— collective shall provide a copy of the report this subsection. ‘‘(aa) the length of the term for each mem- to the Register of Copyrights. ‘‘(XIII) Engage in such other activities as ber of the board of directors; ‘‘(viii) INDEPENDENT OFFICERS.—An indi- may be necessary or appropriate to fulfill ‘‘(bb) the staggering of the terms of the vidual serving as an officer of the mechan- the responsibilities of the mechanical licens- members of the board of directors; ical licensing collective may not, at the ing collective under this subsection. ‘‘(cc) a process for filling a seat on the same time, also be an employee or agent of ‘‘(ii) RESTRICTIONS CONCERNING LICENSING board of directors that is vacated before the any member of the board of directors of the AND ADMINISTRATIVE ACTIVITIES.—With re- end of the term with respect to that seat; collective or any entity represented by a spect to the administration of licenses, ex- ‘‘(dd) a process for electing a member to member of the board of directors, as de- cept as provided in clauses (i) and (iii) and the board of directors; and scribed in clause (i). subparagraph (E)(v), the mechanical licens- ‘‘(ee) a management structure for daily op- ‘‘(ix) OVERSIGHT AND ACCOUNTABILITY.— ing collective may only— eration of the collective. ‘‘(I) IN GENERAL.—The mechanical licens- ‘‘(I) issue blanket licenses pursuant to sub- ‘‘(II) PUBLIC AVAILABILITY.—The mechan- ing collective shall— section (d)(1); and ical licensing collective shall make the by- ‘‘(aa) ensure that the policies and practices ‘‘(II) administer blanket licenses for repro- laws established under subclause (I) avail- of the collective are transparent and ac- duction or distribution rights in musical able to the public. countable;

VerDate Sep 11 2014 02:46 Sep 19, 2018 Jkt 079060 PO 00000 Frm 00044 Fmt 4637 Sfmt 0634 E:\CR\FM\A18SE6.053 S18SEPT1 SSpencer on DSKBBXCHB2PROD with SENATE September 18, 2018 CONGRESSIONAL RECORD — SENATE S6241 ‘‘(bb) identify a point of contact for pub- works) in the database, the musical works nonblanket licensees and the dates of receipt lisher inquiries and complaints with timely database shall include— of such notices. redress; and ‘‘(I) to the extent reasonably available to ‘‘(G) COLLECTION AND DISTRIBUTION OF ROY- ‘‘(cc) establish an anti-comingling policy the mechanical licensing collective— ALTIES.— for funds not collected under this section and ‘‘(aa) the title of the musical work; ‘‘(i) IN GENERAL.—Upon receiving reports of royalties collected under this section. ‘‘(bb) the ownership percentage for which usage and payments of royalties from digital ‘‘(II) AUDITS.— an owner has not been identified; music providers for covered activities, the ‘‘(aa) IN GENERAL.—Beginning in the fourth ‘‘(cc) if a copyright owner has been identi- mechanical licensing collective shall— full calendar year that begins after the ini- fied but not located, the identity of such ‘‘(I) engage in efforts to— tial designation of the mechanical licensing owner and the ownership percentage of that ‘‘(aa) identify the musical works embodied collective by the Register of Copyrights owner; in sound recordings reflected in such reports, under subparagraph (B)(i), and in every fifth ‘‘(dd) identifying information for sound re- and the copyright owners of such musical calendar year thereafter, the collective shall cordings in which the work is embodied, in- works (and shares thereof); retain a qualified auditor that shall— cluding sound recording name, featured art- ‘‘(bb) confirm uses of musical works sub- ‘‘(AA) examine the books, records, and op- ist, sound recording copyright owner, project to voluntary licenses and individual erations of the collective; ducer, international standard recording code, download licenses, and the corresponding pro ‘‘(BB) prepare a report for the board of di- and other information commonly used to as- rata amounts to be deducted from royalties rectors of the collective with respect to the sist in associating sound recordings with mu- that would otherwise be due under the blan- sical works; and ket license; and matters described in item (bb); and ‘‘(ee) any additional information reported ‘‘(cc) confirm proper payment of royalties ‘‘(CC) not later than December 31 of the to the mechanical licensing collective that due; year in which the qualified auditor is re- may assist in identifying the work; and ‘‘(II) distribute royalties to copyright own- tained, deliver the report described in ‘‘(II) such other information relating to ers in accordance with the usage and other subitem (BB) to the board of directors of the the identity and ownership of musical works information contained in such reports, as collective. (and shares of such works) as the Register of well as the ownership and other information ‘‘(bb) MATTERS ADDRESSED.—Each report Copyrights may prescribe by regulation. contained in the records of the collective; prepared under item (aa) shall address the ‘‘(iv) SOUND RECORDING INFORMATION.—Each and implementation and efficacy of procedures of musical work copyright owner with any mu- ‘‘(III) deposit into an interest-bearing ac- the mechanical licensing collective— sical work listed in the musical works data- count, as provided in subparagraph (H)(ii), ‘‘(AA) for the receipt, handling, and dis- base shall engage in commercially reason- royalties that cannot be distributed due to— tribution of royalty funds, including any able efforts to deliver to the mechanical li- ‘‘(aa) an inability to identify or locate a amounts held as unclaimed royalties; censing collective, including for use in the copyright owner of a musical work (or share ‘‘(BB) to guard against fraud, abuse, waste, musical works database, to the extent such thereof); or and the unreasonable use of funds; and information is not then available in the ‘‘(bb) a pending dispute before the dispute ‘‘(CC) to protect the confidentiality of fi- database, information regarding the names resolution committee of the mechanical li- nancial, proprietary, and other sensitive in- of the sound recordings in which that copy- censing collective. formation. right owner’s musical works (or shares ‘‘(ii) OTHER COLLECTION EFFORTS.—Any roy- ‘‘(cc) PUBLIC AVAILABILITY.—With respect thereof) are embodied, to the extent prac- alties recovered by the mechanical licensing to each report prepared under item (aa), the ticable. collective as a result of efforts to enforce mechanical licensing collective shall— ‘‘(v) ACCESSIBILITY OF DATABASE.—The mu- rights or obligations under a blanket license, ‘‘(AA) submit the report to the Register of sical works database shall be made available including through a bankruptcy proceeding Copyrights; and to members of the public in a searchable, on- or other legal action, shall be distributed to ‘‘(BB) make the report available to the line format, free of charge. The mechanical copyright owners based on available usage public. licensing collective shall make such data- information and in accordance with the pro- ‘‘(E) MUSICAL WORKS DATABASE.— base available in a bulk, machine-readable cedures described in subclauses (I) and (II) of ‘‘(i) ESTABLISHMENT AND MAINTENANCE OF format, through a widely available software clause (i), on a pro rata basis in proportion DATABASE.—The mechanical licensing collec- application, to the following entities: to the overall percentage recovery of the tive shall establish and maintain a database ‘‘(I) Digital music providers operating total royalties owed, with any pro rata share containing information relating to musical under the authority of valid notices of li- of royalties that cannot be distributed depos- works (and shares of such works) and, to the cense, free of charge. ited in an interest-bearing account as pro- extent known, the identity and location of ‘‘(II) Significant nonblanket licensees in vided in subparagraph (H)(ii). the copyright owners of such works (and compliance with their obligations under ‘‘(H) HOLDING OF ACCRUED ROYALTIES.— shares thereof) and the sound recordings in paragraph (6), free of charge. ‘‘(i) HOLDING PERIOD.—The mechanical li- which the musical works are embodied. In ‘‘(III) Authorized vendors of the entities censing collective shall hold accrued royal- furtherance of maintaining such database, described in subclauses (I) and (II), free of ties associated with particular musical the mechanical licensing collective shall en- charge. works (and shares of works) that remain un- gage in efforts to identify the musical works ‘‘(IV) The Register of Copyrights, free of matched for a period of not less than 3 years embodied in particular sound recordings, as charge (but the Register shall not treat such after the date on which the funds were re- well as to identify and locate the copyright database or any information therein as a ceived by the mechanical licensing collec- owners of such works (and shares thereof), Government record). tive, or not less than 3 years after the date and update such data as appropriate. ‘‘(V) Any other person or entity for a fee on which the funds were accrued by a digital ‘‘(ii) MATCHED WORKS.—With respect to mu- not to exceed the marginal cost to the me- music provider that subsequently transferred sical works (and shares thereof) that have chanical licensing collective of providing the such funds to the mechanical licensing col- been matched to copyright owners, the musi- database to such person or entity. lective pursuant to paragraph (10)(B), which- cal works database shall include— ‘‘(vi) ADDITIONAL REQUIREMENTS.—The Reg- ever period expires sooner. ‘‘(I) the title of the musical work; ister of Copyrights shall establish require- ‘‘(ii) INTEREST-BEARING ACCOUNT.—Accrued ‘‘(II) the copyright owner of the work (or ments by regulations to ensure the usability, royalties for unmatched works (and shares share thereof), and the ownership percentage interoperability, and usage restrictions of thereof) shall be maintained by the mechan- of that owner; the musical works database. ical licensing collective in an interest-bear- ‘‘(III) contact information for such copy- ‘‘(F) NOTICES OF LICENSE AND NONBLANKET ing account that earns monthly interest— right owner; ACTIVITY.— ‘‘(I) at the Federal, short-term rate; and ‘‘(IV) to the extent reasonably available to ‘‘(i) NOTICES OF LICENSES.—The mechanical ‘‘(II) that accrues for the benefit of copy- the mechanical licensing collective— licensing collective shall receive, review, and right owners entitled to payment of such ac- ‘‘(aa) the international standard musical confirm or reject notices of license from dig- crued royalties. work code for the work; and ital music providers, as provided in para- ‘‘(I) MUSICAL WORKS CLAIMING PROCESS.— ‘‘(bb) identifying information for sound re- graph (2)(A). The collective shall maintain a When a copyright owner of an unmatched cordings in which the musical work is em- current, publicly accessible list of blanket li- work (or share of a work) has been identified bodied, including the name of the sound re- censes that includes contact information for and located in accordance with the proce- cording, featured artist, sound recording the licensees and the effective dates of such dures of the mechanical licensing collective, copyright owner, producer, international licenses. the collective shall— standard recording code, and other informa- ‘‘(ii) NOTICES OF NONBLANKET ACTIVITY.— ‘‘(i) update the musical works database and tion commonly used to assist in associating The mechanical licensing collective shall re- the other records of the collective accord- sound recordings with musical works; and ceive notices of nonblanket activity from ingly; and ‘‘(V) such other information as the Reg- significant nonblanket licensees, as provided ‘‘(ii) provided that accrued royalties for ister of Copyrights may prescribe by regula- in paragraph (6)(A). The collective shall the musical work (or share thereof) have not tion. maintain a current, publicly accessible list yet been included in a distribution pursuant ‘‘(iii) UNMATCHED WORKS.—With respect to of notices of nonblanket activity that in- to subparagraph (J)(i), pay such accrued roy- unmatched musical works (and shares of cludes contact information for significant alties and a proportionate amount of accrued

VerDate Sep 11 2014 02:46 Sep 19, 2018 Jkt 079060 PO 00000 Frm 00045 Fmt 4637 Sfmt 0634 E:\CR\FM\A18SE6.053 S18SEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S6242 CONGRESSIONAL RECORD — SENATE September 18, 2018 interest associated with that work (or share ‘‘(bb) the procedures by which copyright ‘‘(III) The mechanical licensing collective thereof) to the copyright owner, accom- owners may identify themselves and provide shall make such books, records, and data panied by a cumulative statement of account contact, ownership, and other relevant infor- available to the qualified auditor and re- reflecting usage of such work and accrued mation to the collective in order to receive spond to reasonable requests for relevant in- royalties based on information provided by payments of accrued royalties; formation, and shall use commercially rea- digital music providers to the mechanical li- ‘‘(cc) any transfer of accrued royalties for sonable efforts to facilitate access to rel- censing collective. musical works under paragraph (10)(B), not evant information maintained by third par- ‘‘(J) DISTRIBUTION OF UNCLAIMED ACCRUED later than 180 days after the date on which ties. ROYALTIES.— the transfer is received; and ‘‘(IV) To commence the audit, any copy- ‘‘(i) DISTRIBUTION PROCEDURES.—After the ‘‘(dd) any pending distribution of un- right owner shall file with the Copyright Of- expiration of the prescribed holding period claimed accrued royalties and accrued inter- fice a notice of intent to conduct an audit of for accrued royalties provided in subpara- est, not less than 90 days before the date on the mechanical licensing collective, identi- graph (H)(i), the mechanical licensing collec- which the distribution is made; and fying the period of time to be audited, and tive shall distribute such accrued royalties, ‘‘(III) as appropriate, participate in music shall simultaneously deliver a copy of such along with a proportionate share of accrued industry conferences and events for the pur- notice to the mechanical licensing collec- interest, to copyright owners identified in pose of publicizing the matters described in tive. The Register of Copyrights shall cause the records of the collective, subject to the subclause (II). the notice of audit to be published in the following requirements, and in accordance ‘‘(iv) SONGWRITER PAYMENTS.—Copyright Federal Register not later than 45 calendar with the policies and procedures established owners that receive a distribution of un- days after the date on which the notice is re- under clause (ii): claimed accrued royalties and accrued inter- ceived. ‘‘(I) The first such distribution shall occur est shall pay or credit a portion to song- ‘‘(V) The qualified auditor shall determine on or after January 1 of the second full cal- writers (or the authorized agents of song- the accuracy of royalty payments, including endar year to commence after the license writers) on whose behalf the copyright own- whether an underpayment or overpayment of availability date, with not less than 1 such ers license or administer musical works for royalties was made by the mechanical li- distribution to take place during each cal- covered activities, in accordance with appli- censing collective to each auditing copyright endar year thereafter. cable contractual terms, but notwith- owner, except that, before providing a final ‘‘(II) Copyright owners’ payment shares for standing any agreement to the contrary— audit report to any such copyright owner, unclaimed accrued royalties for particular ‘‘(I) such payments and credits to song- the qualified auditor shall provide a ten- reporting periods shall be determined in a writers shall be allocated in proportion to re- tative draft of the report to the mechanical transparent and equitable manner based on ported usage of individual musical works by licensing collective and allow the mechan- data indicating the relative market shares of digital music providers during the reporting ical licensing collective a reasonable oppor- such copyright owners as reflected in reports periods covered by the distribution from the tunity to respond to the findings, including of usage provided by digital music providers mechanical licensing collective; and by clarifying issues and correcting factual for covered activities for the periods in ques- ‘‘(II) in no case shall the payment or credit errors. tion, including, in addition to usage data to an individual songwriter be less than 50 ‘‘(VI) The auditing copyright owner or provided to the mechanical licensing collec- percent of the payment received by the copy- owners shall bear the cost of the audit. In tive, usage data provided to copyright own- right owner attributable to usage of musical case of an underpayment to any copyright ers under voluntary licenses and individual works (or shares of works) of that song- owner, the mechanical licensing collective download licenses for covered activities, to writer. shall pay the amounts of any such under- the extent such information is available to ‘‘(K) DISPUTE RESOLUTION.—The dispute payment to such auditing copyright owner, the mechanical licensing collective. In fur- resolution committee established under sub- as appropriate. In case of an overpayment by therance of the determination of equitable paragraph (D)(vi) shall establish policies and the mechanical licensing collective, the me- market shares under this subparagraph— procedures— chanical licensing collective may debit the ‘‘(aa) the mechanical licensing collective ‘‘(i) for copyright owners to address in a account of the auditing copyright owner or may require copyright owners seeking dis- timely and equitable manner disputes relat- owners for such overpaid amounts, or such tributions of unclaimed accrued royalties to ing to ownership interests in musical works owner or owners shall refund overpaid provide, or direct the provision of, informa- licensed under this section and allocation amounts to the mechanical licensing collection concerning the usage of musical works and distribution of royalties by the mechan- tive, as appropriate. under voluntary licenses and individual ical licensing collective, subject to the ap- ‘‘(ii) ALTERNATIVE VERIFICATION PROCE- download licenses for covered activities; and proval of the board of directors of the me- DURES.—Nothing in this subparagraph shall ‘‘(bb) the mechanical licensing collective chanical licensing collective; preclude a copyright owner and the mechan- shall take appropriate steps to safeguard the ‘‘(ii) that shall include a mechanism to ical licensing collective from agreeing to confidentiality and security of usage, finan- hold disputed funds in accordance with the audit procedures different from those de- cial, and other sensitive data used to com- requirements described in subparagraph scribed in this subparagraph, except that a pute market shares in accordance with the (H)(ii) pending resolution of the dispute; and notice of the audit shall be provided to and confidentiality provisions prescribed by the ‘‘(iii) except as provided in paragraph published by the Copyright Office as de- Register of Copyrights under paragraph (11)(D), that shall not affect any legal or eq- scribed in clause (i)(IV). (12)(C). uitable rights or remedies available to any ‘‘(M) RECORDS OF MECHANICAL LICENSING ‘‘(ii) ESTABLISHMENT OF DISTRIBUTION POLI- copyright owner or songwriter concerning COLLECTIVE.— CIES.—The unclaimed royalties oversight ownership of, and entitlement to royalties ‘‘(i) RECORDS MAINTENANCE.—The mechan- committee established under subparagraph for, a musical work. ical licensing collective shall ensure that all (D)(v) shall establish policies and procedures ‘‘(L) VERIFICATION OF PAYMENTS BY ME- material records of the operations of the me- for the distribution of unclaimed accrued CHANICAL LICENSING COLLECTIVE.— chanical licensing collective, including those royalties and accrued interest in accordance ‘‘(i) VERIFICATION PROCESS.—A copyright relating to notices of license, the adminis- with this subparagraph, including the provi- owner entitled to receive payments of royal- tration of the claims process of the mechan- sion of usage data to copyright owners to alties for covered activities from the mechanical licensing collective, reports of usage, locate payments and credits to songwriters ical licensing collective may, individually or royalty payments, receipt and maintenance pursuant to clause (iv), subject to the ap- with other copyright owners, conduct an of accrued royalties, royalty distribution proval of the board of directors of the me- audit of the mechanical licensing collective processes, and legal matters, are preserved chanical licensing collective. to verify the accuracy of royalty payments and maintained in a secure and reliable man- ‘‘(iii) PUBLIC NOTICE OF UNCLAIMED ACCRUED by the mechanical licensing collective to ner, with appropriate commercially reason- ROYALTIES.—The mechanical licensing col- such copyright owner, as follows: able safeguards against unauthorized access, lective shall— ‘‘(I) A copyright owner may audit the me- copying, and disclosure, and subject to the ‘‘(I) maintain a publicly accessible online chanical licensing collective only once in a confidentiality requirements prescribed by facility with contact information for the col- year for any or all of the 3 calendar years the Register of Copyrights under paragraph lective that lists unmatched musical works preceding the year in which the audit is com- (12)(C) for a period of not less than 7 years (and shares of works), through which a copy- menced, and may not audit records for any after the date of creation or receipt, which- right owner may assert an ownership claim calendar year more than once. ever occurs later. with respect to such a work (and a share of ‘‘(II) The audit shall be conducted by a ‘‘(ii) RECORDS ACCESS.—The mechanical li- such a work); qualified auditor, who shall perform the censing collective shall provide prompt ac- ‘‘(II) engage in diligent, good-faith efforts audit during the ordinary course of business cess to electronic and other records per- to publicize, throughout the music indus- by examining the books, records, and data of taining to the administration of a copyright try— the mechanical licensing collective, accord- owner’s musical works upon reasonable writ- ‘‘(aa) the existence of the collective and ing to generally accepted auditing standards ten request of the owner or the authorized the ability to claim unclaimed accrued roy- and subject to applicable confidentiality re- representative of the owner. alties for unmatched musical works (and quirements prescribed by the Register of ‘‘(4) TERMS AND CONDITIONS OF BLANKET LI- shares of such works) held by the collective; Copyrights under paragraph (12)(C). CENSE.—A blanket license is subject to, and

