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

Vol. 164 WASHINGTON, THURSDAY, SEPTEMBER 6, 2018 No. 148 Senate The Senate met at 12 noon and was of Nebraska, to perform the duties of plained that he is ‘‘an avid consumer of called to order by the Honorable DEB the Chair. legal scholarship. He reads and learns.’’ ORRIN G. HATCH, FISCHER, a Senator from the State of It certainly shows. Judge Nebraska. President pro tempore. Kavanaugh’s widely acclaimed tem- f Mrs. FISCHER thereupon assumed the Chair as Acting President pro tem- perament was on full display. He gave PRAYER pore. thoughtful, expansive answers, while also respecting the independence of the The Chaplain, Dr. Barry C. Black, of- f fered the following prayer: judiciary. Even as some of our Demo- RECOGNITION OF THE MAJORITY Let us pray. cratic colleagues seemed to forget— LEADER O God, the Father of light, today give seemed to forget—that we are exam- our Senators the light to guide them, The ACTING PRESIDENT pro tem- ining a potential Supreme Court Jus- the courage to sustain them, and the pore. The majority leader is recog- tice and not interviewing a superlegis- civility to unite them. Give our law- nized. lator who will be writing his own pol- makers humility in prosperity and pa- f icy preferences into law, Judge tience in adversity. Provide them with NOMINATION OF BRETT Kavanaugh remained very gracious and a quiet awareness of Your presence, KAVANAUGH spoke at length about his past jurispru- sustaining them with Your great dence and his understanding of the role power. Mr. MCCONNELL. Madam President, judges play in our Republic. Lord, make us all grateful for the day 2 of Brett Kavanaugh’s confirma- blessings You shower upon us each day. tion hearings proved to be a marathon It was striking to contrast Judge Increase our faith until we experience session. For 13 hours, Judge Kavanaugh Kavanaugh’s poise, on the one hand, peace that flows like a river in our was grilled by our colleagues on the and professionalism with the continued hearts. Judiciary Committee. Through that unhinged—literally, unhinged—antics We pray in Your great Name. Amen. testing, the Senate got to see exactly of the far left, which once again re- why the American Bar Association sorted to yelling and screaming and in- f deemed this nominee to be unani- terrupting the hearing with nonsen- PLEDGE OF ALLEGIANCE mously ‘‘well qualified,’’ which is the sical protests. The Capitol Police de- The Presiding Officer led the Pledge highest possible rating, a distinction serves all of our gratitude for keeping of Allegiance, as follows: that many of our Democratic col- order, as does Chairman GRASSLEY for leagues in the past called the gold I pledge allegiance to the Flag of the keeping the proceedings moving United States of America, and to the Repub- standard. smoothly. lic for which it stands, one nation under God, We saw precisely why he has earned indivisible, with liberty and justice for all. such praise from accomplished legal Perhaps it is finally dawning on the figures, like Lisa Blatt, a self-described far left that Judge Kavanaugh is an im- f liberal and a leading Supreme Court pressive, mainstream, and brilliant APPOINTMENT OF ACTING litigator who proudly introduced Judge nominee who almost any objective ob- PRESIDENT PRO TEMPORE Kavanaugh before the committee; and server would agree is more than quali- The PRESIDING OFFICER. The Neal Katyal, the Obama administra- fied to serve on the Supreme Court. clerk will please read a communication tion’s Solicitor General who said: ‘‘It’s Maybe that is why they are resorting to the Senate from the President pro very hard for anyone who’s worked to futile attempts to disrupt the pro- tempore (Mr. HATCH). with Judge Kavanaugh, appeared be- ceedings. Maybe that is why no fewer The senior assistant legislative clerk fore him, to frankly say a bad word than 66 individuals were removed from read the following letter: about him.’’ the hearing room for interruptions. Judge Kavanaugh was patient and U.S. SENATE, I will be perfectly clear about this. PRESIDENT PRO TEMPORE, professional. His answers showed total Washington, DC, September 6, 2018. command of everything, from the fine Hysterical stunts are not going to stop To the Senate: details of case law to the principles the U.S. Senate from completing its Under the provisions of rule I, para- upon which our Founders built the business. There is no heckler’s veto graph 3, of the Standing Rules of the Constitution. here. I look forward to more excellent Senate, I hereby appoint the Honorable In July, one of Judge Kavanaugh’s testimony from Judge Kavanaugh DEB FISCHER, a Senator from the State former Yale Law School professors ex- today.

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

S6041

.

VerDate Sep 11 2014 03:05 Sep 07, 2018 Jkt 079060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A06SE6.000 S06SEPT1 lotter on DSKBCFDHB2PROD with SENATE S6042 CONGRESSIONAL RECORD — SENATE September 6, 2018 TRIBUTE TO DR. WALTER The ACTING PRESIDENT pro tem- about them publicly. Why can’t he OLESZEK pore. Without objection, it is so or- elaborate? He has given his view on Mr. MCCONNELL. Madam President, dered. that one. Very bad view. Does he still I want to say a few words about a loyal f hold it? Nobody knows. and valuable public servant as he Judge Kavanaugh could not assure RECOGNITION OF THE MINORITY the American people he would uphold reaches a remarkable milestone. Over LEADER the past 50 years, Members of Congress the healthcare law, including protec- The ACTING PRESIDENT pro tem- have come and gone, but all the while, tions for up to 130 million Americans pore. The Democratic leader is recog- Dr. Walter Oleszek has been on hand at with preexisting conditions, protec- nized. the Library of Congress to answer tions that are under threat right now Members’ and staff’s toughest ques- f by a lawsuit in Texas. He could not assure the American tions about the inner workings of NOMINATION OF BRETT people he would uphold the landmark American government. KAVANAUGH decision in Roe v. Wade. He did repeat Walter arrived in Washington in the Mr. SCHUMER. Madam President, a view, which he reportedly shared summer of 1968 from Upstate New today the Senate Judiciary Committee with Senator COLLINS, that Roe v. York. He signed on with the Legisla- continues its hearings on Judge Brett Wade was settled precedent of the tive Reference Service, now the Con- Kavanaugh’s nomination to the Su- Court, but as Judge Kavanaugh himself gressional Research Service, and has preme Court. During yesterday’s ses- points out in a 2003 email made public been serving ever since. sion, the American people got to see a this morning, ‘‘I am not sure that all Over five decades, Walter has grown nominee who refused to answer even legal scholars refer to Roe as the set- into an institution unto himself. He is the most basic, fundamental questions tled law of the land at the Supreme not only the longest serving CRS team about his jurisprudence. They got to Court level since [the] Court can al- member but also a dedicated and inte- see a coverup of Judge Kavanaugh’s ways overrule its precedent, and three gral part of its operations, while also records by himself and the Republican current Justices on the Court would do finding time to teach and lecture on members of the committee. so.’’ That is an email from Brett the side. When Judge Kavanaugh was asked Kavanaugh explaining that Roe vs. Alan Frumin, the former Senate Par- specific questions about important Wade is only settled law until a major- liamentarian, was actually one of Wal- issues that might someday come before ity of the Court decides it isn’t. ter’s students at Colgate University a court, like women’s reproductive Since the time he wrote that email, years ago. According to Alan, ‘‘If freedom, he pleaded the need for inde- one more Justice has joined the Court there’s anything about Congress that pendence and refused to answer. When likely to overturn Roe. Judge Walter does not know, then that thing Democratic Senators asked him hypo- Kavanaugh could be the deciding vote, doesn’t exist.’’ In my experience thetical questions, instead, to avoid and he will not even talk about it. around here, the Parliamentarian is the possibility of the judge tipping his That is an issue that affects all Ameri- usually the smartest one in the room. hand on a future case, then he said he cans. It is an issue that is so important So that is especially high praise, and wouldn’t engage in hypotheticals— to our jurisprudence. It is an absolute Walter has earned it. can’t talk about specific cases, can’t disgrace that a nominee for the Su- Today, on behalf of the Senate, I talk about general situations. He is preme Court refuses to talk about such want to thank this scholar, author, ducking. He is hiding. a fundamental issue at the core of one internationally sought adviser, and Judge Kavanaugh was asked how he of the great debates of American soci- dedicated steward of the U.S. Congress. might view the constitutionality of a ety and hides behind legal subterfuge, We congratulate him on his career thus Presidential subpoena arising from the chicanery, so he doesn’t have to far and look forward to continuing to Mueller probe. He said he could not tip speak—verbal chicanery. work alongside him. his hand about a potential issue before I wonder why the Republican major- f the Court. Asked, then, about the con- ity labeled the email about Roe v. RESERVATION OF LEADER TIME stitutionality of a Presidential sub- Wade ‘‘committee confidential’’ until poena in general, he said he would not this morning. Was that email withheld The ACTING PRESIDENT pro tem- engage in a hypothetical. This is not a for privacy reasons? No. National secu- pore. Under the previous order, the hypothetical issue; this is a funda- rity reasons? No. It is ridiculous. The leadership time is reserved. mental constitutional issue. only explanation is that Judge f There is no legal, ethical, or judicial Kavanaugh’s record was being withheld reason for Judge Kavanaugh to avoid MORNING BUSINESS for political reasons. They don’t want directly answering these questions un- the American people to see his view. If The ACTING PRESIDENT pro tem- less he has something to hide. If the the American people knew that Judge pore. Under the previous order, the nominee can’t answer questions about Kavanaugh would decide against Roe v. Senate will be in a period of morning already decided cases, pending cases, or Wade, as it seems this email feels he business, with Senators permitted to hypothetical cases, honestly, what is thinks he can, not bound by legal speak therein for up to 10 minutes there left to talk about—charity work precedent if he changes his mind, if the each. and basketball? Your favorite Fed- Court changes its mind, they would The majority leader. eralist Paper? rise up and say: Don’t put him on the f How does the nominee expect the bench. So, instead, they hide the Senate and the public to evaluate him? records. ORDER OF PROCEDURE He doesn’t. He doesn’t want it. His life- My Republican colleagues set up an Mr. MCCONNELL. Madam President, long record as a hard-right warrior, if entire process to go around the non- pursuant to the order of August 28, at he talked about it and talked about his partisan National Archives, and it ap- 1:45 p.m. today, the Senate will proceed views, would rule him out, so he hides. pears that the purpose was to hide doc- to executive session to consider Cal- That should not happen when it comes uments that might shed real light on endar Nos. 693, 731, 778, 779, 782, 838, 839, to nominating one of the most power- Judge Kavanaugh’s actual record. and 893, as under the previous order. ful positions in American society. Now, finally, a little late in the I suggest the absence of a quorum. Let me just mention a few topics game, the truth is coming out, but this The ACTING PRESIDENT pro tem- Judge Kavanaugh ducked. is only the tip of the archives. These pore. The clerk will call the roll. Judge Kavanaugh would not expand are the only documents that have The senior assistant legislative clerk or even revisit his views on Presi- slipped through the Republican filter. proceeded to call the roll. dential power, where he already enu- What else is hidden in Judge Mr. SCHUMER. Madam President, I merated some in a Minnesota Law Re- Kavanaugh’s record? What else don’t ask unanimous consent that the order view article. As Senator KLOBUCHAR we know about the nominee? When did for the quorum call be rescinded. pointed out, he has already talked the Republican majority decide that

VerDate Sep 11 2014 03:05 Sep 07, 2018 Jkt 079060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G06SE6.001 S06SEPT1 lotter on DSKBCFDHB2PROD with SENATE September 6, 2018 CONGRESSIONAL RECORD — SENATE S6043 Supreme Court nominees should be mouth in 1998, where he was also an I would say Dominic was even-tem- like icebergs, only a small portion All-Ivy League and Academic All- pered, something of a gentle giant. showing, while the real nominee lurks American offensive lineman on the When tempers flared on the basketball unseen underwater and potentially Dartmouth football team. He received courts at Hemingway, as they, in retro- dangerous? the Barrett Award for being the out- spect, did too often—and over silly So I strongly support and commend standing graduate of his class in matters—Dom was a peacemaker, sepa- the Democrats on the Judiciary Com- achievement, character, and leader- rating those who might otherwise be in mittee in their efforts to make these ship. an altercation. confidential documents public. I stand In law school together, he excelled, Dom was a team player. When it was with them. They did the right thing. graduating with honors, serving as a time for him to take the shot because The American people desire to see member of the law review. that is what the team needed, that is these documents. He went on to clerk for Judge Pam what he would do, but he was just as In this case, committee confidential Rymer on the Ninth Circuit Court of happy to pass the ball off, to set a is a complete fiction, a subterfuge to Appeals. For 5 years, he worked in pri- screen, to box-out for a rebound. avoid the American people knowing the vate practice with Gibson Dunn & Dom was good-natured—competitive real Brett Kavanaugh. The members of Crutcher in their constitutional and to be sure, but he understood that in the committee should be praised, not appellate law practice, and won awards the grand scheme of things, we were all chastised, for making these documents for his pro bono work. just a bunch of washed-up high school available. They did the right thing, and For the last 10 years, Dom has served and college athletes enjoying a few they had an obligation to do it. The the people of Arizona and the people of hours off from our studies. Republican members of the committee this country in the U.S. attorney’s of- These are all traits that are going to should be ashamed of themselves— fice from the District of Arizona. As an put him in the best position possible to ashamed of themselves—for partici- assistant U.S. attorney, from 2008 to deliver justice not only for the people pating in the administration and Judge 2012, he prosecuted over 300 defendants of Arizona but for the people of the Kavanaugh’s coverup of his record. The for a wide variety of crimes, including United States. Everyone who comes be- Senate and the American people have a immigration offenses, drug trafficking, fore him is fortunate that Dominic right to see the nominee’s record, espe- and public corruption. Lanza will soon be a district judge. cially now, since the nominee appears He authored more than 20 appellate For 42 years, Dominic has been unwilling to answer substantive ques- briefs and argued more than 11 cases in known as Dom or the Dominator, but tions about his views. the Ninth Circuit Court of Appeals. in just a few hours, he will be known as Whatever the rules may be of the From 2012 to 2015, he served as chief of Your Honor. Few men, by their char- Senate, they should not be twisted to the district’s Financial Crimes and acter and by their lives, better deserve ensure partisan advantage and prevent Public Integrity section, and he is now that title than the Dominator, transparency and openness. They the chief and executive assistant U.S. Dominic Lanza. should not be twisted to cover up the attorney—the No. 2 position in the dis- Madam President, I yield the floor. truth rather than reveal it. trict—where he oversees the Phoenix I suggest the absence of a quorum. There is so much at stake in this Su- office. The ACTING PRESIDENT pro tem- preme Court nomination. Will Ameri- Dom said that the most important pore. The clerk will call the roll. cans with preexisting conditions be lesson he has learned in his time at the The legislative clerk proceeded to able to get healthcare? Will women be U.S. Attorney’s Office is the need to call the roll. able to make private personal choices represent the facts and the law fairly Mr. BLUNT. Madam President, I ask about their medical care? Will LGBTQ and accurately to the court and oppos- unanimous consent that the order for Americans be able to marry whom they ing counsel. He has also learned the ne- the quorum call be rescinded. love? Will every American’s constitu- cessity of treating everybody involved The ACTING PRESIDENT pro tem- tional right to vote be protected? Can in the legal process—from judges to ju- pore. Without objection, it is so or- the President of the United States be rors, support staff, opposing counsel, dered. held accountable, especially at this and parties—with courtesy, dignity, f patience, and respect. time? We know how much we need NOMINATION OF BRETT Dom has volunteered in the Court that. Yet, at every turn, the Repub- KAVANAUGH lican majority, the Trump administra- Works Program, in which students tion, and Brett Kavanaugh have pre- from at-risk schools perform simulated Mr. BLUNT. Madam President, I vented the Senate and the American trials. He participated in the Veterans want to speak for a few minutes about people from being truly able to vet a Court Program, which provides in- the hearings going on today with Judge nominee who could affect the lives of creased support and guidance to Fed- Brett Kavanaugh. I had a chance, as Americans for a generation. eral criminal defendants who are vet- you did, to meet him a little over a I yield the floor. erans. month ago. It was clear from that con- Mr. COTTON. Madam President. Dom participated in, completed, and versation that he is clearly the best The ACTING PRESDIENT pro tem- received the highest marks from Sen- person available, in my view, to fill the pore. The Senator from Arkansas. ator McCain and Senator FLAKE’s judi- vacancy left by Justice Anthony Ken- f cial nomination panel. He now has the nedy. I think his opening remarks this support, as well, of Senator JON KYL. I week gave great evidence to that. He NOMINATION OF DOMINIC W. commend all three men for an out- said, as he described himself, that ‘‘a LANZA standing selection. judge must be an umpire—a neutral Mr. COTTON. Madam President, I As I said, I can’t take credit for and impartial arbiter who favors no speak in support of the nomination of Dom’s nomination, but I can perhaps litigant or policy. . . . I do not decide Dominic Lanza to be a district judge add a little bit of perspective to the cases based on personal or policy pref- for the District of Arizona. kind of judge he will be from the man erences. I am not a pro-plaintiff or pro- Dominic is my old friend and law I knew on the basketball courts. defendant judge. I am not a pro-pros- school classmate and, maybe most im- Dom was tough. If you were driving ecution or pro-defense judge. I am a portantly, intramural basketball team- to the basket or fighting for a rebound, pro-law judge.’’ mate, when he was known as ‘‘Dom’’ or you did not want him in your way. What does it mean to be a ‘‘pro-law’’ perhaps ‘‘The Dominator.’’ Dom was fairminded. If he fouled an judge? It means that you see your job Now, I can’t claim the credit for opposing player or knocked a ball out as a judge who will look at the law and Dominic’s nomination. He has the of bounds, you would get no argument determine what the law says, whether highest qualifications, and his whole from him. He would admit that he that is criminal law or civil law. life has prepared him for this moment knocked the ball out of bounds or that I am not an attorney, but if you hire to be a U.S. district judge. Dom grad- he had committed the foul, and play an attorney to give you advice on civil uated with highest honors from Dart- would go on. law, the greatest benefit you can have

VerDate Sep 11 2014 03:05 Sep 07, 2018 Jkt 079060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G06SE6.002 S06SEPT1 lotter on DSKBCFDHB2PROD with SENATE S6044 CONGRESSIONAL RECORD — SENATE September 6, 2018 in making a decision based on that ad- again is about the job this judge has people at schools. He has been widely vice is that judges at all levels, up to done and the skill he brings to the supported by those who have dealt with the Supreme Court, will look at the court. him—his classmates, colleagues, law as hopefully your good attorney Going back to the idea that a judge’s clerks, and legal scholars. did and say: This is what this law goal is not to decide what the judge This week, he received a unani- means. If you make this decision based would like the outcome to be but what mously ‘‘well qualified’’ rating from on what the law says, the courts in the the law says, Justice Scalia, who was the American Bar Association. That is United States of America will reach replaced last year by Judge Gorsuch, the very highest rating they can give, that same, likely, conclusion. Your at- said that ‘‘the judge who always likes and it was unanimous. That is a pretty torney might say that the law is not the results he reaches is a bad judge.’’ good signal that he must have been clear on this issue, and that is a dif- Why would you be a bad judge if you well prepared as a lawyer to be a judge. ferent scenario. But the judge’s job is always liked the decisions you The Judiciary Committee has re- not to decide what is the right thing. reached? The reason is that you ceived letters from more than 140 law The judge’s job is not to decide what couldn’t have always been looking at professors, more than 40 members of the law should say. The judge’s job is the law. The judge doesn’t write the the Supreme Court Bar, 34 of his not to decide what the people who law. The judge doesn’t come up with former law clerks, 80 former Harvard wrote the Constitution should have the law. The judge doesn’t even have to Law students, 31 Governors, and many written or should have meant if they agree with the law. The judge’s job is more. had known everything we know today. to decide what the law says. If you His nomination isn’t just widely sup- The judge’s job is to look at the law look at every case before you and ported, it is thoroughly vetted. There and look at the Constitution and de- evaluate it based on the facts and are 480,000 pages of documents and, in cide that is what it said. apply the rule of law, you are going to 300 cases, the opinions he has written. Nothing would be a better example of come up with a conclusion you won’t I continue to believe that the Su- Judge Kavanaugh’s philosophy than always like, but you will come up with preme Court is one of the longlasting the 300 opinions he has issued as a a conclusion that the people who are in and most important legacies of a Presi- judge. There is a lot of discussion: the case will understand as far as how dent, but it is also one of the impor- Well, there is not enough material out you came up with it because you came tant legacies of the Senate. The Con- there. We haven’t seen everything. We up with it based on the law and the stitution says the President nominates haven’t seen everything that went facts. but the Senate advises and consents. through the White House when he was Judge Kavanaugh’s credentials have This is not just about advice, it is the Staff Secretary for President been discussed before. Frankly, they about becoming a partner in that proc- George W. Bush. We haven’t seen all of are not being very widely discussed ess of becoming a member of the Su- that. this week because the hearing—at least preme Court for as long as you live, un- Of course, that is not the case. There half the time—appears not to have less you decide to leave earlier than is plenty to be seen. In fact, there is much to do with Judge Kavanaugh at that. more paperwork available to look at all but whether there is enough paper- I am disappointed that almost half of from Judge Kavanaugh than from the work to look at or whether a judge this Senate announced they wouldn’t last five Supreme Court Justices put would have reached a different conclu- be for Judge Kavanaugh before his con- together. I will state that if you are sion than he reached. But his qualifica- firmation hearings. At least one-fourth looking for paper, you have paper. If tions are pretty significant. He is a of the Senate announced they wouldn’t you are looking for the judge’s posi- graduate of Yale Law School. He be for Judge Kavanaugh before he was tion, you also have 300 cases, some of clerked for three Federal judges, in- nominated. No matter who was going which were appealed to the Supreme cluding the Justice he is about to re- to be nominated, one-fourth of the Sen- Court. Thirteen of his opinions—and I place. Of course, being a clerk for a ate was not going to be there. think some of them were when he was judge means that you have graduated I think we will find that a majority in the minority on the circuit court from law school. Someone has looked of the Senate will be there later this bench—became the opinions that the at all the applicants to be their clerk, month. I think we will find the major- Supreme Court essentially adopted al- and—it is almost like graduate work ity of the Senate will be there before most exactly as Judge Kavanaugh had after you have graduated from law the first Monday in October, which is written them. school—you are chosen to be that the day the Court starts to hear cases What we are trying to do is put some- clerk. So that happened three times for the coming year. body on the Supreme Court for a life- with Judge Kavanaugh, including for I think Judge Kavanaugh is going to time appointment. This individual hap- Justice Kennedy. He clerked for Jus- serve our country well and, I hope, pens to be somebody who for 12 years tice Kennedy alongside Justice long. I look forward to his confirma- has been on what is often described as Gorsuch. tion later this month. the second most important court in the In 2006, President Bush nominated I yield the floor. country. him to serve on the DC Circuit Court of The ACTING PRESIDENT pro tem- Why would the DC Circuit—that is Appeals. In addition to that, since 2009, pore. The Senator from Washington. the court of appeals for the DC area— he has been the Samuel Williston Lec- f be the second most important court in turer on Law at Harvard Law School. the country? The reason is that most of He was hired by Justice Kagan before APPROPRIATIONS PROCESS the cases that involve new Federal law, she was nominated to the Court by Mrs. MURRAY. Madam President, I that involve expansive Federal law, President Obama and who was then come to the floor today to join the vice wind up right here. For 12 years, Judge dean of Harvard Law School. He has chairman of the Appropriations Com- Kavanaugh has been one of those the interesting opportunity to be con- mittee, who will be joining me shortly, judges. firmed to the Court—and I believe he in urging our colleagues to avoid a Believe me, if the Supreme Court had will be—and to be sitting on the Court completely unnecessary crisis and said over and over again, when there with a Justice nominated by President work together with us to get out our was an appeal from the DC Circuit, Obama who hired him to be a lecturer spending bills and get all of our spend- that Judge Kavanaugh’s opinion really at Harvard Law School. ing bills signed into law. makes no sense or that Judge In addition to his legal career, he has We should be able to do this. I am Kavanaugh’s opinion wasn’t based on devoted himself to his community. He very proud of the work we have done so the law, the facts, and the Constitu- coaches his daughter’s basketball team far. Under the leadership of the chair- tion, we would have heard about that. with some pride, Coach K—not always man and vice chairman of the Appro- In 300 opinions, we would have heard the Coach K I would think of but the priations Committee, we have been about that if that had been the case, Coach K the girls on that team think able to negotiate and pass bills under and we have not heard that. In fact, of when they think of Coach K. He is a regular order in a way we have been what we have heard over and over church volunteer. He has mentored unable to do for years.

VerDate Sep 11 2014 03:05 Sep 07, 2018 Jkt 079060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G06SE6.004 S06SEPT1 lotter on DSKBCFDHB2PROD with SENATE September 6, 2018 CONGRESSIONAL RECORD — SENATE S6045 We did this by rejecting the awful whelming bipartisan margins. The Ap- Minibus No. 2 contains four appro- and counterproductive budget ideas propriations Committee has reported priations bills—the Agriculture, Rural from President Trump and his adminis- the remaining three bills, again, with Development, Food and Drug Adminis- tration and by pushing aside poison pill bipartisan support. The end of the fis- tration, and Related Agencies appro- riders that would derail this process— cal year is only a few short weeks priations bill; the Interior, Environ- such as attacks on healthcare, higher away, but looking at the record pace of ment, and Related Agencies appropria- education, public schools, patient pro- our work here in the Senate, there is tions bill; the Financial Services and tections, workers’ rights, and more. no reason we can’t conference all of General Government appropriations I am particularly proud that we were these bills with the House and send all bill; and the Transportation, Housing able to work together and negotiate nine to the President’s desk before Oc- and Urban Development appropriations and pass our LHHS bill through the tober 1. bill. The House plans to appoint con- full Senate, something that has not It would be quite an accomplishment. ferees to this minibus later this after- been done in over a decade. It would show the American people noon, and I encourage the Senate to Our bill makes strong investments in that when it matters, Congress can follow soon thereafter. Let me take families, patients, students, workers, come together and do the job we were these one by one. and the middle class, and it rejects poi- sent here to do. That includes passing The Agriculture appropriations bill is son pill riders. It builds on the strong responsible, thoughtful, and well-con- a win for farmers, families, and rural work we have done to increase access sidered appropriations bills on time communities. Every State in this Na- to childcare and early learning and in- and on budget. tion has rural communities—the Pre- cludes targeted funding to address the When I became vice chairman of Ap- siding Officer does; I do; every State does—and farm economies that benefit opioid epidemic, especially in our un- propriations, with Senator SHELBY as from these important programs. From derserved areas. It includes significant chairman of Appropriations, we clean water programs to investments new resources to address the truly pledged to each other and the Senate in rural broadband and from rural alarming issues of maternal mortality, that we would move these bills in a housing assistance to agricultural re- to help us understand why so many way they had not been moved in years search, this bill touches millions of women in our country are dying as a and that we would do it in a bipartisan Americans all across the country. In result of childbirth and pregnancy and way. It is important that we conference all the wake of the uncertainty and chaos prevent this from happening. The list that has been caused by trade wars and goes on and on. of the bills we have passed in the Sen- ate so far and then send them to the unnecessary tariffs, our farmers and We still have some work to do, but rural communities deserve better than we should be able to get this done in President’s desk. We cannot just pick and choose and say: We will do this one inaction on appropriations. Both the the coming days. I am going to keep House and the Senate have passed their working until we do. However, I am based on political expediency but not this one. That would put us right back versions of the bill. So let’s just get to very concerned that President Trump work and send the conference bill to in the trap in which we had been in continues to threaten to refuse to sign the President. these bills and shut down the govern- past years. We have to show the Amer- The same goes for the Transpor- ment. ican people that the Senate actually tation, Housing and Urban Develop- Just this week, we saw new reports knows how to do its work. The hard ment appropriations bill, which makes that he is talking, once again, about work has been done. We know the critical infrastructure investments shutting down the government to try issues we need to resolve, so now we across the Nation, and we desperately to get the money for his ill-advised and ought to take these bills across the fin- need them. Improving the Nation’s in- wasteful border wall. President Trump ish line. frastructure was one of President It may sound archaic, but let me talk told his voters that Mexico was going Trump’s key campaign promises, but to pay for his wall, so maybe he is talk- about minibus No. 1, which contains instead of proposing realistic solutions, ing about shutting down the Mexican the Energy and Water Development ap- he has criticized the very budget deal Government so that he can get money propriations bill, the Military Con- that has made increases in infrastruc- in Mexican spending bills. But if he is struction and Veterans Affairs and Re- ture possible. Instead of improving our talking about trying to get American lated Agencies appropriations bill, and infrastructure, he has proposed cut- taxpayers to foot the bill, that is not the Legislative Branch appropriations ting—not increasing—funding in his going to happen. bill. It provides much needed resources budget for infrastructure programs. I hope Republicans in Congress will for the support and care of our Nation’s Here we have an opportunity to invest continue to stand with us to stay the veterans and their family members, in our country and to start addressing course on these bipartisan bills. We and it makes critical investments in our crumbling bridges and roads. We have come far in this process by put- our country’s water infrastructure and cannot and should not kick the can ting families first and rejecting at- energy programs. Yesterday, we held a down the road. There is not a single tempts to insert partisanship and poi- public conference with the House of Senator here who cannot point to the son pill riders in all of our spending Representatives on the first minibus, needs of the bridges and roads in his or bills. We need to get this done. and I am pleased to report that we her State. Thank you, Madam President. have made some significant progress. Then we have the Interior bill that I yield the floor. One of the reasons we are successful makes critical investments in pro- I suggest the absence of a quorum. in moving bills in the Senate is that we grams that help to ensure we have The ACTING PRESIDENT pro tem- advance appropriations bills that are clean water to drink and clean air to pore. The clerk will call the roll. free of poison pill policy riders from ei- breathe and that funds our national The senior assistant legislative clerk ther the left or the right. In fact, my parks and other public lands. The Fi- proceeded to call the roll. experience and the experience of many nancial Services bill funds regulatory Mr. LEAHY. Madam President, I ask others tell us that is the only path to agencies that U.S. citizens rely on to unanimous consent that the order for success in the Senate, where we right- protect them from unfair, unsafe, or the quorum call be rescinded. fully need 60 votes to advance legisla- fraudulent business practices, like the The ACTING PRESIDENT pro tem- tion, and it is the only path to success Consumer Product Safety Commission pore. Without objection, it is so or- for conferencing the three minibus and the Federal Trade Commission. dered. bills. I challenge the House Repub- Congress now stands poised to deliver Mr. LEAHY. Madam President, in the licans to come to terms with that re- to the American people, but we have to last few months, the Senate has ality. No one should mistake—and I get moving. Leaving these important achieved record progress in going want to emphasize this—Democratic agencies to limp along in a continuing through our appropriations bills. As we cooperation in the Senate for a sign resolution is unwise and unnecessary. return from the Labor Day weekend, that we will support a conference re- We have laid the groundwork to finish the Senate has already passed 9 of the port that contains poison pills. We will these bills. Now we just need the will 12 Appropriations bills by over- not. to do it.

VerDate Sep 11 2014 03:05 Sep 07, 2018 Jkt 079060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G06SE6.005 S06SEPT1 lotter on DSKBCFDHB2PROD with SENATE S6046 CONGRESSIONAL RECORD — SENATE September 6, 2018 This brings me to minibus No. 3, I have said many times that if we are across the aisle to reach agreement on which contains the Defense appropria- to have a strong national defense, we these bills. The programs funded in tions bill and the Labor, Health and need to have a strong economy, an edu- these bills make a real difference in Human Services, and Education appro- cated and healthy citizenry, and an people’s lives, and they should not be priations bill. It funds our national se- able workforce. The programs that are held up due to partisan differences. curity and many of our domestic prior- funded in the Labor, HHS, and Edu- Let’s do what we were sent here to do ities, and it demonstrates the impor- cation appropriations bill are critical and pass these bills before the start of tance of the bipartisan budget agree- to doing that. The deep ties that run the new fiscal year. We can do it, and ment that was reached earlier this between defense and nondefense prior- we have shown how to do it. year. In this combination of bills, we ities make it fitting that we have pack- I yield the floor. see the priorities that are outlined in aged these two bills together, but they The PRESIDING OFFICER (Mr. that agreement made into real policy have to stay together if we are going to SASSE). The Senator from Oregon. to improve the lives of the American get them across the finish line by Octo- f people. It is not empty rhetoric but ber 1. If they are decoupled, it will de- NOMINATION OF BRETT real policy, and that is why so many stroy the bipartisan process we have KAVANAUGH Republicans and so many Democrats worked so hard to establish, and it will voted for it. not go through. It is possible that the Mr. MERKLEY. Mr. President, the As a result of the bipartisan budget CR will be included in this bill, so it is most important words of our Constitu- deal, the Senate’s Defense appropria- essential that it be bipartisan and free tion are the first three—‘‘We the Peo- tions bill provides the men and women of any controversial matter. ple.’’ It is the mission statement of our of our Armed Forces with the resources Again, the reason we have been so Nation—a nation of the people, by the they need to carry out their missions successful in this Senate in moving ap- people, for the people, as President effectively and safely. This is a goal propriations bills is that we have Lincoln so eloquently stated, not a na- that Republicans and Democrats share worked together. Chairman SHELBY as tion of, by, and for the powerful and as Americans, and I know that in chairman and I as vice chairman have the privileged. working with our House counterparts, worked together. Republicans and Yet the powerful and the privileged we can produce a good bill for our Democrats alike who are on the Appro- are working overtime to undermine our troops and our Nation. priations Committee have worked to- Constitution. Ironically, they are using Then there is the Senate’s Labor, gether. We have cooperated with each the courts to do it. We have seen it HHS, and Education appropriations other. We have met over and over happening all week long as the Judici- bill. I think of the way Senator PATTY again. Each side has shown restraint in ary Committee has barreled ahead with MURRAY has worked so hard with Re- hearings on Judge Brett Kavanaugh’s publicans and Democrats—with all of pursuing issues we have felt strongly nomination to the U.S. Supreme Court. us—to put together a bill that reflects about because to have done so would This is the same Judge Kavanaugh the interests of all of the country. have imperiled the whole process. Look at the investments in There are certain things that I would whose record from 5 years of serving in healthcare and education. It increases have liked in this bill, and there are a Presidential administration is still funding for the National Institutes of certain things my Republican counter- being hidden from the Senate and from Health by $5 billion over fiscal year parts might have liked in the bill, but the people of the United States of 2017. The NIH, the National Institutes we all know that the bill would not America. of Health, is one of the treasures of have gone anywhere if we had done For 5 years, Brett Kavanaugh had the America. It backs our commitment to that. Instead, we have come together ear of the President on a number of increase access to higher education by on those things that can pass. Both critical issues—on how we treat enemy increasing college affordability spend- sides have had to trust the other, as we combatants, conduct wars in Iraq and ing by $2.3 billion over fiscal year 2017. have done, so we could reach agree- Afghanistan, use and expand Executive My family came to Vermont in the ment to move these bills forward. power through signing statements, or mid-1800s. I was the first Leahy to get Let’s finish what we have started in how the authorization for the use of a college degree—my sister, the second. the way we started it—through biparti- military force is utilized. For 5 years, Then, when our children came along sanship and cooperation. That means in the inner circle of America, he had and our grandchildren, we never doubt- the Defense and Labor-HHS bills must been engaged in policy after policy ed it; of course, they would go to col- remain together in one package. We after policy. Yet Chairman GRASSLEY lege. Yet that is not the same for an cannot drop one and finish the other. and the committee Republicans are un- awful lot of people in this country, so That is a nonstarter. Everybody knows willing to allow that record of insights we need this bill. It also increases ac- that. It also means the Senate must on his views to be shared with Senators cess to childcare by $3.2 billion over fis- stand together if the House insists on under advice and consent responsi- cal year 2017, and it invests nearly $3 producing partisan conference reports bility. billion to combat the opioid crisis that that contain poison pill riders. They Then there is this parallel process in has plagued communities across this cannot pass. Finally, it means we have which the documents that are being country. to remain committed to finishing all made available are first being vetted The House did not follow the Sen- three packages of bills and sending by Bill Burck. Who is Bill Burck? He is ate’s bipartisan efforts. The House pro- them to the President. a partisan Republican lawyer who used duced a partisan Labor-HHS bill that If House Republicans decide to delay to work for the nominee. He is the one shortchanged programs for working minibus No. 2 until after the election who has the final say over what the Americans and was loaded with poison and drop the Labor, HHS, and Edu- Senate sees. He is the one who has the pill riders that could never pass in this cation bill from minibus No. 3, it will final say over what documents are re- body—from attacks on the Affordable mean the $18 billion increase for De- leased, not just to the Senate but to Care Act to restrictions on family fense that is assumed in the bipartisan the American people. planning. budget agreement will be enacted while He is the one who decided to release My staff and Senator SHELBY’s staff— the $18 billion increase of nondefense 42,000 pages of documents—not the ones several of us—have been working days programs could be left in the dust—a from those 5 years we are talking and weeks and weekends, and we will clear violation of the bipartisan budget about—just hours before the hearing continue to do that in order to work agreement that was based on parity be- began. Who could possibly review 42,000 out these differences. The differences tween defense and nondefense programs pages the evening or the night before are challenging but are not insur- agreed to by both Republicans and the hearing occurs? It is humanly im- mountable. The reason we have to have Democrats. I predict it could not pass. possible. There we are with a process a compromise is we have to get 60 votes Funding the government is one of our normally headed by the nonpartisan in the Senate, and with this hodge- most basic constitutional responsibil- National Archives, which is still trying podge of poison pills that the House ities. Americans expect us to work to- to do its work but can’t do its work has passed there are not 60 votes. gether, as the U.S. Senate did, and until the end of October to vet these

VerDate Sep 11 2014 03:05 Sep 07, 2018 Jkt 079060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G06SE6.006 S06SEPT1 lotter on DSKBCFDHB2PROD with SENATE September 6, 2018 CONGRESSIONAL RECORD — SENATE S6047 documents. So instead of nonpartisan during his time working in the execu- against clean air, and against clean public servants vetting the documents, tive branch. water. We know he doesn’t believe we have a partisan Republican lawyer, Hearings are supposed to give us a healthcare is a fundamental right in who worked for the nominee, deciding chance to get at some of those issues, the United States. We know he wants what we are going to see in the U.S. but what have we heard? Well, we to strike down Roe v. Wade. We know Senate, what the public and the United heard the same, tired, obligatory re- he has a view of the Presidency that is States is going to see. This is not sponses, such as: I will be a judge who appropriate for a King and a kingdom transparency. This is censorship, and calls balls and strikes. We have heard but not for a President and a republic. censorship is absolutely wrong in nu- that before, and then we have seen the He has this extraordinary view of merous contexts but particularly in in- rightwing judicial activists legislating Presidential power. He doesn’t believe tervening with the responsibility of the from the bench on issue after issue a President can be indicted. He doesn’t Senate. after issue—on workers’ rights, on en- believe a President can even be inves- Instead of integrity, we have deceit. vironmental rights, on consumer tigated. He believes a sitting President Instead of honoring advice and consent rights, on reproductive rights. We can choose to ignore laws passed by responsibility, we are dishonoring that know it is ‘‘umpire’’ before you get Congress if the President says they are fundamental constitutional role. This there, and then suddenly it is a desire unconstitutional, even if the court has is a rigged system, completely and ab- to implement a far-right, anti-Amer- said they are constitutional. solutely rigged through the censorship ican, anti-Constitution philosophy of Think about that for a moment. Here of the documents we see and the block- control by the powerful and privileged, is a judge saying he believes the Presi- ade for the documents we need. undermining the core principle of the dent can ignore what the courts say is As Kristine Lucius, who is a former Constitution of the United States of constitutional and unconstitutional. Judiciary Committee staff director America. You can’t get more expansive Presi- who worked on half a dozen Supreme What else have we heard from Judge dential power than that. Court nominees, said, this process is Kavanaugh? We have heard: Well, that So why was Judge Kavanaugh chosen ‘‘not just breaking the norms. It, is settled law. That is, perhaps, the off of this list of 25 individuals? The an- frankly, is bordering on absurdity.’’ most artificial, phony response we can swer is pretty clear. It is because he is Absurdity, censorship, a complete fail- possibly hear. Why is it artificial and the one who can write a ‘‘get out of jail ure of integrity, that is what is hap- phony? Because when you are on the free’’ card for the President of the pening right this moment during the Supreme Court, the decisions you United States—our President, who is U.S. Senate’s deliberation of the Su- make become the interpretation. You under investigation. He is under inves- preme Court nominee. either reinforce or you unsettle, but tigation for colluding with foreign pow- Not long ago, there was a time when you have no obligation to follow what ers and flaunting our laws to win a na- my Republican colleagues argued for a the courts have done before. tional election. His former campaign full, transparent examination of a The Roberts Court has overturned chairman has been found guilty on nominee’s record before the Senate ‘‘settled precedents’’ time after time eight different criminal charges. His could consider the nomination. When after time, and for a nominee of the former lawyer and fixer pled guilty to Justice Kagan was nominated 8 years Supreme Court to pretend that isn’t eight criminal charges and testified, as ago by President Obama, Members of the case, it means either he is ignorant directed, to make illegal campaign this body, my Republican colleagues, or deliberately deceptive. I don’t think payments at the direction of— said: We stand for the principle of Judge Kavanaugh is ignorant. He drumroll, please—a candidate for Fed- transparency. They said: We need the knows the record. He knows the Su- eral office. Who is this candidate for full record of the nominee’s White preme Court changes prior precedents. Federal office? None other than Presi- House service. He knows they change ‘‘settled law,’’ dent Donald Trump—President Donald Chairman GRASSLEY said on the Sen- and so to evade an issue saying, well, Trump, directing a felony crime. ate floor: ‘‘In order for the Senate to that is settled, is simply to be decep- When one hasn’t been indicted in fulfill its constitutional responsibility tive. that situation, it is referred to as an of advice and consent, we must get all Sometimes, in addition to the hear- unindicted coconspirator. The Water- of her documents from the Clinton Li- ings, we learn some information gate grand jury used that term, brary and have enough time to analyze through a nominee’s meetings with ‘‘unindicted coconspirator,’’ to describe them so we can determine whether she Senators, but Judge Kavanaugh has re- the role President Nixon played in that should be a Justice.’’ fused to answer even the most basic national scandal, and it fits perfectly That was the Kagan standard articu- questions about his jurisprudence, said with the role President Trump is play- lated by my Republican colleagues and Senator SCHUMER, following his own ing today. shared by my Democratic colleagues, a meeting with the nominee. To say that a dark cloud of corrup- standard that was nonpartisan, a Senator SCHUMER went on to say that tion hangs over this administration standard that was bipartisan, and a Mr. Kavanaugh refused to say if Roe v. and hangs over this nomination would standard that was supported by Repub- Wade or Casey v. Planned Parenthood be a massive understatement. Until licans and Democrats for the nomina- were correctly decided because that that cloud is lifted and until this Presi- tion process for a Supreme Court Jus- would actually be to indicate some dent is cleared, this nomination should tice. sense of one’s judicial view, and we are not be considered by this body. The Kagan standard is one Demo- getting nothing. We have already seen that my col- crats supported under a Democratic As Senator SCHUMER said, he couldn’t leagues have flipped their position President and a Republican President. ‘‘recall his level of involvement in a from having a Democratic President to That is called integrity. That is called number of controversies during his a Republican President. They have principle. What we have today is my time in the Bush White House.’’ Here is turned transparency into censorship. Republican colleagues saying: We sup- a thought: If we get the records on his They have taken the Kagan standard ported transparency under a Demo- involvement in the Bush White House, and trashed it. We cannot act as if all cratic President, but we support cen- we will actually know what his is well in the Republic. We cannot act sorship and the blockade of documents thoughts were, and maybe we can jog as if everything is normal. We cannot under a Republican President. That is his memory that he so carefully and act as if this is any other nomination the opposite of principle. That is the conveniently lost somewhere along the put forward by any other President be- opposite of integrity. The Kagan stand- way. The American people deserve in- cause it is not. ard, supported by both sides just a cou- tegrity in this process, and we are not It should be clear to all of us that ple of years ago, should be the standard getting it. this nomination should not go forward we all support today. We do know a fair amount from his until the Mueller investigation is con- We can’t fully evaluate Kavanaugh’s previous public decisions. We know he cluded. I know my colleagues are not record if we don’t have the full record likes to legislate from the bench prepared to take that stand, but surely of his involvement on so many issues against workers, against consumers, we can agree that the Senate cannot

VerDate Sep 11 2014 03:05 Sep 07, 2018 Jkt 079060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G06SE6.008 S06SEPT1 lotter on DSKBCFDHB2PROD with SENATE S6048 CONGRESSIONAL RECORD — SENATE September 6, 2018 perform its advice and consent while traffic cop, where everything that goes to fight this opioid addiction. That is our hands are tied by a partisan vet- into the Oval Office and everything smart. There are smart ways for us to ting process, hiding hundreds of thou- that comes out is coordinated and dis- fight this opioid epidemic. We know sand documents from the Senate and seminated properly. But those weren’t that, and we are beginning to do that. from we the people. his documents. Yes, it is not appro- At the Federal level we can play a I call upon my colleagues to rise priate to see all of those documents. role in this, among other things, by from this low point of censorship and That would be, by the way, millions of taking better practices from around the trashing of the responsibility of ad- additional pages—millions. But the the country and ensuring they are vice and consent. Stand up for the 488,000 pages that have been provided— being used back home in our States. I same principles you stood up for just a including all of the documents from his have seen this firsthand because I have couple of years ago, when you de- legal positions where he was a judge, been around the State of Ohio a lot manded the full record for the Senate where he was an associate counsel in since this legislation actually passed. I to undertake its investigation into a the White House—those have all been have actually visited more than a nominee. Bring courage and integrity provided. That is good, and we should dozen grant recipients of CARA and into this process. Publicly refuse to look at them and look at them care- Cures grants to see what they are doing proceed until we the Senate and we the fully. and then spreading that around to people have the full set of documents It is not about the documents. It is other communities—maybe commu- about this individual’s records. To do about some fundamental differences nities that haven’t been able to get the any less is to bring shame and injustice about philosophy. I like his philosophy. grants but want to see something inno- upon this body that I believe in so He says that you shouldn’t legislate vative to be able to push back. strongly, a responsibility of advice and from the bench and that you should be Last Friday I visited Hope Village Recovery Center in Portage County, consent that I believe in so strongly, independent as a judge and be fair. OH. They received more than $500,000 and a responsibility that my colleagues He is totally qualified. The American in CARA funding to expand a badly believed in so strongly just a couple of Bar Association is sometimes criticized needed medication-assisted treatment years ago. by Republicans as being too far to the Let’s stand together, as we stood to- left. It just said that he is ‘‘eminently program. They decided to look at this in a very comprehensive way, and it is gether just a couple of years ago, qualified.’’ In fact, they gave him their working. They are getting people who Democrats and Republicans, demand- highest rating, and they gave it unani- normally wouldn’t step up for treat- ing transparency and integrity. Let mously. This just happened last Fri- ment to come for treatment, and their this not be the moment when my col- day. Not everybody knows this. This success rate for getting people through leagues fail to uphold their constitu- person is not just qualified. I believe he treatment and not relapsing is rel- tional responsibilities. is as qualified as anybody in the coun- atively high. That is so important Thank you. try to be on the U.S. Supreme Court. I right now, because if you don’t get peo- The PRESIDING OFFICER. The Sen- am looking forward to having the op- ple into treatment with an addiction, ator from Ohio. portunity to have this vote here on the which is a disease, you are not going to Mr. PORTMAN. Mr. President, first, floor. I hope it can be bipartisan, as it I would like to comment briefly on the be able to solve this problem. has been for the nominees that Presi- The comprehensive approach in- last two speeches. The first was from dent Obama brought forward, including cludes treatment, counseling, out- Senator LEAHY. He talked about the then-Solicitor General Kagan and patient treatment, aftercare services, appropriations process. I commend Judge Sotomayor. They were big bipar- peer support—and these are coaches him, as I did on the floor today in per- tisan votes. Let’s get back to that who are in recovery themselves, and son, for the work he has done with Sen- when somebody is as qualified as this that is very effective—and transpor- ator SHELBY and others to actually candidate clearly is. tation services to get people back and move these appropriations bills, these f forth. This holistic approach is what spending bills, through the process. For OPIOID EPIDEMIC we need to help people begin to heal, the first time in a couple of decades, we get over their addiction, get back to have the opportunity to actually get Mr. PORTMAN. Mr. President, I wish their families, back to work, and back our work done. It is incredibly impor- to speak about this issue of opioids and to achieving their God-given purpose in tant for all the right reasons, including the crisis our country faces. life, which is not to be an addict using Just in the last couple of weeks we having proper oversight of the Federal these drugs. agencies and departments. He deserves have gotten reports from the Centers Last week I also visited CommQuest credit for that. for Disease Control from last year’s Recovery Services in Stark County, My colleague from Oregon just data on overdoses and deaths: 72,000 OH, to see their new program, an inno- talked for a moment about the Americans lost their lives to overdoses vative program called the ‘‘mom and Kavanaugh hearings. He talked about last year from drugs. Most of those me program.’’ These are moms who the fact that he believes there is not were from opioids. This is heroin, pre- want to help to get over their addic- enough information out about Brett scription drugs, and, now, these syn- tion. They are struggling. This pro- Kavanaugh. Let me just say this. There thetic opioids—72,000 Americans. gram allows them to come on board to has never been more information about In the wake of that, it is encouraging this facility that I got to see, to be able any nominee to the Supreme Court, to me to hear the Senate talking about to have some of the loving support and ever, in the history of our country. In the possibility of bringing a package of care from people around them, but also fact, there are more pages of docu- legislation to the floor that will help to to have their kids come with them. ments that have been provided on push back against this crisis and begin This is very unusual. Very few treat- Brett Kavanaugh than for the past five to turn the tide. We have to do it—not ment centers in the country allow chil- Supreme Court confirmations com- just talk about it. We have to act be- dren to come into the treatment pro- bined—over 450,000 pages. cause this crisis is upon us and is very gram. We have found through evidence- Maybe my colleagues who raised real. based programs looking at this that, in these concerns decided a long time ago These new efforts that we should fact, if you allow the kids in there and they were going to vote no and said move forward on would build on what there is proper supervision, it helps. It they are and that is fine, but I don’t this Senate has already done with re- helps the mothers heal. It helps the think you can blame it on the fact that gard to the Comprehensive Addiction kids to be able to heal. there isn’t enough documentation. and Recovery Act, or the CARA legisla- So this is an innovative program that I know what they went, and I under- tion, which is now being implemented I think is going to end up with great stand why they would want it. What in my State of Ohio and around the results. They are just getting started they want is the documents that went country. There is also the Cures legis- on it, but it is going to foster the kind through his office when he was Staff lation, or the 21st Century Cures Act. of success that we want to see. Secretary, which is a job at the White It has some additional provisions that Programs like these are working. Yet House where you are kind of like the allow States to take funding and use it the epidemic seems to be getting

VerDate Sep 11 2014 03:05 Sep 07, 2018 Jkt 079060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G06SE6.009 S06SEPT1 lotter on DSKBCFDHB2PROD with SENATE September 6, 2018 CONGRESSIONAL RECORD — SENATE S6049 worse. Why is that? Well, because we some of these deaths that we talked The information tells law enforce- need to do more of this evidence-based about, the 72,000—or even deaths that ment what they need to be able to pull stuff. We need to be sure that every occurred to people who thought they these packages off if it is provided. Yet, community has the opportunity to pro- were taking cocaine or methamphet- unbelievably, all of the private carriers vide treatment because a lot of people amine or something else—often it is be- are required to do it and have been still can’t get treatment. We need to cause the fentanyl has been sprinkled since 9/11. encourage people not to go down this into these drugs and the fentanyl is The post office has been spared. The funnel of addiction by much more ef- what is causing the overdoses and the thought was that the post office should fective and stronger prevention and deaths. It is 50 times more powerful, as study the issue. Well, I am waiting for education programs. There are things I said, and that is the new scourge of the report. we have to do. the opioid epidemic. Meanwhile, because of pressure from CARA 2.0, or the Comprehensive Ad- From 2013 to 2017, fentanyl overdose the Congress, the U.S. Postal Service is diction and Recovery Act 2.0, is how it deaths have increased nationally by 850 starting to look at some of these pack- was introduced. That legislation that I percent. ages. Last year, they now testified be- have introduced will ensure that those As coroners’ reports for 2017 continue fore us in the subcommittee, they did programs that are working get addi- to come in throughout my home State receive data on about 36 percent of the tional help so that the States can do of Ohio, fentanyl now appears to be in- international packages—not 100 per- even more by leveraging some of these volved in two-thirds of the deaths in cent as these other carriers have to do, Federal dollars to be able to do more Ohio. So those are record numbers, and but 36 percent. But that means that with the private sector and with the two-thirds are from fentanyl. That is more than 318 million packages—318 States to be able to turn this tide of consistent with what I am hearing on million packages—are coming in with addiction. the frontlines. little or no screening at all and with- I talked about the 72,000 lives lost Unbelievably, we know where it is out this data. last year. That was a record number. coming from, and we are not doing Even when the post office conducted Here is a map of the States. This is a enough to stop it. It is being made in a pilot program to screen for these map of the changes in overdose deaths laboratories in China, primarily, and in drugs, by the way, 80 percent of the from last year. If it is a purple or blue other countries and shipped into the time, they testified, these packages State, that means they are doing a lit- United States through our own U.S. that were targeted by Customs and tle better. Look at this map. Almost Postal Service, a government agency. Border Protection were able to be every State, unfortunately, is not pur- We conducted an 18-month investiga- pulled off, but 20 percent of the time tion into this issue in the sub- ple or blue. These States that are tan they did not get the information to law committee that I chair called the Per- and brown, like my home State of enforcement. Also, in many cases, the manent Subcommittee on Investiga- Ohio, indicate an actual increase in information provided was not useful to tions. We did a thorough study. We had opioid deaths last year. law enforcement. So we need to ensure it is 100 percent Why is this? I think one of the main undercover people working with us. We of these packages. We need to ensure reasons for this is because there is a went on the websites to find out what that all of this information is getting new danger afoot. There is a new surge is happening. We found out how easy it is to purchase fentanyl online and have to law enforcement, and we need to be in drugs. It is very powerful. It is 50 it shipped to the United States. sure that the information is useful and times more powerful than heroin. It is Based on our undercover investiga- legible. very inexpensive. It is coming pri- tion, these drugs can be found through The bipartisan STOP Act is actually marily from China and coming pri- a simple Google search, and overseas an answer to this. The STOP Act is marily through our U.S. Postal Serv- sellers we accessed through an under- very simple. My coauthor of the STOP ice, if you can believe it. It is called cover investigator essentially told us Act is Senator AMY KLOBUCHAR from synthetic opioids. Fentanyl is the they will guarantee the delivery if this Minnesota. As we have both said, this name that most of it is called. Some of poison is sent through the U.S. Postal is a simple, commonsense, and, quite it is called Carfentanil and other de- Service. They will not guarantee it if it frankly, long overdue reform. It simply rivatives, but this fentanyl—this syn- goes through a private carrier like says: Let’s hold the post office to the thetic opioid—is now the biggest prob- UPS, FedEx, or DHL. same standard to which we hold these lem we have in our States. This is the Why is that? It is because the private private carriers. Let’s say they have to growing crisis. carriers are required to provide law en- provide this data to law enforcement so Here is a chart that shows what has forcement with big data, or electronic that we can begin to address this issue happened just since 2015 until now. It data, in advance as to what the pack- and push back to keep this poison out shows that, in fact, ages are, where they are coming from, of our communities. methamphetamines, other opioids, her- where they are going, and what is in This bill has been approved for a oin, cocaine are all relatively flat. But them. Law enforcement can then use floor vote on the Republican side. I look at this big increase. The big in- big data, use their algorithms, figure think it is very close to being approved crease is with synthetic opioids. When out which packages are suspect, and for a floor vote on the Democratic side. you look at those 72,000 deaths from get them off the line. I have seen it. I We are very close to a consent agree- last year, the majority of them were have been in those facilities. I have ment to get this broader opioids pack- from opioids. Again, increasingly, it is seen big packages being taken off and, age I talked about to the floor as well. from these synthetic opioids. therefore, lives being saved. At a min- I am very pleased that we are taking What I hear on the frontlines in imum, this will increase the cost on up that package this month. We need Ohio—whether it was at this Hope Vil- the street. to ensure that whatever concerns peo- lage Recovery Center that I talked What is the ultimate answer to this? ple have, they are very frank about it. about or the CommQuest facility—is It is prevention, education, a change in We have to get the politics out of this, that unless we combat that influx of our hearts and in our families, better folks. We have to be sure that we are fentanyl, we are not going to be able to treatment so that people who have this moving forward, as we have been able turn the tide, because despite some of disease can get the treatment just like to do on the CARA legislation and the the good programs and the good work another illness they might have, and CURES legislation, not just on a bipar- that is being done with these programs, dealing with this issue of longer term tisan basis but on a nonpartisan basis, we are being overrun with fentanyl. recovery, which leads to more success because this scourge is affecting all of Over the past week alone, in the Co- in treatment. our constituents and it is one that we lumbus, OH, area, the Franklin County Those are all essential, but right now have to address here at the Federal coroner has handled 18 overdose deaths, we have to put a tourniquet on this, level to help our States, to help our and 5 were within 24 hours. There were folks. We have to stop the fentanyl communities, and to help our families 18 deaths, and 5 were within 24 hours. from flooding into our country. Look to be able to respond. Imagine that. The cause, the coroner at what it is doing. There is an 850-per- The broader opioid package we suspects, is fentanyl. If you look at cent increase. talked about would include the STOP

VerDate Sep 11 2014 03:05 Sep 07, 2018 Jkt 079060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G06SE6.010 S06SEPT1 lotter on DSKBCFDHB2PROD with SENATE S6050 CONGRESSIONAL RECORD — SENATE September 6, 2018 Act, but it also would include some the following nomination which the [Rollcall Vote No. 203 Ex.] other important legislation. It will in- clerk will report. YEAS—60 clude a number of provisions from The legislative clerk read the nomi- Alexander Flake McCaskill CARA 2.0, such as national recovery nation of Marilyn Jean Horan, of Penn- Barrasso Gardner McConnell housing standards and recovery sup- sylvania, to be United States District Blunt Graham Murkowski Boozman Grassley Paul port programs for high school and col- Judge for the Western District of Penn- Capito Hatch Portman lege students struggling with addic- sylvania. Cassidy Heitkamp Reed tion, which have worked really well in Thereupon, the Senate proceeded to Collins Heller Risch Ohio. It will include $60 million for a consider the nomination. Coons Hoeven Roberts Corker Hyde-Smith Rounds plan of safe care for babies who are The PRESIDING OFFICER. The Cornyn Inhofe Rubio born dependent on substances. These question is, Will the Senate advise and Cotton Isakson Sasse babies are born with what is called neo- consent to the Horan nomination? Crapo Johnson Scott The nomination was confirmed. Cruz Jones Shelby natal abstinence syndrome. These are Daines Kennedy Sullivan innocent, small babies who are often f Donnelly King Tester born premature. Duckworth Kyl Thune EXECUTIVE CALENDAR I have been in neonatal units around Durbin Lankford Tillis The PRESIDING OFFICER. The Enzi Leahy Toomey our hospitals in Ohio, and I have seen Ernst Lee Wicker these babies. It is so sad. They have to clerk will report the next nomination. Fischer Manchin Young be taken through withdrawal as tiny The legislative clerk read the nomi- NAYS—35 babies. We need to ensure that we do a nation of William F. Jung, of Florida, better job of preventing this by work- to be United States District Judge for Baldwin Hassan Schatz Bennet Heinrich Schumer ing with the moms as they become the Middle District of Florida. Blumenthal Hirono Shaheen pregnant and by ensuring that these Thereupon, the Senate proceeded to Booker Kaine Smith kids get the help they need. consider the nomination. Brown Klobuchar Stabenow The PRESIDING OFFICER. The Cantwell Markey Udall It also includes the CRIB Act, bipar- Cardin Menendez question is, Will the Senate advise and Van Hollen tisan legislation that would help Carper Merkley Warner Casey Murphy newborns suffering from addiction re- consent to the Jung nomination? Warren Cortez Masto Murray The nomination was confirmed. Whitehouse cover in the best care setting and pro- Feinstein Peters Wyden vide support for their families. f Gillibrand Sanders Again, this has been bipartisan. I EXECUTIVE CALENDAR have worked with Members on both NOT VOTING—5 sides of the aisle on the CRIB Act. It The PRESIDING OFFICER. The Burr Moran Perdue Harris Nelson helps to ensure that these babies, when clerk will report the next nomination. they are born with this neonatal absti- The legislative clerk read the nomi- The nomination was confirmed. nence syndrome, can get the care they nation of Kari A. Dooley, of Con- need. It is working for these organiza- necticut, to be United States District f tions that are doing it, but they need Judge for the District of Connecticut. Thereupon, the Senate proceeded to help—specifically, Medicaid reimburse- EXECUTIVE CALENDAR ment that they cannot get currently. consider the nomination. The bill also reauthorizes a number The PRESIDING OFFICER. The The PRESIDING OFFICER. The of other important programs that have question is, Will the Senate advise and clerk will report the next nomination. a proven record of success, like the Of- consent to the Dooley nomination? The senior assistant legislative clerk fice of National Drug Control Policy, The nomination was confirmed. read the nomination of Charles J. Wil- drug courts, drug-free communities f liams, of Iowa, to be United States Dis- trict Judge for the Northern District of prevention grants, and the high-inten- EXECUTIVE CALENDAR sity drug trafficking areas grants, Iowa. where law enforcement is focusing on The PRESIDING OFFICER. The The PRESIDING OFFICER. The drug interdiction in some of the worst clerk will report the next nomination. question is, Will the Senate advise and areas of our country for drug use and The legislative clerk read the nomi- consent to the Williams nomination? drug addiction. nation of Dominic W. Lanza, of Ari- Mr. MENENDEZ. I ask for the yeas The STOP Act must be part of that zona, to be United States District and nays. Senate bill, as well, because, again, Judge for the District of Arizona. The PRESIDING OFFICER. Is there a anything we offer to help deal with this The PRESIDING OFFICER. The sufficient second? question is, Will the Senate advise and issue of opioids has to include stopping There appears to be a sufficient sec- consent to the Lanza nomination? the fentanyl from coming in. ond. Mr. WHITEHOUSE. I ask for the yeas It is time for Congress to move. This The clerk will call the roll. should be noncontroversial. It is com- and nays. The PRESIDING OFFICER. Is there a The senior assistant legislative clerk mon sense. We know where these drugs called the roll. are coming from, we know they are sufficient second? There appears to be a sufficient sec- Mr. CORNYN. The following Senators devastating our communities, and we are necessarily absent: the Senator know how we can stop this deadly ond. The clerk will call the roll from North Carolina (Mr. BURR), the trend. Let’s pass the STOP Act. Let’s Senator from Tennessee (Mr. CORKER), pass this broader opioid package as The bill clerk called the roll. Mr. CORNYN. The following Senators the Senator from Texas (Mr. CRUZ), the soon as possible. Senator from Montana (Mr. DAINES), The PRESIDING OFFICER. The Sen- are necessarily absent: the Senator from North Carolina (Mr. BURR), the the Senator from Oklahoma (Mr. ator’s time has expired. INHOFE), the Senator from Kansas (Mr. Mr. PORTMAN. Let’s give Americans Senator from Kansas (Mr. MORAN), and the Senator from Georgia (Mr. MORAN), and the Senator from Georgia who are fighting addiction a chance to (Mr. PERDUE). live up to their God-given potential. PERDUE). Mr. DURBIN. I announce that the Mr. DURBIN. I announce that the f Senator from California (Ms. HARRIS) Senator from Florida (Mr. NELSON) and EXECUTIVE SESSION and the Senator from Florida (Mr. NEL- the Senator from New Hampshire (Mrs. SON) are necessarily absent. SHAHEEN) are necessarily absent. The PRESIDING OFFICER. (Mr. The PRESIDING OFFICER. Are there EXECUTIVE CALENDAR HELLER). Are there any other Senators any other Senators in the Chamber de- The PRESIDING OFFICER. Under in the Chamber desiring to vote? siring to vote? the previous order, the Senate will pro- The result was announced—yeas 60, The result was announced—yeas 79, ceed to executive session to consider nays 35, as follows: nays 12, as follows:

VerDate Sep 11 2014 03:05 Sep 07, 2018 Jkt 079060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G06SE6.012 S06SEPT1 lotter on DSKBCFDHB2PROD with SENATE September 6, 2018 CONGRESSIONAL RECORD — SENATE S6051 [Rollcall Vote No. 204 Ex.] The PRESIDING OFFICER. The The PRESIDING OFFICER. Without YEAS—79 question is, Will the Senate advise and objection, it is so ordered. Alexander Flake Murphy consent to the Albright nomination? f Baldwin Gardner Murray The nomination was confirmed. GUATEMALA Barrasso Graham Paul The PRESIDING OFFICER. Under Bennet Grassley Portman Mr. LEAHY. Mr. President, the deci- Blumenthal Hassan the previous order, the motions to re- Reed sion, announced last Friday, by Guate- Blunt Hatch Risch consider are considered made and laid Boozman Heinrich Roberts upon the table. malan President Jimmy Morales to not Brown Heitkamp Rounds renew the International Commission Cantwell Heller The President shall be immediately Rubio Capito Hirono notified of the Senate’s actions. Against Impunity in Guatemala, Sasse Cardin Hoeven The majority leader. CICIG, after its current term expires Carper Hyde-Smith Schumer next September, was a profound mis- Casey Isakson Scott f Shelby take. Cassidy Johnson LEGISLATIVE SESSION Collins Jones Smith That mistake was further com- Coons Kaine Sullivan Mr. MCCONNELL. Mr. President, I pounded on Tuesday when the govern- Cornyn Kennedy Tester move to proceed to legislative session. ment announced that the CICIG Com- Cortez Masto King Thune Cotton Klobuchar Tillis The PRESIDING OFFICER. The missioner, Ivan Velasquez, a respected Crapo Kyl Toomey question is on agreeing to the motion. Colombian jurist, had been summarily Donnelly Lankford Udall The motion was agreed to. declared a ‘‘national security threat’’ Duckworth Leahy Van Hollen and barred from reentering the coun- Durbin Lee f Warner try. That is the kind of fear-provoking Enzi Manchin Whitehouse EXECUTIVE SESSION Ernst McCaskill Wicker mischaracterization one might expect Feinstein McConnell Young from an authoritarian government that Fischer Murkowski will use any outlandish justification to EXECUTIVE CALENDAR NAYS—12 silence its critics but not from a de- Booker Menendez Schatz Mr. MCCONNELL. I move to proceed mocracy. Gillibrand Merkley Stabenow to executive session to consider Cal- I urge President Morales to recon- Harris Peters Warren endar No. 1013. Markey Sanders Wyden sider and to reverse these actions for The PRESIDING OFFICER. The the benefit of the Guatemalan people, NOT VOTING—9 question is on agreeing to the motion. in the interests of justice and on behalf Burr Daines Nelson The motion was agreed to. of Guatemala’s relations with the Corker Inhofe Perdue The PRESIDING OFFICER. The Cruz Moran Shaheen United States and its international clerk will report the nomination. reputation. There may still be time to The nomination was confirmed. The senior assistant legislative clerk turn this political and judicial crisis f read the nomination of Charles P. into a positive outcome for the coun- EXECUTIVE CALENDAR Rettig, of California, to be Commis- try. sioner of Internal Revenue for the term At the time of his public announce- The PRESIDING OFFICER. The expiring November 12, 2022. ment to not renew CICIG, President clerk will report the next nomination. Morales was joined on the podium by The senior assistant legislative clerk CLOTURE MOTION dozens of uniformed military and po- read the nomination of Robert R. Mr. MCCONNELL. Mr. President, I lice officers. At the same time, mili- Summerhays, of Louisiana, to be send a cloture motion to the desk. tary vehicles carrying officers armed United States District Judge for the The PRESIDING OFFICER. The clo- with heavy weapons—vehicles provided Western District of Louisiana. ture motion having been presented Thereupon, the Senate proceeded to under rule XXII, the Chair directs the by the United States for legitimate law consider the nomination. clerk to read the motion. enforcement purposes—lined the street The PRESIDING OFFICER. The The senior assistant legislative clerk in front of CICIG’s office. They also question is, Will the Senate advise and read as follows: drove past the Constitutional Court and the U.S. Embassy. It was an in- consent to the Summerhays nomina- CLOTURE MOTION timidating display reminiscent of the tion? We, the undersigned Senators, in accord- The nomination was confirmed. ance with the provisions of rule XXII of the 1970s and 1980s, and the intended mes- sage was clear: The commanders of f Standing Rules of the Senate, do hereby move to bring to a close debate on the nomi- Guatemala’s security forces—which in EXECUTIVE CALENDAR nation of Charles P. Rettig, of California, to recent years have been reliable part- The PRESIDING OFFICER. The be Commissioner of Internal Revenue for the ners with the United States—have clerk will report the next nomination. term expiring November 12, 2022. sided with those in power to shut down Mitch McConnell, Joni Ernst, John Booz- The senior assistant legislative clerk the only credible mechanism for com- man, Shelley Moore Capito, Johnny bating the corruption and impunity read the nomination of Eric C. Tostrud, Isakson, David Perdue, Roger F. of Minnesota, to be United States Dis- Wicker, John Hoeven, John Cornyn, that plague that country. trict Judge for the District of Min- Mike Rounds, Orrin G. Hatch, Roy Not yet determined is the fate of nesota. Blunt, John Barrasso, Deb Fischer, Rob CICIG’s 45 or so international lawyers Thereupon, the Senate proceeded to Portman, Thom Tillis, Tom Cotton. and investigators, whose work permits consider the nomination. Mr. MCCONNELL. I ask unanimous have expired. If Commissioner The PRESIDING OFFICER. The consent that the mandatory quorum Velasquez is not allowed to return and question is, Will the Senate advise and call be waived. CICIG’s other employees are forced to consent to the Tostrud nomination? The PRESIDING OFFICER. Without leave the country, CICIG will, for all The nomination was agreed to. objection, it is so ordered. practical purposes, cease to exist. President Morales’s decision to do f f away with CICIG in a manner that the EXECUTIVE CALENDAR LEGISLATIVE SESSION U.N. Secretary General says ‘‘does not The PRESIDING OFFICER. The appear to be consistent with the Agree- clerk will report the next nomination. ment on the establishment of CICIG’’ The senior assistant legislative clerk MORNING BUSINESS was reportedly precipitated by a deci- read the nomination of Alan D. Mr. MCCONNELL. Mr. President, I sion of the Supreme Court, days ear- Albright, of Texas, to be United States ask unanimous consent that the Sen- lier, to refer to Congress a petition by District Judge for the Western District ate proceed to legislative session for a the Attorney General and CICIG to lift of Texas. period of morning business, with Sen- President Morales’s immunity for vio- Thereupon, the Senate proceeded to ators permitted to speak therein for up lating campaign financing laws. It ap- consider the nomination. to 10 minutes each. pears that President Morales is more

VerDate Sep 11 2014 03:05 Sep 07, 2018 Jkt 079060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\A06SE6.012 S06SEPT1 lotter on DSKBCFDHB2PROD with SENATE S6052 CONGRESSIONAL RECORD — SENATE September 6, 2018 concerned with his own legal vulner- survival of CICIG—is threatened by the can-American students to attend West ability and that of his supporters than corrupt influences of organized crime. Virginia University. upholding the institutions of justice. Like any institution, CICIG is not After starting a family, Katherine It is also increasingly apparent that without imperfections. Several con- found work at the West Area Com- this attack on CICIG is only part of a structive reforms have been proposed, puting section of the National Advi- broader attempt that has been gaining and I have encouraged CICIG, the sory Committee for Aeronautics’ Lang- steam over the better part of a year to United Nations, and the Guatemalan ley laboratory, headed by fellow West destroy the independence of the con- Government to find a way forward that Virginian Dorothy Vaughan. The 1957 stitutional court, weaken civil society, strengthens oversight and trans- launch of the Soviet satellite, Sputnik, intimidate human rights defenders and parency while preserving CICIG’s man- changed history—and Katherine’s life. journalists, and undermine the rule of date and protecting the Commissioner Her work on the equations to describe law. It is an existential confrontation from political interference. While that an orbital spaceflight in which the between the forces of corruption and process has been eclipsed by recent landing position of the a spacecraft is impunity and Guatemala’s fledgling ju- events, there is still time to resurrect specified led to Katherine being the dicial institutions. it. The United Nations, the United first woman recognized as an author of Ever since CICIG was established 11 States, other governments that have a report from the flight research divi- years ago to help combat the pervasive supported CICIG, and the Guatemalan sion. corruption, infiltration by organized Government should urgently resume As NASA prepared for the orbital crime, and near total impunity in Gua- discussions to achieve such a solution. mission with John Glenn in 1962, Kath- temala, the State Department and the Ultimately, if other attempts fail, erine was famously asked to run the U.S. Embassy have consistently sup- the future of CICIG, of its Commis- orbital equations controlling the ported CICIG, as have Republicans and sioner and employees, and of the rule Friendship 7 trajectory by hand in case Democrats in Congress. We are all fa- of law in Guatemala—not just under of a mechanical computing error. Kath- miliar with the historical links be- President Morales who has just over a erine has recalled John Glenn saying tween organized crime, drug traf- year left to serve but also in the years that, if she said the numbers were fickers, Guatemala’s security forces, ahead—will be in the hands of the Gua- good, then he was good to go. The mis- and public officials. It has been widely temalan people, the judiciary, and the sion was a success and marked a tre- recognized by the Guatemalan people Congress. As a former prosecutor and mendous turning point in the competi- that, because of CICIG and Guate- the senior member of our Judiciary tion between the United States and the mala’s Public Ministry, working to- Committee, I have long recognized that Soviet Union in space. gether, the cause of justice—including an independent judiciary is a corner- Katherine’s story inspired the book, convictions of corrupt senior govern- stone of democratic government. It is ‘‘Hidden Figures,’’ by Margot Lee ment officials—has been significantly what gives practical meaning to the Shetterly and also the Oscar-nomi- enhanced. Without CICIG, these phrase ‘‘rule of law,’’ which is funda- nated film of the same name. achievements would not have been pos- mental to strengthening democracy. Recently, 46 of my colleagues and I sible. To its credit, Guatemala’s constitu- introduced the Hidden Figures Con- On Saturday, September 1, Secretary tional court has displayed that inde- gressional Gold Medal Act, which Pompeo responded to President pendence in the past. That independ- would award Congressional Gold Med- Morales’s announcement with a bizarre ence is needed today. als to Katherine, Dorothy Vaughan, tweet that did not even mention CICIG. As a result of President Morales’s ac- Mary Jackson, and Dr. Christine Dar- Instead, the Secretary expressed appre- tions, security cooperation with Guate- den in recognition for their contribu- ciation for Guatemala’s ‘‘efforts in mala and loans from international fi- tions to NASA’s success during the counternarcotics and security.’’ That nancial institutions are now in jeop- space race. In 2015, President Obama is a bit like being told that the court- ardy. That is not in the interests of awarded her the Presidential Medal of house is on fire and responding that Guatemala or the United States. Rec- Freedom, America’s highest civilian the stock market is up. The State De- ognizing what is at stake and in sup- honor. partment should condemn what is oc- port of the courageous Guatemalans A bronze statue in Katherine’s honor curring in Guatemala, reaffirm its sup- who are defending the Constitution and now stands on the campus of West Vir- port for CICIG and Commissioner the rule of law, I will not support the ginia State University. It is my hope Velasquez, and make clear that corrupt expenditure of U.S. funds for assistance that the students who pass it every day Guatemalan officials will be sanctioned for the Guatemalan Government under will be reminded of Katherine’s legacy under U.S. law. Otherwise, it will share the Alliance for Prosperity, including and will be inspired to keep their pas- complicity in the unraveling of years for the military and police forces, until sion for knowledge alive. of U.S. investment in CICIG and in ju- the fate of CICIG and Commissioner Every one of our female leaders in dicial and law enforcement reform in Velasquez is satisfactorily resolved. West Virginia are the epitome of Guatemala. f strength, leadership, and advancement Perhaps the State Department is in their fields. They serve as inspiring worried that, if President Morales is TRIBUTE TO KATHERINE JOHNSON role models for the next generation, prosecuted and convicted of campaign Mr. MANCHIN. Mr. President, Today and that is due in great part to the financing violations and removed from I wish to honor a White Sulphur women who broke ground in genera- office the way his predecessor was, U.S. Springs native who not only completed tions past. Because of the accomplish- security cooperation with Guatemala groundbreaking work at NASA during ments of intellectual leaders such as might suffer. What it really should be the space race, but who also broke the Katherine, more young women have worried about is what will happen to barriers of race and gender during a and will blaze their own trails in the the fight against corruption and orga- critical time in our Nation. fields of science, math, engineering, nized crime if President Morales suc- Katherine Coleman Goble Johnson and technology and will continue to ceeds in dismantling CICIG. If the was blessed with a natural talent for make our State and entire Nation country loses its most effective mathematics which far exceeded that proud. anticorruption institution, the of her peers. By the age of 13, Kath- It is an honor to recognize progress that has been made in recent erine was already attending high Katherine’s legacy and to wish her the years in strengthening the rule of law school on West Virginia State College’s very best as we celebrate her 100th is likely to be reversed, allowing drug campus where, in 1937, she received a birthday. cartels and other criminal organiza- B.S. in both mathematics and French. f tions to grow unchecked. This is par- In 1939, when West Virginia began to ticularly alarming with national elec- integrate its graduate schools, West TRIBUTE TO ANNE HOUSER tions in Guatemala scheduled for next Virginia State’s president, Dr. John Mrs. MURRAY. Mr. President, as year. The integrity of Guatemala’s Davis, personally selected Katherine ranking member on the Senate Appro- democratic process—not simply the and two male students as the first Afri- priations Subcommittee on Labor,

