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

Vol. 165 WASHINGTON, TUESDAY, DECEMBER 17, 2019 No. 204 Senate The Senate met at 10 a.m. and was sary of the passage of the Tax Cuts and IMPEACHMENT called to order by the President pro Jobs Act—December 2017—when the Mr. MCCONNELL. Madam President, tempore (Mr. GRASSLEY). biggest tax cut in the history of the all signs seem to suggest that later f country was passed by the Congress. It this week, the House Democrats are fi- has been very successful. PRAYER nally going to do what many of them The reason I come to honor this sec- have been foreshadowing for 3 years The Chaplain, Dr. Barry C. Black, of- ond anniversary is because polls show now and impeach President Trump. It fered the following prayer: that people don’t realize the benefits of appears that the most rushed, least Let us pray. the tax cuts. Some of them even won- thorough, and most unfair impeach- Eternal God, help us to remember der: Did we get a tax cut? ment inquiry in modern history is Your mighty acts. You are kind and I have some appreciation for that be- about to wind down after just 12 weeks merciful, better to us than we deserve. cause I spent 10 years on an assembly and that its slapdash work product will You feed the sparrows and cause the line in Cedar Falls, IA, and probably if be dumped on us over here in the Sen- Sun to rise. You forgive our sins and I got a 50-cent cut every week, I ate. provide us with strength for every wouldn’t know until the end of the I will have much more to say to our challenge. year that that added up to $250 more in colleagues and to the American people Lord, use our lawmakers today for my pocket. So under the circumstances if and when the House does move Your glory. May they be courteous and of the working men and women of ahead. As we speak today, House kind as they seek to do what is best for America, it might be difficult to know Democrats still have the opportunity this land we love. Remind them that that. to do the right thing for the country they represent the hopes and dreams of Studies show a great benefit to the and avoid setting this toxic new prece- many people. middle-class families from this tax cut. dent. The House can turn back from a Thank You, Lord, for the wonderful Thanks to these historic tax cuts and cliff and not deploy this constitutional things that You continue to do for us reforms, Americans do in fact have remedy of last resort to deliver a pre- all. more money in their paychecks and determined partisan outcome. This We pray in Your loving Name. Amen. their pocketbooks. Individuals and morning, I just want to speak to one f families have more to spend or, if they very specific part of this. want, to save it, and maybe a lot of Over the weekend, the Democratic PLEDGE OF ALLEGIANCE people save for retirement. leader decided to short-circuit the cus- The President pro tempore led the Small businesses and entrepreneurs tomary and collegial process for laying Pledge of Allegiance, as follows: benefit from the tax cut. They have the basic groundwork in advance of a I pledge allegiance to the Flag of the more to invest in their employees and potential impeachment trial. The pref- United States of America, and to the Repub- in their business operations, and they erable path would have been an in-per- lic for which it stands, one nation under God, probably hire more Americans. son conversation, which nonetheless I indivisible, with liberty and justice for all. As a result, we have experienced the still hope to pursue. Instead, he chose f longest U.S. economic expansion in his- to begin by writing me an 11-paragraph letter on Sunday evening, delivering it RESERVATION OF LEADER TIME tory, higher wages, and historically low unemployment—the lowest since by way of the news media, and begin- The PRESIDING OFFICER (Mrs. 1969. ning a cable television campaign a few HYDE-SMITH). Under the previous order, I am proud to say on this 2-year anni- hours later. the leadership time is reserved. versary of the tax reform that it has The Democratic leader’s letter is an The Senator from Iowa. been a resounding success. interesting document from the very be- Mr. GRASSLEY. Madam President, I I yield the floor. ginning. For example, in the second of ask unanimous consent to address the I suggest the absence of a quorum. his 11 paragraphs, our colleague lit- Senate for 1 minute as in morning busi- The PRESIDING OFFICER. The erally misquotes the Constitution. ness. clerk will call the roll. That error actually aligns with our col- The PRESIDING OFFICER. Without The senior assistant legislative clerk league’s apparent confusion about objection, it is so ordered. proceeded to call the roll. some of the deeper questions. I will f Mr. MCCONNELL. Madam President, come back to that in a moment. I ask unanimous consent that the order At first, our colleague’s letter ap- TAX CUTS AND JOBS ACT for the quorum call be rescinded. pears to request that a potential im- Mr. GRASSLEY. Madam President, The PRESIDING OFFICER. Without peachment trial adopt similar proce- this week marks the second anniver- objection, it is so ordered. dures to the Clinton impeachment trial

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

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VerDate Sep 11 2014 01:29 Dec 18, 2019 Jkt 099060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A17DE6.000 S17DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7060 CONGRESSIONAL RECORD — SENATE December 17, 2019 back in 1999. Now, I happen to think Moreover, presumably it will be the Power of Impeachment.’’ Well, there is that is a good idea. The basic proce- House prosecutors’ job to ask for the his problem. That is the role the Con- dural framework of the Clinton im- witnesses they feel they need to make stitution gives, actually, to the House, peachment trial served the Senate and their case. Why does the Democratic not to the Senate. It gives it to the the Nation well, in my view. But the leader here in the Senate want to pre- House. Article I, section 2 says: ‘‘The problem is that while the Democratic determine the House impeachment House of Representatives . . . shall leader notionally says he wants a po- managers’ witness request for them be- have the sole Power of Impeachment.’’ tential 2020 trial to look like 1999, he fore the House has even impeached the It doesn’t sound ambiguous to me. goes on to demand things that would President? Might he—just might he be If my colleague wants to read about break with the 1999 model. coordinating these questions with peo- our responsibilities here in the Senate, In President Clinton’s trial, we han- ple outside the Senate? he needs to turn to the next page. Arti- dled procedural issues in two separate Here is one possible explanation: cle I, section 3 says: ‘‘The Senate shall Senate resolutions that passed at dif- Maybe the House’s public proceedings have the sole Power to try all Impeach- ferent times. The first resolution have left the Democratic leader with ments.’’ We don’t create impeachments passed unanimously before the trial. It the same impression they have left over here; we judge them. sketched out basic things like sched- many of us: that from everything we The House chose this road. It is their uling, opening arguments, and the tim- can tell, House Democrats’ slapdash duty to investigate. It is their duty to ing of a motion to dismiss. Other, more impeachment inquiry has failed to meet the very high bar for undoing the detailed questions about the middle come anywhere near—anywhere near— national election. As Speaker PELOSI and the end of the trial, including the bar for impeaching a duly-elected herself once said, it is the House’s obli- whether any witnesses would be called, President, let alone removing him for gation to ‘‘build an ironclad case to were reserved for a second resolution the first time in American history. So act.’’ That is Speaker PELOSI. ‘‘It is the that was passed in the middle of the those who have been eagerly hoping for House’s obligation to build an ironclad trial itself. As a matter of fact, we impeachment are starting to scramble. case to act.’’ If they fail, they fail. It is passed it only after a number of Demo- Chairman ADAM SCHIFF and House not the Senate’s job to leap into the crats, including Senator SCHUMER him- Democrats actively decided not to go breach and search desperately for ways self, voted to dismiss the case. They to court and pursue potentially useful to get to guilty. That would hardly be got a motion to dismiss before the Sen- witnesses because they didn’t want to impartial justice. ate had even decided whether to depose wait for due process. Indeed, they The fact that my colleague is already a single witness. threatened to impeach the President if desperate to sign up the Senate for new Instead of the tried-and-true 1999 they had to go to court at all. That in- factfinding, which House Democrats model—start the trial and then see how tentional, political decision is the rea- themselves were too impatient to see Senators wish to proceed—the Demo- son why the House is poised to send the through, well, that suggests something cratic leader wants to write a com- Senate the thinnest, least thorough to me. It suggests that even Democrats pletely new set of rules for President Presidential impeachment in our Na- who do not like this President are be- ginning to realize how dramatically in- Trump. He wants one single resolution tion’s history. up front instead of two or however By any ordinary legal standard, what sufficient the House’s rushed process many are needed. He wants to guar- the House Democrats have assembled has been. Well, look, I hope the House of Rep- antee up front that the Senate hear appears to be woefully, woefully inad- resentatives sees that too. If the House from very specific witnesses instead of equate to prove what they want to al- Democrats’ case is this deficient and letting the body evaluate the witness lege. Now the Senate Democratic lead- this thin, the answer is not for the issue after opening arguments and Sen- er would apparently like our Chamber judge and jury to cure it over here in ators’ questions, like back in 1999. to do House Democrats’ homework for Very tellingly, our colleague from the Senate; the answer is that the them. He wants to volunteer the Sen- New York completely omits any mo- House should not impeach on this basis ate’s time and energy on a fishing ex- tions to dismiss the case, like the one in the first place. If the House plows pedition to see whether his own ideas he was happy to vote for himself as a ahead, if this ends up here in the Sen- could make Chairman SCHIFF’s sloppy new Senator back in 1999. ate, we certainly do not need jurors to work more persuasive than Chairman Almost exactly 20 years ago today, start brainstorming witness lists for SCHIFF himself bothered to make it. prior to the Senate trial, Senator the prosecution and demanding to lock This concept is dead wrong. The Senate SCHUMER said this on television—a di- them in before we have even heard is meant to act as judge and jury, to rect quote—this is what he said: opening arguments. hear a trial, not to rerun the entire Certainly any senator, according to the I still believe the Senate should try rules, could move to dismiss, which is done. factfinding investigation because to follow the 1999 model—two resolu- . . . Every day, in criminal and civil courts angry partisans rushed sloppily tions—first thing’s first. The middle throughout America, motions to dismiss are through it. and the end of this process will come The trajectory that the Democratic made. And if a majority vote for that motion later. to dismiss, the procedure could be truncated. leader apparently wants to take us So I look forward to meeting with That was Senator SCHUMER in Janu- down before he has even heard opening the Democratic leader very soon and ary of 1999, but now the same process arguments could set a nightmarish getting our very important conversa- that Senator SCHUMER thought was precedent for our institution. If the tion back on the right foot. good enough for President Clinton, he Senate volunteers ourselves to do (Mr. ROUNDS assumed the Chair.) House Democrats’ homework for them, doesn’t want to afford President f Trump. Go figure. we will only incentivize an endless Look, most people understand what stream of dubious partisan impeach- LEGISLATIVE AGENDA the Democratic leader is really after: ments in the future, and we will invite Mr. MCCONNELL. Mr. President, on He is simply trying to lock in live wit- future Houses to paralyze future Sen- an entirely different matter, there re- nesses. That is a strange request at ates with frivolous impeachments at mains a great deal of outstanding legis- this juncture for a couple of reasons. will. lation the Senate must complete for For one thing, the 1999 version of This misunderstanding about con- the American people before we adjourn Senator SCHUMER vocally opposed hav- stitutional roles brings me back to for the holidays. ing witnesses—even when the question something I raised earlier. The Demo- I was glad to see yesterday’s over- was raised after hours of opening argu- cratic leader’s letter to me, by way of whelming bipartisan vote to advance ments from the lawyers, hours of ques- the press, literally misquoted the Con- the conference report to the 59th con- tions from Senators, and a failed mo- stitution. Senator SCHUMER wrote that secutive National Defense Authoriza- tion to dismiss. How can he have pre- we should exercise ‘‘the Senate’s ‘sole tion Act. We moved it in the Senate by judged that he favors live witnesses so Power of Impeachment’ under the Con- a vote of 76 to 6. strongly this time before the Senate stitution with integrity and dignity.’’ For months, unprecedented partisan even has articles in hand? He attributed to the Senate the ‘‘sole delays threatened a nearly six-decade

VerDate Sep 11 2014 01:29 Dec 18, 2019 Jkt 099060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G17DE6.002 S17DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 17, 2019 CONGRESSIONAL RECORD — SENATE S7061 tradition of expressing Congress’s bi- these realities with a significant in- The list goes on and on. All manner partisan commitment to our national crease in defense funding. Our com- of important priorities will benefit this defense, but with the Senate’s final manders will have more resources to bipartisan legislation. It is not just vote later today, we will finally put modernize force structure, develop cut- about what these bills will continue, it this vital legislation on the President’s ting-edge weapon capabilities, and en- is also about what this legislation will desk. I look forward to voting to pass sure that American servicemembers re- end. the NDAA today by another over- ceive the best training, equipment, and It will take several more big bites whelming bipartisan vote for our serv- support available. It includes much out of the failures of ObamaCare by re- icemembers and the critical missions needed upgrades to the nuclear force pealing more of its burdensome taxes. they carry out. that backs up America’s strategic pos- Already Republicans have repealed the Of course, the Senate needs to follow ture, investments in hypersonic tech- board that ObamaCare set up to micro- up the Defense authorization bill with nologies to keep pace with our biggest manage healthcare and zeroed out the appropriations measures and funding adversaries, and renewed commitments individual mandate penalty. We have our national defense and domestic pri- to our servicemembers and their fami- already done that. Now this legislation orities. Ensuring the Federal Govern- lies here at home. the House will pass today will repeal ment makes careful use of taxpayer But our efforts are about more than even more of ObamaCare’s misguided dollars is an uphill battle by definition. equipping the U.S. military to win a measures such as the medical device So it is critical that we plan in advance fight. The funding bill takes a com- tax and the Cadillac tax. and deliver clarity for the full year prehensive approach to the security of So there are two timeless truths ahead, rather than careen from one the United States and our allies. It will about the appropriations process in di- short-term stopgap to another. This unlock targeted resources for coun- vided government. First, neither side point is especially crucial for our tering the creeping influence of author- will ever get what they would consider Armed Forces. Underwriting the com- itarian powers so military engage- to be perfect bills, but, second, full- mitments we make to the security of ments become less likely in the first year funding definitely beats drifting America’s interests and our allies are place. endlessly from CR to CR. This legisla- the investments we make in a 21st cen- I am particularly proud that, thanks tion we expect the House to send us tury fighting force. to my own efforts, the legislation mod- today satisfies the important priorities Our Nation’s top military com- ernizes the reporting requirements of for the White House, for each of my manders have been crystal clear: This the Hong Kong Policy Act I sponsored colleagues, and for the American peo- requires stable and predictable annual back in 1992. It expands our support for ple. I look forward to supporting it, funding. It is as simple as that. As the democracy in Hong Kong, including and I hope Senators on both sides of Chairman of the Joint Chiefs, General legal support to Hong Kong activists, the aisle will do the same. Milley, put it recently, continuing res- and increases the Countering Russian I suggest the absence of a quorum. olutions are ‘‘a very ineffective and in- Influence Fund. The PRESIDING OFFICER. The efficient use of the taxpayers’ dollars.’’ Of course, our work goes beyond de- clerk will call the roll. The Secretary of Defense hasn’t fense and foreign affairs. We are talk- The senior assistant legislative clerk minced words either: ‘‘Every day that a ing about full-year funding for the Fed- proceeded to call the roll. CR continues is one less day that we eral Government’s domestic work as Mrs. MURRAY. Mr. President, I ask can invest in future capabilities and fu- well, for example, big wins for the unanimous consent that the order for ture technologies.’’ President’s agenda to bring more secu- the quorum call be rescinded. As a simple matter of good govern- rity to the southern border. This year’s The PRESIDING OFFICER. Without ance, avoiding another stopgap CR is funding bills provide another $1.4 bil- objection, it is so ordered. an important step. So I am encouraged lion for the border wall system plus f that the House is preparing to advance more flexibility on location than last CONCLUSION OF MORNING full-year appropriations bills this year’s funding. Despite the efforts of BUSINESS week. Obviously, what is actually in some House Democrats during this these bills certainly matters. So I am process, Presidential authorities to The PRESIDING OFFICER. Morning glad to say the efforts of Chairman transfer necessary funds remain intact. business is closed. SHELBY, Senator LEAHY, and their The bills also fund critical transpor- f counterparts in the House and White tation infrastructure grants and inland LEGISLATIVE SESSION House negotiators have produced a bi- waterways projects. They provide for partisan package of full-year funding our Nation’s continuing fight against measures that will make needed in- the opioid epidemic and help equip NATIONAL DEFENSE AUTHORIZA- vestments in our Nation’s top prior- local authorities and first responders TION ACT FOR FISCAL YEAR ities. combating the scourge of addiction na- 2020—CONFERENCE REPORT—Re- First is a topline increase in funding tionwide. sumed that our national defense requires. For I am very proud and pleased that this The PRESIDING OFFICER. The Sen- the third consecutive year, President legislation also includes Tobacco 21 ate will now resume legislative session. Trump and Republicans in Congress legislation that I introduced with my Under the previous order, the Senate will deliver on our commitment to con- friend from Virginia, Senator KAINE, will resume consideration of the con- tinue rebuilding America’s military this year. Raising the age of pur- ference report to accompany S. 1790, after nearly a decade of forced belt- chasing vaping devices and other to- which will be stated by title. tightening. bacco products to 21 years old nation- The senior assistant legislative clerk As threats to the United States, our wide will take bold, direct action to read as follows: allies, and our interests continue to stem the tide of early nicotine addic- The committee of conference on the votes emerge and evolve, this work is more tion upon our Nation’s youth. of the two Houses on the amendment of the important than ever. America no In another provision I fought to in- House to the bill (S. 1790) to authorize appro- longer stands unchallenged in the clude in this legislation, we will secure priations for fiscal year 2020 for military ac- international system. the pension benefits of nearly 100,000 tivities of the Department of Defense, for As Russia tests the reach of its med- coal miners and their dependents in military construction, and for defense activi- dling influence in Europe and the Mid- Kentucky and across the country. ties of the Department of Energy, to pre- dle East, as China invests heavily in re- Another key section provides hun- scribe military personnel strengths for such shaping the order of the Asia-Pacific dreds of millions of dollars more for fiscal year, and for other purposes, having election security, another step in the met, have agreed that the Senate recede region in its image, a new era of great from its disagreement to the amendment of power competition demands our atten- work by Congress and this administra- the House and agree to the same with an tion and our action. tion to make sure the lapses that took amendment and the House agree to the The defense funding measure the place on the Obama administration’s same, signed by a majority of the conferees House will consider today answers watch in 2016 are not repeated. on the part of both Houses.

VerDate Sep 11 2014 01:29 Dec 18, 2019 Jkt 099060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G17DE6.004 S17DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7062 CONGRESSIONAL RECORD — SENATE December 17, 2019 The PRESIDING OFFICER. The Sen- way of Democratic nominees. I am still What is Leader MCCONNELL afraid of? ator from Washington. waiting for a Democratic nominee to What is President Trump afraid of? The Mrs. MURRAY. Mr. President, I ask the Equal Employment Opportunity truth? But the American people want unanimous consent to address the Sen- Commission after Republicans blocked the truth, and that is why we have ate as in morning business. the renomination of Chai Feldblum asked for witnesses and documents to The PRESIDING OFFICER. Without last year. get at the whole truth and nothing but. objection, it is so ordered. I am deeply disappointed by the inac- This week, the House of Representa- NATIONAL LABOR RELATIONS BOARD tion of the Republicans. I deplore them tives will vote on Articles of Impeach- Mrs. MURRAY. Mr. President, I come to return to the normal process. The ment against the President of the here today to address the current sta- NLRB must not become a playing field United States. If these articles pass the tus of the National Labor Relations for partisan politics. We need to end House, the Constitution dictates that Board and, in particular, how the this obstructionism and fill these seats the Senate serve as a court of impeach- rights of workers are being undermined without any further delay. ment. Conducting an impeachment by Republican obstructionism. You see, Thank you, Mr. President. trial is a tremendously weighty and for decades, Presidents have nomi- I yield the floor. solemn responsibility entrusted to us nated—and Democrats and Republicans I suggest the absence of a quorum. by our Founders. If such a trial is to in the Senate have confirmed—NLRB The PRESIDING OFFICER. The happen, Democrats strongly believe it nominees from both parties in order to clerk will call the roll. must be fair, and the American people ensure the agency can enforce laws The senior assistant legislative clerk must regard it as fair. A fair trial is necessary to protect workers’ rights. proceeded to call the roll. one that allows Senators to get all the Yet, for the first time in the history Mr. SCHUMER. Mr. President, I ask relevant facts and adjudicate the case of the Board, we are now left with zero unanimous consent that the order for impartially. Democratic members on the Board be- the quorum call be rescinded. In the letter I sent to Leader MCCON- The PRESIDING OFFICER. Without cause of Republican inactions. To say NELL, I proposed a very reasonable this is highly problematic is an under- objection, it is so ordered. structure for a fair trial. I have sent statement. We will be left with zero RECOGNITION OF THE MINORITY LEADER that same letter to every one of my Democrats, because, yesterday, Lauren The PRESIDING OFFICER. The colleagues, Democrat and Republican. McFerran’s term expired. Now, Lauren Democratic Leader is recognized. There is a grand tradition in America, McFerran is a dedicated, highly-quali- IMPEACHMENT speedy and fair trials. We want both. fied, and well-respected public servant. Mr. SCHUMER. Mr. President, I just The leader seems obsessed with speedy Despite the repeated requests my col- listened to Leader MCCONNELL’s and wants to throw fair out the win- leagues and I have sent to the White lengthy response to my letter pro- dow. House, President Trump refuses to re- posing the outlines of a fair impeach- To simply repeat the arguments that nominate Ms. McFerran. Last year, Re- ment trial in the Senate. Leader were made in the House and Senate, publicans in the Senate stalled the re- MCCONNELL was apparently upset that when there are witnesses and docu- nomination of another exceptionally I sent him the letter on Sunday, saying ments that could shed light on what qualified nominee to the NLRB, Mark the first step was for the two leaders to actually happened, why not have them? Gaston Pearce. How? Just by simply meet and then discuss a resolution. Let’s hear a single word of answer to refusing to hold the vote—instead, al- Well, if we were allowed to show a that. We have heard none. In fact, the lowing that seat to remain empty. video here on the Senate floor of a Re- Now, workers are confronted with a American people want it as well. A poll publican leader’s appearance on Sean Board made up solely of three Repub- today in the Washington Post/ABC says Hannity’s program last week, it would licans and zero Democrats to serve on 72 percent of Americans want to hear expose the fallacy of his argument. this historically bipartisan agency. these witnesses; 64 percent of Repub- Leader MCCONNELL, unfortunately, That is simply unacceptable. I get licans do. The American people are skipped his first step when he began it—Board members, nominations, fair. They don’t want a coverup. They publicly talking about the rules of a Washington infighting—to many folks, don’t want concealment. This is this may seem like ‘‘inside baseball,’’ Senate trial, telling Hannity that he weighty stuff. but let me explain what this will mean would be taking cues from the White The House has put together a very, for everyday people. When workers House and his idea for how to conduct very strong case that the President stand together to form a union, the a trial long before any conversation— abused his power and wanted to let a NLRB ensures that the election is fair. which he still hasn’t had—with me. My foreign power interfere in our elec- If a worker is fired or unfairly punished letter was intended as a good-faith pro- tions. That goes to the heart of what because they want to join a former posal to kick-start the discussions that our democracy is and what the Found- union, the NLRB is there and tasked Leader MCCONNELL has so far delayed ing Fathers warned against. Now, to with protecting their rights. If a com- in scheduling. I still expect we will sit not allow witnesses to come forward pany refuses to negotiate fairly with down and discuss trial parameters de- who would be able to discuss what ac- unions who are fighting for higher spite his public appearances on FOX tually happened—if we don’t have rates or better benefits or safer work- News, but let me say this: I listened to them, the trial won’t be fair. The four ing conditions, it is the NLRB that the leader’s speech. I did not hear a witnesses we proposed have direct safeguards those rights that have single argument as to why the wit- knowledge of why aid to Ukraine was helped build our country’s middle nesses I suggested should not give tes- delayed, and the administration’s re- class. timony. Impeachment trials, like most quest for Ukraine to conduct two in- Quite frankly, the NLRB is a critical trials, have witnesses. To have none vestigations for political reasons, they worker protections agency, and work- would be an aberration. have direct knowledge of those facts. ers across the country will suffer be- Why is the President so afraid of hav- We don’t know, as I said, what kind cause of the Republicans’ dereliction of ing these witnesses come testify? What of evidence they will present. It may be duty, especially as the Republican are they afraid the witnesses would incriminating. It may be exculpatory. NLRB members are now mired in alle- say? I would like to hear Leader It may influence how Senators vote. It gations of ethics issues. They are pur- MCCONNELL come to the floor and give may not. But they certainly ought to suing an aggressive rulemaking agenda specific reasons why the four witnesses be heard. By virtue of their senior posi- that will gut workers’ rights and are we have asked for should not testify. I tions in the White House, each witness undermining efforts that will enforce do not know what they will say. They we named was directly involved in the protections for workers. It is clear that are President Trump appointees. They events that led to the charges made by workers in this country today cannot might have something exculpatory to the House. afford, now, an imbalanced and increas- say about President Trump, or they We have also proposed subpoenaing ingly partisan NLRB. might not, but they are certainly the certain records, including emails by By the way, that is just the latest ex- four key people who saw exactly what certain key officials that are directly ample of Republicans standing in the was going on. related to the charges brought by the

VerDate Sep 11 2014 01:29 Dec 18, 2019 Jkt 099060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G17DE6.006 S17DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 17, 2019 CONGRESSIONAL RECORD — SENATE S7063 House. I believe these documents are gle argument for why these witness For the first time in decades, Demo- also of great importance to making shouldn’t testify or these documents crats have secured $25 million in gun Senators have the information nec- shouldn’t be produced—unless the violence research at the CDC and NIH, essary to make a fully informed deci- President has something to hide. breaking through what had been a ri- sion, this terribly weighty decision. In the coming weeks, every Senator diculous ban on gun violence research. The House has built a very strong will have a choice: Do they want a fair, Medical research, scientific research, case against the President. Maybe that honest trial that examines all the facts environmental protection, education, is why Leader MCCONNELL doesn’t seem or do they want a trial that doesn’t let and housing programs will all see sig- to want witnesses—at least not to all of the facts come out? nificant increases in federal support. agree to them now. Maybe that is why We will have votes during this pro- Of course, we did not achieve every- the President is afraid, because the ceeding, should the House send it to thing we wanted. I am sorely dis- House case is so strong that they don’t us—when they send it to us. After vot- appointed that we were unable to reach want witnesses who might corroborate ing for it, we will have votes on wheth- an agreement on more resources to it. er these people should testify and clean up PFAS contamination, a toxic The evidence the House put together whether these documents should be chemical that has plagued too many includes public testimony given under made public and part of the trial. communities in my home State of New oath by numerous senior officials ap- The American people will be watch- York and communities across the pointed by President Trump. These are ing. They will be watching. Who is for country. Senate Democrats have done a lot of Trump appointees we are calling, not an open and fair trial? Who is for hid- some partisan Democrat. hard work on this issue. Our dis- ing facts—relevant facts, immediate appointment today will in no way di- Some Republican Senators have said facts? Who is for covering up? that while the charges are serious, minish our resolve to force Congress to I expect to discuss this proposal for a take action on PFAS next year. they haven’t seen enough evidence to fair trial with Leader MCCONNELL, but NATIONAL LABOR RELATIONS BOARD make a decision. That is one of the rea- each individual Senator will have both Yesterday, the term of National sons I proposed subpoenas for these the power and the responsibility to witnesses and documents—all directly Labor Relations Board member Lauren help shape what an impeachment trial McFerran expired. For the first time in relevant—from officials who have yet looks like. to testify under oath during any stage over 35 years, the Nation’s most impor- In Federalist 65, Alexander Hamilton tant labor protection agency is now of the House process. wondered: Senators who oppose this plan will without a single Democratic board have to explain why less evidence is Where else than in the Senate could have member to defend labor rights. been found a tribunal sufficiently dignified, better than more evidence. Let me say For nearly eight decades, the NLRB or sufficiently independent [to serve as a has been the Nation’s top agency fight- that again to every Senator in this court of impeachment]? What other body room, Democrat and Republican: Sen- would be likely to feel CONFIDENCE ing for the protection of workers’ ators who oppose this plan will have to ENOUGH . . . to preserve unawed and rights, including the right to form a explain why less evidence is better uninfluenced, the necessary impartiality? union and collectively bargain for bet- ter wages, benefits, and safer condi- than more evidence, and they are going My colleagues, Leader MCCONNELL: to have to explain that position to a Are you, in Alexander Hamilton’s tions. Over the past three years, as public that is understandably skeptical words, unawed and uninfluenced to President Trump has sought to under- when they see an administration sup- produce the necessary impartiality or mine these protections, Democratic pressing evidence and blocking senior will you participate in a coverup? members of the Board have been cru- officials from telling the truth about Can we live up to Hamilton’s fine cial in pushing back. The NLRB was what they know. words with dignity, independence, and designed to be bipartisan, but I fear Let me repeat this Washington Post/ confidence to preserve the necessary that with Ms. McFerran’s departure, an all-Republican NLRB—without a ABC poll I read about in the paper just impartiality to conduct a fair trial? strong pro-worker, pro-labor voice— this morning. Seventy-one percent of That question should weigh heavily will not stand in the way of President Americans believe the President should upon every single Senator. allow his top aides to testify in a po- Trump’s dismantling of worker protec- APPROPRIATIONS tential Senate trial. Seventy-two per- tions, and may even help accelerate it. cent of Independents and 64 percent of Before the week concludes, we must The President has claimed to be a Republicans—64 percent of Repub- pass legislation to keep the govern- champion for working Americans, but licans—think President Trump should ment open and provide appropriations over the last 3 years, he has shown that allow his top aides to testify in a po- for the following year. Luckily, over he is anything but. From opposing tential Senate trial—7 out of 10 Ameri- the weekend, an agreement was minimum wage increases to reversing cans. reached between appropriators—House rules that protect workers on the job The American people have a wisdom, and Senate, Democrat and Repub- . . . to nominating people like Eugene which seems to be lacking with some of lican—that would see us achieve that Scalia to the Department of Labor and my colleagues, that a trial without goal. Neil Gorsuch to the Supreme Court, witnesses is not a trial. It is a rush to I am proud to report that the final the President has put powerful cor- judgment. It is a sham trial. appropriations agreements includes porate interests before workers’ inter- The American people understand several important Democratic prior- ests. Meanwhile, Senate Republicans that a trial without relevant docu- ities to help American families. have stonewalled Democratic nominees ments is not a fair trial. Again, it is a Democrats have secured more than to the NLRB. Working Americans will desire not for sunlight but for darkness $425 million in election security grants, remember the record as 2020 fast ap- to conceal facts that may well be very nearly double the amount Senate Re- proaches. relevant. publicans reluctantly supported in ear- CHINA The American people understand lier legislation. Last Friday, President Trump an- that if you are trying to conceal evi- Democrats have secured an increase nounced a temporary, partial trade dence and block testimony, it is prob- of $550 million in grants to help offset agreement with China. After 8 months ably not because the evidence is going the cost of childcare for low-income of negotiations, it is stunning how lit- to help your case. It is because you are families. tle this deal achieved for the United trying to cover something up. Democrats have made progress on a States at such a high cost to American President Trump: Are you worried number of fronts to combat climate workers and businesses. about what these witnesses would say? change: Record-level funding for clean In exchange for a drastic reduction in If you are not worried, let them come energy and energy efficiency programs; our leverage, China has made some forward. And if you are worried, we record-level funding to provide clean, short-term assurances to buy more ag- ought to hear from them. electric buses; and increased funding ricultural products from us without Again, the Republican leader went on for climate change science and re- real commitments to end its most ra- for 15, 20 minutes without giving a sin- search. pacious trade practices. It appears that

VerDate Sep 11 2014 01:29 Dec 18, 2019 Jkt 099060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G17DE6.007 S17DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7064 CONGRESSIONAL RECORD — SENATE December 17, 2019 President Trump has ordered a retreat over $23 trillion. We just keep bor- well be completed in the next few while declaring victory. rowing and borrowing, and there is no months. The pipeline will be com- I have been very open about praising end in sight. pleted. Yet we want to jeopardize our President Trump’s tough stance on ne- Under the new budget deal passed by relationship with our allies and with gotiating with China. To succeed in Republicans and Democrats, we are businesses both in Europe and Amer- these high-stakes negotiations, I have borrowing $2.75 billion every day. In ica. urged the President to stay tough and fact, we are borrowing nearly $2 mil- This bill would also drop more sanc- not settle for photo ops or weak deals. lion every minute. tions into the middle of the Syrian I have said that he must be prepared to We spend more on our military than civil war, as well as funding for so- walk away if China refuses to make the next seven largest militaries com- called ‘‘vetted’’ Syrian rebel groups. significant, credible, and enforceable bined. Our Defense Department is so All this would do is prolong the Syrian concessions. large that it took them a decade to civil war and, with it, the humani- But under this new, temporary deal, even figure out how to audit them- tarian suffering and displacement we President Trump is selling the farm for selves. Then they said that the audit have seen in the region. The Syrian a few magic soybeans. By USTR itself would cost over half a billion dol- civil war is largely over. I agree with Lighthizer’s admission, last week’s lars. But then, last year, they arrived President Trump that it is time to deal fails to make significant progress back at square one. After all that ef- come home. on ending China’s worst trade abuses, fort, they said: Well, we just can’t fig- Another problem with our insatiable like intellectual property theft, forced ure it out. It is too big. We can’t audit appetite for more military spending is technology transfers, illegal dumping, the Army, the Navy, the Marines, or that it requires conservatives to make and more. That is not nearly good the Air Force. bad compromises. If you want $40 bil- enough. And I worry that President We spend so much money that the lion in new defense spending, then you Trump, by cutting this small, insub- Department of Defense literally can’t have to give the liberals $40 billion new stantial deal, has made the success of keep track of all of it. We don’t have a domestic spending. If anything, that is future, more difficult negotiations great idea of exactly how much we are the real nature of today’s bipartisan- much more doubtful. wasting because no one can get a grip ship: You can have your money as long I yield the floor. on how much is being spent. as we get our money. The PRESIDING OFFICER (Mr. A few years ago, the Defense Busi- The dirty little secret in Washington SCOTT of Florida). The Senator from ness Board, which is a defense advisory is that there is actually too much com- Kentucky. panel of corporate executives who re- promise. Republicans want more mili- S. 1790 port to the Secretary of Defense, rec- tary spending; Democrats want more Mr. PAUL. Mr. President, we have ommended that the Department of De- welfare money. And with each new before us today the National Defense fense can save $125 billion in adminis- Congress, Congress always chooses to Authorization Act to authorize the trative expenses. spend and borrow more money. programs and policies of the Depart- According to news accounts, that re- For example, this bill provides a new ment of Defense. We will be taking a port scared everyone at the Pentagon, mandatory benefit program: paid pa- vote to finalize this bill shortly. so they buried the report. They even rental leave for all Federal employees, Our national defense is incredibly tried to keep it away from Congress for starting next year. The program will important. It is mandated in the Con- fear that Congress might actually do cost over $3 billion forever—and most stitution. Our national defense is argu- something with it, although I wouldn’t of these programs continue to expand ably Congress’s primary constitutional be holding my breath or too worried. I forever. The program will cost $3 bil- responsibility. am not familiar with Congress ever lion a year, and, of course, there is I have great respect and honor for cutting anything. nothing in the bill that tells how we those in uniform who serve. In fact, I We are set to spend $738 billion on are going to pay for it. So we are going recently introduced a bill to give each the military this year. That is up $22 to have paid leave, everybody, but we soldier who served in the War on Ter- billion from last year. Over the past 6 are going to borrow the money from ror a $2,500 bonus and, at the same years, military spending has risen over China to give this great benefit. time, officially end the war in Afghani- $120 billion. We say that we are for ac- In essence, today, Congress is simply stan. Ending the Afghan war would countability, efficiency, and savings. saying: Add it to my tab; the deficit be save us about $50 billion a year. Yet we keep piling good money after damned. Regardless of how you feel Unfortunately, the bill before us does bad. How can we demand better ac- about the issue, this represents a bet- not end any of our multitude of wars. counting and efficiency when we budg- ter benefit than many working Ameri- The bill before us simply continues the et increases every year? cans enjoy, and it has nothing to do status quo and throws more money To be clear, I support our national with national defense. around the world at conflicts we can’t defense. Supporting our servicemem- Conservatism is more than sup- even begin to fathom. bers is a worthy cause. There are porting military spending at any cost. Before rubberstamping more money, things in this bill that I do support. I We have to do more and make tough it is worth a moment for us to take a am a cosponsor of the bill to eliminate decisions that enable a strong national step back and consider two things. the so-called widow’s tax, and I have defense and a balanced budget. First, we need to ask ourselves whether argued that it is the right thing to do. Many so-called conservatives will borrowing millions of dollars year after We should find the money to pay for it. hail this bloated military spending, year to fuel our appetite for more mili- That is in this bill. but, in truth, there is nothing fiscally tary spending is a wise policy in the I support returning the 101st Air- conservative about borrowing money years ahead. borne at Fort Campbell to its full air from China to pay for our military. In Second, we need to look at how this assault capacity with the return of a fact, I would argue that borrowing bill has been loaded up to carry things combat aviation brigade. That is in money to buy more tanks or planes or only somewhat related or not related this bill. to police the far corners of the Earth at all to national defense. I support giving our servicemembers actually damages our national secu- As I have reminded my colleagues a pay increase. That is in the bill. But rity. often, Admiral Mullen, the former I take issue when Congress adds other Some have argued that our military chairman of the Joint Chiefs of Staff, things to this bill that don’t have any- is hollowed out, exhausted from so said that the national debt was our thing to do with our military. many far-flung conflicts—probably greatest national security threat. His This bill would sanction NATO allies true. They will argue that we must ex- exact wording was ‘‘the most signifi- and potentially American energy com- pand military spending to meet the cant threat to our national security is panies if they have any involvement mission. our debt.’’ That was in 2010. with Nord Stream 2 pipeline. This is a Perhaps we should entertain the op- When he made that remark, our debt pipeline between Russia and Germany. posite argument. Perhaps it is not that was only $13 trillion. Our debt is now The pipeline is basically done. It may our military budget is too small but

VerDate Sep 11 2014 01:29 Dec 18, 2019 Jkt 099060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\A17DE6.001 S17DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 17, 2019 CONGRESSIONAL RECORD — SENATE S7065 that our military mission is too large. and our overspending problem. All of port our servicemembers, their fami- I, for one, hope for a day when Con- this borrowing will continue to cost us lies, and the civilian employees of the gress rediscovers that our constitu- increased interest payments and will Department of Defense who support tional mandate is to defend America hamstring future generations of Ameri- them, including a 3.1-percent pay raise first and only to become involved in cans. Congress has the power to correct for troops and the authorization of a war as a last resort and, even then, course now, and I look forward to number of bonus, special, and incentive America should only become involved working in good faith with the pro- pays to encourage enlistment and reen- in war when Congress has debated and ponents of this legislation. Until that listment in the Armed Forces. done its constitutional duty to declare work can be completed, I have to op- We continue our efforts to eliminate war. pose it. sexual harassment and assault in our Until that day, I will continue to Mr. President, the conference report military. Over the last 12 years, we argue that the only fiscally conserv- accompanying S. 1790 would cause a have legislated nearly 200 changes in ative, fiscally responsible action is to deficit increase of more than $5 billion law to combat sexual assault. In this vote against expanding the military in each of the four consecutive 10-year conference report, we direct the Comp- budget. I encourage my fellow Senators periods beginning in fiscal year 2030. A troller General to assess the implemen- to consider that. benefit that isn’t funded, once put in tation and effectiveness of these re- I yield back. place, will never be taken away or even quirements. The PRESIDING OFFICER. The Sen- reduced. This increase violates section We also include a number of new pro- ator from Wyoming. 3101 of the 2016 budget resolution. visions to continue our fight against Mr. ENZI. Mr. President, I thank my Therefore, I raise a point of order this scourge, including increasing in- colleague for his words. I will add to under section 3101(b) of S. Con. Res. 11, vestigative resources to expedite inves- that, I hope. the concurrent resolution on the budg- tigations, increasing access to Victims’ As we approach the end of the first et for fiscal year 2016. Finally, I ask Legal Counsel and Victim Witness Pro- session of Congress, I think it may be unanimous consent that this point of gram liaisons to support survivors of prudent to look back at some of the order be debatable until the sexual assault, requiring additional news surrounding the current state of postcloture time on the conference re- training for commanders, and requiring the Nation’s budgetary affairs. Unfor- port to accompany S. 1790 expires. more transparency with sexual assault tunately, none of the news is good. The PRESIDING OFFICER. Is there survivors about the progress of court- This past summer, Congress passed objection? martial and administrative processes. the Bipartisan Budget Act of 2019, Without objection, it is so ordered. We also include new provisions to more which increased the last 2 years of the The PRESIDING OFFICER. The Sen- effectively address domestic violence Budget Control Act’s discretionary ator from Rhode Island. and child exploitation. We cannot rest. Mr. REED. Mr. President, I rise to funding caps. The Congressional Budg- We must continue to insist that we do discuss the fiscal year 2020 National et Office tells us that the bill has in- all we can to prevent this scourge from Defense Authorization Act. After sev- creased their forecast of the Nation’s permeating our military forces. eral weeks of debate and negotiation, The conference report also includes projected deficits by $1.7 trillion over the House and Senate Armed Services the Fair Chance Act, which ensures the next 10 years. Committees have completed the con- I will be the first to admit that it is that applicants for positions in the ference report, which addresses critical largely due to mandatory programs, Federal Government and with Federal issues facing our military and our contractors are treated fairly by re- which already have inadequate reve- country’s national security. stricting requests for criminal back- nues. I would like to thank Senator In the fall, we received final tax and ground information until the condi- INHOFE, Chairman SMITH, and Ranking tional offer stage. spending data for fiscal year 2019. The Member THORNBERRY for their thought- As everyone is aware, the conference report showed the deficit for the last fulness, hard work, and cooperation report includes 12 weeks of paid paren- fiscal year was $984 billion, even throughout the process. tal leave for the Federal civilian work- though revenues were greater than This was not an easy conference. force, an important benefit that will ever before. Relative to the size of the There were many difficult issues and help the Federal Government recruit economy, that deficit—an estimated 4.6 differences of opinion that had to be and retain the very best civilian talent. percent of GDP—was the highest since worked through. I think it is safe to The conference report authorizes a 2012. This also marked the fourth con- say that many have misgivings about number of important Army and Air secutive year the deficit increased as a one provision or another, but there are Force programs. The final bill supports share of the economy. These growing so many other positive provisions that funding for 73 UH–6M Blackhawks and deficits at a time of economic strength many will consider a legislative suc- 48 AH–64 Apache helicopters in the should be a warning sign to all. Yet cesses, in my view. That is the art of Army. hardly a whimper was heard. compromise. Overall, it is a very good In addition, the conference bill au- In October, our national debt hit the conference report that helps the mili- thorizes an additional $75.6 million to $23 trillion mark. It was in the papers tary and the American people. Last accelerate the Future Long-Range As- for a while, but interest quickly waned. week, this conference report passed by sault Aircraft Program, which is a top We simply cannot continue down this a vote of 379 to 48 in the House, and I modernization priority for the U.S. path. hope it will have the same strong sup- Army. The agreement also fully sup- I know the bill before us is well-in- port in the Senate. ports upgrading 165 Abrams tanks and tentioned, and it contains many pro- As we consider the conference report, includes an additional $249.2 million to posals that I support. Chairman INHOFE I would like to highlight several areas integrate a medium caliber weapon and Ranking Member REED and our that I am particularly pleased with and system onto the Stryker platform. Armed Services colleagues have address several items that have been of This was an unfunded armor require- worked hard to deliver the Defense au- concern to some Members. ment which we were able to meet. thorization bill, and I commend them In accordance with the budget agree- With regard to the Air Force, the for the work they put into trying to ment, the NDAA conference report au- conference report includes $1 billion for reach agreement with the House. Un- thorizes $658.4 billion for the Depart- 12 additional F–35A aircraft, which was fortunately, CBO tells us this bill will ment of Defense and national security an unfunded requirement for the Air significantly add to our debt both in programs of the Department of Energy, Force, as well as $392 million for 4 addi- the near and long term. This is much $71.5 billion for overseas contingency tional C–130J aircraft to support in- different than the budgetary impact of operations, and $5.3 billion in emer- creased inter-theater airlift capability. the bill the Senate approved earlier gency funding to restore installations The bill also includes language that ex- this year. that were damaged by extreme weather tends the Department’s authority to Ultimately, this bill furthers the and natural disasters. protect critical facilities and assets practice of passing legislation while ig- The conference report includes a from unauthorized operation of un- noring the budget rules of the Senate number of important provisions to sup- manned aircraft.

VerDate Sep 11 2014 01:29 Dec 18, 2019 Jkt 099060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G17DE6.010 S17DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7066 CONGRESSIONAL RECORD — SENATE December 17, 2019 I am pleased the conference agree- last year, the Armed Service Com- Iraq by transitioning funding to endur- ment includes key provisions and au- mittee received hundreds of calls for ing authorities. thorizes critical funding that will help directly from military families. The conference report also includes strengthen naval readiness and sub- Their stories of hardship, photos of the bipartisan Caesar Syria Civilian marine production. This conference re- substandard home conditions, and re- Protection Act, which is intended to port reaffirms that we must maintain a ports of nonresponsive customer serv- help facilitate an end to the conflict in minimum of 11 aircraft carriers to pro- ice by the housing companies spurred Syria and hold responsible those who tect our national interests around the this comprehensive package of reforms. have perpetrated war crimes. Specifi- world and authorizes the first year ap- While this will likely not be the last cally, the bill sanctions foreign persons propriations for the midlife refueling of NDAA to address housing problems, who knowingly provide significant fi- the USS Harry S. Truman. the fiscal year 2020 bill makes a signifi- nancial, material, or technological sup- It continues the construction of two cant first step in several key areas. For port to or knowingly engage in a sig- Virginia-class submarines per year and example, we begin by requiring several nificant transaction with the Syrian supports the nine-boat multiyear con- standards in the ‘‘tenant bill of Government and authorizes the Sec- tract, with an option for a tenth boat, rights.’’ retary of State to provide support to that the Navy and Electric Boat signed We ensure that DOD has a single in- entities conducting criminal investiga- earlier this month. dividual in charge of privatized housing tions, supporting prosecutions, or col- The report also supports full funding and, in the event housing companies lecting evidence against those who for the Columbia-class ballistic missile are found to be responsible for causing have committed war crimes or crimes submarine. medical problems, there will be a way against humanity in Syria. I am particularly pleased that the for families to be compensated appro- With regard to Afghanistan, the bill conference agreement also authorizes priately. Families will now be guaran- extends several authorities to train additional funding to continue to sup- teed access to work order systems and and equip the Afghanistan National port the expansion of the submarine in- see what kind of home they are inhab- Defense and Security Forces. It also dustrial business, as well as workforce iting prior to moving in, much like authorizes the Department of Defense development. consumers get a Carfax report before to provide support for bottom-up, Gov- The conference report further bol- they buy a used car. Companies must ernor of Afghanistan-led reconciliation sters maritime sealift and mobilization now disclose their bonus structures, activities and mandates that the Sec- by reauthorizing the Maritime Admin- document a complaint database made retary of State, in coordination with istration, including authorizing a new by families online, and are prohibited the Secretary of Defense, advocate for cable security fleet program and re- from forcing families to sign nondisclo- the inclusion of Afghan women in on- quiring the Secretary of the Navy to sure agreements. going future negotiations to end the seek to enter into a contract for addi- The DOD must also create and imple- conflict in Afghanistan. It is in the in- tional sealift vessels. ment a standardized formal dispute terest of all parties to forge a nego- Finally, in order to keep our existing resolution process and a uniform lease tiated settlement that brings this con- ships ready for deployment, the con- across all installations. flict to a close while also protecting ference agreement authorizes addi- We still have a long way to go as a U.S. security interests and basic tional funding for Navy ship and sub- Congress to ensure military families human rights. marine depot maintenance to ensure are getting the kinds of quality homes The bill also includes 4,000 additional key shipyard availabilities are not fur- and living conditions they deserve, but special immigrant visas and the exten- ther delayed due to the existing main- the fiscal year 2020 NDAA sets every- sion of the SIV Program so we can con- tenance backlog. one on the right path, and we will con- tinue to honor commitments made to The conference agreement authorizes tinue to be watching both DOD and the our wartime allies in Afghanistan. full funding for the President’s request housing companies. As recent press reports indicate, to continue modernizing our nuclear In another area of importance to the after almost 18 years of combat and ca- deterrence and its triad of delivery safety of all families, after too many pacity building, Afghan military and platforms, which are rapidly aging out. years of status quo, the NDAA includes political institutions are fragile, and This modernization effort began in 2010 a number of new authorities and re- the Taliban remains a serious threat. and will continue for the next 15 to 20 quirements for the DOD to confront its Moreover, terrorist groups like al- years. Our ballistic submarines will use of toxic PFAS chemicals. While we Qaida and ISIS continue to pose a po- begin to age out in the 2030s. Our heavy were ultimately unable to reach an tential threat to the region and be- bombers will be replaced in the 2040s, agreement with the House establishing yond. The Armed Services Committee after having served for over 80 years. new regulations through the Safe and other committees of jurisdiction And our ICBMs will start to be re- Drinking Water Act and other substan- must undertake a comprehensive eval- placed in the 2030s, after having been tial improvements, like cleanup via uation of the causes of the current sit- on alert 24/7, 365-days a year, for over 60 CERCLA and declarations of hazardous uation and help facilitate a thoughtful years. substances, the NDAA does make a way ahead. On the issue of low-yield nuclear number of new changes. For example, The conference report also contains a weapons, while I opposed the deploy- the Department of Defense must phase number of provisions to address the ment of the low-yield submarine bal- out the use of PFAS in firefighting continuing threat of foreign malign in- listic missile in last year’s bill and sup- foams on its installations. The bill re- fluence from Russia and others coun- ported the provision in this year’s stores the National Guard’s access to tries. Deterring and countering this House bill, which again would have defense environmental restoration ac- threat to our democracy is critical prohibited deployment, that provision counts, presses DOD to enter coopera- ahead of the 2020 Presidential elec- was not included in this year’s con- tive agreements with local entities tions. ference report. I maintain that this is contaminated by PFAS chemicals, and The bill requires an update to our one weapon that will not add to our na- extends the ongoing CDC human health strategy for countering Russian malign tional security but would only increase study of PFAS in drinking water. influence, which needs to be better co- the risk of miscalculation with dire With respect to countering the con- ordinated across U.S. Government De- consequences, and regret the House tinued threat by ISIS, the bill extends partments and Agencies, and expands provision was not included in the the train-and-equip programs that un- that strategy to cover China, Iran, and House report. derpin our partnerships with the Syr- other malign actors. Perhaps the most bipartisan topic in ian defense forces and Iraqi security To guard against malign foreign ac- the fiscal year 2020 NDAA was forces, while ensuring appropriate con- tors seeking to gain access to sensitive privatized housing reform. Over 30 pro- gressional oversight of the use of such information through DOD contractors, visions were included to help the De- funds. the conference report includes a provi- fense Department reinvigorate its over- Specific to Iraq, the bill also begins sion that I sponsored to enhance re- sight of housing companies. Over the to normalize security assistance to quirements for DOD contractors and

VerDate Sep 11 2014 01:29 Dec 18, 2019 Jkt 099060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G17DE6.012 S17DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 17, 2019 CONGRESSIONAL RECORD — SENATE S7067 subcontractors to disclose beneficial prohibit U.S. involvement in the civil Jorie Feldman, Patty-Jane Geller, Tom ownership information, including war in Yemen, including arms transfers Goffus, Creighton Greene, Ozge whether companies are subject to for- to the Saudi-led coalition, are not in- Guzelsu, Marta Hernandez, Gary How- eign ownership, control, or influence. cluded in the conference report. The ard, Baher Iskander, Jackie Kerber, The Intelligence authorization bill, civil war in Yemen is the world’s worst Gary Leeling, Greg Lilly, Katie Mag- which is part of the conference report, ongoing humanitarian crisis, and the nus, Kirk McConnell, Keri Lyn also includes key provisions to counter administration should be playing a Michalke, Jackie Modesett, Bill foreign malign influence that have more active and constructive role in Monahan, Mike Noblet, Sean O’Keefe, been of particular interest to me. ending the conflict and achieving a sus- Tony Pankuch, Brad Patou, Jason Pot- First, it authorizes establishing a tainable peace. ter, John Quirk, John Riordan, Arun Foreign Malign Influence Response I strongly support a prohibition on Seraphin, Katherine Sutton, Soleil Center, which would bring together all offensive arms transfers and other of- Sykes, Arthur Tellis, Fiona Tomlin, elements of the intelligence commu- fensive support for the Saudi-led coali- Eric Trager, Dustin Walker, John nity and serve as a primary organiza- tion and will continue working to stop Wason, Tyler Wilkinson, Bob Winkler, tion for analyzing and integrating in- the bloodshed and suffering in Yemen. Gwyneth Woolwine, and Jennie Wright. telligence on foreign malign influence We must redouble our efforts in sup- Thank you. to provide a common operating picture port of the Yemeni people and increase I strongly support this conference across the government. humanitarian assistance. Iran, al- agreement and hope that it will receive The Intelligence authorization bill Qaida, ISIS, and others continue to the support of my colleagues in the also authorizes the Director of Na- benefit from the chaos of this pro- Senate. tional Intelligence to facilitate the es- tracted conflict, and ending the war is I yield the floor. tablishment of an independent, non- in the long-term security interests of The PRESIDING OFFICER. The Sen- profit, Social Media Data and Threat both the United States and Saudi Ara- ator from Maine. Analysis Center to bring tech compa- bia. Ms. COLLINS. Mr. President, I ask nies and researchers together to ana- Stronger U.S. support for peace talks unanimous consent that the following lyze indicators of foreign adversary can and should set the conditions for Senators be permitted to conclude threat networks across social media Yemenis to negotiate a durable peace their remarks before the vote begins: platforms. and for the international community Senator JONES, Senator COLLINS, Sen- Finally, the conference report au- to begin the difficult but critical work ator THUNE, and Senator INHOFE. thorizes funds for research on foreign of restoring stability and basic services The PRESIDING OFFICER. Without objection, it is so ordered. malign influence trends and indicators, to the people of Yemen. These objec- Ms. COLLINS. Thank you. including on foreign weaponization of tives will remain significant priorities The PRESIDING OFFICER. The Sen- ‘‘deepfakes’’—that is, videos or other going forward. ator from Alabama. media that is digitally manipulated by Let me conclude by again thanking Mr. JONES. Mr. President, I want to foreign governments to spread Senator INHOFE for his superb leader- first thank Senator INHOFE and Sen- disinformation. ship and Chairman SMITH for his superb ator REED and their staff for their Turning to Ukraine, the conference leadership of the conference, which is a amazing work on this National Defense report authorizes an increase in fund- very challenging responsibility. They Authorization Act. What we are about ing for the Ukraine Security Assist- discharged it with great skill. I also to accomplish is truly remarkable, not ance Initiative to provide critical aid, thank Ranking Member MAC THORN- only for America but for individuals including lethal assistance, to this BERRY, who was extraordinarily and families. strategic partner to defend itself thoughtful and professional in his de- I am rising today as grateful and as against Russian aggression against its portment, and all the conferees for humbled as I could ever imagine being sovereignty and territorial integrity. their bipartisan support throughout in this Senate Chamber, but I am also With respect to Turkey, the con- the process. This process has been col- just the opposite—I am excited like a ference report prohibits Turkey’s par- legial and has been an example of a kid at Christmas waiting to have the ticipation in the F–35 aircraft program strong piece of legislation that address- final passage of this because it means as long as it possesses the Russian S– es concerns of Members on both sides so much. We are at the finish line, 400 air defense system. It expresses the of the aisle. about to run through the tape in a sense of Congress that Turkey’s pur- I would also like to thank the staffs race, a marathon that so many folks chase of the S–400 system triggers con- of the Senate Armed Services Com- thought we could never finish. I am gressionally mandated sanctions and mittee and the House Armed Services talking about this momentous and his- urges the administration to impose Committee for all their fine work on toric National Defense Authorization those sanctions, which are long over- drafting a thoughtful and comprehen- Act upon which we are about to vote due. sive bill. Their diligent work through- and pass in just a few moments. As everyone is aware, this conference out the NDAA process has been inte- The NDAA includes so many of our report does create a sixth service with- gral in producing the strong bill before collective priorities to bolster the de- in the Air Force for a Space Force. Its us today. fense of our Nation, to modernize our mission will be to deter hostile actions Let me say this: They are not identi- military, and to take care of our serv- in space against the United States and fied enough, in my view. The work they icemembers and their families. But in- its allies. did and continue to do has been su- cluded very deep within this incredibly I would note that the organization perb—absolutely superb. I want to per- thick piece of legislation is a provision created in this conference report is far sonally thank them. Let me thank that has been repeatedly introduced more robust than was originally passed John Bonsell, Elizabeth King, Jen over the past 18 years, but it has never in the Senate bill. I believe this bill Stewart, and Paul Arcangeli for their gotten across that finish line. I am may be trying to do too much, too fast, help. They are the staff directors of the speaking about the Military Widow’s and will require significant oversight. committees in both the House and the Tax Elimination Act. That being said, I do believe the atten- Senate. For the past four decades, the mili- tion we have paid to space and pro- If my colleagues would bear with me, tary widow’s tax has prevented sur- tecting our national security assets in I want to recognize all of our staff viving military spouses from receiving space is vitally important. I will con- members because they don’t get the the full benefits they are owed by the tinue to work on this issue in the com- credit they deserve. Beginning alpha- U.S. Government. Legislation to repeal ing years. betically, Adam Barker, Stephanie this unfair law has been repeatedly in- Finally, with respect to substantive Barna, Jody Bennett, Rick Berger, Au- troduced in Congress for the last 18 provisions, I would like to touch on an gusta Binns-Berkey, Leah Brewer, years, but money and budgets and issue I find very problematic. I am John Bryant, Debbie Chiarello, Carolyn points of order have always won out deeply disappointed that, despite my Chuhta, Jon Clark, Maggie Cooper, over the commitment we have made to strong support, provisions intended to Allen Edwards, Jonathan Epstein, these families.