VerDate Sep 11 2014 02:46 Sep 19, 2018 Jkt 079060 PO 00000 Frm 00046 Fmt 4637 Sfmt 0634 E:\CR\FM\A18SE6.053 S18SEPT1 SSpencer on DSKBBXCHB2PROD with SENATE September 18, 2018 CONGRESSIONAL RECORD — SENATE S6243 conditioned upon, the following require- mechanisms to account for overpayment and an underpayment by the digital music pro- ments: underpayment of royalties in prior periods. vider of not less than 10 percent, in which ‘‘(A) ROYALTY REPORTING AND PAYMENTS.— ‘‘(B) COLLECTION OF SOUND RECORDING IN- case the digital music provider shall bear the ‘‘(i) MONTHLY REPORTS AND PAYMENT.—A FORMATION.—A digital music provider shall reasonable costs of the audit, in addition to digital music provider shall report and pay engage in good-faith, commercially reason- paying the amount of any underpayment to royalties to the mechanical licensing collec- able efforts to obtain from sound recording the mechanical licensing collective. In case tive under the blanket license on a monthly copyright owners and other licensors of of an overpayment by the digital music pro- basis in accordance with clause (ii) and sub- sound recordings made available through the vider, the mechanical licensing collective section (c)(2)(I), except that the monthly re- service of such digital music provider infor- shall provide a credit to the account of the porting shall be due on the date that is 45 mation concerning— digital music provider. calendar days, rather than 20 calendar days, ‘‘(i) sound recording copyright owners, pro- ‘‘(VII) A digital music provider may not as- after the end of the monthly reporting pe- ducers, international standard recording sert section 507 or any other Federal or State riod. codes, and other information commonly used statute of limitations, doctrine of laches or ‘‘(ii) DATA TO BE REPORTED.—In reporting in the industry to identify sound recordings estoppel, or similar provision as a defense to usage of musical works to the mechanical li- and match them to the musical works the a legal action arising from an audit under censing collective, a digital music provider sound recordings embody; and this subparagraph if such legal action is shall provide usage data for musical works ‘‘(ii) the authorship and ownership of musi- commenced not more than 6 years after the used under the blanket license and usage cal works, including songwriters, publisher commencement of the audit that is the basis data for musical works used in covered ac- names, ownership shares, and international for such action. tivities under voluntary licenses and indi- standard musical work codes. ‘‘(ii) ALTERNATIVE VERIFICATION PROCE- vidual download licenses. In the report of ‘‘(C) PAYMENT OF ADMINISTRATIVE ASSESS- DURES.—Nothing in this subparagraph shall usage, the digital music provider shall— MENT.—A digital music provider and any sig- preclude the mechanical licensing collective ‘‘(I) with respect to each sound recording nificant nonblanket licensee shall pay the and a digital music provider from agreeing embodying a musical work— administrative assessment established under to audit procedures different from those de- ‘‘(aa) provide identifying information for paragraph (7)(D) in accordance with this sub- scribed in this subparagraph, except that a the sound recording, including sound record- section and applicable regulations. notice of the audit shall be provided to and ing name, featured artist, and, to the extent ‘‘(D) VERIFICATION OF PAYMENTS BY DIGITAL published by the Copyright Office as de- acquired by the digital music provider in MUSIC PROVIDERS.— scribed in clause (i)(IV). connection with its use of sound recordings ‘‘(i) VERIFICATION PROCESS.—The mechan- of musical works to engage in covered activi- ical licensing collective may conduct an ‘‘(E) DEFAULT UNDER BLANKET LICENSE.— ties, including pursuant to subparagraph (B), audit of a digital music provider operating ‘‘(i) CONDITIONS OF DEFAULT.—A digital sound recording copyright owner, producer, under the blanket license to verify the accu- music provider shall be in default under a international standard recording code, and racy of royalty payments by the digital blanket license if the digital music pro- other information commonly used in the in- music provider to the mechanical licensing vider— dustry to identify sound recordings and collective as follows: ‘‘(I) fails to provide 1 or more monthly re- match them to the musical works the sound ‘‘(I) The mechanical licensing collective ports of usage to the mechanical licensing recordings embody; may commence an audit of a digital music collective when due; ‘‘(bb) to the extent acquired by the digital provider not more frequently than once in ‘‘(II) fails to make a monthly royalty or music provider in the metadata provided by any 3-calendar-year period to cover a late fee payment to the mechanical licensing sound recording copyright owners or other verification period of not more than the 3 collective when due, in all or material part; licensors of sound recordings in connection full calendar years preceding the date of ‘‘(III) provides 1 or more monthly reports with the use of sound recordings of musical commencement of the audit, and such audit of usage to the mechanical licensing collec- works to engage in covered activities, in- may not audit records for any such 3-year tive that, on the whole, is or are materially cluding pursuant to subparagraph (B), pro- verification period more than once. deficient as a result of inaccurate, missing, vide information concerning authorship and ‘‘(II) The audit shall be conducted by a or unreadable data, where the correct data ownership of the applicable rights in the mu- qualified auditor, who shall perform the was available to the digital music provider sical work embodied in the sound recording audit during the ordinary course of business and required to be reported under this sec- (including each songwriter, publisher name, by examining the books, records, and data of tion and applicable regulations; and respective ownership share) and the the digital music provider, according to gen- ‘‘(IV) fails to pay the administrative as- international standard musical work code; erally accepted auditing standards and sub- sessment as required under this subsection and ject to applicable confidentiality require- and applicable regulations; or ‘‘(cc) provide the number of digital phono- ments prescribed by the Register of Copy- ‘‘(V) after being provided written notice by record deliveries of the sound recording, in- rights under paragraph (12)(C). the mechanical licensing collective, refuses cluding limited downloads and interactive ‘‘(III) The digital music provider shall to comply with any other material term or streams; make such books, records, and data available condition of the blanket license under this ‘‘(II) identify and provide contact informa- to the qualified auditor and respond to rea- section for a period of not less than 60 cal- tion for all musical work copyright owners sonable requests for relevant information, endar days. for works embodied in sound recordings as to and shall use commercially reasonable ef- ‘‘(ii) NOTICE OF DEFAULT AND TERMI- which a voluntary license, rather than the forts to provide access to relevant informa- NATION.—In case of a default by a digital blanket license, is in effect with respect to tion maintained with respect to a digital music provider, the mechanical licensing the uses being reported; and music provider by third parties. collective may proceed to terminate the ‘‘(III) provide such other information as ‘‘(IV) To commence the audit, the mechan- blanket license of the digital music provider the Register of Copyrights shall require by ical licensing collective shall file with the as follows: regulation. Copyright Office a notice of intent to con- ‘‘(I) The mechanical licensing collective ‘‘(iii) FORMAT AND MAINTENANCE OF RE- duct an audit of the digital music provider, shall provide written notice to the digital PORTS.—Reports of usage provided by digital identifying the period of time to be audited, music provider describing with reasonable music providers to the mechanical licensing and shall simultaneously deliver a copy of particularity the default and advising that collective shall be in a machine-readable for- such notice to the digital music provider. unless such default is cured not later than 60 mat that is compatible with the information The Register of Copyrights shall cause the calendar days after the date of the notice, technology systems of the mechanical li- notice of audit to be published in the Federal the blanket license will automatically ter- censing collective and meets the require- Register not later than 45 calendar days minate at the end of that period. ments of regulations adopted by the Register after the date on which notice is received. ‘‘(II) If the digital music provider fails to of Copyrights. The Register shall also adopt ‘‘(V) The qualified auditor shall determine remedy the default before the end of the 60- regulations setting forth requirements under the accuracy of royalty payments, including day period described in subclause (I), the li- which records of use shall be maintained and whether an underpayment or overpayment of cense shall terminate without any further made available to the mechanical licensing royalties was made by the digital music pro- action on the part of the mechanical licens- collective by digital music providers engaged vider to the mechanical licensing collective, ing collective. Such termination renders the in covered activities under a blanket license. except that, before providing a final audit re- making of all digital phonorecord deliveries ‘‘(iv) ADOPTION OF REGULATIONS.—The Reg- port to the mechanical licensing collective, of all musical works (and shares thereof) ister of Copyrights shall adopt regulations— the qualified auditor shall provide a ten- covered by the blanket license for which the ‘‘(I) setting forth requirements under tative draft of the report to the digital music royalty or administrative assessment has which records of use shall be maintained and provider and allow the digital music provider not been paid actionable as acts of infringe- made available to the mechanical licensing a reasonable opportunity to respond to the ment under section 501 and subject to the collective by digital music providers engaged findings, including by clarifying issues and remedies provided by sections 502 through in covered activities under a blanket license; correcting factual errors. 506. and ‘‘(VI) The mechanical licensing collective ‘‘(iii) NOTICE TO COPYRIGHT OWNERS.—The ‘‘(II) regarding adjustments to reports of shall pay the cost of the audit, unless the mechanical licensing collective shall provide usage by digital music providers, including qualified auditor determines that there was written notice of any termination under this

VerDate Sep 11 2014 02:46 Sep 19, 2018 Jkt 079060 PO 00000 Frm 00047 Fmt 4637 Sfmt 0634 E:\CR\FM\A18SE6.053 S18SEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S6244 CONGRESSIONAL RECORD — SENATE September 18, 2018 subparagraph to copyright owners of affected ‘‘(III) Initiate and participate in pro- nonblanket licensee, such entity shall again works. ceedings before the Copyright Royalty be required to comply with clauses (i) and ‘‘(iv) REVIEW BY FEDERAL DISTRICT COURT.— Judges to establish the administrative as- (ii). A digital music provider that believes a sessment under this subsection. ‘‘(B) REPORTING BY MECHANICAL LICENSING blanket license was improperly terminated ‘‘(IV) Initiate and participate in pro- COLLECTIVE TO DIGITAL LICENSEE COORDI- by the mechanical licensing collective may ceedings before the Copyright Office with re- NATOR.— seek review of such termination in an appro- spect to activities under this subsection. ‘‘(i) MONTHLY REPORTS OF NONCOMPLIANT LI- priate district court of the United States. ‘‘(V) Gather and provide documentation for CENSEES.—The mechanical licensing collec- The district court shall determine the mat- use in proceedings before the Copyright Roy- tive shall provide monthly reports to the ter de novo based on the record before the alty Judges to set rates and terms under this digital licensee coordinator setting forth any mechanical licensing collective and any ad- section. significant nonblanket licensees of which the ditional supporting evidence presented by ‘‘(VI) Maintain records of its activities. collective is aware that have failed to com- the parties. ‘‘(VII) Assist in publicizing the existence of ply with subparagraph (A). ‘‘(5) DIGITAL LICENSEE COORDINATOR.— the mechanical licensing collective and the ‘‘(ii) TREATMENT OF CONFIDENTIAL INFORMA- ‘‘(A) IN GENERAL.—The digital licensee co- ability of copyright owners to claim royal- TION.—The mechanical licensing collective ordinator shall be a single entity that— ties for unmatched musical works (and and digital licensee coordinator shall take ‘‘(i) is a nonprofit, not owned by any other shares of works) through the collective. appropriate steps to safeguard the confiden- entity, that is created to carry out respon- ‘‘(VIII) Engage in such other activities as tiality and security of financial and other may be necessary or appropriate to fulfill its sibilities under this subsection; sensitive data shared under this subpara- responsibilities under this subsection. ‘‘(ii) is endorsed by and enjoys substantial graph, in accordance with the confidentiality ‘‘(ii) RESTRICTION ON LOBBYING.—The dig- support from digital music providers and sig- requirements prescribed by the Register of ital licensee coordinator may not engage in nificant nonblanket licensees that together Copyrights under paragraph (12)(C). government lobbying activities, but may en- represent the greatest percentage of the li- ‘‘(C) LEGAL ENFORCEMENT EFFORTS.— gage in the activities described in subclauses censee market for uses of musical works in ‘‘(i) FEDERAL COURT ACTION.—Should the (III), (IV), and (V) of clause (i). covered activities, as measured over the pre- mechanical licensing collective or digital li- ‘‘(iii) ASSISTANCE WITH PUBLICITY FOR UN- ceding 3 calendar years; censee coordinator become aware that a sig- CLAIMED ROYALTIES.—The digital licensee co- ‘‘(iii) is able to demonstrate that it has, or ordinator shall make reasonable, good-faith nificant nonblanket licensee has failed to will have prior to the license availability efforts to assist the mechanical licensing comply with subparagraph (A), either may date, the administrative capabilities to per- collective in the efforts of the collective to commence an action in an appropriate dis- form the required functions of the digital li- locate and identify copyright owners of un- trict court of the United States for damages censee coordinator under this subsection; matched musical works (and shares of such and injunctive relief. If the significant non- and works) by encouraging digital music pro- blanket licensee is found liable, the court ‘‘(iv) has been designated by the Register viders to publicize the existence of the col- shall, absent a finding of excusable neglect, of Copyrights, with the approval of the Li- lective and the ability of copyright owners award damages in an amount equal to three brarian of Congress pursuant to section 702, to claim unclaimed accrued royalties, in- times the total amount of the unpaid admin- in accordance with subparagraph (B). cluding by— istrative assessment and, notwithstanding ‘‘(B) DESIGNATION OF DIGITAL LICENSEE CO- ‘‘(I) posting contact information for the anything to the contrary in section 505, rea- ORDINATOR.— collective at reasonably prominent locations sonable attorney’s fees and costs, as well as ‘‘(i) INITIAL DESIGNATION.—The Register of on digital music provider websites and appli- such other relief as the court determines ap- Copyrights shall initially designate the dig- cations; and propriate. In all other cases, the court shall ital licensee coordinator not later than 270 ‘‘(II) conducting in-person outreach activi- award relief as appropriate. Any recovery of days after the enactment date, in accordance ties with songwriters. damages shall be payable to the mechanical with the same procedure described for des- ‘‘(6) REQUIREMENTS FOR SIGNIFICANT NON- licensing collective as an offset to the collec- ignation of the mechanical licensing collec- BLANKET LICENSEES.— tive total costs. tive in paragraph (3)(B)(i). ‘‘(A) IN GENERAL.— ‘‘(ii) STATUTE OF LIMITATIONS FOR ENFORCE- ‘‘(ii) PERIODIC REVIEW OF DESIGNATION.— ‘‘(i) NOTICE OF ACTIVITY.—Not later than 45 MENT ACTION.—Any action described in this Following the initial designation of the dig- calendar days after the license availability subparagraph shall be commenced within the ital licensee coordinator, the Register of date, or 45 calendar days after the end of the time period described in section 507(b). Copyrights shall, every 5 years, beginning first full calendar month in which an entity ‘‘(iii) OTHER RIGHTS AND REMEDIES PRE- with the fifth full calendar year to com- initially qualifies as a significant non- SERVED.—The ability of the mechanical li- mence after the initial designation, deter- blanket licensee, whichever occurs later, a censing collective or digital licensee coordi- mine whether the existing designation significant nonblanket licensee shall submit nator to bring an action under this subpara- should be continued, or a different entity a notice of nonblanket activity to the me- graph shall in no way alter, limit or negate meeting the criteria described in clauses (i) chanical licensing collective. The notice of any other right or remedy that may be avail- through (iii) of subparagraph (A) should be nonblanket activity shall comply in form able to any party at law or in equity. designated, in accordance with the same pro- and substance with requirements that the ‘‘(7) FUNDING OF MECHANICAL LICENSING COL- cedure described for the mechanical licens- Register of Copyrights shall establish by reg- LECTIVE.— ing collective in paragraph (3)(B)(ii). ulation, and a copy shall be made available ‘‘(A) IN GENERAL.—The collective total ‘‘(iii) INABILITY TO DESIGNATE.—If the Reg- to the digital licensee coordinator. costs shall be funded by— ister of Copyrights is unable to identify an ‘‘(ii) REPORTING AND PAYMENT OBLIGA- ‘‘(i) an administrative assessment, as such entity that fulfills each of the qualifications TIONS.—The notice of nonblanket activity assessment is established by the Copyright described in clauses (i) through (iii) of sub- submitted to the mechanical licensing col- Royalty Judges pursuant to subparagraph paragraph (A) to serve as the digital licensee lective shall be accompanied by a report of (D) from time to time, to be paid by— coordinator, the Register may decline to des- usage that contains the information de- ‘‘(I) digital music providers that are en- ignate a digital licensee coordinator. The described in paragraph (4)(A)(ii), as well as any gaged, in all or in part, in covered activities termination of the Register not to designate payment of the administrative assessment pursuant to a blanket license; and a digital licensee coordinator shall not ne- required under this subsection and applica- ‘‘(II) significant nonblanket licensees; and gate or otherwise affect any provision of this ble regulations. Thereafter, subject to clause ‘‘(ii) voluntary contributions from digital subsection except to the limited extent that (iii), a significant nonblanket licensee shall music providers and significant nonblanket a provision references the digital licensee co- continue to provide monthly reports of licensees as may be agreed with copyright ordinator. In such case, the reference to the usage, accompanied by any required pay- owners. digital licensee coordinator shall be without ment of the administrative assessment, to ‘‘(B) VOLUNTARY CONTRIBUTIONS.— effect unless and until a new digital licensee the mechanical licensing collective. Such re- ‘‘(i) AGREEMENTS CONCERNING CONTRIBU- coordinator is designated. ports and payments shall be submitted not TIONS.—Except as provided in clause (ii), vol- ‘‘(C) AUTHORITIES AND FUNCTIONS.— later than 45 calendar days after the end of untary contributions by digital music pro- ‘‘(i) IN GENERAL.—The digital licensee coor- the calendar month being reported. viders and significant nonblanket licensees dinator is authorized to perform the fol- ‘‘(iii) DISCONTINUATION OF OBLIGATIONS.— shall be determined by private negotiation lowing functions, subject to more particular An entity that has submitted a notice of and agreement, and the following conditions requirements as described in this subsection: nonblanket activity to the mechanical li- apply: ‘‘(I) Establish a governance structure, cri- censing collective that has ceased to qualify ‘‘(I) The date and amount of each vol- teria for membership, and any dues to be as a significant nonblanket licensee may so untary contribution to the mechanical li- paid by its members. notify the collective in writing. In such case, censing collective shall be documented in a ‘‘(II) Engage in efforts to enforce notice as of the calendar month in which such no- writing signed by an authorized agent of the and payment obligations with respect to the tice is provided, such entity shall no longer mechanical licensing collective and the con- administrative assessment, including by re- be required to provide reports of usage or tributing party. ceiving information from and coordinating pay the administrative assessment, but if ‘‘(II) Such agreement shall be made avail- with the mechanical licensing collective. such entity later qualifies as a significant able as required in proceedings before the

VerDate Sep 11 2014 02:46 Sep 19, 2018 Jkt 079060 PO 00000 Frm 00048 Fmt 4637 Sfmt 0634 E:\CR\FM\A18SE6.053 S18SEPT1 SSpencer on DSKBBXCHB2PROD with SENATE September 18, 2018 CONGRESSIONAL RECORD — SENATE S6245 Copyright Royalty Judges to establish or ad- ‘‘(cc) the amount of any voluntary con- mination based on evaluation of relevant just the administrative assessment in ac- tributions by digital music providers or sig- data, the Copyright Royalty Judges shall ap- cordance with applicable statutory and regu- nificant nonblanket licensees in relevant pe- prove and adopt a negotiated agreement to latory provisions and rulings of the Copy- riods, described in subparagraphs (A) and (B) establish the amount and terms of the ad- right Royalty Judges. of paragraph (7). ministrative assessment that has been ‘‘(ii) TREATMENT OF CONTRIBUTIONS.—Each ‘‘(iii) INITIAL ADMINISTRATIVE ASSESS- agreed to by the mechanical licensing collec- voluntary contribution described in clause MENT.—The procedure for establishing the tive and the digital licensee coordinator (or (i) shall be treated for purposes of an admin- initial administrative assessment shall be as if none has been designated, interested dig- istrative assessment proceeding as an offset follows: ital music providers and significant non- to the collective total costs that would oth- ‘‘(I) Not later than 270 days after the enact- blanket licensees representing more than erwise be recovered through the administra- ment date, the Copyright Royalty Judges half of the market for uses of musical works tive assessment. Any allocation or realloca- shall commence a proceeding to establish in covered activities), except that the Copy- tion of voluntary contributions between or the initial administrative assessment by right Royalty Judges shall have the discre- among individual digital music providers or publishing a notice in the Federal Register tion to reject any such agreement for good significant nonblanket licensees shall be a seeking petitions to participate. cause shown. An administrative assessment matter of private negotiation and agreement ‘‘(II) The mechanical licensing collective adopted under this clause shall apply to all among such parties and outside the scope of and digital licensee coordinator shall par- digital music providers and significant non- the administrative assessment proceeding. ticipate in the proceeding described in sub- blanket licensees engaged in covered activi- clause (I), along with any interested copy- ties during the period the administrative as- ‘‘(C) INTERIM APPLICATION OF ACCRUED ROY- right owners, digital music providers or sig- sessment is in effect. ALTIES.—In the event that the administra- nificant nonblanket licensees that have noti- ‘‘(vi) CONTINUING AUTHORITY TO AMEND.— tive assessment, together with any funding fied the Copyright Royalty Judges of their The Copyright Royalty Judges shall retain from voluntary contributions as provided in desire to participate. continuing authority to amend a determina- subparagraphs (A) and (B), is inadequate to ‘‘(III) The Copyright Royalty Judges shall tion of an administrative assessment to cor- cover current collective total costs, the col- establish a schedule for submission by the rect technical or clerical errors, or modify lective, with approval of its board of direc- parties of information that may be relevant the terms of implementation, for good cause, tors, may apply unclaimed accrued royalties to establishing the administrative assess- with any such amendment to be published in on an interim basis to defray such costs, sub- ment, including actual and anticipated col- the Federal Register. ject to future reimbursement of such royal- lective total costs of the mechanical licens- ‘‘(vii) APPEAL OF ADMINISTRATIVE ASSESS- ties from future collections of the assess- ing collective, actual and anticipated collec- MENT.—The determination of an administra- ment. tions from digital music providers and sig- tive assessment by the Copyright Royalty ‘‘(D) DETERMINATION OF ADMINISTRATIVE AS- nificant nonblanket licensees, and docu- Judges shall be appealable, not later than 30 SESSMENT.— mentation of voluntary contributions, as calendar days after publication in the Fed- ‘‘(i) ADMINISTRATIVE ASSESSMENT TO COVER well as a schedule for further proceedings, eral Register, to the Court of Appeals for the COLLECTIVE TOTAL COSTS.—The administra- which shall include a hearing, as the Copy- District of Columbia Circuit by any party tive assessment shall be used solely and ex- right Royalty Judges determine appropriate. that fully participated in the proceeding. clusively to fund the collective total costs. ‘‘(IV) The initial administrative assess- The administrative assessment as estab- ‘‘(ii) SEPARATE PROCEEDING BEFORE COPY- ment shall be determined, and such deter- lished by the Copyright Royalty Judges shall RIGHT ROYALTY JUDGES.—The amount and mination shall be published in the Federal remain in effect pending the final outcome of terms of the administrative assessment shall Register by the Copyright Royalty Judges, any such appeal, and the mechanical licens- be determined and established in a separate not later than 1 year after commencement of ing collective, digital licensee coordinator, and independent proceeding before the Copy- the proceeding described in this clause. The digital music providers, and significant non- right Royalty Judges, according to the pro- determination shall be supported by a writ- blanket licensees shall implement appro- cedures described in clauses (iii) and (iv). ten record. The initial administrative assess- priate financial or other measures not later The administrative assessment determined ment shall be effective as of the license than 90 days after any modification of the in such proceeding shall— availability date, and shall continue in effect assessment to reflect and account for such ‘‘(I) be wholly independent of royalty rates unless and until an adjusted administrative outcome. and terms applicable to digital music pro- assessment is established pursuant to an ad- ‘‘(viii) REGULATIONS.—The Copyright Roy- viders, which shall not be taken into consid- justment proceeding under clause (iv). alty Judges may adopt regulations to govern eration in any manner in establishing the ‘‘(iv) ADJUSTMENT OF ADMINISTRATIVE AS- the conduct of proceedings under this para- administrative assessment; SESSMENT.—The administrative assessment graph. ‘‘(II) be established by the Copyright Roy- may be adjusted by the Copyright Royalty ‘‘(8) ESTABLISHMENT OF RATES AND TERMS alty Judges in an amount that is calculated Judges periodically, in accordance with the UNDER BLANKET LICENSE.— to defray the reasonable collective total following procedures: ‘‘(A) RESTRICTIONS ON RATESETTING PAR- costs; ‘‘(I) Not earlier than 1 year after the most TICIPATION.—Neither the mechanical licens- ‘‘(III) be assessed based on usage of musical recent publication of a determination of the ing collective nor the digital licensee coordi- works by digital music providers and signifi- administrative assessment by the Copyright nator shall be a party to a proceeding de- cant nonblanket licensees in covered activi- Royalty Judges, the mechanical licensing scribed in subsection (c)(1)(E), except that ties under both compulsory and nonblanket collective, the digital licensee coordinator, the mechanical licensing collective or the licenses; or one or more interested copyright owners, digital licensee coordinator may gather and ‘‘(IV) may be in the form of a percentage of digital music providers, or significant non- provide financial and other information for royalties payable under this section for blanket licensees, may file a petition with the use of a party to such a proceeding and usage of musical works in covered activities the Copyright Royalty Judges in the month comply with requests for information as re- (regardless of whether a different rate ap- of May to commence a proceeding to adjust quired under applicable statutory and regu- plies under a voluntary license), or any other the administrative assessment. latory provisions and rulings of the Copy- usage-based metric reasonably calculated to ‘‘(II) Notice of the commencement of such right Royalty Judges. equitably allocate the collective total costs proceeding shall be published in the Federal ‘‘(B) APPLICATION OF LATE FEES.—In any across digital music providers and signifi- Register in the month of June following the proceeding described in subparagraph (A) in cant nonblanket licensees engaged in cov- filing of any petition, with a schedule of re- which the Copyright Royalty Judges estab- ered activities, and shall include as a compo- quested information and additional pro- lish a late fee for late payment of royalties nent a minimum fee for all digital music ceedings, as described in clause (iii)(III). The for uses of musical works under this section, providers and significant nonblanket licens- mechanical licensing collective and digital such fee shall apply to covered activities ees; and licensee coordinator shall participate in such under blanket licenses, as follows: ‘‘(V) take into consideration anticipated proceeding, along with any interested copy- ‘‘(i) Late fees for past due royalty pay- future collective total costs and collections right owners, digital music providers, or sig- ments shall accrue from the due date for of the administrative assessment, including, nificant nonblanket licensees that have noti- payment until payment is received by the as applicable— fied the Copyright Royalty Judges of their mechanical licensing collective. ‘‘(aa) any portion of past actual collective desire to participate. ‘‘(ii) The availability of late fees shall in total costs of the mechanical licensing col- ‘‘(III) The determination of the adjusted no way prevent a copyright owner or the me- lective not funded by previous collections of administrative assessment, which shall be chanical licensing collective from asserting the administrative assessment or voluntary supported by a written record, shall be pub- any other rights or remedies to which such contributions because such collections or lished in the Federal Register during June of copyright owner or the mechanical licensing contributions together were insufficient to the calendar year following the commence- collective may be entitled under this title. fund such costs; ment of the proceeding. The adjusted admin- ‘‘(C) INTERIM RATE AGREEMENTS IN GEN- ‘‘(bb) any past collections of the adminis- istrative assessment shall take effect Janu- ERAL.—For any covered activity for which no trative assessment and voluntary contribu- ary 1 of the year following such publication. rate or terms have been established by the tions that exceeded past actual collective ‘‘(v) ADOPTION OF VOLUNTARY AGREE- Copyright Royalty Judges, the mechanical total costs, resulting in a surplus; and MENTS.—In lieu of reaching their own deter- licensing collective and any digital music