VerDate Sep 11 2014 03:05 Sep 07, 2018 Jkt 079060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\A06SE6.041 S06SEPT1 lotter on DSKBCFDHB2PROD with SENATE September 6, 2018 CONGRESSIONAL RECORD — SENATE S6053 Health and Human Services, Edu- equipment, providing access to water, RECOGNIZING THE WINNETT cation, and Related Agencies, I would and more. Their legacy of outstanding, LION’S CLUB like to recognize a public servant deep- dedicated service remains a hallmark ∑ Mr. DAINES. Mr. President, this ly committed to protecting and im- of the battalion. week I have the honor of recognizing proving the health of the American Veterans who served in the battalion the Winnett Lion’s Club for their im- people, Ms. Anne Houser. Anne will re- are gathering in Idaho Falls on Sep- pact on Petroleum County and sur- tire in January, after a distinguished tember 14–15, 2018. As they join with rounding communities. 48–year career at the National Insti- their fellow veterans and family and Over the past 3 years, the Winnett tutes of Health, where she has for share memories and life experiences, Lion’s Club has serviced rural commu- many years been the principal liaison we thank them for their service to our nities through free visionary health with the Appropriations Committees. Nation. We wish veterans of the 116th screenings. This preventative care aids Over the course of her career, Anne Combat Engineer Battalion, your fami- in catching Ambylopia, an easily treat- has worked for eight NIH Directors, lies, and loved ones all the best for an able disease during childhood. performing the essential but often enjoyable reunion and honor you for I just 3 years, the Winnett Lion’s overlooked role of helping the commit- your remarkable service to our coun- Club has served over 3,000 children and tees understand the agency’s research try.∑ has traveled over 2,500 miles to help and funding needs. It is the kind of rural communities. The Winnett Lion’s low-key work that takes place behind f Club has served children from Head- the scenes, but has been essential to start, Child Find programs, local public building the case in Congress for sus- schools, colony-based schools, and busi- tained increased investment in medical TRIBUTE TO CHARLES GARLAND SCHWAB ness fairs. They have gone above and research. No matter the issue, or the beyond to support the children in their time of the day or night that it might ∑ Mr. DAINES. Mr. President, I have surrounding communities. arise, Anne has always been there, sup- the honor of recognizing Charles Gar- I congratulate the Winnett Lion’s porting the case for research that will land Schwab, a World War II Veteran, Club for their dedication in serving help lead to cures. Her honest, and a man who is ever grateful to cele- their community and for leaving a thoughtful, and helpful advice has been brate his 100th birthday on October 6, positive impact on Petroleum County.∑ valuable to me and to everyone with 2018. Charles Garland Schwab was born f whom she worked. In short, Anne has to homesteaders in the Big Snowy set the gold standard for how agencies Mountains, southeast of Lewistown, REMEMBERING SHELDON S. COHEN can most effectively work with the MT. He grew up on that homestead, ∑ committees that oversee them. Mr. VAN HOLLEN. Mr. President, I and in 1940, he married his wife Thel- wish to pay tribute to my constituent Both within NIH and in Congress, ma. Anne is recognized as a consummate and dear friend, Sheldon S. Cohen, who professional and an independent think- Charles was drafted into the U.S. passed away earlier this week. Sheldon er who understands the issues, gets to Army in January of 1944. After basic Cohen left an extraordinary legacy of the bottom of problems, and commu- training and a bout with pneumonia, accomplishment and service to our nicates those issues clearly to Members he joined his fellow soldiers in France country. of Congress, our staff, and to the re- on the front lines during World War II. A proud native Washingtonian and searchers she works with. Thanks to He was awarded the Bronze Medal, the graduate of DC public schools, Sheldon the dedication of Anne, not only is the American Theater Service Medal, the was a World War II Navy veteran. One NIH working better, but Americans are European, Africa, Middle East Theater of the world’s leading tax attorneys, he better off as well. Her absence will be a Medal, a Good Conduct Medal, as well served as chief counsel and then Com- loss for everyone who depends upon as several ribbons, including the Army missioner of the IRS under President her, but I am glad that she will have Occupation Ribbon. Lyndon B. Johnson, becoming the more time to spend with her friends Upon returning to the United States, youngest person to hold that position. and family, and especially her grand- Charles was honorably discharged from Among his countless other accomplish- son, Alex, of whom she is so proud. the Army on May 2, 1946. Following his ments was his creation of the first Presidential blind trust. Significantly, f discharge from the Army, Charles and his wife purchased and operated the the 1978 Ethics in Government Act ADDITIONAL STATEMENTS Lake View Cabins near St. Mary. Dur- made blind trusts the preferred vehicle ing the off season, Schwab practiced for public officials who do not want to dispose of holdings that raise potential TRIBUTE TO VETERANS OF THE his trade as an oil field pipefitter throughout Montana. He and his wife conflicts. In addition, he was instru- 116TH COMBAT ENGINEER BAT- mental in helping to computerize the TALION moved to Missoula in 1950, where they raised two daughters. He continued his IRS and in drafting an overhaul of the ∑ Mr. CRAPO. Mr. President, my col- pipefitter career and was instrumental Federal income Tax Code. Following league Senator JIM RISCH joins me in the process of bringing natural gas his government service, he had an ex- today in paying tribute to the veterans to the homes of the citizens of Mis- tensive career in private practice, in- of the 116th Combat Engineer Battalion soula. cluding founding the law firm of Cohen in recognition of the battalion’s 50- & Uretz. He served as general counsel year grand reunion. Charles’ wife Thelma passed away to the Democratic National Committee In 1968, the 116th Combat Engineer after 55 years of marriage in 1995. Al- and helped settle a civil case stemming Battalion deployed to Vietnam. The though Charles sold the Lake View from the break-in of DNC offices at the battalion was made up of approxi- Cabins after 20 years and is now a re- Watergate office complex by Nixon mately 800 Idaho National Guard sol- tired pipefitter, he continues to enjoy campaign operatives. diers from National Guard companies the company of his daughters, children, Sheldon Cohen’s work was influential based in Idaho. The soldiers’ tasks in- grandchildren, and friends and remains internationally as well. He advised cluded clearing and repairing roads. active in the community. many countries on their tax systems, The soldiers who served in the 116th One of Charles’s most treasured was a founder of the Inter-American Battalion were an integral part of the memories is that of the honor flight he Center of Tax Administrations, and war effort. They have been credited took to Washington, DC, during the was a senior fellow of the National with swiftly and effectively recon- government shutdown in 2013. He will Academy of Public Administration. He structing airfields, building bases, forever treasure the memories of that participated on UN Special Missions to clearing thousands of acres of mine- trip, his time as a private first class in advise developing countries on tax sys- fields and jungle, constructing thou- the U.S. Army, and the opportunity to tems, including meeting with Nelson sands of square feet of buildings and defend our great Nation during World Mandela. He vetted the tax returns of bridges, moving critical supplies and War II.∑ numerous Democratic Presidential and

VerDate Sep 11 2014 03:05 Sep 07, 2018 Jkt 079060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\A06SE6.035 S06SEPT1 lotter on DSKBCFDHB2PROD with SENATE S6054 CONGRESSIONAL RECORD — SENATE September 6, 2018 Vice Presidential candidates, set up dent pro tempore. He was elected Lieu- child health and development, and gen- the Presidential Commission on De- tenant Governor twice, in 1998 and in eral medical sciences. As sub- bates as a nonprofit organization, was 2002. He is remembered for starting a committee chairman during the pas- a frequent author and speaker on tax Christmastime tradition, Operation sage of the Social Security amend- policy and ethics, and often testified on Holiday Cheer, which delivers care ments of 1965, John Fogarty was one of Capitol Hill. He taught at his alma packages of Rhode Island mementos to the key supporters of the legislation mater, George Washington University servicemembers deployed overseas. that created the Medicare and Med- Law School, from which he had grad- In 2006, Charlie won the Democratic icaid Programs. uated first in his class, and at Howard nomination for Governor, narrowly los- John served until his death in 1967. and Miami law schools. ing to the incumbent. He returned to Dr. Howard Rusk wrote in the New Sheldon Cohen was deeply involved government a few years later to run York Times, ‘‘No one in the history of in the community and held numerous the State department of labor and this country has done more to promote leadership roles. These included serv- training, where he cracked down on un- more and better health services, more ing as president of the Jewish Social employment fraud. In 2015, Governor and better health facilities, and more Service Agency, president of the Order Gina Raimondo appointed Charlie di- and better health research than Rep- of the Leaf of Camp Airy, chair of the rector of the Rhode Island Department resentative Fogarty.’’ In Rhode Island, American Jewish Historical Society, of Elderly Affairs. Under his leader- no fewer than five health and edu- trustee and chair of the GW board of ship, the State expanded support for cational facilities have been dedicated trustees, founder and trustee of the Meals on Wheels, and he played an im- in John Fogarty’s name. United Jewish Endowment Fund, portant role in the State’s successful The deep commitment of the Fogarty founding member and treasurer of the repeal of the tax that seniors paid on family to the public welfare, instilled Supreme Court Historical Society, and their Social Security benefits. across generations, has been borne out trustee of the Jewish Theological Sem- Charlie retired earlier this year, after in countless ways. Paul’s son Brendan inary and Adas Israel Congregation. four decades of service to the people of Fogarty even worked as a State senate Sheldon Cohen was a decent, compas- Rhode Island. page during high school and college. sionate man, known for his high stand- Paul and Charlie’s cousins shared the For now, there will be no Fogartys in ards of integrity, his brilliant mind, his public service gene. Ray Fogarty was a State government. Our State and our concern for those in need, and his devo- State representative from Glocester for Nation are all the richer for their pas- tion to his family and friends. I knew 10 years. He would go on to find and sion and dedication to public life. Sheldon Cohen well and will miss his lead the Rhode Island Export Assist- Rhode Islanders are grateful for the friendship and wise counsel, as I do ance Center at Bryant University’s lasting legacy of the Fogartys of that of his wonderful and beloved wife John H. Chafee Center for Inter- Glocester.∑ Faye, who left us earlier this year. national Business. f Their partnership and warm hospi- Ray’s brother Edward Fogarty was 75TH ANNIVERSARY OF STAR tality were known throughout our an accomplished lawyer, with whom I FINANCIAL BANK community and will always be remem- worked in the State house. He worked bered by the many friends and activists as an arbitrator in the Rhode Island ∑ Mr. YOUNG. Mr. President, as a with whom they teamed up in support Superior Court and clerked in the U.S. member of the Committee on Small of important civic causes. District Court for the District of Rhode Business and Entrepreneurship, I am I ask my colleagues to join me in Island. However, Ed will best be re- proud to recognize the Marcuccilli fam- paying tribute to this fine man and in membered for his work serving as legal ily for the 75th anniversary of an Indi- sending condolences to his family, in- counsel to the speaker of the Rhode Is- ana-based community bank, STAR Fi- cluding his children Melinda and her land House of Representatives, to the nancial Bank. Since its founding, husband Alberto Goetzl, Laura and her senate majority leader, and later to the STAR Financial has become an essen- husband Perry Apelbaum, Jonathan senate president. Ed retired in 2013 and tial business in northeast and central and his wife Joanne, and Sharon and sadly passed away in 2017. Indiana. The bank has continuously her husband Michael Liebman; his 10 Charlie Fogarty credited his parents prioritized putting their customers and grandchildren; his brother Gerald with teaching him that ‘‘public service local businesses first, while providing Cohen and his wife Joanne; and his sis- was a public trust.’’ Indeed, he and decades of dependable services and ac- ter Barbara and her husband Dick brother Paul followed in their father’s countable staff. Wolf.∑ footsteps. Charles Fogarty, Sr., had Established by a group of trucking f been a State senator from Glocester be- partners from the Marion Trucking fore them and served for a time as di- Company in 1943, STAR Financial TRIBUTE TO THE FOGARTY rector of the Rhode Island Small Busi- Bank was formed to build financial se- FAMILY ness Administration. curity for the Fort Wayne community. ∑ Mr. WHITEHOUSE. Mr. President, Paul and Charlie’s uncle was Con- For that reason, the bank has tailored the swearing in of the Rhode Island gressman John Fogarty, who rep- its practices to support the community Legislature early next year will close a resented Rhode Island in the U.S. and local families. Generally, STAR remarkable story of a great Rhode Is- House of Representatives for more than Financial focuses on three key areas land family. State Senator Paul a quarter century. John was a brick- involving arts, education, and eco- Fogarty is retiring after 20 years in of- layer and president of Rhode Island’s nomic development. In 2017, the com- fice. The Fogarty family of northern International Bricklayers Union local pany donated more than $635,000 to In- Rhode Island will have represented No. 1 before being elected to Congress diana nonprofits, as well as volun- nearly 80 years of public service. at age 27. From his post on the Appro- teered 3,600 hours of community serv- Paul was elected in 1998 to fill the priations Subcommittee for Labor and ice valuing over $97,128. Some of the State senate seat that was previously Health, Education, and Welfare, Mr. nonprofits include the Fort Wayne Mu- held by his brother, Charles Fogarty, Public Health, as he became known, seum of Art, the Fort Wayne Children’s Jr. A master plumber by trade, Paul championed the expansion of health re- Choir. The Children’s Museum of Indi- rose to become the chairman of the search in the United States. During his anapolis, PBS 39, Big Brothers Big Sis- senate labor committee. Like his tenure, the National Institutes of ters Northeast Indiana, Brightpoint, brother Charlie, Paul had served on the Health grew from a small agency with and many United Way chapters. Glocester, RI, town council before serv- only three named institutes—for can- It is my privilege to honor STAR Fi- ing in the legislature. cer, heart, and dental research—to a nancial Bank for 75 years serving the Charlie Fogarty got his start in larger and more sophisticated oper- Fort Wayne community. I look forward State government working as an aide ation with institutes devoted to re- to STAR Financial Bank’s future en- to Governor Joe Garrahy in the late search on mental health, allergy and deavors, and I congratulate the 1970s. While a State senator, he served infectious disease, neurological dis- Marcuccilli family on this significant as both majority whip and senate presi- ease, arthritis and metabolic disease, milestone.∑

VerDate Sep 11 2014 03:05 Sep 07, 2018 Jkt 079060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\A06SE6.037 S06SEPT1 lotter on DSKBCFDHB2PROD with SENATE September 6, 2018 CONGRESSIONAL RECORD — SENATE S6055 MESSAGES FROM THE PRESIDENT fiscal year ending September 30, 2019, EC–6367. A communication from the Ad- ministrator of the Cotton and Tobacco Pro- Messages from the President of the and for other purposes, and asks a con- ference with the Senate on the dis- gram, Agricultural Marketing Service, De- United States were communicated to partment of Agriculture, transmitting, pur- the Senate by Ms. Cuccia, one of his agreeing votes of the two Houses there- suant to law, the report of a rule entitled secretaries. on, and that the following Members be ‘‘Cotton Board Rules and Regulations: Ad- the managers of the conference on the justing Supplemental Assessment on Imports f part of the House: Messrs. FRELING- (2018 Amendments)’’ ((7 CFR Part 1205) EXECUTIVE MESSAGES REFERRED HUYSEN, ADERHOLT, SIMPSON, CALVERT, (Docket No. AMS–CN–18–0013)) received in COLE, DIAZ-BALART, GRAVES of Georgia, the Office of the President of the Senate on As in executive session the Presiding August 28, 2018; to the Committee on Agri- YOUNG of Iowa, RUTHERFORD, Mrs. Officer laid before the Senate messages culture, Nutrition, and Forestry. from the President of the United LOWEY, Messrs. PRICE of North Caro- EC–6368. A communication from the Dep- States submitting sundry nominations lina, BISHOP of Georgia, Ms. MCCOL- uty Secretary of Agriculture, transmitting, which were referred to the appropriate LUM, Mr. QUIGLEY, and Ms. PINGREE. pursuant to law, a report relative to viola- committees. tions of the Antideficiency Act that occurred in the Department of Agriculture’s Office of (The messages received today are At 5:02 p.m., a message from the House of Representatives, delivered by the Secretary Treasury Symbol Accounts; to printed at the end of the Senate pro- the Committee on Appropriations. ceedings.) Mrs. Cole, one of its reading clerks, an- EC–6369. A communication from the Alter- nounced that the House has passed the f nate Federal Register Liaison Officer, Office following bill, in which it requests the of the Secretary, Department of Defense, MESSAGES FROM THE HOUSE concurrence of the Senate: transmitting, pursuant to law, the report of At 12:02 p.m., a message from the H.R. 4606. An act to provide that applica- a rule entitled ‘‘Defense Support of Special Events’’ (RIN0790–AK05) received in the Of- House of Representatives, delivered by tions under the Natural Gas Act for the im- portation or exportation of small volumes of fice of the President of the Senate on August Mr. Novotny, one of its reading clerks, 28, 2018; to the Committee on Armed Serv- announced that the House has passed natural gas shall be granted without modi- fication or delay. ices. the following bills, in which it requests EC–6370. A communication from the Direc- the concurrence of the Senate: f tor, Office of Management and Budget, Exec- utive Office of the President, transmitting a H.R. 1635. An act to amend the loan coun- MEASURES REFERRED report relative to additional fiscal year 2019 seling requirements under the Higher Edu- funding for the Department of Treasury; to cation Act of 1965, and for other purposes. The following bills were read the first and the second times by unanimous the Committee on Banking, Housing, and H.R. 4969. An act to improve the design and Urban Affairs. construction of diplomatic posts, and for consent, and referred as indicated: EC–6371. A communication from the Coun- other purposes. H.R. 1635. An act to amend the loan coun- sel, Legal Division, Bureau of Consumer Fi- H.R. 5274. An act to promote international seling requirements under the Higher Edu- nancial Protection, transmitting, pursuant exchanges on best election practices, cul- cation Act of 1965, and for other purposes; to to law, the report of a rule entitled ‘‘Amend- tivate more secure democratic institutions the Committee on Health, Education, Labor, ment to the Annual Privacy Notice Require- around the world, and for other purposes. and Pensions. ment Under the Gramm-Leach-Bliley Act H.R. 5576. An act to address state-spon- H.R. 4606. An act to provide that applica- (Regulation P)’’ (RIN3170–AA60) received sored cyber activities against the United tions under the Natural Gas Act for the im- during adjournment of the Senate in the Of- States, and for other purposes. portation or exportation of small volumes of fice of the President of the Senate on August ENROLLED BILLS SIGNED natural gas shall be granted without modi- 30, 2018; to the Committee on Banking, Hous- fication or delay; to the Committee on En- ing, and Urban Affairs. At 12:52 p.m., a message from the EC–6372. A communication from the Assist- House of Representatives, delivered by ergy and Natural Resources. H.R. 4969. An act to improve the design and ant to the Board of Governors of the Federal Mr. Novotny, one of its reading clerks, construction of diplomatic posts, and for Reserve System, transmitting, pursuant to announced that the Speaker has signed other purposes; to the Committee on Foreign law, the report of a rule entitled ‘‘Interim the following enrolled bills: Relations. Final Rule to amend the Small Bank Holding Company and Savings and Loan Holding H.R. 5385. An act to amend the Public H.R. 5274. An act to promote international Company Policy Statement and related reg- Health Service Act to reauthorize the pro- exchanges on best election practices, cul- ulations; Changes to Reporting Require- gram of payments to children’s hospitals tivate more secure democratic institutions ments’’ (RIN7100–AF13) received in the Office around the world, and for other purposes; to that operate graduate medical education of the President of the Senate on September the Committee on Foreign Relations. programs, and for other purposes. 4, 2018; to the Committee on Banking, Hous- H.R. 5772. An act to designate the J. H.R. 5576. An act to address state-spon- ing, and Urban Affairs. Marvin Jones Federal Building and Court- sored cyber activities against the United EC–6373. A communication from the Assist- house in Amarillo, Texas, as the ‘‘J. Marvin States, and for other purposes; to the Com- ant to the Board of Governors of the Federal Jones Federal Building and Mary Lou Robin- mittee on Foreign Relations. Reserve System, transmitting, pursuant to son United States Courthouse’’. f law, the report of a rule entitled ‘‘Single- The enrolled bills were subsequently Counterparty Credit Limits for Bank Hold- signed by the President pro tempore EXECUTIVE AND OTHER ing Companies and Foreign Banking Organi- zations’’ (RIN7100–AE48) received in the Of- (Mr. HATCH). COMMUNICATIONS fice of the President of the Senate on Sep- ENROLLED BILL SIGNED The following communications were tember 4, 2018; to the Committee on Bank- At 1:48 p.m., a message from the laid before the Senate, together with ing, Housing, and Urban Affairs. House of Representatives, delivered by accompanying papers, reports, and doc- EC–6374. A communication from the Chair- Mrs. Cole, one of its reading clerks, an- uments, and were referred as indicated: man of the Federal Energy Regulatory Com- mission, transmitting, pursuant to law, a re- EC–6366. A communication from the Direc- nounced that the Speaker has signed port relative to the progress made in licens- the following enrolled bill: tor, Office of Management and Budget, Exec- ing and constructing the Alaska Natural Gas utive Office of the President, transmitting, H.R. 4318. An act to amend the Harmonized Pipeline; to the Committee on Energy and pursuant to law, a report entitled ‘‘OMB Se- Tariff Schedule of the United States to mod- Natural Resources. questration Update Report to the President ify temporarily certain rates of duty. EC–6375. A communication from the Gen- and Congress for Fiscal Year 2019’’; to the eral Counsel, Federal Energy Regulatory The enrolled bill was subsequently Special Committee on Aging; Agriculture, Commission, transmitting, pursuant to law, signed by the President pro tempore Nutrition, and Forestry; Appropriations; the report of a rule entitled ‘‘Cyber Security (Mr. HATCH). Armed Services; Banking, Housing, and Incident Reporting Reliability Standards’’ Urban Affairs; the Budget; Commerce, ((18 CFR Part 40) (Docket No. RM18–2–000)) At 4:48 p.m., a message from the Science, and Transportation; Energy and received in the Office of the President of the House of Representatives, delivered by Natural Resources; Environment and Public Senate on September 4, 2018; to the Com- Mrs. Cole, one of its reading clerks, an- Works; Select Committee on Ethics; Fi- mittee on Energy and Natural Resources. nounced that the House disagrees to nance; Foreign Relations; Health, Education, EC–6376. A communication from the Direc- Labor, and Pensions; Homeland Security and tor of the Regulatory Management Division, the amendment of the Senate to the Governmental Affairs; Indian Affairs; Select Environmental Protection Agency, transmit- bill (H.R. 6147) making appropriations Committee on Intelligence; the Judiciary; ting, pursuant to law, the report of a rule en- for the Department of the Interior, en- Rules and Administration; Small Business titled ‘‘Air Plan Approval; District of Colum- vironment, and related agencies for the and Entrepreneurship; and Veterans’ Affairs. bia; State Implementation Plan for the

VerDate Sep 11 2014 03:05 Sep 07, 2018 Jkt 079060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\A06SE6.011 S06SEPT1 lotter on DSKBCFDHB2PROD with SENATE S6056 CONGRESSIONAL RECORD — SENATE September 6, 2018 Interstate Transport Requirements for the Possession Limits for Certain Migratory Illness Compensation Program, Department 2008 Ozone Standard’’ (FRL No. 9983–11–Re- Game Birds’’ (RIN1018–BB73) received in the of Labor, transmitting, pursuant to law, a gion 3) received during adjournment of the Office of the President of the Senate on Sep- report entitled ‘‘2016 Annual Report to Con- Senate in the Office of the President of the tember 4, 2018; to the Committee on Environ- gress’’; to the Committee on Health, Edu- Senate on August 30, 2018; to the Committee ment and Public Works. cation, Labor, and Pensions. on Environment and Public Works. EC–6385. A communication from the Wild- EC–6395. A communication from the Presi- EC–6377. A communication from the Direc- life Biologist, Fish and Wildlife Service, De- dent of the United States, transmitting, pur- tor of the Regulatory Management Division, partment of the Interior, transmitting, pur- suant to law, the report of an alternate plan Environmental Protection Agency, transmit- suant to law, the report of a rule entitled for pay adjustments for civilian Federal em- ting, pursuant to law, the report of a rule en- ‘‘Migratory Bird Permits; Removal of Depre- ployees covered by the General Schedule and titled ‘‘Air Plan Approval; Michigan; Minor dation Orders for Double-crested Cormorants certain other pay systems in January 2019; to New Source Review’’ (FRL No. 9982–97–Re- to Protect Aquaculture Facilities and Public the Committee on Homeland Security and gion 5) received during adjournment of the Resources’’ (RIN1018–BC12) received in the Governmental Affairs. Senate in the Office of the President of the Office of the President of the Senate on Sep- EC–6396. A communication from the Chair- Senate on August 30, 2018; to the Committee tember 4, 2018; to the Committee on Environ- man of the Council of the District of Colum- on Environment and Public Works. ment and Public Works. bia, transmitting, pursuant to law, a report EC–6378. A communication from the Direc- EC–6386. A communication from the Chief on D.C. Act 22–413, ‘‘Golden Triangle Busi- tor of the Regulatory Management Division, of the Branch of Delisting and Foreign Spe- ness Improvement District Amendment Act Environmental Protection Agency, transmit- cies, Fish and Wildlife Service, Department of 2018’’; to the Committee on Homeland Se- ting, pursuant to law, the report of a rule en- of the Interior, transmitting, pursuant to curity and Governmental Affairs. titled ‘‘Air Plan Approval; Ohio; Cleveland, law, the report of a rule entitled ‘‘Endan- EC–6397. A communication from the Chair- PM2.5 Attainment Plan’’ (FRL No. 9982–96– gered and Threatened Wildlife and Plants; man of the Council of the District of Colum- Region 5) received during adjournment of the Endangered Species Status for Five bia, transmitting, pursuant to law, a report Senate in the Office of the President of the Poecilotheria Tarantula Species from Sri on D.C. Act 22–424, ‘‘Community Violence Senate on August 30, 2018; to the Committee Lanka’’ (RIN1018–BC82) received in the Office Intervention Fund Temporary Amendment on Environment and Public Works. of the President of the Senate on September Act’’; to the Committee on Homeland Secu- EC–6379. A communication from the Direc- 4, 2018; to the Committee on Environment rity and Governmental Affairs. tor of the Regulatory Management Division, and Public Works. EC–6398. A communication from the Chair- Environmental Protection Agency, transmit- EC–6387. A communication from the Chief man of the Council of the District of Colum- ting, pursuant to law, the report of a rule en- of the Branch of Delisting and Foreign Spe- bia, transmitting, pursuant to law, a report titled ‘‘Air Plan Approval; Wisconsin; 2017 cies, Fish and Wildlife Service, Department on D.C. Act 22–436, ‘‘Initiative Measure No. Revisions to NR 400 and 406’’ (FRL No. 9982– of the Interior, transmitting, pursuant to 77, Minimum Wage Amendment Act of 2018’’; to the Committee on Homeland Security and 60–Region 5) received during adjournment of law, the report of a rule entitled ‘‘Endan- Governmental Affairs. the Senate in the Office of the President of gered and Threatened Wildlife and Plants; EC–6399. A communication from the Direc- the Senate on August 30, 2018; to the Com- Listing the Hyacinth Macaw’’ (RIN1018– BC79) received in the Office of the President tor, Administrative Office of the United mittee on Environment and Public Works. States Courts, transmitting, pursuant to EC–6380. A communication from the Direc- of the Senate on September 4, 2018; to the law, the Uniform Resource Locator (URL) tor of the Regulatory Management Division, Committee on Environment and Public for the report entitled ‘‘2017 Report of Statis- Environmental Protection Agency, transmit- Works. tics Required by the Bankruptcy Abuse Pre- ting, pursuant to law, the report of a rule en- EC–6388. A communication from the Presi- dent of the United States, transmitting, pur- vention and Consumer Protection Act of titled ‘‘Approval and Promulgation of Air suant to law, notice of the intent to enter 2005’’; to the Committee on the Judiciary. Quality Implementation Plans; Maryland; into a trade agreement with the Government EC–6400. A communication from the Assist- Infrastructure Requirements for the 2012 of Mexico and potentially the Government of ant Attorney General, Office of Legislative Fine Particulate Matter National Ambient Canada; to the Committee on Finance. Affairs, Department of Justice, transmit- Air Quality Standard’’ (FRL No. 9983–07–Re- EC–6389. A communication from the Chair- ting, pursuant to law, an annual report rel- gion 3) received during adjournment of the man of the United States International ative to the activities and operations of the Senate in the Office of the President of the Trade Commission, transmitting, pursuant Public Integrity Section, Criminal Division Senate on August 30, 2018; to the Committee to law, a report entitled ‘‘The Year in Trade for 2017, and the nationwide federal law en- on Environment and Public Works. 2017’’; to the Committee on Finance. forcement effort against public corruption; EC–6381. A communication from the Direc- EC–6390. A communication from the Assist- to the Committee on the Judiciary. tor of the Regulatory Management Division, ant Secretary, Legislative Affairs, Depart- EC–6401. A communication from the Chief Environmental Protection Agency, transmit- ment of State, transmitting, pursuant to of Staff, Media Bureau, Federal Communica- ting, pursuant to law, the report of a rule en- law, a report relative to the designation of a tions Commission, transmitting, pursuant to titled ‘‘Approval and Promulgation of Imple- group as a Foreign Terrorist Organization by law, the report of a rule entitled ‘‘LPTV, TV mentation Plans; Oklahoma; General SIP the Secretary of State (OSS–2018–0840); to Translator, and FM Broadcast Station Reim- Updates’’ (FRL No. 9982–47–Region 6) re- the Committee on Foreign Relations. bursement, Expanding the Economic and In- ceived during adjournment of the Senate in EC–6391. A communication from the Assist- novation Opportunities of Spectrum Through the Office of the President of the Senate on ant Legal Adviser for Treaty Affairs, Depart- Incentive Auctions’’ ((MB Docket No. 18–214 August 30, 2018; to the Committee on Envi- ment of State, transmitting, pursuant to the and GN Docket No. 12–268) (FCC 18–113)) re- ronment and Public Works. Case-Zablocki Act, 1 U.S.C. 112b, as amended, ceived in the Office of the President of the EC–6382. A communication from the Direc- the report of the texts and background state- Senate on August 28, 2018; to the Committee tor of the Regulatory Management Division, ments of international agreements, other on Commerce, Science, and Transportation. Environmental Protection Agency, transmit- than treaties (List 2018–0147 - 2018–0156); to EC–6402. A communication from the Asso- ting, pursuant to law, the report of a rule en- the Committee on Foreign Relations. ciate Chief of the Auctions and Spectrum Ac- titled ‘‘Interstate Transport Prongs 1 and 2 EC–6392. A communication from the Assist- cess Division, Wireless Telecommunications for the 2010 Sulfur Dioxide (SO2) Standard ant Secretary, Legislative Affairs, Depart- Bureau, Federal Communications Commis- for Colorado, Montana, North Dakota, South ment of State, transmitting, pursuant to sion, transmitting, pursuant to law, the re- Dakota and Wyoming’’ (FRL No. 9982–81–Re- section 36(c) of the Arms Export Control Act, port of a rule entitled ‘‘Auctions of Upper gion 8) received during adjournment of the the certification of a proposed license for the Microwave Flexible Licenses for Next-Gen- Senate in the Office of the President of the export of technical data and defense services eration Wireless Services’’ ((AU Docket No. Senate on August 30, 2018; to the Committee to the UAE for infantry-related military 18–85) (FCC 18–109)) received in the Office of on Environment and Public Works. training and other advisory assistance for the President of the Senate on August 28, EC–6383. A communication from the Wild- the Presidential Guard Command in the 2018; to the Committee on Commerce, life Biologist, Fish and Wildlife Service, De- amount of $50,000,000 or more (Transmittal Science, and Transportation. partment of the Interior, transmitting, pur- No. DDTC 17–139); to the Committee on For- EC–6403. A communication from the Dep- suant to law, the report of a rule entitled eign Relations. uty Chief, Public Safety and Homeland Secu- ‘‘Migratory Bird Hunting; Migratory Bird EC–6393. A communication from the Assist- rity Bureau, Federal Communications Com- Hunting Regulations on Certain Federal In- ant Secretary, Legislative Affairs, Depart- mission, transmitting, pursuant to law, the dian Reservations and Ceded Lands for the ment of State, transmitting, pursuant to report of a rule entitled ‘‘Amendment of 2018–19 Season’’ (RIN1018–BB73) received in law, the report of a rule entitled ‘‘Continued Part 11 of the Commission’s Rules Regarding the Office of the President of the Senate on Temporary Modification of Category XI of the Emergency Alert System’’ ((PS Docket September 4, 2018; to the Committee on Envi- the United States Munitions List’’ (RIN1400– Nos. 15–94 and 15–91) (FCC 18–94)) received in ronment and Public Works. AE70) received during adjournment of the the Office of the President of the Senate on EC–6384. A communication from the Wild- Senate in the Office of the President of the August 28, 2018; to the Committee on Com- life Biologist, Fish and Wildlife Service, De- Senate on August 29, 2018; to the Committee merce, Science, and Transportation. partment of the Interior, transmitting, pur- on Foreign Relations. EC–6404. A communication from the Chief, suant to law, the report of a rule entitled EC–6394. A communication from the Om- Enforcement Bureau, Federal Communica- ‘‘Migratory Bird Hunting; Seasons and Bag budsman, Energy Employees Occupational tions Commission, transmitting, pursuant to

VerDate Sep 11 2014 03:05 Sep 07, 2018 Jkt 079060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\A06SE6.021 S06SEPT1 lotter on DSKBCFDHB2PROD with SENATE September 6, 2018 CONGRESSIONAL RECORD — SENATE S6057 law, the report of a rule entitled ‘‘Amend- Transportation, transmitting, pursuant to Aviation Administration, Department of ment of Procedural Rules Governing Formal law, the report of a rule entitled ‘‘Airworthi- Transportation, transmitting, pursuant to Complaint Proceedings Delegated to the En- ness Directives; Airbus SAS Airplanes’’ law, the report of a rule entitled ‘‘Amend- forcement Bureau’’ ((EB Docket No. 17–245) ((RIN2120–AA64) (Docket No. FAA–2018–0168)) ment of Class D Airspace and Class E Air- (FCC 18–96)) received in the Office of the received in the Office of the President of the space; Jacksonville, NC and Establishment President of the Senate on September 4, 2018; Senate on September 4, 2018; to the Com- of Class D Airspace; Jacksonville, NC’’ to the Committee on Commerce, Science, mittee on Commerce, Science, and Transpor- ((RIN2120–AA66) (Docket No. FAA–2017–1159)) and Transportation. tation. received in the Office of the President of the EC–6405. A communication from the Man- EC–6413. A communication from the Man- Senate on September 4, 2018; to the Com- agement and Program Analyst, Federal agement and Program Analyst, Federal mittee on Commerce, Science, and Transpor- Aviation Administration, Department of Aviation Administration, Department of tation. Transportation, transmitting, pursuant to Transportation, transmitting, pursuant to EC–6421. A communication from the Man- law, the report of a rule entitled ‘‘Airworthi- law, the report of a rule entitled ‘‘Airworthi- agement and Program Analyst, Federal ness Directives; Airbus SAS Airplanes’’ ness Directives; ATR-GIE Avions de Trans- Aviation Administration, Department of ((RIN2120–AA64) (Docket No. FAA–2018–0709)) port Regional Airplanes’’ ((RIN2120–AA64) Transportation, transmitting, pursuant to received in the Office of the President of the (Docket No. FAA–2018–0712)) received in the law, the report of a rule entitled ‘‘Amend- Senate on September 4, 2018; to the Com- Office of the President of the Senate on Sep- ment of Class D Airspace and Class E Air- mittee on Commerce, Science, and Transpor- tember 4, 2018; to the Committee on Com- space and Revocation of Class E Airspace; tation. merce, Science, and Transportation. Smyrna Beach, FL’’ ((RIN2120–AA66) (Docket EC–6406. A communication from the Man- EC–6414. A communication from the Man- No. FAA–2018–0328)) received in the Office of agement and Program Analyst, Federal agement and Program Analyst, Federal the President of the Senate on September 4, Aviation Administration, Department of Aviation Administration, Department of 2018; to the Committee on Commerce, Transportation, transmitting, pursuant to Transportation, transmitting, pursuant to Science, and Transportation. EC–6422. A communication from the Man- law, the report of a rule entitled ‘‘Airworthi- law, the report of a rule entitled ‘‘Airworthi- agement and Program Analyst, Federal ness Directives; Airbus SAS Airplanes’’ ness Directives; B/E Aerospace Fischer Aviation Administration, Department of ((RIN2120–AA64) (Docket No. FAA–2018–0277)) GmbH Attendant Seats and Pilot Seats’’ Transportation, transmitting, pursuant to received in the Office of the President of the ((RIN2120–AA64) (Docket No. FAA–2017–0937)) law, the report of a rule entitled ‘‘Amend- Senate on September 4, 2018; to the Com- received in the Office of the President of the ment of Class E Airspace; St. Marys, GA’’ mittee on Commerce, Science, and Transpor- Senate on September 4, 2018; to the Com- ((RIN2120–AA66) (Docket No. FAA–2018–0255)) tation. mittee on Commerce, Science, and Transpor- received in the Office of the President of the EC–6407. A communication from the Man- tation. Senate on September 4, 2018; to the Com- agement and Program Analyst, Federal EC–6415. A communication from the Man- mittee on Commerce, Science, and Transpor- Aviation Administration, Department of agement and Program Analyst, Federal tation. Transportation, transmitting, pursuant to Aviation Administration, Department of EC–6423. A communication from the Man- law, the report of a rule entitled ‘‘Airworthi- Transportation, transmitting, pursuant to agement and Program Analyst, Federal ness Directives; The Boeing Company Air- law, the report of a rule entitled ‘‘Airworthi- Aviation Administration, Department of planes’’ ((RIN2120–AA64) (Docket No. FAA– ness Directives; Bell Helicopter Textron, Inc. Transportation, transmitting, pursuant to 2017–1022)) received in the Office of the Presi- (Bell) Helicopters’’ ((RIN2120–AA64) (Docket law, the report of a rule entitled ‘‘Amend- dent of the Senate on September 4, 2018; to No. FAA–2018–0738)) received in the Office of ment of Class D and Class E Airspace; Biloxi, the Committee on Commerce, Science, and the President of the Senate on September 4, MS, and Gulfport, MS’’ ((RIN2120–AA66) Transportation. 2018; to the Committee on Commerce, (Docket No. FAA–2017–0865)) received in the EC–6408. A communication from the Man- Science, and Transportation. Office of the President of the Senate on Sep- agement and Program Analyst, Federal EC–6416. A communication from the Man- tember 4, 2018; to the Committee on Com- Aviation Administration, Department of agement and Program Analyst, Federal merce, Science, and Transportation. Transportation, transmitting, pursuant to Aviation Administration, Department of EC–6424. A communication from the Man- law, the report of a rule entitled ‘‘Airworthi- Transportation, transmitting, pursuant to agement and Program Analyst, Federal ness Directives; Bombardier, Inc., Airplanes’’ law, the report of a rule entitled ‘‘Airworthi- Aviation Administration, Department of ((RIN2120–AA64) (Docket No. FAA–2018–0072)) ness Directives; Rolls-Royce Corporation En- Transportation, transmitting, pursuant to received in the Office of the President of the gines’’ ((RIN2120–AA64) (Docket No. FAA– law, the report of a rule entitled ‘‘Amend- Senate on September 4, 2018; to the Com- 2018–0259)) received in the Office of the Presi- ment of Class E Airspace; Lansing, MI’’ mittee on Commerce, Science, and Transpor- dent of the Senate on September 4, 2018; to ((RIN2120–AA66) (Docket No. FAA–2018–0101)) tation. the Committee on Commerce, Science, and received in the Office of the President of the EC–6409. A communication from the Man- Transportation. Senate on September 4, 2018; to the Com- agement and Program Analyst, Federal EC–6417. A communication from the Man- mittee on Commerce, Science, and Transpor- Aviation Administration, Department of agement and Program Analyst, Federal tation. Transportation, transmitting, pursuant to Aviation Administration, Department of EC–6425. A communication from the Man- law, the report of a rule entitled ‘‘Airworthi- Transportation, transmitting, pursuant to agement and Program Analyst, Federal ness Directives; Bombardier, Inc., Airplanes’’ law, the report of a rule entitled ‘‘Airworthi- Aviation Administration, Department of ((RIN2120–AA64) (Docket No. FAA–2018–0028)) ness Directives; Rolls-Royce pic Turbojet Transportation, transmitting, pursuant to received in the Office of the President of the Engines’’ ((RIN2120–AA64) (Docket No. FAA– law, the report of a rule entitled ‘‘Establish- Senate on September 4, 2018; to the Com- 2017–1108)) received in the Office of the Presi- ment of Class E Airspace; Freeport, PA’’ mittee on Commerce, Science, and Transpor- dent of the Senate on September 4, 2018; to ((RIN2120–AA66) (Docket No. FAA–2017–0426)) received in the Office of the President of the tation. the Committee on Commerce, Science, and Senate on September 4, 2018; to the Com- EC–6410. A communication from the Man- Transportation. agement and Program Analyst, Federal EC–6418. A communication from the Man- mittee on Commerce, Science, and Transpor- tation. Aviation Administration, Department of agement and Program Analyst, Federal EC–6426. A communication from the Man- Transportation, transmitting, pursuant to Aviation Administration, Department of agement and Program Analyst, Federal law, the report of a rule entitled ‘‘Airworthi- Transportation, transmitting, pursuant to Aviation Administration, Department of ness Directives; Various Model 234 and Model law, the report of a rule entitled ‘‘Amend- Transportation, transmitting, pursuant to CH–47D Helicopters’’ ((RIN2120–AA64) (Dock- ment of Class E Airspace; New Castle, IN’’ law, the report of a rule entitled ‘‘Amend- et No. FAA–2015–4007)) received in the Office ((RIN2120–AA66) (Docket No. FAA–2018–0290)) ment of Multiple Restricted Area Boundary of the President of the Senate on September received in the Office of the President of the Descriptions; Florida’’ ((RIN2120–AA66) 4, 2018; to the Committee on Commerce, Senate on September 4, 2018; to the Com- (Docket No. FAA–2018–0728)) received in the Science, and Transportation. mittee on Commerce, Science, and Transpor- Office of the President of the Senate on Sep- EC–6411. A communication from the Man- tation. tember 4, 2018; to the Committee on Com- agement and Program Analyst, Federal EC–6419. A communication from the Man- merce, Science, and Transportation. Aviation Administration, Department of agement and Program Analyst, Federal EC–6427. A communication from the Man- Transportation, transmitting, pursuant to Aviation Administration, Department of agement and Program Analyst, Federal law, the report of a rule entitled ‘‘Airworthi- Transportation, transmitting, pursuant to Aviation Administration, Department of ness Directives; Fokker Services B.V. Air- law, the report of a rule entitled ‘‘Amend- Transportation, transmitting, pursuant to planes’’ ((RIN2120–AA64) (Docket No. FAA– ment of Class D Airspace and Class E Air- law, the report of a rule entitled ‘‘Amend- 2018–0303)) received in the Office of the Presi- space; Wrightstown, NJ’’ ((RIN2120–AA66) ment of Chicago Class B Airspace and Chi- dent of the Senate on September 4, 2018; to (Docket No. FAA–2017–1188)) received in the cago Class C Airspace; Chicago, IL’’ the Committee on Commerce, Science, and Office of the President of the Senate on Sep- ((RIN2120–AA66) (Docket No. FAA–2018–0632)) Transportation. tember 4, 2018; to the Committee on Com- received in the Office of the President of the EC–6412. A communication from the Man- merce, Science, and Transportation. Senate on September 4, 2018; to the Com- agement and Program Analyst, Federal EC–6420. A communication from the Man- mittee on Commerce, Science, and Transpor- Aviation Administration, Department of agement and Program Analyst, Federal tation.

VerDate Sep 11 2014 03:05 Sep 07, 2018 Jkt 079060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\A06SE6.024 S06SEPT1 lotter on DSKBCFDHB2PROD with SENATE S6058 CONGRESSIONAL RECORD — SENATE September 6, 2018 EC–6428. A communication from the Man- ant to law, the report of a rule entitled S. 1768. A bill to reauthorize and amend the agement and Program Analyst, Federal ‘‘Safety Zone; Lower Mississippi River, New National Earthquake Hazards Reduction Aviation Administration, Department of Orleans, LA’’ ((RIN1625–AA00) (Docket No. Program, and for other purposes (Rept. No. Transportation, transmitting, pursuant to USCG–2018–0348)) received in the Office of the 115–336). President of the Senate on September 4, 2018; law, the report of a rule entitled ‘‘Establish- f ment of Class E Airspace; Creswell, OR’’ to the Committee on Commerce, Science, ((RIN2120–AA66) (Docket No. FAA–2018–0044)) and Transportation. EXECUTIVE REPORTS OF received in the Office of the President of the EC–6437. A communication from the Attor- COMMITTEE Senate on September 4, 2018; to the Com- ney-Advisor, U.S. Coast Guard, Department mittee on Commerce, Science, and Transpor- of Homeland Security, transmitting, pursu- The following executive reports of tation. ant to law, the report of a rule entitled nominations were submitted: EC–6429. A communication from the Man- ‘‘Safety Zone; Allegheny River Miles 0.7 to By Mr. THUNE for the Committee on Com- agement and Program Analyst, Federal 1,0, Pittsburgh, PA’’ ((RIN1625–AA00) (Docket merce, Science, and Transportation. Aviation Administration, Department of No. USCG–2018–0810)) received in the Office of *Rick A. Dearborn, of Oklahoma, to be a Transportation, transmitting, pursuant to the President of the Senate on September 4, Director of the Amtrak Board of Directors law, the report of a rule entitled ‘‘Standard 2018; to the Committee on Commerce, for a term of five years. Instrument Approach Procedures; Miscella- Science, and Transportation. *James Morhard, of Virginia, to be Deputy neous Amendments (76)’’ (RIN2120–AA65) re- EC–6438. A communication from the Attor- Administrator of the National Aeronautics ceived in the Office of the President of the ney-Advisor, U.S. Coast Guard, Department and Space Administration. Senate on September 4, 2018; to the Com- of Homeland Security, transmitting, pursu- *Kelvin Droegemeier, of Oklahoma, to be mittee on Commerce, Science, and Transpor- ant to law, the report of a rule entitled Director of the Office of Science and Tech- tation. ‘‘Safety Zone; Ohio River Miles 0.0 to 0.5, nology Policy. Pittsburgh, PA’’ ((RIN1625–AA00) (Docket EC–6430. A communication from the Man- *Joel Szabat, of Maryland, to be an Assist- No. USCG–2018–0743)) received in the Office of agement and Program Analyst, Federal ant Secretary of Transportation. Aviation Administration, Department of the President of the Senate on September 4, Transportation, transmitting, pursuant to 2018; to the Committee on Commerce, *Nomination was reported with rec- law, the report of a rule entitled ‘‘Standard Science, and Transportation. ommendation that it be confirmed sub- Instrument Approach Procedures; Miscella- EC–6439. A communication from the Attor- ject to the nominee’s commitment to neous Amendments (82)’’ (RIN2120–AA65) re- ney-Advisor, U.S. Coast Guard, Department respond to requests to appear and tes- ceived in the Office of the President of the of Homeland Security, transmitting, pursu- tify before any duly constituted com- Senate on September 4, 2018; to the Com- ant to law, the report of a rule entitled ‘‘Safety Zone; Sandusky Bicentennial Fire- mittee of the Senate. mittee on Commerce, Science, and Transpor- works, Sandusky Bay, Sandusky, OH’’ tation. f EC–6431. A communication from the Attor- ((RIN1625–AA00) (Docket No. USCG–2018– 0777)) received in the Office of the President INTRODUCTION OF BILLS AND ney-Advisor, U.S. Coast Guard, Department JOINT RESOLUTIONS of Homeland Security, transmitting, pursu- of the Senate on September 4, 2018; to the ant to law, the report of a rule entitled Committee on Commerce, Science, and The following bills and joint resolu- ‘‘Safety Zone; Delaware River Fireworks Transportation. EC–6440. A communication from the Attor- tions were introduced, read the first Display, Delaware River, Philadelphia, PA’’ ney-Advisor, U.S. Coast Guard, Department and second times by unanimous con- ((RIN1625–AA00) (Docket No. USCG–2018– of Homeland Security, transmitting, pursu- sent, and referred as indicated: 0810)) received in the Office of the President ant to law, the report of a rule entitled By Mrs. FISCHER (for herself, Mr. of the Senate on September 4, 2018; to the ‘‘Safety Zone; Great Lakes Offshore Grand KING, and Mr. HELLER): Committee on Commerce, Science, and Prix, Lake Erie, Dunkirk, NY’’ ((RIN1625– S. 3412. A bill to amend the Internal Rev- Transportation. AA00) (Docket No. USCG–2018–0683)) received EC–6432. A communication from the Attor- enue Code of 1986 to extend the employer in the Office of the President of the Senate ney-Advisor, U.S. Coast Guard, Department credit for paid family and medical leave, and on September 4, 2018; to the Committee on of Homeland Security, transmitting, pursu- for other purposes; to the Committee on Fi- Commerce, Science, and Transportation. nance. ant to law, the report of a rule entitled EC–6441. A communication from the Attor- ‘‘Safety Zone; Upper Mississippi River, Mile By Mr. MURPHY (for himself, Mr. ney-Advisor, U.S. Coast Guard, Department BLUMENTHAL, Ms. WARREN, and Mr. Markers 751.2 to 751.8, Alma, WI’’ ((RIN1625– of Homeland Security, transmitting, pursu- AA00) (Docket No. USCG–2018–0742)) received SANDERS): ant to law, the report of a rule entitled ‘‘Spe- S. 3413. A bill to amend the Elementary in the Office of the President of the Senate cial Local Regulation; Roanoke River, Plym- on September 4, 2018; to the Committee on and Secondary Education Act of 1965 to es- outh, NC’’ ((RIN1625–AA08) (Docket No. tablish the Strength in Diversity Program; Commerce, Science, and Transportation. USCG–2018–0771)) received in the Office of the EC–6433. A communication from the Attor- to the Committee on Health, Education, President of the Senate on September 4, 2018; Labor, and Pensions. ney-Advisor, U.S. Coast Guard, Department to the Committee on Commerce, Science, of Homeland Security, transmitting, pursu- By Mr. REED (for himself and Mr. and Transportation. WHITEHOUSE): ant to law, the report of a rule entitled EC–6442. A communication from the Attor- ‘‘Safety Zone; Lake Michigan, Chicago, IL’’ S. 3414. A bill to designate the facility of ney-Advisor, U.S. Coast Guard, Department the United States Postal Service located at ((RIN1625–AA00) (Docket No. USCG–2018– of Homeland Security, transmitting, pursu- 0707)) received in the Office of the President 20 Ferry Road in Saunderstown, Rhode Is- ant to law, the report of a rule entitled ‘‘Spe- land, as the ‘‘Captain Matthew J. August of the Senate on September 4, 2018; to the cial Local Regulation; Michigan Champion- Committee on Commerce, Science, and Post Office’’; to the Committee on Homeland ships; Detroit River; Detroit, MI’’ ((RIN1625– Security and Governmental Affairs. Transportation. AA08) (Docket No. USCG–2018–0732)) received EC–6434. A communication from the Attor- By Ms. HIRONO: in the Office of the President of the Senate S. 3415. A bill to extend, for a period of two ney-Advisor, U.S. Coast Guard, Department on September 4, 2018; to the Committee on of Homeland Security, transmitting, pursu- years, the authority for operation of the De- Commerce, Science, and Transportation. partment of Veterans Affairs regional office ant to law, the report of a rule entitled EC–6443. A communication from the Attor- in Manila, the Republic of the Philippines; to ‘‘Safety Zone; Lower Mississippi River, Mile ney-Advisor, U.S. Coast Guard, Department the Committee on Veterans’ Affairs. Markers 230.4 to 215, Baton Rouge, LA’’ of Homeland Security, transmitting, pursu- By Mr. GRASSLEY (for himself, Mrs. ((RIN1625–AA00) (Docket No. USCG–2018– ant to law, the report of a rule entitled ‘‘Spe- FEINSTEIN, Mr. COONS, and Mr. 0744)) received in the Office of the President cial Local Regulation; Battle of the Bridges, HATCH): of the Senate on September 4, 2018; to the Intracoastal Waterway; Venice, FL’’ S. 3416. A bill to amend the Leahy-Smith Committee on Commerce, Science, and ((RIN1625–AA08) (Docket No. USCG–2018– America Invents Act to extend the period Transportation. 0608)) received in the Office of the President during which the Under Secretary of Com- EC–6435. A communication from the Attor- of the Senate on September 4, 2018; to the merce for Intellectual Property and Director ney-Advisor, U.S. Coast Guard, Department Committee on Commerce, Science, and of the United States Patent and Trademark of Homeland Security, transmitting, pursu- Transportation. ant to law, the report of a rule entitled ‘‘Se- Office may set or adjust certain fees; to the curity Zone; Ohio River, Olmstead, IL’’ f Committee on the Judiciary. ((RIN1625–AA00) (Docket No. USCG–2018– REPORTS OF COMMITTEES By Mr. MERKLEY (for himself, Mr. 07000)) received in the Office of the President TILLIS, Mr. WYDEN, Mr. WARNER, Mr. of the Senate on September 4, 2018; to the The following reports of committees BROWN, and Mrs. SHAHEEN): Committee on Commerce, Science, and were submitted: S. 3417. A bill to require the Secretary of Transportation. By Mr. THUNE, from the Committee on Veterans Affairs to carry out a program to EC–6436. A communication from the Attor- Commerce, Science, and Transportation, increase efficiency in the recruitment and ney-Advisor, U.S. Coast Guard, Department with an amendment in the nature of a sub- hiring by the Department of Veterans Affairs of Homeland Security, transmitting, pursu- stitute: of health care workers that are undergoing

VerDate Sep 11 2014 03:05 Sep 07, 2018 Jkt 079060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\A06SE6.026 S06SEPT1 lotter on DSKBCFDHB2PROD with SENATE September 6, 2018 CONGRESSIONAL RECORD — SENATE S6059 separation from the Armed Forces, to create By Mr. RUBIO (for himself, Mr. XVIII of the Social Security Act to uniform credentialing standards for certain CARDIN, Mr. FLAKE, Mrs. SHAHEEN, provide for Medicare coverage of cer- health care professionals of the Department, Mr. YOUNG, Mr. MERKLEY, Mr. KEN- tain lymphedema compression treat- and for other purposes; to the Committee on NEDY, Mrs. GILLIBRAND, Ms. COLLINS, ment items as items of durable medical Veterans’ Affairs. Mr. MARKEY, Mr. JOHNSON, Mr. VAN By Mr. MARKEY (for himself and Mr. HOLLEN, Mr. COONS, and Mr. BOOKER): equipment. BLUMENTHAL): S. Res. 622. A resolution supporting renam- S. 515 S. 3418. A bill to amend title 49, United ing NATO Headquarters after the late United At the request of Mr. CASEY, the States Code, to ensure that revenues col- States Senator John Sidney McCain, III; to name of the Senator from Maryland lected from passengers as aviation security the Committee on Foreign Relations. (Mr. VAN HOLLEN) was added as a co- fees are used to help finance the costs of By Mr. MCCONNELL: sponsor of S. 515, a bill to require the aviation security screening by repealing a S. Res. 623. A resolution to constitute the requirement that a portion of such fees be majority party’s membership on certain Secretary of Labor to maintain a pub- credited as offsetting receipts and deposited committees for the One Hundred Fifteenth licly available list of all employers in the general fund of the Treasury; to the Congress, or until their successors are cho- that relocate a call center overseas, to Committee on Commerce, Science, and sen; considered and agreed to. make such companies ineligible for Transportation. By Mr. KAINE (for himself, Mr. WAR- Federal grants or guaranteed loans, By Ms. HIRONO (for herself and Mr. NER, Mrs. CAPITO, and Mr. BOOKER): and to require disclosure of the phys- BOOZMAN): S. Res. 624. A resolution commemorating S. 3419. A bill to amend title 38, United ical location of business agents engag- Arthur Ashe, a native of Richmond, Virginia, ing in customer service communica- States Code, to extend authorities relating on the 50th anniversary of his historic win at to homeless veterans, and for other purposes; the 1968 U.S. Open Tennis Championship and tions, and for other purposes. to the Committee on Veterans’ Affairs. honoring his humanitarian contributions to S. 548 By Ms. HARRIS (for herself and Mr. civil rights, education, the movement At the request of Ms. CANTWELL, the GARDNER): against apartheid in South Africa, and HIV/ S. 3420. A bill to require the Food and Drug name of the Senator from Massachu- AIDS awareness; considered and agreed to. Administration to prioritize the promotional setts (Ms. WARREN) was added as a co- By Mr. COONS (for himself, Mr. CAS- materials for drugs for serious, life-threat- sponsor of S. 548, a bill to amend the SIDY, Mr. SCHUMER, Mrs. GILLIBRAND, ening diseases or conditions or substance use Internal Revenue Code of 1986 to re- Mr. BOOKER, Mr. MENENDEZ, Mr. disorders, especially opioid drugs and drugs TOOMEY, Mr. JONES, Mr. form the low-income housing credit, for medication-assisted treatment, in consid- and for other purposes. ering whether promotional materials are BLUMENTHAL, Mr. MARKEY, Ms. HAR- false or misleading; to the Committee on RIS, Ms. HASSAN, Mr. REED, Mr. S. 689 Health, Education, Labor, and Pensions. WHITEHOUSE, Ms. WARREN, Mr. MUR- At the request of Mrs. MURRAY, the By Mr. PERDUE: PHY, Mr. KAINE, Mrs. MURRAY, Mr. name of the Senator from New Jersey BROWN, Mr. VAN HOLLEN, Mrs. SHA- S. 3421. A bill to provide for exclusive Fed- (Mr. MENENDEZ) was added as a cospon- eral jurisdiction over certain civil securities HEEN, and Mr. DONNELLY): S. Con. Res. 45. A concurrent resolution sor of S. 689, a bill to provide women fraud actions, and for other purposes; to the with increased access to preventive and Committee on the Judiciary. recognizing September 11, 2018, as a ‘‘Na- By Ms. MURKOWSKI (for herself, Mr. tional Day of Service and Remembrance’’; to life-saving cancer screening. BOOKER, Mr. RISCH, Mr. CRAPO, Mrs. the Committee on the Judiciary. S. 796 CAPITO, Mr. DURBIN, Mr. WHITEHOUSE, f At the request of Mr. WARNER, the Mr. MANCHIN, and Mr. COONS): name of the Senator from Connecticut S. 3422. A bill to direct the Secretary of ADDITIONAL COSPONSORS (Mr. BLUMENTHAL) was added as a co- Energy to establish advanced nuclear goals, provide for a versatile, reactor-based fast S. 319 sponsor of S. 796, a bill to amend the neutron source, make available high-assay, At the request of Ms. KLOBUCHAR, the Internal Revenue Code of 1986 to extend low-enriched uranium for research, develop- name of the Senator from Minnesota the exclusion for employer-provided ment, and demonstration of advanced nu- (Ms. SMITH) was added as a cosponsor education assistance to employer pay- clear reactor concepts, and for other pur- of S. 319, a bill to amend title 38, ments of student loans. poses; to the Committee on Energy and Nat- United States Code, to direct the Sec- S. 817 ural Resources. By Mr. SCOTT (for himself and Mr. retary of Veterans Affairs to establish At the request of Mr. CASEY, the CASSIDY): within the Department of Veterans Af- name of the Senator from Massachu- S. 3423. A bill to revise the amounts for dis- fairs a center of excellence in the pre- setts (Ms. WARREN) was added as a co- cretionary Federal Pell Grant funding, and vention, diagnosis, mitigation, treat- sponsor of S. 817, a bill to amend the for other purposes; to the Committee on ment, and rehabilitation of health con- Internal Revenue Code of 1986 to in- Health, Education, Labor, and Pensions. ditions relating to exposure to burn crease the age requirement with re- By Mr. MERKLEY: S. 3424. A bill to amend title 5, United pits. spect to eligibility for qualified ABLE States Code, to provide for an investment op- S. 352 programs. tion under the Thrift Savings Plan that does At the request of Mr. CORKER, the S. 998 not include investment in any fossil fuel names of the Senator from Delaware At the request of Mr. DAINES, the companies; to the Committee on Homeland (Mr. COONS) and the Senator from Indi- name of the Senator from Iowa (Mrs. Security and Governmental Affairs. ana (Mr. YOUNG) were added as cospon- ERNST) was added as a cosponsor of S. By Mr. LANKFORD: S. 3425. A bill to redirect United States sors of S. 352, a bill to award a Congres- 998, a bill to amend the Tariff Act of funding from the United Nations Relief and sional Gold Medal to Master Sergeant 1930 to protect personally identifiable Works Agency for Palestine Refugees in the Rodrick ‘‘Roddie’’ Edmonds in recogni- information, and for other purposes. Near East to other entities providing assist- tion of his heroic actions during World S. 1503 ance to Palestinians living in the West Bank, War II. At the request of Ms. WARREN, the the Gaza Strip, Jordan, Syria, and Lebanon; S. 379 to the Committee on Foreign Relations. name of the Senator from Mississippi By Mr. SCHATZ (for himself and Ms. At the request of Mr. WHITEHOUSE, (Mr. WICKER) was added as a cosponsor MURKOWSKI): the name of the Senator from South of S. 1503, a bill to require the Sec- S. 3426. A bill to require the Secretary of Dakota (Mr. ROUNDS) was added as a retary of the Treasury to mint coins in Defense to establish an initiative on improv- cosponsor of S. 379, a bill to amend recognition of the 60th anniversary of ing the capacity of military criminal inves- title II of the Social Security Act to the Naismith Memorial Basketball tigative organizations to prevent child sex- eliminate the five month waiting pe- Hall of Fame. ual exploitation, and for other purposes; to riod for disability insurance benefits the Committee on Armed Services. S. 1730 under such title for individuals with f At the request of Ms. COLLINS, the amyotrophic lateral sclerosis. names of the Senator from Oregon (Mr. SUBMISSION OF CONCURRENT AND S. 497 MERKLEY), the Senator from Michigan SENATE RESOLUTIONS At the request of Ms. CANTWELL, the (Mr. PETERS), the Senator from Wash- The following concurrent resolutions name of the Senator from Missouri ington (Ms. CANTWELL), the Senator and Senate resolutions were read, and (Mrs. MCCASKILL) was added as a co- from Colorado (Mr. BENNET), the Sen- referred (or acted upon), as indicated: sponsor of S. 497, a bill to amend title ator from Montana (Mr. TESTER), the

VerDate Sep 11 2014 03:05 Sep 07, 2018 Jkt 079060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\A06SE6.020 S06SEPT1 lotter on DSKBCFDHB2PROD with SENATE S6060 CONGRESSIONAL RECORD — SENATE September 6, 2018 Senator from Maryland (Mr. VAN HOL- 2996, a bill to make available necessary ginia (Mr. WARNER), the Senator from LEN), the Senator from Florida (Mr. disaster assistance for families affected Washington (Ms. CANTWELL), the Sen- NELSON), the Senator from Rhode Is- by major disasters, and for other pur- ator from Minnesota (Ms. SMITH), the land (Mr. REED), the Senator from Mas- poses. Senator from New Mexico (Mr. UDALL), sachusetts (Mr. MARKEY), the Senator S. 3247 the Senator from California (Mrs. FEIN- from Indiana (Mr. DONNELLY), the Sen- At the request of Mr. BOOZMAN, the STEIN), the Senator from Vermont (Mr. ator from Maryland (Mr. CARDIN), the name of the Senator from South Caro- SANDERS), the Senator from New Jer- Senator from Alabama (Mr. JONES) and lina (Mr. GRAHAM) was added as a co- sey (Mr. MENENDEZ), the Senator from the Senator from Virginia (Mr. KAINE) sponsor of S. 3247, a bill to improve Illinois (Mr. DURBIN), the Senator from were added as cosponsors of S. 1730, a programs and activities relating to Maryland (Mr. CARDIN) and the Senator bill to implement policies to end pre- women’s entrepreneurship and eco- from Virginia (Mr. KAINE) were added ventable maternal, newborn, and child nomic empowerment that are carried as cosponsors of S.J. Res. 63, a joint deaths globally. out by the United States Agency for resolution providing for congressional S. 1942 International Development, and for disapproval under chapter 8 of title 5, At the request of Ms. HEITKAMP, the other purposes. United States Code, of the rule sub- name of the Senator from Minnesota S. 3260 mitted by the Secretary of the Treas- ury, Secretary of Labor, and Secretary (Ms. SMITH) was added as a cosponsor At the request of Mr. CASEY, the of S. 1942, a bill to direct the Attorney name of the Senator from Ohio (Mr. of Health and Human Services relating to ‘‘Short-Term, Limited Duration In- General to review, revise, and develop BROWN) was added as a cosponsor of S. law enforcement and justice protocols 3260, a bill to amend the Internal Rev- surance’’. appropriate to address missing and enue Code of 1986 to include individuals S. RES. 61 murdered Indians, and for other pur- receiving Social Security Disability In- At the request of Ms. STABENOW, her poses. surance benefits under the work oppor- name was added as a cosponsor of S. S. 2233 tunity credit, increase the work oppor- Res. 61, a resolution calling on the De- At the request of Mr. UDALL, the tunity credit for vocational rehabilita- partment of Defense, other elements of name of the Senator from Minnesota tion referrals, qualified SSI recipients, the Federal Government, and foreign (Ms. SMITH) was added as a cosponsor and qualified SSDI recipients, expand governments to intensify efforts to in- of S. 2233, a bill to protect Native chil- the disabled access credit, and enhance vestigate, recover, and identify all dren and promote public safety in In- the deduction for expenditures to re- missing and unaccounted-for personnel dian country. move architectural and transportation of the United States. S. 2423 barriers to the handicapped and elder- S. RES. 481 At the request of Mr. SCHATZ, the ly. At the request of Mr. HATCH, the name of the Senator from Connecticut S. 3271 names of the Senator from Michigan (Mr. MURPHY) was added as a cosponsor At the request of Mr. SANDERS, the (Mr. PETERS) and the Senator from of S. 2423, a bill to reinstate Federal name of the Senator from New York Louisiana (Mr. KENNEDY) were added as Pell Grant eligibility for individuals (Mrs. GILLIBRAND) was added as a co- cosponsors of S. Res. 481, a resolution incarcerated in Federal and State sponsor of S. 3271, a bill to prohibit the calling upon the leadership of the Gov- penal institutions, and for other pur- use of payment of money as a condition ernment of the Democratic People’s poses. of pretrial release in Federal criminal Republic of Korea to dismantle its S. 2535 cases, and for other purposes. labor camp system, and for other pur- poses. At the request of Mr. DURBIN, the S. 3283 S. RES. 525 name of the Senator from West Vir- At the request of Mr. ROUNDS, the ginia (Mr. MANCHIN) was added as a co- name of the Senator from Kansas (Mr. At the request of Mr. BARRASSO, his sponsor of S. 2535, a bill to amend the MORAN) was added as a cosponsor of S. name was added as a cosponsor of S. Controlled Substances Act to strength- 3283, a bill to require the appropriate Res. 525, a resolution designating Sep- en Drug Enforcement Administration Federal banking agencies to increase tember 2018 as National Democracy discretion in setting opioid quotas. the risk-sensitivity of the capital Month as a time to reflect on the con- tributions of the system of government S. 2554 treatment of certain centrally cleared of the United States to a more free and At the request of Ms. COLLINS, the exchange-listed options and deriva- name of the Senator from Maine (Mr. tives, and for other purposes. stable world. KING) was added as a cosponsor of S. S. 3290 f 2554, a bill to ensure that health insur- At the request of Mr. COTTON, the SUBMITTED RESOLUTIONS ance issuers and group health plans do name of the Senator from Kansas (Mr. not prohibit pharmacy providers from MORAN) was added as a cosponsor of S. providing certain information to en- 3290, a bill to require the Secretary of SENATE RESOLUTION 622—SUP- rollees. the Treasury to mint coins in com- PORTING RENAMING NATO S. 2593 memoration of the centennial of the HEADQUARTERS AFTER THE At the request of Mr. LANKFORD, the establishment of the Tomb of the Un- LATE UNITED STATES SENATOR names of the Senator from Utah (Mr. known Soldier. JOHN SIDNEY MCCAIN, III HATCH) and the Senator from Cali- S. 3298 Mr. RUBIO (for himself, Mr. CARDIN, fornia (Mrs. FEINSTEIN) were added as At the request of Mr. DAINES, the Mr. FLAKE, Mrs. SHAHEEN, Mr. YOUNG, cosponsors of S. 2593, a bill to protect name of the Senator from Montana Mr. MERKLEY, Mr. KENNEDY, Mrs. the administration of Federal elections (Mr. TESTER) was added as a cosponsor GILLIBRAND, Ms. COLLINS, Mr. MARKEY, against cybersecurity threats. of S. 3298, a bill to extend the authority Mr. JOHNSON, Mr. VAN HOLLEN, Mr. S. 2845 of the Vietnam Veterans Memorial COONS, and Mr. BOOKER) submitted the At the request of Ms. BALDWIN, the Fund, Inc., to establish a visitor center following resolution; which was re- name of the Senator from Ohio (Mr. for the Vietnam Veterans Memorial. ferred to the Committee on Foreign BROWN) was added as a cosponsor of S. S.J. RES. 63 Relations: 2845, a bill to provide collective bar- At the request of Ms. BALDWIN, the S. RES. 622 gaining rights for public safety officers names of the Senator from Colorado Whereas the late United States Senator employed by States or their political (Mr. BENNET), the Senator from Massa- John Sidney McCain, III, wrote on February 4, 2006, ‘‘We in the transatlantic community subdivisions. chusetts (Mr. MARKEY), the Senator should dare to dream today of the future we S. 2996 from Massachusetts (Ms. WARREN), the might help build in Europe’s borderlands, in At the request of Ms. WARREN, the Senator from Minnesota (Ms. KLO- Central Asia, and throughout the Broader name of the Senator from Virginia (Mr. BUCHAR), the Senator from New Mexico Middle East. As partners in a shared and his- KAINE) was added as a cosponsor of S. (Mr. HEINRICH), the Senator from Vir- toric endeavor that has already transformed