VerDate Sep 11 2014 01:38 Dec 18, 2019 Jkt 099060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G17DE6.013 S17DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7068 CONGRESSIONAL RECORD — SENATE December 17, 2019 When I introduced it with my friend In their own way, these widows have above, standing at full attention, and and colleague Senator COLLINS earlier also fought to advance the ideals and saluting the Members of this Congress this year, we knew it was going to be values of the Nation we all love so and saying: Thank you. Thank you for an uphill battle. We knew that the much. Instead of becoming bitter or recognizing the ultimate sacrifice I fight had been going on for so long and jaded when learning of this injustice, made for this country. Thank you be- that we faced a steep climb, but we these incredible women worked to cause you have demonstrated a com- took a great deal of strength and moti- make things right. Year after year, mitment to me and my service, and vation from the impacted widows they would gather in Washington to with that final commitment from you, themselves who have fought and advo- meet with Members of the House and the commitment I made to my loved cated for this bill for nearly two dec- the Senate to beg Congress to right ones, the commitment to care for them ades. They have been a regular pres- this wrong, only to be told that as un- even after I am gone, has finally been ence on Capitol Hill, asking year after fair as this may be, eliminating the fulfilled, and I can truly rest in peace. year for Members of Congress to lend widow’s tax would just cost us too To my colleagues in the Senate, by an ear to their cause. I was heart- much. For 18 years, they were told it your vote today, you are doing so much broken when one of them told me they could never get done, but they never more than modernizing our military felt like they were easy to brush off be- ever gave up. providing for the Nation’s defense. By cause they were ‘‘just a bunch of little It kind of reminds me of a movie that your vote today, you are returning old ladies.’’ was one of my favorite movies years their salute—the salute to those brave I was heartbroken when Cathy Mil- ago called ‘‘Network,’’ in which the servicemembers who gave their all in ford said every time she came up here late actor Peter Finch starred as a service to this country. it was like digging up her husband and somewhat crazed newscaster who was Folks, this is a really, really big deal, burying him all over again. so fed up with the state of affairs in and I salute all the Members of this After 18 years without success, yet this country that he implored all those body for their efforts. all the while being told how supportive watching to go to their windows and I yield the floor. The PRESIDING OFFICER. The Sen- Members of Congress are for their serv- throw open the windows and just yell: ator from Maine. ice and sacrifice, time and time again, ‘‘I’m mad as hell, and I’m not going to Ms. COLLINS. Mr. President, I am you could see how disheartening that take it anymore,’’ and they did. delighted to join my friend and col- might be when they would go home That is essentially what these wid- league from Alabama, Senator JONES, emptyhanded. ows did as well. Year after year, they to urge support for the final passage of So when I told them this was the screamed that they were not going to the National Defense Authorization year—Senator COLLINS and I had made take it anymore, and they built mo- Act, which finally—finally—contains it our mission that this was going to be mentum that led to this historic vote repeal of what is commonly called the the year we were finally going to get today. military widow’s tax. this done—there were more than a few I am so glad this fight is finally com- I want to commend Chairman INHOFE of them who were skeptical, but they ing to an end. I am going to miss their and Ranking Member REED for includ- were, of course, always optimistic. regular visits and their friendship. I ing this important provision in the bill We knew we had to fight harder than truly hope they know how much it has and for their excellent job in crafting ever before if we were going to be suc- meant to me and my staff as well. My the legislation overall. cessful. We had to make our case that staff has been all in. Everybody has This significant bill contains numer- this injustice could no longer stand. As been so dedicated and so passionate ous provisions critical to our national we did, one by one, Senators and Mem- about getting this across the finish security and important to the great bers of the House joined this cause line. State of Maine, but right now I want to with us. By summertime, in this body, I am deeply grateful to Senators join my colleague Senator JONES in we had earned an unprecedented num- INHOFE and REED, who have been crit- celebrating and highlighting one long- ber of Senators’ support for this bill. ical to this effort to get this done. fought-for provision, and that is the re- Today, as we are about to vote, there Without them, it would not have been peal of the Survivor Benefit Plan and are over three-fourths of the U.S. Sen- possible. For their support, I am truly Dependency and Indemnity Compensa- ate who have cosponsored this legisla- appreciative. tion offset, commonly referred to as tion. Think of that. In such a partisan More important, I am especially the military widow’s tax. time as we live in right now, in this grateful to my partner in all of this, Let me explain exactly what the moment, three-fourths of the U.S. Sen- Senator COLLINS, whose deeply held problem is. Many military retirees pur- ate has voiced their support. commitment was vital to our success. chase, with their own money, a form of Because of the momentum we built, Today we will celebrate the end to insurance called the Survivor Benefit this is the year, this is the day, we will our four-decades-old fight. We will take Plan. If they subsequently die of a finally honor the commitment we stock in this great achievement to- military-connected illness, their sur- made to these families who have given gether, but tomorrow we must turn our viving spouse qualifies for a depend- everything to our country. This is the attention to the next big issue because ency and indemnity compensation ben- year, this is the day, we will let our ac- there are so many others who need our efit from the VA. tions speak louder than words, the year help, our attention, and our courage to Unfortunately, these two programs we finally put our money where our do the right thing. are offset dollar for dollar for our mili- mouth is when it comes to honoring For now—for now we can celebrate tary families. This makes no sense. our servicemembers and their families. because today those military spouses The retirees are paying for this extra This is the year, this is the day, we fi- who had once proclaimed they were insurance with their own money. nally repeal the widow’s tax once and mad as hell and not going to take it The NDAA will finally remedy this for all. are watching this proceeding with a inequity, this burdensome unfairness, It is, to be candid, difficult to articu- more joyous feeling. These widows are and it will permit as many as 67,000 late what it means to me to be able to watching in the quiet of their homes, surviving spouses, including more than help bring this legislation across the perhaps in the Gallery, many of them 260 in Maine, to begin collecting the finish line for these surviving spouses. grasping a photograph of their loved full survivor benefits they are entitled Their strength, their devotion, and ones, their late husbands, but they all to once it is fully phased in. their grit have made this all possible. have tears in their eyes, saying to each The average offset to the SBP Their loved ones gave what Abraham other and to us in this body: Thank amounts to more than $11,000 per year. Lincoln called ‘‘the last full measure of you because now I am happy as hell That is a significant amount of money devotion’’ to our country, and the con- that I don’t have to take it anymore. that a widow or widower needs to help tinued commitment to that devotion I assure my colleagues that right support their families and themselves. by their surviving spouses is a daily re- now their spouses, those who gave the I would like to again recommend and minder of why I am here, why we are ultimate sacrifice for this country, are thank Senator JONES for his strong ad- all here. watching from that heavenly perch vocacy and unceasing leadership, as

VerDate Sep 11 2014 06:07 Dec 18, 2019 Jkt 099060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G17DE6.015 S17DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 17, 2019 CONGRESSIONAL RECORD — SENATE S7069 well as the countless military spouses Afghanistan. I made the statement: KLOBUCHAR), the Senator from and veteran advocates, the veteran Well, let’s find out where he is, and I Vermont (Mr. SANDERS), and the Sen- service organizations that helped push did. I checked into it and arranged to ator from Massachusetts (Ms. WARREN) this effort over the finish line this go by to see him as I left for Afghani- are necessarily absent. year. stan, but I didn’t see him because on The PRESIDING OFFICER (Mr. This year, these dedicated advocates September 9, 2011, Chris Horton was CRUZ). Are there any other Senators in helped Senator JONES and I secure a killed in action. the Chamber desiring to vote? record number of cosponsors to our bill Now, after all of Jane’s sacrifices in The yeas and nays resulted—yeas 82, to repeal the widow’s tax—78 Senators losing her husband in the line of duty, nays 12, as follows: and 383 House Members. it seemed unimaginable to me that she [Rollcall Vote No. 399 Leg.] As Senator JONES was mentioning, should have to deal with the further YEAS—82 that is phenomenal and shows the pain of a dollar-for-dollar offset in her strong bipartisan support to correct benefits as a Gold Star spouse. So we Alexander Fischer Reed Baldwin Gardner Risch this unfairness. have worked with Jane and the other Barrasso Graham Roberts Often I am reminded by military Gold Star spouses for a long time to Bennet Grassley Rosen commanders of the saying that you re- figure out how we can do this in a re- Blackburn Hassan Rounds Blumenthal Hawley Rubio cruit the soldier, but you retain the sponsible way. That hasn’t been talked Blunt Heinrich family. We have an obligation to make Sasse about so far, but we did it. So it has Boozman Hirono Schatz Brown Hoeven sure we are taking care of our military happened over a period of time. Schumer Burr Hyde-Smith families who have sacrificed so much. Similarly, supporting the Afghan Scott (FL) Cantwell Inhofe I urge all of our colleagues to support partners who sacrificed so much to Capito Jones Scott (SC) final passage of the NDAA and to fi- help us help their country has long Cardin Kaine Shaheen Shelby nally put an end to the military wid- been a bipartisan priority. Everyone Carper King Casey Lankford Sinema ow’s tax. involved in this conference, including Collins Leahy Smith The PRESIDING OFFICER. The Sen- the Department of Defense, recognized Coons Manchin Stabenow ator from Oklahoma. the importance of fixing the medical Cornyn McConnell Sullivan Mr. INHOFE. Mr. President, the vote malpractice issues in a commonsense Cortez Masto McSally Tester we are talking about is to waive the Cotton Menendez Thune fashion. Cramer Merkley Tillis budget point of order that was raised I understand my colleagues’ con- Crapo Moran Udall by Senator ENZI. If the budget point of cerns. We have worked hard to make Cruz Murkowski Van Hollen order is not waived, the NDAA—which Daines Murphy Warner each of these provisions fiscally re- Duckworth Murray I believe is the most significant vote sponsible, and we will continue to do Whitehouse Durbin Perdue Wicker Ernst we pass every year; it has passed for 58 that. Peters Young consecutive years—will be referred There is a document, which nobody Feinstein Portman back to committee. So that is really reads anymore, called the Constitu- NAYS—12 what is at stake here. tion. The Constitution says that our Braun Johnson Paul The budget point of order on the top priorities here should be defending Cassidy Kennedy Romney NDAA is primarily caused by three America. That is what we are supposed Enzi Lee Toomey provisions: first, repealing the widow’s to be doing. Each of these provisions Gillibrand Markey Wyden tax phased in over 3 years. We have enables us to better defend America NOT VOTING—6 been talking about that. That is part of and allows us to take up this bill and Booker Isakson Sanders this point of order; secondly, giving actually pass it for the President to Harris Klobuchar Warren visas to Afghans who work closely with sign. The PRESIDING OFFICER. On this the U.S. military during the war; and, So I urge you to vote to allow this vote, the yeas are 82, the nays are 12. third, allowing military servicemem- bill to move to final passage so that we Three-fifths of the Senators duly cho- bers to file claims for medical mal- can send this legislation to the Presi- sen and sworn having voted in the af- practice. dent’s desk, where he said he would firmative, the motion is agreed to and Now, all three provisions have sig- sign it immediately, and he will. By the point of order falls. nificant bipartisan support. The wid- doing so, it will send a clear message to VOTE ON CONFERENCE REPORT ow’s tax, as was just stated, has 76 co- our troops and adversaries that this The PRESIDING OFFICER. The sponsors in the Senate, 383 in the body is serious about America’s na- question is on adoption of the con- House. tional security. ference report. A vote in this Chamber in late Sep- VOTE ON MOTION TO WAIVE tember to instruct conference on the Mr. DAINES. I ask for the yeas and Mr. President, pursuant to section nays. widow’s tax passed 94 to 0. You might 904 of the Congressional Budget Act of keep that in mind. Anyone who talks The PRESIDING OFFICER. Is there a 1974 and the waiver provisions of appli- sufficient second? now about opposing it actually voted cable budget resolutions, I move to for it back in September. There appears to be a sufficient sec- waive all applicable sections of the act ond. Now, as I mentioned in my remarks and applicable budget resolutions for The clerk will call the roll. last night, I started working to repeal the purpose of the conference report to The senior assistant clerk called the the widow’s tax after being inspired by accompany S. 1790, and I ask for the roll. one of my personal heroes, a young yeas and the nays. lady named Jane Horton. The PRESIDING OFFICER. Is there a Mr. THUNE. The following Senator is I can remember back in September of sufficient second? necessarily absent: the Senator from 2011, I was in a little town north of There appears to be a sufficient sec- Georgia (Mr. ISAKSON). Tulsa, OK—Collinsville, OK—and I was ond. Mr. DURBIN. I announce that the up there talking to people, the normal All postcloture time has expired. Senator from New Jersey (Mr. BOOKER), type of thing we do, going around The question is on agreeing to the the Senator from California (Ms. HAR- speaking with our constituents, and I motion. RIS), the Senator from Minnesota (Ms. recall that is when I first met Jane The clerk will call the roll. KLOBUCHAR), the Senator from Horton. She lived in Collinsville. The bill clerk called the roll. Vermont (Mr. SANDERS), and the Sen- After I had visited for a while with Mr. THUNE. The following Senator is ator from Massachusetts (Ms. WARREN) the group, I commented that I am the necessarily absent: the Senator from are necessarily absent. chairman of the Senate Armed Serv- Georgia (Mr. ISAKSON). The PRESIDING OFFICER. Are there ices Committee, and I am going to be Mr. DURBIN. I announce that the any other Senators in the Chamber de- going to Afghanistan in this next week. Senator from New Jersey (Mr. BOOKER), siring to vote? She said that her husband, Chris Hor- the Senator from California (Ms. HAR- The result was announced—yeas 86, ton, was also right at that moment in RIS), the Senator from Minnesota (Ms. nays 8, as follows:

VerDate Sep 11 2014 01:38 Dec 18, 2019 Jkt 099060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G17DE6.017 S17DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7070 CONGRESSIONAL RECORD — SENATE December 17, 2019 [Rollcall Vote No. 400 Leg.] efits from a strong national defense. Mr. President, I ask unanimous con- YEAS—86 Their lives, their livelihoods, their sent that the names of the Armed Serv- Alexander Fischer Reed freedoms are all because we fight to ices Committee staff that were listed Baldwin Gardner Risch protect them. by Senator REED be placed in the Barrasso Graham Roberts When I go around my State of Okla- RECORD in my statement. Bennet Grassley Romney homa, people think we have the best of Blackburn Hassan Rosen There being no objection, the mate- Blumenthal Hawley Rounds everything militarily. We have the best rial was ordered to be printed in the Blunt Heinrich Rubio people. We have the best soldiers, sail- RECORD, as follows: Boozman Hirono Sasse ors, marines, and airmen. There is no My staff from the Senate Armed Services Brown Hoeven Schatz doubt about it. But we can do better Committee: Burr Hyde-Smith Schumer Cantwell Inhofe Scott (FL) when it comes to giving them the best John Wason, Tom Goffus, Stephanie Barna, Capito Johnson Scott (SC) equipment and the best training. That Greg Lilly, Rick Berger, Marta Hernandez, Cardin Jones Shaheen is what this bill does. It does that. The Jennie Wright, Adam Barker, Augusta Carper Kaine Shelby Binns-Berkey, Al Edwards, Jackie Kerber. Casey Kennedy backbone of a strong national defense Sinema Sean O’Keefe, Tony Pankuch, Brad Patout, Cassidy King is the force—the men and women who Smith Collins Lankford lay their lives on the line each and Jason Potter, J.R. Riordan, Katie Sutton, Coons Leahy Stabenow Eric Trager, Dustin Walker, Otis Winkler, Cornyn Manchin Sullivan every day. Gwyneth Woolwine, Katie Magnus. Cortez Masto McConnell Tester When I travel around, I like to take Arthur Tellis, Leah Brewer, Debbie Cotton McSally Thune some time to meet with the enlisted Chiarello, Gary Howard, Tyler Wilkinson, Tillis Cramer Menendez guys in the mess halls. You can learn John Bryant, Patty-Jane Geller, Baher Crapo Moran Toomey Cruz Murkowski Udall more from them than you can learn Iskander, Keri-Lyn Michalke, Jackie Daines Murphy Van Hollen from some of the brass. They are the Modesett, Soleil Sykes. Duckworth Murray Warner ones who really know what it is that From the minority side: Durbin Perdue Whitehouse we can do to effectively build a strong Jody Bennett, Carolyn Chuhta, Jon Clark, Wicker Ernst Peters national defense. We get to hear what Jonathan Epstein, Jorie Feldman, Creighton Feinstein Portman Young Greene, Ozge Guzelsu, Gary Leeling, Kirk they are worried about. We get to hear NAYS—8 McConnell, Maggie McNamara, Bill how we can support them. Monahan, Mike Noblet, John Quirk, Arun Braun Lee Paul They need the training and equip- Seraphin, Fiona Tomlin. Enzi Markey Wyden ment that makes them the most fear- Gillibrand Merkley Mr. INHOFE. Again, I want to thank some fighting force in the world. This my personal staff, office staff, and floor NOT VOTING—6 bill does that. They need a safe roof staff. Booker Isakson Sanders over their heads and over the heads of Harris Klobuchar Warren We need to pivot to our next task at their families, and this bill does that. hand: funding the Department of De- The conference report was agreed to. They need to know that they have the The PRESIDING OFFICER. The Sen- full support of the U.S. Government fense. This puts financial resources be- ator from Oklahoma. throughout their service. This bill does hind all of the policies we just ap- f that. At the end of the day, we have proved today. Our military leaders have told the MORNING BUSINESS the best military in the world because of our people. We take care of them, Armed Services Committee over and Mr. INHOFE. Mr. President, I ask and that is what this bill is all about. over again—and I have repeated this unanimous consent that the Senate be We are here today because of the several times—that stable, predictable, in a period of morning business, with brave men and women who wear and on-time funding is the most important Senators permitted to speak therein have worn the uniform. We are safe and way Congress can support our national for up to 10 minutes each. prosperous and free because of them. defense. It is now 21⁄2 months into the The PRESIDING OFFICER. Without That is what this bill is all about. new year, and we got it done. objection, it is so ordered. The Senate just passed the Defense To all of my fellow Members here, I Mr. INHOFE. Mr. President, I ask authorization bill for the 59th year in a thank you again for your support of unanimous consent to speak for as row. There isn’t much left around here the national defense authorization bill. much time as I need. that has that kind of longevity. It is a Merry Christmas. The PRESIDING OFFICER. Without testament to the importance of the I yield the floor. objection, it is so ordered. bill. f f It is also a testament to the hard RECESS NATIONAL DEFENSE work of the staff. They worked tire- The PRESIDING OFFICER. Under AUTHORIZATION ACT lessly to bring this conference report to the floor. I want to take just a mo- the previous order, the Senate stands Mr. INHOFE. Mr. President, as I have ment to recognize and thank everyone in recess until 2:15 p.m. reminded you all many times, this is who made this bill possible, starting Thereupon, the Senate, at 1:04 p.m., the 59th straight year we will be pass- with the Armed Services Committee recessed until 2:15 p.m. and reassem- ing the NDAA, the National Defense staff, especially the staff directors, bled when called to order by the Pre- Authorization Bill. It has passed for all John Bonsell for the majority and Liz siding Officer (Mrs. CAPITO). these years in a row because we all King for the minority. They are the f know just how important it is. It is the ones who provided the leadership be- MORNING BUSINESS—Continued most important thing we do around hind the scenes. They did most of the here. We are building on nearly six dec- work. The PRESIDING OFFICER. The Sen- ades of bipartisan support for our Then there is my partner, Senator ator from North Dakota. troops and national security. JACK REED. We are a real team. We f This year, I am glad to say, it is no know how to do things and have SENATOR CRAMER’S MAIDEN different. We all came together to learned over the years how to do things SPEECH produce a conference report that is right. I couldn’t praise him more. In good for all of America. The House fact, we had a lot of obstacles this year Mr. HOEVEN. Madam President, I passed it overwhelmingly; the Senate that we didn’t have before. If it hadn’t rise today because it is my honor to in- passed it overwhelmingly. We voted for been for Senator REED and the staff troduce my colleague, who actually it overwhelmingly yesterday. And the working on it, we wouldn’t have pulled needs no introduction, but for this President says he will sign it imme- this thing off. speech today I have the pleasure to in- diately. I am grateful to the President A few minutes ago, Senator REED troduce KEVIN CRAMER, who will be de- for understanding the importance of read the names of all of the members of livering his official maiden address to this bill. the Armed Services Committee. I want the U.S. Senate. This bill means everything for our to go ahead and get those in my state- I have known KEVIN for many years national security. Every American ben- ment here also. and he has always been an incredibly

VerDate Sep 11 2014 06:07 Dec 18, 2019 Jkt 099060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\A17DE6.003 S17DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 17, 2019 CONGRESSIONAL RECORD — SENATE S7071 diligent worker for the people of North pleased to have him as a colleague in Our children range in ages from 12 to Dakota. He has served our State in the Senate. 38, and that is too long of a story to ex- many different capacities. He served as We both served as members of the plain, but we love and are proud of all tourism director and did a tremendous farm bill conference committee a year of them. job promoting our State, promoting ago and were able to put in place a Our five grandchildren are a little tourism, and, really, promoting the strong farm bill for our farmers and closer in range. They range from 1 to 7, beauty and the history of our State in ranchers. and we love every single one of them— a way that brought a lot of national at- We both work to rein in regulation, Lyla, Beau, Nico, Chet, and Willa— tention and really made a difference in as I said, to grow our economy, and to with all the love any grandparent could terms of tourism for our State. support our military. He is a member come with and with all the love that He also served our State as economic of the Armed Services Committee and God has for us. development director, something that also the Veterans’ Affairs Committee I think it is important for people to is certainly near and dear to my heart. and has already passed a resolution know I am a child of God and a fol- I have always believed that job cre- supporting our veterans with his Battle lower of Jesus, and it informs every- ation is job one, and so, to me, that is of the Bulge resolution, which has been thing that I do, both at home and here the engine that drives the car. KEVIN passed by this body. and throughout life. I think it is important to know a lit- served as the economic development di- These are just a few of the things tle bit about where you come from. I rector under Governor Schafer, my that he has already done as a Member was raised by loving parents. My dad predecessor, and, again, did a fantastic of the U.S. Senate. was a rural electric lineman who never job. He knows the importance of sup- He has been a dedicated public serv- once complained about going out in a porting our farmers and our small busi- ant for the people of North Dakota. He storm to get the lights back on for the nesses, the energy industry, and all the is also a very devoted family man. He farmers of our area. My mother was an things that really make our State go, and his wife Kris have three sons— elder care giver when she wasn’t pump- and he has been a huge part of helping Isaac, Ian, and Abel—and two daugh- ing gas at the local Farmers Union sta- to create an environment in our State ters—Rachel and Annie. They are the proud grandparents of five. Now, I have tion. They did whatever they needed to that, from a tax and a regulatory envi- do to help us kids and to provide for ronment, has been very supportive of him by one. I have six, but this is a competition. So we will see where it our family. We never felt like we need- the growth and development of our ed anything because we didn’t. We were economy and all aspects of our econ- ends up. He has a great family and has been a loved, and we were well cared for and omy—as I say, from ag to energy, to had great examples of culture and work technology, to manufacturing and great partner in the Senate, and, of course, I look forward to continuing to ethic and values that are North Dako- throughout the small business world— tan. and, like me, he is a true champion for work with him. Again, I am very pleased today to in- I think it is important to understand small business. We are big believers troduce Senator KEVIN CRAMER for this where a person comes from, but I want that small business is what makes this speech. to fast forward a little bit to this last economy go. Whether it is North Da- I yield the floor. year. I said I was going to talk a little kota or the United States of America, The PRESIDING OFFICER. The Sen- bit about one of our sons. It was a it is small business that makes our ator from North Dakota. tough campaign. A lot of people think economy go. f that North Dakota is this bright red As Governor, I had the opportunity State and that everyone who runs to appoint KEVIN to our State’s public MAIDEN SPEECH there who is Republican wins. While service commission in 2003, and he fol- Mr. CRAMER. Madam President, a that certainly has been the trend, I lowed that and ran and was elected to very special thanks to my senior Sen- think it is sort of important for people the PSC by the people of North Dakota ator, my great friend, and our former to know that I am the first Republican and served as the public service com- Governor, Senator JOHN HOEVEN. in my lifetime to hold the seat that I missioner for the State until 2012. Cer- In fact, as he went through much of hold right now for the people of North tainly, in that role he was a big part of my speech for me, I thought to myself: Dakota. In fact, the names of the pre- the growth and development of our Why, this is kind of like when I played vious Senators in this lineage are in State. high school basketball in Kindred, and this desk that I stand at. Back in 2000, when I started as Gov- we would be ahead by 20 points and the So it was a tough campaign. I got ernor, we produced less than 100,000 coach would get me off the bench and into the race late. I really didn’t aspire barrels of oil a day. Today, we now say: Go in and try not to screw this to be a Senator. I liked the House of produce more than 1.5 million barrels thing up. That is a little bit how I feel Representatives and still do, but the of oil a day. The only State that pro- right now, but I thank him for the very call came and I answered it. duces more oil than North Dakota is kind introduction. Most of it was true. But what made the year so tough— Texas, and KEVIN was a big part of The idea of a maiden speech a year and, fortunately, it was shorter than building that climate where the indus- into your first term may seem a little most campaign years in the U.S. Sen- try just developed amazing tech- odd, but I actually kind of like the ate—is that I got in late. So it was a nologies and this whole shale play idea. It gives me a year’s worth of op- short year, but in the middle of the came to be. Of course, now the United portunity to reflect, which creates campaign, in the early part of the cam- States is the largest producer of oil and greater clarity about the future and vi- paign, our 35-year-old son Isaac became gas in the world. sion. very ill. He suffered from alcohol-in- So he truly understands that you The first thing I want to say to all of duced liver disease, and we spent a have to help to promote that kind of my colleagues here is thank you for good month and a half in the middle of economic development, but, at the being so welcoming—and I mean all of an already short campaign at his bed- same time, there is a reasonable role them. What they say about the Senate side in intensive care both in Bismarck for regulation and things have to be and the collegiality of it is very true. and in Rochester at the Mayo Clinic. I done right and well and with good envi- It is not just true. It is really impor- say that because it was perhaps one of ronmental stewardship. tant, and it is something worth pre- the hardest 6 or 7 weeks of my life, the Prior to joining me in the Senate, serving. deepest valley of my life, but it was KEVIN served for three terms in the I can honestly say that out of the 99 also one of the most instructive and in- House of Representatives, where we that I have met, I love every one, indi- forming. It was as informing as all worked together on many of our vidually and collectively, and appre- those years in North Dakota in the State’s priorities. We share the same ciate all they have meant to me. State office helping Senator HOEVEN— beliefs in not only our great State but Kris and I have been married for 33 then-Governor HOEVEN—build this dy- in this great country, and we certainly years. We have five children together, namic economy. had a tremendous working relationship and I am going to talk about one in Those several weeks with my son in the House and now, of course, I am particular in a little bit. probably prepared me as well for this

VerDate Sep 11 2014 07:37 Dec 18, 2019 Jkt 099060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G17DE6.023 S17DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7072 CONGRESSIONAL RECORD — SENATE December 17, 2019 job as any. I got to see our healthcare the Export-Import Bank is to me, and people in North Dakota are aware of industry up close. I got to know more it is, it is really the community bank— that space station in Cavalier. Yet it is about addiction and mental illness and like the bank Senator HOEVEN comes a very important asset. Now, as we how tragic it is and how devastating it from and whose family started and was launch this sixth service, the Space can be and how consequential not deal- building in North Dakota, the local Force, again, we will see very impor- ing with it actually is. It robs people of credit unions, the farm lenders—that is tant opportunities for North Dakota. life. It is not just an inconvenience. So what drives me more than anything in We also have an excellent National it was instructive in those senses, but the Banking Committee. Guard—both Army and Air Force Na- more than that, I got to learn about The Veterans’ Affairs Committee is a tional Guard—that does important our community. great committee, and it is something work not just locally—and they do I heard from thousands of Americans that I could never have imagined aspir- great work locally—but around the who watched this very public tragedy ing to or being involved with. But I do globe. Every Member here can attest to play out in the public arena because of know that JOHN and I love veterans. the power of their National Guard. Our the very public job I was seeking, and North Dakota is home to only 750,000 ISR systems over in Fargo, flying the my faith in mankind was enhanced. My people, but 52,000 of them are veterans. UABs—it is just remarkable, what they faith in God was strengthened—learn- In North Dakota, patriots sign up at a do and what they contribute to the na- ing that the sufficiency of His grace is rate four times the national average. tional defense, our Air National Guard more than adequate not just for salva- So public service in the form of wear- in Fargo, the 119th Wing, the Happy tion but for life, and it makes every- ing the military uniform is really big Hooligans. thing shall we say clearer for me and really important in our part of the The Grand Forks Air Force Base—as today. country. I said, a base that was similar in its Senator HOEVEN raised the subject of I had an opportunity for a number of founding to Minot—is now a UAB base, some of my committee assignments, years to chair the Rough Riders Honor a global hot base where they do impor- and I wanted to speak to that for a Flight in North Dakota, where we tant ISR work. Again, in the future of minute because he is a very important raised the money and organized the warfighting, the importance of good in- part, as you can tell, of my public life trips for about 500 World War II vet- telligence is so critical, and the airmen and career. While I stand on the shoul- erans to come see the memorial built in Grand Forks are second to none in ders of former Governor and former Ag- in their honor. What a moving experi- carrying out that mission. riculture Secretary Ed Schafer—JOHN ence that was. Again, the strategic pick of my as- and I both served with him in economic Before servicemembers return from signments was designed to complement development when JOHN was president duty, of course, they serve, and that is Senator HOEVEN’s and serve the good of the bank in North Dakota—it was why we should be working to give them people of North Dakota. JOHN HOEVEN who gave me my first en- the best resources we can, which is why I will spend a little bit of time talk- tree into elected office at the Public today is an appropriate day for this ing about my service in the House of Service Commission in North Dakota maiden speech, because it is also a day Representatives because it is the Peo- and worked with me. Then, of course, I we passed a very important National ple’s House. I love the People’s House. had the opportunity to serve with him Defense Authorization Act to provide Senator THUNE from South Dakota as he sat on the farm bill conference the tools and the things our military served in the House of Representatives, committee when I served in the House men and women need to be the domi- and he knows what it is like to be the of Representatives. nating force for good in the world. It is only Member from an entire State. It When I had that very first important an honor to serve them. has its opportunities and its chal- meeting with Leader MCCONNELL to I am the very first member of the lenges. talk about what committees I wanted Senate Armed Services Committee I used to say to students who came to to be on in the Senate, realizing that I from North Dakota. I didn’t know that visit: If you want to know what Amer- was coming from the House, where I when I sought that committee assign- ica looks like, go to the House of Rep- only served on only one—I served on ment to complement my Veterans’ Af- resentatives, sit upstairs, look down, the Energy and Commerce Committee. fairs assignment, but I am honored to and you will see 435 people who are just It is an important committee, a big do it. The reason I sought that one is like 700,000 others—just like each one committee, but it was only one com- because again, going back, Senator of them. mittee. Here, I would serve on three or HOEVEN is a defense appropriator. I The diversity of our country is per- four or, as it turns out, five. The first thought, how can I best look out for fectly demonstrated in the House. I ab- thing I did was look at Senator North Dakota’s assets? And the Armed solutely loved that, but I also knew HOEVEN’s committee assignments, and Services Committee seemed like the how hard it was, because if I could get I wanted to assess how I could com- right place to be. my colleagues from South Dakota, Wy- plement where he serves. He served on I also believe that North Dakota’s as- oming, Montana, and Alaska to go the Agriculture Committee and the En- sets are perfectly positioned for the fu- along with me, I would have five votes. ergy and Natural Resources Com- ture of warfighting. So I am very That is almost 10 percent of California. mittee. It made sense to me, with my grateful today for the passage of the That is a lot of relationship building to environmental and regulatory back- National Defense Authorization Act get things done. Yet I love it. There are ground, to serve on the Environment and for the opportunity to serve on the still things about the House that I and Public Works Committee, where Armed Services Committee. watch and love. There are things lately both agriculture and energy develop- We have Air Force bases in both I watch and I wonder, but there are a ment are greatly impacted. Whether it Minot and Grand Forks. Their histories lot of things I love about the House. is environmental policy or land policy, are similar, but their new missions are The Founders knew exactly what they regulations that I think serve as a bit very different. In Minot, we have two- were doing when they created it. of a taking of farmers’ land are every thirds of the nuclear triad and the B–52 To come here and be one of two, to be bit as important as the revenue they bombers that carry those impressive a Member of the U.S. Senate, which is receive through safety net programs. bombs and, of course, the interconti- the equalizer for our legislative Cham- So I sought and received that. nental ballistic missiles, which are bers—our Founders really knew what With respect to the Banking Com- being replaced now by the ground- they were doing. To have an oppor- mittee, JOHN talked a little bit about based strategic deterrent. The mod- tunity to work with you all to provide that and my role as an economic direc- ernization of our nuclear triad in this a level playing field for the people of a tor in the State of North Dakota. I NDAA is very important to our State, smaller State has been truly, truly have always liked macroeconomics, and I am honored to have been a part marvelous. and it has intrigued me how financial of seeing it through to completion. I will not elaborate on my years as and economic policy go together. But We also have a very important space tourism director and economic devel- as interesting as the Federal Reserve is radar station in Cavalier—something opment director or even on the Public to me, and it is, and as important as very few people know about. Very few Service Commission because Senator

VerDate Sep 11 2014 01:54 Dec 18, 2019 Jkt 099060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G17DE6.031 S17DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 17, 2019 CONGRESSIONAL RECORD — SENATE S7073 HOEVEN has done a good job on that. I work for really well and for them to well-intentioned public servants, would just say this: The thing that I have the opportunity to know us really power-hungry civil employees, what- learned more than anything on the well and to collect their wisdom, I fear ever you call it. I call it unelected bu- Public Service Commission, even a little bit that the lessons learned reaucracy that has codified corruption though—I carried the pipeline port- from being so close to the people are in many cases. They turned their own folio; sited the original Keystone Pipe- lost in this town—not so much by interpretation of guidelines into infal- line; sited thousands of miles of trans- Members of Congress, but I am a fer- lible laws, placing the creation and im- mission lines, electric, gas, oil; carried vent advocate of the administration plementation of their policies and the coal portfolio in reclamation; and and their officials getting out to our processes above the needs of the Amer- worked with the Department of the In- small towns and into the towns of ican people whom we serve and the terior on those issues that are very im- North Dakota and other towns elected leaders that send them there. portant to our State. What I learned throughout our country. I had experienced it many times in more from all of that than even big- It is an area where I think the Trump the 6 years I had been in the House, but time economics or engineering or en- administration has excelled beyond I experienced it multiple more times in ergy security—as important as those anybody. In fact, I believe this Presi- the Senate. Whether this comes from a lessons were over the 10 years I served, dent to be the most accessible Presi- place of self-preservation or self-impor- the thing I learned the most was how dent probably since Abraham Lincoln, tance, I believe it has to come to an important the people are. In the wis- who used to hold office hours right in end. dom of the Midwest, the laws required the White House, where people could A defining part of my tenure since that whether you were raising some- come in off the street and have an au- the day I arrived until the day I leave body’s utility rates, siting a pipeline or dience with him. And I am not just will be to take on a bureaucracy that I transmission lines, siting a refinery or talking about rallies. I am talking believe has run rampant. There are sev- a coal-fired powerplant or a wind farm, about a President who visits the State eral Cabinet officials and agencies that you had to hold a hearing in the com- to speak with leaders at roundtables can attest to that statement already. munity where the investment was tak- and a Vice President who comes to our I am not unreasonable about it, I ing place. In other words, you couldn’t military installations to meet with the don’t think. I don’t intend to be, but, hide behind the pillars of the State airmen. Madam President, I am passionate capitol; you had to go to them and We have an Agriculture Secretary about it. As I have made clear, I do not make it easy for them to come to you. who has been to North Dakota—what, believe in the abolition of government. I learned from the people of the prai- three or four times, JOHN?—not just to But I do think government needs to be ries of North Dakota about not just life talk to the very important leaders of more responsive to the people that pay in general but how to site a pipeline. It the Farm Bureau and the farmers for it. We ought to be giving the people was a farmer in Walsh County who said union and the commodity groups, but I a government that is worth their in- about the Keystone Pipeline at an open am talking about the farmers who get vestment. meeting: I don’t know much about lay- their fingers dirty. We have a Com- I aim as my highest goal at the high- ing pipelines, but personally, I would merce Secretary who, in the middle of est level to return the focus of the Fed- try to avoid that quarry you are going negotiating with China, came to North eral Government back to the people. I through. Dakota to talk to those farmers about have listened to so many well-inten- So some very high-paid engineers the impact of tariffs on their markets; tioned bureaucrats explain their proc- moved the pipeline away from the a Veterans Affairs Secretary who stud- ess, explain their system, explain their rocks and into better soil. ies the alternative treatments being traditions and rarely do they talk It was the mayor of Park River who advanced and made available in Fargo; about a human being on the other end came to a committee meeting and said an EPA Administrator who lets North of all of that, so I am committed to to me: I don’t know much about pipe- Dakotans continue to lead the way on doing what is best for the people of this lines, but you are going right through promoting good waters of the United country with a very keen focus on the the aquifer that serves the municipal States policy; an Air Force Secretary 750,000 North Dakotans whom I com- water supply of my community. I think who understands air capabilities be- mitted my life to serving. Their indi- it would be better to move it. cause she has seen them firsthand; an vidual and collective wisdom, along So I paid engineers to move it away Interior Secretary who came to listen with their values, as old-fashioned as from the aquifer. to the concerns of farmers and actually they may seem to some, is our con- Through the collective wisdom of the changed the direction of certain regu- tribution to a great nation. They would people of North Dakota and the indi- lations as a result of farmers pointing want me to say to all of you, Merry vidual wisdom of many of the individ- out how their personal property rights Christmas and Happy Holidays. uals of North Dakota, I learned that were being stolen by the Federal Gov- I yield the floor. was something not to be taken for ernment; and a NASA Administrator The PRESIDING OFFICER. The Sen- granted or wasted, which is why, in my who observed the first ever university ator from North Dakota. service in the House and here in the space program at the University of Mr. HOEVEN. Madam President, I Senate, I spend so much time holding North Dakota. would just like to say how much I ap- townhalls of all types—so I wouldn’t The list goes on and on, and I will preciate Senator CRAMER, the working rob myself of the value and the benefit spare you from it, but I think it is an relationship that we have, not just of the collective wisdom of the people I important lesson and testament to how here but a working relationship that serve. good this country can be and how much goes back many, many years. As you I am so grateful to Senator HOEVEN. better it can be if we listen to the peo- can tell, he speaks very well, but what He is a skilled and accomplished lead- ple in the heartland. All of this is why, comes through is not only his commit- er. He works tirelessly—you all know in addition to bringing people of influ- ment to his family and his faith, but that—on behalf of the people of North ence to my State so hopefully they can his commitment to the people of North Dakota. He is relentless in his pursuit be influenced by it, I am concerned Dakota and his commitment to the of things for North Dakota. He has about the sheer magnitude of our bu- people of this country. been a great friend and mentor. I am reaucracy. It doesn’t matter what issue he is thankful for his partnership and his This week, we are going to hopefully working on. He takes the time to listen willingness to work with me in the fu- pass a $1.5 trillion discretionary budget to everybody, and he is always willing ture, as he did when I was on the Pub- or appropriations, but I worry about to explain where he is coming from and lic Service Commission. the people who are going to manage why he comes to the conclusion he As we go forward, I do have a couple that $1.5 trillion being so out of touch does. But there is no question, he loves of thoughts about some challenges. As with real, everyday Americans. his faith; he loves his family; he loves I talked about this accessibility issue, You can call it whatever you want. his State; and he loves this country. this opportunity we have particularly Some people call it the deep-state, out- Thank you, Madam President. in small States to know the people we of-control bureaucracy, misguided but I yield the floor.

VerDate Sep 11 2014 07:37 Dec 18, 2019 Jkt 099060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G17DE6.032 S17DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7074 CONGRESSIONAL RECORD — SENATE December 17, 2019 The PRESIDING OFFICER. The Sen- Air National Guard protects the citi- HONORING MASTER TROOPER WIL- ator from West Virginia. zens of West Virginia when we are in LIAM MODEN, CORPORAL DANIEL f our most desperate hour of need and GROVES, SERGEANT JOSHUA how they protect our country when VOTH, KEN JONES, TRAVIS REMEMBERING BRIGADIER GEN- called upon to serve at the command of DAVIS, AND TROY JACKSON ERAL JAMES KEMP MCLAUGHLIN the President of the United States. The Mr. GARDNER. Madam President, I Mr. MANCHIN. Madam President, I integrity of our Guard is due in large rise to give thanks to the brave men rise today to honor the legacy of a part to Kemp’s legacy of excellence and and women of law enforcement in Colo- member of our greatest generation, the his commitment to seeing our Guard rado and across the country. Every hol- founder and first commander of the and our home State flourish. iday season, I am reminded of the sac- West Virginia Air National Guard, a When visitors come to West Virginia, rifice that these brave officers make in World War II veteran, an American I jump at the chance to tell them we order to make sure that everybody’s hero, and a friend of both of ours, re- are home to the most hard-working holiday season is enjoyed safely and tired Brig. Gen. James Kemp and patriotic people in the Nation. We that every day is enjoyed safely and se- McLaughlin. have fought in more wars, shed more curely. He was born on December 7, 1918, in blood, and lost more lives for the cause Across the United States this year, Braxton County, to James and Almira of freedom than most any other State. 115 law enforcement officers have paid McLaughlin. Kemp was a staunch lead- We have always done the heavy lifting the ultimate sacrifice in the line of er with unparalleled patriotism, and and never complained. duty. In Colorado, we honor those who his devotion to God, State, and country We have mined the coal and forged lost their lives this year. Master was unmatched. Gayle and I were hon- the steel that built the guns, ships, and Trooper William Moden was killed ear- ored to call him a friend, and I know I factories that have protected and con- lier this year when he was struck by a join so many when I say that West Vir- tinue to protect our country to this vehicle as he was investigating a crash. ginia has lost a shining star. He is day. I am so deeply proud of what West He served the Colorado State Patrol for dearly missed. 12 years. Corporal Daniel Groves was Ever since the historic beginning of Virginians like Kemp have accom- plished and what they will continue to also killed by a passing vehicle while our State, we have never failed to an- assisting another driver during the swer our country’s call. No demand has accomplish to protect the freedoms we hold dear. We have every reason to be blizzard last winter. Corporal Groves been too great, no danger too daunting, also served the Colorado State Patrol and no trial too threatening. Kemp proud and to stand tall knowing that West Virginia is the reason Americans for 12 years. took part in some of the most impor- Unfortunately, I also come to the sleep peacefully at night. tant battles of World War II. Following floor to honor three other brave men his education at West Virginia Univer- Kemp is survived by his children, and women—you can see them here— sity, Kemp joined the U.S. Air Corps at Laura, Mary, and Kemp, Jr., and their who have given their lives just this age 23, shortly before the attacks on grandchildren and great-grandchildren. past month. Sergeant Joshua Voth Pearl Harbor, the day of his birthday. I know he and Constance, his lovely served the Colorado Department of He flew nearly 40 B–17 Flying For- wife of nearly 50 years, are looking Corrections and was stationed at the tress bomber missions during the war, down on each of you and all of us with Canyon City Correction Facility. He including support for the troops on the a smile. was killed this month when an issue beaches of Normandy in 1944. In 1934, West Virginia is great because our with the boiler caused an explosion. Kemp led a 350-plane attack on a fac- people are great—Mountaineers who Sergeant Voth was 28 years old and tory in Germany, a raid that became will always be free. We are tough, inde- leaves behind his wife and three chil- known as Black Thursday. On too pendent, inventive, and honest, our dren. He served at the Canyon City fa- many occasions, Kent’s planes would character shaped by the wilderness of cility for 3 years and helped teach in- be so damaged that it was a miracle he our State—its rushing streams, its mates valuable skills to help smooth made it back safe. boundless blue skies, its divine forests, the plan to rehabilitation. His actions were instrumental in not and its majestic mountains. We are We also lost other beloved members only destroying Nazi efforts, but as one West Virginians. Like the brave, loyal of our first responder community. They of the ‘‘Mighty’’ 8th Air Force in Eu- patriots who made our State the 35th need to be remembered and honored as rope, he was also instrumental in de- star on Old Glory, our love of God and well. Ken Jones, a member of the Sum- veloping what is known as air superi- country and family and State is mit Fire and EMS, was killed on De- ority, a vital factor in deciding the unshakeable. cember 7 while responding to a fire at outcome of a modern conventional war. I know that 20, 50, or another 156 Copper Mountain. Ken served in that He paved the way for all citizen airmen years from now, that will always re- department for 20 years and was known who strive to follow in his footsteps. main the same. That legacy laid the by his colleagues as ‘‘a firefighter’s Kemp completed 39 combat missions groundwork for heroes like Kemp firefighter.’’ Travis Davis, the deputy during World War II and was awarded McLaughlin, and now, he serves as an chief of operations for Summit Fire the Distinguished Flying Cross four inspiration to all who wish to follow in and EMS, remembers him as an ‘‘Oak’’ times. His vast experience aided him his footsteps and live a life filled with and said everyone in the organization years later when he was asked to lead patriotism, service, faith, and family. learned something in Ken’s steady and the Air National Guard’s 167th Fighter There are so few of our American he- calm demeanor. We thank Ken and his Squadron in Charleston, WV. When roes left from Kemp’s generation. It is family for two decades of service and that squadron moved to Martinsburg, our responsibility and privilege to en- send our sincerest thoughts to all those Charleston’s Guard unit became the sure that their service and sacrifice is who knew him. 130th Airlift Wing. never forgotten. The sun will never set I also would like to recognize Troy Throughout the rest of his extraor- on Kemp’s legacy of service, his gen- Jackson, a former assistant chief of op- dinary life, Kemp continued to pay erosity, his love for his family, and his erations for the South Metro Fire Res- homage to his fallen comrades and devotion to God, our home State, and cue, who passed away just yesterday serve his community. He served as our beautiful country. morning after a battle of what is be- Kanawha County commissioner and as lieved to be job-related cancer. Chief I know with the condolences of my- a member of the West Virginia House Jackson was first hired in 1990 and self and you, Madam President, that we of Delegates. He is a legend here in served nearly three decades before will always remember and keep Kemp West Virginia and was one of the most stepping away in 2016 due to his health. in our prayers. selfless people that I have ever had the He was open about his battle with can- pleasure of calling a dear friend. Thank you, and God bless. cer, in hopes that he could teach other As Governor, my most honored titled I yield the floor. firefighters how to avoid these risks. was that of commander-in-chief of the The PRESIDING OFFICER. The Sen- We thank Chief Jackson for his serv- Guard. I have seen firsthand how the ator from Colorado. ice and send our thoughts and prayers

VerDate Sep 11 2014 06:07 Dec 18, 2019 Jkt 099060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G17DE6.034 S17DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 17, 2019 CONGRESSIONAL RECORD — SENATE S7075 along to his wife and two children. I know every one of my colleagues Thank you. Each one of these officers and fire- will join us in expressing our gratitude The PRESIDING OFFICER (Mrs. fighters we lost this year was a neigh- to law enforcement and first respond- BLACKBURN). The Senator from Florida. bor or loved one, a member of the com- ers not only in Colorado, but across VENEZUELA munity, and an extraordinary Colo- this Nation this holiday season. They Mr. SCOTT of Florida. Madam Presi- radan who gave their life to protect will give up time with their own fami- dent, I rise to speak again today about their communities. While we remember lies to make sure that others are safe. the crisis in Venezuela—a defining those whom we lost this year, we must To all those who defend that thin human rights issue of our time. also continue to celebrate those who blue line, thank you, and God bless. Nicolas Maduro is starving his own continue to serve today. You have my enduring support. May people, and innocent children are f you all have a happy and blessed holi- dying. It is a genocide right here in our day season. TRIBUTE TO OFFICER MICHAEL hemisphere. Every day that passes, the I yield the floor. situation in Venezuela grows more LOHMAN The PRESIDING OFFICER. The Sen- dire. Mr. GARDNER. Madam President, in ator from Mississippi. The United States and all freedom- August, I was fortunate to award Offi- TRIBUTE TO JOHNNY ISAKSON loving countries around the world must cer Michael Lohman of the Greeley Po- Mrs. HYDE-SMITH. Madam Presi- do more. As Governor, I strictly pro- lice Department with the Congres- dent, today I rise for the opportunity hibited the State of Florida, including sional Badge of Bravery for his heroic to commend Senator JOHNNY ISAKSON actions apprehending the driver of a all State agencies, from investing in on his retirement from the U.S. Sen- any company that did business with stolen vehicle in 2017. ate. Maduro’s repressive regime. While at the driver-side window of I am a relatively new Member to the I am grateful for the bipartisan sup- the vehicle, the driver pulled a gun on Senate, but I think we all remember port this bill has received, and I spe- Officer Lohman, who immediately en- the first time we ever walked onto the cifically thank Senator ROSEN for her gaged with the driver to take the weap- Senate floor. I know I certainly do be- leadership and for joining me in this ef- on. The driver pulled Officer Lohman cause that is the day I met Senator fort. into the vehicle and began accel- JOHNNY ISAKSON. erating, dragging him along the street. With both of us being from the We must never give up on the fight Officer Lohman kept his cool and was South, I knew we would probably have for freedom, and I look forward to all able to pull the suspect from the vehi- a lot in common, a similar view on life, of my colleagues joining me in support cle while it was still moving and appre- and a heart for the South, but it didn’t of the people of Venezuela. Madam President, I ask unanimous hended him with the help of other offi- take me long to learn that JOHNNY has cers. a universal heart. consent to address the Senate in Span- These actions saved the lives of any- I am guilty of the expression, ‘‘Noth- ish. one in the path of that vehicle, as well ing is special until you make it spe- The PRESIDING OFFICER. Without as the life of his partner who was at cial.’’ JOHNNY has such a generous gift objection, it is so ordered. the passenger side of the vehicle when of making things special. He has the (English translation of the statement the gun was pulled. These actions give gift of making everyone around him made in Spanish is as follows:) our communities peace of mind, know- feel special. His heart and his attitude Mr. SCOTT of Florida. I stand with ing that heroes like Officer Lohman sees the best in people and yet goes fur- the people of Venezuela and will always continue to keep all of us safe. But we ther to let them know how much they fight for freedom and democracy in know every brave action doesn’t get mean to him. Latin America. the recognition that it deserves. He exemplifies being a leader, an I understand my colleague has an ob- Every day, there are law enforcement encourager, and an investor of people. jection. I am disappointed, but I look and first responders who act with com- He is never too busy to ask how you forward to working with him to ad- plete selflessness. They do this not to are doing or to ask about your family. dress his concerns. seek recognition or praise, but simply Common courtesy sometimes isn’t al- Thank you. because it is what they were called to ways that common anymore, but I as- The PRESIDING OFFICER. The Sen- do. sure you it is with JOHNNY ISAKSON. ator from West Virginia. Jamie and I would like to send our His brilliance is unquestionable. His f thanks to the families of our law en- ability to articulate what is important APPROPRIATIONS forcement and first responders. Every to him is just simply amazing. He can day these men and women say goodbye deliver a message that not only ex- Mrs. CAPITO. Madam President, I to their loved ones, unsure of what that presses his concern but also has an- rise to highlight several key parts of day will hold for them. I am sure these swers and solutions based on his expe- the appropriations package the Senate goodbyes are much more difficult dur- rience and his tremendous wisdom. will be considering later on this week. ing the holiday season, but without the He is the gentle calm in a tremen- First, I want to point out some statis- love and support of those at home, the dous storm. He has the words of wis- tics. Ninety-two thousand of our coal jobs of law enforcement and our first dom when so many are bewildered. He miners are counting on us to protect responders would be that much more is the guiding light in the darkest their pensions. Thirteen thousand coal difficult. We thank them for their con- times. He provides the needed laugh in miners are counting on us to protect tinued sacrifice. times of tension and the voice of rea- their healthcare benefits. This week, RECOGNIZING THE U.S. CAPITOL POLICE son in times of uncertainty. His love is we will have a chance to do just that. Mr. GARDNER. Madam President, I deep, and his compassion is true. I am very proud to have worked with would also like to take a moment to He knows how to be a friend. He was our leader, Senator MCCONNELL, Sen- say thanks to the men and women of a born leader and has the ability to ator MANCHIN, Senator PORTMAN, and the U.S. Capitol Police. They work capture opportunities and turn them others to introduce and champion the long hours to ensure that Members of into successes. My world has been en- Bipartisan American Miners Act. I ap- the staff and Members themselves are hanced and enriched by this wonderful preciate that my counterpart on the able to carry out their duties safely. and precious human being. House side, Congressman DAVID MCKIN- On top of that important duty, they JOHNNY learned a long time ago that LEY, has worked consistently and tire- also protect the public who comes to the joy of living comes in giving. You lessly on this bill in the House, along visit to express their opinion, to ex- know when a person has in his heart with our other Representatives from press their right to assemble and free that joy, that wasn’t put there by the West Virginia, ALEX MOONEY and speech in the Capitol and beyond, not world. CAROL MILLER. Most of all, I appreciate only to tour this beautiful Capitol When I think about the true states- the West Virginian miners and their Building, but to make sure their men I have met in my brief time in the families who have traveled to Wash- thoughts are heard on our Nation’s pol- Senate, I will certainly have ‘‘Georgia ington to advocate for their promised icy issues. on My Mind.’’ benefits and for their communities. I

VerDate Sep 11 2014 01:54 Dec 18, 2019 Jkt 099060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G17DE6.036 S17DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7076 CONGRESSIONAL RECORD — SENATE December 17, 2019 stood outside the Capitol with thou- as structurally deficient. I think it is a Border Protection to provide us with a sands of coal miners and their families universal statistic in the country. This comprehensive Border Security Im- several years ago in seriously suffo- bill takes the absolutely necessary step provement Plan. I was going to bring it cating heat, as DC can heat up during to provide funding for over $1.15 billion with me today, but, to be honest with the summer, to rally in support of to fund highway bridge projects of you, I left it in my office. The funds we those benefits. Miners have come to which West Virginia is eligible for $50 provide this week will enable the De- Washington in the snow and in the million. partment to follow that plan. rain. Their camouflage shirts have Roads and bridges have a huge eco- While passage of our Senate bill stood out around the Capitol as they nomic impact on our communities and would have been ideal, a continuing worked tirelessly to educate us about our quality of life, everything we do resolution would have had a dev- the critical need for action. You have every day. I am proud we have included astating effect on homeland security. probably seen them in the halls. No one these important investments. The bill we are going to pass will help should be surprised by their dedication As chairman of the Homeland Secu- us take another step forward in secur- and commitment because our West Vir- rity Appropriations Subcommittee, I ing our border. ginian miners have answered the call want to address items included in our I am so very proud of the men and throughout their careers. Their hard subcommittee’s funding bill as well. A women who work at the Department of work provided the electricity and the little over a year ago, I stood here to Homeland Security, and I was able to steel that has powered our American talk about the increasing crisis at our meet quite a few. The crisis they faced southern border. When I spoke to you economy. when I spoke here last year was a real The time has come to protect those then, apprehensions at our southern one. Through their dedication and ef- retirement benefits these miners have border were 30 percent higher than forts, so much progress has been made, earned. The Bipartisan American Min- they were the year before, and they and I look forward to speaking to you ers Act will secure both pension and were much higher than they are today, a year from now about what we have as I speak. The crisis was not limited healthcare benefits for those hard- been able to accomplish with the re- to the realm of illegal immigrants be- working men and women. sources and tools we can provide them I want to thank the United Mine cause fentanyl seizures were up 115 per- with this bill. Workers of America and their presi- cent, along with other illicit narcotics: There are many other vital provi- dent, Cecil Roberts, for his work and heroin, methamphetamine, cocaine, sions across our appropriations bill, in- marijuana. Thanks to the leadership of their work in advocating for our min- cluding a 3.1-percent pay increase for the President and also this Congress ers. More than 25,000 miners from all of our troops and significant increases in the situation has improved. funding for our veterans for the MIS- West Virginia’s 55 counties will have We should also recognize the im- SION Act, increasing funding for com- received payments from their pension proved coordination with Mexico and bating the opioid epidemic, expanding benefits last year. partnerships with other countries that More than 5,600 West Virginians min- our rural broadband, and researching have helped curb the flow of those en- ers are at risk of losing their cures for diseases. tering our country illegally. Though One of those diseases hit many of us healthcare benefits if we fail to act. Al- the situation has improved, it is far and has hit me quite personally; that most $200 million in pension benefits from being solved. Frankly, we are one is, Alzheimer’s. Research for Alz- were paid from this fund to West Vir- ruling away from an activist judge who heimer’s is, I think, absolutely essen- ginians last year. The loss of those could create the flows of those trending tial, and we are increasing that. funds would certainly have harmed the upward again. I commend all my colleagues who retirees themselves, no doubt, but also As such, I am proud to say that the worked to put together the bipartisan the local businesses they patronize homeland security title in the package appropriations bills. I congratulate across the State and their commu- we are considering this week provides Senator SHELBY, in particular, and nities. funds and resources to continue the Senator LEAHY for working together, As one West Virginian wrote to me good work we have been pursuing to and I look forward to voting for these just last night, ‘‘My father is a retired stem the tide of illegal immigration. bills later in the week. miner from Marion County who will be Twice I have seen firsthand on the bor- With that, I yield back. turning 80 in January. This will give der—the southwest border—the chal- The PRESIDING OFFICER. The ma- him and my mother some long overdue lenges we face—and, yes, the progress jority whip. and well deserved peace of mind. They we have made. f have been worrying unduly throughout This bill supports the work of the TAX CUTS AND JOBS ACT the last several months.’’ men and women of the Department at Thousands of miners in West Virginia CBP, ICE, HSI, the Coast Guard, and Mr. THUNE. Madam President, De- and elsewhere in coal country will have many others who are daily standing cember 22 will mark an anniversary, a merrier Christmas when this bill be- watch on our borders, on our coasts, the second anniversary of the signing comes law later this week. I ask my and on our computer networks. of the Tax Cuts and Jobs Act. Tax re- colleagues to join me in supporting This bill invests in personnel, par- form was a big priority for Repub- this critical legislation. ticularly by creating a new position: licans. We wanted to help American There are a number of other reasons Border Patrol processing coordinators. families by reducing their tax burden to support the appropriations bills we This was a particular interest of mine and spurring the kind of economic will be considering in the next several after talking to numerous people at the growth that would result in better jobs days. I wanted to highlight one that Department and while visiting the bor- and better wages. can have a significant impact on my der, describing the frustration they felt At the end of 2017, we passed the Tax State of West Virginia. as agents and officers. This funding Cuts and Jobs Act. We cut tax rates for I was proud to ensure that in the provided for these processing coordina- American families, doubled the child transportation and infrastructure title tors will return 240 of our border agents tax credit, and nearly doubled the of the appropriations bill, we fund the to the frontlines to enforce our immi- standard deduction. We lowered tax Appalachian Development Highway gration laws, which is what they are rates across the board for owners of System at $100 million. That will help trained to do. small and medium-sized businesses, us as we work to continue the last re- In regard to physical barriers, we farms and ranches. We expanded busi- maining enormous project in our State, provide the enacted level of $1.37 bil- ness owners’ ability to recover the cost Corridor H. lion. The only thing similar to last of investments made in their busi- I have also advocated for action to year is the amount of money provided nesses, which frees up cash they can re- address our structurally deficient because the flexibility we provide the invest into operations and their work- bridges. In my State, we have a lot of Department is a significant change and ers, and we lowered our Nation’s mas- hills and a lot of valleys, and we have a significant improvement. sive corporate tax rate, which up until a lot of bridges. Almost 20 percent of The bipartisan fiscal year 2017 appro- January 1 of 2018 was the highest cor- our West Virginia bridges are classified priations bill required our Customs and porate tax rate in the developed world,