VerDate Sep 11 2014 02:46 Sep 19, 2018 Jkt 079060 PO 00000 Frm 00049 Fmt 4637 Sfmt 0634 E:\CR\FM\A18SE6.053 S18SEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S6246 CONGRESSIONAL RECORD — SENATE September 18, 2018 provider may agree to an interim rate and covered activities, except that, before the li- ance with this section and applicable regula- terms for such activity under the blanket license availability date, there shall be no li- tions. cense, and any such rate and terms— ability under section 501 for the reproduction ‘‘(iv) If the copyright owner is not identi- ‘‘(i) shall be treated as nonprecedential and or distribution of a musical work (or share fied or located by the end of the calendar not cited or relied upon in any ratesetting thereof) in covered activities if a valid notice month in which the digital music provider proceeding before the Copyright Royalty of intention was filed for such work (or first makes use of the work, the digital Judges or any other tribunal; and share) before the enactment date. music provider shall accrue and hold royal- ‘‘(ii) shall automatically expire upon the ‘‘(10) PRIOR UNLICENSED USES.— ties calculated under the applicable statu- establishment of a rate and terms for such ‘‘(A) LIMITATION ON LIABILITY IN GENERAL.— tory rate in accordance with usage of the covered activity by the Copyright Royalty A copyright owner that commences an ac- work, from initial use of the work until the Judges, under subsection (c)(1)(E). tion under section 501 on or after January 1, accrued royalties can be paid to the copy- ‘‘(D) ADJUSTMENTS FOR INTERIM RATES.— 2018, against a digital music provider for the right owner or are required to be transferred The rate and terms established by the Copy- infringement of the exclusive rights provided to the mechanical licensing collective, as right Royalty Judges for a covered activity by paragraph (1) or (3) of section 106 arising follows: to which an interim rate and terms have from the unauthorized reproduction or dis- ‘‘(I) Accrued royalties shall be maintained been agreed under subparagraph (C) shall su- tribution of a musical work by such digital by the digital music provider in accordance persede the interim rate and terms and apply music provider in the course of engaging in with generally accepted accounting prin- retroactively to the inception of the activity covered activities prior to the license avail- ciples. under the blanket license. In such case, not ability date, shall, as the copyright owner’s ‘‘(II) If a copyright owner of an unmatched later than 90 days after the effective date of sole and exclusive remedy against the digital musical work (or share thereof) is identified the rate and terms established by the Copy- music provider, be eligible to recover the and located by or to the digital music pro- right Royalty Judges— royalty prescribed under subsection (c)(1)(C) vider before the license availability date, the ‘‘(i) if the rate established by the Copy- and chapter 8, from the digital music pro- digital music provider shall— right Royalty Judges exceeds the interim vider, provided that such digital music pro- ‘‘(aa) not later than 45 calendar days after rate, the digital music provider shall pay to vider can demonstrate compliance with the the end of the calendar month during which the mechanical licensing collective the requirements of subparagraph (B), as appli- the copyright owner was identified and lo- amount of any underpayment of royalties cable. In all other cases the limitation on li- cated, pay the copyright owner all accrued due; or ability under this subparagraph shall not royalties, such payment to be accompanied ‘‘(ii) if the interim rate exceeds the rate es- apply. by a cumulative statement of account that tablished by the Copyright Royalty Judges, ‘‘(B) REQUIREMENTS FOR LIMITATION ON LI- includes all of the information that would the mechanical licensing collective shall ABILITY.—The following requirements shall have been provided to the copyright owner credit the account of the digital music pro- apply on the enactment date and through had the digital music provider been provider for the amount of any overpayment of the end of the period that expires 90 days viding monthly statements of account to the royalties due. after the license availability date to digital copyright owner from initial use of the work ‘‘(9) TRANSITION TO BLANKET LICENSES.— music providers seeking to avail themselves in accordance with this section and applica- ‘‘(A) SUBSTITUTION OF BLANKET LICENSE.— of the limitation on liability described in ble regulations, including the requisite cer- On the license availability date, a blanket li- subparagraph (A): tification under subsection (c)(2)(I); cense shall, without any interruption in li- ‘‘(i) Not later than 30 calendar days after ‘‘(bb) beginning with the accounting period cense authority enjoyed by such digital first making a particular sound recording of following the calendar month in which the music provider, be automatically substituted a musical work available through its service copyright owner was identified and located, for and supersede any existing compulsory li- via one or more covered activities, or 30 cal- and for all other accounting periods prior to cense previously obtained under this section endar days after the enactment date, which- the license availability date, provide month- by the digital music provider from a copy- ever occurs later, a digital music provider ly statements of account and pay royalties right owner to engage in 1 or more covered shall engage in good-faith, commercially to the copyright owner as required under activities with respect to a musical work, ex- reasonable efforts to identify and locate each this section and applicable regulations; and cept that such substitution shall not apply copyright owner of such musical work (or ‘‘(cc) beginning with the monthly royalty to any authority obtained from a record share thereof). Such required matching ef- reporting period commencing on the license company pursuant to a compulsory license forts shall include the following: availability date, report usage and pay roy- to make and distribute permanent downloads ‘‘(I) Good-faith, commercially reasonable alties for such musical work (or share there- unless and until such record company termi- efforts to obtain from the owner of the cor- of) for such reporting period and reporting nates such authority in writing to take ef- responding sound recording made available periods thereafter to the mechanical licens- fect at the end of a monthly reporting pe- through the digital music provider’s service ing collective, as required under this sub- riod, with a copy to the mechanical licensing the following information: section and applicable regulations. collective. ‘‘(aa) Sound recording name, featured art- ‘‘(III) If a copyright owner of an un- ‘‘(B) EXPIRATION OF EXISTING LICENSES.— ist, sound recording copyright owner, pro- matched musical work (or share thereof) is Except to the extent provided in subpara- ducer, international standard recording code, not identified and located by the license graph (A), on and after the license avail- and other information commonly used in the availability date, the digital music provider ability date, licenses other than individual industry to identify sound recordings and shall— download licenses obtained under this sec- match them to the musical works they em- ‘‘(aa) not later than 45 calendar days after tion for covered activities prior to the li- body. the license availability date, transfer all ac- cense availability date shall no longer con- ‘‘(bb) Any available musical work owner- crued royalties to the mechanical licensing tinue in effect. ship information, including each songwriter collective, such payment to be accompanied ‘‘(C) TREATMENT OF VOLUNTARY LICENSES.— and publisher name, percentage ownership by a cumulative statement of account that A voluntary license for a covered activity in share, and international standard musical includes all of the information that would effect on the license availability date will re- work code. have been provided to the copyright owner main in effect unless and until the voluntary ‘‘(II) Employment of 1 or more bulk elec- had the digital music provider been serving license expires according to the terms of the tronic matching processes that are available monthly statements of account on the copy- voluntary license, or the parties agree to to the digital music provider through a right owner from initial use of the work in amend or terminate the voluntary license. In third-party vendor on commercially reason- accordance with this section and applicable a case where a voluntary license for a cov- able terms, except that a digital music pro- regulations, including the requisite certifi- ered activity entered into before the license vider may rely on its own bulk electronic cation under subsection (c)(2)(I), and accom- availability date incorporates the terms of matching process if that process has capa- panied by an additional certification by a this section by reference, the terms so incor- bilities comparable to or better than those duly authorized officer of the digital music porated (but not the rates) shall be those in available from a third-party vendor on com- provider that the digital music provider has effect immediately prior to the license avail- mercially reasonable terms. fulfilled the requirements of clauses (i) and ability date, and those terms shall continue ‘‘(ii) The required matching efforts shall be (ii) of subparagraph (B) but has not been suc- to apply unless and until such voluntary li- repeated by the digital music provider not cessful in locating or identifying the copy- cense is terminated or amended, or the par- less than once per month for so long as the right owner; and ties enter into a new voluntary license. copyright owner remains unidentified or has ‘‘(bb) beginning with the monthly royalty ‘‘(D) FURTHER ACCEPTANCE OF NOTICES FOR not been located. reporting period commencing on the license COVERED ACTIVITIES BY COPYRIGHT OFFICE.— ‘‘(iii) If the required matching efforts are availability date, report usage and pay roy- On and after the enactment date— successful in identifying and locating a copy- alties for such musical work (or share there- ‘‘(i) the Copyright Office shall no longer right owner of a musical work (or share of) for such period and reporting periods accept notices of intention with respect to thereof) by the end of the calendar month in thereafter to the mechanical licensing col- covered activities; and which the digital music provider first makes lective, as required under this subsection and ‘‘(ii) notices of intention filed before the use of the work, the digital music provider applicable regulations. enactment date will no longer be effective or shall provide statements of account and pay ‘‘(v) A digital music provider that complies provide license authority with respect to royalties to such copyright owner in accord- with the requirements of this subparagraph

VerDate Sep 11 2014 02:46 Sep 19, 2018 Jkt 079060 PO 00000 Frm 00050 Fmt 4637 Sfmt 0634 E:\CR\FM\A18SE6.053 S18SEPT1 SSpencer on DSKBBXCHB2PROD with SENATE September 18, 2018 CONGRESSIONAL RECORD — SENATE S6247 with respect to unmatched musical works (or administration of policies and procedures royalties, as described in subsection shares of works) shall not be liable for or ac- adopted and implemented to carry out the (d)(3)(H)(ii). crue late fees for late payments of royalties responsibilities described in subparagraphs ‘‘(2) ACCRUED ROYALTIES.—The term ‘ac- for such works until such time as the digital (J) and (K) of paragraph (3), except to the ex- crued royalties’ means royalties accrued for music provider is required to begin paying tent of correcting an underpayment or over- the reproduction or distribution of a musical monthly royalties to the copyright owner or payment of royalties as provided in para- work (or share thereof) in a covered activity, the mechanical licensing collective, as appli- graph (3)(L)(i)(VI), but the collective may calculated in accordance with the applicable cable. participate in a legal proceeding as a stake- royalty rate under this section. ‘‘(C) ADJUSTED STATUTE OF LIMITATIONS.— holder party if the collective is holding funds ‘‘(3) ADMINISTRATIVE ASSESSMENT.—The Notwithstanding anything to the contrary in that are the subject of a dispute between term ‘administrative assessment’ means the section 507(b), with respect to any claim of copyright owners. For purposes of this sub- fee established pursuant to subsection infringement of the exclusive rights provided paragraph, the term ‘good-faith administra- (d)(7)(D). by paragraphs (1) and (3) of section 106 tion’ means administration in a manner that against a digital music provider arising from is not grossly negligent. ‘‘(4) AUDIT.—The term ‘audit’ means a roy- the unauthorized reproduction or distribu- ‘‘(E) PREEMPTION OF STATE PROPERTY alty compliance examination to verify the tion of a musical work by such digital music LAWS.—The holding and distribution of funds accuracy of royalty payments, or the con- provider in the course of engaging in covered by the mechanical licensing collective in ac- duct of such an examination, as applicable. activities that accrued not more than 3 years cordance with this subsection shall super- ‘‘(5) BLANKET LICENSE.—The term ‘blanket prior to the license availability date, such sede and preempt any State law (including license’ means a compulsory license de- action may be commenced not later than the common law) concerning escheatment or scribed in subsection (d)(1)(A) to engage in later of— abandoned property, or any analogous provi- covered activities. ‘‘(i) 3 years after the date on which the sion, that might otherwise apply. ‘‘(6) COLLECTIVE TOTAL COSTS.—The term claim accrued; or ‘‘(F) RULE OF CONSTRUCTION.—Except as ex- ‘collective total costs’— ‘‘(ii) 2 years after the license availability pressly provided in this subsection, nothing ‘‘(A) means the total costs of establishing, date. in this subsection shall negate or limit the maintaining, and operating the mechanical ‘‘(D) OTHER RIGHTS AND REMEDIES PRE- ability of any person to pursue an action in licensing collective to fulfill its statutory SERVED.—Except as expressly provided in Federal court against the mechanical licens- functions, including— this paragraph, nothing in this paragraph ing collective or any other person based upon ‘‘(i) startup costs; shall be construed to alter, limit, or negate a claim arising under this title or other ap- ‘‘(ii) financing, legal, audit, and insurance any right or remedy of a copyright owner plicable law. costs; with respect to unauthorized use of a musi- ‘‘(12) REGULATIONS.— ‘‘(iii) investments in information tech- cal work. ‘‘(A) ADOPTION BY REGISTER OF COPYRIGHTS nology, infrastructure, and other long-term ‘‘(11) LEGAL PROTECTIONS FOR LICENSING AC- AND COPYRIGHT ROYALTY JUDGES.—The Reg- resources; TIVITIES.— ister of Copyrights may conduct such pro- ‘‘(iv) outside vendor costs; ‘‘(A) EXEMPTION FOR COMPULSORY LICENSE ceedings and adopt such regulations as may ‘‘(v) costs of licensing, royalty administra- ACTIVITIES.—The antitrust exemption de- be necessary or appropriate to effectuate the tion, and enforcement of rights; scribed in subsection (c)(1)(D) shall apply to provisions of this subsection, except for reg- ‘‘(vi) costs of bad debt; and negotiations and agreements between and ulations concerning proceedings before the ‘‘(vii) costs of automated and manual ef- among copyright owners and persons enti- Copyright Royalty Judges to establish the forts to identify and locate copyright owners tled to obtain a compulsory license for cov- administrative assessment, which shall be ered activities, and common agents acting adopted by the Copyright Royalty Judges. of musical works (and shares of such musical on behalf of such copyright owners or per- ‘‘(B) JUDICIAL REVIEW OF REGULATIONS.— works) and match sound recordings to the sons, including with respect to the adminis- Except as provided in paragraph (7)(D)(vii), musical works the sound recordings embody; trative assessment established under this regulations adopted under this subsection and subsection. shall be subject to judicial review pursuant ‘‘(B) does not include any added costs in- ‘‘(B) LIMITATION ON COMMON AGENT EXEMP- to chapter 7 of title 5. curred by the mechanical licensing collec- TION.—Notwithstanding the antitrust exemp- ‘‘(C) PROTECTION OF CONFIDENTIAL INFORMA- tive to provide services under voluntary li- tion provided in subsection (c)(1)(D) and sub- TION.—The Register of Copyrights shall censes. paragraph (A) of this paragraph (except for adopt regulations to provide for the appro- ‘‘(7) COVERED ACTIVITY.—The term ‘covered the administrative assessment referenced in priate procedures to ensure that confiden- activity’ means the activity of making a dig- such subparagraph (A) and except as pro- tial, private, proprietary, or privileged infor- ital phonorecord delivery of a musical work, vided in paragraph (8)(C)), neither the me- mation contained in the records of the me- including in the form of a permanent chanical licensing collective nor the digital chanical licensing collective and digital li- download, limited download, or interactive licensee coordinator shall serve as a common censee coordinator is not improperly dis- stream, where such activity qualifies for a agent with respect to the establishment of closed or used, including through any disclo- compulsory license under this section. royalty rates or terms under this section. sure or use by the board of directors or per- ‘‘(8) DIGITAL MUSIC PROVIDER.—The term ‘‘(C) ANTITRUST EXEMPTION FOR ADMINIS- sonnel of either entity, and specifically in- ‘digital music provider’ means a person (or TRATIVE ACTIVITIES.—Notwithstanding any cluding the unclaimed royalties oversight persons operating under the authority of provision of the antitrust laws, copyright committee and the dispute resolution com- that person) that, with respect to a service owners and persons entitled to obtain a committee of the mechanical licensing collec- engaged in covered activities— pulsory license under this section may des- tive. ‘‘(A) has a direct contractual, subscription, ignate the mechanical licensing collective to ‘‘(13) SAVINGS CLAUSES.— or other economic relationship with end administer voluntary licenses for the repro- ‘‘(A) LIMITATION ON ACTIVITIES AND RIGHTS users of the service, or, if no such relation- duction or distribution of musical works in COVERED.—This subsection applies solely to ship with end users exists, exercises direct covered activities on behalf of such copy- uses of musical works subject to licensing control over the provision of the service to right owners and persons, subject to the fol- under this section. The blanket license shall end users; lowing conditions: not be construed to extend or apply to ac- ‘‘(B) is able to fully report on any revenues ‘‘(i) Each copyright owner shall establish tivities other than covered activities or to and consideration generated by the service; the royalty rates and material terms of any rights other than the exclusive rights of re- and such voluntary license individually and not production and distribution licensed under ‘‘(C) is able to fully report on usage of in agreement, combination, or concert with this section, or serve or act as the basis to sound recordings of musical works by the any other copyright owner. extend or expand the compulsory license service (or procure such reporting). ‘‘(ii) Each person entitled to obtain a com- under this section to activities and rights ‘‘(9) DIGITAL LICENSEE COORDINATOR.—The pulsory license under this section shall es- not covered by this section on the day before tablish the royalty rates and material terms the enactment date. term ‘digital licensee coordinator’ means the entity most recently designated pursuant to of any such voluntary license individually ‘‘(B) RIGHTS OF PUBLIC PERFORMANCE NOT subsection (d)(5). and not in agreement, combination, or con- AFFECTED.—The rights, protections, and im- cert with any other digital music provider. munities granted under this subsection, the ‘‘(10) DIGITAL PHONORECORD DELIVERY.—The ‘‘(iii) The mechanical licensing collective data concerning musical works collected and term ‘digital phonorecord delivery’ means shall maintain the confidentiality of the vol- made available under this subsection, and each individual delivery of a phonorecord by untary licenses in accordance with the con- the definitions under subsection (e) shall not digital transmission of a sound recording fidentiality provisions prescribed by the extend to, limit, or otherwise affect any that results in a specifically identifiable re- Register of Copyrights under paragraph right of public performance in a musical production by or for any transmission recipi- (12)(C). work.’’; and ent of a phonorecord of that sound recording, ‘‘(D) LIABILITY FOR GOOD-FAITH ACTIVI- (5) by adding at the end the following: regardless of whether the digital trans- TIES.—The mechanical licensing collective ‘‘(e) DEFINITIONS.—As used in this section: mission is also a public performance of the shall not be liable to any person or entity ‘‘(1) ACCRUED INTEREST.—The term ‘accrued sound recording or any musical work em- based on a claim arising from its good-faith interest’ means interest accrued on accrued bodied therein, and includes a permanent

VerDate Sep 11 2014 02:46 Sep 19, 2018 Jkt 079060 PO 00000 Frm 00051 Fmt 4637 Sfmt 0634 E:\CR\FM\A18SE6.053 S18SEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S6248 CONGRESSIONAL RECORD — SENATE September 18, 2018 download, a limited download, or an inter- chanical licensing collective that the li- Columbia, and each territory or possession of active stream. A digital phonorecord deliv- censee has been engaging in covered activi- the United States. ery does not result from a real-time, non- ties. ‘‘(34) UNCLAIMED ACCRUED ROYALTIES.—The interactive subscription transmission of a ‘‘(24) PERMANENT DOWNLOAD.—The term term ‘unclaimed accrued royalties’ means sound recording where no reproduction of ‘permanent download’ means a digital trans- accrued royalties eligible for distribution the sound recording or the musical work em- mission of a sound recording of a musical under subsection (d)(3)(J). bodied therein is made from the inception of work in the form of a download, where such ‘‘(35) UNMATCHED.—The term ‘unmatched’, the transmission through to its receipt by sound recording is accessible for listening as applied to a musical work (or share there- the transmission recipient in order to make without restriction as to the amount of time of), means that the copyright owner of such the sound recording audible. A digital phono- or number of times it may be accessed. work (or share thereof) has not been identi- record delivery does not include the digital ‘‘(25) QUALIFIED AUDITOR.—The term ‘qualified or located. transmission of sounds accompanying a mo- fied auditor’ means an independent, certified ‘‘(36) VOLUNTARY LICENSE.—The term ‘vol- tion picture or other audiovisual work as de- public accountant with experience per- untary license’ means a license for use of a fined in section 101. forming music royalty audits. musical work (or share thereof) other than a ‘‘(11) ENACTMENT DATE.—The term ‘enact- ‘‘(26) RECORD COMPANY.—The term ‘record compulsory license obtained under this sec- ment date’ means the date of the enactment company’ means an entity that invests in, tion.’’. (b) TECHNICAL AND CONFORMING AMEND- of the Musical Works Modernization Act. produces, and markets sound recordings of MENTS TO SECTION 801.—Section 801(b) of title ‘‘(12) INDIVIDUAL DOWNLOAD LICENSE.—The musical works, and distributes such sound term ‘individual download license’ means a 17, United States Code, is amended— recordings for remuneration through mul- compulsory license obtained by a record (1) by redesignating paragraph (8) as para- tiple sales channels, including a corporate company to make and distribute, or author- graph (9); and affiliate of such an entity engaged in dis- ize the making and distribution of, perma- (2) by inserting after paragraph (7) the fol- tribution of sound recordings. nent downloads embodying a specific indi- lowing: ‘‘(27) REPORT OF USAGE.—The term ‘report vidual musical work. ‘‘(8) To determine the administrative as- of usage’ means a report reflecting an enti- ‘‘(13) INTERACTIVE STREAM.—The term sessment to be paid by digital music pro- ty’s usage of musical works in covered ac- ‘interactive stream’ means a digital trans- viders under section 115(d). The provisions of mission of a sound recording of a musical tivities described in subsection (d)(4)(A). section 115(d) shall apply to the conduct of work in the form of a stream, where the per- ‘‘(28) REQUIRED MATCHING EFFORTS.—The proceedings by the Copyright Royalty formance of the sound recording by means of term ‘required matching efforts’ means ef- Judges under section 115(d) and not the pro- such transmission is not exempt under sec- forts to identify and locate copyright owners cedures described in this section, or section tion 114(d)(1) and does not in itself, or as a of musical works as described in subsection 803, 804, or 805.’’. result of a program in which it is included, (d)(10)(B)(i). (c) EFFECTIVE DATE OF AMENDED RATE SET- qualify for statutory licensing under section ‘‘(29) SERVICE.—The term ‘service’, as used TING STANDARD.—The amendments made by 114(d)(2). An interactive stream is a digital in relation to covered activities, means any subsection (a)(3) and section 103(g)(2) shall phonorecord delivery. site, facility, or offering by or through which apply to any proceeding before the Copyright ‘‘(14) INTERESTED.—The term ‘interested’, sound recordings of musical works are Royalty Judges that is commenced on or as applied to a party seeking to participate digitally transmitted to members of the pub- after the date of the enactment of this Act. in a proceeding under subsection (d)(7)(D), is lic. (d) TECHNICAL AND CONFORMING AMEND- a party as to which the Copyright Royalty ‘‘(30) SHARE.—The term ‘share’, as applied MENTS TO TITLE 37, PART 385 OF THE CODE OF Judges have not determined that the party to a musical work, means a fractional owner- FEDERAL REGULATIONS.—Not later than 270 lacks a significant interest in such pro- ship interest in such work. days after the date of enactment of this Act, ceeding. ‘‘(31) SIGNIFICANT NONBLANKET LICENSEE.— the Copyright Royalty Judges shall amend the regulations for section 115 of title 17, ‘‘(15) LICENSE AVAILABILITY DATE.—The The term ‘significant nonblanket licensee’— term ‘license availability date’ means Janu- ‘‘(A) means an entity, including a group of United States Code, in part 385 of title 37, ary 1 following the expiration of the 2-year entities under common ownership or control Code of Federal Regulations, to conform the definitions used in such part to the defini- period beginning on the enactment date. that, acting under the authority of one or tions of the same terms described in section ‘‘(16) LIMITED DOWNLOAD.—The term ‘lim- more voluntary licenses or individual 115(e) of title 17, United States Code, as ited download’ means a digital transmission download licenses, offers a service engaged added by subsection (a). In so doing, the of a sound recording of a musical work in the in covered activities, and such entity or Copyright Royalty Judges shall make ad- form of a download, where such sound re- group of entities— justments to the language of the regulations cording is accessible for listening only for a ‘‘(i) is not currently operating under a as necessary to achieve the same purpose limited amount of time or specified number blanket license and is not obligated to pro- and effect as the original regulations with of times. vide reports of usage reflecting covered ac- respect to the rates and terms previously tivities under subsection (d)(4)(A); ‘‘(17) MATCHED.—The term ‘matched’, as adopted by the Copyright Royalty Judges. ‘‘(ii) has a direct contractual, subscription, applied to a musical work (or share thereof), (e) COPYRIGHT OFFICE ACTIVITIES.—The means that the copyright owner of such or other economic relationship with end Register of Copyrights shall engage in public work (or share thereof) has been identified users of the service or, if no such relation- outreach and educational activities— and located. ship with end users exists, exercises direct (1) regarding the amendments made by ‘‘(18) MECHANICAL LICENSING COLLECTIVE.— control over the provision of the service to subsection (a) to section 115 of title 17, The term ‘mechanical licensing collective’ end users; and United States Code, including the respon- means the entity most recently designated ‘‘(iii) either— sibilities of the mechanical licensing collec- as such by the Register of Copyrights under ‘‘(I) on any day in a calendar month, tive designated under those amendments; subsection (d)(3). makes more than 5,000 different sound re- (2) which shall include educating song- ‘‘(19) MECHANICAL LICENSING COLLECTIVE cordings of musical works available through writers and other interested parties with re- BUDGET.—The term ‘mechanical licensing such service; or spect to the process established under sec- collective budget’ means a statement of the ‘‘(II) derives revenue or other consider- tion 115(d)(3)(C)(i)(V) of title 17, United financial position of the mechanical licens- ation in connection with such covered activi- States Code, as added by subsection (a), by ing collective for a fiscal year or quarter ties greater than $50,000 in a calendar month, which— thereof based on estimates of expenditures or total revenue or other consideration (A) a copyright owner may claim owner- during the period and proposals for financing greater than $500,000 during the preceding 12 ship of musical works (and shares of such those expenditures, including a calculation calendar months; and works); and of the collective total costs. ‘‘(B) does not include— (B) royalties for works for which the owner ‘‘(20) MUSICAL WORKS DATABASE.—The term ‘‘(i) an entity whose covered activity con- is not identified or located shall be equitably ‘musical works database’ means the database sists solely of free-to-the-user streams of distributed to known copyright owners; and described in subsection (d)(3)(E). segments of sound recordings of musical (3) which the Register shall make available ‘‘(21) NONPROFIT.—The term ‘nonprofit’ works that do not exceed 90 seconds in online. means a nonprofit created or organized in a length, are offered only to facilitate a li- (f) UNCLAIMED ROYALTIES STUDY AND REC- State. censed use of musical works that is not a OMMENDATIONS.— ‘‘(22) NOTICE OF LICENSE.—The term ‘notice covered activity, and have no revenue di- (1) IN GENERAL.—Not later than 2 years of license’ means a notice from a digital rectly attributable to such streams consti- after the date on which the Register of Copy- music provider provided under subsection tuting the covered activity; or rights initially designates the mechanical li- (d)(2)(A) for purposes of obtaining a blanket ‘‘(ii) a ‘public broadcasting entity’ as de- censing collective under section license. fined in section 118(f). 115(d)(3)(B)(i) of title 17, United States Code, ‘‘(23) NOTICE OF NONBLANKET ACTIVITY.— ‘‘(32) SONGWRITER.—The term ‘songwriter’ as added by subsection (a)(4), the Register, in The term ‘notice of nonblanket activity’ means the author of all or part of a musical consultation with the Comptroller General means a notice from a significant non- work, including a composer or lyricist. of the United States, and after soliciting and blanket licensee provided under subsection ‘‘(33) STATE.—The term ‘State’ means each reviewing comments and relevant informa- (d)(6)(A) for purposes of notifying the me- State of the United States, the District of tion from music industry participants and