VerDate Sep 11 2014 03:05 Sep 07, 2018 Jkt 079060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\A06SE6.016 S06SEPT1 lotter on DSKBCFDHB2PROD with SENATE September 6, 2018 CONGRESSIONAL RECORD — SENATE S6061 the lives of millions, we should discount nei- (4) urges the President to support renam- ticing at municipal indoor courts because of ther the power of our ideals nor the capacity ing NATO headquarters after Senator segregation, Arthur Ashe won the National of our democracies. In turning back the McCain and to direct appropriate officials at Junior Indoor tennis title, becoming the first forces of tyranny and terror, and in helping the Department of State and the Department African-American male to do so and earning to secure the blessings of liberty everywhere, of Defense to advocate for their counterparts a scholarship in 1963 to play tennis at the we will embark on a project worthy of this in NATO member states to support renaming University of California, Los Angeles grand alliance. And in doing so, we will pre- NATO headquarters after Senator McCain. (UCLA), where he joined the Reserve Officer vail, as we have prevailed before—together.’’; f Training Corps; Whereas Senator McCain, as Chairman of Whereas Arthur Ashe graduated from the Committee on Armed Services of the SENATE RESOLUTION 623—TO CON- UCLA with a bachelor’s degree in Business Senate, said during his opening statement on STITUTE THE MAJORITY PAR- Administration and was assigned to West March 23, 2017, ‘‘The price our NATO allies TY’S MEMBERSHIP ON CERTAIN Point by the United States Army, where he paid in blood fighting alongside us should COMMITTEES FOR THE ONE HUN- earned promotions to first lieutenant and never be diminished. And we must never for- DRED FIFTEENTH CONGRESS, OR also led the tennis program; get that America is safer and more secure UNTIL THEIR SUCCESSORS ARE Whereas the amateur and professional ten- because it has allies that are willing to step nis accomplishments of Arthur Ashe in- up and share the burden of collective secu- CHOSEN cluded National Collegiate Athletic Associa- rity.’’; Mr. MCCONNELL submitted the fol- tion singles and doubles titles, the Aus- Whereas Senator McCain stated on July 10, lowing resolution; which was consid- tralian Open title in 1970, and the Wimbledon 2018, ‘‘As we face the most complex and dan- ered and agreed to.: title in 1975; gerous security environment since the end of Whereas Arthur Ashe became the first S. RES. 623 the Cold War, we must not forget that Amer- black player selected to the Davis Cup team ica is safer and more secure because we work Resolved, That the following shall con- for the United States, which he later with and through our allies. Throughout the stitute the majority party’s membership on coached; past seven decades, the United States and its the following committees for the One Hun- Whereas Arthur Ashe’s accomplishments NATO allies have served together, fought to- dred Fifteenth Congress, or until their suc- on the tennis court gave him a platform to gether, and sacrificed together for a vision of cessors are chosen: pursue social justice during a turbulent time the world based on freedom, democracy, COMMITTEE ON ARMED SERVICES: Mr. Inhofe in the civil rights era; human rights and rule of law. Our enduring (Chairman), Mr. Wicker, Mrs. Fischer, Mr. Whereas Arthur Ashe’s activism included alliance stands as an important safeguard in Cotton, Mr. Rounds, Mrs. Ernst, Mr. Tillis, efforts to end apartheid in South Africa; preserving this world order—and it is essen- Mr. Sullivan, Mr. Perdue, Mr. Cruz, Mr. Gra- Whereas Arthur Ashe pushed for, and even- tial to securing our national interests.’’; ham, Mr. Sasse, Mr. Scott, Mr. Kyl. tually earned, a visa to play in the National Whereas Member of Parliament of the COMMITTEE ON HOMELAND SECURITY AND Championships in South Africa in 1973; United Kingdom Tom Tugendhat, Chair of GOVERNMENTAL AFFAIRS: Mr. Johnson Whereas Arthur Ashe was arrested twice, the Foreign Affairs Committee in the House (Chairman), Mr. Portman, Mr. Paul, Mr. first for protesting outside the Embassy of of Commons, has advocated for NATO to re- Lankford, Mr. Enzi, Mr. Hoeven, Mr. Daines, South Africa in Washington, D.C., and later name its headquarters after Senator McCain, Mr. Kyl. for protesting the repatriation of Haitian saying that ‘‘[f]ew argued more passionately COMMITTEE ON INDIAN AFFAIRS: Mr. Hoeven refugees by the United States Government; for a shared commitment to each other’s se- (Chairman), Mr. Barrasso, Mrs. Murkowski, Whereas Arthur Ashe researched the his- curity or understood better that we are all Mr. Lankford, Mr. Daines, Mr. Crapo, Mr. tory of African-American athletics and pub- part of one great experiment in freedom’’; Moran, Mr. Kyl. lished a groundbreaking book, ‘‘Hard Road Whereas NATO has already stated that it f to Glory: A History of the African-American would ‘‘carefully consider’’ renaming its Athlete’’, celebrating the accomplishments headquarters building after Senator McCain; SENATE RESOLUTION 624—COM- of heroes known and unknown; Whereas NATO’s new headquarters build- MEMORATING ARTHUR ASHE, A ing was inaugurated on May 25, 2017, is the Whereas after suffering a heart attack in NATIVE OF RICHMOND, VIR- 1979 and contracting HIV/AIDS as a result of political and administrative center for GINIA, ON THE 50TH ANNIVER- NATO activities, is home to the North At- a blood transfusion, Arthur Ashe resolved to lantic Council and NATO’s international SARY OF HIS HISTORIC WIN AT educate the people of the United States and staff and international military staff, and THE 1968 U.S. OPEN TENNIS the world about the disease and advocated hosts approximately 6,000 meetings a year; CHAMPIONSHIP AND HONORING for more resources to end an epidemic that Whereas former NATO Secretaries General HIS HUMANITARIAN CONTRIBU- disproportionately affected marginalized Anders Fogh Rasmussen, Lord George Rob- TIONS TO CIVIL RIGHTS, EDU- communities, including communities of color; ertson, and Javier Solana have urged NATO CATION, THE MOVEMENT to rename its new headquarters after Sen- Whereas Arthur Ashe succumbed to com- AGAINST APARTHEID IN SOUTH plications from HIV/AIDS and died on Feb- ator McCain, writing that ‘‘few things AFRICA, AND HIV/AIDS AWARE- symbolise this alliance, and the enduring ruary 6, 1993, and became the first African benefits of American global leadership, more NESS American to lie in state at the Governor’s Mansion in Richmond; and vividly than the life and work of John Mr. KAINE (for himself, Mr. WARNER, Whereas President Bill Clinton post- McCain’’ and that ‘‘[w]hether advancing the Mrs. CAPITO, and Mr. BOOKER) sub- cause of freedom across the former Soviet humously awarded Arthur Ashe the Presi- mitted the following resolution; which dential Medal of Freedom on June 20, 1993, states of eastern Europe or defending the was considered and agreed to: multilateral international order at a time of and the Richmond City Council voted unani- skepticism, his work was a beacon for all of S. RES. 624 mously to erect a statue on historic Monu- us who believe that transatlantic unity is Whereas Arthur Ashe won the U.S. Open ment Avenue to honor his achievements: the only means for ensuring peace’’; Tennis Championship on September 9, 1968, Now, therefore, be it Resolved, That the Senate— Whereas current NATO Secretary General in the first year the tournament was open to (1) honors Arthur Ashe, a native of Rich- Jans Stoltenberg wrote that Senator McCain professionals, while he was on active duty mond, Virginia, on the 50th anniversary of ‘‘will be remembered both in Europe and based at the United States Military Acad- his historic win at the U.S. Open Tennis North America for his courage and char- emy, also known as West Point; Championship; and acter, and as a strong supporter of NATO’’; Whereas Arthur Ashe’s victory, following (2) celebrates his contributions to edu- and his amateur U.S. National Championship cation, scholarship, the anti-apartheid move- Whereas renaming NATO headquarters title two weeks earlier, marked the first ment, and HIV/AIDS awareness. after Senator McCain would need the unani- time an African-American man won a major mous approval of all 29 members of NATO: title; f Now, therefore, be it Whereas Arthur Ashe was born in Rich- SENATE CONCURRENT RESOLU- Resolved, That the Senate— mond, Virginia, on July 10, 1943, and raised (1) recognizes, as the late United States by his widowed father in a house on the TION 45—RECOGNIZING SEP- Senator John Sidney McCain, III, did, the grounds of Brook Field, the largest play- TEMBER 11, 2018, AS A ‘‘NA- immense benefits to the United States and ground for blacks in Richmond, the seg- TIONAL DAY OF SERVICE AND the world of the NATO alliance; regated capital of the former Confederacy; REMEMBRANCE’’ (2) strongly supports the renaming of Whereas Arthur Ashe first learned to play Mr. COONS (for himself, Mr. CASSIDY, NATO headquarters in Brussels, Belgium, tennis at 7 years old and showed enough tal- Mr. SCHUMER, Mrs. GILLIBRAND, Mr. after Senator McCain; ent to later receive coaching and guidance (3) calls on all NATO members to support from Dr. Robert Walter Johnson, a pioneer BOOKER, Mr. MENENDEZ, Mr. TOOMEY, renaming NATO headquarters after Senator for black tennis players; Mr. JONES, Mr. BLUMENTHAL, Mr. MAR- McCain, in recognition of his long and iron- Whereas, although prohibited in Richmond KEY, Ms. HARRIS, Ms. HASSAN, Mr. clad support for NATO; and from competing in tournaments and prac- REED, Mr. WHITEHOUSE, Ms. WARREN,

VerDate Sep 11 2014 03:05 Sep 07, 2018 Jkt 079060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\A06SE6.014 S06SEPT1 lotter on DSKBCFDHB2PROD with SENATE S6062 CONGRESSIONAL RECORD — SENATE September 6, 2018 Mr. MURPHY, Mr. KAINE, Mrs. MURRAY, community service or other charitable ac- spect to acquisition of a drug, means the Mr. BROWN, Mr. VAN HOLLEN, Mrs. SHA- tivities of their own choosing in honor of amount to be paid by the enrollee under the health plan, including any cost-sharing (in- HEEN, and Mr. DONNELLY) submitted those who lost their lives or were injured in cluding any deductible, copayment, or coin- the following concurrent resolution; the attacks of September 11, 2001, and in tribute to those who rose to service to come surance) and, as determined by the Sec- which was referred to the Committee to the aid of those in need, and in defense of retary, any other expenditure.’’. on the Judiciary: our Nation; and S. CON RES. 45 (2) urges all people of the United States to SA 4012. Mr. MCCONNELL (for Mr. Whereas, on September 11, 2001, the United continue to live their lives throughout the HATCH (for himself and Mr. HEINRICH)) States of America endured a violent terrorist year with the same spirit of unity, service, proposed an amendment to the bill S. attack leading to the tragic deaths and inju- and compassion that was exhibited through- 1417, to require the Secretary of the In- ries of thousands of innocent United States out the Nation following the terrorist at- terior to develop a categorical exclu- citizens and other citizens from more than 90 tacks of September 11, 2001. sion for covered vegetative manage- different nations and territories; f ment activities carried out to establish Whereas, in response to the attacks in New or improve habitat for greater sage- AMENDMENTS SUBMITTED AND York City, Washington, D.C., and grouse and mule deer, and for other PROPOSED Shanksville, Pennsylvania, firefighters, uni- purposes; as follows: formed officers, emergency medical techni- SA 4011. Mr. LEE submitted an amendment (Purpose: In the nature of a substitute) cians, physicians, nurses, military personnel, intended to be proposed by him to the bill S. Strike all after the enacting clause and in- and other first responders immediately rose 2554, to ensure that health insurance issuers to service in the heroic attempt to save the sert the following: and group health plans do not prohibit phar- SECTION 1. SHORT TITLE. lives of those in danger; macy providers from providing certain infor- Whereas, in the immediate aftermath of This Act may be cited as the ‘‘Sage-Grouse mation to enrollees; which was ordered to lie and Mule Deer Habitat Conservation and the attacks, thousands of recovery workers, on the table . including trades personnel, iron workers, Restoration Act of 2018’’. SA 4012. Mr. MCCONNELL (for Mr. HATCH equipment operators, and many others, SEC. 2. DEFINITIONS. (for himself and Mr. HEINRICH)) proposed an joined with uniformed officers and military In this Act: amendment to the bill S. 1417, to require the (1) COVERED VEGETATION MANAGEMENT AC- personnel to help search for and recover vic- Secretary of the Interior to develop a cat- tims lost in the attacks; TIVITY.— egorical exclusion for covered vegetative (A) IN GENERAL.—The term ‘‘covered vege- Whereas, in the days, weeks, and months management activities carried out to estab- following the attacks, thousands of people in tation management activity’’ means any ac- lish or improve habitat for greater sage- tivity described in subparagraph (B) that— the United States and others spontaneously grouse and mule deer, and for other pur- volunteered to help support the rescue and (i) is carried out on public land adminis- poses. tered by the Bureau of Land Management; recovery efforts, braving both physical and SA 4013. Mr. ALEXANDER submitted an emotional hardship; (ii) meets the objectives of the order of the amendment intended to be proposed by him Secretary numbered 3336 and dated January Whereas many first responders, rescue and to the bill H.R. 6, to provide for opioid use recovery workers, volunteers, and survivors 5, 2015; disorder prevention, recovery, and treat- (iii) conforms to an applicable land use of the attacks continue to suffer from seri- ment, and for other purposes; which was or- plan; ous medical illnesses and emotional distress dered to lie on the table. (iv) protects, restores, or improves greater related to the physical and mental trauma of SA 4014. Mr. MCCONNELL (for Mr. ALEX- sage-grouse or mule deer habitat in a sage- the tragedy; ANDER) proposed an amendment to the bill brush steppe ecosystem as described in— Whereas hundreds of thousands of brave H.R. 302, to provide protections for certain (I) Circular 1416 of the United States Geo- men and women continue to serve every day, sports medicine professionals who provide logical Survey entitled ‘‘Restoration Hand- having answered the call to duty as members certain medical services in a secondary book for Sagebrush Steppe Ecosystems with of the Armed Forces of the United States, State. Emphasis on Greater Sage-Grouse Habitat— with some having given their lives or suf- f Part 1. Concepts for Understanding and Ap- fered injury to defend our Nation’s security plying Restoration’’ (2015); or and prevent further terrorist attacks; TEXT OF AMENDMENTS (II) the habitat guidelines for mule deer Whereas the entire Nation witnessed and SA 4011. Mr. LEE submitted an published by the Mule Deer Working Group endured the tragedy of September 11, 2001, of the Western Association of Fish and Wild- and, in the immediate aftermath of the at- amendment intended to be proposed by life Agencies; tacks, became unified under a remarkable him to the bill S. 2554, to ensure that (v) will not permanently impair— spirit of service and compassion that in- health insurance issuers and group (I) the natural state of the treated area; spired the Nation; health plans do not prohibit pharmacy (II) outstanding opportunities for solitude; Whereas, in the years immediately fol- providers from providing certain infor- (III) outstanding opportunities for primi- lowing the attacks of September 11, 2001, the tive, unconfined recreation; Bureau of Labor Statistics documented a mation to enrollees; which was ordered to lie on the table; as follows: (IV) economic opportunities consistent marked increase in volunteerism among citi- with multiple-use management; or zens in the United States; On page 4, strike line 2 and all that follows (V) the identified values of a unit of the Whereas, on March 31, 2009, Congress through line 6 on page 5 and insert the fol- National Landscape Conservation System; adopted the bipartisan Edward M. Kennedy lowing: and Serve America Act, which, signed into law ‘‘(a) IN GENERAL.—A self-insured group (vi)(I) restores native vegetation following on April 21, 2009, by President Barack Obama health plan shall— a natural disturbance; authorized, at the request of the 9/11 commu- ‘‘(1) not restrict, directly or indirectly, any (II) prevents the expansion into greater nity, for the first time Federal recognition of pharmacy that dispenses a prescription drug sage-grouse or mule deer habitat of— September 11 as a ‘‘National Day of Service to an enrollee in the plan from informing (or (aa) juniper, pinyon pine, or other associ- and Remembrance’’; and penalize such pharmacy for informing) an ated conifers; or Whereas, since Congress and the President enrollee of any differential between the en- (bb) nonnative or invasive vegetation; provided for Federal recognition of Sep- rollee’s out-of-pocket cost under the plan (III) reduces the risk of loss of greater tember 11 as a ‘‘National Day of Service and with respect to acquisition of the drug and sage-grouse or mule deer habitat from wild- Remembrance’’, commonly referred to today the amount an individual would pay for ac- fire or any other natural disturbance; or as ‘‘9/11 Day’’, more than 30,000,000 people in quisition of the drug without using the plan; (IV) provides emergency stabilization of the United States now observe the anniver- and soil resources after a natural disturbance. sary by engaging in a wide range of chari- ‘‘(2) ensure that any entity that provides (B) DESCRIPTION OF ACTIVITIES.—An activ- table service activities and private forms of pharmacy benefits management services ity referred to in subparagraph (A) is— prayer and remembrance: Now, therefore, be under a contract with any such health plan (i) manual cutting and removal of juniper it does not, with respect to such plan, restrict, trees, pinyon pine trees, other associated Resolved by the Senate (the House of Rep- directly or indirectly, a pharmacy that dis- conifers, or other nonnative or invasive vege- resentatives concurring), That Congress— penses a prescription drug from informing tation; (1) calls upon its Members and all people of (or penalize such pharmacy for informing) an (ii) mechanical mastication, cutting, or the United States to observe September 11, enrollee of any differential between the en- mowing, mechanical piling and burning, 2018, as a ‘‘National Day of Service and Re- rollee’s out-of-pocket cost under the plan chaining, broadcast burning, or yarding; membrance’’, with appropriate and personal with respect to acquisition of the drug and (iii) removal of cheat grass, medusa head expressions of reflection, which can include the amount an individual would pay for ac- rye, or other nonnative, invasive vegetation; performing good deeds, displaying the United quisition of the drug without using the plan. (iv) collection and seeding or planting of States flag, attending memorial and remem- ‘‘(b) DEFINITION.—For purposes of this sec- native vegetation using a manual, mechan- brance services, and voluntarily engaging in tion, the term ‘out-of-pocket cost’, with re- ical, or aerial method;

VerDate Sep 11 2014 03:05 Sep 07, 2018 Jkt 079060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\A06SE6.019 S06SEPT1 lotter on DSKBCFDHB2PROD with SENATE September 6, 2018 CONGRESSIONAL RECORD — SENATE S6063 (v) seeding of nonnative, noninvasive, mule deer in the absence of landscape-scale Subtitle C—Medical Products and Controlled ruderal vegetation only for the purpose of vegetation management; and Substances Safety emergency stabilization; (iii) the need for habitat restoration activi- Sec. 1301. Clarifying FDA regulation of non- (vi) targeted use of an herbicide, subject to ties after wildfire or other natural disturb- addictive pain products. the condition that the use shall be in accord- ances. Sec. 1302. Clarifying FDA packaging au- ance with applicable legal requirements, (b) IMPLEMENTATION OF COVERED VEGETA- thorities. Federal agency procedures, and land use TIVE MANAGEMENT ACTIVITIES WITHIN THE Sec. 1303. Strengthening FDA and CBP co- plans; RANGE OF GREATER SAGE-GROUSE AND MULE ordination and capacity. (vii) targeted livestock grazing to mitigate DEER.—If a categorical exclusion developed Sec. 1304. Clarifying FDA post-market au- hazardous fuels and control noxious and under subsection (a) is used to implement a thorities. invasive weeds; covered vegetative management activity in Sec. 1305. Restricting entrance of illicit (viii) temporary removal of wild horses or an area within the range of both greater drugs. burros in the area in which the activity is sage-grouse and mule deer, the covered vege- Sec. 1306. First responder training. being carried out to ensure treatment objec- tative management activity shall protect, Sec. 1307. Disposal of controlled substances tives are met; restore, or improve habitat concurrently for of hospice patients. (ix) in coordination with the affected per- both greater sage-grouse and mule deer. Sec. 1308. GAO study and report on hospice mit holder, modification or adjustment of (c) LONG-TERM MONITORING AND MAINTE- safe drug management. permissible usage under an annual plan of NANCE.—Before commencing any covered Sec. 1309. Delivery of a controlled substance use of a grazing permit issued by the Sec- vegetation management activity that is cov- by a pharmacy to be adminis- retary to achieve restoration treatment ob- ered by a categorical exclusion under sub- tered by injection or implanta- jectives; section (a), the Secretary shall develop a tion. long-term monitoring and maintenance plan, (x) installation of new, or modification of Subtitle D—Treatment and Recovery existing, fencing or water sources intended covering at least the 20 year-period begin- Sec. 1401. Comprehensive opioid recovery to control use or improve wildlife habitat; or ning on the date of commencement, to en- centers. (xi) necessary maintenance of, repairs to, sure that management of the treated area Sec. 1402. Program to support coordination rehabilitation of, or reconstruction of an ex- does not degrade the habitat gains secured and continuation of care for isting permanent road or construction of by the covered vegetation management ac- drug overdose patients. temporary roads to accomplish the activities tivity. (d) DISPOSAL OF VEGETATIVE MATERIAL.— Sec. 1403. Alternatives to opioids. described in this subparagraph. Sec. 1404. Building communities of recovery. (C) EXCLUSIONS.—The term ‘‘covered vege- Subject to applicable local restrictions, any vegetative material resulting from a covered Sec. 1405. Peer support technical assistance tation management activity’’ does not in- center. clude— vegetation management activity that is cov- ered by a categorical exclusion under sub- Sec. 1406. Medication-assisted treatment for (i) any activity conducted in a wilderness recovery from addiction. area or wilderness study area; or section (a) may be— (1) used for— Sec. 1407. Grant program. (ii) any activity for the construction of a Sec. 1408. Allowing for more flexibility with permanent road or permanent trail. (A) fuel wood; or (B) other products; or respect to medication-assisted (2) SECRETARY.—The term ‘‘Secretary’’ treatment for opioid use dis- means the Secretary of the Interior. (2) piled or burned, or both. (e) TREATMENT FOR TEMPORARY ROADS.— orders. (3) TEMPORARY ROAD.—The term ‘‘tem- (1) IN GENERAL.—Notwithstanding section Sec. 1409. National recovery housing best porary road’’ means a road that is— practices. (A) authorized— 2(1)(B)(xi), any temporary road constructed in carrying out a covered vegetation man- Sec. 1410. Addressing economic and work- (i) by a contract, permit, lease, other writ- force impacts of the opioid cri- ten authorization; or agement activity that is covered by a cat- egorical exclusion under subsection (a)— sis. (ii) pursuant to an emergency operation; Sec. 1411. Career Act. (B) not intended to be part of the perma- (A) shall be used by the Secretary for the covered vegetation management activity for Sec. 1412. Pilot program to help individuals nent transportation system of a Federal de- in recovery from a substance partment or agency; not more than 2 years; and (B) shall be decommissioned by the Sec- use disorder become stably (C) not necessary for long-term resource housed. management; retary not later than 3 years after the earlier of the date on which— Sec. 1413. Youth prevention and recovery. (D) designed in accordance with standards Sec. 1414. Plans of safe care. (i) the temporary road is no longer needed; appropriate for the intended use of the road, Sec. 1415. Regulations relating to special and taking into consideration— registration for telemedicine. (ii) the project is completed. (i) safety; Sec. 1416. National Health Service Corps be- (2) REQUIREMENT.—A treatment under (ii) the cost of transportation; and havioral and mental health pro- paragraph (1) shall include reestablishing na- (iii) impacts to land and resources; and fessionals providing obligated tive vegetative cover— (E) managed to minimize— service in schools and other (A) as soon as practicable; but (i) erosion; and community-based settings. (B) not later than 10 years after the date of (ii) the introduction or spread of invasive Sec. 1417. Loan repayment for substance use completion of the applicable covered vegeta- species. disorder treatment providers. tion management activity. SEC. 3. IMPROVEMENT OF HABITAT FOR GREAT- Sec. 1418. Protecting moms and infants. ER SAGE-GROUSE AND MULE DEER. SA 4013. Mr. ALEXANDER submitted Sec. 1419. Early interventions for pregnant (a) CATEGORICAL EXCLUSION.— women and infants. an amendment intended to be proposed Sec. 1420. Report on investigations regard- (1) IN GENERAL.—Not later than 1 year after by him to the bill H.R. 6, to provide for the date of the enactment of this Act, the ing parity in mental health and Secretary shall develop 1 or more categorical opioid use disorder prevention, recov- substance use disorder benefits. exclusions (as defined in section 1508.4 of ery, and treatment, and for other pur- Subtitle E—Prevention title 40, Code of Federal Regulations (or a poses; which was ordered to lie on the Sec. 1501. Study on prescribing limits. successor regulation)) for covered vegetation table; as follows: Sec. 1502. Programs for health care work- management activities carried out to pro- Strike all after the enacting clause and in- force. tect, restore, or improve habitat for greater sert the following: Sec. 1503. Education and awareness cam- sage-grouse or mule deer. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. paigns. (2) ADMINISTRATION.—In developing and ad- (a) SHORT TITLE.—This Act may be cited as Sec. 1504. Enhanced controlled substance ministering a categorical exclusion under the ‘‘Opioid Crisis Response Act of 2018’’. overdoses data collection, anal- paragraph (1), the Secretary shall— (b) TABLE OF CONTENTS.—The table of con- ysis, and dissemination. (A) comply with the National Environ- tents for this Act is as follows: Sec. 1505. Preventing overdoses of controlled mental Policy Act of 1969 (42 U.S.C. 4321 et Sec. 1. Short title; table of contents. substances. seq.); TITLE I—OPIOID CRISIS RESPONSE ACT Sec. 1506. CDC surveillance and data collec- (B) apply the extraordinary circumstances tion for child, youth, and adult Sec. 1001. Definitions. procedures under section 220.6 of title 36, trauma. Code of Federal Regulations (or successor Subtitle A—Reauthorization of Cures Sec. 1507. Reauthorization of NASPER. regulations), in determining whether to use Funding Sec. 1508. Jessie’s law. the categorical exclusion; and Sec. 1101. State response to the opioid abuse Sec. 1509. Development and dissemination of (C) consider— crisis. model training programs for (i) the relative efficacy of landscape-scale Subtitle B—Research and Innovation substance use disorder patient habitat projects; Sec. 1201. Advancing cutting-edge research. records. (ii) the likelihood of continued declines in Sec. 1202. Pain research. Sec. 1510. Communication with families dur- the populations of greater sage-grouse and Sec. 1203. Report on synthetic drug use. ing emergencies.

VerDate Sep 11 2014 03:05 Sep 07, 2018 Jkt 079060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0655 E:\CR\FM\A06SE6.029 S06SEPT1 lotter on DSKBCFDHB2PROD with SENATE S6064 CONGRESSIONAL RECORD — SENATE September 6, 2018 Sec. 1511. Prenatal and postnatal health. Subtitle C—Human Services Subtitle E—Opioid Quota Reform Sec. 1512. Surveillance and education re- Sec. 2301. Supporting family-focused resi- Sec. 3501. Short title. garding infections associated dential treatment. Sec. 3502. Strengthening considerations for with illicit drug use and other Sec. 2302. Improving recovery and reunifying DEA opioid quotas. risk factors. families. Subtitle F—Preventing Drug Diversion Sec. 1513. Task force to develop best prac- Sec. 2303. Building capacity for family-fo- Sec. 3601. Short title. tices for trauma-informed iden- cused residential treatment. tification, referral, and support. Sec. 3602. Improvements to prevent drug di- Sec. 1514. Grants to improve trauma support Subtitle D—Synthetics Trafficking and version. Overdose Prevention services and mental health care Subtitle G—Sense of Congress Sec. 2401. Short title. for children and youth in edu- Sec. 3701. Sense of Congress. cational settings. Sec. 2402. Customs fees. Sec. 1515. National Child Traumatic Stress Sec. 2403. Mandatory advance electronic in- TITLE IV—COMMERCE Initiative. formation for postal shipments. Subtitle A—Fighting Opioid Abuse in Sec. 1516. National milestones to measure Sec. 2404. International postal agreements. Transportation success in curtailing the opioid Sec. 2405. Cost recoupment. Sec. 4101. Short title. crisis. Sec. 2406. Development of technology to de- Sec. 4102. Rail mechanical employee con- TITLE II—FINANCE tect illicit narcotics. trolled substances and alcohol Sec. 2407. Civil penalties for postal ship- Sec. 2001. Short title. testing. ments. Subtitle A—Medicare Sec. 4103. Rail yardmaster controlled sub- Sec. 2408. Report on violations of arrival, re- stances and alcohol testing. Sec. 2101. Medicare opioid safety education. porting, entry, and clearance Sec. 4104. Department of Transportation Sec. 2102. Expanding the use of telehealth requirements and falsity or public drug and alcohol testing services for the treatment of lack of manifest. database. opioid use disorder and other Sec. 2409. Effective date; regulations. Sec. 4105. GAO report on Department of substance use disorders. TITLE III—JUDICIARY Sec. 2103. Comprehensive screenings for sen- Transportation’s collection and iors. Subtitle A—Access to Increased Drug use of drug and alcohol testing Sec. 2104. Every prescription conveyed se- Disposal data. curely. Sec. 3101. Short title. Sec. 4106. Transportation Workplace Drug Sec. 2105. Standardizing electronic prior au- Sec. 3102. Definitions. and Alcohol Testing Program; thorization for safe prescribing. Sec. 3103. Authority to make grants. addition of fentanyl. Sec. 2106. Strengthening partnerships to pre- Sec. 3104. Application. Sec. 4107. Status reports on hair testing vent opioid abuse. Sec. 3105. Use of grant funds. guidelines. Sec. 2107. Commit to opioid medical pre- Sec. 3106. Eligibility for grant. Sec. 4108. Mandatory Guidelines for Federal scriber accountability and safe- Sec. 3107. Duration of grants. Workplace Drug Testing Pro- ty for seniors. Sec. 3108. Accountability and oversight. grams Using Oral Fluid. Sec. 2108. Fighting the opioid epidemic with Sec. 3109. Duration of program. Sec. 4109. Electronic recordkeeping. sunshine. Sec. 3110. Authorization of appropriations. Sec. 4110. Status reports on Commercial Sec. 2109. Demonstration testing coverage of Driver’s License Drug and Alco- Subtitle B—Using Data To Prevent Opioid certain services furnished by hol Clearinghouse. Diversion opioid treatment programs. Subtitle B—Opioid Addiction Recovery Sec. 2110. Encouraging appropriate pre- Sec. 3201. Short title. Fraud Prevention scribing under Medicare for vic- Sec. 3202. Purpose. Sec. 3203. Amendments. Sec. 4201. Short title. tims of opioid overdose. Sec. 4202. Definitions. Sec. 2111. Automatic escalation to external Sec. 3204. Report. Sec. 4203. False or misleading representa- review under a Medicare part D Subtitle C—Substance Abuse Prevention tions with respect to opioid drug management program for Sec. 3301. Short title. treatment programs and prod- at-risk beneficiaries. Sec. 3302. Reauthorization of the Office of ucts. Sec. 2112. Testing of incentive payments for National Drug Control Policy. TITLE I—OPIOID CRISIS RESPONSE ACT behavioral health providers for Sec. 3303. Reauthorization of the Drug-Free adoption and use of certified Communities Program. SEC. 1001. DEFINITIONS. electronic health record tech- Sec. 3304. Reauthorization of the National In this title— nology. Community Anti-Drug Coali- (1) the terms ‘‘Indian Tribe’’ and ‘‘tribal Sec. 2113. Medicare Improvement Fund. tion Institute. organization’’ have the meanings given the Subtitle B—Medicaid Sec. 3305. Reauthorization of the High-In- terms ‘‘Indian tribe’’ and ‘‘tribal organiza- Sec. 2201. Caring recovery for infants and tensity Drug Trafficking Area tion’’ in section 4 of the Indian Self-Deter- babies. Program. mination and Education Assistance Act (25 Sec. 2202. Peer support enhancement and Sec. 3306. Reauthorization of drug court pro- U.S.C. 5304); and evaluation review. gram. (2) the term ‘‘Secretary’’ means the Sec- Sec. 2203. Medicaid substance use disorder Sec. 3307. Drug court training and technical retary of Health and Human Services, unless treatment via telehealth. assistance. otherwise specified. Sec. 2204. Enhancing patient access to non- Sec. 3308. Drug overdose response strategy. Subtitle A—Reauthorization of Cures opioid treatment options. Sec. 3309. Protecting law enforcement offi- Funding Sec. 2205. Assessing barriers to opioid use cers from accidental exposure. disorder treatment. SEC. 1101. STATE RESPONSE TO THE OPIOID Sec. 3310. COPS Anti-Meth Program. ABUSE CRISIS. Sec. 2206. Help for moms and babies. Sec. 3311. COPS anti-heroin task force pro- (a) IN GENERAL.—Section 1003 of the 21st Sec. 2207. Securing flexibility to treat sub- gram. stance use disorders. Century Cures Act (Public Law 114–255) is Sec. 3312. Comprehensive Addiction and Re- amended— Sec. 2208. MACPAC study and report on covery Act education and MAT utilization controls under (1) in subsection (a)— awareness. (A) by striking ‘‘the authorization of ap- State Medicaid programs. Sec. 3313. Protecting children with addicted Sec. 2209. Opioid addiction treatment pro- propriations under subsection (b) to carry parents. out the grant program described in sub- grams enhancement. Sec. 3314. Reimbursement of substance use Sec. 2210. Better data sharing to combat the section (c)’’ and inserting ‘‘subsection (h) to disorder treatment profes- carry out the grant program described in opioid crisis. sionals. Sec. 2211. Mandatory reporting with respect subsection (b)’’; and Sec. 3315. Sobriety Treatment and Recovery to adult behavioral health (B) by inserting ‘‘and Indian Tribes’’ after Teams (START). measures. ‘‘States’’; Sec. 3316. Provider education. Sec. 2212. Report on innovative State initia- (2) by striking subsection (b); Sec. 3317. Demand reduction. tives and strategies to provide (3) by redesignating subsections (c) Sec. 3318. Anti-drug media campaign. housing-related services and through (e) as subsections (b) through (d), re- Sec. 3319. Technical corrections to the office supports to individuals strug- spectively; of national drug control policy gling with substance use dis- (4) by redesignating subsection (f) as sub- reauthorization act of 1998. orders under Medicaid. section (j); Sec. 2213. Technical assistance and support Subtitle D—Synthetic Abuse and Labeling of (5) in subsection (b), as so redesignated— for innovative State strategies Toxic Substances (A) in paragraph (1)— to provide housing-related sup- Sec. 3401. Short title. (i) in the paragraph heading, by inserting ports under Medicaid. Sec. 3402. Controlled substance analogues. ‘‘AND INDIAN TRIBE’’ after ‘‘STATE’’;

VerDate Sep 11 2014 03:05 Sep 07, 2018 Jkt 079060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\A06SE6.032 S06SEPT1 lotter on DSKBCFDHB2PROD with SENATE September 6, 2018 CONGRESSIONAL RECORD — SENATE S6065 (ii) by striking ‘‘States for the purpose of under subsection (b) for a fiscal year, 5 per- SEC. 1203. REPORT ON SYNTHETIC DRUG USE. addressing the opioid abuse crisis within cent of such amount for such fiscal year (a) IN GENERAL.—Not later than 3 years such States’’ and inserting ‘‘States and In- shall be made available to Indian Tribes, and after the date of the enactment of this Act, dian Tribes for the purpose of addressing the up to 15 percent of such amount for such fis- the Secretary shall submit to the Committee opioid abuse crisis within such States and cal year may be set aside for States with the on Health, Education, Labor, and Pensions of Indian Tribes’’; highest age-adjusted rate of drug overdose the Senate and the Committee on Energy (iii) by inserting ‘‘or Indian Tribes’’ after death based on the ordinal ranking of States and Commerce of the House of Representa- ‘‘preference to States’’; and according to the Director of the Centers for tives a report on the health effects of new (iv) by inserting before the period of the Disease Control and Prevention.’’. psychoactive substances, including synthetic second sentence ‘‘or other Indian Tribes, as (b) CONFORMING AMENDMENT.—Section drugs, by adolescents and young adults. applicable’’; 1004(c) of the 21st Century Cures Act (Public (b) NEW PSYCHOACTIVE SUBSTANCE DE- (B) in paragraph (2)— Law 114–255) is amended by striking ‘‘, the FINED.—For purposes of subsection (a), the (i) in the matter preceding subparagraph FDA Innovation Account, or the Account term ‘‘new psychoactive substance’’ means a (A), by striking ‘‘to a State’’; For the State Response to the Opioid Abuse controlled substance analogue (as defined in (ii) in subparagraph (A), by striking Crisis’’ and inserting ‘‘or the FDA Innova- section 102(32) of the Controlled Substances ‘‘State’’; tion Account’’. Act (21 U.S.C. 802(32))). (iii) in subparagraph (C), by inserting ‘‘pre- Subtitle B—Research and Innovation Subtitle C—Medical Products and Controlled venting diversion of controlled substances,’’ SEC. 1201. ADVANCING CUTTING-EDGE RE- Substances Safety after ‘‘treatment programs,’’; and SEARCH. SEC. 1301. CLARIFYING FDA REGULATION OF (iv) in subparagraph (E), by striking ‘‘as Section 402(n)(1) of the Public Health Serv- NON-ADDICTIVE PAIN PRODUCTS. the State determines appropriate, related to ice Act (42 U.S.C. 282(n)(1)) is amended— (a) PUBLIC MEETINGS.—Not later than one addressing the opioid abuse crisis within the (1) in subparagraph (A), by striking ‘‘or’’; year after the date of enactment of this Act, State’’ and inserting ‘‘as the State or Indian (2) in subparagraph (B), by striking the pe- the Secretary, acting through the Commis- Tribe determines appropriate, related to ad- riod and inserting ‘‘; or’’; and sioner of Food and Drugs, shall hold not less dressing the opioid abuse crisis within the (3) by adding at the end the following: than one public meeting to address the chal- State, including directing resources in ac- ‘‘(C) high impact cutting-edge research lenges and barriers of developing non-addict- cordance with local needs related to sub- that fosters scientific creativity and in- ive medical products intended to treat pain stance use disorders’’; creases fundamental biological under- or addiction, which may include— (6) in subsection (c), as so redesignated, by standing leading to the prevention, diag- (1) the manner by which the Secretary may striking ‘‘subsection (c)’’ and inserting ‘‘sub- nosis, or treatment of diseases and disorders, incorporate the risks of misuse and abuse of section (b)’’; or research urgently required to respond to a a controlled substance (as defined in section (7) in subsection (d), as so redesignated— public health threat.’’. 102 of the Controlled Substances Act (21 (A) in the matter preceding paragraph (1), SEC. 1202. PAIN RESEARCH. U.S.C. 802) into the risk benefit assessments by striking ‘‘the authorization of appropria- Section 409J(b) of the Public Health Serv- under subsections (d) and (e) of section 505 of tions under subsection (b)’’ and inserting ice Act (42 U.S.C. 284q(b)) is amended— the Federal Food, Drug, and Cosmetic Act ‘‘subsection (h)’’; and (1) in paragraph (5)— (21 U.S.C. 355), section 510(k) of such Act (21 (B) in paragraph (1), by striking ‘‘sub- (A) in subparagraph (A), by striking ‘‘and U.S.C. 360(k)), or section 515(c) of such Act section (c)’’ and inserting ‘‘subsection (b)’’; treatment of pain and diseases and disorders (21 U.S.C. 360e(c)), as applicable; and associated with pain’’ and inserting ‘‘treat- (2) the application of novel clinical trial (8) by inserting after subsection (d), as so ment, and management of pain and diseases designs (consistent with section 3021 of the redesignated, the following: and disorders associated with pain, including 21st Century Cures Act (Public Law 114–255)), ‘‘(e) INDIAN TRIBES.— information on best practices for utilization use of real world evidence (consistent with ‘‘(1) DEFINITION.—For purposes of this sec- of non-pharmacologic treatments, non-ad- section 505F of the Federal Food, Drug, and tion, the term ‘Indian Tribe’ has the mean- dictive medical products, and other drugs or Cosmetic Act (21 U.S.C. 355g)), and use of pa- ing given the term ‘Indian tribe’ in section 4 devices approved or cleared by the Food and tient experience data (consistent with sec- of the Indian Self-Determination and Edu- Drug Administration’’; tion 569C of the Federal Food, Drug, and Cos- cation Assistance Act (25 U.S.C. 5304). (B) in subparagraph (B), by striking ‘‘on metic Act (21 U.S.C. 360bbb–8c)) for the devel- ‘‘(2) APPROPRIATE MECHANISMS.—The Sec- the symptoms and causes of pain;’’ and in- opment of non-addictive medical products retary, in consultation with Indian Tribes, serting the following: ‘‘on— intended to treat pain or addiction; shall identify and establish appropriate ‘‘(i) the symptoms and causes of pain, in- (3) the evidentiary standards and the devel- mechanisms for Tribes to demonstrate or re- cluding the identification of relevant bio- opment of opioid sparing data for inclusion port the information as required under sub- markers and screening models and the epide- in the labeling of medical products; and sections (b), (c), and (d). miology of acute and chronic pain; (4) the application of eligibility criteria ‘‘(f) REPORT TO CONGRESS.—Not later than ‘‘(ii) the diagnosis, prevention, treatment, under sections 506 and 515B of the Federal 1 year after the date on which amounts are and management of acute or chronic pain, Food, Drug, and Cosmetic Act (21 U.S.C. 356, first awarded after the date of enactment of including with respect to non-pharmacologic 360e–3) for non-addictive medical products the Opioid Crisis Response Act of 2018, pursu- treatments, non-addictive medical products, intended to treat pain or addiction. ant to subsection (b), and annually there- and other drugs or devices approved or (b) GUIDANCE.—Not less than one year after after, the Secretary shall submit to the Com- cleared by the Food and Drug Administra- the public meetings are conducted under sub- mittee on Health, Education, Labor, and tion; and section (a) the Secretary shall issue one or Pensions of the Senate and the Committee ‘‘(iii) risk factors for, and early warning more final guidance documents, or update on Energy and Commerce of the House of existing guidance documents, to help address Representatives a report summarizing the signs of, substance use disorders; and’’; and information provided to the Secretary in re- (C) by striking subparagraphs (C) through challenges to developing non-addictive med- ports made pursuant to subsection (c), in- (E) and inserting the following: ical products to treat pain or addiction. Such cluding the purposes for which grant funds ‘‘(C) make recommendations to the Direc- guidance documents shall include informa- are awarded under this section and the ac- tor of NIH— tion regarding— tivities of such grant recipients. ‘‘(i) to ensure that the activities of the Na- (1) how the Food and Drug Administration ‘‘(g) TECHNICAL ASSISTANCE.—The Sec- tional Institutes of Health and other Federal may apply sections 506 and 515B of the Fed- retary, including through the Tribal Train- agencies are free of unnecessary duplication eral Food, Drug, and Cosmetic Act (21 U.S.C. ing and Technical Assistance Center of the of effort; 356, 360e–3) to non-addictive medical products Substance Abuse and Mental Health Services ‘‘(ii) on how best to disseminate informa- intended to treat pain or addiction, includ- Administration, shall provide State agencies tion on pain care and epidemiological data ing the circumstances under which the Sec- and Indian Tribes, as applicable, with tech- related to acute and chronic pain; and retary— nical assistance concerning grant applica- ‘‘(iii) on how to expand partnerships be- (A) may apply the eligibility criteria under tion and submission procedures under this tween public entities and private entities to such sections 506 and 515B to non-addictive section, award management activities, and expand collaborative, cross-cutting re- medical products intended to treat pain or enhancing outreach and direct support to search.’’; addiction; rural and underserved communities and pro- (2) by redesignating paragraph (6) as para- (B) considers the risk of addiction of con- viders in addressing the opioid crisis. graph (7); and trolled substances approved to treat pain ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— (3) by inserting after paragraph (5) the fol- when establishing unmet medical need; and For purposes of carrying out the grant pro- lowing: (C) considers pain, pain control, or pain gram under subsection (b), there is author- ‘‘(6) REPORT.—The Director of NIH shall management in assessing whether a disease ized to be appropriated $500,000,000 for each ensure that recommendations and actions or condition is a serious or life-threatening of fiscal years 2019 through 2021, to remain taken by the Director with respect to the disease or condition; available until expended. topics discussed at the meetings described in (2) the methods by which sponsors may ‘‘(i) SET ASIDE.—Of the amounts made paragraph (4) are included in appropriate re- evaluate acute and chronic pain, endpoints available for each fiscal year to award grants ports to Congress.’’. for non-addictive medical products intended

VerDate Sep 11 2014 03:05 Sep 07, 2018 Jkt 079060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\A06SE6.032 S06SEPT1 lotter on DSKBCFDHB2PROD with SENATE S6066 CONGRESSIONAL RECORD — SENATE September 6, 2018 to treat pain, the manner in which endpoints tions (or any successor regulation)) if the real-time information, including information and evaluations of efficacy will be applied Secretary has determines that such safe dis- about test results, as appropriate. across and within review divisions, taking posal packaging or system may mitigate (2) INNOVATIVE TECHNOLOGY.—Any tech- into consideration the etiology of the under- such serious risk and exists in sufficient nology used in accordance with paragraph lying disease, and the manner in which spon- quantities.’’. (1)(B) shall be interoperable with technology sors may use surrogate endpoints, inter- (b) ASSURING ACCESS AND MINIMIZING BUR- used by other relevant Federal agencies, in- mediate endpoints, and real world evidence; DEN.—Section 505–1(f)(2)(C) of the Federal cluding the U.S. Customs and Border Protec- (3) the manner in which the Food and Drug Food, Drug, and Cosmetic Act (21 U.S.C. 355– tion, as the Secretary determines appro- Administration will assess evidence to sup- 1(f)(2)(C)) is amended— priate. port the inclusion of opioid sparing data in (1) in clause (i) by striking ‘‘and’’ at the (c) REPORT.—Not later than 6 months after the labeling of non-addictive medical prod- end; and the date of enactment of this Act, the Sec- ucts intended to treat pain, including— (2) by adding at the end the following: retary, in consultation with the Secretary of (A) data collection methodologies, includ- ‘‘(iii) patients with functional needs; and’’. Homeland Security and the Postmaster Gen- ing the use of novel clinical trial designs (c) APPLICATION TO ABBREVIATED NEW DRUG eral of the United States Postal Service, (consistent with section 3021 of the 21st Cen- APPLICATIONS.—Section 505–1(i) of the Fed- shall report to the relevant committees of tury Cures Act (Public Law 114–255)) and real eral Food, Drug, and Cosmetic Act (21 U.S.C. Congress on the implementation of this sec- world evidence (consistent with section 505F 355–1(i)) is amended— tion, including a summary of progress made of the Federal Food, Drug, and Cosmetic Act (1) in paragraph (1)— towards near-real-time information sharing (21 U.S.C. 355g)), as appropriate, to support (A) by redesignating subparagraph (B) as and the interoperability of such tech- product labeling; subparagraph (C); and nologies. (B) ethical considerations of exposing sub- (B) inserting after subparagraph (A) the (d) AUTHORIZATION OF APPROPRIATIONS.— jects to controlled substances in clinical following: Out of amounts otherwise available to the trials to develop opioid sparing data and con- ‘‘(B) A packaging or disposal requirement, Secretary, the Secretary may allocate such siderations on data collection methods that if required under subsection (e)(4) for the ap- sums as may be necessary for purposes of reduce harm, which may include the reduc- plicable listed drug.’’; and carrying out this section. tion of opioid use as a clinical benefit; (2) in paragraph (2)— SEC. 1304. CLARIFYING FDA POST-MARKET AU- (C) endpoints, including primary, sec- (A) in subparagraph (A), by striking ‘‘and’’ THORITIES. ondary, and surrogate endpoints, to evaluate at the end; Section 505–1(b)(1)(E) of the Federal Food, the reduction of opioid use; (B) by redesignating subparagraph (B) as Drug, and Cosmetic Act (21 U.S.C. 355– (D) best practices for communication be- subparagraph (C); and 1(b)(1)(E)) is amended by striking ‘‘of the tween sponsors and the agency on the devel- (C) by inserting after subparagraph (A) the drug’’ and inserting ‘‘of the drug, which may opment of data collection methods, includ- following: include reduced effectiveness under the con- ing the initiation of data collection; and ‘‘(B) shall permit packaging systems and ditions of use prescribed in the labeling of (E) the appropriate format in which to sub- safe disposal packaging or safe disposal sys- such drug, but which may not include re- mit such data results to the Secretary; and tems that are different from those required duced effectiveness that is in accordance (4) the circumstances under which the for the applicable listed drug under sub- with such labeling’’. Food and Drug Administration considers section (e)(4); and’’. SEC. 1305. RESTRICTING ENTRANCE OF ILLICIT misuse and abuse of a controlled substance SEC. 1303. STRENGTHENING FDA AND CBP CO- DRUGS. (as defined in section 102 of the Controlled ORDINATION AND CAPACITY. (a) IN GENERAL.—The Secretary, acting Substances Act (21 U.S.C. 802) in making the (a) IN GENERAL.—The Secretary, acting through the Commissioner of Food and risk benefit assessment under paragraphs (2) through the Commissioner of Food and Drugs, upon discovering or receiving, in a and (4) of subsection (d) of section 505 of the Drugs, shall coordinate with the Secretary of package being offered for import, a con- Federal Food, Drug, and Cosmetic Act (21 Homeland Security to carry out activities trolled substance that is offered for import U.S.C. 355) and in finding that a drug is un- related to customs and border protection and in violation of any requirement of the Con- safe under paragraph (1) or (2) of subsection response to illegal controlled substances and trolled Substances Act (21 U.S.C. 801 et seq.), (e) of such section. drug imports, including at sites of import the Controlled Substances Import and Ex- (c) DEFINITIONS.—In this section— (such as international mail facilities). Such port Act (21 U.S.C. 951 et seq.), the Federal (1) the term ‘‘medical product’’ means a Secretaries may carry out such activities Food, Drug, and Cosmetic Act (21 U.S.C. 301 drug (as defined in section 201(g)(1) of the through a memorandum of understanding be- et seq.), or any other applicable law, shall Federal Food, Drug, and Cosmetic Act (21 tween the Food and Drug Administration transfer such package to the U.S. Customs U.S.C. 321(g)(1))), biological product (as de- and the U.S. Customs and Border Protection. and Border Protection. If the Secretary iden- fined in section 351(i) of the Public Health (b) FDA IMPORT FACILITIES AND INSPECTION tifies additional packages that appear to be Service Act (42 U.S.C. 262(i))), or device (as CAPACITY.— the same as such package containing a con- defined in section 201(h) of the Federal Food, (1) IN GENERAL.—In carrying out this sec- trolled substance, such additional packages Drug, and Cosmetic Act (21 U.S.C. 321(h))); tion, the Secretary shall, in collaboration may also be transferred to U.S. Customs and and with the Secretary of Homeland Security Border Protection. The U.S. Customs and (2) the term ‘‘opioid sparing’’ means reduc- and the Postmaster General of the United Border Protection shall receive such pack- ing, replacing, or avoiding the use of opioids States Postal Service, provide that import ages consistent with the requirements of the or other controlled substances. facilities in which the Food and Drug Admin- Controlled Substances Act (21 U.S.C. 801 et SEC. 1302. CLARIFYING FDA PACKAGING AU- istration operates or carries out activities seq.). THORITIES. related to drug imports within the inter- (b) DEBARMENT, TEMPORARY DENIAL OF AP- (a) ADDITIONAL POTENTIAL ELEMENTS OF national mail facilities include— PROVAL, AND SUSPENSION.— STRATEGY.—Section 505–1(e) of the Federal (A) facility upgrades and improved capac- (1) IN GENERAL.—Section 306(b) of the Fed- Food, Drug, and Cosmetic Act (21 U.S.C. 355– ity in order to increase and improve inspec- eral Food, Drug, and Cosmetic Act (21 U.S.C. 1(e)) is amended by adding at the end the fol- tion and detection capabilities, which may 335a(b)) is amended— lowing: include, as the Secretary determines appro- (A) in paragraph (1)— ‘‘(4) PACKAGING AND DISPOSAL.—The Sec- priate— (i) in the matter preceding subparagraph retary may require a risk evaluation mitiga- (i) improvements to facilities, such as up- (A), by inserting ‘‘or (3)’’ after ‘‘paragraph tion strategy for a drug for which there is a grades or renovations, and support for the (2)’’; serious risk of an adverse drug experience de- maintenance of existing import facilities and (ii) in subparagraph (A), by striking the scribed in subparagraph (B) or (C) of sub- sites to improve coordination between Fed- comma at the end and inserting a semicolon; section (b)(1), taking into consideration the eral agencies; (iii) in subparagraph (B), by striking ‘‘, or’’ factors described in subparagraphs (C) and (ii) the construction of, or upgrades to, lab- and inserting a semicolon; (D) of subsection (f)(2) and in consultation oratory capacity for purposes of detection (iv) in subparagraph (C), by striking the with other relevant Federal agencies with and testing of imported goods; period and inserting ‘‘; or’’; and authorities over drug packaging, which may (iii) upgrades to the security of import fa- (v) by adding at the end the following: include requiring that— cilities; and ‘‘(D) a person from importing or offering ‘‘(A) the drug be made available for dis- (iv) innovative technology and equipment for import into the United States a drug.’’; pensing to certain patients in unit dose to facilitate improved and near-real-time in- and packaging, packaging that provides a set du- formation sharing between the Food and (B) in paragraph (3)— ration, or another packaging system that Drug Administration, the Department of (i) in the heading, by striking ‘‘FOOD’’; the Secretary determines may mitigate such Homeland Security, and the United States (ii) in subparagraph (A), by striking ‘‘; or’’ serious risk; or Postal Service; and and inserting a semicolon; ‘‘(B) the drug be dispensed to certain pa- (B) innovative technology, including con- (iii) in subparagraph (B), by striking the tients with a safe disposal packaging or safe trolled substance detection and testing period and inserting a semicolon; and disposal system for purposes of rendering equipment and other applicable technology, (iv) by adding at the end the following: drugs non-retrievable (as defined in section in order to collaborate with the U.S. Cus- ‘‘(C) the person has been convicted of a fel- 1300.05 of title 21, Code of Federal Regula- toms and Border Protection to share near- ony for conduct relating to the importation

VerDate Sep 11 2014 03:05 Sep 07, 2018 Jkt 079060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\A06SE6.032 S06SEPT1 lotter on DSKBCFDHB2PROD with SENATE September 6, 2018 CONGRESSIONAL RECORD — SENATE S6067 into the United States of any drug or con- ‘‘(ii) a substance that has a chemical struc- ‘‘(i) The term ‘employee of a qualified hos- trolled substance (as defined in section 102 of ture that is substantially similar to the pice program’ means a physician, physician the Controlled Substances Act); chemical structure of an active ingredient in assistant, registered nurse, or nurse practi- ‘‘(D) the person has engaged in a pattern of a drug or biological product described in sub- tioner who— importing or offering for import— clause (I) or (II) of clause (i). ‘‘(I) is employed by, or is acting pursuant ‘‘(i) controlled substances that are prohib- ‘‘(2) EFFECT.—This subsection shall not be to arrangements made with, a qualified hos- ited from importation under section 401(m) construed to bear upon any determination of pice program; and of the Tariff Act of 1930 (19 U.S.C. 1401(m)); whether an article is a drug within the ‘‘(II) is licensed or certified to perform or meaning of section 201(g), other than for the such employment, or such activities ar- ‘‘(ii) adulterated or misbranded drugs that purposes described in paragraph (1).’’. ranged by the qualified hospice program, in are— SEC. 1306. FIRST RESPONDER TRAINING. accordance with applicable State law. ‘‘(I) not designated in an authorized elec- Section 546 of the Public Health Service ‘‘(ii) The terms ‘hospice care’ and ‘hospice tronic data interchange system as a product Act (42 U.S.C. 290ee–1) is amended— program’ have the meanings given those that is regulated by the Secretary; or (1) in subsection (c)— terms in section 1861(dd) of the Social Secu- ‘‘(II) knowingly or intentionally falsely (A) in paragraph (2), by striking ‘‘and’’ at rity Act (42 U.S.C. 1395x(dd)). designated in an authorized electronic data the end; ‘‘(iii) The term ‘hospice patient’ means an interchange system as a product that is reg- (B) in paragraph (3), by striking the period individual receiving hospice care. ulated by the Secretary.’’. and inserting ‘‘; and’’; and ‘‘(iv) The term ‘qualified hospice program’ (2) PROHIBITED ACT.—Section 301(cc) of the (C) by adding at the end the following: means a hospice program that— Federal Food, Drug, and Cosmetic Act (21 ‘‘(4) train and provide resources for first re- ‘‘(I) has written policies and procedures for U.S.C. 331(cc)) is amended by inserting ‘‘or a sponders and members of other key commu- employees of the hospice program to use drug’’ after ‘‘food’’. nity sectors on safety around fentanyl, when assisting in the disposal of the con- (c) IMPORTS AND EXPORTS.—Section 801(a) carfentanil, and other dangerous licit and il- trolled substances of a hospice patient in a of the Federal Food, Drug, and Cosmetic Act licit drugs to protect themselves from expo- circumstance described in clause (i), (ii), or (21 U.S.C. 381(a)) is amended— sure to such drugs and respond appropriately (iii) of subparagraph (A); (1) by striking the second sentence; when exposure occurs.’’; ‘‘(II) at the time when the controlled sub- (2) by striking ‘‘If it appears’’ and inserting (2) in subsection (d), by striking ‘‘and stances are first ordered— ‘‘Subject to subsection (b), if it appears’’; mechanisms for referral to appropriate ‘‘(aa) provides a copy of the written poli- (3) by striking ‘‘regarding such article, treatment for an entity receiving a grant cies and procedures to the hospice patient or then such article shall be refused’’ and in- under this section’’ and inserting ‘‘mecha- hospice patient representative and the fam- serting the following: ‘‘regarding such arti- nisms for referral to appropriate treatment, ily of the hospice patient; cle, or (5) such article is being imported or and safety around fentanyl, carfentanil, and ‘‘(bb) discusses the policies and procedures offered for import in violation of section other dangerous licit and illicit drugs’’; with the hospice patient or hospice patient’s 301(cc), then any such article described in (3) in subsection (f)— representative and the hospice patient’s fam- any of clauses (1) through (5) may be refused (A) in paragraph (3), by striking ‘‘and’’ at ily in a language and manner that such indi- admission. If it appears from the examina- the end; viduals understand to ensure that such indi- tion of such samples or otherwise that the (B) in paragraph (4), by striking the period viduals are informed regarding the safe dis- article is a counterfeit drug, such article and inserting ‘‘; and’’; and posal of controlled substances; and shall be refused admission.’’; (C) by adding at the end the following: ‘‘(cc) documents in the clinical record of (4) by striking ‘‘this Act, then such article ‘‘(5) the number of first responders and the hospice patient that the written policies shall be refused admission’’ and inserting members of other key community sectors and procedures were provided and discussed ‘‘this Act, then such article may be refused trained on safety around fentanyl, with the hospice patient or hospice patient’s admission’’; and carfentanil, and other dangerous licit and il- representative; and (5) by striking ‘‘Clause (2) of the third sen- licit drugs.’’; ‘‘(III) at the time when an employee of the tence’’ and all that follows through the pe- (4) by redesignating subsection (g) as sub- hospice program assists in the disposal of riod at the end and inserting the following: section (h); controlled substances of a hospice patient, ‘‘Neither clause (2) nor clause (5) of the sec- (5) by inserting after subsection (f) the fol- documents in the clinical record of the hos- ond sentence of this subsection shall be con- lowing: pice patient a list of all controlled sub- strued to prohibit the admission of narcotic ‘‘(g) OTHER KEY COMMUNITY SECTORS.—In stances disposed of. drugs, the importation of which is permitted this section, the term ‘other key community ‘‘(C) The Attorney General may, by regula- under the Controlled Substances Import and sectors’ includes substance abuse treatment tion, include additional types of licensed Export Act.’’. providers, emergency medical services agen- medical professionals in the definition of the (d) CERTAIN ILLICIT ARTICLES.—Section 801 cies, agencies and organizations working term ‘employee of a qualified hospice pro- of the Federal Food, Drug, and Cosmetic Act with prison and jail populations and offender gram’ under subparagraph (B).’’. (21 U.S.C. 381) is amended by adding at the reentry programs, health care providers, (b) NO REGISTRATION REQUIRED.—Section end the following— harm reduction groups, pharmacies, commu- 302(c) of the Controlled Substances Act (21 ‘‘(t) ILLICIT ARTICLES CONTAINING ACTIVE nity health centers, tribal health facilities, U.S.C. 822(c)) is amended by adding at the PHARMACEUTICAL INGREDIENTS.— and mental health providers.’’; and end the following: ‘‘(1) IN GENERAL.—For purposes of this sec- (6) in subsection (h), as so redesignated, by ‘‘(4) An employee of a qualified hospice tion, an article that is being imported or of- striking ‘‘$12,000,000 for each of fiscal years program for the purpose of assisting in the fered for import into the United States may 2017 through 2021’’ and inserting ‘‘$36,000,000 disposal of a controlled substance in accord- be treated by the Secretary as a drug if the for each of fiscal years 2019 through 2023’’. ance with subsection (g)(5), except as pro- article— SEC. 1307. DISPOSAL OF CONTROLLED SUB- vided in subparagraph (A)(iii) of that sub- ‘‘(A) is not— STANCES OF HOSPICE PATIENTS. section.’’. ‘‘(i) accompanied by an electronic import (a) IN GENERAL.—Section 302(g) of the Con- (c) GUIDANCE.—The Attorney General may entry for such article submitted using an au- trolled Substances Act (21 U.S.C. 822(g)) is issue guidance to qualified hospice programs thorized electronic data interchange system; amended by adding at the end the following: to assist the programs in satisfying the re- and ‘‘(5)(A) An employee of a qualified hospice quirements under paragraph (5) of section ‘‘(ii) designated in such a system as an ar- program acting within the scope of employ- 302(g) of the Controlled Substances Act (21 ticle regulated by the Secretary (which may ment may handle, in the place of residence U.S.C. 822(g)), as added by subsection (a). include regulation as a drug, a device, or a of a hospice patient, any controlled sub- (d) STATE AND LOCAL AUTHORITY.—Nothing dietary supplement; and stance that was lawfully dispensed to the in this section or the amendments made by ‘‘(B) is an ingredient that presents signifi- hospice patient, for the purpose of assisting this section shall be construed to prevent a cant public health concern and is, or con- in the disposal of the controlled substance— State or local government from imposing ad- tains— ‘‘(i) after the hospice patient’s death; ditional controls or restrictions relating to ‘‘(i) an active ingredient in a drug— ‘‘(ii) if the controlled substance is expired; the regulation of the disposal of controlled ‘‘(I) that is approved under section 505 or or substances in hospice care or hospice pro- licensed under section 351 of the Public ‘‘(iii) if— grams. Health Service Act; or ‘‘(I) the employee is— SEC. 1308. GAO STUDY AND REPORT ON HOSPICE ‘‘(II) for which— ‘‘(aa) the physician of the hospice patient; SAFE DRUG MANAGEMENT. ‘‘(aa) an investigational use exemption is and (a) STUDY.— in effect under section 505(i) of this Act or ‘‘(bb) registered under section 303(f); and (1) IN GENERAL.—The Comptroller General section 351(a) of the Public Health Service ‘‘(II) the hospice patient no longer requires of the United States (in this section referred Act; and the controlled substance because the plan of to as the ‘‘Comptroller General’’) shall con- ‘‘(bb) a substantial clinical investigation care of the hospice patient has been modi- duct a study on the requirements applicable has been instituted, and such investigation fied. to and challenges of hospice programs with has been made public; or ‘‘(B) In this paragraph: regard to the management and disposal of

VerDate Sep 11 2014 03:05 Sep 07, 2018 Jkt 079060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\A06SE6.032 S06SEPT1 lotter on DSKBCFDHB2PROD with SENATE S6068 CONGRESSIONAL RECORD — SENATE September 6, 2018

controlled substances in the home of an indi- ‘‘(b) MODIFICATION OF NUMBER OF DAYS BE- mined by the Director of the Centers for Dis- vidual. FORE WHICH CONTROLLED SUBSTANCE SHALL ease Control and Prevention. (2) CONTENTS.—In conducting the study BE ADMINISTERED.— (f) PREFERENCE.—In awarding grants under under paragraph (1), the Comptroller General ‘‘(1) INITIAL 2-YEAR PERIOD.—During the 2- subsection (a), the Secretary may give pref- shall include— year period beginning on the date of enact- erence to eligible entities utilizing tech- (A) an overview of challenges encountered ment of this section, the Attorney General, nology-enabled collaborative learning and by hospice programs regarding the disposal in coordination with the Secretary, may re- capacity building models, including such of controlled substances, such as opioids, in duce the number of days described in sub- models as defined in section 2 of the Expand- a home setting, including any key changes in section (a)(5) if the Attorney General deter- ing Capacity for Health Outcomes Act (Pub- policies, procedures, or best practices for the mines that such reduction will— lic Law 114–270; 130 Stat. 1395), to conduct the disposal of controlled substances over time; ‘‘(A) reduce the risk of diversion; or activities described in this section. and ‘‘(B) protect the public health. (g) CENTER ACTIVITIES.—Each Center shall, at a minimum, carry out the following ac- (B) a description of Federal requirements, ‘‘(2) MODIFICATIONS AFTER SUBMISSION OF tivities directly, through referral, or through including requirements under the Medicare REPORT.—After the date on which the report contractual arrangements, which may in- program, for hospice programs regarding the described in subsection (c) is submitted, the clude carrying out such activities through disposal of controlled substances in a home Attorney General, in coordination with the technology-enabled collaborative learning setting, and oversight of compliance with Secretary, may modify the number of days and capacity building models described in those requirements. described in subsection (a)(5). subsection (f): (b) REPORT.—Not later than 18 months ‘‘(3) MINIMUM NUMBER OF DAYS.—Any modi- (1) TREATMENT AND RECOVERY SERVICES.— after the date of enactment of this Act, the fication under this subsection shall be for a Each Center shall— Comptroller General shall submit to Con- period of not less than 7 days.’’. (A) ensure that intake and evaluations gress a report containing the results of the (b) STUDY AND REPORT.—Not later than 2 meet the individualized clinical needs of pa- study conducted under subsection (a), to- years after the date of enactment of this sec- tients, including by offering assessments for gether with recommendations, if any, for tion, the Comptroller General of the United services and care recommendations through such legislation and administrative action as States shall conduct a study and submit to independent, evidence-based verification the Comptroller General determines appro- Congress a report on access to and potential processes for reviewing patient placement in priate. diversion of controlled substances adminis- treatment settings; SEC. 1309. DELIVERY OF A CONTROLLED SUB- tered by injection or implantation. (B) provide the full continuum of treat- STANCE BY A PHARMACY TO BE AD- (c) TECHNICAL AND CONFORMING AMEND- ment services, including— MINISTERED BY INJECTION OR IM- MENT.—The table of contents for the Com- (i) all drugs approved by the Food and PLANTATION. prehensive Drug Abuse Prevention and Con- Drug Administration to treat substance use (a) IN GENERAL.—The Controlled Sub- trol Act of 1970 is amended by inserting after disorders, pursuant to Federal and State law; stances Act is amended by inserting after the item relating to section 309 the fol- (ii) medically supervised withdrawal man- section 309 (21 U.S.C. 829) the following: lowing: agement that includes patient evaluation, ‘‘DELIVERY OF A CONTROLLED SUBSTANCE BY A ‘‘Sec. 309A. Delivery of a controlled sub- stabilization, and readiness for and entry PHARMACY TO AN ADMINISTERING PRACTI- stance by a pharmacy to an ad- into treatment; TIONER ministering practitioner.’’. (iii) counseling provided by a program ‘‘SEC. 309A. (a) IN GENERAL.—Notwith- Subtitle D—Treatment and Recovery counselor or other certified professional who standing section 102(10), a pharmacy may de- SEC. 1401. COMPREHENSIVE OPIOID RECOVERY is licensed and qualified by education, train- liver a controlled substance to a practitioner CENTERS. ing, or experience to assess the psychological in accordance with a prescription that meets (a) IN GENERAL.—The Secretary shall and sociological background of patients, to the requirements of this title and the regula- award grants on a competitive basis to eligi- contribute to the appropriate treatment plan tions issued by the Attorney General under ble entities to establish or operate a com- for the patient, and to monitor patient this title, for the purpose of administering prehensive opioid recovery center (referred progress; the controlled substance by the practitioner to in this section as a ‘‘Center’’). A Center (iv) treatment, as appropriate, for patients if— may be a single entity or an integrated de- with co-occurring substance use and mental ‘‘(1) the controlled substance is delivered livery network. disorders; by the pharmacy to the prescribing practi- (b) GRANT PERIOD.— (v) testing, as appropriate, for infections tioner or the practitioner administering the (1) IN GENERAL.—A grant awarded under commonly associated with illicit drug use; controlled substance, as applicable, at the subsection (a) shall be for a period not more (vi) residential rehabilitation, and out- location listed on the practitioner’s certifi- than 5 years. patient and intensive outpatient programs; cate of registration issued under this title; (2) RENEWAL.—A grant awarded under sub- (vii) recovery housing; ‘‘(2) in the case of administering of the section (a) may be renewed, on a competitive (viii) community-based and peer recovery controlled substance for the purpose of main- basis, for additional periods of time, as de- support services; tenance or detoxification treatment under termined by the Secretary. In determining (ix) job training, job placement assistance, section 303(g)(2)— whether to renew a grant under this para- and continuing education assistance to sup- ‘‘(A) the practitioner who issued the pre- graph, the Secretary shall consider the data port reintegration into the workforce; and scription is a qualifying practitioner author- submitted under subsection (h). (x) other best practices to provide the full ized under, and acting within the scope of (c) MINIMUM NUMBER OF GRANTS.—The Sec- continuum of treatment and services, as de- that section; and retary shall allocate the amounts made termined by the Secretary; ‘‘(B) the controlled substance is to be ad- available under subsection (j) such that not (C) ensure that all programs covered by the ministered by injection or implantation; fewer than 10 grants may be awarded. Not Center include medication-assisted treat- ‘‘(3) the pharmacy and the practitioner are more than one grant shall be made to enti- ment, as appropriate, and do not exclude in- authorized to conduct the activities specified ties in a single State for any one period. dividuals receiving medication-assisted in this section under the law of the State in (d) APPLICATION.— treatment from any service; which such activities take place; (1) ELIGIBLE ENTITY.—An entity is eligible (D) periodically conduct patient assess- ‘‘(4) the prescription is not issued to supply for a grant under this section if the entity ments to support sustained and clinically any practitioner with a stock of controlled offers treatment and other services for indi- significant recovery, as defined by the As- substances for the purpose of general dis- viduals with a substance use disorder. sistant Secretary for Mental Health and Sub- pensing to patients; (2) SUBMISSION OF APPLICATION.—In order to stance Use; ‘‘(5) except as provided in subsection (b), be eligible for a grant under subsection (a), (E) administer an onsite pharmacy and the controlled substance is to be adminis- an entity shall submit an application to the provide toxicology services, for purposes of tered only to the patient named on the pre- Secretary at such time and in such manner carrying out this section; and scription not later than 14 days after the as the Secretary may require. Such applica- (F) operate a secure, confidential, and date of receipt of the controlled substance by tion shall include— interoperable electronic health information the practitioner; and (A) evidence that such entity carries out, system. ‘‘(6) notwithstanding any exceptions under or is capable of coordinating with other enti- (2) OUTREACH.—Each Center shall carry out section 307, the prescribing practitioner, and ties to carry out, the activities described in outreach activities to publicize the services the practitioner administering the con- subsection (g); and offered through the Centers, which may in- trolled substance, as applicable, maintain (B) such other information as the Sec- clude— complete and accurate records of all con- retary may require. (A) training and supervising outreach staff, trolled substances delivered, received, ad- (e) PRIORITY.—In awarding grants under as appropriate, to work with State and local ministered, or otherwise disposed of under subsection (a), the Secretary shall give pri- health departments, health care providers, this section, including the persons to whom ority to eligible entities located in a State the Indian Health Service, State and local controlled substances were delivered and or Indian Tribe with an age-adjusted rate of educational agencies, schools funded by the such other information as may be required drug overdose deaths that is above the na- Indian Bureau of Education, institutions of by regulations of the Attorney General. tional overdose mortality rate, as deter- higher education, State and local workforce

VerDate Sep 11 2014 03:05 Sep 07, 2018 Jkt 079060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\A06SE6.032 S06SEPT1 lotter on DSKBCFDHB2PROD with SENATE September 6, 2018 CONGRESSIONAL RECORD — SENATE S6069 development boards, State and local commu- ence a non-fatal overdose to seek treatment dence-based treatment for patients with a nity action agencies, public safety officials, for substance use disorder and to support co- substance use disorder who have experienced first responders, Indian Tribes, child welfare ordination and continuation of care; a non-fatal drug overdose, in order to sup- agencies, as appropriate, and other commu- (3) coordination and continuation of care port long-term treatment, prevent relapse, nity partners and the public, including pa- and treatment, including, as appropriate, and reduce recidivism and future overdose; tients, to identify and respond to community through referrals, of individuals after an and needs; opioid overdose; and (C) establish integrated models of care for (B) ensuring that the entities described in (4) the provision of overdose reversal medi- individuals who have experienced a non-fatal subparagraph (A) are aware of the services of cation, as appropriate. drug overdose which may include patient as- the Center; and (b) GRANT ESTABLISHMENT AND PARTICIPA- sessment, follow up, and transportation to (C) disseminating and making publicly TION.— and from treatment facilities. available, including through the internet, (1) IN GENERAL.—The Secretary shall award (5) ADDITIONAL PERMISSIBLE USES.—In addi- evidence-based resources that educate pro- grants on a competitive basis to eligible en- tion to the uses described in paragraph (4), a fessionals and the public on opioid use dis- tities to support implementation of vol- grant awarded under this section may be order and other substance use disorders, in- untary programs for care and treatment of used, directly or through contractual ar- cluding co-occurring substance use and men- individuals after an opioid overdose, as ap- rangements, to provide— tal disorders. propriate, which may include implementa- (A) all drugs approved by the Food and (h) DATA REPORTING AND PROGRAM OVER- tion of the best practices described in sub- Drug Administration to treat substance use SIGHT.—With respect to a grant awarded section (a). disorders, pursuant to Federal and State law; under subsection (a), not later than 90 days (2) ELIGIBLE ENTITY.—In this section, the (B) withdrawal and detoxification services after the end of the first year of the grant term ‘‘eligible entity’’ means— that include patient evaluation, stabiliza- period, and annually thereafter for the dura- (A) a State alcohol or drug agency; tion, and preparation for treatment of sub- tion of the grant period (including the dura- (B) an Indian Tribe or tribal organization; stance use disorder, including treatment de- tion of any renewal period for such grant), or scribed in subparagraph (A), as appropriate; the entity shall submit data, as appropriate, (C) an entity that offers treatment or or to the Secretary regarding— other services for individuals in response to, (C) mental health services provided by a (1) the programs and activities funded by or following, drug overdoses or a drug over- program counselor, social worker, therapist, the grant; dose, in consultation with a State alcohol or other certified professional who is li- (2) health outcomes of the population of in- and drug agency. censed and qualified by education, training, dividuals with a substance use disorder who (3) APPLICATION.—An eligible entity desir- or experience to assess the psychosocial received services from the Center, evaluated ing a grant under this section shall submit background of patients, to contribute to the by an independent program evaluator an application to the Secretary, at such time appropriate treatment plan for patients with through the use of outcomes measures, as de- and in such manner as the Secretary may re- substance use disorder, and to monitor pa- termined by the Secretary; quire, that includes— tient progress. (3) the retention rate of program partici- (A) evidence that such eligible entity car- (6) PREFERENCE.—In awarding grants under pants; and ries out, or is capable of contracting and co- this section, the Secretary shall give pref- (4) any other information that the Sec- ordinating with other community entities to erence to eligible entities that meet any or retary may require for the purpose of ensur- carry out, the activities described in para- ing that the Center is complying with all the graph (4); all of the following criteria: requirements of the grant, including pro- (B) evidence that such eligible entity will (A) The eligible entity is a critical access viding the full continuum of services de- work with a recovery community organiza- hospital (as defined in section 1861(mm)(1) of scribed in subsection (g)(1)(B). tion to recruit, train, hire, mentor, and su- the Social Security Act (42 U.S.C. (i) PRIVACY.—The provisions of this sec- pervise recovery coaches and fulfill the re- 1395x(mm)(1))), a low volume hospital (as de- tion, including with respect to data report- quirements described in paragraph (4)(A); fined in section 1886(d)(12)(C)(i) of such Act ing and program oversight, shall be subject and (42 U.S.C. 1395ww(d)(12)(C)(i))), or a sole com- to all applicable Federal and State privacy (C) such additional information as the Sec- munity hospital (as defined in section laws. retary may require. 1886(d)(5)(D)(iii) of such Act (42 U.S.C. (j) AUTHORIZATION OF APPROPRIATIONS.— (4) USE OF GRANT FUNDS.—An eligible enti- 1395ww(d)(5)(D)(iii))). There is authorized to be appropriated ty awarded a grant under this section shall (B) The eligible entity is located in a $10,000,000 for each of fiscal years 2019 use such grant funds to— State, or under the jurisdiction of an Indian through 2023 for purposes of carrying out this (A) hire or utilize recovery coaches to help Tribe, with an age-adjusted rate of drug section. support recovery, including by— overdose deaths that is above the national (k) REPORTS TO CONGRESS.— (i) connecting patients to a continuum of overdose mortality rate, as determined by (1) PRELIMINARY REPORT.—Not later than 3 care services, such as— the Director of the Centers for Disease Con- years after the date of the enactment of this (I) treatment and recovery support pro- trol and Prevention. Act, the Secretary shall submit to Congress grams; (C) The eligible entity demonstrates that a preliminary report that analyzes data sub- (II) programs that provide non-clinical re- recovery coaches will be placed in both mitted under subsection (h). covery support services; health care settings and community set- (2) FINAL REPORT.—Not later than 2 years (III) peer support networks; tings. after submitting the preliminary report re- (IV) recovery community organizations; (7) PERIOD OF GRANT.—A grant awarded to quired under paragraph (1), the Secretary (V) health care providers, including physi- an eligible entity under this section shall be shall submit to Congress a final report that for a period of not more than 5 years. includes— cians and other providers of behavioral (c) DEFINITIONS.—In this section: (A) an evaluation of the effectiveness of health and primary care; (1) RECOVERY COACH.—the term ‘‘recovery the comprehensive services provided by the (VI) education and training providers; coach’’ means an individual— Centers established or operated pursuant to (VII) employers; (A) with knowledge of, or experience with, this section with respect to health outcomes (VIII) housing services; and recovery from a substance use disorder; and of the population of individuals with sub- (IX) child welfare agencies; (B) who has completed training from, and stance use disorder who receive services (ii) providing education on overdose pre- is determined to be in good standing by, a re- from the Center, which shall include an eval- vention and overdose reversal to patients covery services organization capable of con- uation of the effectiveness of services for and families, as appropriate; ducting such training and making such de- treatment and recovery support and to re- (iii) providing follow-up services for pa- duce relapse, recidivism, and overdose; and tients after an overdose to ensure continued termination. (B) recommendations, as appropriate, re- recovery and connection to support services; (2) RECOVERY COMMUNITY ORGANIZATION.— garding ways to improve Federal programs (iv) collecting and evaluating outcome The term ‘‘recovery community organiza- related to substance use disorders, which data for patients receiving recovery coach- tion’’ has the meaning given such term in may include dissemination of best practices ing services; and section 547(a) of the Public Health Service for the treatment of substance use disorders (v) providing other services the Secretary Act (42 U.S.C. 290ee–2(a)). to health care professionals. determines necessary to help ensure contin- (3) STATE ALCOHOL AND DRUG AGENCY.—The term ‘‘State alcohol and drug agency’’ means SEC. 1402. PROGRAM TO SUPPORT COORDINA- ued connection with recovery support serv- TION AND CONTINUATION OF CARE ices, including culturally appropriate serv- the principal agency of a State that is re- FOR DRUG OVERDOSE PATIENTS. ices, as applicable; sponsible for carrying out the block grant (a) IN GENERAL.—The Secretary shall iden- (B) establish policies and procedures, pur- for prevention and treatment of substance tify or facilitate the development of best suant to Federal and State law, that address abuse under subpart II of part B of title XIX practices for— the provision of overdose reversal medica- of the Public Health Service Act (42 U.S.C. (1) emergency treatment of known or sus- tion, the administration of all drugs ap- 300x–21 et seq.) pected drug overdose; proved by the Food and Drug Administration (d) REPORTING REQUIREMENTS.— (2) the use of recovery coaches, as appro- to treat substance use disorder, and subse- (1) REPORTS BY GRANTEES.—Each eligible priate, to encourage individuals who experi- quent continuation of, or referral to, evi- entity awarded a grant under this section