VerDate Sep 11 2014 01:54 Dec 18, 2019 Jkt 099060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G17DE6.038 S17DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 17, 2019 CONGRESSIONAL RECORD — SENATE S7077 and we brought the U.S. international Unfortunately, our Democratic col- Republicans on another. On this side, tax system into the 21st century so leagues are more likely to suggest tax of course, we always have to have 60 American businesses are not operating hikes than preserving the tax cuts that people to go forward on these bills. We at a competitive disadvantage next to have brought so much economic generally have had to have a bill here their foreign counterparts. progress over the past couple of years. that would appeal to enough Demo- Over the last 2 years, tax reform has Democrats opposed the Tax Cuts and crats or enough Republicans to make done exactly what we intended. It has Jobs Act, despite the fact that many of this happen, but we have come to the allowed American families to keep the ideas included were the product of conclusion of what is normally the more of their hard-earned money, and both Republican and Democratic pro- hardest bill to negotiate. It is about 30 it has helped spur wage growth and in- posals. They objected to it, and they percent of all the spending after you crease the availability of good jobs for fought it because they were determined take defense off the table. Defense is American workers. not to work with this President. half of the discretionary spending; then For 2018, the average family of four Two years on, Democrats would still you have 11 other bills that have the with an income of $75,000 saw a tax cut like to pretend the Tax Cuts and Jobs of more than $2,000. On top of that, Act didn’t help American families, de- other half of that spending. company after company responded to spite the reams of statistics on the eco- This bill has 30 percent of that half. the Tax Cuts and Jobs Act by issuing nomic progress we have made and the It has lots of things that you could bonuses, improving benefits, or in- fact that an estimated 90 percent of argue about and, frankly, lots of things creasing wages. At least 100 utility middle-class families received a tax that you would just say ‘‘If we can’t all companies around the country an- cut. After all, if Democrats acknowl- be happy about this, we won’t move nounced plans to cut utility rates for edged that tax cuts have made life bet- forward,’’ which would mean you consumers. ter for families, it would be even hard- wouldn’t move forward. Then, of course, there is the eco- er for them to defend the massive mid- This is a bill where Senator MURRAY nomic growth that the law has spurred. dle-class hikes that would be needed to and I and Congressman COLE and Chair- A whopping 266,000 jobs were created in fund their socialist proposals like man DELAURO on the other side had to November, smashing expectations and Medicare for All and the Green New bringing the average monthly job cre- decide if we were going to have a bill or Deal. It is unfortunate the Democrats not, and we decided we were going to ation for 2019 to a strong 180,000 jobs are so opposed to policies that have per month. Job creation since Presi- have a bill. We decided at the end of made life better for millions of Ameri- the process, with some help from oth- dent Trump was elected has exceeded cans. the Congressional Budget Office’s 2016 I am proud of all we have achieved ers, that we wouldn’t have things in preelection prediction by more than 5 for American families with the Tax the bill that hadn’t traditionally been million jobs. The unemployment rate Cuts and Jobs Act. I will continue to there. is at a 50-year low and has been at or work with my colleagues to keep our This is the place where much of the below 4 percent for an incredible 21 economy growing and to expand oppor- language that we debate in the appro- straight months. The year 2019 has also tunities for Americans even further. priations bills occurs—what can hap- seen record-low unemployment rates I yield the floor. pen and what can’t happen. Things like for African Americans, Asian Ameri- I suggest the absence of a quorum. the Hyde amendment have been in the cans, Hispanic Americans, Americans The PRESIDING OFFICER. The appropriations bill for a long time, and with a disability, Americans without a clerk will call the roll. it is in this one. The bill clerk proceeded to call the high school diploma, and veterans. For Other things that have not been 20 straight months, there have been roll. Mr. THUNE. Madam President, I ask there in the past are not there, and more jobs available than Americans unanimous consent that the order for that was one of the things that allowed looking for work. Meanwhile, wages for American the quorum call be rescinded. us to move forward. The PRESIDING OFFICER. Without workers are growing steadily. Wage Again, we had one body controlled by objection, it is so ordered. growth has been at or above 3 percent a different party, and we had to come for 16 straight months. Before the start f to a bipartisan consensus, and I think of this streak, the last time wage SIGNING AUTHORITY we have. growth had reached 3 percent was more Mr. THUNE. Madam President, I ask There were lots and lots of competing than a decade ago. Income inequality unanimous consent that the senior programs, some of which we are all for, has declined. The poverty rate has fall- Senator from South Dakota and junior but maybe our priorities are different. en to a 17-year low. The list goes on. Senator from Tennessee be authorized In fact, it could be that we just have Those are a lot of numbers and per- to sign duly enrolled bills or joint reso- more priorities on one side than on the centages, but they all boil down to one lutions during today’s session of the other. But these programs range from thing, and that is that American fami- Senate. workforce training to early childhood lies are doing better. Thanks to Repub- The PRESIDING OFFICER. Without education to infectious disease control. lican economic policies, fewer Ameri- objection, it is so ordered. That is a pretty big span of things to cans are having to choose between a Mr. THUNE. I suggest the absence of car repair and a doctor’s bill. More a quorum. try to come to a conclusion on. Americans are able to put away money The PRESIDING OFFICER. The Then, from our colleagues, we had each month for their retirement or clerk will call the roll. 7,800 different requests—not nec- their children’s education. There are The bill clerk proceeded to call the essarily requests that would be consid- more good jobs available for Americans roll. ered ‘‘I want you to spend this money Mr. BLUNT. Madam President, I ask looking for work. in my State’’ but 7,800 requests that Of course, there is still more work to unanimous consent that the order for said ‘‘We think this program should be be done. Our farm economy, for exam- the quorum call be rescinded. The PRESIDING OFFICER. Without increased’’ or ‘‘This program should be ple, is not doing as well as the economy objection, it is so ordered. decreased.’’ as a whole. Passing policies that will So with all of those requests and that bring relief to our farmers and ranch- f GOVERNMENT FUNDING broad span, we came together with a ers and expand markets for their prod- bill that I am going to vote for tomor- ucts is a priority of mine. Mr. BLUNT. Madam President, I am row and look forward to voting for to- But 2 years on from the Tax Cuts and glad to finally be here today, talking morrow. It is not exactly the bill I Jobs Act, we can celebrate the fact about the final conclusions we have would have done if I had been doing it that millions of American families are reached on the appropriations bill gen- by myself, but by the very definition of bringing home more money in their erally but, specifically, the Labor and paychecks and have access to better Health and Human Services and Edu- both democracy and the Congress, you jobs and better opportunities. Pre- cation appropriations bill. don’t get to do these by yourself. serving and building on those accom- We are now a bipartisan Congress, The bill, which will reflect the prior- plishments is a Republican priority. with Democrats in control on one side, ities of both sides of the aisle and both

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It would have been hard to because nobody in their family can than we did about the human genome, imagine 5 years ago or 10 years ago give them the exact advice they might so much more than we knew about saying that we would be in sight of a need on how to stay in college, and how immunotherapy just 5 or 6 years ago. vaccine and eliminating HIV as an epi- they can get prepared to get a job out This is a topic that wasn’t on the radar demic problem in our country. of college and avoid the kinds of loans screen of treatments. Now, for many We spend money on that, but we have they cannot afford to pay back. cancers, it is one of the first things you fully funded what the President and There is something I call lost equity. think about: Does it work if we get this others believe would be necessary to I have talked to so many people in the person’s body focused in a way that it achieve that goal. We spend $20 billion last 2 years who are about 28 years old, fights back this cancer that is trying a year right now on direct health ex- and over and over again, the story was to overcome it? Often, that produces a penditures on HIV prevention and care. so similar. They went to college for a great result now that wouldn’t have Our goal in the next 10 years will be to year or a semester and then held a se- been happening 5 or 6 years ago. reduce the number of new infections of ries of jobs that were not too hard to The opioid epidemic is one that we HIV by at least 90 percent every year. get but didn’t lead anywhere. They deal with in this bill. Third, this bill, the fiscal year 2020 were landscapers or Uber drivers or Investing in high-quality early child- bill, continues our commitment to the bartenders or whatever else, with no hood care and early childhood edu- opioid epidemic, providing money to do sense that that was a career and not cation and education generally are in that, providing money for prevention, the underpinnings they would like to this bill—trying to make college more for education, for research, and for have. Then finally, in their affordable with things like Pell grants treatment, as well as recovery pro- midtwenties, somebody tells them or that not only work for people who grams. they figure out on your own that they don’t have the income to do this with- In this bill we put new flexibility in have to have something that can sup- out some help, our government has de- for the opioid epidemic to where those port them the way they would like to cided, but also now work year round things you may go to after you have be supported and help them with a fam- for about the third year, when, once become addicted to opioids, like meth, ily, might have retirement and cer- you get started, you can keep on going can also qualify for the kinds of help tainly has benefits. We are trying to do if you have a pattern that is working. that people need if they are trying to what we can to be sure that focus We spent a lot of time in the last escape their addiction to pain medica- comes earlier as they begin to think year talking about what to do in this tions or other things that they have be- about what they like to do and what growing economy, where more jobs are come critically linked to. they find fulfilling. available than people looking for work. This bill includes new and substan- tially expanded investments in Head Let’s talk about the jobs that are out What do we do to better match the peo- there, whether it is STEM education or ple looking for work with the jobs Start, in high-quality early childhood care; programs that provide more flexi- health services. Let’s talk about the available? More importantly, how can difference between a nurse practitioner we anticipate that that will happen in bility to school districts to use the lim- ited resources they have, whether that and being a doctor. Let’s talk about the future? the difference between being a doctor For the fifth straight year, after 12 is title I, if you are a school person and and a specialist. Let’s talk about where years of no increase, the National In- know what that means, or title II, sup- the job opportunities are in physical stitutes of Health in this bill will get a porting effective instruction State therapy, occupational therapy, or significant increase, an additional $2.6 grants; IDEA, the ability to help people health tech. All of those things are a billion, which increases them in the with disability education issues; Im- way to a great career if you know what last 5 years over 40 percent—again, at a pact Aid in communities that have sig- you are doing. time when this investment can mean nificant Federal investments in mili- so much to so many people. tary bases or a national forest or If you missed that launching point, if We specifically targeted the invest- things like that. These are all things you missed those 10 years, that lost ment toward Alzheimer’s disease. Alz- we deal with in this bill. We also target decade, it is pretty hard to ever catch heimer’s and dementia are the things STEM education, including the focus up to your schoolmates who under- that taxpayers pay the most on in on computer science. stood what they wanted to do and order to help, and taxpayers don’t pay We are also trying to bring focus for maybe had no more resources or capac- nearly all of the costs that families young people to make them more ity than you, but they had an extra 10 have with Alzheimer’s and dementia. quickly understand what the options years on you in preparing for the ca- The President’s Childhood Cancer are out there. Clearly, the college path reer they would like to have and the Data Initiative is here. Precision medi- that has been so pervasive in the last work they would like to do and where cine, combating foreign threats to re- two decades isn’t the right path for ev- that might lead them. search, addressing the facilities back- erybody. And even if it is the right The President really has been focus- log on the campuses, all of those are path for everybody, if it doesn’t hurt to ing on apprenticeship programs. An ap- here. go to college—I am the first person in prenticeship is a good way to learn Our investments in NIH are making a my family to graduate from college. If firsthand and see firsthand what you difference for families and making a it doesn’t hurt to go to college, it want to do, whether it is an apprentice- difference, we hope, for the future. might not necessarily get you a job un- ship program or community college or That NIH-based research has helped less you know what job it is you are traditional college or skills you learn raise life expectancy. It has vastly im- thinking about as you put your college in the military that you should be able proved the quality of life for many life together. Even that might not give to immediately transfer into a private Americans. It has lowered healthcare you the job that you really would like sector, nonmilitary opportunity. We costs. It has very dramatically decided, to do. So part of what we are trying to need to spend some time and some in some healthcare situations, either do here is to connect people earlier money on that, and this bill does. how invasive you need to be or how with the opportunity to do that. If they The bill continues to try to do what much pain has to be involved in getting do go to college, we are increasing Pell we can to be looking carefully at re- you headed in another direction but grants for the third year in a row by ducing fraud, reducing waste, and see- also, by the way, on the opioid front, about 2.5 percent. We are increasing ing that tax dollars are being spent understanding that the complete elimi- programs—the so-called TRIO Pro- properly, and a lot of them are spent nation of pain is not necessarily a good grams—for people who haven’t had right here in this bill. We prioritize

VerDate Sep 11 2014 01:54 Dec 18, 2019 Jkt 099060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G17DE6.041 S17DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 17, 2019 CONGRESSIONAL RECORD — SENATE S7079 programs that really will provide ben- surprise attack on the Allied forces in I yield the floor. efit to, we hope, large groups in our Europe. The Allied troops were gen- I suggest the absence of a quorum. country. erally outnumbered by more than three The PRESIDING OFFICER. The The bill reflects compromises on to one. In addition to the harsh weath- clerk will call the roll. both sides. The people of this country er, they faced treacherous terrain. The senior assistant legislative clerk send 100 different people to the Senate Still, GEN Dwight David Eisenhower proceeded to call the roll. and 435 different people to the House to spoke with confidence. He said: The PRESIDING OFFICER. The Sen- vote and to make decisions that reach ‘‘United in this determination and with ator from Utah. conclusions. This bill does that. All 12 unshakable faith in the cause for which f of these bills we will vote on sometime we fight, we will with God’s help go TRIBUTE TO NEWELL HARWARD in the next 3 days do that. They allow forward to our greatest victory.’’ The us to defend the country and to meet Germans sought to divide and destroy Mr. ROMNEY. Madam President, I the obligations that people have asked the Allies, but it was the Allies who ul- rise today to honor the extraordinary the government to look at for them timately crushed the German Army. service of one of Utah’s most dedicated and hopefully do that in a way that The Bulge was one of the most pun- county commissioners, Mr. Newell produces real results. ishing battles in the history of the U.S. Harward. He has served Wayne County I yield the floor. military. Most of the 650,000 Allied for the past 7 years, but he has taken I suggest the absence of a quorum. troops were Americans. From Decem- on responsibility well beyond that, ad- The PRESIDING OFFICER. The ber 16, 1944, to January 29, 1945, the vocating for rural Utah with honor and clerk will call the roll. Americans suffered 75,482 casualties; distinction as chairman of the Six The senior assistant legislative clerk 8,407 were killed. The brave soldiers County Association of Governments. proceeded to call the roll. who fought in this brutal battle saved Newell has had an esteemed career and Mr. BARRASSO. Madam President, I the free world. life of service to family, country, and ask unanimous consent that the order Every soldier was a hero, and every God. for the quorum call be rescinded. soldier has a story to tell. My father, Growing up on the family farm in The PRESIDING OFFICER. Without CPL John Barrasso, was one of those Loa, UT, Newell gained an early appre- objection, it is so ordered. heroes. He reported to duty to the ciation for the value of community, Pennsylvania Army National Guard in f family, and hard work. He also devel- 1941, 4 days after the Japanese at- oped a spirit of adventure, later serving BATTLE OF THE BULGE tacked Pearl Harbor. He didn’t return a mission abroad in Scotland and join- Mr. BARRASSO. Madam President, I home for 4 years. ing the Wayne County Flying Club. come to the floor today to mark the He was a gun crewman in the 108th As the founder of Harward and Rees 75th anniversary of the epic Battle of Field Artillery Battalion of the 28th In- Construction, Newell is also an entre- the Bulge. It was an incredible battle fantry Division. He wore on his arm preneur whose craftsmanship is lit- in World War II. To quote British the red keystone patch. The Germans erally built into Utah’s infrastructure. Prime Minister Winston Churchill, this called the patch the Bloody Bucket, re- His company has undertaken every- was ‘‘the greatest American battle of ferring to the ferocity of its fighters. thing from city water projects, designs the war.’’ He was one who landed at Omaha at Lake Powell, to a new bridge over It was an incredible privilege to join Beach, but he was always clear to point Hell’s Backbone in Southern Utah. veterans this past weekend at the 75th out that he wasn’t there on that very Newell is perhaps most widely known anniversary ceremonies in Luxembourg first day. That is how humble these as a public servant who was elected to men are. He landed in Normandy in and Belgium. Remember, it was 75 serve as Wayne County commissioner. July of 1944. They beat back the Ger- years ago. The youngest among these After 4 years, Newell considered step- man Army through France and then veterans, if they went into the service ping down due to illness, but he was into the fiercest battle of them all. In at the age of 18, would, as of today, be undeterred. With a writing campaign, combat for nearly 200 days, they fought 93 years old. Newell Harward was reelected in a against 45 of the 90 German Army divi- The World War II Memorial in Wash- landslide. In October of this year, the sions. He was awarded five Bronze ington pays special tribute to the 16 President welcomed Newell to the Stars. million Americans who served and es- I have with me my dad’s dog tags White House to recognize him for his pecially to the 400,000 who gave their from World War II, along with his mili- lifelong advocacy on behalf of rural lives for our freedom. There are two tary prayer book. On the front it says Americans. flagpoles at that memorial, and at the ‘‘My Military Missal.’’ On the back A true appreciation for Newell’s life base of these flagpoles are the words cover is a rosary, and there is a cross, of service would be incomplete without ‘‘Americans came to liberate, not to as well as the beads, and you could recognizing his unwavering faith and conquer, to restore freedom and to end work your way through the beads in service to the Church of Jesus Christ of tyranny.’’ In winning World War II, your hand in your pocket in a foxhole, Latter-day Saints. Newell has served in this generation gave their all to ensure praying the rosary, as many of them three bishoprics, as bishop of a large that we continue to live in freedom. did. I would point out that these beads ward, and in the stake presidency. As a These heroes didn’t return home until are very well worn. My father was a loving father to Kelly, Lynette, Sarah, the war was over. man who always put his family, his Shonna, Carol, and Travis, a grand- This weekend, we recognized a num- faith, and his country first. father to 18, and a great-grandfather to ber of veterans who are still with us On this, the 75th anniversary of the 3, Newell has left an indelible mark on who helped win the pivotal Battle of Battle of the Bulge, we honor the he- Wayne County, the great State of the Bulge. For these soldiers, the bru- roic and selfless efforts of our Allied Utah, and indeed our Nation. tality of the battle came in the bitter forces. Their triumph over evil speaks All of us should strive to live our cold of winter. They battled the ele- to the core strengths of courage, char- lives as Newell does, with an over- ments—wet snow, intense cold, and acter, and commitment. whelming love of family and commu- freezing fog. Every one of them suf- We will forever give thanks for all of nity, an enduring faith, and a bound- fered from hyperthermia, trench foot, our World War II veterans and their less spirit of adventure. frostbite, and illness. They shivered in families. We will never forget those Newell, Gloria, and their family con- their foxholes. They shivered from frig- who made the ultimate sacrifice. And tinue to be in our prayers as they fight id conditions and maybe some from we will always remember the valiant health challenges with great courage. fright. I speak with deep appreciation Allied forces who saved the free world. May God bless the Harward family. and admiration and awe for their ef- In closing, I want to wish everyone— I suggest the absence of a quorum. forts, their excellence, and their re- especially our dedicated men and The PRESIDING OFFICER. The markable endurance. women in uniform—a very Merry clerk will call the roll. The battle began on December 16, Christmas, a Happy Holidays, and a The senior assistant legislative clerk 1944. That is when Germany launched a Happy New Year. proceeded to call the roll.

VerDate Sep 11 2014 07:37 Dec 18, 2019 Jkt 099060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G17DE6.043 S17DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7080 CONGRESSIONAL RECORD — SENATE December 17, 2019 Mr. ENZI. Mr. President, I ask unani- a moment. It would require better in- quired to include a target ratio of debt- mous consent that the order for the formation on which to base budgets to-gross domestic product, or GDP, quorum call be rescinded. and more active engagement from the which is generally viewed as the best The PRESIDING OFFICER (Mr. tax-writing and each of the spending measure of the country’s ability to SCOTT of Florida). Without objection, committees to ensure that every cor- repay its debt. The hope is that by fo- it is so ordered. ner of the Federal budget is scrutinized cusing on our debt-to-GDP target, we f and that budgets are realistic. could put our country on a glide slope It would also require the Congres- toward a more sustainable fiscal fu- BIPARTISAN CONGRESSIONAL sional Budget Office and the Govern- ture. Under the reform bill, that glide REFORM ACT ment Accountability Office conduct slope can be cutting spending, raising Mr. ENZI. Mr. President, I rise to dis- portfolio reviews of Federal spending revenue, or both. cuss the Bipartisan Congressional Re- and tax expenditures to improve the ef- Fourth, the bill would provide a form Act I introduced with Senator ficiency and effectiveness of Federal mechanism to conform our country’s WHITEHOUSE and many of my col- programs. statutory debt limit to the levels in leagues. Here is what that means: It means the resolution. This will help incor- Last month, the Senate Budget Com- grouping projects regardless of which porate the debt limit into our fiscal mittee approved our legislation—that Cabinet Department has jurisdiction so planning and provide a powerful incen- is the Senate Budget Committee—by a we can see all that we are doing. tive to ensure that the targets set in vote of 15 to 6, marking the first major Use housing, for instance. We have the resolution are attainable. legislation reported by the committee 160 programs under 20 agencies. I can Neither side relishes voting to in- on a bipartisan basis in nearly 30 years. only see 5 reasons—not 160—and they crease the debt limit, as it is easy fod- I am pleased that 21 Senators have now should all be under one jurisdiction, der for political opponents. Yet there is joined Senator WHITEHOUSE and me as not several Cabinet jurisdictions. So, nearly universal agreement that de- cosponsors of this bill. currently, nobody is in charge of set- fault would be unacceptable. Our bill Since I became chairman of the ting goals or seeing if they are effec- tackles this issue in a way that it Budget Committee, we have had more tive. We are paying multiple adminis- maintains the debt limit as a tool to than a dozen hearings on budget proc- trators to argue over jurisdiction rath- ensure fiscal responsibility, while re- ess reform. We have met with budg- er than results—160 of them. moving the brinksmanship surrounding eting experts, including some out- Secondly, our bill would reorient the the potential default. standing State officials, and we have budget process from a yearly to a bian- Fifth, our bill would provide a means listened to insights and concerns nual cycle. Right now, under the Con- to initiate reconciliation in the second shared by colleagues on both sides of gressional Budget Act of 1974, Congress year of the biennium if Congress isn’t the aisle. Along the way, we collected a is supposed to approve a budget resolu- living by its fiscal plan. There has been lot of good ideas that we tried to incor- tion each year that sets discretionary a lot of confusion about this process, so porate into our bill, and I thank all spending levels and provides fiscal pa- let me take a moment to explain it. As I just mentioned, under our bill, those who contributed. rameters for a legislation brought to Now, this legislation will not solve the Senate floor. each budget resolution would include 2 The budget resolution can also pro- years’ worth of discretionary spending all of our fiscal challenges. It does, vide special instructions through a levels and a debt-to-GDP target for the however, represent a good-faith, bipar- process called reconciliation. What final year of the budget. That means tisan effort to reform our budget proc- that means is that instructions are each new Congress would set its own ess in a way that encourages long-term given to authorizing and tax-writing spending levels and debt targets in its planning, realistic and responsible committees to develop legislation to budget agreement, and it would not be budget assumptions, and the end to the achieve hopeful and specific budgetary bound by the targets established by its brinksmanship surrounding our Na- targets. For a variety of reasons, this predecessors. tion’s statutory debt limit. process has not worked very well in re- If, in the second year of the bien- This bill will also make evident what cent years. Instead, Congress resorts to nium, the Congressional Budget Office needs to be done next. I think we passing a series of 2-year deals that set finds that Congress is not on track to struck a pretty good balance. The Com- discretionary spending limits rather meet its debt-to-GDP target, then a mittee for a Responsible Federal Budg- than approving the budget. special reconciliation process is made et says the bill ‘‘would improve trans- I need to explain that word ‘‘discre- available. This is akin to what can al- parency and accountability in the tionary.’’ Out of all the Federal dollars ready be done under current law if you budget process’’ and would ‘‘make the spent, Congress only votes on about 30 pass a budget resolution in the second budget resolution into a more effective percent of the money spent each year. year of Congress, but because we are governing tool.’’ Seventy percent of the spending is on giving appropriators 2 years of discre- According to the Concord Coalition, autopilot. That is mandated to be tionary spending levels upfront, we cre- which was founded by some Democrats, spent. Discretionary spending is the ated a new process in the second year if ‘‘This legislation would move the budg- little amount that Congress actually Congress misses its fiscal goals. Con- et process in a very positive direction.’’ votes on. trary to a misconception that has been Mr. President, I ask unanimous con- Under our bill, Congress would ap- circulated, however, there is nothing sent that the letters from the Com- prove a budget resolution in the first automatic about this process. mittee for a Responsible Federal Budg- year of a biennium that would, among Before reconciliation can proceed, et and the Concord Coalition be printed other things, provide appropriators 2 the Senate Budget Committee, which in the RECORD at the conclusion of my years of discretionary spending totals, will be renamed the Committee on Fis- remarks. similar to a practice in recent years. cal Control and the Budget, would need The reason I am giving the speech is Leadership, not the Budget Committee, to approve a resolution providing def- to clarify some misunderstandings of has been negotiating these 2-year icit-reducing reconciliation instruc- other groups that were commenting on spending deals. tions to one or more committees. most of the original version of the bill Thirdly, the bill would make signifi- That resolution, which would be before amendments from both parties cant reforms to the content of the amendable, would then be considered were adopted in committee. budget resolution. Discretionary spend- by the full Senate. We have added pro- I will not detail all the reforms in ing totals would be included in the res- tections to ensure that Senators have this bill now, but I would like to high- olution text, where individual Members the ability to offer amendments and light a handful of key elements of the could amend them. Mandatory spend- have built in flexibility for unforeseen bill and hopefully clear up some mis- ing totals would be broken up by budg- realities, including economic down- understanding about it. et function so we could see trends in turns. We also applied the existing bur- First of all, our bill tries to ensure portfolios of Federal spending. den rule to this process, which means that we have better information on Here is something really new. The it cannot be used to make changes to which to base budgets. Imagine this for budget resolution would also be re- Social Security.

VerDate Sep 11 2014 03:33 Dec 18, 2019 Jkt 099060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G17DE6.046 S17DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 17, 2019 CONGRESSIONAL RECORD — SENATE S7081 Senators could offer amendments to rules, which have been used to pass def- some amendments were adopted in com- reduce the amount of the deficit reduc- icit-finance tax cuts, this process is mittee, the legislation is a thoughtful, real- tion called for or they can decide they limited to deficit reduction and could istic, and helpful approach to improve the don’t want to proceed with this process help policymakers agree to new rev- budget process on a bipartisan basis. Con- gress should build on and enact some version at all. If they do decide to move for- enue and to reforms to improve of this proposal. ward with this special reconciliation, healthcare programs. And long-term What’s in the Bipartisan Congressional Budget each committee that received an in- deficit reduction can easily co-exist Reform Act? struction would then report legislation with near-term measures to counter a The Bipartisan Congressional Budget Re- within its jurisdiction to reduce the recession.’’ form Act is the result of years of effort, deficit. The instructions themselves Finally, our bill would prioritize building on several past proposals including could not dictate what particular pro- budget transparency. It would give the those from Chairman Enzi, Senator White- grams are to be included in the rec- Senate new budget enforcement tools, house, the recent Joint Select Committee on onciliation legislation. That is left up and it would remove one of the dis- Budget and Appropriations Process Reform to the authorizing and the tax-writing incentives to bringing the budget to (JSC), and even our own Better Budget Proc- committees that have specific policy the floor by fixing the process known ess Initiative recommendations. The proposal would incorporate debt-to- expertise. One thing the instructions as vote-arama. In developing our legislation, I spe- Gross-Domestic-Product (GDP) targets into could not do is increase the deficit. the budget resolution and the budget proc- After each committee approves its cifically set out to establish a process ess, adopt biennial budgeting while keeping instructions, all the recommendations that would allow us to be thoughtful annual appropriations, link debt limit in- would then be sent to the Committee and deliberate in our fiscal decision creases and discretionary spending caps to on Fiscal Control and Budget, where, making, while avoiding the automatic passage of a budget resolution, and add again, they would need to be approved spending cuts over the last decade, transparency requirements such as including and reported to the full Senate. After known as sequestration. interest costs in Congressional Budget Office that step, the legislation would come Under this bill, sequestration is gone. (CBO) scores. Our bill would not tilt the scales to- A brief summary of the bill is available to the floor, where it could be subject from the Senate Budget Committee. to unlimited amendments, giving every ward one party, ideology, or policy. How Might the Fiscal Targets in the Bipar- Senator another opportunity to sup- Rather, it aims to create a neutral tisan Congressional Budget Reform Act Im- port, amend, or oppose the legislation. process to guide Congress in making prove Fiscal Outcomes? Each of these steps affords the Mem- reasoned budget decisions. Each Con- A key aspect is expanding the fiscal goals bers the opportunity to have their gress will decide what fiscal policy included in the budget process. Specifically, ideas incorporated into the special rec- changes may be necessary, whether budget resolutions would set targets for the that means less spending, more rev- ratio of debt held by the public to Gross Do- onciliation or to try to stop it alto- mestic Product (GDP). Congress would set gether. enue, or a combination of the two. We cannot be content to bury our these targets in a joint budget resolution In addition, a similar process would every odd-numbered year, and the Congres- have to play out in the House of Rep- heads in the sand as our more than $23 sional Budget Office (CBO) would evaluate resentatives, and the final bill would trillion debt grows unchecked, swal- adherence to the target in even-numbered have to be signed by the President be- lowing the opportunities of future gen- years. Adopting a budget resolution would fore any policy changes could be en- erations. If you, like me, want to see automatically spin off debt-limit-increase acted. Congress get back to actual budgeting legislation to be signed by the President as In general, our legislation does not and tackling the difficult fiscal issues well as a special reconciliation process in attempt to prescribe House procedures. that we all need to be addressed, then, some cases. Setting fiscal goals is an incred- please join me in supporting the bill. If ibly important first step toward achieving That is in deference to the House and long-term sustainability, and integrating the constitutional prerogative of each you have suggestions on how to make them into the budget resolution could give Chamber of Congress to develop its own it better, I want to hear them. We are current members more ownership of those rules. always open to new ideas, and I think objectives and hopefully strengthen their on- I have heard some concerns that this we have demonstrated it. going commitment to meeting fiscal targets. sets up a one-sided bet that could dic- With that, I recognize my colleague, The proposal goes further than simply set- tate spending cuts over revenue in- who helped to work on this bill. In ad- ting goals. It would establish a new, deficit- creases because only the House of Rep- dition to working on this bill, he was reduction-only reconciliation process if on the special committee for the Budg- needed to achieve the debt-to-GDP levels resentatives can initiate revenue meas- agreed to in the earlier budget resolution. ures. That was never my intention, and et. It was a joint effort between the Under this process, the Senate Budget Com- during the Budget Committee markup House and the Senate, and many of the mittee, renamed the Committee on Fiscal to our legislation, a substitute amend- ideas he brought to this bill from that Control and the Budget, would report a sim- ment that Senator WHITEHOUSE and I committee. ple resolution with reconciliation instruc- drafted was adopted that would allow There being no objection, the mate- tions to the full Senate, where it would be the Senate to deem a revenue measure rial was ordered to be printed in the open for amendments. If approved by the approved by the House as a special rec- RECORD, as follows: Senate, it would instruct applicable commit- tees to produce deficit-reducing legislation onciliation vehicle. I look forward to COMMITTEE FOR A RESPONSIBLE FEDERAL to achieve compliance with debt targets. working with the House on addressing BUDGET Senate procedures for regular reconciliation the procedural issues. ENZI-WHITEHOUSE BUDGET PROCESS BILL legislation would apply to the new reconcili- The intent of our special reconcili- INCLUDES IMPORTANT REFORMS ation process, including the Byrd Rule that, ation process is to force a conversation Nov. 21 2019—Budget Process among other provisions, prohibits changes to about our growing debt and deficits, The Senate Budget Committee recently Social Security. When marking up the legis- not to dictate what the outcome of marked up and reported bipartisan legisla- lation, however, many members expressed a that conversation will be. tion to reform the budget process. The Bipar- desire to understand this process more com- As the Committee for a Responsible tisan Congressional Budget Reform Act, in- pletely before floor consideration. While some have criticized this new tool as Federal Budget said, the criticisms troduced by Chairman Mike Enzi (R–WY) and Senator Sheldon Whitehouse (D–RI), would a threat to low-income programs, we believe that this bill is somehow a threat to improve transparency and accountability in this concern is largely misplaced. The tool low-income programs ‘‘is largely mis- the budget process. It would make the budg- would not automate any changes to spending placed.’’ As the group said, ‘‘The tool et resolution into a more effective governing or revenue, but would instead establish a would not automate any changes to tool by making it easier for policymakers to process to consider deficit reduction meas- spending or revenue, but would instead choose fiscal targets and stick with them. ures. These measures would have to pass the establish a process to consider deficit That, we hope, would mean putting the debt Senate and the House and be signed by the reduction measures. These measures on a more sustainable path. The Senate President (a veto override is also possible). Unlike current reconciliation rules, which would have to pass the Senate and the Budget Committee approved the legislation by a vote of 15 to 6, and it currently has 19 have been used to pass deficit-financed tax House and be signed by the President bipartisan cosponsors in the Senate. cuts, this process is limited to deficit reduc- (a veto override system is also pos- While there may be room to make im- tion and could help policymakers agree to sible). Unlike current reconciliation provements and adjustments to the bill and new revenue and to reforms to improve

VerDate Sep 11 2014 06:29 Dec 18, 2019 Jkt 099060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G17DE6.047 S17DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7082 CONGRESSIONAL RECORD — SENATE December 17, 2019 health care programs. And long-term deficit many years of inaction on a budget resolu- to, but in practice, the Budget Com- reduction can easily co-exist with near-term tion and even more missed deadlines. Process mittee has become two things: one, a measures to counter a recession. reforms alone cannot create the political vehicle for the majority to drive a po- What other provisions might improve fiscal out- will to have a functioning budget, but they litical budget limited to appropriated may allow latent political will to accomplish comes? spending through, with no bipartisan In addition to improving outcomes through more. This bill offers thoughtful ideas to make the process more effective and to im- compromise. We have seen over and this special reconciliation, the bill would es- over how that has ended up. It has tablish a new pathway for a bipartisan budg- prove the framework for lawmakers to con- et resolution, previously championed by Sen. sider budget matters more comprehensively. never been of any use. Even if you get Whitehouse during the JSC last year and in- it done, you break through the budget [From the Concord Coalition, Nov. 6, 2019] troduced separately as S. 63, the Bipartisan by getting to 60 votes, and we do most Budget and Appropriations Reform Act of THE CONCORD COALITION PRAISES BIPARTISAN things around here by getting to 60 2019. A majority of both parties in the Sen- SENATE BUDGET REFORM PLAN votes. It is a fence that is basically a ate Budget Committee and at least 15 mem- WASHINGTON.—The Concord Coalition said line painted on the ground. It is a fence bers of the minority party on the Senate today that a new budget process reform bill with no fence to it. floor would be needed for a budget resolution co-sponsored by Senate Budget Committee Moreover, we do reconciliation. That Chair Mike Enzi (R–WY) and Budget Com- to qualify for this new pathway. Under it, is usually a way to bust around the subsequent appropriations legislation would mittee member Senator Sheldon Whitehouse be easier to consider on the Senate floor, and (D–RI) proposes reforms that would address budget. Both parties have used it. The the budget resolution would automatically some of the most vexing problems plaguing Republicans have used it for the so- spin off legislation with enforceable caps on the current budget process. called tax reform. We used it for one discretionary spending in addition to in- The Bipartisan Congressional Budget Re- segment of the Affordable Care Act. creasing the debt limit. This process could form Act is also co-sponsored by Senators That is what the Budget Committee is help the parties to work together toward Grassley (R–IA), Kaine (D–VA), Crapo (R–ID), boiled down to—a partisan proposal on reasonable deficit reduction measures. Fold- King (I–ME), Graham (R–SC), Coons (D–DE), Barrasso (R–WY), Blunt (R–MO), Johnson (R– appropriations that means nothing and ing the debt limit and spending caps into the a vehicle for getting around the 60-vote bipartisan pathway for the budget resolution WI), Perdue (R–GA), Kennedy (R–LA), would also reduce opportunities for isolated Cramer (R–ND), and Braun (R–IN). filibuster on a regular basis through brinkmanship. ‘‘This legislation comes at a time when the reconciliation. That is it. There is no Other aspects of the bill—like asking CBO budget process is clearly broken and partisan serious look that is taken at the debt to estimate interest costs associated with tensions run high. Senators Enzi, White- or at the deficit. legislation and restricting phony spending house and their fellow co-sponsors are buck- What does this bill do? It does some cuts known as changes in mandatory spend- ing both of these trends and demonstrating a things for which there is very broad ing programs (CHIMPs)—could also improve timely and exemplary standard of leader- agreement. First of all, it was pretty ship,’’ said Robert L. Bixby, executive direc- budget outcomes. Adopting portfolio budg- much unanimous that the way you eting is another positive step, as it would tor of The Concord Coalition. provide a more holistic review of major pro- Among the proposed reforms are moving look at debt is in terms of a debt-to- gram areas regardless of the committees of the budget to a two-year cycle, setting debt- GDP ratio, and this takes us down that jurisdiction and thus help lawmakers coordi- to-GDP targets in the budget resolution and path. Second, you have to do the arith- nate related authorities. establishing a special enforcement process metic correct. You don’t get to a prop- To be sure, the Bipartisan Congressional for these targets, creating a mechanism for er debt-to-GDP ratio unless you look Budget Reform Act would not fix the debt di- conforming the debt limit to the budget res- at the things that add up to the deficit, olution levels, and enhancing reporting re- rectly, nor does it include actual deficit re- which are appropriated spending, duction. Through improvements in the over- quirements to promote transparency. It all budget process, it would give lawmakers would also establish a new procedural option healthcare spending, revenues, and tax more opportunities to think seriously about to encourage budget resolutions with sub- spending. the consequences of high and rising debt as stantial bipartisan support. For one quick word on tax spending, well as more ability to budget comprehen- ‘‘The co-sponsors understand that budget for 2018 the latest report I saw was that sively and mindfully. process reform is not a panacea for the mon- we spent $1.4 trillion going out the What amendments have been proposed? umental fiscal challenges we face as a na- back door of the Tax Code. That is tion, nor is it a substitute for making real The Bipartisan Congressional Budget Re- more than we spend on Social Security. choices on taxes and spending,’’ Bixby cau- That is more than we spend on Medi- form Act was introduced on Oct. 31 and was tioned. ‘‘But creating a process that mini- ordered reported by the Senate Budget Com- mizes short-term brinkmanship and re- care and Medicaid combined. That is mittee on November 6. During the markup, focuses attention on long-term planning more than defense and nondefense dis- the committee made the following changes: would help facilitate a discussion about how cretionary spending combined. You A manager’s amendment by Chairman Enzi best to address these challenges. This legis- can’t not look at tax spending and still to enhance the consensus-oriented aspects lation would move the budget process in a for special reconciliation. have your math right. We address very positive direction.’’ An amendment by Senator Pat Toomey those. (R–PA) to create a new point of order in- Mr. ENZI. I yield the floor. We provide a reasonable timeframe tended to deter the use of the Crime Victims Mr. WHITEHOUSE. Mr. President, I to get to a debt-to-GDP target and Fund to increase unrelated spending through thank Chairman ENZI. I am delighted some warnings about whether or not CHIMPs. to join Senator ENZI on the floor today you are on that glide slope. There was An amendment by Senator Tim Kaine (D– to talk about our bill. An enormous pretty much unanimous consent agree- VA) to add tax expenditures to the scope of amount of work has gone into pre- ment among all of our witnesses in the portfolio budgeting. An amendment by Senator Chris Van Hol- paring for it, including, I want to say, committee and in the select committee len (D–MD) to restrict the ability of the more than a dozen hearings that Chair- that that was the logical way to ad- President to use rescission authority near man ENZI led in the Budget Committee dress debt and deficit. the end of fiscal years and to increase re- to build the factual predicate for the There are also some sidebar things lated reporting requirements. work we were doing. that are important that we get rid of In addition, the following amendments I will, as the Chairman has men- here, such as, we move to biennial were considered but not adopted: tioned, also drop a word of appreciation budgeting, which I think has broad bi- An amendment by Senator David Perdue (R–GA) to align the fiscal year with the cal- to Chairman WOMACK and Chairman partisan support. We deal with what I endar year. An amendment by Senator Ron LOWEY, who ran the Select Committee call ‘‘the bear trap in the bedroom’’— Wyden (D-OR) to remove the new reconcili- on Budget and Appropriations Process the debt ceiling—which is a very dan- ation process to enforce debt-to-GDP tar- Reform, which gave us a chance to gerous thing if you should ever step on gets. work through some more of these it and trigger it. To disarm that bear An amendment by Senator Jeff Merkley issues. trap is very valuable to our efforts, and (D–OR) to require CBO to provide informa- The fundamental problem we are try- we do that. tion on the distributional impacts of legisla- ing to address is that, in the Senate, no Vote-arama is one of the most tion. Nonetheless, Chairman Enzi pledged to work with Senator Merkley and other mem- committee actually looks at the def- undistinguished, useless, humiliating, bers to obtain the information they seek. icit, the debt, and the borrowing in any and embarrassing spectacles that the Lawmakers must continue to improve the kind of a comprehensive way. In the- Senate presents. We solved, I believe, budget process, which has contributed to ory, the Budget Committee is supposed vote-arama.

VerDate Sep 11 2014 06:07 Dec 18, 2019 Jkt 099060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\A17DE6.005 S17DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 17, 2019 CONGRESSIONAL RECORD — SENATE S7083 So that is a pretty good package of this done in this Congress while he is both serve and from where this impor- good, useful reforms to get going in the with us to see it through. tant piece of legislation emanated, this right direction. I yield the floor. has been a long journey. Unfortu- There is a very significant concern, The PRESIDING OFFICER. The Sen- nately, the politics of the day seem to mostly on my side of the aisle, about ator from Iowa. have slowed almost everything up that the special reconciliation process. In f we are trying to do. this bill you alternate between regular In particular, I also want to recog- DEBBIE SMITH REAUTHORIZATION reconciliation and a special reconcili- nize the good work of the Senator from ACT OF 2019 ation process, and then, in the next bi- Iowa on the reauthorization of the Vio- ennial cycle, back to regular reconcili- Ms. ERNST. Mr. President, I stand lence Against Women Act. I am a proud ation and then special reconciliation. proudly before this body today in sup- cosponsor of the legislation she is lead- There is concern that the special rec- port of the passage of the Debbie Smith ing on. My hope is that after the fever onciliation process might be used to Act of 2019. Since its enactment in 2004, breaks, sometime after the first of the jam things we don’t like through— the Debbie Smith Act has been renewed year—I keep hoping for that moment— things like cuts to Medicare, things twice with overwhelming bipartisan we will get back to the nonpartisan re- like very one-sided spending cuts that support. With the tireless work of Sen- authorization of the Violence Against don’t address the problem of tax spend- ator CORNYN and Senator FEINSTEIN, we Women Act. In the meantime, I am ing. will renew this vital piece of legisla- happy to join the Senator on the floor We need to work to solve that. I tion for a third time today. and to talk about the importance of pledge to Chairman ENZI that I will put I want to thank Senator CORNYN very the Debbie Smith Act and to celebrate my best efforts to try to come up with much for being such a diligent leader its imminent passage. a way where we can get through that on behalf of this act. Since 2004, the Debbie Smith Act has problem and move on to passing this The Debbie Smith Act removes one of been the guiding force behind our Na- bill, which I think will be very signifi- the most substantial and burdensome tion’s effort to eliminate the rape kit cant and very valuable once we iron roadblocks to survivors of sexual vio- backlog. Just so everybody under- out what I think is probably, actually, lence achieving the justice they de- stands, at one point there was a report the last real gasp that we have in serve. I have told many people about that there were as many as 400,000 of terms of objection to it. the time I volunteered when I was a these forensic kits, which are used to I will also add that the bipartisan young woman in Iowa State Univer- collect DNA evidence following sexual pathway that we have been working on sity. I volunteered for a crisis hotline assault, sitting in evidence lockers and for when the two parties can come to- and a woman’s shelter. The type of police stations or in labs and which re- gether and agree to those things is in work I was able to volunteer for at mained untested. there. If we really want to do this in a that time was responding with a beeper Once we are reminded of the impor- bipartisan pathway, that is in this bill. to crisis calls at the hospital for tance of this evidence and how power- I appreciate very much that Chairman women who had been through a rape. ful it is to enable law enforcement offi- ENZI included that in the bill. That That, in itself, is very difficult, but the cials to identify an attacker with al- provision passed the bicameral select follow-on work that has to be done can most complete precision and accuracy, committee unanimously—Republicans, often be just as difficult if evidence is the importance of making sure these Democrats, House Members, Senators, not processed timely. kits were tested becomes all that more unanimously. That is a pretty good The Debbie Smith Act does this by obvious. base to work off of. providing funding for crime labs that Since 2011, the Debbie Smith Act has I will close by quoting a phrase that process DNA evidence and by strength- helped Texas—my State alone—reduce I have heard usually from business ening the national DNA database used its backlog of unsubmitted rape kits by folks from time to time. That is that in to help solve these horrific crimes. In approximately 90 percent. business, ‘‘debt doesn’t matter, until it addition, this bipartisan bill supports The benefits don’t stop there, does.’’ But then it is the only thing audits of evidence awaiting analysis at though. The primary goal of this pro- that matters. At the moment, with in- law enforcement agencies and charges gram is to reduce the rape kit backlog terest rates where they are and with the Justice Department with the task and identify attackers—people who the world situation the way it is, one of developing national testing guide- commit sexual assaults. can make the case that debt doesn’t lines. Processing this evidence can also as- matter. But when the day comes that We all know the criminal justice sys- sist investigations in other unrelated it does matter, when interest rates pop tem isn’t designed to be fair to sur- crimes because perpetrators do leave up and the cost of servicing our debt vivors of sexual violence, and it is not their DNA in other places other than begins to squeeze out other priorities, easy on them. It certainly is not a just in the crime of sexual assault. it gets very hard to go back and try to comfortable process. Once this evidence is tested, it is solve that problem then. Coming forward as a survivor is not uploaded into the FBI’s DNA database This is the kind of problem you have the end. It is just the beginning. That called CODIS. This is similar to a to head off in advance. So to the extent is why it is so important that this Con- criminal fingerprint database and can we can solve in a sensible way dealing gress, with Senator CORNYN’s leader- help identify and convict people who with our debt and deficit during the ship, and our criminal justice system commit other crimes as well. calm period when debt doesn’t matter, support survivors of sexual violence by For the civil libertarians among us— we will position ourselves to avoid the funding the availability of DNA evi- and I would like to consider myself one calamity that can come when it is the dence to help bring these predators to of them—this evidence is also very only thing that matters. justice. powerful in discounting or disquali- I pledge to use my best efforts to try Again, I thank the Senator for his fying potential perpetrators from sus- to bring my side into agreement on diligent work on this. The bipartisan picion because if, in fact, DNA of some this bill and to try to find a measure Debbie Smith Act helps to bring us to other person is identified, it obviously that solves our concern about what I the end that our survivors need and is by exclusion of the other person who think is really the only point of signifi- they deserve. Thank you for your lead- may be suspected but who will thereby cant disagreement in this bill, which is ership. be exonerated. what is behind the special reconcili- With that, I yield the floor. According to the National Institute ation process, what mischief that The PRESIDING OFFICER. The Sen- of Justice, 72 percent of the hits in the might be got up to. I think if we can ator from Texas. FBI database system are the direct re- defang this, we can move forward. Mr. CORNYN. Mr. President, let me sult of Debbie Smith Act funding. The Again, much appreciation to Chair- thank the Senator from Iowa for her benefits of this law cannot be over- man ENZI for his extraordinary leader- leadership on so many issues, including stated, and it is time once again—past ship in the budget committee on this this one. Obviously, through her work time, really—to reauthorize this crit- subject. I am determined to try to get on the Judiciary Committee, where we ical program. The Debbie Smith Act of

VerDate Sep 11 2014 03:33 Dec 18, 2019 Jkt 099060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G17DE6.049 S17DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7084 CONGRESSIONAL RECORD — SENATE December 17, 2019 2019 will reauthorize important funding I suggest the absence of a quorum. these are very, very sensitive inves- that supports testing this DNA evi- The PRESIDING OFFICER. The tigations, and the sort of authority dence so we can continue to reduce and clerk will call the roll. that is given to the FBI under these eliminate the rape kit backlog and en- The senior assistant legislative clerk circumstances is very intrusive. In my sure that it will not grow again in the proceeded to call the roll. view, it is entirely justified and nec- future. Mr. CORNYN. Mr. President, I ask essary when, in fact, you are pro- This legislation also supports impor- unanimous consent that the order for tecting the United States from very tant training for law enforcement, cor- the quorum call be rescinded. real counterintelligence matters. But rectional personnel, forensic nurses, The PRESIDING OFFICER. Without the inspector general identified 7 mis- who are the ones who actually collect objection, it is so ordered. takes in the initial Carter Page foreign the DNA evidence using these forensic f intelligence surveillance application kits, as well as other professionals who and 10 additional ones in 3 renewals. assist victims of sexual assault. FEDERAL INTELLIGENCE These were not typos or misspelled The process of getting this legisla- SURVEILLANCE ACT words; these were misrepresentations tion through both Chambers of the Mr. CORNYN. Mr. President, I under- meant to deceive the court so they Congress has not been easy. I have to stand the majority leader will be here would issue a foreign intelligence sur- say I appreciate all of the advocates soon, and when he does come, I will be veillance warrant. who fought tirelessly with us every glad to yield to him. In the meantime, To make matters worse, even as new step of the way to bring us to this mo- I want to talk about last week’s report exculpatory information came to light ment on the precipice of passing this from the inspector general of the De- on Carter Page, this information was reauthorization. I want to particularly partment of Justice on the FBI’s coun- not shared with the Foreign Intel- recognize the folks at RAINN who are terintelligence investigation into the ligence Surveillance Court—informa- consistently remaining above the polit- Trump campaign and its contacts with tion that they would have found rel- ical fray and always putting survivors Russia in 2016. evant in considering whether the FBI first. This is a very long report. It is more and the U.S. Government had met their This legislation would not have been than 400 pages long, and it outlines a required showing. possible without its namesake, Debbie series of errors—17, all counted—made I asked the inspector general whether Smith, and the countless other sur- by the FBI under the leadership of Di- he believed that if the court knew what vivors—people like Lavinia Masters, rector James Comey. we know now, would the court have Carol Bart, and others—who continue It is important for people to realize ever issued the FISA warrant in the to lend their voices to this fight. It is that all these mistakes were made in a first place? He perhaps wisely said he not easy for a woman to come forward previous administration and not under was not in a position to predict what and say: I was a victim of sexual as- the leadership of FBI Director Chris the judges may or may not do, but he sault, and I don’t know who my Wray, and they don’t reflect, in my said he knew they wouldn’t sign a war- attacker was, but I will go through this view, the actions of the rank-and-file rant if they were told that all of the in- intrusive examination in order to as- FBI agents. But it is a serious matter, formation was not included and cer- sist law enforcement in making an and we need to get to the bottom of it, tainly not if they were lied to, as oc- identification and prosecuting the and we need to take corrective action. curred here in the Carter Page foreign case. The fact is, if we don’t catch The report details a pattern of con- intelligence surveillance warrant. As a these predators, they will commit fur- cerning behavior by those who were former judge myself, I think that is ab- ther acts of sexual violence over and charged with protecting and defending solutely accurate. But that begs the question, What is over again until they are finally the United States, and it raises a lot of the FISA Court going to do about this? caught and kept behind bars. red flags. We know what we need to do because If you have not had the chance to Last week, the inspector general tes- already the FBI Director has indicated meet survivors and hear their stories, tified before the Judiciary Committee. that there are a number of areas where you must because the survivors I have I told him at that time—and I think it he believes this whole process needs to met and worked with over the years in bears repeating—that as an ardent sup- be reformed in order to restore public Texas are truly inspiring. I am glad we porter of law enforcement and our in- can finally get this bill passed on their trust in the integrity of this process. telligence community, I worry that the I was interested to see a report in the behalf. mistakes and the intentionally mis- Mr. President, I ask unanimous con- New York Times that is dated today at leading conduct undertaken by some sent that the Senate proceed to the im- 4:55 p.m. entitled ‘‘Court Orders FBI to leaders in the FBI under the previous mediate consideration of H.R. 777, Fix National Security Wiretaps After administration will undermine the which was received from the House. Damning Report.’’ The PRESIDING OFFICER. The public’s confidence in what is a very Mr. President, I ask unanimous con- clerk will report the bill by title. sensitive but important area, like for- sent that following my remarks, this The senior assistant legislative clerk eign intelligence surveillance. article be printed in the RECORD. read as follows: We rely on the men and women of the Take a step back from this scenario A bill (H.R. 777) to reauthorize programs FBI to identify and counter threats to and think more broadly about how this authorized under the Debbie Smith Act of our national security, all the while type of behavior may play out in a 2004. protecting incredibly sensitive infor- criminal proceeding. For example, There being no objection, the Senate mation and the privacy of American imagine you are a judge and you find proceeded to consider the bill. citizens. It requires a tremendous out that you were lied to by the pros- Mr. CORNYN. Mr. President, I ask amount of trust from the American ecution, that you were presented with unanimous consent that the bill be people, and I am afraid that some of information that was not only incor- considered read a third time and passed the information that surfaced in this rect but intentionally fabricated to and that the motion to reconsider be report puts that trust in jeopardy. help build their case. What would you considered made and laid upon the The inspector general detailed a do? Well, depending on the scenario, table. number of truly disturbing and alarm- the court may hold that individual in The PRESIDING OFFICER. Without ing facts about how this investigation contempt of court. The judge may de- objection, it is so ordered. was conducted, especially when it cide to throw out some of the evidence The bill (H.R. 777) was ordered to a comes to the Foreign Intelligence Sur- or the entire case and possibly—prob- third reading, was read the third time, veillance Act, otherwise known as ably—refer that lawyer to disciplinary and passed. FISA. proceedings, where that lawyer would Mr. CORNYN. Mr. President, I have FISA is a means whereby FBI agents be in jeopardy of losing his or her law further remarks, but I understand the can go to the Foreign Intelligence Sur- license. These are remedies that exist leader is on his way here to file some veillance Court and show probable if these sorts of actions happen during important documents and help us cause that an American citizen is an ordinary court proceedings, and I be- progress with our work this week. agent of a foreign power. Obviously, lieve they are probably available to the

VerDate Sep 11 2014 03:33 Dec 18, 2019 Jkt 099060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G17DE6.051 S17DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 17, 2019 CONGRESSIONAL RECORD — SENATE S7085 Foreign Intelligence Surveillance has initiated a full audit to look into While the inspector general, Michael E. Court should the court decide to take the FBI’s compliance with FISA proce- Horowitz, debunked the claims by President that kind of action. dures across the board. Trump and his allies that senior F.B.I. offi- I note that in this article I have at- cials were part of a political conspiracy, his He also noted that the FBI’s National investigation also exposed a litany of errors tached and I referred to earlier, the Security Division Assistant Attorney and inaccuracies by which case agents cher- court has now given the FBI a January General had sent a letter to the FISA ry-picked the evidence about Mr. Page as 10 deadline to come up with a response Court in July of 2018, outlining some of they sought permission to eavesdrop on his to what the court is asking about. the errors made in the Carter Page calls and emails. Of course, the court, I am sure, had FISA applications and saying that DOJ The order specifies no particular reforms to be troubled by what it saw as not for the bureau’s policies for seeking permis- lawyers will be supplementing that in- sion to wiretap people under the Foreign In- only the sloppy work but the inten- formation based on the inspector gen- telligence Surveillance Act, or FISA. But it tional misrepresentation and outright eral report that the inspector general indicated that the court will weigh in on lies used by the FBI in this instance to testified on last week. whether the F.B.I.’s proposals are sufficient. get this foreign intelligence surveil- As we look for ways to prevent this At a Senate Judiciary Committee hearing lance warrant against Carter Page—as type of abuse from happening in the fu- last week about the report’s findings, the well they should be concerned. chairman of the panel, Senator Lindsey Gra- ture, we need to hear from the FISA ham, Republican of South Carolina, ad- But the Foreign Intelligence Surveil- Court what it believes is appropriate dressed the FISA court directly, telling the lance Court is different from ordinary discipline and appropriate measures it judges that they needed to take steps to pre- courts. It handles cases that are crit- needs to take to protect the integrity serve political support for the national secu- ical to our national security, full of of their proceedings and to stop things rity surveillance system. highly sensitive, largely classified in- like this from happening in the future. ‘‘The FISA system, to survive, has to be re- formation, and these same sorts of formed;’’ Mr. Graham said. ‘‘To the FISA All of this would be critical not only to court: We’re looking to you to take correc- remedies that you might use in an or- find what went wrong but also what tive action. If you take corrective action, dinary court may or may not apply. Congress does or does not need to do to that will give us some confidence that you The way I see it, if we don’t take cor- protect the integrity of this process. should stick around. If you don’t, it’s going rective action—if the FBI doesn’t take FISA—the Foreign Intelligence Sur- to be hurtful to the future of the court, and corrective action, if Congress doesn’t veillance Act—is absolutely critical to I think all of us are now thinking differently undertake a review of this whole FISA our national security, and we must not about checks and balances in that regard.’’ process—we will be in danger of losing Mr. Horowitz is scheduled to testify about only protect the integrity of the proc- the report again on Wednesday at a hearing this ability to investigate or to collect ess but restore the American people’s before the Senate Homeland Security and intelligence to keep our country safe. trust in it. Governmental Affairs Committee. The only way that happens currently is I know this isn’t something that can Mr. Horowitz suggested several changes. if the public trusts Congress and the be solved overnight, but I am com- He recommended that the F.B.I. overhaul FISA Court to enforce the laws and mitted to working with all of our col- the forms used to ask the Justice Depart- rules to make sure that privacy inter- ment to submit a FISA request or renewal to leagues here in Congress, as well as the ensure they identify any information that ests of American citizens are ade- Justice Department and the Foreign cuts against suspicions about a target; sur- quately protected, and only based upon Intelligence Surveillance Court, to try face any reasons to be skeptical about an in- an extraordinary showing—an evi- to do what we need to do to prevent formant whose information is included; and dentiary showing by the Government these failures from ever happening require agents and supervisors to reverify that a FISA warrant is warranted again. factual assertions repeated from prior appli- should that be ordered by the court. cations when they seek renewals. There being no objection, the mate- In a statement issued when the report was All of that is at risk unless, I believe, rial was ordered to be printed in the released, the F.B.I. director, Christopher A. reform is undertaken and the court RECORD, as follows: Wray, said he accepted Mr. Horowitz’s find- takes corrective action in whatever [From The New York Times, Dec. 17, 2019] ings and embraced the need to make means it thinks appropriate to punish changes. He said he was ordering ‘‘concrete COURT ORDERS F.B.I. TO FIX NATIONAL changes’’ to ensure that that FISA process those who misled it in issuing these SECURITY WIRETAPS AFTER DAMNING REPORT four FISA warrants for Carter Page. was ‘‘more stringent and less susceptible to (By Charlie Savage) mistake or inaccuracy.’’ This whole episode, I believe, sets a Among the other ideas floated by reform very dangerous precedent. If these In a rare public order, the secretive For- eign Intelligence Surveillance Court re- proponents, including the American Civil agents and lawyers are able to break sponded to problems with the eavesdropping Liberties Union: appointing a third party to every rule to investigate a political on a former Trump campaign aide uncovered critique the government’s cases for wire- campaign of an American President by an inspector general. tapping people, at least in sensitive inves- and are facing no consequences, what is A secretive federal court accused the F.B.I. tigations, or allowing defense lawyers with to stop others from doing that in the on Tuesday of misleading it about the fac- security clearances to see the government’s tual basis for wiretapping a former Trump evidence presented to the FISA court on future? If they can use the awesome those rare occasions when it is used to pros- power of the Federal Government to in- campaign adviser and ordered the bureau to propose changes in how investigators seek ecute a suspect. vestigate a Presidential campaign and Mr. Horowitz has already begun an audit of permission for some national security sur- other, unrelated FISA applications to see someone who later became President, veillance. whether there is a broader pattern of prob- what chance do ordinary Americans In an extraordinary public order, the pre- have of making sure that the rules will lems in how the F.B.I. is portraying the evi- siding judge on the Foreign Intelligence Sur- dence about suspects. Another possibility for be applied to them and that their pri- veillance Court, Rosemary M. Collyer, gave reform is that going forward, the bureau’s vacy will be respected? the F.B.I. a Jan. 10 deadline to come up with general counsel could oversee recurring au- We have to have accountability for a proposal. It was the first public response dits of a random sampling of FISA applica- these errors and these intentionally de- from the court to the scathing findings re- tions, so that case agents will always have to ceptive representations. We can’t have leased last week by the Justice Department’s take into account that someone may later independent inspector general about the second-guess their work. people like that working at the FBI wiretapping of the former Trump adviser, who are charged with supporting our In his report, Mr. Horowitz scrutinized the Carter Page, as part of the Russia investiga- four applications that the Justice Depart- national security. We can’t allow that tion. ment submitted between October 2016 and to continue or to happen again. ‘‘The frequency with which representations June 2017 to wiretap Mr. Page, whom F.B.I. We need to see that adequate dis- made by F.B.I. personnel turned out to be agents suspected might be a conduit between ciplinary measures are undertaken by unsupported or contradicted by information the Trump campaign and Russia during its the FBI, perhaps by the court itself, in their possession, and with which they covert operation to manipulate the 2016 pres- while Congress looks at what we can do withheld information detrimental to their idential election. case, calls into question whether informa- to reform this whole FISA procedure to The review uncovered a deeply dysfunc- tion contained in other F.B.I. applications is tional and flawed process riddled with inac- make sure things like this do not hap- reliable,’’ Judge Collyer wrote. curacies and material omissions. Investiga- pen in the future. The court ‘‘expects the government to pro- tors highlighted facts that made Mr. Page I was glad to see, in his report, the vide complete and accurate information in look suspicious while failing to mention po- inspector general said that his office every filing,’’ she added. tentially exculpatory ones, and when they