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other interested parties, shall submit to the to a petition filed by any sound recording (1) SECTION 114.—Section 114(f) of title 17, Committee on the Judiciary of the Senate copyright owner or any transmitting entity United States Code, as amended by sub- and the Committee on the Judiciary of the indicating that a new type of service on section (a), is further amended in paragraph House of Representatives a report that rec- which sound recordings are performed is or is (4)(C), as so redesignated, in the first sen- ommends best practices that the collective about to become operational, for the purpose tence, by striking ‘‘under paragraph (4)’’ and may implement in order to— of determining reasonable terms and rates of inserting ‘‘under paragraph (3)’’. (A) identify and locate musical work copy- royalty payments with respect to such new (2) SECTION 801.—Section 801(b) of title 17, right owners with unclaimed accrued royal- type of service for the period beginning with United States Code, is amended— ties held by the collective; the inception of such new type of service and (A) in paragraph (1), by striking ‘‘The rates (B) encourage musical work copyright ending on the date on which the royalty applicable’’ and all that follows though ‘‘pre- owners to claim the royalties of those own- rates and terms for eligible nonsubscription vailing industry practices.’’; and ers; and services and new subscription services, or (B) in paragraph (7)(B), by striking (C) reduce the incidence of unclaimed roy- preexisting subscription services and pre- ‘‘114(f)(3)’’ and inserting ‘‘114(f)(2)’’. alties. existing satellite digital audio radio serv- (3) SECTION 803.—Section 803(c)(2)(E)(i)(II) of (2) CONSIDERATION OF RECOMMENDATIONS.— ices, as the case may be, most recently de- title 17, United States Code, is amended— The mechanical licensing collective shall termined under subparagraph (A) or (B) and (A) by striking ‘‘or 114(f)(2)(C)’’; and carefully consider, and give substantial chapter 8 expire, or such other period as the (B) by striking ‘‘114(f)(4)(B)’’ and inserting weight to, the recommendations submitted parties may agree.’’; and ‘‘114(f)(3)(B)’’. by the Register of Copyrights under para- (2) by redesignating paragraphs (3), (4), and (4) SECTION 804.—Section 804(b)(3)(C) of title graph (1) when establishing the procedures of (5) as paragraphs (2), (3), and (4), respec- 17, United States Code, is amended— the collective with respect to the— tively. (A) in clause (i), by striking ‘‘and (A) identification and location of musical (b) REPEAL.—Subsection (i) of section 114 114(f)(2)(C)’’; work copyright owners; and of title 17, United States Code, is repealed. (B) in clause (iii)(II), by striking (B) distribution of unclaimed royalties. (c) USE IN MUSICAL WORK PROCEEDINGS.— ‘‘114(f)(4)(B)(ii)’’ and inserting SEC. 103. AMENDMENTS TO SECTION 114. (1) IN GENERAL.—License fees payable for ‘‘114(f)(3)(B)(ii)’’; and (a) UNIFORM RATE STANDARD.—Section the public performance of sound recordings (C) in clause (iv), by striking ‘‘or 114(f) of title 17, United States Code, is under section 106(6) of title 17, United States 114(f)(2)(C), as the case may be’’. amended— Code, shall not be taken into account in any (1) by striking paragraphs (1) and (2) and administrative, judicial, or other govern- (h) EFFECTIVE DATE OF AMENDED RATE SET- inserting the following: mental proceeding to set or adjust the royal- TING STANDARD.—The amendments made by ‘‘(1)(A) Proceedings under chapter 8 shall ties payable to musical work copyright own- subsection (a)(1) shall apply to any pro- determine reasonable rates and terms of roy- ers for the public performance of their works ceeding before the Copyright Royalty Judges alty payments for transmissions subject to except in such a proceeding to set or adjust that is commenced on or after the date of statutory licensing under subsection (d)(2) royalties for the public performance of musi- the enactment of this Act. during the 5-year period beginning on Janu- cal works by means of a digital audio trans- (i) TIMING OF RATE DETERMINATIONS.—Sec- ary 1 of the second year following the year in mission other than a transmission by a tion 804(b)(3)(B) of title 17, United States which the proceedings are to be commenced broadcaster, and may be taken into account Code, is amended, in the third sentence, by pursuant to subparagraph (A) or (B) of sec- only with respect to such digital audio trans- inserting the following after ‘‘fifth calendar tion 804(b)(3), as the case may be, or such mission. year’’: ‘‘, except that— other period as the parties may agree. The (2) DEFINITIONS.—In this subsection: ‘‘(i) with respect to preexisting subscrip- parties to each proceeding shall bear their (A) TRANSMISSION BY A BROADCASTER.—The own costs. tion services, the terms and rates finally de- term ‘‘transmission by a broadcaster’’ means termined for the rate period ending on De- ‘‘(B) The schedule of reasonable rates and a nonsubscription digital transmission made terms determined by the Copyright Royalty cember 31, 2022, shall remain in effect by a terrestrial broadcast station on its own through December 31, 2027, and there shall be Judges shall, subject to paragraph (2), be behalf, or on the behalf of a terrestrial binding on all copyright owners of sound re- no proceeding to determine terms and rates broadcast station under common ownership for preexisting subscription services for the cordings and entities performing sound re- or control, that is not part of an interactive cordings affected by this paragraph during period beginning on January 1, 2023, and end- service or a music-intensive service coming on December 31, 2027; and the 5-year period specified in subparagraph prising the transmission of sound recordings (A), or such other period as the parties may customized for or customizable by recipients ‘‘(ii) with respect to preexisting satellite agree. Such rates and terms shall distinguish or service users. digital audio radio services, the terms and among the different types of services then in (B) TERRESTRIAL BROADCAST STATION.—The rates set forth by the Copyright Royalty operation and shall include a minimum fee term ‘‘terrestrial broadcast station’’ means a Judges on December 14, 2017, in their initial for each such type of service, such dif- terrestrial, over-the-air radio or television determination for the rate period ending on ferences to be based on criteria including the broadcast station, including an FM trans- December 31, 2022 shall be in effect through quantity and nature of the use of sound re- lator (as defined in section 74.1201 of title 47, December 31, 2027, without any change based cordings and the degree to which use of the Code of Federal Regulations, and licensed as on a rehearing under section 803(c)(2) and service may substitute for or may promote such by the Federal Communications Com- without the possibility of appeal under sec- the purchase of phonorecords by consumers. mission) whose primary business activities tion 803(d), and there shall be no proceeding The Copyright Royalty Judges shall estab- are comprised of, and whose revenues are to determine terms and rates for preexisting lish rates and terms that most clearly rep- generated through, terrestrial, over-the-air satellite digital audio radio services for the resent the rates and terms that would have broadcast transmissions, or the simulta- period beginning on January 1, 2023, and’’. been negotiated in the marketplace between neous or substantially-simultaneous digital SEC. 104. RANDOM ASSIGNMENT OF RATE COURT a willing buyer and a willing seller. In deter- retransmission by the terrestrial, over-the- PROCEEDINGS. mining such rates and terms, the Copyright air broadcast station of its over-the-air Royalty Judges— Section 137 of title 28, United States Code, broadcast transmissions. is amended— ‘‘(i) shall base their decision on economic, (d) RULE OF CONSTRUCTION.—Subsection competitive, and programming information (c)(2) shall not be given effect in interpreting (1) by striking ‘‘The business’’ and insert- presented by the parties, including— provisions of title 17, United States Code. ing ‘‘(a) IN GENERAL.—The business’’; and ‘‘(I) whether use of the service may sub- (e) USE IN SOUND RECORDING PRO- (2) by adding at the end the following: stitute for or may promote the sales of CEEDINGS.—The repeal of section 114(i) of ‘‘(b) RANDOM ASSIGNMENT OF RATE COURT phonorecords or otherwise may interfere title 17, United States Code, by subsection PROCEEDINGS.— with or may enhance the sound recording (b) shall not be taken into account in any ‘‘(1) IN GENERAL.— copyright owner’s other streams of revenue proceeding to set or adjust the rates and fees ‘‘(A) DEFINITION.—In this paragraph, the from the copyright owner’s sound recordings; payable for the use of sound recordings under term ‘performing rights society’ has the and section 112(e) or 114(f) of such title that is meaning given the term in section 101 of ‘‘(II) the relative roles of the copyright pending on, or commenced on or after, the title 17. date of enactment of this Act. owner and the transmitting entity in the ‘‘(B) DETERMINATION OF LICENSE FEE.—Ex- (f) DECISIONS AND PRECEDENTS NOT AF- copyrighted work and the service made cept as provided in subparagraph (C), in the FECTED.—The repeal of section 114(i) of title available to the public with respect to rel- 17, United States Code, by subsection (b) case of any performing rights society subject ative creative contribution, technological shall not have any effect upon the decisions, to a consent decree, any application for the contribution, capital investment, cost, and or the precedents established or relied upon, determination of a license fee for the public risk; and in any proceeding to set or adjust the rates performance of music in accordance with the ‘‘(ii) may consider the rates and terms for and fees payable for the use of sound record- applicable consent decree shall be made in comparable types of audio transmission serv- ings under section 112(e) or 114(f) of such the district court with jurisdiction over that ices and comparable circumstances under title before the date of enactment of this consent decree and randomly assigned to a voluntary license agreements. Act. judge of that district court according to the ‘‘(C) The procedures under subparagraphs (g) TECHNICAL AND CONFORMING AMEND- rules of that court for the division of busi- (A) and (B) shall also be initiated pursuant MENTS.— ness among district judges, provided that

VerDate Sep 11 2014 04:33 Sep 19, 2018 Jkt 079060 PO 00000 Frm 00053 Fmt 4637 Sfmt 0634 E:\CR\FM\A18SE6.053 S18SEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S6250 CONGRESSIONAL RECORD — SENATE September 18, 2018 any such application shall not be assigned diciary of the House of Representatives a ‘‘(i) subject to clause (ii), shall apply to a to— written notification of the intent of the De- sound recording described in that para- ‘‘(i) a judge to whom continuing jurisdic- partment of Justice to file the motion. graph— tion over any performing rights society for (B) CONTENTS.—The notification provided ‘‘(I) through December 31 of the year that any performing rights society consent decree in subparagraph (A) shall include a written is 95 years after the year of first publication; is assigned or has previously been assigned; report to the chairmen and ranking members and or of the Committee on the Judiciary of Senate ‘‘(II) for a further transition period as pre- ‘‘(ii) a judge to whom another proceeding and the Committee on the Judiciary of the scribed under subparagraph (B) of this para- concerning an application for the determina- House of Representatives setting forth— graph; and tion of a reasonable license fee is assigned at (i) an explanation of the process used by ‘‘(ii) shall not apply to any sound recording the time of the filing of the application. the Department of Justice to review the con- after February 15, 2067. ‘‘(C) EXCEPTION.—Subparagraph (B) does sent decree; ‘‘(B) TRANSITION PERIODS.— not apply to an application to determine rea- (ii) a summary of the public comments re- ‘‘(i) PRE-1923 RECORDINGS.—In the case of a sonable license fees made by individual pro- ceived by the Department of Justice during sound recording first published before Janu- prietors under section 513 of title 17. the review by the Department; and ary 1, 1923, the transition period described in ‘‘(2) RULE OF CONSTRUCTION.—Nothing in (iii) other information provided to Con- subparagraph (A)(i)(II) shall end on Decem- paragraph (1) shall modify the rights of any gress under paragraph (1)(B). ber 31 of the year that is 3 years after the party to a consent decree or to a proceeding (d) SCOPE.—This section applies only to a date of enactment of this section. to determine reasonable license fees, to consent decree between the United States ‘‘(ii) 1923–1946 RECORDINGS.—In the case of a make an application for the construction of and a performing rights society. sound recording first published during the any provision of the applicable consent de- SEC. 106. EFFECTIVE DATE. period beginning on January 1, 1923, and end- cree. Such application shall be referred to This title, and the amendments made by ing on December 31, 1946, the transition pe- the judge to whom continuing jurisdiction this title, shall take effect on the date of en- riod described in subparagraph (A)(i)(II) shall over the applicable consent decree is cur- actment of this Act. end on the date that is 5 years after the last rently assigned. If any such application is TITLE II—CLASSICS PROTECTION AND day of the period described in subparagraph made in connection with a rate proceeding, ACCESS (A)(i)(I). such rate proceeding shall be stayed until ‘‘(iii) 1947–1956 RECORDINGS.—In the case of the final determination of the construction SEC. 201. SHORT TITLE. This title may be cited as the ‘‘Classics a sound recording first published during the application. Disputes in connection with a period beginning on January 1, 1947, and end- rate proceeding about whether a licensee is Protection and Access Act’’. SEC. 202. UNAUTHORIZED USE OF PRE-1972 ing on December 31, 1956, the transition pe- similarly situated to another licensee shall riod described in subparagraph (A)(i)(II) shall not be subject to referral to the judge with SOUND RECORDINGS. (a) PREEMPTION OF STATE LAW RIGHTS; end on the date that is 15 years after the last continuing jurisdiction over the applicable PROTECTION FOR UNAUTHORIZED USE.—Title day of the period described in subparagraph consent decree.’’. 17, United States Code, is amended— (A)(i)(I). SEC. 105. PERFORMING RIGHTS SOCIETY CON- (1) in section 301, by striking subsection (c) ‘‘(iv) POST-1956 RECORDINGS.—In the case of SENT DECREES. and inserting the following: a sound recording fixed before February 15, (a) DEFINITION.—In this section, the term ‘‘(c) Notwithstanding the provisions of sec- 1972, that is not described in clause (i), (ii), ‘‘performing rights society’’ has the meaning tion 303, and in accordance with chapter 14, or (iii), the transition period described in given the term in section 101 of title 17, no sound recording fixed before February 15, subparagraph (A)(i)(II) shall end on February United States Code. 1972, shall be subject to copyright under this (b) NOTIFICATION OF REVIEW.— 15, 2067. title. With respect to sound recordings fixed (1) IN GENERAL.—The Department of Jus- ‘‘(3) RULE OF CONSTRUCTION.—For the pur- tice shall provide timely briefings upon re- before February 15, 1972, the preemptive pro- poses of this subsection, the term ‘anyone’ quest of any Member of the Committee on visions of subsection (a) shall apply to ac- includes any State, any instrumentality of a the Judiciary of the Senate and the Com- tivities that are commenced on and after the State, and any officer or employee of a State mittee on the Judiciary of the House of Rep- date of enactment of the Classics Protection or instrumentality of a State acting in the and Access Act. Nothing in this subsection resentatives regarding the status of a review official capacity of the officer or employee, may be construed to affirm or negate the in progress of a consent decree between the as applicable. preemption of rights and remedies per- United States and a performing rights soci- ‘‘(b) CERTAIN AUTHORIZED TRANSMISSIONS taining to any cause of action arising from ety. the nonsubscription broadcast transmission AND REPRODUCTIONS.—A public performance (2) CONFIDENTIALITY AND DELIBERATIVE of sound recordings under the common law by means of a digital audio transmission of PROCESS.—In accordance with applicable or statutes of any State for activities that a sound recording fixed before February 15, rules relating to confidentiality and agency do not qualify as covered activities under 1972, or a reproduction in an ephemeral pho- deliberative process, the Department of Jus- chapter 14 undertaken during the period be- norecord or copy of a sound recording fixed tice shall share with such Members of Con- tween the date of enactment of the Classics before February 15, 1972, shall, for purposes gress detailed and timely information and Protection and Access Act and the date on of subsection (a), be considered to be author- pertinent documents related to the consent which the term of prohibition on unauthorized and made with the consent of the rights decree review. ized acts under section 1401(a)(2) expires for owner if— (c) ACTION BEFORE MOTION TO TERMINATE.— such sound recordings. Any potential pre- ‘‘(1) the transmission or reproduction (1) IN GENERAL.—Before filing with the ap- emption of rights and remedies related to would satisfy the requirements for statutory propriate district court of the United States such activities undertaken during that pe- licensing under section 112(e)(1) or section a motion to terminate a consent decree be- riod shall apply in all respects as it did the 114(d)(2), or would be exempt under section tween the United States and a performing day before the date of enactment of the 114(d)(1), as the case may be, if the sound re- rights society, including a motion to termi- Classics Protection and Access Act.’’; and cording were fixed on or after February 15, nate a consent decree after the passage of a (2) by adding at the end the following: 1972; and specified period of time, the Department of ‘‘(2) the transmitting entity pays the stat- Justice shall— ‘‘CHAPTER 14—UNAUTHORIZED USE OF utory royalty for the transmission or repro- (A) notify Members of Congress and com- PRE-1972 SOUND RECORDINGS duction pursuant to the rates and terms mittees of Congress described in subsection ‘‘Sec. adopted under sections 112(e) and 114(f), and (b); and ‘‘1401. Unauthorized use of pre-1972 sound re- complies with other obligations, in the same (B) provide to such Members of Congress cordings. manner as required by regulations adopted and committees information regarding the ‘‘§ 1401. Unauthorized use of pre-1972 sound by the Copyright Royalty Judges under sec- impact of the proposed termination on the recordings tions 112(e) and 114(f) for sound recordings market for licensing the public performance ‘‘(a) IN GENERAL.— that are fixed on or after February 15, 1972, of musical works should the motion be ‘‘(1) UNAUTHORIZED ACTS.—Anyone who, on except in the case of a transmission that granted. or before the last day of the applicable tran- would be exempt under section 114(d)(1). (2) NOTIFICATION.— sition period under paragraph (2), and with- (A) IN GENERAL.—During the notification out the consent of the rights owner, engages ‘‘(c) CERTAIN NONCOMMERCIAL USES OF described in paragraph (1), and not later than in covered activity with respect to a sound SOUND RECORDINGS THAT ARE NOT BEING a reasonable time before the date on which recording fixed before February 15, 1972, shall COMMERCIALLY EXPLOITED.— the Department of Justice files with the ap- be subject to the remedies provided in sec- ‘‘(1) IN GENERAL.—Noncommercial use of a propriate district court of the United States tions 502 through 505 and 1203 to the same ex- sound recording fixed before February 15, a motion to terminate a consent decree be- tent as an infringer of copyright or a person 1972, that is not being commercially ex- tween the United States and a performing that engages in unauthorized activity under ploited by or under the authority of the rights society, the Department of Justice chapter 12. rights owner shall not violate subsection (a) should submit to the chairmen and ranking ‘‘(2) TERM OF PROHIBITION.— if— members of the Committee on the Judiciary ‘‘(A) IN GENERAL.—The prohibition under ‘‘(A) the person engaging in the non- of the Senate and the Committee on the Ju- paragraph (1)— commercial use, in order to determine