VerDate Sep 11 2014 03:05 Sep 07, 2018 Jkt 079060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\A06SE6.032 S06SEPT1 lotter on DSKBCFDHB2PROD with SENATE S6070 CONGRESSIONAL RECORD — SENATE September 6, 2018

shall submit to the Secretary an annual re- (2) AUTHORIZATION OF APPROPRIATIONS.— SEC. 1405. PEER SUPPORT TECHNICAL ASSIST- port for each year for which the entity has There is authorized to be appropriated ANCE CENTER. received such grant that includes informa- $5,000,000 for each of fiscal years 2019 through (a) ESTABLISHMENT.—The Secretary, acting tion on— 2023 for purposes of carrying out this section. through the Assistant Secretary for Mental Health and Substance Abuse, shall establish (A) the number of individuals treated by SEC. 1404. BUILDING COMMUNITIES OF RECOV- the entity for non-fatal overdoses, including ERY. or operate a National Peer-Run Training and the number of non-fatal overdoses where Technical Assistance Center for Addiction Section 547 of the Public Health Service Recovery Support (referred to in this sub- overdose reversal medication was adminis- Act (42 U.S.C. 290ee–2) is amended to read as tered; section as the ‘‘Center’’). follows: (B) the number of individuals administered (b) FUNCTIONS.—The Center established medication-assisted treatment by the entity; ‘‘SEC. 547. BUILDING COMMUNITIES OF RECOV- under subsection (a) shall provide technical (C) the number of individuals referred by ERY. assistance and support to recovery commu- the entity to other treatment facilities after ‘‘(a) DEFINITION.—In this section, the term nity organizations and peer support net- a non-fatal overdose, the types of such other ‘recovery community organization’ means an works, including such assistance and support facilities, and the number of such individuals independent nonprofit organization that— related to— admitted to such other facilities pursuant to ‘‘(1) mobilizes resources within and outside (1) training on identifying— such referrals; and of the recovery community, which may in- (A) signs of substance use disorder; (D) the frequency and number of patients clude through a peer support network, to in- (B) resources to assist individuals with a with reoccurrences, including readmissions crease the prevalence and quality of long- substance use disorder, or resources for fami- for non-fatal overdoses and evidence of re- term recovery from substance use disorders; lies of an individual with a substance use dis- lapse related to substance use disorder. and order; and (2) REPORT BY SECRETARY.—Not later than ‘‘(2) is wholly or principally governed by (C) best practices for the delivery of recov- 5 years after the date of enactment of this people in recovery for substance use dis- ery support services; Act, the Secretary shall submit to Congress orders who reflect the community served. (2) the provision of translation services, in- a report that includes an evaluation of the ‘‘(b) GRANTS AUTHORIZED.—The Secretary terpretation, or other such services for cli- effectiveness of the grant program carried shall award grants to recovery community ents with limited English speaking pro- out under this section with respect to long organizations to enable such organizations ficiency; term health outcomes of the population of to develop, expand, and enhance recovery (3) data collection to support research, in- individuals who have experienced a drug services. cluding for translational research; overdose, the percentage of patients treated ‘‘(c) FEDERAL SHARE.—The Federal share of (4) capacity building; and or referred to treatment by grantees, and the the costs of a program funded by a grant (5) evaluation and improvement, as nec- frequency and number of patients who expe- under this section may not exceed 85 per- essary, of the effectiveness of such services rienced relapse, were readmitted for treat- cent. provided by recovery community organiza- ment, or experienced another overdose. ‘‘(d) USE OF FUNDS.—Grants awarded under tions (as defined in section 547 of the Public (e) PRIVACY.—The requirements of this sec- subsection (b)— Health Service Act). (c) BEST PRACTICES.—The Center estab- tion, including with respect to data report- ‘‘(1) shall be used to develop, expand, and lished under subsection (a) shall periodically ing and program oversight, shall be subject enhance community and statewide recovery issue best practices for use by recovery com- to all applicable Federal and State privacy support services; and munity organizations and peer support net- laws. ‘‘(2) may be used to— (f) AUTHORIZATION OF APPROPRIATIONS.— works. ‘‘(A) build connections between recovery There is authorized to be appropriated to (d) RECOVERY COMMUNITY ORGANIZATION.— networks, including between recovery com- carry out this section such sums as may be In this section, the term ‘‘recovery commu- necessary for each of fiscal years 2019 munity organizations and peer support net- nity organization’’ has the meaning given through 2023. works, and with other recovery support serv- such term in section 547 of the Public Health ices, including— SEC. 1403. ALTERNATIVES TO OPIOIDS. Service Act. ‘‘(i) behavioral health providers; (a) IN GENERAL.—The Secretary shall, di- (e) AUTHORIZATION OF APPROPRIATIONS.— rectly or through grants to, or contracts ‘‘(ii) primary care providers and physi- There is authorized to be appropriated to with, public and private entities, provide cians; carry out this section such sums as may be technical assistance to hospitals and other ‘‘(iii) educational and vocational schools; necessary for each of fiscal years 2019 acute care settings on alternatives to opioids ‘‘(iv) employers; through 2023. ‘‘(v) housing services; for pain management. The technical assist- SEC. 1406. MEDICATION-ASSISTED TREATMENT ance provided shall be for the purpose of— ‘‘(vi) child welfare agencies; and FOR RECOVERY FROM ADDICTION. (1) utilizing information from acute care ‘‘(vii) other recovery support services that (a) WAIVERS FOR MAINTENANCE TREATMENT providers including emergency departments facilitate recovery from substance use dis- OR DETOXIFICATION.—Section 303(g)(2)(G)(ii) and other providers that have successfully orders, including non-clinical community of the Controlled Substances Act (21 U.S.C. implemented alternatives to opioids pro- services; 823(g)(2)(G)(ii)) is amended by adding at the grams, promoting non-addictive protocols ‘‘(B) reduce the stigma associated with end the following: and medications while appropriately lim- substance use disorders; and ‘‘(VIII) The physician graduated in good iting the use of opioids; ‘‘(C) conduct outreach on issues relating to standing from an accredited school of (2) identifying or facilitating the develop- substance use disorders and recovery, includ- allopathic medicine or osteopathic medicine ment of best practices on the use of alter- ing— in the United States during the 5-year period natives to opioids, which may include pain- ‘‘(i) identifying the signs of substance use immediately preceding the date on which the management strategies that involve non-ad- disorder; physician submits to the Secretary a written dictive medical products, non-pharmacologic ‘‘(ii) the resources available to individuals notification under subparagraph (B) and suc- treatments, and technologies or techniques with substance use disorder and to families cessfully completed a comprehensive to identify patients at risk for opioid use dis- of an individual with a substance use dis- allopathic or osteopathic medicine cur- order; order, including programs that mentor and riculum or accredited medical residency (3) identifying or facilitating the develop- provide support services to children; that— ment of best practices on the use of alter- ‘‘(iii) the resources available to help sup- ‘‘(aa) included not less than 24 hours of natives to opioids that target common pain- port individuals in recovery; and training on treating and managing opioid-de- ful conditions and include certain patient ‘‘(iv) related medical outcomes of sub- pendent patients; and populations, such as geriatric patients, preg- stance use disorders, the potential of acquir- ‘‘(bb) included, at a minimum— nant women, and children; ing an infection commonly associated with ‘‘(AA) the training described in items (aa) (4) disseminating information on the use of illicit drug use, and neonatal abstinence syn- through (gg) of subclause (IV); and alternatives to opioids to providers in acute drome among infants exposed to opioids dur- ‘‘(BB) training with respect to any other care settings, which may include emergency ing pregnancy. best practice the Secretary determines departments, outpatient clinics, critical ac- ‘‘(e) SPECIAL CONSIDERATION.—In carrying should be included in the curriculum, which cess hospitals, Federally qualified health out this section, the Secretary shall give may include training on pain management, centers, Indian Health Service health facili- special consideration to the unique needs of including assessment and appropriate use of ties, and tribal hospitals; and rural areas, including areas with an age-ad- opioid and non-opioid alternatives.’’. (5) collecting data and reporting on health justed rate of drug overdose deaths that is (b) TREATMENT FOR CHILDREN.—The Sec- outcomes associated with the use of alter- above the national average and areas with a retary shall consider ways to ensure that an natives to opioids. shortage of prevention and treatment serv- adequate number of physicians who meet the (b) PAIN MANAGEMENT AND FUNDING.— ices. requirements under the amendment made by (1) IN GENERAL.—The Secretary shall award ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— subsection (a) and have a specialty in pediat- grants to hospitals and other acute care set- There is authorized to be appropriated to rics, or the treatment of children or of ado- tings relating to alternatives to opioids for carry out this section $5,000,000 for each of lescents, are granted a waiver under section pain management. fiscal years 2019 through 2023.’’. 303(g)(2) of the Controlled Substances Act (21

VerDate Sep 11 2014 03:05 Sep 07, 2018 Jkt 079060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\A06SE6.032 S06SEPT1 lotter on DSKBCFDHB2PROD with SENATE September 6, 2018 CONGRESSIONAL RECORD — SENATE S6071

U.S.C. 823(g)(2)) to treat children and adoles- (2) CONSULTATION.—In carrying out the ac- sustained recovery from substance use dis- cents with substance use disorders. tivities described in paragraph (1), the Sec- orders; and (c) TECHNICAL AMENDMENT.—Section 102(24) retary shall consult with, as appropriate— (2) the term ‘‘tribally designated housing of the Controlled Substances Act (21 U.S.C. (A) relevant divisions of the Department of entity’’ has the meaning given such term in 802(24)) is amended by striking ‘‘Health, Edu- Health and Human Services, including the section 4 of the Native American Housing cation, and Welfare’’ and inserting ‘‘Health Substance Abuse and Mental Health Services Assistance and Self-Determination Act of and Human Services’’. Administration, the Office of Inspector Gen- 1996 (25 U.S.C. 4103). SEC. 1407. GRANT PROGRAM. eral, the Indian Health Service, and the Cen- SEC. 1410. ADDRESSING ECONOMIC AND WORK- FORCE IMPACTS OF THE OPIOID (a) IN GENERAL.—The Secretary shall es- ters for Medicare & Medicaid Services; CRISIS. tablish a grant program under which the (B) the Attorney General; (C) the Secretary of Housing and Urban De- (a) DEFINITIONS.—Except as otherwise ex- Secretary may make grants to accredited pressly provided, in this section: schools of allopathic medicine or osteopathic velopment; (1) WIOA DEFINITIONS.—The terms ‘‘core medicine and teaching hospitals located in (D) directors or commissioners, as applica- ble, of State health departments, tribal program’’, ‘‘individual with a barrier to em- the United States to support the develop- ployment’’, ‘‘local area’’, ‘‘local board’’, ment of curricula that meet the require- health departments, State Medicaid pro- grams, and State insurance agencies; ‘‘one-stop operator’’, ‘‘outlying area’’, ments under subclause (VIII) of section ‘‘State’’, ‘‘State board’’, and ‘‘supportive 303(g)(2)(G)(ii) of the Controlled Substances (E) representatives of health insurance issuers; services’’ have the meanings given the terms Act, as added by section 1406(a) of this Act. in section 3 of the Workforce Innovation and (b) AUTHORIZATION OF APPROPRIATIONS.— (F) national accrediting entities and rep- utable providers of, and analysts of, recovery Opportunity Act (29 U.S.C. 3102). There is authorized to be appropriated for (2) EDUCATION PROVIDER.—The term ‘‘edu- housing services, including Indian Tribes, grants under subsection (a), $4,000,000 for cation provider’’ means— tribal organizations, and tribally designated each of fiscal years 2019 through 2023. (A) an institution of higher education, as housing entities that provide recovery hous- SEC. 1408. ALLOWING FOR MORE FLEXIBILITY defined in section 101 of the Higher Edu- ing services, as applicable; WITH RESPECT TO MEDICATION-AS- cation Act of 1965 (20 U.S.C. 1001); or (G) individuals with a history of substance SISTED TREATMENT FOR OPIOID (B) a postsecondary vocational institution, use disorder; and USE DISORDERS. as defined in section 102(c) of such Act (20 (H) other stakeholders identified by the Subclause (II) of section 303(g)(2)(B)(iii) of U.S.C. 1002(c)). Secretary. the Controlled Substances Act (21 U.S.C. (3) ELIGIBLE ENTITY.—The term ‘‘eligible (3) REQUIREMENTS.— 823(g)(2)(B)(iii)) is amended to read as fol- entity’’ means— (A) PRACTICES FOR IDENTIFICATION AND RE- lows: (A) a State workforce agency; ‘‘(II) The applicable number is— PORTING.—In carrying out the activities de- (B) an outlying area; or ‘‘(aa) 100 if, not sooner than 1 year after scribed in this subsection, the Secretary (C) a Tribal entity. shall consider how law enforcement, public the date on which the practitioner submitted (4) PARTICIPATING PARTNERSHIP.—The term the initial notification, the practitioner sub- and private payers, and the public can best ‘‘participating partnership’’ means a part- mits a second notification to the Secretary identify and report fraudulent recovery nership— of the need and intent of the practitioner to housing operators. (A) evidenced by a written contract or treat up to 100 patients; or (B) FACTORS TO BE CONSIDERED.—In car- agreement; and ‘‘(bb) 275 if the practitioner meets the re- rying out the activities described in this sub- (B) including, as members of the partner- quirements specified in section 8.610 of title section, the Secretary shall consider identi- ship, a local board receiving a subgrant 42, Code of Federal Regulations (or successor fying or developing indicators regarding— under subsection (d) and 1 or more of the fol- regulations).’’. (i) unusual billing practices; lowing: SEC. 1409. NATIONAL RECOVERY HOUSING BEST (ii) average lengths of stays; (i) The eligible entity. PRACTICES. (iii) excessive levels of drug testing (in (ii) A treatment provider. (a) BEST PRACTICES FOR OPERATING RECOV- terms of cost or frequency); (iii) An employer or industry organization. ERY HOUSING.— (iv) unusually high levels of recidivism; (iv) An education provider. (1) IN GENERAL.—The Secretary, in con- and (v) A legal service or law enforcement or- sultation with the individuals and entities (v) any other factors identified by the Sec- ganization. described in paragraph (2), shall identify or retary. (vi) A faith-based or community-based or- facilitate the development of best practices, (c) DISSEMINATION.—The Secretary shall, as ganization. which may include model laws for imple- appropriate, disseminate the best practices (vii) Other State or local agencies, includ- menting suggested minimum standards, for identified or developed under subsection (a), ing counties or local governments. operating recovery housing. and the common indicators identified or de- (viii) Other organizations, as determined to veloped under subsection (b), to— (2) CONSULTATION.—In carrying out the ac- be necessary by the local board. (1) State agencies, which may include the tivities described in paragraph (1) the Sec- (ix) Indian Tribes or tribal organizations. provision of technical assistance to State retary shall consult with, as appropriate— (5) PROGRAM PARTICIPANT.—The term ‘‘pro- agencies seeking to adopt or implement such (A) relevant divisions of the Department of gram participant’’ means an individual best practices; Health and Human Services, including the who— (2) Indian Tribes, tribal organizations, and Substance Abuse and Mental Health Services (A) is a member of a population of workers tribally designated housing entities; Administration, the Office of Inspector Gen- described in subsection (e)(2) that is served (3) the Attorney General; eral, the Indian Health Service, and the Cen- by a participating partnership through the (4) the Secretary of Labor; ters for Medicare & Medicaid Services; pilot program under this section; and (5) the Secretary of Housing and Urban De- (B) the Secretary of Housing and Urban (B) enrolls with the applicable partici- velopment; Development; pating partnership to receive any of the serv- (6) State and local law enforcement agen- (C) directors or commissioners, as applica- ices described in subsection (e)(3). cies; ble, of State health departments, tribal (6) PROVIDER OF PEER RECOVERY SUPPORT (7) health insurance issuers; health departments, State Medicaid pro- SERVICES.—The term ‘‘provider of peer recov- (8) recovery housing entities; and grams, and State insurance agencies; ery support services’’ means a provider that (9) the public. (D) representatives of health insurance delivers peer recovery support services (d) REQUIREMENTS.—In carrying out the ac- issuers; tivities under subsections (a) and (b), the through an organization described in section (E) national accrediting entities and rep- Secretary, in consultation with appropriate 547(a) of the Public Health Service Act (42 utable providers of, and analysts of, recovery stakeholders as described in each such sub- U.S.C. 290ee–2(a)). housing services, including Indian Tribes, section, shall consider how recovery housing (7) SECRETARY.—The term ‘‘Secretary’’ tribal organizations, and tribally designated is able to support recovery and prevent re- means the Secretary of Labor. housing entities that provide recovery hous- lapse, recidivism, or overdose (including (8) STATE WORKFORCE AGENCY.—The term ing services, as applicable; overdose death), including by improving ac- ‘‘State workforce agency’’ means the lead (F) individuals with a history of substance cess and adherence to treatment, including State agency with responsibility for the ad- use disorder; and medication-assisted treatment. ministration of a program under chapter 2 or (G) other stakeholders identified by the (e) RULE OF CONSTRUCTION.—Nothing in 3 of subtitle B of title I of the Workforce In- Secretary. this section shall be construed to provide the novation and Opportunity Act (29 U.S.C. 3161 (b) IDENTIFICATION OF FRAUDULENT RECOV- Secretary with the authority to require et seq., 3171 et seq.). ERY HOUSING OPERATORS.— States to adhere to minimum standards in (9) SUBSTANCE USE DISORDER.—The term (1) IN GENERAL.—The Secretary, in con- the State oversight of recovery housing. ‘‘substance use disorder’’ has the meaning sultation with the individuals and entities (f) DEFINITIONS.—In this section— given such term by the Assistant Secretary described in paragraph (2), shall identify or (1) the term ‘‘recovery housing’’ means a for Mental Health and Substance Use. facilitate the development of common indi- shared living environment free from alcohol (10) TREATMENT PROVIDER.—The term cators that could be used to identify poten- and illicit drug use and centered on peer sup- ‘‘treatment provider’’— tially fraudulent recovery housing operators. port and connection to services that promote (A) means a health care provider that—

VerDate Sep 11 2014 03:05 Sep 07, 2018 Jkt 079060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\A06SE6.032 S06SEPT1 lotter on DSKBCFDHB2PROD with SENATE S6072 CONGRESSIONAL RECORD — SENATE September 6, 2018 (i) offers services for treating substance (ii) the age-adjusted rate of drug overdose ices and activities described in subsection use disorders and is licensed in accordance deaths, as determined by the Director of the (e). with applicable State law to provide such Centers for Disease Control and Prevention; (B) EQUITABLE DISTRIBUTION.—In making services; and (iii) the rate of non-fatal hospitalizations subgrants under this subsection, an eligible (ii) accepts health insurance for such serv- related to opioid abuse or other substance entity shall ensure, to the extent prac- ices, including coverage under title XIX of use disorders; ticable, the equitable distribution of sub- the Social Security Act (42 U.S.C. 1396 et (iv) the number of arrests or convictions, grants, based on— seq.); and or a relevant law enforcement statistic, that (i) geography (such as urban and rural dis- (B) may include— reasonably shows an increase in opioid abuse tribution); and (i) a nonprofit provider of peer recovery or another substance use disorder; or (ii) significantly impacted service areas as support services; (v) in the case of an eligible entity de- described in subsection (c)(2). (ii) a community health care provider; scribed in subsection (a)(3)(C), other alter- (C) TIMING OF SUBGRANT FUNDS DISTRIBU- (iii) a Federally qualified health center (as native relevant data as determined appro- TION.—An eligible entity making subgrants defined in section 1861(aa) of the Social Secu- priate by the Secretary. under this subsection shall disburse subgrant rity Act (42 U.S.C. 1395x)); (C) SUPPORT FOR STATE STRATEGY.—The eli- funds to a local board receiving a subgrant (iv) an Indian health program (as defined gible entity may include in the application from the eligible entity by the later of— in section 3 of the Indian Health Care Im- information describing how the proposed (i) the date that is 90 days after the date on provement Act (25 U.S.C. 1603)), including an services and activities are aligned with the which the Secretary makes the funds avail- Indian health program that serves an urban State, outlying area, or Tribal strategy, as able to the eligible entity; or center (as defined in such section); and applicable, for addressing problems described (ii) the date that is 15 days after the date (v) a Native Hawaiian health center (as de- in subparagraph (A) in specific service areas that the eligible entity makes the subgrant fined in section 12 of the Native Hawaiian or across the State, outlying area, or Tribal under subparagraph (A)(ii). Health Care Improvement Act (42 U.S.C. land. (2) SUBGRANT APPLICATION.— 11711)). (3) ECONOMIC AND EMPLOYMENT CONDITIONS (A) IN GENERAL.—A local board desiring to (11) TRIBAL ENTITY.—The term ‘‘Tribal en- DEMONSTRATE ADDITIONAL FEDERAL SUPPORT receive a subgrant under this subsection tity’’ includes any Indian Tribe, tribal orga- NEEDED.— from an eligible entity shall submit an appli- nization, Indian-controlled organization (A) DEMONSTRATION.—An eligible entity cation at such time and in such manner as serving Indians, Native Hawaiian organiza- shall include in the application information the eligible entity may reasonably require, tion, or Alaska Native entity, as such terms that demonstrates that a high rate of a sub- including the information described in this are defined or used in section 166 of the stance use disorder has caused, or is coinci- paragraph. Workforce Innovation and Opportunity Act dent to— (B) CONTENTS.—Each application described (29 U.S.C. 3221). (i) an economic or employment downturn in subparagraph (A) shall include— (b) PILOT PROGRAM AND GRANTS AUTHOR- in the service area; or (i) an analysis of the estimated perform- IZED.— (ii) persistent economically depressed con- ance of the local board in carrying out the (1) IN GENERAL.—The Secretary, in con- ditions in such service area. proposed services and activities under the sultation with the Secretary of Health and (B) INFORMATION.—To meet the require- subgrant— Human Services, shall carry out a pilot pro- ments of subparagraph (A), an eligible entity (I) based on— gram to address economic and workforce im- may use information including— (aa) primary indicators of performance de- pacts associated with a high rate of a sub- (i) documentation of any layoff, announced scribed in section 116(c)(1)(A)(i) of the Work- stance use disorder. In carrying out the pilot future layoff, legacy industry decline, de- force Innovation and Opportunity Act (29 program, the Secretary shall make grants, crease in an employment or labor market U.S.C. 3141(c)(1)(A)(i), to assess estimated ef- on a competitive basis, to eligible entities to participation rate, or economic impact, fectiveness of the proposed services and ac- enable such entities to make subgrants to whether or not the result described in this tivities, including the estimated number of local boards to address the economic and clause is overtly related to a high rate of a individuals with a substance use disorder workforce impacts associated with a high substance use disorder; who may be served by the proposed services rate of a substance use disorder. (ii) documentation showing decreased eco- and activities; (2) GRANT AMOUNTS.—The Secretary shall nomic activity related to, caused by, or con- (bb) the record of the local board in serving make each such grant in an amount that is tributing to a high rate of a substance use individuals with a barrier to employment; not less than $500,000, and not more than disorder, including a description of how the and $5,000,000, for a fiscal year. service area has been impacted, or will be (cc) the ability of the local board to estab- (c) GRANT APPLICATIONS.— impacted, by such a decrease; lish a participating partnership; and (1) IN GENERAL.—An eligible entity apply- (iii) information on economic indicators, (II) which may include or utilize— ing for a grant under this section shall sub- labor market analyses, information from (aa) data from the National Center for mit an application to the Secretary at such public announcements, and demographic and Health Statistics of the Centers for Disease time and in such form and manner as the industry data; Control and Prevention; Secretary may reasonably require, including (iv) information on rapid response activi- (bb) data from the Center for Behavioral the information described in this subsection. ties (as defined in section 3 of the Workforce Health Statistics and Quality of the Sub- (2) SIGNIFICANT IMPACT ON COMMUNITY BY Innovation and Opportunity Act (29 U.S.C. stance Abuse and Mental Health Services OPIOID AND SUBSTANCE USE DISORDER-RELATED 3102)) that have been or will be conducted, Administration; PROBLEMS.— including demographic data gathered by em- (cc) State vital statistics; (A) DEMONSTRATION.—An eligible entity ployer or worker surveys or through other (dd) municipal police department records; shall include in the application— methods; (ee) reports from local coroners; or (i) information that demonstrates signifi- (v) data or documentation, beyond anec- (ff) other relevant data; and cant impact on the community by problems dotal evidence, showing that employers face (ii) in the case of a local board proposing to related to opioid abuse or another substance challenges filling job vacancies due to a lack serve a population described in subsection use disorder, by— of skilled workers able to pass a drug test; or (e)(2)(B), a demonstration of the workforce (I) identifying the counties, communities, (vi) any additional relevant data or infor- shortage in the professional area to be ad- regions, or local areas that have been signifi- mation on the economy, workforce, or an- dressed under the subgrant (which may in- cantly impacted and will be served through other aspect of the service area to support clude substance use disorder treatment and the grant (each referred to in this section as the application. related services, non-addictive pain therapy a ‘‘service area’’); and (d) SUBGRANT AUTHORIZATION AND APPLICA- and pain management services, mental (II) demonstrating for each such service TION PROCESS.— health care treatment services, emergency area, an increase equal to or greater than (1) SUBGRANTS AUTHORIZED.— response services, or mental health care), the national increase in such problems, be- (A) IN GENERAL.—An eligible entity receiv- which shall include information that can tween— ing a grant under subsection (b)— demonstrate such a shortage, such as— (aa) 1999; and (i) may use not more than 5 percent of the (I) the distance between— (bb) 2016 or the latest year for which data grant funds for the administrative costs of (aa) communities affected by opioid abuse are available; and carrying out the grant; or another substance use disorder; and (ii) a description of how the eligible entity (ii) in the case of an eligible entity de- (bb) facilities or professionals offering will prioritize support for significantly im- scribed in subparagraph (A) or (B) of sub- services in the professional area; or pacted service areas described in clause (i)(I). section (a)(3), shall use the remaining grant (II) the maximum capacity of facilities or (B) INFORMATION.—To meet the require- funds to make subgrants to local entities in professionals to serve individuals in an af- ments described in subparagraph (A)(i)(II), the service area to carry out the services and fected community, or increases in arrests re- the eligible entity may use information in- activities described in subsection (e); and lated to opioid or another substance use dis- cluding data on— (iii) in the case of an eligible entity de- order, overdose deaths, or nonfatal overdose (i) the incidence or prevalence of opioid scribed in subsection (a)(3)(C), shall use the emergencies in the community. abuse and other substance use disorders; remaining grant funds to carry out the serv- (e) SUBGRANT SERVICES AND ACTIVITIES.—

VerDate Sep 11 2014 03:05 Sep 07, 2018 Jkt 079060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\A06SE6.032 S06SEPT1 lotter on DSKBCFDHB2PROD with SENATE September 6, 2018 CONGRESSIONAL RECORD — SENATE S6073

(1) IN GENERAL.—Each local board that re- ployment, including an assessment of ices, and related services, concurrently or se- ceives a subgrant under subsection (d) shall strengths and general work readiness; or quentially with the services provided under carry out the services and activities de- (iii) accepting walk-ins or referrals from subparagraphs (B) through (E). Such services scribed in this subsection through a partici- employers, labor organizations, or other en- shall include the following: pating partnership. tities recommending individuals to partici- (i) Services provided to program partici- (2) SELECTION OF POPULATION TO BE pate in such program. pants who are in a pre-employment stage of SERVED.—A participating partnership shall (C) INDIVIDUAL TREATMENT AND EMPLOY- the program, which may include— elect to provide services and activities under MENT PLAN.—Developing an individual treat- (I) initial education and skills assess- the subgrant to one or both of the following ment and employment plan for each program ments; populations of workers: participant— (II) traditional classroom training funded (A) Workers, including dislocated workers, (i) in coordination, as appropriate, with through individual training accounts under individuals with barriers to employment, other programs serving the participant such chapter 3 of subtitle B of title I of the Work- new entrants in the workforce, or incumbent as the core programs within the workforce force Innovation and Opportunity Act (29 workers (employed or underemployed), each development system under the Workforce In- U.S.C. 3171 et seq.); of whom— novation and Opportunity Act (29 U.S.C. 3101 (III) services to promote employability (i) is directly or indirectly affected by a et seq.); and skills such as punctuality, personal mainte- high rate of a substance use disorder; and (ii) which shall include providing a case nance skills, and professional conduct; (ii) voluntarily confirms that the worker, manager to work with each participant to (IV) in-depth interviewing and evaluation develop the plan, which may include— or a friend or family member of the worker, to identify employment barriers and to de- (I) identifying employment and career has a history of opioid abuse or another sub- velop individual employment plans; goals; stance use disorder. (V) career planning that includes— (II) exploring career pathways that lead to (B) Workers, including dislocated workers, (aa) career pathways leading to in-demand, in-demand industries and sectors, as deter- individuals with barriers to employment, high-wage jobs; and mined by the State board and the head of the new entrants in the workforce, or incumbent State workforce agency or, as applicable, the (bb) job coaching, job matching, and job workers (employed or underemployed), Tribal entity; placement services; who— (III) setting appropriate achievement ob- (VI) provision of payments and fees for em- (i) seek to transition to professions that jectives to attain the employment and ca- ployment and training-related applications, support individuals with a substance use dis- reer goals identified under subclause (I); or tests, and certifications; or order or at risk for developing such disorder, (IV) developing the appropriate combina- (VII) any other appropriate career service such as professions that provide— tion of services to enable the participant to or training service described in section 134(c) (I) substance use disorder treatment and achieve the employment and career goals of the Workforce Innovation and Oppor- related services; identified under subclause (I). tunity Act (29 U.S.C. 3174(c)). (II) services offered through providers of (D) OUTPATIENT TREATMENT AND RECOVERY (ii) Services provided to program partici- peer recovery support services; CARE.—In the case of a participating partner- pants during their first 6 months of employ- (III) non-addictive pain therapy and pain ship serving program participants described ment to ensure job retention, which may in- management services; in paragraph (2)(A) with a substance use dis- clude— (IV) emergency response services; or order, providing individualized and group (I) case management and support services, (V) mental health care; and outpatient treatment and recovery services including a continuation of the services de- (ii) need new or upgraded skills to better for such program participants that are of- scribed in clause (i); serve such a population of struggling or at- fered during the day and evening, and on (II) a continuation of skills training, and risk individuals. weekends. Such treatment and recovery career and technical education, described in (3) SERVICES AND ACTIVITIES.—Each partici- services— clause (i) that is conducted in collaboration pating partnership shall use funds available (i) shall be based on a model that utilizes with the employers of such participants; through a subgrant under this subsection to combined behavioral interventions and other (III) mentorship services and job retention carry out 1 or more of the following: evidence-based or evidence-informed inter- support for such participants; or (A) ENGAGING EMPLOYERS.—Engaging with ventions; and (IV) targeted training for managers and employers to— (ii) may include additional services such workers working with such participants (i) learn about the skill and hiring require- as— (such as mentors), and human resource rep- ments of employers; (I) health, mental health, addiction, or resentatives in the business in which such (ii) learn about the support needed by em- other forms of outpatient treatment that participants are employed. ployers to hire and retain program partici- may impact a substance use disorder and co- (iii) Services to assist program partici- pants, and other individuals with a sub- occurring conditions; pants in maintaining employment for not stance use disorder, and the support needed (II) drug testing for a current substance less than 12 months, as appropriate. by such employers to obtain their commit- use disorder prior to enrollment in career or (G) PROVEN AND PROMISING PRACTICES.— ment to testing creative solutions to em- training services or prior to employment; Leading efforts in the service area to iden- ploying program participants and such indi- (III) linkages to community services, in- tify and promote proven and promising viduals; cluding services offered by partner organiza- strategies and initiatives for meeting the (iii) connect employers and workers to on- tions designed to support program partici- needs of employers and program partici- the-job or customized training programs be- pants; or pants. fore or after layoff to help facilitate reem- (IV) referrals to health care, including re- (4) LIMITATIONS.—A participating partner- ployment; ferrals to substance use disorder treatment ship may not use— (iv) connect employers with an education and mental health services. (A) more than 10 percent of the funds re- provider to develop classroom instruction to (E) SUPPORTIVE SERVICES.—Providing sup- ceived under a subgrant under subsection (d) complement on-the-job learning for program portive services, which shall include services for the administrative costs of the partner- participants and such individuals; such as— ship; (v) help employers develop the curriculum (i) coordinated wraparound services to pro- (B) more than 10 percent of the funds re- design of a work-based learning program for vide maximum support for program partici- program participants and such individuals; pants to assist the program participants in ceived under such subgrant for the provision (vi) help employers employ program par- maintaining employment and recovery for of treatment and recovery services, as de- ticipants or such individuals engaging in a not less than 12 months, as appropriate; scribed in paragraph (3)(D); and work-based learning program for a transi- (ii) assistance in establishing eligibility for (C) more than 10 percent of the funds re- tional period before hiring such a program assistance under Federal, State, Tribal, and ceived under such subgrant for the provision participant or individual for full-time em- local programs providing health services, of supportive services described in paragraph ployment of not less than 30 hours a week; or mental health services, vocational services, (3)(E) to program participants. (vii) connect employers to program partici- housing services, transportation services, so- (f) PERFORMANCE ACCOUNTABILITY.— pants receiving concurrent outpatient treat- cial services, or services through early child- (1) REPORTS.—The Secretary shall estab- ment and job training services. hood education programs (as defined in sec- lish quarterly reporting requirements for re- (B) SCREENING SERVICES.—Providing tion 103 of the Higher Education Act of 1965 cipients of grants and subgrants under this screening services, which may include— (20 U.S.C. 1003)); section that, to the extent practicable, are (i) using an evidence-based screening meth- (iii) services offered through providers of based on the performance accountability sys- od to screen each individual seeking partici- peer recovery support services; tem under section 116 of the Workforce Inno- pation in the pilot program to determine (iv) networking and mentorship opportuni- vation and Opportunity Act (29 U.S.C. 3141) whether the individual has a substance use ties; or and, in the case of a grant awarded to an eli- disorder; (v) any supportive services determined nec- gible entity described in subsection (a)(3)(C), (ii) conducting an assessment of each such essary by the local board. section 166(h) of such Act (29 U.S.C. 3221(h)), individual to determine the services needed (F) CAREER AND JOB TRAINING SERVICES.— including the indicators described in sub- for such individual to obtain or retain em- Offering career services and training serv- section (c)(1)(A)(i) of such section 116 and the

VerDate Sep 11 2014 03:05 Sep 07, 2018 Jkt 079060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\A06SE6.032 S06SEPT1 lotter on DSKBCFDHB2PROD with SENATE S6074 CONGRESSIONAL RECORD — SENATE September 6, 2018 requirements for local area performance re- for calendar years 2013 through 2017, that is SEC. 1412. PILOT PROGRAM TO HELP INDIVID- ports under subsection (d) of such section above the national average; and UALS IN RECOVERY FROM A SUB- 116. (3) a rate of labor force participation, based STANCE USE DISORDER BECOME STABLY HOUSED. (2) EVALUATIONS.— on data provided by the Bureau of Labor Sta- (a) AUTHORIZATION OF APPROPRIATIONS.— (A) AUTHORITY TO ENTER INTO AGREE- tistics for calendar years 2013 through 2017, There is authorized to be appropriated under MENTS.—The Secretary shall ensure that an that is below the national average. this section such sums as may be necessary independent evaluation is conducted on the (d) PREFERENCE.—In awarding grants under for each of fiscal years 2019 through 2023 for pilot program carried out under this section this section, the Secretary shall, as appro- assistance to States to provide individuals in to determine the impact of the program on priate, give preference to entities located in recovery from a substance use disorder sta- employment of individuals with substance an area with an age-adjusted rate of drug ble, temporary housing for a period of not use disorders. The Secretary shall enter into overdose deaths that is above the national more than 2 years or until the individual se- an agreement with eligible entities receiving overdose mortality rate. cures permanent housing, whichever is ear- grants under this section to pay for all or (e) APPLICATIONS.—An eligible entity shall lier. part of such evaluation. submit an application at such time and in (b) ALLOCATION OF APPROPRIATED (B) METHODOLOGIES TO BE USED.—The inde- such manner as the Secretary may require. AMOUNTS.— pendent evaluation required under this para- In submitting an application, the entity (1) IN GENERAL.—The amounts appropriated graph shall use experimental designs using shall demonstrate the ability to partner with or otherwise made available to States under random assignment or, when random assign- local stakeholders, which may include local this section shall be allocated based on a ment is not feasible, other reliable, evidence- employers, community stakeholders, the funding formula established by the Secretary based research methodologies that allow for local workforce development board, and of Housing and Urban Development (referred the strongest possible causal inferences. to in this section as the ‘‘Secretary’’) not local and State governments, to— (g) FUNDING.— later than 60 days after the date of enact- (1) identify gaps in the workforce due to (1) COVERED FISCAL YEAR.—In this sub- ment of this Act. the prevalence of substance use disorders; section, the term ‘‘covered fiscal year’’ (2) CRITERIA.—The funding formula re- (2) in coordination with statewide employ- means any of fiscal years 2018 through 2023. quired under paragraph (1) shall ensure that ment and training activities, including co- (2) USING FUNDING FOR NATIONAL DIS- any amounts appropriated or otherwise made ordination and alignment of activities car- LOCATED WORKER GRANTS.—Subject to para- available under this section are allocated to ried out by entities provided grant funds graph (4) and notwithstanding section States with an age-adjusted rate of drug under section 1410, help individuals in recov- 132(a)(2)(A) and subtitle D of the Workforce overdose deaths that is above the national ery from a substance use disorder transition Innovation and Opportunity Act (29 U.S.C. overdose mortality rate, according to the into the workforce, including by providing 3172(a)(2)(A), 3221 et seq.), the Secretary may Centers for Disease Control and Prevention. use, to carry out the pilot program under career services, training services as de- Among such States, priority shall be given this section for a covered fiscal year— scribed in paragraph (2) of section 134(c) of to States with the greatest need, as such (A) funds made available to carry out sec- the Workforce Innovation and Opportunity need is determined by the Secretary based tion 170 of such Act (29 U.S.C. 3225) for that Act (29 U.S.C. 3174(c)), and related services on— fiscal year; described in section 134(a)(3) of such Act (42 (A) the highest average rates of unemploy- (B) funds made available to carry out sec- U.S.C. 3174(a)); and ment based on data provided by the Bureau tion 170 of such Act that remain available for (3) assist employers with informing their of Labor Statistics for calendar years 2013 that fiscal year; and employees of the resources, such as resources through 2017; (C) funds that remain available under sec- related to substance use disorders that are (B) the lowest average labor force partici- tion 172(f) of such Act (29 U.S.C. 3227(f)). available to their employees. pation rates based on data provided by the (3) AVAILABILITY OF FUNDS.—Funds appro- (f) USE OF FUNDS.—An entity receiving a Bureau of Labor Statistics for calendar years priated under section 136(c) of such Act (29 grant under this section shall use the funds 2013 through 2017; and U.S.C. 3181(c)) and made available to carry to conduct one or more of the following ac- (C) the highest prevalence of opioid use out section 170 of such Act for a fiscal year tivities: disorder based on data provided by the Sub- shall remain available for use under para- (1) Hire case managers, care coordinators, stance Abuse and Mental Health Services graph (2) for a subsequent fiscal year until providers of peer recovery support services, Administration for calendar years 2013 expended. as described in section 547(a) of the Public through 2017. (4) LIMITATION.—The Secretary may not Health Service Act (42 U.S.C. 290ee–2(a)), or (3) DISTRIBUTION.—Amounts appropriated use more than $100,000,000 of the funds de- other professionals, as appropriate, to pro- or otherwise made available under this sec- scribed in paragraph (2) for any covered fis- vide services that support treatment, recov- tion shall be distributed according to the cal year under this section. ery, and rehabilitation, and prevent relapse, funding formula established by the Secretary SEC. 1411. CAREER ACT. recidivism, and overdose, including by en- under paragraph (1) not later than 30 days (a) IN GENERAL.—The Secretary, in con- couraging— after the establishment of such formula. sultation with the Secretary of Labor, shall (A) the development of daily living skills; (c) USE OF FUNDS.— continue or establish a program to support and (1) IN GENERAL.—Any State that receives individuals in recovery from a substance use (B) the use of counseling, care coordina- amounts pursuant to this section shall ex- disorder transition to independent living and tion, and other services, as appropriate, to pend at least 30 percent of such funds within the workforce. support recovery from substance use dis- one year of the date funds become available (b) GRANTS AUTHORIZED.—In carrying out orders. to the grantee for obligation. the activities under this section, the Sec- (2) Implement or utilize innovative tech- (2) PRIORITY.—Any State that receives retary shall, on a competitive basis, award nologies, which may include the use of tele- amounts pursuant to this section shall dis- grants for a period of not more than 5 years medicine. tribute such amounts giving priority to enti- to entities to enable such entities to carry (3) In coordination with the lead State ties with the greatest need and ability to de- out evidence-based programs to help individ- agency with responsibility for a workforce liver effective assistance in a timely manner. uals in recovery from a substance use dis- investment activity or local board described (3) ADMINISTRATIVE COSTS.—Any State that order transition from treatment to inde- in subsection (b), provide— receives amounts pursuant to this section pendent living and the workforce. Such enti- (A) short-term prevocational training serv- may use up to 5 percent of any grant for ad- ties shall coordinate, as applicable, with In- ices; and ministrative costs. dian tribes or tribal organizations (as appli- (B) training services that are directly (d) RULES OF CONSTRUCTION.— cable), State boards and local boards (as de- linked to the employment opportunities in (1) IN GENERAL.—Except as otherwise pro- fined in section 3 of the Workforce Innova- the local area or the planning region. vided by this section, amounts appropriated, tion and Opportunity Act (29 U.S.C. 3102), or amounts otherwise made available to lead State agencies with responsibility for a (g) SUPPORT FOR STATE STRATEGY.—An eli- States under this section shall be treated as workforce investment activity (as defined in gible entity shall include in its application though such funds were community develop- such section 3), and State agencies respon- under subsection (e) information describing ment block grant funds under title I of the sible for carrying out substance use disorder how the services and activities proposed in Housing and Community Development Act of prevention and treatment programs. such application are aligned with the State, 1974 (42 U.S.C. 5301 et seq.). outlying area, or Tribal strategy, as applica- (c) PRIORITY.—In awarding grants under (2) NO MATCH.—No matching funds shall be this section, the Secretary shall give pri- ble, for addressing issues described in such required in order for a State to receive any ority to entities located in a State with— application and how such entity will coordi- amounts under this section. (1) an age-adjusted rate of drug overdose nate with existing systems to deliver serv- (e) AUTHORITY TO WAIVE OR SPECIFY ALTER- deaths that is above the national overdose ices as described in such application. NATIVE REQUIREMENTS.— mortality rate, as determined by the Direc- (h) AUTHORIZATION OF APPROPRIATIONS.— (1) IN GENERAL.—In administering any tor of the Centers for Disease Control and There is authorized to be appropriated such amounts appropriated or otherwise made Prevention; sums as may be necessary for each of fiscal available under this section, the Secretary (2) a rate of unemployment, based on data years 2019 through 2023 for purposes of car- may waive or specify alternative require- provided by the Bureau of Labor Statistics rying out this section. ments for any provision of any statute or

VerDate Sep 11 2014 03:05 Sep 07, 2018 Jkt 079060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\A06SE6.032 S06SEPT1 lotter on DSKBCFDHB2PROD with SENATE September 6, 2018 CONGRESSIONAL RECORD — SENATE S6075 regulation in connection with the obligation 1355.20(a) of title 45, Code of Federal Regula- cation, shall award 3-year grants, on a com- by the Secretary or the use of funds except tions (or any successor regulations). petitive basis, to eligible entities to enable for requirements related to fair housing, (D) HIGH SCHOOL.—The term ‘‘high school’’ such entities, in coordination with Indian nondiscrimination, labor standards, and the has the meaning given such term in section Tribes, if applicable, and State agencies re- environment, upon a finding that such a 8101 of the Elementary and Secondary Edu- sponsible for carrying out substance use dis- waiver is necessary to expedite or facilitate cation Act of 1965 (20 U.S.C. 7801). order prevention and treatment programs, to the use of such funds. (E) HOMELESS YOUTH.—The term ‘‘homeless carry out evidence-based programs for— (2) NOTICE.—The Secretary shall provide youth’’ has the meaning given the term (A) prevention of substance misuse and written notice of its intent to exercise the ‘‘homeless children or youths’’ in section 725 abuse by children, adolescents, and young of the McKinney-Vento Homeless Assistance authority to specify alternative require- adults, which may include primary preven- Act (42 U.S.C. 11434a); ments under paragraph (1) to the Committee tion; (F) INSTITUTION OF HIGHER EDUCATION.—The on Banking, Housing, and Urban Affairs of (B) recovery support services for children, the Senate and the Committee on Financial term ‘‘institution of higher education’’ has adolescents, and young adults, which may Services of the House of Representatives not the meaning given such term in section 101 include counseling, job training, linkages to later than 5 business days before such exer- of the Higher Education Act of 1965 (20 U.S.C. community-based services, family support cise of authority occurs. 1001) and includes a ‘‘postsecondary voca- groups, peer mentoring, and recovery coach- (f) TECHNICAL ASSISTANCE.—For the 2-year tional institution’’ as defined in section period following the date of enactment of 102(c) of such Act (20 U.S.C. 1002(c)). ing; or this Act, the Secretary may use not more (G) LOCAL EDUCATIONAL AGENCY.—The term (C) treatment or referrals for treatment of than 2 percent of the funds made available ‘‘local educational agency’’ has the meaning substance use disorders, which may include under this section for technical assistance to given the term in section 8101 of the Elemen- the use of medication-assisted treatment, as grantees. tary and Secondary Education Act of 1965 (20 appropriate. (g) STATE.—For purposes of this section U.S.C. 7801). (5) SPECIAL CONSIDERATION.—In awarding the term ‘‘State’’ includes any State as de- (H) LOCAL BOARD; ONE-STOP OPERATOR.— grants under this subsection, the Secretary fined in section 102 of the Housing and Com- The terms ‘‘local board’’ and ‘‘one-stop oper- shall give special consideration to the munity Development Act of 1974 (42 U.S.C. ator’’ have the meanings given such terms in unique needs of tribal, urban, suburban, and 5302) and the District of Columbia. section 3 of the Workforce Innovation and rural populations. SEC. 1413. YOUTH PREVENTION AND RECOVERY. Opportunity Act (29 U.S.C. 3102). (6) APPLICATION.—To be eligible for a grant (a) SUBSTANCE ABUSE TREATMENT SERVICES (I) OUT OF SCHOOL YOUTH.—The term ‘‘out- under this subsection, an entity shall submit FOR CHILDREN, ADOLESCENTS, AND YOUNG of-school youth’’ has the meaning given such to the Secretary an application at such time, ADULTS.—Section 514 of the Public Health term in section 129(a)(1)(B) of the Workforce in such manner, and containing such infor- Service Act (42 U.S.C. 290bb–7) is amended— Innovation and Opportunity Act (29 U.S.C. mation as the Secretary may require. Such (1) in the section heading, by striking 3164(a)(1)(B)). application shall include— ‘‘CHILDREN AND ADOLESCENTS’’ and inserting (J) RECOVERY PROGRAM.—The term ‘‘recov- (A) a description of— ‘‘CHILDREN, ADOLESCENTS, AND YOUNG ADULTS’’; ery program’’ means a program— (i) the impact of substance use disorders in (2) in subsection (a)(2), by striking ‘‘chil- (i) to help children, adolescents, or young the population that will be served by the dren, including’’ and inserting ‘‘children, adults who are recovering from substance grant program; adolescents, and young adults, including’’; use disorders to initiate, stabilize, and main- (ii) how the eligible entity has solicited and tain healthy and productive lives in the com- input from relevant stakeholders, which may (3) by striking ‘‘children and adolescents’’ munity; and include faculty, teachers, staff, families, stu- each place it appears and inserting ‘‘chil- (ii) that includes peer-to-peer support de- dren, adolescents, and young adults’’. livered by individuals with lived experience dents, and experts in substance use preven- (b) RESOURCE CENTER.—The Secretary, act- in recovery, and communal activities to tion and treatment in developing such appli- ing through the Assistant Secretary for Men- build recovery skills and supportive social cation; tal Health and Substance Use and, as appro- networks. (iii) the goals of the proposed project, in- priate, in consultation with the Secretary of (K) STATE EDUCATIONAL AGENCY.—The term cluding the intended outcomes; Education and other agencies, shall establish ‘‘State educational agency’’ has the meaning (iv) how the eligible entity plans to use a resource center to provide technical sup- given the term in section 8101 of the Elemen- grant funds for evidence-based activities, in port to recipients of grants under subsection tary and Secondary Education Act (20 U.S.C. accordance with this subsection to prevent, (c). 7801). provide recovery support for, or treat sub- (c) YOUTH PREVENTION AND RECOVERY INI- (3) BEST PRACTICES.—The Secretary, in stance use disorders amongst such individ- TIATIVE.— consultation with the Secretary of Edu- uals, or a combination of such activities; and (1) IN GENERAL.—The Secretary, in con- cation, shall— (v) how the eligible entity will collaborate sultation with the Secretary of Education, (A) identify or facilitate the development with relevant partners, which may include shall administer a program to provide sup- of evidence-based best practices for preven- State educational agencies, local edu- port for communities to support the preven- tion of substance misuse and abuse by chil- cational agencies, institutions of higher edu- tion of, treatment of, and recovery from, dren, adolescents, and young adults, includ- cation, juvenile justice agencies, prevention substance use disorders for children, adoles- ing for specific populations such as youth in and recovery support providers, local service cents, and young adults. foster care, homeless youth, out-of-school providers, including substance use disorder (2) DEFINITIONS.—In this subsection: youth, and youth who are at risk of or have treatment programs, providers of mental (A) ELIGIBLE ENTITY.—The term ‘‘eligible experienced trafficking that address— health services, youth serving organizations, entity’’ means— (i) primary prevention; family and youth homeless providers, child (i) a local educational agency that is seek- (ii) appropriate recovery support services; welfare agencies, and primary care pro- ing to establish or expand substance use pre- (iii) appropriate use of medication-assisted viders, in carrying out the grant program; vention or recovery support services at one treatment for such individuals, if applicable, and or more high schools; and ways of overcoming barriers to the use (B) an assurance that the eligible entity (ii) a State educational agency; of medication-assisted treatment in such will participate in the evaluation described (iii) an institution of higher education (or population; and in paragraph (3)(C). consortia of such institutions), which may (iv) efficient and effective communication, (7) PRIORITY.—In awarding grants under include a recovery program at an institution which may include the use of social media, of higher education; to maximize outreach efforts; this subsection, the Secretary shall give pri- (iv) a local board or one-stop operator; (B) disseminate such best practices to ority to eligible entities that propose to use (v) a nonprofit organization with appro- State educational agencies, local edu- grant funds for activities that meet the cri- priate expertise in providing services or pro- cational agencies, schools and dormitories teria described in subclauses (I) and (II) of grams for children, adolescents, or young funded by the Bureau of Indian Education, section 8101(21)(A)(i) of the Elementary and adults, excluding a school; institutions of higher education, recovery Secondary Education Act (20 U.S.C. (vi) a State, political subdivision of a programs at institutions of higher education, 7801(21)(A)(i)). State, Indian Tribe, or tribal organization; local boards, one-stop operators, family and (8) REPORTS TO THE SECRETARY.—Each eli- or youth homeless providers, and nonprofit or- gible entity awarded a grant under this sub- (vii) a high school or dormitory serving ganizations, as appropriate; section shall submit to the Secretary a re- high school students that receives funding (C) conduct a rigorous evaluation of each port at such time and in such manner as the from the Bureau of Indian Education. grant funded under this subsection, particu- Secretary may require. Such report shall in- (B) EVIDENCE-BASED.—The term ‘‘evidence- larly its impact on the indicators described clude— based’’ has the meaning given such term in in paragraph (8)(B); and (A) a description of how the eligible entity section 8101 of the Elementary and Sec- (D) provide technical assistance for grant- used grant funds, in accordance with this ondary Education Act (20 U.S.C. 7801). ees under this subsection. subsection, including the number of children, (C) FOSTER CARE.—The term ‘‘foster care’’ (4) GRANTS AUTHORIZED.—The Secretary, in adolescents, and young adults reached has the meaning given such term in section consultation with the Secretary of Edu- through programming; and

VerDate Sep 11 2014 03:05 Sep 07, 2018 Jkt 079060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\A06SE6.032 S06SEPT1 lotter on DSKBCFDHB2PROD with SENATE S6076 CONGRESSIONAL RECORD — SENATE September 6, 2018 (B) a description, including relevant data, application to the Secretary at such time early childhood development services and of how the grant program has made an im- and in such manner as the Secretary may re- programs such as Head Start programs; pact on the intended outcomes described in quire. Such application shall include— ‘‘(ii) a description of how the State plans paragraph (6)(A)(iii), including— ‘‘(i) a description of— to use funds for activities described in sub- (i) indicators of student success, which, if ‘‘(I) the impact of substance use disorder in paragraph (D) for the purposes of ensuring the eligible entity is an educational institu- such State, including with respect to the State compliance with requirements under tion, shall include student well-being and substance or class of substances with the clauses (ii) and (iii) of section 106(b)(2)(B); academic achievement; highest incidence of abuse in the previous and (ii) substance use disorders amongst chil- year in such State, including— ‘‘(iii) an assurance that the State will— dren, adolescents, and young adults, includ- ‘‘(aa) the prevalence of substance use dis- ‘‘(I) comply with this Act and parts B and ing the number of overdoses and deaths order in such State; E of title IV of the Social Security Act (42 amongst children, adolescents, and young ‘‘(bb) the aggregate rate of births in the U.S.C. 621 et seq., 670 et seq.); and adults during the grant period; and State of infants affected by substance abuse ‘‘(II) comply with requirements to refer a (iii) other indicators, as the Secretary de- or withdrawal symptoms or a fetal alcohol child identified as substance-exposed to termines appropriate. spectrum disorder (as determined by hos- early intervention services as required pur- (9) REPORT TO CONGRESS.—The Secretary pitals, insurance claims, claims submitted to suant to a grant under part C of the Individ- shall, not later than October 1, 2022, submit the State Medicaid program, or other uals with Disabilities Education Act (20 a report to the Committee on Health, Edu- records), if available and to the extent prac- U.S.C. 1431 et seq.). ‘‘(D) USES OF FUNDS.—Funds awarded to a cation, Labor, and Pensions of the Senate, ticable; and State under this paragraph may be used for and the Committee on Energy and Commerce ‘‘(cc) the number of infants identified, for the following activities, which may be car- and the Committee on Education and the whom a plan of safe care was developed, and ried out by the State directly, or through Workforce of the House of Representatives, a for whom a referral was made for appropriate grants or subgrants, contracts, or coopera- report summarizing the effectiveness of the services, as reported under section 106(d)(18); tive agreements: grant program under this subsection, based ‘‘(II) the challenges the State faces in de- on the information submitted in reports re- ‘‘(i) Improving State and local systems veloping, implementing, and monitoring with respect to the development and imple- quired under paragraph (8). plans of safe care in accordance with section (10) AUTHORIZATION OF APPROPRIATIONS.— mentation of plans of safe care, which— 106(b)(2)(B)(iii); ‘‘(I) shall include parent and caregiver en- There is authorized to be appropriated such ‘‘(III) the State’s lead agency for the grant sums as may be necessary to carry out this gagement, as required under section program and how that agency will coordi- 106(b)(2)(B)(iii)(I), regarding available treat- subsection for each of fiscal years 2019 nate with relevant State entities and pro- through 2023. ment and service options, which may include grams, including the child welfare agency, resources available for pregnant, perinatal, SEC. 1414. PLANS OF SAFE CARE. the substance use disorder treatment agen- and postnatal women; and Section 105(a) of the Child Abuse Preven- cy, hospitals with labor and delivery units, ‘‘(II) may include activities such as— tion and Treatment Act (42 U.S.C. 5106(a)) is health care providers, the public health and ‘‘(aa) developing policies, procedures, or amended by adding at the end the following: mental health agencies, programs funded by protocols for the administration or develop- ‘‘(7) GRANTS TO STATES TO IMPROVE AND CO- the Substance Abuse and Mental Health ment of evidence-based and validated screen- ORDINATE THEIR RESPONSE TO ENSURE THE Services Administration that provide sub- ing tools for infants who may be affected by SAFETY, PERMANENCY, AND WELL-BEING OF IN- stance use disorder treatment for women, substance use withdrawal symptoms or a FANTS AFFECTED BY SUBSTANCE USE.— the State Medicaid program, the State agen- fetal alcohol spectrum disorder and preg- ‘‘(A) PROGRAM AUTHORIZED.—The Secretary cy administering the block grant program nant, perinatal, and postnatal women whose shall make grants to States for the purpose under title V of the Social Security Act (42 infants may be affected by substance use of assisting child welfare agencies, social U.S.C. 701 et seq.), the State agency admin- withdrawal symptoms or a fetal alcohol services agencies, substance use disorder istering the programs funded under part C of spectrum disorder; treatment agencies, hospitals with labor and the Individuals with Disabilities Education ‘‘(bb) improving assessments used to deter- delivery units, medical staff, public health Act (20 U.S.C. 1431 et seq.), the maternal, in- mine the needs of the infant and family; and mental health agencies, and maternal fant, and early childhood home visiting pro- ‘‘(cc) improving ongoing case management and child health agencies to facilitate col- gram under section 511 of the Social Security services; and laboration in developing, updating, imple- Act (42 U.S.C. 711), the State judicial system, ‘‘(dd) improving access to treatment serv- menting, and monitoring plans of safe care and other agencies, as determined by the ices, which may be prior to the pregnant described in section 106(b)(2)(B)(iii). Secretary, and Indian Tribes and tribal orga- woman’s delivery date. ‘‘(B) DISTRIBUTION OF FUNDS.— nizations, as appropriate; ‘‘(ii) Developing policies, procedures, or ‘‘(i) RESERVATIONS.—Of the amounts appro- ‘‘(IV) how the State will monitor local de- protocols in consultation and coordination priated under subparagraph (H), the Sec- velopment and implementation of plans of with health professionals, public and private retary shall reserve— safe care, in accordance with section health facilities, and substance use disorder ‘‘(I) no more than 3 percent for the pur- 106(b)(2)(B)(iii)(II), including how the State treatment agencies to ensure that— poses described in subparagraph (G); and will monitor to ensure plans of safe care ad- ‘‘(I) appropriate notification to child pro- ‘‘(II) up to 3 percent for grants to Indian dress differences between substance use dis- tective services is made in a timely manner; Tribes and tribal organizations to address order and medically supervised substance ‘‘(II) a plan of safe care is in place, in ac- the needs of infants born with, and identified use, including for the treatment of a sub- cordance with section 106(b)(2)(B)(iii), before as being affected by, substance abuse or stance use disorder; the infant is discharged from the birth or withdrawal symptoms resulting from pre- ‘‘(V) how the State meets the requirements health care facility; and natal drug exposure or a fetal alcohol spec- of section 1927 of the Public Health Service ‘‘(III) such health and related agency pro- trum disorder and their families or care- Act (42 U.S.C. 300x–27); fessionals are trained on how to follow such givers, which to the extent practicable, shall ‘‘(VI) how the State plans to utilize fund- protocols and are aware of the supports that be consistent with the uses of funds de- ing authorized under part E of title IV of the may be provided under a plan of safe care. scribed under subparagraph (D). Social Security Act (42 U.S.C. 670 et seq.) to ‘‘(iii) Training health professionals and ‘‘(ii) ALLOTMENTS TO STATES AND TERRI- assist in carrying out any plan of safe care, health system leaders, child welfare workers, TORIES.—The Secretary shall allot the including such funding authorized under sec- substance use disorder treatment agencies, amount appropriated under subparagraph (H) tion 471(e) of such Act (as in effect on Octo- and other related professionals such as home that remains after application of clause (i) ber 1, 2018) for mental health and substance visiting agency staff and law enforcement in to each State that applies for such a grant, abuse prevention and treatment services and relevant topics including— in an amount equal to the sum of— in-home parent skill-based programs and ‘‘(I) State mandatory reporting laws and ‘‘(I) $500,000; and funding authorized under such section 472(j) the referral and process requirements for no- ‘‘(II) an amount that bears the same rela- (as in effect on October 1, 2018) for children tification to child protective services when tionship to any funds appropriated under with a parent in a licensed residential fam- child abuse or neglect reporting is not man- subparagraph (H) and remaining after appli- ily-based treatment facility for substance dated; cation of clause (i), as the number of live abuse; and ‘‘(II) the co-occurrence of pregnancy and births in the State in the previous calendar ‘‘(VII) an assessment of the treatment and substance use disorder, and implications of year bears to the number of live births in all other services and programs available in the prenatal exposure; States in such year. State, to effectively carry out any plan of ‘‘(III) the clinical guidance about treating ‘‘(iii) RATABLE REDUCTION.—If the amount safe care developed, including identification substance use disorder in pregnant and appropriated under subparagraph (H) is in- of needed treatment, and other services and postpartum women; sufficient to satisfy the requirements of programs to ensure the well-being of young ‘‘(IV) appropriate screening and interven- clause (ii), the Secretary shall ratably re- children and their families affected by sub- tions for infants affected by substance use duce each allotment to a State. stance use disorder, such as programs carried disorder, withdrawal symptoms, or a fetal al- ‘‘(C) APPLICATION.—A State desiring a out under part C of the Individuals with Dis- cohol spectrum disorder and the require- grant under this paragraph shall submit an abilities Education Act and comprehensive ments under section 106(b)(2)(B)(iii); and

VerDate Sep 11 2014 03:05 Sep 07, 2018 Jkt 079060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\A06SE6.032 S06SEPT1 lotter on DSKBCFDHB2PROD with SENATE September 6, 2018 CONGRESSIONAL RECORD — SENATE S6077 ‘‘(V) appropriate multigenerational strate- House of Representatives that includes the the Scholarship Program or the Loan Repay- gies to address the mental health needs of information described in subparagraph (E) ment Program (referred to in this section as the parent and child together. and recommendations or observations on the a ‘participant’) is assigned under section 333 ‘‘(iv) Establishing partnerships, agree- challenges, successes, and lessons derived may direct such participant to provide serv- ments, or memoranda of understanding be- from implementation of the grant program. ice as a behavioral or mental health profes- tween the lead agency and health profes- ‘‘(G) RESERVATION OF FUNDS.—The Sec- sional at a school or other community-based sionals, health facilities, child welfare pro- retary shall use the amount reserved under setting located in a health professional fessionals, juvenile and family court judges, subparagraph (B)(i)(I) for the purposes of— shortage area. substance use and mental disorder treatment ‘‘(i) providing technical assistance, includ- ‘‘(b) OBLIGATED SERVICE.— programs, early childhood education pro- ing programs of in-depth technical assist- ‘‘(1) IN GENERAL.—Any service described in grams, and maternal and child health and ance, to additional States, territories, and subsection (a) that a participant provides early intervention professionals, including Indian Tribes and tribal organizations in ac- may count towards such participant’s com- home visiting providers, peer-to-peer recov- cordance with the substance-exposed infant pletion of any obligated service require- ery programs such as parent mentoring pro- initiative developed by the National Center ments under the Scholarship Program or the grams, and housing agencies to facilitate the on Substance Abuse and Child Welfare; Loan Repayment Program, subject to any implementation of, and compliance with sec- ‘‘(ii) issuing guidance on the requirements limitation imposed under paragraph (2). tion 106(b)(2) and clause (ii) of this subpara- of this Act with respect to infants born with ‘‘(2) LIMITATION.—The Secretary may im- graph, in areas which may include— and identified as being affected by substance pose a limitation on the number of hours of ‘‘(I) developing a comprehensive, multi-dis- use or withdrawal symptoms or fetal alcohol service described in subsection (a) that a par- ciplinary assessment and intervention proc- spectrum disorder, as described in clauses ticipant may credit towards completing obli- ess for infants, pregnant women, and their (ii) and (iii) of section 106(b)(2)(B), including gated service requirements, provided that families who are affected by substance use by— the limitation allows a member to credit disorder, withdrawal symptoms, or a fetal al- ‘‘(I) clarifying key terms; and service described in subsection (a) for not cohol spectrum disorder, that includes mean- ‘‘(II) disseminating best practices on im- less than 50 percent of the total hours re- ingful engagement with and takes into ac- plementation of plans of safe care, on such quired to complete such obligated service re- count the unique needs of each family and topics as differential response, collaboration quirements. addresses differences between medically su- and coordination, and identification and de- ‘‘(c) RULE OF CONSTRUCTION.—The author- pervised substance use, including for the livery of services for different populations; ization under subsection (a) shall be notwith- treatment of substance use disorder, and ‘‘(iii) supporting State efforts to develop standing any other provision of this subpart substance use disorder; information technology systems to manage or subpart II.’’. ‘‘(II) ensuring that treatment approaches plans of safe care; and SEC. 1417. LOAN REPAYMENT FOR SUBSTANCE for serving infants, pregnant women, and ‘‘(iv) preparing the Secretary’s report to USE DISORDER TREATMENT PRO- VIDERS. perinatal and postnatal women whose in- Congress described in subparagraph (F). fants may be affected by substance use, with- (a) LOAN REPAYMENT FOR SUBSTANCE USE ‘‘(H) AUTHORIZATION OF APPROPRIATIONS.— TREATMENT PROVIDERS.—The Secretary shall drawal symptoms, or a fetal alcohol spec- To carry out the program under this para- enter into contracts under section 338B of trum disorder, are designed to, where appro- graph, there is authorized to be appropriated priate, keep infants with their mothers dur- the Public Health Service Act (42 U.S.C. 254l– $60,000,000 for each of fiscal years 2019 ing both inpatient and outpatient treatment; 1) with eligible health professionals pro- through 2023.’’. and viding substance use disorder treatment ‘‘(III) increasing access to all evidence- SEC. 1415. REGULATIONS RELATING TO SPECIAL services in substance use disorder treatment REGISTRATION FOR TELEMEDICINE. based medication-assisted treatment ap- facilities, as defined by the Secretary. Section 311(h) of the Controlled Substances proved by the Food and Drug Administra- (b) PROVISION OF SUBSTANCE USE DISORDER Act (21 U.S.C. 831(h)) is amended by striking tion, behavioral therapy, and counseling TREATMENT.—In carrying out the activities paragraph (2) and inserting the following: services for the treatment of substance use described in subsection (a)— disorders, as appropriate. ‘‘(2) REGULATIONS.— (1) each such facility shall be located in or ‘‘(v) Developing and updating systems of ‘‘(A) IN GENERAL.—Not later than 1 year serving a mental health professional short- technology for improved data collection and after the date of enactment of the Opioid age area designated under section 332 of the monitoring under section 106(b)(2)(B)(iii), in- Crisis Response Act of 2018, in consultation Public Health Service Act (42 U.S.C. 254e), cluding existing electronic medical records, with the Secretary, and in accordance with or, as the Secretary determines appropriate, to measure the outcomes achieved through the procedure described in subparagraph (B), an area with an age-adjusted rate of drug the plans of safe care, including monitoring the Attorney General shall promulgate final overdose deaths that is above the national systems to meet the requirements of this regulations specifying— overdose mortality rate; Act and submission of performance meas- ‘‘(i) the limited circumstances in which a (2) section 331(a)(3)(D) of such Act (42 ures. special registration under this subsection U.S.C. 254d(a)(3)(D)) shall be applied as if the ‘‘(E) REPORTING.—Each State that receives may be issued; and term ‘‘primary health services’’ includes funds under this paragraph, for each year ‘‘(ii) the procedure for obtaining a special health services regarding substance use dis- such funds are received, shall submit a re- registration under this subsection. order treatment and infections associated port to the Secretary, disaggregated by geo- ‘‘(B) PROCEDURE.—In promulgating final with illicit drug use; graphic location, economic status, and major regulations under subparagraph (A), the At- (3) section 331(a)(3)(E)(i) of such Act (42 racial and ethnic groups, except that such torney General shall— U.S.C. 254d(a)(3)(E)(i)) shall be applied as if disaggregation shall not be required if the ‘‘(i) issue a notice of proposed rulemaking the term ‘‘behavioral and mental health pro- results would reveal personally identifiable that includes a copy of the proposed regula- fessionals’’ includes master’s level, licensed information on, with respect to infants iden- tions; substance use disorder treatment counselors, tified under section 106(b)(2)(B)(ii)— ‘‘(ii) provide a period of not less than 60 and other relevant professionals or para- ‘‘(i) the number who experienced removal days for comments on the proposed regula- professionals, as the Secretary determines associated with parental substance use; tions; appropriate; and ‘‘(ii) the number who experienced removal ‘‘(iii) finalize the proposed regulation not (4) such professionals and facilities shall and subsequently are reunified with parents, later than 6 months after the close of the provide— and the length of time between such removal comment period; and (A) directly, or through the use of tele- and reunification; ‘‘(iv) publish the final regulations not later health technology, and pursuant to Federal ‘‘(iii) the number who are referred to com- than 30 days before the effective date of the and State law, counseling by a program munity providers without a child protection final regulations.’’. counselor or other certified professional who case; SEC. 1416. NATIONAL HEALTH SERVICE CORPS is licensed and qualified by education, train- ‘‘(iv) the number who receive services BEHAVIORAL AND MENTAL HEALTH ing, or experience to assess the psychological while in the care of their birth parents; PROFESSIONALS PROVIDING OBLI- and sociological background of patients, to ‘‘(v) the number who receive post-reunifi- GATED SERVICE IN SCHOOLS AND OTHER COMMUNITY-BASED SET- contribute to the appropriate treatment plan cation services within 1 year after a reunifi- TINGS. for the patient, and to monitor progress; and cation has occurred; and Subpart III of part D of title III of the Pub- (B) medication-assisted treatment, includ- ‘‘(vi) the number who experienced a return lic Health Service Act (42 U.S.C. 254l et seq.) ing, to the extent practicable, all drugs ap- to out-of-home care within 1 year after re- is amended by adding at the end the fol- proved by the Food and Drug Administration unification. lowing: to treat substance use disorders, pursuant to ‘‘(F) SECRETARY’S REPORT TO CONGRESS.— Federal and State law. ‘‘SEC. 338N. BEHAVIORAL AND MENTAL HEALTH The Secretary shall submit an annual report PROFESSIONALS PROVIDING OBLI- (c) AUTHORIZATION OF APPROPRIATIONS.— to the Committee on Health, Education, GATED SERVICE IN SCHOOLS AND There is authorized to be appropriated to Labor, and Pensions and the Committee on OTHER COMMUNITY-BASED SET- carry out this section $25,000,000 for each of Appropriations of the Senate and the Com- TINGS. fiscal years 2019 through 2023. mittee on Education and the Workforce and ‘‘(a) SCHOOLS AND COMMUNITY-BASED SET- SEC. 1418. PROTECTING MOMS AND INFANTS. the Committee on Appropriations of the TINGS.—An entity to which a participant in (a) REPORT.—

VerDate Sep 11 2014 03:05 Sep 07, 2018 Jkt 079060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\A06SE6.032 S06SEPT1 lotter on DSKBCFDHB2PROD with SENATE S6078 CONGRESSIONAL RECORD — SENATE September 6, 2018