VerDate Sep 11 2014 07:37 Dec 18, 2019 Jkt 099060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G17DE6.052 S17DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7086 CONGRESSIONAL RECORD — SENATE December 17, 2019 sought to renew the wiretap, they failed to dangers of potential FISA abuses will join we need to take care of the defense ap- correct earlier statements whose credibility me in looking forward and reform of that propriations bill, which has now been had since come under serious question, the court,’’ Mr. Blumenthal said, adding: ‘‘I hope passed by the House and which will be report found. that we can come together on a bipartisan coming over here to the Senate soon Justice Department lawyers who deal di- basis to reform the FISA process.’’ rectly with the FISA court passed that mis- and which I expect we will act on by leading portrait onto the judges. While Mr. f Thursday. Horowitz’s findings placed most of the direct NATIONAL DEFENSE Sadly, though, this has also fallen to blame on a handful of case agents and their AUTHORIZATION ACT the wayside while our Democratic col- supervisors who worked directly with the leagues in the House have worked tire- raw evidence, his report also blamed senior Mr. CORNYN. Mr. President, I know lessly to try to remove the President officials for permitting a culture in which this year is rapidly coming to a close, such actions could happen. from office. We are in the posture of and we are all anxious to join our fami- having to do that this week only be- The report said Mr. Horowitz’s investiga- lies for the holidays. tors had found no evidence that political bias cause the agreement that was made against Mr. Trump was behind the prob- The impeachment frenzy, though, has last August on spending caps was lems—as opposed to apolitical confirmation almost completely engulfed the Cap- walked away from by our Democratic bias, gross incompetence or negligence. But itol, particularly on the House side, for colleagues in the Senate, and it has the inspector general said the explanation the past few months and has made it taken us all this time to get back to the F.B.I. offered—that the agents had been very difficult, if not impossible, for busy with other aspects of the Russia inves- where we thought we were in the Au- Congress to get much of its work done; gust timeframe. tigation, and the Page FISA was a minor hence, the last-minute rush to get part of those responsibilities—was unsatis- Despite the deal reached over the factory. things done that we should have done summer to keep the appropriations Congress enacted FISA in 1978 to regulate weeks and perhaps months earlier. process free from poison pill riders, our the government’s use of domestic surveil- One of the victims of this impeach- friends across the aisle have tried to lance for national-security investigations— ment mania has been the National De- force liberal wish list items into the those aimed at monitoring suspected spies fense Authorization Act, and I am glad and terrorists—as opposed to ordinary crimi- bill. we finally were able to pass that today. Thanks to Senator INHOFE, that has nal cases. The law sets up a special court, For the last 58 years, the NDAA—the made up of 11 sitting district court judges largely been avoided. I must also thank who are selected to serve staggered terms by national defense act—has passed with MAC THORNBERRY, the ranking member the chief justice of the Supreme Court, and broad bipartisan support. But this on the House side. decide whether the evidence shows a target year, things took a little different We have also managed to avoid a gov- is probably a foreign agent. turn. While we maintained historical ernment shutdown, but the process has In 2018, government records show, the norms here in the Senate and passed certainly not been pretty. We have court only fully denied one of 1,080 final ap- the bill by a vote of 86 to 8, our House plications submitted under FISA to conduct been forced to pass two short-term electronic surveillance. However, the court Democratic colleagues took a com- funding bills, which have kept the also demanded unspecified modifications to pletely different route. They managed trains running but failed to provide the 119 of those applications before approving to come up with a bill that was so par- predictability we thought we were them. There were 1,833 targets of FISA or- tisan that not a single Republican going to get into the future once the 2- ders, including 232 Americans, that year. voted for it in the House. National-security wiretaps are more secre- year budget deal was agreed upon last A party-line vote in the House may August. tive than ordinary criminal ones. When not be newsworthy, but a party-line criminal wiretap orders end, their targets So I am happy in one sense that the are usually notified that their privacy has vote on the national defense authoriza- deal was finally reached to avoid a gov- been invaded. But the targets of FISA orders tion bill is. ernment shutdown, and I am in the are usually not told that their phone calls Fortunately, after months of nego- process of reviewing these huge funding and emails have been monitored, or that tiations, Senator INHOFE, chairman of packages that total about $1.4 trillion. their homes or businesses have been the Armed Services Committee, and Let me just say that I also appreciate searched. Senator REED, the ranking member, And when people are prosecuted for crimes the hard work of our friend from Ala- based on evidence derived from ordinary were able to work with their House bama, Chairman SHELBY, and our col- criminal wiretaps, the defendants and their counterparts to reach a compromise on leagues on the appropriations commit- lawyers are usually allowed to see what the the bill, as I said, that passed earlier tees for their work to keep the doors government told judges about them to win today. open and to keep our commitments to approval for that surveillance, giving them This legislation is vitally important our men and women in uniform. the opportunity to argue that investigators because it will give our commanders I am hopeful we will be able to act made mistakes and the evidence should be the predictability they need, as well as suppressed. before this funding expires this Friday. But defense lawyers, even those with secu- the troops the resources they have I yield the floor. rity clearances, are not shown FISA applica- earned. The PRESIDING OFFICER. The Sen- tions for their clients. As a result, there is It also authorizes $400 million for ator from Arizona. no prospect of second-guessing in an adver- military construction projects in Ms. MCSALLY. Mr. President, I rise sarial court setting to keep F.B.I. agents places like Texas and 90 new F–35 Joint today to talk about the importance of scrupulous about how they portray the evi- Strike Fighters that are made in Fort a vote we took earlier on the National dence when seeking to persuade FISA judges Worth. to sign off on putting a target under surveil- Defense Authorization Act for Fiscal lance. Overall, the NDAA will strengthen Year 2020. In the absence of that disciplining factor, our national security, and it will ben- This bill delivers on the needs of the the Justice Department and F.B.I. have de- efit all of our servicemembers and warfighter today and invests in capa- veloped internal procedures that are sup- their families and our military bases, bilities we must have for the future. posed to make sure that the evidence pre- including those in Texas. I also fought for and secured huge sented in FISA applications is accurate and So I just want to say that I appre- wins for the Grand Canyon State. As includes any facts that might undercut the ciate the hard work of Chairman home to 10 military installations, Ari- government’s case. But that system failed in the Page wiretaps, Mr. Horowitz’s report INHOFE and Senator REED, the ranking zona plays a key role in many missions showed. member, and all of our colleagues on critical to our Nation’s defense. Our bi- At the Senate hearing, one of the rare the Armed Services Committee on both partisan legislation highlights the in- areas of agreement between Republicans and sides of the Capitol and look forward to credible contributions that Arizona Democrats was the need for change to the it being signed by the President, hope- bases, citizens, and industry make to FISA system. Senator Richard Blumenthal, fully, without further delay. support our military each and every Democrat of Connecticut, who has unsuc- This was a critical step to strengthen day. cessfully proposed legislation to tighten re- our Nation’s military, but it is only Since I have been in Congress, I led strictions on national-security surveillance in the past, said he welcomed the moment. part of our duty to provide our troops the fight to stop the A–10 from being ‘‘I hope my Republican colleagues who with the resources and training and the mothballed, and this bill continues to have been so vocal and vehement about the equipment they need to succeed. Now secure resources needed to modernize

VerDate Sep 11 2014 03:33 Dec 18, 2019 Jkt 099060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\A17DE6.036 S17DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 17, 2019 CONGRESSIONAL RECORD — SENATE S7087 the A–10, based at Davis-Monthan Air was stalled for unforeseen environ- ment to the Senate amendment to H.R. Force Base. mental issues at the construction site, 1865. We also succeeded in funding a new so it wasn’t ready to spend the fiscal The PRESIDING OFFICER. The hangar and barracks at Marine Corps year 2019 funds that we approved for it. clerk will report. Air Station Yuma and additional F–35s This funding would have been diverted The senior assistant legislative clerk at Luke Air Force Base and Yuma for to some other purpose in any other read as follows: training and deploying the next gen- year. It could have been funded in fis- The Senator from Kentucky [Mr. MCCON- eration of F–35 pilots. cal year 2020, but the Democrats re- NELL] moves to concur to the House amend- I also secured funding to upgrade the fused to support that. The earliest the ment to the Senate amendment. Barry Goldwater training ranges and project will be ready to start is next CLOTURE MOTION many other Arizona initiatives. summer. Mr. MCCONNELL. I send a cloture The annual defense bill is about pro- The Secretary of the Army has as- motion to the desk on the motion to tecting the people who protect us. This sured me that this project will be in concur. year’s bill reiterates to the men and the budget for fiscal year 2021, which The PRESIDING OFFICER. The clo- women of our military that we have starts 91⁄2 months from now, following ture motion having been presented their backs. It provides the highest pay the completion of this environmental under rule XXII, the Chair directs the raise in a decade and protects military cleanup. I will continue to fight for the clerk to read the motion. families from greedy contractors who funding for Fort Huachuca and resolve The legislative clerk read as follows: provide their tenants dangerous and to work hand-in-hand with the Army CLOTURE MOTION unlivable base housing. These contrac- until this project is complete. We, the undersigned Senators, in accord- tors, who act more like slumlords than Finally, I have to note that this is ance with the provisions of rule XXII of the landlords, will now be required to im- the first NDAA that this body has Standing Rules of the Senate, do hereby plement a tenant bill of rights. passed in decades without Senator move to bring to a close debate on the mo- We also give military families more John McCain. I think I speak for Mem- tion to concur in the House amendment to power in filing disputes and fund addi- bers of the Armed Services Committee the Senate amendment to H.R. 1865, a bill to tional housing office personnel to en- and this entire Senate when I say that require the Secretary of the Treasury to sure families have advocates on base. mint a coin in commemoration of the open- we have felt his absence deeply this ing of the National Law Enforcement Mu- I am particularly pleased to see 17 of past year. While he may not have been my 18 reforms to combat sexual assault seum in the District of Columbia, and for physically with us, it still has the fin- other purposes. in the military are also included in this gerprints of his leadership, grit, and ul- Mitch McConnell, Susan M. Collins, bill. Earlier this year, I disclosed that timate dedication to servicemembers Richard Burr, David Perdue, Pat Rob- I, too, am a survivor of military sexual and military families. erts, John Cornyn, Shelley Moore Cap- assault. After I did, I charged the top His memory has propelled us to se- ito, John Thune, John Boozman, Rob leaders at the Pentagon to imme- cure lasting, meaningful reforms for Portman, Richard C. Shelby, Roy diately identify ways to improve the the men and women who serve, wheth- Blunt, Jerry Moran, John Hoeven, investigation process and support to er in uniform, as a family member, or Roger F. Wicker, Thom Tillis, Lisa Murkowski. victims. in a supporting civilian role. My provisions increased the number This is the 59th consecutive annual MOTION TO CONCUR WITH AMENDMENT NO. 1258 of personnel investigating sexual as- defense bill that has been passed. It re- Mr. MCCONNELL. I move to concur sault cases and ensure a victim has ac- mains a shining example, for the most in the House amendment to the Senate cess to a special victims’ counsel with- part, of what we can accomplish when amendment to H.R. 1865 with a further in 72 hours of reporting an assault. we work together to protect Americans amendment. These and my other improvements and support our troops. The PRESIDING OFFICER. The share the goal of getting justice for It was my privilege to bring home clerk will report. victims sooner. these massive wins, working with my The senior assistant legislative clerk The greatest disappointment in an colleagues on the Armed Services Com- read as follows: otherwise bipartisan bill is the lack of mittee, for our troops and for the great The Senator from Kentucky [Mr. MCCON- backfill funding for military construc- State of Arizona. NELL] moves to concur to the House amend- tion projects. I yield the floor. ment to the Senate amendment with a fur- After unprecedented obstruction by The PRESIDING OFFICER (Ms. ther amendment numbered 1258. Democrats on border security funding, MCSALLY). The majority leader is rec- The amendment (No. 1258) is as fol- some resources were diverted to border ognized. lows: security projects under authorities le- f At the end add the following. gally granted to the President by Con- ‘‘This act shall be effective 1 day after en- NATIONAL LAW ENFORCEMENT actment.’’ gress. MUSEUM COMMEMORATIVE COIN I hear from my constituents all the Mr. MCCONNELL. I ask for the yeas ACT time in our pro-military and southern and nays on the motion to concur with border State: We can and must secure Mr. MCCONNELL. Madam President, an amendment. our border and fund our military. Life I understand the Senate has received a The PRESIDING OFFICER. Is there a is full of difficult choices. This message from the House to accompany sufficient second? shouldn’t be one of them for any Mem- H.R. 1865. There is a sufficient second. ber on either side of the aisle. The PRESIDING OFFICER. The Sen- The yeas and nays were ordered. The Senate voted in a landslide, bi- ator is correct. AMENDMENT NO. 1259 TO AMENDMENT NO. 1258 partisan way, 86 to 8, to fund effective Mr. MCCONNELL. I ask that the Mr. MCCONNELL. I have a second-de- military construction projects in this Chair lay before the Senate the mes- gree amendment at the desk. bill—in the Senate version of this bill. sage accompanying H.R. 1865. The PRESIDING OFFICER. The The Presiding Officer laid before the Then, during conference negotiations, clerk will report. Senate the following message from the Democrats refused to fully fund these The senior assistant legislative clerk House of Representatives: projects due to political games sur- read as follows: Resolved, That the bill from the House of The Senator from Kentucky [Mr. MCCON- rounding border security. Representatives (H.R. 1865) entitled ‘‘An Act Think about that for a minute. They NELL] proposes an amendment numbered 1259 to require the Secretary of the Treasury to to amendment No. 1258. didn’t like the President diverting the mint a coin in commemoration of the open- resources to secure our border, so they ing of the National Law Enforcement Mu- Mr. MCCONNELL. I ask unanimous decided to take it out on our military seum in the District of Columbia, and for consent that the reading of the amend- by refusing to backfill funding. other purposes.’’, with the following amend- ment be dispense with. Our military deserves better. The ment to the Senate amendment. The PRESIDING OFFICER. Without American people deserve better. MOTION TO CONCUR objection, it is so ordered. Nevertheless, one of Arizona’s fiscal Mr. MCCONNELL. Madam President, The amendment (No. 1259) is as fol- year 2019 projects at Fort Huachuca I move to concur in the House amend- lows:

VerDate Sep 11 2014 03:33 Dec 18, 2019 Jkt 099060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G17DE6.055 S17DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7088 CONGRESSIONAL RECORD — SENATE December 17, 2019 Strike ‘‘1 day’’ and insert ‘‘2 days’’ ceived a message from the House to ac- The PRESIDING OFFICER. Is there a MOTION TO REFER WITH AMENDMENT NO. 1260 company H.R. 1158. sufficient second? Mr. MCCONNELL. Madam President, The PRESIDING OFFICER. The Sen- There appears to be a sufficient sec- I move to refer the House message on ator is correct. ond. H.R. 1865 to the Committee on Appro- Mr. MCCONNELL. I ask that the The yeas and nays were ordered. priations with instructions to report Chair lay before the Senate the mes- AMENDMENT NO. 1264 TO AMENDMENT NO. 1263 back forthwith. sage to accompany H.R. 1158. Mr. MCCONNELL. I have a second-de- The PRESIDING OFFICER. The The Presiding Officer laid before the gree amendment at the desk. clerk will report. Senate the following message from the The PRESIDING OFFICER. The The senior assistant legislative clerk House of Representatives: clerk will report. read as follows: Resolved, That the bill from the House of The senior assistant legislative clerk The Senator from Kentucky [Mr. MCCON- Representatives (H.R. 1158) entitled ‘‘An Act read as follows: NELL] moves to refer the message to accom- to authorize cyber incident response teams The Senator from Kentucky [Mr. MCCON- pany H.R. 1865 to the Committee on Appro- at the Department of Homeland Security, priations with instructions to report back NELL] proposes an amendment numbered 1264 and for other purposes’’, do pass with the to amendment No. 1263. forthwith with an amendment numbered amendment to the Senate amendment. 1260. Mr. MCCONNELL. I ask unanimous MOTION TO CONCUR The amendment (No. 1260) is as fol- consent that the reading be dispensed Mr. MCCONNELL. I move to concur lows: with. in the House amendment to the Senate At the end add the following. The PRESIDING OFFICER. Without ‘‘This Act shall take effect 3 days after the amendment to H.R. 1158. objection, it is so ordered. date of enactment.’’ The PRESIDING OFFICER. The The amendment is as follows: clerk will report the motion. Mr. MCCONNELL. I ask for the yeas Strike ‘‘1 day’’ and insert ‘‘2 days’’ The senior assistant legislative clerk and nays on my motion. MOTION TO REFER WITH AMENDMENT NO. 1265 The PRESIDING OFFICER. Is there a read as follows: Mr. MCCONNELL. I move to refer the The Senator from Kentucky [Mr. MCCON- sufficient second? House message to H.R. 1158 to the Com- There appears to be a sufficient sec- NELL] moves to concur in the House amend- mittee on Appropriation with instruc- ond. ment to the Senate amendment. tions to report back forthwith. The yeas and nays were ordered. CLOTURE MOTION The PRESIDING OFFICER. The AMENDMENT NO. 1261 Mr. MCCONNELL. I send a cloture clerk will report the motion. Mr. MCCONNELL. Madam President, motion to the desk on the motion to The senior assistant legislative clerk I have an amendment to the instruc- concur. read as follows: tions. The PRESIDING OFFICER. The clo- The PRESIDING OFFICER. The ture motion having been presented The Senator from Kentucky [Mr. MCCON- NELL] McConnell moves to refer the House clerk will report the amendment. under rule XXII, the Chair directs the The senior assistant legislative clerk message to accompany H.R. 1158 to the Com- clerk to read the motion. mittee on Appropriations with instructions read as follows: The legislative clerk read as follows: to report back forthwith with an amendment The Senator from Kentucky [Mr. MCCON- CLOTURE MOTION numbered 1265. NELL] proposes an amendment numbered 1261 with instructions of the motion to refer. We, the undersigned Senators, in accord- The amendment is as follows: ance with the provisions of rule XXII of the At the end add the following. Mr. MCCONNELL. I ask unanimous Standing Rules of the Senate, do hereby consent that the reading be dispensed ‘‘This Act shall take effect 3 days after the move to bring to a close debate on the mo- date of enactment.’’ with. tion to concur in the House amendment to The PRESIDING OFFICER. Without the Senate amendment to H.R. 1158, a bill to Mr. MCCONNELL. I ask for the yeas objection, it is so ordered. authorize cyber incident response teams at and nays on my motion. The amendment (No. 1261) is as fol- the Department of Homeland Security, and The PRESIDING OFFICER. Is there a lows: for other purposes. sufficient second? Strike ‘‘3 days’’ and insert ‘‘4 days’’ Mitch McConnell, Susan M. Collins, There appears to be a sufficient sec- Richard Burr, David Perdue, Pat Rob- ond. Mr. MCCONNELL. Madam President, erts, John Cornyn, Shelley Moore Cap- The yeas and nays were ordered. I ask for the yeas and nays on my ito, John Thune, John Boozman, Rob AMENDMENT NO. 1266 amendment. Portman, Richard C. Shelby, Roy The PRESIDING OFFICER. Is there a Blunt, Jerry Moran, John Hoeven, Mr. MCCONNELL. I have an amend- sufficient second? Roger F. Wicker, Thom Tillis, Lisa ment to the instructions. There appears to be a sufficient sec- Murkowski. The PRESIDING OFFICER. The ond. MOTION TO CONCUR WITH AMENDMENT NO. 1263 clerk will report. The yeas and nays were ordered. Mr. MCCONNELL. I move to concur The senior assistant legislative clerk AMENDMENT NO. 1262 TO AMENDMENT NO. 1261 on the House amendment to the Senate read as follows: Mr. MCCONNELL. I have a second-de- amendment to H.R. 1158 with further The Senator from Kentucky [Mr. MCCON- gree amendment at the desk. amendment. NELL] proposes an amendment numbered 1266 The PRESIDING OFFICER. The The PRESIDING OFFICER. The to the instructions to the motion to concur. clerk will report. clerk will report the motion. Mr. MCCONNELL. I ask unanimous The senior assistant legislative clerk The senior assistant legislative clerk consent that the reading be dispensed read as follows: read as follows: with. The Senator from Kentucky [Mr. MCCON- The PRESIDING OFFICER. Without The Senator from Kentucky [Mr. MCCON- NELL] proposes an amendment numbered 1262 objection, it is so ordered. to amendment No. 1261. NELL] moves to concur on the House amend- ment to the Senate amendment with a fur- The amendment is as follows: Mr. MCCONNELL. I ask unanimous ther amendment numbered 1263. Strike ‘‘3 days’’ and insert ‘‘4 days’’ consent that the reading be dispensed The amendment is as follows: Mr. MCCONNELL. I ask for the yeas with. The PRESIDING OFFICER. Without At the end add the following: and nays on my amendment. objection, it is so ordered. ‘‘This act shall be effective 1 day after en- The PRESIDING OFFICER. Is there a The amendment (No. 1262) is as fol- actment.’’ sufficient second? lows: Mr. MCCONNELL. I ask unanimous There appears to be a sufficient sec- Strike ‘‘4’’ and insert ‘‘5’’ consent that the reading be dispensed ond. The yeas and nays were ordered. f with. The PRESIDING OFFICER. Without AMENDMENT NO. 1267 TO AMENDMENT NO. 1266 DHS CYBER HUNT AND INCIDENT objection, it is so ordered. Mr. MCCONNELL. I have a second-de- RESPONSE TEAMS ACT OF 2019 Mr. MCCONNELL. I ask for the yeas gree amendment at the desk. Mr. MCCONNELL. Madam President, and nays on the motion to concur with The PRESIDING OFFICER. The I understand that the Senate has re- my amendment. clerk will report.

VerDate Sep 11 2014 04:29 Dec 18, 2019 Jkt 099060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\A17DE6.039 S17DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 17, 2019 CONGRESSIONAL RECORD — SENATE S7089 The senior assistant legislative clerk a compromise. As with any com- tion for the dangerous chemicals read as follows: promise, there are things I support and known by their abbreviations PFAS The Senator from Kentucky [Mr. MCCON- things I wish the final bill had in- and PFOA, nor was a sufficient author- NELL] proposes an amendment numbered 1267 cluded. ization included that would support the to amendment No. 1266. Of great significance is the inclusion cleanup of these chemicals. The NDAA Mr. MCCONNELL. I ask unanimous in this bill of a provision providing 12 also includes authorization of the consent that the reading of the Amend- weeks of paid parental leave for all President’s Space Force, which I be- ment be dispensed with. Federal employees. There are Federal lieve increases bureaucracy at the ex- The PRESIDING OFFICER. Without employees in every corner of this coun- pense of our real priorities. objection, it is so ordered. try, including in Vermont. We lead by Nonetheless, I believe this is a good The amendment is as follows: example when we say that the Federal bill that supports our troops, and for Strike ‘‘4’’ and insert ‘‘5’’ Government will support new parents, that reason, I support its passage. who will now be able to be home with f f their new child in those important first VOTE EXPLANATION EXECUTIVE SESSION days. I hope that this example is one that can be replicated throughout our Mr. MERKLEY. Madam President, I workforce. wish to state for the record that al- EXECUTIVE CALENDAR The fiscal year 2020 NDAA includes though an important engagement in Oregon kept me from being present in Mr. MCCONNELL. Madam President, important wins for servicemembers, I move to proceed to executive session their families, and our national secu- the Capitol to participate in the clo- to consider Calendar No. 550. rity as well. I am pleased that at long ture vote on this year’s National De- The PRESIDING OFFICER. The last we have successfully introduced a fense Authorization Act, NDAA, I question is on agreeing to the motion phase-out of the so-called Widows’ Tax. would have voted nay had I been to proceed. This bill mandates gender integration present. I am pleased that the NDAA would The motion was agreed to. for Marine Corps training, makes much phase out the reduction of survivor The clerk will report the nomination. needed progress in addressing the use benefit plan annuities to ensure that The legislative clerk read nomina- and after effects of open-air burn pits, the families of our fallen tion of Stephen E. Biegun, of Michigan, and demands new standards for micro- servicemembers receive the Federal to be Deputy Secretary of State. electronics supply chains, so we know our technology is working for us. support they need and deserve; would CLOTURE MOTION Closer to home, the bill authorizes guarantee 12 weeks of paid family leave Mr. MCCONNELL. I send a cloture $30 million to construct a new Army for Federal employees; fence funds for motion to the desk. Mountain Warfare School in Jericho. the introduction of new Intermediate- The PRESIDING OFFICER. The clo- This is important to Vermont and to Range Nuclear Forces, INF; limit nu- ture motion having been presented the Nation. This major construction clear cooperation agreements under under rule XXII, the Chair directs the project will allow the Vermont Army section 123 of the U.S. Atomic Energy clerk to read the motion. National Guard, one of the Nations’ Act with countries that lack safe- The legislative clerk read as follows: few mountain battalions, to better ful- guards; and support the legally-binding CLOTURE MOTION fill their mission of training soldiers and verifiable limits of the New We, the undersigned Senators, in accord- from the Guard, Reserves, and Active START Treaty as being in the national ance with the provisions of rule XXII of the Duty to accomplish their mission in security interest of the United States. Standing Rules of the Senate, do hereby cold, rugged terrain. Vermont is an However, other aspects of the bill are move to bring to a close debate on the nomi- ideal training ground because its cause for serious concern, outweighing nation of Stephen E. Biegun, of Michigan, to be Deputy Secretary of State. mountains and climate are chal- these strong points, and must not be Mitch McConnell, Steve Daines, Mike lenging, but still allow training overlooked. Rounds, David Perdue, Pat Roberts, throughout the year for all levels of ex- I am deeply concerned by this legis- Shelley Moore Capito, John Thune, pertise. That training is important to lation’s failure to prohibit funds for John Boozman, Roger F. Wicker, Rich- the Army because mountain skills re- unauthorized war with Iran. There is ard Burr, Mike Crapo, John Cornyn, quire the ability to move from one no doubt that war with Iran would be a Rob Portman, Richard C. Shelby, Roy place to another when major obstacles reckless, disastrous mistake. Yet the Blunt, Jerry Moran, John Hoeven. are in the way, something valuable President has made a number of impul- Mr. MCCONNELL. I ask unanimous anywhere the Army operates. sive, provocative public statements consent that the mandatory quorum The bill includes an important meas- that risk escalating tensions. Congress calls for the cloture motions be waived. ure based on an amendment I filed as must protect its authority to declare The PRESIDING OFFICER. Without well to improve condolence payment war, and that means no blank checks objection, it is so ordered. authorities for civilians who are killed to the administration for an unauthor- f as a result of U.S. military operations. ized war with Iran. We have included funds for this purpose It is also unthinkable that the final LEGISLATIVE SESSION for years through the appropriations NDAA does not prohibit funds for intel- process, but very few payments have ligence support to the Saudi-led coali- been made and record keeping has tion in a war that has caused a cata- MORNING BUSINESS often been poor. The new provisions in strophic humanitarian crisis in Yemen. Mr. MCCONNELL. Madam President, this bill aim to improve the process Communities have crumbled as a result I ask unanimous consent that the Sen- and increase its use, so that when civil- of this conflict, and an acute cholera ate proceed to legislative session for a ians are harmed in war, their families outbreak and famine have killed more period of morning business, with Sen- are not left economically destitute as than 85,000 children under the age of 5. ators permitted to speak therein for up well. The United States has no place sup- to 10 minutes each. I am disappointed that this bill does porting, prolonging, or being complicit The PRESIDING OFFICER. Without not include measures that were adopt- in this war’s widespread civilian cas- objection, it is so ordered. ed by the House of Representatives to ualties. f repeal authorizations for the use of In addition, I am concerned that the force that were adopted nearly two dec- NDAA does not prohibit funds for the NATIONAL DEFENSE ades ago. We simply must have a de- deployment of a low-yield warhead on a AUTHORIZATION ACT bate in Congress about our ongoing en- submarine-launched ballistic missile. Mr. LEAHY. Madam President, I sup- gagement around the world that relies The use of this powerful and aggressive port the fiscal year 2020 National De- on these AUMFs. tool could drastically increase the risk fense Authorization Act. The final, I wish the final agreement had in- of instigating a destabilizing nuclear conferenced version of this bill reflects cluded a hazardous substance designa- arms race.

VerDate Sep 11 2014 04:29 Dec 18, 2019 Jkt 099060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G17DE6.069 S17DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7090 CONGRESSIONAL RECORD — SENATE December 17, 2019 Here at home, the final NDAA con- lic service in the U.S. House of Rep- cal Years 2018, 2019, and 2020 (hereinafter, ference report removed provisions to resentatives and the U.S. Senate. ‘‘the Act’’). This explanation reflects the result of ne- address PFAS water contamination. With JOHNNY’s retirement, the Sen- ate is losing a truly great leader; a gotiations and disposition of issues reached More than 16 million Americans cur- between the House Permanent Select Com- rently drink water contaminated with man of courage, whose dedication to mittee on Intelligence (HPSCI) and the Sen- PFAS chemicals, which can affect this country has inspired me more ate Select Committee on Intelligence (SSCI) every major organ in the human body times than I can count; a man of (hereinafter, ‘‘the Agreement’’). The expla- and put humans at higher risk of a honor, who has worked tirelessly for nation shall have the same effect with re- wide variety of health conditions and the veteran community; and a man of spect to the implementation of the Act as if complications including liver and kid- compassion, who I am so grateful to be it were a joint explanatory statement of a ney damage and thyroid disease. The able to call a dear friend. conference committee. The explanation comprises three parts: an decision to reject remedies to this ur- We will never be able to fully thank overview of the application of the annex to gent public health issue in the NDAA is JOHNNY for all he has done for the rest accompany this statement; unclassified con- deeply disturbing and completely unac- of us, but today, I want to try. JOHNNY, gressional direction; and a section-by-sec- ceptable. thank you for being there for me at tion analysis of the legislative text. Finally, this NDAA does not include Walter Reed when I was a Wounded PART I: APPLICATION OF THE CLASSIFIED ANNEX adequate safeguards to ensure account- Warrior, just home from combat. The classified nature of U.S. intelligence ability for wasteful defense spending. Thank you for being by my side last activities prevents the HPSCI and SSCI (col- At a time when America far outspends spring, a decade and a half later, on my lectively, the ‘‘congressional intelligence every other nation in the world mili- first trip back to Iraq. committees’’) from publicly disclosing many tarily, while working families are grap- Thank you for always being there details concerning the conclusions and rec- pling with stagnant wages and rising when it matters the most, for being ommendations of the Agreement. Therefore, costs of living, it could not be more im- such an incredible advocate for our vet- a classified Schedule of Authorizations and a classified annex have been prepared to de- portant that the Pentagon and its con- erans, for giving the absolute best scribe in detail the scope and intent of the tractors are accountable to American birthday and holiday presents, and for congressional intelligence committees’ ac- taxpayers. We should be doing far more showing what it means to lead a life tions. The Agreement authorizes the Intel- to scrutinize defense spending and to guided by integrity, a life defined by ligence Community (IC) to obligate and ex- evaluate whether we could maintain a service. pend funds not altered or modified by the strong military while redirecting badly You have made our Nation stronger classified Schedule of Authorizations as re- needed funding to the American peo- and our Union more perfect. You will quested in the President’s budget, subject to ple’s priorities on health care, housing, be missed every time this Chamber is modification under applicable reprogram- ming procedures. education, and infrastructure. gaveled into session. The classified annex is the result of nego- Mr. President, I wish to state once f tiations between the congressional intel- again that I would have voted nay had ligence committees. They reconcile the dif- JOINT EXPLANATORY STATEMENT I been present. I look forward to work- ferences between the congressional intel- ing with all of my colleagues to resolve Mr. BURR. Madam President, this ligence committees’ respective versions of these critical issues in future bills and explanation reflects the status of nego- the bill for the National Intelligence Pro- to advance the health, safety, and well- tiations and disposition of issues gram (NIP) for Fiscal Years 2018, 2019, and 2020. The Agreement also makes rec- being of all Americans. reached between the House Permanent Select Committee on Intelligence and ommendations for the Military Intelligence f Program (MIP) and the Information Systems the Senate Select Committee on Intel- VOTE EXPLANATION Security Program (ISSP), consistent with ligence for the Damon Paul Nelson and the National Defense Authorization Act for Ms. DUCKWORTH. Madam President, Matthew Young Pollard Intelligence Fiscal Year 2020, and provides certain direc- I was necessarily absent for vote No. Authorization Act for Fiscal Years tion for these two programs. The Agreement 395 on confirmation of Executive Cal- 2018, 2019, and 2020. This bill is named applies to IC activities for Fiscal Year 2020. endar No. 452, Aurelia Skipwith, of In- after two dedicated staffers—Matthew The classified Schedule of Authorizations diana, to be Director of the United Young Pollard of the Senate Select is incorporated into the bill pursuant to Sec- States Fish and Wildlife Service. On tion 5102 of Subdivision 1. It has the status of Committee on Intelligence and Damon law. The classified annex supplements and vote No. 395, had I been present, I Paul Nelson of the House Permanent adds detail to clarify the authorization lev- would have voted nay on confirmation. Select Committee on Intelligence— els found in the bill and the classified Sched- I was also necessarily absent for vote whose contributions to America will ule of Authorizations. The congressional in- No. 396 on confirmation of Executive have an enduring, positive impact on telligence committees view direction and Calendar No. 530, John Joseph Sul- our national security. recommendations, whether contained in this livan, of Maryland, to be Ambassador The explanation shall have the same explanation or in the classified annex, as re- Extraordinary and Plenipotentiary of effect with respect to the implementa- quiring compliance by the Executive Branch. the United States of America to the tion of this act as if it were a joint ex- PART II: SELECT UNCLASSIFIED CONGRESSIONAL Russian Federation. On vote No. 396, planatory statement of a conference DIRECTION had I been present, I would have voted committee. The explanation comprises Unclassified Direction related to Subdivi- nay on confirmation. three parts: an overview of the applica- sion 1 of the Act relates to Fiscal Year 2020. Unclassified Direction related to Subdivision I was also necessarily absent for vote tion of the annex to accompany this 2 originated in Fiscal Years 2018 and 2019. No. 397 on confirmation of Executive statement, unclassified congressional The term ‘‘Committees’’ refers to both SSCI Calendar No. 543, Stephen Hahn, of direction, and a section-by-section and HPSCI. Texas, to be Commissioner of Food and analysis of the legislative text. UNCLASSIFIED DIRECTION RELATED TO Drugs, Department of Health and I ask unanimous consent that the SUBDIVISION 1 Human Services. On vote No. 397, had I Joint Explanatory Statement for the Plans for Operations During Government Shut- been present, I would have voted nay Damon Paul Nelson and Matthew downs by All Elements of the Intelligence on confirmation. Young Pollard Intelligence Authoriza- Community. f tion Act for Fiscal Years 2018, 2019, and The Committees have an active interest in 2020 be printed into the RECORD. the impact of government shutdowns on the TRIBUTE TO JOHNNY ISAKSON There being no objection, the mate- intelligence mission. Office of Management Ms. DUCKWORTH. Madam President, rial was ordered to be printed in the and Budget (OMB) Circular A–11, Section 124, outlines how agencies are supposed to plan I rise today to recognize my colleague RECORD, as follows: OHNNY SAKSON for operations during government shut- and friend, Senator J I , DAMON PAUL NELSON AND MATTHEW YOUNG for a lifetime of service to our Nation downs, and Section 124.2 provides that agen- POLLARD INTELLIGENCE AUTHORIZATION ACT cies must share those plans with OMB. Addi- that started with his time as a FOR FISCAL YEARS 2018, 2019, AND 2020 tionally, Section 323 of the Intelligence Au- loadmaster in the Georgia Air National The following is the explanation of the thorization Act for Fiscal Year 2014 requires Guard, to his tenure in the Georgia Damon Paul Nelson and Matthew Young Pol- the Office of the Director of National Intel- General Assembly, to his years of pub- lard Intelligence Authorization Act for Fis- ligence (ODNI), the Central Intelligence

VerDate Sep 11 2014 06:33 Dec 18, 2019 Jkt 099060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\A17DE6.037 S17DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 17, 2019 CONGRESSIONAL RECORD — SENATE S7091 Agency (CIA), and IC elements within the The DNI shall ensure that such programs tory Statement accompanying the Intel- Department of Defense (DoD) to share those are facilitated via the streamlining of the se- ligence Authorization Act for Fiscal Year 2017 same plans with specified congressional com- curity clearance process for graduating stu- directed updates to Intelligence Community mittees, including the congressional intel- dents from such universities who receive of- Directive 731, Supply Chain Risk Manage- ligence committees. fers of employment from IC elements, pro- ment, and Committee leadership has engaged These requirements, however, omit IC ele- vide for the temporary exchange of faculty senior industry representatives about the ments that are not separate ‘‘agencies’’ for and IC professionals, including as visiting threats to the national security industrial the purposes of OMB Circular A–11, Section fellows, and technical training opportunities base posed by adversaries and competitors, 124, and are not ODNI, CIA, or elements for faculty, students, and IC personnel. including China. Over the past few years, the within the DoD for the purposes of the IAA Therefore, the Committees direct all IC Department of Defense has been elevating se- for Fiscal Year 2014. As a result, no such re- agencies to support the IC-CAE effort by curity as a ‘‘fourth pillar’’ (to complement porting requirement currently exists for IC tracking recruits and new hires who have cost, schedule, and performance) in review- elements within the Departments of Justice, graduated from IC-CAE-designated institu- ing defense acquisitions, embodied in the Treasury, Energy, State, and Homeland Se- tions, promptly reporting these numbers to Under Secretary of Defense for Intelligence’s curity. For that reason, when portions of the the office in charge of IC-CAE implementa- ‘‘Deliver Uncompromised’’ initiative. federal government were shut down between tion, and increasing all IC agencies’ efforts Section 5305 of the Act extends that focus December 2018 and February 2019, the Com- to recruit from such institutions. to the IC, requiring the annual Program Management Plans to include security risks mittees had little to no insight into the ef- Access to Sensitive Compartmented Information fects of the shutdown on these and other im- in major system acquisitions, in addition to Facilities. portant segments of the IC. cost, schedule, and performance. The Com- Therefore, the Committees direct IC ele- The Committees remain concerned about mittees recognize that security can be ap- ments within the Departments of Justice, impediments for companies with appro- plied across a number of areas (facilities, Treasury, Energy, State, and Homeland Se- priately cleared personnel being able to per- personnel, information, and supply chain) curity to submit to the congressional intel- form work for government entities and the and may vary by program, to appropriately ligence committees—on the same day as the effects of these impediments on IC access to ensure system integrity and mission assur- host department’s issuance of any plan for a innovative products and services. For exam- ance. government shutdown—the number of per- ple, businesses without access to a Sensitive Therefore, for the purposes of imple- sonnel in their respective elements that will Compartmented Information Facility menting section 5305 of the Act, the Commit- be furloughed. (SCIF), which includes many small busi- tees direct the Director of National Intel- ligence, with the Director of the National Program Manager-Information Sharing Envi- nesses and non-traditional contractors, find Counterintelligence and Security Center, to ronment Review. it difficult to perform classified work for the IC. Construction and accreditation of SCIF develop parameters for including security Section 1016 of the Intelligence Reform and spaces may be cost-prohibitive for small risks (and risk management measures) in the Terrorism Protection Act of 2004 (IRTPA) business and non-traditional government annual Program Management Plans to assist created a Program Manager-Information congressional oversight. Sharing Environment (PM-ISE), adminis- contractors. Additionally, SCIF construction timelines Intelligence Community Public-Private Talent tered from within the ODNI, to better facili- often exceed the period of performance of a Exchange. tate the interagency sharing of terrorism-re- contract. A modern trend for innovative and lated information. Section 1016 also des- The Committees fully support section 5306 ignated the PM-ISE as a presidentially-ap- non-traditional government contractors is of Subdivision 1’s implementation in accord- pointed position. Section 6402 of Subdivision the use of co-working space environments. ance with applicable federal ethics laws, reg- 2 of the Act amends the IRTPA, so that the Additionally, public and private entities are ulations, and policies. PM-ISE is subject to appointment by the Di- partnering to create emerging regional inno- Expansion of Scope of Protections for Identities rector of National Intelligence (DNI), not the vation hubs to help identify technology solu- of Covert Agents. President. Since the establishment of the tions and products in the private sector that Section 5303 of Subdivision 1 of the Act re- PM-ISE, the Federal government has created can be utilized by the DoD and IC. These in- moves temporal and geographic limitations entities, procedures, and processes to address novation hubs currently produce an agile, on the definition of ‘‘covert agent’’, as that directly the mandate for improved terrorism neutral, but largely unclassified, develop- term was defined by Section 606 of the Intel- information sharing. Accordingly, the Com- ment environment. ligence Identities Protection Act of 1982, mittees find it appropriate to reconsider the Therefore, the Committees direct the ODNI P.L. 97–200 (Jun. 23, 1982) (IIPA). future of the PM-ISE’s mission. to submit a report to the congressional intel- Such limitations originally carved out of Therefore, the Committees direct the ligence committees on: the IIPA unauthorized disclosures of certain ODNI, in consultation with appropriate Fed- 1. Processes and procedures necessary to kinds of classified identity information— eral departments, agencies, and components, build, certify, and maintain certifications those generally involving persons who have within 180 days of enactment of this Act, to for multi-use sensitive compartmented fa- not served or acted abroad in the last five conduct a review of the PM-ISE’s terrorism cilities not tied to a single contract and years—on grounds that such disclosures are information sharing mission, associated where multiple companies can securely work generally less harmful to national security, functions, and organizational role within the on multiple projects at different security and therefore undeserving of IIPA protec- ODNI and provide findings and recommenda- levels; tions. But experience since then has proven tions on the future of the PM-ISE to Con- 2. Analysis of the advantages and disadvan- otherwise. With the benefit of experience, gress. tages of issuing DoD Contract Security Spec- the Committees have concluded that any dis- Leveraging Academic Institutions in the Intel- ification (DD Form 254s) to Facilities’’ as op- closure of currently classified identity infor- ligence Community. posed to Contracts’’; mation, without regard to the location or 3. Options for classified co-use and shared recency of the activities of the person whose The Committees encourage the DNI and workspace environments such as innovation, information is disclosed, can risk serious the Director of the DIA to ensure that IC ele- incubation, catalyst, and accelerator envi- harm to national security. That being the ments continue to forge tighter partnerships ronments; case, such disclosures should potentially with leading universities and their affiliated 4. Pros and cons for public, private, govern- present a basis, under appropriate cir- research centers in order to enhance mutual ment, or combination owned facilities that cumstances, for prosecution under the IIPA. awareness of domestic and international can operate at different classification levels; The Committees wish to stress, however, challenges, leverage subject matter experts and that the change does not imply any en- from higher education in a manner that uses 5. Any other opportunities to support com- hanced risk of IIPA liability for journalists. cutting edge technologies and methods, and panies with appropriately cleared personnel In the thirty-seven years since enactment, bolsters the recruitment of top-notch, di- but without effective access to a neutral the statute has never been used to prosecute verse, and technically proficient talent into SCIF. members of the media. In fact, prosecutors the IC’s workforce. have charged violations of the IIPA in only Inclusion of Security Risks in Program Manage- The Committees further believe that IC- two cases, both of which involved unauthor- ment Plans Required for Acquisition of sponsored academic programs such as the In- ized disclosures by former federal govern- Major Systems in the National Intelligence telligence Community Centers for Academic ment employees of classified information ob- Program. Excellence (IC-CAE) should work closely tained during their employment. The Com- with educational institutions that offer Section 5305 of Subdivision 1 of the Act mittees view this spare record, so far as tra- interdisciplinary courses of study and learn- adds security risk as a factor for the DNI to ditional newsgathering and publication is ing opportunities in national and inter- include in the annual Program Management concerned, as reflecting the heavy, con- national security; geopolitical affairs, inter- Plans for major system acquisitions sub- straining influence of the First Amend- national relations and national security; mitted to the congressional intelligence ment’s Press Clause. Journalists continue to interdisciplinary courses of study in the cul- committees pursuant to Section this day to report aggressively on intel- ture, history, languages, politics, and reli- 102A(q)(1)(A) of the National Security Act of ligence matters. gions of major world regions; foreign lan- 1947 (50 U.S.C. 3024(q)(1)(A)). The Committees The IIPA’s enforcement history also re- guage instruction; computer and data are increasingly concerned with the security flects the narrowness of Section 601(c), a pro- science; or cybersecurity. risks to IC acquisitions. The Joint Explana- vision which some have interpreted to expose

VerDate Sep 11 2014 05:52 Dec 18, 2019 Jkt 099060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A17DE6.054 S17DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7092 CONGRESSIONAL RECORD — SENATE December 17, 2019 traditional journalists to the risk of liability late on security clearance reform, including and Principal Deputy DNI is critical to NIU’s under the statute. But in the Committees’ in this Act. The Committees expect that all success at ODNI. The Committees look for- view, that provision does not cover respon- IC elements will fully and promptly comply ward to working with ODNI and DoD on the sibly investigating and reporting news in the with requests from the GAO made to support successful transfer of NIU. public interest. There is a high burden for studies requested by, or of interest to, the Associate Degree Program Eligibility. conviction under Section 601(c). It requires a Committees. prosecutor to prove beyond a reasonable The Committees are concerned that stu- Clarification of Death Benefits for Survivors of dents enrolled in, or who have graduated doubt, among other things, that a defendant Central Intelligence Agency Personnel. engaged in a ‘‘pattern of activities’’: a series from, Associate Degree programs have insuf- The Committees concur with the Executive of acts with the common purpose or objec- ficient opportunities to gain employment in Branch that section 5341 of Subdivision 1 of tive of identifying and publicly exposing cov- the IC. Therefore, the Committees direct the the Act shall apply retroactively from the ert agents. Such conduct entails ‘‘engag[ing] ODNI to submit a report to the congressional date of enactment of this Act. in a purposeful enterprise of revealing covert intelligence committees on how to expand identities’’ or being in the ‘‘business of nam- Intelligence Community Leave Policies. the number of opportunities for students ing names,’’ as the Conference Report to the The Committees find it imperative that pursuing or having earned an Associate De- IIPA put it in 1982. H.R. Rep. No. 97–580, at 9 the federal government, to include the IC, re- gree eligible for IC academic programs. The (1982). cruit, hire, and retain a highly qualified Committees also direct the ODNI to make Traditional news gathering and publica- workforce. That depends in part on offering information about these academic programs tion—including on abuses of power, viola- federal personnel a competitive benefits publicly available. tions of law and civil liberties, and other package—including with respect to parental Exposing Predatory and Anticompetitive For- controversial activity—does not require, or leave and related benefits. Toward that end, eign Economic Influence. even typically involve, such conduct. Indeed, the Committees strongly believe the federal The Committees are concerned about the as the Conferees illustrated the point: government must align such benefits to the significant threat posed by foreign govern- The reporters who have investigated the fullest extent possible with those of leading ments that engage in predatory and anti- activities of Wilson and Terpil, former CIA U.S. private sector companies and other in- competitive behaviors aimed to undercut employees who allegedly supplied explosives dustrialized countries. critical sectors of the United States econ- and terrorist training to Libya, would not be In furtherance of that objective, the Com- omy. Therefore, the Committees direct the covered even if they revealed the identity of mittees in their respective bills supported a DNI, in consultation with the Assistant Sec- covert agents if their pattern of activities provision to provide twelve weeks of paid pa- retary of the Treasury for Intelligence and was intended to investigate illegal or con- rental leave to all IC employees. The Com- Analysis, to submit to the congressional in- troversial activities, and not to identify cov- mittees further support the succeeding pro- telligence committees a report identifying ert agents. Similarly, David Garrow would vision in the National Defense Authorization top countries that pose a substantial threat not be within the scope of the statute even Act (NDAA) for Fiscal Year 2020 that pro- to the United States economy regarding though he purported to give the identity of vides government employees, to include technology transfer issues, predatory invest- covert agents in his book, ‘‘The FBI and those in the IC, with twelve weeks of paid ment practices, economic espionage, and Martin Luther King, Jr.: from ‘Solo’ to Mem- administrative leave in the event of birth of other anticompetitive behaviors. The report phis.’’ His intent presumably was to explain a child, or the placement of a child for pur- shall be submitted in unclassified form to what drove the FBI to wiretap Martin Lu- poses of adoptive or foster care. This is con- the greatest extent possible, but may include ther King and not to identify and expose cov- sistent with, and supersedes, provisions that a classified annex. ert agents. were contained in the House-passed and Sen- Furthermore, the DNI, in consultation H.R. Rep. No. 97–580, at 10. The same holds ate-passed Intelligence Authorization Acts with the Department of the Treasury and true for traditional, responsible journalists for Fiscal Years 2018, 2019, and 2020. Impor- other agencies that the Director deems ap- today. Even after amendments made by the tantly, that NDAA provision does not modify propriate, shall submit a report to the con- Act, their work does not risk liability under or otherwise affect the eligibility of an IC gressional intelligence committees assessing the revised IIPA. employee for benefits relating to leave under the costs and benefits of requiring a foreign Furthermore, section 5303 has no effect on any other provision of law, to include the person or entity that invests in the United what information may be withheld under the provisions of the Family and Medical Leave States (and is subject to the jurisdiction of a Freedom of Information Act, 5 U.S.C. § 552 Act (FMLA), 29 U.S.C. § 2601, et seq. country that poses a substantial threat to (FOIA). Section 5303 expands the universe of Moreover, so far as concerns the provi- the United States economy) to submit an- ‘‘covert agents’’ whose classified relation- sion’s implementation, the Committees di- nual disclosures to the Federal Government. ship with the United States Government is rect the DNI, within 180 days after enact- Such disclosures would include all invest- protected by the criminal law. All of the peo- ment of this Act, to provide a briefing for ments that the foreign person or entity made ple protected by the expanded ‘‘covert the Committees on how each element of the in the United States during the preceding agent’’ definition have a relationship with IC will implement 5 U.S.C. section 6382(d)(2), year; the ownership structure of the entity; the United States government that is al- as provided by this Act. and any affiliation of the entity with a for- ready classified. If an individual’s relation- Transfer of National Intelligence University. eign government. The report should detail ship with the government is classified, it The Committees have been closely watch- how such information could be used by the may be withheld under FOIA. Consequently, ing the evolution of how the IC provides for IC and other elements of the Federal govern- even before passage of section 5303, identi- advanced intelligence education. The De- ment working to identify and combat foreign fying information for all of the individuals fense Intelligence Agency (DIA) has hosted threats to the United States economy, and covered by the IIPA expansion could already an intelligence college since 1962, which has the appropriate scope and thresholds for have been withheld under FOIA’s (b)(1) ex- been academically accredited since 1983. such disclosures. The report shall be sub- emption for national security information. When the ODNI was created in the Intel- mitted in unclassified form, but may include In general, when justifying withholding ligence Reform and Terrorism Prevention a classified annex. under FOIA information that tends to iden- Act of 2004, ODNI created a separate Na- tify covert agents, agencies should use (b)(1) Increasing Data Security. tional Intelligence University (NIU) under classification exemptions, not (b)(3) exemp- its auspices as a complement to DIA’s intel- The Committees are aware the IC faces tions regarding the IIPA and other statutes. ligence effort. In response to a report from challenges while trying to balance mission 5 U.S.C. §§ 552(b)(1), (3). the President’s Intelligence Advisory Board and enterprise needs with IT modernization, Section 5303 is not intended to—and does that accused the ODNI of being inadequately including the migration of data and applica- not—affect Congress’ authority to oversee focused, the ODNI in 2011 transferred the NIU tions to the cloud. With this in mind, the the IC. Section 5303 is not intended to—and to DIA’s intelligence college and rebranded Committees encourage the IC to identify and does not—affect the protections afforded to the new combined institution as NIU. utilize technologies that increase the secu- whistleblowers to disclose violations of law Pursuant to the Joint Explanatory State- rity posture of data and workloads and re- and waste, fraud, and abuse to Inspectors ment to the Intelligence Authorization Act duce cyber risks. General or to Congress. for Fiscal Year 2017, an independent panel of- The Committees further recommend that: Intelligence Community Cooperation with the fered alternative governance models to en- 1. IC elements identify, develop, and imple- Government Accountability Office. hance NIU, to include a more prominent role ment tools for bi-directional data migration The Committees believe the Government for ODNI. In parallel, analyses of DIA by the and division interoperability between data Accountability Office (GAO) adds significant Secretary of Defense and the HPSCI during center and cloud environments; value to the Committees’ oversight efforts. the 115th Congress concluded that DIA would 2. These tools include, but are not limited For example, the GAO’s designation in 2018 benefit from moving NIU elsewhere in the IC. to, encryption of data while both at rest and of the government-wide Personnel Security The Committees believe transferring NIU in motion, and micro-segmentation of net- Clearance process to its high-risk list of fed- to ODNI is now appropriate if certain condi- works and workloads; and eral areas needing reform to prevent waste, tions, contained in section 5324 of Subdivi- 3. IC elements prioritize shifting resources fraud, abuse, and mismanagement, was im- sion 1 of the Act, are met. The Committees towards automation as a way to respond portant to the Committees’ efforts to legis- believe that clear commitment from the DNI more quickly to cyber threats.