VerDate Sep 11 2014 02:46 Sep 19, 2018 Jkt 079060 PO 00000 Frm 00054 Fmt 4637 Sfmt 0634 E:\CR\FM\A18SE6.053 S18SEPT1 SSpencer on DSKBBXCHB2PROD with SENATE September 18, 2018 CONGRESSIONAL RECORD — SENATE S6251 whether the sound recording is being com- under paragraph (1)(B) to, in its discretion, censing of transmissions in accordance with mercially exploited by or under the author- file notice opting out of the covered activity section 114(f), 50 percent of the performance ity of the rights owner, makes a good faith, described in the notice under paragraph royalties for that transmission due under the reasonable search for, but does not find, the (1)(B) during the 90-day period beginning on license; and sound recording— the date on which the notice under para- ‘‘(ii) the royalties paid under clause (i) ‘‘(i) in the records of schedules filed in the graph (1)(B) is indexed into the public shall be fully credited as payments due under Copyright Office as described in subsection records of the Copyright Office. the license. (f)(5)(A); and ‘‘(B) RULE OF CONSTRUCTION.—The fact that ‘‘(B) CERTAIN AGREEMENTS ENTERED INTO ‘‘(ii) on services offering a comprehensive a rights holder opts out of a noncommercial BEFORE ENACTMENT.—To the extent that a li- set of sound recordings for sale or streaming; use of a sound recording by filing notice cense agreement described in paragraph (1), ‘‘(B) the person engaging in the non- thereof in the Copyright Office in accordance entered into during the period beginning on commercial use files a notice identifying the with the regulations issued under subpara- January 1 of the year in which this section is sound recording and the nature of the use in graph (A) does not itself enlarge or diminish enacted and ending on the day before the the Copyright Office in accordance with the any limitation on the exclusive rights of a date of enactment of this section, or a settle- regulations issued under paragraph (3)(B); copyright owner described in section 107, 108, ment agreement with a preexisting satellite and 109, 110, or 112(f) as applied to a claim under digital audio radio service (as defined in sec- ‘‘(C) during the 90-day period beginning on subsection (a) of this section pursuant to tion 114(j)) entered into during the period be- the date on which the notice described in subsection (f)(1)(A) of this section. ginning on January 1, 2015, and ending on the subparagraph (B) is indexed into the public ‘‘(6) CIVIL PENALTIES FOR CERTAIN ACTS.— day before the date of enactment of this sec- records of the Copyright Office, the rights ‘‘(A) FILING OF NOTICES OF NONCOMMERCIAL tion, extends to a public performance by owner of the sound recording does not, in its USE.—Any person who willfully engages in a means of a digital audio transmission of a discretion, opt out of the noncommercial use pattern or practice of filing a notice of non- sound recording fixed before February 15, by filing notice thereof in the Copyright Of- commercial use of a sound recording as de- 1972, that meets the conditions of subsection fice in accordance with the regulations scribed in paragraph (1)(B) fraudulently de- (b)— issued under paragraph (5). scribing the use proposed, or knowing that ‘‘(i) the rights owner shall, with respect to ‘‘(2) RULES OF CONSTRUCTION.—For purposes the use proposed is not permitted under this of this subsection— subsection, shall be assessed a civil penalty such transmission, pay to the collective des- ‘‘(A) merely recovering costs of production in an amount that is not less than $250, and ignated to distribute receipts from the li- and distribution of a sound recording result- not more than $1000, for each such notice, in censing of transmissions in accordance with ing from a use otherwise permitted under addition to any other remedies that may be section 114(f) an amount that is equal to the this subsection does not itself necessarily available under this title based on the actual difference between— constitute a commercial use of the sound re- use made. ‘‘(I) 50 percent of the difference between— cording; ‘‘(B) FILING OF OPT-OUT NOTICES.— ‘‘(aa) the rights owner’s total gross per- ‘‘(B) the fact that a person engaging in the ‘‘(i) IN GENERAL.—Any person who files an formance royalty fee receipts or settlement use of a sound recording also engages in com- opt-out notice as described in paragraph monies received for all such transmissions mercial activities does not itself necessarily (1)(C), knowing that the person is not the covered under the license or settlement render the use commercial; and rights owner or authorized to act on behalf agreement, as applicable; and ‘‘(C) the fact that a person files notice of a of the rights owner of the sound recording to ‘‘(bb) the rights owner’s total payments for noncommercial use of a sound recording in which the notice pertains, shall be assessed a outside legal expenses, including any pay- accordance with the regulations issued under civil penalty in an amount not less than $250, ments of third-party claims, that are di- paragraph (3)(B) does not itself affect any and not more than $1,000, for each such no- rectly attributable to the license or settle- limitation on the exclusive rights of a copy- tice. ment agreement, as applicable; and right owner described in section 107, 108, 109, ‘‘(ii) PATTERN OR PRACTICE.—Any person ‘‘(II) the amount of any royalty receipts or 110, or 112(f) as applied to a claim under sub- who engages in a pattern or practice of mak- settlement monies under the agreement that section (a) of this section pursuant to sub- ing filings as described in clause (i) shall be are distributed by the rights owner to fea- section (f)(1)(A) of this section. assessed a civil penalty in an amount not tured and nonfeatured artists before the date ‘‘(3) NOTICE OF COVERED ACTIVITY.—Not less than $10,000 for each such filing. of enactment of this section; and later than 180 days after the date of enact- ‘‘(C) DEFINITION.—For purposes of this ‘‘(ii) the royalties paid under clause (i) ment of this section, the Register of Copy- paragraph, the term ‘knowing’— shall be fully credited as payments due under rights shall issue regulations that— ‘‘(i) does not require specific intent to de- the license or settlement agreement, as ap- ‘‘(A) provide specific, reasonable steps fraud; and plicable. that, if taken by a filer, are sufficient to con- ‘‘(ii) with respect to information about ‘‘(3) DISTRIBUTION OF ROYALTIES AND SET- stitute a good faith, reasonable search under ownership of the sound recording in ques- TLEMENT MONIES BY COLLECTIVE.—The collec- paragraph (1)(A) to determine whether a re- tion, means that the person— tive described in paragraph (2) shall, in according is being commercially exploited, in- ‘‘(I) has actual knowledge of the informa- cordance with subparagraphs (B) through (D) cluding the services that satisfy the good tion; of section 114(g)(2), and paragraphs (5) and (6) faith, reasonable search requirement under ‘‘(II) acts in deliberate ignorance of the of section 114(g), distribute the royalties or paragraph (1)(A) for purposes of the safe har- truth or falsity of the information; or settlement monies received under paragraph bor described in paragraph (4)(A); and ‘‘(III) acts in grossly negligent disregard of (2) under a license or settlement described in ‘‘(B) establish the form, content, and pro- the truth or falsity of the information. paragraph (2), which shall be the only pay- cedures for the filing of notices under para- ‘‘(d) PAYMENT OF ROYALTIES FOR TRANS- ments to which featured and nonfeatured graph (1)(B). MISSIONS OF PERFORMANCES BY DIRECT LI- artists are entitled by virtue of the trans- ‘‘(4) SAFE HARBOR.— CENSING OF STATUTORY SERVICES.— missions described in paragraph (2), except ‘‘(A) IN GENERAL.—A person engaging in a ‘‘(1) IN GENERAL.—A public performance by for settlement monies described in para- noncommercial use of a sound recording oth- means of a digital audio transmission of a graph (2) that are distributed by the rights erwise permitted under this subsection who sound recording fixed before February 15, owner to featured and nonfeatured artists establishes that the person made a good 1972, shall, for purposes of subsection (a), be before the date of enactment of this section. faith, reasonable search under paragraph considered to be authorized and made with ‘‘(4) PAYMENT OF ROYALTIES UNDER LICENSE (1)(A) without finding commercial exploi- the consent of the rights owner if the trans- AGREEMENTS ENTERED BEFORE ENACTMENT OR tation of the sound recording by or under the mission is made pursuant to a license agree- NOT OTHERWISE DESCRIBED IN PARAGRAPH (2).— authority of the rights owner shall not be ment voluntarily negotiated at any time be- ‘‘(A) IN GENERAL.—To the extent that a li- found to be in violation of subsection (a). tween the rights owner and the entity per- cense agreement described in paragraph (1) ‘‘(B) STEPS SUFFICIENT BUT NOT NEC- forming the sound recording. entered into before the date of enactment of ESSARY.—Taking the specific, reasonable ‘‘(2) PAYMENT OF ROYALTIES TO NONPROFIT this section, or any other license agreement steps identified by the Register of Copy- COLLECTIVE UNDER CERTAIN LICENSE AGREE- not as described in paragraph (2), extends to rights in the regulations issued under para- MENTS.— a public performance by means of a digital graph (3)(A) shall be sufficient, but not nec- ‘‘(A) LICENSES ENTERED INTO ON OR AFTER audio transmission of a sound recording essary, for a filer to satisfy the requirement DATE OF ENACTMENT.—To the extent that a li- fixed before February 15, 1972, that meets the to conduct a good faith, reasonable search cense agreement described in paragraph (1) conditions of subsection (b), the payments under paragraph (1)(A) for purposes of sub- entered into on or after the date of enact- made by the licensee pursuant to the license paragraph (A) of this paragraph. ment of this section extends to a public per- shall be made in accordance with the agree- ‘‘(5) OPTING OUT OF COVERED ACTIVITY.— formance by means of a digital audio trans- ment. ‘‘(A) IN GENERAL.—Not later than 180 days mission of a sound recording fixed before ‘‘(B) ADDITIONAL PAYMENTS NOT RE- after the date of enactment of this section, February 15, 1972, that meets the conditions QUIRED.—To the extent that a licensee has the Register of Copyrights shall issue regula- of subsection (b)— made, or will make in the future, payments tions establishing the form, content, and ‘‘(i) the licensee shall, with respect to such pursuant to a license as described in sub- procedures for the rights owner of a sound transmission, pay to the collective des- paragraph (A), the provisions of paragraphs recording that is the subject of a notice ignated to distribute receipts from the li- (2) and (3) shall not require any additional

VerDate Sep 11 2014 02:46 Sep 19, 2018 Jkt 079060 PO 00000 Frm 00055 Fmt 4637 Sfmt 0634 E:\CR\FM\A18SE6.053 S18SEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S6252 CONGRESSIONAL RECORD — SENATE September 18, 2018 payments from, or additional financial obli- sound recording fixed before February 15, the entity either is no longer located at the gations on the part of, the licensee. 1972. address provided in the contact information ‘‘(C) RULE OF CONSTRUCTION.—Nothing in ‘‘(3) MATERIAL ONLINE.—Section 512 shall filed under clause (i) or has refused to accept this subsection may be construed to prohibit apply to a claim under subsection (a) with delivery, or the notice is sent by electronic the collective designated to distribute re- respect to a sound recording fixed before mail and is undeliverable, the 90-day period ceipts from the licensing of transmissions in February 15, 1972. under subclause (I) shall begin on the date of accordance with section 114(f) from admin- ‘‘(4) PRINCIPLES OF EQUITY.—Principles of the attempted delivery. istering royalty payments under any license equity apply to remedies for a violation of ‘‘(C) SECTION 412.—Section 412 shall not not described in paragraph (2). this section to the same extent as such prin- limit an award of statutory damages under ‘‘(e) PREEMPTION WITH RESPECT TO CERTAIN ciples apply to remedies for infringement of section 504(c) or attorneys’ fees under sec- PAST ACTS.— copyright. tion 505 with respect to a covered activity in ‘‘(1) IN GENERAL.—This section preempts ‘‘(5) FILING REQUIREMENT FOR STATUTORY violation of subsection (a). any claim of common law copyright or DAMAGES AND ATTORNEYS’ FEES.— ‘‘(6) APPLICABILITY OF OTHER PROVISIONS.— equivalent right under the laws of any State ‘‘(A) FILING OF INFORMATION ON SOUND RE- ‘‘(A) IN GENERAL.—Subject to subparagraph arising from a digital audio transmission or CORDINGS.— (B), no provision of this title shall apply to reproduction that is made before the date of ‘‘(i) FILING REQUIREMENT.—Except in the or limit the remedies available under this enactment of this section of a sound record- case of a transmitting entity that has filed section except as otherwise provided in this ing fixed before February 15, 1972, if— contact information for that transmitting section. ‘‘(A) the digital audio transmission would entity under subparagraph (B), in any action ‘‘(B) APPLICABILITY OF DEFINITIONS.—Any have satisfied the requirements for statutory under this section, an award of statutory term used in this section that is defined in licensing under section 114(d)(2) or been ex- damages or of attorneys’ fees under section section 101 shall have the meaning given empt under section 114(d)(1), or the reproduc- 504 or 505 may be made with respect to an un- that term in section 101. ‘‘(g) APPLICATION OF SECTION 230 SAFE HAR- tion would have satisfied the requirements of authorized use of a sound recording under BOR.—For purposes of section 230 of the Com- section 112(e)(1), as the case may be, if the subsection (a) only if— munications Act of 1934 (47 U.S.C. 230), sub- sound recording were fixed on or after Feb- ‘‘(I) the rights owner has filed with the Copyright Office a schedule that specifies section (a) shall be considered to be a ‘law ruary 15, 1972; and the title, artist, and rights owner of the pertaining to intellectual property’ under ‘‘(B) either— sound recording and contains such other in- subsection (e)(2) of such section 230. ‘‘(i) except in the case of a transmission formation, as practicable, as the Register of ‘‘(h) APPLICATION TO RIGHTS OWNERS.— that would have been exempt under section Copyrights prescribes by regulation; and ‘‘(1) TRANSFERS.—With respect to a rights 114(d)(1), not later than 270 days after the ‘‘(II) the use occurs after the end of the 90- owner described in subsection (l)(2)(B)— date of enactment of this section, the trans- day period beginning on the date on which ‘‘(A) subsections (d) and (e) of section 201 mitting entity pays statutory royalties and the information described in subclause (I) is and section 204 shall apply to a transfer de- provides notice of the use of the relevant indexed into the public records of the Copy- scribed in subsection (l)(2)(B) to the same ex- sound recordings in the same manner as re- right Office. tent as with respect to a transfer of copy- quired by regulations adopted by the Copy- ‘‘(ii) REGULATIONS.—Not later than 180 right ownership; and right Royalty Judges for sound recordings days after the date of enactment of this sec- ‘‘(B) notwithstanding section 411, that that are fixed on or after February 15, 1972, tion, the Register of Copyrights shall issue rights owner may institute an action with for all the digital audio transmissions and regulations that— respect to a violation of this section to the reproductions satisfying the requirements ‘‘(I) establish the form, content, and proce- same extent as the owner of an exclusive for statutory licensing under sections dures for the filing of schedules under clause right under a copyright may institute an ac- 112(e)(1) and 114(d)(2) during the 3 years be- (i); tion under section 501(b). fore that date of enactment; or ‘‘(II) provide that a person may request ‘‘(2) APPLICATION OF OTHER PROVISIONS.— ‘‘(ii) an agreement voluntarily negotiated that the person receive timely notification The following provisions shall apply to a between the rights owner and the entity per- of a filing described in subclause (I); and rights owner under this section to the same forming the sound recording (including a ‘‘(III) set forth the manner in which a per- extent as any copyright owner: litigation settlement agreement entered into son may make a request under subclause (II). ‘‘(A) Section 112(e)(2). before the date of enactment of this section) ‘‘(B) FILING OF CONTACT INFORMATION FOR ‘‘(B) Section 112(e)(7). authorizes or waives liability for any such TRANSMITTING ENTITIES.— ‘‘(C) Section 114(e). transmission or reproduction and the trans- ‘‘(i) FILING REQUIREMENT.—Not later than ‘‘(D) Section 114(h). mitting entity has paid for and reported such 30 days after the date of enactment of this ‘‘(i) EPHEMERAL RECORDINGS.—An author- digital audio transmission under that agree- section, the Register of Copyrights shall ized reproduction made under this section ment. issue regulations establishing the form, con- shall be subject to section 112(g) to the same ‘‘(2) RULE OF CONSTRUCTION FOR COMMON tent, and procedures for the filing of contact extent as a reproduction of a sound recording LAW COPYRIGHT.—For purposes of paragraph information by any entity that, as of the fixed on or after February 15, 1972. ‘‘(j) RULE OF CONSTRUCTION.—A rights (1), a claim of common law copyright or date of enactment of this section, performs a owner of, or featured recording artist who equivalent right under the laws of any State sound recording fixed before February 15, performs on, a sound recording under this includes a claim that characterizes conduct 1972, by means of a digital audio trans- chapter shall be deemed to be an interested subject to that paragraph as an unlawful dis- mission. copyright party, as defined in section 1001, to tribution, act of record piracy, or similar ‘‘(ii) TIME LIMIT ON FILINGS.—The Register the same extent as a copyright owner or fea- violation. of Copyrights may accept filings under tured recording artist under chapter 10. ‘‘(3) RULE OF CONSTRUCTION FOR PUBLIC PER- clause (i) only until the 180th day after the ‘‘(k) TREATMENT OF STATES AND STATE IN- FORMANCE RIGHTS.—Nothing in this section date of enactment of this section. STRUMENTALITIES, OFFICERS, AND EMPLOY- may be construed to recognize or negate the ‘‘(iii) LIMITATION ON STATUTORY DAMAGES EES.—Any State, and any instrumentality, existence of public performance rights in AND ATTORNEYS’ FEES.— officer, or employee described in subsection sound recordings under the laws of any ‘‘(I) LIMITATION.—An award of statutory (a)(3), shall be subject to the provisions of State. damages or of attorneys’ fees under section this section in the same manner and to the ‘‘(f) LIMITATIONS ON REMEDIES.— 504 or 505 may not be made against an entity same extent as any nongovernmental entity. ‘‘(1) FAIR USE; USES BY LIBRARIES, ARCHIVES, that has filed contact information for that ‘‘(l) DEFINITIONS.—In this section: AND EDUCATIONAL INSTITUTIONS.— entity under clause (i) with respect to an un- ‘‘(1) COVERED ACTIVITY.—The term ‘covered ‘‘(A) IN GENERAL.—The limitations on the authorized use by that entity of a sound re- activity’ means any activity that the copy- exclusive rights of a copyright owner de- cording under subsection (a) if the use occurs right owner of a sound recording would have scribed in sections 107, 108, 109, 110, and 112(f) before the end of the 90-day period beginning the exclusive right to do or authorize under shall apply to a claim under subsection (a) on the date on which the entity receives a section 106 or 602, or that would violate sec- with respect to a sound recording fixed be- notice that— tion 1201 or 1202, if the sound recording were fore February 15, 1972. ‘‘(aa) is sent by or on behalf of the rights fixed on or after February 15, 1972. ‘‘(B) RULE OF CONSTRUCTION FOR SECTION owner of the sound recording; ‘‘(2) RIGHTS OWNER.—The term ‘rights 108(H).—With respect to the application of ‘‘(bb) states that the entity is not legally owner’ means— section 108(h) to a claim under subsection (a) authorized to use that sound recording under ‘‘(A) the person that has the exclusive with respect to a sound recording fixed be- subsection (a); and right to reproduce a sound recording under fore February 15, 1972, the phrase ‘during the ‘‘(cc) identifies the sound recording in a the laws of any State, as of the day before last 20 years of any term of copyright of a schedule conforming to the requirements the date of enactment of this section; or published work’ in such section 108(h) shall prescribed by the regulations issued under ‘‘(B) any person to which a right to enforce be construed to mean at any time after the subparagraph (A)(ii). a violation of this section may be trans- date of enactment of this section. ‘‘(II) UNDELIVERABLE NOTICES.—In any case ferred, in whole or in part, after the date of ‘‘(2) ACTIONS.—The limitations on actions in which a notice under subclause (I) is sent enactment of this section, under— described in section 507 shall apply to a to an entity by mail or courier service and ‘‘(i) subsections (d) and (e) of section 201; claim under subsection (a) with respect to a the notice is returned to the sender because and

VerDate Sep 11 2014 02:46 Sep 19, 2018 Jkt 079060 PO 00000 Frm 00056 Fmt 4637 Sfmt 0634 E:\CR\FM\A18SE6.053 S18SEPT1 SSpencer on DSKBBXCHB2PROD with SENATE September 18, 2018 CONGRESSIONAL RECORD — SENATE S6253 ‘‘(ii) section 204.’’. ‘‘(I) for a period of not less than 120 days, under subparagraph (A) to a person described (b) CONFORMING AMENDMENT.—The table of that person made reasonable efforts to con- in subparagraph (B), such person shall, dur- chapters for title 17, United States Code, is tact the artist payee for such sound recording the period covered by such distribution, amended by adding at the end the following: ing to request and obtain a letter of direc- be treated for all purposes as the owner of ‘‘14. Unauthorized use of pre-1972 tion instructing the collective to pay to that the right to receive such payments, and the sound recordings ...... 1401’’. person a portion of the royalties payable to artist payee to whom such payments would TITLE III—ALLOCATION FOR MUSIC the featured recording artist or artists; and otherwise be payable shall be treated as hav- PRODUCERS ‘‘(II) during the period beginning on the ing no interest in such payments. date on which that person began the reason- SEC. 301. SHORT TITLE. ‘‘(F) ARTIST PAYEE DEFINED.—In this para- This title may be cited as the ‘‘Allocation able efforts described in subclause (I) and graph, the term ‘artist payee’ means a per- for Music Producers Act’’ or the ‘‘AMP Act’’. ending on the date of that person’s certifi- son, other than a person described in sub- cation to the collective, the artist payee did SEC. 302. PAYMENT OF STATUTORY PERFORM- paragraph (B), who owns the right to receive ANCE ROYALTIES. not affirm or deny in writing the request for all or part of the receipts payable under (a) LETTER OF DIRECTION.—Section 114(g) of a letter of direction. paragraph (2)(D) with respect to a sound re- title 17, United States Code, is amended by ‘‘(ii) COLLECTIVE ATTEMPT TO CONTACT ART- cording. In a case in which there are mul- adding at the end the following: IST.—After receipt of the certification de- tiple artist payees with respect to a sound ‘‘(5) LETTER OF DIRECTION.— scribed in clause (i) and for a period of not recording, an objection by 1 such payee shall ‘‘(A) IN GENERAL.—A nonprofit collective less than 120 days before the first distribu- apply only to that payee’s share of the redesignated by the Copyright Royalty Judges tion by the collective to the person described ceipts payable under paragraph (2)(D), and to distribute receipts from the licensing of in subparagraph (B), the collective attempts, shall not preclude payment under subpara- transmissions in accordance with subsection in a reasonable manner as determined by the graph (A) from the share of an artist payee (f) shall adopt and reasonably implement a collective, to notify the artist payee of the that does not so object.’’. certification made by the person described in policy that provides, in circumstances deter- (c) TECHNICAL AND CONFORMING AMEND- mined by the collective to be appropriate, subparagraph (B). MENTS.—Section 114(g) of title 17, United for acceptance of instructions from a payee ‘‘(iii) NO OBJECTION RECEIVED.—The artist identified under subparagraph (A) or (D) of payee does not, as of the date that was 10 States Code, as amended by subsections (a) paragraph (2) to distribute, to a producer, business days before the date on which the and (b), is further amended— mixer, or sound engineer who was part of the first distribution is made, submit to the col- (1) in paragraph (2), by striking ‘‘An agent creative process that created a sound record- lective in writing an objection to the dis- designated’’ and inserting ‘‘Except as pro- ing, a portion of the payments to which the tribution. vided for in paragraph (6), a nonprofit collec- payee would otherwise be entitled from the ‘‘(B) ELIGIBILITY FOR PAYMENT.—A person tive designated by the Copyright Royalty licensing of transmissions of the sound re- shall be eligible for payment under subpara- Judges’’; cording. In this section, such instructions graph (A) if the person— (2) in paragraph (3)— shall be referred to as a ‘letter of direction’. ‘‘(i) is a producer, mixer, or sound engineer (A) by striking ‘‘nonprofit agent des- ‘‘(B) ACCEPTANCE OF LETTER.—To the ex- of the sound recording; ignated’’ and inserting ‘‘nonprofit collective tent that a collective described in subpara- ‘‘(ii) has entered into a written contract designated by the Copyright Royalty graph (A) accepts a letter of direction under with a record company involved in the cre- Judges’’; that subparagraph, the person entitled to ation or lawful exploitation of the sound re- (B) by striking ‘‘another designated agent’’ payment pursuant to the letter of direction cording, or with the recording artist or art- and inserting ‘‘another designated nonprofit shall, during the period in which the letter of ists featured on the sound recording (or the collective’’; and direction is in effect and carried out by the persons conveying rights in the artists’ per- (C) by striking ‘‘agent’’ and inserting ‘‘col- collective, be treated for all purposes as the formance in the sound recording), under lective’’ each subsequent place it appears; owner of the right to receive such payment, which the person seeking payment is enti- (3) in paragraph (4)— and the payee providing the letter of direc- tled to participate in royalty payments that (A) by striking ‘‘designated agent’’ and in- tion to the collective shall be treated as hav- are based on the exploitation of the sound re- serting ‘‘nonprofit collective’’; and ing no interest in such payment. cording and are payable from royalties oth- (B) by striking ‘‘agent’’ and inserting ‘‘col- ‘‘(C) AUTHORITY OF COLLECTIVE.—This para- erwise payable to the recording artist or art- lective’’ each subsequent place it appears; graph shall not be construed in such a man- ists featured on the sound recording (or the and ner so that the collective is not authorized persons conveying rights in the artists’ per- (4) by adding at the end the following: to accept or act upon payment instructions formance in the sound recording); ‘‘(7) PREEMPTION OF STATE PROPERTY in circumstances other than those to which ‘‘(iii) made a creative contribution to the LAWS.—The holding and distribution of re- this paragraph applies.’’. creation of the sound recording; and ceipts under section 112 and this section by a (b) ADDITIONAL PROVISIONS FOR RECORDINGS ‘‘(iv) submits to the collective— nonprofit collective designated by the Copy- FIXED BEFORE NOVEMBER 1, 1995.—Section ‘‘(I) a written certification stating, under right Royalty Judges in accordance with this 114(g) of title 17, United States Code, as penalty of perjury, that the person meets the subsection and regulations adopted by the amended by subsection (a), is further amend- requirements in clauses (i) through (iii); and Copyright Royalty Judges, or by an indeed by adding at the end the following: ‘‘(II) a true copy of the contract described pendent administrator pursuant to subpara- ‘‘(6) SOUND RECORDINGS FIXED BEFORE NO- in clause (ii). graphs (B) and (C) of section 114(g)(2), shall VEMBER 1, 1995.— ‘‘(C) MULTIPLE CERTIFICATIONS.—Subject to supersede and preempt any State law (in- subparagraph (D), in a case in which more ‘‘(A) PAYMENT ABSENT LETTER OF DIREC- cluding common law) concerning than 1 person described in subparagraph (B) TION.—A nonprofit collective designated by escheatment or abandoned property, or any has met the requirements for a distribution the Copyright Royalty Judges to distribute analogous provision, that might otherwise under subparagraph (A) with respect to a receipts from the licensing of transmissions apply.’’. in accordance with subsection (f) (in this sound recording as of the date that is 10 busi- paragraph referred to as the ‘collective’) ness days before the date on which the dis- SEC. 303. EFFECTIVE DATE. tribution is made, the collective shall divide shall adopt and reasonably implement a pol- (a) IN GENERAL.—Except as provided in icy that provides, in circumstances deter- the 2 percent distribution equally among all subsection (b), this title and the amend- mined by the collective to be appropriate, such persons. for the deduction of 2 percent of all the re- ‘‘(D) OBJECTION TO PAYMENT.—Not later ments made by this title shall take effect on ceipts that are collected from the licensing than 10 business days after the date on which the date of enactment of this Act. of transmissions of a sound recording fixed the collective receives from the artist payee (b) DELAYED EFFECTIVE DATE.—Paragraphs before November 1, 1995, but which is with- a written objection to a distribution made (5)(B) and (6)(E) of section 114(g) of title 17, drawn from the amount otherwise payable pursuant to subparagraph (A), the collective United States Code, as added by section 302, shall cease making any further payment re- under paragraph (2)(D) to the recording art- shall take effect on January 1, 2020. ist or artists featured on the sound recording lating to such distribution. In any case in (or the persons conveying rights in the art- which the collective has made 1 or more dis- TITLE IV—SEVERABILITY ists’ performance in the sound recording), tributions pursuant to subparagraph (A) to a and the distribution of such amount to 1 or person described in subparagraph (B) before SEC. 401. SEVERABILITY. more persons described in subparagraph (B) the date that is 10 business days after the If any provision of this Act or any amend- of this paragraph, after deduction of costs date on which the collective receives from ment made by this Act, or any application of described in paragraph (3) or (4), as applica- the artist payee an objection to such dis- such provision or amendment to any person ble, if each of the following requirements is tribution, the objection shall not affect that or circumstance, is held to be unconstitu- met: person’s entitlement to any distribution ‘‘(i) CERTIFICATION OF ATTEMPT TO OBTAIN A made before the collective ceases such dis- tional, the remainder of the provisions of LETTER OF DIRECTION.—The person described tribution under this subparagraph. this Act and the amendments made by this in subparagraph (B) who is to receive the dis- ‘‘(E) OWNERSHIP OF THE RIGHT TO RECEIVE Act, and the application of the provision or tribution has certified to the collective, PAYMENTS.—To the extent that the collective amendment to any other person or cir- under penalty of perjury, that— determines that a distribution will be made cumstance, shall not be affected.