(1) IN GENERAL.—Not later than 60 days (2) in subsection (b)(1)— (C) in paragraph (2)— after the date of enactment of this Act, the (A) by inserting ‘‘complaints received and (i) by inserting ‘‘Federal, State, and local’’ Secretary shall submit to the appropriate number of’’ before ‘‘closed’’; and after ‘‘applicable’’; and committees of Congress and make available (B) by inserting before the period ‘‘, and, (ii) by striking ‘‘the degree to which’’ and to the public on the internet website of the for each such investigation closed, which all that follows through ‘‘effective pain Department of Health and Human Services a agency conducted the investigation, whether care’’ and inserting ‘‘opioids’’; report regarding the implementation of the the health plan that is the subject of the in- (D) in paragraph (3), by inserting ‘‘, inte- recommendations in the strategy relating to vestigation is fully insured or not fully in- grated, evidence-based pain management, prenatal opioid use, including neonatal ab- sured and a summary of any coordination be- and, as appropriate, non-pharmacotherapy’’ stinence syndrome, developed pursuant to tween the applicable State regulators and before the semicolon; section 2 of the Protecting Our Infants Act the Department of Labor, the Department of (E) in paragraph (4), by striking ‘‘; and’’ of 2015 (Public Law 114–91). Such report shall Health and Human Services, or the Depart- and inserting ‘‘;’’; and include— ment of the Treasury, and references to any (F) by striking paragraph (5) and inserting (A) an update on the implementation of guidance provided by the agencies addressing the following: the recommendations in the strategy, in- the category of violation committed’’. ‘‘(5) recent findings, developments, and ad- cluding information regarding the agencies (b) APPLICABILITY.—The amendments made vancements in pain care research and the involved in the implementation; and by subsection (a) shall apply with respect to provision of pain care, which may include (B) information on additional funding or the second annual report required under such non-addictive medical products and non- authority the Secretary requires, if any, to section 13003 and each such annual report pharmacologic treatments intended to treat implement the strategy, which may include thereafter. pain; and authorities needed to coordinate implemen- Subtitle E—Prevention ‘‘(6) the dangers of opioid abuse and mis- tation of such strategy across the Depart- use, detection of early warning signs of ment of Health and Human Services. SEC. 1501. STUDY ON PRESCRIBING LIMITS. Not later than 2 years after the date of en- opioid use disorders (which may include best (2) PERIODIC UPDATES.—The Secretary shall actment of this Act, the Secretary, in con- practices related to screening for opioid use periodically update the report under para- disorders, training on screening, brief inter- graph (1). sultation with the Attorney General, shall submit to the Committee on Health, Edu- vention, and referral to treatment), and safe (b) RESIDENTIAL TREATMENT PROGRAMS FOR disposal options for prescription medications PREGNANT AND POSTPARTUM WOMEN.—Sec- cation, Labor, and Pensions of the Senate (including such options provided by law en- tion 508(s) of the Public Health Service Act and the Committee on Energy and Commerce forcement or other innovative deactivation (42 U.S.C. 290bb–1(s)) is amended by striking of the House of Representatives a report on mechanisms).’’; ‘‘$16,900,000 for each of fiscal years 2017 the impact of Federal and State laws and (3) in subsection (d), by inserting ‘‘preven- through 2021’’ and inserting ‘‘$29,931,000 for regulations that limit the length, quantity, each of fiscal years 2019 through 2023’’. or dosage of opioid prescriptions. Such re- tion,’’ after ‘‘diagnosis,’’; and (4) in subsection (e), by striking ‘‘2010 SEC. 1419. EARLY INTERVENTIONS FOR PREG- port shall address— NANT WOMEN AND INFANTS. (1) the impact of such limits on— through 2012’’ and inserting ‘‘2019 through (a) DEVELOPMENT OF EDUCATIONAL MATE- (A) the incidence and prevalence of over- 2023’’. RIALS BY CENTER FOR SUBSTANCE ABUSE PRE- dose related to prescription opioids; (b) MENTAL AND BEHAVIORAL HEALTH EDU- VENTION.—Section 515(b) of the Public Health (B) the incidence and prevalence of over- CATION AND TRAINING PROGRAM.—Section Service Act (42 U.S.C. 290bb–21(b)) is amend- dose related to illicit opioids; 756(a) of the Public Health Service Act (42 ed— (C) the prevalence of opioid use disorders; U.S.C. 294e–1(a)) is amended— (1) in paragraph (13), by striking ‘‘and’’ at (D) medically appropriate use of, and ac- (1) in paragraph (1), by inserting ‘‘, trau- the end; cess to, opioids, including any impact on ma,’’ after ‘‘focus on child and adolescent (2) in paragraph (14), by striking the period travel expenses and pain management out- mental health’’; and at the end and inserting ‘‘; and’’; and comes for patients, whether such limits are (2) in paragraphs (2) and (3), by inserting (3) by adding at the end the following: associated with significantly higher rates of ‘‘trauma-informed care and’’ before ‘‘sub- ‘‘(15) in cooperation with relevant stake- negative health outcomes, including suicide, stance use disorder prevention and treat- holders and the Director of the Centers for and whether the impact of such limits differs ment services’’. Disease Control and Prevention, develop edu- based on the clinical indication for which SEC. 1503. EDUCATION AND AWARENESS CAM- cational materials for clinicians to use with opioids are prescribed; PAIGNS. pregnant women for shared decisionmaking (2) whether such limits lead to a signifi- Section 102 of the Comprehensive Addic- regarding pain management during preg- cant increase in burden for prescribers of tion and Recovery Act of 2016 (Public Law nancy.’’. opioids or prescribers of treatments for 114–198) is amended— (b) GUIDELINES AND RECOMMENDATIONS BY opioid use disorder, including any impact on (1) by amending subsection (a) to read as CENTER FOR SUBSTANCE ABUSE TREATMENT.— patient access to treatment, and whether follows: Section 507(b) of the Public Health Service any such burden is mitigated by any factors ‘‘(a) IN GENERAL.—The Secretary of Health Act (42 U.S.C. 290bb(b)) is amended— such as electronic prescribing or telemedi- and Human Services, acting through the Di- (1) in paragraph (13), by striking ‘‘and’’ at cine; and rector of the Centers for Disease Control and the end; (3) the impact of such limits on diversion Prevention and in coordination with the (2) in paragraph (14), by striking the period or misuse of any controlled substance in heads of other departments and agencies, at the end and inserting a semicolon; and schedule II, III, or IV of section 202(c) of the shall advance education and awareness re- (3) by adding at the end the following: Controlled Substances Act (21 U.S.C. 812(c)). garding the risks related to misuse and ‘‘(15) in cooperation with the Secretary, SEC. 1502. PROGRAMS FOR HEALTH CARE WORK- abuse of opioids, as appropriate, which may implement and disseminate, as appropriate, FORCE. include developing or improving existing the recommendations in the report entitled (a) PROGRAM FOR EDUCATION AND TRAINING programs, conducting activities, and award- ‘Protecting Our Infants Act: Final Strategy’ IN PAIN CARE.—Section 759 of the Public ing grants that advance the education and issued by the Department of Health and Health Service Act (42 U.S.C. 294i) is amend- awareness of— Human Services in 2017; and’’. ed— ‘‘(1) the public, including patients and con- (c) SUPPORT OF PARTNERSHIPS BY CENTER (1) in subsection (a), by striking ‘‘hospices, sumers; FOR SUBSTANCE ABUSE TREATMENT.—Section and other public and private entities’’ and ‘‘(2) patients, consumers, and other appro- 507(b) of the Public Health Service Act (42 U.S.C. 290bb(b)), as amended by subsection inserting ‘‘hospices, tribal health programs priate members of the public, regarding such (b), is further amended by adding at the end (as defined in section 4 of the Indian Health risks related to unused opioids and the dis- the following: Care Improvement Act), and other public and pensing options under section 309(f) of the ‘‘(16) in cooperation with relevant stake- nonprofit private entities’’; Controlled Substances Act, as applicable; holders, support public-private partnerships (2) in subsection (b)— ‘‘(3) providers, which may include— to assist with education about, and support (A) in the matter preceding paragraph (1), ‘‘(A) providing for continuing education on with respect to, substance use disorder for by striking ‘‘award may be made under sub- appropriate prescribing practices; pregnant women and health care providers section (a) only if the applicant for the ‘‘(B) education related to applicable State who treat pregnant women and babies.’’. award agrees that the program carried out or local prescriber limit laws, information with the award will include’’ and inserting on the use of non-addictive alternatives for SEC. 1420. REPORT ON INVESTIGATIONS REGARD- ING PARITY IN MENTAL HEALTH ‘‘entity receiving an award under this sec- pain management, and the use of overdose AND SUBSTANCE USE DISORDER tion shall develop a comprehensive edu- reversal drugs, as appropriate; BENEFITS. cation and training plan that includes’’; ‘‘(C) disseminating and improving the use (a) IN GENERAL.—Section 13003 of the 21st (B) in paragraph (1)— of evidence-based opioid prescribing guide- Century Cures Act (Public Law 114–255) is (i) by inserting ‘‘preventing,’’ after ‘‘diag- lines across relevant health care settings, as amended— nosing,’’; and appropriate, and updating guidelines as nec- (1) in subsection (a), by striking ‘‘with (ii) by inserting ‘‘non-addictive medical essary; findings of any serious violation regarding’’ products and non-pharmacologic treatments ‘‘(D) implementing strategies, such as best and inserting ‘‘concerning’’; and and’’ after ‘‘including’’; practices, to encourage and facilitate the use

VerDate Sep 11 2014 03:05 Sep 07, 2018 Jkt 079060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\A06SE6.032 S06SEPT1 lotter on DSKBCFDHB2PROD with SENATE September 6, 2018 CONGRESSIONAL RECORD — SENATE S6079 of prescriber guidelines, in accordance with of the Indian Self-Determination and Edu- ‘‘(1) to carry out innovative projects for State and local law; cation Assistance Act.’’. grantees to rapidly respond to controlled ‘‘(E) disseminating information to pro- SEC. 1505. PREVENTING OVERDOSES OF CON- substance misuse, abuse, and overdoses, in- viders about prescribing options for con- TROLLED SUBSTANCES. cluding changes in patterns of controlled trolled substances, including such options Part J of title III of the Public Health substance use; and under section 309(f) of the Controlled Sub- Service Act (42 U.S.C. 280b et seq.), as ‘‘(2) for any other evidence-based activity stances Act, as applicable; and amended by section 504, is further amended for preventing controlled substance misuse, ‘‘(F) disseminating information, as appro- by inserting after section 392A the following: abuse, and overdoses as the Director deter- priate, on the National Pain Strategy devel- ‘‘SEC. 392B. PREVENTING OVERDOSES OF CON- mines appropriate. oped by or in consultation with the Assistant TROLLED SUBSTANCES. ‘‘(c) RESEARCH.—The Director, in coordina- Secretary for Health; and ‘‘(a) PREVENTION ACTIVITIES.— tion with the Assistant Secretary for Mental ‘‘(4) other appropriate entities.’’; and ‘‘(1) IN GENERAL.—The Director of the Cen- Health and Substance Use and the National (2) in subsection (b)— ters for Disease Control and Prevention (re- Mental Health and Substance Use Policy (A) by striking ‘‘opioid abuse’’ each place ferred to in this section as the ‘Director’), Laboratory established under section 501A, such term appears and inserting ‘‘opioid mis- using the authority provided to the Director as appropriate and applicable, may conduct use and abuse’’; and under section 392, may— studies and evaluations to address substance (B) in paragraph (2), by striking ‘‘safe dis- ‘‘(A) to the extent practicable, carry out use disorders, including preventing sub- posal of prescription medications and other’’ and expand any prevention activity de- stance use disorders or other related topics and inserting ‘‘non-addictive treatment op- scribed in paragraph (2); the Director determines appropriate. tions, safe disposal options for prescription ‘‘(B) provide training and technical assist- ‘‘(d) PUBLIC AND PRESCRIBER EDUCATION.— medications, and other applicable’’. ance to States, localities, and Indian Tribes Pursuant to section 102 of the Comprehen- SEC. 1504. ENHANCED CONTROLLED SUBSTANCE to carry out any such activity; and sive Addiction and Recovery Act of 2016, the OVERDOSES DATA COLLECTION, ‘‘(C) award grants to States, localities, and Director may advance the education and ANALYSIS, AND DISSEMINATION. awareness of prescribers and the public re- Part J of title III of the Public Health Indian Tribes for the purpose of carrying out garding the risk of abuse and misuse of pre- Service Act is amended by inserting after any such activity. scription opioids. section 392 (42 U.S.C. 280b–1) the following: ‘‘(2) PREVENTION ACTIVITIES.—A prevention activity described in this paragraph is an ac- ‘‘(e) DEFINITIONS.—In this section— ‘‘SEC. 392A. ENHANCED CONTROLLED SUB- ‘‘(1) the term ‘controlled substance’ has STANCE OVERDOSES DATA COLLEC- tivity to improve the efficiency and use of a TION, ANALYSIS, AND DISSEMINA- new or currently operating prescription drug the meaning given that term in section 102 of TION. monitoring program, such as— the Controlled Substances Act; and ‘‘(a) IN GENERAL.—The Director of the Cen- ‘‘(A) encouraging all authorized users (as ‘‘(2) the term ‘Indian Tribe’ has the mean- ters for Disease Control and Prevention, specified by the State or other entity) to reg- ing given the term ‘Indian tribe’ in section 4 using the authority provided to the Director ister with and use the program; of the Indian Self-Determination and Edu- under section 392, may— ‘‘(B) enabling such users to access any data cation Assistance Act. ‘‘(1) to the extent practicable, carry out updates in as close to real-time as prac- ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— and expand any controlled substance over- ticable; For purposes of carrying out this section, dose data collection, analysis, and dissemi- ‘‘(C) providing for a mechanism for the pro- section 392A of this Act, and section 102 of nation activity described in subsection (b); gram to notify authorized users of any po- the Comprehensive Addiction and Recovery ‘‘(2) provide training and technical assist- tential misuse or abuse of controlled sub- Act of 2016, there is authorized to be appro- ance to States, localities, and Indian Tribes stances and any detection of inappropriate priated $486,000,000 for each of fiscal years for the purpose of carrying out any such ac- prescribing or dispensing practices relating 2019 through 2024.’’. tivity; and to such substances; SEC. 1506. CDC SURVEILLANCE AND DATA COL- ‘‘(3) award grants to States, localities, and ‘‘(D) encouraging the analysis of prescrip- LECTION FOR CHILD, YOUTH, AND Indian Tribes for the purpose of carrying out tion drug monitoring data for purposes of ADULT TRAUMA. any such activity. providing de-identified, aggregate reports (a) DATA COLLECTION.—The Director of the ‘‘(b) CONTROLLED SUBSTANCE OVERDOSE based on such analysis to State public health Centers for Disease Control and Prevention DATA COLLECTION AND ANALYSIS ACTIVI- agencies, State alcohol and drug agencies, (referred to in this section as the ‘‘Director’’) TIES.—A controlled substance overdose data State licensing boards, and other appropriate may, in cooperation with the States, collect collection, analysis, and dissemination ac- State agencies, as permitted under applica- and report data on adverse childhood experi- tivity described in this subsection is any of ences through the Behavioral Risk Factor the following activities: ble Federal and State law and the policies of the prescription drug monitoring program Surveillance System, the Youth Risk Behav- ‘‘(1) Improving the timeliness of reporting ior Surveillance System, and other relevant aggregate data to the public, including data and not containing any protected health in- formation, to prevent inappropriate pre- public health surveys or questionnaires. on fatal and nonfatal controlled substance (b) TIMING.—The collection of data under overdoses. scribing, drug diversion, or abuse and misuse of controlled substances, and to facilitate subsection (a) may occur in fiscal year 2019 ‘‘(2) Enhancing the comprehensiveness of and every 2 years thereafter. controlled substance overdose data by col- better coordination among agencies; ‘‘(E) enhancing interoperability between (c) DATA FROM RURAL AREAS.—The Direc- lecting information on such overdoses from tor shall encourage each State that partici- appropriate sources such as toxicology re- the program and any health information technology (including certified health infor- pates in collecting and reporting data under ports, autopsy reports, death scene inves- subsection (a) to collect and report data tigations, and emergency department serv- mation technology), including by inte- from tribal and rural areas within such ices. grating program data into such technology; State, in order to generate a statistically re- ‘‘(3) Modernizing the system for coding ‘‘(F) updating program capabilities to re- liable representation of such areas. causes of death related to controlled sub- spond to technological innovation for pur- (d) DATA FROM TRIBAL AREAS.—The Direc- stance overdoses to use an electronic-based poses of appropriately addressing the occur- tor may, in cooperation with Indian Tribes system. rence and evolution of controlled substance and pursuant to a written request from an ‘‘(4) Using data to help identify risk factors overdoses; Indian Tribe, provide technical assistance to associated with controlled substance ‘‘(G) developing or enhancing data ex- such Indian Tribe to collect and report data overdoses, including the delivery of certain change with other sources such as the Med- on adverse childhood experiences through health care services. icaid agency, the Medicare program, phar- ‘‘(5) Supporting entities involved in report- macy benefit managers, coroners’ reports, the Behavioral Risk Factor Surveillance ing information on controlled substance and workers’ compensation data; System, the Youth Risk Behavior Surveil- overdoses, such as coroners and medical ex- ‘‘(H) facilitating and encouraging data ex- lance System, or another relevant public aminers, to improve accurate testing and change between the program and the pre- health survey or questionnaire. standardized reporting of causes and contrib- scription drug monitoring programs of other (e) AUTHORIZATION OF APPROPRIATIONS.—To uting factors of such overdoses, and analysis States; carry out this section, there is authorized to of various opioid analogues to controlled ‘‘(I) enhancing data collection and quality, be appropriated such sums as may be nec- substance overdoses. including improving patient matching and essary for the period of fiscal years 2019 ‘‘(6) Working to enable and encourage the proactively monitoring data quality; and through 2021. access, exchange, and use of data regarding ‘‘(J) providing prescriber and dispenser SEC. 1507. REAUTHORIZATION OF NASPER. controlled substances overdoses among data practice tools, including prescriber practice Section 399O of the Public Health Service sources and entities. insight reports for practitioners to review Act (42 U.S.C. 280g–3) is amended— ‘‘(c) DEFINITIONS.—In this section— their prescribing patterns in comparison to (1) in subsection (a)— ‘‘(1) the term ‘controlled substance’ has such patters of other practitioners in the (A) in paragraph (1), in the matter pre- the meaning given that term in section 102 of specialty. ceding subparagraph (A), by striking ‘‘in the Controlled Substances Act; and ‘‘(b) ADDITIONAL GRANTS.—The Director consultation with the Administrator of the ‘‘(2) the term ‘Indian Tribe’ has the mean- may award grants to States, localities, and Substance Abuse and Mental Health Services ing given the term ‘Indian tribe’ in section 4 Indian Tribes— Administration and Director of the Centers

VerDate Sep 11 2014 03:05 Sep 07, 2018 Jkt 079060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\A06SE6.032 S06SEPT1 lotter on DSKBCFDHB2PROD with SENATE S6080 CONGRESSIONAL RECORD — SENATE September 6, 2018 for Disease Control and Prevention’’ and in- fidentiality of patient health information tion under the standards and regulations de- serting ‘‘in coordination with the Director of and records, and a health care provider, shall scribed in paragraph (1). the Centers for Disease Control and the identify or facilitate the development of best (b) REQUIREMENTS.—The model programs heads of other departments and agencies as practices regarding— and materials described in paragraphs (1) and appropriate’’; and (A) the circumstances under which infor- (2) of subsection (a) shall address cir- (B) by adding at the end the following: mation that a patient has provided to a cumstances under which disclosure of sub- ‘‘(4) STATES AND LOCAL GOVERNMENTS.— health care provider regarding such patient’s stance use disorder patient records is needed ‘‘(A) IN GENERAL.—In the case of a State history of opioid use disorder should, only at to— that does not have a prescription drug moni- the patient’s request, be prominently dis- (1) facilitate communication between sub- toring program, a county or other unit of played in the medical records (including stance use disorder treatment providers and local government within the State that has electronic health records) of such patient; other health care providers to promote and a prescription drug monitoring program (B) what constitutes the patient’s request provide the best possible integrated care; shall be treated as a State for purposes of for the purpose described in subparagraph (2) avoid inappropriate prescribing that this section, including for purposes of eligi- (A); and can lead to dangerous drug interactions, bility for grants under paragraph (1). (C) the process and methods by which the overdose, or relapse; and ‘‘(B) PLAN FOR INTEROPERABILITY.—For information should be so displayed. (3) notify and involve families and care- purposes of meeting the interoperability re- (2) DISSEMINATION.—The Secretary shall givers when individuals experience an over- quirements under subsection (c)(3), a county disseminate the best practices developed dose. or other unit of local government shall sub- under paragraph (1) to health care providers (c) PERIODIC UPDATES.—The Secretary mit a plan outlining the methods such coun- and State agencies. shall— ty or unit of local government will use to en- (b) REQUIREMENTS.—In identifying or fa- (1) periodically review and update the sure the capability of data sharing with cilitating the development of best practices model program and materials identified or other counties and units of local government under subsection (a), as applicable, the Sec- developed under subsection (a); and within the State and with other States, as retary, in consultation with appropriate (2) disseminate such updated programs and applicable.’’; stakeholders, shall consider the following: materials to the individuals described in sub- (2) in subsection (c)— (1) The potential for addiction relapse or section (a)(1). (A) in paragraph (1)(A)(iii)— overdose, including overdose death, when (d) INPUT OF CERTAIN ENTITIES.—In identi- (i) by inserting ‘‘as such standards become opioid medications are prescribed to a pa- fying, reviewing, or updating the model pro- available,’’ after ‘‘interoperability stand- tient recovering from opioid use disorder. grams and materials under this section, the ards,’’; and (2) The benefits of displaying information Secretary shall solicit the input of relevant (ii) by striking ‘‘generated or identified by about a patient’s opioid use disorder history stakeholders. (e) AUTHORIZATION OF APPROPRIATIONS.— the Secretary or his or her designee’’ and in- in a manner similar to other potentially le- There is authorized to be appropriated to serting ‘‘recognized by the Office of the Na- thal medical concerns, including drug aller- carry out this section, such sums as may be tional Coordinator for Health Information gies and contraindications. (3) The importance of prominently dis- necessary for each of fiscal years 2019 Technology’’; and through 2023. (B) in paragraph (3)(A), by inserting ‘‘in- playing information about a patient’s opioid use disorder when a physician or medical SEC. 1510. COMMUNICATION WITH FAMILIES cluding electronic health records,’’ after DURING EMERGENCIES. ‘‘technology systems,’’; professional is prescribing medication, in- cluding methods for avoiding alert fatigue in (a) PROMOTING AWARENESS OF AUTHORIZED (3) in subsection (d)(1), by striking ‘‘not DISCLOSURES DURING EMERGENCIES.—The providers. later than 1 week after the date of such dis- Secretary shall annually notify health care (4) The importance of a variety of appro- pensing’’ and inserting ‘‘in as close to real providers regarding permitted disclosures priate medical professionals, including phy- time as practicable’’; during emergencies, including overdoses, of sicians, nurses, and pharmacists, having ac- (4) in subsection (f)— certain health information to families and cess to information described in this section (A) in paragraph (1)(D), by striking ‘‘med- caregivers under Federal health care privacy when prescribing or dispensing opioid medi- icaid’’ and inserting ‘‘Medicaid’’; and laws and regulations. cation, consistent with Federal and State (B) in paragraph (2)— (b) USE OF MATERIAL.—For the purposes of (i) in subparagraph (A), by striking ‘‘and’’ laws and regulations. carrying out subsection (a), the Secretary at the end; (5) The importance of protecting patient may use material produced under section (ii) in subparagraph (B), by striking the pe- privacy, including the requirements related 1509 of this Act or under section 11004 of the riod and inserting a semicolon; and to consent for disclosure of substance use 21st Century Cures Act (42 U.S.C. 1320d–2 (iii) by adding at the end the following: disorder information under all applicable note). laws and regulations. ‘‘(C) may conduct analyses of controlled SEC. 1511. PRENATAL AND POSTNATAL HEALTH. (6) All applicable Federal and State laws substance program data for purposes of pro- Section 317L of the Public Health Service and regulations. viding appropriate State agencies with ag- Act (42 U.S.C. 247b–13) is amended— gregate reports based on such analyses in as SEC. 1509. DEVELOPMENT AND DISSEMINATION (1) in subsection (a)— OF MODEL TRAINING PROGRAMS close to real-time as practicable, regarding (A) by amending paragraph (1) to read as prescription patterns flagged as potentially FOR SUBSTANCE USE DISORDER PA- TIENT RECORDS. follows: presenting a risk of misuse, abuse, addiction, (a) INITIAL PROGRAMS AND MATERIALS.— ‘‘(1) to collect, analyze, and make available overdose, and other aggregate information, Not later than 1 year after the date of the data on prenatal smoking and alcohol and as appropriate and in compliance with appli- enactment of this Act, the Secretary, in con- substance abuse and misuse, including— cable Federal and State laws and provided sultation with appropriate experts, shall ‘‘(A) data on— that such reports shall not include protected identify the following model programs and ‘‘(i) the incidence, prevalence, and implica- health information; and materials (or if no such programs or mate- tions of such activities; and ‘‘(D) may access information about pre- rials exist, recognize private or public enti- ‘‘(ii) the incidence and prevalence of impli- scriptions, such as claims data, to ensure ties to develop and disseminate such pro- cations and outcomes, including neonatal ab- that such prescribing and dispensing history grams and materials): stinence syndrome and other maternal and is updated in as close to real-time as prac- (1) Model programs and materials for train- child health outcomes associated with such ticable, in compliance with applicable Fed- ing health care providers (including physi- activities; and eral and State laws and provided that such cians, emergency medical personnel, psychi- ‘‘(B) to inform such analysis, additional in- information shall not include protected atrists, psychologists, counselors, therapists, formation or data on family health history, health information.’’; nurse practitioners, physician assistants, be- medication exposures during pregnancy, de- (5) in subsection (i), by inserting ‘‘, in col- havioral health facilities and clinics, care mographic information, such as race, eth- laboration with the National Coordinator for managers, and hospitals, including individ- nicity, geographic location, and family his- Health Information Technology and the Di- uals such as general counsels or regulatory tory, and other relevant information, as ap- rector of the National Institute of Standards compliance staff who are responsible for es- propriate;’’; and Technology,’’ after ‘‘The Secretary’’; tablishing provider privacy policies) con- (B) in paragraph (2)— and cerning the permitted uses and disclosures, (i) by striking ‘‘prevention of’’ and insert- (6) in subsection (n), by striking ‘‘2021’’ and consistent with the standards and regula- ing ‘‘prevention and long-term outcomes as- inserting ‘‘2026’’. tions governing the privacy and security of sociated with’’; and SEC. 1508. JESSIE’S LAW. substance use disorder patient records pro- (ii) by striking ‘‘illegal drug use’’ and in- (a) BEST PRACTICES.— mulgated by the Secretary under section 543 serting ‘‘substance abuse and misuse’’; (1) IN GENERAL.—Not later than 1 year after of the Public Health Service Act (42 U.S.C. (C) in paragraph (3), by striking ‘‘and ces- the date of enactment of this Act, the Sec- 290dd–2) for the confidentiality of patient sation programs; and’’ and inserting ‘‘, treat- retary, in consultation with appropriate records. ment, and cessation programs;’’; stakeholders, including a patient with a his- (2) Model programs and materials for train- (D) in paragraph (4), by striking ‘‘illegal tory of opioid use disorder, an expert in elec- ing patients and their families regarding drug use.’’ and inserting ‘‘substance abuse tronic health records, an expert in the con- their rights to protect and obtain informa- and misuse; and’’; and

VerDate Sep 11 2014 03:05 Sep 07, 2018 Jkt 079060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\A06SE6.032 S06SEPT1 lotter on DSKBCFDHB2PROD with SENATE September 6, 2018 CONGRESSIONAL RECORD — SENATE S6081

(E) by adding at the end the following: (A) by striking ‘‘directly and’’ and insert- (2) DATE OF APPOINTMENTS.—The heads of ‘‘(5) to issue public reports on the analysis ing ‘‘directly or’’; and Federal departments and agencies shall ap- of data described in paragraph (1), including (B) by striking ‘‘hepatitis C,’’ and all that point the corresponding members of the task analysis of— follows through the period at the end and in- force not later than 6 months after the date ‘‘(A) long-term outcomes of children af- serting ‘‘infections described in subsection of enactment of this Act. fected by neonatal abstinence syndrome; (a)(1).’’; and (3) CHAIRPERSON.—The task force shall be ‘‘(B) health outcomes associated with pre- (4) in subsection (c), by striking ‘‘such chaired by the Assistant Secretary for Men- natal smoking, alcohol, and substance abuse sums as may be necessary for each of the fis- tal Health and Substance Use. and misuse; and cal years 2001 through 2005’’ and inserting (c) TASK FORCE DUTIES.—The task force ‘‘(C) relevant studies, evaluations, or infor- ‘‘$40,000,000 for each of fiscal years 2019 shall— mation the Secretary determines to be ap- through 2023’’. (1) solicit input from stakeholders, includ- propriate.’’; ing frontline service providers, educators, SEC. 1513. TASK FORCE TO DEVELOP BEST PRAC- mental health professionals, researchers, ex- (2) in subsection (b), by inserting ‘‘tribal TICES FOR TRAUMA-INFORMED entities,’’ after ‘‘local governments,’’; IDENTIFICATION, REFERRAL, AND perts in infant, child, and youth trauma, (3) by redesignating subsection (c) as sub- SUPPORT. child welfare professionals, and the public, in order to inform the activities under para- section (d); (a) ESTABLISHMENT.—There is established a (4) by inserting after subsection (b) the fol- task force, to be known as the Interagency graph (2); and lowing: Task Force on Trauma-Informed Care (in (2) identify, evaluate, make recommenda- OORDINATING ACTIVITIES.—To carry tions, and update such recommendations not ‘‘(c) C this section referred to as the ‘‘task force’’) out this section, the Secretary may— less than annually, to the general public, the that shall identify, evaluate, and make rec- ‘‘(1) provide technical and consultative as- Secretary of Education, the Secretary of ommendations regarding best practices with sistance to entities receiving grants under Health and Human Services, the Secretary of respect to children and youth, and their fam- subsection (b); Labor, the Secretary of the Interior, the At- ilies as appropriate, who have experienced or ‘‘(2) ensure a pathway for data sharing be- torney General, and other relevant cabinet are at risk of experiencing trauma. tween States, tribal entities, and the Centers Secretaries, and Congress regarding— for Disease Control and Prevention; (b) MEMBERSHIP.— (A) a set of evidence-based, evidence-in- ‘‘(3) ensure data collection under this sec- (1) COMPOSITION.—The task force shall be formed, and promising best practices with tion is consistent with applicable State, Fed- composed of the heads of the following Fed- respect to— eral, and Tribal privacy laws; and eral departments and agencies, or their des- (i) the identification of infants, children ‘‘(4) coordinate with the National Coordi- ignees: and youth, and their families as appropriate, nator for Health Information Technology, as (A) The Centers for Medicare & Medicaid who have experienced or are at risk of expe- appropriate, to assist States and Tribes in Services. riencing trauma; and implementing systems that use standards (B) The Substance Abuse and Mental (ii) the expeditious referral to and imple- recognized by such National Coordinator, as Health Services Administration. mentation of trauma-informed practices and such recognized standards are available, in (C) The Agency for Healthcare Research supports that prevent and mitigate the ef- order to facilitate interoperability between and Quality. fects of trauma; such systems and health information tech- (D) The Centers for Disease Control and (B) a national strategy on how the task nology systems, including certified health Prevention. force and member agencies will collaborate, information technology.’’; and (E) The Indian Health Service. prioritize options for, and implement a co- (5) in subsection (d), as so redesignated, by (F) The Department of Veterans Affairs. ordinated approach which may include data striking ‘‘2001 through 2005’’ and inserting (G) The National Institutes of Health. sharing and the awarding of grants that sup- ‘‘2019 through 2023’’. (H) The Food and Drug Administration. port infants, children, and youth, and their (I) The Health Resources and Services Ad- SEC. 1512. SURVEILLANCE AND EDUCATION RE- families as appropriate, who have experi- GARDING INFECTIONS ASSOCIATED ministration. enced or are at risk of experiencing trauma; WITH ILLICIT DRUG USE AND OTHER (J) The Department of Defense. and RISK FACTORS. (K) The Office of Minority Health. (C) existing Federal authorities at the De- Section 317N of the Public Health Service (L) The Administration for Children and partment of Education, Department of Act (42 U.S.C. 247b–15) is amended— Families. Health and Human Services, Department of (1) by amending the section heading to (M) The Office of the Assistant Secretary Justice, Department of Labor, Department read as follows: ‘‘SURVEILLANCE AND EDU- for Planning and Evaluation. of the Interior, and other relevant agencies, CATION REGARDING INFECTIONS ASSOCIATED (N) The Office for Civil Rights of the De- and specific Federal grant programs to dis- WITH ILLICIT DRUG USE AND OTHER RISK FAC- partment of Health and Human Services. seminate best practices on, provide training TORS’’; (O) The Office of Juvenile Justice and De- in, or deliver services through, trauma-in- (2) in subsection (a)— linquency Prevention of the Department of formed practices, and disseminate such in- (A) in the matter preceding paragraph (1), Justice. formation— by inserting ‘‘activities’’ before the colon; (P) The Office of Community Oriented Po- (i) in writing to relevant program offices at (B) in paragraph (1)— licing Services of the Department of Justice. such agencies to encourage grant applicants (i) by inserting ‘‘or maintaining’’ after (Q) The Office on Violence Against Women in writing to use such funds, where appro- ‘‘implementing’’; of the Department of Justice. priate, for trauma-informed practices; and (ii) by striking ‘‘hepatitis C virus infection (R) The National Center for Education (ii) to the general public through the inter- (in this section referred to as ‘HCV infec- Evaluation and Regional Assistance of the net website of the task force. tion’)’’ and inserting ‘‘infections commonly Department of Education. (d) BEST PRACTICES.—In identifying, evalu- associated with illicit drug use, which may (S) The National Center for Special Edu- ating, and recommending the set of best include viral hepatitis, human immuno- cation Research of the Institute of Edu- practices under subsection (c), the task force deficiency virus, and infective endo- cation Science. shall— carditis,’’; and (T) The Office of Elementary and Sec- (1) include guidelines for providing profes- (iii) by striking ‘‘such infection’’ and all ondary Education of the Department of Edu- sional development for front-line services that follows through the period at the end cation. providers, including school personnel, early and inserting ‘‘such infections, which may (U) The Office for Civil Rights of the De- childhood education program providers, pro- include the reporting of cases of such infec- partment of Education. viders from child- or youth-serving organiza- tions.’’; (V) The Office of Special Education and tions, housing and homeless providers, pri- (C) in paragraph (2), by striking ‘‘HCV in- Rehabilitative Services of the Department of mary and behavioral health care providers, fection’’ and all that follows through the pe- Education. child welfare and social services providers, riod at the end and inserting ‘‘infections as (W) The Bureau of Indian Affairs of the De- juvenile and family court personnel, health a result of illicit drug use, receiving blood partment of the Interior. care providers, individuals who are manda- transfusions prior to July 1992, or other risk (X) The Veterans Health Administration of tory reporters of child abuse or neglect, factors.’’; the Department of Veterans Affairs. trained nonclinical providers (including peer (D) in paragraphs (4) and (5), by striking (Y) The Office of Special Needs Assistance mentors and clergy), and first responders, ‘‘HCV infection’’ each place such term ap- Programs of the Department of Housing and in— pears and inserting ‘‘infections described in Urban Development. (A) understanding and identifying early paragraph (1)’’; and (Z) The Office of Head Start of the Admin- signs and risk factors of trauma in infants, (E) in paragraph (5), by striking ‘‘pediatri- istration for Children and Families. children, and youth, and their families as ap- cians and other primary care physicians, and (AA) The Children’s Bureau of the Admin- propriate, including through screening proc- obstetricians and gynecologists’’ and insert- istration for Children and Families. esses; ing ‘‘substance use disorder treatment pro- (BB) The Bureau of Indian Education of (B) providing practices to prevent and viders, pediatricians, other primary care pro- the Department of the Interior. mitigate the impact of trauma, including by viders, and obstetrician-gynecologists’’; (CC) Such other Federal agencies as the fostering safe and stable environments and (3) in subsection (b)— Secretaries determine to be appropriate. relationships; and

VerDate Sep 11 2014 03:05 Sep 07, 2018 Jkt 079060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A06SE6.032 S06SEPT1 lotter on DSKBCFDHB2PROD with SENATE S6082 CONGRESSIONAL RECORD — SENATE September 6, 2018

(C) developing and implementing policies, (h) AUTHORIZATION OF APPROPRIATIONS.—To (5) Engaging families and communities in procedures, or systems that— carry out this section, there is authorized to efforts to increase awareness of child and (i) are designed to quickly refer infants, be appropriated such sums as may be nec- youth trauma, which may include sharing children, youth, and their families as appro- essary for each of fiscal years 2019 through best practices with law enforcement regard- priate, who have experienced or are at risk of 2022. ing trauma-informed care and working with experiencing trauma to the appropriate trau- (i) SUNSET.—The task force shall on the mental health professionals to provide inter- ma-informed screening and support, includ- date that is 60 days after the submission of ventions, as well as longer term coordinated ing age-appropriate treatment, and to ensure the final report under subsection (f), but not care within the community for children and such infants, children, youth, and family later than September 30, 2022. youth who have experienced trauma and members receive such support; SEC. 1514. GRANTS TO IMPROVE TRAUMA SUP- their families. (ii) utilize and develop partnerships with PORT SERVICES AND MENTAL (6) To provide technical assistance to HEALTH CARE FOR CHILDREN AND early childhood education programs, local YOUTH IN EDUCATIONAL SETTINGS. school systems and mental health agencies. social services organizations, such as organi- (7) To evaluate the effectiveness of the pro- (a) GRANTS, CONTRACTS, AND COOPERATIVE zations serving youth, and clinical mental AGREEMENTS AUTHORIZED.—The Secretary, in gram carried out under this section in in- health or health care service providers with coordination with the Assistant Secretary creasing student access to evidence-based expertise in providing support services (in- for Mental Health and Substance Use, is au- trauma support services and mental health cluding age-appropriate trauma-informed thorized to award grants to, or enter into care. and evidence-based treatment) aimed at pre- contracts or cooperative agreements with, (d) APPLICATIONS.—To be eligible to receive venting or mitigating the effects of trauma; State educational agencies, local edu- a grant, contract, or cooperative agreement (iii) educate children and youth to— cational agencies, Head Start agencies (in- under this section, an entity described in (I) understand and identify the signs, ef- cluding Early Head Start agencies), State or subsection (a) shall submit an application to fects, or symptoms of trauma; and local agencies that administer public pre- the Secretary at such time, in such manner, (II) build the resilience and coping skills to school programs, Indian Tribes or their trib- and containing such information as the Sec- mitigate the effects of experiencing trauma; al educational agencies, a school operated by retary may reasonably require, which shall (iv) promote and support multi- the Bureau of Indian Education, a Regional include the following: generational practices that assist parents, Corporation (as defined in section 3 of the (1) A description of the innovative initia- foster parents, and kinship and other care- Alaska Native Claims Settlement Act (43 tives, activities, or programs to be funded givers in accessing resources related to, and U.S.C. 1602)), or a Native Hawaiian edu- under the grant, contract, or cooperative developing environments conducive to, the cational organization (as defined in section agreement, including how such program will prevention and mitigation of trauma; and 6207 of the Elementary and Secondary Edu- increase access to evidence-based trauma (v) collect and utilize data from cation Act of 1965 (20 U.S.C. 7517)), for the support services and mental health care for screenings, referrals, or the provision of purpose of increasing student access to evi- students, and, as applicable, the families of services and supports to evaluate and im- dence-based trauma support services and such students. prove processes for trauma-informed support mental health care by developing innovative (2) A description of how the program will and outcomes that are culturally sensitive, initiatives, activities, or programs to link provide linguistically appropriate and cul- linguistically appropriate, and specific to local school systems with local trauma-in- turally competent services. age ranges and sex, as applicable; and formed support and mental health systems, (3) A description of how the program will (2) recommend best practices that are de- including those under the Indian Health support students and the school in improving signed to avoid unwarranted custody loss or Service. the school climate in order to support an en- (b) DURATION.—With respect to a grant, criminal penalties for parents or guardians vironment conducive to learning. contract, or cooperative agreement awarded in connection with infants, children, and (4) An assurance that— or entered into under this section, the period youth who have experienced or are at risk of (A) persons providing services under the during which payments under such grant, experiencing trauma. contract or agreement are made to the re- grant, contract, or cooperative agreement (e) OPERATING PLAN.—Not later than 1 year are adequately trained to provide such serv- after the date of enactment of this Act, the cipient may not exceed 4 years. (c) USE OF FUNDS.—An entity that receives ices; and task force shall hold the first meeting. Not a grant, contract, or cooperative agreement (B) teachers, school leaders, administra- later than 2 years after such date of enact- under this section shall use amounts made tors, specialized instructional support per- ment, the task force shall submit to the Sec- available through such grant, contract, or sonnel, representatives of local Indian Tribes retary of Education, Secretary of Health and cooperative agreement for evidence-based ac- or tribal organizations as appropriate, other Human Services, Secretary of Labor, Sec- tivities, which shall include any of the fol- school personnel, and parents or guardians of retary of the Interior, the Attorney General, lowing: students participating in services under this and Congress an operating plan for carrying (1) Collaborative efforts between school- section will be engaged and involved in the out the activities of the task force described design and implementation of the services. in subsection (c)(2). Such operating plan based service systems and trauma-informed (5) A description of how the applicant will shall include— support and mental health service systems support and integrate existing school-based (1) a list of specific activities that the task to provide, develop, or improve prevention, services with the program in order to provide force plans to carry out for purposes of car- screening, referral, and treatment and sup- mental health services for students, as ap- rying out duties described in subsection port services to students, such as by pro- propriate. (c)(2), which may include public engagement; viding universal trauma screenings to iden- (e) INTERAGENCY AGREEMENTS.— (2) a plan for carrying out the activities tify students in need of specialized support. (1) DESIGNATION OF LEAD AGENCY.—A recipi- under subsection (c)(2); (2) To implement schoolwide multi-tiered ent of a grant, contract, or cooperative (3) a list of members of the task force and positive behavioral interventions and sup- agreement under this section shall designate other individuals who are not members of ports, or other trauma-informed models of a lead agency to direct the establishment of the task force that may be consulted to support. an interagency agreement among local edu- carry out such activities; (3) To provide professional development to cational agencies, agencies responsible for (4) an explanation of Federal agency in- teachers, teacher assistants, school leaders, early childhood education programs, juvenile volvement and coordination needed to carry specialized instructional support personnel, justice authorities, mental health agencies, out such activities, including any statutory and mental health professionals that— child welfare agencies, and other relevant or regulatory barriers to such coordination; (A) fosters safe and stable learning envi- entities in the State or Indian Tribe, in col- (5) a budget for carrying out such activi- ronments that prevent and mitigate the ef- laboration with local entities. ties; and fects of trauma, including through social and (2) CONTENTS.—The interagency agreement (6) other information that the task force emotional learning; shall ensure the provision of the services de- determines appropriate. (B) improves school capacity to identify, (f) FINAL REPORT.—Not later than 3 years refer, and provide services to students in scribed in subsection (c), specifying with re- after the date of the first meeting of the task need of trauma support or behavioral health spect to each agency, authority, or entity— force, the task force shall submit to the gen- services; or (A) the financial responsibility for the eral public, Secretary of Education, Sec- (C) reflects the best practices developed by services; retary of Health and Human Services, Sec- the Interagency Task Force on Trauma-In- (B) the conditions and terms of responsi- retary of Labor, Secretary of the Interior, formed Care established under section 513. bility for the services, including quality, ac- the Attorney General, and other relevant (4) To create or enhance services at a full- countability, and coordination of the serv- cabinet Secretaries, and Congress, a final re- service community school that focuses on ices; and port containing all of the findings and rec- trauma-informed supports, which may in- (C) the conditions and terms of reimburse- ommendations required under this section. clude establishing a school-site advisory ment among the agencies, authorities, or en- (g) DEFINITION.—In this section, the term team, managing, coordinating, or delivering tities that are parties to the interagency ‘‘early childhood education program’’ has pipeline services, hiring a full-time site coor- agreement, including procedures for dispute the meaning given such term in section 103 dinator, or other activities consistent with resolution. of the Higher Education Act of 1965 (20 U.S.C. section 4625 of the Elementary and Sec- (f) EVALUATION.—The Secretary shall re- 1003). ondary Education Act of 1965 (20 U.S.C. 7275). serve not to exceed 3 percent of the funds

VerDate Sep 11 2014 03:05 Sep 07, 2018 Jkt 079060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A06SE6.032 S06SEPT1 lotter on DSKBCFDHB2PROD with SENATE September 6, 2018 CONGRESSIONAL RECORD — SENATE S6083 made available under subsection (l) for each SEC. 1516. NATIONAL MILESTONES TO MEASURE tailed in the national milestones. Each such fiscal year to— SUCCESS IN CURTAILING THE update shall include the progress made in (1) conduct a rigorous, independent evalua- OPIOID CRISIS. the first year or since the previous report, as tion of the activities funded under this sec- (a) IN GENERAL.—Not later than 180 days applicable, in meeting each indicator or met- tion; and after the date of enactment of this Act, the ric in the national milestones. Secretary, in consultation with the Adminis- (2) disseminate and promote the utilization TITLE II—FINANCE of evidence-based practices regarding trauma trator of the Drug Enforcement Administra- SEC. 2001. SHORT TITLE. support services and mental health care. tion and the Director of the Office of Na- (g) DISTRIBUTION OF AWARDS.—The Sec- tional Drug Control Policy, shall develop or This title may be cited as the ‘‘Helping to retary shall ensure that grants, contracts, identify existing national indicators (re- End Addiction and Lessen Substance Use and cooperative agreements awarded or en- ferred to in this section as the ‘‘national Disorders Act of 2018’’ or the ‘‘HEAL Act of tered into under this section are equitably milestones’’) to measure success in cur- 2018’’. distributed among the geographical regions tailing the opioid crisis, with the goal of sig- Subtitle A—Medicare of the United States and among tribal, nificantly reversing the incidence and preva- SEC. 2101. MEDICARE OPIOID SAFETY EDU- urban, suburban, and rural populations. lence of opioid misuse and abuse, and opioid- CATION. (h) RULE OF CONSTRUCTION.—Nothing in related morbidity and mortality in the (a) IN GENERAL.—Section 1804 of the Social this section shall be construed— United States within 5 years of such date of Security Act (42 U.S.C. 1395b–2) is amended (1) to prohibit an entity involved with a enactment. by adding at the end the following new sub- program carried out under this section from (b) NATIONAL MILESTONES TO END THE section: reporting a crime that is committed by a OPIOID CRISIS.—The national milestones ‘‘(d) The notice provided under subsection student to appropriate authorities; or under subsection (a) shall include the fol- (a) shall include— (2) to prevent Federal, State, and tribal lowing: ‘‘(1) references to educational resources re- law enforcement and judicial authorities (1) Not fewer than 10 indicators or metrics garding opioid use and pain management; from exercising their responsibilities with to accurately and expediently measure ‘‘(2) a description of categories of alter- regard to the application of Federal, tribal, progress in meeting the goal described in native, non-opioid pain management treat- and State law to crimes committed by a stu- subsection (a), which shall, as appropriate, ments covered under this title; and dent. include, indicators or metrics related to— ‘‘(3) a suggestion for the beneficiary to (i) SUPPLEMENT, NOT SUPPLANT.—Any serv- (A) the number of fatal and non-fatal talk to a physician regarding opioid use and ices provided through programs carried out opioid overdoses; pain management.’’. under this section shall supplement, and not (B) the number of emergency room visits (b) EFFECTIVE DATE.—The amendment supplant, existing mental health services, in- related to opioid misuse and abuse; made by subsection (a) shall apply to notices cluding any special education and related (C) the number of individuals in sustained distributed prior to each Medicare open en- services provided under the Individuals with recovery from opioid use disorder; rollment period beginning after January 1, Disabilities Education Act (20 U.S.C. 1400 et (D) the number of infections associated 2019. seq.). with illicit drug use, such as HIV, viral hepa- (j) CONSULTATION WITH INDIAN TRIBES.—In SEC. 2102. EXPANDING THE USE OF TELEHEALTH titis, and infective endocarditis, and avail- carrying out subsection (a), the Secretary SERVICES FOR THE TREATMENT OF able capacity for treating such infections; OPIOID USE DISORDER AND OTHER shall, in a timely manner, meaningfully con- SUBSTANCE USE DISORDERS. sult, engage, and cooperate with Indian (E) the number of providers prescribing (a) IN GENERAL.—Section 1834(m) of the So- Tribes and their representatives to ensure medication assisted treatment for opioid use cial Security Act (42 U.S.C. 1395m(m)) is notice of eligibility. disorders, including in primary care settings, amended— (k) DEFINITIONS.—In this section: community health centers, jails, and prisons; (1) in paragraph (2)(B)— (1) ELEMENTARY OR SECONDARY SCHOOL.— (F) the number of individuals receiving The term ‘‘elementary or secondary school’’ treatment for opioid use disorder; and (A) in clause (i), in the matter preceding means a public elementary and secondary (G) additional indicators or metrics, as ap- subclause (I), by striking ‘‘clause (ii)’’ and school as such term is defined in section 8101 propriate, such as metrics pertaining to spe- inserting ‘‘clause (ii) and paragraph (6)(C)’’; of the Elementary and Secondary Education cific populations, including women and chil- and Act of 1965 (20 U.S.C. 7801). dren, American Indians and Alaskan Natives, (B) in clause (ii), in the heading, by strik- (2) EVIDENCE-BASED.—The term ‘‘evidence- individuals living in rural and non-urban ing ‘‘FOR HOME DIALYSIS THERAPY’’; based’’ has the meaning given such term in areas, and justice-involved populations, that (2) in paragraph (4)(C)— section 8101(21)(A)(i) of the Elementary and would further clarify the progress made in (A) in clause (i), by striking ‘‘paragraph Secondary Education Act of 1965 (20 U.S.C. addressing the opioid misuse and abuse cri- (6)’’ and inserting ‘‘paragraphs (5), (6), and 7801(21)(A)(i)). sis. (7)’’; and (3) NATIVE HAWAIIAN EDUCATIONAL ORGANI- (2) A reasonable goal, such as a percentage (B) in clause (ii)(X), by inserting ‘‘or tele- ZATION.—The term ‘‘Native Hawaiian edu- decrease or other specified metric, that sig- health services described in paragraph (7)’’ cational organization’’ has the meaning nifies progress in meeting the goal described before the period at the end; and given such term in section 6207 of the Ele- in subsection (a), and annual targets to help (3) by adding at the end the following new mentary and Secondary Education Act of achieve that goal. paragraph: 1965 (20 U.S.C. 7517). (c) CONSIDERATION OF OTHER SUBSTANCE ‘‘(7) TREATMENT OF SUBSTANCE USE DIS- (4) PIPELINE SERVICES.—The term ‘‘pipeline USE DISORDERS.—In developing the national ORDER SERVICES FURNISHED THROUGH TELE- services’’ has the meaning given such term milestones under subsection (b), the Sec- HEALTH.—The geographic requirements de- in section 4622 of the Elementary and Sec- retary shall, as appropriate, consider other scribed in paragraph (4)(C)(i) shall not apply ondary Education Act of 1965 (20 U.S.C. 7517). substance use disorders in addition to opioid with respect to telehealth services furnished (5) SCHOOL LEADER.—The term ‘‘school use disorder. on or after January 1, 2019, to an eligible leader’’ has the meaning given such term in (d) EXTENSION OF PERIOD.—If the Secretary telehealth individual with a substance use section 8101 of the Elementary and Sec- determines that the goal described in sub- disorder diagnosis for purposes of treatment ondary Education Act of 1965 (20 U.S.C. 7801). section (a) will not be achieved with respect of such disorder, as determined by the Sec- (6) SECRETARY.—The term ‘‘Secretary’’ to any indicator or metric established under retary, at an originating site described in means the Secretary of Education. subsection (b)(2) within 5 years of the date of paragraph (4)(C)(ii) (other than an origi- (7) SPECIALIZED INSTRUCTIONAL SUPPORT enactment of this Act, the Secretary may nating site described in subclause (IX) of PERSONNEL.—The term ‘‘specialized instruc- extend the timeline for meeting such goal such paragraph).’’. tional support personnel’’ has the meaning with respect to that indicator or metric. The (b) IMPLEMENTATION.—The Secretary of given such term in section 8101 of the Ele- Secretary shall include with any such exten- Health and Human Services (in this section mentary and Secondary Education Act of sion a rationale for why additional time is referred to as the ‘‘Secretary’’) may imple- 1965 (20 U.S.C. 7801). needed and information on whether signifi- ment the amendments made by this section (l) AUTHORIZATION OF APPROPRIATIONS.— cant changes are needed in order to achieve by interim final rule. There is authorized to be appropriated to such goal with respect to the indicator or (c) REPORT.—Not later than 5 years after carry out this section, such sums as may be metric. the date of the enactment of this Act, the necessary for each of fiscal years 2019 (e) ANNUAL STATUS UPDATE.—Not later Secretary shall submit to Congress a report through 2023. than one year after the enactment of this on the impact of the implementation of the SEC. 1515. NATIONAL CHILD TRAUMATIC STRESS Act, the Secretary shall make available on amendments made by this section with re- INITIATIVE. the internet website of the Department of spect to telehealth services under section Section 582(j) of the Public Health Service Health and Human Services, and submit to 1834(m) of the Social Security Act (42 U.S.C. Act (42 U.S.C. 290hh–1(j)) (relating to grants the Committee on Health, Education, Labor, 1395m(m)) on— to address the problems of persons who expe- and Pensions of the Senate and the Com- (1) the utilization of health care items and rience violence-related stress) is amended by mittee on Energy and Commerce of the services under title XVIII of such Act (42 striking ‘‘$46,887,000 for each of fiscal years House of Representatives, an update on the U.S.C. 1395 et seq.) related to substance use 2018 through 2022’’ and inserting ‘‘$53,887,000 progress, including expected progress in the disorders, including emergency department for each of fiscal years 2019 through 2023’’. subsequent year, in achieving the goals de- visits; and

VerDate Sep 11 2014 03:05 Sep 07, 2018 Jkt 079060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\A06SE6.032 S06SEPT1 lotter on DSKBCFDHB2PROD with SENATE S6084 CONGRESSIONAL RECORD — SENATE September 6, 2018 (2) health outcomes related to substance the Secretary, not to exceed one year, from eligible individual enrolled in a part D plan use disorders, such as opioid overdose deaths. the requirement to use electronic pre- (as defined in section 1860D–23(a)(5)) to the SEC. 2103. COMPREHENSIVE SCREENINGS FOR scribing due to demonstrated economic hard- PDP sponsor or Medicare Advantage organi- SENIORS. ship, technological limitations that are not zation offering such plan; and (a) INITIAL PREVENTIVE PHYSICAL EXAMINA- reasonably within the control of the practi- ‘‘(II) a response, in accordance with this TION.—Section 1861(ww) of the Social Secu- tioner, or other exceptional circumstance subparagraph, from such PDP sponsor or rity Act (42 U.S.C. 1395x(ww)) is amended— demonstrated by the practitioner; Medicare Advantage organization, respec- (1) in paragraph (1)— ‘‘(iv) a prescription issued by a practi- tively, to such professional. (A) by striking ‘‘paragraph (2) and’’ and in- tioner under circumstances in which, not- ‘‘(ii) ELECTRONIC TRANSMISSION.— serting ‘‘paragraph (2),’’; and withstanding the practitioner’s ability to ‘‘(I) EXCLUSIONS.—For purposes of this sub- (B) by inserting ‘‘and the furnishing of a submit a prescription electronically as re- paragraph, a facsimile, a proprietary payer review of any current opioid prescriptions quired by this subsection, such practitioner portal that does not meet standards specified (as defined in paragraph (4)),’’ after ‘‘upon reasonably determines that it would be im- by the Secretary, or an electronic form shall the agreement with the individual,’’; and practical for the individual involved to ob- not be treated as an electronic transmission (2) in paragraph (2)— tain substances prescribed by electronic pre- described in clause (i). (A) by redesignating subparagraph (N) as scription in a timely manner, and such delay ‘‘(II) STANDARDS.—In order to be treated, subparagraph (O); and would adversely impact the individual’s for purposes of this subparagraph, as an elec- (B) by inserting after subparagraph (M) the medical condition involved; tronic transmission described in clause (i), following new subparagraph: ‘‘(v) a prescription issued by a practitioner such transmission shall comply with tech- ‘‘(N) Screening for potential substance use prescribing a drug under a research protocol; nical standards adopted by the Secretary in disorders.’’; and ‘‘(vi) a prescription issued by a practi- consultation with the National Council for (3) by adding at the end the following new tioner for a drug for which the Food and Prescription Drug Programs, other standard paragraph: Drug Administration requires a prescription setting organizations determined appro- ‘‘(4) For purposes of paragraph (1), the to contain elements that are not able to be priate by the Secretary, and stakeholders in- term ‘a review of any current opioid pre- included in electronic prescribing such as, a cluding PDP sponsors, Medicare Advantage scriptions’ means, with respect to an indi- drug with risk evaluation and mitigation organizations, health care professionals, and vidual determined to have a current pre- strategies that include elements to assure health information technology software ven- scription for opioids— safe use; dors. ‘‘(A) a review of the potential risk factors ‘‘(vii) a prescription issued by a practi- ‘‘(III) APPLICATION.—Notwithstanding any to the individual for opioid use disorder; tioner— other provision of law, for purposes of this ‘‘(B) an evaluation of the individual’s se- ‘‘(I) for an individual who receives hospice subparagraph, the Secretary may require the verity of pain and current treatment plan; care under this title; and use of such standards adopted under sub- ‘‘(C) the provision of information on non- ‘‘(II) that is not covered under the hospice clause (II) in lieu of any other applicable opioid treatment options; and benefit under this title; and standards for an electronic transmission de- ‘‘(D) a referral to a pain management spe- ‘‘(viii) a prescription issued by a practi- scribed in clause (i) for a covered part D drug cialist, as appropriate.’’. tioner for an individual who is— for a part D eligible individual.’’. ‘‘(I) a resident of a nursing facility (as de- (b) ANNUAL WELLNESS VISIT.—Section SEC. 2106. STRENGTHENING PARTNERSHIPS TO fined in section 1919(a)); and 1861(hhh)(2) of the Social Security Act (42 PREVENT OPIOID ABUSE. ‘‘(II) dually eligible for benefits under this U.S.C. 1395x(hhh)(2)) is amended— (a) IN GENERAL.—Section 1859 of the Social title and title XIX. (1) by redesignating subparagraph (G) as Security Act (42 U.S.C. 1395w–28) is amended ‘‘(C) DISPENSING.—(i) Nothing in this para- subparagraph (I); and by adding at the end the following new sub- graph shall be construed as requiring a spon- (2) by inserting after subparagraph (F) the section: sor of a prescription drug plan under this following new subparagraphs: ‘‘(i) PROGRAM INTEGRITY TRANSPARENCY part, MA organization offering an MA–PD ‘‘(G) Screening for potential substance use MEASURES.— plan under part C, or a pharmacist to verify disorders and referral for treatment as ap- ‘‘(1) PROGRAM INTEGRITY PORTAL.— that a practitioner, with respect to a pre- propriate. ‘‘(A) IN GENERAL.—Not later than 2 years scription for a covered part D drug, has a ‘‘(H) The furnishing of a review of any cur- after the date of the enactment of this sub- waiver (or is otherwise exempt) under sub- rent opioid prescriptions (as defined in sub- section, the Secretary shall, after consulta- paragraph (B) from the requirement under section (ww)(4)).’’. tion with stakeholders, establish a secure subparagraph (A). (c) EFFECTIVE DATE.—The amendments Internet website portal that would allow a ‘‘(ii) Nothing in this paragraph shall be made by this section shall apply to examina- secure path for communication between the construed as affecting the ability of the plan tions and visits furnished on or after Janu- Secretary, MA plans under this part, pre- to cover or the pharmacists’ ability to con- ary 1, 2019. scription drug plans under part D, and an eli- tinue to dispense covered part D drugs from gible entity with a contract under section SEC. 2104. EVERY PRESCRIPTION CONVEYED SE- otherwise valid written, oral or fax prescrip- CURELY. 1893 (such as a Medicare drug integrity con- tions that are consistent with laws and regu- (a) IN GENERAL.—Section 1860D–4(e) of the tractor or any successor entity to a Medicare lations. Social Security Act (42 U.S.C. 1395w–104(e)) is drug integrity contractor), in accordance ‘‘(iii) Nothing in this paragraph shall be amended by adding at the end the following: with subsection (j)(3) of such section, for the construed as affecting the ability of an indi- ‘‘(7) REQUIREMENT OF E-PRESCRIBING FOR purpose of enabling through such portal— vidual who is being prescribed a covered part CONTROLLED SUBSTANCES.— ‘‘(i) the referral by such plans of suspicious D drug to designate a particular pharmacy ‘‘(A) IN GENERAL.—Subject to subparagraph activities of a provider of services (including to dispense the covered part D drug to the (B), a prescription for a covered part D drug a prescriber) or supplier related to fraud, extent consistent with the requirements under a prescription drug plan (or under an waste, and abuse for initiating or assisting under subsection (b)(1) and under this para- MA–PD plan) for a schedule II, III, IV, or V investigations conducted by the eligible en- graph. controlled substance shall be transmitted by tity; and ‘‘(D) ENFORCEMENT.—The Secretary shall, a health care practitioner electronically in ‘‘(ii) data sharing among such MA plans, through rulemaking, have authority to en- accordance with an electronic prescription prescription drug plans, and the Secretary. force and specify appropriate penalties for drug program that meets the requirements ‘‘(B) REQUIRED USES OF PORTAL.—The Sec- non-compliance with the requirement under of paragraph (2). retary shall disseminate the following infor- subparagraph (A).’’. ‘‘(B) EXCEPTION FOR CERTAIN CIR- (b) EFFECTIVE DATE.—The amendment mation to MA plans under this part and pre- CUMSTANCES.—The Secretary shall, through made by subsection (a) shall apply to cov- scription drug plans under part D through rulemaking, specify circumstances and proc- erage of drugs prescribed on or after January the secure Internet website portal estab- esses by which the Secretary may waive the 1, 2021. lished under subparagraph (A): requirement under subparagraph (A), with SEC. 2105. STANDARDIZING ELECTRONIC PRIOR ‘‘(i) Providers of services and suppliers respect to a covered part D drug, including AUTHORIZATION FOR SAFE PRE- that have been referred pursuant to subpara- in the case of— SCRIBING. graph (A)(i) during the previous 12-month pe- ‘‘(i) a prescription issued when the practi- Section 1860D–4(e)(2) of the Social Security riod. tioner and dispensing pharmacy are the same Act (42 U.S.C. 1395w–104(e)(2)) is amended by ‘‘(ii) Providers of services and suppliers entity; adding at the end the following new subpara- who are the subject of an active exclusion ‘‘(ii) a prescription issued that cannot be graph: under section 1128 or who are subject to a transmitted electronically under the most ‘‘(E) ELECTRONIC PRIOR AUTHORIZATION.— suspension of payment under this title pur- recently implemented version of the Na- ‘‘(i) IN GENERAL.—Not later than January 1, suant to section 1862(o) or otherwise. tional Council for Prescription Drug Pro- 2021, the program shall provide for the secure ‘‘(iii) Providers of services and suppliers grams SCRIPT Standard; electronic transmittal of— who are the subject of an active revocation ‘‘(iii) a prescription issued by a practi- ‘‘(I) a prior authorization request from the of participation under this title, including tioner who received a waiver or a renewal prescribing health care professional for cov- for not satisfying conditions of participa- thereof for a period of time as determined by erage of a covered part D drug for a part D tion.

VerDate Sep 11 2014 03:05 Sep 07, 2018 Jkt 079060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A06SE6.032 S06SEPT1 lotter on DSKBCFDHB2PROD with SENATE September 6, 2018 CONGRESSIONAL RECORD — SENATE S6085

‘‘(iv) In the case of such a plan that makes parency measures applied with respect to ‘‘(II) EXPANSION TO OTHER PRESCRIPTIONS.— a referral under subparagraph (A)(i) through prescription drug plan and MA plans, see sec- The Secretary may expand notifications the portal with respect to suspicious activi- tion 1859(i).’’. under this subparagraph to include identi- ties of a provider of services (including a pre- SEC. 2107. COMMIT TO OPIOID MEDICAL PRE- fications and notifications with respect to scriber) or supplier, if such provider (or pre- SCRIBER ACCOUNTABILITY AND concurrent prescriptions of covered Part D scriber) or supplier has been the subject of SAFETY FOR SENIORS. drugs used in combination with opioids that an administrative action under this title or Section 1860D–4(c)(4) of the Social Security are considered to have adverse side effects title XI with respect to similar activities, a Act (42 U.S.C. 1395w–104(c)(4)) is amended by when so used in such combination, as deter- notification to such plan of such action so adding at the end the following new subpara- mined by the Secretary. taken. graph: ‘‘(v) ADDITIONAL REQUIREMENTS FOR PER- OTIFICATION AND ADDITIONAL RE ‘‘(C) RULEMAKING.—For purposes of this ‘‘(D) N - SISTENT STATISTICAL OUTLIER PRESCRIBERS.— paragraph, the Secretary shall, through rule- QUIREMENTS WITH RESPECT TO STATISTICAL In the case of a prescriber who the Secretary making, specify what constitutes suspicious OUTLIER PRESCRIBERS OF OPIOIDS.— determines is persistently identified under activities related to fraud, waste, and abuse, ‘‘(i) NOTIFICATION.—Not later than January clause (ii) as a statistical outlier prescriber using guidance such as what is provided in 1, 2021, the Secretary shall, in the case of a of opioids, the following shall apply: the Medicare Program Integrity Manual prescriber identified by the Secretary under ‘‘(I) The Secretary shall provide an oppor- 4.7.1. clause (ii) to be a statistical outlier pre- tunity for such prescriber to receive tech- scriber of opioids, provide, subject to clause ‘‘(2) QUARTERLY REPORTS.—Beginning not nical assistance or educational resources on (iv), an annual notification to such pre- later than 2 years after the date of the enact- opioid prescribing guidelines (such as the scriber that such prescriber has been so iden- ment of this subsection, the Secretary shall guidelines described in clause (iii)(II)) from tified that includes resources on proper pre- make available to MA plans under this part an entity that furnishes such assistance or scribing methods and other information as and prescription drug plans under part D in resources, which may include a quality im- specified in accordance with clause (iii). a timely manner (but no less frequently than provement organization under part B of title ‘‘(ii) IDENTIFICATION OF STATISTICAL quarterly) and using information submitted XI, as available and appropriate. OUTLIER PRESCRIBERS OF OPIOIDS.— to an entity described in paragraph (1) ‘‘(II) Such prescriber may be required to ‘‘(I) IN GENERAL.—The Secretary shall, sub- through the portal described in such para- enroll in the program under this title under graph or pursuant to section 1893, informa- ject to subclause (III), using the valid pre- scriber National Provider Identifiers in- section 1866(j) if such prescriber is not other- tion on fraud, waste, and abuse schemes and wise required to enroll. The Secretary shall trends in identifying suspicious activity. In- cluded pursuant to subparagraph (A) on claims for covered part D drugs for part D el- determine the length of the period for which formation included in each such report such prescriber is required to maintain such shall— igible individuals enrolled in prescription drug plans under this part or MA–PD plans enrollment. ‘‘(A) include administrative actions, perti- ‘‘(III) Not less frequently than annually nent information related to opioid overpre- under part C and based on the thresholds es- tablished under subclause (II), identify pre- (and in a form and manner determined ap- scribing, and other data determined appro- scribers that are statistical outlier opioids propriate by the Secretary), the Secretary priate by the Secretary in consultation with prescribers for a period of time specified by shall communicate information on such pre- stakeholders; and the Secretary. scribers to sponsors of a prescription drug ‘‘(B) be anonymized information submitted ‘‘(II) ESTABLISHMENT OF THRESHOLDS.—For plan and Medicare Advantage organizations by plans without identifying the source of purposes of subclause (I) and subject to sub- offering an MA–PD plan. such information. clause (III), the Secretary shall, after con- ‘‘(vi) PUBLIC AVAILABILITY OF INFORMA- ‘‘(3) CLARIFICATION.—Nothing in this sub- sultation with stakeholders, establish TION.—The Secretary shall make aggregate section shall preclude or otherwise affect re- thresholds, based on prescriber specialty information under this subparagraph avail- ferrals to the Inspector General of the De- and, as determined appropriate by the Sec- able on the Internet website of the Centers partment of Health and Human Services or retary, geographic area, for identifying for Medicare & Medicaid Services. Such in- other law enforcement entities.’’. whether a prescriber in a specialty and geo- formation shall be in a form and manner de- (b) CONTRACT REQUIREMENT TO COMMU- graphic area is a statistical outlier pre- termined appropriate by the Secretary and NICATE PLAN CORRECTIVE ACTIONS AGAINST scriber of opioids as compared to other pre- shall not identify any specific prescriber. In OPIOIDS OVER-PRESCRIBERS.—Section scribers of opioids within such specialty and carrying out this clause, the Secretary shall 1857(e)(4)(C) of the Social Security Act (42 consult with interested stakeholders. U.S.C. 1395w–27(e)(4)(C)) is amended by add- area. ‘‘(vii) OPIOIDS DEFINED.—For purposes of ing at the end the following new paragraph: ‘‘(III) EXCLUSIONS.—The following shall not be included in the analysis for identifying this subparagraph, the term ‘opioids’ has ‘‘(5) COMMUNICATING PLAN CORRECTIVE AC- such meaning as specified by the Secretary. TIONS AGAINST OPIOIDS OVER-PRESCRIBERS.— statistical outlier prescribers of opioids ‘‘(viii) OTHER ACTIVITIES.—Nothing in this ‘‘(A) IN GENERAL.—Beginning with plan under this clause: ‘‘(aa) Claims for covered part D drugs for subparagraph shall preclude the Secretary years beginning on or after January 1, 2021, from conducting activities that provide pre- a contract under this section with an MA or- part D eligible individuals who are receiving hospice care under this title. scribers with information as to how they ganization shall require the organization to compare to other prescribers that are in ad- submit to the Secretary, through the process ‘‘(bb) Claims for covered part D drugs for part D eligible individuals who are receiving dition to the activities under this subpara- established under subparagraph (B), informa- graph, including activities that were being tion on credible evidence of suspicious ac- oncology services under this title. ‘‘(cc) Prescribers who are the subject of an conducted as of the date of the enactment of tivities of a provider of services (including a this subparagraph.’’. prescriber) or supplier related to fraud and investigation by the Centers for Medicare & other actions taken by such plans related to Medicaid Services or the Inspector General SEC. 2108. FIGHTING THE OPIOID EPIDEMIC WITH inappropriate prescribing of opioids. of the Department of Health and Human SUNSHINE. ‘‘(B) PROCESS.—Not later than January 1, Services. (a) INCLUSION OF INFORMATION REGARDING 2021, the Secretary shall, in consultation ‘‘(iii) CONTENTS OF NOTIFICATION.—The Sec- PAYMENTS TO ADVANCE PRACTICE NURSES.— with stakeholders, establish a process under retary shall include the following informa- (1) IN GENERAL.—Section 1128G(e)(6) of the which MA plans and prescription drug plans tion in the notifications provided under Social Security Act (42 U.S.C. 1320a–7h(e)(6)) shall submit to the Secretary information clause (i): is amended— described in subparagraph (A). ‘‘(I) Information on how such prescriber (A) in subparagraph (A), by adding at the ‘‘(C) REGULATIONS.—For purposes of this compares to other prescribers within the end the following new clauses: paragraph, including as applied under sec- same specialty and, if determined appro- ‘‘(iii) A physician assistant, nurse practi- tion 1860D–12(b)(3)(D), the Secretary shall, priate by the Secretary, geographic area. tioner, or clinical nurse specialist (as such pursuant to rulemaking— ‘‘(II) Information on opioid prescribing terms are defined in section 1861(aa)(5)). ‘‘(i) specify a definition for the term ‘inap- guidelines, based on input from stakeholders, ‘‘(iv) A certified registered nurse anes- propriate prescribing of opioids’ and a meth- that may include the Centers for Disease thetist (as defined in section 1861(bb)(2)). od for determining if a provider of services Control and Prevention guidelines for pre- ‘‘(v) A certified nurse-midwife (as defined prescribes such a high volume; and scribing opioids for chronic pain and guide- in section 1861(gg)(2)).’’; and ‘‘(ii) establish the process described in sub- lines developed by physician organizations. (B) in subparagraph (B), by inserting ‘‘, paragraph (B) and the types of information ‘‘(III) Other information determined appro- physician assistant, nurse practitioner, clin- that may be submitted through such proc- priate by the Secretary. ical nurse specialist, certified nurse anes- ess.’’. ‘‘(iv) MODIFICATIONS AND EXPANSIONS.— thetist, or certified nurse-midwife’’ after (c) REFERENCE UNDER PART D TO PROGRAM ‘‘(I) FREQUENCY.—Beginning 5 years after ‘‘physician’’. INTEGRITY TRANSPARENCY MEASURES.—Sec- the date of the enactment of this subpara- (2) EFFECTIVE DATE.—The amendments tion 1860D–4 of the Social Security Act (42 graph, the Secretary may change the fre- made by this subsection shall apply with re- U.S.C. 1395w–104) is amended by adding at the quency of the notifications described in spect to information required to be sub- end the following new subsection: clause (i) based on stakeholder input and mitted under section 1128G of the Social Se- ‘‘(m) PROGRAM INTEGRITY TRANSPARENCY changes in opioid prescribing utilization and curity Act (42 U.S.C. 1320a–7h) on or after MEASURES.—For program integrity trans- trends. January 1, 2022.