VerDate Sep 11 2014 05:52 Dec 18, 2019 Jkt 099060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A17DE6.055 S17DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 17, 2019 CONGRESSIONAL RECORD — SENATE S7093 Anonymous Annual Survey Regarding Work- promotion of women and minority employ- contractors from contacting or meeting with place Climate. ees. However, some elements may produce the congressional intelligence committees or IC elements obtain mission-critical infor- such information only from time to time; member offices in all current and future con- mation from the results of anonymous, an- others may make regular submissions to the tracts to include pre-coordination with exec- nual surveys of their employees, on issues re- Committees but include only general infor- utive branch agencies. lated to workplace climate and retention. As mation. Enhancing Automation at the National necessary as they are to the elements’ own Therefore, the Committees direct that Geospatial-Intelligence Agency. every six months, the head of each element activities, survey results are also vital to the The Committees strongly support efforts of the IC shall submit to the Committees a Committees’ continuing oversight of ele- to leverage commercial advances in automa- written report that shall include, at a min- ments’ efforts to address workplace climate tion of imagery such as electro-optical, in- imum: and retention issues, and to propose legisla- frared, Wide Area Motion Imagery (WAMI), 1. The total number of women and minori- tive and other remedies where appropriate. Full Motion Video (FMV), and Synthetic Ap- ties hired by that element during the report- The need for reliable information is espe- erture Radar (SAR) products to reduce man- ing period and a calculation of that figure as cially acute with respect to sexual harass- ual processing and improve information flow a percentage of the agency’s total hiring for ment and discrimination, given that—estab- to users. However, the Committees are con- lished policy and legal protections notwith- that period; 2. The distribution of women and minori- cerned that NGA does not dedicate adequate standing—an employee may fear that di- resources to integrate new automation tech- rectly raising concerns about such matters ties at that element by grade level and by job series in the element’s total workforce niques, which have resulted in years of re- risks exposing the employee to retaliatory search into the issue, but limited operation personnel, security clearance, or other ac- during the reporting period, together with comparisons from the immediately preceding gains during day-to-day imagery processing. tions. The anonymous survey affords the ele- Therefore, the Committees direct NGA, ment, and the Committees, a mechanism for two years; 3. The number of women and minorities within 90 days of enactment of this Act, to inquiring further about the extent of this who applied for promotion at the element brief the congressional intelligence and de- well-documented chilling effect against re- and the final number selected for promotion fense committees on an updated plan to re- porting; and about the effectiveness (or not) during the reporting period; duce manual processing of imagery such as of ongoing programs to uncover and root out 4. The proportion of the total workforce of electro-optical, infrared, WAMI, FMV, and sexual harassment, discrimination, and the element occupied by each group or class SAR to improve information flow to users. other illegal and/or inappropriate activities protected by law, as of the last day of the re- The briefing shall also address: at the workplace. porting period; 1. NGA’s strategy to leverage commercial Therefore, the Committees direct that no 5. The numbers of minorities and women advances; later than 180 days after enactment of this serving in positions at the element requiring 2. The various GEOINT automated exploi- Act, the DNI must certify in writing to the advanced, specialized training or certifi- tation development programs across the Na- congressional intelligence committees that: cation, as well as the proportion of the work- tional System for Geospatial-Intelligence, 1. At least once a year, each element of the force those groups occupy; and and the associated funding and specific pur- IC submits a survey to its employees regard- 6. To the extent that such element deploys pose of said programs; ing workplace climate and retention mat- civilian employees to hazardous duty loca- 3. Any similar efforts by government enti- ters, and affords employees completing such tions, the number of women and minority ties outside the National System for surveys the option to remain anonymous; employees who departed government service Geospatial-Intelligence of which NGA is 2. Such survey includes questions regard- subsequent to a deployment undertaken by aware; and ing employees’ experiences with sexual as- an employee in the previous two years. 4. Which of these efforts may be duplica- sault, discrimination, harassment, including tive. Report on Geospatial Commercial Activities for sexual harassment, and related retaliation, Redundant Organic Software Development. including, at a minimum, the questions cov- Basic and Applied Research and Develop- ment. The Committees are concerned that NGA ering the following topics: is developing software solutions that are a. Have you witnessed sexual harassment The Committees direct the Director of the otherwise available for purchase on the com- or sexual assault? National Geospatial-Intelligence Agency mercial market. This practice often in- i. Did you report it? (NGA), in coordination with the DNI, the Di- creases the time it takes to deliver new ca- ii. If not, why not? rector of the Central Intelligence Agency pabilities to the warfighter; increases the b. Have you experienced sexual harassment (CIA), and the Director of the National Re- overall cost of the solution through expen- or sexual assault? connaissance Office (NRO), within 90 days of sive operational and maintenance costs; and i. Did you report it? enactment of this Act, to submit to the con- ii. If not, why not? gressional intelligence and defense commit- undermines the U.S. software industrial c. Have you experienced retaliation for re- tees a report on the feasibility, risks, costs, base. Therefore, the Committees direct NGA, porting harassment, discrimination, or sex- and benefits of providing the private sector within 60 days of enactment of this Act, to ual assault? and academia, on a need-driven and limited brief the Committees, to identify all NGA i. Have you faced retribution for taking basis—consistent with the protection of developed software programs and explain leave for family, medical, or other personal sources and methods, as well as privacy and why they are being developed organically in- reasons? civil liberties—access to data in the posses- stead of leveraging commercially available ii. Did you fear retribution for taking sion of the NGA for the purpose of assisting products. leave? the efforts of the private sector and aca- 3. Each element includes in its survey demia in basic research, applied research, Critical Skills Recruiting for Automation. questions regarding the job series, position, data transfers, and the development of auto- Although cutting edge sensors have pro- age, gender, race or ethnicity, field, and job mation, artificial intelligence, and associ- vided the IC and Department of Defense with location at the time of the survey’s comple- ated algorithms. Such report shall include: exquisite imagery, full motion video (FMV), tion; 1. Identification of any additional authori- and wide area motion imagery (WAMI), in- 4. Each element tracks employees’ re- ties that the Director of NGA would require telligence analysts are unable to keep pace sponses according to job series, position, age, to provide the private sector and academia with the volume of data being generated. gender, race or ethnicity, field, and location with access to relevant data on a need-driven This demands a transformation in the way at the time of the survey’s completion; and and limited basis, consistent with applicable the intelligence enterprise processes, orga- 5. Each element reports the results of its laws and procedures relating to the protec- nizes, and presents data. For that reason, the survey annually to the congressional intel- tion of sources, methods, privacy and civil Committees fully support the NGA’s efforts ligence committees. liberties; and to attract, recruit, and retain a highly com- Report to Congress on the Representation of 2. Market research to assess the commer- petent workforce that can acquire and inte- Women and Minorities in the Workforce. cial and academic interest in such data and grate new data automation tools. The Committees continue to strongly sup- determine likely private-sector entities and Therefore, the Committees direct NGA, port IC efforts to identify, recruit, and retain institutions of higher education interested in within 60 days of enactment of this Act, to a highly diverse and highly qualified work- public-private partnerships relating to such brief the congressional intelligence and de- force—including, in particular, its efforts to data. fense committees on NGA’s efforts to recruit increase the representation within elements NRO Contracting Restrictions. critical skills such as mathematicians, data of the IC of women and minorities. The Committees continue to be very con- scientists, and software engineers that pos- This is a data driven exercise. Bolstering cerned that NRO imposes unnecessary con- sess critical skills needed to support NGA’s and adjusting IC workforce diversity pro- tractual restrictions that prohibits or dis- objectives in automation. grams depends in part on the Committees’ courages a contractor from contacting or Common Sensitive Compartmented Information regularly obtaining current, detailed, and re- meeting with a congressional intelligence Facility. liable information, and about specific mat- committee or intelligence committee Mem- The Committees have become aware of sev- ters relevant to the broader subject of work- ber offices. Therefore, the Committees direct eral major impediments to companies per- force diversity—such as rates and areas of NRO to remove all restrictions that impacts forming work for agencies and organizations

VerDate Sep 11 2014 05:52 Dec 18, 2019 Jkt 099060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A17DE6.056 S17DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7094 CONGRESSIONAL RECORD — SENATE December 17, 2019 like the NRO. For example, businesses with- Commercial RF Mapping and SAR. List of Foreign Entities That Pose a Threat to out ownership of a SCIF find it very difficult U.S. commercial companies are now offer- Critical Technologies. to perform classified work. Additionally, ing space-based geolocation and geospatial The Committees direct the DNI, in con- these small businesses are challenged with intelligence (GEOINT) analysis of radio fre- sultation with the Secretary of Defense, to basic obstacles such as becoming aware of quency (RF) emitters as well as synthetic identify, compose, and maintain a list of for- classified work opportunities because it is aperture radar (SAR) products. These compa- eign entities, including governments, cor- difficult to obtain access to the IC’s and nies can identify, locate, and analyze pre- porations, nonprofit and for-profit organiza- DoD’s classified marketplaces such as the viously undetected activity, providing new tions, and any subsidiary or affiliate of such Acquisition Resource Center (ARC). Con- insights for U.S. national security and de- an entity, that the Director determines pose struction and accreditation of SCIF spaces is fense. The IC currently has contracts that le- a threat of espionage with respect to critical cost-prohibitive for small business and non- verage commercial electro-optical satellites, technologies or research projects, including traditional government contractors. Addi- however it does not have a program in place research conducted at institutions of higher tionally, construction timeline often exceeds to take full advantage of these emerging education. the period of performance of a contract. commercial space-based RF GEOINT and Maintenance of this list will be critical to A modern trend for innovative and non- SAR capabilities. ensuring the security of the most sensitive traditional government contractors is the in- Therefore, the Committees direct the NRO projects relating to U.S. national security, creased use of co-working space environ- and NGA to brief the Committees on how it such as defense and intelligence-related re- ments. Additionally, public and private enti- will leverage these commercial companies in search projects. The initial list shall be ties are partnering to create emerging re- Fiscal Year 2020 and beyond, to include fund- available to the head of each qualified agen- gional innovation hubs to help identify tech- ing for, as well as testing and evaluation ef- cy funding applicable projects and will in- nology solutions and products in the private forts. clude the following entities already identi- sector that can be utilized by the IC and Commercial Remote Sensing. fied as threatening: Huawei Technologies Company, ZTE Corporation, Hytera Commu- DoD. These innovation hubs currently The Committees support efforts to estab- produce an agile, neutral, but largely unclas- nications Corporation, Hangzhou Hikvision lish a light-touch regulatory structure that Digital Technology Company, Dahua Tech- sified development environment. enables the rapidly evolving commercial Therefore, the Committees direct the DNI, nology Company, and Kaspersky Lab. The space-based imagery, RF sensing, and radar within 90 days of enactment of this Act, to DNI and the Secretary of Defense, or a dele- industry markets to promote U.S. leadership brief the congressional intelligence commit- gate from each agency, shall brief the find- in these areas. However, the Committees tees on the following: ings to the congressional intelligence and de- 1. Steps necessary to establish new ‘Com- also support the needs of the U.S. Govern- fense committees no later than 180 days after mon SCIFs’ in areas of high demand; ment to protect both IC and DoD personnel the enactment of the Act. and assets. The Committees believe there 2. What approaches allow for SCIF spaces Protection of National Security Research. to be certified and accredited outside of a can be a balance that supports both national security interests and the promotion of U.S. The Committees believe that institutes of traditional contractual arrangement; higher learning, laboratories, and other enti- 3. Analysis of the advantages and disadvan- innovation and leadership. Therefore, the Committees direct the DNI, ties and organizations play critical roles in tages of issuing Department of Defense Con- advancing national security within the U.S. tract Security Specification (DD Form 254s) in consultation with the Secretary of De- fense, to brief the Committees within 60 days science and technology ecosystem that is to ‘‘Facilities,’’ as opposed to ‘‘Contracts’’; charged with delivering the best capabilities 4. Options for classified co-use and shared of the date of enactment of the Act, on ef- to the warfighter in the near, mid, and long- workspace environments such as: innova- forts that help address this balance and term. The Committees understand that near- tion, incubation, catalyst, and accelerator which streamline the IC and DoD involve- ment in the rapidly evolving U.S. commer- peer competitors such as China and Russia environments; attempt to exploit and benefit from the open 5. Pros and cons for public, private, govern- cial space-based imagery, RF sensing, and and collaborative global research environ- ment, or combination owned classified neu- radar industries. ment created by the Reagan Administra- tral facilities; and Deception Detection Techniques. tion’s National Security Decision Directive 6. Any other opportunities to support those The U.S. Government does not have suffi- without ownership of a SCIF effective access 189 on the National Policy on the transfer of cient security screening capabilities avail- Scientific, Technical and Engineering Infor- to a neutral SCIF. able to determine deception in individuals mation. This directive established that the Improving Use of the Unclassified Marketplaces. that intend to harm the United States. The products of ‘‘fundamental research’’—defined Another area where the Committees have polygraph has been an effective investigative as ‘‘basic and applied research in science and become aware of major impediments for tool to detect deception, but the cost and engineering, the results of which ordinarily companies to perform work for agencies and time required to administer a polygraph ex- are published and shared’’—should remain organizations like the NRO are unclassified amination is a major cause for security unrestricted. marketplaces such as the Acquisition Re- clearance backlogs, and often limits the fre- The Committees are also aware that aca- source Center (ARC). Instead of posting data quency of periodic examinations to every 5– demia is not always kept apprised by the to unclassified marketplaces, unclassified 7 years. Entities within DoD and the IC in- interagency of a complete picture of poten- NRO postings often refer to the classified cluding DIA, Special Operations Command, tial activities and threats in the research side for critical yet unclassified information. NGA, Defense Counterintelligence and Secu- community, such as improper technology If the NRO is serious about embracing com- rity Agency, U.S. Air Force and others have transfer, intellectual property theft, and mercial innovation, unclassified market- expressed a desire to begin piloting new sys- cyber-attacks directly attributed to nation- place postings should remain on the unclas- tems such as ocular deception detection sys- state governments. Elsewhere in this bill and sified side. tems. However, progress is being hindered by report, the Committees include measures to Therefore, the Committees direct NRO, DoD Directive 5210.91 and ODNI Security promote increased information sharing within 90 days of enactment of this Act, to Agent Directive 2, which direct some over- across the interagency and with academia. brief the Committees on options for improv- sight of new deception detection tech- Therefore, the Committees direct the Sec- ing the unclassified marketplace process. nologies to the DoD National Center of retary of Defense to provide the congres- Satellite Servicing. Credibility Assessment (NCCA), which does sional intelligence and defense committees, No later than one year after the date of the not have sufficient budget or other resources within 90 days of enactment of the Act, a re- enactment of this Act, the DNI, in consulta- to expeditiously evaluate non-polygraph port listing Chinese and Russian academic tion with the Secretary of Defense, shall technologies. institutions that have a history of improper jointly provide the to the congressional in- Therefore, the Committees direct the DNI technology transfer, intellectual property telligence and defense committees a briefing in coordination with the DoD to provide the theft, cyber espionage, or operate under the direction of their respective armed forces or detailing the costs, risks, and operational congressional intelligence and defense com- intelligence agencies. The report should be benefits of leveraging commercial satellite mittees with a briefing on what steps they in unclassified form, but may contain a clas- servicing capabilities for national security are taking to ensure pilot programs are es- sified annex. satellite systems. The briefing shall include tablished to evaluate these new technologies the following: to help reduce our backlog, improve effi- Investments in Scientific and Technological In- 1. A prioritized list, with a rationale, of ciency, and reduce overall cost. Pilot pro- telligence. operational and planned assets of the Intel- grams shall evaluate current and emerging The Committees remain interested in the ligence Community that could be enhanced technologies to efficiently and rapidly verify continued efforts of the DoD to improve sci- by satellite servicing missions; the accuracy and truthfulness of statements entific and technological intelligence (S&TI) 2. The costs, risks, and benefits of inte- of candidates for employment within the capabilities and tradecraft across the De- grating satellite servicing capabilities as DoD/IC, including for interim security clear- fense Intelligence Enterprise (DIE). The part of operational resilience; and ances, for periodic screening of cleared DoD/ Committees recognize S&TI is critical to 3. Potential strategies that could allow fu- IC personnel, to screen foreign national col- strategic competition with near-peer com- ture national security space systems to le- laborators and contractors overseas to pre- petitors by ensuring comprehensive under- verage commercial in-orbit servicing capa- vent ‘‘Green-on-Blue’’ attacks, for immigra- standing of adversary capabilities and abil- bilities where appropriate and feasible. tion screening and for other purposes. ity to inform development of joint force

VerDate Sep 11 2014 05:52 Dec 18, 2019 Jkt 099060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A17DE6.056 S17DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 17, 2019 CONGRESSIONAL RECORD — SENATE S7095 fifth-generation advanced weapons systems Explosive Ordinance Disposal Intelligence. Therefore, the Committees direct the and other emerging technologies. The Committees are concerned that the ex- Under Secretary of Defense for Intelligence Therefore, the Committees direct the pertise of Explosive Ordinance Disposal (USD(I)), in coordination with the ODNI, to USD(I) in collaboration with the Director of (EOD) personnel is not adequately acces- provide a briefing to the congressional intel- the DIA, to provide a briefing to the Com- sible and therefore, not sufficiently utilized ligence and defense committees within 60 mittees and the congressional defense com- by the Defense Intelligence Enterprise and days of enactment of the Act, on the bene- mittees within 75 days of enactment of the IC to provide the combatant commands with fits, challenges, and risks of broadening the Act, on the alignment of current and planned the required intelligence to identify, combat, information-sharing mechanisms between DIE S&TI investments and activities to DoD and deter violent extremism and other asym- India, Japan, the Republic of Korea, and the operational and strategic requirements. metric threats. ‘‘Five Eyes’’ allies. The briefing shall also include information Explosive ordnance includes all munitions, Transitioning the Function of Background In- on how the DoD will continue the matura- improvised explosive devices, devices con- vestigations to the Department of Defense. tion of S&TI capabilities and tradecraft taining explosives, propellants, nuclear fis- Executive Order 13869 transitions the back- across the DIE. sion or fusion materials, biological, and ground investigation functions of the Fed- Intelligence Support to Defense Operations in chemical agents. The primary consumer of eral Government from the Office of Per- the Information Environment. this information are military tactical explo- sonnel Management (OPM), National Back- sive ordnance disposal units that employ the The Committees support DoD efforts to ground Investigations Bureau, to the DoD, data for threat identification and neutraliza- improve capabilities and tradecraft to oper- Defense Counterintelligence and Security tion. However, the required analysis to de- ate in the information environment. The Agency. The Committees recognize the im- termine appropriate render-safe capabilities Committees are concerned about the Defense portance of ensuring timely and efficient requires operational and strategic intel- Intelligence Enterprise’s (DIE) ability to background investigations to overcome ligence to process and analyze the data, and provide the information operations commu- workforce staffing challenges of cleared indi- data management processes to promulgate nity with all-source intelligence support, viduals across the whole of government and the resulting information. The Committees consistent with the support provided to oper- private sector, and to vet personnel who believe DoD should modernize the processes come into contact with the Department’s ations in other domains. and procedures to more comprehensively Therefore, the Committees direct the personnel, installations, and technology. The track, manage, and coordinate the capability USD(I), in coordination with the Joint Committees are aware of the temporary es- and capacity of EOD intelligence within the Staff’s Director for Intelligence and the DNI, tablishment of the Personnel Vetting Trans- IC and the DIE to support all levels of to provide a briefing to the congressional in- formation Office in the OUSD(I) to manage render-safe capabilities. the transition of this activity from OPM to telligence and defense committees within 30 Therefore, the Committees direct the the Department and improve the processes days of enactment of the Act, on intelligence USD(I), in coordination with the ODNI, to and procedures related to vetting personnel support to information operations. The brief- provide a briefing to the congressional intel- for clearances across the whole of govern- ing should include standardized defense in- ligence and defense committees within 120 ment and private sector. telligence lexicon for intelligence prepara- days of enactment of the Act on the capa- tion of the battlefield for information oper- However, the Committees are concerned bility and capacity of EOD intelligence ex- about the potential risks to personnel man- ations, efforts to develop a process to ensure pertise across the DIE and IC. The briefing the full scope of emerging defense informa- agement and mission such a transfer may shall include: present, and believes that appropriate pro- tion operations threat requirements are 1. An assessment of the coordination and tections of civil liberties and privacy must structured to be addressed through the en- integration of defense and national intel- be prioritized throughout the transition, tirety of DIE capabilities, and how the DIE ligence capabilities against EOD intelligence through the implementation of modern and perceives the future of defense operations in requirements, to include a mitigation strat- efficient vetting measures. The Committees the information environment. egy to address any identified gaps or defi- recognize the Department’s leadership, The briefing shall also include a descrip- ciencies, information-sharing challenges, or through sharing best practices with ODNI, in tion of how the IC, through the National In- any other impediments to integration of reforming the vetting process using modern telligence Priorities Framework, will ac- EOD expertise across the defense and intel- techniques such as continuous evaluation, count for a more dynamic use of defense in- ligence communities; and and expects regular updates on the Depart- telligence capabilities to augment and en- 2. An assessment of the technical skills ment’s progress in addressing the current hance support to DoD operations in the in- needed to address EOD intelligence require- background investigations backlog. ments, while identifying any gaps or defi- formation environment. Therefore, the Committees direct the ciencies in current personnel hiring and ROTC IC Recruitment Trial Program. USD(I), in coordination with the Director of training structures, and a long-term plan to The Senior Reserve Officers’ Training the Defense Counterintelligence and Secu- develop proficiency of EOD intelligence ex- Corps (ROTC) program, with units or affili- rity Agency, to provide a briefing to the con- pertise in the defense and intelligence com- ates at approximately 1,600 U.S. colleges and gressional intelligence and defense commit- munities. universities, is DoD’s largest commissioning tees within 90 days of enactment of the Act, source, providing approximately 6,500 new Information-Sharing Arrangements with India, on how the DoD will transfer the background active duty officers to the military each Japan, and the Republic of Korea. investigation mission and establish an effec- year. International alliances and partnerships tive personnel vetting capability to provide Officer candidates enrolled in ROTC pro- are critical to the pursuit and sustainment for the security of the Department, while grams must meet all graduation require- of the United States national security objec- maintaining the civil liberties and privacy ments of their academic institutions, enroll tives, built upon foundations of shared val- protections of personnel under consideration in military, naval, or aerospace education ues and intent. The Committees recognize to receive a clearance. courses, and attend summer military train- the importance of the DoD sharing informa- Joint Intelligence Operations Center Staffing. ing, making them ideal candidates for IC tion with international allies and partners in The Committees recognize the evolving placement. Currently, ROTC cadets only support of the planning and execution of the operational and strategic priorities of the have the option to utilize their training by National Defense Strategy, as allies and DoD will impact Defense Intelligence Enter- joining one of the military services. The third-party international partners enhance prise capabilities and resources. The Com- Committees believe the government can find strategic stability across the Department’s mittees recognize the ongoing efforts by the cost savings and provide a wider range of op- purview while increasing effectiveness of op- USD(I) to comply with direction specified by portunities to ROTC recruits by leveraging erations. The Committees believe the mecha- the John. S. McCain National Defense Author- the ROTC’s existing training program for the nisms to share information across the ‘‘Five ization Act for Fiscal Year 2019 (Public Law IC. Eyes’’ alliance continue to mature through 115–232) to reduce and prevent imbalances in Therefore, the Committees direct the established exercises, exchange of personnel, priorities and mitigate against insufficient USD(I), in coordination with ODNI, to con- and virtual data sharing, while that coopera- or misaligned resources within the Defense duct a feasibility study on creating a path- tion is potentially less robust with third- Intelligence Enterprise. way for ROTC recruits to find employment party partners. While the Committees support the efforts in the IC, on a reimbursable basis. The study The Committees support the roles and con- by the USD(I) to create efficiencies across should examine: tributions of third-party partners such as the Defense Intelligence Enterprise organiza- 1. Pros and cons of instituting an ROTC IC India, Japan, and the Republic of Korea, and tions, to include the Service Intelligence recruitment pipeline; recognizes their ongoing contribution toward Centers and combatant command Joint Op- 2. Approximate reimbursement cost per re- maintaining peace and stability in the Indo- erations Intelligence Centers, and enable cruit; and Pacific region. The Committees are inter- those elements to plan and posture staffing 3. Legislative requirements for program ested in understanding the policies and pro- requirements accordingly, the Committees execution. cedures governing the collaboration and in- are concerned that the shifts in current and The Committees direct that the study re- formation sharing with India, Japan, the Re- future resourcing lack coherence to support sults be submitted via report to the Commit- public of Korea, and the ‘‘Five Eyes’’ allies, the global mandate of the Department. tees and the congressional defense commit- and whether opportunities exist to strength- Therefore, the Committees direct the tees within 90 days of enactment of the Act. en those arrangements. USD(I), in coordination with DIA, to provide

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An identification of tactics, techniques, ligence Operations Centers to meet current velopment, improve foundational military and procedures likely to be used in future and future needs of the combatant com- intelligence data management, address pe- Chinese influence operations and campaigns manders and DoD. rennial intelligence issues, and realign roles targeting democratic elections and military China’s Biological Weapons Program. and missions. alliances and partnerships of which the United States is a member. The Committees remain interested in en- Report on Chinese Efforts Targeting Democratic suring the Defense Intelligence Enterprise is Elections and U.S. Alliances and Partner- Report on Russian Efforts Targeting Democratic providing timely, accurate, and effective in- ships and Strategy to Counter Chinese Elec- Elections and U.S. Alliances and Partner- telligence to support information needs of tion Interference. ships and Strategy to Counter Russian Elec- the DoD, and are aware of a recent GAO re- The Committees direct the DNI, in coordi- tion Interference. port on long-range emerging threats facing nation with the Secretary of Defense, the The Committees direct the DNI, in coordi- the United States that highlighted potential Secretary of State, and the Secretary of nation with the Secretary of Defense, the pursuit by near-peer competitors of biologi- Homeland Security, to provide a report to Secretary of State, and the Secretary of cal weapons using genetic engineering and the Committees, the congressional defense Homeland Security, to provide a report to synthetic biology. committees, the House Committee on For- the Committees, the congressional defense Therefore, the Committees direct the eign Affairs, the Senate Committee on For- committees, the House Committee on For- USD(I), in coordination with the Director of eign Relations, the House Committee on eign Affairs, the Senate Committee on For- the DIA, to provide a briefing to the congres- Homeland Security, and the Senate Com- eign Relations, the House Committee on sional intelligence and defense committees mittee on Homeland Security and Govern- Homeland Security, and the Senate Com- within 30 days of enactment of the Act with mental Affairs on the Chinese government’s mittee on Homeland Security and Govern- an assessment of China’s current and pro- influence operations and campaigns tar- mental Affairs on Russia’s influence oper- jected biological weapons program, the risks geting democratic elections. ations and campaigns targeting democratic presented to the joint force, and the mitiga- The report shall be divided into two sec- elections. tion strategies to protect U.S. military tions, which respectively address influence The report shall be divided into two sec- forces against said threats. operations and campaigns targeting: (1) re- tions, which respectively address influence cent and upcoming elections in the United operations and campaigns targeting: (1) re- Machine-assisted Analytic Rapid Repository States (dating back to January 1, 2017), and cent and upcoming elections in the United System Government Accountability Office (2) military alliances and partnerships of States (dating back to January 1, 2017) and Review. which the United States is a member. The (2) military alliances and partnerships of The re-emergence of great power competi- report should also include a strategy to which the United States is a member. The tion will stress DIA’s ability to provide counter these activities. The Committees report should also include a strategy to foundational military intelligence for the IC further direct the Secretary of Defense to counter these activities. The Committees and warfighters. As such, the Committees provide an interim report within 30 days of further direct the Secretary of Defense to are supportive of DIA’s intent to replace the enactment of the Act, and a final report provide an interim report within 30 days of Modernized Integrated Database (MIDB) within a year of enactment of the Act. enactment of the Act, and a final report with the Machine-assisted Analytic Rapid The report shall be unclassified and appro- within a year of enactment of the Act. Repository System (MARS). priate for release to the public but may in- The report shall be unclassified and appro- However, the Committees are concerned clude a classified annex. At a minimum, the priate for release to the public but may in- that MARS’s development and procurement report should include: clude a classified annex. At a minimum, the will entail a complex and extensive trans- 1. An assessment of China’s objectives in report should include: formation that will impact the DIA’s deliv- influence operations and campaigns tar- 1. An assessment of Russia’s objectives in ery of foundational military intelligence. geting democratic elections and military al- influence operations and campaigns tar- Therefore, the Committees direct the GAO liances and partnerships of which the United geting democratic elections and military al- to provide a report to the congressional in- States is a member, and how such objectives liances and partnerships of which the United telligence and defense committees within relate to the China’s broader strategic aims; States is a member, and how such objectives one year of enactment of the Act that de- 2. The United States’ strategy and capa- relate to Russia’s broader strategic aims; scribes: bilities for detecting, deterring, countering, 2. The United States strategy and capabili- 1. The envisioned users and customer base and disrupting such Chinese influence oper- ties for detecting, deterring, countering, and and how they will use MARS; ations (including recommended authorities disrupting such Russian influence operations 2. An assessment of the transition plan and activities) and campaigns and a discus- (including recommended authorities and ac- from MIDB to MARS with input from cur- sion of the DoD’s and the IC’s respective tivities) and campaigns and a discussion of rent and historic MIDB users, as well as cus- roles in the strategy; the DoD’s and IC’s respective roles in the tomers; 3. A comprehensive list of specific Chinese strategy; 3. An assessment of the resources nec- state and non-state entities involved in sup- 3. A comprehensive list of specific Russian essary to fully implement MARS, to include porting such Chinese influence operations state and non-state entities involved in sup- funding and personnel implications; and campaigns and the role of each entity in porting such Russian influence operations 4. An assessment of DIA’s acquisition supporting them; and campaigns and the role of each entity in strategy for MARS to include the use of any 4. An identification of the tactics, tech- supporting them; rapid acquisition or prototyping authorities; niques, and procedures used in previous Chi- 4. An identification of the tactics, tech- and nese influence operations and campaigns; niques, and procedures used in previous Rus- 5. The challenges DIA has identified that it 5. A comprehensive identification of coun- sian influence operations and campaigns; will face in transitioning from MIDB to tries with democratic election systems that 5. A comprehensive identification of coun- MARS and whether its migration plans are have been targeted by Chinese influence op- tries with democratic election systems that sufficient for addressing these challenges. erations and campaigns since January 1, have been targeted by Russian influence op- The Committees expect DIA’s full coopera- 2017; erations and campaigns since January 1, tion with the GAO study. 6. An assessment of the impact of previous 2017; Chinese influence operations and campaigns 6. An assessment of the impact of previous Update on the DIA Strategic Approach. targeting democratic elections and military Russian influence operations and campaigns In September 2018, the Defense Intelligence alliances and partnerships of which the targeting democratic elections and military Agency (DIA) adopted a Strategic Approach United States is a member, including the alliances and partnerships of which the to enhance workforce development, improve views of senior Chinese officials about their United States is a member, including the foundational military intelligence data man- effectiveness in achieving Chinese objectives; views of senior Russian officials about their agement, address perennial intelligence 7. An identification of countries with effectiveness in achieving Russian objec- issues and realign roles and missions. Im- democratic elections systems that may be tives; provements in these issue areas will enhance targeted in future Chinese influence oper- 7. An identification of countries with the Agency’s ability to support both the Na- ations and campaigns and an assessment of democratic elections systems that may be tional Security Strategy and National De- the likelihood that each such country will be targeted in future Russian influence oper- fense Strategy. targeted; ations and campaigns and an assessment of The Committees support the DIA’s initia- 8. An identification of all U.S. military al- the likelihood that each such country will be tive to improve those structures it assesses liances and partnerships that have been tar- targeted; are critical to providing warfighters the in- geted by Chinese influence operations and 8. An identification of all U.S. military al- formation needed to prevent and, if nec- campaigns since January 1, 2017; liances and partnerships that have been tar- essary, decisively win wars, such as intel- 9. An identification of all U.S. military al- geted by Russian influence operations and ligence on foreign militaries’ capabilities. liances and partnerships that may be tar- campaigns since January 1, 2017;

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An identification of tactics, techniques, changes should apply to all acquisition pro- out. and procedures likely to be used in future grams; and how security risks must be ad- Clarification on Cooperation with Investigation Russian influence operations and campaigns dressed across development, procurement, on Russian Influence in the 2016 Election. targeting democratic elections and military and operational phases of acquisition. The The Committees continue to reinforce the alliances and partnerships of which the Committees further direct the DNI to submit obligation for all IC agencies to cooperate in United States is a member. a plan to implement necessary changes with- a full, complete, and timely manner with the UNCLASSIFIED DIRECTION RELATED TO in 60 days of completion of this review. Committees’ ongoing investigations into SUBDIVISION 2 National Geospatial-Intelligence Agency use of Russian meddling in the 2016 Presidential Management of Intelligence Community Work- VERA and VSIP Authorities. election and cooperation with the declas- force. The Committees encourage the use by the sification process. The Committees repeat direction from the National Geospatial-Intelligence Agency Supervisory Feedback as Part of Continuous Intelligence Authorization Act for Fiscal (NGA) of Voluntary Early Retirement Au- Vetting Program. Year 2017 that IC elements should build, de- thority (VERA) and Voluntary Separation The Committees direct the DNI to review velop, and maintain a workforce appro- Incentive Program (VSIP) offers to meet fu- the results of ongoing pilot programs regard- priately balanced among its civilian, mili- ture goals of building a workforce more at- ing the use of supervisory feedback as part of tary, and contractor workforce sectors to tuned to automation of data production, au- the periodic reinvestigation and continuous meet the missions assigned to it in law and tomation of analytic processes, and estab- vetting process and report, within 180 days of by the president. Starting in Fiscal Year lishment of development and operations enactment of the Act, on the establishment 2019, the Committees no longer authorize po- (DevOps) software development processes. of a policy for its use across the IC. sition ceiling levels in the annual Schedule Therefore, the Committees direct the NGA National Security Threats to Critical Infrastruc- of Authorizations. to report to the Committees, within 120 days ture. of enactment of the Act, on its use to date of The Committees look forward to working The Committees are aware of significant VERA and VSIP incentives, to include how with the ODNI as it develops an implementa- threats to our critical infrastructure and in- they have been used to develop an acquisi- tion strategy and sets standards for work- dustrial control systems posed by foreign ad- tion cadre skilled in ‘‘DevOps’’ software de- force cost analysis tools. versaries. The sensitive nature of the infor- velopment processes, as well as a plan for Countering Russian Propaganda. mation related to these threats make the further use of these incentives. The report role of the IC of vital importance to United The Committees support the IC’s role in should specify metrics for retooling its States defensive efforts. The Committees countering Russian propaganda and other ac- workforce, including how it measures data have grave concerns that current IC re- tive measures. The Committees are com- literacy and computational skills in poten- sources dedicated to analyzing and coun- mitted to providing the appropriate legal au- tial hires, and an accounting of the numbers tering these threats are neither sufficient thorities, financial resources, and personnel of new hires who have met these higher nor closely coordinated. The Committees in- necessary to address these hostile acts. The standards. Committees specifically find that language clude provisions within this legislation to Report on Engagement of National Reconnais- capabilities are important to the IC’s efforts address these concerns. sance Office with University Community. in countering Russia’s hostile acts. The Framework for Cybersecurity and Intelligence Committees encourage the IC to commit The Committees recognize that the surviv- Collection Doctrine. ability and resiliency of United States sat- considerable resources in the future to bol- The Committees direct the ODNI, in co- ellites is critically important to the United stering officers’ existing Russian language ordination with appropriate IC elements, to States intelligence and defense communities. skills, recruiting Russian language speakers, develop an analytic framework that could While the NRO engages with the university and training officers in Russian, in par- support the eventual creation and execution community in support of basic research and ticular key technical language skills. This of a Government-wide cybersecurity and in- developing an education workforce pipeline effort will require strategic planning both in telligence collection doctrine. The ODNI to help advance new technologies and recruiting and rotating officers through lan- shall provide this framework, which may produce skilled professionals, it can do more guage training. The Committees expect to contain a classified annex, to the congres- in this regard to focus on space surviv- see these priorities reflected in future IC sional intelligence committees, within 180 ability. budget requests. days of enactment of the Act. Therefore, the Committees direct the NRO This framework shall include: Protection of the Supply Chain in Intelligence to report, within 120 days of enactment of Community Acquisition Decisions. 1. An assessment of the current and me- the Act, on NRO’s current efforts and future dium-term cyber threats to the protection of The Committees continue to have signifi- strategies to engage with university partners the United States’ national security systems cant concerns about risks to the supply that are strategically located, host secure and critical infrastructure; chain in IC acquisitions. The Committees en- information facilities, and offer a strong en- 2. IC definitions of key cybersecurity con- courage the Supply Chain and Counterintel- gineering curriculum, with a particular focus cepts, to include cyberespionage, cyber theft, ligence Risk Management Task Force rec- on space survivability and resiliency. This cyber acts of aggression, and cyber deter- ommendations to support continued efforts report should provide a summary of NRO’s rence; to develop an open, interoperable informa- current and planned university engagement 3. Intelligence collection requirements to tion security-sharing platform to enable programs, levels of funding, and program re- ensure identification of cyber actors tar- real-time cross-domain sharing for the IC to search and workforce objectives and metrics. geting U.S. national security interests, and effectively share and analyze information on The report should also include an assessment to inform policy responses to cyber-attacks supply chain, cybersecurity vulnerabilities, of the strategic utility of chartering a Uni- and computer network operations directed and counterintelligence risks. versity Affiliated Research Center in this do- against the United States; The report to accompany the Intelligence main. 4. The IC’s methodology for assessing the Authorization Act for Fiscal Year 2017 di- National Geospatial-Intelligence Agency Facili- impacts of cyber-attacks and computer net- rected the DNI to review and consider ties. work operations incidents directed against changes to Intelligence Community Direc- Consistent with section 2401 of the Na- the United States, taking into account dif- tive (ICD) 801 (‘‘Acquisition’’) to reflect the fering levels of severity of incidents; issuance of ICD 731 (‘‘Supply Chain Risk tional Defense Authorization Act for Fiscal Year 2019, the Committees authorize the 5. Capabilities that the IC could employ in Management’’) in 2013 and the issues associ- response to cyber-attacks and computer net- ated with cybersecurity. It specifically rec- President’s request for $447.8 million in Fis- cal Year 2019 for phase two construction ac- work operations incidents, taking into ac- ommended the review examine whether to: count differing levels of severity of inci- expand risk management criteria in the ac- tivities of the Next National Geospatial-In- telligence Agency West (N2W) facility in St. dents; quisition process to include cyber and supply 6. A policy and architecture for sharing cy- Louis, Missouri. The Committees are pleased chain threats; require counterintelligence bersecurity-related intelligence with govern- that the second phase of this $837.2 million and security assessments as part of the ac- ment, private sector, and international part- project was included in the Fiscal Year 2019 quisition and procurement process; propose ners, including existing statutory and other President’s budget. and adopt new education requirements for authorities which may be exercised in pur- acquisition professionals on cyber and supply Clarification of Oversight Responsibilities. suit of that goal; and chain threats; and factor in the cost of cyber The Committees reinforce the requirement 7. Any necessary changes in IC authorities, and supply chain security. This review was for all IC agencies funded by the NIP to re- governance, technology, resources, and pol- due in November 2017, with a report on the spond in a full, complete, and timely manner icy to provide more capable and agile cyber- process for updating ICD 801 in December to any request for information made by a security.

VerDate Sep 11 2014 05:52 Dec 18, 2019 Jkt 099060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A17DE6.059 S17DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7098 CONGRESSIONAL RECORD — SENATE December 17, 2019 Inspector General of the Intelligence Community The Committees direct the NRO, within 60 dress this problem. China exploits weak- Role and Responsibilities. days of enactment of the Act, to brief the nesses in existing U.S. mechanisms aimed at The position of the Inspector General of congressional intelligence and defense com- preventing dangerous technology transfers, the Intelligence Community (IC IG) was mittees on options for modifying ARC post- including the U.S. export control system, codified by the Intelligence Authorization ing procedures to ensure fair and open com- which is run by the U.S. Department of Com- Act for Fiscal Year 2010. Among other petition. Those options should include ensur- merce’s Bureau of Industry and Security things, the IC IG’s statutory purposes in- ing that unclassified NRO solicitations are (BIS). The Committees have specific con- clude ‘‘conduct[ing] independent reviews in- posted on the unclassified FEDBIZOPS cerns about the lack of adequate and effec- vestigations, inspections, audits, and reviews website, and identifying ways to better uti- tive IC support to BIS’s export license appli- on programs and activities within the re- lize the ARC to encourage contract opportu- cation review process and believe more ro- sponsibility and authority of the Director of nities for a more diverse industrial base that bust IC support could have prevented many National Intelligence;’’ keeping the Commit- includes smaller and non-traditional compa- of the ill-advised technology transfers that tees fully and currently informed of signifi- nies. have occurred in recent years. Therefore, the Committees directs the DNI cant problems and deficiencies; and leading Ensuring Strong Strategic Analytical to submit a plan, within 120 days of enact- efforts of inspectors general within the IC. Tradecraft. ment of the Act, to describe how the IC will The Committees have included provisions The Department of Homeland Security’s provide BIS with, at a minimum, basic but intended to strengthen the IC IG’s role. The (DHS’s) Office of Intelligence and Analysis timely analysis of any threat to U.S. na- Committees will insist on full cooperation (I&A) has taken steps to improve the quality tional security posed by any proposed ex- from the Director, ODNI offices, as well as of its analysis, to identify its core cus- port, re-export, or transfer of export-con- those of inspectors general across the IC, in tomers, and to tailor its production to meet trolled technology. The plan shall include ensuring that the IC IG’s prescribed func- customer needs. The Committees concur detailed information on the appropriate or- tions are carried out to the fullest extent with I&A’s implementation of analytic ganizational structure, including how many possible. The Committees further reiterate standards and review mechanisms that have IC personnel would be required, where they Congress’s intent that the IC IG is obligated improved the tradecraft behind I&A prod- would be located (including whether they to identify and inform the Committees of ucts. The bedrock of these efforts has been would be embedded at BIS to coordinate IC significant problems and deficiencies ‘‘relat- the development of a yearly program of anal- support), and the amounts of necessary fund- ing to’’ all intelligence programs and activi- ysis (POA) and key intelligence questions, ing. In formulating the plan, the DNI should ties. which are essential tools for providing a study the ‘‘National Security Threat Assess- The Committees also remain seriously con- roadmap and boundaries for the office’s pro- ment’’ process that the National Intelligence cerned about the undermining of protections duction efforts. Council uses to inform the actions of the and rights afforded to whistleblowers within Therefore, the Committees direct the Of- Committee on Foreign Investment in the the IC and the level of insight congressional fice of I&A to continue to prioritize, develop United States. The DNI shall submit the committees have into the handling of lawful and hone its strategic intelligence capabili- plan to the congressional intelligence com- disclosures. Without exception, the Commit- ties and production, including the annual de- mittees in classified form. tees must be made aware of lawful disclo- velopment of a POA. Within 90 day of enact- Social Media. sures made to any inspector general within ment of the Act, and on an annual basis The Committees encourage the IC, notably the IC, consistent with provisions added to thereafter for two years, I&A shall brief the the Federal Bureau of Investigation (FBI), to Title 50 by sections 5331–5335 of Subdivision 1 congressional intelligence committees on both continue and enhance its efforts to as- of the Act; and of all lawful disclosures made the development and execution of its POA. sist in detecting, understanding, and warn- pursuant to ICWPA and Title 50 procedures, These briefings should provide an overview ing about foreign influence operations using which Intelligence Community personnel in- of the POA, how customer needs have been social media tools to target the United tend to be submitted to the Committees. The incorporated into the POA, and an update on States. Additionally, within the scope of the Committees underscore in the strongest execution against the POA. IC’s authorities, and with all necessary pro- terms that all elements of the IC are obli- Cyber/Counterintelligence Analysis. tections for U.S. person information, the gated, as a categorical matter, to comply DHS’s Office of I&A’s Counterintelligence Committees encourage the IC to augment with both existing law as well as direction and prioritize these ongoing efforts. provided elsewhere in the Act and this Ex- Mission Center analysis focuses on counter- planation, with respect to inspector general intelligence threats posed by foreign tech- Trade-Based Money Laundering. and whistleblower matters. nology companies and fills a gap in IC intel- Threats to our national security posed by ligence production. Advanced technologies trade-based money laundering are con- Space Launch Facilities. are increasingly ubiquitous and necessary to cerning. Therefore, the Committees direct The Committees continue to believe it is the function of modern society. Con- the DNI, within 90 days of enactment of the critical to preserve a variety of launch range sequently, the scope of the threats from Act, to submit a report to the congressional capabilities to support national security countries intent on using these technologies intelligence committees on these threats, in- space missions, and encourage planned as a vector for collecting intelligence from cluding an assessment of the severity of the launches such as the U.S. Air Force Orbital/ within the United States will continue to ex- threats posed to the United States’ national Sub-Orbital Program (OSP)-3 NRO–111 mis- pand. The Office of I&A is positioned to con- security by trade-based money laundering sion, to be launched in 2019 on a Minotaur 1 duct a niche analysis critical to national se- conducted inside and outside the United from the Mid-Atlantic Regional Spaceport at curity that combines foreign intelligence States; an assessment of the scope of the fi- Wallops Flight Facility. In the Intelligence with domestic threat information. nancial threats to the U.S. economy and fi- Authorization Act for Fiscal Year 2017, the The Committees strongly support I&A’s nancial systems posed by trade-based money Committees directed a brief from the ODNI, Counterintelligence Mission Center’s contin- laundering; a description of how terrorist fi- in consultation with the DoD and the U.S. ued focus on these topics and the increased nancing and drug trafficking organizations Air Force, on their plans to utilize state- resources dedicated to this analysis in Fiscal are advancing their illicit activities through owned and operated spaceports, which lever- Year 2019. Therefore, the Committees direct the use of licit trade channels; an assessment age non-federal public and private invest- the I&A, in coordination with ODNI, to pro- of the adequacy of the systems and tools ments to bolster United States launch capa- vide an update within 90 days of enactment available to the Federal Government for bilities and provide access to mid-to-low or of the Act on its recent analytic production combating trade-based money laundering; polar-to-high inclination orbits for national related to counterintelligence threats posed and a description and assessment of the cur- security missions. by foreign technology companies, including rent structure and coordination between The Committees direct that the ODNI sup- a review of the countries and companies that Federal agencies, as well as with foreign gov- plement this brief with how state invest- present the greatest risks in this regard. ernments, to combat trade-based money ments in these spaceports may support infra- Intelligence Support to the Export Control Proc- laundering. The report shall be submitted in structure improvements, such as payload in- ess. classified form with an unclassified sum- tegration and launch capabilities, for na- The Committees have significant concerns mary to be made available to the public. tional security launches. that China poses a growing threat to United Expansions of Security Protective Service Juris- Acquisition Research Center Postings. States national security, due in part to its diction of the Central Intelligence Agency. The Committees support a flexible NRO ac- relentless efforts to acquire United States The Committees direct the CIA, in connec- quisition process that allows the NRO to technology. China purposely blurs the dis- tion with the expansion of its security pro- choose the most appropriate contracting tinction between its military and civilian ac- tective service jurisdiction as set forth in mechanism, whether for small research and tivities through its policy of ‘‘military-civil- section 6413 of Subdivision 2 of the Act, to development efforts or large acquisitions. ian fusion,’’ which compounds the risks of di- engage with Virginia state and local law en- The NRO’s Acquisition Research Center version of United States technology to the forcement authorities to ensure that a (ARC), a classified contracting and solicita- Chinese military. memorandum of understanding, akin to tion marketplace that NRO and other agen- The Committees conclude that the United those in place at other agencies setting forth cies use, enables this flexible acquisition States Government currently lacks a com- the appropriate allocation of duties and re- process for classified efforts. prehensive policy and the tools needed to ad- sponsibilities, is in effect.

VerDate Sep 11 2014 05:52 Dec 18, 2019 Jkt 099060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A17DE6.060 S17DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 17, 2019 CONGRESSIONAL RECORD — SENATE S7099 Unauthorized Disclosures of Classified Informa- measurable, swift progress, and ultimately suited to answer the existing gaps, and cur- tion. fulfilling Congress’s intent that the Program rent plans to address the gaps over the Fu- The Committees are concerned by the re- serve as a pipeline of the next generation of ture Years Defense Program. cent widespread media reports that purport IC professionals. Policy on Minimum Insider Threat Standards. to contain unauthorized disclosures of classi- Therefore, the Committees direct that the Executive Order 13587 and the National In- fied information. Protecting the nation’s se- IC take all viable action to expand the IC- sider Threat Task Force established min- crets from unauthorized disclosure is essen- CAE Program by increasing, to the fullest imum insider threat standards. Such stand- tial to safeguarding our nation’s intelligence extent possible: ards are required for the sharing and safe- sources and methods. An unlawful disclosure 1. The number and racial and gender diver- guarding of classified information on com- of classified information can destroy sen- sity of IC-CAE interns; puter networks while ensuring consistent, 2. The number of IC-CAE academic institu- sitive collection capabilities and endanger appropriate protections for privacy and civil tions and their qualified internship can- American lives, including those individuals liberties. The Committees understand there didates participating in the IC-CAE Pro- who take great personal risks to assist the are policies in place to attempt implementa- gram; and United States in collecting vital foreign in- tion of such standards; however, the Com- 3. The number of IC elements that sponsor telligence. mittees have found that several elements of IC-CAE interns. Federal law prohibits the unauthorized dis- the IC have not fully implemented such closure of classified information, but en- Report on Violent Extremist Groups. standards. Therefore, given the several high- forcement is often lacking or inconsistent. Violent extremist groups like ISIS con- profile insider threat issues, the Committees Accordingly, the Committees desire to bet- tinue to exploit the Internet for nefarious emphasize the importance of such minimums ter understand the number of potential un- purposes: to inspire lone wolves; to spread by statutorily requiring the DNI to establish authorized disclosures discovered and inves- propaganda; to recruit foreign fighters; and a policy on minimum insider threat stand- tigated on a routine basis. Moreover, the to plan and publicize atrocities. As a former ards, consistent with the National Insider Committees have little visibility into the Director of the National Counterterrorism Threat Policy and Minimum Standards for number of investigations initiated by each Center (NCTC) has stated publicly: Executive Branch Insider Threat Programs, IC agency or the number of criminal refer- [W]e need to counter our adversaries’ suc- and IC elements should expeditiously estab- rals to the Department of Justice. Accord- cessful use of social media platforms to ad- lish their own policies and implement the ingly, section 6718 of Subdivision 2 of the Act vance their propaganda goals, raise funds, re- DNI guidance. requires all IC agencies to provide the con- cruit, coordinate travel and attack plans, Further, referring to the directive lan- gressional intelligence committees with a and facilitate operations. . . . Our future guage found in the committee report accom- semi-annual report of the number of inves- work must focus on denying our adversaries panying H.R. 5515, the Fiscal Year 2019 tigations of unauthorized disclosures to jour- the capability to spread their messages to NDAA reported by the House Armed Services nalists or media organizations, including at-risk populations that they can reach Committee (HASC), the Committees direct subsequent referrals made to the United through the use of these platforms. the Chief Management Officer to provide a States Attorney General. Section 403 of the Intelligence Authoriza- briefing to the congressional intelligence Additionally, the Committees wish to bet- tion Act for Fiscal Year 2017 required the and defense committees, no later than 90 ter understand the role of IGs within ele- DNI, consistent with the protection of days after enactment of the Act, on the out- ments of the IC, with respect to unauthor- sources and methods, to assist public and comes of its cost and technical analyses re- ized disclosures of classified information at private sector entities in recognizing online quired by this report, and the DoD’s efforts those elements. violent extremist content—specifically, by to implement enterprise-wide programs and Therefore, the Committees direct the IC making publicly available a list of insignias policies for insider threat detection, user ac- IG, within 180 days of enactment of the Act, and logos associated with foreign extremist tivity monitoring, and cyber-attack detec- to provide the congressional intelligence groups designated by the Secretary of State. tion and remediation. committees with a report regarding the role The Committees believe the IC can take ad- Intelligence Community Information Technology of IGs with respect to investigating unau- ditional steps. Environment. thorized disclosures. The report shall ad- Therefore, the Committees direct the Di- The Committees remain supportive of the dress: the roles of IC elements’ security per- rector of NCTC, in coordination with other goals of Intelligence Community Informa- sonnel and law enforcement regarding unau- appropriate officials designated by the DNI, tion Technology Environment (IC ITE) and thorized disclosures; the current role of IGs within 180 days of enactment of the Act, to the importance of the common, secure shar- within IC elements regarding such disclo- brief the congressional intelligence commit- ing infrastructure it creates. The Commit- sures; what, if any, specific actions could be tees on options for a pilot program to de- tees further understand that the path to im- taken by such IGs to increase their involve- velop and continually update best practices plement a complex, technical environment ment in the investigation of such matters; for private technology companies to quickly such as IC ITE needs to be sufficiently flexi- any laws, rules or procedures that currently recognize and lawfully take down violent ex- ble and agile. However, the Committees re- prevent IGs from increasing their involve- tremist content online. Such briefing shall main concerned with the lack of consistency ment; and the benefits and drawbacks of in- address: creased IG involvement, to include potential 1. The feasibility, risks, costs, and benefits and substance in previous reports and brief- impacts to IG’s roles and missions. of such a program; ings on IC ITE. Therefore, section 6312 of Presidential Policy Guidance. 2. The U.S. Government agencies and pri- Subdivision 2 of the Act requires a long-term vate sector entities that would participate; roadmap, business plan, and security plan The Presidential Policy Guidance (PPG) that shall be reported to the congressional dated May 22, 2013, and entitled ‘‘Procedures and 3. Any additional authorities that would be intelligence committees at least quarterly for Approving Direct Action Against Ter- with additional notifications as necessary. rorist Targets Located Outside the United required by the program’s establishment. States and Areas of Active Hostilities’’ pro- South China Sea. Intelligence Community Chief Financial Officer. vides for the participation by elements of the The South China Sea is an area of great The Chief Financial Officers (CFO) Act of IC in reviews of certain proposed counterter- geostrategic importance to the United 1990 mandated best practices for decision- rorism operations. The Committees expect States and its allies. However, China’s con- making and accountability, as well as im- to remain fully and currently informed troversial territorial claims and other ac- proved decision-makers’ access to reliable about the status of the PPG and its imple- tions stand to undercut international norms and timely financial and performance infor- mentation. and erode the region’s stability. It is thus mation. The CFO Act, as amended, requires Therefore, the Committees direct ODNI, imperative the United States uphold respect that the chief financial officers of 24 depart- within five days of any change to the PPG, for international law in the South China ments and agencies ‘‘report directly to the or to any successor policy guidance, to sub- Sea. Fulfilling that objective in turn will re- head of the agency regarding financial man- mit to the congressional intelligence com- quire an optimal intelligence collection pos- agement matters.’’ Section 6404 of Subdivi- mittees a written notification thereof, that ture. sion 2 of the Act brings the ODNI in line with shall include a summary of the change and Therefore, the direct the DoD, in coordina- the best practices implemented in the CFO the specific legal and policy justifications tion with DNI, within 30 days of enactment Act. for the change. of the Act, to brief the congressional intel- Intelligence Community Chief Information Offi- Centers for Academic Excellence. ligence and defense committees on known in- cer. The Committees commend the commit- telligence collection gaps, if any, with re- As codified in 44 U.S.C. 3506(a)(1)(A), each ment demonstrated by the program man- spect to adversary operations and aims in federal agency head is responsible for ‘‘car- agers of the IC’s Centers for Academic Excel- the South China Sea. The briefing shall iden- rying out the information resources manage- lence (IC-CAE), IC agencies that sponsored tify the gaps and whether those gaps are ment activities to improve agency produc- CAE interns, and all other personnel who driven by lack of access, lack of necessary tivity, efficiency, and effectiveness.’’ Accord- contributed to the inaugural edition of the collection capabilities or legal or policy au- ingly, section 6405 of Subdivision 2 of the Act CAE Internship Program in summer 2017. thorities, or by other factors. The briefing expresses the Committee’s intent to empha- The Committees expect the IC-CAE Pro- shall also identify IC judgments that assess size the importance of the IC Chief Informa- gram to build on this foundation by showing which intelligence disciplines would be best- tion Officer (CIO), as defined in 50 U.S.C.

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Specifically, the brief- Referring to the directive language found Central Intelligence Agency Subsistence for Per- ing shall identify (1) any such elements that in the committee report accompanying H.R. sonnel Assigned to Austere Locations. have not yet issued final procedures; and (2) 5515, the HASC-reported Fiscal Year 2019 with respect to such elements, the status of Section 6411 of Subdivision 2 of the Act NDAA, the Committees direct the Secretary the procedures’ development, and any in- permits the Director of the CIA to allow sub- of Defense, in coordination with the DNI and terim guidance or procedures on which those sistence for personnel assigned to austere lo- the Director of the Office of Personnel Man- elements currently rely. cations. Although the statute does not define agement, within 60 days of enactment of the ‘‘austere,’’ the Committees believe that uti- Homegrown Violent Extremists Imprisoned in Act, to brief the Committees and the con- lization of this authority should be minimal. Department of Defense Facilities. gressional defense committees on efforts to ensure seamless transition of investigations Therefore, within 180 days after the enact- The Committees are concerned about an between authorized investigative agencies, ment of the Act, the CIA shall brief the Com- evident gap in information sharing about in- as required by law. mittees on the CIA’s definition of ‘‘austere’’ dividuals imprisoned in DoD facilities who Further, referring to the directive lan- and the CIA regulations in place governing are categorized by the FBI as homegrown guage found in the committee report accom- this authority. violent extremists (HVEs). A recent FBI re- panying H.R. 5515, the HASC-reported Fiscal Collocation of Certain Department of Homeland port underscores this gap, highlighting the Year 2019 NDAA, the Committees direct the Security Personnel at Field Locations. case of an individual who has been convicted Secretary of Defense, in coordination with and sentenced to death by a U.S. military The Committees support DHS I&A’s intent the DNI and the Director of the Office of Per- court martial and remains incarcerated in a to integrate into operations across the sonnel Management, within 90 days of enact- U.S. military facility. The Committees un- broader DHS enterprise. Accordingly, section ment of the Act, to brief the congressional derstand that, despite his incarceration, this 6434 of Subdivision 2 of the Act requires I&A intelligence committees on efforts to ensure inmate openly communicates with the out- to identify opportunities for collocation of reciprocity is a consideration for implemen- side world through written correspondence I&A field officers and to submit to the Com- tation of continuous evaluation and contin- and has continued to inspire extremists mittees a plan for their deployment. uous vetting across the federal government. throughout the world. The Committees fur- Limitations on Intelligence Community Ele- Foreign Influence Task Force. ments’ Communications with Congress. ther understand that the FBI is unable to de- termine the full scope of this inmate’s con- The IC has warned of active measures Effective oversight of the IC requires tacts with the outside world because only a taken by foreign actors to interfere with and unencumbered communications between rep- portion of his communications have been undermine the U.S. democratic process, most resentatives of the agencies, members of provided by the DoD. recently and brazenly by the Russian Fed- Congress, and congressional staff. The Com- Therefore, no later than 180 days after the eration. The Committees appreciate FBI ef- mittees direct the DNI not to limit any ele- enactment of the Act, the Committees direct forts to confront this challenge in part ment of the IC from having interactions with the FBI to work with the DoD to create a through creation of its Foreign Influence the congressional intelligence committees, process by which the DoD provides to the Task Force. The Committees believes that including but not limited to, preclearance by FBI the complete communications of indi- confronting foreign influence directed at the the DNI of remarks, briefings, discussions of viduals imprisoned in DoD facilities and who United States is of fundamental importance, agency resources or authorities require- are categorized by the FBI as HVEs. and thus desire to engage in a close and reg- ments, or mandatory reports to the DNI on ular dialogue with the FBI about the task Naming of Federal Bureau of Investigation conversations with the Committees. force’s activities. Headquarters. Intelligence Community Support to the National Therefore, the Committees direct the FBI Vetting Center. According to statute enacted in 1972, the to provide detailed, quarterly briefings to On February 6, 2018, the President issued current FBI headquarters building in Wash- the Committees regarding the task force’s National Security Policy Memorandum ington, D.C. must be ‘‘known and des- activities, to include its progress and any (NSPM)-9, ’’Presidential Memorandum on ignated’’ as the ‘‘J. Edgar Hoover FBI Build- significant challenges. Optimizing the Use of Federal Government ing.’’ That tribute has aged poorly. It should Enhanced Oversight of IC Contractors. Information in Support of National Vetting be reconsidered, in view of Hoover’s record A topic of sustained congressional intel- Enterprise.’’ The memorandum directs the on civil liberties—including the effort to dis- ligence committee interest has been improv- DHS, in coordination with the ODNI and parage and undermine Dr. Martin Luther ing the federal government’s oversight of IC other agencies, to establish the National King Jr. Even today, Hoover’s name evokes acquisition and procurement practices, in- Vetting Center. The memorandum also re- the FBI’s sordid ‘‘COINTELPRO’’ activities. cluding activities by poorly performing IC quires agencies to ‘‘provide the Center access The Committees believe Congress should contractors. to relevant biographic, biometric, and re- consider repealing the provision requiring A framework exists to ensure that IC ele- lated derogatory information.’’ It further di- the existing Pennsylvania Avenue building ments do not award IC contracts to busi- rects DNI, in coordination with the heads of to be known as the ‘‘J. Edgar Hoover FBI nesses that engage in negligence or even relevant IC elements, to ‘‘establish a support Building.’’ A new name should be deter- gross negligence, consistently fail to appro- element to facilitate, guide, and coordinate mined, through a joint dialogue among Bu- priately safeguard classified information, all IC efforts to use classified intelligence reau leadership, law enforcement personnel, maintain poor financial practices, or other and other relevant information within the IC elected officials, and civil rights leaders. issues. For example, an IC element may holdings in support of the center.’’ The Com- Science, Technology, Engineering, and Math maintain a list of contractors of concern, in mittees wish to obtain regular updates and careers in Defense Intelligence. order to ensure that proposals from such the most current information about the ac- contractors are rejected or subjected to addi- tivities of that support element. Referring to the directive language found tional scrutiny. The Committees wish to Therefore, no later than 180 days after the in the committee report accompanying H.R. build on these practices and are concerned enactment of the Act and annually there- 5515, the HASC-reported Fiscal Year 2019 about the existing framework’s adequacy. after, the Committees direct the DNI and the NDAA, the Committees direct the Director Therefore, the Committees direct all ele- Under Secretary for Intelligence and Anal- of DIA to provide, within 90 days after enact- ments of the IC, to the fullest extent con- ysis at DHS to brief the Committees on the ment of the Act, a briefing to the congres- sistent with applicable law and policy, to status of IC support to the National Vetting sional intelligence committees and the con- share with one another information about Center, as established by NSPM–9. gressional defense committees on a plan to develop a Science, Technology, Engineering, contractors with track records of concern— Update on Status of Attorney General-Approved and Math career program that attracts and such as the commission of negligence or U.S. Person Procedures under Executive maintains the defense intelligence cadre of gross negligence in the performance of IC Order 12333. Science and Technical Intelligence analysts contracts, or the repeated failure to appro- The Committees acknowledge the difficult, to meet tomorrow’s threats. priately safeguard classified information in a labor-intensive work undertaken by certain fashion that the contractor reasonably could IC elements, to ensure the current effective- Security and Intelligence Role in Export Con- have been expected to prevent. ness of, and in some cases to substantially trol. Additionally, no later than 30 days after revise, final Attorney General-approved pro- Referring to the directive language found enactment of the Act, the DNI shall brief the cedures regarding the collection, dissemina- in the committee report accompanying H.R. Committees on the authorities of IC ele- tion, and retention of United States persons 5515, the HASC-reported Fiscal Year 2019 ments with respect to contractors with track information. The Committees wish to better NDAA, the Committees direct the Under records of concern — before, during, and understand the status of this project, Secretary of Defense for Policy, in coordina- after procurement. An objective of the brief- throughout the IC. tion with the USD(I), within 60 days of en- ing will be to discuss information sharing Therefore, the Committees direct that, not actment of the Act, to brief the congres- practices in this regard, and to identify spe- later than 60 days after enactment of the sional intelligence and defense committees, cific areas where the oversight framework Act, the DNI and the Attorney General shall on security support to export control. can be strengthened.