VerDate Sep 11 2014 02:46 Sep 19, 2018 Jkt 079060 PO 00000 Frm 00057 Fmt 4637 Sfmt 0634 E:\CR\FM\A18SE6.053 S18SEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S6254 CONGRESSIONAL RECORD — SENATE September 18, 2018 AUTHORITY FOR COMMITTEES TO sion of the Senate on Tuesday, Sep- DEPARTMENT OF VETERANS AF- MEET tember 18, 2018, during votes to conduct FAIRS EXPIRING AUTHORITIES Mr. FLAKE. Mr. President, I have 11 a hearing on the following nomina- ACT OF 2018 requests for committees to meet during tions: Tamara Bonzanto, of New Jer- Mr. MCCONNELL. Mr. President, I today’s session of the Senate. They sey, to be an Assistant Secretary (Of- ask unanimous consent that the Sen- have the approval of the Majority and fice of Accountability and Whistle- ate proceed to the immediate consider- Minority leaders. blower Protection), and James Paul ation of S. 3479, introduced earlier Pursuant to rule XXVI, paragraph Gfrerer, of Virginia, to be an Assistant today. 5(a), of the Standing Rules of the Sen- Secretary (Information and Tech- The PRESIDING OFFICER. The ate, the following committees are au- nology), both of the Department of clerk will report the bill by title. thorized to meet during today’s session Veterans Affairs. The bill clerk read as follows: SELECT COMMITTEE ON INTELLIGENCE of the Senate: A bill (S. 3479) to amend title 38, United COMMITTEE ON BANKING, HOUSING, AND URBAN The Select Committee on Intel- States Code, to extend certain expiring pro- AFFAIRS ligence is authorized to meet during visions of law administered by the Secretary The Committee on Banking, Housing, the session of the Senate on Tuesday, of Veterans Affairs, and for other purposes. and Urban Affairs is authorized to September 18, 2018, at 2:30 p.m., to con- The PRESIDING OFFICER. There meet during the session of the Senate duct a closed hearing. being no objection, the Senate pro- on Tuesday, September 18, 2018, at 10 SUBCOMMITTEE ON CYBERSECURITY ceeded to consider the bill. a.m., to conduct a hearing entitled The Subcommittee on Cybersecurity Mr. MCCONNELL. Mr. President, I ‘‘Fintech: Examining Digitization, of the Committee on Armed Services is ask unanimous consent that the bill be Data, and Technology’’. authorized to meet during the session considered read a third time. COMMITTEE ON ENVIRONMENT AND PUBLIC of the Senate on Tuesday, September The PRESIDING OFFICER. Is there WORKS 18, 2018, at 2:30 p.m., to conduct a objection? The Committee on Environment and closed hearing. Without objection, it is so ordered. Public Works is authorized to meet SUBCOMMITTEE ON OCEANS, ATMOSPHERE, The bill was ordered to be engrossed during the session of the Senate on FISHERIES, AND COAST GUARD for a third reading and was read the Tuesday, September 18, 2018, at 9:55 The Subcommittee on Oceans, At- third time. a.m., to conduct a business meeting. mosphere, Fisheries, and Coast Guard Mr. MCCONNELL. Mr. President, I COMMITTEE ON FINANCE of the Committee on Commerce, know of no further debate on the bill. The Committee on Finance is author- Science, and Transportation is author- The PRESIDING OFFICER. If there ized to meet during the session of the ized to meet during the session of the is no further debate, the question is, Senate on Tuesday, September 18, 2018, Senate on Tuesday, September 18, 2018, Shall the bill pass? during votes to conduct a hearing on at 10:30 a.m., to conduct a hearing enti- The bill (S. 3479) was passed, as fol- the following nominations: Michael tled ‘‘Fish Fights: An examination of lows: conflicts over ocean resources.’’ Faulkender, of Maryland, to be an As- S. 3479 sistant Secretary of the Treasury, and f Be it enacted by the Senate and House of Rep- Elizabeth Darling, of Texas, to be Com- PRIVILEGES OF THE FLOOR resentatives of the United States of America in missioner on Children, Youth, and Mr. DONNELLY. Mr. President, I ask Congress assembled, Families, Department of Health and unanimous consent that my defense SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Human Services. fellow, John Galer, be granted floor (a) SHORT TITLE.—This Act may be cited as COMMITTEE ON FOREIGN RELATIONS the ‘‘Department of Veterans Affairs Expir- privileges for the remainder of the ing Authorities Act of 2018’’. The Committee on Foreign Relations 115th Congress. is authorized to meet during the ses- (b) TABLE OF CONTENTS.—The table of con- The PRESIDING OFFICER. Without tents for this Act is as follows: sion of the Senate on Tuesday, Sep- objection, it is so ordered. tember 18, 2018, at 10 a.m., to conduct a Sec. 1. Short title; table of contents. f Sec. 2. References to title 38, United States hearing. Code. COMMITTEE ON FOREIGN RELATIONS DIRECTING THE CLERK OF THE TITLE I—EXTENSIONS OF AUTHORITY The Committee on Foreign Relations HOUSE OF REPRESENTATIVES Subtitle A—Health Care Matters is authorized to meet during the ses- TO MAKE A CORRECTION IN THE sion of the Senate on Tuesday, Sep- ENROLLMENT OF H.R. 6157 Sec. 101. Extension of authority for collection of copayments for hospital Mr. MCCONNELL. Mr. President, I tember 18, 2018, at 10 a.m., to conduct a care and nursing home care. hearing entitled ‘‘Status of U.S.-Russia ask unanimous consent that the Sen- Sec. 102. Extension of requirement to pro- Arms Control Efforts.’’ ate proceed to the immediate consider- vide nursing home care to cer- COMMITTEE ON HEALTH, EDUCATION, LABOR, ation of S. Con. Res. 47. tain veterans with service-con- AND PENSIONS The PRESIDING OFFICER. The nected disabilities. The Committee on Health, Edu- clerk will report the resolution by Sec. 103. Removal of authorization of appro- cation, Labor, and Pensions is author- title. priations to provide assistance ized to meet during the session of the The bill clerk read as follows: and support services for caregivers. Senate on Tuesday, September 18, 2018, A resolution (S. Con. Res. 47) directing the Clerk of the House of Representatives to Sec. 104. Making permanent authority for at 10 a.m., to conduct a hearing enti- recovery from third parties of tled ‘‘Reducing Healthcare Costs: Ex- make a correction in the enrollment of H.R. 6157. cost of care and services fur- amining how transparency can lower nished to veterans with health- There being no objection, the Senate spending and empower patients.’’ plan contracts for non-service- proceeded to consider the resolution. COMMITTEE ON HOMELAND SECURITY AND connected disability. Mr. MCCONNELL. Mr. President, I GOVERNMENTAL AFFAIRS Sec. 105. Extension of authority for transfer ask unanimous consent that the con- The Committee on Homeland Secu- of real property. current resolution be agreed to and the Sec. 106. Extension of authority for pilot rity and Governmental Affairs is au- motion to reconsider be considered program on assistance for child thorized to meet during the session of made and laid upon the table with no care for certain veterans receiv- the Senate on Tuesday, September 18, intervening action or debate. ing health care. 2018, at 10 a.m., to conduct a hearing The PRESIDING OFFICER. Is there Sec. 107. Extension of authority to make grants to veterans service orga- entitled ‘‘The Implications of the Rein- objection? terpretation of the Flores Settlement nizations for transportation of Without objection, it is so ordered. highly rural veterans. Agreement for Border Security and Il- The concurrent resolution (S. Con. legal Immigrations incentives.’’ Sec. 108. Extension of authority for pilot Res. 47) was agreed to. program on counseling in re- COMMITTEE ON VETERANS’ AFFAIRS (The resolution is printed in today’s treat settings for women vet- The Committee on Veterans’ Affairs RECORD under ‘‘Submitted Resolu- erans newly separated from is authorized to meet during the ses- tions.’’) service.

VerDate Sep 11 2014 02:46 Sep 19, 2018 Jkt 079060 PO 00000 Frm 00058 Fmt 4637 Sfmt 0655 E:\CR\FM\A18SE6.054 S18SEPT1 SSpencer on DSKBBXCHB2PROD with SENATE September 18, 2018 CONGRESSIONAL RECORD — SENATE S6255 Sec. 109. Extension of temporary expansion Sec. 165. Extension of authorization of ap- TITLE I—EXTENSIONS OF AUTHORITY of payments and allowances for propriations for adaptive sports Subtitle A—Health Care Matters beneficiary travel in connection programs for disabled veterans SEC. 101. EXTENSION OF AUTHORITY FOR COL- with veterans receiving care and members of the armed LECTION OF COPAYMENTS FOR HOS- from vet centers. forces. PITAL CARE AND NURSING HOME Subtitle B—Benefits Matters Sec. 166. Extension of authority for Advi- CARE. sory Committee on Minority Section 1710(f)(2)(B) is amended by striking Sec. 121. Making permanent authority for Veterans. ‘‘September 30, 2019’’ and inserting ‘‘Sep- temporary expansion of eligi- tember 30, 2020’’. TITLE II—IMPROVEMENT OF HEALTH bility for specially adapted SEC. 102. EXTENSION OF REQUIREMENT TO PRO- housing assistance for certain CARE FROM DEPARTMENT OF VET- VIDE NURSING HOME CARE TO CER- veterans with disabilities caus- ERANS AFFAIRS TAIN VETERANS WITH SERVICE-CON- ing difficulty ambulating. Sec. 201. Treatment of modifications of con- NECTED DISABILITIES. Sec. 122. Extension of authority for specially tracts under Veterans Commu- Section 1710A(d) is amended by striking adapted housing assistive tech- nity Care program. ‘‘September 30, 2019’’ and inserting ‘‘Sep- nology grant program. Sec. 202. Modification of provision requiring tember 30, 2020’’. Sec. 123. Making permanent authority to recognition and acceptance, on SEC. 103. REMOVAL OF AUTHORIZATION OF AP- an interim basis, of credentials PROPRIATIONS TO PROVIDE ASSIST- guarantee payment of principal ANCE AND SUPPORT SERVICES FOR and interest on certificates or and qualifications of health CAREGIVERS. other securities. care providers under commu- Section 1720G is amended by striking sub- Sec. 124. Making permanent authority for nity care program. section (e). calculating net value of real Sec. 203. Expansion of coverage of Veterans SEC. 104. MAKING PERMANENT AUTHORITY FOR property at time of foreclosure. Care Agreements. RECOVERY FROM THIRD PARTIES Sec. 125. Extension of authority relating to Sec. 204. Modification of authority for de- OF COST OF CARE AND SERVICES vendee loans. duction of overpayments for FURNISHED TO VETERANS WITH health care. HEALTH-PLAN CONTRACTS FOR Sec. 126. Making permanent authority to NON-SERVICE-CONNECTED DIS- provide rehabilitation and vo- Sec. 205. Modification of eligibility of ABILITY. cational benefits to members of former members of the Armed Section 1729(a)(2)(E) is amended, in the the Armed Forces with severe Forces for mental and behav- matter preceding clause (i), by striking ‘‘be- injuries or illnesses. ioral health care from the De- fore September 30, 2019,’’. Sec. 127. Extension of authority to enter partment of Veterans Affairs. SEC. 105. EXTENSION OF AUTHORITY FOR TRANS- into agreement with the Na- Sec. 206. Access of health care providers of FER OF REAL PROPERTY. tional Academy of Sciences re- the Department of Veterans Af- Section 8118(a)(5) is amended by striking garding associations between fairs to drug monitoring pro- ‘‘December 31, 2018’’ and inserting ‘‘Sep- diseases and exposure to dioxin grams that do not participate tember 30, 2020’’. and other chemical compounds in the national network. SEC. 106. EXTENSION OF AUTHORITY FOR PILOT in herbicides. Sec. 207. Elimination of report on activities PROGRAM ON ASSISTANCE FOR and proposals involving con- CHILD CARE FOR CERTAIN VET- Subtitle C—Homeless Veterans Matters tracting for performance by ERANS RECEIVING HEALTH CARE. Sec. 141. Extension of authority for home- contractor personnel of work (a) EXTENSION.—Subsection (e) of section 205 of the Caregivers and Veterans Omnibus less veterans reintegration pro- previously performed by De- Health Services Act of 2010 (Public Law 111– grams. partment employees. 163; 124 Stat. 1144; 38 U.S.C. 1710 note) is Sec. 142. Extension of authority for home- Sec. 208. Additional report on increased amended by striking ‘‘September 30, 2019’’ less women veterans and home- availability of opioid receptor and inserting ‘‘September 30, 2020’’. less veterans with children re- antagonists. (b) AUTHORIZATION OF APPROPRIATIONS.— integration program. Sec. 209. Expansion of health care assess- Subsection (h) of such section is amended by Sec. 143. Extension of authority for referral ment to include all territories striking ‘‘and 2019’’ and inserting ‘‘2019, and and counseling services for vet- of the United States and the as- 2020’’. erans at risk of homelessness sessment of extended care serv- SEC. 107. EXTENSION OF AUTHORITY TO MAKE transitioning from certain in- ices. GRANTS TO VETERANS SERVICE OR- stitutions. Sec. 210. Authorization of major medical fa- GANIZATIONS FOR TRANSPOR- Sec. 144. Extension of authority for treat- cility project at Department of TATION OF HIGHLY RURAL VET- ment and rehabilitation serv- Veterans Affairs West Los An- ERANS. ices for seriously mentally ill geles Medical Center. Section 307(d) of the Caregivers and Vet- erans Omnibus Health Services Act of 2010 and homeless veterans. Sec. 211. Technical amendments to VA MIS- (Public Law 111–163; 124 Stat. 1154; 38 U.S.C. Sec. 145. Extension of authority for financial SION Act of 2018 and amend- 1710 note) is amended by striking ‘‘2019’’ and assistance for supportive serv- ments made by that Act. inserting ‘‘2020’’. ices for very low-income vet- TITLE III—OTHER MATTERS eran families in permanent SEC. 108. EXTENSION OF AUTHORITY FOR PILOT Sec. 301. Approval of courses of education PROGRAM ON COUNSELING IN RE- housing. TREAT SETTINGS FOR WOMEN VET- Sec. 146. Extension of authority for grant provided by public institutions ERANS NEWLY SEPARATED FROM program for homeless veterans of higher education for pur- SERVICE. with special needs. poses of training and rehabili- (a) EXTENSION.—Subsection (d) of section Sec. 147. Extension of authority for the Ad- tation for veterans with serv- 203 of the Caregivers and Veterans Omnibus visory Committee on Homeless ice-connected disabilities con- Health Services Act of 2010 (Public Law 111– Veterans. ditional on in-State tuition 163; 124 Stat. 1143; 38 U.S.C. 1712A note) is rate for veterans. amended by striking ‘‘September 30, 2019’’ Subtitle D—Other Matters Sec. 302. Corrective action for certain De- and inserting ‘‘September 30, 2020’’. Sec. 161. Extension of authority for trans- partment of Veterans Affairs (b) AUTHORIZATION OF APPROPRIATIONS.— portation of individuals to and employees for conflicts of inter- Subsection (f) of such section is amended by from Department of Veterans est with educational institu- striking ‘‘and 2019’’ and inserting ‘‘2019, and Affairs facilities. tions operated for profit. 2020’’. Sec. 162. Extension of authority for oper- Sec. 303. Modification of compliance require- SEC. 109. EXTENSION OF TEMPORARY EXPAN- ation of the Department of Vet- ments for particular leases re- SION OF PAYMENTS AND ALLOW- erans Affairs regional office in lating to Department of Vet- ANCES FOR BENEFICIARY TRAVEL erans Affairs West Los Angeles IN CONNECTION WITH VETERANS Manila, the Republic of the RECEIVING CARE FROM VET CEN- Philippines. Campus. TERS. Sec. 163. Extension of authority for monthly SEC. 2. REFERENCES TO TITLE 38, UNITED Section 104(a) of the Honoring America’s assistance allowances under the STATES CODE. Veterans and Caring for Camp Lejeune Fami- Office of National Veterans Except as otherwise expressly provided, lies Act of 2012 (Public Law 112–154; 126 Stat. Sports Programs and Special whenever in this Act an amendment or re- 1169), as amended by section 109(a) of the De- Events. peal is expressed in terms of an amendment partment of Veterans Affairs Expiring Au- Sec. 164. Extension of requirement to pro- to, or repeal of, a section or other provision, thorities Act of 2017 (Public Law 115–62; 131 vide reports to Congress regard- the reference shall be considered to be made Stat. 1162), is amended by striking ‘‘Sep- ing equitable relief in the case to a section or other provision of title 38, tember 30, 2018’’ and inserting ‘‘September of administrative error. United States Code. 30, 2019’’.