VerDate Sep 11 2014 03:05 Sep 07, 2018 Jkt 079060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\A06SE6.032 S06SEPT1 lotter on DSKBCFDHB2PROD with SENATE S6086 CONGRESSIONAL RECORD — SENATE September 6, 2018

(b) SUNSET OF EXCLUSION OF NATIONAL PRO- by such treatment program to an individual ble individual who is not an exempted indi- VIDER IDENTIFIER OF COVERED RECIPIENT IN under part B during an episode of care (as de- vidual described in clause (ii) and who is INFORMATION MADE PUBLICLY AVAILABLE.— fined by the Secretary). identified under this clause as a part D eligi- Section 1128G(c)(1)(C)(viii) of the Social Se- ‘‘(B) CONSIDERATIONS.—The Secretary may ble individual with a history of opioid-re- curity Act (42 U.S.C. 1320a–7h(c)(1)(C)(viii))) implement this paragraph through one or lated overdose (as defined by the Secretary) is amended by striking ‘‘does not contain’’ more bundles based on the type of medica- shall be included as a potentially at-risk and inserting ‘‘in the case of information tion provided (such as buprenorphine, metha- beneficiary for prescription drug abuse under made available under this subparagraph done, naltrexone, or a new innovative drug), the drug management program under this prior to January 1, 2022, does not contain’’. the frequency of services furnished, the scope paragraph. (c) ADMINISTRATION.—Chapter 35 of title 44, of services furnished, characteristics of the ‘‘(II) IDENTIFICATION AND NOTICE.—For pur- United States Code, shall not apply to this individuals furnished such services, or other poses of this clause, the Secretary shall— section or the amendments made by this sec- factors as the Secretary determines appro- ‘‘(aa) identify part D eligible individuals tion. priate. In developing such bundles, the Sec- with a history of opioid-related overdose (as SEC. 2109. DEMONSTRATION TESTING COVERAGE retary may consider payment rates paid to so defined); and OF CERTAIN SERVICES FURNISHED opioid treatment programs for comparable ‘‘(bb) notify the PDP sponsor of the pre- BY OPIOID TREATMENT PROGRAMS. services under State plans under title XIX or scription drug plan in which such an indi- Title XVIII of the Social Security Act (42 under the TRICARE program under chapter vidual is enrolled of such identification.’’. U.S.C. 1395 et seq.) is amended by inserting 55 of title 10 of the United States Code. SEC. 2111. AUTOMATIC ESCALATION TO EXTER- after section 1866E the following: ‘‘(b) IMPLEMENTATION.— NAL REVIEW UNDER A MEDICARE ‘‘DEMONSTRATION TESTING COVERAGE OF CER- ‘‘(1) DURATION.—The demonstration shall PART D DRUG MANAGEMENT PRO- TAIN SERVICES FURNISHED BY OPIOID TREAT- be conducted for a period of 5 years, begin- GRAM FOR AT-RISK BENEFICIARIES. MENT PROGRAMS ning not later than January 1, 2021. (a) IN GENERAL.—Section 1860D–4(c)(5) of the Social Security Act (42 U.S.C. 1395ww– ‘‘SEC. 1866F. (a) ESTABLISHMENT.— ‘‘(2) SCOPE.—In carrying out the dem- 10(c)(5)) is amended— ‘‘(1) IN GENERAL.—The Secretary shall con- onstration, the Secretary shall limit the duct a demonstration (in this section re- number of beneficiaries that may participate (1) in subparagraph (B), in each of clauses ferred to as the ‘demonstration’) to test cov- at any one time in the demonstration to (ii)(III) and (iii)(IV), by striking ‘‘and the op- erage of and payment for opioid use disorder 2,000. tion of an automatic escalation to external treatment services (as defined in paragraph ‘‘(3) WAIVER.—The Secretary may waive review’’ and inserting ‘‘, including notice (2)(B)) furnished by opioid treatment pro- such provisions of this title and title XI as that if on reconsideration a PDP sponsor af- grams (as defined in paragraph (2)(A)) to in- the Secretary determines necessary in order firms its denial, in whole or in part, the case dividuals under part B using a bundled pay- to implement the demonstration. shall be automatically forwarded to the ment as described in paragraph (3). ‘‘(4) ADMINISTRATION.—Chapter 35 of title independent, outside entity contracted with the Secretary for review and resolution’’; ‘‘(2) DEFINITIONS.—In this section: 44, United States Code, shall not apply to and ‘‘(A) OPIOID TREATMENT PROGRAM.—The this section. ‘‘(c) EVALUATION AND REPORT.— term ‘opioid treatment program’ means an (2) in subparagraph (E), by striking ‘‘and ‘‘(1) EVALUATION.—The Secretary shall con- entity that is an opioid treatment program the option’’ and all that follows and insert- duct an evaluation of the demonstration. (as defined in section 8.2 of title 42 of the ing the following: ‘‘and if on reconsideration Such evaluation shall include analyses of— Code of Federal Regulations, or any suc- a PDP sponsor affirms its denial, in whole or ‘‘(A) the impact of the demonstration on— cessor regulation) that— in part, the case shall be automatically for- ‘‘(i) utilization of health care items and ‘‘(i) is selected for participation in the warded to the independent, outside entity services related to opioid use disorder, in- demonstration; contracted with the Secretary for review and cluding hospitalizations and emergency de- ‘‘(ii) has in effect a certification by the resolution.’’. partment visits; Substance Abuse and Mental Health Services (b) EFFECTIVE DATE.—The amendments ‘‘(ii) beneficiary health outcomes related Administration for such a program; made by subsection (a) shall apply beginning to opioid use disorder, including opioid over- ‘‘(iii) is accredited by an accrediting body not later January 1, 2021. dose deaths; and approved by the Substance Abuse and Mental SEC. 2112. TESTING OF INCENTIVE PAYMENTS ‘‘(iii) overall expenditures under this title; Health Services Administration; FOR BEHAVIORAL HEALTH PRO- and VIDERS FOR ADOPTION AND USE OF ‘‘(iv) submits to the Secretary data and in- ‘‘(B) the performance of opioid treatment CERTIFIED ELECTRONIC HEALTH formation needed to monitor the quality of programs participating in the demonstration RECORD TECHNOLOGY. services furnished and conduct the evalua- with respect to applicable quality and cost Section 1115A(b)(2)(B) of the Social Secu- tion described in subsection (c); and metrics, including whether any additional rity Act (42 U.S.C. 1315a(b)(2)(B)) is amended ‘‘(v) meets such additional requirements as quality measures related to opioid use dis- by adding at the end the following new the Secretary may find necessary. order treatment are needed with respect to clause: ‘‘(B) OPIOID USE DISORDER TREATMENT SERV- such programs under this title. ‘‘(xxv) Providing incentive payments to be- ICES.—The term ‘opioid use disorder treat- ‘‘(2) REPORT.—Not later than 2 years after havioral health providers for the adoption ment services’ means items and services that the completion of the demonstration, the and use of certified electronic health record are furnished by an opioid treatment pro- Secretary shall submit to Congress a report technology (as defined in section 1848(o)(4)) gram for the treatment of opioid use dis- containing the results of the evaluation con- to improve the quality and coordination of order, including— ducted under paragraph (1), together with care through the electronic documentation ‘‘(i) opioid agonist and antagonist treat- recommendations for such legislation and and exchange of health information. Behav- ment medications (including oral, injected, administrative action as the Secretary de- ioral health providers may include— or implanted versions) that are approved by termines appropriate. ‘‘(I) psychiatric hospitals (as defined in the Food and Drug Administration under ‘‘(d) FUNDING.—For purposes of admin- section 1861(f)); section 505 of the Federal Food, Drug and istering and carrying out the demonstration, ‘‘(II) community mental health centers (as Cosmetic Act for use in the treatment of in addition to funds otherwise appropriated, defined in section 1861(ff)(3)(B)); opioid use disorder; there shall be transferred to the Secretary ‘‘(III) clinical psychologists (as defined in ‘‘(ii) dispensing and administration of such for the Center for Medicare & Medicaid Serv- section 1861(ii)); medications, if applicable; ices Program Management Account from the ‘‘(IV) clinical social workers (as defined in ‘‘(iii) substance use counseling by a profes- Federal Supplementary Medical Insurance section 1861(hh)(1)); and sional to the extent authorized under State Trust Fund under section 1841 $5,000,000, to ‘‘(V) hospitals, treatment facilities, and law to furnish such services; remain available until expended.’’. mental health or substance use disorder pro- ‘‘(iv) individual and group therapy with a SEC. 2110. ENCOURAGING APPROPRIATE PRE- viders that participate in a State plan under physician or psychologist (or other mental SCRIBING UNDER MEDICARE FOR title XIX or a waiver of such plan.’’. health professional to the extent authorized VICTIMS OF OPIOID OVERDOSE. SEC. 2113. MEDICARE IMPROVEMENT FUND. under State law); Section 1860D–4(c)(5)(C) of the Social Secu- Section 1898(b)(1) of the Social Security ‘‘(v) toxicology testing; and rity Act (42 U.S.C. 1395w–104(c)(5)(C)) is Act (42 U.S.C. 1395iii(b)(1)) is amended by ‘‘(vi) other items and services that the Sec- amended— striking ‘‘fiscal year 2021, $0’’ and inserting retary determines are appropriate (but in no (1) in clause (i), in the matter preceding ‘‘fiscal year 2024, $65,000,000’’. case to include meals or transportation). subclause (I), by striking ‘‘For purposes’’ and ‘‘(3) BUNDLED PAYMENT UNDER PART B.— inserting ‘‘Except as provided in clause (v), Subtitle B—Medicaid ‘‘(A) IN GENERAL.—The Secretary shall pay, for purposes’’; and SEC. 2201. CARING RECOVERY FOR INFANTS AND from the Federal Supplementary Medical In- (2) by adding at the end the following new BABIES. surance Trust Fund under section 1841, to an clause: (a) STATE PLAN AMENDMENT.—Section opioid treatment program participating in ‘‘(v) TREATMENT OF ENROLLEES WITH A HIS- 1902(a) of the Social Security Act (42 U.S.C. the demonstration a bundled payment as de- TORY OF OPIOID-RELATED OVERDOSE.— 1396a(a)) is amended— termined by the Secretary for opioid use dis- ‘‘(I) IN GENERAL.—For plan years beginning (1) in paragraph (82), by striking ‘‘and’’ order treatment services that are furnished not later than January 1, 2021, a part D eligi- after the semicolon;

VerDate Sep 11 2014 03:05 Sep 07, 2018 Jkt 079060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\A06SE6.032 S06SEPT1 lotter on DSKBCFDHB2PROD with SENATE September 6, 2018 CONGRESSIONAL RECORD — SENATE S6087

(2) in paragraph (83), by striking the period (2) RECOMMENDATIONS.—The report re- analysis of State options for improving chil- at the end and inserting ‘‘; and’’; and quired under subsection (a) shall include rec- dren’s access to such services and treatment (3) by inserting after paragraph (83), the ommendations, including recommendations and for improving outcomes, including by in- following new paragraph: for such legislative and administrative ac- creasing the number of Medicaid providers ‘‘(84) provide, at the option of the State, tions related to improving services, includ- who offer services or treatment for substance for making medical assistance available on ing peer support services, and access to peer use disorders in a school-based health center an inpatient or outpatient basis at a residen- support services under Medicaid as the using telehealth services, particularly in tial pediatric recovery center (as defined in Comptroller General of the United States de- rural and underserved areas. The evaluation subsection (nn)) to infants with neonatal ab- termines appropriate. shall include an analysis of Medicaid pro- stinence syndrome.’’. SEC. 2203. MEDICAID SUBSTANCE USE DISORDER vider reimbursement rates for services and (b) RESIDENTIAL PEDIATRIC RECOVERY CEN- TREATMENT VIA TELEHEALTH. treatment for substance use disorders. TER DEFINED.—Section 1902 of such Act (42 (a) DEFINITIONS.—In this section: (2) REPORT.—Not later than 1 year after U.S.C. 1396a) is amended by adding at the end (1) COMPTROLLER GENERAL.—The term the date of enactment of this Act, the Comp- the following new subsection: ‘‘Comptroller General’’ means the Comp- troller General shall submit to Congress a ‘‘(nn) RESIDENTIAL PEDIATRIC RECOVERY troller General of the United States. report containing the results of the evalua- CENTER DEFINED.— (2) SCHOOL-BASED HEALTH CENTER.—The tion conducted under paragraph (1), together ‘‘(1) IN GENERAL.—For purposes of section term ‘‘school-based health center’’ has the with recommendations for such legislation 1902(a)(84), the term ‘residential pediatric re- meaning given that term in section 2110(c)(9) and administrative action as the Comp- covery center’ means a center or facility of the Social Security Act (42 U.S.C. troller General determines appropriate. that furnishes items and services for which 1397jj(c)(9)). (d) REPORT ON REDUCING BARRIERS TO medical assistance is available under the (3) SECRETARY.—The term ‘‘Secretary’’ USING TELEHEALTH SERVICES AND REMOTE State plan to infants with the diagnosis of means the Secretary of Health and Human PATIENT MONITORING FOR PEDIATRIC POPU- neonatal abstinence syndrome without any Services. LATIONS UNDER MEDICAID.— other significant medical risk factors. (4) TELEHEATH SERVICES.—The term ‘‘tele- (1) IN GENERAL.—Not later than 1 year after ‘‘(2) COUNSELING AND SERVICES.—A residen- health services’’ includes remote patient the date of enactment of this Act, the Sec- tial pediatric recovery center may offer monitoring and other key modalities such as retary, acting through the Administrator of counseling and other services to mothers live video or synchronous telehealth, store- the Centers for Medicare & Medicaid Serv- (and other appropriate family members and and-forward or asynchronous telehealth, mo- ices, shall issue a report to the Committee caretakers) of infants receiving treatment at bile health, telephonic consultation, and on Finance of the Senate and the Committee such centers if such services are otherwise electronic consult including provider-to-pro- on Energy and Commerce of the House of covered under the State plan under this title vider e-consults. Representative identifying best practices or under a waiver of such plan. Such other (5) UNDERSERVED AREA.—The term ‘‘under- and potential solutions for reducing barriers services may include the following: served area’’ means a health professional to using telehealth services to furnish serv- ‘‘(A) Counseling or referrals for services. shortage area (as defined in section ices and treatment for substance use dis- ‘‘(B) Activities to encourage caregiver-in- 332(a)(1)(A) of the Public Health Service Act orders among pediatric populations under fant bonding. (42 U.S.C. 254e(a)(1)(A))) and a medically un- Medicaid. The report shall include— ‘‘(C) Training on caring for such infants.’’. derserved area (according to a designation (A) analyses of the best practices, barriers, (c) EFFECTIVE DATE.—The amendments under section 330(b)(3)(A) of the Public and potential solutions for using telehealth made by this section take effect on the date Health Service Act (42 U.S.C. 254b(b)(3)(A))). services to diagnose and provide services and of enactment of this Act and shall apply to (b) GUIDANCE TO STATES REGARDING FED- treatment for children with substance use medical assistance furnished on or after that ERAL REIMBURSEMENT FOR FURNISHING SERV- disorders, including opioid use disorder; and date, without regard to final regulations to ICES AND TREATMENT FOR SUBSTANCE USE (B) identification and analysis of the dif- carry out such amendments being promul- DISORDERS UNDER MEDICAID USING TELE- ferences, if any, in furnishing services and gated as of such date. HEALTH SERVICES, INCLUDING IN SCHOOL- treatment for children with substance use BASED HEALTH CENTERS.—Not later than 1 SEC. 2202. PEER SUPPORT ENHANCEMENT AND disorders using telehealth services and using EVALUATION REVIEW. year after the date of enactment of this Act, services delivered in person, such as, and to (a) IN GENERAL.—Not later than 2 years the Secretary, acting through the Adminis- the extent feasible, with respect to— after the date of the enactment of this Act, trator of the Centers for Medicare & Med- (i) utilization rates; the Comptroller General of the United States icaid Services, shall issue guidance to States shall submit to the Committee on Energy on the following: (ii) costs; and Commerce of the House of Representa- (1) State options for Federal reimburse- (iii) avoidable inpatient admissions and re- tives, the Committee on Finance of the Sen- ment of expenditures under Medicaid for fur- admissions; ate, and the Committee on Health, Edu- nishing services and treatment for substance (iv) quality of care; and cation, Labor, and Pensions of the Senate a use disorders, including assessment, medica- (v) patient, family, and provider satisfac- report on the provision of peer support serv- tion-assisted treatment, counseling, and tion. ices under the Medicaid program. medication management, using telehealth (2) PUBLICATION.—The Secretary shall pub- (b) CONTENT OF REPORT.— services. Such guidance shall also include lish the report required under paragraph (1) (1) IN GENERAL.—The report required under guidance on furnishing services and treat- on a public Internet website of the Depart- subsection (a) shall include the following in- ments that address the needs of high risk in- ment of Health and Human Services. formation: dividuals, including at least the following SEC. 2204. ENHANCING PATIENT ACCESS TO NON- (A) Information on State coverage of peer groups: OPIOID TREATMENT OPTIONS. support services under Medicaid, including— (A) American Indians and Alaska Natives. Not later than January 1, 2019, the Sec- (i) the mechanisms through which States (B) Adults under the age of 40. retary of Health and Human Services, acting may provide such coverage, including (C) Individuals with a history of nonfatal through the Administrator of the Centers for through existing statutory authority or overdose. Medicare & Medicaid Services, shall issue 1 through waivers; (2) State options for Federal reimburse- or more final guidance documents, or update (ii) the populations to which States have ment of expenditures under Medicaid for existing guidance documents, to States re- provided such coverage; education directed to providers serving Med- garding mandatory and optional items and (iii) the payment models, including any al- icaid beneficiaries with substance use dis- services that may be provided under a State ternative payment models, used by States to orders using the hub and spoke model, plan under title XIX of the Social Security pay providers of such services; and through contracts with managed care enti- Act (42 U.S.C. 1396 et seq.), or under a waiver (iv) where available, information on Fed- ties, through administrative claiming for of such a plan, for non-opioid treatment and eral and State spending under Medicaid for disease management activities, and under management of pain, including, but not lim- peer support services. Delivery System Reform Incentive Payment ited to, evidence-based non-opioid pharma- (B) Information on selected State experi- (‘‘DSRIP’’) programs. cological therapies and non-pharmacological ences in providing medical assistance for (3) State options for Federal reimburse- therapies. peer support services under State Medicaid ment of expenditures under Medicaid for fur- SEC. 2205. ASSESSING BARRIERS TO OPIOID USE plans and whether States measure the effects nishing services and treatment for substance DISORDER TREATMENT. of providing such assistance with respect use disorders for individuals enrolled in Med- (a) STUDY.— to— icaid in a school-based health center using (1) IN GENERAL.—The Comptroller General (i) improving access to behavioral health telehealth services. of the United States (in this section referred services; (c) GAO EVALUATION OF CHILDREN’S ACCESS to as the ‘‘Comptroller General’’) shall con- (ii) improving early detection, and pre- TO SERVICES AND TREATMENT FOR SUBSTANCE duct a study regarding the barriers to pro- venting worsening, of behavioral health dis- USE DISORDERS UNDER MEDICAID.— viding medication used in the treatment of orders; (1) STUDY.—The Comptroller General shall substance use disorders under Medicaid dis- (iii) reducing chronic and comorbid condi- evaluate children’s access to services and tribution models such as the ‘‘buy-and-bill’’ tions; and treatment for substance use disorders under model, and options for State Medicaid pro- (iv) reducing overall health costs. Medicaid. The evaluation shall include an grams to remove or reduce such barriers.

VerDate Sep 11 2014 03:05 Sep 07, 2018 Jkt 079060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A06SE6.032 S06SEPT1 lotter on DSKBCFDHB2PROD with SENATE S6088 CONGRESSIONAL RECORD — SENATE September 6, 2018 The study shall include analyses of each of previous sentence, in the case of a State that (B) A list of the substance use disorder the following models of distribution of sub- has a 2-year legislative session, each year of treatment services by each major type of stance use disorder treatment medications, such session shall be deemed to be a separate service, such as counseling, medication as- particularly buprenorphine, naltrexone, and regular session of the State legislature. sisted treatment, peer support, residential buprenorphine-naloxone combinations: SEC. 2207. SECURING FLEXIBILITY TO TREAT treatment, and inpatient care, for which (A) The purchasing, storage, and adminis- SUBSTANCE USE DISORDERS. beneficiaries in each State received at least tration of substance use disorder treatment Section 1903(m) of the Social Security Act 1 service under the State Medicaid plan or a medications by providers. (42 U.S.C. 1396b(m)) is amended by adding at waiver of such plan. (B) The dispensing of substance use dis- the end the following new paragraph: (C) The number and percentage of individ- order treatment medications by phar- ‘‘(7) Payment shall be made under this uals with a substance use disorder diagnosis macists. title to a State for expenditures for capita- enrolled in the State Medicaid plan or waiv- (C) The ordering, prescribing, and obtain- tion payments described in section 438.6(e) of er of such plan who received substance use ing substance use disorder treatment medi- title 42, Code of Federal Regulations (or any disorder treatment services under such plan cations on demand from specialty phar- successor regulation).’’. or waiver by each major type of service macies by providers. SEC. 2208. MACPAC STUDY AND REPORT ON MAT under subparagraph (B) within each major (2) REQUIREMENTS.—For each model of dis- UTILIZATION CONTROLS UNDER setting type, such as outpatient, inpatient, tribution specified in paragraph (1), the STATE MEDICAID PROGRAMS. residential, and other home and community- (a) STUDY.—The Medicaid and CHIP Pay- Comptroller General shall evaluate how each based settings. ment and Access Commission shall conduct a model presents barriers or could be used by (D) The number of services provided under study and analysis of utilization control selected State Medicaid programs to reduce the State Medicaid plan or waiver of such policies applied to medication-assisted treat- the barriers related to the provision of sub- plan per individual with a substance use dis- ment for substance use disorders under State stance use disorder treatment by examining order diagnosis enrolled in such plan or Medicaid programs, including policies and what is known about the effects of the model waiver for each major type of service under procedures applied both in fee-for-service of distribution on— subparagraph (B). Medicaid and in risk-based managed care (A) Medicaid beneficiaries’ access to sub- (E) The number and percentage of individ- Medicaid, which shall— stance use disorder treatment medications; uals enrolled in the State Medicaid plan or (1) include an inventory of such utilization (B) the differential cost to the program be- waiver, by major enrollment category, who control policies and related protocols for en- tween each distribution model for medica- received substance use disorder treatment suring access to medically necessary treat- tion assisted treatment; and through— ment; (C) provider willingness to provide or pre- (i) a medicaid managed care entity (as de- (2) determine whether managed care utili- scribe substance use disorder treatment fined in section 1932(a)(1)(B) of the Social Se- zation control policies and procedures for medications. curity Act (42 U.S.C. 1396u–2(a)(1)(B))), in- medication assisted treatment for substance (b) REPORT.—Not later than 15 months cluding the number of such individuals who use disorders are consistent with section after the date of the enactment of this Act, received such assistance through a prepaid 438.210(a)(4)(ii) of title 42, Code of Federal the Comptroller General shall submit to inpatient health plan or a prepaid ambula- Regulations; and Congress a report containing the results of tory health plan; (3) identify policies that— the study conducted under subsection (a), to- (ii) a fee-for-service payment model; or (A) limit an individual’s access to medica- gether with recommendations for such legis- (iii) an alternative payment model, to the tion-assisted treatment for a substance use lation and administrative action as the extent available. disorder by limiting the quantity of medica- Comptroller General determines appropriate. (F) The number and percentage of individ- tion-assisted treatment prescriptions, or the uals with a substance use disorder who re- SEC. 2206. HELP FOR MOMS AND BABIES. number of refills for such prescriptions, ceive substance use disorder treatment serv- (a) MEDICAID STATE PLAN.—Section 1905(a) available to the individual as part of a prior ices in an outpatient or home and commu- of the Social Security Act (42 U.S.C. 1396d(a)) authorization process or similar utilization nity-based setting after receiving treatment is amended by adding at the end the fol- protocols; and in an inpatient or residential setting, and lowing new sentence: ‘‘In the case of a (B) apply without evaluating individual in- the number of services received by such indi- woman who is eligible for medical assistance stances of fraud, waste, or abuse. on the basis of being pregnant (including (b) REPORT.—Not later than 1 year after viduals in the outpatient or home and com- through the end of the month in which the the date of the enactment of this Act, the munity-based setting. 60-day period beginning on the last day of Medicaid and CHIP Payment and Access (3) ANNUAL UPDATES.—The Secretary shall her pregnancy ends), who is a patient in an Commission shall make publicly available a issue an updated version of the report re- institution for mental diseases for purposes report containing the results of the study quired under paragraph (1) not later than of receiving treatment for a substance use conducted under subsection (a). January 1 of each calendar year through disorder, and who was enrolled for medical SEC. 2209. OPIOID ADDICTION TREATMENT PRO- 2024. assistance under the State plan immediately GRAMS ENHANCEMENT. (4) USE OF T–MSIS DATA.—The report re- before becoming a patient in an institution (a) T–MSIS SUBSTANCE USE DISORDER DATA quired under paragraph (1) and updates re- for mental diseases or who becomes eligible BOOK.— quired under paragraph (3) shall— to enroll for such medical assistance while (1) IN GENERAL.—Not later than the date (A) use data and definitions from the such a patient, the exclusion from the defini- that is 12 months after the date of enact- Transformed Medicaid Statistical Informa- tion of ‘medical assistance’ set forth in the ment of this Act, the Secretary of Health tion System (‘‘T–MSIS’’) data set that is no subdivision (B) following paragraph (29) of and Human Services (in this section referred more than 12 months old on the date that the the first sentence of this subsection shall not to as the ‘‘Secretary’’) shall publish on the report or update is published; and be construed as prohibiting Federal financial public website of the Centers for Medicare & (B) as appropriate, include a description participation for medical assistance for Medicaid Services a report with comprehen- with respect to each State of the quality and items or services that are provided to the sive data on the prevalence of substance use completeness of the data and caveats de- woman outside of the institution.’’. disorders in the Medicaid beneficiary popu- scribing the limitations of the data reported (b) EFFECTIVE DATE.— lation and services provided for the treat- to the Secretary by the State that is suffi- (1) IN GENERAL.—Except as provided in ment of substance use disorders under Med- cient to communicate the appropriate uses paragraph (2), the amendment made by sub- icaid. for the information. section (a) shall take effect on the date of (2) CONTENT OF REPORT.—The report re- (b) MAKING T–MSIS DATA ON SUBSTANCE enactment of this Act. quired under paragraph (1) shall include, at a USE DISORDERS AVAILABLE TO RESEARCH- (2) RULE FOR CHANGES REQUIRING STATE minimum, the following data for each State ERS.— LEGISLATION.—In the case of a State plan (including, to the extent available, for the (1) IN GENERAL.—The Secretary shall pub- under title XIX of the Social Security Act District of Columbia, Puerto Rico, the Vir- lish in the Federal Register a system of which the Secretary of Health and Human gin Islands, Guam, the Northern Mariana Is- records notice for the data specified in para- Services determines requires State legisla- lands, and American Samoa): graph (2) for the Transformed Medicaid Sta- tion (other than legislation appropriating (A) The number and percentage of individ- tistical Information System, in accordance funds) in order for the plan to meet the addi- uals enrolled in the State Medicaid plan or with section 552a(e)(4) of title 5, United tional requirements imposed by the amend- waiver of such plan in each of the major en- States Code. The notice shall outline policies ment made by subsection (a), the State plan rollment categories (as defined in a public that protect the security and privacy of the shall not be regarded as failing to comply letter from the Medicaid and CHIP Payment data that, at a minimum, meet the security with the requirements of such title solely on and Access Commission to the Secretary) and privacy policies of SORN 09-70-0541 for the basis of its failure to meet these addi- who have been diagnosed with a substance the Medicaid Statistical Information Sys- tional requirements before the first day of use disorder and whether such individuals tem. the first calendar quarter beginning after the are enrolled under the State Medicaid plan (2) REQUIRED DATA.—The data covered by close of the first regular session of the State or a waiver of such plan, including the spe- the systems of records notice required under legislature that begins after the date of the cific waiver authority under which they are paragraph (1) shall be sufficient for research- enactment of this Act. For purposes of the enrolled, to the extent available. ers and States to analyze the prevalence of

VerDate Sep 11 2014 03:05 Sep 07, 2018 Jkt 079060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A06SE6.032 S06SEPT1 lotter on DSKBCFDHB2PROD with SENATE September 6, 2018 CONGRESSIONAL RECORD — SENATE S6089 substance use disorders in the Medicaid ben- oped under subparagraph (A), regarding the ports through a Medicaid waiver under sec- eficiary population and the treatment of sub- quality of behavioral health care for Med- tions 1115 or 1915 of the Social Security Act stance use disorders under Medicaid across icaid eligible adults.’’; (42 U.S.C. 1315, 1396n) or through a State all States (including the District of Colum- (B) in paragraph (5), by adding at the end Medicaid plan amendment, such as the As- bia, Puerto Rico, the Virgin Islands, Guam, the following new subparagraph: sistance in Community Integration Service the Northern Mariana Islands, and American ‘‘(C) BEHAVIORAL HEALTH MEASURES.—Be- pilot program, which promotes supportive Samoa), forms of treatment, and treatment ginning with respect to State reports re- housing and other housing-related supports settings. quired under subsection (d)(1) for 2024, the under Medicaid for individuals with sub- (3) INITIATION OF DATA-SHARING ACTIVI- core set of adult health quality measures stance use disorders and for which Maryland TIES.—Not later than January 1, 2019, the maintained under this paragraph (and any has a waiver approved under such section Secretary shall initiate the data-sharing ac- updates or changes to such measures) shall 1115 to conduct the program. tivities outlined in the notice required under include behavioral health measures.’’; and (5) Innovative strategies and partnerships paragraph (1). (2) in subsection (d)(1)(A)— developed and implemented by State Med- SEC. 2210. BETTER DATA SHARING TO COMBAT (A) by striking ‘‘the such plan’’ and insert- icaid programs or other entities to identify THE OPIOID CRISIS. ing ‘‘such plan’’; and and enroll eligible individuals with sub- (a) IN GENERAL.—Section 1903(m) of the So- (B) by striking ‘‘subsection (a)(5)’’ and in- stance use disorders who are experiencing or cial Security Act (42 U.S.C. 1396b(m)), as serting ‘‘subsection (b)(5) and, beginning at risk of experiencing homelessness in State amended by section 2207, is amended by add- with the report for 2024, all behavioral health Medicaid programs. ing at the end the following new paragraph: measures included in the core set of adult SEC. 2213. TECHNICAL ASSISTANCE AND SUP- ‘‘(8)(A) The State agency administering the health quality measures maintained under PORT FOR INNOVATIVE STATE State plan under this title may have reason- such subsection (b)(5) and any updates or STRATEGIES TO PROVIDE HOUSING- able access, as determined by the State, to 1 changes to such measures (as required under RELATED SUPPORTS UNDER MED- or more prescription drug monitoring pro- subsection (b)(3))’’. ICAID. gram databases administered or accessed by SEC. 2212. REPORT ON INNOVATIVE STATE INI- (a) IN GENERAL.—The Secretary of Health the State to the extent the State agency is TIATIVES AND STRATEGIES TO PRO- and Human Services shall provide technical permitted to access such databases under VIDE HOUSING-RELATED SERVICES assistance and support to States regarding State law. AND SUPPORTS TO INDIVIDUALS the development and expansion of innovative STRUGGLING WITH SUBSTANCE USE ‘‘(B) Such State agency may facilitate rea- State strategies (including through State DISORDERS UNDER MEDICAID. Medicaid demonstration projects) to provide sonable access, as determined by the State, (a) IN GENERAL.—Not later than 1 year to 1 or more prescription drug monitoring housing-related supports and services and after the date of enactment of this Act, the care coordination services under Medicaid to program databases administered or accessed Secretary of Health and Human Services by the State, to same extent that the State individuals with substance use disorders. shall issue a report to Congress describing (b) REPORT.—Not later than 180 days after agency is permitted under State law to ac- innovative State initiatives and strategies the date of enactment of this Act, the Sec- cess such databases, for— for providing housing-related services and retary shall issue a report to Congress de- ‘‘(i) any provider enrolled under the State supports under a State Medicaid program to tailing a plan of action to carry out the re- plan to provide services to Medicaid bene- individuals with substance use disorders who quirements of subsection (a). ficiaries; and are experiencing or at risk of experiencing Subtitle C—Human Services ‘‘(ii) any managed care entity (as defined homelessness. under section 1932(a)(1)(B)) that has a con- (b) CONTENT OF REPORT.—The report re- SEC. 2301. SUPPORTING FAMILY-FOCUSED RESI- tract with the State under this subsection or quired under subsection (a) shall describe the DENTIAL TREATMENT. under section 1905(t)(3). following: (a) DEFINITIONS.—In this section: ‘‘(C) Such State agency may share infor- (1) Existing methods and innovative strate- (1) FAMILY-FOCUSED RESIDENTIAL TREAT- mation in such databases, to the same extent gies developed and adopted by State Med- MENT PROGRAM.—The term ‘‘family-focused that the State agency is permitted under icaid programs that have achieved positive residential treatment program’’ means a State law to share information in such data- outcomes in increasing housing stability trauma-informed residential program pri- bases, with— among Medicaid beneficiaries with substance marily for substance use disorder treatment ‘‘(i) any provider enrolled under the State use disorders who are experiencing or at risk for pregnant and postpartum women and par- plan to provide services to Medicaid bene- of experiencing homelessness, including Med- ents and guardians that allows children to ficiaries; and icaid beneficiaries with substance use dis- reside with such women or their parents or ‘‘(ii) any managed care entity (as defined orders who are— guardians during treatment to the extent ap- under section 1932(a)(1)(B)) that has a con- (A) receiving treatment for substance use propriate and applicable. tract with the State under this subsection or disorders in inpatient, residential, out- (2) MEDICAID PROGRAM.—The term ‘‘Med- under section 1905(t)(3).’’. patient, or home and community-based set- icaid program’’ means the program estab- (b) SECURITY AND PRIVACY.—All applicable tings; lished under title XIX of the Social Security State and Federal security and privacy pro- (B) transitioning between substance use Act (42 U.S.C. 1396 et seq.). tections and laws shall apply to any State disorder treatment settings; or (3) SECRETARY.—The term ‘‘Secretary’’ agency, individual, or entity accessing 1 or (C) living in supportive housing or another means the Secretary of Health and Human more prescription drug monitoring program model of affordable housing. Services. databases or obtaining information in such (2) Strategies employed by Medicaid man- (4) TITLE IV–E PROGRAM.—The term ‘‘title databases in accordance with section aged care organizations, primary care case IV–E program’’ means the program for foster 1903(m)(8) of the Social Security Act (42 managers, hospitals, accountable care orga- care, prevention, and permanency estab- U.S.C. 1396b(m)(8)) (as added by subsection nizations, and other care coordination pro- lished under part E of title IV of the Social (a)). viders to deliver housing-related services and Security Act (42 U.S.C. 670 et seq.). (c) EFFECTIVE DATE.—The amendment supports and to coordinate services provided (b) GUIDANCE ON FAMILY-FOCUSED RESIDEN- made by subsection (a) shall take effect on under State Medicaid programs across dif- TIAL TREATMENT PROGRAMS.— the date of enactment of this Act. ferent treatment settings. (1) IN GENERAL.—Not later than 180 days SEC. 2211. MANDATORY REPORTING WITH RE- (3) Innovative strategies and lessons after the date of enactment of this Act, the SPECT TO ADULT BEHAVIORAL learned by States with Medicaid waivers ap- Secretary, in consultation with divisions of HEALTH MEASURES. proved under section 1115 or 1915 of the So- the Department of Health and Human Serv- Section 1139B of the Social Security Act cial Security Act (42 U.S.C. 1315, 1396n), in- ices administering substance use disorder or (42 U.S.C. 1320b–9b) is amended— cluding— child welfare programs, shall develop and (1) in subsection (b)— (A) challenges experienced by States in de- issue guidance to States identifying opportu- (A) in paragraph (3)— signing, securing, and implementing such nities to support family-focused residential (i) by striking ‘‘Not later than January 1, waivers or plan amendments; treatment programs for the provision of sub- 2013’’ and inserting the following: (B) how States developed partnerships with stance use disorder treatment. Before issuing ‘‘(A) VOLUNTARY REPORTING.—Not later other organizations such as behavioral such guidance, the Secretary shall solicit than January 1, 2013’’; and health agencies, State housing agencies, input from representatives of States, health (ii) by adding at the end the following: housing providers, health care services agen- care providers with expertise in addiction ‘‘(B) MANDATORY REPORTING WITH RESPECT cies and providers, community-based organi- medicine, obstetrics and gynecology, TO BEHAVIORAL HEALTH MEASURES.—Begin- zations, and health insurance plans to imple- neonatology, child trauma, and child devel- ning with the State report required under ment waivers or State plan amendments; and opment, health plans, recipients of family- subsection (d)(1) for 2024, the Secretary shall (C) how and whether States plan to provide focused treatment services, and other rel- require States to use all behavioral health Medicaid coverage for housing-related serv- evant stakeholders. measures included in the core set of adult ices and supports in the future, including by (2) ADDITIONAL REQUIREMENTS.—The guid- health quality measures and any updates or covering such services and supports under ance required under paragraph (1) shall in- changes to such measures to report informa- State Medicaid plans or waivers. clude descriptions of the following: tion, using the standardized format for re- (4) Existing opportunities for States to (A) Existing opportunities and flexibilities porting information and procedures devel- provide housing-related services and sup- under the Medicaid program, including under

VerDate Sep 11 2014 03:05 Sep 07, 2018 Jkt 079060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A06SE6.032 S06SEPT1 lotter on DSKBCFDHB2PROD with SENATE S6090 CONGRESSIONAL RECORD — SENATE September 6, 2018 waivers authorized under section 1115 or 1915 ‘‘(C) services to assist the parent or guard- for at least 5 years after parents or guardians of the Social Security Act (42 U.S.C. 1315, ian in prioritizing issues identified in assess- and their children are randomly assigned to 1396n), for States to receive Federal Medicaid ments, establishing goals for resolving such participate in the program or to be part of funding for the provision of substance use issues that are consistent with the goals of the program’s control group. disorder treatment for pregnant and the treatment provider, child welfare agen- ‘‘(4) EVALUATION REQUIREMENTS.— postpartum women and parents and guard- cy, courts, and other agencies involved with ‘‘(A) IN GENERAL.—The Secretary, in con- ians and, to the extent applicable, their chil- the parent or guardian or their children, and sultation with the entity or entities con- dren, in family-focused residential treatment making a coordinated plan for achieving ducting the family recovery and reunifica- programs. such goals; tion program under the project, shall con- (B) How States can employ and coordinate ‘‘(D) home visiting services coordinated duct an evaluation to determine whether the funding provided under the Medicaid pro- with the child welfare agency and treatment program has been implemented effectively gram, the title IV-E program, and other pro- provider involved with the parent or guard- and resulted in improvements for children grams administered by the Secretary to sup- ian or their children; and families. The evaluation shall have 3 port the provision of treatment and services ‘‘(E) case management services to remove components: a pilot phase, an impact study, provided by a family-focused residential barriers for the parent or guardian to par- and an implementation study. treatment facility such as substance use dis- ticipate and continue in treatment, as well ‘‘(B) PILOT PHASE.—The pilot phase compo- order treatment and services, including as to re-engage a parent or guardian who is nent of the evaluation shall consist of the medication-assisted treatment, family, not participating or progressing in treat- Secretary providing technical assistance to group, and individual counseling, case man- ment; the entity or entities conducting the family agement, parenting education and skills de- ‘‘(F) access to services needed to monitor recovery and reunification program under velopment, the provision, assessment, or co- the parent’s or guardian’s compliance with the project to ensure— ordination of care and services for children, program requirements; ‘‘(i) the program’s implementation adheres including necessary assessments and appro- ‘‘(G) frequent reporting between the treat- closely to the elements and protocol deter- priate interventions, non-emergency trans- ment provider, child welfare agency, courts, mined to be most effective in other recovery portation for necessary care provided at or and other agencies involved with the parent coaching programs that have been rigorously away from a program site, transitional serv- or guardian or their children to ensure ap- evaluated and shown to increase family re- ices and supports for families leaving treat- propriate information on the parent’s or unification and protect children; and ment, and other services. guardian’s status is available to inform deci- ‘‘(ii) random assignment of parents or (C) How States can employ and coordinate sion-making; and guardians and their children to be partici- funding provided under the Medicaid pro- ‘‘(H) assessments and recommendations pants in the program or to be part of the pro- gram and the title IV–E program (including provided by a recovery coach to the child gram’s control group is being carried out. as amended by the Family First Prevention welfare caseworker responsible for docu- ‘‘(C) IMPACT STUDY.—The impact study Services Act enacted under title VII of divi- menting the parent’s or guardian’s progress component of the evaluation shall determine sion E of Public Law 115–123, and particu- in treatment and recovery as well as the sta- the impacts of the family recovery and re- larly with respect to the authority under tus of other areas identified in the treatment unification program conducted under the project on the parents and guardians and subsections (a)(2)(C) and (j) of section 472 and plan for the parent or guardian, including a recommendation regarding the expected their children participating in the program. section 474(a)(1) of the Social Security Act safety of the child if the child is returned to The impact study component shall— (42 U.S.C. 672, 674(a)(1)) (as amended by sec- the custody of the parent or guardian that ‘‘(i) be conducted using an experimental tion 50712 of Public Law 115–123) to provide can be used by the caseworker and a court to design that uses a random assignment re- foster care maintenance payments for a child make permanency decisions regarding the search methodology; placed with a parent who is receiving treat- child. ‘‘(ii) consistent with previous studies of ment in a licensed residential family-based ‘‘(3) RESPONSIBILITIES OF THE SECRETARY.— other recovery coaching programs that have treatment facility for a substance use dis- ‘‘(A) IN GENERAL.—The Secretary shall, been rigorously evaluated and shown to in- order) to support placing children with their through a grant or contract with 1 or more crease family reunification and protect chil- parents in family-focused residential treat- entities, conduct and evaluate the family re- dren, measure outcomes for parents and ment programs. covery and reunification program under the guardians and their children over multiple SEC. 2302. IMPROVING RECOVERY AND REUNI- project. time periods, including for a period of 5 FYING FAMILIES. ‘‘(B) REQUIREMENTS.—In identifying 1 or years; and (a) FAMILY RECOVERY AND REUNIFICATION more entities to conduct the evaluation of ‘‘(iii) include measurements of family sta- PROGRAM REPLICATION PROJECT.—Section 435 the family recovery and reunification pro- bility and parent, guardian, and child safety of the Social Security Act (42 U.S.C. 629e) is gram, the Secretary shall— for program participants and the program amended by adding at the end the following: ‘‘(i) determine that the area or areas in control group that are consistent with meas- ‘‘(e) FAMILY RECOVERY AND REUNIFICATION which the program will be conducted have urements of such factors for participants and PROGRAM REPLICATION PROJECT.— sufficient substance use disorder treatment control groups from previous studies of other ‘‘(1) PURPOSE.—The purpose of this sub- providers and other resources (other than recovery coaching programs so as to allow section is to provide resources to the Sec- those provided with funds made available to results of the impact study to be compared retary to support the conduct and evaluation carry out the project) to successfully con- with the results of such prior studies, includ- of a family recovery and reunification pro- duct the program; ing with respect to comparisons between pro- gram replication project (referred to in this ‘‘(ii) determine that the area or areas in gram participants and the program control subsection as the ‘project’) and to determine which the program will be conducted have group regarding— the extent to which such programs may be enough potential program participants, and ‘‘(I) safe family reunification; appropriate for use at different intervention will serve a sufficient number of parents or ‘‘(II) time to reunification; points (such as when a child is at risk of en- guardians and their children, so as to allow ‘‘(III) permanency (such as through meas- tering foster care or when a child is living for the formation of a control group, evalua- ures of reunification, adoption, or placement with a guardian while a parent is in treat- tion results to be adequately powered, and with guardians); ment). The family recovery and reunifica- preliminary results of the evaluation to be ‘‘(IV) safety (such as through measures of tion program conducted under the project available within 4 years of the program’s im- subsequent maltreatment); shall use a recovery coach model that is de- plementation; ‘‘(V) parental or guardian treatment per- signed to help reunify families and protect ‘‘(iii) provide the entity or entities with sistence and engagement; children by working with parents or guard- technical assistance for the program design, ‘‘(VI) parental or guardian substance use; ians with a substance use disorder who have including by working with 1 or more entities ‘‘(VII) juvenile delinquency; temporarily lost custody of their children. that are or have been involved in recovery ‘‘(VIII) cost; and ‘‘(2) PROGRAM COMPONENTS.—The family re- coaching programs that have been rigorously ‘‘(IX) other measurements agreed upon by covery and reunification program conducted evaluated and shown to increase family re- the Secretary and the entity or entities op- under the project shall adhere closely to the unification and protect children so as to erating the family recovery and reunifica- elements and protocol determined to be most make sure the program conducted under the tion program under the project. effective in other recovery coaching pro- project adheres closely to the elements and ‘‘(D) IMPLEMENTATION STUDY.—The imple- grams that have been rigorously evaluated protocol determined to be most effective in mentation study component of the evalua- and shown to increase family reunification such other recovery coaching programs; tion shall be conducted concurrently with and protect children and, consistent with ‘‘(iv) assist the entity or entities in secur- the conduct of the impact study component such elements and protocol, shall provide ing adequate coaching, treatment, child wel- and shall include, in addition to such other such items and services as— fare, court, and other resources needed to information as the Secretary may deter- ‘‘(A) assessments to evaluate the needs of successfully conduct the family recovery and mine, descriptions and analyses of— the parent or guardian; reunification program under the project; and ‘‘(i) the adherence of the family recovery ‘‘(B) assistance in receiving the appro- ‘‘(v) ensure the entity or entities will be and reunification program conducted under priate benefits to aid the parent or guardian able to monitor the impacts of the program the project to other recovery coaching pro- in recovery; in the area or areas in which it is conducted grams that have been rigorously evaluated

VerDate Sep 11 2014 03:05 Sep 07, 2018 Jkt 079060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A06SE6.032 S06SEPT1 lotter on DSKBCFDHB2PROD with SENATE September 6, 2018 CONGRESSIONAL RECORD — SENATE S6091

and shown to increase family reunification (2) FAMILY-FOCUSED RESIDENTIAL TREAT- ice to reimburse the Postal Service for serv- and protect children; and MENT PROGRAM.—The term ‘‘family-focused ices provided in connection with the customs ‘‘(ii) the difference in services received or residential treatment program’’ means a processing of Inbound EMS items. proposed to be received by the program par- trauma-informed residential program pri- ‘‘(II) Payments received by U.S. Customs ticipants and the program control group. marily for substance use disorder treatment and Border Protection under subclause ‘‘(E) REPORT.—The Secretary shall publish for pregnant and postpartum women and par- (I)(aa) shall, in accordance with section 524 on an internet website maintained by the ents and guardians that allows children to of the Tariff Act of 1930 (19 U.S.C. 1524), be Secretary the following information: reside with such women or their parents or deposited in the Customs User Fee Account ‘‘(i) A report on the pilot phase component guardians during treatment to the extent ap- and used to directly reimburse each appro- of the evaluation. propriate and applicable. priation for the amount paid out of that ap- ‘‘(ii) A report on the impact study compo- (3) SECRETARY.—The term ‘‘Secretary’’ propriation for the costs incurred in pro- nent of the evaluation. means the Secretary of Health and Human viding services to international mail facili- ‘‘(iii) A report on the implementation Services. ties. Amounts deposited in accordance with study component of the evaluation. (b) SUPPORT FOR THE DEVELOPMENT OF EVI- the preceding sentence shall be available ‘‘(iv) A report that includes— DENCE-BASED FAMILY-FOCUSED RESIDENTIAL until expended for the provision of such serv- ‘‘(I) analyses of the extent to which the TREATMENT PROGRAMS.— ices. program has resulted in increased reunifica- (1) AUTHORITY TO AWARD GRANTS.—The Sec- ‘‘(III) Payments retained by the Postal tions, increased permanency, case closures, retary shall award grants to eligible entities Service under subclause (I)(bb) shall be used net savings to the State or States involved for purposes of developing, enhancing, or to directly reimburse the Postal Service for (taking into account both costs borne by evaluating family-focused residential treat- the costs incurred in providing services in States and the Federal government), or ment programs to increase the availability connection with the customs processing of other outcomes, or if the program did not of such programs that meet the require- Inbound EMS items. produce such outcomes, an analysis of why ments for promising, supported, or well-sup- ‘‘(iv) Beginning in fiscal year 2021, the Sec- the replication of the program did not yield ported practices specified in section retary, in consultation with the Postmaster such results; 471(e)(4)(C) of the Social Security Act (42 General, may adjust, not more frequently ‘‘(II) if, based on such analyses, the Sec- U.S.C. 671(e)(4)(C))) (as added by the Family than once each fiscal year, the amount de- First Prevention Services Act enacted under retary determines the program should be scribed in clause (i)(I) to an amount com- title VII of division E of Public Law 115–123). replicated, a replication plan; and mensurate with the costs of services pro- (2) EVALUATION REQUIREMENT.—The Sec- ‘‘(III) such recommendations for legisla- vided in connection with the customs proc- retary shall require any evaluation of a fam- tion and administrative action as the Sec- essing of Inbound EMS items, consistent ily-focused residential treatment program by retary determines appropriate. with the obligations of the United States an eligible entity that uses funds awarded ‘‘(5) APPROPRIATION.—In addition to any under international agreements.’’. amounts otherwise made available to carry under this section for all or part of the costs of the evaluation be designed to assist in the (b) CONFORMING AMENDMENTS.—Section out this subpart, out of any money in the 13031(a) of the Consolidated Omnibus Budget Treasury of the United States not otherwise determination of whether the program may qualify as a promising, supported, or well- Reconciliation Act of 1985 (19 U.S.C. 58c(a)) is appropriated, there are appropriated amended— $15,000,000 for fiscal year 2019 to carry out the supported practice in accordance with the re- quirements of such section 471(e)(4)(C). (1) in paragraph (6), by inserting ‘‘(other project, which shall remain available than an item subject to a fee under sub- through fiscal year 2026.’’. (c) AUTHORIZATION OF APPROPRIATIONS.— There is authorized to be appropriated to the section (b)(9)(D))’’ after ‘‘customs officer’’; (b) CLARIFICATION OF PAYER OF LAST RE- and SORT APPLICATION TO CHILD WELFARE PRE- Secretary to carry out this section, (2) in paragraph (10)— VENTION AND FAMILY SERVICES.—Section $20,000,000 for fiscal year 2019, which shall re- (A) in subparagraph (C), in the matter pre- 471(e)(10) of the Social Security Act (42 main available through fiscal year 2023. ceding clause (i), by inserting ‘‘(other than U.S.C. 671(e)(10)), as added by section Subtitle D—Synthetics Trafficking and Inbound EMS items described in subsection 50711(a)(2) of division E of Public Law 115–123, Overdose Prevention (b)(9)(D))’’ after ‘‘release’’; and is amended— SEC. 2401. SHORT TITLE. (B) in the flush at the end, by inserting ‘‘or (1) in subparagraph (A), by inserting ‘‘, nor This subtitle may be cited as the ‘‘Syn- of Inbound EMS items described in sub- shall the provision of such services or pro- thetics Trafficking and Overdose Prevention grams be construed to permit the State to Act of 2018’’ or ‘‘STOP Act of 2018’’. section (b)(9)(D),’’ after ‘‘(C),’’. (c) EFFECTIVE DATE.—The amendments reduce medical or other assistance available SEC. 2402. CUSTOMS FEES. made by this section shall take effect on to a recipient of such services or programs’’ (a) IN GENERAL.—Section 13031(b)(9) of the after ‘‘under this Act’’; and Consolidated Omnibus Budget Reconciliation January 1, 2020. (2) by adding at the end the following: Act of 1985 (19 U.S.C. 58c(b)(9)) is amended by SEC. 2403. MANDATORY ADVANCE ELECTRONIC ‘‘(C) PAYER OF LAST RESORT.—In carrying adding at the end the following: INFORMATION FOR POSTAL SHIP- out its responsibilities to ensure access to ‘‘(D)(i) With respect to the processing of MENTS. services or programs under this subsection, items that are sent to the United States (a) MANDATORY ADVANCE ELECTRONIC IN- the State agency shall not be considered to through the international postal network by FORMATION.— be a legally liable third party for purposes of ‘Inbound Express Mail service’ or ‘Inbound (1) IN GENERAL.—Section 343(a)(3)(K) of the satisfying a financial commitment for the EMS’ (as that service is described in the mail Trade Act of 2002 (Public Law 107–210; 19 cost of providing such services or programs classification schedule referred to in section U.S.C. 2071 note) is amended to read as fol- with respect to any individual for whom such 3631 of title 39, United States Code), the fol- lows: cost would have been paid for from another lowing payments are required: ‘‘(K)(i) The Secretary shall prescribe regu- public or private source but for the enact- ‘‘(I) $1 per Inbound EMS item. lations requiring the United States Postal ment of this subsection (except that when- ‘‘(II) If an Inbound EMS item is formally Service to transmit the information de- ever considered necessary to prevent a delay entered, the fee provided for under sub- scribed in paragraphs (1) and (2) to the Com- in the receipt of appropriate early interven- section (a)(9), if applicable. missioner of U.S. Customs and Border Pro- tion services by a child or family in a timely ‘‘(ii) Notwithstanding section 451 of the tection for international mail shipments by fashion, funds provided under section Tariff Act of 1930 (19 U.S.C. 1451), the pay- the Postal Service (including shipments to 474(a)(6) may be used to pay the provider of ments required by clause (i), as allocated the Postal Service from foreign postal opera- services or programs pending reimbursement pursuant to clause (iii)(I), shall be the only tors that are transported by private carrier) from the public or private source that has ul- payments required for reimbursement of U.S. consistent with the requirements of this sub- timate responsibility for the payment).’’. Customs and Border Protection for customs paragraph. (c) EFFECTIVE DATE.—The amendments services provided in connection with the ‘‘(ii) In prescribing regulations under made by subsection (b) shall take effect as if processing of an Inbound EMS item. clause (i), the Secretary shall impose re- included in section 50711 of division E of Pub- ‘‘(iii)(I) The payments required by clause quirements for the transmission to the Com- lic Law 115–123. (i)(I) shall be allocated as follows: missioner of information described in para- SEC. 2303. BUILDING CAPACITY FOR FAMILY-FO- ‘‘(aa) 50 percent of the amount of the pay- graphs (1) and (2) for mail shipments de- CUSED RESIDENTIAL TREATMENT. ments shall be paid on a quarterly basis by scribed in clause (i) that are comparable to (a) DEFINITIONS.—In this section: the United States Postal Service to the Com- the requirements for the transmission of (1) ELIGIBLE ENTITY.—The term ‘‘eligible missioner of U.S. Customs and Border Pro- such information imposed on similar non- entity’’ means a State, county, local, or trib- tection in accordance with regulations pre- mail shipments of cargo, taking into account al health or child welfare agency, a private scribed by the Secretary of the Treasury to the parameters set forth in subparagraphs nonprofit organization, a research organiza- reimburse U.S. Customs and Border Protec- (A) through (J). tion, a treatment service provider, an insti- tion for customs services provided in connec- ‘‘(iii) The regulations prescribed under tution of higher education (as defined under tion with the processing of Inbound EMS clause (i) shall require the transmission of section 101 of the Higher Education Act of items. the information described in paragraphs (1) 1965 (20 U.S.C. 1001)), or another entity speci- ‘‘(bb) 50 percent of the amount of the pay- and (2) with respect to a shipment as soon as fied by the Secretary. ments shall be retained by the Postal Serv- practicable in relation to the transportation

VerDate Sep 11 2014 03:05 Sep 07, 2018 Jkt 079060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A06SE6.032 S06SEPT1 lotter on DSKBCFDHB2PROD with SENATE S6092 CONGRESSIONAL RECORD — SENATE September 6, 2018 of the shipment, consistent with subpara- paragraphs (1) and (2) is not transmitted as (A) detailing the extent to which U.S. Cus- graph (H). required under this subparagraph, except as toms and Border Protection and the United ‘‘(iv) Regulations prescribed under clause provided in subclause (II). States Postal Service are engaged in capac- (i) shall allow for the requirements for the ‘‘(II) If remedial action is warranted in lieu ity building efforts under section 343(a)(5) of transmission to the Commissioner of infor- of refusal of shipments pursuant to subclause the Trade Act of 2002, as added by paragraph mation described in paragraphs (1) and (2) for (I), the Postmaster General and the Commis- (1); mail shipments described in clause (i) to be sioner shall take remedial action with re- (B) describing plans for future capacity implemented in phases, as appropriate, by— spect to the shipments, including destruc- building efforts; and ‘‘(I) setting incremental targets for in- tion, seizure, controlled delivery or other (C) assessing how capacity building has in- creasing the percentage of such shipments law enforcement initiatives, or correction of creased the ability of U.S. Customs and Bor- for which information is required to be the failure to provide the information de- der Protection and the Postal Service to ad- transmitted to the Commissioner; and scribed in paragraphs (1) and (2) with respect vance the goals of this subtitle and the ‘‘(II) taking into consideration— to the shipment. amendments made by this subtitle. ‘‘(aa) the risk posed by such shipments; ‘‘(viii) Nothing in this subparagraph shall (c) REPORT AND CONSULTATIONS BY SEC- ‘‘(bb) the volume of mail shipped to the be construed to limit the authority of the RETARY OF HOMELAND SECURITY AND POST- United States by or through a particular Secretary to obtain information relating to MASTER GENERAL.— country; and international mail shipments from private (1) REPORT.—Not later than 180 days after ‘‘(cc) the capacities of foreign postal opera- carriers or other appropriate parties. the date of the enactment of this Act, and tors to provide that information to the Post- ‘‘(ix) In this subparagraph, the term ‘ap- annually thereafter until 3 years after the al Service. propriate congressional committees’ Postmaster General has met the requirement ‘‘(v)(I) Notwithstanding clause (iv), the means— under clause (vi) of subparagraph (K) of sec- Postal Service shall, not later than Decem- ‘‘(I) the Committee on Finance and the tion 343(a)(3) of the Trade Act of 2002, as ber 31, 2018, arrange for the transmission to Committee on Homeland Security and Gov- amended by subsection (a)(1), the Secretary the Commissioner of the information de- ernmental Affairs of the Senate; and of Homeland Security and the Postmaster scribed in paragraphs (1) and (2) for not less ‘‘(II) the Committee on Ways and Means, General shall, in consultation with the Sec- than 70 percent of the aggregate number of the Committee on Oversight and Govern- retary of State, jointly submit to the appro- mail shipments, including 100 percent of ment Reform, and the Committee on Home- priate congressional committees a report on mail shipments from the People’s Republic land Security of the House of Representa- compliance with that subparagraph that in- of China, described in clause (i). tives.’’. cludes the following: ‘‘(II) If the requirements of subclause (I) (2) JOINT STRATEGIC PLAN ON MANDATORY (A) An assessment of the status of the reg- are not met, the Comptroller General of the ADVANCE INFORMATION.—Not later than 60 ulations required to be promulgated under United States shall submit to the appro- days after the date of the enactment of this that subparagraph. priate congressional committees, not later Act, the Secretary of Homeland Security and (B) An update regarding new and existing than June 30, 2019, a report— the Postmaster General shall develop and agreements reached with foreign postal oper- ‘‘(aa) assessing the reasons for the failure submit to the appropriate congressional ators for the transmission of the information to meet those requirements; and committees a joint strategic plan detailing required by that subparagraph. ‘‘(bb) identifying recommendations to im- specific performance measures for achiev- (C) A summary of deliberations between prove the collection by the Postal Service of ing— the United States Postal Service and foreign the information described in paragraphs (1) (A) the transmission of information as re- postal operators with respect to issues relat- and (2). quired by section 343(a)(3)(K) of the Trade ing to the transmission of that information. ‘‘(vi)(I) Notwithstanding clause (iv), the Act of 2002, as amended by paragraph (1); and (D) A summary of the progress made in Postal Service shall, not later than Decem- (B) the presentation by the Postal Service achieving the transmission of that informa- ber 31, 2020, arrange for the transmission to to U.S. Customs and Border Protection of all tion for the percentage of shipments required the Commissioner of the information de- mail targeted by U.S. Customs and Border by that subparagraph. scribed in paragraphs (1) and (2) for 100 per- Protection for inspection. (E) An assessment of the quality of that in- cent of the aggregate number of mail ship- (b) CAPACITY BUILDING.— formation being received by foreign postal ments described in clause (i). (1) IN GENERAL.—Section 343(a) of the Trade operators, as determined by the Secretary of ‘‘(II) The Commissioner, in consultation Act of 2002 (Public Law 107–210; 19 U.S.C. 2071 Homeland Security, and actions taken to im- with the Postmaster General, may determine note) is amended by adding at the end the prove the quality of that information. to exclude a country from the requirement following: (F) A summary of policies established by described in subclause (I) to transmit infor- ‘‘(5) CAPACITY BUILDING.— the Universal Postal Union that may affect mation for mail shipments described in ‘‘(A) IN GENERAL.—The Secretary, with the the ability of the Postmaster General to ob- clause (i) from the country if the Commis- concurrence of the Secretary of State, and in tain the transmission of that information. sioner determines that the country— coordination with the Postmaster General (G) A summary of the use of technology to ‘‘(aa) does not have the capacity to collect and the heads of other Federal agencies, as detect illicit synthetic opioids and other ille- and transmit such information; appropriate, may provide technical assist- gal substances in international mail parcels ‘‘(bb) represents a low risk for mail ship- ance, equipment, technology, and training to and planned acquisitions and advancements ments that violate relevant United States enhance the capacity of foreign postal opera- in such technology. laws and regulations; and tors— (H) Such other information as the Sec- ‘‘(cc) accounts for low volumes of mail ‘‘(i) to gather and provide the information retary of Homeland Security and the Post- shipments that can be effectively screened required by paragraph (3)(K); and master General consider appropriate with re- for compliance with relevant United States ‘‘(ii) to otherwise gather and provide postal spect to obtaining the transmission of infor- laws and regulations through an alternate shipment information related to— mation required by that subparagraph. means. ‘‘(I) terrorism; (2) CONSULTATIONS.—Not later than 180 ‘‘(III) The Commissioner shall, at a min- ‘‘(II) items the importation or introduction days after the date of the enactment of this imum on an annual basis, re-evaluate any of which into the United States is prohibited Act, and every 180 days thereafter until the determination made under subclause (II) to or restricted, including controlled sub- Postmaster General has met the requirement exclude a country from the requirement de- stances; and under clause (vi) of section 343(a)(3)(K) of the scribed in subclause (I). If, at any time, the ‘‘(III) such other concerns as the Secretary Trade Act of 2002, as amended by subsection Commissioner determines that a country no determines appropriate. (a)(1), to arrange for the transmission of in- longer meets the requirements under sub- ‘‘(B) PROVISION OF EQUIPMENT AND TECH- formation with respect to 100 percent of the clause (II), the Commissioner may not fur- NOLOGY.—With respect to the provision of aggregate number of mail shipments de- ther exclude the country from the require- equipment and technology under subpara- scribed in clause (i) of that section, the Sec- ment described in subclause (I). graph (A), the Secretary may lease, loan, retary of Homeland Security and the Post- ‘‘(IV) The Commissioner shall, on an an- provide, or otherwise assist in the deploy- master General shall provide briefings to the nual basis, submit to the appropriate con- ment of such equipment and technology appropriate congressional committees on the gressional committees— under such terms and conditions as the Sec- progress made in achieving the transmission ‘‘(aa) a list of countries with respect to retary may prescribe, including nonreim- of that information for that percentage of which the Commissioner has made a deter- bursable loans or the transfer of ownership shipments. mination under subclause (II) to exclude the of equipment and technology.’’. (d) GOVERNMENT ACCOUNTABILITY OFFICE countries from the requirement described in (2) JOINT STRATEGIC PLAN ON CAPACITY REPORT.—Not later than June 30, 2019, the subclause (I); and BUILDING.—Not later than one year after the Comptroller General of the United States ‘‘(bb) information used to support such de- date of the enactment of this Act, the Sec- shall submit to the appropriate congres- termination with respect to such countries. retary of Homeland Security and the Post- sional committees a report— ‘‘(vii)(I) The Postmaster General shall, in master General shall, in consultation with (1) assessing the progress of the United consultation with the Commissioner, refuse the Secretary of State, jointly develop and States Postal Service in achieving the trans- any shipments received after December 31, submit to the appropriate congressional mission of the information required by sub- 2020, for which the information described in committees a joint strategic plan— paragraph (K) of section 343(a)(3) of the

VerDate Sep 11 2014 03:05 Sep 07, 2018 Jkt 079060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A06SE6.032 S06SEPT1 lotter on DSKBCFDHB2PROD with SENATE September 6, 2018 CONGRESSIONAL RECORD — SENATE S6093 Trade Act of 2002, as amended by subsection treaty, convention, or other international violations of section 343(a)(3)(K)(vii)(I) of the (a)(1), for the percentage of shipments re- agreement related to international postal Trade Act of 2002, and quired by that subparagraph; services would improve the ability of the ‘‘(C) has an increasing error rate in compli- (2) assessing the quality of the information United States to secure the provision of ad- ance with section 343(a)(3)(K) of the Trade received from foreign postal operators for vance electronic information by foreign Act of 2002, targeting purposes; postal operators as required by regulations civil penalties may be imposed against the (3) assessing the specific percentage of tar- prescribed under section 343(a)(3)(K) of the United States Postal Service until corrective geted mail presented by the Postal Service Trade Act of 2002, as amended by section action, satisfactory to U.S. Customs and to U.S. Customs and Border Protection for 2403(a)(1), the Secretary of State should ex- Border Protection, is taken.’’. inspection; peditiously conclude such an agreement. SEC. 2408. REPORT ON VIOLATIONS OF ARRIVAL, (4) describing the costs of collecting the in- SEC. 2405. COST RECOUPMENT. REPORTING, ENTRY, AND CLEAR- formation required by such subparagraph (K) (a) IN GENERAL.—The United States Postal ANCE REQUIREMENTS AND FALSITY from foreign postal operators and the costs Service shall, to the extent practicable and OR LACK OF MANIFEST. of implementing the use of that information; otherwise recoverable by law, ensure that all (a) IN GENERAL.—The Commissioner of U.S. (5) assessing the benefits of receiving that costs associated with complying with this Customs and Border Protection shall submit information with respect to international subtitle and amendments made by this sub- to the appropriate congressional committees mail shipments; title are charged directly to foreign shippers an annual report that contains the informa- (6) assessing the feasibility of assessing a or foreign postal operators. tion described in subsection (b) with respect customs fee under section 13031(b)(9) of the (b) COSTS NOT CONSIDERED REVENUE.—The to each violation of section 436 of the Tariff Consolidated Omnibus Budget Reconciliation recovery of costs under subsection (a) shall Act of 1930 (19 U.S.C. 1436), as amended by Act of 1985, as amended by section 2402, on not be deemed revenue for purposes of sub- section 7, and section 584 of such Act (19 international mail shipments other than In- chapter I and II of chapter 36 of title 39, U.S.C. 1584) that occurred during the pre- bound Express Mail service in a manner con- United States Code, or regulations pre- vious year. sistent with the obligations of the United scribed under that chapter. (b) INFORMATION DESCRIBED.—The informa- States under international agreements; and tion described in this subsection is the fol- SEC. 2406. DEVELOPMENT OF TECHNOLOGY TO (7) identifying recommendations, including DETECT ILLICIT NARCOTICS. lowing: recommendations for legislation, to improve (a) IN GENERAL.—The Postmaster General (1) The name and address of the violator. the compliance of the Postal Service with and the Commissioner of U.S. Customs and (2) The specific violation that was com- such subparagraph (K), including an assess- Border Protection, in coordination with the mitted. ment of whether the detection of illicit syn- heads of other agencies as appropriate, shall (3) The location or port of entry through thetic opioids in the international mail collaborate to identify and develop tech- which the items were transported. would be improved by— nology for the detection of illicit fentanyl, (4) An inventory of the items seized, in- (A) requiring the Postal Service to serve as other synthetic opioids, and other narcotics cluding a description of the items and the the consignee for international mail ship- and psychoactive substances entering the quantity seized. ments containing goods; or United States by mail. (5) The location from which the items (B) designating a customs broker to act as (b) OUTREACH TO PRIVATE SECTOR.—The originated. an importer of record for international mail Postmaster General and the Commissioner (6) The entity responsible for the apprehen- shipments containing goods. shall conduct outreach to private sector en- sion or seizure, organized by location or port (e) TECHNICAL CORRECTION.—Section 343 of tities to gather information regarding the of entry. the Trade Act of 2002 (Public Law 107–210; 19 current state of technology to identify areas (7) The amount of penalties assessed by U.S.C. 2071 note) is amended in the section for innovation relating to the detection of il- U.S. Customs and Border Protection, orga- heading by striking ‘‘ADVANCED’’ and insert- licit fentanyl, other synthetic opioids, and nized by name of the violator and location or ing ‘‘ADVANCE’’. port of entry. (f) APPROPRIATE CONGRESSIONAL COMMIT- other narcotics and psychoactive substances entering the United States. (8) The amount of penalties that U.S. Cus- TEES DEFINED.—In this section, the term toms and Border Protection could have lev- SEC. 2407. CIVIL PENALTIES FOR POSTAL SHIP- ‘‘appropriate congressional committees’’ ied, organized by name of the violator and means— MENTS. location or port of entry. (1) the Committee on Finance and the Section 436 of the Tariff Act of 1930 (19 (9) The rationale for negotiating lower pen- Committee on Homeland Security and Gov- U.S.C. 1436) is amended by adding at the end alties, organized by name of the violator and ernmental Affairs of the Senate; and the following new subsection: location or port of entry. (2) the Committee on Ways and Means, the ‘‘(e) CIVIL PENALTIES FOR POSTAL SHIP- (c) APPROPRIATE CONGRESSIONAL COMMIT- Committee on Oversight and Government MENTS.— TEES DEFINED.—In this section, the term Reform, and the Committee on Homeland ‘‘(1) CIVIL PENALTY.—A civil penalty shall ‘‘appropriate congressional committees’’ Security of the House of Representatives. be imposed against the United States Postal Service if the Postal Service accepts a ship- means— SEC. 2404. INTERNATIONAL POSTAL AGREE- (1) the Committee on Finance and the MENTS. ment in violation of section Committee on Homeland Security and Gov- (a) EXISTING AGREEMENTS.— 343(a)(3)(K)(vii)(I) of the Trade Act of 2002. ernmental Affairs of the Senate; and (1) IN GENERAL.—In the event that any pro- ‘‘(2) MODIFICATION OF CIVIL PENALTY.— (2) the Committee on Ways and Means, the vision of this subtitle, or any amendment ‘‘(A) IN GENERAL.—U.S. Customs and Bor- Committee on Oversight and Government made by this subtitle, is determined to be in der Protection shall reduce or dismiss a civil Reform, and the Committee on Homeland violation of obligations of the United States penalty imposed pursuant to paragraph (1) if Security of the House of Representatives. under any postal treaty, convention, or U.S. Customs and Border Protection deter- other international agreement related to mines that the United States Postal Serv- SEC. 2409. EFFECTIVE DATE; REGULATIONS. international postal services, or any amend- ice— (a) EFFECTIVE DATE.—This subtitle and the ment to such an agreement, the Secretary of ‘‘(i) has a low error rate in compliance amendments made by this subtitle (other State should negotiate to amend the rel- with section 343(a)(3)(K) of the Trade Act of than the amendments made by section 2402) evant provisions of the agreement so that 2002; shall take effect on the date of the enact- the United States is no longer in violation of ‘‘(ii) is cooperating with U.S. Customs and ment of this Act. the agreement. Border Protection with respect to the viola- (b) REGULATIONS.—Not later than one year (2) RULE OF CONSTRUCTION.—Nothing in this tion of section 343(a)(3)(K)(vii)(I) of the after the date of the enactment of this Act, subsection shall be construed to permit Trade Act of 2002; or such regulations as are necessary to carry delay in the implementation of this subtitle ‘‘(iii) has taken remedial action to prevent out this subtitle and the amendments made or any amendment made by this subtitle. future violations of section 343(a)(3)(K)(vii)(I) by this subtitle shall be prescribed. (b) FUTURE AGREEMENTS.— of the Trade Act of 2002. TITLE III—JUDICIARY (1) CONSULTATIONS.—Before entering into, ‘‘(B) WRITTEN NOTIFICATION.—U.S. Customs Subtitle A—Access to Increased Drug on or after the date of the enactment of this and Border Protection shall issue a written Disposal Act, any postal treaty, convention, or other notification to the Postal Service with re- international agreement related to inter- spect to each exercise of the authority of SEC. 3101. SHORT TITLE. national postal services, or any amendment subparagraph (A) to reduce or dismiss a civil This subtitle may be cited as the ‘‘Access to such an agreement, that is related to the penalty imposed pursuant to paragraph (1). to Increased Drug Disposal Act of 2018’’. ability of the United States to secure the ‘‘(3) ONGOING LACK OF COMPLIANCE.—If U.S. SEC. 3102. DEFINITIONS. provision of advance electronic information Customs and Border Protection determines In this subtitle— by foreign postal operators, the Secretary of that the United States Postal Service— (1) the term ‘‘Attorney General’’ means the State should consult with the appropriate ‘‘(A) has repeatedly committed violations Attorney General, acting through the Assist- congressional committees (as defined in sec- of section 343(a)(3)(K)(vii)(I) of the Trade Act ant Attorney General for the Office of Jus- tion 2403(f)). of 2002, tice Programs; (2) EXPEDITED NEGOTIATION OF NEW AGREE- ‘‘(B) has failed to cooperate with U.S. Cus- (2) the term ‘‘authorized collector’’ means MENT.—To the extent that any new postal toms and Border Protection with respect to a narcotic treatment program, a hospital or

VerDate Sep 11 2014 03:05 Sep 07, 2018 Jkt 079060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A06SE6.032 S06SEPT1 lotter on DSKBCFDHB2PROD with SENATE S6094 CONGRESSIONAL RECORD — SENATE September 6, 2018 clinic with an on-site pharmacy, a retail a drug manufacturer, drug distributor, or 6 months as required under paragraph (1), pharmacy, or a reverse distributor, that is other Drug Enforcement Administration reg- nothing in this subsection shall be construed authorized as a collector under section istrant from the responsibility of the manu- to bring an action in any court to challenge 1317.40 of title 21, Code of Federal Regula- facturer, distributor, or other registrant to— the sufficiency of the information or to com- tions (or any successor regulation); (1) identify, stop, and report suspicious or- pel the Attorney General to produce any doc- (3) the term ‘‘covered grant’’ means a ders; or uments or reports referred to in this sub- grant awarded under section 3003; and (2) maintain effective controls against di- section.’’. (4) the term ‘‘eligible collector’’ means a version in accordance with section 303 of the (c) CIVIL AND CRIMINAL PENALTIES.—Sec- person who is eligible to be an authorized Controlled Substances Act (21 U.S.C. 823) or tion 402 of the Controlled Substances Act (21 collector. any successor law or associated regulation. U.S.C. 842) is amended— (1) in subsection (a)— SEC. 3103. AUTHORITY TO MAKE GRANTS. SEC. 3203. AMENDMENTS. (A) in paragraph (15), by striking ‘‘or’’ at The Attorney General shall award grants (a) RECORDS AND REPORTS OF REG- the end; to States to enable the States to increase ISTRANTS.—Section 307 of the Controlled (B) in paragraph (16), by striking the pe- the participation of eligible collectors as au- Substances Act (21 U.S.C. 827) is amended— riod at the end and inserting ‘‘; or’’; and thorized collectors. (1) by redesignating subsections (f), (g), and (C) by inserting after paragraph (16) the SEC. 3104. APPLICATION. (h) as subsections (g), (h), and (i), respec- following: A State desiring a covered grant shall sub- tively; ‘‘(17) in the case of a registered manufac- mit to the Attorney General an application (2) by inserting after subsection (e) the fol- turer or distributor of opioids, to fail to re- that, at a minimum— lowing: view the most recent information, directly (1) identifies the single State agency that ‘‘(f)(1) The Attorney General shall, not less related to the customers of the manufacturer oversees pharmaceutical care and will be re- frequently than quarterly, make the fol- or distributor, made available by the Attor- sponsible for complying with the require- lowing information available to manufac- ney General in accordance with section ments of the grant; turer and distributor registrants through the 307(f).’’; and (2) details a plan to increase participation Automated Reports and Consolidated Orders (2) in subsection (c)— rates of eligible collectors as authorized col- System, or any subsequent automated sys- (A) in paragraph (1), by striking subpara- lectors; and tem developed by the Drug Enforcement Ad- graph (B) and inserting the following: (3) describes how the State will select eli- ministration to monitor selected controlled ‘‘(B)(i) Except as provided in clause (ii), in gible collectors to be served under the grant. substances: the case of a violation of paragraph (5), (10), SEC. 3105. USE OF GRANT FUNDS. ‘‘(A) The total number of distributor reg- or (17) of subsection (a), the penalty shall not A State that receives a covered grant, and istrants that distribute controlled sub- exceed $10,000. any subrecipient of the grant, may use the stances to a pharmacy or practitioner reg- ‘‘(ii) In the case of a violation described in grant amounts only for the costs of installa- istrant, aggregated by the name and address clause (i) committed by a registered manu- tion, maintenance, training, purchasing, and of each pharmacy and practitioner reg- facturer or distributor of opioids and related disposal of controlled substances associated istrant. to the reporting of suspicious orders for with the participation of eligible collectors ‘‘(B) The total quantity and type of opioids opioids, failing to maintain effective con- as authorized collectors. distributed, listed by Administration Con- trols against diversion of opioids, or failing SEC. 3106. ELIGIBILITY FOR GRANT. trolled Substances Code Number, to each to review the most recent information made The Attorney General shall award a cov- pharmacy and practitioner registrant de- available by the Attorney General in accord- ered grant to 5 States, not less than 3 of scribed in subparagraph (A). ance with section 307(f), the penalty shall which shall be States in the lowest quartile ‘‘(2) The information required to be made not exceed $100,000.’’; and of States based on the participation rate of available under paragraph (1) shall be made (B) in paragraph (2)— eligible collectors as authorized collectors, available not later than the 15th day of the (i) in subparagraph (A), by inserting ‘‘or as determined by the Attorney General. first month following the quarter to which (D)’’ after ‘‘subparagraph (B)’’; and SEC. 3107. DURATION OF GRANTS. the information relates. (ii) by adding at the end the following: The Attorney General shall determine the ‘‘(3)(A) All registered manufacturers and ‘‘(D) In the case of a violation described in period of years for which a covered grant is distributors shall be responsible for review- subparagraph (A) that was a violation of made to a State. ing the information made available by the paragraph (5), (10), or (17) of subsection (a) SEC. 3108. ACCOUNTABILITY AND OVERSIGHT. Attorney General under this subsection. committed by a registered manufacturer or A State that receives a covered grant shall ‘‘(B) In determining whether to initiate distributor of opioids that relates to the re- submit to the Attorney General a report, at proceedings under this title against a reg- porting of suspicious orders for opioids, fail- such time and in such manner as the Attor- istered manufacturer or distributor based on ing to maintain effective controls against di- ney General may reasonably require, that— the failure of the registrant to maintain ef- version of opioids, or failing to review the (1) lists the ultimate recipients of the fective controls against diversion or other- most recent information made available by grant amounts; wise comply with the requirements of this the Attorney General in accordance with section 307(f), the criminal fine under title (2) describes the activities undertaken by title or the regulations issued thereunder, 18, United States Code, shall not exceed the State using the grant amounts; and the Attorney General may take into account $500,000.’’. (3) contains performance measures relating that the information made available under to the effectiveness of the grant, including this subsection was available to the reg- SEC. 3204. REPORT. changes in the participation rate of eligible istrant.’’; and Not later than 1 year after the date of en- actment of this Act, the Attorney General collectors as authorized collectors. (3) by inserting after subsection (i), as so redesignated, the following: shall submit to Congress a report that pro- SEC. 3109. DURATION OF PROGRAM. ‘‘(j) All of the reports required under this vides information about how the Attorney The Attorney General may award covered section shall be provided in an electronic for- General is using data in the Automation of grants for each of the first 5 fiscal years be- mat.’’. Reports and Consolidated Orders System to ginning after the date of enactment of this (b) COOPERATIVE ARRANGEMENTS.—Section identify and stop suspicious activity, includ- Act. 503 of the Controlled Substances Act (21 ing whether the Attorney General is looking SEC. 3110. AUTHORIZATION OF APPROPRIATIONS. U.S.C. 873) is amended— at aggregate orders from individual phar- There is authorized to be appropriated to (1) by striking subsection (c) and inserting macies to multiple distributors that in total the Attorney General such sums as may be the following: are suspicious, even if no individual order necessary to carry out this subtitle. ‘‘(c)(1) The Attorney General shall, once rises to the level of a suspicious order to a Subtitle B—Using Data To Prevent Opioid every 6 months, prepare and make available given distributor. Diversion to regulatory, licensing, attorneys general, Subtitle C—Substance Abuse Prevention SEC. 3201. SHORT TITLE. and law enforcement agencies of States a SEC. 3301. SHORT TITLE. This subtitle may be cited as the ‘‘Using standardized report containing descriptive This subtitle may be cited as the ‘‘Sub- Data to Prevent Opioid Diversion Act of and analytic information on the actual dis- stance Abuse Prevention Act of 2018’’. 2018’’. tribution patterns, as gathered through the SEC. 3302. REAUTHORIZATION OF THE OFFICE OF SEC. 3202. PURPOSE. Automated Reports and Consolidated Orders NATIONAL DRUG CONTROL POLICY. (a) IN GENERAL.—The purpose of this sub- System, or any subsequent automated sys- (a) OFFICE OF NATIONAL DRUG CONTROL title is to provide drug manufacturers and tem, pursuant to section 307 and which in- POLICY REAUTHORIZATION ACT OF 1998.— distributors with access to anonymized in- cludes detailed amounts, outliers, and trends (1) IN GENERAL.—The Office of National formation through the Automated Reports of distributor and pharmacy registrants, in Drug Control Policy Reauthorization Act of and Consolidated Orders System to help drug such States for the controlled substances 1998 (21 U.S.C. 1701 et seq.), as in effect on manufacturers and distributors identify, re- contained in schedule II, which, in the dis- September 29, 2003, and as amended by the port, and stop suspicious orders of opioids cretion of the Attorney General, are deter- laws described in paragraph (2), is revived and reduce diversion rates. mined to have the highest abuse. and restored. (b) RULE OF CONSTRUCTION.—Nothing in ‘‘(2) If the Attorney General publishes the (2) LAWS DESCRIBED.—The laws described in this subtitle should be construed to absolve report described in paragraph (1) once every this paragraph are:

VerDate Sep 11 2014 03:05 Sep 07, 2018 Jkt 079060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A06SE6.032 S06SEPT1 lotter on DSKBCFDHB2PROD with SENATE September 6, 2018 CONGRESSIONAL RECORD — SENATE S6095 (A) The Office of National Drug Control fatal and non-fatal overdoses to public addiction and substance use disorders and Policy Reauthorization Act of 2006 (Public health and safety officials; specialize in family and patient services, ad- Law 109–469; 120 Stat. 3502). ‘‘(2) increasing data sharing among public vocacy for patients and families, and edu- (B) The Presidential Appointment Effi- safety and public health officials concerning cational information. ciency and Streamlining Act of 2011 (Public drug-related abuse trends, including new ‘‘(b) ALLOWABLE USES.—A grant awarded Law 112–166; 126 Stat. 1283). psychoactive substances, and related crime; under this section may be used for private, (b) REAUTHORIZATION.—Section 715(a) of the and nonprofit national organizations that engage Office of National Drug Control Policy Reau- ‘‘(3) enabling collaborative deployment of in all of the following activities: thorization Act of 1998 (21 U.S.C. 1712(a)) is prevention, intervention, and enforcement ‘‘(1) Expansion of phone line or call center amended by striking ‘‘2010’’ and inserting resources to address substance use addiction services with professional, clinical staff that ‘‘2022’’. and narcotics trafficking.’’. provide, for families and individuals im- SEC. 3303. REAUTHORIZATION OF THE DRUG- SEC. 3309. PROTECTING LAW ENFORCEMENT OF- pacted by a substance use disorder, support, FREE COMMUNITIES PROGRAM. FICERS FROM ACCIDENTAL EXPO- access to treatment resources, brief assess- Section 1024 of the National Narcotics SURE. ments, medication and overdose prevention Leadership Act of 1988 (21 U.S.C. 1524(a)) is Section 707 of the Office of National Drug education, compassionate listening services, amended by striking subsections (a) and (b) Control Policy Reauthorization Act of 1998 recovery support or peer specialists, bereave- and inserting the following: (21 U.S.C. 1706), as amended by section 3308, ment and grief support, and case manage- ‘‘(a) IN GENERAL.—There is authorized to is amended by adding at the end the fol- ment. be appropriated to the Office of National lowing: ‘‘(2) Continued development of health in- UPPLEMENTAL GRANTS.—The Director Drug Control Policy to carry out this chap- ‘‘(s) S formation technology systems that leverage is authorized to use not more than $10,000,000 ter $99,000,000 for each of fiscal years 2018 new and upcoming technology and tech- of the amounts otherwise appropriated to through 2022. niques for prevention, intervention, and fill- carry out this section to provide supple- ‘‘(b) ADMINISTRATIVE COSTS.—Not more ing resource gaps in communities that are mental competitive grants to high intensity than 8 percent of the funds appropriated to underserved. drug trafficking areas that have experienced ‘‘(3) Enhancement and operation of treat- carry out this chapter may be used by the high seizures of fentanyl and new Office of National Drug Control Policy to psychoactive substances for the purposes ment and recovery resources, easy-to-read pay administrative costs associated with the of— scientific and evidence-based education on responsibilities of the Office under this chap- ‘‘(1) purchasing portable equipment to test addiction and substance use disorders, and ter.’’. for fentanyl and other substances; other informational tools for families and in- SEC. 3304. REAUTHORIZATION OF THE NATIONAL ‘‘(2) training law enforcement officers and dividuals impacted by a substance use dis- COMMUNITY ANTI-DRUG COALITION other first responders on best practices for order and community stakeholders, such as INSTITUTE. handling fentanyl and other substances; and law enforcement agencies. Section 4(c)(4) of Public Law 107–82 (21 ‘‘(3) purchasing protective equipment, in- ‘‘(4) Provision of training and technical as- U.S.C. 1521 note) is amended by striking cluding overdose reversal drugs.’’. sistance to State and local governments, law ‘‘2008 through 2012’’ and inserting ‘‘2018 enforcement agencies, health care systems, SEC. 3310. COPS ANTI-METH PROGRAM. through 2022’’. research institutions, and other stake- Section 1701 of title I of the Omnibus SEC. 3305. REAUTHORIZATION OF THE HIGH-IN- Crime Control and Safe Streets Act of 1968 holders. TENSITY DRUG TRAFFICKING AREA (34 U.S.C. 10381) is amended— ‘‘(5) Expanding upon and implementing PROGRAM. (1) by redesignating subsection (k) as sub- educational information using evidence- Section 707(p) of the Office of National section (l); and based information on substance use dis- Drug Control Policy Reauthorization Act of (2) by inserting after subsection (j) the fol- orders. 1998 (21 U.S.C. 1706(p)) is amended— lowing: ‘‘(6) Expansion of training of community (1) in paragraph (4), by striking ‘‘and’’ at ‘‘(k) COPS ANTI-METH PROGRAM.—The At- stakeholders, law enforcement officers, and the end; torney General shall use amounts otherwise families across a broad-range of addiction, (2) in paragraph (5), by striking the period appropriated to carry out this section to health, and related topics on substance use at the end and inserting ‘‘; and’’; and make competitive grants, in amounts of not disorders, local issues and community-spe- (3) by adding at the end the following: less than $1,000,000 for a fiscal year, to State cific issues related to the drug epidemic. ‘‘(6) $280,000,000 for each of fiscal years 2018 law enforcement agencies with high seizures ‘‘(7) Program evaluation. through 2022.’’. of precursor chemicals, finished meth- ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— SEC. 3306. REAUTHORIZATION OF DRUG COURT amphetamine, laboratories, and laboratory For each of fiscal years 2018 through 2022, the PROGRAM. dump seizures for the purpose of locating or Attorney General is authorized to award not Section 1001(a)(25)(A) of title I of the Omni- investigating illicit activities, such as pre- more than $10,000,000 of amounts otherwise bus Crime Control and Safe Streets Act of cursor diversion, laboratories, or meth- appropriated to the Attorney General for 1968 (34 U.S.C. 10261(a)(25)(A)) is amended by amphetamine traffickers.’’. comprehensive opioid abuse reduction activi- striking ‘‘Except as provided’’ and all that SEC. 3311. COPS ANTI-HEROIN TASK FORCE PRO- ties for purposes of carrying out this sec- follows and inserting the following: ‘‘Except GRAM. tion.’’. as provided in subparagraph (C), there is au- Section 1701 of title I of the Omnibus SEC. 3313. PROTECTING CHILDREN WITH AD- thorized to be appropriated to carry out part Crime Control and Safe Streets Act of 1968 DICTED PARENTS. EE $75,000,000 for each of fiscal years 2018 (34 U.S.C. 10381) is amended— Part D of title V of the Public Health Serv- through 2022.’’. (1) by redesignating subsection (l), as so re- ice Act (42 U.S.C. 290dd et seq.) is amended SEC. 3307. DRUG COURT TRAINING AND TECH- designated by section 3310, as subsection (m); by adding at the end the following: NICAL ASSISTANCE. and ‘‘SEC. 550. PROTECTING CHILDREN WITH AD- Section 705 of the Office of National Drug (2) by inserting after subsection (k), as DICTED PARENTS. Control Policy Reauthorization Act of 1998 added by section 3310, the following: ‘‘(a) BEST PRACTICES.—The Secretary, act- ‘‘(l) COPS ANTI-HEROIN TASK FORCE PRO- (21 U.S.C. 1704) is amended by adding at the ing through the Assistant Secretary and in GRAM.—The Attorney General shall use end the following— cooperation with the Commissioner of the amounts otherwise appropriated to carry out ‘‘(e) DRUG COURT TRAINING AND TECHNICAL Administration on Children, Youth and Fam- this section, or other amounts as appro- ASSISTANCE PROGRAM.—Using funds appro- ilies, shall collect and disseminate best prac- priated, to make competitive grants to State priated to carry out this title, the Director law enforcement agencies in States with tices for States regarding interventions and may make grants to nonprofit organizations high per capita rates of primary treatment strategies to keep families affected by a sub- for the purpose of providing training and admissions, for the purpose of locating or in- stance use disorder together, when it can be technical assistance to drug courts.’’. vestigating illicit activities, through State- done safely. Such best practices shall— SEC. 3308. DRUG OVERDOSE RESPONSE STRAT- wide collaboration, relating to the distribu- ‘‘(1) utilize comprehensive family-centered EGY. tion of heroin, fentanyl, or carfentanil or re- approaches; Section 707 of the Office of National Drug lating to the unlawful distribution of pre- ‘‘(2) ensure that families have access to Control Policy Reauthorization Act of 1998 scription opioids.’’. drug screening, substance use disorder treat- (21 U.S.C. 1706) is amended by adding at the SEC. 3312. COMPREHENSIVE ADDICTION AND RE- ment, medication-assisted treatment ap- end the following: COVERY ACT EDUCATION AND proved by the Food and Drug Administra- ‘‘(r) DRUG OVERDOSE RESPONSE STRATEGY AWARENESS. tion, and parental support; and IMPLEMENTATION.—The Director may use Title VII of the Comprehensive Addiction ‘‘(3) build upon lessons learned from— funds appropriated to carry out this section and Recovery Act of 2016 (Public Law 114–198; ‘‘(A) programs such as the maternal, in- to implement a drug overdose response strat- 130 Stat. 735) is amended by adding at the fant, and early childhood home visiting pro- egy in high intensity drug trafficking areas end the following: gram under section 511 of the Social Security on a nationwide basis by— ‘‘SEC. 709. SERVICES FOR FAMILIES AND PA- Act; and ‘‘(1) coordinating multi-disciplinary efforts TIENTS IN CRISIS. ‘‘(B) identifying substance abuse preven- to prevent, reduce, and respond to drug ‘‘(a) IN GENERAL.—The Attorney General tion and treatment services that meet the overdoses, including the uniform reporting of may make grants to entities that focus on requirements for promising, supported, or

VerDate Sep 11 2014 03:05 Sep 07, 2018 Jkt 079060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A06SE6.032 S06SEPT1 lotter on DSKBCFDHB2PROD with SENATE S6096 CONGRESSIONAL RECORD — SENATE September 6, 2018 well-supported practices specified in section of funds provided under this section to pro- Subtitle D—Synthetic Abuse and Labeling of 471(e)(4)(C) of the Social Security Act (as vide technical assistance on the establish- Toxic Substances such section shall be in effect beginning on ment or expansion of programs funded under SEC. 3401. SHORT TITLE. October 1, 2018). this section from the National Center on This subtitle may be cited as the ‘‘Syn- ‘‘(b) GRANT PROGRAM.—The Secretary shall Substance Abuse and Child Welfare. thetic Abuse and Labeling of Toxic Sub- award grants to States, units of local gov- ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— stances Act of 2017’’ or the ‘‘SALTS Act’’. ernment, and tribal governments to— For each of fiscal years 2018 through 2022, the ‘‘(1) develop programs and models designed SEC. 3402. CONTROLLED SUBSTANCE ANA- Secretary is authorized to award not more LOGUES. to keep pregnant and post-partum women than $10,000,000 of amounts otherwise appro- Section 203 of the Controlled Substances who have a substance use disorder together priated to the Secretary for comprehensive with their newborns, including programs and Act (21 U.S.C. 813) is amended— opioid abuse reduction activities for pur- (1) by striking ‘‘A controlled’’ and insert- models that provide for screenings of preg- poses of carrying out this section.’’. nant and post-partum women for substance ing ‘‘(a) IN GENERAL.—A controlled’’; and use disorders, treatment interventions, sup- SEC. 3316. PROVIDER EDUCATION. (2) by adding at the end the following: ‘‘(b) DETERMINATION.—In determining portive housing, nonpharmacological inter- Not later than 60 days after the date of en- ventions for children born with neonatal ab- whether a controlled substance analogue was actment of this Act, the Attorney General, intended for human consumption under sub- stinence syndrome, medication assisted in consultation with the Secretary of Health treatment, and other recovery supports; and section (a), evidence related to the following and Human Services, shall complete the plan factors may be considered, along with all ‘‘(2) support the attendance of children related to medical registration coordination who have a family member living with a sub- other relevant evidence: required by Senate Report 114–239, which ac- ‘‘(1) The marketing, advertising, and label- stance use disorder at therapeutic camps or companied the Veterans Care Financial Pro- other therapeutic programs aimed at addic- ing of the substance. tection Act of 2017 (Public Law 115–131; 132 ‘‘(2) The known efficacy or usefulness of tion prevention education and delaying the Stat. 334). onset of first use, providing trusted mentors the substance for the marketed, advertised, and education on coping strategies that SEC. 3317. DEMAND REDUCTION. or labeled purpose. ‘‘(3) The difference between the price at these children can use in their daily lives, Section 702(1) of the Office of National which the substance is sold and the price at and family support initiatives aimed at Drug Control Policy Reauthorization Act of which the substance it is purported to be or keeping these families together.’’. 1998 (21 U.S.C. 1701(1)) is amended— advertised as is normally sold. SEC. 3314. REIMBURSEMENT OF SUBSTANCE USE (1) by redesignating subparagraphs (F) ‘‘(4) The diversion of the substance from le- DISORDER TREATMENT PROFES- through (J) as subparagraphs (G) through gitimate channels and the clandestine im- SIONALS. (K), respectively; and portation, manufacture, or distribution of Not later than January 1, 2020, the Comp- (2) by inserting after subparagraph (E) the the substance. troller General of the United States shall following: ‘‘(5) Whether the defendant knew or should submit to Congress a report examining how ‘‘(F) support for long-term recovery from have known the substance was intended to substance use disorder services are reim- substance use disorders;’’. bursed. be consumed by injection, inhalation, inges- SEC. 3315. SOBRIETY TREATMENT AND RECOV- SEC. 3318. ANTI-DRUG MEDIA CAMPAIGN. tion, or any other immediate means. ERY TEAMS (START). Section 709 of the Office of National Drug ‘‘(c) LIMITATION.—For purposes of this sec- Title V of the Public Health Service Act Control Policy Reauthorization Act of 1998 tion, the existence of evidence that a sub- (42 U.S.C. 290dd et seq.), as amended by sec- (21 U.S.C. 1708) is amended— stance was not marketed, advertised, or la- tion 3313, is further amended by adding at (1) in the section heading, by striking beled for human consumption shall not pre- the end the following: ‘‘YOUTH’’; clude the Government from establishing, ‘‘SEC. 551. SOBRIETY TREATMENT AND RECOV- (2) in subsection (a)— based on all the evidence, that the substance ERY TEAMS. (A) in the matter preceding paragraph (1), was intended for human consumption.’’. ‘‘(a) IN GENERAL.—The Secretary may by striking ‘‘youth’’; Subtitle E—Opioid Quota Reform make grants to States, units of local govern- (B) in paragraph (1), by striking ‘‘young’’; SEC. 3501. SHORT TITLE. ment, or tribal governments to establish or (C) in paragraph (2), by striking ‘‘of adults expand Sobriety Treatment And Recovery This subtitle may be cited as the ‘‘Opioid of the impact of drug abuse on young people’’ Quota Reform Act’’. Team (referred to in this section as and inserting ‘‘among the population about ‘START’) or other similar programs to deter- SEC. 3502. STRENGTHENING CONSIDERATIONS the impact of drug abuse’’; and FOR DEA OPIOID QUOTAS. mine the effectiveness of pairing social (D) in paragraph (3), by striking ‘‘parents (a) IN GENERAL.—Section 306 of the Con- workers or mentors with families that are and other interested adults to discuss with trolled Substances Act (21 U.S.C. 826) is struggling with a substance use disorder and young people’’ and inserting ‘‘interested per- amended— child abuse or neglect in order to help pro- sons to discuss’’; and (1) in subsection (a)— vide peer support, intensive treatment, and (3) in subsection (b)(2)(C)(ii), by striking (A) by inserting ‘‘(1)’’ after ‘‘(a)’’; child welfare services to such families. ‘‘among youth’’. ‘‘(b) ALLOWABLE USES.—A grant awarded (B) in the second sentence, by striking under this section may be used for one or SEC. 3319. TECHNICAL CORRECTIONS TO THE OF- ‘‘Production’’ and inserting ‘‘Except as pro- more of the following activities: FICE OF NATIONAL DRUG CONTROL vided in paragraph (2), production’’; and ‘‘(1) Training eligible staff, including social POLICY REAUTHORIZATION ACT OF (C) by adding at the end the following: 1998. workers, social services coordinators, child ‘‘(2) The Attorney General may, if the At- welfare specialists, substance use disorder The Office of National Drug Control Policy torney General determines it will assist in treatment professionals, and mentors. Reauthorization Act of 1998 (21 U.S.C. 1701 et avoiding the overproduction, shortages, or ‘‘(2) Expanding access to substance use dis- seq.) is amended— diversion of a controlled substance, establish order treatment services and drug testing. (1) in section 703(b)(3)(E) (21 U.S.C. an aggregate or individual production quota ‘‘(3) Enhancing data sharing with law en- 1702(b)(3)(E))— under this subsection, or a procurement forcement agencies, child welfare agencies, (A) in clause (i), by adding ‘‘and’’ at the quota established by the Attorney General substance use disorder treatment providers, end; by regulation, in terms of pharmaceutical judges, and court personnel. (B) in clause (ii), by striking ‘‘; and’’ and dosage forms prepared from or containing ‘‘(4) Program evaluation and technical as- inserting a period; and the controlled substance.’’; sistance. (C) by striking clause (iii); (2) in subsection (b), in the first sentence, ‘‘(c) PROGRAM REQUIREMENTS.—A State, (2) in section 704 (21 U.S.C. 1703)— by striking ‘‘production’’ and inserting unit of local government, or tribal govern- (A) in subsection (c)(3)(C)— ‘‘manufacturing’’; ment receiving a grant under this section (i) in clause (v), by adding ‘‘and’’ at the (3) in subsection (c), by striking ‘‘October’’ shall— end; and inserting ‘‘December’’; and ‘‘(1) serve only families for which— (ii) in clause (vi), by striking ‘‘; and’’ and (4) by adding at the end the following: ‘‘(A) there is an open record with the child inserting a period; and ‘‘(i)(1)(A) In establishing any quota under welfare agency; and (iii) by striking clause (vii); and this section, or any procurement quota es- ‘‘(B) substance use disorder was a reason (B) in subsection (f)— tablished by the Attorney General by regula- for the record or finding described in para- (i) by striking the first paragraph (5); and tion, for fentanyl, oxycodone, hydrocodone, graph (1); and (ii) by striking the second paragraph (4); oxymorphone, or hydromorphone (in this ‘‘(2) coordinate any grants awarded under (3) in section 706(a)(2)(A) (21 U.S.C. subsection referred to as a ‘covered con- this section with any grant awarded under 1705(a)(2)(A))— trolled substance’), the Attorney General section 437(f) of the Social Security Act fo- (A) by striking clause (ix); and shall estimate the amount of diversion of the cused on improving outcomes for children af- (B) by redesignating clauses (x) through covered controlled substance that occurs in fected by substance abuse. (xiv) as clauses (ix) through (xiii), respec- the United States. ‘‘(d) TECHNICAL ASSISTANCE.—The Sec- tively; and ‘‘(B) In estimating diversion under this retary may reserve not more than 5 percent (4) by striking section 708 (21 U.S.C. 1707). paragraph, the Attorney General—

VerDate Sep 11 2014 03:05 Sep 07, 2018 Jkt 079060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A06SE6.032 S06SEPT1 lotter on DSKBCFDHB2PROD with SENATE September 6, 2018 CONGRESSIONAL RECORD — SENATE S6097 ‘‘(i) shall consider information the Attor- ‘‘(C) orders of controlled substances of un- (C) information regarding how the Attor- ney General, in consultation with the Sec- usual frequency; and ney General used reports of suspicious orders retary of Health and Human Services, deter- ‘‘(D) an order having any characteristic before the date of enactment of this Act and mines reliable on rates of overdose deaths that would indicate to a reasonable reg- after the date of enactment of this Act, in- and abuse and overall public health impact istrant that it is suspicious or not legiti- cluding how the Attorney General received related to the covered controlled substance mate.’’. the reports and what actions were taken in in the United States; and (b) SUSPICIOUS ORDERS.—Part C of the Con- response to the reports; and ‘‘(ii) may take into consideration whatever trolled Substances Act (21 U.S.C. 821 et seq.) (D) descriptions of the data analyses con- other sources of information the Attorney is amended by adding at the end the fol- ducted on reports of suspicious orders to General determines reliable. lowing: identify, analyze, and stop suspicious activ- ‘‘(C) After estimating the amount of diver- ‘‘SEC. 312. SUSPICIOUS ORDERS. ity. sion of a covered controlled substance, the ‘‘(a) REPORTING.—Each registrant shall— (3) ADDITIONAL REPORTS.—Not later than 1 Attorney General shall make appropriate ‘‘(1) design and operate a system to iden- year after the date of enactment of this Act, quota reductions, as determined by the At- tify suspicious orders for the registrant; and annually thereafter until the date that torney General, from the quota the Attorney ‘‘(2) ensure that the system designed and is 5 years after the date of enactment of this General would have otherwise established operated under paragraph (1) by the reg- Act, the Attorney General shall submit to had such diversion not been considered. istrant complies with applicable Federal and Congress a report providing, for the previous ‘‘(2)(A) For any year for which the ap- State privacy laws; and year— proved aggregate production quota for a cov- ‘‘(3) upon discovering a suspicious order or (A) the number of reports of suspicious or- ered controlled substance is higher than the series of orders, notify the Administrator of ders; approved aggregate production quota for the the Drug Enforcement Administration and (B) a summary of actions taken in response covered controlled substance for the previous to reports, in the aggregate, of suspicious or- year, the Attorney General shall include in the Special Agent in Charge of the Division Office of the Drug Enforcement Administra- ders; and the final order an explanation of why the (C) a description of the information shared public health benefits of increasing the tion for the area in which the registrant is located or conducts business. with States based on reports of suspicious quota clearly outweigh the consequences of orders. having an increased volume of the covered ‘‘(b) SUSPICIOUS ORDER DATABASE.— ‘‘(1) IN GENERAL.—Not later than 1 year (4) ONE TIME GAO REPORT.—Not later than 1 controlled substance available for sale, and year after the date of enactment of this Act, potential diversion, in the United States. after the date of enactment of this section, the Attorney General shall establish a cen- the Comptroller General of the United ‘‘(B) Not later than 1 year after the date of States, in consultation with the Adminis- enactment of this subsection, and every year tralized database for collecting reports of trator of the Drug Enforcement Administra- thereafter, the Attorney General shall sub- suspicious orders. tion, shall submit to Congress a report on mit to the Caucus on International Narcotics ‘‘(2) SATISFACTION OF REPORTING REQUIRE- the reporting of suspicious orders, which Control, the Committee on the Judiciary, MENTS.—If a registrant reports a suspicious shall include an evaluation of the utility of the Committee on Health, Education, Labor, order to the centralized database established real-time reporting of potential suspicious and Pensions, and the Committee on Appro- under paragraph (1), the registrant shall be orders of opioids on a national level using priations of the Senate and the Committee considered to have complied with the re- computerized algorithms, including the ex- on the Judiciary, the Committee on Energy quirement under subsection (a)(3) to notify tent to which such algorithms— and Commerce, and the Committee on Ap- the Administrator of the Drug Enforcement (A) would help ensure that potentially sus- propriations of the House of Representatives Administration and the Special Agent in the following information with regard to Charge of the Division Office of the Drug En- picious orders are more accurately captured, each covered controlled substance: forcement Administration for the area in identified, and reported in real-time to sup- ‘‘(i) An anonymized count of the total which the registrant is located or conducts pliers before orders are filled; number of manufacturers issued individual business. (B) may produce false positives of sus- manufacturing quotas that year for the cov- ‘‘(c) SHARING INFORMATION WITH THE picious order reports that could result in ered controlled substance. STATES.— market disruptions for legitimate orders of ‘‘(ii) An anonymized count of how many ‘‘(1) IN GENERAL.—The Attorney General opioids; and such manufacturers were issued an approved shall prepare and make available informa- (C) would reduce the overall length of an manufacturing quota that was higher than tion regarding suspicious orders in a State, investigation that prevents the diversion of the quota issued to that manufacturer for including information in the database estab- suspicious orders of opioids. the covered controlled substance in the pre- lished under subsection (b)(1), to the point of Subtitle G—Sense of Congress vious year. contact for purposes of administrative, civil, SEC. 3701. SENSE OF CONGRESS. ‘‘(3) Not later than 1 year after the date of and criminal oversight relating to the diver- It is the sense of Congress that: enactment of this subsection, the Attorney sion of controlled substances for the State, (1) Americans with substance use disorders General shall submit to Congress a report on as designated by the Governor or chief exec- often seek treatment through recovery how the Attorney General, when fixing and utive officer of the State. homes and clinical treatment facilities that adjusting production and manufacturing ‘‘(2) TIMING.—The Attorney General shall offer detoxification, risk reduction, out- quotas under this section for covered con- provide information in accordance with patient treatment, residential treatment, or trolled substances, will— paragraph (1) within a reasonable period of rehabilitation for substance use. Most of ‘‘(A) take into consideration changes in time after obtaining the information. those facilities provide a critical function in the accepted medical use of the covered con- ‘‘(3) COORDINATION.—In establishing the addressing substance misuse and abuse, par- trolled substances; and process for the provision of information ticularly as the incidence and prevalence of ‘‘(B) work with the Secretary of Health under this subsection, the Attorney General substance use disorders, and drug overdose and Human Services on methods to appro- shall coordinate with States to ensure that numbers continue to rise. priately and anonymously estimate the type the Attorney General has access to informa- (2) Despite the necessity of such treatment and amount of covered controlled substances tion, as permitted under State law, possessed facilities and the important services most that are submitted for collection from ap- by the States relating to prescriptions for provide, there are some bad actors in the in- proved drug collection receptacles, mail- controlled substances that will assist in en- dustry who, through telemarketing and back programs, and take-back events.’’. forcing Federal law.’’. other schemes, actively recruit patients with (b) CONFORMING CHANGE.—The Law Revi- (c) REPORTS TO CONGRESS.— private insurance so that programs can bill sion Counsel is directed to amend the head- (1) DEFINITION.—In this subsection, the the insurers without providing the necessary ing for subsection (b) of section 826 of title term ‘‘suspicious order’’ has the meaning treatment services. Often these ‘‘patient bro- 21, United States Code, by striking ‘‘PRODUC- given that term in section 102 of the Con- kers’’ are paid for each patient successfully TION’’ and inserting ‘‘MANUFACTURING’’. trolled Substances Act, as amended by this recruited. Payments are also made as a per- Subtitle F—Preventing Drug Diversion subtitle. centage of billings, which incentivizes bro- SEC. 3601. SHORT TITLE. (2) ONE TIME REPORT.—Not later than 1 kers to recommend patients even at low risk This subtitle may be cited as the ‘‘Pre- year after the date of enactment of this Act, levels to the most aggressive and most ex- venting Drug Diversion Act of 2018’’. the Attorney General shall submit to Con- pensive treatment programs. SEC. 3602. IMPROVEMENTS TO PREVENT DRUG gress a report on the reporting of suspicious (3) Unless the patient is enrolled in a Fed- DIVERSION. orders, which shall include— eral health care program, a gap in Federal (a) DEFINITION.—Section 102 of the Con- (A) a description of the centralized data- law exists with respect to patient brokers trolled Substances Act (21 U.S.C. 802) is base established under section 312 of the Con- who are improperly recruiting unsuspecting amended by adding at the end the following: trolled Substances Act, as added by this sec- patients to defraud insurance companies. ‘‘(57) The term ‘suspicious order’ includes— tion, to collect reports of suspicious orders; (4) It is important that Congress provide a ‘‘(A) an order of a controlled substance of (B) a description of the system and reports mechanism to penalize these bad actors, unusual size; established under section 312 of the Con- while minding legitimate entities who con- ‘‘(B) an order of a controlled substance de- trolled Substances Act, as added by this sec- tinue to help patients find reputable treat- viating substantially from a normal pattern; tion, to share information with States; ment programs.

VerDate Sep 11 2014 03:05 Sep 07, 2018 Jkt 079060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A06SE6.032 S06SEPT1 lotter on DSKBCFDHB2PROD with SENATE S6098 CONGRESSIONAL RECORD — SENATE September 6, 2018 TITLE IV—COMMERCE SEC. 4105. GAO REPORT ON DEPARTMENT OF of the opioid category on the list of author- Subtitle A—Fighting Opioid Abuse in TRANSPORTATION’S COLLECTION ized drugs to include fentanyl is not justi- AND USE OF DRUG AND ALCOHOL fied. Transportation TESTING DATA. (b) DEPARTMENT OF TRANSPORTATION DRUG- SEC. 4101. SHORT TITLE. (a) IN GENERAL.—Not later than 2 years This subtitle may be cited as the ‘‘Fight- TESTING PANEL.—If the expansion of the after the date the Department of Transpor- opioid category is determined to be justified ing Opioid Abuse in Transportation Act’’. tation public drug and alcohol testing data- under subsection (a)(1), the Secretary of SEC. 4102. RAIL MECHANICAL EMPLOYEE CON- base is established under section 4104, the Transportation shall publish in the Federal TROLLED SUBSTANCES AND ALCO- Comptroller General of the United States Register, not later than 18 months after the HOL TESTING. shall— (a) RAIL MECHANICAL EMPLOYEES.—Not date the final notice is published under sub- (1) review the Department of Transpor- section (a)(2), a final rule revising part 40 of later than 2 years after the date of enact- tation Drug and Alcohol Testing Manage- ment of this Act, the Secretary of Transpor- title 49, Code of Federal Regulations, to in- ment Information System; and clude fentanyl in the Department of Trans- tation shall publish a final rule in the Fed- (2) submit to the Committee on Commerce, eral Register revising the regulations pro- portation’s drug-testing panel, consistent Science, and Transportation of the Senate with the Mandatory Guidelines for Federal mulgated under section 20140 of title 49, and the Committee on Transportation and United States Code, to designate a rail me- Workplace Drug Testing Programs as revised Infrastructure of the House of Representa- by the Secretary of Health and Human Serv- chanical employee as a railroad employee re- tives a report on the review, including rec- sponsible for safety-sensitive functions for ices under subsection (a). ommendations under subsection (c). (c) SAVINGS PROVISION.—Nothing in this purposes of that section. (b) CONTENTS.—The report under sub- (b) DEFINITION OF RAIL MECHANICAL EM- section may be construed as— section (a) shall include— PLOYEE.—The Secretary shall define the (1) delaying the publication of the notices (1) a description of the process the Depart- term ‘‘rail mechanical employee’’ by regula- described in sections 4107 and 4108 until the ment of Transportation uses to collect and tion under subsection (a). Secretary of Health and Human Services record drug and alcohol testing data sub- (c) SAVINGS CLAUSE.—Nothing in this sec- makes a determination or publishes a notice mitted by employers for each mode of trans- tion may be construed as limiting or other- under this section; or portation; wise affecting the discretion of the Secretary (2) limiting or otherwise affecting any au- (2) an assessment of whether and, if so, how of Transportation to set different require- thority of the Secretary of Health and the Department of Transportation uses the ments by railroad size or other factors, con- Human Services or the Secretary of Trans- data described in paragraph (1) in carrying sistent with applicable law. portation to expand the list of authorized out its responsibilities; and SEC. 4103. RAIL YARDMASTER CONTROLLED SUB- drug testing to include an additional sub- STANCES AND ALCOHOL TESTING. (3) an assessment of the Department of stance. Transportation public drug and alcohol test- (a) YARDMASTERS.—Not later than 2 years SEC. 4107. STATUS REPORTS ON HAIR TESTING after the date of enactment of this Act, the ing database under section 4104. GUIDELINES. (c) RECOMMENDATIONS.—The report under Secretary of Transportation shall publish a (a) IN GENERAL.—Not later than 30 days subsection (a) may include recommendations final rule in the Federal Register revising after the date of enactment of this Act, and regarding— the regulations promulgated under section every 180 days thereafter until the date that (1) how the Department of Transportation 20140 of title 49, United States Code, to des- the Secretary of Health and Human Services can best use the data described in subsection ignate a yardmaster as a railroad employee publishes in the Federal Register a final no- (b)(1); responsible for safety-sensitive functions for tice of scientific and technical guidelines for (2) any improvements that could be made purposes of that section. hair testing in accordance with section to the process described in subsection (b)(1); (b) DEFINITION OF YARDMASTER.—The Sec- 5402(b) of the Fixing America’s Surface retary shall define the term ‘‘yardmaster’’ (3) whether and, if so, how the Department Transportation Act (Public Law 114–94; 129 by regulation under subsection (a). of Transportation public drug and alcohol Stat. 1312), the Secretary of Health and (c) SAVINGS CLAUSE.—Nothing in this sec- testing database under section 4104 could be Human Services shall submit to the Com- tion may be construed as limiting or other- made more effective; and mittee on Commerce, Science, and Transpor- wise affecting the discretion of the Secretary (4) such other recommendations as the tation of the Senate and the Committee on of Transportation to set different require- Comptroller General considers appropriate. Transportation and Infrastructure of the ments by railroad size or other factors, con- SEC. 4106. TRANSPORTATION WORKPLACE DRUG House of Representatives a report on— sistent with applicable law. AND ALCOHOL TESTING PROGRAM; (1) the status of the hair testing guidelines; ADDITION OF FENTANYL. SEC. 4104. DEPARTMENT OF TRANSPORTATION (2) an explanation for why the hair testing (a) MANDATORY GUIDELINES FOR FEDERAL PUBLIC DRUG AND ALCOHOL TEST- guidelines have not been issued; ING DATABASE. WORKPLACE DRUG TESTING PROGRAMS.— (3) a schedule, including benchmarks, for (a) IN GENERAL.—Subject to subsection (c), (1) IN GENERAL.—Not later than 180 days the completion of the hair testing guide- the Secretary of Transportation shall— after the date of enactment of this Act, the lines; and (1) not later than March 31, 2019, establish Secretary of Health and Human Services (4) an estimated date of completion of the and make publicly available on its website a shall determine whether a revision of the hair testing guidelines. database of the drug and alcohol testing data Mandatory Guidelines for Federal Workplace (b) REQUIREMENT.—To the extent prac- reported by employers for each mode of Drug Testing Programs to expand the opioid ticable and consistent with the objective of transportation; and category on the list of authorized drug test- the hair testing described in subsection (a) (2) update the database annually. ing to include fentanyl is justified, based on to detect illegal or unauthorized use of sub- (b) CONTENTS.—The database under sub- the reliability and cost-effectiveness of stances by the individual being tested, the section (a) shall include, for each mode of available testing. final notice of scientific and technical guide- transportation— (2) REVISION OF GUIDELINES.—If the expan- lines under that subsection, as determined (1) the total number of drug and alcohol sion of the opioid category is determined to by the Secretary of Health and Human Serv- tests by type of substance tested; be justified under paragraph (1), the Sec- ices, shall eliminate the risk of positive test (2) the drug and alcohol test results by retary of Health and Human Services shall— results of the individual being tested caused type of substance tested; (A) notify the Committee on Commerce, solely by the drug use of others and not (3) the reason for the drug or alcohol test, Science, and Transportation of the Senate caused by the drug use of the individual such as pre-employment, random, post-acci- and the Committee on Transportation and being tested. dent, reasonable suspicion or cause, return- Infrastructure of the House of Representa- SEC. 4108. MANDATORY GUIDELINES FOR FED- to-duty, or follow-up, by type of substance tives of the determination; and ERAL WORKPLACE DRUG TESTING tested; and (B) publish in the Federal Register, not PROGRAMS USING ORAL FLUID. (4) the number of individuals who refused later than 18 months after the date of the de- (a) DEADLINE.—Not later than December 31, testing. termination under that paragraph, a final 2018, the Secretary of Health and Human (c) COMMERCIALLY SENSITIVE DATA.—The notice of the revision of the Mandatory Services shall publish in the Federal Reg- Department of Transportation shall not re- Guidelines for Federal Workplace Drug Test- ister a final notice of the Mandatory Guide- lease any commercially sensitive data fur- ing Programs to expand the opioid category lines for Federal Workplace Drug Testing nished by an employer under this section un- on the list of authorized drug testing to in- Programs using Oral Fluid, based on the no- less the data is aggregated or otherwise in a clude fentanyl. tice of proposed mandatory guidelines pub- form that does not identify the employer (3) REPORT.—If the expansion of the opioid lished in the Federal Register on May 15, 2015 providing the data. category is determined not to be justified (80 Fed. Reg. 28054). (d) SAVINGS CLAUSE.—Nothing in this sec- under paragraph (1), the Secretary of Health (b) REQUIREMENT.—To the extent prac- tion may be construed as limiting or other- and Human Services shall submit to the ticable and consistent with the objective of wise affecting the requirements of the Sec- Committee on Commerce, Science, and the testing described in subsection (a) to de- retary of Transportation to adhere to re- Transportation of the Senate and the Com- tect illegal or unauthorized use of substances quirements applicable to confidential busi- mittee on Transportation and Infrastructure by the individual being tested, the final no- ness information and sensitive security in- of the House of Representatives a report ex- tice of scientific and technical guidelines formation, consistent with applicable law. plaining, in detail, the reasons the expansion under that subsection, as determined by the

VerDate Sep 11 2014 03:05 Sep 07, 2018 Jkt 079060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A06SE6.032 S06SEPT1 lotter on DSKBCFDHB2PROD with SENATE September 6, 2018 CONGRESSIONAL RECORD — SENATE S6099

Secretary of Health and Human Services, (1) OPIOID TREATMENT PRODUCT.—The term (B) INTERVENTION BY FEDERAL TRADE COM- shall eliminate the risk of positive test re- ‘‘opioid treatment product’’ means a prod- MISSION.—The Federal Trade Commission sults of the individual being tested caused uct, including any supplement or medica- may— solely by the drug use of others and not tion, for use or marketed for use in the (i) intervene in any civil action brought by caused by the drug use of the individual treatment, cure, or prevention of an opioid the attorney general of a State under para- being tested. use disorder. graph (1); and (c) RULE OF CONSTRUCTION.—Nothing in (2) OPIOID TREATMENT PROGRAM.—The term (ii) upon intervening— this section may be construed as requiring ‘‘opioid treatment program’’ means a pro- (I) be heard on all matters arising in the the Secretary of Health and Human Services gram that provides treatment for people di- civil action; and to reissue a notice of proposed mandatory agnosed with, having, or purporting to have (II) file petitions for appeal. guidelines to carry out subsection (a). an opioid use disorder. (3) INVESTIGATORY POWERS.—Nothing in SEC. 4109. ELECTRONIC RECORDKEEPING. (3) OPIOID USE DISORDER.—The term ‘‘opioid this subsection shall be construed to prevent (a) DEADLINE.—Not later than 1 year after use disorder’’ means a cluster of cognitive, the attorney general of a State from exer- the date of enactment of this Act, the Sec- behavioral, or physiological symptoms in cising the powers conferred on the attorney retary of Health and Human Services shall— which the individual continues use of opioids general by the laws of the State to conduct (1) ensure that each certified laboratory despite significant opioid-induced problems, investigations, to administer oaths or affir- that requests approval for the use of com- such as adverse health effects. mations, or to compel the attendance of wit- pletely paperless electronic Federal Drug nesses or the production of documentary or SEC. 4203. FALSE OR MISLEADING REPRESENTA- Testing Custody and Control Forms from the TIONS WITH RESPECT TO OPIOID other evidence. National Laboratory Certification Program’s TREATMENT PROGRAMS AND PROD- (4) PREEMPTIVE ACTION BY FEDERAL TRADE Electronic Custody and Control Form sys- UCTS. COMMISSION.—If the Federal Trade Commis- tems receives approval for those completely sion or the Attorney General on behalf of the (a) UNLAWFUL ACTIVITY.—It is unlawful to paperless electronic forms instead of forms Commission institutes a civil action, or the make any deceptive representation with re- that include any combination of electronic Federal Trade Commission institutes an ad- spect to the cost, price, efficacy, perform- traditional handwritten signatures executed ministrative action, with respect to a viola- ance, benefit, risk, or safety of any opioid on paper forms; and tion of subsection (a), the attorney general treatment program or opioid treatment (2) establish a deadline for a certified lab- of a State may not, during the pendency of product. oratory to request approval under paragraph that action, bring a civil action under para- (1). (b) ENFORCEMENT BY THE FEDERAL TRADE graph (1) against any defendant or respond- (b) SAVINGS CLAUSE.—Nothing in this sec- COMMISSION.— ent named in the complaint of the Commis- tion may be construed as limiting or other- (1) UNFAIR OR DECEPTIVE ACTS OR PRAC- sion for the violation with respect to which wise affecting any authority of the Secretary TICES.—A violation of subsection (a) shall be the Commission instituted such action. of Health and Human Services to grant ap- treated as a violation of a rule under section (5) VENUE; SERVICE OF PROCESS.— proval to a certified laboratory for use of 18 of the Federal Trade Commission Act (15 (A) VENUE.—Any action brought under completely paperless electronic Federal U.S.C. 57a) regarding unfair or deceptive acts paragraph (1) may be brought in any district Drug Testing Custody and Control Forms, or practices. court of the United States that meets appli- including to grant approval outside of the (2) POWERS OF THE FEDERAL TRADE COMMIS- cable requirements relating to venue under process under subsection (a). SION.— section 1391 of title 28, United States Code. (c) ELECTRONIC SIGNATURES.—Not later (A) IN GENERAL.—The Federal Trade Com- (B) SERVICE OF PROCESS.—In an action than 18 months after the date of the deadline mission shall enforce this section in the brought under paragraph (1), process may be under subsection (a)(2), the Secretary of same manner, by the same means, and with served in any district in which the defend- Transportation shall issue a final rule revis- the same jurisdiction, powers, and duties as ant— ing part 40 of title 49, Code of Federal Regu- though all applicable terms and provisions of (i) is an inhabitant; or lations, to authorize, to the extent prac- the Federal Trade Commission Act (15 U.S.C. (ii) may be found. ticable, the use of electronic signatures or 41 et seq.) were incorporated into and made (6) ACTIONS BY OTHER STATE OFFICIALS.—In digital signatures executed to electronic a part of this section. addition to civil actions brought by attor- forms instead of traditional handwritten sig- (B) PRIVILEGES AND IMMUNITIES.—Any per- neys general under paragraph (1), any other natures executed on paper forms. son who violates subsection (a) shall be sub- consumer protection officer of a State who is SEC. 4110. STATUS REPORTS ON COMMERCIAL ject to the penalties and entitled to the authorized by the State to do so may bring DRIVER’S LICENSE DRUG AND ALCO- privileges and immunities provided in the a civil action under paragraph (1), subject to HOL CLEARINGHOUSE. Federal Trade Commission Act as though all the same requirements and limitations that (a) IN GENERAL.—Not later than 180 days applicable terms and provisions of the Fed- apply under this subsection to civil actions after the date of enactment of this Act, and eral Trade Commission Act (15 U.S.C. 41 et brought by attorneys general. biannually thereafter until the compliance seq.) were incorporated and made part of this (d) AUTHORITY PRESERVED.—Nothing in date, the Administrator of the Federal Motor section. this title shall be construed to limit the au- Carrier Safety Administration shall submit (c) ENFORCEMENT BY STATES.— thority of the Federal Trade Commission or to the Committee on Commerce, Science, (1) IN GENERAL.—Except as provided in the Food and Drug Administration under and Transportation of the Senate and the paragraph (4), in any case in which the attor- any other provision of law. Committee on Transportation and Infra- ney general of a State has reason to believe structure of the House of Representatives a that an interest of the residents of the State SA 4014. Mr. MCCONNELL (for Mr. status report on implementation of the final has been or is threatened or adversely af- ALEXANDER) proposed an amendment to rule for the Commercial Driver’s License fected by any person who violates subsection the bill H.R. 302, to provide protections Drug and Alcohol Clearinghouse (81 Fed. (a), the attorney general of the State, as Reg. 87686), including— for certain sports medicine profes- parens patriae, may bring a civil action on (1) an updated schedule, including bench- sionals who provide certain medical behalf of the residents of the State in an ap- marks, for implementing the final rule as services in a secondary State; as fol- propriate district court of the United States soon as practicable, but not later than the lows: to obtain appropriate relief. compliance date; and (2) RIGHTS OF FEDERAL TRADE COMMISSION.— Strike all after the enacting clause and in- (2) a description of each action the Federal (A) NOTICE TO FEDERAL TRADE COMMIS- sert the following: Motor Carrier Safety Administration is tak- SION.— SECTION 1. SHORT TITLE. ing to implement the final rule before the (i) IN GENERAL.—Except as provided in This Act may be cited as the Sports Medi- compliance date. clause (iii), the attorney general of a State cine Licensure Clarity Act of 2017. (b) DEFINITION OF COMPLIANCE DATE.—In this section, the term ‘‘compliance date’’ shall notify the Federal Trade Commission SEC. 2. PROTECTIONS FOR COVERED SPORTS MEDICINE PROFESSIONALS. means the earlier of— in writing that the attorney general intends (a) IN GENERAL.—In the case of a covered (1) January 6, 2020; or to bring a civil action under paragraph (1) sports medicine professional who has in ef- (2) the date that the national clearing- before initiating the civil action. ONTENTS.—The notification required fect medical professional liability insurance house required under section 31306a of title (ii) C by clause (i) with respect to a civil action coverage and provides in a secondary State 49, United States Code, is operational. shall include a copy of the complaint to be covered medical services that are within the Subtitle B—Opioid Addiction Recovery Fraud filed to initiate the civil action. scope of practice of such professional in the Prevention (iii) EXCEPTION.—If it is not feasible for the primary State to an athlete or an athletic SEC. 4201. SHORT TITLE. attorney general of a State to provide the team (or a staff member of such an athlete This subtitle may be cited as the ‘‘Opioid notification required by clause (i) before ini- or athletic team) pursuant to an agreement Addiction Recovery Fraud Prevention Act of tiating a civil action under paragraph (1), described in subsection (c)(4) with respect to 2018’’. the attorney general shall notify the Federal such athlete or athletic team— SEC. 4202. DEFINITIONS. Trade Commission immediately upon insti- (1) such medical professional liability in- In this subtitle: tuting the civil action. surance coverage shall cover (subject to any

VerDate Sep 11 2014 03:05 Sep 07, 2018 Jkt 079060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A06SE6.032 S06SEPT1 lotter on DSKBCFDHB2PROD with SENATE S6100 CONGRESSIONAL RECORD — SENATE September 6, 2018

related premium adjustments) such profes- disclosed the nature and extent of such serv- COMMITTEE ON FOREIGN RELATIONS sional with respect to such covered medical ices to the entity that provides the profes- The Committee on Foreign Relations services provided by the professional in the sional with liability insurance in the pri- is authorized to meet during the ses- secondary State to such an individual or mary State. sion of the Senate on Thursday, Sep- team as if such services were provided by (5) HEALTH CARE FACILITY.—The term such professional in the primary State to ‘‘health care facility’’ means a facility in tember 6, 2018, at 10 a.m., to conduct a such an individual or team; and which medical care, diagnosis, or treatment business meeting. (2) to the extent such professional is li- is provided on an inpatient or outpatient COMMITTEE ON THE JUDICIARY censed under the requirements of the pri- basis. Such term does not include facilities The Committee on the Judiciary is mary State to provide such services to such at an arena, stadium, or practice facility, or authorized to meet during the session an individual or team, the professional shall temporary facilities existing for events of the Senate on Thursday, September be treated as satisfying any licensure re- where athletes or athletic teams may com- quirements of the secondary State to provide pete. 6, 2018, at 9:30 a.m., to conduct a hear- such services to such an individual or team (6) INSTITUTION OF HIGHER EDUCATION.—The ing entitled ‘‘The nomination of the to the extent the licensure requirements of term ‘‘institution of higher education’’ has Honorable Brett M. Kavanaugh to be the secondary State are substantially simi- the meaning given such term in section 101 an Associate Justice of the Supreme lar to the licensure requirements of the pri- of the Higher Education Act of 1965 (20 U.S.C. Court of the United States.’’ mary State. 1001). SUBCOMMITTEE ON TRANSPORTATION AND (b) RULE OF CONSTRUCTION.—Nothing in (7) LICENSE.—The term ‘‘license’’ or ‘‘licen- INFRASTRUCTURE this section shall be construed— sure’’, as applied with respect to a covered (1) to allow a covered sports medicine pro- sports medicine professional, means a profes- The Subcommittee on Transpor- fessional to provide medical services in the sional that has met the requirements and is tation and Infrastructure of the Com- secondary State that exceed the scope of approved to provide covered medical services mittee on Environment and Public that professional’s license in the primary in accordance with State laws and regula- Works is authorized to meet during the State; tions in the primary State. Such term may session of the Senate on Thursday, (2) to allow a covered sports medicine pro- include the registration or certification, or fessional to provide medical services in the September 6, 2018, at 9:30 a.m., to con- any other form of special recognition, of an duct a hearing on the nomination of secondary State that exceed the scope of a individual as such a professional, as applica- substantially similar sports medicine profes- Harold B. Parker, to be Federal Co- ble. sional license in the secondary State; (8) NATIONAL GOVERNING BODY.—The term chairperson of the Northern Border Re- (3) to supersede any reciprocity agreement ‘‘national governing body’’ has the meaning gional Commission. in effect between the two States regarding given such term in section 220501 of title 36, such services or such professionals; United States Code. f (4) to supersede any interstate compact (9) PRIMARY STATE.—The term ‘‘primary agreement entered into by the two States re- State’’ means, with respect to a covered garding such services or such professionals; TO CONSTITUTE THE MAJORITY sports medicine professional, the State in or PARTY’S MEMBERSHIP ON CER- which— (5) to supersede a licensure exemption the TAIN COMMITTEES (A) the covered sports medicine profes- secondary State provides for sports medicine Mr. MCCONNELL. Mr. President, I professionals licensed in the primary State. sional is licensed to practice; and (c) DEFINITIONS.—In this Act, the following (B) the majority of the covered sports med- ask unanimous consent that the Sen- definitions apply: icine professional’s practice is underwritten ate proceed to the consideration of S. (1) ATHLETE.—The term ‘‘athlete’’ means— for medical professional liability insurance Res. 623, submitted earlier today. (A) an individual participating in a sport- coverage. The PRESIDING OFFICER. The ing event or activity for which the individual (10) SECONDARY STATE.—The term ‘‘sec- clerk will report the resolution by may be paid; ondary State’’ means, with respect to a cov- ered sports medicine professional, any State title. (B) an individual participating in a sport- The senior assistant legislative clerk ing event or activity sponsored or sanctioned that is not the primary State. by a national governing body; or (11) STATE.—The term ‘‘State’’ means each read as follows: (C) an individual for whom a high school or of the several States, the District of Colum- A resolution (S. Res. 623) to constitute the institution of higher education provides a bia, and each commonwealth, territory, or majority party’s membership on certain covered sports medicine professional. possession of the United States. committees for the One Hundred Fifteenth (2) ATHLETIC TEAM.—The term ‘‘athletic (12) SUBSTANTIALLY SIMILAR.—The term Congress, or until their successors are cho- team’’ means a sports team— ‘‘substantially similar’’, with respect to the sen. (A) composed of individuals who are paid licensure by primary and secondary States of There being no objection, the Senate a sports medicine professional, means that to participate on the team; proceeded to consider the resolution. (B) composed of individuals who are par- both the primary and secondary States have Mr. MCCONNELL. I ask unanimous ticipating in a sporting event or activity in place a form of licensure for such profes- sponsored or sanctioned by a national gov- sionals that permits such professionals to consent that the resolution be agreed erning body; or provide covered medical services. to and the motion to reconsider be con- (C) for which a high school or an institu- sidered made and laid upon the table tion of higher education provides a covered f with no intervening action or debate. sports medicine professional. The PRESIDING OFFICER. Without (3) COVERED MEDICAL SERVICES.—The term AUTHORITY FOR COMMITTEES TO objection, it is so ordered. ‘‘covered medical services’’ means general MEET The resolution (S. Res. 623) was medical care, emergency medical care, ath- Mr. MCCONNELL. Mr. President, I agreed to. letic training, or physical therapy services. Such term does not include care provided by have 4 requests for committees to meet (The resolution is printed in today’s a covered sports medicine professional— during today’s session of the Senate. RECORD under ‘‘Submitted Resolu- (A) at a health care facility; or They have the approval of the Majority tions.’’) (B) while a health care provider licensed to and Minority leaders. practice in the secondary State is trans- Pursuant to rule XXVI, paragraph f porting the injured individual to a health 5(a), of the Standing Rules of the Sen- care facility. ate, the following committees are au- RECESS SUBJECT TO CALL OF THE (4) COVERED SPORTS MEDICINE PROFES- thorized to meet during today’s session CHAIR SIONAL.—The term ‘‘covered sports medicine professional’’ means a physician, athletic of the Senate: Mr. MCCONNELL. Mr. President, I trainer, or other health care professional COMMITTEE ON BANKING, HOUSING, AND URBAN ask unanimous consent that the Sen- who— AFFAIRS ate stand in recess subject to the call (A) is licensed to practice in the primary The Committee on Banking, Housing, of the Chair. State; and Urban Affairs is authorized to There being no objection, the Senate, (B) provides covered medical services, pur- meet during the session of the Senate at 2:43 p.m., recessed subject to the call suant to a written agreement with an ath- on Thursday, September 6, 2018, at 10 of the Chair and reassembled at 5:21 lete, an athletic team, a national governing body, a high school, or an institution of a.m., to conduct a hearing entitled p.m. when called to order by the Pre- higher education; and ‘‘Outside Perspectives on Russia Sanc- siding Officer (Mr. CASSIDY). (C) prior to providing the covered medical tions: Current Effectiveness and poten- The PRESIDING OFFICER. The ma- services described in subparagraph (B), has tial next steps.’’ jority leader is recognized.

VerDate Sep 11 2014 03:05 Sep 07, 2018 Jkt 079060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A06SE6.034 S06SEPT1 lotter on DSKBCFDHB2PROD with SENATE September 6, 2018 CONGRESSIONAL RECORD — SENATE S6101 INTERIOR, ENVIRONMENT, FINAN- Aderholt, Rogers of Kentucky, Mrs. Roby, ate vote on the nominations en bloc CIAL SERVICES AND GENERAL Mrs. Lowey, Mr. Visclosky, Mses. DeLauro, with no intervening action or debate; GOVERNMENT, AGRICULTURE, Roybal-Allard, and McCollum, be the man- that if confirmed, the motions to re- RURAL DEVELOPMENT, FOOD agers of the conference on the part of the consider be considered made and laid House. AND DRUG ADMINISTRATION, upon the table en bloc; that the Presi- COMPOUND MOTION AND TRANSPORTATION, HOUSING dent be immediately notified of the Mr. MCCONNELL. I move that the AND URBAN DEVELOPMENT AP- Senate’s action; that no further mo- Senate insist on its amendment, agree PROPRIATIONS ACT, 2019 tions be in order; and that any state- to the request of the House for a con- ments relating to the nominations be Mr. MCCONNELL. Mr. President, I ference, and authorize the Chair to ap- printed in the RECORD. ask that the Chair lay before the Sen- point conferees on the part of the Sen- The PRESIDING OFFICER. Without ate the message to accompany H.R. ate at a ratio of 4 to 3. objection, it is so ordered. 6147. I know of no further debate on the The question is, Will the Senate ad- The Presiding Officer laid before the motion. Senate the following message from the The PRESIDING OFFICER. If there vise and consent to the Hammer, House of Representatives: is no further debate, the question is on Hogan, Kosnett, Sullivan, and Reinke Resolved, That the House disagree to the agreeing to the motion. nominations en bloc? amendment of the Senate to the bill (H.R. The motion was agreed to. The nominations were confirmed en bloc. 6147) entitled ‘‘An Act making appropria- APPOINTMENT OF CONFEREES tions for the Department of the Interior, en- The PRESIDING OFFICER. The f vironment, and related agencies for the fis- cal year ending September 30, 2019, and for Chair appoints the following conferees EXECUTIVE CALENDAR on the part of the Senate: other purposes.’’, and ask a conference with Mr. MCCONNELL. Mr. President, I The Presiding Officer appointed Mr. the Senate on the disagreeing votes of the ask unanimous consent that the Sen- SHELBY, Mr. BLUNT, Mr. GRAHAM, Mr. two Houses thereon. ate proceed to the consideration of Cal- Ordered, That Messrs. Frelinghuysen, Ader- MORAN, Mr. DURBIN, Mrs. MURRAY, and endar Nos. 1001, 1002, 1003 and all nomi- holt, Simpson, Calvert, Cole, Diaz-Balart, Mr. LEAHY conferees on the part of the nations placed on the Secretary’s desk Graves of Georgia, Young of Iowa, Ruther- Senate. ford, Mrs. Lowey, Messrs. Price of North in the Foreign Service; that the nomi- Carolina, Bishop of Georgia, Ms. McCollum, f nations be confirmed; that the motions Mr. Quigley, and Ms. Pingree, be the man- EXECUTIVE SESSION to reconsider be considered made and agers of the conference on the part of the laid upon table with no intervening ac- House. tion or debate; that no further motions COMPOUND MOTION EXECUTIVE CALENDAR be in order; that any statements re- Mr. MCCONNELL. Mr. President, I Mr. MCCONNELL. Mr. President, I lated to the nominations be printed in move that the Senate insist on its ask unanimous consent that the Sen- the RECORD; that the President be im- amendment, agree to the request by ate proceed to executive session for the mediately notified of the Senate’s ac- the House for a conference, and author- en bloc consideration of the following tion, and the Senate then resume legis- ize the Chair to appoint conferees on nominations: Executive Calendar Nos. lative session. the part of the Senate at a ratio of 6 to 1054, 1055, 1056, 1058, and 1059. The PRESIDING OFFICER. Without 5. The PRESIDING OFFICER. Without objection, it is so ordered. I know of no further debate on the objection, it is so ordered. The nominations considered and con- motion. The clerk will report the nomina- firmed are as follows: The PRESIDING OFFICER. If there tions en bloc. IN THE DEPARTMENT OF STATE is no further debate on the motion, the The senior assistant legislative clerk Randy W. Berry, of Colorado, a Career question is on agreeing to the motion. read the nominations of Michael A. Member of the Senior Foreign Service, Class The motion was agreed to. Hammer, of Maryland, a Career Mem- of Minister-Counselor, to be Ambassador Ex- APPOINTMENT OF CONFEREES ber of the Senior Foreign Service, traordinary and Plenipotentiary of the The PRESIDING OFFICER. The Class of Minister-Counselor, to be Am- United States of America to the Federal Chair appoints the following conferees bassador Extraordinary and Pleni- Democratic Republic of Nepal. on the part of the Senate. potentiary of the United States of Donald Lu, of California, a Career Member The PRESIDING OFFICER appointed America to the Democratic Republic of of the Senior Foreign Service, Class of Min- the Congo; Dereck J. Hogan, of Vir- ister-Counselor, to be Ambassador Extraor- Ms. MURKOWSKI, Ms. COLLINS, Mr. dinary and Plenipotentiary of the United LANKFORD, Mr. HOEVEN, Mr. SHELBY, ginia, a Career Member of the Senior States of America to the Kyrgyz Republic. Mrs. HYDE-SMITH, Mr. UDALL, Mr. Foreign Service, Class of Counselor, to Alaina B. Teplitz, of Colorado, a Career REED, Mr. COONS, Mr. MERKLEY, and be Ambassador Extraordinary and Member of the Senior Foreign Service, Class Mr. LEAHY conferees on the part of the Plenipotentiary of the United States of of Minister-Counselor, to be Ambassador Ex- Senate. America to the Republic of Moldova; traordinary and Plenipotentiary of the United States of America to the Democratic f Philip S. Kosnett, of Virginia, a Career Member of the Senior Foreign Service, Socialist Republic of Sri Lanka, and to serve DEPARTMENT OF DEFENSE AND Class of Counselor, to be Ambassador concurrently and without additional com- LABOR, HEALTH AND HUMAN pensation as Ambassador Extraordinary and Extraordinary and Plenipotentiary of Plenipotentiary of the United States of SERVICES, AND EDUCATION AP- the United States of America to the PROPRIATIONS ACT, 2019 America to the Republic of Maldives. Republic of Kosovo; Stephanie Sanders NOMINATIONS PLACED ON THE SECRETARY’S C Mr. M CONNELL. Mr. President, I Sullivan, of Maryland, a Career Mem- DESK ask that the Chair lay before the Sen- ber of the Senior Foreign Service, IN THE FOREIGN SERVICE ate the message to accompany H.R. Class of Minister-Counselor, to be Am- 6157. PN1743 FOREIGN SERVICE nominations bassador Extraordinary and Pleni- (27) beginning Michael Calvert, and ending The Presiding Officer laid before the potentiary of the United States of Marvin Smith, which nominations were re- Senate the following message from the America to the Republic of Ghana; and ceived by the Senate and appeared in the House of Representatives: Judy Rising Reinke, of Virginia, a Ca- Congressional Record of March 12, 2018. Resolved, That the House disagree to the reer Member of the Senior Foreign PN1800—1 FOREIGN SERVICE nomina- amendment of the Senate to the bill (H.R. Service, Class of Career Minister, to be tions (12) beginning Polly Catherine 6157) entitled ‘‘An Act making appropria- Ambassador Extraordinary and Pleni- Dunford-Zahar, and ending William M. Pat- tions for the Department of Defense for the potentiary of the United States of terson, which nominations were received by fiscal year ending September 30, 2019, and for the Senate and appeared in the Congres- other purposes.’’, and ask a conference with America to Montenegro. sional Record of April 9, 2018. the Senate on the disagreeing votes of the Thereupon, the Senate proceeded to PN1800—2 FOREIGN SERVICE nomination two Houses thereon. consider the nominations en bloc. of Tanya S. Urquieta, which was received by Ordered, That Mr. Frelinghuysen, Ms. Mr. MCCONNELL. Mr. President, I the Senate iand appeared in the Congres- Granger, Messrs. Cole, Calvert, Womack, ask unanimous consent that the Sen- sional Record of April 9, 2018.