VerDate Sep 11 2014 05:52 Dec 18, 2019 Jkt 099060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A17DE6.062 S17DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 17, 2019 CONGRESSIONAL RECORD — SENATE S7101 Security Clearance Reporting Requirements. citizens whose relationship to the United Section 5323. Encouragement of cooperative ac- The Agreement directs the Office of Man- States is classified, regardless of the loca- tions to detect and counter foreign influence agement and Budget, in coordination with tion of the individuals’ government service operations. members of the Performance Accountability or time since separation from government Section 5323 provides the DNI, in coordina- Council, to report to Congress, within 90 service. tion with the Secretary of Defense, with the days of enactment of the Act, on rec- Section 5304. Required counterintelligence as- necessary authorities and ability to use up ommendations for harmonizing and stream- sessments, briefings, notifications, and re- to $30 million of NIP funds, to establish an lining reporting requirements related to se- ports. independent, non-profit Social Media Data curity clearances that have been set forth in and Threat Analysis Center (‘‘Center’’). Sec- Section 5304 requires the DNI, in consulta- legislation. tion 323 further provides that this Center tion with other appropriate agencies, to con- shall establish a central portal for social PART III: SECTION-BY-SECTION ANALYSIS AND duct an assessment following a United media data analysis, enabling: (1) social EXPLANATION OF LEGISLATIVE TEXT States election of any foreign government media companies to voluntarily share data SECTION-BY-SECTION ANALYSIS AND interference. Section 5304 requires the DNI on foreign influence operations; (2) research- EXPLANATION to post publicly advisory reports on foreign ers to analyze that data; and (3) information The following is a section-by-section anal- counterintelligence and cybersecurity sharing between and among government and ysis and explanation of the Damon Paul Nel- threats to federal election campaigns. It also private companies. Section 5323 also requires son and Matthew Young Pollard Intelligence requires quarterly briefings to the congres- the Director of the Center to produce quar- Authorization Act for Fiscal Years 2018, 2019, sional intelligence committees regarding the terly public reports on trends in foreign in- and 2020 (the ‘‘Act’’}. Federal Bureau of Investigation’s counter- fluence and disinformation operations, in- intelligence activities and prompt notifica- SUBDIVISION 1—INTELLIGENCE AUTHORIZATIONS cluding any threats to campaigns and elec- tion of an investigation carried out regard- FOR FISCAL YEAR 2020 tions, as well as an annual report to Con- ing a counterintelligence risk related to a Section 5100. Table of contents. gress on the degree of cooperation and com- federal election or campaign. TITLE LI—INTELLIGENCE ACTIVITIES mitment from the social media companies. Section 5101. Authorization of appropriations. Section 5305. Inclusion of security risks in pro- Section 5324. Transfer of National Intelligence gram management plans required for acqui- Section 5101 lists the United States Gov- University to the Office of the Director of sition of major systems in National Intel- National Intelligence. ernment departments, agencies, and other ligence Program. elements for which the Act authorizes appro- Section 5324 requires the Director of the priations for intelligence and intelligence-re- Section 5305 amends the National Security DIA to transfer to the DNI the National In- lated activities for Fiscal Year 2020. Act of 1947 (50 U.S.C. 3024(q)(1)(A)) to require telligence University, upon submission of re- Section 5102. Classified schedule of authoriza- that the annual program management plans quired joint certifications to appropriate tions. on major system acquisitions that the DNI congressional committees by the Secretary submits to Congress address security risks, of Defense and the DNI. Section 5102 provides that the details of in addition to cost, schedule, performance SUBTITLE C—INSPECTOR GENERAL OF the amounts authorized to be appropriated goals, and program milestone criteria. for intelligence and intelligence-related ac- THE INTELLIGENCE COMMUNITY tivities for Fiscal Year 2020 are contained in Section 5306. Intelligence community public-pri- Section 5331. Definitions. the classified Schedule of Authorizations and vate talent exchange. Section 5331 provides definitions for termi- that the classified Schedule of Authoriza- Section 5306 requires the DNI to develop nology used throughout this Subtitle. tions shall be made available to the Commit- policies, processes, and procedures to facili- Section 5332. Inspector General external review tees on Appropriations of the Senate and tate IC personnel rotations to the private panel. House of Representatives and to the Presi- sector and vice versa, to bolster skill devel- Section 5332 codifies the whistleblower pro- dent. opment and collaboration. Section 5306 fur- tections contained in Part C of Presidential Section 5103. Intelligence Community Manage- ther sets forth requirements with which Policy Directive–19 to ensure an effective ap- ment Account. agreements governing such rotations must peals process through external review panels Section 5103 authorizes appropriations for address, including terms and conditions, in- and the reporting of waste, fraud, and abuse. the Intelligence Community Management cluding termination, duration, employment Section 5332 further requires the Inspector Account (ICMA) of the ODNI for Fiscal Year status, pay, and benefits. General of the Intelligence Community (IC 2020. Section 5307. Assessment of contracting practices IG) to submit to the congressional intel- TITLE LII—CENTRAL INTELLIGENCE to identify certain security and counter- ligence committees a recommendation on AGENCY RETIREMENT AND DIS- intelligence concerns. how to ensure that a whistleblower with a ABILITY SYSTEM Section 5307 requires the DNI to conduct complaint against an Inspector General of an Section 5201. Authorization of appropriations. an assessment of the authorities, policies, IC agency has equal access to adjudication, appellate review, and external review panels. Section 5201 authorizes appropriations in processes, and standards used by the IC to the amount of $514,000,000 for the CIA Retire- ensure that the IC is weighing security and Section 5333. Harmonization of whistleblower ment and Disability Fund for Fiscal Year counterintelligence risks in contracting with processes and procedures. 2020. companies that contract—or carry out joint Section 5333 requires the IC IG, in coordi- TITLE LIII—INTELLIGENCE COMMUNITY research and development—with the People’s nation with the IC Inspectors General MATTERS Republic of China, the Russian Federation, Forum, to develop recommendations applica- the Democratic People’s Republic of Korea, ble to Inspectors Generals for all IC elements SUBTITLE A—GENERAL INTELLIGENCE or the Islamic Republic of Iran. regarding the harmonization, where appro- COMMUNITY MATTERS priate, of policies and directives related to Section 5301. Restriction on conduct of intel- SUBTITLE B—OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE whistleblower claims and appeals processes ligence activities. and procedures. Section 5333 further requires Section 5301 provides that the authoriza- Section 5321. Establishment of Climate Security the IC IG to maximize transparency regard- tion of appropriations by the Act shall not Advisory Council. ing these processes and procedures. be deemed to constitute authority for the Section 5321 requires the DNI to establish Section 5334. Oversight by Inspector General of conduct of any intelligence activity that is an advisory council to assist analytic compo- the Intelligence Community over intelligence not otherwise authorized by the Constitution nents of the IC with incorporating analysis community whistleblower matters. or laws of the United States. of climate security into their work. The Section 5334 requires the IC IG, in con- Section 5302. Increase in employee compensation council will also facilitate coordination and sultation with the IC Inspectors General and benefits authorized by law. sharing of data between the IC and non-IC Forum, to establish a system whereby the IC Section 5302 provides that funds authorized elements related to climate change. IG is provided in near real time of whistle- to be appropriated by the Act for salary, pay, Section 5322. Foreign Malign Influence Re- blower complaints relating to the programs retirement, and other benefits for federal sponse Center. and activities under the DNI’s jurisdiction, employees may be increased by such addi- Section 5322 establishes a Foreign Malign as well as any IG actions relating to such tional or supplemental amounts as may be Influence Response Center within the ODNI complaints. necessary for increases in compensation or to analyze and integrate all U.S. Govern- Section 5335. Report on cleared whistleblower benefits authorized by law. ment intelligence pertaining to hostile ef- attorneys. Section 5303. Expansion of scope of protections forts undertaken by, at the direction of, or Section 5335 requires the IC IG to submit for identities of covert agents. on behalf of or with the substantial support to the congressional intelligence committees Section 5303 amends the definition of ‘‘cov- of, the government of the Russian Federa- a report on access to cleared attorneys by ert agent’’ in the National Security Act of tion, Iran, North Korea, China, or any other whistleblowers in the IC, including any rec- 1947 (50 U.S.C. 3126 country that the Director of the Center de- ommended improvements to the limited se- (4)) to protect the identities of all under- termines appropriate, to influence U.S.- curity agreement process and such other op- cover intelligence officers, and United States based policies, activities, or public opinion. tions as the IC IG considers appropriate.

VerDate Sep 11 2014 05:52 Dec 18, 2019 Jkt 099060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A17DE6.063 S17DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7102 CONGRESSIONAL RECORD — SENATE December 17, 2019 SUBTITLE D—CENTRAL INTELLIGENCE congressional intelligence committees con- ligence assistance to foreign governments, AGENCY cerning the influence operations and cam- and to provide a report on the findings and a Section 5341. Clarification of certain authority paigns in the United States conducted by the plan for recommendations. of the Central Intelligence Agency. Communist Party of China. Section 5704. Collection, analysis, and dissemi- Section 5341 clarifies current CIA authori- Section 5512. Report on repression of ethnic nation of workforce data. ties related to death benefits, requires the Muslim minorities in the Xinjiang region of Section 5704 requires the DNI to provide a Director of the CIA to submit a report if the the People’s Republic of China. publicly available annual report on diversity CIA does not modify relevant regulations, Section 5512 requires the Director of Na- and inclusion efforts of the IC’s workforce. and requires a briefing on certain health care tional Intelligence to submit a report to the Section 5705. Plan for strengthening the supply services for CIA personnel. congressional intelligence committees con- chain intelligence function. TITLE LIV—SECURITY CLEARANCES cerning activity by the People’s Republic of Section 5705 requires the Director of the China to repress ethnic Muslim minorities in Section 5401. Improving visibility into the secu- NCSC, in coordination with interagency the Xinjiang region of China. rity clearance process. partners, to submit a plan for strengthening Section 5513. Report on efforts by People’s Re- supply chain intelligence function. Section 5401 requires the DNI, acting as public of China to influence election in Tai- the Security Executive Agent, to issue a pol- Section 5706. Comprehensive economic assess- wan. icy requiring the head of each Federal agen- ment of investment in key United States cy to create an electronic portal whereby the Section 5513 requires the DNI to submit a technologies by companies or organizations agency and its workforce applicants can re- report within 45 days of the 2020 Taiwan linked to China. view the status of their security clearance Presidential and Vice Presidential elections Section 5706 requires the DNI, in coordina- processing. An enterprise solution that is ac- concerning any influence operations by tion with other designated agencies, to sub- cessible to multiple agencies may meet this China to interfere in or undermine the elec- mit to the congressional intelligence com- objective. Any portal should have appro- tion and efforts by the United States to dis- mittees a comprehensive economic assess- priate security safeguards. rupt those operations. ment of investment in key United States Section 5402. Making certain policies and execu- SUBTITLE C—MATTERS RELATING TO technologies, by companies or organizations tion plans relating to personnel clearances OTHER COUNTRIES linked to China, as well as the national secu- rity implications of Chinese-backed invest- available to industry partners. Section 5521. Sense of Congress and report on ments to the United States. Section 5402 requires each head of a Fed- Iranian efforts in Syria and Lebanon. Section 5707. Report by Director of National In- eral agency to share security clearance poli- Section 5521 requires the DNI, in coordina- telligence on fifth-generation wireless net- cies and plans with directly affected industry tion with the Secretary of State and the Sec- work technology. partners, consistent with national security retary of Defense, to submit a report that as- and with National Industrial Security Pro- sesses Iran’s efforts to establish influence in Section 5707 directs the DNI to submit to gram (NISP) goals. Section 5402 further re- Syria, Iran’s support of proxy forces, and the the appropriate committees a report on the quires the DNI, acting as the Security Exec- resulting threats to U.S. interests and allies. threat to the national security of the United utive Agent, jointly with the Director of the States posed by adoption of fifth-generation Section 5522. Assessments regarding the North- wireless network built by foreign companies NISP, to develop policies and procedures for ern Triangle and Mexico. sharing this information. and possible efforts to mitigate the threat. Section 5522 requires the DNI, in coordina- TITLE LV—MATTERS RELATING TO Section 5708. Report on use by intelligence com- tion with other IC officials, to submit a com- munity of facial recognition technology. FOREIGN COUNTRIES prehensive assessment of drug trafficking, Section 5708 requires the DNI to submit a SUBTITLE A—MATTERS RELATING TO human trafficking, and human smuggling ac- report on the IC’s use of facial recognition RUSSIA tivities in the Northern Triangle and Mexico. technology. Section 508 further requires the DNI to pro- Section 5501. Annual reports on influence oper- Section 5709. Report on deepfake technology, ations and campaigns in the United States vide a briefing on the IC’s collection prior- ities and activities in these areas. foreign weaponization of deepfakes, and re- by the Russian Federation. lated notifications. Section 5501 requires the Director of the TITLE LVI—FEDERAL EFFORTS AGAINST DOMESTIC TERRORISM Section 5709 requires the DNI to submit a National Counterintelligence and Security report on the potential national security im- Center to submit an annual report to the Section 5601. Definitions. pacts of machine-manipulated media and the congressional intelligence committees con- Section 5601 provides definitions for termi- use of machine-manipulated media by for- cerning the influence operations and cam- nology used throughout this Title. eign governments to spread disinformation paigns in the United States conducted by the Section 5602. Strategic intelligence assessment of or engage in other malign activities. Russian Federation. and reports on domestic terrorism. Section 5710. Annual report by Comptroller Gen- Section 5502. Assessment of legitimate and ille- Section 5602 requires the Director of the eral of the United States on cybersecurity gitimate financial and other assets of Vladi- FBI and the Secretary of Homeland Secu- and surveillance threats to Congress. mir Putin. rity, in consultation with the DNI, to submit Section 5710 requires the Comptroller Gen- Section 5502 expresses the sense of Con- a report on standardization of terminology eral, in consultation with the DNI, Secretary gress that the United States should do more and procedures relating to domestic ter- of Homeland Security, and the Sergeant at to expose the corruption of Russian Presi- rorism, and a report containing strategic in- Arms, to submit a report to the Committees dent Vladimir Putin and directs the DNI to telligence assessment and data on domestic on cybersecurity and surveillance threats to submit to appropriate congressional commit- terrorism, together with required documents Congress. tees an assessment on the net worth and fi- and materials, with annual updates for 5 Section 5711. Analysis and periodic briefings on nancial and other assets of President Putin years thereafter. major initiatives of intelligence community and his family members. TITLE LVII—REPORTS AND OTHER in artificial intelligence and machine learn- Section 5503. Assessments of intentions of polit- MATTERS ing. ical leadership of the Russian Federation. SUBTITLE A—REPORTS AND BRIEFINGS Section 5711 requires the DNI, in coordina- Section 5503 directs the IC to submit as- tion with other appropriate IC elements, to Section 5701. Modification of requirements for sessments to certain congressional commit- provide briefings to the congressional intel- submission to Congress of certain reports. tees of the current intentions of the political ligence committees on the IC’s major initia- leadership of the Russian Federation con- Section 5701 amends or cancels numerous tives in artificial intelligence and machine cerning potential military action against reporting requirements under current law. learning. members of the North Atlantic Treaty Orga- Section 5702. Increased transparency regarding Section 5712. Report on best practices to protect nization (NATO), responses to an enlarged counterterrorism budget of the United privacy and civil liberties of Chinese Ameri- United States or NATO military presence in States. cans. Eastern Europe, and potential actions taken Section 5702 makes several findings regard- Section 5712 requires the DNI, through the for the purpose of exploiting perceived divi- ing the transparency of the IC’s counterter- Office of Civil Liberties, Privacy, and Trans- sions among the governments of Russia’s rorism budget and directs a briefing from the parency, and in coordination with other IC Western adversaries. executive branch on the feasibility of releas- civil liberty and privacy officers, to submit a SUBTITLE B—MATTERS RELATING TO ing additional information to the public con- report on how IC policies targeting China af- CHINA cerning the IC’s efforts on counterterrorism. fect the privacy and civil liberties of certain Section 5511. Annual reports on influence oper- Section 5703. Study on role of retired and former Americans of Chinese descent, along with ations and campaigns in the United States personnel of intelligence community with re- recommendations for necessary protections. by the Communist Party of China. spect to certain foreign intelligence oper- Section 5713. Oversight of foreign influence in Section 5511 requires the Director of the ations. academia. National Counterintelligence and Security Section 5703 requires the DNI to conduct a Section 5713 requires the DNI, in consulta- Center to submit an annual report to the study on former IC personnel providing intel- tion with other appropriate IC elements, to

VerDate Sep 11 2014 05:52 Dec 18, 2019 Jkt 099060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A17DE6.064 S17DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 17, 2019 CONGRESSIONAL RECORD — SENATE S7103 submit a report on the risks to sensitive re- appropriate heads of Federal agencies, to un- retirement, and other benefits for federal search subjects posed by foreign entities. dertake an effort to identify and, when ap- employees may be increased by such addi- Section 5713 further requires the report to propriate, develop countermeasures against, tional or supplemental amounts as may be identify specific national security-related International Mobile Subscriber Identity- necessary for increases in compensation or threats to research conducted at institutions Catchers operated within the United States benefits authorized by law. of higher education. by criminals and hostile foreign govern- Section 6303. Modification of special pay au- Section 5714. Report on death of Jamal ments. thority for science, technology, engineering, Khashoggi. Section 5726. Securing energy infrastructure. or mathematics positions and addition of Section 5714 requires the DNI to submit to Section 5726 requires the Secretary of En- special pay authority for cyber positions. Congress an unclassified report on the death ergy, within 180 days of enactment of the Section 6303 provides an increased yearly of Jamal Khashoggi, consistent with pro- Act, to establish a two-year control systems cap for Science, Technology, Engineering, or tecting sources and methods. The report implementation pilot program within the Mathematics (STEM) employee positions in shall include identification of those who car- National Laboratories. This pilot program the IC that support critical cyber missions. ried out, participated in, ordered, or were will partner with covered entities in the en- Section 6303 also permits the National Secu- otherwise complicit in, or responsible for, ergy sector to identify new security rity Agency (NSA) to establish a special rate Mr. Khashoggi’s death. vulnerabilities, and for purposes of research- of pay for positions that perform functions Section 5715. Report on terrorist screening data- ing, developing, testing, and implementing that execute the agency’s cyber mission. base. technology platforms and standards in part- Section 6304. Modification of appointment of nership with such entities. Section 5726 also Section 5715 requires the DNI and the Sec- Chief Information Officer of the Intelligence requires the Secretary to establish a work- Community. retary of State to jointly submit a report on ing group composed of identified private and Section 6304 changes the position of IC the FBI’s terrorist screening database. public sector entities to evaluate the tech- Chief Information Officer from being subject Section 5716. Report containing threat assess- nology platforms and standards for the pilot to presidential appointment to being subject ment of terrorist use of conventional and program, and develop a national cyber-in- to appointment by the DNI. advanced conventional weapons. formed engineering strategy to isolate and Section 5716 requires the Under Secretary defend covered entities from security Section 6305. Director of National Intelligence of Homeland Security for I&A, in coordina- vulnerabilities. Section 5726 requires the review of placement of positions within the tion with the Director of the FBI, to develop Secretary, within 180 days after the date on intelligence community on the Executive and submit a threat assessment regarding which funds are first disbursed, to submit to Schedule. the availability of certain conventional specified committees an interim report that Section 6305 requires the DNI, in coordina- weapons in support of terrorism activities. describes the pilot program’s results, pro- tion with the Office of Personnel Manage- Section 5717. Assessment of homeland security vides a feasibility analysis, and describes the ment, to conduct a review of the positions vulnerabilities associated with certain re- working group’s evaluations. Section 5726 within the IC that may be appropriate for in- tired and former personnel of the intel- further requires the Secretary, within two clusion on the Executive Schedule, and the ligence community. years of funding, to submit to the congres- appropriate levels for inclusion. sional intelligence committees a progress re- Section 5717 requires the DNI to submit an Section 6306. Supply Chain and Counterintel- port on the pilot program and an analysis of ligence Risk Management Task Force. assessment of the homeland security the feasibility of the methods studied, and a Section 6306 requires the DNI to establish vulnerabilities associated with retired and description of the working group’s evalua- a task force to standardize information shar- former personnel of the IC providing covered tion results. intelligence assistance. ing between the IC and the United States SUBDIVISION 2—INTELLIGENCE AUTHORIZATIONS Section 5718. Study on feasibility and advis- Government acquisition community with re- FOR FISCAL YEARS 2018 AND 2019 ability of establishing Geospatial-Intel- spect to supply chain, cybersecurity, and ligence Museum and learning center. Section 6100. Table of contents. counterintelligence risks. Section 6306 fur- TITLE LXI—INTELLIGENCE ACTIVITIES ther provides requirements for membership, Section 5718 requires the Director of the security clearances, and annual reports. National Geospatial-Intelligence Agency Section 6101. Authorization of appropriations. (NGA) to complete a study and report the Section 6101 lists the United States Gov- Section 6307. Consideration of adversarial tele- findings on the feasibility and advisability of ernment departments, agencies, and other communications and cybersecurity infra- establishing a Geospatial-Intelligence Mu- elements for which the Act deems authorized structure when sharing intelligence with seum and learning center. appropriations for intelligence and intel- foreign governments and entities. SUBTITLE B—OTHER MATTERS ligence-related activities for Fiscal Years Section 6307 requires the IC, when entering 2018 and 2019. into foreign intelligence sharing agreements, Section 5721. Whistleblower disclosures to Con- to consider the pervasiveness of tele- gress and committees of Congress. Section 6102.Intelligence Community Manage- ment Account. communications and cybersecurity infra- Section 5721 enables whistleblowers to pro- structure, equipment, and services provided vide classified disclosures to appropriate Section 6102 provides that the amounts by United States adversaries or entities committees of Congress. that were appropriated for Fiscal Years 2018 thereof. and 2019 are deemed authorized. Section 5722. Task force on illicit financing of Section 6308. Cyber protection support for the espionage and foreign influence operations. TITLE LXII—CENTRAL INTELLIGENCE personnel of the intelligence community in AGENCY RETIREMENT AND DIS- Section 5722 requires the DNI to establish positions highly vulnerable to cyber attack. ABILITY SYSTEM a task force to study and assess the illicit fi- Section 6308 permits the DNI to provide nancing of espionage and foreign influence Section 6201. Authorization of appropriations. cyber protection support for the personal operations directed at the United States and Section 6201 deems authorized the appro- technology devices and personal accounts of requires the task force to issue a report on priations for the CIA Retirement and Dis- IC personnel whom the DNI determines to be this subject to the appropriate congressional ability Fund for Fiscal Years 2018 and 2019. highly vulnerable to cyber attacks and hos- committees. Section 6202. Computation of annuities for em- tile information collection activities. Section 5723. Establishment of fifth-generation ployees of the Central Intelligence Agency. Section 6309. Elimination of sunset authority re- technology prize competition. Section 6202 makes technical changes to lating to management of supply-chain risk. Section 5723 establishes a program to the CIA Retirement Act to conform with Section 6309 extends certain IC procure- award prizes to stimulate research and devel- various statutes governing the Civil Service ment authorities to manage and protect opment relevant to fifth-generation wireless Retirement System. against supply chain risks. technology. TITLE LXIII—GENERAL INTELLIGENCE Section 6310. Limitations on determinations re- Section 5724. Establishment of deepfakes prize COMMUNITY MATTERS garding certain security classifications. competition. Section 6301. Restriction on conduct of intel- Section 6310 prohibits an officer of the IC Section 5724 establishes a program to ligence activities. who is nominated to a Senate-confirmed po- award prizes to stimulate the research, de- Section 6301 provides that the authoriza- sition from making certain classification de- velopment, or commercialization of tech- tion of appropriations by the Act shall not terminations posing potential conflicts of in- nologies to automatically detect machine- be deemed to constitute authority for the terest regarding that nominee. manipulated media. conduct of any intelligence activity that is Section 6311. Joint Intelligence Community Section 5725. Identification of and counter- not otherwise authorized by the Constitution Council. or the laws of the United States. measures against certain International Mo- Section 6311 amends Section 101A of the bile Subscriber Identity-Catchers. Section 6302. Increase in employee compensation National Security Act of 1947 (50 U.S.C. Section 5725 requires the DNI and the Di- and benefits authorized by law. 3022(d)) as to the Joint Intelligence Commu- rector of the FBI, in collaboration with the Section 6302 provides that funds authorized nity Council meetings and to require a re- Under Secretary of DHS for I&A, and other to be appropriated by the Act for salary, pay, port on its activities.

VerDate Sep 11 2014 05:52 Dec 18, 2019 Jkt 099060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A17DE6.065 S17DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7104 CONGRESSIONAL RECORD — SENATE December 17, 2019 Section 6312. Intelligence community informa- SUBTITLE B—CENTRAL INTELLIGENCE naissance, acquisition, and other matters. tion technology environment. AGENCY Section 6433 provides that the board shall Section 6312 defines the roles and respon- Section 6411. Central Intelligence Agency sub- terminate 3 years after the Director declares sibilities for the performance of the Intel- sistence for personnel assigned to austere lo- the board’s first meeting. ligence Community Information Technology cations. Section 6434. Collocation of certain Department Environment (IC ITE). Section 6312 requires Section 6411 authorizes the Director of the of Homeland Security personnel at field lo- certain reporting and briefing requirements CIA to approve, with or without reimburse- cations. to the congressional intelligence committees ment, subsistence to personnel assigned to Section 6434 requires the Under Secretary regarding the IC’s ongoing implementation an austere overseas location. of Homeland Security for Intelligence & of IC ITE. Section 6412. Special rules for certain monthly Analysis (DHS I&A) to identify opportunities Section 6313. Report on development of secure workers’ compensation payments and other for collocation of I&A field officers and to mobile voice solution for intelligence com- payments for Central Intelligence Agency submit to the congressional intelligence munity. personnel. committees a plan for deployment. Section 6313 requires the DNI, in coordina- Section 6412 authorizes the Director of the TITLE LXV—ELECTION MATTERS tion with the Directors of the CIA and NSA, CIA to provide enhanced injury benefits to a Section 6501. Report on cyber attacks by foreign provide the congressional intelligence com- covered employee or qualifying dependents governments against United States election mittees with a classified report on the feasi- who suffer an injury overseas due to war, in- infrastructure. bility, desirability, cost, and required sched- surgency, hostile act, or terrorist activities. Section 6501 directs the DHS Under Sec- ule associated with the implementation of a Section 6413. Expansion of security protective retary for I&A to submit a report on cyber secure mobile voice solution for the IC. service jurisdiction of the Central Intel- attacks and attempted cyber attacks by for- Section 6314. Policy on minimum insider threat ligence Agency. eign governments on United States election standards. Section 6413 expands the security perim- infrastructure, in connection with the 2016 presidential election. Section 6501 further re- Section 6314 requires the DNI to develop eter jurisdiction at CIA facilities from 500 feet to 500 yards. quires this report to include identification of minimum insider threat standards to be fol- the States and localities affected and include lowed by each element of the IC, consistent Section 6414. Repeal of foreign language pro- efforts to attack voter registration data- with the National Insider Threat Policy and ficiency requirement for certain senior level bases, voting machines, voting-related com- Minimum Standards for Executive Branch positions in the Central Intelligence Agency. puter networks, and the networks of Secre- Insider Threat Programs. Section 6414 repeals Title 50, section taries of State and other election officials. Section 6315. Submission of intelligence commu- 3036(g), with conforming amendments to sec- Section 6502. Review of intelligence community’s nity policies. tion 611 of the Intelligence Authorization Act posture to collect against and analyze Rus- Section 6315 requires the DNI to make all for Fiscal Year 2005 (Public Law 108–487). sian efforts to influence the Presidential ODNI policies and procedures available to SUBTITLE C—OFFICE OF INTELLIGENCE election. the congressional intelligence committees. AND COUNTERINTELLIGENCE OF THE Section 6502 requires the DNI to submit to Section 6315 also requires ODNI to notify the DEPARTMENT OF ENERGY the congressional intelligence committees, congressional committees of any new or re- Section 6421. Consolidation of Department of within one year of enactment of the Act, a scinded policies. Energy Offices of Intelligence and Counter- report on the Director’s review of the IC’s Section 6316. Expansion of intelligence commu- intelligence. posture to collect against and analyze Rus- nity recruitment efforts. Section 6421 amends the Department of En- sian efforts to interfere with the 2016 United States presidential election. Section 6502 fur- Section 6316 requires the DNI, in consulta- ergy Organization Act to consolidate the of- ther requires the review to include assess- tion with IC elements, to submit a plan to fices of intelligence and counterintelligence ments of IC resources, information sharing, the congressional intelligence committees as into the DOE Office of Intelligence and and legal authorities. to each element’s efforts in recruitment Counterintelligence. from rural and underrepresented regions. Section 6422. Repeal of Department of Energy Section 6503. Assessment of foreign intelligence Intelligence Executive Committee and budg- threats to Federal elections. TITLE LXIV—MATTERS RELATING TO et reporting requirement. Section 6503 requires the DNI, in coordina- ELEMENTS OF THE INTELLIGENCE tion with the Director of the CIA, Director of COMMUNITY Section 6422 amends the Department of En- ergy Organization Act by repealing the De- the NSA, Director of the FBI, Secretary of SUBTITLE A—OFFICE OF THE DIRECTOR partment of Energy Intelligence Executive DHS, and heads of other relevant IC ele- OF NATIONAL INTELLIGENCE Committee, as well as certain budgetary re- ments, to commence assessments of security Section 6401. Authority for protection of current porting requirements. vulnerabilities of State election systems one and former employees of the Office of the SUBTITLE D—OTHER ELEMENTS year before regularly scheduled Federal elec- Director of National Intelligence. tions. Section 6503 further requires the DNI Section 6431. Plan for designation of counter- to submit a report on such assessments 180 Section 6401 amends Title 50, section 3506, intelligence component of the Defense Secu- to provide protection for current and former days before regularly scheduled Federal elec- rity Service as an element of intelligence tions, and an updated assessment 90 days be- ODNI personnel and designated immediate community. family members, if there is a national secu- fore regularly scheduled Federal elections. Section 6431 directs the DNI and the Under rity threat that warrants such protection. Section 6504. Strategy for countering Russian Secretary of Defense for Intelligence, in co- cyber threats to United States elections. Section 6402. Designation of the program man- ordination with the Director of the National Section 6504 requires the DNI, in coordina- ager-information sharing environment. Counterintelligence and Security Center, to tion with the Secretary of DHS, Director of provide the congressional intelligence and Section 6402 amends the Intelligence Re- the FBI, Director of the CIA, Secretary of defense committees with an implementation form and Terrorism Protection Act of 2004 so State, Secretary of Defense, and Secretary of plan to make the Defense Security Service’s that the Program Manager-Information the Treasury, to develop a whole-of-govern- (DSS’s) Counterintelligence component an Sharing Environment (PM-ISE) is subject to ment strategy for countering Russian cyber element of the IC as defined in paragraph (4) appointment by the DNI, not the President. threats against United States electoral sys- of section 3 of the National Security Act of Section 6403. Technical modification to the exec- tems and processes. Section 6504 further re- 1947 (50 U.S.C. 3003(4)), by January 1, 2020. utive schedule. quires this strategy to include input from so- Section 6431 further mandates that the plan licited Secretaries of State and chief elec- Section 6403 amends the Executive Sched- shall not address the DSS’s personnel secu- tion officials. ule to make the Director of the National rity functions. Counterintelligence and Security Center a Section 6505. Assessment of significant Russian Section 6432. Notice not required for private en- Level IV position on the Executive Schedule. influence campaigns directed at foreign tities. Section 6404. Chief Financial Officer of the In- elections and referenda. Section 6432 provides a Rule of Construc- telligence Community. Section 6505 requires the DNI to provide a tion that the Secretary of the Department of report assessing past and ongoing Russian Section 6404 amends the National Security Homeland Security (DHS) is not required to Act of 1947 by requiring the Chief Financial influence campaigns against foreign elec- provide notice to private entities before tions and referenda, to include a summary of Officer of the IC to directly report to the issuing directives on agency information se- DNI. the means by which such influence cam- curity policies and practices. paigns have been or are likely to be con- Section 6405. Chief Information Officer of the Section 6433. Establishment of advisory board ducted, a summary of defenses against or re- Intelligence Community. for National Reconnaissance Office. sponses to such Russian influence cam- Section 6405 amends the National Security Section 6433 amends the National Security paigns, a summary of IC activities to assist Act of 1947 by requiring the Chief Informa- Act of 1947 to authorize the Director of the foreign governments against such cam- tion Officer of the IC to directly report to NRO to establish an advisory board to study paigns, and an assessment of the effective- the DNI. matters related to space, overhead recon- ness of such foreign defenses and responses.

VerDate Sep 11 2014 05:52 Dec 18, 2019 Jkt 099060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A17DE6.066 S17DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 17, 2019 CONGRESSIONAL RECORD — SENATE S7105 Section 6506. Information sharing with State of clearance requests at the Secret level in 30 continuous evaluation programs, election officials. days, and at the Top Secret-level in 90 days. disaggregated by tier and employment sta- Section 6506 requires the DNI, within 30 The provision provides the Council with lati- tus. days of enactment of the Act, to support se- tude to issue equivalent metrics that simi- TITLE LXVII—REPORTS AND OTHER curity clearances for each eligible chief elec- larly improve the timeliness of the clearance MATTERS process. The plan shall also address how to tion official of a State, territory, or the Dis- SUBTITLE A—MATTERS RELATING TO recognize reciprocity in accepting clearances trict of Columbia (and additional eligible RUSSIA AND OTHER FOREIGN POWERS designees), up to the Top Secret level. Sec- among agencies within two weeks, and to re- tion 6506 also requires the DNI to assist with quire that ninety percent of clearance hold- Section 6701. Limitation relating to establish- sharing appropriate classified information ers not be subject to a time-based periodic ment or support of cybersecurity unit with about threats to election systems. investigation. the Russian Federation. Section 6507. Notification of significant foreign Section 6605. Security Executive Agent. Section 6701 prohibits the Federal govern- cyber intrusions and active measure cam- Section 6605 establishes the DNI as the ment from expending any funds to establish paigns directed at elections for Federal of- government’s Security Executive Agent, or support a cybersecurity unit or other fices. consistent with Executive Order 13467, and cyber agreement that is jointly established Section 6507 requires the Director of the sets forth relevant authorities. or otherwise implemented by the United States Government and the Russian Federa- FBI, and the Secretary of Homeland Secu- Section 6606. Report on unified, simplified, Gov- rity to brief the congressional intelligence tion, unless the DNI submits a report to the ernmentwide standards for positions of trust appropriate congressional committees at committees, congressional leadership, the and security clearances. armed services committees, the appropria- least 30 days prior to any such agreement. Section 6606 directs the DNI and the Direc- tions committees, and the homeland security The report shall include the agreement’s tor of the Office of Personnel Management to committees (consistent with sources and purpose, intended shared intelligence, value report on the advisability and implications methods) not later than 14 days after a de- to national security, counterintelligence of consolidating the tiers for positions of termination has been made with moderate or concerns, and any measures taken to miti- trust and security clearances from 5 to 3 high confidence that a significant foreign gate such concerns. tiers. cyber intrusion or active measures campaign Section 6702. Assessment of threat finance relat- intended to influence an upcoming election Section 6607. Report on clearance in person con- ing to Russia. cept. for any Federal office has taken place by a Section 6702 requires the DNI, in coordina- foreign state or foreign non-state person, Section 6607 requires the DNI to submit a tion with the Assistant Secretary of the group, or other entity. The briefing shall report on a concept whereby an individual Treasury for Intelligence and Analysis, to provide a description of the significant for- can maintain eligibility for access to classi- submit to the congressional intelligence eign cyber intrusion or active measures cam- fied information for up to 3 years after ac- committees, within 60 days of enactment of paign, including an identification of the for- cess may lapse. the Act, an assessment of Russian threat fi- eign state or foreign non-state person or Section 6608. Reports on reciprocity for security nance, based on all-source intelligence from group. clearances inside of departments and agen- both the IC and the Office of Terrorism and Section 6508. Designation of counterintelligence cies. Financial Intelligence of the Treasury De- officer to lead election security matters. Section 6608 requires each federal agency partment. Section 6702 further requires the Section 6508 requires the DNI to designate to submit a report to the DNI that identifies assessment to include global nodes and entry a national counterintelligence officer within the number of clearances that take more points for Russian money laundering; United the National Counterintelligence and Secu- than two weeks to reciprocally recognize and States vulnerabilities; connections between rity Center to lead, manage, and coordinate set forth the reason for any delays. Section Russian individuals involved in money laun- election security-related counterintelligence 6608 further requires the DNI to submit an dering and the Russian Government; coun- matters, including certain risks from foreign annual report summarizing reciprocity. terintelligence threats to the United States posed by Russian money laundering and power interference. Section 6609. Intelligence community reports on other forms of threat finance; and challenges TITLE LXVI—SECURITY CLEARANCES security clearances. to United States Government efforts to en- Section 6601. Definitions. Section 6609 requires the DNI to submit a force sanctions and combat organized crime. Section 6601 provides definitions for termi- report on each IC element’s security clear- nology used throughout this Title. ance metrics, segregated by Federal employ- Section 6703. Notification of an active measures campaign. Section 6602. Reports and plans relating to secu- ees and contractor employees. rity clearances and background investiga- Section 6610. Periodic report on positions in the Section 6703 requires the DNI to notify tions. intelligence community that can be con- congressional leadership, and the Chairman Section 6602 requires the interagency Per- ducted without access to classified informa- and Vice Chairman or Ranking Member of formance Accountability Council (Council) tion, networks, or facilities. the appropriate congressional committees, to provide plans to reduce the background each time the DNI has determined there is Section 6610 requires the DNI to submit to credible information that a foreign power investigation inventory and best align the the congressional intelligence committees a investigation function between DoD and the has attempted, is attempting, or will at- report on positions that can be conducted tempt to employ a covert influence or active National Background Investigation Bureau. without access to classified information, Section 6602 further requires the Council to measures campaign with regard to the mod- networks, or facilities, or may require only a ernization, employment, doctrine, or force report on the future of the clearance process Secret-level clearance. and requires the DNI to notify the appro- posture of the United States’ nuclear deter- Section 6611. Information-sharing program for priate committees of responding to official rent or missile defense. Section 6703 further positions of trust and security clearances. requests to change clearance standards, and requires that such notification must include the status of those requests’ disposition. As Section 6611 requires the Security Execu- information on any actions that the United with other reports in this title, these reports tive Agent and the Suitability and States has taken to expose or halt such at- can be met in a consolidated format and po- Credentialing Executive Agents to establish tempts. tentially through the regularly scheduled a program to share information between and Section 6704. Notification of travel by accredited quarterly Council briefings. among government agencies and industry diplomatic and consular personnel of the partners to inform decisions about positions Section 6603. Improving the process for security Russian Federation in the United States. of trust and security clearances. clearances. Section 6704 requires the Secretary of Section 6603 requires the DNI to review the Section 6612. Report on protections for confiden- State to ensure that the Russian Federation Questionnaire for National Security posi- tiality of whistleblower-related communica- provides notification at least two business tions (SF–86 or any current instantiation tions. days in advance of all travel that is subject thereof) and the Federal Investigative Section 6612 requires the Security Execu- to such requirements by accredited diplo- Standards to determine potential unneces- tive Agent, in coordination with the IC IG, matic and consular personnel of the Russian sary information required and assess wheth- to submit a report detailing the IC’s controls Federation in the United States, and take er revisions are necessary to account for in- used to ensure continuous evaluation pro- necessary action to secure full compliance sider threats. Section 6603 further requires grams protect the confidentiality of whistle- by Russian personnel and address any non- the DNI, in coordination with the Council, to blower-related communications. compliance. establish policies on interim clearances and Section 6613. Reports on costs of security clear- Section 6705. Report and annual briefing on Ira- consistency between the clearance process ance background investigations. nian expenditures supporting foreign mili- for contract and government personnel. Section 6613 requires the DNI to provide an tary and terrorist activities. Section 6604. Goals for promptness of determina- annual report for three years after enact- Section 6705 requires the DNI to submit a tions regarding security clearances. ment on the resources expended by each gov- report to Congress describing Iranian ex- Section 6604 requires the Council to imple- ernment agency for processing security penditures on military and terrorist activi- ment a plan to be able to process 90 percent clearance background investigations and ties outside the country.

VerDate Sep 11 2014 05:52 Dec 18, 2019 Jkt 099060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A17DE6.067 S17DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7106 CONGRESSIONAL RECORD — SENATE December 17, 2019 Section 6706. Expansion of scope of committee to Section 6717. Modification of certain reporting Section 6723. Annual report on memoranda of counter active measures. requirement on travel of foreign diplomats. understanding between elements of intel- Section 6706 amends a provision in the In- Section 6717 amends a provision in the In- ligence community and other entities of the telligence Authorization Act for Fiscal Year 2017 telligence Authorization Act for Fiscal Year United States Government regarding signifi- to expand the scope of the interagency com- 2017, to require reporting of ‘‘a best esti- cant operational activities or policy. mittee to counter active measures by the mate’’ of known or suspected violations of Section 6723 amends a provision in the In- Russian Federation to add China, Iran, North certain travel requirements by accredited telligence Authorization Act for Fiscal Year Korea, and other nation states. diplomatic and consular personnel of the 2017, instead requiring each IC element to SUBTITLE B—REPORTS Russian Federation. submit an annual report to the Committees Section 6711. Technical correction to Inspector Section 6718. Semiannual reports on investiga- that lists each significant memorandum of General study. tions of unauthorized disclosures of classi- understanding or other agreement entered Section 6711 amends Title 50, section fied information. into during the preceding fiscal year. Sec- 11001(d), by replacing the IC IG’s ‘‘audit’’ re- Section 6718 requires the Assistant Attor- tion 6723 further requires each IC element to quirement for Inspectors General with em- ney General for National Security at the De- provide such documents if an intelligence ployees having classified material access, partment of Justice, in consultation with committee so requests. with a ‘‘review’’ requirement. the Director of the FBI, to submit to the Section 6724. Study on the feasibility of Section 6712. Reports on authorities of the Chief congressional intelligence and judiciary encrypting unclassified wireline and wire- Intelligence Officer of the Department of committees a semiannual report on the sta- less telephone calls. Homeland Security. tus of IC referrals to the Department of Jus- Section 6724 requires the DNI to complete Section 6712 requires the Secretary of DHS, tice regarding unauthorized disclosures of a study on the feasibility of encrypting un- in consultation with the Under Secretary for classified information. Section 6718 also di- classified wireline and wireless telephone I&A, to submit to the congressional intel- rects IC elements to submit to the congres- calls between personnel in the IC. ligence committees a report on the adequacy sional intelligence committees a semiannual Section 6725. Reports on intelligence community of the Under Secretary’s authorities required report on the number of investigations loan repayment and related programs. as the Chief Intelligence Officer to organize opened and completed by each agency re- Section 6725 requires the DNI, in coopera- the Homeland Security Intelligence Enter- garding an unauthorized public disclosure of tion with the heads of the elements of the IC, prise, and the legal and policy changes nec- classified information to the media, and the to submit to the congressional intelligence essary to coordinate, organize, and lead DHS number of completed investigations referred committees a report on potentially estab- intelligence activities. to the Attorney General. lishing an IC-wide program for student loan Section 6713. Review of intelligence community Section 6719. Congressional notification of des- repayment and forgiveness. whistleblower matters. ignation of covered intelligence officer as Section 6726. Repeal of certain reporting re- persona non grata. Section 6713 directs the IC IG, in consulta- quirements. tions with the IGs of other IC agencies, to Section 6719 requires, not later than 72 Section 6726 repeals certain IC reporting conduct a review of practices and procedures hours after a covered intelligence officer is requirements. designated as persona non grata, that the relating to IC whistleblower matters. Section 6727. Inspector General of the Intel- DNI, in consultation with the Secretary of Section 6714. Report on role of Director of Na- ligence Community report on senior execu- State, submit to the designated committees tional Intelligence with respect to certain tives of the Office of the Director of Na- a notification of that designation, to include foreign investments. tional Intelligence. the basis for the designation and justifica- Section 6714 directs the DNI to submit a tion for the expulsion. Section 6727 directs the IC IG to submit a report on ODNI’s role in preparing analytic report to the congressional intelligence com- Section 6720. Reports on intelligence community materials in connection with the United mittees regarding senior executive service participation in vulnerabilities equities States Government’s evaluation of national staffing at the ODNI. process of Federal Government. security risks associated with potential for- Section 6728. Briefing on Federal Bureau of In- Section 6720 requires the DNI to submit, eign investments. vestigation offering permanent residence to within 90 days of enactment of the Act, to Section 6715. Report on surveillance by foreign sources and cooperators. the congressional intelligence committees a governments against United States tele- Section 6728 directs the FBI within 30 days communications networks. report describing the Vulnerabilities Equi- ties Process (VEP) roles and responsibilities of enactment of this Act to provide a brief- Section 6715 requires the DNI, in coordina- for each IC element. Section 6720 further re- ing to the congressional intelligence com- tion with the Director of the CIA, Director of quires each IC element to report to the con- mittees regarding the FBI’s ability to pro- the NSA, Director of the FBI, and Secretary gressional intelligence committees within 30 vide permanent U.S. residence to foreign in- of DHS, to submit to the congressional intel- days of a significant change to that respec- dividuals who serve as cooperators in na- ligence, judiciary, and homeland security tive IC element’s VEP process and criteria. tional security-related investigations. committees, within 180 days of enactment of Section 6720 also requires the DNI to submit Section 6729. Intelligence assessment of North the Act, a report on known attempts by for- an annual report to the congressional intel- Korea revenue sources. eign governments to exploit cybersecurity ligence committees with specified informa- Section 6729 requires the DNI, in coordina- vulnerabilities in United States tele- tion on certain VEP metrics. tion with other relevant IC elements, to communications networks to surveil United produce to the congressional intelligence States persons, and any actions that the IC Section 6721. Inspectors General reports on clas- committees an intelligence assessment of has taken to protect United States Govern- sification. the North Korean regime’s revenue sources. ment agencies and personnel from such sur- Section 6721 requires each designated IG to veillance. submit to the congressional intelligence Section 6730. Report on possible exploitations of Section 6716. Biennial report on foreign invest- committees a report on the accuracy in the virtual currencies by terrorist actors. ment risks. application of classification and handling Section 6730 requires the DNI, in consulta- Section 6716 requires the DNI to establish markings on a representative sample of fin- tion with the Secretary of the Treasury, to an IC working group on foreign investment ished products, to include those with com- submit to Congress a report on the possible risks and prepare a biennial report that in- partments. Section 6721 also directs analyses exploitation of virtual currencies by ter- cludes an identification, analysis, and expla- of compliance with declassification proce- rorist actors. nation of national security vulnerabilities, dures and a review of the effectiveness of SUBTITLE C—OTHER MATTERS foreign investment trends, foreign countries’ processes for identifying topics of public or Section 6741. Public Interest Declassification strategies to exploit vulnerabilities through historical importance that merit Board. prioritization for declassification review. the acquisition of either critical tech- Section 6741 permanently reauthorizes the nologies (including components or items es- Section 6722. Reports on global water insecurity Public Interest Declassification Board ad- sential to national defense), critical mate- and national security implications and ministered by the National Archives and rials (including physical materials essential briefing on emerging infectious disease and Records Administration. pandemics. to national security), or critical infrastruc- Section 6742. Technical and clerical amendments ture (including physical or virtual systems Section 6722 requires the DNI to submit to to the National Security Act of 1947. and assets whose destruction or incapacity the congressional intelligence committees a would have a debilitating impact on national report on the implications of global water in- Section 6742 makes certain edits to the Na- security), and market distortions caused by security on the United States’ national secu- tional Security Act of 1947 as amended for foreign countries. Technologies, materials, rity interests. Section 6722 further requires technical or clerical purposes. and infrastructure are deemed to be ‘‘crit- the DNI to provide a briefing to appropriate Section 6743. Bug bounty programs. ical’’ under this provision if their exploi- congressional committees on the geo- Section 6743 directs the Secretary of DHS, tation by a foreign government could cause political effects of emerging infectious dis- in consultation with the Secretary of De- severe harm to the national security of the ease and pandemics, and their implications fense, to submit a strategic plan to imple- United States. on the United States’ national security. ment bug bounty programs at appropriate

VerDate Sep 11 2014 05:52 Dec 18, 2019 Jkt 099060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A17DE6.068 S17DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 17, 2019 CONGRESSIONAL RECORD — SENATE S7107 agencies and departments of the United ensuring that our Forces would be pre- Guard, having enlisted before his high States Government. Section 6743 further re- pared to respond the moment they school graduation. CW2 Charles Nord quires the plan to include an assessment of were needed. After this tragic loss, enlisted in 2007, and he leaves behind the ‘‘Hack the Pentagon’’ pilot program and Governor Walz, a Minnesota National his wife, young daughter, and a child subsequent bug bounty programs. Section 6743 also requires the plan to provide rec- Guardsman for nearly 25 years, re- on the way. SGT James Plantenberg ommendations on the feasibility of initi- marked that ‘‘we will forever be in the enlisted in 2016, was a member of the ating bug bounty programs across the United debt of these warriors.’’ I couldn’t Guard’s biathlon team, and was pre- States Government. agree more. paring to start flight school. We are all Section 6744. Technical amendments related to Today, I would like to honor these indebted to these men for their service, the Department of Energy. brave men for giving what President and I wish their families peace during Section 6744 provides technical corrections Lincoln called, ‘‘the last full measure this time of tragic loss. to certain provisions regarding the Depart- of devotion.’’ We are forever grateful f ment of Energy’s Office of Intelligence and for heroes like Sergeant Plantenberg, Counterintelligence. Chief Warrant Officer 2 Rogers, and ADDITIONAL STATEMENTS Section 6745. Sense of Congress on notification Chief Warrant Officer 2 Nord. of certain disclosures of classified informa- Some who knew these extraordinary tion. REMEMBERING THE HANSEN men described Sergeant Plantenberg as FAMILY Section 6745 expresses the sense of Con- ‘‘one of the most professional individ- ∑ gress that, pursuant to the requirement for uals . . . [who] had unlimited poten- Mr. RISCH. Madam President, I rise the IC to keep the congressional intelligence tial.’’ Chief Warrant Officer 2 Rogers today on a more somber note to pay committees ‘‘fully and currently informed’’ tribute to members of the Hansen fam- in Section 502 of the National Security Act was said to be a ‘‘calming presence’’ who could always make those around ily who recently lost their lives in a of 1947, IC agencies must submit prompt tragic accident. written notification after becoming aware him laugh. Chief Warrant Officer 2 that an individual in the executive branch Nord was described as ‘‘lighthearted— For Jim Hansen, family is what has disclosed certain classified information and kind-hearted.’’ Like many who mattered most in life. This past outside established intelligence channels to serve this country, these men all had Thanksgiving, he was with his sons, foreign adversaries — North Korea, Iran, so many gifts, and our Nation is better grandsons, and great-grandson, partici- China, Russia, or Cuba. today because of their service and sac- pating in an annual hunting activity Section 6746. Sense of Congress on consideration rifice. that had become a family tradition. of espionage activities when considering During this time of unimaginable On November 30, 2019, they were re- whether or not to provide visas to foreign grief, I would also like to offer my turning from this cherished family individuals to be accredited to a United Na- time, when a tragic plane accident tions mission in the United States. prayers and condolences to the families of these fallen heroes. I hope they take took the lives of nine members of the Section 6746 provides a Sense of Congress Hansen family: Jim Hansen, Sr., Jim that, as to foreign individuals to be accred- comfort in the fact that their lives ited to a United Nations mission, the Sec- weren’t lost in vain but in support of Hansen, Jr., Kirk Hansen, Stockton retary of State should consider known and their common goal: to serve the Nation Hansen, Logan Hansen, Kyle Naylor, suspected intelligence and espionage activi- they loved. Tyson Dennert, Jake Hansen, and ties, including activities constituting pre- They will be missed, but never for- Houston Hansen. cursors to espionage, carried out by such in- gotten, as their service has inspired us My wife Vicki and I offer our deepest dividuals against the United States, or all. So now, it is up to us to preserve condolences and our hearts go out to against foreign allies or partners of the the remaining family members during United States. Section 6746 further provides their memory and support all of our brave men and women who make such this overwhelmingly difficult time. that the Secretary of State should consider Their loss will not only be felt an individual’s status as a known or sus- an immense sacrifice to keep our Na- pected intelligence officer for a foreign ad- tion strong. Our thoughts and prayers throughout their community in east- versary. are with their families and loved ones ern Idaho, but also by countless others Section 6747. Sense of Congress on WikiLeaks. and with the entire Minnesota Na- throughout the world who have been Section 6747 provides a Sense of Congress tional Guard community, at home and touched by their religious and philan- that WikiLeaks and its senior leadership re- overseas. There is no limit to the re- thropic service. semble a non-state hostile intelligence serv- spect they have earned, no cap to the The miraculous survival of Josh Han- ice, often abetted by state actors, and should honor they are due, and no time when sen, Matt Hansen, and Thomas Long is be treated as such. we will not be in their debt. a tender mercy to their remaining (At the request of Mr. SCHUMER, the Thank you.∑ loved ones and will hopefully bring a following statement was ordered to be f measure of healing for their families. printed in the RECORD.) Jim Hansen, Sr., spent his entire life HONORING SERGEANT KORT M. f building a legacy steeped in a strong PLANTENBERG, CHIEF WARRANT sense of commitment to family, a HONORING SERGEANT KORT M. OFFICER 2 JAMES A. ROGERS, touchstone to guide future generations. PLANTENBERG, CHIEF WARRANT JR., AND CHIEF WARRANT OFFI- Being born into a family known for OFFICER 2 JAMES A. ROGERS, CER 2 CHARLES P. NORD hard work and business acumen, as JR., AND CHIEF WARRANT OFFI- Ms. SMITH. Madam President, today well as caring for people in need, Jim, CER 2 CHARLES P. NORD I wish to recognize and celebrate the Jr., and Kirk harnessed their entrepre- ∑ Ms. KLOBUCHAR. Madam President, lives of James Rogers, Charles Nord, neurial spirit to expand the family today I rise with a heavy heart to and Kort Plantenberg, all members of business into other successful ventures honor and pay tribute to three exem- the Minnesota National Guard, who that had a significant impact on their plary National Guard Members from tragically lost their lives in a heli- home community of Idaho Falls. The my home State of Minnesota. On copter accident on Thursday, December success of their values and vision was Thursday, December 5, SGT Kort M. 5. After returning home safely from de- manifest in the growth of their busi- Plantenberg, CW2 James A. Rogers, ployment to the Middle East in May, ness endeavors and their global impact. Jr., and CW2 Charles P. Nord lost their this loss is especially heart wrenching. Kirk and Jim were passionate about lives when their Black Hawk UH–60 These men conducted medical evacu- bringing hope to others, and that hope helicopter went down southwest of St. ations in the Middle East, and their took shape in several forms. With the Cloud, MN, during a routine mainte- service to our troops and allies will not guidance and insight of their remark- nance flight. be forgotten. I am grateful for their able wives, Kirk and Jim helped found They had just returned home from service and sacrifice for Minnesota and Kyani Caring Hands. For nearly a dec- the Middle East in May after a 9-month our country. ade, this organization dedicated a sig- deployment conducting medical evacu- CW2 James Rogers, often remem- nificant portion of its time, energy, ations. Once back in Minnesota, they bered for his curious nature, served 10 and financial resources to respond to had continued serving our Nation by years in the Minnesota National disasters and support poverty-stricken

VerDate Sep 11 2014 05:52 Dec 18, 2019 Jkt 099060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A17DE6.069 S17DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7108 CONGRESSIONAL RECORD — SENATE December 17, 2019 communities throughout the world, 1990, Valley Queen has awarded high 35 years of honorable service, as well as with a special focus on improving chil- school and college students over acknowledge his wife Sherrie and their dren’s nutrition and education. $300,000 in scholarships. In addition to two sons, Mitchell and Chad, who have The tragic plane accident that the business’s own philanthropy, Val- supported his service. I wish Mr. claimed the lives of these Idaho sons ley Queen makes an annual contribu- Frazier all the best in his future en- will forever cement the ideals and val- tion to the Milbank Community Foun- deavors as he retires from the city of ues that motivated these men to do dation, which seeks to improve the Henderson.∑ good where good was needed. quality of life of residents in the com- f Idaho said farewell to several great munity. men who were not only pillars of the Valley Queen has been recognized for MESSAGES FROM THE HOUSE community, but also beloved by em- their continuous improvement and ex- At 11:39 a.m., a message from the ployees everywhere. Jim Hansen, Sr., ceptional process control through sev- House of Representatives, delivered by and his two sons, Kirk and Jim, Jr., eral awards. Earlier this year, Valley Mr. Novotny, one of its reading clerks, were known throughout the world as Queen won two awards and received announced that the House has passed men who were passionate about helping near-perfect marks at the U.S. Cham- the following bills, without amend- others and touching lives wherever pionship Cheese Contest for their re- ment: they went. The Hansen men and chil- duced fat cheddar and Monterey Jack S. 50. An act to authorize the Secretary of dren who lost their lives in this tragic jalapeno cheeses. Valley Queen’s sus- the Interior to assess sanitation and safety plane accident will be deeply missed, tained efforts toward improved re- conditions at Bureau of Indian Affairs facili- but their legacy will not be forgotten.∑ search and development does not go ties that were constructed to provide af- fected Columbia River Treaty tribes access f unnoticed by the industry. Valley Queen is an excellent example to traditional fishing grounds and expend funds on construction of facilities and struc- RECOGNIZING VALLEY QUEEN of how small businesses fit the shared CHEESE FACTORY tures to improve those conditions, and for values and ideals of their community other purposes. ∑ Mr. ROUNDS. Madam President, and give back in a multitude of ways. S. 216. An act to provide for equitable com- today, it is my pleasure to name Valley I am proud to highlight Valley Queen pensation to the Spokane Tribe of Indians of Queen Cheese Factory of Milbank, SD and its team for their integral social the Spokane Reservation for the use of tribal as the Senate Small Business of the and economic contributions to South land for the production of hydropower by the Week. Valley Queen Cheese is a prime Dakota. Although many years removed Grand Coulee Dam, and for other purposes. example of the important role small from being a startup company, Valley The message also announced that the businesses play in their local econo- Queen remains committed to the leg- House has passed the following bills, in mies and communities. acy of its founders. Furthermore, which it requests the concurrence of In 1929, Alfred Nef and Alfred Milbank, South Dakota continues to the Senate: Gonzenbach decided Milbank, SD was serve as the perfect home for this H.R. 453. An act to take certain Federal the perfect home for their business and thriving business. Congratulations lands in Tennessee into trust for the benefit founded Valley Queen Cheese. Four again to the entire team at Valley of the Eastern Band of Cherokee Indians, and generations later, Valley Queen re- Queen Cheese Factory for being named for other purposes. H.R. 2647. An act to adopt a certain Cali- mains a family-run operation and is Senate Small Business of the Week.∑ still owned by the Nef and Gonzenbach fornia flammability standard as a Federal f flammability standard to protect against the families. Today, it operates less than TRIBUTE TO FRANK FRAZIER risk of upholstered furniture flammability, half a mile from the original location. and for other purposes. It is a recognized leader in the South ∑ Mr. TILLIS. Madam President, I rise H.R. 3172. An act to provide that inclined Dakota business community and the today to pay tribute to Mr. Frank sleepers for infants and crib bumpers shall be greater dairy industry. Since 2017, Frazier of Oxford, NC, for his 35 years considered banned hazardous products under Doug Wilke has served as CEO of Val- of dedicated public service to the city section 8 of the Consumer Product Safety ley Queen. With guidance from the of Henderson and surrounding commu- Act, and for other purposes. board of directors, he currently over- nities. Mr. Frazier was hired as an en- H.R. 3362. An act to amend title 49, United States Code, to require small hub airports to sees the largest cheese plant in South gineering technician for the city of construct areas for nursing mothers, and for Dakota and the largest employer in Henderson in 1985 and has since dedi- other purposes. Milbank. cated his career to public service. He H.R. 4227. An act to prohibit the submis- More than 90 percent of all milk Val- has held a number of roles within local sion to the Federal Communications Com- ley Queen uses comes from South Da- government including, but not limited mission of broadband internet access service kota cows, and they make a conscious to, director of engineering, assistant coverage information or data for the pur- effort to continue South Dakota’s lead- city manager and city manager. poses of compiling an inaccurate broadband ership in this important industry. As city manager, Mr. Frazier has coverage map. H.R. 4229. An act to require the Federal Thanks to a recent expansion, Valley managed over 200 employees respon- Communications Commission to issue rules Queen now has the capacity to produce sible for all city operations including relating to the collection of data with re- 200 million pounds of cheese from 2 bil- the Fire and Police Departments, engi- spect to the availability of broadband serv- lion pounds of milk each year. Their neering, human resources, finance, ices, and for other purposes. cheese can be found in most local gro- recreation, and water resources, among H.R. 4779. An act to extend the Under- cery stores, as it is sold to some of the many others. Mr. Frazier has led sev- taking Spam, Spyware, And Fraud Enforce- best-known food brands in the world. eral significant projects that have ben- ment With Enforcers beyond Borders Act of To meet the growing demand, Valley efited the city, county, and region as a 2006, and for other purposes. H.R. 4920. An act to amend title 38, United Queen recently invested in a business whole, including upgrades to the Hen- States Code, to provide for an exception to expansion project that increased the derson Water Reclamation Facility and certain small business contracting require- factory’s output by twenty-five per- an upgrade to the Kerr Lake Regional ments applicable to the Department of Vet- cent. Water Plant. Not only did Mr. Frazier erans Affairs procurement of certain goods Valley Queen is an active leader in successfully execute many accomplish- and services covered under the Ability One the Milbank community, where it has ments for the community, he did so program, and for other purposes. grown to employ 300 people. In 2017, the through balanced budgets without tax H.R. 4998. An act to prohibit certain Fed- Valley Queen Charitable Foundation increases and simultaneously providing eral subsidies from being used to purchase was established to advance positive communications equipment or services pos- substantial pay raises to city employ- ing national security risks, to provide for change by supporting local organiza- ees. the establishment of a reimbursement pro- tions and initiatives. In its first 3 years Mr. Frazier is well respected and ac- gram for the replacement of communications as a nonprofit, the foundation has con- knowledged for his consistent dedica- equipment or services posing such risks, and tributed more than $900,000 to local tion to improving the quality of life for for other purposes. charities that have a community, edu- Henderson and the greater region. I The message further announced that cational, or humanitarian focus. Since would like to thank Mr. Frazier for his the House agreed to the amendment of