VerDate Sep 11 2014 02:46 Sep 19, 2018 Jkt 079060 PO 00000 Frm 00059 Fmt 4637 Sfmt 0634 E:\CR\FM\A18SE6.066 S18SEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S6256 CONGRESSIONAL RECORD — SENATE September 18, 2018 Subtitle B—Benefits Matters ing ‘‘September 30, 2019’’ and inserting ‘‘Sep- ‘‘(B) For purposes of subparagraph (A), the SEC. 121. MAKING PERMANENT AUTHORITY FOR tember 30, 2020’’. requirement to enter into consolidated, com- TEMPORARY EXPANSION OF ELIGI- SEC. 145. EXTENSION OF AUTHORITY FOR FINAN- petitively bid contracts shall not restrict the BILITY FOR SPECIALLY ADAPTED CIAL ASSISTANCE FOR SUPPORTIVE authority of the Secretary under other pro- HOUSING ASSISTANCE FOR CERTAIN SERVICES FOR VERY LOW-INCOME visions of law when modifying such a con- VETERANS WITH DISABILITIES VETERAN FAMILIES IN PERMANENT tract after entering into the contract.’’. CAUSING DIFFICULTY AMBULATING. HOUSING. (b) EFFECTIVE DATE.—The amendments Section 2101(a)(4) is amended by striking Section 2044(e)(1) is amended by striking made by subsection (a) shall take effect on ‘‘(A) Except’’ and all that follows through subparagraph (F) and inserting the fol- the effective date specified in section 101(b) ‘‘(B) In each of fiscal years 2014 through 2018, lowing: of the John S. McCain III, Daniel K. Akaka, the Secretary’’ and inserting ‘‘In any fiscal ‘‘(F) $340,000,000 for fiscal year 2018. and Samuel R. Johnson VA Maintaining In- year, the Secretary’’. ‘‘(G) $380,000,000 for fiscal year 2019.’’. ternal Systems and Strengthening Inte- SEC. 122. EXTENSION OF AUTHORITY FOR SPE- SEC. 146. EXTENSION OF AUTHORITY FOR GRANT grated Outside Networks Act of 2018 (Public CIALLY ADAPTED HOUSING ASSIST- PROGRAM FOR HOMELESS VET- Law 115–182). IVE TECHNOLOGY GRANT PROGRAM. ERANS WITH SPECIAL NEEDS. SEC. 202. MODIFICATION OF PROVISION REQUIR- Section 2108(g) is amended by striking Section 2061(d)(1) is amended by striking ING RECOGNITION AND ACCEPT- ‘‘September 30, 2018’’ and inserting ‘‘Sep- ‘‘2019’’ and inserting ‘‘2020’’. ANCE, ON AN INTERIM BASIS, OF tember 30, 2020’’. SEC. 147. EXTENSION OF AUTHORITY FOR THE CREDENTIALS AND QUALIFICATIONS SEC. 123. MAKING PERMANENT AUTHORITY TO ADVISORY COMMITTEE ON HOME- OF HEALTH CARE PROVIDERS GUARANTEE PAYMENT OF PRIN- LESS VETERANS. UNDER COMMUNITY CARE PRO- CIPAL AND INTEREST ON CERTIFI- Section 2066(d) is amended by striking GRAM. CATES OR OTHER SECURITIES. ‘‘September 30, 2018’’ and inserting ‘‘Sep- Section 1703(h)(5)(A) is amended by strik- Section 3720(h) is amended— tember 30, 2022’’. ing ‘‘the date of the enactment’’ and insert- (1) by striking paragraph (2); and ing ‘‘the effective date specified in section (2) by striking ‘‘(1)’’. Subtitle D—Other Matters 101(b)’’. SEC. 124. MAKING PERMANENT AUTHORITY FOR SEC. 161. EXTENSION OF AUTHORITY FOR TRANS- SEC. 203. EXPANSION OF COVERAGE OF VET- CALCULATING NET VALUE OF REAL PORTATION OF INDIVIDUALS TO ERANS CARE AGREEMENTS. PROPERTY AT TIME OF FORE- AND FROM DEPARTMENT OF VET- (a) IN GENERAL.—Section 1703A is amended CLOSURE. ERANS AFFAIRS FACILITIES. by adding at the end the following new sub- Section 3732(c) is amended by striking Section 111A(a)(2) is amended by striking section: paragraph (11). ‘‘September 30, 2019’’ and inserting ‘‘Sep- ‘‘(l) COVERED INDIVIDUAL DEFINED.—In this SEC. 125. EXTENSION OF AUTHORITY RELATING tember 30, 2020’’. section, the term ‘covered individual’ means TO VENDEE LOANS. SEC. 162. EXTENSION OF AUTHORITY FOR OPER- any individual eligible for hospital care, Section 3733(a)(7) is amended— ATION OF THE DEPARTMENT OF medical services, or extended care services (1) in the matter preceding subparagraph VETERANS AFFAIRS REGIONAL OF- under this title or any other law adminis- (A), by striking ‘‘September 30, 2018’’ and in- FICE IN MANILA, THE REPUBLIC OF THE PHILIPPINES. tered by the Secretary.’’. serting ‘‘September 30, 2019’’; and (b) CONFORMING AMENDMENTS.—Section Section 315(b) is amended by striking ‘‘Sep- (2) in subparagraph (C), by striking ‘‘Sep- 1703A is amended— tember 30, 2018’’ and inserting ‘‘September tember 30, 2018,’’ and inserting ‘‘September (1) in subsection (a)(1)— 30, 2019’’. 30, 2019,’’. (A) in subparagraph (A), by striking ‘‘vet- SEC. 126. MAKING PERMANENT AUTHORITY TO SEC. 163. EXTENSION OF AUTHORITY FOR eran’’ each place it appears and inserting PROVIDE REHABILITATION AND VO- MONTHLY ASSISTANCE ALLOW- ‘‘covered individual’’; and CATIONAL BENEFITS TO MEMBERS ANCES UNDER THE OFFICE OF NA- TIONAL VETERANS SPORTS PRO- (B) in subparagraph (C)— OF THE ARMED FORCES WITH SE- (i) by striking ‘‘veteran’’ and inserting VERE INJURIES OR ILLNESSES. GRAMS AND SPECIAL EVENTS. ‘‘covered individual’’; and Section 1631(b) of the Wounded Warrior Act Section 322(d)(4) is amended by striking (ii) by striking ‘‘veteran’s’’ and inserting (title XVI of Public Law 110–181; 10 U.S.C. ‘‘2019’’ and inserting ‘‘2020’’. ‘‘covered individual’s’’; 1071 note) is amended— SEC. 164. EXTENSION OF REQUIREMENT TO PRO- (2) in subsection (e)(2)(B), by striking ‘‘vet- (1) by striking paragraph (2); and VIDE REPORTS TO CONGRESS RE- GARDING EQUITABLE RELIEF IN eran’’ each place it appears and inserting (2) by striking ‘‘(1) IN GENERAL.—’’. THE CASE OF ADMINISTRATIVE ‘‘covered individual’’; SEC. 127. EXTENSION OF AUTHORITY TO ENTER ERROR. (3) in subsection (f)(2)— INTO AGREEMENT WITH THE NA- TIONAL ACADEMY OF SCIENCES RE- Section 503(c) is amended by striking ‘‘De- (A) in subparagraph (C), by striking ‘‘vet- GARDING ASSOCIATIONS BETWEEN cember 31, 2018’’ and inserting ‘‘December 31, erans’’ and inserting ‘‘covered individuals’’; DISEASES AND EXPOSURE TO 2020’’. and DIOXIN AND OTHER CHEMICAL COM- SEC. 165. EXTENSION OF AUTHORIZATION OF AP- (B) in subparagraph (D), by striking ‘‘vet- POUNDS IN HERBICIDES. PROPRIATIONS FOR ADAPTIVE eran’’ and inserting ‘‘covered individual’’; Section 3(i) of the Agent Orange Act of 1991 SPORTS PROGRAMS FOR DISABLED (4) in subsection (g), by striking ‘‘to vet- (Public Law 102–4; 38 U.S.C. 1116 note) is VETERANS AND MEMBERS OF THE erans’’ and inserting ‘‘to covered individ- amended by striking ‘‘September 30, 2018’’ ARMED FORCES. uals’’; and and inserting ‘‘September 30, 2020’’. Section 521A is amended— (5) in subsection (j)— Subtitle C—Homeless Veterans Matters (1) in subsection (g)(1), by striking ‘‘2019’’ (A) by striking ‘‘any veteran’’ and insert- and inserting ‘‘2020’’; and ing ‘‘any covered individual’’; and SEC. 141. EXTENSION OF AUTHORITY FOR HOME- (2) in subsection (l), by striking ‘‘2019’’ and LESS VETERANS REINTEGRATION (B) by striking ‘‘to veterans’’ each place it PROGRAMS. inserting ‘‘2020’’. appears and inserting ‘‘to covered individ- Section 2021(e)(1)(F) is amended by strik- SEC. 166. EXTENSION OF AUTHORITY FOR ADVI- uals’’. ing ‘‘2018’’ and inserting ‘‘2020’’. SORY COMMITTEE ON MINORITY SEC. 204. MODIFICATION OF AUTHORITY FOR DE- VETERANS. SEC. 142. EXTENSION OF AUTHORITY FOR HOME- DUCTION OF OVERPAYMENTS FOR LESS WOMEN VETERANS AND HOME- (a) EXTENSION OF AUTHORITY.—Subsection HEALTH CARE. LESS VETERANS WITH CHILDREN (e) of section 544 is amended by striking Section 1703D(e)(1) is amended— REINTEGRATION PROGRAM. ‘‘September 30, 2018’’ and inserting ‘‘Sep- (1) by striking ‘‘shall’’ and inserting Section 2021A(f)(1) is amended by striking tember 30, 2022’’. ‘‘may’’; and ‘‘2018’’ and inserting ‘‘2020’’. (b) MODIFICATION OF REPORTING REQUIRE- (2) by inserting before the period at the end SEC. 143. EXTENSION OF AUTHORITY FOR REFER- MENT.—Subsection (c)(1) of such section is the following: ‘‘and may use any other RAL AND COUNSELING SERVICES amended, in the matter preceding subpara- means authorized by another provision of FOR VETERANS AT RISK OF HOME- graph (A), by striking ‘‘each year’’ and in- law to correct or recover overpayments’’. LESSNESS TRANSITIONING FROM serting ‘‘every other year’’. SEC. 205. MODIFICATION OF ELIGIBILITY OF CERTAIN INSTITUTIONS. TITLE II—IMPROVEMENT OF HEALTH FORMER MEMBERS OF THE ARMED Section 2023(d) is amended by striking FORCES FOR MENTAL AND BEHAV- ‘‘September 30, 2018’’ and inserting ‘‘Sep- CARE FROM DEPARTMENT OF VET- ERANS AFFAIRS IORAL HEALTH CARE FROM THE DE- tember 30, 2020’’. PARTMENT OF VETERANS AFFAIRS. SEC. 144. EXTENSION OF AUTHORITY FOR TREAT- SEC. 201. TREATMENT OF MODIFICATIONS OF Section 1720I(b)(3) is amended by striking MENT AND REHABILITATION SERV- CONTRACTS UNDER VETERANS COM- ‘‘is not otherwise eligible to enroll’’ and in- ICES FOR SERIOUSLY MENTALLY ILL MUNITY CARE PROGRAM. serting ‘‘is not enrolled’’. AND HOMELESS VETERANS. (a) IN GENERAL.—Section 1703(h)(1) is SEC. 206. ACCESS OF HEALTH CARE PROVIDERS (a) GENERAL TREATMENT.—Section 2031(b) amended— OF THE DEPARTMENT OF VETERANS is amended by striking ‘‘September 30, 2019’’ (1) by striking ‘‘The Secretary shall’’ and AFFAIRS TO DRUG MONITORING and inserting ‘‘September 30, 2020’’. inserting ‘‘(A) The Secretary shall’’; and PROGRAMS THAT DO NOT PARTICI- (b) ADDITIONAL SERVICES AT CERTAIN LOCA- (2) by adding at the end the following new PATE IN THE NATIONAL NETWORK. TIONS.—Section 2033(d) is amended by strik- subparagraph: Section 1730B is amended—

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(1) in subsection (a)— (b) MAJOR MEDICAL FACILITY PROJECT.— (II) in subparagraph (C), by striking ‘‘of (A) in paragraph (1), by inserting ‘‘, or any The major medical facility project described title 38, as added by section 102’’ and insert- individual State or regional prescription in this subsection is the construction of a ing ‘‘of this title’’; and drug monitoring program,’’ after ‘‘pro- new regional food services facility building (III) in subparagraph (H)(i), by striking grams’’; on the campus of the medical center of the ‘‘Department of Veterans Affairs’’ and in- (B) in paragraph (2)(A), by striking ‘‘such Department of Veterans Affairs in West Los serting ‘‘Department’’;and network’’ and inserting ‘‘the national net- Angeles, California, to replace the seis- (iii) in paragraph (4)— work of State-based prescription monitoring mically deficient Building 300, Regional (I) in subparagraph (A)(iii), by inserting programs, or, if providing care in a State Food Service Facility, which is located on ‘‘of this title’’ after ‘‘section 1703C’’; and that does not participate in such national the north campus of the medical center as of (II) in subparagraph (B), by inserting ‘‘of network, an individual State or regional pre- the date of the enactment of this Act. this title’’ after ‘‘section 1703(b)’’; scription drug monitoring program,’’; and SEC. 211. TECHNICAL AMENDMENTS TO VA MIS- (B) in subsection (b)(2)(I), by inserting ‘‘of (C) in paragraph (3), by inserting ‘‘, or any SION ACT OF 2018 AND AMEND- this title’’ after ‘‘section 1706A’’; and individual State or regional prescription MENTS MADE BY THAT ACT. (C) in subsection (c)— drug monitoring program,’’ after programs; (a) TITLE 38.— (i) in paragraph (1), by striking ‘‘such high and (1) ANNUAL REPORT ON PERFORMANCE performing’’ and inserting ‘‘a high-per- (2) in subsection (c)(2) by inserting ‘‘, or AWARDS AND BONUSES.—Section 726(c)(3) is forming’’; and any individual State or regional prescription amended by striking ‘‘, United States Code’’. (ii) in paragraph (3), by inserting ‘‘such’’ drug monitoring program,’’ after ‘‘pro- (2) VETERANS CARE AGREEMENTS.—Section before ‘‘a high-performing’’. grams’’. 1703A(h)(4) is amended by striking ‘‘, United (12) DEPARTMENT OF VETERANS AFFAIRS SPE- SEC. 207. ELIMINATION OF REPORT ON ACTIVI- States Code’’. CIALTY EDUCATION LOAN REPAYMENT PRO- TIES AND PROPOSALS INVOLVING (3) ACCESS STANDARDS.—Section 1703B(i) is GRAM.—Section 7693(a)(1) is amended by CONTRACTING FOR PERFORMANCE amended— striking ‘‘is hired’’ and inserting ‘‘will be eli- BY CONTRACTOR PERSONNEL OF gible for appointment’’. WORK PREVIOUSLY PERFORMED BY (A) by striking ‘‘(1) The term’’ and insert- DEPARTMENT EMPLOYEES. ing ‘‘In this section: (b) VA MISSION ACT.— Section 8110 is amended— ‘‘(1) The term’’; (1) TRAINING PROGRAM FOR ADMINISTRATION (1) by striking subsection (c); and (B) in paragraph (1), by moving subpara- OF NON-DEPARTMENT HEALTH CARE.—Section (2) by redesignating subsections (d), (e), graphs (A) and (B) two ems to the right; 122(a)(2) of the John S. McCain III, Daniel K. and (f) as subsections (c), (d), and (e), respec- (C) by moving paragraph (2) two ems to the Akaka, and Samuel R. Johnson VA Main- tively. right; and taining Internal Systems and Strengthening SEC. 208. ADDITIONAL REPORT ON INCREASED (D) in paragraph (2), by striking ‘‘refers Integrated Outside Networks Act of 2018 AVAILABILITY OF OPIOID RECEPTOR to’’ and inserting ‘‘means’’. (Public Law 115–182) is amended by striking ANTAGONISTS. (4) STANDARDS FOR QUALITY.—Section ‘‘such title’’ and inserting ‘‘title 38, United Section 911(e)(2) of the Jason Simcakoski 1703C(c) is amended— States Code’’. Memorial and Promise Act (Public Law 114– (A) by striking ‘‘(c)(1) The term’’ and in- (2) PROCESSES FOR SAFE OPIOID PRESCRIBING 198; 38 U.S.C. 1701 note) is amended by insert- serting ‘‘(c) DEFINITIONS.— In this section: PRACTICES BY NON-DEPARTMENT PROVIDERS.— ing ‘‘and not later than one year after the ‘‘(1) The term’’; Section 131 of the John S. McCain III, Daniel date of the enactment of the Department of (B) in paragraph (1), by moving subpara- K. Akaka, and Samuel R. Johnson VA Main- Veterans Affairs Expiring Authorities Act of graphs (A) and (B) two ems to the right; taining Internal Systems and Strengthening 2018’’ before ‘‘the Secretary shall’’. (C) by moving paragraph (2) two ems to the Integrated Outside Networks Act of 2018 SEC. 209. EXPANSION OF HEALTH CARE ASSESS- right; and (Public Law 115–182) is amended— MENT TO INCLUDE ALL TERRI- (D) in paragraph (2), by striking ‘‘refers (A) in subsection (c)(1)— TORIES OF THE UNITED STATES AND to’’ and inserting ‘‘means’’. (i) by inserting ‘‘of title 38, United States THE ASSESSMENT OF EXTENDED (5) PROMPT PAYMENT STANDARD.—Section Code,’’ after ‘‘section 1703(a)(2)(A)’’; CARE SERVICES. Section 213 of the John S. McCain III, Dan- 1703D(g)(3) is amended by striking ‘‘of this (ii) by striking ‘‘of this title’’ each place it iel K. Akaka, and Samuel R. Johnson VA Act, as amended by the Caring for Our Vet- appears and inserting ‘‘of this Act’’; and Maintaining Internal Systems and Strength- erans Act of 2018,’’ and inserting ‘‘of this (iii) by inserting ‘‘of such title’’ after ‘‘sec- ening Integrated Outside Networks Act of title’’. tion 1703A(e)(2)(F)’’; and 2018 (Public Law 115–182) is amended— (6) REMEDIATION OF MEDICAL SERVICE (B) in subsection (d), by striking ‘‘covered LINES.—Section 1706A is amended— veterans’’ each place it appears and inserting (1) in the section header, by striking ‘‘PA- (A) in subsection (a), in the matter pre- ‘‘veterans’’. CIFIC TERRITORIES’’ and inserting ‘‘TERRI- ceding paragraph (1), by inserting ‘‘of this (3) PLANS FOR SUPPLEMENTAL APPROPRIA- TORIES OF THE UNITED STATES’’; (2) in subsection (a)— title’’ after ‘‘section 1703(e)(1)’’; and TIONS.—Section 141 of the John S. McCain (A) by striking ‘‘180 days’’ and inserting (B) in subsection (d)(1), by striking ‘‘para- III, Daniel K. Akaka, and Samuel R. Johnson ‘‘270 days’’; and graph (1)’’ and inserting ‘‘subsection (a)’’. VA Maintaining Internal Systems and (B) by striking ‘‘Pacific territories’’ and (7) WALK-IN CARE.—Section 1725A is amend- Strengthening Integrated Outside Networks inserting ‘‘territories of the United States’’; ed— Act of 2018 (Public Law 115–182) is amended (3) in subsection (b)— (A) in subsection (c), by striking ‘‘or other by striking ‘‘Whenever the Secretary’’ and (A) in paragraph (1)— agreement’’ and inserting ‘‘agreement, or inserting ‘‘Whenever the Secretary of Vet- (i) in the matter preceding subparagraph other arrangement’’; and erans Affairs’’. (A), by striking ‘‘Pacific territories’’ and in- (B) in subsection (f)(4), by striking ‘‘Sec- (4) TELEMEDICINE REPORTING REQUIRE- serting ‘‘territories of the United States’’; tion 8153(c)’’ and inserting ‘‘Sections 8153(c) MENT.—Section 151(c)(1) of the John S. and and 1703A(j)’’. McCain III, Daniel K. Akaka, and Samuel R. (ii) by adding at the end the following: (8) AUTHORITY TO RECOVER THE COST OF Johnson VA Maintaining Internal Systems ‘‘(E) Extended care.’’; and SERVICES FURNISHED FOR NON-SERVICE-CON- and Strengthening Integrated Outside Net- (B) in paragraph (2)— NECTED DISABILITIES.—Section 1729(a)(2)(D) is works Act of 2018 (Public Law 115–182) is (i) by striking ‘‘community-based out- amending by striking the period at the end amended by striking ‘‘section 1730B’’ and in- patient clinic’’ and inserting ‘‘medical facil- and inserting ‘‘; or’’. serting ‘‘section 1730C’’. ity’’; and (9) AGREEMENTS WITH STATE HOMES.—Sec- (5) EXPANSION OF FAMILY CAREGIVER PRO- (ii) by striking ‘‘Pacific territory’’ and in- tion 1745(a)(4)(B)(ii)(III) is amended by strik- GRAM.—Section 161(a)(1)(B) of the John S. serting ‘‘territory of the United States’’; and ing ‘‘subchapter V of chapter 17 of this title’’ McCain III, Daniel K. Akaka, and Samuel R. (4) in subsection (c)— and inserting ‘‘this subchapter’’. Johnson VA Maintaining Internal Systems (A) by striking ‘‘Pacific territories’’ and (10) TRANSPLANT PROCEDURES WITH LIVE DO- and Strengthening Integrated Outside Net- inserting ‘‘territories of the United States’’; NORS AND RELATED SERVICES.—Section 1788(c) works Act of 2018 (Public Law 115–182) is (B) by striking ‘‘and’’; and is amended by striking ‘‘this chapter’’ and amended by striking ‘‘such title’’ and insert- (C) by inserting before the period at the inserting ‘‘this title’’. ing ‘‘title 38, United States Code’’. end the following: ‘‘, Puerto Rico, and the (11) QUADRENNIAL VETERANS HEALTH ADMIN- (6) SPECIALTY EDUCATION LOAN REPAYMENT United States Virgin Islands’’. ISTRATION REVIEW.—Section 7330C is amend- PROGRAM.—Section 303 of the John S. McCain ed— III, Daniel K. Akaka, and Samuel R. Johnson SEC. 210. AUTHORIZATION OF MAJOR MEDICAL FACILITY PROJECT AT DEPART- (A) in subsection (a)— VA Maintaining Internal Systems and MENT OF VETERANS AFFAIRS WEST (i) in paragraph (1), by striking ‘‘Secretary Strengthening Integrated Outside Networks LOS ANGELES MEDICAL CENTER. of Veterans Affairs’’ and inserting ‘‘Sec- Act of 2018 (Public Law 115–182) is amended— (a) IN GENERAL.—The Secretary of Vet- retary’’; (A) in subsection (d), by inserting ‘‘of Vet- erans Affairs may carry out the major med- (ii) in paragraph (2)— erans Affairs’’ after ‘‘Department’’; and ical facility project described in subsection (I) in subparagraph (B), by striking ‘‘De- (B) in subsection (e), in the matter pre- (b) in fiscal year 2019, in an amount not to partment of Veterans Affairs’’ and inserting ceding paragraph (1), by striking ‘‘estab- exceed $35,000,000. ‘‘Department’’; lished’’ and inserting ‘‘under subchapter VIII

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of chapter 76 of title 38, United States Code, (b) APPLICABILITY.—The amendments made SEC. 303. MODIFICATION OF COMPLIANCE RE- as enacted’’. by subsection (a) shall apply with respect to QUIREMENTS FOR PARTICULAR (7) VETERANS HEALING VETERANS MEDICAL courses of education provided during a quar- LEASES RELATING TO DEPARTMENT OF VETERANS AFFAIRS WEST LOS ACCESS AND SCHOLARSHIP PROGRAM.—Section ter, semester, or term, as applicable, that be- ANGELES CAMPUS. 304 of the John S. McCain III, Daniel K. gins after March 1, 2019. Section 2(h)(1) of the West Los Angeles Akaka, and Samuel R. Johnson VA Main- SEC. 302. CORRECTIVE ACTION FOR CERTAIN DE- Leasing Act of 2016 (Public Law 114–226) is taining Internal Systems and Strengthening PARTMENT OF VETERANS AFFAIRS amended by striking ‘‘any lease or land-shar- Integrated Outside Networks Act of 2018 EMPLOYEES FOR CONFLICTS OF IN- (Public Law 115–182) is amended— TEREST WITH EDUCATIONAL INSTI- ing agreement at the Campus’’ and inserting (A) in subsection (a), by striking ‘‘covered TUTIONS OPERATED FOR PROFIT. ‘‘any new lease or land-sharing agreement at medical schools’’ and inserting ‘‘covered (a) IN GENERAL.—Section 3683 of title 38, the Campus that is not in compliance with medical school’’; and United States Code, is amended— such laws’’. (B) in subsection (b)— (1) by striking subsection (a) and inserting Mr. MCCONNELL. Mr. President, I (i) in paragraph (2), by striking ‘‘entitled the following: ask unanimous consent that the mo- to’’ and inserting ‘‘concurrently receiving’’; ‘‘(a) DEPARTMENT OFFICERS AND EMPLOY- tion to reconsider be considered made (ii) in paragraph (3), by striking ‘‘2019’’ and EES.—(1) An officer or employee of the De- partment shall receive corrective action or and laid upon the table. inserting ‘‘2020’’; and The PRESIDING OFFICER. Without (iii) in paragraph (6), by striking ‘‘sub- disciplinary action if such officer or em- section (e)’’ and inserting ‘‘subsection (d)’’; ployee— objection, it is so ordered. (C) in subsection (c)— ‘‘(A) has, while serving as such an officer f or employee, owned any interest in, or re- (i) in paragraph (1), by striking ‘‘2019’’ and FORT ONTARIO STUDY ACT inserting ‘‘2020’’; and ceived any wage, salary, dividend, profit, or (ii) in paragraph (3), by striking ‘‘2019’’ and gift from, any educational institution oper- Mr. MCCONNELL. Mr. President, I inserting ‘‘2020’’; ated for profit; or ask unanimous consent that the Sen- (D) in subsection (e), by striking ‘‘2019’’ ‘‘(B) has, while serving as a covered officer ate proceed to the immediate consider- and inserting ‘‘2020’’; and or employee of the Department, received any service from any educational institution op- ation of Calendar No. 147, H.R. 46. (E) in subsection (f), by striking ‘‘Decem- The PRESIDING OFFICER. The ber 31, 2020’’ and inserting ‘‘December 31, erated for profit. 2021’’. ‘‘(2) In this subsection, the term ‘covered clerk will read the bill by title. (8) DEVELOPMENT OF CRITERIA FOR DESIGNA- officer or employee of the Department’ The bill clerk read as follows: TION OF CERTAIN MEDICAL FACILITIES AS UN- means an officer or employee of the Depart- A bill (H.R. 46) to authorize the Secretary DERSERVED FACILITIES AND PLAN TO ADDRESS ment who— of the Interior to conduct a special resource PROBLEM OF UNDERSERVED FACILITIES.—Sec- ‘‘(A) works on the administration of bene- study of Fort Ontario in the State of New tion 401 of the John S. McCain III, Daniel K. fits under chapter 30, 31, 32, 33, 34, 35, or 36 of York. this title; or Akaka, and Samuel R. Johnson VA Main- There being no objection, the Senate taining Internal Systems and Strengthening ‘‘(B) has a potential conflict of interest involving an educational institution operated proceeded to consider the bill, which Integrated Outside Networks Act of 2018 had been reported from the Committee (Public Law 115–182) is amended— for profit, as determined by the Secretary.’’; (A) in subsection (b)(5), by adding ‘‘or the (2) in subsection (b)— on Energy and Natural Resources, with applicable access standards developed under (A) by striking ‘‘If the Secretary’’ and in- an amendment to strike all after the section 1703B of title 38, United States Code’’ serting the following: enacting clause and insert in lieu after ‘‘the wait-time goals of the Depart- ‘‘(b) STATE APPROVING AGENCY EMPLOY- thereof the following: ment’’; and EES.—If the Secretary’’; (B) by striking ‘‘wages, salary, dividends, SECTION 1. SHORT TITLE. (B) in subsection (d)(2)(A), by striking This Act may be cited as the ‘‘Fort Ontario ‘‘section 407’’ and inserting ‘‘section 402’’. profits, gratuities, or services’’ and inserting ‘‘wage, salary, dividend, profit, or gift’’; Study Act’’. (9) PILOT PROGRAM ON GRADUATE MEDICAL (C) by striking ‘‘in which an eligible person SEC. 2. DEFINITIONS. EDUCATION AND RESIDENCY.—Section 403(b)(4) In this Act: of the John S. McCain III, Daniel K. Akaka, or veteran was pursuing a program of edu- (1) SECRETARY.—The term ‘‘Secretary’’ means and Samuel R. Johnson VA Maintaining In- cation or course under this chapter or chap- the Secretary of the Interior. ternal Systems and Strengthening Inte- ter 34 or 35 of this title’’; (2) STUDY AREA.—The term ‘‘study area’’ grated Outside Networks Act of 2018 (Public (D) by striking ‘‘terminate the employ- means Fort Ontario in Oswego, New York. Law 115–182) is amended by inserting ment of’’ and inserting ‘‘provide corrective ‘‘under’’ after ‘‘an agreement’’. action or disciplinary action with respect SEC. 3. FORT ONTARIO SPECIAL RESOURCE to’’; and STUDY. (10) DEPARTMENT OF VETERANS AFFAIRS (E) by striking ‘‘while such person is an of- (a) IN GENERAL.—The Secretary shall conduct MEDICAL SCRIBE PILOT PROGRAM.—Section 507 a special resource study of the study area. of the John S. McCain III, Daniel K. Akaka, ficer or employee of the State approving (b) CONTENTS.—In conducting the study under and Samuel R. Johnson VA Maintaining In- agency, or State department of veterans’ af- subsection (a), the Secretary shall— ternal Systems and Strengthening Inte- fairs or State department of education’’ and (1) evaluate the national significance of the grated Outside Networks Act of 2018 (Public inserting ‘‘until the completion of such cor- study area; Law 115–182) is amended— rective action or disciplinary action’’; (2) determine the suitability and feasibility of (A) in subsection (b)(3), by striking ‘‘as de- (3) in subsection (c)— designating the study area as a unit of the Na- termine’’ and inserting ‘‘as determined’’; and (A) by striking ‘‘A State approving agen- tional Park System; (B) in subsection (c)(2)(C), by striking cy’’ and inserting the following: (3) consider other alternatives for preserva- ‘‘speciality’’ and inserting ‘‘specialty’’. ‘‘(c) DISAPPROVAL OF COURSES.—A State approving agency’’; tion, protection, and interpretation of the study TITLE III—OTHER MATTERS (B) by striking ‘‘of Veterans Affairs’’; and area by the Federal Government, State or local SEC. 301. APPROVAL OF COURSES OF EDUCATION (C) by striking ‘‘wages, salary, dividends, government entities, or private and nonprofit or- PROVIDED BY PUBLIC INSTITUTIONS profits, gratuities, or services’’ and inserting ganizations; OF HIGHER EDUCATION FOR PUR- (4) consult with interested Federal agencies, POSES OF TRAINING AND REHABILI- ‘‘wage, salary, dividend, profit, or gift’’; and TATION FOR VETERANS WITH SERV- (4) in subsection (d)— State or local governmental entities, private and ICE-CONNECTED DISABILITIES CON- (A) by striking ‘‘The Secretary may’’ and nonprofit organizations, or any other interested DITIONAL ON IN-STATE TUITION inserting the following: individuals; and RATE FOR VETERANS. ‘‘(d) WAIVER AUTHORITY.—(1) The Secretary (5) identify cost estimates for any Federal ac- (a) IN GENERAL.—Section 3679(c) is amend- may’’; quisition, development, interpretation, oper- ed— (B) by striking ‘‘of Veterans Affairs’’; ation, and maintenance associated with the al- (1) in paragraph (1), by striking ‘‘chapter 30 (C) by striking ‘‘, after reasonable notice ternatives. or 33’’ and inserting ‘‘chapter 30, 31, or 33’’; and public hearings,’’; and (c) APPLICABLE LAW.—The study required (2) in paragraph (2), by adding at the end (D) by adding at the end the following new under subsection (a) shall be conducted in ac- the following new subparagraph: paragraph: cordance with section 100507 of title 54, United ‘‘(C) An individual who is entitled to reha- ‘‘(2) The Secretary shall provide public no- States Code. bilitation under section 3102(a) of this tice of any waiver granted under this sub- (d) REPORT.—Not later than 3 years after the title.’’; section by not later than 30 days after the date on which funds are first made available to (3) in paragraph (3), by striking ‘‘paragraph date on which such waiver is granted.’’. carry out the study under subsection (a), the (2)(A) or (2)(B)’’ and inserting ‘‘paragraph (b) EFFECTIVE DATE.—The amendments Secretary shall submit to the Committee on Nat- (2)(A), (2)(B), or (2)(C)’’; and made by subsection (a) shall take effect on ural Resources of the House of Representatives (4) in paragraph (6), by striking ‘‘chapters the date of the enactment of this Act and and the Committee on Energy and Natural Re- 30 and 33’’ and inserting ‘‘chapters 30, 31, and shall apply with respect to conflicts of inter- sources of the Senate a report that describes— 33’’. est that occur on or after that date. (1) the results of the study; and