VerDate Sep 11 2014 03:17 Sep 07, 2018 Jkt 079060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\G06SE6.019 S06SEPT1 lotter on DSKBCFDHB2PROD with SENATE S6102 CONGRESSIONAL RECORD — SENATE September 6, 2018 PN1801—1 FOREIGN SERVICE nomina- (i) is carried out on public land adminis- (i) any activity conducted in a wilderness tions (4) beginning Sandillo Banerjee, and tered by the Bureau of Land Management; area or wilderness study area; or ending Robert Peaslee, which nominations (ii) meets the objectives of the order of the (ii) any activity for the construction of a were received by the Senate and appeared in Secretary numbered 3336 and dated January permanent road or permanent trail. the Congressional Record of April 9, 2018. 5, 2015; (2) SECRETARY.—The term ‘‘Secretary’’ PN1802—1 FOREIGN SERVICE nomination (iii) conforms to an applicable land use means the Secretary of the Interior. of Peter A. Malnak, which was received by plan; (3) TEMPORARY ROAD.—The term ‘‘tem- the Senate and appeared in the Congres- (iv) protects, restores, or improves greater porary road’’ means a road that is— sional Record of April 9, 2018. sage-grouse or mule deer habitat in a sage- (A) authorized— PN1802—2 FOREIGN SERVICE nomination brush steppe ecosystem as described in— (i) by a contract, permit, lease, other writ- of Maureen A. Shauket, which was received (I) Circular 1416 of the United States Geo- ten authorization; or by the Senate and appeared in the Congres- logical Survey entitled ‘‘Restoration Hand- (ii) pursuant to an emergency operation; sional Record of April 9, 2018. book for Sagebrush Steppe Ecosystems with (B) not intended to be part of the perma- PN2132 FOREIGN SERVICE nomination of Emphasis on Greater Sage-Grouse Habitat— nent transportation system of a Federal de- Jason Alexander, which was received by the Part 1. Concepts for Understanding and Ap- partment or agency; Senate and appeared in the Congressional plying Restoration’’ (2015); or (C) not necessary for long-term resource Record of June 11, 2018. (II) the habitat guidelines for mule deer management; PN2319 FOREIGN SERVICE nominations published by the Mule Deer Working Group (D) designed in accordance with standards (4) beginning Philip S. Goldberg, and ending of the Western Association of Fish and Wild- appropriate for the intended use of the road, Daniel Bennett Smith, which nominations life Agencies; taking into consideration— were received by the Senate and appeared in (v) will not permanently impair— (i) safety; the Congressional Record of July 18, 2018. (I) the natural state of the treated area; (ii) the cost of transportation; and PN2371 FOREIGN SERVICE nominations (II) outstanding opportunities for solitude; (iii) impacts to land and resources; and (71) beginning Ami J. Abou-Bakr, and ending (III) outstanding opportunities for primi- (E) managed to minimize— Emily Yu, which nominations were received tive, unconfined recreation; (i) erosion; and by the Senate and appeared in the Congres- (IV) economic opportunities consistent (ii) the introduction or spread of invasive sional Record of July 31, 2018. with multiple-use management; or species. (V) the identified values of a unit of the f National Landscape Conservation System; SEC. 3. IMPROVEMENT OF HABITAT FOR GREAT- LEGISLATIVE SESSION and ER SAGE-GROUSE AND MULE DEER. (vi)(I) restores native vegetation following (a) CATEGORICAL EXCLUSION.— The PRESIDING OFFICER. Under a natural disturbance; (1) IN GENERAL.—Not later than 1 year after the previous order, the Senate will now (II) prevents the expansion into greater the date of the enactment of this Act, the resume legislative session. sage-grouse or mule deer habitat of— Secretary shall develop 1 or more categorical f (aa) juniper, pinyon pine, or other associ- exclusions (as defined in section 1508.4 of ated conifers; or title 40, Code of Federal Regulations (or a SAGE-GROUSE AND MULE DEER (bb) nonnative or invasive vegetation; successor regulation)) for covered vegetation HABITAT CONSERVATION AND (III) reduces the risk of loss of greater management activities carried out to pro- RESTORATION ACT OF 2017 sage-grouse or mule deer habitat from wild- tect, restore, or improve habitat for greater fire or any other natural disturbance; or sage-grouse or mule deer. Mr. MCCONNELL. Mr. President, I (IV) provides emergency stabilization of (2) ADMINISTRATION.—In developing and ad- ask unanimous consent that the Com- soil resources after a natural disturbance. ministering a categorical exclusion under mittee on Environment and Public (B) DESCRIPTION OF ACTIVITIES.—An activ- paragraph (1), the Secretary shall— Works be discharged from further con- ity referred to in subparagraph (A) is— (A) comply with the National Environ- sideration of S. 1417 and the Senate (i) manual cutting and removal of juniper mental Policy Act of 1969 (42 U.S.C. 4321 et proceed to its immediate consider- trees, pinyon pine trees, other associated seq.); ation. conifers, or other nonnative or invasive vege- (B) apply the extraordinary circumstances The PRESIDING OFFICER. Without tation; procedures under section 220.6 of title 36, (ii) mechanical mastication, cutting, or objection, it is so ordered. Code of Federal Regulations (or successor mowing, mechanical piling and burning, regulations), in determining whether to use The clerk will report the bill by title. chaining, broadcast burning, or yarding; the categorical exclusion; and The legislative clerk read as follows: (iii) removal of cheat grass, medusa head (C) consider— A bill (S. 1417) to require the Secretary of rye, or other nonnative, invasive vegetation; (i) the relative efficacy of landscape-scale the Interior to develop a categorical exclu- (iv) collection and seeding or planting of habitat projects; sion for covered vegetative management ac- native vegetation using a manual, mechan- (ii) the likelihood of continued declines in tivities carried out to establish or improve ical, or aerial method; the populations of greater sage-grouse and habitat for greater sage-grouse and mule (v) seeding of nonnative, noninvasive, mule deer in the absence of landscape-scale deer, and for other purposes. ruderal vegetation only for the purpose of vegetation management; and emergency stabilization; (iii) the need for habitat restoration activi- There being no objection, the Senate (vi) targeted use of an herbicide, subject to proceeded to consider the bill. ties after wildfire or other natural disturb- the condition that the use shall be in accord- ances. Mr. MCCONNELL. Mr. President, I ance with applicable legal requirements, (b) IMPLEMENTATION OF COVERED VEGETA- ask unanimous consent that the Hatch Federal agency procedures, and land use TIVE MANAGEMENT ACTIVITIES WITHIN THE amendment at the desk be agreed to; plans; RANGE OF GREATER SAGE-GROUSE AND MULE (vii) targeted livestock grazing to mitigate that the bill, as amended, be considered DEER.—If a categorical exclusion developed hazardous fuels and control noxious and read a third time and passed; and that under subsection (a) is used to implement a invasive weeds; the motion to reconsider be considered covered vegetative management activity in (viii) temporary removal of wild horses or an area within the range of both greater made and laid upon the table. burros in the area in which the activity is sage-grouse and mule deer, the covered vege- The PRESIDING OFFICER. Without being carried out to ensure treatment objec- tative management activity shall protect, objection, it is so ordered. tives are met; restore, or improve habitat concurrently for The amendment (No. 4012) was agreed (ix) in coordination with the affected per- both greater sage-grouse and mule deer. to as follows: mit holder, modification or adjustment of (c) LONG-TERM MONITORING AND MAINTE- (Purpose: In the nature of a substitute) permissible usage under an annual plan of use of a grazing permit issued by the Sec- NANCE.—Before commencing any covered Strike all after the enacting clause and in- retary to achieve restoration treatment ob- vegetation management activity that is cov- sert the following: jectives; ered by a categorical exclusion under sub- SECTION 1. SHORT TITLE. (x) installation of new, or modification of section (a), the Secretary shall develop a This Act may be cited as the ‘‘Sage-Grouse existing, fencing or water sources intended long-term monitoring and maintenance plan, and Mule Deer Habitat Conservation and to control use or improve wildlife habitat; or covering at least the 20 year-period begin- Restoration Act of 2018’’. (xi) necessary maintenance of, repairs to, ning on the date of commencement, to en- SEC. 2. DEFINITIONS. rehabilitation of, or reconstruction of an ex- sure that management of the treated area In this Act: isting permanent road or construction of does not degrade the habitat gains secured (1) COVERED VEGETATION MANAGEMENT AC- temporary roads to accomplish the activities by the covered vegetation management ac- TIVITY.— described in this subparagraph. tivity. (A) IN GENERAL.—The term ‘‘covered vege- (C) EXCLUSIONS.—The term ‘‘covered vege- (d) DISPOSAL OF VEGETATIVE MATERIAL.— tation management activity’’ means any ac- tation management activity’’ does not in- Subject to applicable local restrictions, any tivity described in subparagraph (B) that— clude— vegetative material resulting from a covered

VerDate Sep 11 2014 03:17 Sep 07, 2018 Jkt 079060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A06SE6.049 S06SEPT1 lotter on DSKBCFDHB2PROD with SENATE September 6, 2018 CONGRESSIONAL RECORD — SENATE S6103 vegetation management activity that is cov- had been reported from the Committee Mr. MCCONNELL. I ask unanimous ered by a categorical exclusion under sub- on Commerce, Science, and Transpor- consent that the motion to reconsider section (a) may be— tation, with an amendment to strike be considered made and laid upon the (1) used for— all after the enacting clause and insert table. (A) fuel wood; or (B) other products; or in lieu thereof the following: The PRESIDING OFFICER. Without (2) piled or burned, or both. (Purpose: In the nature of a substitute.) objection, it is so ordered. (e) TREATMENT FOR TEMPORARY ROADS.— SECTION 1. SHORT TITLE. f (1) IN GENERAL.—Notwithstanding section This Act may be cited as the ‘‘Great Lakes En- 2(1)(B)(xi), any temporary road constructed vironmental Sensitivity Index Act of 2017’’. GOLD STAR FAMILIES in carrying out a covered vegetation man- SEC. 2. UPDATE TO ENVIRONMENTAL SENSI- REMEMBRANCE WEEK agement activity that is covered by a cat- TIVITY INDEX PRODUCTS OF NA- Mr. MCCONNELL. I ask unanimous egorical exclusion under subsection (a)— TIONAL OCEANIC AND ATMOS- (A) shall be used by the Secretary for the PHERIC ADMINISTRATION FOR consent that the Judiciary Committee covered vegetation management activity for GREAT LAKES. be discharged from further consider- not more than 2 years; and (a) UPDATE REQUIRED ENVIRONMENTAL SENSI- ation and the Senate proceed to the (B) shall be decommissioned by the Sec- TIVITY INDEX PRODUCTS FOR GREAT LAKES.—Not consideration of S. Res. 522. retary not later than 3 years after the earlier later than 180 days after the date of the enact- ment of this Act, the Under Secretary for The PRESIDING OFFICER. Without of the date on which— objection, it is so ordered. (i) the temporary road is no longer needed; Oceans and Atmosphere shall commence updat- ing the environmental sensitivity index products The clerk will report the resolution and by title. (ii) the project is completed. of the National Oceanic and Atmospheric Ad- ministration for each coastal area of the Great (2) REQUIREMENT.—A treatment under The legislative clerk read as follows: paragraph (1) shall include reestablishing na- Lakes. A resolution (S. Res. 522) designating the (b) PERIODIC UPDATES FOR ENVIRONMENTAL tive vegetative cover— week of September 23 through September 29, SENSITIVITY INDEX PRODUCTS GENERALLY.—Sub- (A) as soon as practicable; but 2018 as ‘‘Gold Star Families Remembrance ject to the availability of appropriations and the (B) not later than 10 years after the date of Week.’’ priorities set forth in subsection (c), the Under completion of the applicable covered vegeta- Secretary shall— There being no objection, the Senate tion management activity. (1) periodically update the environmental sen- proceeded to consider the resolution. The bill (S. 1417), as amended, was or- sitivity index products of the Administration; Mr. MCCONNELL. Mr. President, I dered to be engrossed for a third read- and ask unanimous consent that the reso- ing, was read the third time, and (2) endeavor to do so not less frequently than lution be agreed to, the preamble be passed. once every 7 years. agreed to, and that the motions to re- (c) PRIORITIES.—When prioritizing geographic f areas to update environmental sensitivity index consider be considered made and laid upon the table. TRIBAL SOCIAL SECURITY products, the Under Secretary shall consider— (1) the age of existing environmental sensi- The PRESIDING OFFICER. Without FAIRNESS ACT OF 2018 tivity index products for the areas; objection, it is so ordered. Mr. MCCONNELL. Mr. President, I (2) the occurrence of extreme events, be it nat- The resolution (S. Res. 522) was ask unanimous consent that the Sen- ural or man-made, which have significantly al- agreed to. ate proceed to immediate consider- tered the shoreline or ecosystem since the last update; The preamble was agreed to. ation of H.R. 6124, which is at the desk. (3) the natural variability of shoreline and (The resolution, with its preamble, is The PRESIDING OFFICER. The coastal environment; and printed in the RECORD of May 24, 2018, clerk will report the bill by title. (4) the volume of vessel traffic and general under ‘‘Submitted Resolutions.’’) The legislative clerk read as follows: vulnerability to spilled pollutants. f A bill (H.R. 6124) to amend title II of the (d) ENVIRONMENTAL SENSITIVITY INDEX PROD- Social Security Act to authorize voluntary UCT DEFINED.—In this subsection, the term ‘‘en- SCHOOL BUS SAFETY MONTH agreements for coverage of Indian tribal vironmental sensitivity index product’’ means a Mr. MCCONNELL. Mr. President, I council member, and for other purposes. map or similar tool that is utilized to identify sensitive shoreline, coastal or offshore, resources ask unanimous consent that the Judi- There being no objection, the Senate prior to an oil spill event in order to set baseline ciary Committee be discharged from proceeded to consider the bill. priorities for protection and plan cleanup strate- further consideration and the Senate Mr. MCCONNELL. Mr. President, I gies, typically including information relating to now proceed to S. Res. 603. ask unanimous consent that the bill be shoreline type, biological resources, and human The PRESIDING OFFICER. Without considered read a third time and passed use resources. objection, it is so ordered. (e) AUTHORIZATION OF APPROPRIATIONS.— and the motion to reconsider be consid- The clerk will report the resolution ered made and laid upon the table with (1) IN GENERAL.—There is authorized to be ap- propriated to the Under Secretary $7,500,000 to by title. no intervening action or debate. carry out subsection (a). The legislative clerk read as follows: The PRESIDING OFFICER. Without (2) AVAILABILITY.—Amounts appropriated or A resolution (S. Res. 603) designating Sep- objection, it is so ordered. otherwise made available pursuant to para- tember 2018 as ‘‘School Bus Safety Month.’’ The bill (H.R. 6124) was ordered to a graph (1) shall be available to the Under Sec- There being no objection, the Senate third reading, was read the third time, retary for the purposes set forth in such para- proceeded to consider the resolution. and passed. graph until expended. Mr. MCCONNELL. I ask unanimous f Mr. MCCONNELL. Mr. President, I ask unanimous consent that the com- consent that the resolution be agreed GREAT LAKES ENVIRONMENTAL mittee-reported substitute amendment to, the preamble be agreed to, and the SENSITIVITY INDEX ACT OF 2017 be agreed to and the bill, as amended, motions to reconsider be considered made and laid upon the table. Mr. MCCONNELL. Mr. President, I be considered read a third time. ask unanimous consent that the Sen- The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without ate proceed to the immediate consider- objection, it is so ordered. objection, it is so ordered. ation of Calendar No. 255, S. 1586. The committee-reported amendment The resolution (S. Res. 603) was The PRESIDING OFFICER. The in the nature of a substitute was agreed to. clerk will report the bill by title. agreed to. The preamble was agreed to. The legislative clerk read as follows: The bill was ordered to be engrossed (The resolution, with its preamble, is for a third reading and was read the printed in the RECORD of August 1, 2018, A bill (S. 1586) to require the Under Sec- under ‘‘Submitted Resolutions.’’) retary for Oceans and Atmosphere to update third time. periodically the environmental sensitivity Mr. MCCONNELL. I know of no fur- f index products of the National Oceanic and ther debate on the bill. Atmospheric Administration for each coastal The PRESIDING OFFICER. The bill NATIONAL CHILD AWARENESS area of the Great Lakes, and for other pur- having been read the third time, the MONTH poses. question is, Shall the bill pass? Mr. MCCONNELL. Mr. President, I There being no objection, the Senate The bill (S. 1586), as amended, was ask unanimous consent that the Com- proceeded to consider the bill, which passed. mittee on the Judiciary be discharged

VerDate Sep 11 2014 04:10 Sep 07, 2018 Jkt 079060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A06SE6.044 S06SEPT1 lotter on DSKBCFDHB2PROD with SENATE S6104 CONGRESSIONAL RECORD — SENATE September 6, 2018 from further consideration of S. Res. SPORTS MEDICINE LICENSURE (3) to supersede any reciprocity agreement 612 and the Senate proceed to its imme- CLARITY ACT OF 2017 in effect between the two States regarding diate consideration. such services or such professionals; Mr. MCCONNELL. Mr. President, I (4) to supersede any interstate compact The PRESIDING OFFICER. Without ask unanimous consent that the Com- agreement entered into by the two States re- objection, it is so ordered. mittee on Health, Education, Labor, garding such services or such professionals; The clerk will report the resolution and Pensions be discharged from fur- or by title. ther consideration of H.R. 302 and the (5) to supersede a licensure exemption the The legislative clerk read as follows: Senate proceed to its immediate con- secondary State provides for sports medicine professionals licensed in the primary State. A resolution (S. Res. 612) designating Sep- sideration. tember 2018 as ‘‘National Child Awareness The PRESIDING OFFICER. Without (c) DEFINITIONS.—In this Act, the following Month’’ to promote awareness of charities objection, it is so ordered. definitions apply: (1) ATHLETE.—The term ‘‘athlete’’ means— that benefit children and youth-serving orga- The clerk will report the bill by title. nizations throughout the United States and (A) an individual participating in a sport- recognizing the efforts made by those char- The senior assistant legislative clerk ing event or activity for which the individual ities and organizations on behalf of children read as follows: may be paid; and youth as critical contributions to the fu- A bill (H.R. 302) to provide protections for (B) an individual participating in a sport- ture of the United States. certain sports medicine professionals who ing event or activity sponsored or sanctioned by a national governing body; or There being no objection, the Senate provide certain medical services in a sec- ondary State. (C) an individual for whom a high school or proceeded to consider the resolution. institution of higher education provides a Mr. MCCONNELL. I further ask There being no objection, the Senate covered sports medicine professional. unanimous consent that the resolution proceeded to consider the bill. (2) ATHLETIC TEAM.—The term ‘‘athletic be agreed to, the preamble be agreed Mr. MCCONNELL. Mr. President, I team’’ means a sports team— to, and the motions to reconsider be ask unanimous consent that the Alex- (A) composed of individuals who are paid considered made and laid upon the ander amendment at the desk be to participate on the team; agreed to, the bill be considered read a (B) composed of individuals who are par- table with no intervening action or de- ticipating in a sporting event or activity bate. third time and passed, and the motions to reconsider be considered made and sponsored or sanctioned by a national gov- The PRESIDING OFFICER. Without erning body; or objection, it is so ordered. laid upon the table. (C) for which a high school or an institu- The resolution (S. Res. 612) was The PRESIDING OFFICER. Without tion of higher education provides a covered agreed to. objection, it is so ordered. sports medicine professional. The preamble was agreed to. The amendment (No. 4014) was agreed (3) COVERED MEDICAL SERVICES.—The term to as follows: ‘‘covered medical services’’ means general (The resolution, with its preamble, is (Purpose: In the nature of a substitute) medical care, emergency medical care, ath- printed in the RECORD of August 22, letic training, or physical therapy services. 2018, under ‘‘Submitted Resolutions.’’) Strike all after the enacting clause and in- Such term does not include care provided by sert the following: a covered sports medicine professional— f SECTION 1. SHORT TITLE. (A) at a health care facility; or This Act may be cited as the Sports Medi- (B) while a health care provider licensed to cine Licensure Clarity Act of 2017. practice in the secondary State is trans- COMMEMORATING ARTHUR ASHE SEC. 2. PROTECTIONS FOR COVERED SPORTS porting the injured individual to a health ON THE 50TH ANNIVERSARY OF MEDICINE PROFESSIONALS. care facility. HIS HISTORIC WIN AT THE 1968 (a) IN GENERAL.—In the case of a covered (4) COVERED SPORTS MEDICINE PROFES- U.S. OPEN TENNIS CHAMPION- sports medicine professional who has in ef- SIONAL.—The term ‘‘covered sports medicine SHIP AND HONORING HIS HU- fect medical professional liability insurance professional’’ means a physician, athletic MANITARIAN CONTRIBUTIONS coverage and provides in a secondary State trainer, or other health care professional covered medical services that are within the who— Mr. MCCONNELL. Mr. President, I scope of practice of such professional in the (A) is licensed to practice in the primary ask unanimous consent that the Sen- primary State to an athlete or an athletic State; ate proceed to the immediate consider- team (or a staff member of such an athlete (B) provides covered medical services, pur- ation of S. Res. 624, submitted earlier or athletic team) pursuant to an agreement suant to a written agreement with an ath- today. described in subsection (c)(4) with respect to lete, an athletic team, a national governing such athlete or athletic team— body, a high school, or an institution of The PRESIDING OFFICER. The (1) such medical professional liability in- higher education; and clerk will report the resolution by surance coverage shall cover (subject to any (C) prior to providing the covered medical title. related premium adjustments) such profes- services described in subparagraph (B), has The legislative clerk read as follows: sional with respect to such covered medical disclosed the nature and extent of such serv- A resolution (S. Res. 624) commemorating services provided by the professional in the ices to the entity that provides the profes- Arthur Ashe, a native of Richmond, Virginia, secondary State to such an individual or sional with liability insurance in the pri- on the 50th anniversary of his historic win at team as if such services were provided by mary State. the 1968 U.S. Open Tennis Championship and such professional in the primary State to (5) HEALTH CARE FACILITY.—The term honoring his humanitarian contributions to such an individual or team; and ‘‘health care facility’’ means a facility in civil rights, education, the movement (2) to the extent such professional is li- which medical care, diagnosis, or treatment against apartheid in South Africa, and HIV/ censed under the requirements of the pri- is provided on an inpatient or outpatient AIDS awareness. mary State to provide such services to such basis. Such term does not include facilities an individual or team, the professional shall at an arena, stadium, or practice facility, or There being no objection, the Senate be treated as satisfying any licensure re- temporary facilities existing for events proceeded to consider the resolution. quirements of the secondary State to provide where athletes or athletic teams may com- Mr. MCCONNELL. I further ask such services to such an individual or team pete. unanimous consent that the resolution to the extent the licensure requirements of (6) INSTITUTION OF HIGHER EDUCATION.—The be agreed to, the preamble be agreed the secondary State are substantially simi- term ‘‘institution of higher education’’ has to, and the motions to reconsider be lar to the licensure requirements of the pri- the meaning given such term in section 101 mary State. of the Higher Education Act of 1965 (20 U.S.C. considered made and laid upon the (b) RULE OF CONSTRUCTION.—Nothing in 1001). table with no intervening action or de- this section shall be construed— (7) LICENSE.—The term ‘‘license’’ or ‘‘licen- bate. (1) to allow a covered sports medicine pro- sure’’, as applied with respect to a covered The PRESIDING OFFICER. Without fessional to provide medical services in the sports medicine professional, means a profes- objection, it is so ordered. secondary State that exceed the scope of sional that has met the requirements and is The resolution (S. Res. 624) was that professional’s license in the primary approved to provide covered medical services agreed to. State; in accordance with State laws and regula- (2) to allow a covered sports medicine pro- tions in the primary State. Such term may The preamble was agreed to. fessional to provide medical services in the include the registration or certification, or (The resolution, with its preamble, is secondary State that exceed the scope of a any other form of special recognition, of an printed in today’s RECORD under ‘‘Sub- substantially similar sports medicine profes- individual as such a professional, as applica- mitted Resolutions.’’) sional license in the secondary State; ble.

VerDate Sep 11 2014 03:17 Sep 07, 2018 Jkt 079060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\G06SE6.027 S06SEPT1 lotter on DSKBCFDHB2PROD with SENATE September 6, 2018 CONGRESSIONAL RECORD — SENATE S6105 (8) NATIONAL GOVERNING BODY.—The term ORDERS FOR FRIDAY, SEPTEMBER To be brigadier general ‘‘national governing body’’ has the meaning 7, 2018, THROUGH WEDNESDAY, COL. DAVID P. GARFIELD given such term in section 220501 of title 36, SEPTEMBER 12, 2018 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT United States Code. AS PERMANENT PROFESSOR AT THE UNITED STATES AIR (9) PRIMARY STATE.—The term ‘‘primary Mr. MCCONNELL. Mr. President, I FORCE ACADEMY IN THE GRADE INDICATED UNDER State’’ means, with respect to a covered ask unanimous consent that when the TITLE 10, U.S.C., SECTIONS 9333(B) AND 9336(A): sports medicine professional, the State in Senate completes its business today, it To be colonel which— adjourn, to then convene for pro forma THOMAS T. SWAIM (A) the covered sports medicine profes- sessions only, with no business being IN THE ARMY sional is licensed to practice; and conducted, on the following dates and THE FOLLOWING NAMED OFFICER FOR APPOINTMENT (B) the majority of the covered sports med- times and that following each pro TO THE GRADE INDICATED IN THE UNITED STATES ARMY icine professional’s practice is underwritten forma session, the Senate adjourn until UNDER TITLE 10, U.S.C., SECTION 624: for medical professional liability insurance To be major coverage. the next pro forma session: Friday, ERIC D. BARGER (10) SECONDARY STATE.—The term ‘‘sec- September 7, at 9 a.m., and Tuesday, THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ondary State’’ means, with respect to a cov- September 11, at 5 p.m. I further ask TO THE GRADE INDICATED IN THE RESERVE OF THE ered sports medicine professional, any State that when the Senate adjourns on ARMY UNDER TITLE 10, U.S.C., SECTION 12203: that is not the primary State. Tuesday, September 11, it convene at 3 To be colonel (11) STATE.—The term ‘‘State’’ means each p.m., Wednesday, September 12; that JOSEPH V. DERMENJIAN of the several States, the District of Colum- following the prayer and pledge, the MICHAEL J. TROFINOFF bia, and each commonwealth, territory, or morning hour be deemed expired, the THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES ARMY possession of the United States. Journal of proceedings be approved to (12) SUBSTANTIALLY SIMILAR.—The term UNDER TITLE 10, U.S.C., SECTION 624: ‘‘substantially similar’’, with respect to the date, the time for the two leaders be To be colonel licensure by primary and secondary States of reserved for their use later in the day, CHRISTOPHER G. HOSSFELD a sports medicine professional, means that and morning business be closed; fur- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT both the primary and secondary States have ther, that following leader remarks, TO THE GRADE INDICATED IN THE UNITED STATES ARMY in place a form of licensure for such profes- the Senate proceed to executive session UNDER TITLE 10, U.S.C., SECTION 624: sionals that permits such professionals to and resume consideration of the Rettig To be lieutenant colonel provide covered medical services. nomination; finally, that notwith- DEJUAN E. GIBLERT The amendment was ordered to be standing the provision of rule XXII, the THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES ARMY engrossed and the bill to be read a cloture motion filed during today’s ses- AS CHAPLAINS UNDER TITLE 10, U.S.C., SECTIONS 624 AND third time. sion ripen at 5:30 p.m., Wednesday, Sep- 3064: The bill was read the third time. tember 12. To be lieutenant colonel The bill (H.R. 302), as amended, was The PRESIDING OFFICER. Without JOHN H. BARKEMEYER passed. objection, it is so ordered. JEFFREY P. BARTELS NED BARTLEBAUGH f f PRIMITIVO R. DAVIS SHAREEN S. FISCHER UNANIMOUS CONSENT AGREE- ADJOURNMENT UNTIL 9 A.M. JONATHAN W. FOWLER EMMITT M. FURNER II MENT—EXECUTIVE CALENDAR TOMORROW THOMAS E. GIDLEY BRADLEY C. GODDING Mr. MCCONNELL. Mr. President, I Mr. MCCONNELL. Mr. President, if WILLIAM E. GRAHAM ask unanimous consent that at a time there is no further business to come be- ERIK J. GRAMLING MICHAEL J. HART to be determined by the majority lead- fore the Senate, I ask unanimous con- CLAUDE E. HOFFMAN er in consultation with the Democratic sent it stand adjourned under the pre- GREGORY S. JACKSON STANISLAW JASIURKOWSKI leader, the Senate proceed to the con- vious order. PETER E. KEOUGH sideration of Calendar No. 549, S. 2554, There being no objection, the Senate, SAMUEL E. KIM at 5:35 p.m., adjourned until Friday, BRIAN G. KOYN and that Senator LEE or his designee LUIS V. KRUGER, JR. be recognized to call up amendment September 7, 2018, at 9 a.m. MARK C. LEE JAMES M. LESTER No. 4011; that there be 1 hour of debate f WILLIE MASHACK equally divided; that upon the use or NOMINATIONS BRANDON R. MOORE yielding back of that time, the Senate SCOTT E. NICHOLS Executive nominations received by JASON K. NOBLES vote on adoption of the Lee amend- KELLY L. OLEAR the Senate: CHARLES S. PAUL ment No. 4011 without intervening ac- MYUNG Y. RYU METROPOLITAN WASHINGTON AIRPORTS tion or debate; and that upon disposi- VERNON L. SHACKELFORD AUTHORITY JOHN P. SMITH, JR. tion of the Lee amendment, S. 2554 be MICHAEL W. SPIKES WILLIAM SHAW MCDERMOTT, OF MASSACHUSETTS, TO DAVID R. STONER read a third time and the Senate vote BE A MEMBER OF THE BOARD OF DIRECTORS OF THE JORGE L. TORRES METROPOLITAN WASHINGTON AIRPORTS AUTHORITY on the bill as amended, if amended. VALERIA R. VANDRESS FOR A TERM EXPIRING MAY 30, 2024, VICE NINA MITCHELL CODY J. VEST The PRESIDING OFFICER. Without WELLS, TERM EXPIRED. ERNEST P. WEST, JR. objection, it is so ordered. DEPARTMENT OF THE INTERIOR RICHARD W. WEST f MICHAEL T. WILLIAMS RAYMOND DAVID VELA, OF TEXAS, TO BE DIRECTOR OF DONALD A. WILLIAMSON THE NATIONAL PARK SERVICE, VICE JONATHAN B. JAR- TIMOTHY E. WILSON UNANIMOUS CONSENT AGREE- VIS. D014328 MENT—EXECUTIVE CALENDAR ENVIRONMENTAL PROTECTION AGENCY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE RESERVE OF THE Mr. MCCONNELL. Mr. President, I ALEXANDRA DAPOLITO DUNN, OF VIRGINIA, TO BE AS- ARMY UNDER TITLE 10, U.S.C., SECTION 12203: SISTANT ADMINISTRATOR FOR TOXIC SUBSTANCES OF ask unanimous consent that at a time THE ENVIRONMENTAL PROTECTION AGENCY, VICE To be colonel to be determined by the majority lead- JAMES J. JONES. JOHN T. WINKLER DEPARTMENT OF STATE er in consultation with the Democratic THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- leader, the Senate proceed to the con- DENNIS WALTER HEARNE, OF VIRGINIA, A CAREER POINTMENT IN THE GRADES INDICATED IN THE UNITED sideration of Calendar No. 485, H.R. 6, MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF STATES ARMY UNDER TITLE 10, U.S.C., SECTION 531: COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND To be lieutenant colonel and that Senator ALEXANDER or his PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA designee be recognized to call up TO THE REPUBLIC OF MOZAMBIQUE. PEDRO O. AGAPAY III amendment No. 4013; that there be 1 UNITED STATES POSTAL SERVICE To be major hour of debate equally divided; that RON A. BLOOM, OF NEW YORK, TO BE A GOVERNOR OF THOMAS E. AXTELL upon the use or yielding back of that THE UNITED STATES POSTAL SERVICE FOR A TERM EX- JONATHAN C. BROOKS PIRING DECEMBER 8, 2020, VICE MICKEY D. BARNETT, EARL D. HILDEBRAND time, the Alexander amendment No. TERM EXPIRED. CYNTHIA A. LAMBERT 4013 be agreed to; and that H.R. 6, as ROMAN MARTINEZ IV, OF FLORIDA, TO BE A GOVERNOR JUSTIN A. MCPEAK OF THE UNITED STATES POSTAL SERVICE FOR A TERM SCOTT A. MONSON amended, be read a third time and the EXPIRING DECEMBER 8, 2024, VICE JAMES C. MILLER III, JASON W. NAPIER Senate vote without intervening action TERM EXPIRED. MICHAEL B. SIMMONS IN THE AIR FORCE JOHN W. SPROUL or debate on the bill as amended. MEGAN C. SWANGER The PRESIDING OFFICER. Without THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DERICK S. TAYLOR IN THE RESERVE OF THE AIR FORCE TO THE GRADE INDI- DAVID A. VIRGINIA objection, it is so ordered. CATED UNDER TITLE 10, U.S.C., SECTION 12203: MARK A. WHITE

VerDate Sep 11 2014 03:17 Sep 07, 2018 Jkt 079060 PO 00000 Frm 00065 Fmt 4624 Sfmt 9801 E:\CR\FM\A06SE6.048 S06SEPT1 lotter on DSKBCFDHB2PROD with SENATE S6106 CONGRESSIONAL RECORD — SENATE September 6, 2018

THE FOLLOWING NAMED OFFICER FOR REGULAR AP- NICHOLAS M. TAYLOR BRAD J. BRINKLEY POINTMENT IN THE GRADE INDICATED IN THE UNITED DAVID B. WELBORN OWEN E. BROOKS III STATES ARMY UNDER TITLE 10, U.S.C., SECTION 531: BARRY J. WUTZKE BRYCE P. BROWN To be lieutenant colonel THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT RUSSELL A. BROWN TO THE GRADE INDICATED IN THE UNITED STATES NAVY GLENN M. BUDDECKE JAIME D. BIRMINGHAM UNDER TITLE 10, U.S.C., SECTION 624: TIMOTHY A. BUEHN MARK S. BUONOMO THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- To be lieutenant commander DOUGLAS L. M. BURDICK POINTMENT IN THE GRADES INDICATED IN THE UNITED WILLIAM H. BURKE STATES ARMY UNDER TITLE 10, U.S.C., SECTION 531: CLAUDIA I. ALDAY ANDREW B. BURKS To be lieutenant colonel CLAIRE C. G. BORN CHRISTIAN M. BURNETT AMANDA B. DATTARO DEREK A. BURNEY JEFF A. BLACKARD NICHOLAS A. DEVORAK MATTHEW S. BUSH STEPHEN A. ROBERTS ZACHARY M. FRANKLIN JOHN P. BUTLER SAMANTHA M. GRECO RYDER B. BUTTREY To be major MOLLIE G. GREENLUND BERRY L. BUXTON ANDREW J. GROH IAN G. BYNUM JASON A. FERGUSON ANGELA R. HAMILTON CHRISTOPHER A. CABATU GERALDINE A. GUTZWILER OLIVIA J. JONES JANYSE CABATU SEAN C. KITCHEN DOUGLAS W. LIPE JUSTAN A. CAESAR LAURA E. SAENZ PETER S. MCLAUGHLIN LOUIS J. CALABRESE III MATTHEW J. SONGE JANNIE E. MILLER JEREMIAH M. CALDWELL THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- JORY S. MORR KENNETH C. CALDWELL POINTMENT IN THE GRADE INDICATED IN THE UNITED DAVID J. MUNDELL WILLIAM J. CALDWELL STATES ARMY UNDER TITLE 10, U.S.C., SECTION 531: DECRISHA NOLAN KENNETH G. C. CALLAHAN To be major LUIS ORTIZ IV RYAN T. CAMASSO ABAIGEAL S. PACHOLK VERONICA A. CAMIOLO BRIAN J. BURTON KAYLOR V. PARASKEVOPOULOS JOSEPH D. CAMP, JR. CHRISTOPHER S. WOOTEN THOMAS J. REICHHART MATTHEW J. CAMPBELL APRIL J. ROBERTSON REGINALD J. CAMPBELL, JR. THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- LAURA C. SMALL TOI S. CARDEN POINTMENT IN THE GRADE INDICATED IN THE UNITED BRYCE R. SMITH WILLIAM F. CAREY, JR. STATES ARMY UNDER TITLE 10, U.S.C., SECTION 531: ERIN M. THORPE MATTHEW S. CARLTON To be lieutenant colonel LUCIANO J. TIRADO TYLER A. CARR DONALD J. TODOROWSKI, JR. THOMAS P. CARROLL HUGO I. EHUAN TOSHI L. WILLIAMS MICHAEL P. CASSIDY MICHAEL K. FLURY JOSHUA M. CASTANEDA THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ANDREW E. CASTILLO IN THE NAVY TO THE GRADE INDICATED IN THE UNITED STATES NAVY JACOB R. CATES UNDER TITLE 10, U.S.C., SECTION 624: THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JOSEPH L. CEREZO JUSTIN M. CHALKLEY TO THE GRADE INDICATED IN THE UNITED STATES NAVY To be lieutenant commander ERIK P. CHAMBERLAIN UNDER TITLE 10, U.S.C., SECTION 624: KYLE J. ABNER VICTOR R. CHAN To be lieutenant commander DARRYL M. ABRIAM SHANTRIC S. CHAPEL NATHAN L. AHRENS ANGELA N. CHAPOTEAU DARIN M. ANDREWS TODD J. AITKINS MATTHEW J. CHARLTON MICHAEL J. BEAUTYMAN, JR. CHRISTOPHER M. ALDRICH TIMOTHY B. CHARRIERE CONRAD M. BICKINGS RYAN P. ALDRICH FELIZIA J. CHAVEZ NICHOLAS D. BITTO JAFAR A. ALI TAO CHENG IAN J. CAMPBELL MATTHEW T. ALLEN COLIN M. CHRIST BENJAMIN O. CARROLL RYAN E. AMOROSSO SAMUEL C. CHRISTEN BENJAMIN R. CARVER ADAM M. ANDERSON DAVID M. CHRISTENSON KRISTJAN J. CASOLA JEREMY J. ANDERSON ANDREW J. CHRISTOPHER LARISSA A. COTTRILL ADRIAN R. ANDRADE NICHOLAS J. CICHUCKI MICHAEL R. CRIBBS JOSHUA C. ANDRES JAMES S. CLANCY II GREGORY P. DEJUTE NOLAN W. ANLIKER JASON M. CLARK MATTHEW J. ENGLEHART ROBERT J. ANTONUCCI JOHN C. CLARK AKWASI FOSU NEWTON R. ARIAS JOSEPH H. CLAYTON CHRISTOPHER W. FREDRICK ADAM R. P. ARNDT BENJAMIN M. CLEDE SARAH M. GREGORY WILLIAM L. ARNEST JONATHAN P. CLEVELAND TRAVIS S. HARLOW JOSEPH D. ASH GEOFFREY T. CLIFT CHESTER H. HEWITT III CHINOMSO E. ASONYE ADAM R. CLINE NATALIE R. L. JENKINS TAYLOR R. AUCLAIR SPENCER D. CODAY JESSICA F. JETT MICHAEL C. AXEL HAYLEE L. COFFEY SADE A. JURGENSEN COLBY T. BACON STEVEN J. COLBURN STEVEN M. KEMPER DOMINIC D. BAGLEY DAVID S. COLE CRAIG T. LENSEGRAV NATHANIEL D. BAILEY BRENNIN S. COLEGROVE JOHN J. LUGGE JAMES M. BALLINGALL IV EVAN T. COLEMAN CAROLYN MAI JOHN R. BARACHIE WILLIAM C. COLLIER MICHELLE E. MCGAVRAN JOSHUA M. BARBER BRANDON A. COLLINS MATTHEW A. MITCHELSON JAMES E. BARFOOT JOHN C. COLLINS II THOMAS O. OBRYANT III TYREE D. BARNES RYAN W. COLLINSMINKEL JOHN A. OLDENKAMP EMILY C. BARRALE EMILY S. K. CONA TIMOTHY M. OLSON ADAM J. BARRY FRANK W. CONA TYLER N. OSTERMEIER JOHN T. C. BARSTOW MERSHA D. CONEY TIMOTHY B. POLICAR JEFFREY W. BARTELS, JR. REBECCA M. CONTIVOCK ANDREW G. SHIN ANDREW T. BARTHOLOMEAUX ADAM B. COOK PATRICK L. STEWART JASON P. BEAUDWIN PHILLIP A. COOK AMANDA J. TOWEY WILLIAM C. BEAUMONT DAVID M. COOPER ELLIOTT L. VONWELLER ANDREW L. BEHRENDS BRETT A. COPARE ASHLEY M. WESSEL TIMOTHY L. BELL KYLE R. COPELAND CHRISTOPHER M. WILKINS BRIAN M. BENGE ETHAN COPPING JOHN K. WOMER COLLEEN M. BENJAMIN JOSHUA L. CORNELIUS RYAN D. ZACHAR MICHAEL L. BENJAMIN DWIGHT J. CORNISH THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT RYAN E. BENKO MAILE E. CORNISH TO THE GRADE INDICATED IN THE UNITED STATES NAVY REBECCA A. BENNETT JOSHUA J. COWART UNDER TITLE 10, U.S.C., SECTION 624: DEREK J. BERGESON BENJIMAN D. COYLE JOHN H. BEVERIDGE JUSTIN G. CRABB To be lieutenant commander GEOFFREY S. BIEGEL BRIAN A. CRAMER FRANCIS G. COYLE MATTHEW C. BIGGERSTAFF STEPHEN H. CRANEY IAN R. HIGGINS JAMES C. BILLINGS III THOMAS A. CRISP ALAN J. HOUGH ANDREW T. BINGHAM ROBERT D. CROSBY JOSHUA S. SAUNDERS BRIAN W. BLACK KELCEY J. CRUSER DENVER T. WHITE JENNIFER M. BLAKE JOHN P. CULLITON CHRISTOPHER J. WRIGHT CHRISTOPHER E. BLANCHARD SAMUEL L. CURLEE CONOR A. BOE WILLIAM J. CURTIN, JR. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BRIAN T. BOLAND JOSEPH C. CUSCHIERI TO THE GRADE INDICATED IN THE UNITED STATES NAVY ROSANNA M. BOLIN KENNETH M. CUSTER UNDER TITLE 10, U.S.C., SECTION 624: ARTHUR J. BOND GRANT C. W. DAISS To be lieutenant commander BENJAMIN W. BOND TRENTON M. DAIUTO BRYAN S. BOND CHRISTIAN A. DANGELO RICHARD E. ARTHUR II MARK W. BONIFACE CHARLES R. DANIEL PAUL R. DILLON JUJUAN A. BONNER, JR. JOSEPH F. DANIEL IAIN S. DUNKLE KEARY T. BONNER CHRISTOPHER M. DANIELCZYK AMY R. ELLISON BRANDON E. BONTON KURTIS R. DANIELS GILBERT C. ESPINOSA TIMOTHY L. BOSTON DAVID E. DARRELL MATTHEW P. FUINI MICHAEL J. BOSWORTH II STEVEN M. DEGROOT ANDREW G. GALLOUSIS MARK L. BOTE JASON C. DEJESUS KRISTOPHER T. GREENE JAMIE J. BOUDREAUX ANTHONY R. DEJOY WILLIAM B. GRIFFITH ERIC A. BOWEN SEAN M. DELANEY GARRETT A. HOPKINS TIMOTHY G. BOYCE STEVEN M. DELEONIBUS JASON P. HOROWITZ MARK T. BRANDAU JEFFREY J. DELIZ ALARIC LEE TRISTAN L. BRANDENBURG PHILIP M. DENICOLA RICHARD T. LEGENDRE, JR. ANDREW R. BRANHAM ACHALA E. DENNISON DALE A. MCCOMB DANIEL L. BRANNAN JEFFREY R. DENZEL JERMAINE L. NICHOLS DANIEL O. BRAUER DANIEL J. DEUTSCH PAUL M. NOVESS GEORGE L. BRIGHT KIRA L. DEVERSJONES

VerDate Sep 11 2014 03:17 Sep 07, 2018 Jkt 079060 PO 00000 Frm 00066 Fmt 4624 Sfmt 9801 E:\CR\FM\A06SE6.003 S06SEPT1 lotter on DSKBCFDHB2PROD with SENATE September 6, 2018 CONGRESSIONAL RECORD — SENATE S6107

DOUGLAS J. DEVUONO DUNCAN N. HAMILTON JORDAN A. KOBS KEVIN C. DEWEY IAN P. HANES BRADLEY S. KOESTER MATTHEW J. DICKENS BENJAMIN S. HANKIN STEVEN T. KOHL JEFFREY V. DICKEY THOMAS J. HANLEY CHRISTOPHER G. KOHLSKELLEY REBECCA L. DICKEY JOHN C. HANNAH, JR. JASON M. KOSTELNIK MORGAN L. DIDJURGIS CORWIN J. HARDY PETER S. KOWALCYK, JR. JONATHAN T. DIMARCO MATTHEW L. HARMON ANDREW M. KRALL PAUL D. DIXON LARRY M. HARNAGE WILLIAM T. KRANZ HENRY J. DONAGHY ANTRON L. HARPER THOMAS A. KRASNICKI CHRISTOPHER F. DONNELLY TIMOTHY M. HARPER, JR. KIPP K. KRAUSE DEAN D. DOWNING CAITLYN M. HARRINGTON GEOFFREY S. KRETSCHMER ROBERT T. DRIVER ANDREW J. HARRIS SEBASTIAN J. KREWER DAVID A. DUFFIELD JEREMY J. HARRIS JEREMY R. KRIEGER JOSHUA A. DUFORE ROBERT N. HARRIS III BRIAN T. KROLL OTIS V. DUNLAP RONALD E. HARRISON RYAN A. KRONING TRAVIS K. DUNN CHRISTOPHER J. HART KENNETH A. KUHL NATHAN W. DURHAM BROCK A. HARTFORD JOACHIM A. KUHN MARCIA A. DURRETT JOHN D. HARTZELL WILLIAM G. KUHN MICHAEL P. DYCZKIEWYCZ RYAN T. HARVEY STACY M. KULCZEWSKI LAUREN E. EANES NATHAN D. HAUGAN BENJAMIN G. KYLER MICHAEL M. EASON KELSEY J. HAUSKEN THEODORE M. KYRIOPOULOS JACK M. EAVES MATTHEW C. HAYS MEAGAN J. LABOSSIERE BARBARA L. EBNET SHAWN T. HAZELGROVE JACOB M. LACEY ZACHARY C. EDGE HEATH W. HAZEN JASON M. LACY JONATHAN D. EDWARDS MICHAEL J. HEAD MATTHEW P. LAIL DAVID A. EHRET RICHARD S. HEIDEL BENJAMIN R. LAMB MICHAEL J. EINBINDER NICHOLAS S. HEILIGER JAMES H. LAMBERT TREVOR B. ELISON ALAN R. HELM JASON D. LANCASTER LAUREN J. ELLISON JEFFREY A. HELMICK BRITTNY L. LARSEN ALLAN H. ELSBERRY CLIFTON R. HELTERBRAN JONATHAN P. LARSEN ROBERT S. EPHRAIM JASON H. HENDERSON MATTHEW J. LARSEN GREGORY S. ERICKSEN JOSEPH M. HEREDIA RALPH L. LARY IV RICARDO H. ESTRADA ADAM M. HERNANDEZ CHARLES J. LASPE CHRISTOPHER W. EUANS MARY K. HESLER SAMUEL L. LAURVICK JASON A. EVERT NICHOLAS A. HIEBER NICHOLAS M. LAVIANO CORY D. FAHRENKAMP TERENCE P. HIGGINS PATRICK J. LEAHEY CHRISTOPHER J. FAMILETTI JASON T. HILL AUSTIN A. LEE CHAD T. FANNING JEFFREY T. HILL JOHN M. LEEDS ASHLEY M. FARINA MARTINA R. HILL RICHARD L. LEFILS, JR. CHRISTOPHER D. FARKAS DANIEL L. HILLIGRASS CHRISTOPHER F. LEFON MICHAEL B. FEAY MATTHEW R. HIPPLE JAMES M. LEGGETT ROBERT M. FEDELE CHRISTINE A. HIRSCH GARETT A. LEN TIMOTHY J. FEHRENBACH BRADLEY J. HOLESKI NICHOLAS A. LEN DANIEL H. FELDMAN RENALDO N. HOLLINS ROBERT L. LENNON JEFFREY D. FELDMANN PRESTON T. HOLT MARTIN L. LEONARD MATTHEW R. FELTON PATRICK J. HONEYCUTT JEFFREY P. LESHER WILLIAM W. FENNIMAN II KYLE T. HOOKER CALEB R. LEVEE FRANK E. FERRELL FRANCIS J. HOROHOE III KEVIN M. LEWMAN MICHAEL E. FERRELL MICHAEL A. HOSELTON THOMAS J. LI DAVID B. FIROUZI ANDREW S. HOTCHKISS JAMES M. LICATA MATTHEW R. FISHER JAMES T. HOUGH PAUL M. LIETZAN BRIAN P. FLANAGAN WILLIAM B. HOWARD WAYNE D. LILEKS THOMAS M. FLANAGAN JENNIFER F. HOWER SCOTT A. LINDAHL MICHAEL C. FLYNN ROBERT V. HUDDLESTON JEFFREY P. LINDBOM CODY R. FORSYTHE AMELIA L. HUETER JOHNATHAN C. LING MICHAEL D. FOSTER KYLE B. HUFF CHRISTOPHER E. LIPSCOMB RICHARD A. FRAENKEL WILLIAM M. HUGHES DAVID B. LITZ BRIAN L. FRANK JUAN J. HUIZAR KODI M. LOCK JOHN D. FULLER RYAN W. HUNT STEVEN F. LONDON KEVIN J. FULLER DARRYL M. HUNTER ANDREW J. LONG JENNIFER L. GADZALA RYAN F. HURLBURT JAMES D. LOVETT MATTHEW S. GALAMISON JONATHAN S. HURST MARK A. LOVRENCEVIC RICHARD A. GALANTE ADAM J. HUTCHINSON NICHOLAS E. LOWE ADAM GALAZKA MARK W. HYATT ANTHONY D. LOZANO ANDREW J. GALVIN PATRICK D. HYNES STEPHAN A. LUBOSCH JOSEPH M. GARIA SHANN C. IGNACIO ZACHARY C. LUKENS SPENCER W. GARRISON MICHAEL A. IMPERATO, JR. CHAU H. LUU KEVIN A. GATLEY WILLIAM J. INCH SHAWN J. MACEWAN PATRICK L. GEORGE PAUL F. INGRAM GAVIN R. MACGARVA BRENDAN J. GERAGHTY JOSEPH C. INNERST STEPHEN A. MACK STEVEN L. GERARD MATTHEW J. INTOCCIA FLANNERY W. MACYNSKI ANDREW R. GERRY ALYSON B. IRELAND DANIEL A. MADANAT SEAN D. GETWAY MATTHEW J. IRWIN TRACY A. MADDOX RAFFAELE A. J. GIARNELLA IZOSA I. O. IZEIYAMU MAYNARD C. MALIXI TERENCE L. GILBERT EDWIN M. JACKSON THOMAS E. MANGOLD MICHAEL J. GILLETTE NICHOLAS T. JACKSON STEPHEN A. MANKINS ANDREW W. GILLIS RYAN P. JANUARY ADAM D. MANLEY RICHARD G. GILLIS DAVIS C. JARVIS MATTHEW J. MANSHIP ANDREW R. GINNETTI JONATHAN D. JARVIS DAREK C. MARINO ERICA J. GLANZ CHRISTOPHER S. JEFFRIES JOHN T. MARINO TRISTAN M. GLODECK MAREK C. JESTRAB CHRISTOPHER M. MAROLT WILLIAM H. GODIKSEN III DEREK L. JIMENEZ ANDREW G. MARSH ROGER J. GONZALEZ, JR. DRAONNE D. JOHNSON DANIEL A. MARSIK DANIEL W. GOODWIN MARK A. JOHNSON ZACHARY B. MARTENS WILLIAM A. GORUM BRENDAN A. JOHNSTON AARON B. MARTIN CHRISTOPHER R. GOSTEL ALLAN D. JONES JEFFREY S. MARTIN ERIC L. GOW BENJAMIN K. JONES SAMUEL Q. MARTIN SAMUEL W. GRAESSLE CHRISTOPHER A. JONES JESSE MARTINEZ RICHARD W. GRANT III JAMES A. JONES, JR. MATTHEW G. MARTINEZ NICHOLAS A. GREEN MARVIN J. JONES CORKY S. MASCHKE COLE A. GREENHOUSE JAMIE L. JORDAN BENJAMIN S. MASSENGALE ADAM J. GREGORY RICHARD S. JORDAN MICHAEL V. MASTRANGELO PATRICK M. GRIFFIN BRIAN C. JUSKIEWICZ NICHOLAS A. MATICS JAMES J. GRINA RICHARD A. KACHMAN KYLE P. MATSON THOMAS D. GROARK MICHAEL R. KAPANKA JEFFERY D. MATTHEWS II JUSTIN C. GROFIK ADAM A. KARAOGUZ GERARD M. MAUER III MARGARETE F. GROLL BRIAN J. KARLO GREGORY B. MAYERS MATHEW E. GROSS NICHOLAS J. KEECH MICHAEL P. MAYEUX MATTHEW C. GROVE RAYMOND A. KEFFER III MITCH T. MCCARREL MICHAEL S. GROW PATRICK W. KELLEYHAUSKE CHARLES E. MCCARTHY BRIAN M. GUDKNECHT ALEXANDER M. KELLY RYAN T. MCCARTHY MATTHEW E. GUIDRY CHRISTOPHER R. KENEFIC DONALD J. MCCLAFFERTY JOSEPH G. GULLEDGE JORDAN T. KENNEDY MEGAN L. MCCULLOCH BENJAMIN S. GUMSER ROBERT W. KERSHNER MICHAEL R. MCDEVITT PHILIP T. GURNEY MATHEW S. KESLER DANIEL W. MCDONALD JOSEPH W. GURSKY FIRAS KHOURY CHRISTOPHER A. MCGRATH RICHARD L. GUTIERREZ, JR. HANNAH M. KIM EDWARD J. MCGUINNIS II ROBERT C. GWINN ROGER G. KIM FOREST B. MCLAUGHLIN GABRIEL D. HALEY IAN J. KIMBALL BRIAN O. MCMENAMIN JAMES E. HALEY IV JASON B. KING IAN W. MCMENAMIN CHRISTOPHER J. HALL DANIEL H. KINJO JOSHUA T. MCNETT JOHN W. HALL, JR. CHRISTOPHER M. KITT JEREMY R. MEARS KRISTOPHER J. HALL KARL J. KJONO FRANKLIN A. MEETZE ORION E. HALL MATTHEW R. KLEINE MARGAN H. MELHORN JARED T. HALLAHAN ANDREW M. KNOTT JACOB D. MELLO MATTHEW J. HALLIWELL DAVID J. KNOWLES MACEDONIUS K. MELONAS CHARLES M. HALLUM NATHAN P. KNUTSEN KENNETH M. MELTON

VerDate Sep 11 2014 03:17 Sep 07, 2018 Jkt 079060 PO 00000 Frm 00067 Fmt 4624 Sfmt 9801 E:\CR\FM\A06SE6.005 S06SEPT1 lotter on DSKBCFDHB2PROD with SENATE S6108 CONGRESSIONAL RECORD — SENATE September 6, 2018

NICHOLAS A. MEMERING DANIEL K. REED MICHAEL W. STOOKSBURY LEO V. F. MENESES GEOFFREY R. REEG JOEL E. STOORZA TIMOTHY L. MERRICK SCOTT M. REIDER MARISSA A. STRAUSSER EMILY S. MERRITT CHRISTOPHER C. REIDY GRANT V. STRICKLAND GINA M. MESSER MATTHEW S. REISING BRIAN W. STUEBER WILLIAM C. MESSICK JAVIER F. REMOTTI BRIAN C. SULLIVAN CHRISTOPHER D. MEYER WILLIAM A. REVELL JOSEPH F. SULLIVAN KEVIN B. MEYER NICHOLAS C. REZENDES KYLE A. SULLIVAN BENJAMIN C. MEYERS III STEPHEN J. RHODES MATTHEW F. SUMNER DANIEL T. MILLER SCOTT K. RICHARDS, JR. CHRISTIAN I. SUSZAN DAVID C. MILLER JASON L. RICHESIN NICHOLAS E. SWANDA RAYMOND W. MILLER IV MEGAN E. RICKER NATHANIEL J. SWANK JOSEPH R. MILLS CARY F. RICKOFF MATTHEW S. SWARTZ KEITH P. MILTNER JACOB T. RIGGS MATTHEW R. SWEET DANIEL P. MIZELLE JOSHUA A. RILEY MATTHEW M. SWEZEY VIJAY A. MOHABIR ALEX RINALDI ERIC M. SWITZER CARLOS A. MOLINA BRIDGET M. RIORDAN STEPHEN B. SZALAI JOSHUA A. MONEY DANIEL A. RITCHIE KYLE J. SZATKOWSKI JAMES B. MONTGOMERY MARK A. RITTENHOUSE NICHOLAS S. TAKEUCHI PAUL W. MOODY DANE C. ROBIE CHRISTOPHER S. TAM RICHARD A. MOONEY OMAR A. ROBINSON DANIEL A. TANTILLO CARISSA D. MOORE HECTOR G. ROBLESRODRIGUEZ JORGE G. TELLEZ MATTHEW L. MOORE SEAN L. ROCHA IAN A. TERCERO PHILLIP C. MORRISON BRIAN RODGERS STEVEN TERJESEN TIMOTHY D. MOTTLAU BENJAMIN W. ROGERS STEPHANIE F. THEISNER DANIEL P. MURPHY BROOKS M. ROGERS CHAD R. THERIAULT CARTER L. MURRAY CASEY L. ROGERS CAVELL D. THOMAS JUSTIN A. MURTY ADAM M. ROLLINS ROBERT L. THOMPSON II LLOYD M. MUSTIN III SETH A. ROMO DANE R. THORLEIFSON DANE R. MUTSCHLER THELMAR A. ROSARDA ERIC M. THURBER JAMES C. NAFSEY ANDREW J. ROSCOE DAVID B. TODD CHRISTOPHER R. NAPOLI CLARK B. ROSS BRANDON L. TOMBLIN MITCHELL S. NELSON CHRISTOPHER D. ROSSI MICHAEL I. TOMOLONIS NEAL N. NELSON DERIK W. ROTHCHILD GREGORY TORNAMBE JESSE D. NERIUS CHRISTOPHER E. ROWLAND ANTHONY M. TOVADO LINCOLN A. NESBIT MICHAEL J. RUEDA COURTNEY N. TOWLES BRENT C. NEVIN ANDREW J. RUISI CASEY J. TRAVIS KALE G. NICHOLS ANDREW J. RUMP BLAKE T. TRIBOU CHRISTIAN L. NIELSEN MATTHEW S. RUSINAK CHRISTOPHER M. TRUMP ROSS S. NIX JOHN V. RUSSELL JASON D. TRYBA CHRISTOPHER R. NORINE MARK RUTHERFORD ROBERT R. TURNER SEAN J. NORONHA ROBERT W. RYAN ANDREW M. UHL TIMOTHY P. NORRIS PER A. RYCHECKY RORY P. UPRIGHT DONALD S. NORTHRUP GAVIN S. SAITO JEROME USELMAN TAYLOR H. OAKES CARLA K. SALAZAR JEREMY C. VANGELDER MATTHEW G. OCONNOR ADAM M. SAMSEL HELENA J. VANGILDER CONOR J. ODONNELL ADAM J. SAMSON GORDAN G. VANHOOK MATTHEW T. ODONNELL KYLE M. SANDERS ANDREW D. VANN JOHN T. OHAGAN JOSHUA A. SANDO DAVID J. VASQUEZ ASHLEY L. OKEEFE DUNCAN B. SANFORD ANDREW R. VAWTER ISAAC J. OLSON PETER J. SANTOS CHRISTOPHER A. VENTURA MATUWO I. OLUFOKUNBI LISA S. SCHAFF WILLIAM C. VEY III KEVIN P. OMALLEY TREVOR G. SCHAFF DIMITRY P. VINCENT CONOR L. ONEIL MICHAEL A. SCHAMBACH BRYAN J. VOGEL NICHOLAS G. ONEILL JOHN D. SCHMID JOSHUA M. VUKELICH RAYMOND K. OSBORNE DAVID A. SCHMITT II CHARLES Z. WALKER ISAAC G. OSTLUND DREW T. SCHNABEL CHRISTOPHER T. WALKER CASEY H. OSWALD RILEY J. SCHOEN MICHAEL A. WALKER, JR. JOEL L. OVIEDO MATTHEW A. SCHREINER TIMOTHY R. WALL CHRISTOPHER B. PACE PAUL D. SCHREINER ANDREW W. WARNER JONATHAN L. PAIZ BRADEN H. SCHROCK BRIAN R. WARREN AARON A. PARK KEVIN J. SCHRODT JENNY L. WARREN JONATHAN PARK DAVID C. SCHULTZ KAREEM A. WASHINGTON JUNG H. PARK ARTHUR J. SCIORTINO KHALFANI M. WATSON ADAM R. PARKINSON MICHAEL M. SCOTT ADAM D. WATTERS WILLIAM C. PARKS KYLE W. SCRIBNER JAMES T. WATTERS CHRISTOPHER R. PARRETT JONATHAN A. SERRELL KAIULANI M. WATTERS JOHN W. PASICHNYK DAVID E. SETYON MICHAEL M. WEBB ANN K. PATTERSON JEREMY SEVERSON BRANDON J. WEST MATTHEW E. PATTERSON JEREMY S. SEVEY STUART H. WHITAKER WESLEY J. PAULK PATRICK D. SHANNON JORDAN R. WHITE RUSSELL G. PAV THOMAS M. SHANNON CHRISTOPHER M. WHITLEY LYNDA M. PEARL JAMIE L. SHARKEY KYLE D. WIEST LOGAN R. PECK TYLER C. SHAVER JUSTIN A. WIEZOREK MATTHEW E. PEDEN REBECCA R. SHAW BRANDON M. WIGTON JOEL A. PENA STEVEN E. SHAW CHRISTOPHER R. WILBER BRADLEY S. PENNINGTON ADAM G. SHEMON BRIANA M. WILDEMANN MARK A. PENNINGTON BRADLEY J. SHILLITO RYAN G. WILLARD VANESSA E. PERRY CARL R. SHIRLEY BRIAN N. WILLIAMS BETHANN C. PERVETICH STEPHEN C. SHOEN CHRISTOPHER C. WILLIAMS NICHOLAS M. PETER DMITRY SHVETS DAVID B. WILLIAMS MATTHEW W. PETERSEN JOSEPH T. SIMMONS JUSTIN L. WILLIAMS SETH W. PETERSEN TODD J. SIMPSON CANDICE M. WILSON CHAD W. PETERSON BRIAN L. SIMS ROBERT S. WOLCOTT JONATHAN E. PETSKA ERIK M. SINK JOSHUA J. WOMACK RYAN M. PFEIFFER RYAN J. SISLER TIMOTHY D. WOOD JESSICA L. PHENNING JESSE M. SKINNER MATTHEW S. WOODARD MARK J. PHILLIPS DANNY G. SLOVER II DANIEL M. WOODS MARK C. PICINICH NAOMI M. SLUSSER DAVID A. WORST JUSTIN B. PICKWORTH MICHAEL P. SMALLWOOD JOSEPH D. YATES BRANDON D. PIERCE STEPHANIE A. SMIROS DARBY D. YEAGER RYAN J. PIFER ALEXANDER P. SMITH BRYON R. YODER MEGAN M. PIOTROWSKI BENJAMIN G. SMITH JEFFREY E. YORK CHRISTOPHER P. PISCIOTTA DAMIEN H. SMITH ELENA U. YOSHIMURA JERRY P. PITTMAN, JR. DARRELL K. SMITH DAVID A. YOUKER WAYNE A. PITZEN MATTHEW B. SMITH BRITTANY M. YOUNG JAMIE L. POLHEMUS MICHELLE P. SMITH LAWRENCE E. YOUNG IV CAITLYNN A. POLLINI NICHOLAS B. SMITH NATHANIEL J. YOUNG CHRISTOPHER M. POLLOCK ZACHARY S. SMITH ZACHARY R. ZAROW JOSEPH D. POLNASZEK TRAVIS M. SNOVER CHRISTOPHER A. ZELLER RAMSES A. PORRATA MARK P. SNYDER JOSHUA F. ZIMMER JUSTIN D. PORTER MATTHEW L. SNYDER THOMAS W. ZIMMERMAN STEPHEN C. PORTER MICHELLE M. SOUSA CRAIG T. POTTHAST SAM J. SOUTHERLAND THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ANDREW R. POULIN ELIZABETH J. SPANGENBERG TO THE GRADE INDICATED IN THE UNITED STATES NAVY CHRISTOPHER L. POWELL SCOTT R. SPEAKMAN UNDER TITLE 10, U.S.C., SECTION 624: JUSTIN R. POWERS TYLER A. SPINDLER To be lieutenant commander GLEN A. PREMO KIRK M. SPOWART MICHAEL J. PRICE JACOB A. STAAB SCOTT B. AARON THOMAS H. PRINSEN ANDREW T. STAFFORD MATTHEW C. BIEKER FRANCIS W. PRUTER, JR. DOUGLAS P. STAHL JEREMY E. BLANCHETTE ERIC J. RADSPINNER GREGORY T. STAMMEN DANIEL T. BLAUWKAMP NICHOLAS R. RADZIWON SHAWN M. STELZEL DANIEL A. BLUE ANN M. RAHALL JOSEPH N. STEPHENS ANTHONY W. BOVINO JAIME E. RAMIREZ ANDREW J. STEPHENSON ROY B. BRYAN MARK A. RAMIREZ ISAIAH T. STOKES ADAM P. BURKE MICHAEL T. RAMIREZ II JOSHUA W. STOKES FORREST N. BUSH

VerDate Sep 11 2014 03:17 Sep 07, 2018 Jkt 079060 PO 00000 Frm 00068 Fmt 4624 Sfmt 9801 E:\CR\FM\A06SE6.006 S06SEPT1 lotter on DSKBCFDHB2PROD with SENATE September 6, 2018 CONGRESSIONAL RECORD — SENATE S6109 MARIANNE C. CAREY To be lieutenant commander DAVID A. DOUCET CAMILO CARRILLO RICHARD S. DUCHNOWSKI STEPHEN S. CORTEZ MICHAEL K. BEALL CALE C. DUPRE LAURA R. COX MICHAEL C. BECKER II ALEJANDRO B. DURAN SCOTT A. DARLINGTON, JR. NATASHA L. BUHOLZER JAY L. ESTACIO PAUL E. DEREN JOSHUA D. CARTER TANNER W. FEISTNER CECIL R. DEWEES TRAVIS J. DAVIS LELA J. FINNEGAN RICHARD G. DOBIAS GEOFFRY R. EBERLE PAUL M. FOGEL ROBERT M. DOMALIK AMANDA R. FROMM MICHAEL A. FORTINER MICHAEL B. DONOHUE MIGUEL A. GREEN RAUL R. GARCIA KEVIN R. DOUGHERTY JENILLEE A. GRUBER STEVEN E. F. GASCHLER PAUL T. EDELMAN ALONZO INGRAM, JR. CHARLES L. GATEWOOD ILKANIA G. FERNANDES KELLEN T. JONES MARICRIS GRANADE KEVIN S. FURST ASHLEY M. MIELKE SHAWN D. GREENE BRIAN P. GANNON MICHELLE L. MOELLER PAUL S. GREENOUGH DAVID A. GARCIA KEVIN J. OBRIEN MARK E. GREENSLADE ERIC T. GONZALEZ ALLISON K. PELOSI SOPHIA A. GUERRA NYERE N. GRANT ALAINA M. RAMSAUR JEREMY S. HALKIN JOSEPH L. HAKE, JR. JEREMY W. SEXSON MORRIS E. HAMPTON HALFORD T. HASKELL JOSUE F. YANEZ CRAIG D. HARMON BLAKE T. HENDERSON WILLIAM N. ZINICOLALAPIN ADRIAN L. A. HARVILL JARED C. HICKEY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DAMARIS C. HAVENS JOSEPH K. HOLLIDAY TO THE GRADE INDICATED IN THE UNITED STATES NAVY SHAWN R. HORIGAN DOUGLAS J. HOWELL UNDER TITLE 10, U.S.C., SECTION 624: THOMAS A. HORNER NICHOLAS E. HUGHES JEREMY A. HUFF MICHAEL A. JOHNSON To be lieutenant commander TIMOTHY P. HUTCHISON SEAN P. LEE CRAIG D. JACOBSON RACHEL M. ALTHOUSE JOSEPH R. LEMANEK JERMAINE J. JEMMOTT DANIEL CHO ALEKSANDR LITVACHUK TYLER B. KELLEY NATHAN T. COURIC JASON S. MAENZA GEORDIE F. O. KELLY BRETT M. DAVIS ALAN D. MARTIN JOSEPH L. V. KENWORTHY JOSHUA N. DURAN CASEY A. MERRILL SALISHA L. LABONTE BRENDAN P. DZIAMA MICHAEL J. MILLAR AARON N. LAMAY WILLIAM EUCKER IV MICHAEL B. MOORE ANTHONY S. LASATER JOHN F. FABROS KEITH W. NELSON RICHARD W. LEAPARD TIMOTHY S. FITZGERALD ELIZABETH R. D. NORRELL JEREMY B. LOGAN MATTHEW N. HITE BOSWYCK D. OFFORD II MICHAEL R. LOOMIS HERVY J. OXENDINE VERONICA M. KENNEDY WADE O. LOWE CHARLES M. PETERS TIFFANY J. KINCADE ALEXANDER W. MARSH ADAM R. PETTUS KYLE R. E. KRIEGER KENYATTO A. MAYES JEREMY P. PHILLIPS BEN M. LI WAYNE M. MCELMOYL BARRY F. QUALLS, JR. CHUNCHUN N. MEARES SOHN D. MCGOUGH BRETT L. RAJCHEL DAVID J. MILLER ANGELA V. MEJIA BEAU J. REIMER LAKIR B. PATEL EDWARD M. MENEZES JARED R. RODRIGUEZ PHILIP POON BRANDON O. MERCHANT JEREMEY J. SELLEN ELIZABETH A. REED BRYCE J. MILLER IAN G. SIMON ADRIENNE J. ROLLE ANDREW C. MORRIS STEPHANIE N. STAMM FREDERICK W. ROMBOUTS CHARLES R. MURPHY MICHAEL A. THURSTON CHRISTOPHER G. SAXTON CALEB R. NATION RICARDO VAZQUEZ, JR. DANIEL P. SLOT LOAMAN D. NELSON, JR. TYRONE WALLER II SLAVCO STREZOSKI NILBERT S. NG MICHELLE M. WELCH JASON P. TABANAN WILLIAM E. WILKERSON II JAMES L. ONEAL THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BRANDON S. WYATT JASON R. OSBORNE TO THE GRADE INDICATED IN THE UNITED STATES NAVY SHANNON M. ZOCH DANIEL W. OSTROWSKI, JR. UNDER TITLE 10, U.S.C., SECTION 624: KEITH A. OUELLETTE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT To be lieutenant commander JARED W. PAHL TO THE GRADE INDICATED IN THE UNITED STATES NAVY JASON M. PARK UNDER TITLE 10, U.S.C., SECTION 624: SEAN A. BROPHY BRIAN D. PARSONS To be lieutenant commander SHERRIE A. FLIPPIN RYAN F. PATRICK TABITHA L. KLINGENSMITH ANTHONY J. PERRY JESSICA L. ALEXANDER RICHARD C. MOORE VINCENT N. PERRY STEVEN C. AUSTIN PAUL S. NEWELL DENNIS J. POLLMEIER JASON S. BAKER JAVAN W. RASNAKE SHANE H. PRICE MICHAEL P. BAUCUM JAMIE C. SEIBEL CHRISTOPHER L. PRING JOHN N. BELL JESUS A. URANGA, JR. KEVIN J. RHYNE KEITH R. BOWER THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TYRONE RICHARDSON KELLAN D. BOWMAN MATTHEW J. ROBINSON JOSEPH R. BRACAMONTE, JR. TO THE GRADE INDICATED IN THE UNITED STATES NAVY UNDER TITLE 10, U.S.C., SECTION 624: NORRIS L. RODGERS KASEY A. BREHME ROEL ROSALEZ JAMES G. BRIGOWATZ To be lieutenant commander GREGORY J. ROYAL, SR. HAKIM S. BRISTOW KEVIN S. SCALES CHRISTOPHER G. BROWN CHRISTOPHER M. ANDREWS JUSTIN W. SCHELL VICTOR J. BUHL JOSEPH E. APPLEBY GARY J. SCHMIDT, JR. BRAD E. CLARK JENNIFER M. BAKERSTORY JEFFREY P. SCHULTZ TAYSHA L. COLON JAMES E. BARCLAY PEDRO A. SERRANO LINDSAY N. COSENTINO AARON S. BATES MICHAEL O. SHEA TRACY L. CULBERT PATRICK M. BELL THOMAS J. SIMMONS GREGORY L. FARRELL KEVIN M. BENGSTON DENNIS A. SIMPSON, JR. DEBORAH I. FRANKLIN JEREMY K. BENNETT EQUILLA L. SIMS EUGENE T. FRYE BRETT M. BITTNER JACK L. SMITH CLAUDIA J. GARCESRIOS JOSEPH A. BLALOCK JEREMIAH S. SMITH CEDRIC L. HARDNETT MATTHEW W. BLANTON JUSTUS E. STECKMAN JEREMY E. HAZELBAKER JAMES C. BOND, JR. DWAYNE A. STOUMBAUGH WADE J. HENDERSON GERALD M. BOULLESTER CHRISTOPHER D. SUMMERHILL JOSHUA B. HICKS MATTHEW W. BRASSART MARK A. SYMONS AURELIO W. HOFFMAN SHAWN R. BRISTLE ADAM W. TABBERT DAVID J. HOLM YAMILETT T. BROWN SAMMY R. TAYLOR ANDREW T. JOHNSON DAVID L. BRYANT KARLA C. M. THOMPSON JOSEPH T. JONES KAREN J. BUCHANAN JABBUR H. TOMA PATRICK W. JONES JOHN B. BURKHART MICHAEL C. TWYMON GIMMY J. KIM CHRIS D. BURSON JEFFERY B. VANALLEN MATTHEW S. KING ALEJANDRO M. CABRERO ROWELL P. VENTURINA JOSEPH K. LANE GEORGE T. CALBERT ROBERT C. WEBB JUSTIN S. MCCARTHY JENNIFER J. CALINAO ALVIN L. WEIDETZ III MATTHEW M. MORRIS JASON R. CAOUETTE SEAN T. WEINMANN DANIEL P. PAROBEK JEFFREY M. CARTER LOUDON A. WESTGARD III KIZZIE N. PHARR TIMOTHY J. CERNY DAVID G. WILTGEN TIMOTHY A. POLYARD BRANDON R. CHRISTIAN MICHAEL E. YOUNG RICHARD C. REYES HASELY K. CLARKE JACOB W. ZERCHER PHILLIP W. RICHMOND, JR. RICHARD S. COATES MARK R. RONCORONI SAMUEL E. COATNEY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JOHN T. ROSS II IVAN C. COLE TO THE GRADE INDICATED IN THE UNITED STATES NAVY JOHN J. SCHIMMELMANN DONALD W. COPPING UNDER TITLE 10, U.S.C., SECTION 624: JOE T. C. SIMMONS JASON E. CRILE To be lieutenant commander KRISTOPHER E. SOUSA GREGORY L. CRUM ARETHA SPARKS JOHN T. CRUZ EMILY L. ADAMS MICHAEL B. SWERDA RAY A. CURETON SCOTT P. ADER ADAM D. TALLMAN JULIUS G. DABU JEFFREY J. ARNOLD MICHAEL A. THOMAS MICHAEL P. DAHLGREN JOHN A. BARDENHAGEN III BORREE A. TIBI CHRISTOPHER E. DAVID CARLOS E. BARRERA, JR. BENJAMIN S. ULFERS EDWARD L. DAVIDSON, JR. KELLY A. BARTEK CRYSTAL R. WARRENE LUZ DAVIS ROBERT S. BAXTER AARON S. WEBSTER ROBERT W. DAVIS BENJAMIN R. BEAR SENG F. YEE MARK E. DECKER KRISTOPHER M. BODENHAFER THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MATTHEW O. DERAPS MILLARD F. BOWEN TO THE GRADE INDICATED IN THE UNITED STATES NAVY THOMAS J. DEVANY EVAN M. BOWER UNDER TITLE 10, U.S.C., SECTION 624: ROBERT R. DODGE JAMES D. BOYLE

VerDate Sep 11 2014 03:17 Sep 07, 2018 Jkt 079060 PO 00000 Frm 00069 Fmt 4624 Sfmt 9801 E:\CR\FM\A06SE6.008 S06SEPT1 lotter on DSKBCFDHB2PROD with SENATE S6110 CONGRESSIONAL RECORD — SENATE September 6, 2018

RACHEL A. BRADSELL STEWART M. VIDMAR TO THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI RYAN S. CLARK RICHARD A. VIRGINIA, JR. LANKA, AND TO SERVE CONCURRENTLY AND WITHOUT NATHAN L. CLEM JUSTIN P. VISSER ADDITIONAL COMPENSATION AS AMBASSADOR EX- CHARLES G. CODDINGTON JESSICA R. WARNER TRAORDINARY AND PLENIPOTENTIARY OF THE UNITED RICHARD T. COLLINS ZACHARY WASSERMAN STATES OF AMERICA TO THE REPUBLIC OF MALDIVES. JOHN B. CONNORS ANTHONY C. WEIKER MICHAEL A. HAMMER, OF MARYLAND, A CAREER MEM- DAVID C. COPELAND ROBERT J. WILKINS BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- TIFFANY D. CROSBY JACOB C. WILLE ISTER–COUNSELOR, TO BE AMBASSADOR EXTRAOR- IAN M. DASILVA DINARY AND PLENIPOTENTIARY OF THE UNITED STATES CHRISTOPHER B. DAVIS IN THE COAST GUARD OF AMERICA TO THE DEMOCRATIC REPUBLIC OF THE VERNON R. DENNIS II THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CONGO. STEVEN E. DORMAN IN THE UNITED STATES COAST GUARD TO THE GRADE IN- DERECK J. HOGAN, OF VIRGINIA, A CAREER MEMBER CASEY B. ELBARE DICATED UNDER TITLE 14, U.S.C., SECTION 271(E): OF THE SENIOR FOREIGN SERVICE, CLASS OF COUN- JESSICA L. ELFSTROM SELOR, TO BE AMBASSADOR EXTRAORDINARY AND CHANTEL M. FABIONAR To be commander PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA JOSHUA M. FLAKUS TO THE REPUBLIC OF MOLDOVA. DANIEL S. FRIEDMAN DOUGLAS M. SALIK PHILIP S. KOSNETT, OF VIRGINIA, A CAREER MEMBER CODY D. GARNER f OF THE SENIOR FOREIGN SERVICE, CLASS OF COUN- ROBERT M. GOGGIN SELOR, TO BE AMBASSADOR EXTRAORDINARY AND ADAM M. GOODEN PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA CHRISTOPHER K. HANNIFAN CONFIRMATIONS TO THE REPUBLIC OF KOSOVO. DANA W. HARRINGTON STEPHANIE SANDERS SULLIVAN, OF MARYLAND, A CA- NIKKI A. HARRIS Executive nominations confirmed by REER MEMBER OF THE SENIOR FOREIGN SERVICE, RONALD J. HASSE the Senate September 06, 2018: CLASS OF MINISTER–COUNSELOR, TO BE AMBASSADOR BRADLEY R. HOFFMAN EXTRAORDINARY AND PLENIPOTENTIARY OF THE LAURA T. HOFFNER THE JUDICIARY UNITED STATES OF AMERICA TO THE REPUBLIC OF MATTHEW A. HOWELL GHANA. MARILYN JEAN HORAN, OF PENNSYLVANIA, TO BE BRYAN P. IRISH JUDY RISING REINKE, OF VIRGINIA, A CAREER MEM- UNITED STATES DISTRICT JUDGE FOR THE WESTERN LARKIN M. JONES BER OF THE SENIOR FOREIGN SERVICE, CLASS OF CA- DISTRICT OF PENNSYLVANIA. KRISTEN M. KELSO REER MINISTER, TO BE AMBASSADOR EXTRAORDINARY WILLIAM F. JUNG, OF FLORIDA, TO BE UNITED STATES ROGER E. KEPPEN, JR. AND PLENIPOTENTIARY OF THE UNITED STATES OF DISTRICT JUDGE FOR THE MIDDLE DISTRICT OF FLOR- BRUCE S. KIMBRELL, JR. AMERICA TO MONTENEGRO. CHRISTOPHER S. KING IDA. KARI A. DOOLEY, OF CONNECTICUT, TO BE UNITED ADAM R. LAUSCH FOREIGN SERVICE ZACHARY J. LUNNEY STATES DISTRICT JUDGE FOR THE DISTRICT OF CON- LILAS G. MANNING NECTICUT. FOREIGN SERVICE NOMINATIONS BEGINNING WITH MI- JOSEPH S. MARINUCCI DOMINIC W. LANZA, OF ARIZONA, TO BE UNITED CHAEL CALVERT AND ENDING WITH MARVIN SMITH, SANDER H. MATHEWS STATES DISTRICT JUDGE FOR THE DISTRICT OF ARI- WHICH NOMINATIONS WERE RECEIVED BY THE SENATE JOSHUA S. MATTHEWS ZONA. AND APPEARED IN THE CONGRESSIONAL RECORD ON ASHLEY A. MCCAWLEY CHARLES J. WILLIAMS, OF IOWA, TO BE UNITED MARCH 12, 2018. ALICIA D. MENDOZA STATES DISTRICT JUDGE FOR THE NORTHERN DISTRICT FOREIGN SERVICE NOMINATIONS BEGINNING WITH MICHAEL A. MOORE OF IOWA. POLLY CATHERINE DUNFORD–ZAHAR AND ENDING WITH BRANDON M. MOSLEY ROBERT R. SUMMERHAYS, OF LOUISIANA, TO BE WILLIAM M. PATTERSON, WHICH NOMINATIONS WERE KATHRYN H. MURPHY UNITED STATES DISTRICT JUDGE FOR THE WESTERN RECEIVED BY THE SENATE AND APPEARED IN THE CON- THOMAS S. PARK DISTRICT OF LOUISIANA. GRESSIONAL RECORD ON APRIL 9, 2018. ERIK S. PAULSON ERIC C. TOSTRUD, OF MINNESOTA, TO BE UNITED FOREIGN SERVICE NOMINATION OF TANYA S. JONATHAN M. PERKINS STATES DISTRICT JUDGE FOR THE DISTRICT OF MIN- URQUIETA. ASHLEY R. PETERSEN NESOTA. FOREIGN SERVICE NOMINATIONS BEGINNING WITH CHARLES S. PETERSON ALAN D. ALBRIGHT, OF TEXAS, TO BE UNITED STATES SANDILLO BANERJEE AND ENDING WITH ROBERT AUBREY K. POSPISIL DISTRICT JUDGE FOR THE WESTERN DISTRICT OF PEASLEE, WHICH NOMINATIONS WERE RECEIVED BY THE RICHARD S. RAWLS TEXAS. SENATE AND APPEARED IN THE CONGRESSIONAL DONALD F. ROBERTS, JR. DEPARTMENT OF STATE RECORD ON APRIL 9, 2018. ROBERT A. SABORSKY FOREIGN SERVICE NOMINATION OF PETER A. MALNAK. ROSE M. SCHUMACHER RANDY W. BERRY, OF COLORADO, A CAREER MEMBER FOREIGN SERVICE NOMINATION OF MAUREEN A. SARAH A. SHEEHAN OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER– SHAUKET. DAVID P. SHELTON COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND FOREIGN SERVICE NOMINATION OF JASON ALEX- UTSAV S. SOHONI PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA ANDER. MICHAEL D. SPILLERS TO THE FEDERAL DEMOCRATIC REPUBLIC OF NEPAL. FOREIGN SERVICE NOMINATIONS BEGINNING WITH RUSSELL H. SPITLER DONALD LU, OF CALIFORNIA, A CAREER MEMBER OF PHILIP S. GOLDBERG AND ENDING WITH DANIEL BEN- CONOR W. STEPHENS THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER– NETT SMITH, WHICH NOMINATIONS WERE RECEIVED BY SEAN T. SULLIVAN COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND THE SENATE AND APPEARED IN THE CONGRESSIONAL DANIEL I. TISON PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA RECORD ON JULY 18, 2018. LILLIAN E. TORTORA TO THE KYRGYZ REPUBLIC. FOREIGN SERVICE NOMINATIONS BEGINNING WITH AMI KRISZTIAN TRESTYANSZKI ALAINA B. TEPLITZ, OF COLORADO, A CAREER MEMBER J. ABOU–BAKR AND ENDING WITH EMILY YU, WHICH CRYSTAL C. TRIANTAFELLOU OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER– NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- MARCO E. VELA COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND PEARED IN THE CONGRESSIONAL RECORD ON JULY 31, SHANNON G. VESTAL PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA 2018.

VerDate Sep 11 2014 03:17 Sep 07, 2018 Jkt 079060 PO 00000 Frm 00070 Fmt 4624 Sfmt 9801 E:\CR\FM\A06SE6.009 S06SEPT1 lotter on DSKBCFDHB2PROD with SENATE