VerDate Sep 11 2014 05:52 Dec 18, 2019 Jkt 099060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\G17DE6.030 S17DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 17, 2019 CONGRESSIONAL RECORD — SENATE S7109 the Senate to the bill (H.R. 150) to certain small business contracting require- AA84) received in the Office of the President modernize Federal grant reporting, and ments applicable to the Department of Vet- of the Senate on December 12, 2019; to the for other purposes. erans Affairs procurement of certain goods Committee on Armed Services. and services covered under the Ability One EC–3505. A communication from the Acting At 4:10 p.m., a message from the program, and for other purposes; to the Com- General Counsel of the National Credit House of Representatives, delivered by mittee on Veterans’ Affairs. Union Administration, transmitting, pursu- ant to law, the report of a rule entitled Mrs. Cole, one of its reading clerks, an- f ‘‘Payday Alternative Loans’’ (RIN3133–AE84) nounced that the House has agreed to MEASURES PLACED ON THE received in the Office of the President of the the following concurrent resolutions, CALENDAR Senate on December 12, 2019; to the Com- in which it requests the concurrence of mittee on Banking, Housing, and Urban Af- the Senate: The following bill was read the first fairs. H. Con. Res. 81. Concurrent resolution di- and second times by unanimous con- EC–3506. A communication from the Policy recting the Clerk of the House of Representa- sent, and placed on the calendar: Associate Director, Bureau of Consumer Fi- tives to make a correction in the enrollment H.R. 4229. An act to require the Federal nancial Protection, transmitting, pursuant of H.R. 1158. Communications Commission to issue rules to law, the report of a rule entitled ‘‘Truth H. Con. Res. 82. Concurrent resolution di- relating to the collection of data with re- in Lending (Regulation Z) Annual Threshold recting the Clerk of the House of Representa- spect to the availability of broadband serv- Adjustments (Credit Cards, HOEPA, and tives to make a correction in the enrollment ices, and for other purposes. Qualified Mortgages)’’ (12 CFR Part 1026) re- ceived in the Office of the President of the of H.R. 1865. f The message also announced that the Senate on December 11, 2019; to the Com- mittee on Banking, Housing, and Urban Af- House has agreed to the amendment of EXECUTIVE AND OTHER COMMUNICATIONS fairs. the Senate to the bill (H.R. 1158) to au- EC–3507. A communication from the Direc- thorize cyber incident response teams The following communications were tor of Legislative Affairs, Federal Deposit at the Department of Homeland Secu- laid before the Senate, together with Insurance Corporation, transmitting, pursu- rity, and for other purposes, with an accompanying papers, reports, and doc- ant to law, the report of a rule entitled ‘‘As- amendment, in which it requests the uments, and were referred as indicated: sessments’’ (RIN3064–AE98) received in the Office of the President of the Senate on De- concurrence of the Senate. EC–3499. A communication from the Sec- cember 12, 2019; to the Committee on Bank- The message further announced that retary of the Commodity Futures Trading ing, Housing, and Urban Affairs. the House has agreed to the amend- Commission, transmitting, pursuant to law, EC–3508. A communication from the Direc- ment of the Senate to the bill (H.R. the report of a rule entitled ‘‘Registration tor of Legislative Affairs, Federal Deposit 1865) to require the Secretary of the and Compliance Requirements for Com- Insurance Corporation, transmitting, pursu- Treasury to mint a coin in commemo- modity Pool Operators and Commodity Trad- ant to law, the report of a rule entitled ‘‘As- ing Advisors: Registered Investment Compa- ration of the opening of the National sessments’’ (RIN3064–AF16) received in the nies, Business Development Companies, and Office of the President of the Senate on De- Law Enforcement Museum in the Dis- Definition of Reporting Person’’ (RIN3038– trict of Columbia, and for other pur- cember 12, 2019; to the Committee on Bank- AE76) received in the Office of the President ing, Housing, and Urban Affairs. poses, with an amendment, in which it of the Senate on December 12, 2019; to the EC–3509. A communication from the Sec- requests the concurrence of the Senate. Committee on Agriculture, Nutrition, and retary of the Treasury, transmitting, pursu- ENROLLED BILL SIGNED Forestry. ant to law, the final report on the national At 4:11 p.m., a message from the EC–3500. A communication from the Dep- emergency with respect to terrorists who uty Secretary of the Commodity Futures House of Representatives, delivered by threaten to disrupt the Middle East peace Trading Commission, transmitting, pursuant process that was declared in Executive Order Mr. Novotny, one of its reading clerks, to law, the report of a rule entitled ‘‘Reg- announced that the Speaker has signed 12947 of January 23, 1995; to the Committee istration and Compliance Requirements for on Banking, Housing, and Urban Affairs. the following enrolled bill: Commodity Pool Operators (CPOs) and Com- EC–3510. A communication from the Chair- H.R. 5363. An act to reauthorize mandatory modity Trading Advisors: Family Offices and man, National Transportation Safety Board, funding programs for historically Black col- Exempt CPOs’’ (RIN3038–AE76) received in transmitting, pursuant to law, a report rel- leges and universities and other minority- the Office of the President of the Senate on ative to the Commission’s competitive serving institutions, and for other purposes. December 12, 2019; to the Committee on Agri- sourcing efforts during fiscal year 2019; to The enrolled bill was subsequently culture, Nutrition, and Forestry. the Committee on Commerce, Science, and EC–3501. A communication from the Ad- signed by the Acting President pro Transportation. ministrator, Agricultural Marketing Serv- EC–3511. A communication from the Dep- tempore (Mrs. BLACKBURN). ice, Department of Agriculture, transmit- uty Bureau Chief, Wireline Competition Bu- f ting, pursuant to law, the report of a rule en- reau, Federal Communications Commission, MEASURES REFERRED titled ‘‘Marketing Order Regulating the Han- transmitting, pursuant to law, the report of dling of Sweet Cherries Grown in Designated a rule entitled ‘‘Modernizing the E–Rate Pro- The following bills were read the first Counties in Washington; Decreased Assess- gram for Schools and Libraries’’ ((RIN3060– and the second times by unanimous ment Rate’’ ((7 CFR Part 923) (Docket Nos. AK57) (FCC 19–117)) received in the Office of consent, and referred as indicated: AMS–SC–19–0049 and SC–19–923–1 FR)) re- the President of the Senate on December 12, H.R. 759. An act to restore an opportunity ceived in the Office of the President of the 2019; to the Committee on Commerce, for tribal economic development on terms Senate on December 10, 2019; to the Com- Science, and Transportation. that are equal and fair, and for other pur- mittee on Agriculture, Nutrition, and For- EC–3512. A communication from the Dep- poses; to the Committee on Indian Affairs. estry. uty Bureau Chief, Wireline Competition Bu- H.R. 3172. An act to provide that inclined EC–3502. A communication from the Sec- reau, Federal Communications Commission, sleepers for infants and crib bumpers shall be retary of Agriculture, transmitting, pursu- transmitting, pursuant to law, the report of considered banned hazardous products under ant to law, a report relative to a violation of a rule entitled ‘‘Connect America Fund’’ section 8 of the Consumer Product Safety the Antideficiency Act that occurred in the ((RIN3060–AK57) (WC Docket No. 10–90)) re- Act and for other purposes; to the Com- Department of Agriculture’s County Agri- ceived in the Office of the President of the mittee on Commerce, Science, and Transpor- culture Risk Coverage account; to the Com- Senate on December 12, 2019; to the Com- tation. mittee on Appropriations. mittee on Commerce, Science, and Transpor- H.R. 4227. An act to prohibit the submis- EC–3503. A communication from the Policy tation. sion to the Federal Communications Com- Analyst, Department of the Army, Depart- EC–3513. A communication from the Assist- mission of broadband internet access service ment of Defense, transmitting, pursuant to ant Secretary, Energy Efficiency and Renew- coverage information or data for the pur- law, the report of a rule entitled ‘‘Obtaining able Energy, Department of Energy, trans- poses of compiling an inaccurate broadband Information From Financial Institutions’’ mitting, pursuant to law, a report entitled coverage map; to the Committee on Com- ((RIN0702–AA99) (32 CFR Part 504)) received ‘‘Annual Report to Congress on Federal Gov- merce, Science, and Transportation. in the Office of the President of the Senate ernment Energy Management and Conserva- H.R. 4779. An act to extend the Under- on December 12, 2019; to the Committee on tion Programs, Fiscal Year 2016’’; to the taking Spam, Spyware, And Fraud Enforce- Armed Services. Committee on Energy and Natural Re- ment With Enforcers beyond Borders Act of EC–3504. A communication from the Chief sources. 2006, and for other purposes; to the Com- of the Legal Assistance Policy Division, De- EC–3514. A communication from the Direc- mittee on Commerce, Science, and Transpor- partment of the Army, Department of De- tor of Congressional Affairs, Office of En- tation. fense, transmitting, pursuant to law, the re- forcement, Nuclear Regulatory Commission, H.R. 4920. An act to amend title 38, United port of a rule entitled ‘‘Family Support, transmitting, pursuant to law, the report of States Code, to provide for an exception to Child Custody, and Paternity’’ (RIN0702– a rule entitled ‘‘Enforcement Guidance

VerDate Sep 11 2014 05:52 Dec 18, 2019 Jkt 099060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A17DE6.007 S17DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7110 CONGRESSIONAL RECORD — SENATE December 17, 2019 Memorandum (EGM) 19–001, Clarification of of Federal Regulations and Agency Compli- EC–3532. A communication from the Man- Inspection Documentation Requirements in ance with the Unfunded Mandates Reform agement and Program Analyst, Federal Section 2.2.3 of the Enforcement Policy’’ Act’’; to the Committee on Homeland Secu- Aviation Administration, Department of (RIN3150–A112) received in the Office of the rity and Governmental Affairs. Transportation, transmitting, pursuant to President of the Senate on December 12, 2019; EC–3524. A communication from the Chair- law, the report of a rule entitled ‘‘Standard to the Committee on Environment and Pub- man, Federal Maritime Commission, trans- Instrument Approach Procedures, and Take- lic Works. mitting, pursuant to law, the Commission’s off Minimums and Obstacle Departure Proce- EC–3515. A communication from the Senior Performance and Accountability Report for dures; Miscellaneous Amendments; Amend- Advisor, Office of the Secretary, Department fiscal year 2019; to the Committee on Home- ment No. 3882’’ ((RIN2120–AA65) (Docket No. of Health and Human Services, transmitting, land Security and Governmental Affairs. 31286)) received during adjournment of the pursuant to law, a report of a correction rel- EC–3525. A communication from the Chief Senate in the Office of the President of the ative to a report of a vacancy in the position Financial Officer, National Labor Relations Senate on December 13, 2019; to the Com- of Assistant Secretary for Legislation, De- Board, transmitting, pursuant to law, a re- mittee on Commerce, Science, and Transpor- partment of Health and Human Services, re- port entitled ‘‘Performance and Account- tation. ceived in the Office of the President of the ability Report for Fiscal Year 2019’’; to the EC–3533. A communication from the Man- Senate on December 12, 2019; to the Com- Committee on Homeland Security and Gov- agement and Program Analyst, Federal mittee on Finance. ernmental Affairs. Aviation Administration, Department of EC–3516. A communication from the Chief EC–3526. A communication from the Fed- Transportation, transmitting, pursuant to of the Publications and Regulations Branch, eral Register Liaison Officer, Office of the law, the report of a rule entitled ‘‘Standard Internal Revenue Service, Department of the Judge Advocate General, Department of De- Instrument Approach Procedures, and Take- Treasury, transmitting, pursuant to law, the fense, transmitting, pursuant to law, the re- off Minimums and Obstacle Departure Proce- report of a rule entitled ‘‘Calculation of port of a rule entitled ‘‘Policies and Respon- dures; Miscellaneous Amendments; Amend- UBTI for Certain Exempt Organizations’’ sibilities for Implementation of the National ment No. 3880’’ ((RIN2120–AA65) (Docket No. (RIN1545–BJ92) received in the Office of the Environmental Policy Act within the De- 31284)) received during adjournment of the President of the Senate on December 11, 2019; partment of the Navy’’ ((RIN0703–AB01) (32 Senate in the Office of the President of the to the Committee on Finance. CFR Part 775)) received during adjournment Senate on December 13, 2019; to the Com- EC–3517. A communication from the Presi- of the Senate in the Office of the President mittee on Commerce, Science, and Transpor- dent of the United States to the President of the Senate on December 13, 2019; to the tation. Pro Tempore of the United States Senate, Committee on Armed Services. EC–3534. A communication from the Man- transmitting, consistent with the War Pow- EC–3527. A communication from the Assist- agement and Program Analyst, Federal ers Act, a report relative to deployments of ant Secretary, Bureau of Legislative Affairs, Aviation Administration, Department of United States Armed Forces equipped for Department of State, transmitting, pursuant Transportation, transmitting, pursuant to combat (OSS–2019–1312); to the Committee on to law, a six-month periodic report relative law, the report of a rule entitled ‘‘Standard Foreign Relations. to the continuation of the national emer- Instrument Approach and Procedures, and EC–3518. A communication from the Acting gency with respect to the proliferation of Takeoff Minimums and Obstacle Departure Assistant Secretary for Legislation, Depart- weapons of mass destruction that was origi- Procedures; Miscellaneous Amendments; ment of Health and Human Services, trans- nally declared in Executive Order 12938 of Amendment No. 3879’’ ((RIN2120–AA65) mitting, pursuant to law, a report entitled November 14, 1994; to the Committee on (Docket No. 31283)) received during adjourn- ‘‘Fiscal Year 2017 Report to Congress: Older Banking, Housing, and Urban Affairs. ment of the Senate in the Office of the Presi- Americans Act’’; to the Committee on EC–3528. A communication from the Senior dent of the Senate on December 13, 2019; to Health, Education, Labor, and Pensions. Counsel, Legal Division, Bureau of Consumer the Committee on Commerce, Science, and EC–3519. A communication from the Senior Financial Protection, transmitting, pursu- Transportation. Procurement Executive, Office of Acquisi- ant to law, the report of a rule entitled ‘‘Fair EC–3535. A communication from the Man- tion Policy, General Services Administra- Credit Reporting Act Disclosures’’ (12 CFR agement and Program Analyst, Federal tion, transmitting, pursuant to law, the re- Part 1022) received in the Office of the Presi- Aviation Administration, Department of port of a rule entitled ‘‘Federal Acquisition dent of the Senate on December 12, 2019; to Transportation, transmitting, pursuant to Regulation; Federal Acquisition Circular the Committee on Banking, Housing, and law, the report of a rule entitled ‘‘Amend- 2020–03; Small Entity Compliance Guide’’ ((48 Urban Affairs. ment and Removal of Air Traffic Service CFR Chapter 1) (FAC 2020–03)) received in the EC–3529. A communication from the Man- (ATS) Routes; Southeastern United States’’ Office of the President of the Senate on De- agement and Program Analyst, Federal ((RIN2120–AA66) (Docket No. FAA–2019–0638)) cember 12, 2019; to the Committee on Home- Aviation Administration, Department of received during adjournment of the Senate land Security and Governmental Affairs. Transportation, transmitting, pursuant to in the Office of the President of the Senate EC–3520. A communication from the Senior law, the report of a rule entitled ‘‘Extension on December 13, 2019; to the Committee on Procurement Executive, Office of Acquisi- of the Prohibition Against Certain Flights in Commerce, Science, and Transportation. tion Policy, General Services Administra- Specified Areas of the Sanaa Flight Informa- EC–3536. A communication from the Man- tion, transmitting, pursuant to law, the re- tion Region (FIR) (OYSC)’’ ((RIN2120–AL44) agement and Program Analyst, Federal port of a rule entitled ‘‘Federal Acquisition (Docket No. FAA–2015–8672)) received during Aviation Administration, Department of Regulation; Federal Acquisition Circular adjournment of the Senate in the Office of Transportation, transmitting, pursuant to 2020–03, Introduction’’ ((48 CFR Chapter 1) the President of the Senate on December 13, law, the report of a rule entitled ‘‘Amend- (FAC 2020–03)) received in the Office of the 2019; to the Committee on Commerce, ment of Class E Airspace; Madera, CA’’ President of the Senate on December 12, 2019; Science, and Transportation. ((RIN2120–AA66) (Docket No. FAA–2018–1002)) to the Committee on Homeland Security and EC–3530. A communication from the Man- received during adjournment of the Senate Governmental Affairs. agement and Program Analyst, Federal in the Office of the President of the Senate EC–3521. A communication from the Senior Aviation Administration, Department of on December 13, 2019; to the Committee on Procurement Executive, Office of Acquisi- Transportation, transmitting, pursuant to Commerce, Science, and Transportation. tion Policy, General Services Administra- law, the report of a rule entitled ‘‘Extension EC–3537. A communication from the Man- tion, transmitting, pursuant to law, the re- of the Prohibition Against Certain Flights in agement and Program Analyst, Federal port of a rule entitled ‘‘Federal Acquisition the Territory and Airspace of Somalia’’ Aviation Administration, Department of Regulation; FAR Case 2018–017, Prohibition ((RIN2120–AL46) (Docket No. FAA–2007– Transportation, transmitting, pursuant to on Contracting for Certain Telecommuni- 27602)) received during adjournment of the law, the report of a rule entitled ‘‘Amend- cations and Video Surveillance Services or Senate in the Office of the President of the ment of Class D; Los Angeles, CA’’ ((RIN2120– Equipment’’ ((RIN9000–AN83) (48 CFR Parts 4 Senate on December 13, 2019; to the Com- AA66) (Docket No. FAA–2019–0535)) received and 52)) received in the Office of the Presi- mittee on Commerce, Science, and Transpor- during adjournment of the Senate in the Of- dent of the Senate on December 12, 2019; to tation. fice of the President of the Senate on Decem- the Committee on Homeland Security and EC–3531. A communication from the Man- ber 13, 2019; to the Committee on Commerce, Governmental Affairs. agement and Program Analyst, Federal Science, and Transportation. EC–3522. A communication from the Sec- Aviation Administration, Department of EC–3538. A communication from the Man- retary of Education, transmitting, pursuant Transportation, transmitting, pursuant to agement and Program Analyst, Federal to law, the Department’s Semiannual Report law, the report of a rule entitled ‘‘Standard Aviation Administration, Department of of the Office of the Inspector General for the Instrument Approach Procedures, and Take- Transportation, transmitting, pursuant to period from April 1, 2019 through September off Minimums and Obstacle Departure Proce- law, the report of a rule entitled ‘‘Amend- 30, 2019; to the Committee on Homeland Se- dures; Miscellaneous Amendments; Amend- ment of Class D and E Airspace and Estab- curity and Governmental Affairs. ment No. 3881’’ ((RIN2120–AA65) (Docket No. lishment of Class E Airspace; La Crosse, WI’’ EC–3523. A communication from the Acting 31285)) received during adjournment of the ((RIN2120–AA66) (Docket No. FAA–2019–0503)) Director, Office of Management and Budget, Senate in the Office of the President of the received during adjournment of the Senate Executive Office of the President, transmit- Senate on December 13, 2019; to the Com- in the Office of the President of the Senate ting, pursuant to law, a report entitled ‘‘2017 mittee on Commerce, Science, and Transpor- on December 13, 2019; to the Committee on Report to Congress on the Benefits and Costs tation. Commerce, Science, and Transportation.

VerDate Sep 11 2014 05:52 Dec 18, 2019 Jkt 099060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A17DE6.020 S17DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 17, 2019 CONGRESSIONAL RECORD — SENATE S7111 EC–3539. A communication from the Man- law, the report of a rule entitled ‘‘Airworthi- ((RIN2120–AA64) (Docket No. FAA–2019–0321)) agement and Program Analyst, Federal ness Directives; The Boeing Company Air- received during adjournment of the Senate Aviation Administration, Department of planes’’ ((RIN2120–AA64) (Docket No. FAA– in the Office of the President of the Senate Transportation, transmitting, pursuant to 2019–0671)) received during adjournment of on December 13, 2019; to the Committee on law, the report of a rule entitled ‘‘Amend- the Senate in the Office of the President of Commerce, Science, and Transportation. ment of Class D and E Airspace; Alpena, MI’’ the Senate on December 13, 2019; to the Com- EC–3554. A communication from the Man- ((RIN2120–AA66) (Docket No. FAA–2019–0549)) mittee on Commerce, Science, and Transpor- agement and Program Analyst, Federal received during adjournment of the Senate tation. Aviation Administration, Department of in the Office of the President of the Senate EC–3547. A communication from the Man- Transportation, transmitting, pursuant to on December 13, 2019; to the Committee on agement and Program Analyst, Federal law, the report of a rule entitled ‘‘Airworthi- Commerce, Science, and Transportation. Aviation Administration, Department of ness Directives; International Aero Engines, EC–3540. A communication from the Man- Transportation, transmitting, pursuant to LLC Turbofan Engines’’ ((RIN2120–AA64) agement and Program Analyst, Federal law, the report of a rule entitled ‘‘Airworthi- (Docket No. FAA–2019–0995)) received during Aviation Administration, Department of ness Directives; The Boeing Company Air- adjournment of the Senate in the Office of Transportation, transmitting, pursuant to planes’’ ((RIN2120–AA64) (Docket No. FAA– the President of the Senate on December 13, law, the report of a rule entitled ‘‘Airworthi- 2019–0440)) received during adjournment of 2019; to the Committee on Commerce, ness Directives; Airbus Canada Limited the Senate in the Office of the President of Science, and Transportation. Partnership (Type Certificate Previously the Senate on December 13, 2019; to the Com- EC–3555. A communication from the Gen- eral Attorney, Office of the Secretary, De- Held by C Series Aircraft Limited Partner- mittee on Commerce, Science, and Transpor- partment of Transportation, transmitting, ship (CSALP); Bombardier, Inc.) Airplanes’’ tation. pursuant to law, the report of a rule entitled ((RIN2120–AA64) (Docket No. FAA–2019–0584)) EC–3548. A communication from the Man- ‘‘Maintenance of and Access to Records Per- received during adjournment of the Senate agement and Program Analyst, Federal taining to Individuals’’ (RIN2105–AE76) re- Aviation Administration, Department of in the Office of the President of the Senate ceived during adjournment of the Senate in Transportation, transmitting, pursuant to on December 13, 2019; to the Committee on the Office of the President of the Senate on law, the report of a rule entitled ‘‘Airworthi- Commerce, Science, and Transportation. December 13, 2019; to the Committee on Com- EC–3541. A communication from the Man- ness Directives; The Boeing Company Air- merce, Science, and Transportation. agement and Program Analyst, Federal planes’’ ((RIN2120–AA64) (Docket No. FAA– EC–3556. A communication from the Chief Aviation Administration, Department of 2019–0437)) received during adjournment of of Regulatory Development, Federal Motor Transportation, transmitting, pursuant to the Senate in the Office of the President of Carrier Safety Administration, Department law, the report of a rule entitled ‘‘Airworthi- the Senate on December 13, 2019; to the Com- of Transportation, transmitting, pursuant to ness Directives; Dassault Aviation Air- mittee on Commerce, Science, and Transpor- law, the report of a rule entitled ‘‘Extension planes’’ ((RIN2120–AA64) (Docket No. FAA– tation. of Compliance Date for States’ Query of the 2019–0973)) received during adjournment of EC–3549. A communication from the Man- Drug and Alcohol Clearinghouse’’ (RIN2126– the Senate in the Office of the President of agement and Program Analyst, Federal AC32) received during adjournment of the the Senate on December 13, 2019; to the Com- Aviation Administration, Department of Senate in the Office of the President of the mittee on Commerce, Science, and Transpor- Transportation, transmitting, pursuant to Senate on December 13, 2019; to the Com- tation. law, the report of a rule entitled ‘‘Airworthi- mittee on Commerce, Science, and Transpor- EC–3542. A communication from the Man- ness Directives; Dassault Aviation Air- tation. agement and Program Analyst, Federal planes’’ ((RIN2120–AA64) (Docket No. FAA– EC–3557. A communication from the Man- Aviation Administration, Department of 2019–0697)) received during adjournment of agement and Program Analyst, Federal Transportation, transmitting, pursuant to the Senate in the Office of the President of Aviation Administration, Department of law, the report of a rule entitled ‘‘Airworthi- the Senate on December 13, 2019; to the Com- Transportation, transmitting, pursuant to ness Directives; The Boeing Company Air- mittee on Commerce, Science, and Transpor- law, the report of a rule entitled ‘‘Airworthi- planes’’ ((RIN2120–AA64) (Docket No. FAA– tation. ness Directives; Bell Helicopter Textron Can- 2017–1024)) received during adjournment of EC–3550. A communication from the Man- ada Limited Helicopters’’ ((RIN2120–AA64) the Senate in the Office of the President of agement and Program Analyst, Federal (Docket No. FAA–2017–1105)) received during the Senate on December 13, 2019; to the Com- Aviation Administration, Department of adjournment of the Senate in the Office of mittee on Commerce, Science, and Transpor- Transportation, transmitting, pursuant to the President of the Senate on December 13, tation. law, the report of a rule entitled ‘‘Airworthi- 2019; to the Committee on Commerce, EC–3543. A communication from the Man- ness Directives: Dassault Aviation Air- Science, and Transportation. agement and Program Analyst, Federal planes’’ ((RIN2120–AA64) (Docket No. FAA– EC–3558. A communication from the Chair- Aviation Administration, Department of 2019–0668)) received during adjournment of man of the Council of the District of Colum- Transportation, transmitting, pursuant to the Senate in the Office of the President of bia, transmitting, pursuant to law, a report law, the report of a rule entitled ‘‘Airworthi- the Senate on December 13, 2019; to the Com- on D.C. Act 23–176, ‘‘Community Harassment ness Directives; The Boeing Company Air- mittee on Commerce, Science, and Transpor- Prevention Second Temporary Amendment planes’’ ((RIN2120–AA64) (Docket No. FAA– tation. Act of 2019’’; to the Committee on Homeland 2019–0188)) received during adjournment of EC–3551. A communication from the Man- Security and Governmental Affairs. EC–3559. A communication from the Chair- the Senate in the Office of the President of agement and Program Analyst, Federal man of the Council of the District of Colum- the Senate on December 13, 2019; to the Com- Aviation Administration, Department of bia, transmitting, pursuant to law, a report mittee on Commerce, Science, and Transpor- Transportation, transmitting, pursuant to on D.C. Act 23–175, ‘‘Fiscal Year 2020 Budget tation. law, the report of a rule entitled ‘‘Airworthi- Support Clarification Temporary Amend- EC–3544. A communication from the Man- ness Directives; De Havilland Aircraft of ment Act of 2019’’; to the Committee on agement and Program Analyst, Federal Canada Limited (Type Certificate Previously Homeland Security and Governmental Af- Aviation Administration, Department of Held by Bombardier, Inc.)’’ ((RIN2120–AA64) fairs. Transportation, transmitting, pursuant to (Docket No. FAA–2019–0479)) received during EC–3560. A communication from the Chair law, the report of a rule entitled ‘‘Airworthi- adjournment of the Senate in the Office of of the Equal Employment Opportunity Com- ness Directives; Airbus SAS Airplanes’’ the President of the Senate on December 13, mission, transmitting, pursuant to law, the ((RIN2120–AA64) (Docket No. FAA–2019–0443)) 2019; to the Committee on Commerce, Commission’s Semiannual Report of the In- received during adjournment of the Senate Science, and Transportation. spector General and the Semiannual Man- in the Office of the President of the Senate EC–3552. A communication from the Man- agement Report for the period from April 1, on December 13, 2019; to the Committee on agement and Program Analyst, Federal 2019 through September 30, 2019; to the Com- Commerce, Science, and Transportation. Aviation Administration, Department of mittee on Homeland Security and Govern- EC–3545. A communication from the Man- Transportation, transmitting, pursuant to mental Affairs. agement and Program Analyst, Federal law, the report of a rule entitled ‘‘Airworthi- EC–3561. A communication from the Direc- Aviation Administration, Department of ness Directives; Saab AB, Saab Aeronautics tor of the Peace Corps, transmitting, pursu- Transportation, transmitting, pursuant to (Formerly Known as Saab AB, Saab ant to law, the Corps’ Agency Financial Re- law, the report of a rule entitled ‘‘Airworthi- Aerosystems) Airplanes’’ ((RIN2120–AA64) port for fiscal year 2019; to the Committee on ness Directives; The Boeing Company Air- (Docket No. FAA–2019–0669)) received during Homeland Security and Governmental Af- planes’’ ((RIN2120–AA64) (Docket No. FAA– adjournment of the Senate in the Office of fairs. 2019–0494)) received during adjournment of the President of the Senate on December 13, EC–3562. A communication from the Assist- the Senate in the Office of the President of 2019; to the Committee on Commerce, ant Attorney General for Administration, the Senate on December 13, 2019; to the Com- Science, and Transportation. Department of Justice, transmitting, pursu- mittee on Commerce, Science, and Transpor- EC–3553. A communication from the Man- ant to law, the Agency Financial Report for tation. agement and Program Analyst, Federal fiscal year 2019; to the Committee on Home- EC–3546. A communication from the Man- Aviation Administration, Department of land Security and Governmental Affairs. agement and Program Analyst, Federal Transportation, transmitting, pursuant to EC–3563. A communication from the Chair- Aviation Administration, Department of law, the report of a rule entitled ‘‘Airworthi- man of the Council of the District of Colum- Transportation, transmitting, pursuant to ness Directives: Airbus SAS Airplanes’’ bia, transmitting, pursuant to law, a report

VerDate Sep 11 2014 05:52 Dec 18, 2019 Jkt 099060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A17DE6.022 S17DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7112 CONGRESSIONAL RECORD — SENATE December 17, 2019 on D.C. Act 23–177, ‘‘Federal Worker Housing a lifetime National Recreational Pass for S. 704. A bill to prioritize the efforts of and Relief Extension Temporary Act of 2019’’; to any veteran with a service-connected dis- enhance coordination among United States the Committee on Homeland Security and ability. agencies to encourage countries in Central Governmental Affairs. By Mr. RISCH, from the Committee on and Eastern Europe to diversify their energy f Foreign Relations, without amendment and sources and supply routes, increase Europe’s with a preamble: energy security, and help the United States REPORTS OF COMMITTEES S. Res. 343. A resolution congratulating the reach its global energy security goals, and people of the Czech Republic and the people for other purposes. The following reports of committees By Ms. MURKOWSKI, from the Committee were submitted: of the Slovak Republic on the 30th anniver- sary of the Velvet Revolution, the 26th anni- on Energy and Natural Resources, with By Mr. WICKER, from the Committee on versary of the formation of the Czech Repub- amendments: Commerce, Science, and Transportation, lic and the Slovak Republic, and the 101st S. 876. A bill to amend the Energy Policy with amendments: anniversary of the declaration of independ- Act of 2005 to require the Secretary of En- S. 553. A bill to direct the Secretary of ence of Czechoslovakia. ergy to establish a program to prepare vet- Commerce to establish a working group to By Mr. RISCH, from the Committee on erans for careers in the energy industry, in- recommend to Congress a definition of Foreign Relations, with an amendment in cluding the solar, wind, cybersecurity, and blockchain technology, and for other pur- the nature of a substitute and with an other low-carbon emissions sectors or zero- poses (Rept. No. 116–177). amended preamble: emissions sectors of the energy industry, and By Mr. WICKER, from the Committee on S. Res. 371. A resolution reaffirming the for other purposes. Commerce, Science, and Transportation, support of the United States for the people of By Mr. RISCH, from the Committee on without amendment: the Republic of South Sudan and calling on Foreign Relations, with an amendment in S. 1228. A bill to amend the Communica- all parties to uphold their commitments to the nature of a substitute: S. 1189. A bill to require the Secretary of tions Act of 1934 to provide for enhanced pen- peace and dialogue as outlined in the 2018 re- State to determine whether the Russian Fed- alties for pirate radio, and for other purposes vitalized peace agreement. eration should be designated as a state spon- (Rept. No. 116–178). By Mr. RISCH, from the Committee on sor of terrorism and whether Russian-spon- By Mr. WICKER, from the Committee on Foreign Relations, without amendment and sored armed entities in Ukraine should be Commerce, Science, and Transportation, with an amended preamble: with amendments: designated as foreign terrorist organizations. S. Res. 375. A resolution recognizing the S. 1310. A bill to strengthen participation S. 1611. A bill to ensure appropriate 75th anniversary of the Warsaw Uprising. prioritization, spectrum planning, and inter- of elected national legislators in the activi- S. Res. 385. A resolution celebrating the ties of the Organization of American States agency coordination to support the Internet 30th anniversary of the fall of the Berlin of Things (Rept. No. 116–179). and reaffirm United States support for Orga- Wall, the reunification of both Germany and nization of American States human rights By Mr. RISCH, from the Committee on Europe, and the spread of democracy around Foreign Relations, with an amendment in and anti-corruption initiatives, and for other the world. purposes. the nature of a substitute: By Ms. MURKOWSKI, from the Committee By Ms. MURKOWSKI, from the Committee S.J. Res. 4. A joint resolution requiring the on Energy and Natural Resources, with an on Energy and Natural Resources, without advice and consent of the Senate or an Act of amendment in the nature of a substitute and amendment: Congress to suspend, terminate, or withdraw an amendment to the title: S. 1739. A bill to enable projects that will the United States from the North Atlantic S. 389. A bill to authorize the Society of aid in the development and delivery of re- Treaty and authorizing related litigation, the First Infantry Division to make modi- lated instruction associated with apprentice- and for other purposes. fications to the First Division Monument lo- ship and preapprenticeship programs that H.R. 133. A bill to promote economic part- cated on Federal land in Presidential Park in are focused on serving the skilled technical nership and cooperation between the United the District of Columbia, and for other pur- workforce at the National Laboratories and States and Mexico. poses. certain facilities of the National Nuclear Se- By Mr. RISCH, from the Committee on By Mr. RISCH, from the Committee on curity Administration, and for other pur- Foreign Relations, with an amendment in Foreign Relations, without amendment and poses . the nature of a substitute and with an with a preamble: By Mr. RISCH, from the Committee on amended preamble: S. Res. 395. A resolution recognizing the Foreign Relations, with an amendment in S. Res. 142. A resolution condemning the 40th anniversary of the Iran Hostage Crisis, the nature of a substitute: Government of the Philippines for its contin- and for other purposes. S. 1830. A bill to enhance the security of ued detention of Senator Leila De Lima, By Ms. MURKOWSKI, from the Committee the United States and its allies, and for calling for her immediate release, and for on Energy and Natural Resources, with an other purposes. other purposes. amendment in the nature of a substitute and By Ms. MURKOWSKI, from the Committee S. Res. 152. A resolution expressing the im- an amendment to the title: on Energy and Natural Resources, with an portance of the United States alliance with S. 434. A bill to provide for a report on the amendment in the nature of a substitute and the Republic of Korea and the contributions maintenance of Federal land holdings under an amendment to the title: of Korean Americans in the United States. the jurisdiction of the Secretary of the Inte- S. 2368. A bill to amend the Atomic Energy By Ms. MURKOWSKI, from the Committee rior. Act of 1954 and the Energy Policy Act of 2005 on Energy and Natural Resources, with an By Mr. RISCH, from the Committee on to support licensing and relicensing of cer- amendment in the nature of a substitute and Foreign Relations, with an amendment in tain nuclear facilities and nuclear energy re- an amendment to the title: the nature of a substitute and with an search, demonstration, and development, and S. 258. A bill to prohibit oil and gas leasing amended preamble: for other purposes. on the National Forest System land in the S. Res. 447. A resolution expressing serious By Ms. MURKOWSKI, from the Committee Ruby Mountains Ranger District located in concern about widespread irregularities in on Energy and Natural Resources, with the Humboldt-Toiyabe National Forest, Elko Bolivia’s October 20, 2019, general elections amendments: S. 2425. A bill to amend the Energy Policy and White Pine Counties, Nevada, and for and supporting the convening of new elec- and Conservation Act to establish the CHP other purposes. tions in Bolivia at the earliest possible date. Technical Assistance Partnership Program, By Mr. RISCH, from the Committee on By Ms. MURKOWSKI, from the Committee Foreign Relations, without amendment and and for other purposes. on Energy and Natural Resources, with an By Ms. MURKOWSKI, from the Committee with a preamble: amendment in the nature of a substitute: on Energy and Natural Resources, with an S. Res. 297. A resolution commending the S. 490. A bill to designate a mountain ridge amendment: Inter-American Foundation (IAF) on the oc- in the State of Montana as ‘‘B–47 Ridge’’ . S. 2508. A bill to require the Secretary of casion of its 50th anniversary for its signifi- S. 526. A bill to withdraw certain Bureau of Energy to establish a council to conduct a cant accomplishments and contributions to Land Management land from mineral devel- survey and analysis of the employment fig- the economic and social development of the opment. ures and demographics in the energy, energy Americas. By Ms. MURKOWSKI, from the Committee efficiency, and motor vehicle sectors of the By Ms. MURKOWSKI, from the Committee on Energy and Natural Resources, without United States, and for other purposes. on Energy and Natural Resources, with an amendment: By Mr. RISCH, from the Committee on amendment in the nature of a substitute and H.R. 617. A bill to authorize the Depart- Foreign Relations, with an amendment in an amendment to the title: ment of Energy to conduct collaborative re- the nature of a substitute: S. 298. A bill to establish the Springfield search with the Department of Veterans Af- S. 2547. A bill to state the policy of the Race Riot National Historic Monument in fairs in order to improve healthcare services United States with respect to the expansion the State of Illinois, and for other purposes. for veterans in the United States, and for of cooperation with allies and partners in the By Ms. MURKOWSKI, from the Committee other purposes. Indo-Pacific region and Europe regarding the on Energy and Natural Resources, with an By Mr. RISCH, from the Committee on People’s Republic of China. amendment in the nature of a substitute: Foreign Relations, with an amendment in By Ms. MURKOWSKI, from the Committee S. 327. A bill to amend the Federal Lands the nature of a substitute and an amendment on Energy and Natural Resources, with an Recreation Enhancement Act to provide for to the title: amendment in the nature of a substitute:

VerDate Sep 11 2014 05:52 Dec 18, 2019 Jkt 099060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A17DE6.023 S17DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 17, 2019 CONGRESSIONAL RECORD — SENATE S7113 S. 2556. A bill to amend the Federal Power S. 3051. A bill to improve protections for S. 3067. A bill to amend title XVIII of the Act to provide energy cybersecurity invest- wildlife, and for other purposes. Social Security Act to combat the opioid cri- ment incentives, to establish a grant and By Mr. ROBERTS, from the Committee on sis by promoting access to non-opioid treat- technical assistance program for cybersecu- Agriculture, Nutrition, and Forestry, with- ments in the hospital outpatient setting; to rity investments, and for other purposes. out amendment: the Committee on Finance. S. 2657. A bill to support innovation in ad- S. 3076. An original bill to release a federal By Mr. GARDNER: vanced geothermal research and develop- reversionary interest in Chester County, S. 3068. A bill to modify the boundary of ment, and for other purposes. Tennessee, to manage certain Federal land the Rocky Mountain National Park, and for S. 2668. A bill to establish a program for re- in Bath County, Virginia. other purposes; to the Committee on Energy search, development, and demonstration of f and Natural Resources. solar energy technologies, and for other pur- By Mr. GARDNER: poses. EXECUTIVE REPORTS OF S. 3069. A bill to authorize the Secretary of By Mr. ALEXANDER, from the Committee COMMITTEES the Interior to correct a land ownership on Health, Education, Labor, and Pensions, The following executive reports of error within the boundary of Rocky Moun- with an amendment in the nature of a sub- nominations were submitted: tain National Park, and for other purposes; stitute: to the Committee on Energy and Natural Re- By Mr. BARRASSO for the Committee on S. 2683. A bill to establish a task force to sources. Environment and Public Works. assist States in implementing hiring require- *Robert J. Feitel, of Maryland, to be In- By Mrs. FEINSTEIN (for herself, Mr. ments for child care staff members to im- spector General, Nuclear Regulatory Com- GRASSLEY, Mr. DURBIN, and Mrs. CAP- prove child safety. mission. ITO): By Ms. MURKOWSKI, from the Committee By Mr. JOHNSON for the Committee on S. 3070. A bill to modify reporting require- on Energy and Natural Resources, with Homeland Security and Governmental Af- ments under the Controlled Substances Act; amendments: fairs. to the Committee on the Judiciary. S. 2688. A bill to amend the Energy Policy *Paul J. Ray, of Tennessee, to be Adminis- By Mr. DURBIN (for himself, Mr. Act of 2005 to establish an Office of Tech- trator of the Office of Information and Regu- BLUMENTHAL, Ms. DUCKWORTH, Mr. nology Transitions, and for other purposes. latory Affairs, Office of Management and LEAHY, Ms. HARRIS, and Mr. BROWN): By Mr. ROBERTS, from the Committee on Budget. S. 3071. A bill to amend the Family and Agriculture, Nutrition, and Forestry, with * Nomination was reported with rec- Medical Leave Act of 1993 and title 5, United amendments: States Code, to permit leave to care for a do- S. 2695. A bill to authorize the Secretary of ommendation that it be confirmed sub- mestic partner, parent-in-law, or adult child, Agriculture to provide for the defense of ject to the nominee’s commitment to or another related individual, who has a seri- United States agriculture and food through respond to requests to appear and tes- ous health condition, and to allow employees the National Bio and Agro-Defense Facility, tify before any duly constituted com- to take, as additional leave, parental in- and for other purposes. mittee of the Senate. volvement and family wellness leave to par- By Ms. MURKOWSKI, from the Committee (Nominations without an asterisk ticipate in or attend their children’s and on Energy and Natural Resources, with an were reported with the recommenda- grandchildren’s educational and extra- amendment in the nature of a substitute: tion that they be confirmed.) curricular activities or meet family care S. 2702. A bill to require the Secretary of needs; to the Committee on Health, Edu- Energy to establish an integrated energy f cation, Labor, and Pensions. systems research, development, and dem- INTRODUCTION OF BILLS AND By Mrs. HYDE–SMITH (for herself, Mr. onstration, and for other purposes. JOINT RESOLUTIONS CRAMER, Mr. WICKER, Mr. INHOFE, Mr. By Ms. MURKOWSKI, from the Committee SCOTT of Florida, Mr. DAINES, Mr. on Energy and Natural Resources, with The following bills and joint resolu- COTTON, Mr. SASSE, Mr. LANKFORD, amendments: tions were introduced, read the first Mr. ROUNDS, and Mr. MORAN): S. 2714. A bill to amend the America COM- and second times by unanimous con- S. 3072. A bill to amend the Federal Food, PETES Act to reauthorize the ARPA–E pro- sent, and referred as indicated: Drug, and Cosmetic Act to prohibit the ap- gram, and for other purposes. By Mr. CASEY: proval of new abortion drugs, to prohibit in- By Mr. RISCH, from the Committee on S. 3062. A bill to amend the Safe Drinking vestigational use exemptions for abortion Foreign Relations, with an amendment in Water Act to repeal a certain exemption for drugs, and to impose additional regulatory the nature of a substitute: hydraulic fracturing, and for other purposes; requirements with respect to previously ap- H.R. 2744. A bill to authorize the Adminis- to the Committee on Environment and Pub- proved abortion drugs, and for other pur- trator of the United States Agency for Inter- lic Works. poses; to the Committee on Health, Edu- national Development to prescribe the man- By Mr. CARDIN: cation, Labor, and Pensions. ner in which programs of the agency are S. 3063. A bill to encourage greater commu- By Mr. CASSIDY (for himself, Mr. identified overseas, and for other purposes. nity accountability of law enforcement agen- TILLIS, and Mr. MENENDEZ): By Ms. MURKOWSKI, from the Committee cies, and for other purposes; to the Com- S. 3073. A bill to require online market- on Energy and Natural Resources, with an mittee on the Judiciary. places to disclose certain verified informa- amendment: By Mr. WICKER: tion regarding seller’s of children’s products S. 2799. A bill to require the Secretary of S. 3064. A bill to oppose violations of reli- to inform consumers; to the Committee on Energy and the Secretary of the Interior to gious freedom in Ukraine by Russia and Commerce, Science, and Transportation. establish a joint Nexus of Energy and Water armed groups commanded by Russia; to the By Ms. DUCKWORTH: Sustainability Office, and for other purposes. Committee on Foreign Relations. S. 3074. A bill to amend the Public Health By Mr. ALEXANDER, from the Committee By Mr. BLUMENTHAL (for himself, Service Act to provide for and support liver on Health, Education, Labor, and Pensions, Mr. WYDEN, Mr. DURBIN, Mr. MARKEY, illness visibility, education, and research, without amendment: Mr. MENENDEZ, Mr. CASEY, Mrs. and for other purposes; to the Committee on S. 2927. A bill to amend the Public Health GILLIBRAND, Mr. BOOKER, Mr. VAN Health, Education, Labor, and Pensions. Service Act to provide that the authority of HOLLEN, Mr. BROWN, Mr. COONS, Ms. By Mr. ROMNEY: the Director of the National Institute on Mi- KLOBUCHAR, Ms. HARRIS, Mr. UDALL, S. 3075. A bill to designate as wilderness nority Health and Health Disparities to Ms. DUCKWORTH, Mrs. MURRAY, Ms. certain National Forest System land in the make certain research endowments applies BALDWIN, Mr. REED, Mr. CARPER, Ms. State of Illinois, and for other purposes; to with respect to both current and former cen- WARREN, and Mr. MURPHY): the Committee on Agriculture, Nutrition, ters of excellence, and for other purposes. S. 3065. A bill to amend the Consumer and Forestry. By Mr. RISCH, from the Committee on Product Safety Act to direct the Consumer By Mr. ROBERTS: Foreign Relations, without amendment: Product Safety Commission to establish con- S. 3076. An original bill to release a federal S. 2977. A bill to extend the termination of sumer product safety standards for firearm reversionary interest in Chester County, sanctions with respect to Venezuela under locks and firearm safes, and for other pur- Tennessee, to manage certain Federal land the Venezuela Defense of Human Rights and poses; to the Committee on Commerce, in Bath County, Virginia; from the Com- Civil Society Act of 2014. Science, and Transportation. mittee on Agriculture, Nutrition, and For- By Mr. ALEXANDER, from the Committee By Ms. ERNST (for herself and Ms. estry; placed on the calendar. on Health, Education, Labor, and Pensions, DUCKWORTH): By Ms. MCSALLY (for herself and Ms. with an amendment in the nature of a sub- S. 3066. A bill to provide for an advisory SINEMA): stitute: committee for the prevention of sexual mis- S. 3077. A bill to provide technical and fi- S. 2997. A bill to revise and extend health conduct in the Coast Guard, and for other nancial support for the completion of the workforce programs under title VII of the purposes; to the Committee on Commerce, Interstate 11 environmental impact state- Public Health Service Act. Science, and Transportation. ment, and for other purposes; to the Com- By Mr. BARRASSO, from the Committee By Mrs. CAPITO (for herself, Mr. mittee on Environment and Public Works. on Environment and Public Works, with an JONES, Ms. ERNST, Mrs. SHAHEEN, and By Mr. GRASSLEY (for himself and amendment in the nature of a substitute: Mr. MANCHIN): Mr. WYDEN):

VerDate Sep 11 2014 05:52 Dec 18, 2019 Jkt 099060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A17DE6.026 S17DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7114 CONGRESSIONAL RECORD — SENATE December 17, 2019 S. 3078. A bill to amend title XVIII of the S. 191 (Mr. BLUNT) was added as a cosponsor Social Security Act to improve the effi- At the request of Mr. BENNET, his of S. 1253, a bill to apply requirements ciency of the Medicare appeals process, and name was added as a cosponsor of S. relating to delivery sales of cigarettes for other purposes; to the Committee on Fi- 191, a bill to direct the Secretary of De- to delivery sales of electronic nicotine nance. fense to include in periodic health as- By Mr. WICKER: delivery systems, and for other pur- S. 3079. A bill to amend title 49, United sessments, separation history and poses. States Code, to provide family and medical physical examinations, and other as- S. 1301 leave to employees of the Federal Aviation sessments an evaluation of whether a At the request of Mr. MERKLEY, the Administration and the Transportation Se- member of the Armed Forces has been name of the Senator from California curity Administration, and for other pur- exposed to open burn pits or toxic air- (Mrs. FEINSTEIN) was added as a co- poses; to the Committee on Commerce, borne chemicals, and for other pur- sponsor of S. 1301, a bill to prohibit the Science, and Transportation. poses. use of the poisons sodium fluoroacetate f S. 430 (known as ‘‘Compound 1080’’) and so- At the request of Mr. CRAPO, the dium cyanide for predator control. SUBMISSION OF CONCURRENT AND name of the Senator from Alaska (Mr. SENATE RESOLUTIONS S. 1394 SULLIVAN) was added as a cosponsor of At the request of Ms. BALDWIN, the The following concurrent resolutions S. 430, a bill to extend the Secure Rural name of the Senator from Michigan and Senate resolutions were read, and Schools and Community Self-Deter- (Mr. PETERS) was added as a cosponsor referred (or acted upon), as indicated: mination Act of 2000. of S. 1394, a bill to provide collective By Mr. SHELBY (for himself and Mr. S. 460 bargaining rights for public safety offi- JONES): At the request of Mr. WARNER, the cers employed by States or their polit- S. Res. 456. A resolution recognizing and name of the Senator from New York ical subdivisions. celebrating the 200th anniversary of the (Mr. SCHUMER) was added as a cospon- S. 1590 entry of Alabama into the Union as the 22d sor of S. 460, a bill to amend the Inter- At the request of Mr. MERKLEY, the State; considered and agreed to. nal Revenue Code of 1986 to extend the name of the Senator from Colorado f exclusion for employer-provided edu- (Mr. BENNET) was added as a cosponsor ADDITIONAL COSPONSORS cation assistance to employer pay- ments of student loans. of S. 1590, a bill to amend the State De- S. 117 partment Basic Authorities Act of 1956 S. 479 to authorize rewards for thwarting At the request of Mr. SCHUMER, the At the request of Mr. TOOMEY, the wildlife trafficking linked to name of the Senator from Michigan names of the Senator from Minnesota transnational organized crime, and for (Mr. PETERS) was added as a cosponsor (Ms. KLOBUCHAR) and the Senator from other purposes. of S. 117, a bill to prohibit discrimina- Alabama (Mr. JONES) were added as co- tion against individuals with disabil- sponsors of S. 479, a bill to revise sec- S. 1627 ities who need long-term services and tion 48 of title 18, United States Code, At the request of Mrs. CAPITO, the supports, and for other purposes. and for other purposes. name of the Senator from Indiana (Mr. YOUNG) was added as a cosponsor of S. S. 120 S. 641 1627, a bill to amend the Internal Rev- At the request of Ms. DUCKWORTH, At the request of Mr. GARDNER, the her name was added as a cosponsor of name of the Senator from Colorado enue Code of 1986 to extend and modify the section 45 credit for refined coal S. 120, a bill to protect victims of (Mr. BENNET) was added as a cosponsor stalking from gun violence. of S. 641, a bill to update the map of, from steel industry fuel, and for other purposes. S. 133 and modify the maximum acreage S. 1657 At the request of Ms. MURKOWSKI, the available for inclusion in, the Yucca At the request of Ms. COLLINS, the names of the Senator from Arizona House National Monument. name of the Senator from Maryland (Ms. MCSALLY) and the Senator from S. 692 (Mr. VAN HOLLEN) was added as a co- West Virginia (Mr. MANCHIN) were At the request of Mr. TOOMEY, the sponsor of S. 1657, a bill to provide as- added as cosponsors of S. 133, a bill to name of the Senator from Massachu- sistance to combat the escalating bur- award a Congressional Gold Medal, col- setts (Mr. MARKEY) was added as a co- den of Lyme disease and other tick and lectively, to the United States mer- sponsor of S. 692, a bill to amend the vector-borne diseases and disorders. chant mariners of World War II, in rec- Internal Revenue Code of 1986 to repeal S. 1700 ognition of their dedicated and vital the excise tax on medical devices. At the request of Mr. KENNEDY, the service during World War II. S. 803 At the request of Mr. TOOMEY, the names of the Senator from New Jersey S. 153 name of the Senator from Georgia (Mr. (Mr. BOOKER) and the Senator from At the request of Mr. RUBIO, the PERDUE) was added as a cosponsor of S. Kentucky (Mr. PAUL) were added as co- name of the Senator from Massachu- 803, a bill to amend the Internal Rev- sponsors of S. 1700, a bill to provide a setts (Ms. WARREN) was added as a co- enue Code of 1986 to restore incentives temporary safe harbor for publishers of sponsor of S. 153, a bill to promote vet- for investments in qualified improve- online content to collectively nego- eran involvement in STEM education, ment property. tiate with dominant online platforms computer science, and scientific re- S. 877 regarding the terms on which content search, and for other purposes. At the request of Mr. SCHUMER, his may be distributed. S. 178 name was added as a cosponsor of S. S. 1757 At the request of Mr. MENENDEZ, the 877, a bill to prohibit the sale of shark At the request of Ms. ERNST, the name of the Senator from Colorado fins, and for other purposes. name of the Senator from Texas (Mr. (Mr. BENNET) was added as a cosponsor S. 1007 CRUZ) was added as a cosponsor of S. of S. 178, a bill to condemn gross At the request of Mr. WARNER, the 1757, a bill to award a Congressional human rights violations of ethnic name of the Senator from New York Gold Medal, collectively, to the United Turkic Muslims in Xinjiang, and call- (Mr. SCHUMER) was added as a cospon- States Army Rangers Veterans of ing for an end to arbitrary detention, sor of S. 1007, a bill to amend the Horse World War II in recognition of their ex- torture, and harassment of these com- Protection Act to designate additional traordinary service during World War munities inside and outside China. unlawful acts under the Act, strength- II. S. 182 en penalties for violations of the Act, S. 1816 At the request of Mr. KENNEDY, the improve Department of Agriculture en- At the request of Ms. DUCKWORTH, name of the Senator from Mississippi forcement of the Act, and for other the name of the Senator from Pennsyl- (Mrs. HYDE-SMITH) was added as a co- purposes. vania (Mr. CASEY) was added as a co- sponsor of S. 182, a bill to prohibit dis- S. 1253 sponsor of S. 1816, a bill to prohibit the crimination against the unborn on the At the request of Mrs. FEINSTEIN, the manufacture for sale, offer for sale, dis- basis of sex, and for other purposes. name of the Senator from Missouri tribution in commerce, or importation

VerDate Sep 11 2014 05:52 Dec 18, 2019 Jkt 099060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A17DE6.030 S17DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 17, 2019 CONGRESSIONAL RECORD — SENATE S7115 into the United States of any crib S. 2627 nomic security strategy, and for other bumper, and for other purposes. At the request of Ms. CORTEZ MASTO, purposes. S. 1989 the name of the Senator from Massa- S. 2869 At the request of Mr. SCOTT of South chusetts (Mr. MARKEY) was added as a At the request of Mr. INHOFE, the Carolina, the name of the Senator from cosponsor of S. 2627, a bill to amend the name of the Senator from Louisiana Delaware (Mr. CARPER) was added as a Internal Revenue Code of 1986 to allow (Mr. KENNEDY) was added as a cospon- cosponsor of S. 1989, a bill to amend an above-the-line deduction for attor- sor of S. 2869, a bill to amend the Immi- title XVIII of the Social Security Act ney fees and costs in connection with gration and Nationality Act to provide to provide for transparency of Medicare civil claim awards. for extensions of detention of certain secondary payer reporting information, S. 2661 aliens ordered removed, and for other and for other purposes. At the request of Mr. GARDNER, the purposes. S. 2001 names of the Senator from Tennessee S. 2898 At the request of Ms. STABENOW, the (Mrs. BLACKBURN) and the Senator At the request of Mr. INHOFE, the names of the Senator from Nevada (Ms. from Wyoming (Mr. BARRASSO) were names of the Senator from Colorado ROSEN), the Senator from Maine (Mr. added as cosponsors of S. 2661, a bill to (Mr. GARDNER) and the Senator from KING) and the Senator from Kansas amend the Communications Act of 1934 New Hampshire (Mrs. SHAHEEN) were (Mr. ROBERTS) were added as cospon- to designate 9–8-8 as the universal tele- added as cosponsors of S. 2898, a bill to sors of S. 2001, a bill to award a Con- phone number for the purpose of the amend title 5, United States Code, to gressional Gold Medal to Willie O’Ree, national suicide prevention and mental provide for a full annuity supplement in recognition of his extraordinary con- health crisis hotline system operating for certain air traffic controllers. tributions and commitment to hockey, through the National Suicide Preven- S. 2920 inclusion, and recreational oppor- tion Lifeline and through the Veterans At the request of Ms. ERNST, the tunity. Crisis Line, and for other purposes. name of the Senator from Louisiana S. 2085 S. 2680 (Mr. KENNEDY) was added as a cospon- At the request of Ms. ROSEN, the At the request of Mr. RUBIO, the sor of S. 2920, a bill to reauthorize the name of the Senator from New Hamp- name of the Senator from West Vir- Violence Against Women Act of 1994, shire (Mrs. SHAHEEN) was added as a co- ginia (Mr. MANCHIN) was added as a co- and for other purposes. sponsor of S. 2085, a bill to authorize sponsor of S. 2680, a bill to impose S. 2941 the Secretary of Education to award sanctions with respect to foreign sup- At the request of Mr. PORTMAN, the grants to eligible entities to carry out port for Palestinian terrorism, and for name of the Senator from Alaska (Mr. educational programs about the Holo- other purposes. SULLIVAN) was added as a cosponsor of caust, and for other purposes. S. 2693 S. 2941, a bill to require the Adminis- S. 2103 At the request of Mr. SCHATZ, the trator of the Environmental Protection At the request of Mr. DURBIN, the name of the Senator from Montana Agency to establish a consumer recy- name of the Senator from Colorado (Mr. TESTER) was added as a cosponsor cling education and outreach grant (Mr. GARDNER) was added as a cospon- of S. 2693, a bill to improve oversight program, and for other purposes. sor of S. 2103, a bill to improve access by the Federal Communications Com- S. 2949 to affordable insulin. mission of the wireless and broadcast At the request of Mrs. FISCHER, the S. 2282 emergency alert systems. name of the Senator from Louisiana At the request of Ms. SMITH, the S. 2754 (Mr. KENNEDY) was added as a cospon- name of the Senator from Arizona (Ms. At the request of Mr. KENNEDY, the sor of S. 2949, a bill to direct the Sec- MCSALLY) was added as a cosponsor of names of the Senator from Mississippi retary of Veterans Affairs to make S. 2282, a bill to amend the McKinney- (Mrs. HYDE-SMITH) and the Senator grants to eligible organizations to pro- Vento Homeless Assistance Act to en- from Maryland (Mr. VAN HOLLEN) were vide service dogs to veterans with se- able Indian Tribes and tribally des- added as cosponsors of S. 2754, a bill to vere post-traumatic stress disorder, ignated housing entities to apply for, create jobs and drive innovation and and for other purposes. receive, and administer grants and sub- economic growth in the United States grants under the Continuum of Care S. 2970 by supporting and promoting the man- Program of the Department of Housing At the request of Ms. ERNST, the ufacture of next-generation tech- and Urban Development. name of the Senator from Michigan nologies, including refrigerants, sol- (Mr. PETERS) was added as a cosponsor S. 2321 vents, fire suppressants, foam blowing of S. 2970, a bill to improve the fielding At the request of Mr. BLUNT, the agents, aerosols, and propellants. of newest generations of personal pro- names of the Senator from Rhode Is- S. 2815 tective equipment to the Armed land (Mr. WHITEHOUSE), the Senator Forces, and for other purposes. from New Mexico (Mr. UDALL), the Sen- At the request of Mr. SCHUMER, the ator from Connecticut (Mr. MURPHY), name of the Senator from Maryland S. 2998 the Senator from Wisconsin (Ms. BALD- (Mr. CARDIN) was added as a cosponsor At the request of Mr. BRAUN, the WIN) and the Senator from Illinois (Mr. of S. 2815, a bill to require the Sec- name of the Senator from Oklahoma DURBIN) were added as cosponsors of S. retary of the Treasury to mint coins in (Mr. INHOFE) was added as a cosponsor 2321, a bill to require the Secretary of commemoration of the National Purple of S. 2998, a bill to amend the Internal the Treasury to mint a coin in com- Heart Honor Mission. Revenue Code of 1986 to clarify that memoration of the 100th anniversary of S. 2821 payment of taxes on deferred foreign the establishment of Negro Leagues At the request of Ms. DUCKWORTH, income in installments shall not pre- baseball. the name of the Senator from New vent credit or refund of overpayments S. 2570 Hampshire (Mrs. SHAHEEN) was added or increase estimated taxes. At the request of Ms. SINEMA, the as a cosponsor of S. 2821, a bill to S. 3004 names of the Senator from Wyoming amend title 38, United States Code, to At the request of Mr. MARKEY, the (Mr. ENZI), the Senator from Oregon direct the Secretary of Veterans Af- names of the Senator from New Jersey (Mr. MERKLEY), the Senator from Or- fairs to allow a veteran to receive a full (Mr. BOOKER) and the Senator from egon (Mr. WYDEN) and the Senator year supply of contraceptive pills, Minnesota (Ms. SMITH) were added as from New Hampshire (Ms. HASSAN) transdermal patches, and vaginal rings, cosponsors of S. 3004, a bill to protect were added as cosponsors of S. 2570, a and for other purposes. human rights and enhance opportuni- bill to award a Congressional Gold S. 2826 ties for LGBTI people around the Medal to Greg LeMond in recognition At the request of Mr. YOUNG, the world, and for other purposes. of his service to the United States as name of the Senator from Rhode Island S. 3029 an athlete, activist, role model, and (Mr. REED) was added as a cosponsor of At the request of Mr. MENENDEZ, the community leader. S. 2826, a bill to require a global eco- name of the Senator from New York