VerDate Sep 11 2014 02:46 Sep 19, 2018 Jkt 079060 PO 00000 Frm 00062 Fmt 4637 Sfmt 6333 E:\CR\FM\A18SE6.066 S18SEPT1 SSpencer on DSKBBXCHB2PROD with SENATE September 18, 2018 CONGRESSIONAL RECORD — SENATE S6259 (2) any conclusions and recommendations of The resolutions (S. Res. 638 and S. Mr. HATCH. Mr. President, I ask the Secretary. Res. 639) were agreed to. unanimous consent that the motion to Mr. MCCONNELL. I ask unanimous The preambles were agreed to. reconsider be considered made and laid consent that the committee-reported (The resolutions, with their pre- upon the table. substitute amendment be agreed to and ambles, are printed in today’s RECORD The PRESIDING OFFICER. Without that the bill, as amended, be considered under ‘‘Submitted Resolutions.’’) objection, it is so ordered. read a third time. The resolution (S. Res. 640) was f The PRESIDING OFFICER. Without agreed to. objection, it is so ordered. (The resolution is printed in today’s ORRIN G. HATCH MUSIC MODERNIZATION ACT The committee-reported amendment RECORD under ‘‘Submitted Resolu- in the nature of a substitute was tions.’’) Mr. HATCH. Mr. President, I thank agreed to. f Senators ALEXANDER, WHITEHOUSE, The bill, as amended, was engrossed GRASSLEY, FEINSTEIN, COONS, and KEN- APPOINTMENT for a third reading and was read the NEDY for all of their hard work on this third time. The PRESIDING OFFICER. The important bill. I am touched by this Mr. MCCONNELL. Mr. President, I Chair announces, on behalf of the ma- gesture. I also thank all of the staffs know of no further debate on the bill. jority leader, pursuant to the provi- involved, including those in the cloak- The PRESIDING OFFICER. Is there sions of Public Law 107–12, the re- room, and the legislative counsel for further debate? appointment of the following indi- their assistance. I feel like we have Hearing none, the question is, Shall vidual to serve as a member of the Pub- been really blessed to be able to get the bill pass? lic Safety Officer Medal of Valor Re- this bill through. The bill (H.R. 46), as amended, was view Board: Berl Perdue of Kentucky. The PRESIDING OFFICER. The Sen- passed. The PRESIDING OFFICER. The Sen- ator from Tennessee. Mr. MCCONNELL. I ask unanimous ator from Utah. Mr. ALEXANDER. Mr. President, if consent that the motion to reconsider f the Senator from Utah has concluded his remarks, I would like to say a word be considered made and laid upon the AMENDING THE INTERNAL or two. table. REVENUE CODE OF 1986 The PRESIDING OFFICER. Without We have just passed in the Senate a objection, it is so ordered. Mr. HATCH. Mr. President, I ask bill that is named the Orrin G. Hatch unanimous consent the Senate proceed f Music Modernization Act. It was an to the immediate consideration of Cal- amendment I had offered to the bill, ELKHORN RANCH AND WHITE endar No. 300, H.R. 1551. not Senator HATCH’s amendment. He is RIVER NATIONAL FOREST CON- The PRESIDING OFFICER. The the principal sponsor of the bill, along VEYANCE ACT OF 2017 clerk will report the bill by title. with Senator WHITEHOUSE and 82 Mem- Mr. MCCONNELL. Mr. President, I The senior assistant legislative clerk bers of this body, but I ask that it be ask unanimous consent that the Sen- read as follows: named in his honor. It is fitting be- ate proceed to the immediate consider- A bill (H.R. 1551) to amend the Internal cause it is the most important piece of ation of Calendar No. 87, H.R. 698. Revenue Code of 1986 to modify the credit for legislation in a generation to help The PRESIDING OFFICER. The production from advanced nuclear power fa- make sure songwriters in our country cilities. clerk will report the bill by title. are paid and are paid a fair market The bill clerk read as follows: There being no objection, the Senate value for their work. It is fitting be- proceeded to consider the bill. A bill (H.R. 698) to require a land convey- cause Senator HATCH is a songwriter ance involving the Elkhorn Ranch and the Mr. HATCH. Mr. President, I ask himself and has long been an advocate White River National Forest in the State of unanimous consent that my substitute for musicians. So I can think of no bet- Colorado, and for other purposes. amendment at the desk be considered; ter way to memorialize his four dec- There being no objection, the Senate that the Alexander amendment to it be ades of service in the U.S. Senate than proceeded to consider the bill. agreed to; that my substitute amend- by renaming this legislation the Orrin Mr. MCCONNELL. I ask unanimous ment, as amended, be agreed to; and G. Hatch Music Modernization Act. consent that the bill be considered read that the bill, as amended, be considered Under his leadership, as I just men- a third time and passed and that the read a third time. tioned, the bill gained nearly unani- motion to reconsider be considered The PRESIDING OFFICER. Without mous support in the Senate. It passed made and laid upon the table. objection, it is so ordered. in the House earlier. After its having The PRESIDING OFFICER. Without The amendment (No. 4022) was con- been thoroughly vetted and com- objection, it is so ordered. sidered as follows: promised and changed, it passed unani- The bill (H.R. 698) was ordered to a (Purpose: In the nature of a substitute.) mously. It went to the Senate Judici- third reading, was read the third time, (The amendment is printed in today’s ary Committee, where it was consid- and passed. RECORD under ‘‘Text of Amendments.’’) ered and passed by voice vote. Then, f The amendment (No. 4021) was agreed tonight, it passed by voice vote. to as follows: I join with Senator HATCH in espe- RESOLUTIONS SUBMITTED TODAY (Purpose: To amend the short title) cially thanking the other Senators who Mr. MCCONNELL. Mr. President, I On page 1, line 5, strike ‘‘Music Moderniza- have worked so hard on this, both ask unanimous consent that the Sen- tion Act’’ and insert ‘‘Orrin G. Hatch Music Democrats as well as Republicans— ate now proceed to the en bloc consid- Modernization Act’’. Senator WHITEHOUSE; Senator DURBIN, eration of the following Senate resolu- The amendment, in the nature of a the Assistant Democratic Leader, who tions, which were submitted earlier substitute, as amended, was agreed to. enjoys going to Nashville on a regular today: S. Res. 638, S. Res. 639, and S. The amendments were ordered to be basis and has lots of good stories about Res. 640. engrossed, and the bill to be read a it; and Senator COONS of Delaware. There being no objection, the Senate third time. The bill, which passed the House proceeded to consider the resolutions The bill was read the third time. unanimously and has now passed the en bloc. Mr. HATCH. Mr. President, I know of Senate, will go back to the House be- Mr. MCCONNELL. I ask unanimous no further debate on the bill. cause we have made some changes in consent that the resolutions be agreed The PRESIDING OFFICER. Is there the bill. That is the way the process to, the preambles be agreed to, and the further debate? works. We have stayed in close touch motions to reconsider be considered Hearing none, the bill having been with the House of Representatives as made and laid upon the table, all en read the third time, the question is, we have done this. Representative bloc. Shall the bill pass? DOUG COLLINS and a number of others The PRESIDING OFFICER. Without The bill (H.R. 1551), as amended, was in the House have been really extraor- objection, it is so ordered. passed. dinary leaders in pushing this, so I

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This can GRASSLEY, of Iowa, was on the floor, Mall—that took about an hour and an be a big problem for one of the internet but he had to leave. I join Senator hour back—to teach these kids in the companies because they deal in hun- HATCH in thanking Senator GRASSLEY, afternoons, after school, from 3 to 9 dreds of thousands—millions—of songs, who is the chairman of the Judiciary o’clock. During the day, he would write and songwriters end up everywhere in Committee, for having expedited the songs. Nothing happened until he wrote the world. So finding them is some- consideration of this bill and for hav- a song called ‘‘American Made,’’ which times impossible. That is not good for ing been here to speak about it. almost everybody knows the words to, the songwriter who doesn’t get paid. It Senator GRASSLEY asked me to read and that song has done pretty well. is not good for the streaming company these words on his behalf: To give you an idea of what this bill because it might get sued. The Music Modernization Act will really could mean to most songwriters, let me As I said earlier, half of the revenues help songwriters, artists, publishers, pro- tell you a story. I mentioned that song- in the music industry come from inter- ducers, distributors, and other music indus- writers can be taxi drivers or teachers net songs. This new entity will collect try stakeholders. This bill is the product of or waitresses. They can also be U.S. the royalties each time a song is long and hard negotiations and compromise. Senators, like Senator HATCH, who ac- played. It will look for the songwriter Senators Hatch and Alexander especially— tually has a gold record—maybe two— and hold onto the royalties for 3 years but many other Senators—contributed to this bill. I am pleased to support this bill. to his credit, and he has often cowrit- until the songwriter can be found. As I ten with national songwriters. I had an mentioned, it will help the digital One reason this bill has been success- experience too. music companies because it will reduce ful—and one of the senior members of A few years ago, I was in my home- the number of lawsuits and make it a the staff of the Judiciary Committee town of Maryville, TN. I went into the lot simpler to get a license for a song. was talking to me tonight and said it drugstore, and as I was coming out, Second, the legislation will make was a really remarkable piece of legis- there was this older couple who was sure that songwriters will be paid a fair lation—is that it touches so many of sitting in a pickup truck. market value for their songs by doing the aspects of the creation of music in I asked: How are y’all doing? three things. our country. I think that is true. It is The woman in the pickup truck said: First, it will revise outdated song- a very complex piece of legislation. We are just falling apart together. writer royalty standards. As I men- I asked some of those who were work- It just so happened that over that tioned earlier, go back a century to the ing on it the other day: Will this really weekend, my son, who is in the music days of the player piano. It will replace help the songwriters? The answer was: business, had a group of songwriters at those with a standard of willing seller Yes, it will. our home, and they were writing songs. and willing buyer. What would the song We have been able to get so far be- So I told that story about the lady say- be worth in the free market, not as to cause the songwriters and the pub- ing ‘‘falling apart together’’ to one of the statutory rate that is set today? lishers and the digital music compa- them whose name was Lee Brice, who The second thing the legislation will nies and the broadcasters and the is a well-known songwriter and per- do is to allow ASCAP and BMI—the record labels and others decided to former. two largest performing rights organiza- work together over the last 2 or 3 years Lee Brice said: Hey, we can do some- tions—to present new evidence about on what they agree on instead of on thing with that. the fair market value of a songwriter’s what they disagree. It has taken sev- So he and Billy Montana and John work—like what the performer of the eral years to do this, but I believe it Stone wrote the song ‘‘Falling Apart song might earn for performing the has been worth the effort. Together.’’ song—to a Federal rate court judge What has happened is that the inter- ‘‘Falling Apart Together’’ went on when there is a dispute about what the net has changed the music business in Lee Brice’s album, and it was played a royalties are. the way it has changed politics, other lot. According to Nashville’s custom, I Finally, the third thing it will do to businesses, and the world. More than get a one-fourth royalty for the song make sure songwriters are paid a fairer half the revenues in the music business whenever the song is played. Now, Lee rate is to allow ASCAP and BMI to now come from music that is played is a pretty well-known singer, and you have Federal judges in the Southern over the internet. The legislation is would think those royalties would add District of New York, which is where necessary because the copyright laws up to give me a nice income in addition these cases are heard, to be randomly of our country haven’t kept up with to my salary as a U.S. Senator. I assigned to the cases rather than to the arrival of the internet. In addition checked. In 2016, I reported on my eth- have all of the proceedings before the to that, they were way out of date be- ics form, which I file each year, that same judge. We believe that will fore the internet ever got here. Those my royalties only added up to $101.75. produce a fairer outcome for song- copyright laws haven’t been modern- That was for one-fourth of a record writers. ized since the days of the player piano that was played on an album of a pret- This is a big day for songwriters in a century ago. As a result of that, to- ty well-known singer and writer. Nashville and in Memphis and in Knox- day’s songwriters are often not paid If you are a songwriter in Nashville ville, TN, as well as all over the coun- royalties for their songs when their or anywhere else, you can’t make a liv- try. It is the most important piece of songs are played online, and when they ing on that, but the Orrin G. Hatch legislation in a generation that will are paid, they aren’t paid a fair market Music Modernization Act will help to help make sure songwriters will be, A, value. It has become almost impossible fix that. It will help to make sure song- paid when their songs are played and, for songwriters to make a decent liv- writers are paid a fair market value B, that songwriters will be paid a fair ing. Songwriters in Nashville—and we when their songs are played and that market value. have them all over Tennessee, but they are actually paid when their songs I thank Senator HATCH for his leader- Nashville has thousands of them—are are played. ship on this. Because he led this effort typically taxi drivers, teachers, wait- First, the legislation will make sure and because of his prestige in the Sen- resses who are all working to write songwriters are paid by creating a new ate, we have 82 cosponsors of the legis- their first hits. entity. This is really an elegant solu- lation. We were able to pass it by voice Last Saturday, I was at the Bluebird tion to a complicated problem. This vote tonight after it went through the Cafe, in Nashville, where Senator new licensing entity will make it easi- Judiciary Committee. HATCH has been before. Bob DiPiero er for digital music companies like I would not want anyone to think was there and was playing some of his Spotify or Amazon or Pandora to ob- that because it passed by such a wide

VerDate Sep 11 2014 02:46 Sep 19, 2018 Jkt 079060 PO 00000 Frm 00064 Fmt 4637 Sfmt 0634 E:\CR\FM\G18SE6.051 S18SEPT1 SSpencer on DSKBBXCHB2PROD with SENATE September 18, 2018 CONGRESSIONAL RECORD — SENATE S6261 margin that this was a simple exercise. vided. We couldn’t have done this with- on the floor, some from the Finance It was a very complicated exercise, and out him. Committee. I want to make sure that it was in doubt until about an hour and Frankly, it is always a pleasure to we do a complete job of acknowledging a half ago in terms of whether we work with him. He has such a great their highly professional work in this would be able to do this tonight. Yet sense of humor. He is a tremendous complex and important piece of legisla- we wouldn’t have been able to have musician himself. He plays the piano as tion. As I said, it is the most important done it without Senator HATCH, so I well as anybody I know and, frankly, piece of legislation in a generation to thank him. has done so for a lot of us around here. help make sure that American song- I think it is fitting, as he retires this He has uplifted us with his talents. He writers are paid fairly for their work. year after spending four decades in the is a good guy. I think in Tennessee, and Thank you. Senate, that we name the most impor- especially in Nashville, they are very f tant piece of legislation to help song- lucky to have him as a U.S. Senator. writers in a generation after the Sen- I am grateful to the Senate for allow- ORDERS FOR THURSDAY, SEP- ate’s songwriter, that being the Orrin ing us to get this done. I am grateful TEMBER 20, 2018, AND MONDAY, G. Hatch Music Modernization Act. for my friends on the Democratic side SEPTEMBER 24, 2018 I yield the floor. for opening the door here, and I am Mr. ALEXANDER. Mr. President, I The PRESIDING OFFICER (Mr. CAS- grateful for my friends on the Repub- ask unanimous consent that when the SIDY). The Senator from Utah. lican side, all of whom realize how im- Senate completes its business today, it Mr. HATCH. Mr. President, I want to portant this bill is and how much good adjourn to then convene for pro forma thank my dear colleague from Nash- it is going to do for America and for session only, with no business being ville—really, from Tennessee—for his the music industry—to enlighten us conducted, on Thursday, September 20, very kind remarks. He covered this all, to lift us all during times of dif- at 3 p.m. I further ask that when the really well. ficulty and grief and so forth, and to Senate adjourns on Thursday, Sep- I have had this experience of writing provide the incentives to do even bet- tember 20, it next convene at 3 p.m., pretty nice songs, mainly because of ter in the future than we have done in Monday, September 24, and that fol- my cowriters. I have to say that I was the past. This is an important bill. I lowing the prayer and pledge, the shocked that even though hundreds of am pleased that I have had a role in morning hour be deemed expired, the thousands—even millions—of records helping to pass it. Journal of proceedings be approved to have been sold on some of these songs, I am very grateful to Senator ALEX- date, and the time for the two leaders the songwriters are paid little and in ANDER. He is one of my favorite people be reserved for their use later in the many cases, not paid at all. This will here. I used to chair the Labor and day; further, that the Senate be in a enhance songwriting in America and Human Resources Committee that he period of morning business, with Sen- give songwriters a chance to be able to now chairs. I understand how difficult ators permitted to speak therein for up hopefully make a living, especially the that committee has been. This is great to 10 minutes each, until 5:30 p.m., and good ones, even some who are not nec- and thoughtful legislation, and he has that then, at 5:30 p.m., the Senate pro- essarily in Nashville or Hollywood or done a tremendous job on that com- ceed to the consideration of the Wol- New York or in any number of other mittee. He is one of the great Senators, cott nomination under the previous places. and I am not just saying that because order; finally, that notwithstanding I want to say that we all are very he has helped me on this particular rule XXII, the cloture motions filed lucky to have Senator LAMAR ALEX- bill. I just have to say that I am very during today’s session ripen following ANDER, who is one of our chief advo- grateful to him, grateful for his leader- disposition of the Wolcott nomination. cates in this area. He understands ship in the Senate, and grateful for my The PRESIDING OFFICER. Without these problems. He has lived with these friendship with him and his friendship objection, it is so ordered. problems. He has anguished over them, with me. He is a really wonderful man, and he has played a tremendous role in and he makes a real difference in this f finally getting us to this passed bill. body. This is a very important bill. People I want to thank everybody in the ADJOURNMENT UNTIL THURSDAY, don’t realize it, but they will once this Senate for allowing this to happen. I SEPTEMBER 20, 2018, AT 3 P.M. bill is really utilized the way it is al- am just very, very appreciative and Mr. ALEXANDER. Mr. President, if lowed. would feel badly if I did not at least there is no further business to come be- I can’t say that I am a great song- make that very clear here today. fore the Senate, I ask that it stand ad- writer, although I do have one plat- I yield the floor. journed under the previous order. inum and one gold record and some The PRESIDING OFFICER. The Sen- There being no objection, the Senate, others that will probably go gold and ator from Tennessee. at 6:42 p.m., adjourned until Thursday, platinum. But I can say this: It has Mr. ALEXANDER. Mr. President, I September 20, 2018, at 3 p.m. been one of the most enjoyable, produc- thank the Senator from Utah for his tive, and interesting experiences to remarks. I think we both would feel re- f write songs—for me and for those who miss if we didn’t properly acknowledge CONFIRMATIONS write with me. all of the Senators and especially all of Executive nominations confirmed by All I can say is that I feel really, the staff members who have put in the Senate September 18, 2018: really indebted to everyone in the Sen- such long hours and used such profes- ate and the House for doing this to help sionalism to help with this. We will DEPARTMENT OF DEFENSE spur on the music industry in this come back to the floor next week and JOHN E. WHITLEY, OF VIRGINIA, TO BE AN ASSISTANT SECRETARY OF THE ARMY. country and to get people treated prop- do that properly. erly from a remunerative standpoint. Lindsay Garcia is here with me, as DEPARTMENT OF ENERGY I am grateful for LAMAR ALEXANDER well as Paul McKernan and David CHARLES P. VERDON, OF CALIFORNIA, TO BE DEPUTY ADMINISTRATOR FOR DEFENSE PROGRAMS, NATIONAL and for the leadership that he has pro- Cleary. I see Senator HATCH’s staff is NUCLEAR SECURITY ADMINISTRATION.

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