VerDate Sep 11 2014 05:52 Dec 18, 2019 Jkt 099060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A17DE6.032 S17DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7116 CONGRESSIONAL RECORD — SENATE December 17, 2019 (Mr. SCHUMER) was added as a cospon- Millions of pills flooded small com- on a quarterly basis, manufacturers sor of S. 3029, a bill to amend titles munities throughout the Nation to fuel often input the data monthly, while XVIII and XIX of the Social Security the opioid epidemic we are facing distributors do so quarterly. This Act to make premium and cost-sharing today. means that when the DEA provides the subsidies available to low-income Despite the fact that opioid manufac- quarterly reports that drug manufac- Medicare part D beneficiaries who re- turers and distributors were required turers and distributors must use to de- side in Puerto Rico or another terri- to keep complete and accurate records termine whether orders are suspicious, tory of the United States. relating to the sale, delivery, or dis- they don’t have the most up to date in- S. 3031 posal of opioids through the Auto- formation. Our legislation addresses At the request of Mr. COTTON, the mated Reports and Consolidated Order- this problem by requiring all reg- name of the Senator from Florida (Mr. ing System, often referred to as istrants to input data on a monthly SCOTT) was added as a cosponsor of S. ARCOS, and to detect and disclose sus- basis. 3031, a bill to amend the Immigration picious orders of opioids to the Drug Second, the database only captures and Nationality Act to add member- Enforcement Administration (DEA), information for Schedule I and II ship in a significant transnational these substances still reached our drugs. As a result, addictive drugs in criminal organization to the list of streets. other schedules, which are also di- That is why my colleagues and I pre- grounds of inadmissibility and to pro- verted, are not captured. This includes viously introduced the ‘‘Using Data to hibit the provision of material support nine combination opioid products. Prevent Opioid Diversion Act,’’ which or resources to such organizations. For this reason, our legislation ex- was enacted as part of the ‘‘SUPPORT pands the reporting requirements to in- S. 3043 Act’’ in 2018. As a result of that law, clude controlled substances in all At the request of Mr. INHOFE, the DEA is now required to provide to schedules. Our legislation also closes name of the Senator from North Caro- opioid manufacturers and distributors an existing loophole. lina (Mr. BURR) was added as a cospon- anonymized information related to the The DEA has informed my staff that, sor of S. 3043, a bill to modernize train- number of distributors serving a single under current law, one pharmacy is ing programs at aviation maintenance pharmacy or practitioner, and the able to transfer up to five percent of its technician schools, and for other pur- quantity and type of opioids being de- inventory of controlled substances to poses. livered to each. another pharmacy without having to S. 3051 This information, coupied with the immediately report to the DEA. At the request of Mr. BARRASSO, the internal controls that these companies Because these transfers are not auto- names of the Senator from Oklahoma already use in their efforts to deter- matically reported to the DEA through (Mr. INHOFE) and the Senator from Ar- mine the legitimacy of opioid orders, is the ARCOS system, it creates a blind kansas (Mr. BOOZMAN) were added as assisting manufacturers and distribu- spot for the DEA, as well as for drug cosponsors of S. 3051, a bill to improve tors in their efforts to better prevent manufacturers and distributors who protections for wildlife, and for other these substances from being diverted to are required to consider data from the purposes. someone other than the intended re- anonymized reports generated from the S. 3056 cipient who has a lawful prescription. ARCOS database when determining At the request of Mr. DURBIN, the That law also strengthened account- whether an order for controlled sub- names of the Senator from Nevada (Ms. ability by establishing civil and crimi- stances is suspicious. ROSEN) and the Senator from Vermont nal fines for drug manufacturers and Moreover, because pharmacies are (Mr. LEAHY) were added as cosponsors distributors who fail to consider not currently required to check the of S. 3056, a bill to designate as wilder- ARCOS data when determining wheth- ARCOS reports provided by DEA before ness certain Federal portions of the red er an order for opioids is suspicious. transferring a controlled substance to rock canyons of the Colorado Plateau Additionally, it increased existing civil another pharmacy, they could be inad- and the Great Basin Deserts in the fines for drug manufacturers and dis- vertently supplying a pharmacy with State of Utah for the benefit of present tributors who fail to report suspicious excess amounts of pills that could eas- and future generations of people in the orders and keep accurate records ten- ily end up on the black market. United States. fold, and doubled existing criminal That is why our legislation applies fines. S. RES. 343 the same reporting requirements and Finally, our legislation required the penalties to pharmacies transferring At the request of Mrs. SHAHEEN, the United States Attorney General to names of the Senator from Idaho (Mr. controlled substances, except in the share standardized reports with state limited circumstance of a transfer RISCH) and the Senator from West Vir- officials, including regulatory, licens- made for a specific patient need, as ginia (Mr. MANCHIN) were added as co- ing, attorneys general, and law en- those that are applied to drug manu- sponsors of S. Res. 343, a resolution forcement agencies, related to the dis- congratulating the people of the Czech facturers and distributors. tribution patterns collected by the In 2018, we lost almost 70,000 individ- Republic and the people of the Slovak ARCOS database on a semi-annual uals to drug overdose deaths in our Republic on the 30th anniversary of the basis. country. Nearly 48,000 of these were Velvet Revolution, the 26th anniver- This law has ensured that opioid opioid-related. sary of the formation of the Czech Re- manufacturers and distributors have a Drug manufacturers, distributors, public and the Slovak Republic, and clear picture of how many pills are and pharmacies all play a critical role the 101st anniversary of the declaration going to each pharmacy, thereby help- in preventing future overdose deaths. of independence of Czechoslovakia. ing to eradicate pill mills. The ‘‘Using Data to Prevent Opioid f To strengthen this law, my col- Diversion Act’’ has been successful. leagues and I are introducing the ‘‘Pre- The ‘‘Preventing Pill Mills Through STATEMENTS ON INTRODUCED venting Pill Mills Through Data Shar- BILLS AND JOINT RESOLUTIONS Data Sharing Act’’ builds on that suc- ing Act.’’ This new legislation is large- cess and will close existing loopholes in By Mrs. FEINSTEIN (for herself, ly based on recommendations included order reduce the diversion of controlled Mr. GRASSLEY, Mr. DURBIN, and in the October 2019 U.S. Department of substances that are contributing to the Mrs. CAPITO): Justice (DOJ) Office of the Inspector massive number of overdose deaths in S. 3070. A bill to modify reporting re- General (OIG) report related to the the United States. quirements under the Controlled Sub- DEA’s response to the opioid epidemic. I urge my colleagues to support this stances Act; to the Committee on the In that report, the DOJ OIG noted legislation and look forward to its pas- Judiciary. two shortcomings associated with the sage. Mrs. FEINSTEIN. Mr. President, I ARCOS system. First, not all reg- Thank you, Mr. President. I yield the rise with my colleagues, Senators istrants input data into the ARCOS floor. GRASSLEY, CAPITO, and DURBIN to in- system at the same intervals. troduce the Preventing Pill Mills While both opioid manufacturers and By Mr. DURBIN (for himself, Mr. Through Data Sharing Act. distributors are required to input data BLUMENTHAL, Ms. DUCKWORTH,

VerDate Sep 11 2014 05:52 Dec 18, 2019 Jkt 099060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A17DE6.035 S17DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 17, 2019 CONGRESSIONAL RECORD — SENATE S7117 Mr. LEAHY, Ms. HARRIS, and Mr. used with respect to an employee, mean any (i) in the matter preceding subparagraph BROWN): person who is a spouse or domestic partner (A), by inserting ‘‘, or domestic partners,’’ S. 3071. A bill to amend the Family of a son or daughter, as the case may be, of after ‘‘husband and wife’’; and and Medical Leave Act of 1993 and title the employee. (ii) in subparagraph (B), by inserting ‘‘or 5, United States Code, to permit leave ‘‘(28) UNCLE; AUNT.—The terms ‘uncle’ and parent-in-law’’ after ‘‘parent’’; and ‘aunt’, used with respect to an employee, (B) in paragraph (2), by inserting ‘‘, or to care for a domestic partner, parent- mean the son or daughter, as the case may those domestic partners,’’ after ‘‘husband in-law, or adult child, or another re- be, of the employee’s grandparent (other and wife’’ each place it appears. lated individual, who has a serious than the employee’s parent).’’. (c) CERTIFICATION.—Section 103 of the Fam- health condition, and to allow employ- (2) INCLUSION OF ADULT CHILDREN AND CHIL- ily and Medical Leave Act of 1993 (29 U.S.C. ees to take, as additional leave, paren- DREN OF A DOMESTIC PARTNER.—Section tal involvement and family wellness 101(12) of such Act (29 U.S.C. 2611(12)) is 2613) is amended— amended— (1) in subsection (a), by striking ‘‘son, leave to participate in or attend their daughter, spouse, or parent of the employee, children’s and grandchildren’s edu- (A) by inserting ‘‘a child of an individual’s domestic partner,’’ after ‘‘a legal ward,’’; and or of the next of kin of an individual in the cational and extracurricular activities (B) by striking ‘‘who is—’’ and all that fol- case of leave taken under such paragraph (3), or meet family care needs; to the Com- lows and inserting ‘‘and includes an adult as appropriate’’ and inserting ‘‘son or daugh- mittee on Health, Education, Labor, child.’’. ter, son-in-law, daughter-in-law, spouse or domestic partner, parent, parent-in-law, and Pensions. (b) LEAVE REQUIREMENT.—Section 102 of grandparent, grandchild, sibling, uncle or Mr. DURBIN. Mr. President, I ask the Family and Medical Leave Act of 1993 (29 aunt, or nephew or niece of the employee, or unanimous consent that the text of the U.S.C. 2612) is amended— bill be printed in the RECORD. (1) in subsection (a)— the next of kin of an individual, or any other There being no objection, the text of (A) in paragraph (1)— individual related by blood or affinity whose the bill was ordered to be printed in (i) in subparagraph (C), by striking close association is the equivalent of a fam- ‘‘spouse, or a son, daughter, or parent, of the ily relationship with the employee, as appro- the RECORD, as follows: priate’’; and S. 3071 employee, if such spouse, son, daughter, or parent’’ and inserting ‘‘spouse or domestic (2) in subsection (b)— Be it enacted by the Senate and House of Rep- partner, or a son or daughter, son-in-law, (A) in paragraph (4)(A), by striking ‘‘son, resentatives of the United States of America in daughter-in-law, parent, parent-in-law, daughter, spouse, or parent and an estimate Congress assembled, grandparent, grandchild, sibling, uncle or of the amount of time that such employee is SECTION 1. SHORT TITLE. aunt, or nephew or niece of the employee, or needed to care for the son, daughter, spouse, This Act may be cited as the ‘‘Family Med- any other individual related by blood or af- or parent’’ and inserting ‘‘son or daughter, ical Leave Modernization Act’’. finity whose close association is the equiva- son-in-law, daughter-in-law, spouse or do- SEC. 2. LEAVE TO CARE FOR A DOMESTIC PART- lent of a family relationship with the em- mestic partner, parent, parent-in-law, grand- NER, SON-IN-LAW, DAUGHTER-IN- ployee, if such spouse, domestic partner, son parent, grandchild, sibling, uncle or aunt, or LAW, PARENT-IN-LAW, ADULT CHILD, nephew or niece of the employee, or any GRANDPARENT, GRANDCHILD, OR or daughter, son-in-law, daughter-in-law, SIBLING OF THE EMPLOYEE, OR AN- parent, parent-in-law, grandparent, grand- other individual related by blood or affinity OTHER RELATED INDIVIDUAL. child, sibling, uncle or aunt, or nephew or whose close association is the equivalent of a (a) DEFINITIONS.— niece, or such other individual’’; and family relationship with the employee, as (1) INCLUSION OF RELATED INDIVIDUALS.— (ii) in subparagraph (E), by striking appropriate, and an estimate of the amount Section 101 of such Act is further amended ‘‘spouse, or a son, daughter, or parent of the of time that such employee is needed to care by adding at the end the following: employee’’ and inserting ‘‘spouse or domestic for such son or daughter, son-in-law, daugh- ‘‘(20) ANY OTHER INDIVIDUAL RELATED BY partner, or a son or daughter, son-in-law, ter-in-law, spouse or domestic partner, par- BLOOD OR AFFINITY WHOSE CLOSE ASSOCIATION daughter-in-law, parent, parent-in-law, ent, parent-in-law, grandparent, grandchild, IS THE EQUIVALENT OF A FAMILY RELATION- grandchild, sibling, uncle or aunt, or nephew sibling, uncle or aunt, or nephew or niece, or SHIP.—The term ‘any other individual re- or niece of the employee, or any other indi- such other individual’’; and lated by blood or affinity whose close asso- vidual related by blood or affinity whose (B) in paragraph (7), by striking ‘‘son, ciation is the equivalent of a family rela- close association is the equivalent of a fam- daughter, parent, or spouse who has a serious tionship’, used with respect to an employee, ily relationship with the employee’’; and health condition, or will assist in their re- means any person with whom the employee (B) in paragraph (3), by striking ‘‘spouse, covery,’’ and inserting ‘‘son or daughter, son- has a significant personal bond that is or is son, daughter, parent, or next of kin of a in-law, daughter-in-law, spouse or domestic like a family relationship, regardless of bio- covered servicemember’’ and inserting partner, parent, parent-in-law, grandparent, logical or legal relationship. ‘‘spouse or domestic partner, son or daugh- grandchild, sibling, uncle or aunt, or nephew ‘‘(21) DOMESTIC PARTNER.—The term ‘do- ter, son-in-law, daughter-in-law, parent, par- or niece, with a serious health condition, of mestic partner’, used with respect to an em- ent-in-law, grandparent, sibling, uncle or the employee, or an individual, with a seri- ployee, means— aunt, nephew or niece, or next of kin of a ous health condition, who is any other indi- ‘‘(A) the person recognized as the domestic covered servicemember, or any other indi- vidual related by blood or affinity whose partner of the employee under any domestic vidual related by blood or affinity whose close association is the equivalent of a fam- partnership or civil union law of a State or close association is the equivalent of a fam- ily relationship with the employee, as appro- political subdivision of a State; or ily relationship with the covered service- priate, or will assist in the recovery,’’. ‘‘(B) in the case of an unmarried employee, member’’; (d) EMPLOYMENT AND BENEFITS PROTEC- an unmarried adult person who is in a com- (2) in subsection (e)— TION.—Section 104(c)(3) of the Family and mitted, personal relationship with the em- (A) in paragraph (2)(A), by striking ‘‘son, ployee, is not a domestic partner as de- daughter, spouse, parent, or covered service- Medical Leave Act of 1993 (29 U.S.C. scribed in subparagraph (A) to or in such a member of the employee, as appropriate’’ 2614(c)(3)) is amended— relationship with any other person, and who and inserting ‘‘son or daughter, son-in-law, (1) in subparagraph (A)(i), by striking ‘‘son, is designated to the employer by such em- daughter-in-law, spouse or domestic partner, daughter, spouse, or parent of the employee, ployee as that employee’s domestic partner. parent, parent-in-law, grandparent, grand- as appropriate,’’ and inserting ‘‘son or ‘‘(22) GRANDCHILD.—The term ‘grandchild’ child, sibling, uncle or aunt, nephew or daughter, son-in-law, daughter-in-law, means the son or daughter of an employee’s niece, or covered servicemember of the em- spouse or domestic partner, parent, parent- son or daughter. ployee, or any other individual related by in-law, grandparent, grandchild, sibling, ‘‘(23) GRANDPARENT.—The term ‘grand- blood or affinity whose close association is uncle or aunt, or nephew or niece of the em- parent’ means a parent of a parent of an em- the equivalent of a family relationship with ployee, or any other individual related by ployee. the employee, as appropriate’’; and blood or affinity whose close association is ‘‘(24) NEPHEW; NIECE.—The terms ‘nephew’ (B) in paragraph (3), by striking ‘‘spouse, the equivalent of a family relationship with and ‘niece’, used with respect to an em- or a son, daughter, or parent, of the em- the employee, as appropriate,’’; and ployee, mean a son or daughter of the em- ployee’’ and inserting ‘‘spouse or domestic (2) in subparagraph (C)(ii), by striking ployee’s sibling. partner, or a son or daughter, son-in-law, ‘‘son, daughter, spouse, or parent’’ and in- ‘‘(25) PARENT-IN-LAW.—The term ‘parent-in- daughter-in-law, parent, parent-in-law, serting ‘‘employee’s son or daughter, son-in- law’ means a parent of the spouse or domes- grandchild, sibling, uncle or aunt, or nephew law, daughter-in-law, spouse or domestic tic partner of an employee. or niece of the employee, or any other indi- partner, parent, parent-in-law, grandparent, ‘‘(26) SIBLING.—The term ‘sibling’ means vidual related by blood or affinity whose grandchild, sibling, uncle or aunt, or nephew any person who is a son or daughter of an close association is the equivalent of a fam- or niece, or (with relation to the employee) employee’s parent (other than the em- ily relationship with the employee, as appro- any other individual related by blood or af- ployee). priate,’’; and finity whose close association is the equiva- ‘‘(27) SON-IN-LAW; DAUGHTER-IN-LAW.—The (3) in subsection (f)— lent of a family relationship, as appro- terms ‘son-in-law’ and ‘daughter-in-law’, (A) in paragraph (1)— priate,’’.

VerDate Sep 11 2014 05:52 Dec 18, 2019 Jkt 099060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A17DE6.015 S17DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7118 CONGRESSIONAL RECORD — SENATE December 17, 2019 SEC. 3. LEAVE TO CARE FOR A DOMESTIC PART- daughter-in-law, parent, parent-in-law, uncle or aunt, or nephew or niece, or such NER, SON-IN-LAW, DAUGHTER-IN- grandparent, grandchild, sibling, uncle or other individual’’. LAW, PARENT-IN-LAW, ADULT CHILD, aunt, or nephew or niece of the employee, or SEC. 4. ENTITLEMENT TO ADDITIONAL LEAVE GRANDPARENT, GRANDCHILD, OR any other individual related by blood or af- UNDER THE FMLA FOR PARENTAL SIBLING OF THE EMPLOYEE, OR AN- INVOLVEMENT AND FAMILY OTHER RELATED INDIVIDUAL FOR finity whose close association with the em- WELLNESS. FEDERAL EMPLOYEES. ployee is the equivalent of a family relation- ship, if such spouse, domestic partner, son or (a) LEAVE REQUIREMENT.—Section 102(a) of (a) DEFINITIONS.— the Family and Medical Leave Act of 1993 (29 (1) INCLUSION OF A DOMESTIC PARTNER, SON- daughter, son-in-law, daughter-in-law, par- ent, parent-in-law, grandparent, grandchild, U.S.C. 2612(a)), as amended by section 2(b), is IN-LAW, DAUGHTER-IN-LAW, PARENT-IN-LAW, further amended— ADULT CHILD, GRANDPARENT, GRANDCHILD, OR sibling, uncle or aunt, or nephew or niece, or such other individual’’; and (1) by redesignating paragraph (5) as para- SIBLING OF THE EMPLOYEE, OR ANOTHER INDI- (ii) in subparagraph (E), by striking graph (6); and VIDUAL RELATED BY BLOOD OR AFFINITY.—Sec- ‘‘spouse, or a son, daughter, or parent of the (2) by inserting after paragraph (4) the fol- tion 6381 of title 5, United States Code, is lowing new paragraph: amended— employee’’ and inserting ‘‘spouse or domestic partner, or a son or daughter, son-in-law, ‘‘(5) ENTITLEMENT TO ADDITIONAL LEAVE FOR (A) in paragraph (11) by striking ‘‘; and’’ PARENTAL INVOLVEMENT AND FAMILY and inserting a semicolon; daughter-in-law, parent, parent-in-law, grandchild, sibling, uncle or aunt, or nephew WELLNESS.— (B) in paragraph (12), by striking the pe- or niece of the employee, or any other indi- ‘‘(A) IN GENERAL.—Subject to subparagraph riod and inserting a semicolon; and vidual related by blood or affinity whose (B) and section 103(g), an eligible employee (C) by adding at the end the following: close association is the equivalent of a fam- shall be entitled to leave under this para- ‘‘(13) the term ‘any other individual related ily relationship with the employee’’; and graph to— by blood or affinity whose close association (B) in paragraph (3), by striking ‘‘spouse, ‘‘(i) participate in or attend an activity is the equivalent of a family relationship’, son, daughter, parent, or next of kin of a that is sponsored by a school or community used with respect to an employee, means any covered servicemember’’ and inserting organization and relates to a program of the person with whom the employee has a sig- ‘‘spouse or domestic partner, son or daugh- school or organization that is attended by a nificant personal bond that is or is like a ter, son-in-law, daughter-in-law, parent, par- son or daughter or a grandchild of the em- family relationship, regardless of biological ent-in-law, grandparent, sibling, uncle or ployee; or or legal relationship; aunt, nephew or niece, or next of kin of a ‘‘(ii) meet routine family medical care ‘‘(14) the term ‘domestic partner’, used covered servicemember, or any other indi- needs (including by attending medical and with respect to an employee, means— vidual related by blood or affinity whose dental appointments of the employee or a ‘‘(A) the person recognized as the domestic close association is the equivalent of a fam- son or daughter, spouse, or grandchild of the partner of the employee under any domestic ily relationship with the covered service- employee) or attend to the care needs of an partnership or civil union law of a State or member’’; and elderly individual who is related to the em- political subdivision of a State; or (2) in subsection (e)— ployee through a relationship described in ‘‘(B) in the case of an unmarried employee, (A) in paragraph (2)(A), by striking ‘‘son, section 102(a) (including by making visits to an unmarried adult person who is in a com- daughter, spouse, parent, or covered service- nursing homes or group homes). mitted, personal relationship with the em- member of the employee, as appropriate’’ ‘‘(B) LIMITATIONS.— ployee, is not a domestic partner as de- and inserting ‘‘son or daughter, son-in-law, ‘‘(i) IN GENERAL.—An eligible employee scribed in subparagraph (A) or in such a rela- daughter-in-law, spouse or domestic partner, shall be entitled to— tionship with any other person, and who is parent, parent-in-law, grandparent, grand- ‘‘(I) not to exceed 4 hours of leave under designated to the employing agency by such child, sibling, uncle or aunt, nephew or this paragraph during any 30-day period; and employee as that employee’s domestic part- niece, or covered servicemember of the em- ‘‘(II) not to exceed 24 hours of leave under ner; ployee, or any other individual related by this paragraph during any 12-month period ‘‘(15) the term ‘grandchild’ means the son blood or affinity whose close association is described in paragraph (4). or daughter of an employee’s son or daugh- the equivalent of a family relationship with ‘‘(ii) COORDINATION RULE.—Leave under this ter; the employee, as appropriate’’; and paragraph shall be in addition to any leave ‘‘(16) the term ‘grandparent’ means a par- (B) in paragraph (3), by striking ‘‘spouse, provided under any other paragraph of this ent of a parent of an employee; or a son, daughter, or parent, of the em- subsection. ‘‘(17) the terms ‘nephew’ and ‘niece’, used ployee’’ and inserting ‘‘spouse or domestic ‘‘(C) DEFINITIONS.—As used in this para- with respect to an employee, mean a son or partner, or a son or daughter, son-in-law, graph: daughter of the employee’s sibling; daughter-in-law, parent, parent-in-law, ‘‘(i) COMMUNITY ORGANIZATION.—The term ‘‘(18) the term ‘parent-in-law’ means a par- grandchild, sibling, uncle or aunt, or nephew ‘community organization’ means a private ent of the spouse or domestic partner of an or niece of the employee, or any other indi- nonprofit organization that is representative employee; vidual related by blood or affinity whose of a community or a significant segment of ‘‘(19) the term ‘sibling’ means any person close association is the equivalent of a fam- a community and provides activities for in- who is a son or daughter of an employee’s ily relationship with the employee, as appro- dividuals described in section 101(12), such as parent (other than the employee); priate,’’. a scouting or sports organization. ‘‘(20) the terms ‘son-in-law’ and ‘daughter- (c) CERTIFICATION.—Section 6383 of title 5, ‘‘(ii) SCHOOL.—The term ‘school’ means an in-law’, used with respect to an employee, United States Code, is amended— elementary school or secondary school (as mean any person who is a spouse or domestic (1) in subsection (a), by striking ‘‘son, such terms are defined in section 8101 of the partner of a son or daughter, as the case may daughter, spouse, or parent of the employee, Elementary and Secondary Education Act of be, of the employee; as appropriate’’ and inserting ‘‘son or daugh- 1965 (20 U.S.C. 7801)), a Head Start program ‘‘(21) the term ‘State’ has the same mean- ter, son-in-law, daughter-in-law, spouse or assisted under the Head Start Act (42 U.S.C. ing given the term in section 3 of the Fair domestic partner, parent, parent-in-law, 9831 et seq.), and a child care facility li- Labor Standards Act of 1938 (29 U.S.C. 203); grandparent, grandchild, sibling, uncle or censed under State law.’’. and aunt, or nephew or niece of the employee, or (b) SCHEDULE.—Section 102(b)(1) of such ‘‘(22) the terms ‘uncle’ and ‘aunt’, used any other individual related by blood or af- Act (29 U.S.C. 2612(b)(1)) is amended by in- with respect to an employee, mean the son finity whose close association is the equiva- serting after the third sentence the following or daughter, as the case may be, of the em- lent of a family relationship with the em- new sentence: ‘‘Subject to subsection (e)(4) ployee’s grandparent (other than the em- ployee, as appropriate’’; and and section 103(g), leave under subsection ployee’s parent).’’. (2) in subsection (b)(4)(A), by striking ‘‘son, (a)(5) may be taken intermittently or on a (2) INCLUSION OF ADULT CHILDREN AND CHIL- daughter, spouse, or parent, and an estimate reduced leave schedule.’’. DREN OF A DOMESTIC PARTNER.—Section of the amount of time that such employee is (c) SUBSTITUTION OF PAID LEAVE.—Section 6381(6) of such title is amended— needed to care for such son, daughter, 102(d)(2) of such Act (29 U.S.C. 2612(d)(2)) is (A) by inserting ‘‘a child of an individual’s spouse, or parent’’ and inserting ‘‘son or amended by adding at the end the following domestic partner,’’ after ‘‘a legal ward,’’; and daughter, son-in-law, daughter-in-law, new subparagraph: (B) by striking ‘‘who is—’’ and all that fol- spouse or domestic partner, parent, parent- ‘‘(C) PARENTAL INVOLVEMENT LEAVE AND lows and inserting ‘‘and includes an adult in-law, grandparent, grandchild, sibling, FAMILY WELLNESS LEAVE.— child’’. uncle or aunt, or nephew or niece of the em- ‘‘(i) VACATION LEAVE; PERSONAL LEAVE; (b) LEAVE REQUIREMENT.—Section 6382 of ployee, or any other individual related by FAMILY LEAVE.—An eligible employee may title 5, United States Code, is amended— blood or affinity whose close association is elect, or an employer may require the em- (1) in subsection (a)— the equivalent of a family relationship with ployee, to substitute any of the accrued paid (A) in paragraph (1)— the employee, as appropriate, and an esti- vacation leave, personal leave, or family (i) in subparagraph (C), by striking mate of the amount of time that such em- leave of the employee for any part of the pe- ‘‘spouse, or a son, daughter, or parent, of the ployee is needed to care for such son or riod of leave under subsection (a)(5). employee, if such spouse, son, daughter, or daughter, son-in-law, daughter-in-law, ‘‘(ii) MEDICAL OR SICK LEAVE.—An eligible parent’’ and inserting ‘‘spouse or domestic spouse or domestic partner, parent, parent- employee may elect, or an employer may re- partner, or a son or daughter, son-in-law, in-law, grandparent, grandchild, sibling, quire the employee, to substitute any of the

VerDate Sep 11 2014 05:52 Dec 18, 2019 Jkt 099060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A17DE6.015 S17DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 17, 2019 CONGRESSIONAL RECORD — SENATE S7119 accrued paid medical or sick leave of the em- vides activities for individuals described in Whereas by 1819, the birth and growth of ployee for any part of the period of leave pro- section 6381(6), such as a scouting or sports cities, towns, and communities in the Ala- vided under clause (ii) of subsection (a)(5)(A), organization; and bama Territory ensured that the population except that nothing in this title shall require ‘‘(ii) the term ‘school’ means an elemen- of the Alabama Territory had developed suf- an employer to provide paid sick leave or tary school or secondary school (as such ficiently to achieve the minimum number of paid medical leave in any situation in which terms are defined in section 8101 of the Ele- inhabitants required by Congress to qualify such employer would not normally provide mentary and Secondary Education Act of for statehood; any such paid leave. 1965 (20 U.S.C. 7801)), a Head Start program Whereas Congress and President James ‘‘(iii) PROHIBITION ON RESTRICTIONS AND assisted under the Head Start Act (42 U.S.C. Monroe approved statehood for the Alabama LIMITATIONS.—If the employee elects or the 9831 et seq.), and a child care facility li- Territory on December 14, 1819, making Ala- employer requires the substitution of ac- censed under State law.’’. bama the 22d State of the United States; crued paid leave for leave under subsection (b) SCHEDULE.—Section 6382(b)(1) of such Whereas December 14, 2019, marks the (a)(5), the employer shall not restrict or title is amended— 200th anniversary of the attainment of state- limit the leave that may be substituted or (1) by inserting after the third sentence the hood by Alabama; and impose any additional terms and conditions following new sentence: ‘‘Subject to sub- Whereas that bicentennial is a monu- on the substitution of such leave that are section (e)(4) and section 6383(f), leave under mental occasion to celebrate and commemo- more stringent for the employee than the subsection (a)(5) may be taken intermit- rate the achievements of the great State of terms and conditions set forth in this Act.’’. tently or on a reduced leave schedule.’’; and Alabama: Now, therefore, be it (d) NOTICE.—Section 102(e) of such Act (29 (2) in the last sentence, by striking ‘‘in- Resolved, That the Senate recognizes and U.S.C. 2612(e)), as amended by section 2(b), is volved,’’ and inserting ‘‘involved (or, in the celebrates the 200th anniversary of the entry further amended by adding at the end the case of leave under subsection (a)(5), for pur- of Alabama into the Union as the 22d State. following new paragraph: poses of the 30-day or 12-month period in- -SUBFORMAT: ‘‘(4) NOTICE RELATING TO PARENTAL IN- volved),’’. f VOLVEMENT AND FAMILY WELLNESS LEAVE.—In (c) SUBSTITUTION OF PAID LEAVE.—Section any case in which an employee requests 6382(d) of such title is amended— AMENDMENTS SUBMITTED AND leave under paragraph (5) of subsection (a), (1) by inserting ‘‘(1)’’ after the subsection PROPOSED the employee shall— designation; and SA 1258. Mr. MCCONNELL proposed an (2) by adding at the end the following: ‘‘(A) provide the employer with not less amendment to the bill H.R. 1865, to require ‘‘(2) An employee may elect, or an em- than 7 days’ notice, or (if such notice is im- the Secretary of the Treasury to mint a coin ployer may require the employee, to sub- practicable) such notice as is practicable, be- in commemoration of the opening of the Na- stitute for any part of the period of leave fore the date the leave is to begin, of the em- tional Law Enforcement Museum in the Dis- under subsection (a)(5), any of the employ- ployee’s intention to take leave under such trict of Columbia, and for other purposes. ee’s accrued or accumulated annual or sick paragraph; and SA 1259. Mr. MCCONNELL proposed an leave under subchapter I. If the employee ‘‘(B) in the case of leave to be taken under amendment to amendment SA 1258 proposed elects or the employer requires the substi- subsection (a)(5)(A)(ii), make a reasonable ef- by Mr. MCCONNELL to the bill H.R. 1865, tution of that accrued or accumulated an- fort to schedule the activity or care involved supra. nual or sick leave for leave under subsection so as not to disrupt unduly the operations of SA 1260. Mr. MCCONNELL proposed an the employer, subject to the approval of the (a)(5), the employing agency shall not re- amendment to the bill H.R. 1865, supra. health care provider involved (if any).’’. strict or limit the leave that may be sub- SA 1261. Mr. MCCONNELL proposed an (e) CERTIFICATION.—Section 103 of such Act stituted or impose any additional terms and amendment to amendment SA 1260 proposed (29 U.S.C. 2613) is amended by adding at the conditions on the substitution of such leave by Mr. MCCONNELL to the bill H.R. 1865, end the following new subsection: that are more stringent for the employee supra. ‘‘(g) CERTIFICATION RELATED TO PARENTAL than the terms and conditions set forth in SA 1262. Mr. MCCONNELL proposed an INVOLVEMENT AND FAMILY WELLNESS this subchapter.’’. amendment to amendment SA 1261 proposed LEAVE.—An employer may require that a re- (d) NOTICE.—Section 6382(e) of such title, as by Mr. MCCONNELL to the amendment SA quest for leave under section 102(a)(5) be sup- amended by section 3(b)(2), is further amend- 1260 proposed by Mr. MCCONNELL to the bill ported by a certification issued at such time ed by adding at the end the following new H.R. 1865, supra. and in such manner as the Secretary may by paragraph: SA 1263. Mr. MCCONNELL proposed an regulation prescribe.’’. ‘‘(4) In any case in which an employee re- amendment to the bill H.R. 1158, to authorize SEC. 5. ENTITLEMENT OF FEDERAL EMPLOYEES quests leave under paragraph (5) of sub- cyber incident response teams at the Depart- TO LEAVE FOR PARENTAL INVOLVE- section (a), the employee shall— ment of Homeland Security, and for other MENT AND FAMILY WELLNESS. ‘‘(A) provide the employing agency with purposes. (a) LEAVE REQUIREMENT.—Section 6382(a) of not less than 7 days’ notice, or (if such no- SA 1264. Mr. MCCONNELL proposed an title 5, United States Code, as amended by tice is impracticable) such notice as is prac- amendment to amendment SA 1263 proposed section 3(b), is further amended by adding at ticable, before the date the leave is to begin, by Mr. MCCONNELL to the bill H.R. 1158, the end the following new paragraph: of the employee’s intention to take leave supra. ‘‘(5)(A) Subject to subparagraph (B) and under such paragraph; and SA 1265. Mr. MCCONNELL proposed an section 6383(f), an employee shall be entitled ‘‘(B) in the case of leave to be taken under amendment to the bill H.R. 1158, supra. to leave under this paragraph to— subsection (a)(5)(A)(ii), make a reasonable ef- SA 1266. Mr. MCCONNELL proposed an ‘‘(i) participate in or attend an activity fort to schedule the activity or care involved amendment to amendment SA 1265 proposed that is sponsored by a school or community so as not to disrupt unduly the operations of by Mr. MCCONNELL to the bill H.R. 1158, organization and relates to a program of the the employing agency, subject to the ap- supra. school or organization that is attended by a proval of the health care provider involved SA 1267. Mr. MCCONNELL proposed an son or daughter or a grandchild of the em- (if any).’’. amendment to amendment SA 1266 proposed ployee; or (e) CERTIFICATION.—Section 6383(f) of such by Mr. MCCONNELL to the amendment SA ‘‘(ii) meet routine family medical care title is amended by striking ‘‘paragraph 1265 proposed by Mr. MCCONNELL to the bill needs (including by attending medical and (1)(E) or (3) of’’ and inserting ‘‘paragraph H.R. 1158, supra. dental appointments of the employee or a (1)(E), (3) or (5) of’’. f son or daughter, spouse, or grandchild of the f employee) or to attend to the care needs of TEXT OF AMENDMENTS an elderly individual who is related to the SUBMITTED RESOLUTIONS SA 1258. Mr. MCCONNELL proposed employee through a relationship described in section 6382(a) (including by making visits to an amendment to the bill H.R. 1865, to nursing homes and group homes). SENATE RESOLUTION 456—RECOG- require the Secretary of the Treasury ‘‘(B)(i) An employee is entitled to— NIZING AND CELEBRATING THE to mint a coin in commemoration of ‘‘(I) not to exceed 4 hours of leave under 200TH ANNIVERSARY OF THE the opening of the National Law En- this paragraph during any 30-day period; and ENTRY OF ALABAMA INTO THE forcement Museum in the District of ‘‘(II) not to exceed 24 hours of leave under UNION AS THE 22D STATE Columbia, and for other purposes; as this paragraph during any 12-month period follows: described in paragraph (4). Mr. SHELBY (for himself and Mr. ‘‘(ii) Leave under this paragraph shall be in At the end add the following. JONES) submitted the following resolu- This act shall be effective 1 day after the addition to any leave provided under any tion; which was considered and agreed other paragraph of this subsection. enactment.’’ ‘‘(C) For the purpose of this paragraph— to: ‘‘(i) the term ‘community organization’ S. RES. 456 SA 1259. Mr. MCCONNELL proposed means a private nonprofit organization that Whereas Congress created the Alabama an amendment to amendment SA 1258 is representative of a community or a sig- Territory from the eastern half of the Mis- proposed by Mr. MCCONNELL to the nificant segment of a community and pro- sissippi Territory on March 3, 1817; bill H.R. 1865, to require the Secretary

VerDate Sep 11 2014 08:01 Dec 18, 2019 Jkt 099060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A17DE6.015 S17DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7120 CONGRESSIONAL RECORD — SENATE December 17, 2019 of the Treasury to mint a coin in com- Strike ‘‘3 days’’ and insert ‘‘4 days’’ COMMITTEE ON THE JUDICIARY memoration of the opening of the Na- The Committee on the Judiciary is tional Law Enforcement Museum in SA 1267. Mr. MCCONNELL proposed authorized to meet during the session the District of Columbia, and for other an amendment to amendment SA 1266 of the Senate on Tuesday, December 10, purposes; as follows: proposed by Mr. MCCONNELL to the 2019, at 10 a.m., to conduct a hearing. amendment SA 1265 proposed by Mr. Strike ‘‘1 day’’ and insert ‘‘2 days’’ f MCCONNELL to the bill H.R. 1158, to au- PRIVILEGES OF THE FLOOR SA 1260. Mr. MCCONNELL proposed thorize cyber incident response teams an amendment to the bill H.R. 1865, to at the Department of Homeland Secu- Mr. BARRASSO. Mr. President, I ask require the Secretary of the Treasury rity, and for other purposes; as follows: unanimous consent that Mary Eileen to mint a coin in commemoration of Strike ‘‘4’’ and insert ‘‘5’’ Manning, a State Department fellow in the opening of the National Law En- f Senator SULLIVAN’s office, be granted forcement Museum in the District of AUTHORITY FOR COMMITTEES TO floor privileges for the remainder of Columbia, and for other purposes; as MEET the Congress. follows: The PRESIDING OFFICER. Without Mr. INHOFE. Mr. President, I have 6 At the end add the following. objection, it is so ordered. requests for committees to meet during ‘‘This Act shall take effect 3 days after the f date of enactment.’’ today’s session of the Senate. They have the approval of the Majority and VETERAN TREATMENT COURT SA 1261. Mr. MCCONNELL proposed Minority leaders. COORDINATION ACT OF 2019 an amendment to amendment SA 1260 Pursuant to rule XXVI, paragraph Mr. MCCONNELL. Madam President, proposed by Mr. MCCONNELL to the 5(a), of the Standing Rules of the Sen- I ask unanimous consent that the Com- bill H.R. 1865, to require the Secretary ate, the following committees are au- mittee on the Judiciary be discharged of the Treasury to mint a coin in com- thorized to meet during today’s session from further consideration of S. 2774 memoration of the opening of the Na- of the Senate: and the Senate proceed to its imme- tional Law Enforcement Museum in COMMITTEE ON AGRICULTURE, NUTRITION, AND diate consideration. the District of Columbia, and for other FORESTRY The PRESIDING OFFICER. The purposes; as follows: The Committee on Agriculture, Nu- clerk will report the bill by title. Strike ‘‘3 days’’ and insert ‘‘4 days’’ trition, and Forestry is authorized to The legislative clerk read as follows: meet during the session of the Senate A bill (S. 2774) to direct the Attorney Gen- SA 1262. Mr. MCCONNELL proposed on Tuesday, December 17, 2019, at 10:30 eral to establish and carry out a Veteran an amendment to amendment SA 1261 a.m., to conduct a hearing. Treatment Court Program. proposed by Mr. MCCONNELL to the COMMITTEE ON ENERGY AND NATURAL There being no objection, the com- amendment SA 1260 proposed by Mr. RESOURCES mittee was discharged, and the Senate MCCONNELL to the bill H.R. 1865, to The Committee on Energy and Nat- proceeded to consider the bill. require the Secretary of the Treasury ural Resources is authorized to meet Mr. MCCONNELL. I ask unanimous to mint a coin in commemoration of during the session of the Senate on consent that the bill be read a third the opening of the National Law En- Tuesday, December 17, 2019, at 10 a.m., time and passed and that the motion to forcement Museum in the District of to conduct a hearing on the nomina- reconsider be considered made and laid Columbia, and for other purposes; as tion of Lanny Erdos, of Ohio, to be Di- upon the table. follows: rector of the Office of Surface Mining The PRESIDING OFFICER. Without Strike ‘‘4’’ and insert ‘‘5’’ Reclamation and Enforcement, Depart- objection, it is so ordered. ment of the Interior. The bill (S. 2774) was ordered to be SA 1263. Mr. MCCONNELL proposed COMMITTEE ON ENVIRONMENT AND PUBLIC engrossed for a third reading, was read an amendment to the bill H.R. 1158, to WORKS the third time, and passed, as follows: authorize cyber incident response The Committee on Environment and S. 2774 teams at the Department of Homeland Public Works is authorized to meet Be it enacted by the Senate and House of Rep- Security, and for other purposes; as fol- during the session of the Senate on resentatives of the United States of America in lows: Tuesday, December 17, 2019, at 9:30 Congress assembled, At the end add the following. a.m., to conduct a hearing. SECTION 1. SHORT TITLE. ‘‘This act shall be effective 1 day after en- COMMITTEE ON FOREIGN RELATIONS This Act may be cited as the ‘‘Veteran actment.’’ The Committee on Foreign Relations Treatment Court Coordination Act of 2019’’. is authorized to meet during the ses- SEC. 2. SENSE OF CONGRESS. SA 1264. Mr. MCCONNELL proposed sion of the Senate on Tuesday, Decem- It is the sense of Congress that veterans an amendment to amendment SA 1263 ber 17, 2019, at 10 a.m., to conduct a treatment courts are a successful program proposed by Mr. MCCONNELL to the bill hearing on the following nominations: aimed at helping veterans charged with non- H.R. 1158, to authorize cyber incident violent crimes receive the help and the bene- John Hennessey-Niland, of Illinois, to response teams at the Department of fits for which the veterans are entitled. be Ambassador to the Republic of Homeland Security, and for other pur- SEC. 3. VETERAN TREATMENT COURT PROGRAM. Palau, Dorothy Shea, of North Caro- poses; as follows: (a) ESTABLISHMENT.—Subject to the avail- lina, to be Ambassador to the Lebanese Strike ‘‘1 day’’ and insert ‘‘2 days’’ ability of appropriations, in coordination Republic, Todd C. Chapman, of Texas, with the Secretary of Veterans Affairs, the to be Ambassador to the Federative SA 1265. Mr. MCCONNELL proposed Attorney General shall establish and carry an amendment to the bill H.R. 1158, to Republic of Brazil, and Donald Wright, out a Veteran Treatment Court Program to of Virginia, to be Ambassador to the provide grants and technical assistance to authorize cyber incident response court systems that— teams at the Department of Homeland United Republic of Tanzania, all of the Department of State. (1) have adopted a Veterans Treatment Security, and for other purposes; as fol- Court Program; or lows: COMMITTEE ON HOMELAND SECURITY AND (2) have filed a notice of intent to establish GOVERNMENTAL AFFAIRS At the end add the following. a Veterans Treatment Court Program with ‘‘This Act shall take effect 3 days after the The Committee on Homeland Secu- the Secretary. date of enactment.’’ rity and Governmental Affairs is au- (b) PURPOSE.—The purpose of the Veterans thorized to meet during the session of Treatment Court Program established under SA 1266. Mr. MCCONNELL proposed the Senate on Tuesday, December 17, subsection (a) is to ensure the Department of an amendment to amendment SA 1265 2019, at 9:30 a.m., to conduct a hearing Justice has a single office to coordinate the provision of grants, training, and technical proposed by Mr. MCCONNELL to the bill on the nomination of Paul J. Ray, of assistance to help State, local, and Tribal H.R. 1158, to authorize cyber incident Tennessee, to be Administrator of the governments to develop and maintain vet- response teams at the Department of Office of Information and Regulatory eran treatment courts. Homeland Security, and for other pur- Affairs, Office of Management and (c) PROGRAMS INCLUDED.—The Veterans poses; as follows: Budget. Treatment Court Program established under

VerDate Sep 11 2014 05:52 Dec 18, 2019 Jkt 099060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A17DE6.009 S17DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 17, 2019 CONGRESSIONAL RECORD — SENATE S7121 subsection (a) shall include the grant pro- time to protect our future and that of Trump’s corrupt EPA decided to draft grams relating to veterans treatment courts our children and grandchildren from a fake rule, a rule they could point to carried out by the Attorney General pursu- worsening climate upheaval. America if challenged in court for doing noth- ant to sections 2991 and 3021 of the Omnibus ing, but a rule that would conveniently Crime Control and Safe Streets Act of 1968 ought to be taking every measure (34 U.S.C. 10651, 10701) or any other provision available to rein in greenhouse gas do nothing to limit methane emissions. of law. emissions from legislative action to The fake rule exempts a huge chunk of (d) REGULATIONS.—The Attorney General legal action, to diplomatic action, to oil and gas production from regulation, shall promulgate regulations to carry out regulatory action, which is going to be leaving the industry with an effective this section. a theme of this talk tonight. We are blank check to pollute as much meth- f not doing those things, and, frankly, it ane as it likes. As I speak, the corrupt Trump EPA is RECOGNIZING AND CELEBRATING is because of corruption, plain and sim- preparing to issue its final rule, and THE 200TH ANNIVERSARY OF ple. Regulatory action, that means en- the corrupted fossil fuel industry is THE ENTRY OF ALABAMA INTO poised to grab everything it wanted. THE UNION AS THE 22ND STATE forcing the laws on the books. We have a Clean Air Act that requires the Envi- The final rule is one that industry Mr. MCCONNELL. Madam President, ronmental Protection Agency to stop stooges could have written themselves I ask unanimous consent that the Sen- dangerous pollutants from fouling our because, well, it looks like they did ate proceed to the consideration of S. air. The EPA has found that green- write it themselves. They bought that Res. 456, submitted earlier today. house gases are pollutants under the privilege the old-fashioned way, by The PRESIDING OFFICER. The buying it. clerk will report the resolution by Clean Air Act, and the Supreme Court has upheld that finding. That means we Even before Trump took office, the title. fossil fuel industry began showering The legislative clerk read as follows: ought to be regulating methane. Meth- ane is among the most potent of green- him with money. Trump raised a A resolution (S. Res. 456) recognizing and record amount for his inauguration— house gases. When released into the at- celebrating the 200th anniversary of the nearly doubling the previous record— mosphere, it traps about 30 times more entry of Alabama into the Union as the 22nd and Hess, Chevron, BP, Citgo, State. heat than its chemical cousin, carbon ExxonMobil, Consol Energy, Conti- dioxide. Oil and gas extraction releases There being no objection, the Senate nental Resources, Murray Energy, and massive methane pollution. In fact, a proceeded to consider the resolution. Valero all made six- or seven-figure do- Mr. MCCONNELL. I ask unanimous growing body of research suggests nations. The oil and gas and mining consent that the resolution be agreed methane pollution from natural gas ex- sector was the second largest source of to, the preamble be agreed to, and that traction may completely offset the cli- donations, providing more than $10 the motions to reconsider be consid- mate gains of switching from coal to million to Trump’s inaugural com- ered made and laid upon the table with natural gas. mittee. That money still flows as the no intervening action or debate. To fulfill its duties under the Clean The PRESIDING OFFICER. Without 2020 election ramps up. Air Act, as a matter of law, EPA needs Fossil fuel companies are among the objection, it is so ordered. to prevent methane pollution. It is the largest donors to the political group The resolution (S. Res. 456) was law; it is not optional. But the corrupt agreed to. supporting Trump’s reelection. A pipe- Trump EPA won’t fight methane pollu- line company is the largest single The preamble was agreed to. tion. This corrupt EPA is run by the (The resolution, with its preamble, is donor to the Trump victory political fossil fuel industry, which could not action committee, more than $700,000 printed in today’s RECORD under ‘‘Sub- care less about methane emissions. mitted Resolutions.’’) as of this November. The oil, gas, and Within weeks of Scott Pruitt taking mining industries account for more f control of the Agency, the corrupted than $5 million to the Trump Victory ORDERS FOR WEDNESDAY, EPA withdrew its request that oil and PAC. DECEMBER 18, 2019 gas companies even report methane Fossil fuel executives are some of the emissions. The industry knew a true Mr. MCCONNELL. Madam President, largest individual donors to the Trump report on methane leakage would dam- I ask unanimous consent that when the Victory PAC. One executive alone gave age their case for natural gas as a less Senate completes its business today, it $360,000. These known donations likely dangerous air pollutant, so they went adjourn until 9:30 a.m., Wednesday, De- represent the tip of a big dark iceberg. to a line of attack, taken directly from cember 18; further, that following the Dark-money political organizations ac- the Big Tobacco playbook: Silence the prayer and pledge, the morning hour be cept unlimited donations and provide science. The fewer facts the EPA has, deemed expired, the Journal of pro- no disclosure, and Super PACs accept the less action it needs to take under ceedings be approved to date, the time unlimited donations with little disclo- law—the corrupt Trump EPA delib- for the two leaders be reserved for their sure. So the bottom line is we cannot erately made itself ignorant and use later in the day, morning business tell exactly how much fossil fuel stopped the reporting so it could avoid be closed, and the Senate proceed to money is flowing to groups supporting its duty. executive session and resume consider- Trump, but it is a lot. When you con- Step 2 came in March 2017 with the sider the $650 billion annual subsidiary ation of the McFarland nomination. corrupt Trump effort to roll back exist- The PRESIDING OFFICER. Without the fossil fuel polluters enjoy, they ing greenhouse gas regulations, includ- objection, it is so ordered. have every reason to buy control over ing methane regulations. Trump’s Ex- government from a corrupt Trump ad- f ecutive order reads like a fossil fuel ministration. ORDER FOR ADJOURNMENT lobbyist’s dream, probably because fos- Money isn’t the only way the fossil Mr. MCCONNELL. Mr. President, if sil fuel lobbyists wrote it. He called on fuel industry exerts control. Oklahoma there is no further business to come be- the EPA to ‘‘review existing regula- oil king and Scott Pruitt patron Har- fore the Senate, I ask unanimous con- tions that potentially burden the de- old Hamm set up a Trump leadership sent that it stand adjourned under the velopment or use of domestically pro- council to advise Trump. The fossil fuel previous order, following the remarks duced energy resources and appro- industry was the heart of the council, of Senator WHITEHOUSE. priately suspend, revise, or rescind with coal giants Alliance Resource The PRESIDING OFFICER. Without those that unduly burden the develop- Partners and Murray Energy, oil serv- objection, it is so ordered. ment of domestic energy resources.’’ ices company Baker Hughes, and nat- The PRESIDING OFFICER. The Sen- Regulations to limit methane pollu- ural gas company Devon Energy all ac- ator from Rhode Island. tion were among those that Trump’s tive members. Of course, there was the f Executive order singled out, saying, National Association of Manufacturers, ‘‘As soon as practical, suspend, revise, a trade association recently identified CLIMATE CHANGE or rescind [them].’’ as America’s worst climate obstructer. Mr. WHITEHOUSE. Madam Presi- Step 3 was to write a do-nothing re- With all these obstructers and pol- dent, we are rapidly running out of placement. After lots of dawdling, luters on board, the fossil fuel friendly

VerDate Sep 11 2014 05:52 Dec 18, 2019 Jkt 099060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A17DE6.043 S17DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7122 CONGRESSIONAL RECORD — SENATE December 17, 2019 council fed Trump a steady diet of the one who left to set up the fossil- lying about emissions, corrupting our talking points about slashing regula- fuel dark energy group Energy 45 to politics, and blocking climate action. tions and achieving ‘‘complete Amer- help promote fossil fuel energy poli- These massive polluting industries ican energy independence.’’ cies; or the lawyer-lobbyist for energy have a long track record of climate de- These fossil fuel industry talking interests Dominion Energy, Koch In- nial and deceit. It is how they roll. points became the Executive order I dustries, and TransCanada overseeing A top climate obstructer, the U.S. mentioned earlier, an order to kill any Air Office compliance, of all things. It Chamber of Commerce, pays for a environmental protection that ‘‘unduly has been an infestation. phony study, claiming the Paris agree- burdens the development of domestic It is easy for the fossil fuel industry ment would cost jobs and economic energy resources.’’ Do you want to to spend big money to corrupt the EPA growth, and Trump pulls out a pass. Oil know who the winners were from that because the corruption payback is so companies lobby to gut auto fuel effi- Executive order? Check the list of big; the dirty methane work alone is ciency standards, and Pruitt and attendees at the signing ceremony: fos- estimated to save oil and gas compa- Wheeler gut the standards. The natural sil fuel executives and fossil fuel indus- nies hundreds of millions of dollars. gas industry objects to rules limiting try trade association executives, come Meanwhile, the American Petroleum methane emission. The corrupt Trump to celebrate the freedom to pollute Institute, the largest trade association EPA rolls them back. that their influence and money had for the oil and gas industry, announced Just now, on the Senate floor, we are bought them. a new seven-figure ad campaign called looking at a tax extenders package Chevron has recently been identified ‘‘We’re on it.’’ ‘‘We’re on it.’’ These that wipes out the tax extenders for as one of the companies that has done ads—on the Internet, TV, and bill- solar going forward, wind going for- the most to damage our oceans. They boards—they are all over the Wash- ward. They gave us 1 year looking are one of the top ocean-wrecking com- ington, DC, airport. They are designed backwards. Great, thanks a bunch. panies on the planet. In February of to fool the public and to fool policy- Electric vehicles, storage, and bat- 2017, Chevron wrote to the corrupt Pru- makers that the oil industry is ‘‘on teries, all of that had been in a ten- itt with a list of deregulatory proposals its’’ methane emissions problem. Of tative agreement. The fossil fuel indus- the company wanted to see imple- course, they are not. Of course, they try and the Trump administration mented at the EPA. Included was a re- are lying. It is what they do. kiboshed all of it. ‘‘On it,’’ indeed. quest to ‘‘refocus methane regulations, Science tells us that methane emis- Will Attorney General Barr look into particularly those that impact existing sions are far higher than the estimates any of this? Of course not. In the cor- sources, to encourage voluntary ap- out of the corrupt Trump EPA. The in- rupt Trump administration, fossil fuel proaches.’’ For sure, you can trust one vestigative journalism group Un- money and influence puts that indus- of the world’s worst ocean polluters earthed found that leading oil compa- try above the law. They can pollute with voluntary approaches. nies are emitting unprecedented meth- and corrupt more or less at will. We The corrupt Trump EPA was stocked ane pollution. In just three producing cannot afford this self-dealing from with fossil fuel industry cronies ready basins, in just 1 year, oil companies polluters any longer. This is flat-out to implement whatever the industry emitted methane equivalent to the an- wrong. Indeed, it is flat-out crooked. It wanted. Pruitt rose to political power nual emissions of 10 coal-fired power is not only time to wake up, Madam on a wave of fossil fuel money and dem- plants or 8 million cars. President, it is time to clean up. This onstrated a willingness to sell his of- There is a recent New York Times ar- behavior is a disgrace. fice by putting fossil fuel industry asks ticle that you can link to showing in- I yield the floor. verbatim onto his official letterhead. frared imagery—it is really impressive Andrew Wheeler, Pruitt’s successor to see, actually, if you click through to f as Administrator, had been a leading it—infrared imagery of methane bil- lobbyist for the coal industry. The lowing out of what they call super- ADJOURNMENT UNTIL 9:30 A.M. head of the EPA Air Office, Bill emitter fossil fuel facilities. Wehrum, rose to prominence by help- A recent article described one meth- TOMORROW ing build and run an array of trade as- ane blowout in Ohio leaking as much The PRESIDING OFFICER. Under sociations and front groups for—guess ‘‘methane than the entire oil and gas the previous order, the Senate stands what—the fossil fuel industry. industries of many nations do in a adjourned until 9:30 a.m. tomorrow. Beyond Pruitt and Wheeler and year.’’ Thereupon, the Senate, at 5:59 p.m., Wehrum, the EPA’s political leadership ‘‘We are on it.’’ Yeah, they are ‘‘on adjourned until Wednesday, December crawled with fossil fuel flunkies, like it.’’ What they are on is a binge of 18, 2019, at 9:30 a.m.

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